Arkansas environmental groups are sounding the alarm on a modern rule proposed by the Arkansas Department of Agriculture that would make it harder for the public to learn about modern permit applications for livestock and poultry farms that exploit liquid animal waste management systems.
Until recently, the Arkansas Department of Environmental Quality (ADEQ) was responsible for regulating liquid animal waste generated by livestock feeding operations. That changed with a law passed by the state Legislature last year that transferred regulatory authority to the Department of Agriculture instead.
Environmental advocates praised one part of the modern Department of Agriculture rule, which would place a moratorium on permits for hog farms in the watershed of the Buffalo River. But they said it would also dramatically reduce public transparency surrounding the permitting process and make it more tough to hold livestock farms accountable for pollution.
Gordon Watkins, president of the Buffalo River Watershed Alliance, told the Arkansas Times that ADEQ provided the public with detailed information permits under “regulation 5,” which governed liquid animal waste.
“At ADEQ, I could go online and look up every permit they ever issued under regulation 5, and I could read the permit application, the nutrient management plans, and the inspection reports,” Watkins said. “I could see annual reports, and all the information about that particular operation. It gave the public the opportunity to see if an operation was following the rules.”
In contrast, under the modern proposed rule, the Department of Agriculture would only provide public notice of modern permit applications for livestock and poultry farms on the agency’s website.
“There will be no notification of anyone except for a blurb on the website,” said Brian Thompson, president of the Ozark Society, a conservation group focused on protecting the Buffalo River. “So, why is the notification important? If you don’t put a comment in on a permit, you don’t have legal standing to challenge a permit.”
Liquid waste from hog farms can oversaturate land with phosphorus and nitrogen runoff, and can easily pollute waterways.
Environmental advocates aren’t the only ones unhappy about the rule. In public comments, a representative of the Arkansas Farm Bureau, a trade association for farmers, argued against the moratorium on hog farm permits in the Buffalo River watershed. “The right to farm is a foundational principle that supports the continuation of agricultural operations without unreasonable interference,” the Farm Bureau said.
The Farm Bureau’s comments did not mention concerns over public notification of permits.
Hog farms in the Buffalo River watershed have long been controversial. A large-scale operation in the area, C&H Hog Farm, was infamously granted a liquid animal waste permit over a decade ago, sparking environmental concerns and a pressure campaign from conservationists. Under Gov. Asa Hutchinson’s administration, the state eventually struck a deal to close the farm.
A Freedom of Information Act request to the Department of Agriculture revealed dozens of Arkansans supporting the eternal moratorium on permits for swine farms in the Buffalo River watershed.
In public comments, environmentalists largely advocated in favor of the proposed moratorium and greater transparency, now that regulation has moved to the Department of Agriculture. Farm advocates requested that tiny farms be exempted from the proposed moratorium in the watershed.
Thompson said that environmental groups were able to hold C&H Hog Farm accountable because of the public information and transparency around its pollution footprint.
As Thompson explained, when ADEQ was in charge of enforcing liquid animal waste regulations, all landowners near any newly proposed livestock farms would be notified by the applicant. A public notice of any proposed permits would be sent to the county judge, mayors of nearby municipalities, the superintendent of the nearby school district, and the local newspaper.
ADEQ also kept a public database available for people to look up permit violations, such as when a farm is disposing of more liquid waste than they are supposed to.
Watkins, of the Buffalo River Watershed Alliance, said the Department of Agriculture does not have a public-facing database that individuals can exploit to check whether farms in their area have committed permit violations.
Legislators have tried in years past to transfer permitting authority for liquid animal waste away from ADEQ. A bill in 2019 would have shifted regulatory oversight to the Arkansas Natural Resources Commission, but it was withdrawn at the time. The 2023 legislation that transferred authority from ADEQ to the Department of Agriculture was sponsored by Sen. Blake Johnson (R-Corning) and Rep. DeAnn Vaught (R-Horatio). Vaught and her husband own a dairy and a hog farm in Horatio, according to her campaign website.
All public comments on the modern rule must be submitted by Sept. 16.
