Protecting Minnesota’s Water Starts with Stronger Feedlot Rules

By Joy Anderson, supervising attorney, MCEA

The last time Minnesota adopted new environmental regulations for animal feedlots Bill Clinton was president, everyone was watching Who Wants to be a Millionaire, and Facebook did not yet exist. 

In other words, it was a long time ago. In fact, it’s been 25 years since Minnesota significantly revised the rules for animal feedlots and the massive amounts of manure they produce. Manure is an important source of nutrients for crops, but when it is improperly applied, some of it ends up polluting our lakes, rivers, streams and groundwater, rendering some residents’ tap water unsafe to drink, and some lakes, rivers and streams unsafe for fish or recreation. 

A lot has changed in those 25 years. Feedlots have changed, getting far bigger and far more industrialized in their practices. And our knowledge about how feedlots affect our water, climate, and public health has increased. Unfortunately, one thing hasn’t changed. Minnesota is still failing to effectively address the nitrate, nutrient and bacterial pollution in many of our waters due to the ways feedlots are currently allowed to operate and manage manure in our state. 

Now we have a chance to change that too. The Minnesota Pollution Control Agency (MPCA) has announced that it is considering updating its animal feedlot rules, and it is currently taking public comment on how the rule should be revised. This is a huge opportunity - a once in a generation opportunity - to strengthen protections for so much of what we care about in Minnesota. It’s why MCEA is pouring hundreds of hours into researching and drafting an expertly crafted comment to submit to the state, and why we hope you’ll sign onto it, or better yet, draft your own comment (more on both below).

Minnesota now has more than 18,000 feedlots, which in total produced almost 49 million tons of manure last year alone. That’s far more than the waste produced by Minnesota’s entire human population (only about 1 million tons). Much of that manure is spread–without any treatment to make it safer–on fields for use as fertilizer. Some of that manure inadvertently runs off overland or seeps through the soil into groundwater, particularly when manure is applied too thickly, at unfavorable times, or in areas where groundwater is especially vulnerable. Because of this, some private well owners in Minnesota’s karst and central sands regions have nitrate levels that exceed the federal health limit.  Throughout the state, nitrogen loads in major river systems are staying elevated or even increasing in some cases. 

We know ways to help prevent this pollution, all of which are included in our comment to the MPCA. Topping our list are the following: 

• Add stricter limitations on manure application in areas that are particularly vulnerable to groundwater pollution, including the southeastern karst region and the central sands region.
• Require more large feedlots, and not just the state’s very largest, to apply for water pollution permits. These permits come with additional restrictions and oversight, and MPCA can take enforcement actions against feedlots that violate permit provisions.
• Require feedlots to monitor the fields where they apply manure to ensure manure is not running off into waterways or seeping into groundwater. Currently, the vast majority of feedlots are not required to check whether their applied manure is running off into ditches or streams. 

After years of urging by MCEA and our allies, we’ve seen Minnesota take recent steps in the right direction to address our nitrate pollution problem. But more needs to be done. 

This reopening of the feedlot rule is a critical–and rare–opportunity to make real progress on a problem that has plagued Minnesota for decades. There are several ways you can weigh in to tell the MPCA Minnesotans want and deserve a feedlot rule that both works for feedlot operators AND protects our state’s drinking water, aquatic life, and recreation from pollution. 

1. Sign onto MCEA’s summary comment, which tells MPCA about the changes MCEA wants to see in the animal feedlot rule.
2. Send MPCA your own comment, explaining what changes you would like to see in the rule and why. Comments can be submitted through the Office of Administrative Hearings website or to OAH, attn: William Moore, 600 N. Robert St., P.O Box 64620, St. Paul, MN 55164-0620. MCEA is hosting a virtual Comment Writing Party June 26th that will teach attendants how to submit an effective comment. RSVP to attend here.
3. You can tell MPCA your thoughts verbally at informational sessions, both online and in person at locations around the state. 

The comment period closes July 22nd. This is only the beginning of the rulemaking process, and there will be another opportunity for public comment once MPCA has drafted a proposed new rule. But once an agency has written one version of the rule, it’s harder to convince the agency to make changes. That means NOW is the most important time to ensure your voice is heard. We might not have another chance like this for another 25 years, and Minnesota’s waters cannot wait that long.