Minnesota looking to make first major change to feedlot regulations in 25 years

NINA MOINI: The state of Minnesota is asking for input as it looks to change its rules for feedlots in the first time for 25 years. Feedlots are buildings or confined areas where animals are kept for agriculture. There are about 18,000 in the state. That's according to the Minnesota Pollution Control Agency. Now, these areas allow livestock producers to raise more animals on less land. They also produce a lot of manure, which can pollute drinking water.

So since the state made its last major changes to feedlot regulations in 2000, these operations have grown and consolidated in the last 25 years. Joining me now to talk about what changes are on the table this time around is Lisa Scheirer, the MPCA's feedlot section manager. Lisa, thank you so much for being with us today.

LISA SCHEIRER: Hi, Nina. Thanks for inviting me on your program.

NINA MOINI: Yes, I'm very excited to learn more about this, because people obviously care a lot about our agriculture industry and our drinking water. This is really important stuff. Would you tell us a little bit about why the MPCA is making these updates now? We talked about the 25-year gap here.

LISA SCHEIRER: Yeah, right. Thanks, Nina. You're right-- the last major feedlot rule revision was in the year 2000. And leading up to that-- it started in the mid-1990s, leading up to the 2000 rule revision. And since 2000, things have changed. Changes have occurred over time.

They're not necessarily good changes or bad changes, but they've changed. So, for example, there's new information and understanding regarding agriculture and the environment. We know, as you mentioned earlier, that there's high levels of nitrate and bacteria in waters. We're seeing more extreme and unpredictable weather events. And as a result, sometimes manure storage areas overflow.

We also know more about land application of manure and best management practices, so applying manure on cooler soils, for example. Some other changes there's been-- oh, go ahead, Nina. I'm sorry.

NINA MOINI: Oh, no. You can say if there's a couple of other changes you want to share.

LISA SCHEIRER: Yeah, so there's been changes in livestock and poultry practices. So there's more liquid manure being generated and bigger liquid manure handling systems. There's been an increase in the amount of manure that is sold or given away to cropland farmers for land application. There's also been an evolution of some technologies. So for the agency, for example, the MPCA, we've moved from paper to electronic.

NINA MOINI: Yeah, 25 years is a really long time. So it was 2023 the Environmental Protection Agency basically said, it's time to address some of these concerns from the nitrate pollution in the drinking water, particularly southeast Minnesotans impacted. Would you tell us a little bit more about what nitrate pollution is? How does it impact people? Has the state seen impacts that they could link directly to this? What is going on with this? How big of a risk is it?

LISA SCHEIRER: Yeah, so the Department of Health is the department that regulates the drinking water standard for nitrates in drinking water. And so the MPCA's role is to do what it can-- and today, we're talking about animal feedlots and manure-- from preventing and protecting the waters from impacts from nitrate. So, for example, with the land application of manure, if manure is applied properly, at the right time, at the right rate, in the right location, it's a valuable resource. It can improve soil health, and it provides nutrients to crops.

If manure isn't applied properly, there's a risk of it leaching through the soil profile into the groundwater and running off fields and into surface waters. And that can impact people's drinking water wells, which can impact their health.

NINA MOINI: Yeah. And you mentioned earlier-- you touched on severe weather events. And I'm thinking about this season and then how much rain some areas have already seen. Would you tell us a little bit about how climate change factors in?

LISA SCHEIRER: Yeah, right. So with the extreme and unpredictable weather events that we have been seeing, that can impact manure management practices in a couple of different ways. So, for example, manure is stored in the liquid form, oftentimes in outdoor, large basins, so open to precipitation events. And so if we get a 5-, 6-, 7-inch rain at one time, there's a risk of those manure storage areas from overflowing and flowing into surface waters.

When you're applying manure to the land to use as a nutrient for growing crops, if you get an extreme rain event, it can wash the manure off of the field into surface waters.

NINA MOINI: Yeah. And so I understand that some of the considerations that are floating around are that perhaps-- right now, the largest feedlots are required to get permits from the EPA. And some environmental advocates say, well, maybe all feedlots should have to get a permit. What do you think about the role of more regulation here or more close monitoring as it relates to maybe smaller farms? Are you seeing people who are concerned about stricter regulations?

LISA SCHEIRER: Yeah, so the MPCA is responsible for issuing all permits to all of the feedlots in Minnesota. So the EPA has delegated its authority to the MPCA for those permits. But yeah, we have-- the MPCA has heard whether or not the regulatory threshold for when a permit is required-- that we should look at that because of the changes. Because there are more larger-sized facilities, it's been suggested that we look at the threshold for when permits are required.

There are a number of smaller feedlots across Minnesota. And as you mentioned, agriculture is a value to Minnesota, and it's a big part of the economy. So we're number one in pork, number one in turkeys, number one in pork. And so we have to balance that need for environmental protection and reasonable regulation.

NINA MOINI: Yeah, I loved learning that there are about 18,000 or so of the feedlots across the state. That's really interesting. And to your point about bringing all the stakeholders together, you held some public meetings around the state earlier this summer, and people could still submit comments that they have, written comments, until next Tuesday, it sounds like. How are you planning to use those comments?

LISA SCHEIRER: Yeah, thanks. Yeah, we did. We held 13 meetings around the state of Minnesota, and we had good attendance and wonderful engagement. And we were happy to be able to do that. And so we're accepting comments until next Tuesday. And the agency will read and review all of the comments.

And what we're going to do with the comments is help us make a decision on what rules should or shouldn't be revised, so really looking at those comments and what people are telling us--

NINA MOINI: And Lisa, before I let you go--

LISA SCHEIRER: --about the need and reasonableness of it.

NINA MOINI: Absolutely. No, that's OK. Before I let you go, tell me a little bit about the timeline for all of this. You're collecting the comments. You're making decisions. What is the timeline for finalizing or implementing any changes?

LISA SCHEIRER: Yeah, so what we've done is we've started a very long process. And this initial request for comment period that closes on July 22 is the first part of a very long process. It's anticipated that the rulemaking will last up to two to three years, and so this is the beginning stages. And once the agency considers the comments, starts to consider a scope, starts drafting rules-- and along the way, we're going to be seeking feedback from affected and interested parties. And then at some point two to three years down the road, we will start the official rule-hearing process.

NINA MOINI: OK, so giving people time to plan for what's ahead. Lisa, thank you very much for stopping by Minnesota Now. I learned a lot.

LISA SCHEIRER: Thanks, Nina. I appreciate your interest in this topic.

NINA MOINI: Thank you. That's Lisa Schierer, feedlot section manager for the MPCA. Again, the last day to submit your public comments is next Tuesday, July 22.