Operators of large livestock operations in Nevada are concerned that upcoming state regulations may be more stringent than the new federal rules they are designed to mimic.
About 25 farmers and ranchers met last week with representatives from the Environmental Protection Agency, the Nevada Division of Environmental Protection and the U.S.
Department of Agriculture's Natural Resources Conservation Service to discuss new federal regulations that will take effect on April 14.
The new federal rules cover concentrated animal feeding operations, or CAFOs.
They will change some of the guidelines for determining whether an operation is a CAFO and set permitting and reporting requirements for such operations.
The states have until April 2004 to revise their regulations to be at least as strict as the federal policy.
Nevada is one of a handful of states that will act as the permitting and enforcement authority for the new rules while the EPA performs oversight, according to Jenny Mann, environmental scientist with the EPA in San Francisco.
Bruce Holmgren, staff engineer with NDEP, said he is researching how to rewrite the Nevada regulations and plans to publish a fact sheet in a couple months.
"What is going to be required is the minimum and in a few cases ours may be more stringent that the EPA regulations," said Holmgren.
One difference between the regulations is already known:While the EPA rules only cover surface water, known as waters of the United States, the state regulations will add groundwater to the mix.
"All groundwater is water of the state," said Holmgren.
"And we will monitor that."
That has some ranchers and farmers worried.
David Cassinelli, owner of Cassinelli Bros.
ranch in Paradise Valley in Humboldt County, said that groundwater can be contaminated by any number of sources.
He asked if, for example, the NDEP monitored septic tanks, a known contributor to groundwater contamination.
"That's when I start getting hot.
Look at Winnemucca Farms, a potato farmer near a housing development with septic tanks and when there's a problem everyone points the finger at ag," he said.
Holmgren said NDEP did not monitor septic tanks, although the state has rules about the density of septic tanks in a given area, which is a barometer of whether the tanks will pollute surrounding groundwater.
"And analysis can be done on whether it's a human source or agriculture," causing the pollution, said Holmgren.
Cassinelli is also concerned that the new definitions of CAFOs will include some of the state's cattle operations that were not present at the meeting.
If they're not kept informed, worries Cassinelli, it could leave them open to lawsuits from environmental groups.
"I see a message in all this that the 45- days limit would put you in the category of a CAFO," he said.
The federal rules define an animal feeding operation as one that confines animals for 45 days within a 12- month period in a confinement area with no vegetation.
The number of animals determines whether the operation is a CAFO.
Even grazing operations commonly confine animals for that period of time, said Cassinelli.
NDEP's Holmgren said he plans to release a draft of the new state regulations in the fall, followed by a period for public comment and meetings.
