PROPOSED CHANGES TO CAFO RULES UNDERMINE PROTECTIONS TO KANSAS NEIGHBORS & WATER QUALITY
Stillwater Swine (left) and Rolling Hills Pork (right) are side-by-side with connecting passageways between them. Image by courtesy of Kansas Sierra Club.
When several sets of barns are lined up beside one another, or adjacent, it can only be logically interpreted as one concentration of animals subject to a larger setback to both the neighbors and to surface water. The image above shows a recent installation of two identical operations side by side where the operator claimed they were separate and not subject to a larger setback. The graphic shows two passageways between them that indicates that the owner/operators intended it to be one operation for business efficiency purposes.
Kansas Department of Health and Environment (KDHE) is proposing to revise rules and regulations on confined animal feeding operations that could be used to circumvent statutory “setbacks” or separation distances between a facility and neighboring habitable structures and water bodies.
KDHE is holding a public hearing on the proposed changes on Wednesday, May 26, 2021 at 10 a.m. by phone.
To join Wednesday morning’s public hearing via teleconference call:
- Dial 1-877-400-9499
- Enter conference code 9011059037#.
Oral comments will be accepted, but do also submit your comments in writing.
Written comments can be submitted via email to Matthew.T.Steele@ks.gov by 5:00pm on 5/26/21
The proposed rule’s effects are clear: By allowing greater density of livestock with less separation from habitable structures or water bodies, neighbors will experience worse problems of air quality and odor nuisance. Furthermore, greater density of livestock still increases the risk of localized water pollution (even with more waste management systems).
Learning More and Taking Action
If proposed changes to the Kansas’ confined animal feeding operation (CAFO) rules are adopted, it will be possible for new and existing CAFOs to expand numbers of livestock without triggering increased setback distances from neighbors and water bodies. These setbacks were established in state statute several years ago when swine production was on the rise and citizens fought for greater setback distances and other protections from large swine operations moving into communities.
KDHE is proposing to revise rules and regulations on confined animal feeding operations that could be used to circumvent statutory “setbacks” or separation distances between a facility and neighboring habitable structures and water bodies. Habitable structures include homes, schools, churches, food services, medical facilities, and other places where people congregate.
The most relevant change would allow CAFO operators to create multiple facilities at a single location if each facility had its own waste management system. This would allow CAFO operators and owners to divide a larger operation into separately permitted, smaller animal unit permits in the same area without invoking larger separation distances.
The proposed rule’s effects are clear: By allowing greater density of livestock with less separation from habitable structures or water bodies, neighbors will experience worse problems of air quality and odor nuisance. Furthermore, greater density of livestock still increases the risk of localized water pollution (even with more waste management systems).
The proposed changes were crafted after Kansas Department of Health and Environment (KDHE) reps met with some livestock industry members to rewrite rules after a recent District Court ruling obtained by the Sierra Club to prevent a large hog producer in Phillips and Norton counties from evading statutory setbacks to surface water.
For more detail about the proposed rule change, see the fact sheet from the Kansas Sierra Club below.
Click the boxes below to read resources relating to the proposed changes and developing effective written comments.
KDHE Notice
Kansas Sierra Club Fact Sheet
Tips for Submitting Comments
By Tim Carpenter– May 25, 2021
The recommended policy stemmed from a lawsuit filed by the Sierra Club and a subsequent 2019 court decision that went against the Kansas Department of Health and Environment and prominent hog farmer Terry Nelson. The Sierra Club successfully challenged KDHE’s decision to help Nelson evade environmental setbacks in Phillips and Norton counties in northwest Kansas.
Nelson’s strategy, embraced by the Kansas Livestock Association, was to maneuver around barriers established in Kansas to preserve quality of life in rural communities amid concentrated animal feeding operations, or CAFOs. The idea was to divide an industrial-sized Nelson hog facility into limited-liability companies, secure separate operating permits from the state and raise more hogs on that site without having to move further away from protected surface water.
That attempt to exploit a potential loophole was rejected by the district court, but new regulations proposed by KDHE appear designed to appease a livestock industry intent working around restraints on CAFOs.
PAST ACTION ALERTS
NFU Calls on FTC to Oppose ChemChina Acquisition of Syngenta
Continuing a long tradition of advocating for competitive marketplaces for family farmers and ranchers, National Farmers Union (NFU) today urged the Federal Trade Commission (FTC) to oppose the proposed China National Chemical Corp’s (ChemChina) acquisition of Syngenta AG.
In public comments to FTC Secretary Donald S. Clark, NFU President Roger Johnson asserted that the deal further consolidates the highly globalized agricultural inputs sector. This decreases competition amongst the few companies that dominate the marketplace, limiting choice and raising prices for family farmers.
“ChemChina’s proposed takeover of Syngenta would disrupt trade flows and accelerate the international consolidation of food and agribusiness industries,” said Johnson. “We urge you to stand up for family farmers and ranchers and oppose the merger.”
Taking Action
National Farmers Union encourages all state organizations and members to submit their own comments on the merger, using the verbiage from the NFU letter and talking points as they see fit.
All comments must be submitted to the Federal Trade Commission by next Thursday, May 4.
To assist in developing your own comment submission, download the following below:
- NFU’s comments to the Federal Trade Commission on the pending approval of ChemChina’s purchase of Syngenta
- ChemChina-Syngenta overview and talking points
- Federal Register Notice inviting comments on the merger
NFU’s comments to the FTC
Merger Overview & Talking Points
Instructions for Submitting Comments
Calling to Keep COOL
National Farmers Union, in partnership with a coalition of other groups, has organized a White House call in day. We’d like to flood the White House with as many calls as possible.
Please call President Obama at 888-793-4597 on Wednesday, May 6.
- Call the White House at 888-793-4597
- When you are connected, tell the person who answers:
- “Hi, my name is _______ and I’m from ______.
- I urge President Obama to stand up for my right to know where my food comes from by protecting country of origin labels.”
That’s it! The whole process should take no more than 60 seconds.
The White House tracks every call they get on an issue, so volume of calls matters.
To learn more about Country-of-Origin-Labeling, please visit National Farmers Union.
SB 263: Eliminating Sales Tax on Fruit and Vegetables
Kansas Farmers Union supports Senate Bill 263, which would eliminate sales tax on fruits and vegetables in Kansas.
Last week the Legislature returned and the Senate Tax committee met to decide which bills would be considered as a part of the tax package. Senate Bill 263 is on the list alongside roughly 16 other bills.
You can make sure your voice is heard at the Statehouse today by calling or emailing your elected representatives right now.
Please take just a moment to pick up the phone or send off that email that lets the folks in the capitol know you support Senate Bill 263 and the elimination of sales tax on fruit and vegetables.
Here are a few talking points for your convenience:
- Currently, Kansas has the nation’s second highest sales tax on food, trailing only Mississippi. In some Kansas communities, the combination of state and local sales taxes can add as much as 10 percent to grocery bills.
- Kansas is one of only 14 states that charges sales tax on food for home consumption. Most other states exempt food or apply a much lower sales tax rate. Food is not a luxury item and increasing the state sales tax rate will only cause a heavier burden on low-income Kansas families and children.
- Constituents across the state support the bill. A poll paid for by the Kansas Health Foundation and administered by the Docking Institute at Fort Hays State University last summer showed that at 86.4% of Kansans support eliminating the sales tax on fruits and vegetables.
Take Action Today!
CALLING ALL FARMERS
We’re just like you. We’re farmers, ranchers, parents, retirees, students…you name it. But the one thing we all have in common is our dedication to the preservation of family farming and strong communities. And the more voices we have, the bigger impact we can all make. Together.
You can make sure your voice is heard at the Statehouse today by calling or emailing your elected representatives right now.
Please take just a moment to pick up the phone or send off that email that lets the folks in the capitol know exactly how you feel on the priority topics below.
Fully fund Kansas public schools
The life-blood of many rural Kansas communities is the public school. When a school closes, a community loses its identity, affecting businesses, jobs, and so much more.
Please do what is right to ensure every student, from Bird City to Lenexa, has a well-funded, quality public education!
Protect Kansas family farms by preserving the county option
For 80+ years, corporate farming laws have protected family farms and ranches from the threats of unfair competition by corporate and foreign interests.
The county option should be preserved in Kansas’ corporate farming laws.
Expand opportunities for beginning farmers and ranchers
Developing options for new farmers entering agriculture or current farmers expanding into value-added enterprises keeps Kansas agriculture strong and growing. Farm transition options, diversified farm opportunities, and local/regional food systems are key to Kansas’ growth in the agriculture industry.
Take Action Today!
Learn More About What We Stand For
Kansas Farmers Union has a rich history of working to protect and promote the interests of family farmers and ranchers by taking a leadership role in advocating for farming, ranching and agricultural interests across the state.
To be effective on our members’ behalf, it is essential that our members be involved in the organization, become knowledgeable on the issues that impact their work and lives, and communicate their needs to us.
Through grassroots policy and local involvement, our members and staff play a key role in bringing concerns, issues, and needs to the attention of local, state, and national decision makers. KFU’s state and national policy document is discussed and ratified each year at our state convention.
Read the 2015 KFU Policy: Special Orders
Don't miss an opportunity to make your voice heard!
Join Us in Topeka for Kansas Family Farms Day
What & Why: It is important for farmers, ranchers, and rural Kansans to advocate on behalf of legislation that benefits family farms and rural communities. It is equally important for those individuals to speak out against legislation that does direct harm to those same family farms and rural communities. RSVP HERE.
When: 9:00 AM Tuesday, March 24th
Who: Representatives from the Kansas Farmers Union, Kansas Rural Center, Kansas Cattlemen’s Association, Salina Diocese Catholic Rural Life, Climate + Energy Project, Kansas National Farmers Organization, Kansas Interfaith Power & Light, Kansas Sierra Club, & Kansas Natural Resources Council will be on hand to discuss legislative issues that directly affect their members, as well as share information about their respective groups at booths in the rotunda.
