Volume 20 | Issue 12
Permit conditions on hold
This past Friday, the North Carolina Farm Bureau (NCFB) received a favorable ruling from the NC Office of Administrative Hearings in its appeal of three conditions that were included in the 2019 swine, cattle and wet poultry general permits. In that appeal, filed nearly one year ago, NCFB argued that the NC Department of Environmental Quality (NCDEQ) should have adopted those three permit conditions as rules under the North Carolina Administrative Procedure Act before their inclusion in the permits.
In the order, the administrative law judge agreed with NCFB, concluding that NCDEQ, “erred in not submitting for rulemaking the three special conditions added to the General Ag Permits. The three conditions are Phosphorus Loss Assessment Tests (PLAT evaluations), ground-water monitoring, and annual reporting.
The general permits that went into effect on October 1, 2019, are still in effect but enforcement of the three permit conditions that were challenged in the appeal have been stayed. In other words those three permit conditions no longer apply. No annual reports need to be submitted.

The stay on those three permit conditions will remain in place unless DEQ appeals this decision to a higher court, or until the agency successfully pursues rulemaking on those conditions.
NCPC has inquired about what DEQ will do with any annual reports that may have already been submitted. We will provide you with that information once we have it.
If you have any additional questions, email angie@ncpork.org .
Final settlement finds no air concern
In a different matter, NC DEQ has concluded its work under the Title VI settlement. The Division of Air Quality (DAQ) conducted an air emissions study as part of the settlement.

The draft study was featured in the most recent NC Pork Report ( Truth of the Matter: Claims on air odor don't pass the smell test ). The final study did not have any material changes.

Its conclusion was that “Based on the analyses of these results relevant to the comparison values, the DAQ does not believe that they constitute a significant air quality issue in the study area for these pollutants; therefore DAQ does not intend to conduct additional air quality monitoring under the settlement agreement.”

Tools for Pork Producers to Manage the Impact of COVID-19
The National Pork Board has compiled  resources for producers  to help them manage the impact of COVID-19. These resources include information in English and Spanish on farm crisis operation planning, keeping people and pigs healthy, animal welfare and emergency depopulation.

Additional resources for pork producers are available at  pork.org/covid19 .
COVID-19 Resources
O ther helpful resources:
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