California dairy industry earns kudos from water regulators
By Michael Payne, D.V.M., Ph.D., and Deanne Meyer, Ph.D.

In August of last year, dairy producers in California’s Central Valley received certified letters from the Regional Water Quality Control Board requesting a Report of Waste Discharge (ROWD) and a fee from each dairy with an October 17 deadline. It left many producers confused and concerned. What was a ROWD, and why was there a fee?

The answers to these questions go back to 2003—the year the U.S. Environmental Protection Agency (EPA) published its rule changes requiring states to regulate Confined Animal Feeding Operations (CAFOs). California then delegated CAFO permitting to its nine regional boards. The Central Valley Regional Water Quality Control Board (RB-5) is the largest of the state’s regional water boards and covers most dairies stretching from the Oregon border to the Tehachapi Mountains.

To those following water regulation, it didn’t come as a complete surprise. The state’s conditional waiver (under which most dairies had operated) expired in 2002. The regional boards understandably saw this as an opportunity to coordinate state and federal permitting of dairies.

Why a “Report Of Waste Discharge”? The primary objective of the ROWD was to identify existing dairies.  This gives the agency a “big picture” upon which they can base further requirements. It answers questions such as how many dairies are operating, how big they are, where they are located and how to contact them. This information is the necessary first step in implementing a comprehensive permitting program. 

What about the fee? In spring of 2003, when California was facing billions of dollars in budget deficit, the state Legislature passed a bill that required the cost of permit programs to be paid by the permittee. Simply stated, dairies are now required to pay an annual fee to help pay for the CAFO regulatory program. The fee is based on the number of cows in the herd with average-sized dairies (between 700 and 1,499 cows) paying an annual fee of more than $1,300.

So how did the dairy industry do?  According to Water Board records, 98 percent of the region’s dairies submitted their paperwork by the October deadline—a rate practically unheard of, even for a mandatory reporting program. To put it into context, this response can be compared to a different state agriculture reporting program rolled out last year that required a form (but no fee), and generated only a 41 percent  response rate. In short, the dairy industry rose to the occasion and did an outstanding job.
Cooperation and communication between the regulators and the regulated made the difference between the dairy ROWD and some others. In addition to regular communications through dairy organizations, trade associations and publications, the Region 5 staff also tapped the resources of the California Dairy Quality Assurance Program (CDQAP) to help educate producers.

CDQAP partners worked diligently with RB-5 staff to discuss requirements and develop curriculum. In short order and with assistance from a number of industry partners, a comprehensive schedule of free workshops was established from Glenn to Kern Counties—24 in total. These hands-on sessions walked more than 500 producers through the ROWD process, provided a roadmap for the rest of the regulatory process and also allowed for direct questions to Water Board staff.

“Early on we realized that, in order to get the word out, we needed assistance. The CDQAP stepped in with a very tight time frame to pull industry education sessions together,” said John Menke, an environmental scientist with the state Water Resources Control Board. “I would attribute the high (dairy operator) response rate to their cooperative efforts.”

For area dairy producers, the workshops provided not only background and education on submitting the ROWD, but also helped identify areas for ongoing monitoring in preparation for the permit process. Beyond on-site assistance, however, the workshops gave producers a much-needed platform to demonstrate their interest in water quality protection and interact directly with water board staff.

“The workshops were very helpful and well organized. Having Water Board representatives on hand provided an open dialogue and really fostered a sense of cooperation,” said Justin Gioletti at Gioletti & Sons Dairy in Turlock. “I applaud the Water Board’s efforts at working with groups like the CDQAP—it made the process much smoother.”

“Western United field staff and the CDQAP did a good job of coordinating and putting together a well-organized presentation on an issue that needs to be addressed,” said Rodney Kamper of Mt. Whitney Dairy in Riverdale. “I’m pleased as a producer that others in the industry took the issue seriously and did what was necessary to move forward.”

In addition to demonstrating the ability for industry and regulators to work together in a productive way, this was a true test of the effectiveness of the CDQAP. Since its inception in 1997, one of the primary goals of the program has been to act as a liaison between producers, academics and regulatory agencies so dairy producers and processors could better understand and address regulatory requests and potential consumer confidence issues.

“For an area with upwards of 1,600 dairies, this response was outstanding and far exceeded our expectations. We recognize all of the work the CDQAP put into setting up meetings in multiple locations, the presentations covered the ROWD response and beyond, and really helped producers prepare. We also appreciated the open exchange of information—being able to collaborate on curriculum and materials development,” said Rudy Schnagl, chief of the Agricultural Regulatory and Planning Unit at the Central Valley Regional Water Quality Control Board. “Like everything the dairy industry is changing, by working together we can make it easier for everyone.”

Jovita Pajarillo, associate director of the US EPA’s Region 9 Water Division, echoed the sentiment. “We were expecting industry support, however, we were very enthused over the large turnout and participation. The CDQAP workshops promoted a sound understanding of what regulators expect. To see the numbers of producers in attendance sent a very strong and positive message from the industry to the regulators, that they are engaged,” she said. “The CDQAP is very effective in providing compliance assistance through education. Their work has resulted in a change in attitudes and behavior on both sides. Having been a partner of the program since 1999, we have no doubt that it is a model of innovation and a successful and real example of how collaboration can work to the benefit of both in striving together to protect the environment.”

The key to the success of CDQAP’s outreach was the ability to leverage efforts from the program’s many partners. These partners include trade associations, dairy cooperatives, consultants, University of California Cooperative Extension specialists and advisors. It also includes Dairy CARES (Community Alliance for Responsible Environmental Stewardship), which helped coordinate, staff and implement workshops.

By working with both industry and regulatory agencies, the CDQAP is able to offer another positive collaboration in the form of annual fee reductions. Recognizing that dairies that have gone through the CDQAP third-party evaluation are at a much lower environmental risk, the state allows for a 50 percent  annual fee reduction for CDQAP-certified dairies. It’s a win-win situation. Producers get a fee break for doing the extra work to prove they are in compliance with environmental regulations and the water boards can conserve regulatory resources for higher risk operations.

Protection of the state’s water resources is something everyone wants and the dairy industry can be proud of this initial effort. It is only the first step, however ,of what will be a multi-year implementation of a formal permit. With input from a variety of industry and environmental stakeholders, regional water boards are now crafting a “Waste Discharge Requirements” or WDR for dairies. Producers can expect in the near future additional requests for information. Ultimately all producers in the state will be required to provide documentation that manure application on their farms is not adversely affecting surface or ground water quality. The CDQAP is committed to work with producers and regulators as we move forward in this process. If the response to this ROWD is any indication, we are looking good for the future.

As Paul Martin, director of environmental services for Western United Dairymen, a CDQAP partner, stated, “We are proud of producers for stepping up to the plate and being proactive in meeting regulatory requirements.”

Michael Payne, and Deanne Meyer are partners in the California Dairy Quality Assurance Program (CDQAP). Payne serves as director of the CDQAP and assistant director for the Western Region of the Food Animal Residue Avoidance Databank (FARAD) at UC Davis. Meyer is a livestock waste management specialist with the Department of Animal Science at UC Davis.