New CAFO Permit

As anticipated, the NYS Department of Environmental Conservation (DEC) released the “new” CAFO Permit (GP-0-22-001) on July 22, 2022. Although the current permit was set to expire on July 23, 2022, the DEC opted not to have the new permit become effective until January 23, 2023. Until that time, the expiring permit will be extended. It should be noted that the term of the new permit changed from a 5-year permit to a 10-year permit. As secure as 10 years may sound, the DEC stated that they can open the permit at anytime to make changes if they see fit.

So, how does an existing CAFO transition to the new permit? Your farmstead planner will prepare the required Request to Continue Coverage and Comprehensive Nutrient Management Plan (CNMP) Certification forms for signature by both the farm owner and certified planner. The paperwork must be submitted electronically to the DEC at least 30 days prior to the effective date (1/23/2023) of the new permit. Electronic submission of all forms is one of the new requirements in the permit. The DEC will be providing us with further information and guidance on this process in the upcoming weeks. Within the 30-day time period, the DEC will review the paperwork so coverage under the new permit can commence on the effective date. If the DEC finds any deficiencies with the paperwork, they will notify the farm owner on what needs to be corrected.

Over the next few weeks, we will take time to fully acclimate ourselves to the changes in the new permit and communicate with you as to how they may impact your farm. For many of you, we don’t anticipate any significant change. Remember, it is important that you communicate with your farmstead planner. Don’t make assumptions. Ask questions and share your ideas and plans with us so we can make sure you are taking the appropriate actions to comply with the permit.

The Use of Petroleum Products With Manure is Prohibited

It has come to our attention that law enforcement agencies and the NYS Department of Environmental Conservation (NYSDEC) are aggressively looking for anyone adding any type of new or used petroleum product to their manure. According to the DEC, some farms and custom applicators have been using these types of products to reduce foaming. The NYSDEC issued a statement on May 23, 2022, stating “It is important to note that the use of any petroleum containing materials for this use is strictly prohibited.” It is our understanding that someone following this management can be subject to criminal charges.

In lieu of using a petroleum-based product, the NYSDEC further stated that “Per NYSDEC Division of Materials Management, in accordance with 6 NYCRR 360.12(c)(3)(iv), used cooking oil* is not subject to regulation as a solid waste when used to prevent or suppress foaming in manure management at farms, provided it is not mixed with other solid waste. No more than the equivalent to two (2) 55-gallon drums of unprocessed used cooking oil may be stored at any time at a farm for this purpose. Pursuant to 60.12(c)(4)(vi), processed cooking oil (filtered and excess water removed at a used cooking oil and yellow grease processing facility) may be received in any amount and stored indefinitely for this use.”

“The use of small amounts of virgin vegetable oil is also an accepted practice to prevent or suppress foaming in manure management at farms, so long as it is properly handled and doesn’t create a nuisance. Virgin vegetable oil is not subject to any solid waste regulation unless it’s unused and discarded.”

*6 NYCRR 360.2(b)(297): Used cooking oil means a vegetable or animal-based oil that is generated from cooking or frying foods and is a liquid at room temperature (68 degrees Fahrenheit). Used cooking oil may contain food particles and water. Used cooking oil does not include brown grease.