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2008 Policy Book
First | Previous | Next | Last | 2008 Index | Policy Book Archive#73 ENVIRONMENTAL PROTECTION AND AUTHORITY
Pollution Prevention on Farms
Public scrutiny of agriculture and increased regulation continues to challenge farmers to improve farm management and protect the environment. Regardless of the size of the farm, we urge all members to voluntarily implement pollution prevention practices.
We support the Michigan Right to Farm Act as the primary vehicle to address environmental issues on farms. We encourage all farms to follow the Act and the Generally Accepted Agricultural and Management Practices (GAAMPs).
We support all farmers enrolling in and completing the Michigan Agriculture Environmental Assurance Program (MAEAP). MAEAP is a voluntary, incentive-driven approach that helps farmers meet regulation and protect the environment. Michigan Farm Bureau members must continue to lead the successful implementation of this program and complete the MAEAP systems that are appropriate for their farm. MFB should work with partners to renew the MAEAP partnership agreement and organize MAEAP educational meetings. Farmers who complete MAEAP verification, in accordance with standards in place at the time of verification, should not have to meet new standards until reverification. We support legislation affirming that producers who complete MAEAP and maintain program compliance are, for the program components addressed on the farm:
- Presumed not to be polluting or impairing the natural resources.
- Provided additional protections from frivolous complaints.
- Practicing good conservation and will not be assessed fines or be penalized for pollution events if the producer is found to be following an approved conservation plan.
Providing greater incentives will lead to more MAEAP verified farms and greater protection for Michigan's environment.
The Farm Bill provides opportunities for farmers to address conservation programs on farms. We encourage the continued refining of conservation program delivery to ensure that the process is transparent, consistent and simple to participating farmers. We encourage the development and/or upgrading of standards to address on-farm above ground fuel tanks and liquid fertilizer storage with associated cost-share programs. We encourage the development of nutrient management plans for all farms.
Regulatory Authority & Responsibility
To protect the environment and enhance production agriculture, we challenge state departments and federal agencies to work together to produce more user-friendly programs that provide clear direction and consistent regulatory authority on farms. Oversight of farms should be focused on solving problems and not simply on penalizing producers.
Farmers who violate state environmental law or fail to conform to the Right to Farm program are under the jurisdiction of the Department of Environmental Quality (DEQ). DEQ is responsible for timely, effective and consistent enforcement of environmental laws against producers who knowingly, willfully, and/or negligently pollute. DEQ rules and standards must be tested against sound scientific principles and include a completed industry economic impact analysis prior to promulgation. We encourage DEQ to utilize external expertise in the absence of knowledgeable staff regarding agricultural practices. We call on DEQ to accept agricultural practices designed, constructed and maintained to Natural Resources Conservation Service standards and implement them into regulatory policy whenever applicable. Regulations must recognize the influence of precipitation on farming practices. Appropriate timelines should be afforded to producers to implement required practices.
We support Michigan Department of Agriculture intervention on behalf of farmers in legal actions taken against farmers who have worked with state agencies to address pollution challenges. A mutually agreed upon third party arbitration process for dispute resolution between DEQ and a producer should be developed and implemented. The development of a DEQ Appeals Board should be explored. Funds derived from DEQ enforcement actions on farms must be allocated for pollution prevention in agriculture.
DEQ is delegated by the federal government to implement the Clean Water Act in Michigan, which includes implementing the National Pollutant Discharge Elimination System (NPDES). We support the timely issuance of NPDES permits, in accordance with federal rules, to farms that:
- Want permit coverage and discharge effluent in accordance with Michigan water quality standards.
- Are required to obtain coverage by federal law as a result of being determined by DEQ, with clear and convincing scientific evidence, to have caused a violation of water quality by an actual dry weather discharge of pollutants to the waters of the state as a result of not following a certified Comprehensive Nutrient Management Plan (CNMP).
We oppose mandatory issuance of individual NPDES permits to existing Michigan livestock farms. We believe when a farmer applies for a NPDES permit, regulations in force at that time should be used to issue that permit. Any change in regulations should give the permit holder a phase-in time, which should depend on the complexity of the regulation change. We support implementation of permit requirements derived from public input with scientifically verifiable standards as provided in administrative rules. We oppose classification of manure and ag processing by-products that can be used as feed stocks or soil nutrients as hazardous waste.
While we recognize the DEQ has a necessary part in regulating agriculture, MFB has lost confidence in the ability of DEQ management to objectively address agriculture. DEQ management continues to pursue policies and interpret statutes in a manner that exceed state and federal rules. In a time of funding scarcity, DEQ management has ignored law that prohibits use of funds on efforts that exceed federal regulations. DEQ continues to exceed federal requirements by requiring MAEAP-verified farms that have not had actual discharges to obtain discharge permits. DEQ management has made derogatory comments in the media regarding animal agriculture, misquoting facts and demeaning MAEAP. The Environmental Council of States (ECOS) agreement between Michigan and the federal government has gone un-renewed as a result of unfair evaluation by DEQ. We oppose these actions and consider them to be a deliberate attack on Michigan agriculture.
DEQ management should be using resources to effectively enforce existing environmental laws instead of overstepping its authority and discouraging expansions and start-ups of agriculture and agriculture-related businesses in Michigan. We encourage Governor Granholm to make necessary changes to DEQ to address these concerns and evaluate the impact of DEQ decisions on all of Michigan's economy. DEQ can stimulate Michigan's economic recovery or be a deterrent to economic viability.
While the vast majority of farms are putting forth a considerable effort and are environmentally safe, we recognize that some oversight is required. While we support MDA pollution prevention program opportunities for all farms, MFB believes the MDA should have an increased role in providing regulatory certainty to Michigan agriculture.
MFB supports the development of permits to operate and site large animal feeding operations within MDA. Operating permits would use MAEAP standards and would be required for all large animal feeding operations (e.g., 700 mature dairy cows, 2,500 hogs, 1,000 beef cattle) that are not:
- Required to apply for NPDES permit coverage in accordance with federal requirements
- Determined by DEQ, using clear and convincing scientific evidence, as having an actual dry weather discharge of pollutants to the waters of the state
- Causing a violation of water quality standards as a result of not following a certified CNMP.
Operating permits should be annually reviewed by MDA and have protections for producers from third-party lawsuits. NPDES permitted farms that do not have regulated discharges for a duration of five years should be allowed to apply for coverage under an MDA operating permit in lieu of NPDES permit coverage, or complete and maintain MAEAP verification if the farm is not a large animal feeding operation. Siting permits would be applicable to only new large animal feeding operations or an operation that expands to become a large animal feeding operation. Siting permits would require a determination of conformance with applicable GAAMPs and a certified CNMP. Siting permits should be valid for a three-year period between MDA approval and beginning construction. We oppose any requirement for NPDES permits for Michigan farms that complete the MAEAP Livestock System and do not knowingly or willfully discharge pollutants into the waters of the State.
MDA issued permit fees shall not be more than $200 per year and can only be adjusted at the rate of inflation.
Response to Environmental Scrutiny
The agriculture community realizes the need to protect the environment; however, when regulations limit agricultural viability, we believe it is time to take a more aggressive approach to protect our industry. Michigan producers and MFB should aggressively work to counter propaganda that depicts production agriculture in Michigan as abusers of the environment. MFB will work with MAEAP partners to develop educational and promotional materials for farm neighbors and the general public regarding the benefits of MAEAP. We encourage all producers to use MAEAP verification as the base for projecting a positive farm image to the public and encourage the use of MAEAP in creating marketing opportunities for participants.
We encourage measures that have zero tolerance for harassment of farmers who are adhering to the State's pollution prevention program for agriculture. Individuals who lodge complaints with DEQ against farms must be required to provide their name for public record and pay for the complaint investigation if more than three unverified complaints are made against a farm within as many years.
We oppose legislation that inhibits the viability of agriculture. We oppose decisions made in response to emotion instead of science, law and common sense. We oppose arbitrary moratoriums that affect the growth of animal agriculture, including limits on animal expansion and storage structure size.
