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MDE says CAFO general permit nearing finish after lapse left some farmers in limbo
Summary
Maryland Department of the Environment told the Environment and Transportation Committee it is fast-tracking an updated CAFO general permit after a lapse left some poultry operations unable to obtain new permits; MDE staff acknowledged delays, pledged fixes and described next steps including EPA review.
The Maryland Department of the Environment told the Environment and Transportation Committee on Jan. 28 that it is accelerating work on an updated Concentrated Animal Feeding Operations (CAFO) general permit after a lapse created uncertainty for farmers and lenders.
Madam Secretary, representing the Maryland Department of the Environment, said MDE is reviewing public feedback on a draft permit and has worked “door to door to help existing farmers” maintain coverage. “We hope that the permit is finalized sometime this summer,” she said.
Committee members described economic hardship tied to the lapse. Delegate Dahlgren Jacobs cited figures from industry contacts and said the chicken industry told him the interruption amounted to “$35,000,000 in lost economic activity.” The department did not verify that total during the hearing.
Rick Kessler, director of the Land and Materials Administration at MDE, described the department’s response: “We received something like 600 emails, comments from 5 different public meetings we did. The comment period closed on the second. We’ve been working overtime to respond to those comments. Soon as we do that, which should be this week or next, we will get, make decisions and send that permit back to EPA for review.”
Kessler and the secretary acknowledged that prior administrative extensions had been common and that changes in state law made it more difficult to extend coverage this time. Kessler said the change in law in 2019 reduced the department’s regulatory discretion and contributed to the current permitting problem.
MDE staff said they are also developing targeted notification lists for operators and local officials so that future significant noncompliance (SNC) notices go to parties who can act quickly. Jeremy Baker, MDE’s director of government relations, described work to compile operational contacts such as DPW staff and plant managers.
No formal vote or regulatory action occurred at the hearing. Committee members requested follow-up and more detail on the proposed permit timeline; MDE offered to meet individually with affected farmers and lenders to address specific cases.
The committee adjourned after scheduling follow-ups and additional briefings.
