&EPA
United States
Environmental Protection
Agency
Animal Agriculture
Concentrated Animal
Feeding Operations -
Livestock Operations Inspection
g Center
Helping Agriculture Comply with
Environmental Requirements
FOCUS
O N
What To Expect When EPA Inspects
Your Livestock Operation
The U.S. Environmental Protection Agency inspects livestock facilities to make sure the operators
comply with federal environmental laws. Note, EPA may conduct inspections even in States that
are authorized to administer (including issuing permits) federal environmental laws. Poorly
managed livestock operations can pollute rivers, lakes, estuaries, and groundwater. Where
pollution occurs it is most often caused by runoff from feedlots, spills from lagoons, and problems
caused by incorrect land application of manure. This fact sheet explains what you can expect
during an EPA inspection. It tells you what a typical inspector will be looking for and what may
happen afterwards. Not all inspections are the same. Yours will depend on what kind of
operation you have and on EPA's reason for conducting the inspection.
The EPA inspector
The person who inspects your operation
on behalf of EPA will be an EPA
employee or a trained, capable
contractor hired by EPA to gather
information for the Agency. In either
case, he/she will show you identification
to confirm that the visit is authorized.
EPA is not required to, but may provide
advance notice that an inspection will
be conducted. In fact, unannounced
inspections allow the inspector to better
observe routine site conditions and
practices.
Purpose of the inspection
EPA conducts two primary types of
inspections of animal feeding operations
(AFOs):
• to help decide whether a facility
requires a permit because it qualifies
as a Concentrated Animal Feeding
Operation (CAFO)
• to determine whether a CAFO is
complying with federal
environmental laws including
federal permits.
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The EPA inspector's
goal is to gather
enough information to
determine if federal
environmental laws or
permit requirements
are being followed.
The inspector will
gather information to
help EPA judge
whether your operation
meets the qualifications
ofaCAFO,shouldbe
designated as a CAFO,
or is classified as an
AFO.
Is your facility an AFO or a
CAFO?
Generally, an operation is defined as an
AFO under federal regulations if:
• animals have been, are, or will be
stabled or confined and fed or
maintained for a total of 45 days or
more in any 12-month period, and
• crops, vegetation, forage growth, or
post-harvest residues are not
sustained in the normal growing
season over any portion of the lot or
facility.
The revised regulations, published
February 12, 2003, state that a large
CAFO is an AFO with at least:
• 700 mature dairy cows
• 1,000 beef cattle or heifers
• 2,500 swine (each 55 Ibs or more)
• 10,000 swine (each under 55 Ibs)
• 30,000 ducks (other than liquid
manure handling systems)
• 5,000 ducks (liquid manure
handling systems)
• 30,000 laying hens or broilers (liquid
manure handling systems)
• 125,000 chickens except laying hens
(other than liquid manure handling
systems)
• 82,000 laying hens (other than
liquid handling systems)
• 1,000 veal calves
• 500 horses
• 10,000 sheep or lambs
• 55, 000 turkeys
Your operation is a medium CAFO if:
• Pollutants are discharged into waters
of the United States through a man-
made ditch, flushing system, or other
similar man-made device; or
• Pollutants are discharged directly
into waters of the United States
which originate outside of and pass
over, across or through the facility or
otherwise come into direct contact
with the confined animals. (For
example, if your animals come into
contact with surface water running
through the area where they are
confined.)
And your operation has at least:
• 200 mature dairy cows
• 300 beef cattle or heifers
• 750 swine (each 55 Ibs or more)
• 3,000 swine (each under 55 Ibs)
• 10,000 ducks (other than liquid
manure handling systems)
• 1,500 ducks (liquid manure
handling systems)
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Animal Agriculture/Concentrated Animal Feeding Operations
Livestock Operation Inspection
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Animal Agriculture
Concentrated Animal Feeding
Operations
Livestock Operations Inspection
If you have any
questions about the
inspection or
enforcement process,
contact your
inspector or EPA
regional office.
• 9, 000 chickens (liquid manure
handling systems)
• 37,500 chickens except laying hens
(other than liquid manure handling
systems)
• 25, 000 laying hens (other than
liquid manure handling systems)
• 300 veal calves
• 150 horses
• 3,000 sheep or lambs
• 16,500 turkeys
EPA (or States/Tribes where authorized)
may also designate an operation as a
CAFO if the inspection determines that
the operation, regardless of its size, is a
significant source of pollution. This
determination considers a number of
factors including slope, vegetation, and
the proximity to surface waters.
Does your CAFO comply with
the law?
If your facility is a CAFO, you must
apply for a permit. A limited number of
large CAFOs may be able to avoid a
permit application if they can
demonstrate "no potential to discharge."
The term "no potential to discharge"
means that there is no potential for any
CAFO manure, litter, or wastewater to
be added to water of the United States
from an operation's production or land
application areas, without question.
For operations defined as CAFOs prior
to April 14, 2003, you should already
have a permit. If you do not have a
permit you should contact your
permitting authority and apply
immediately.
Operations defined as CAFOs as of
April 14, 2003 that were not defined as
CAFOs prior to that date should seek a
permit as specified by the permitting
authority but no later than April 13,
2006.
For newly constructed, or expanding
facilities, or for designated CAFOs,
consult your permitting authority for
applicable time frames.
During an EPA inspection of a permitted
CAFO, the inspector will check for
compliance with the requirements of the
permit. The inspector will examine
mainly your manure management
systems and any areas where manure is
applied to fields.
For all facilities, the inspector will make
sure that manure has been managed,
handled, and applied in accordance with
your permit requirements. These
requirements allow for overflows in some
cases and discharges from land
application areas where manure has
been applied in accordance with your
permit (see "For More Information"
below). For unpermitted CAFO
facilities, no discharges are allowed.
Animal Health Concerns
Inspectors know there is a potential that
they could pass animal diseases from one
feeding facility to another. To minimize
that risk, the inspector will follow
biosecurity procedures appropriate to
your facility. Before the inspector enters
the confinement area, let the inspector
know of any contagious disease your
animals have, any biosecurity procedures
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Animal Agriculture
Concentrated Animaf Feeding
Operations
Livestock Operations Inspection
you follow, and discuss with the
inspector any concerns you have about
the effect of the visit on the health of
your animals.
The inspection
Most inspectors begin an inspection by
writing down some basic information,
such as:
• weather conditions
• date
• facility name and address
• name of the owner/operator
• phone number.
You may be asked if you have a state or
federal permit and, if so, what it
includes. You may be asked if you have
filed a Notice of Intent to be covered
under a CAFO general permit (if
applicable).
Under the February 12, 2003
regulations, CAFO permits will require
the operation to meet certain conditions,
including implementing a nutrient
management plan, submitting annual
reports, and keeping records.
The inspector will invite you to
accompany him/her on the inspection. It
is a good idea for you to go with the
inspector, take notes, and ask questions.
The inspector will take notes and record
the latitude and longitude of your facility
so it can be plotted on a map. He/she
may also take photographs, video
recordings, and water samples.
To help determine whether your facility
is a CAFO or should be designated as a
CAFO, you may be asked for basic
facility information such as:
• type of operation
• kinds of animals
• number of animals
• the location of drains, irrigation
ditches, and waterways nearby.
To determine whether your facility has
had a discharge or if there are factors
present that could lead to future
discharges, you may be asked specific
questions including:
• Is any manure being discharged to
surface water, or is there any sign of
a recent discharge?
• How is manure handled? Is there too
much manure in the corrals, fields,
or along flush alleys? Is a discharge
likely because of the way the manure
is being handled?
• Do animals have direct access to
surface water, including irrigation
canals and drainage ditches?
• Are adequate records maintained?
• How is silage handled? Is runoff
controlled?
• How are dead animals handled?
• Is manure being land-applied? What
kind of crops? How often and when?
Is a discharge to surface waters likely
because of the way the manure is
being applied?
• Is there a lagoon? If so, is it made to
comply with any requirements that
apply? How much freeboard
(distance between the contents of
the lagoon and the top) is there? Is
the lagoon in good condition and
properly maintained? When was the
last time it was dredged?
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Animal Agriculture
Concentrated Animal Feeding
Operations
Livestock Operations Inspection
The EPA or contract
inspector generally will
not be able to tell you
whether violations
were found. These
decisions are made by
an EPA compliance
officer who reviews the
inspection report.
' Are there any pipelines or other
routes that allow manure to be
discharged to ditches, canals,
streams, or other waterways?
• How is storm water handled? Are
roof drains and gutters well
maintained? Is the clean storm
water diverted around the animal
containment areas and manure
piles? Are the corrals well graded?
• How many days of storage are
available in lagoons and other
wastewater containment structures?
Confidential information
During the inspection, you may be asked
to give business information that you do
not want the public to be able to get
from EPA's files. If so, you may make a
claim of confidentiality. For EPA to
uphold your claim, you will need to show
that the information, if made public,
would reveal trade secrets or should for
other reasons be considered confidential.
The confidential parts of the report can
be kept from public view. (Some
information is not eligible for
confidential treatment by law.)
Possible Actions
If you are found to have violations, there
is a range of possible actions EPA can
take depending on factors including the
number and seriousness of the
violations. Possible actions include:
• You may get a notice of violation. This
will inform you of violations and
direct you to correct them. If you
have trouble correcting a violation,
notify EPA right away.
• You may be issued an administrative
order with or without a proposed
administrative penalty. If an
administrative penalty is proposed,
you may contact the Agency and ask
for a settlement conference, to
which you may bring an attorney or
consultant.
• For more serious violations or a
history of violations, EPA may begin
a civil suit, asking a court to require
you to stop or correct the violation
and to impose a penalty.
• If EPA suspects that you have
willingly, knowingly, or negligently
violated federal law, it may conduct
a criminal investigation.
State permits
EPA has authorized most States to
administer the federal NPDES
permitting program. In addition, States
may have their own, non-federal permit
requirements or other legal requirements
for CAFOs. Your EPA regional contact
can help you find the appropriate state
contact.
Self disclosure of violations
Through its Audit Policy and Small
Business Compliance Incentives Policy,
EPA encourages you to voluntarily
disclose and correct violations. If you
meet policy conditions, you may be
eligible for penalty reductions and
waivers and other benefits. The Small
Business Policy is for companies with
100 or fewer employees. You may obtain
copies of these documents from the Ag
Center or on the internet at:
http://www.epa.gov/compliance/
incentives/smallbusiness/index.html
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Animal Agriculture
Concentrated Animal Feeding
Operations
Livestock Operations Inspection
Compliance assistance contacts
• EPA's Ag Center
The Ag Center has many free
compliance assistance resources,
including fact sheets on CAFO
regulations, the EPA/USDA animal
feeding operations strategy, Small
Business Incentives Policy, etc. You
can find Ag Center materials online
at http://www.epa.gov/agriculture
and acquire them toll-free at
1-888-663-2155.
• EPA Regional Offices
Region 1 (CT, MA, ME, NH, RI,
VT):
(617) 918-1111 or (888) 372-7341
Region 2 (NJ, NY, PR, VI):
(212) 637-3000
Region 3 (DE, DC, MD, PA, VA,
WV):
(215) 814-5000 or (800) 438-2474
Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN):
(404) 562-9900 or (800) 241-1754
Region 5 (IL, IN, MI, MN, OH,
WI):
(312) 353-2000 or (800) 621-8431
Region 6 (AR, LA, NM, OK, TX):
(214) 665-2200 or (800) 887-6063
Region? (IA.KS, MO,NE):
(913) 551-7000 or (800) 848-4568
Region 8 (CO, MT, ND, SD, UT,
WY):
(303) 312-6312 or (800) 227-8917
Region 9 (AZ, CA,HI,NV):
(415) 947-8021
Region 10 (AK, ID, OR, WA):
(206) 553-1200 or (800) 424-4372
Technical assistance contacts
• Natural Resources Conservation
Service (NRCS)
NRCS can provide help with
manure management. For listings of
offices near you, visit:
http://offices.usda.gov/ or
http://www.nrcs.usda.gov/
• Cooperative State Research,
Education, and Extension Service
(CSREES)
U.S. Department of Agriculture
Washington, D.C. 20250-0900
(202) 720-3029
http://www.reeusda.gov/
• National Association of State
Departments of Agriculture
(NASDA)
1156 15th Street, NW, Suite 1020
Washington, D.C. 20005
(202) 296-9680
http://www.nasda-hq.org/
• National Association of
Conservation Districts (NACD)
509 Capital Court, NE
Washington, D.C. 20002-4946
(202) 547-6223
http://www.nacdnet.org/
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Animal Agriculture
Concentrated Animal Feeding
Operations
Livestock Operations Inspection
The Ag Center
welcomes
comments on this
document and its
other services.
For more information
This fact sheet provides only a general
overview of how EPA inspects livestock
operations. To learn more about EPA or
state requirements and how they may
apply to you, read the federal and state
regulations or contact your EPA regional
office or state government.
EPA's publications, "Will My Operation
Be Regulated?" (EPA 833-F-02-006)
and "What Are the Federal Record-
Keeping and Reporting Requirements?"
(EPA-833-F-02-013) provide more
detail on how CAFOs are defined and
what is required of CAFOs.
To order these and other CAFO-related
publications, call the Ag Center's toll-
free number, 1-888-663-2155, or visit
the publications page at the Ag Center
web site: http://www.epa.gov/
agriculture/publications.html. All
publications are available by mail, and
some can be downloaded from the web
site. For a complete publications list,
request document 10001, "Ag Center
Publications."
If you are a small business, EPA's Office
of Enforcement and Compliance
Assurance offers a fact sheet on Small
Business Resources that can provide a
variety of compliance assistance tools to
assist you in complying with federal and
state environmental laws. This fact
sheet is available through the Ag
Center; please ask for document number
50017, "U.S. EPA Small Business
Resources."
National Agriculture Compliance
Assistance Center
901 N. 5* Street
Kansas City, KS 66 101
Toll-free:
Internet:
Fax:
1-888-663-2155
www.epa.gov/agriculture
913-551-7270
United States Environmental
Protection Agency
Washington, DC 20460
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA 305-F-03-009
May 2003
www.epa.gov
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