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Producers' Compliance
Guide for CAFOs
Revised Clean Water Act Regulations for Concentrated Animal
Feeding Operations (CAFOs)
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This document is only a guide to help you determine whether you might be regulated under the
revised regulations for Concentrated Animal Feeding Operations (CAFOs) and, if you are, what you
might be required to do. This guide gives a general description of the federal CAFO regulations and
therefore it does not necessarily contain the full set of detailed requirements in those regulations.
It is very important to read the federal regulations and any state regulations for CAFOs and check
with the agency that regulates CAFOs in your state to find out whether you need a permit and
what your other legal requirements might be. If you do need a permit for your operation, you must
carefully read the requirements in your permit and work with your permitting authority to find out
exactly how to comply. Meeting the requirements described in this guide is not enough to ensure
that you are in compliance with all the legal requirements that apply to your operation.
Recycled/Recyclable
Printed with vegetable-based ink on paper that
contains a minimum of 50% post-consumer fiber
content processed chlorine-free.
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EPA821-R-03-010
November 2003
Producers' Compliance Guide for CAFOs
Revised Clean Water Act Regulations for
Concentrated Animal Feeding Operations (CAFOs)
Office of Water
Office of Wastewater Management
U.S. Environmental Protection Agency
NOTICE
Small Entity Compliance Guides are prepared pursuant to section 212 of the Small Business Regulatory En-
forcement Fairness Act of 1996 (SBREFA), Public Law 104-121. The statements in this document are intended
solely as guidance to aid EPA, the States, and the public in applying the associated regulations. In any civil
or administrative action against a small business, small government or small non-profit organization for a
violation of the regulations, the court or administrative agency may consider the contents of this Small Entity
Compliance Guide when determining what type of fine or penalty, if any, is reasonable and appropriate.
This document is not a substitute for applicable legal requirements, nor is it a regulation itself. Thus, it does
not impose legally binding requirements on any party, including EPA, States, or the regulated community.
In particular, the use of the term "should" in this document is not intended to be legally binding. This guide
may not apply in a particular situation based upon the circumstances, and EPA retains the discretion to adopt
approaches on a case-by-case basis that differ from this guide where appropriate. Any decisions regarding a
particular facility will be made based on the statute and regulations. Therefore, interested parties are free to
raise questions and objections about the substance of this guide and the appropriateness of its application
to a particular situation. EPA will, and States should, consider whether the recommendations or interpreta-
tions in this guide are appropriate in that situation. EPA may decide to revise this guide without public notice
to reflect changes in EPA's approach to implementing the regulations or to clarify and update text. To deter-
mine whether EPA has revised this guide, contact EPA's Small Business Ombudsman Office or EPA's Office of
Water.
In some places throughout the guide, EPA suggests alternative approaches that might make compliance
easier and maybe even reduce costs. Because many of the decisions you must make to comply will depend
on the specific conditions at your operation, you might need additional information. EPA encourages you to
contact your permitting authority, local conservation district, NRCS office, Cooperative Extension Service,
and/or other qualified professionals for advice.
Small Business Ombudsman
Karen V. Brown
1200 Pennsylvania Avenue, NW (1808T)
Washington, DC 20460
Hotline: 800-368-5888
Phone: 202-566-2816
Fax: 202-566-2848
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (4101M)
Washington, DC 20460
e-mail: OW-GENERAL@epa.gov
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Contents
1. Introduction 1
Who should use this guide? 1
Who is in charge of the CAFO permitting program where I liveEPA or the state? 1
What does this guide cover? 1
How should I use this guide? 1
How can I get a copy of the federal regulations? 2
2. What are the CAFO regulations? 3
What is the NPDES Program? 3
What are the Effluent Limitations Guidelines forCAFOs? 4
Why are these regulations important? 5
Do other laws regulate CAFOs? 5
3. Do these regulations affect me? 7
What animal feeding operations do the regulations cover? 7
WhatisanAFO? 7
What is a CAFO? 8
Which AFOs are defined as CAFOs? 8
Large CAFOs 8
Medium CAFOs 8
Which AFOs may be designated as CAFOs? 9
Medium CAFOs 9
Small CAFOs 9
What are the CAFO thresholds for specific animal sectors? 10
Cattle (other than mature dairy cows) 10
Mature dairy cows 11
Swine (55 pounds or more) 11
Swine (less than 55 pounds) 12
Horses 12
Sheep or lambs 13
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs iN
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Contents
Turkeys 13
Chickens (operations with a liquid manure handling system) 14
Laying hens (operations with other than a liquid manure handling system) 14
Chickens other than laying hens (operations with other than a liquid
manure handling system) 15
Ducks (operations with a liquid manure handling system) 16
Ducks (operations with other than a liquid manure handling system) 17
Are any other kinds of operations considered to be CAFOs? 17
Are there any CAFOs that do not need a permit? 17
How can I get a "no potential to discharge" determination? 18
What happens after I get a "no potential to discharge" determination? 18
How can I avoid being covered by these regulations? 18
What parts of my CAFO are regulated? 19
4. How do I apply for a permit? 21
What is an NPDES general permit? 21
What is an NPDES individual permit? 21
What information do I have to include in my NOI or permit application? 21
When do I have to get an NPDES permit? 22
Existing CAFOs 22
Newly denned CAFOs 23
New dischargers 23
New sources 24
Designated CAFOs 24
When will my NPDES permit expire? 24
How long should I keep my NPDES permit? 25
5. What requirements will my NPDES permit contain? 27
What effluent limitations will be included in my NPDES permit? 27
Effluent limitations for Medium and Small CAFOs 27
Effluent limitations for Large CAFOs 28
Production area requirements for existing CAFOs 28
Is a discharge from the production area ever allowed? 28
Production area requirements for new sources 29
Additional production area requirements for Large beef cattle, dairy cattle,
veal calves, swine, turkey, and chicken CAFOs 31
Land application area requirements 32
iv PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Contents
What are special conditions? 33
What special conditions will be included in my NPDES CAFO permit? 33
First special condition for all CAFOs: Develop and implement a nutrient
management plan 33
What minimum elements must my nutrient management plan address? 34
Are there any other requirements for a nutrient management plan? 35
When do I have to do a nutrient management plan? 35
If I already have a nutrient management plan, do I have to do a new one? 35
How often should I update my nutrient management plan? 36
Who can write my nutrient management plan? 36
Second special condition for all CAFOs: Duty to maintain permit coverage 36
Additional special condition for Large CAFOs: Transfer of manure, litter, and
process wastewater to other persons 36
What other special conditions might be in my NPDES permit? 37
What are the standard conditions of all NPDES permits? 37
What records do I have to keep? 37
What are the record-keeping requirements for all CAFOs? 37
What are the additional record-keeping requirements for Large CAFOs? 37
What are the additional record-keeping requirements for Large beef, dairy,
veal calf, swine, and poultry CAFOs? 38
What do I have to report to the permitting authority? 38
What do I have to include in my annual report? 38
What else do I have to report? 39
6. What is the compliance assurance process? 41
Where can I get help? 41
How do I minimize harm if I think I'm out of compliance? 42
How will EPA know my operation is complying with
environmental requirements? 42
What will an inspector look at? 43
If I find a violation, how can I work with EPA to correct it? 43
If EPA finds a violation, how might it respond? 44
Glossary 45
Appendix: CAFO Permitting Authorities and Contact Information
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs V
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Contents
vi PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Introduction
On February 12, 2003, the United States
Environmental Protection Agency (EPA) published
revisions to its Clean Water Act regulations for
concentrated animal feeding operations (CAFOs).
EPA has produced this document to help owners
and operators of CAFOs understand and comply
with the revised regulations.
This document is EPA's official compliance guide
for small entities, and it meets the requirements
of the Small Business Regulatory Enforcement
Fairness Act of 1996. EPA is continually improving its
rules, policies, compliance programs, and outreach
efforts, so some of the information in this guide
might have changed since it was published. You can
find out whether EPA has updated or supplemented
this guide by checking EPA's Web site at
http://www.epa.gov/npdes/cafo/producersguide.
Although this guide fulfills the requirement to
publish a guidance for small entities (as defined
by the Small Business Administration), the guide
applies to all sizes of CAFOs.
Who should use this guide?
You should use this guide if you own or operate
a CAFO. It will help you understand the February
2003 revised CAFO regulations. An owner or
operator of an animal feeding operation (AFO)
can also use the guide to determine whether the
operation is a CAFO. See chapter 3 of this guide
("Do these regulations affect me?") for more
information about which operations are covered.
Who is in charge of the CAFO permitting
program where I liveEPA or the state?
EPA may approve states to run their own
regulatory and permitting programs for CAFOs.
If EPA has approved your state, the state is the
permitting authority and will issue a permit for your
CAFO. EPA has approved most states to run the
CAFO program. Alaska, Idaho, Massachusetts, New
Hampshire, New Mexico, and Oklahoma are states
that EPA has not approved to run the permitting
program for CAFOs. In those states, Tribal lands,
and in all territories except the Virgin Islands, EPA
is the permitting authority and will issue permits for
CAFOs.
You can find contact information for your
permitting authority in the appendix to this guide
or on the Internet at http://www.epa.gov/npdes/
afo/statecontacts. Also see "Do other laws regulate
CAFOs?" on page 5 of this guide. It describes how
your state, county, or town might have additional
legal requirements that apply to you and that go
beyond the requirements described in this guide.
What does this guide cover?
The rest of this guide describes EPA's regulations
for CAFOs. These regulations govern whether your
operation is a CAFO, whether you need a permit for
your operation, how to apply for a permit, and what
the permit will require. State permitting authorities
use EPA's regulations as a starting point but often
add their own requirements in National Pollutant
Discharge Elimination System (NPDES) permits. You
should always check with your permitting authority
to see what the requirements are in your state
and to find out exactly what you have to do. The
appendix to this guide contains information on how
to contact your permitting authority.
How should I use this guide?
You can use this guide
to figure out whether
your AFO is covered and
what you might have to
do. Read chapter 2 of
the guide ("What are the
CAFO regulations?") for
basic information on the
NPDES permitting program
and Effluent Limitations
Guidelines (ELGs) for CAFOs.
Always check with
your permitting
authority to find out
exactly what your
requirements will be.
Your state might have
more requirements
or more specific
requirements than the
EPA CAFO regulations.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 1
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1 Introduction
Then read chapter 3 ("Do these regulations affect
me?") to see whether your operation is covered
under the revised regulations. If your operation is
regulated, you should read chapters 4 ("How do I
apply for a permit?") and 5 ("What requirements
will my NPDES permit contain?") to learn how
to comply. Chapter 6 ("What is the compliance
assurance process?") provides information on the
assistance available to help you comply with the
regulations and what might happen if you don't
comply.
Throughout this guide, you'll find boxes that
contain important notes, examples, and definitions
of italicized terms in the text. At the end of the
guide, you'll find a glossary that defines some of the
terms used in the guide.
Some chapters have references to the Federal Register
(FR) notice of the final regulations. You can use these
references to find the language in the final regulations
or the preamble to the final regulations that corresponds
with these portions of the guide. (See "How can I get
a copy of the federal regulations?" on this page.) The
references show section numbers for the corresponding
language in the preamble and regulations. The numbers
in brackets are the page numbers where the sections
can be found in volume 68 of the Federal Register, where
the regulations are published. For example,
"f^ Preamble: Section LA [68 FR 7179]" means that
you should look for section LA of the preamble, which
can be found on page 7179 of volume 68 of the Federal
Register.
How can I get a copy of the federal
regulations?
The federal regulations described in this
guide are the NPDES Permit Regulation and
Effluent Limitations Guidelines and Standards for
Concentrated
Animal Feeding
Operations (40
CFR Parts 122 and
412) [68 FR 7176].
(See Chapter 2,
"What are the
CAFO regulations?"
beginning on page
3 of this guide for
an explanation of
the NPDES and
ELG regulations.)
Order the federal CAFO
regulations from EPA's National
Service Center for Environmental
Publications
by phone: 1-800-490-9198
by fax: (513) 489-8695
by e-mail: ncepimal@one.net
by mail: U.S. EPA/NSCEP
P.O. Box 42419
Cincinnati, Ohio
45242-0419
Ask for document 821-03-001.
If you have trouble understanding any of the
information in this guide, ask your permitting
authority for help.
You can view or
download the text
of the regulations as they appear in the Federal
Register on EPA's Web site at http://www.epa.gov/
npdes/caforule. You can also request a copy of the
regulations from EPA's National Service Center for
Environmental Publications.
Your state might have other regulations that
apply to you.
Contact your
permitting
authority to find
out how to get
a copy of your
state's CAFO
regulations.
"CFR" is an abbreviation for the Code
of Federal Regulations, in which
federal laws are published. Title 40
of the CFR contains laws concerning
protection of the environment. You
can access the CFR on the Internet
at http://www.gpoaccess.gov/cfr/
index.html.
In this guide EPA has tried to explain the regulatory language in clear, simple terms. Some of the explanations in this guide
are general in nature and might not contain all the details that are in the regulations. Contact your permitting authority
for more information on the specific regulations that apply to you. You can find contact information for your permitting
authority in the appendix to this guide or on the Internet at http://www.epa.gov/npdes/afo/statecontacts.
2 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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What Are the CAFO Regulations?
This guide covers the requirements in the
February 2003 revised federal regulations for
concentrated animal feeding operations (CAFOs).
The regulations are
The National Pollutant Discharge Elimination
System (NPDES) Permit Regulation for CAFOs
(40 CFR Part 122).
The Effluent Limitations Guidelines and Standards
(ELGs) for CAFOs (40 CFR Part 412).
EPA issues, enforces, and occasionally updates
its regulations. Both of the regulations above have
requirements for CAFOs, so EPA revised them at the
same time to make sure that their requirements are
consistent.
\% Preamble: Section LA [68 FR 7179]
What is the NPDES Program?
The NPDES Program was created under the
federal Clean Water Act to protect and improve
water quality by regulating
point source dischargers.
Point source dischargers are
operations that discharge
pollutants from discrete
conveyances directly into
waters of the United States.
Point source dischargers are
regulated by NPDES permits.
An NPDES permit
Identifies wastewater
discharges to surface
waters from the point
source facility.
Sets requirements
designed to protect water
quality (such as discharge
limits, management
practices, and record-
keeping requirements)
GLOSSARY
A discharge, in
general, is the flow of
treated or untreated
wastewater from a
facility to surface
water.
GLOSSARY
The term pollutant
includes a wide variety
of materials that might
contaminate waters
of the U.S. Pollutants
from CAFOs might
include nutrients,
suspended solids,
oxygen-demanding
substances, or
pathogens.
that the discharger must
meet.
Allows an operation to
discharge pollutants as
long as the operation
meets the requirements in
the permit.
If a facility discharges
pollutants without having
a permit, or has a permit
but does not meet the requirements, it is violating
the Clean Water Act. Its owner or operator could be
subject to enforcement.
GLOSSARY
A discrete
conveyance, in
general, is any single,
identifiable way for
pollutants to be
carried or transferred
to waters, such as a
pipe, ditch, or channel.
A pipe or ditch that carries wastewater to a stream is a
discrete conveyance.
GLOSSARY
Where this guide says surface waters, it means "waters of
the United States."
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 3
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2 What Are the CAFO Regulations?
GLOSSARY
Many different types of surface waters are considered waters of
the United States.
Under the Clean Water Act, CAFOs are defined
as point source dischargers. The revised NPDES
CAFO regulation requires all CAFOs to apply for a
permit. So if you own or operate a CAFO, you must
apply for and comply
with the conditions in
an NPDES permit. If the
owner and operator
are different people,
only one of them needs
to apply for a permit.
The NPDES regulation
describes which
operations qualify as
CAFOs and sets the
basic requirements that
will be included in all
CAFOs' permits.
Different kinds of CAFOs have different
deadlines for when their operators must apply for
NPDES permits. See "When do I have to get an
NPDES permit?" on page 22 of this guide for more
detail on permit application deadlines.
Every CAFO has a duty to
apply for a permit. Owners
or operators of CAFOs that
do not discharge must still
contact their permitting
authority and provide
certain information
to avoid permitting
requirements. (See "Are
there any CAFOs that do
not need a permit?" on
page 17 of this guide.)
What is a permitting authority? The agency responsible
for issuing NPDES permits in a state is called the
permitting authority. (See "Who is in charge of the CAFO
permitting program where I liveEPA or the state?" on
page 1 of this guide.)
The term waters of the United States is defined at 40 CFR
122.2. Where this guide says "surface waters," it means
"waters of the United States," which include, but are not
limited to
/Waters used for interstate or foreign commerce (for
example, the Mississippi River or the Gulf of Mexico).
/All interstate waters, including wetlands (any river,
stream, lake, or other water body that crosses state
borders).
/Waters used for recreation by interstate or foreign
travelers (for example, a lake in one state that attracts
fishermen from neighboring states).
/Waters from which fish or shellfish are taken to be sold
in other states or countries.
/Waters used for industrial purposes by industries
involved in interstate commerce.
/Tributaries and impoundments or dams of any waters
described above.
/Territorial seas.
/Wetlands adjacent to any waters described above.
"Waters of the United States" does not include
X Ponds or lagoons designed and constructed specifically
for waste treatment systems.
X Wetlands that were converted to cropland before
December 23, 1985.
These are only examples of the kinds of waters that are
considered waters of the United States. See the complete
regulatory definition in the glossary in this guide to see
what other kinds of waters may also be considered waters
of the United States.
What are the Effluent Limitations Guidelines
for CAFOs?
For CAFOs and certain other industries, EPA has
preset some of the minimum requirements that
go into each permit in regulations called "effluent
limitations guidelines" (ELGs). When the permitting
authority issues a permit for your CAFO, it does not
set your permit requirements on its own. Instead,
it places the requirements of the ELGs directly into
your permit. These requirements may consist of
both limits on the amount of a pollutant that can
be discharged (numerical limits called "discharge
limits") and other ELG requirements (management
practices and record-keeping requirements). Your
state permitting authority may also set additional
requirements that are needed to protect water
quality or other requirements that apply under state
or local law.
4 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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2 What Are the CAFO Regulations?
The ELGs for CAFOs include both discharge
limits and certain management practice
requirements. Note, however, that for most animal
types, the ELGs for CAFOs apply only to Large
CAFOs.1 Permitting authorities will set effluent
limitations for Medium and Small CAFOs on a case-
by-case basis depending on the specific situation
at the CAFO and based on the best professional
judgment (BPJ) of the permitting authority. In many
cases, those requirements may be similar to the
requirements for Large CAFOs.
Why are these regulations important?
EPA has revised these regulations to reflect
changes in the animal production industry since
the original regulations were passed in the 1970s.
Out of 257,000 AFOs in the United States today,
about 15,500 are CAFOs. These operations generate
manure, litter, and process wastewater that can
contain pollutants like nitrogen, phosphorus, metals,
and bacteria. If CAFO operators don't manage these
materials properly, they could release pollutants into
the environment through spills, overflows, or runoff.
These releases, in turn, might pollute surface waters
and threaten the health of people and animals. On
the other hand, when operators manage manure,
GLOSSARY
Process wastewater is water used directly or indirectly in
the operation of an AFO for any or all of the following:
Spillage or overflow from animal or poultry watering
systems.
Washing, cleaning, or flushing pens, barns, manure pits,
or other facilities.
Direct contact swimming, washing, or spray cooling of
animals.
Dust control.
Process wastewater also includes any water that comes
into contact with any raw materials, products, or by-
products including manure, litter, feed, milk, eggs, and
bedding.
litter, and process wastewater properly, they
help to prevent water pollution and its negative
impacts. The CAFO regulations were revised to
reflect current practices in the industry and to set
basic standards for CAFO operators to properly
manage the manure, litter, and process wastewater
generated at their operations.
The revised regulations focus on the CAFOs that
pose the greatest risk to water quality. By regulating
mainly Large CAFOs and some smaller CAFOs that
pose a high risk to water quality, EPA is regulating
close to 60 percent of all manure generated by
operations that confine animals.
^ Preamble: Sections I.B and C [68 FR 7179 and 7180]
Do other laws regulate CAFOs?
Although this guide explains what you have to
do to comply with the federal CAFO regulations,
your state, county, or town might have more
requirements or more specific requirements
designed to address particular circumstances. Your
permitting authority can set additional requirements
in your permit if it finds them necessary. State
regulations must include the federal requirements,
but they can also be broader, stricter, or more
specific. To learn about the regulations in your state,
contact your permitting authority. (The appendix to
this guide contains a list of permitting authorities.)
Your NPDES permit might include other federal
requirements that apply to point source dischargers
(for example, requirements under the Endangered
Species Act, the National Historic Preservation
Act, and the Total Maximum Daily Load (TMDL)
program). CAFOs might also be subject to other
federal requirements under, for example, the
Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) or the Spill Prevention, Containment,
and Countermeasure (SPCC) regulations. Work
with your permitting authority to make sure you are
complying with all requirements that apply to your
operation.
m Preamble: Sections IX and X [68 FR 7250 and 7252]
1 For Duck CAFOs, the ELGs apply to all operations with 5,000 or more ducks, whether they are Large, Medium, or Small CAFOs. (See "Effluent limitations for Large CAFOs" on
page 28 of this guide.)
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 5
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2 What Are the CAFO Regulations?
6 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Do These Regulations Affect Me?
These regulations apply to owners and operators
of animal feeding operations (AFOs) that are
CAFOs because they meet certain conditions. If
your animal operation meets those conditions,
it is regulated and you must apply for an NPDES
permit. The following sections describe the animal
operations that are regulated to help you to figure
out whether your operation is covered.
What animal feeding operations do the
regulations cover?
All concentrated animal feeding operations, or
CAFOs, are covered by these regulations. A CAFO
is a specific kind of AFO. The regulations describe
which AFOs are considered CAFOs. To be regulated
as a CAFO, your operation must first meet the
regulatory definition of an AFO.
GLOSSARY
40 CFR 122.23 (b)(l) defines animal feeding operation
(AFO) as a lot or facility (other than an aquatic animal
production facility) where the following conditions are
met: (1) animals (other than aquatic 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 (2) crops, vegetation, forage growth, or post-harvest
residues are not sustained in the normal growing season
over any portion of the lot or facility.
Your animal operation is affected by these regulations if it
meets the regulatory definition of an AFO and
It meets the regulatory definition of a CAFO or
It has been designated as a CAFO by the state or EPA.
What is an AFO?
An AFO is an animal feeding operation that
meets both of these conditions:
1. The animals are confined for at least 45 days
during any 12-month period.
The 45 days of confinement do not have to be 45
days in a row, and the 12-month period can be
any consecutive 12 months.
2. Crops, forage growth, and other vegetation are
not grown in the area where the animals are
confined.
This does not mean that any vegetation at all in
a confinement area would keep an operation
from being defined as an AFO. For example, a
confinement area like a pen or feedlot that has
only "incidental vegetation" (as defined by your
permitting authority) would still be an AFO as
long as the animals are confined for at least 45
days in any 12-month period.
Hog confinement facility.
Confined cattle feeding operation.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 7
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3 Do These Regulations Affect Me?
Pasture and rangeland operations are not
AFOs because the animals are not confined or
concentrated in an area where manure builds up.
However, a pasture or grazing-based operation
might also have additional areas such as feedlots,
barns, or pens that meet the conditions described
above to be defined as an AFO.
Winter feedlots can still be AFOs even if the
feedlot area is used to grow crops or forage when
animals are not confined there. In the case of
winter feedlots, the "no vegetation" condition
applies to the time when the animals are
confined there.
The AFO definition is not limited to the animal
types discussed in the regulations. An operation that
confines any type of animal and meets both of the
conditions in the definition is an AFO. In addition to
confinement areas at animal production facilities,
confinement areas at auction houses, sale barns,
livestock marketing areas, horse show arenas, and
stable areas of racetracks can be considered AFOs if
they meet both of the conditions in the definition.
\% Regulation: 40 CFR 122.23(b)(l) [68 FR 7265]
Preamble: IV.A.l [68 FR 7188]
If you confine an animal for any portion of a day, you
should count the animal as being confined for that day.
For example, a facility maintains a herd of beef cattle on
pasture. This facility also includes a hospital area where
cattle are confined for medication. Cattle are confined
in the hospital area 5 days each month for medication.
The cattle are confined for a total of 2 hours each time
they are medicated. These cattle are counted as being
confined for 60 days each year (5 days/month * 12
months) even though they are not confined for a full day.
What is a CAFO?
For a facility to be a CAFO, it must first meet the
regulatory definition of an AFO (see "What is an
AFO?" on page 7 of this guide). A CAFO is an AFO
that has certain characteristics. There are two ways
for an AFO to be considered a CAFO:
An AFO may be defined as a CAFO or
An AFO may be designated a CAFO.
\% Regulation: 40 CFR 122.23(b)(2), (4), (6), and (9) [68 FR
7265 and 7266]
Preamble: IV.A.2 [68 FR 7189]
Which AFOs are defined as CAFOs?
An AFO can be defined as a CAFO if it has a
certain number of animals and it meets the other
criteria contained in the regulations. The regulations
set thresholds for size categories based on the
number of animals confined at the operation for
a total of 45 days or more in any 12-month period.
Tables provided later in this chapter show the
thresholds for Large, Medium, and Small CAFOs for
different kinds of animals.
Large CAFOs
An operation is defined as a Large CAFO if it
Meets the regulatory definition of an AFO and
Meets the Large CAFO threshold for that animal
type.
Medium CAFOs
An operation is defined as a Medium CAFO if it
Meets the regulatory definition of an AFO;
Meets the Medium CAFO thresholds for that
animal type; and
Meets at least one of the following two criteria
(called "discharge criteria"):
- A man-made ditch, pipe, or similar device
carries manure or process wastewater from the
operation to surface water or
- The animals come into contact with surface
water that runs through the area where they're
confined.
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The discharge criteria apply to only the parts
of the operation where you confine animals, store
manure or raw materials, and contain waste. For
example, if you dig a ditch or install a pipe that
drains water from your confinement area into a
stream or lake, your operation would meet the first
discharge criterion. Open tile drains in the areas
where animals are confined, wastes are collected
and stored, or raw materials are kept also meet the
first criterion if the tile drains carry pollutants from
these areas to surface water. Your operation meets
the second discharge criterion if a stream runs
through the confinement area and the animals have
direct access to the stream.
If you own two or more AFOs that
Are next to each other or
Use a common waste disposal area or system,
you should count all the animals at all the operations
together to determine whether your operations fall within
the thresholds for the CAFO size categories. If both of
your operations use a common waste disposal area or
system, they are counted as one even if they're not next
to each other. (Two operations under common ownership
are considered to have a common waste disposal system
if the manure, litter, or process wastewaterfrom the two
operations is mixed before disposal or land application or
if the manure, litter, or process wastewaterfrom the two
operations is applied to the same land application area.
Common waste disposal systems also include any other
type of system where the wastes from two operations are
commingled for handling or disposal.)
Also, if an operation is entirely located on one site but
ownership of the operation is split between two or more
people, you should still count all the animals at that
operation to know if it falls within the thresholds for the
CAFO size categories.
Which AFOs may be designated as CAFOs?
The second way for an AFO to be a CAFO is to
be designated as a CAFO. If an AFO doesn't meet
the definition of a Large or Medium CAFO but
the permitting authority finds it to be a significant
contributor of pollutants to surface waters, the
permitting authority may designate that operation
as a CAFO. To designate an AFO as a CAFO, the
permitting authority must inspect the AFO and must
find that the operation is a significant contributor of
pollutants to surface waters.
Medium CAFOs
AFOs that fall
within the size
thresholds for
Medium CAFOs but
don't meet either of
the two discharge
criteria may be
designated as CAFOs
by the permitting
authority.
An AFO might not meet the
definition of a CAFO if
It doesn't confine enough
animals.
It doesn't meet the
discharge criteria (for
Medium CAFOs).
It confines a type of
animal not included in the
Large and Medium CAFO
definitions.
Small CAFOs
AFOs that don't confine enough animals to meet
the Medium CAFO size threshold may be CAFOs
only by designation. The permitting authority may
designate a small AFO as a Small CAFO only if
the AFO is a significant contributor of pollutants
to surface waters and it meets at least one of two
discharge criteria:
A man-made ditch, pipe, or similar device carries
manure or process wastewater from the operation
to surface water or
The animals come into contact with surface
water that runs through the area where they're
confined.
EPA and the United States Department of
Agriculture (USDA) promote efforts by states to
use approaches other than NPDES permitting to
help medium and small AFOs to avoid having
conditions that would result in those facilities' being
defined or designated as CAFOs. For example,
the voluntary development and implementation
Runoff from this livestock yard could enter a nearby stream and
degrade the water quality. Such conditions might be the basis for
designating an AFO as a Small CAFO.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 9
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3 Do These Regulations Affect Me?
of a Comprehensive Nutrient Management Plan
(CNMP) prepared in accordance with the CNMP
Technical Guidance issued by USDA's Natural
Resources Conservation Service (NRCS) should,
in most instances, meet the minimum standard
requirements of an NPDES permit.
\% Regulation: 40 CFR 122.23(c) [68 FR 7266]
Preamble: Sections IV.A.7 and 8 [68 FR 7198 and 7199]
What are the CAFO thresholds for specific animal
sectors?
EPA has set
thresholds for
operations that
confine different
kinds of animals.
The thresholds
are used with
discharge criteria
to determine
which AFOs
are defined as
Large or Medium
CAFOs and
which should be
designated as
Medium or Small
CAFOs. Tables 1
through 12 show these thresholds.
Cattle (other than mature dairy cows)
The thresholds in the regulations
are for the actual number of
animals confined not the number
of animals that could be confined.
For example, if you raise cattle at a
feedlot and you have the capacity
to raise as many as 1,500 head at
one time, but you never have more
than 1,100 head at any one time,
your operation confines 1,100
head. If you have 3 chicken houses,
confine 25,000 chickens in each
house, and produce 6 flocks of
chickens each year, your operation
still confines only 75,000 chickens
at one time, even though you might
produce half a million chickens
each year.
If you confine more than one kind of animal at your
operation, you should count each kind of animal
separately. If you confine enough of any one kind of
animal to meet the threshold for that animal sector (and
your operation meets any other qualifying conditions),
your operation is covered by the CAFO regulations. In
this case, your permit will apply to the manure, litter,
and process wastewater generated from all the animals
confined at your operation, not just the sector that meets
the size threshold. For example, if an AFO confines 800
beef cattle, 1,000 sows, and 150,000 broilers, the AFO is
a Large CAFO because it meets the Large CAFO threshold
for chicken operations. In this case, the permit applies to
all manure, litter, and process wastewater produced by
the confined broilers, sows, and beef cattle. The permit,
however, would not apply to any animals pastured at this
operation.
Table 1. Cattle (other than mature dairy cows): size category
thresholds
An AFO that has...
at least 1,000 cattle, dairy
heifers, cow/calf pairs, or veal
calves
from 300 to 999 cattle, dairy
heifers, cow/calf pairs, or veal
calves and meets one of the
medium category discharge
criteria
from 300 to 999 cattle, dairy
heifers, cow/calf pairs, or veal
calves and has been designated
by the permitting authority
fewer than 300 cattle, dairy
heifers, cow/calf pairs, or veal
calves and has been designated
by the permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 1 apply to operations
that confine any kind of cattle other than mature
dairy cows, including heifers, steers, bulls, and
cow/calf pairs. For example, these thresholds
apply to beef cattle operations such as feedlots
and backgrounding yards, veal calf operations, and
contract dairy heifer operations. Except for
cow/calf pairs, each animal is counted as one
animal, regardless of its age or weight. In the case
of cow/calf pairs, the pair is counted as one animal
until the calf is weaned. After the calf is weaned,
the cow and calf count as individual animals.
Regulation: 40 CFR 122.23(b)(4), (6), and (9) [68 FR
7265 and 7266]
Preamble: IV.A.3 [68 FR 7190]
Example: An 850-head beef feedlot that also confines
an additional 100 cow/calf pairs where the calves have
not been weaned has 950 cattle other than mature dairy
cows. This is not a Large CAFO. However, an 850-head
beef feedlot that also confines an additional 100 cows
and 100 weaned calves has 1,050 animals. This is a
Large CAFO.
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Mature dairy cows
Swine (55 pounds or more)
Table 2. Mature dairy cows: size category thresholds
An AFO that has ... is a ... by ...
at least 700 mature dairy cows
from 200 to 699 mature dairy
cows and meets one of the
medium category discharge
criteria
from 200 to 699 mature dairy
cows and has been designated by
the permitting authority
fewer than 200 mature dairy cows
and has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 2 apply to operations
that confine mature dairy cows. Mature dairy cows
include both milked and "dry" cows. Thresholds
for AFOs that house any other kind of cattle,
including heifers and veal calves, are shown in
Table 1 ("Cattle (other than mature dairy cows):
size category thresholds").
Table 3. Swine (55 pounds or more): size category thresholds
An AFO that has is a by
at least 2,500 swine weighing
55 pounds or more
from 750 to 2,499 swine weighing
55 pounds or more and meets
one of the medium category
discharge criteria
from 750 to 2,499 swine weighing
55 pounds or more and has been
designated by the permitting
authority
fewer than 750 swine weighing
55 pounds or more and has been
designated by the permitting
authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 3 apply to operations
that confine swine that weigh at least 55 pounds.
These operations include farrow-finish operations,
wean-finish operations, farrowing operations,
breeding operations, grow-finish operations, and
other specialized AFOs that confine mature swine.
AFOs that house immature swine (less than 55
pounds) might also be subject to the thresholds
shown in Table 4 ("Swine (less than 55 pounds):
size category thresholds").
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 11
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3 Do These Regulations Affect Me?
Swine (less than 55 pounds)
Horses
Table 4. Swine (less than 55 pounds): size category thresholds
An AFO that has ... is a ... by ...
at least 10,000 swine weighing
less than 55 pounds
from 3,000 to 9,999 swine
weighing less than 55 pounds
and meets one of the medium
category discharge criteria
from 3,000 to 9,999 swine
weighing less than 55 pounds
and has been designated by the
permitting authority
fewer than 3,000 swine weighing
less than 55 pounds and has
been designated by the permitting
authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
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The thresholds in Table 4 apply to operations
that confine swine that weigh less than 55 pounds.
These thresholds typically apply to swine nurseries,
but they may also apply to other facilities that
confine swine of all sizes but primarily confine
large numbers of immature swine. For example,
an operation with 1,000 sows, 50 boars, and 14,000
newborn pigs is a Large CAFO.
Remember that AFOs that house "mature"
swine (55 pounds or more) are already subject to
the thresholds in the sector "Swine (55 pounds or
more)" (Table 3). So a swine operation could be
defined as a CAFO because of the number of swine
weighing 55 pounds or more, the number of swine
weighing less than 55 pounds, or both.
What if I confine some swine that weigh more than 55
pounds and some that weigh less than 55 pounds?
Assuming that your operation is already an AFO, the next
step is to count the number of each type of animal on
your operation. Does your operation confine more than
2,500 swine each weighing 55 pounds or more? Does your
operation confine more than 10,000 swine each weighing
less than 55 pounds? If the answer to either or both
questions is yes, your AFO is defined as a Large CAFO.
Table 5. Horses: size category thresholds
An AFO that has is a by
at least 500 horses
from 150 to 499 horses and
meets one of the medium
category discharge criteria
from 150 to 499 horses and has
been designated by the permitting
authority
fewer than 150 horses and has
been designated by the permitting
authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 5 apply to operations
that confine horses. The confinement area does not
include areas like pastures. Most horse operations
confine their animals only for short-term stabling or
visits to stalls for shoeing, veterinary care, or similar
activities. The horses might not be confined for
enough days for the operation to meet the criteria
for being an AFO. Data from the USDA National
Animal Health Monitoring System suggest that
practically all Large horse CAFOs (those with more
than 500 horses in confinement) are racetracks.
12 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Sheep or lambs
Turkeys
Table 7. Turkeys: size category thresholds
Table 6. Sheep or lambs: size category thresholds
An AFO that has ... is a ... by ...
at least 10,000 sheep or lambs
from 3,000 to 9,999 sheep or
lambs and meets one of the
medium category discharge
criteria
from 3,000 to 9,999 sheep or
lambs and has been designated
by the permitting authority
fewer than 3,000 sheep or lambs
and has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 6 apply to operations
that confine sheep and/or lambs. You should
count all confined sheep and lambs to determine
whether your operation meets these thresholds.
Confinement areas do not include grazing pastures.
Operations with grazing areas might confine
animals only for shearing, veterinary care, and
lambing and before sale or processing. The animals
might not be confined for enough days for the
operation to be considered an AFO. Animals must
be confined for 45 days or more in a 12-month
period for an operation to be considered an AFO.
An AFO that has... is a . . . by...
at least 55,000 turkeys
from 16,500 to 54,999 turkeys
and meets one of the medium
category discharge criteria
from 16,500 to 54,999 turkeys
and has been designated by the
permitting authority
fewer than 16,500 turkeys and
has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
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The thresholds in Table 7 apply to operations
that confine turkeys. Most turkey operations today
confine their birds in confinement houses, but
turkeys are also raised on lots. You should count all
birds, including poults and breeders, to determine
whether your operation meets the thresholds.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 13
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Chickens (operations with
a liquid manure handling
system)
Table 8. Chickens (operations with a liquid manure handling
system): size category thresholds
An AFO that has...
at least 30,000 chickens and uses
a liquid manure handling system
from 9,000 to 29,999 chickens,
uses a liquid manure handling
system, and meets one of the
medium category discharge
criteria
from 9,000 to 29,999 chickens,
uses a liquid manure handling
system, and has been designated
by the permitting authority
fewer than 9,000 chickens, uses
a liquid manure handling system,
and has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 8 apply to operations
that confine laying hens or broiler chickens and
use a liquid manure handling system (like caged
housing where manure is flushed to a lagoon).
Liquid manure handling systems are relatively
common among layer operations and are rarely
used in other chicken operations. Operations
that do not use liquid manure handling systems
are subject to thresholds for the sector "Laying
hens (operations with other than a liquid manure
handling system)" (Table 9) or "Chickens other than
laying hens (operations with other than a liquid
manure handling system)" (Table 10). For pullets
see "Chickens other than laying hens (operations
with other than a liquid manure handling system)"
(Table 10).
Laying hens
(operations with
other than a liquid
manure handling
system)
Table 9. Laying hens (operations with other than a liquid manure
handling system): size category thresholds
An AFO that has ...
at least 82,000 laying hens and
does not use a liquid manure
handling system
from 25,000 to 81,999 laying
hens, does not use a liquid
manure handling system, and
meets one of the medium
category discharge criteria
from 25,000 to 81,999 laying
hens, does not use a liquid
manure handling system, and has
been designated by the permitting
authority
fewer than 25,000 laying hens,
does not use a liquid manure
handling system, and has been
designated by the permitting
authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 9 apply to layer
operations that do not use a liquid manure
handling system. These operations include
scrape-out and belt manure handling systems,
high-rise cage housing, and litter-based housing.
A chicken operation that uses a liquid manure
handling system is subject to thresholds for the
sector "Chickens (operations with a liquid manure
handling system)" (Table 8). Non-layer operations,
including broiler operations, that do not use a
liquid manure handling system are subject to
thresholds in the sector "Chickens other than laying
hens (operations with other than a liquid manure
handling system)" (Table 10).
14 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Chickens other
than laying hens
(operations with
other than a liquid
manure handling
system)
Table 10. Chickens other than laying hens (operations with other
than a liquid manure handling system): size category
thresholds
An AFO that has ... is a ...
at least 125,000 chickens other
than laying hens and does not
use a liquid manure handling
system
from 37,500 to 124,999 chickens
other than laying hens, does not
use a liquid manure handling
system, and meets one of the
medium category discharge
criteria
from 37,500 to 124,999 chickens
other than laying hens, does not
use a liquid manure handling
sytem, and has been designated
by the permitting authority
fewer than 37,500 chickens other
than laying hens, does not use
a liquid manure handling system,
and has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory definition
designation
The thresholds in Table 10 apply to operations
that confine broilers, roasters, pullets, or breeders
and do not use a liquid manure handling system.
These chicken operations typically use enclosed
housing and dry litter systems. A chicken operation
that uses a liquid manure handling system is subject
to thresholds for the sector "Chickens (operations
with a liquid manure handling system)" (Table 8).
A layer operation that does not use a liquid manure
handling system is subject to thresholds for the
sector "Laying hens (operations with other than a
liquid manure handling system)" (Table 9).
Example:
A chicken operation produces 6 flocks of 100,000
broilers each year. The operation does not use a liquid
manure handling system. Because the operation
confines 100,000 broilers at a time, the operation is
a Medium CAFO if it meets one of the two discharge
criteria. (See "Which AFOs are defined as CAFOs?" on
page 8 of this guide.)
Another chicken operation has 60,000 laying hens
and an additional 60,000 pullets and does not use a
liquid manure handling system. This operation is also a
Medium CAFO if it meets one of the discharge criteria.
A third operation also has 60,000 laying hens and an
additional 60,000 pullets. This operation uses a lagoon
for manure storage, and thus it has a liquid manure
handling system. This operation is a Large CAFO.
Chicken operations with uncovered litter
stockpiles are treated as having liquid manure
handling systems and are subject to the Large CAFO
threshold of 30,000 chickens for operations with a
liquid manure handling system. By covering such
stockpiles, a chicken operation becomes eligible
for the higher thresholds for operations with other
than a liquid manure handling system. See the
definitions of "liquid manure handling system" and
"other than a liquid manure handling system" on
page 16 of this guide.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 15
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Ducks (operations with a liquid manure
handling system)
Table 11. Ducks (operations with a liquid manure handling
system): size category thresholds
An AFO that has is a by
at least 5,000 ducks and uses a
liquid manure handling system
from 1,500 to 4,999 ducks, uses
a liquid manure handling system,
and meets one of the medium
category discharge criteria
from 1,500 to 4,999 ducks, uses
a liquid manure handling system,
and has been designated by the
permitting authority
fewer than 1,500 ducks, uses
a liquid manure handling system,
and has been designated by the
permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
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The thresholds in Table 11 apply to duck
operations that use a liquid manure handling
system. These include operations with "wet" lots,
lots with storage ponds, lots with swimming areas,
and operations that flush manure from confinement
buildings to lagoons. You should count all birds
to determine whether your operation meets the
thresholds. A duck operation that does not use
a liquid manure handling system is subject to
thresholds for the sector "Ducks (operations with
other than a liquid manure handling system)"
(Table 12).
GLOSSARY
What is a "liquid manure handling system"?
The term manure handling system refers to the manure
collection and storage practices used at a chicken or duck
operation. Examples of a liquid manure handling system
include
An operation where ducks are raised outside with
swimming areas or ponds,
An operation with a stream running through an open lot,
or
An operation with confinement buildings where water
is used to flush the manure to a lagoon, pond, or some
other liquid storage structure.
In the CAFO regulations, the terms wet lots, wet systems,
and liquid manure handling systems refer to the same set
of management practices and are used interchangeably.
AFOs with liquid manure handling systems are Large
CAFOs if they have 30,000 laying hens or broilers or
5,000 ducks.
Ducks (operations with other than a liquid
manure handling system)
Table 12. Ducks (operations with other than a liquid manure
handling system): size category thresholds
An AFO that has is a by
at least 30,000 ducks and does
not use a liquid manure handling
system
from 10,000 to 29,999 ducks,
does not use a liquid manure
handling system, and meets one
of the medium category discharge
criteria
from 10,000 to 29,999 ducks,
does not use a liquid manure
handling system, and has been
designated by the permitting
authority
fewer than 10,000 ducks, does
not use a liquid manure handling
system, and has been designated
by the permitting authority
Large CAFO
Medium CAFO
Medium CAFO
Small CAFO
regulatory
definition
designation
The thresholds in Table 12 apply to any duck
operation that does not use a liquid manure
handling system. You should count all birds to
determine whether your operation meets the
thresholds. A duck operation that uses a liquid
GLOSSARY
What does "other than a liquid manure handling system"
mean?
The term manure handling system refers to the manure
collection and storage practices used at a chicken or duck
operation. Operations using the following practices are
considered to have other than a liquid manure handling
system:
Confinement buildings with a mesh or slatted floor over
a concrete pit where the manure is scraped, or
Dry bedding on a solid floor where the manure and
bedding are not combined with water for flushing to a
storage structure.
When chicken or duck operations use such practices and
do not use any liquid manure handling systems, such as
flushing to lagoons or storage ponds, these operations
are considered to have other than liquid manure handling
systems. They might also be called dry manure systems or
dry operations.
AFOs with other than liquid manure handling systems are
Large CAFOs if they have 30,000 or more ducks, 82,000
or more laying hens, or 125,000 or more chickens other
than laying hens.
16 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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3 Do These Regulations Affect Me?
manure handling system is subject to thresholds for
the sector "Ducks (operations with a liquid manure
handling system)" (Table 11).
Are any other kinds of operations considered to be
CAFOs?
An AFO with a kind of animal not identified
in the regulations might be a CAFO. Animals not
identified in the regulations include, for example,
ostriches, llamas, or bison. The only way for such
an AFO to be a CAFO is for the permitting authority
to designate it as a CAFO. (See "Which AFOs may
be designated as CAFOs?" on page 9 of this guide to
find out how an operation can be designated as a
CAFO.)
Are there any CAFOs that do not need a permit?
Large CAFOs that do not have the potential to
discharge don't need NPDES permits. Your Large
CAFO doesn't need an NPDES permit if (1) you
provide evidence to your
permitting authority
that there is no potential
for your operation to
discharge manure, litter,
or process wastewater
Medium and Small CAFOs
cannot qualify for a "no
potential to discharge"
determination because
those operations must
have a discharge to be
defined or designated as
CAFOs in the first place.
to surface waters; (2)
your permitting authority
agrees; and (3) your
permitting authority
gives you notice that your CAFO has "no potential
to discharge" manure, litter, or process wastewater.
"No potential to discharge" means that the CAFO
must not discharge manure, litter, or process
wastewater from either the production areas or any
land application areas to surface waters, even by
accident or because of human error.
A Large CAFO can qualify for a "no potential to
discharge" determination if
The owner or operator can show that there is
no possibility for any CAFO manure, litter, or
wastewater to be added to surface waters under
any circumstances or conditions.
The operation has not had a discharge for at least
the past 5 years.
The "no potential to discharge" status is
intended to provide relief where there truly is no
potential for a CAFO's manure or wastewater to
reach surface waters under any circumstances or
conditions. For example, the operator of a CAFO
that meets the following conditions might be able
to demonstrate to the permitting authority that the
CAFO has no potential to discharge:
Located in an arid or semiarid environment.
Stores all its manure or litter in a permanent,
covered containment structure that precludes
wind dispersal and prevents precipitation from
contacting the manure or litter.
Has sufficient containment to hold all process
wastewater and contaminated storm water.
Does not land apply CAFO manure or litter
because, for example, the CAFO sends all its
manure or litter to a regulated, off-site fertilizer
plant or composting facility.
y% Regulation: 40 CFR 122.23(1) [68 FR 7267]
Preamble: IV.B.2 [68 FR 7201]
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 17
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How can I get a "no potential to discharge"
determination?
If you believe your facility has no potential to discharge,
you must still contact your permitting authority to find out
whether you need to apply for a permit.
You may request a "no potential to discharge"
determination from your permitting authority.
You must make your request on or before your
permit application deadline. "When do I have to
get an NPDES permit?" on page 22 of this guide
describes the permit application deadlines. You
must show in your request that there is no possibility
that your CAFO will discharge pollutants. Contact
your permitting authority to find out exactly what
information it needs. Your permitting authority
might ask for more information and inspect your
facility before it makes a decision on your request.
In most cases, land application of CAFO manure and
process wastewater would be enough to indicate
that a CAFO does have a potential to discharge.
"No potential to discharge" might be demonstrated
in limited circumstances, such as where the CAFO
is so far from waters of the United States that any
runoff from the land application areas could never
reach them.
Your permitting authority has 90 days to decide
whether to grant your request for a "no potential to
discharge" determination. Your permitting authority
will review your information and any other available
information that helps it make a decision about
whether your operation could discharge.
If your permitting authority agrees that your
operation has no potential to discharge, it will issue
a public notice before making a final decision.
In the public notice, the permitting authority will
describe the activity at your facility, the basis for
granting your operation a "no potential to discharge"
determination, and the procedures for reaching
a final decision. During the public notice period,
interested citizens will have a chance to submit
comments to the permitting authority about your
"no potential to discharge" request. At the end of the
public notice period, your permitting authority will
tell you whether it intends to issue a "no potential to
discharge" determination for your CAFO.
The permitting authority will not grant your CAFO a "no
potential to discharge" determination if
An accident or human error could lead to a discharge or
Your CAFO has had a discharge within the past 5 years.
If the permitting authority denies your request for a "no
potential to discharge" determination, you must apply for
an NPDES permit within 30 days after you receive notice
of the denial.
What happens after I get a "no potential to discharge"
determination?
If you receive a "no potential to discharge"
determination for your CAFO, you must make
sure that your operation does not discharge. If
your operation does discharge, even with a "no
potential to discharge" determination, you will be in
violation of the Clean Water Act. If you're planning
to make changes at your CAFO that could lead to
a discharge, you should contact your permitting
authority to get an NPDES permit before you make
those changes.
Your permitting authority may reverse the "no
potential to discharge" determination if conditions at
your facility change, new information is discovered,
or the permitting authority has another reason to
believe that your operation could discharge. If the
permitting authority reverses the "no potential to
discharge" determination, you must apply for a
permit.
How can I avoid being covered by these regulations?
Large CAFO:
If you own or operate a Large CAFO, the only
way to avoid the CAFO requirements is to request
and be granted a "no potential to discharge"
determination.
Medium AFO:
If you own or operate a medium-sized AFO,
you can avoid having your operation defined or
designated as a CAFO by
Eliminating any condition that meets the
discharge criteria (see "Which AFOs are defined
as CAFOs?", under the heading "Medium CAFOs"
on page 8, and "Which AFOs may be designated
as CAFOs?" on page 9 of this guide) and
18 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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3 Do These Regulations Affect Me?
Reducing or eliminating your operation's
discharges of pollutants to surface waters to
minimize the chance that the permitting authority
will find that your operation is a "significant
contributor of pollutants to waters of the United
States."
Small AFO:
If you own or operate a small-sized AFO, you
can avoid having your operation designated as a
CAFO by
Eliminating any condition that meets the
discharge criteria (see "Which AFOs may be
designated as CAFOs?", under the heading "Small
CAFOs" on page 9 of this guide.) or
Reducing or eliminating your operation's
discharges of pollutants to surface waters to
minimize the chance that the permitting authority
will find that your operation is a "significant
contributor of pollutants to waters of the United
States."
It is EPA's policy to promote state efforts to use
non-NPDES programs to help medium and small
AFOs protect water quality. EPA encourages you
to take part in voluntary programs that promote
sustainable agriculture and reduce environmental
harm from AFOs. These programs can help owners
or operators of medium- and small-sized AFOs
reduce risks to water quality and avoid NPDES
permitting requirements. For example, if you
voluntarily develop and implement a CNMP using
USDA's guidance, your CNMP might help you avoid
the conditions that would cause your AFO to be
regulated under the CAFO regulations. Funding is
available for CNMP development through USDA's
Environmental Quality Incentives Program (EQIP).
What parts of my CAFO are regulated?
The CAFO regulations apply to both the
production areas and land application areas at your
CAFO.
The production areas include all areas where
you confine animals, store manure and raw
materials, and contain wastes.
Examples of areas where you might confine
animals are open lots, housed lots, feedlots,
confinement houses, stall barns, free stall barns,
milkrooms, milking centers, cowyards, barnyards,
exercise yards, medication pens, walkers, animal
walkways, and stables.
A confinement area for turkeys. The confinement area is
considered part of the production area.
Examples of areas where you might store
manure are lagoons, runoff ponds, storage sheds,
stockpiles, manure pits, liquid impoundments,
static piles, and composting piles.
Examples of areas where you might store raw
materials are feed silos, silage bunkers, and
storage areas for bedding materials.
Examples of areas where you might contain
wastes are lagoons, holding ponds, and
evaporation ponds that you use to control runoff
of rainwater
from your
animal
confinement
and manure
storage
areas.
An egg-
washing or
-processing
facility is part
of the production area. Any area where you store,
handle, treat, or dispose of dead animals is also part
of the production area.
A land application area that is covered by the
CAFO regulations is any land under your control
where you apply or might apply manure, litter, or
process wastewater. Land is under your control if
you own, rent, or lease it, regardless of whether it is
adjacent to the production area or at a different site.
\% Regulation: 40 CFR 122.23(e) [68 FR 7267]
Preamble: IV.A.5 [68 FR 7196]
Liquid manure being pumped onto a field.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 19
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3 Do These Regulations Affect Me?
20 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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How Do I Apply for a Permit?
You must get the forms you need to apply for an
NPDES permit from your permitting authority. Under
the federal NPDES regulations, there are two kinds
of permitsgeneral permits and individual permits.
Each permitting authority adopts its own rules
about what types of permits operations need, so you
should contact your permitting authority.
\m Preamble: IV.B.4 and 5 [68 FR 7195 and 7196]
What is an NPDES general permit?
An NPDES general permit has one set of
requirements for a group of facilities. For example,
all CAFOs or all poultry CAFOs in a particular area,
such as an entire state or a watershed within the
state, might be covered under one general permit.
The permitting authority sets the permit conditions,
issues a draft permit, and requests comments from
the public. The permitting authority makes changes
to the draft permit based on the public comments
and then issues the final permit. The general permit
specifies what kinds of operations can be covered.
Owners and operators of eligible operations may
then apply for coverage under the permit.
Operators of CAFOs that are eligible for coverage
under a general permit may notify the permitting
authority that they want to be covered by submitting
a Notice of Intent (NOI). If an NPDES general permit
is available in your state and your operation meets
the eligibility requirements, you must fill out an NOI
and submit it to your permitting authority to apply
for coverage under the general permit. The general
permit will tell you how to apply for coverage and
when your coverage will become effective.
What is an NPDES individual permit?
An NPDES individual permit contains
requirements designed specifically for one CAFO.
You must apply for an NPDES individual permit if
A general NPDES permit is not available,
Your CAFO isn't eligible to be covered under the
general NPDES permit,
You want an individual NPDES permit, or
Your permitting authority requires you to apply for
an individual permit.
To apply for an individual permit, you must fill
out either NPDES Forms 1 and 2B or similar forms
required by your state. (Contact your permitting
authority for the proper forms.) You must complete
the forms and submit them to your permitting
authority. When your permitting authority receives
your permit application, it will use the information
you've submitted to draft a permit for your
operation. Your permitting authority will base your
permit requirements on the unique conditions at
your operation. After a public comment period
on the draft permit, your permitting authority will
modify the draft, if necessary, and then issue your
final NPDES individual permit.
What information do I have to include in my
NOI or permit application?
When you apply for a general or individual
NPDES permit, you must give the following
information to your permitting authority:
The name of the CAFO's owner or operator.
Your CAFO's location and mailing address.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 21
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4 How Do I Apply for a Permit?
Check ERA'S Web site at
http://cfpub.epa.gov/
npdes/stormwater/
latlong.cfm to find out how
to determine the latitude
and longitude and where to
get a topographic map for
your location.
The latitude and longitude of the entrance to your
CAFO's production area.
A topographic map
of the area where
your CAFO is located,
with the location of
the production area
specifically marked.
The number of each
kind of animal in
confinement.
The kinds of structures you use to contain or store
manure, litter, and process wastewater and the
total amount that each structure can store.
The total number of acres under the control of
your CAFO that are available for land application
of manure, litter, and process wastewater.
An estimate of the amount (tons or gallons) of
manure, litter, and process wastewater your
operation generates each year.
An estimate of the amount (tons or gallons)
of manure, litter, and process wastewater you
transfer to other persons each year.
If you apply for a permit after December 31, 2006,
your application must also contain a statement
certifying that you have developed and will
implement a nutrient management plan. You must
have a current nutrient management plan for as
long as your operation is covered by an NPDES
permit.
The items listed above are the minimum that
you must submit. Your permitting authority may
require you to submit additional information.
\% Regulation: 40 CFR 122.21 and 122.28 [68 FR 7265
and 7268]
Preamble: IV.B.6 [68 FR 7206]
When do I have to get an NPDES permit?
Your permit application deadline depends on
whether your operation is an existing CAFO, a newly
defined CAFO, a new discharger, or a new source
or has been designated as a CAFO by the permitting
authority. Each of these categories has a different
deadline for applying for an NPDES permit. Read the
descriptions below to determine when you have to
apply for an NPDES permit.
You are responsible for applying for NPDES
permit coverage for your CAFO. The federal
regulations do not require your permitting authority
to notify you that you must apply. For an individual
permit, the permitting authority issues a permit
after it receives a permit application from the
facility seeking coverage. For a general permit, the
permitting authority issues the general permit, and
then operators submit NOIs to be covered under the
permit. In both instances, the permitting authority is
required to provide public notification that a permit
has been drafted. In addition, although permitting
authorities are not required to do so, many are
likely to conduct outreach to communicate who
must obtain a permit and how to do so. Ultimately,
however, the responsibility to seek permit coverage
lies with the CAFO. Your failure to seek coverage
by the permitting deadlines described below could
result in liability under the Clean Water Act and you
may have to pay penalties.
\% Regulation: 40 CFR 122.23(g) [68 FR 7267]
Preamble: IV.B.3 [68 FR 7203]
Existing CAFOs
Existing CAFOs are operations that were defined
as CAFOs under the 1976 NPDES CAFO regulations.
If you operate an existing CAFO, you should already
have an NPDES permit. You will have to reapply for
a new permit 180 days before your existing permit
expires, unless your permit indicates otherwise.
Existing operations that appropriately claimed the
25-year, 24-hour storm permit exemption under
the 1976 regulations would have until no later than
February 13, 2006 to apply for a permit. See Table 13
to figure out whether your operation was previously
regulated. If your CAFO was covered under the
1976 NPDES CAFO regulations but you don't have
an NPDES permit, you must apply for an NPDES
permit immediately.
22 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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4 How Do I Apply for a Permit?
Table 13. Size category thresholds for existing CAFOs
Slaughter and feeder
cattle
Mature dairy cows
Swine (55 pounds or
more)
Horses
Sheep or lambs
Turkeys
Laying hens or broilers
(continuous overflow
watering)
Laying hens or broilers
(liquid manure handling
system)
Ducks
Existing CAFOs
red under the 1976 NP
CAFO regulations)
1,000 or more
700 or more
2,500 or more
500
10,000 or more
55,000 or more
100,000 or
more
30,000 or more
5,000 or more
Medium3
300-999
200-699
750-2,499
150-499
3,000-9,999
16,500-54,999
30,000-99,999
9,000-29,999
1,500-4,999
aThe criteria for operations to be defined as Medium CAFOs were
the same in the old regulation as in the revised NPDES regulation.
(See "Which AFOs are defined as CAFOs?" on page 8 of this guide.)
Newly defined CAFOs
Newly defined CAFOs are operations that are
defined as CAFOs as of April 14, 2003 (the effective
date of the revised regulations), but were not
defined as CAFOs under the old NPDES regulation.
Your operation might be a newly defined CAFO if
it is a dry waste chicken operation, a stand-alone
dairy heifer operation, or a swine nursery that
existed before April 14, 2003. Your operation might
also be a newly defined CAFO if you were entitled
to the 25-year, 24-hour storm permitting exemption
under the old regulation. That exemption has been
eliminated. Table 14 shows which operations are
newly defined CAFOs. If you own or operate a newly
defined CAFO, you should contact your permitting
authority to find out when to apply for an NPDES
permit. Each permitting authority may set its own
deadline for when you must apply, but the deadline
must be no later than February 13, 2006.
,
'v
I
Table 14. Size category thresholds for newly defined CAFOs
Newly defined
arge Medium
Swine (less than 55 pounds)
Laying hens operations that do
not have liquid manure handling
systems
Chickens other than laying hens-
operations that do not have liquid
manure handling systems
Dairy heifers
10,000 or
more
82,000 or
more
125,000
or more
1,000
3,00-
9,999
25,000-
81,999
37,500-
124,999
300-999
New dischargers
New dischargers are operations that met the
CAFO definition after the revised regulations went
into effect (after April 14, 2003) but are not new
sources. Your operation might be a new discharger,
for example, if it is a newly constructed Medium
CAFO because Medium and Small CAFOs in most
animal sectors are never defined as new sources.
(See "New sources" on page 24 of this guide.) It
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 23
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4 How Do I Apply for a Permit?
might also be a new discharger if it is an existing
AFO and you increase the number of animals, or
otherwise change the operation, so that it meets the
CAFO definition. (See "What is a CAFO?" on page 8
of this guide.) There are three different permit
application deadlines for new dischargers:
1. If you build a new operation that is not subject to
the ELGs (for example, it meets the definition of a
Medium CAFO, or it confines animals other than
the types covered by the ELGs), you must apply
for an NPDES permit at least 180 days before you
begin to operate your new CAFO.
2. If you increase the number of animals or make
other changes at your operation so that it meets
the definition of a CAFO, and the CAFO is not in a
newly defined sector (see Table 14), you have 90
days after you make the change to your operation
to apply for an NPDES permit.
3. If you increase the number of animals or make
other changes at your operation so that it meets
the definition of a CAFO, but the changes you
make would not have made your operation a
CAFO under the old regulations, you have until
April 13, 2006, or 90 days after you make the
changes at your operation, whichever is later, to
apply for an NPDES permit. For example, your
operation would fit this description if you're
increasing the number of animals so that it will
become a CAFO and the CAFO is in a newly
defined sector (see Table 14).
New sources
A Large CAFO is a new source if construction
began after April 14, 2003, on a site where no other
source is located. An operation may also be a new
source if it expands its operations. Specifically, it
would be a new source if the process or production
equipment is totally replaced, or if it adds new
processes that are substantially independent of an
existing source at the same site.
In most cases, only Large CAFOs may be new
sources. The term new source is used only in
connection with facilities that are subject to New
Source Performance Standards (NSPS), and in
most cases only Large CAFOs are subject to the
CAFO NSPS (see 40 CFR Part 412).2 For most animal
sectors, a newly constructed operation that is either
a Medium or Small CAFO is a new discharger rather
than a new source.
Example of new sources:
A brand new Large swine CAFO that is constructed
where no CAFO previously existed.
A 500-head dairy AFO that expands to add 3,000
mature dairy cattle and includes new construction that
will replace the existing milking and manure handling
equipment.
An existing 75,000-bird turkey CAFO that expands to
add a 7,000-bird, wet lot duck CAFO with a separate
waste handling system. In this case, the permit would
continue to apply to the turkey facilities and would add
new source requirements for the duck lot.
If you own or operate a new source CAFO, you
must apply for a permit at least 180 days before you
begin to operate the CAFO.
y% Regulations: 40 CFR 122.2 and 122.29(b)
Designated CAFOs
Designated CAFOs are small and medium AFOs
that the permitting authority has designated as
CAFOs. (See "Which AFOs may be designated as
CAFOs?" on page 9 of this guide.) If your permitting
authority has notified you that it has designated your
operation as a CAFO, you must apply for a permit
within 90 days after receiving the notice.
When will my NPDES permit expire?
Individual NPDES permits are usually written
for 5-year terms and are reissued every 5 years. You
should check the expiration date of your permit.
General NPDES permits also are usually written
for 5-year terms. Because a general NPDES permit
is created for multiple permittees, however, it
could have been issued several years before you
submitted your NOI. If this is the case, the general
NPDES permit might expire less than 5 years after
you submit your NOI.
To reapply for a permit when it is due to
expire, you must submit a new application form
(for an individual permit) or a new NOI (to be
covered under a general permit) 180 days before
your permit's expiration date. If you have met this
deadline and your permitting authority fails to
reissue your NPDES permit before the expiration
date, your current NPDES permit will remain in
effect until the permitting authority acts on your
new application.
Some permitting authorities might have other
deadlines or procedures for reissuing CAFO NPDES
2 For duck CAFOs, operations with 5,000 or more birds are subject to NSPS if they meet the new source definition. This threshold corresponds to Large duck CAFOs with liquid
manure handling systems and Large, Medium, and some Small duck CAFOs with other than liquid manure handling systems.
24 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
-------
permits. For example, some general permits are
automatically continued without submitting a new
NOI. Check the reapplication procedures specified
in your permit, and contact your permitting
authority to find out exactly what you must do to
get a new permit when your current permit is due
to expire.
How long should I keep my NPDES permit?
You must have an NPDES permit in effect for
your operation as long as it is an operating CAFO.
There are a few situations in which you can
discontinue your NPDES permit coverage:
You close your operation.
You permanently change your operation so that it
no longer meets the definition of a CAFO.
You change your operation so that it cannot and
will not discharge. In this case, you'll need a "no
potential to discharge" determination from your
permitting authority before you discontinue your
NPDES permit coverage. (See "How can I get a 'no
potential to discharge' determination?" on page 18
of this guide.)
4 How Do I Apply for a Permit?
Under all circumstances, you must have an
NPDES permit in effect until you properly dispose of
all manure, litter, and process wastewater that was
generated at the CAFO so that your operation no
longer has a potential to discharge to waters of the
United States. If your operation still has a potential
to discharge when your permit is due to expire,
you must reapply for a permit. Once you have
properly disposed of the manure, litter, and process
wastewater so that there is no longer a potential to
discharge, you may ask your permitting authority
to terminate your permit. Contact your permitting
authority to find out more about how to terminate
your permit. (You can find contact information
for your permitting authority in the appendix to
this guide.)
^ Regulation: 40 CFR 122.23(h) [68 FR 7268]
Preamble: IV.C.6[68 FR 7229]
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 25
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4 How Do I Apply for a Permit?
26 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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What Requirements Will My NPDES Permit Contain?
Your NPDES permit will say what you have to
do to comply. Certain minimum requirements must
be in every NPDES CAFO permit, and this guide
describes those minimum requirements. Your
permitting authority may include more than the
minimum requirements in your NPDES permit. You
should read your permit carefully to find out exactly
what you have to do at your CAFO.
Your NPDES permit will have four main sets
of requirements:
1. Effluent limitations.
2. Special conditions.
3. Standard conditions.
4. Monitoring, record-keeping, and reporting
requirements.
^ Preamble: IV.C [68 FR 7207]
Regulations: 40 CFR 122.42 and 412 [68 FR 7268 and
7269]
might also contain additional best management
practices (BMPs), as needed.
Remember to read your permit and check with your
permitting authority to find out exactly what your permit
requires. This guide describes the minimum requirements
established by the federal CAFO regulations. Your
permit might require you to do more than the minimum
requirements described here, for example, to meet your
state's water quality standards or to comply with CAFO
requirements specific to your state. See the appendix to
find out how to contact your permitting authority.
What effluent limitations will be included in
my NPDES permit?
Your permit will contain technology-based
effluent limitations (based on the amount of
pollutant reduction that can be achieved by applying
pollution control technologies or practices), water
quality-based effluent limitations (based on the
condition of the receiving water body), or both. It
A water quality-based effluent limitation is designed
to protect the quality of the receiving water by
ensuring that state or tribal water quality standards
are met. In cases where a technology-based permit
limit does not protect water quality, the permit must
include appropriate water quality-based standards.
For example, a technology-based standard for a
CAFO might allow overflows from storage lagoons
under certain circumstances. In some cases, the
overflows might have to be restricted or further
controlled to ensure that water quality standards
in the receiving water are met. This is most likely
to happen where the receiving water is impaired or
likely to be impaired by CAFO discharges.
Effluent limitations for Medium and Small CAFOs
The ELGs don't apply to medium- and small-
sized AFOs that are defined or designated as CAFOs.
Instead, effluent limitations for production areas and
land application areas at Medium and Small CAFOs
are based on the best professional judgment (BPJ)
of the permitting authority. The effluent limitations
are determined case by case, and BPJ is sometimes
based on the effluent limitations for Large CAFOs.
Medium and Small CAFOs must also develop a
nutrient management plan, but the management
practices and application rates in the nutrient
management plan are specified by limitations based
on BPJ.
^ Preamble: IV.C.3 [68 FR 7226]
BPJ-based effluent limits are also included in permits for
CAFOs that confine a kind of animal not identified in the
regulations (such as emus or bison).
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 27
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5 What Requirements Will My NPDES Permit Contain?
Effluent limitations for Large CAFOs
For most animal sectors, the federal ELGs apply
only to Large CAFOs.3 The ELGs address two main
areas of Large CAFOsthe production areas and
the land application areas. The following sections
describe the requirements that must be included in
permits for CAFOs that are subject to the ELGs. If
you own or operate a Large CAFO, you must comply
with the requirements in your permit, which will
include at least the following effluent limitations for
your production areas and land application areas.
Your permitting authority may include additional
effluent limitations in your permit.
\% Regulation: 40 CFR Part 412, Subparts C and D [68 FR
7271 and 7273]
Preamble: IV.C.2 [68 FR 7207]
Production area requirements for existing CAFOs
The production area is the part of your farm that
includes the animal confinement area, the manure
storage area, the raw materials storage area, and
the waste containment areas. (See "What parts of
my CAFO are regulated?" on page 19 of this guide.)
All of these are considered together to define the
production area at your operation.
No discharges of manure, litter, or wastewater
from the production area of your CAFO may enter
waters of the United States. You must also comply
with the record-keeping requirements described
in "What records do I have to keep?" on page 37 of
this guide. These records and measures will help
you show that you're complying with the effluent
limitations in your NPDES permit.
What is the difference between storage and
containment? Storage refers to the structures used to
hold manure, litter, or process wastewater to reduce
the need for frequent hauling and land application, to
allow land application at a time when soil and climatic
conditions are suitable, and to allow nutrient application
at or near the crop's growing season. Containment
refers to the structures and areas used to control runoff
of precipitation from confinement areas and manure
storage areas.
Is a discharge from the production area ever allowed?
The requirements do allow a discharge caused
by rainfall events, but only if you meet certain
conditions. Dry-weather discharges are never
allowed. Discharges from the production areas of
Large horse, sheep, beef, dairy, swine, turkey, and
chicken CAFOs are allowed if the operation meets
all of the following conditions:
The production area must be designed, built,
operated, and maintained to handle all of the
manure, litter, and process wastewater, including
the runoff and direct precipitation (rain) from all
normal rainfall events up to a 25-year, 24-hour
rainfall event. To meet this requirement, the
design volume of your storage structures should
reflect the following:4
/The maximum length of time you expect to
go before emptying the structures (the storage
period).
/All waste accumulated during the storage
period.
/Normal precipitation and evaporation during
the storage period.
/Normal runoff during the storage period.
/The direct precipitation from a 25-year, 24-hour
rainfall event.
/The runoff from the 25-year, 24-hour rainfall
event.
/Residual solids after liquid has been removed.
GLOSSARY
A 25-year, 24-hour rainfall event is the largest
precipitation event that is likely to occur over 24 hours
once every 25 years. Similarly, a 10-year, 24-hour or 100-
year, 24-hour rainfall event is the largest precipitation
event that is likely to occur over 24 hours once every 10
years or once every 100 years. The National Weather
Service defines these rainfall events for different areas
of the United States. Some states also publish statistical
rainfall probability information. Contact your local weather
service or the local NRCS office to get the rainfall values
for your area.
3 For CAFOs in the sector "Ducks (operations with other than a liquid manure handling system)," the ELGs apply to Large, Medium, and some Small CAFOs. The CAFO ELGs apply
to all duck operations with 5,000 or more ducks that use dry or wet manure handling systems. For duck operations with fewer than 5,000 ducks, regardless of the manure
handling system used, there are no applicable ELGs. Instead, BMPs would apply on a case-by-case basis.
4 You must keep records to document that you have adequate storage volume and that your storage structures are properly operated and maintained. (See "What records do I
have to keep?", beginning on page 37 of this guide.)
28 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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5 What Requirements Will My NPDES Permit Contain?
Roofed and concrete wall solid manure stacking facility with
a settling basin and filter strip.
/Necessary freeboard to maintain storage
integrity. For treatment lagoons, the design
volume should also reflect a minimum
treatment volume and any additional storage
you might need to meet management goals or
other regulatory requirements.
The discharge may consist of only overflows
caused by the rainfall event. Dry-weather
discharges are not allowed.
For beef, dairy, swine, turkey, and chicken
CAFOs, you must comply with the record-keeping
requirements described in "What are the record-
keeping requirements for all CAFOs?" and "What
are the additional record-keeping requirements
for all Large CAFOs?" on page 37, and "What are
the additional record-keeping requirements for
Large beef, dairy, veal calf, swine, and poultry
CAFOs?" on page 38 of this guide. These records
and measures will help you show that you're
complying with the ELGs. If you're not keeping
the required records, no discharges are allowed.
Discharges caused by poor management are
never allowed, even if it's raining. Your production
area must be properly designed, constructed,
operated, and maintained and you must keep the
required documents and records. Proper design and
operation includes designing lagoons for the rainy
season, draining lagoons before the rainy season
begins, and not applying manure to saturated
soils or during rain events. Proper operation
and maintenance also include activities such as
dewatering when appropriate and in accordance
with a nutrient management plan. Occasionally a
series of rainfall events that are far above normal
rainfall might occur so close together that they
prevent dewatering. Under such conditions, even
though your storage structures have been properly
designed, constructed, and managed, a series
of smaller storms could in rare events cause
a permissible overflow. However, with proper
planning and maintenance, you should usually be
able to avoid these situations.
\% Regulation: 40 CFR 412.13, 412.31(a), and 412.43(a)
[68 FR 7270, 7271, and 7273]
Preamble: IV.C.2.C and d [68 FR 7214 and 7217]
Discharges from duck CAFOs with 5,000
or more ducks (regardless of the type of liquid
manure handling system5) must meet the following
discharge limits:
Biochemical oxygen demand (BOD5): You may
not discharge more than 3.66 pounds (1.66
kilograms) per day per 1,000 ducks and your
maximum monthly average discharge may not
exceed 2.0 pounds (0.91 kilograms) per day per
1,000 ducks.
Fecal coliform bacteria: Your discharge may not
exceed 400 most probable number (MPN) per 100
milliliters at any time.
\% Regulation: 40 CFR 412.22(a) [68 FR 7271]
Production area requirements for new sources
Some new CAFOs designed and built after
April 14, 2003, are subject to more stringent ELG
requirements for the production area. (No additional
requirements apply to the land application areas
for new source CAFOs.) (See "New Sources" on
page 24 of this guide for more information on which
operations are considered new source CAFOs.)
New Source Performance Standards for horse and
sheep CAFOs
The production area requirements for new
CAFOs with horses and sheep are the same as
those for existing CAFOs.
\% Regulation: 40 CFR 412.15 [68 FR 7271]
6 For duck CAFOs, the ELGs apply to all operations with 5,000 or more ducks that use dry or wet manure handling systems (Large duck CAFOs with a liquid manure handling
system and Large, Medium, and some Small duck CAFOs with other than a liquid manure handling system).
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 29
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5 What Requirements Will My NPDES Permit Contain?
New Source Performance Standards for duck CAFOs
No discharges of process wastewater pollutants
from the production areas of new source duck
CAFOs with 5,000 or more ducks may enter waters
of the United States. The requirements do provide
for a discharge during a rainfall event, but only
if you meet certain conditions. If you don't meet
these conditions, you may not discharge under
any circumstance. Discharges from the production
areas of new source duck CAFOs are allowed if the
operation meets all the following conditions:
The production area must be designed, built,
operated, and maintained to handle all of the
process wastewater, plus the runoff and direct
precipitation (rain) from a 25-year, 24-hour rainfall
event.
The discharge may consist of only overflows
caused by the rainfall event. Dry-weather
discharges are not allowed. Discharges caused
by poor management are never allowed, even if
it's raining.
\% Regulation: 40 CFR 412.25 [68 FR 7271]
A flush tank and lagoon system keeps the feeding area clean
for these dairy cattle. The lagoon also stores nutrients for
future application to pastures.
New Source Performance Standards for beef and dairy
cattle CAFOs
The production area requirements for new
CAFOs with dairy and/or beef cattle other than veal
calves are the same as those for existing CAFOs.
\% Regulation: 40 CFR 412.35 [68 FR 7272]
Voluntary Alternative Performance Standards (for new and existing Large CAFOs with dairy cows or cattle other
than veal calves, and for existing Large CAFOs with veal calves, swine, or poultry). To encourage the development of
new and more effective technologies to increase pollutant reductions from CAFOs, EPA allows the use of Voluntary
Alternative Performance Standards. Operators of new and existing Large CAFOs with dairy cows or cattle other
than veal calves and existing Large swine, poultry, and veal calf CAFOs may use innovative technologies to achieve
pollutant reductions for the production area that are equal to or better than those which can be achieved under
the baseline effluent limitations. Each CAFO operator who wants to be regulated under the Voluntary Alternative
Performance Standards must submit to the permitting authority a site-specific performance analysis. This analysis
must show the amount of pollutants that would be discharged from the production area if the system were designed to
meet the baseline effluent limitations. In addition, the analysis must show how the proposed innovative technologies
and/or management practices will meet standards that are equal or superior to the baseline requirements. Based on
these analyses the permitting authority may set alternative performance standards that allow discharges from the
production area that meet or exceed the pollutant reductions that would be achieved under the ELGs. (See 40 CFR
412.31(a)(2) and 412.45(a).)
30 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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5 What Requirements Will My NPDES Permit Contain?
New Source Performance Standards for swine, turkey,
chicken, and veal calf CAFOs
No discharges of manure, litter, or wastewater
from the production areas of new source swine,
turkey, chicken, and veal calf CAFOs may enter
waters of the United States. The requirements do
provide for a discharge in the largest of rainfall
events, but only if you meet certain conditions.
If you don't meet the conditions, you may not
discharge under any circumstance. Discharges from
the production areas of new source swine, turkey,
chicken, and veal calf CAFOs are allowed if the
operation meets all the following conditions:
The production area must be designed, built,
operated, and maintained to handle all the
manure, litter, and process wastewater, including
the runoff and direct precipitation (rain) from a
100-year, 24-hour rainfall event.
The discharge may consist of only overflows
caused by rainfall events. Dry-weather discharges
are not allowed.
You must also comply with the record-keeping
requirements described in "What are the record-
keeping requirements for all CAFOs?" and "What
are the additional record-keeping requirements
for all Large CAFOs?" on page 37, and "What are
the additional record-keeping requirements for
Large beef, dairy, veal calf, swine, and poultry
CAFOs?" on page 38 of this guide. These records
and measures will help you show that you're
complying with the ELGs. Discharges caused
by poor management are never allowed, even if
it's raining.
^ Regulation: 40 CFR 412.46 [68 FR 7273]
Additional production area requirements for Large beef
cattle, dairy cattle, veal calf, swine, turkey, and chicken
CAFOs
New and existing Large CAFOs (except duck,
sheep, and horse CAFOs) must meet the following
additional measures:
Inspect at least once a week all storm water
diversion devices, runoff diversion structures,
animal waste storage structures, and devices
channeling contaminated storm water to the
wastewater and manure storage and containment
structure.
Inspect daily all water lines, including drinking
water or cooling water lines.
Install depth markers in all open liquid storage
structures, such as lagoons, ponds, and open
tanks, to measure the liquid level needed to
properly handle the design volume, rainfall from
large storms, and any extra storage needed.
Correct any problems found as a result of the daily
and weekly inspections as soon as possible.
Voluntary Superior Environmental Performance Standards (for new Large swine, poultry, and veal calf CAFOs) New
Large CAFOs with swine, poultry, and/or veal calves may voluntarily enter into a program where the permitting authority
establishes alternative discharge limits or ELG requirements that apply across all media and are equal to or better than
the New Source Performance Standards for swine, poultry, and/or veal calf CAFOs. The alternative requirements will
apply to all areas of the operation, not just the production area. To determine appropriate limitations, the CAFO owner
or operator should conduct a whole-farm audit at the points of manure, litter, and process wastewater generation,
handling, and application or disposal. In addition, a demonstration of how the innovative technology will increase
pollutant reductions in multiple environmental media should be made. Based on these analyses, the permitting
authority may set alternative performance standards for the CAFO to meet. (See 40 CFR 412.46(d).)
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 31
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5 What Requirements Will My NPDES Permit Contain?
Improper disposal of dead chickens poses a water quality
concern.
Properly dispose of dead animals and livestock
to prevent disposal in the wastewater treatment
system and to prevent discharges of pollutants to
surface water.
You should include these measures in your
CAFO's nutrient management plan. (See "First
special condition for all CAFOs: Develop and
implement a nutrient management plan" on page 33
of this guide.)
\% Regulation: 40 CFR 412.37 and 412.47 [68 FR 7272 and
7274]
Land application area requirements
The land application area is any land that is
under the control of the AFO owner or operator,
whether it is owned, rented, or leased, and to which
manure or process wastewater from the production
area is (or might be) applied. For example, if you
applied litter to field "A" last year and do not intend
to apply litter again until next year, that field is still
part of your land application area for purposes
of your nutrient management plan. The land
application requirements are the same for existing
and new sources.
Even though the ELGs do not set land application area
requirements for horse, sheep, or duck CAFOs, NPDES
permits for these operations will require land application
BMPs as part of the nutrient management plan. (See
"First special condition for all CAFOs: Develop and
implement a nutrient management plan" on page 33 of
this guide.)
The federal ELGs require that owners or
operators of all Large beef cattle, dairy cattle,
veal calf, swine, turkey, and chicken CAFOs
properly apply manure, litter, or wastewater to land
application areas under their control. The CAFO
operator must do this by using BMPs developed in
accordance with a nutrient management plan. Your
nutrient management plan must be designed to
achieve realistic production goals, while minimizing
nitrogen and phosphorus movement to surface
waters. (See "First special condition for all CAFOs:
Develop and implement a nutrient management
plan" on page 33 of this guide.)
Q
V)
Liquid manure from a hog feeding operation is being land applied.
Owners or operators of Large beef cattle, dairy
cattle, veal calf, swine, turkey, and chicken CAFOs
must also perform the following BMPs and any
other BMPs required by their permits (as specified
in the ELGs):
Land apply manure, litter, and process wastewater
in accordance with a nutrient management plan
that specifies application rates for each field.
Your permitting authority will establish technical
standards that you must use to determine your
land application rates.
32 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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5 What Requirements Will My NPDES Permit Contain?
For some CAFOs, wastewater samples must
be collected at least once a year.
At least once a year, collect representative
samples of manure, litter, and other wastewater
and analyze them for nutrient content, including
nitrogen and phosphorus.
At least once every 5 years, collect representative
soil samples from all fields where manure, litter,
and process wastewater are applied and analyze
them for phosphorus content.
Maintain a setback area within 100 feet of any
down-gradient surface waters, open tile intake
structures, sinkholes, agricultural well heads,
or other conduits to surface waters where
manure, litter, and other wastewaters are not
applied. As a compliance alternative, the CAFO
may elect to establish a 35-foot vegetated buffer
where manure, litter, and other wastewater are
not applied. The CAFO owner or operator may
demonstrate to the permitting authority that
a setback or vegetated buffer is unnecessary
because of site-specific conditions or practices.
Periodically conduct leak inspections of
equipment used for land application of manure,
litter, or wastewater.
If a CAFO has a permit and is in full compliance
with the permit, which includes properly developing
and implementing the nutrient management plan, a
precipitation-related runoff from the land application
area is an allowable discharge. On the other hand, if a
CAFO does not have a permit or does not have a nutrient
management plan, or the CAFO operator does not follow
the nutrient management plan when applying manure,
litter, and process wastewater, a discharge resulting from
land application at that CAFO would be a violation of the
Clean Water Act.
What are special conditions?
Some NPDES permits contain special conditions
that supplement the effluent limitations because
they address unique conditions at an operation.
Typical special conditions include BMPs, monitoring
activities, and stream surveys.
What special conditions will be included in my
NPDES CAFO permit?
The CAFO regulations establish two special
conditions that must be included in all NPDES CAFO
permits and one additional condition for only Large
CAFOs. Your permitting authority may include other
special conditions in your NPDES permit as well.
Remember to read your permit to find out what you
have to do, and contact your permitting authority
if there is anything in your NPDES permit that you
don't understand.
\% Preamble: IV.C.6 [68 FR 7229]
First special condition for all CAFOs: Develop and
implement a nutrient management plan
If you own or operate a CAFO of any size, your
NPDES permit will require you to develop and
implement a nutrient management plan. The goal
of a nutrient management plan is to minimize
your CAFO's impact on water quality. Your nutrient
management plan must describe the practices
and procedures that will be implemented at your
operation to meet all of the production area and
land application area requirements that apply
to your operation. If you own or operate a Large
CAFO (or a duck CAFO with more than 5,000
birds), your nutrient management plan must
describe how you'll achieve the discharge limits
and specific management practices described in
"Effluent limitations for Large CAFOs" on page 28 of
this guide.
\% Regulation: 40 CFR 122.42(e)(l) [68 FR 7268]
Preamble: IV.C.4 [68 FR 7226]
I, Regulation: 40 CFR 122.23(e), 412.31(b), and 412.43(b)
[68 FR 7267, 7272, and 7273]
Preamble: IV.C.2.b [68 FR 7209]
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 33
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5 What Requirements Will My NPDES Permit Contain?
What minimum elements must my nutrient management plan address?
At the least, your nutrient management plan must describe how you plan to manage nutrients and waste
for each element shown in Table 15 that applies to your operation.
Table 15. Minimum Standards for Nutrient Management Plans
Adequate Storage Capacity
Your nutrient management plan must include specific practices to ensure adequate storage capacity to protect water quality, including
provisions to ensure proper operation and maintenance of your storage facilities. Your plan should demonstrate that you are
/ Maintaining enough storage capacity in all of your liquid manure, wastewater, or storm water storage structures to ensure that you
are complying with all of your permit requirements.
/ Storing dry manure in production buildings or storage facilities, or otherwise storing it in such a way as to prevent polluted runoff.
/ Providing adequate storage capacity to ensure compliance with your state's technical standards for nutrient management.
/ Ensuring proper operation and maintenance of all manure, wastewater, and storm water storage facilities.
Storage includes structures like waste ponds, lagoons, tanks (above and below ground), stockpiles, and other structures.
Proper Management of Dead Animals
Your nutrient management plan must describe how you handle and dispose of dead animals in a manner that protects water quality.
Common practices include composting, incineration, rendering, and landfill disposal. EPA recommends that you do not bury dead
animals in pits because they might contaminate groundwater. You must not put dead animals in any liquid manure, storm water, or
process wastewater storage or treatment system unless the system is designed to handle dead animals.
Clean Water Management
Keeping clean storm water away from production areas can reduce the amount of wastewater storage needed. Your plan must describe
how you design and implement management practices to divert clean water from the production area, where appropriate. Clean water
includes rain falling on the roofs of facilities, runoff from adjacent land, and rainwater from other sources. If you don't prevent clean
water from coming into contact with manure or process wastewater, you must collect it in accordance with your permit requirements.
Preventing Your Animals from Contacting Waters of the United States
Your plan must describe how you make sure that animals and manure in the production area don't come into direct contact with
waters of the United States. Animals in the production area must not be allowed to stand in waters of the United States.
Proper Chemical Handling
Your plan must show how you handle chemicals and other contaminants. Unused and waste chemicals and other contaminants must
not be allowed to enter waste lagoons or other structures for storing manure, litter, or process wastewater, or any storm water storage
or treatment system, unless the system is designed to treat the chemicals and other contaminants. Examples of such chemicals are
pesticides, hazardous and toxic chemicals, and petroleum products and by-products.
Implementing Conservation Practices to Control Nutrient Loss
Your plan must describe how you develop and implement BMPs to control the runoff of pollutants from your production and land
application areas to waters of the United States. These practices may include residue management, conservation crop rotation,
grassed waterways, strip cropping, vegetated buffers, riparian buffers, setbacks, terracing, diversions, and other practices that are
appropriate for the conditions at your operation.
Testing Manure, Litter, Process Wastewater, and Soil
Your plan must describe the specific methods you use to test the nutrient content of manure, litter, and process wastewater. If you
apply manure from your CAFO to the land, your plan must also describe the methods you use to test the soil. Your NPDES permit will
tell you how often to test manure, litter, process wastewater, and soil.
Methods for the Land Application of Manure, Litter, and Process Wastewater
If you apply manure, litter, or process wastewater from your CAFO to land areas, your plan must describe the site-specific procedures
and practices you will use to ensure appropriate agricultural use of the nutrients in these materials. These procedures should address
the rates, timing, and method of land application. Your plan should describe the site-specific conditions that control the amount of
nutrients you apply to your land. Site-specific conditions include the results of your nutrient analyses, past nutrient applications, and
the soil types in your application fields, as well as terrain, weather conditions, and any other conditions specific to your operation.
Keeping Records
You must keep records that document your nutrient management practices. Your nutrient management plan should describe the
kinds of records you will keep to show how you are carrying out and managing the minimum standards described above. (See "What
records do I have to keep?" on page 37 of this guide.)
34 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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5 What Requirements Will My NPDES Permit Contain?
Are there any other requirements for a nutrient
management plan?
Your nutrient management plan has to describe
the practices at your operation that achieve the
discharge limits and specific management practices
in your NPDES permit. If the minimum elements
described above don't address all of the discharge
limits and specific management practices in your
permit, you'll have to include the missing elements
in your plan.
Covered, temporary poultry litter storage.
The ELG requirements for Large CAFOs require
you to implement specific BMPs for the production
and land application areas. They also put some
conditions on the land application of manure, litter,
and process wastewater. Therefore, if you have
a Large CAFO, your nutrient management plan
must describe how you'll implement, operate, and
maintain these BMPs and how you'll meet the land
application requirements.
If you operate a Small or Medium CAFO,
your NPDES permit will contain any additional
requirements for your nutrient management plan.
If you do have additional requirements for your
nutrient management plan, they will be based on the
discharge limits and specific management practices
your permitting authority sets in your permit.
When do I have to do a nutrient management plan?
Because nutrient management plans are
important tools for helping CAFO operators achieve
realistic production goals while minimizing nutrient
discharges to surface waters, EPA encourages
you to develop and implement your nutrient
management plan as soon as you can. The federal
NPDES regulation sets the deadlines shown in Table
16 for CAFOs to develop and implement nutrient
management plans, but your permitting authority
might have earlier deadlines. Be sure to check with
your permitting authority to find out what your
specific deadlines are.
If I already have a nutrient management plan, do I have
to do a new one?
Not necessarily. If the nutrient management
plan you've already done meets the requirements
in your NPDES permit, you don't have to develop a
new one. If your existing plan meets some but not
all of the minimum requirements, you may add the
missing elements to your existing plan. Any nutrient
management plan that includes all the required
elements satisfies this NPDES permit condition.
Some CAFO operators might choose to use
USDA's CNMP Technical Guidance to develop and
Table 16. Deadlines for developing and implementing nutrient management plans
If you apply for a permit before December 31, 2006:
If your CAFO is not a new source8 and your
NPDES permit is issued before December 31,
2006
Your deadline will beset by your permitting authority. The deadline will be no later
than December 31, 2006.
If your CAFO is not a new source8 and your
NPDES permit is issued after December 31,
2006
Your deadline is the date that you obtain coverage under an NPDES permit.
If your CAFO is a new source8
All CAFOs
Your deadline is the date that you obtain coverage under an NPDES permit.
If you apply for a permit after December 31, 2006:
Your deadline is the date that you obtain coverage under an NPDES permit. You
must certify in your NOI or permit application that you already have a nutrient
management plan and will implement the plan when your facility begins to operate.
'" For the definition of new source, see "New sources" on page 24 of this guide and the Glossary. The ELGs require new sources to meet the nutrient management plan
requirement immediately, no matter when their permits were issued.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 35
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5 What Requirements Will My NPDES Permit Contain?
implement a CNMP. A CNMP that follows USDA's or
your state's guidance and is developed according
to your state's technical standards probably meets
the NPDES permit requirement for a nutrient
management plan as well.
You can find USDA's CNMP Technical Guidance on the
Internet at http://policy.nrcs.usda.gov/scripts/lpsiis.dll/
H/H_180_600_E_5.httn. Contact your permitting
authority, state agricultural agency, conservation district,
or Extension Service to find information on your state's
technical standards for nutrient management.
How often should I update my nutrient management
plan?
You must update your nutrient management
plan at least once every 5 years when you reapply
for your NPDES permit, but you might need
to update your plan more often. Your nutrient
management plan should always reflect the current
situation at your operation. So, if something changes
at your operation that is addressed by your nutrient
management plan, you should update your plan to
reflect the change. For example, you should update
your plan if you increase the number of confined
animals or if you change the types of crops you
grow or where you apply manure.
Who can write my nutrient management plan?
The federal NPDES regulation doesn't require
you to use a certified planner for your nutrient
management plan, but EPA does encourage you to
work with experts, who can help make sure that
your nutrient management plan meets all regulatory
requirements and promotes sustainable agriculture.
You can work with USDA's NRCS and Cooperative
Extension, your state agriculture department, and
your permitting authority to find certified specialists
to assist with your nutrient management plan. A
well-designed nutrient management plan will help
you achieve goals and avoid compliance concerns.
^ Preamble: IV.C.5 [68 FR 7228]
Second special condition for all CAFOs: Duty to
maintain permit coverage
Every CAFO operator must maintain coverage
under an NPDES permit until the CAFO is properly
closed. In general, an operation is considered
properly closed based on showing that there
is no remaining potential for a discharge of the
manure, litter, or process wastewater that was
generated while the operation was a CAFO. This
condition applies to CAFOs that are closing down
and to CAFOs that are downsizing or making other
changes so that they will no longer meet the CAFO
definition. If you're closing or downsizing your CAFO
and your NPDES permit expires before the facility
is properly closed or while the facility might still
discharge CAFO-generated manure or wastewater,
you must reapply for an NPDES permit. Talk to your
permitting authority to find out how to comply with
this special condition.
y% Regulation: 40 CFR 122.23(h) [68 FR 7268]
Preamble: IV.C.6[68 FR 7229]
Additional special condition for Large CAFOs:
Transfer of manure, litter, and process wastewater to
other persons
If you own or operate a Large CAFO, your
NPDES permit will have a special condition for
transfers of manure, litter, or process wastewater to
other persons.
If you own or operate a Large CAFO and you
transfer manure, litter, or process wastewater to
other persons, you must
Give nutrient content information to the recipient.
If you give away or sell manure, litter, or process
wastewater from your Large CAFO, before the
transfer you must give the results of your most
recent representative nutrient analysis to the
person who takes it away.
Keep records of your transfers. (See "What
records do I have to keep?" on page 37 of
this guide.)
These requirements apply no matter how much
manure you sell or give away or who takes it.
^ Regulation: 40 CFR 122.42(e)(3) [68 FR 7268]
Preamble: IV.D [68 FR 7230]
36 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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5 What Requirements Will My NPDES Permit Contain?
What other special conditions might be in my NPDES
permit?
Your permitting authority may include special
conditions in addition to those described in this
guide. Your permitting authority might include
special conditions that
Restrict the application of manure, litter, and
process wastewater on frozen, snow-covered, or
saturated ground.
Control discharges to groundwater that is directly
connected to surface water.
Require specific application methods, such as
injection of liquid manure.
Always read your NPDES permit to find out
exactly what you have to do, and contact your
permitting authority if you don't understand
something in your permit.
\% Preamble: IV.C.6 [68 FR 7229]
What are the standard conditions of all
NPDES permits?
All NPDES permits contain standard conditions,
which include definitions, testing procedures,
requirements for keeping records and notifying the
permitting authority, penalties for noncompliance,
and your responsibilities as an NPDES permit-
holder. These responsibilities include complying
with your permit, meeting deadlines for reapplying
when your permit is due to expire, and letting the
permitting authority inspect your operation. The
standard conditions also require you to notify your
permitting authority if certain things happen at your
operation. (See "What do I have to report to the
permitting authority?" on page 38 of this guide.)
Carefully read the standard conditions section of
your NPDES permit, and contact your permitting
authority if you have any questions.
\% Regulation: 40 CFR 122.41 [64 FR 68847] (12/8/1999)
Preamble: IV.C.7 [68 FR 7229]
What records do I have to keep?
Your NPDES permit will require you to keep
certain records to show that you're complying with
the terms of the permit. You must keep all the
records on-site at your operation for 5 years, and
you must provide them to the permitting authority
upon request.
o
Records must be kept on-site at the CAFO for at least 5 years after
they were created.
What are the record-keeping requirements for all
CAFOs?
If you own or operate a CAFO of any size, you
have to keep at least the following records, as
appropriate:
A copy of your nutrient management plan.
The results of your manure, litter, and process
wastewater sampling and analysis.
The results of your soil sampling and analysis.
Records that show how you're implementing your
nutrient management plan.
\% Regulation: 40 CFR 122.42(e)(2) [68 FR 7268]
Preamble: IV.D [68 FR 7230]
EPA recommends that you keep a copy of your
permit on-site.
What are the additional record-keeping requirements
for all Large CAFOs (including horse, sheep, and
duck CAFOs)?
If you own or operate a Large CAFO, you must
keep at least the following records of transfers
of manure, litter, and process wastewater to
other persons:6
The amount of manure, litter, and process
wastewater you transferred to other persons
(estimated in tons or gallons).
The date of each transfer.
The name and address of the recipients) of
each transfer.
5 Remember that in addition to keeping records of manure, litter, and process wastewater transferred to other persons, owners or operators of Large CAFOs must also provide
the recipient with information about the nutrient content of the manure, litter, and process wastewater transferred. (See "Additional special condition for Large CAFOs: Transfer
of manure, litter, and process wastewater to other persons" on page 36 of this guide.)
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 37
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5 What Requirements Will My NPDES Permit Contain?
What are the additional record-keeping requirements
for Large beef, dairy, veal calf, swine, and
poultry CAFOs?
If you're the owner or operator of a Large beef,
dairy, veal calf, swine, or poultry CAFO, you must
also keep records that show that you're complying
with the ELG requirements for your production and
land application areas, as follows:
For production areas:
/Records of inspections. You must inspect water
lines, including drinking water or cooling
water lines, once per day, and you must also
document these inspections. EPA recommends
that CAFOs should be required to document
these inspections once per week and also on
any day on which they discover a problem. Your
permitting authority, however, will make the
final decision on how often you must document
these inspections.
/Weekly records of the depth marker reading for
manure and process wastewater in any open
liquid storage structures.
/Records of anything you do to correct problems
that you find. If it takes you longer than 30 days
to correct a problem after you find it, you must
also keep records of why you could not correct
the problem right away.
/Records of how you handle and dispose of
dead animals.
/Records of the design of your manure and litter
storage structures. You must include records of
-Volume for solids accumulation
-Approximate number of days' worth of
storage capacity.
- Design treatment volume
- Total design volume.
Your permitting authority may also require you
to keep records of the data and information that
you used to calculate the total design volume for
your storage structures.
/Records of overflows from your production
areas, including the date and time and an
estimate of the volume.
For land application areas:
/Your expected crop yields.
/The date(s) you applied manure, litter, or
process wastewater to each field.
/What the weather was like from 24 hours before
through 24 hours after each time you land
applied manure, litter, or process wastewater.
/Howyou sampled and analyzed manure, litter,
process wastewater, and soil.
/The results of the manure, litter, process
wastewater, and soil analyses.
/How you calculated your manure, litter, and
process wastewater application rates.
/The calculations you used to decide how much
nitrogen and phosphorus to apply to each field.
/Calculations that show the total amount of
nitrogen and phosphorus you actually applied to
each field.
/Howyou applied manure, litter, and process
wastewater to your land.
/The dates on which you inspected your
application equipment.
These are the minimum record-keeping
requirements of the federal CAFO regulations.
Your permitting authority may require any CAFO
(including horse, sheep, and duck CAFOs) to keep
additional records based on state regulations or BPJ
permit conditions.
Regulation: 40 CFR 412.37 and 412.47 [68 FR 7272 and
7274]
Preamble: Sections IV.C.2, IV.C.6, and IV.D [68 FR 7207,
7229, and 7230]
What do I have to report to the permitting
authority?
Your permit will require you to submit certain
reports to your permitting authority, including an
annual report and special reports of discharges,
changes to your operation, and other information.
Read your permit carefully, and contact your
permitting authority to find out exactly what you
must report.
What do I have to include in my annual report?
Once a year operators of all permitted CAFOs
have to send a report to the permitting authority.
Your NPDES permit will tell you when the annual
report is due and what it must contain. Your annual
report must include at least
The number of animals of each type confined at
your operation.
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5 What Requirements Will My NPDES Permit Contain?
An estimate of the total amount of manure,
litter, and process wastewater that your CAFO
generated in the past 12 months.
An estimate of the total amount of manure, litter,
and process wastewater that you transferred to
other persons in the past 12 months.
The total number of land application acres
covered by your nutrient management plan.
The total number of acres that you used for
land application of manure, litter, and process
wastewater in the past 12 months.
The dates and times and your estimate of the
volumes of all discharges from your production
areas in the past 12 months.
A statement of whether a certified nutrient
management planner developed or approved
your nutrient management plan. You don't
have to use a certified nutrient management
planner to develop or approve your plan, but EPA
recommends that you do.
^ Regulation: 40 CFR 122.42(e)(4) [68 FR 7268]
Preamble: IV.D [68 FR 7230]
What else do I have to report?
The standard conditions that apply to all NPDES
permits (see "What are the standard conditions of
all NPDES permits?" on page 37 of this guide) also
include the following reporting requirements:
Duty to provide information. You must provide
any information your permitting authority needs
to find out if you are complying with your NPDES
permit or to make changes to your permit.
Signatory and certification requirements. Any
applications, reports, or information you submit
must be signed and certified. The certification
must state that all the information you submit is
true and complete to the best of your knowledge.
There might be penalties if you knowingly submit
false information.
Planned changes. If you plan to make any
changes to your CAFO that will affect your
ability to comply with your NPDES permit, you
have to notify your permitting authority as soon
as possible.
Anticipated noncompliance. You must notify
your permitting authority if you know that
something is going to happen at your facility that
would cause you to be out of compliance with
your NPDES permit. Failing to do so could result
in penalties.
Twenty-four-hour reporting. If you have a
discharge (or other noncompliance event) at
your CAFO that could endanger human health
or the environment, you must report it verbally
within 24 hours. Within 5 days, you must submit
a written statement describing the discharge or
noncompliance. Your description must include
what caused the discharge, when it started, how
long it lasted, what you did to stop the discharge,
and how you'll prevent the problem in the future.
Other noncompliance. You must report all
instances of noncompliance that you do not
otherwise report. Each report must contain the
information described above for twenty-four
hour reporting.
Other information. If you find out that you failed
to submit any important facts in your application,
or that you submitted incorrect information in
your application or other reports, you must submit
the correct information right away.
^ Regulation: 40 CFR 122.41 (h), (k), and (l)(l), (2), (6), (7),
and (8)
Terraces, conservation tillage, and conservation buffers save
soil and improve water quality.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 39
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5 What Requirements Will My NPDES Permit Contain?
40 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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What Is the Compliance Assurance Process?
EPA's goal in revising the CAFO regulations is
to restore and protect water quality. EPA wants to
help CAFO owners and operators comply with the
regulations to minimize the environmental risks
from their operations. EPA (or a state permitting
authority) is also responsible for enforcing the
regulations and may issue an order to comply. Such
an order might or might not impose penalties on
operators who don't comply. Read on to find out
where you can get help to comply, and what to do
and expect if you find that you're out of compliance
with the CAFO regulations.
Where can I get help?
For help in understanding the regulations,
permitting process, and permit requirements, it's
best to contact your NPDES permitting authority.
Even if you don't have an NPDES permit, the
permitting authority for CAFOs in your state can
explain what the regulations are all about and
whether you need an NPDES permit. You can find
contact information for your permitting authority
in the appendix or on EPA's Web site at http://
www.epa.gov/npdes/afo/statecontacts.
EPA can also help you understand the
regulations and permitting process. You can find
information about the regulations (including
animal sector-specific brochures, frequently asked
questions, and the text of the regulations) on EPA's
Web site at http://www.epa.gov/npdes/caforule.
In addition, EPA plans to publish more
information to help you use different technologies
and management practices at your CAFO to comply
with the regulations.
EPA's National Agriculture Compliance
Assistance Center, or Ag Center, is a good starting
point to find help. The Ag Center has information
on many topics, including BMPs, education and
training, laws, and research.
EPA's National Agricultural Compliance Assistance
Center
Telephone: 1-888-663-2155
E-mail: agcenter@epa.gov
Web site: http://www.epa.gov/agriculture
Mailing address: 901 North 5th Street, Kansas City, KS
66101
USDA has voluntary financial and technical
assistance programs that can help CAFO owners
and operators comply with the regulations. AFO
operators might be able to use these programs to
avoid or eliminate conditions that could qualify their
operations as CAFOs (such as discharging pollutants
through a man-made ditch or pipe, having animals
in direct contact with a stream running through the
production area, or being a significant contributor of
pollutants to waters of the United States).
The Environmental Quality Incentives Program
(EQIP) can provide up to 75 percent cost-share
for storage structures and management practices.
Cost-share for limited-resources producers can
be even higher (up to 90 percent). EQIP assists
producers in complying with federal, state and local
environmental laws. If a producer has been accused
of violating a law or regulation but is in the position
of voluntarily applying a conservation practice to
comply with the law or regulation, the producer
may be eligible for EQIP financial assistance.
However, EQIP financial assistance is not available
for conservation practices required as a result of a
judicial action or regulatory enforcement order.
The Conservation Reserve Program (CRP)
provides annual rental payments for land devoted
to special conservation practices such as riparian
buffers and filter strips under the continuous signup
provisions. This acreage may be enrolled at any
time and is not subject to competitive bidding. The
contract duration is 10 to 15 years. CRP could help
Large CAFOs comply with the vegetated buffer
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 41
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6 What is the Compliance Assurance Process?
requirement, in lieu of the 100-foot setback. All
CAFOs are eligible for these programs.
More funds are available to AFOs from EPA
and the Small Business Administration. You might
also be able to get funds or technical assistance
from your state or local government. You can find
a description of these and other programs in EPA's
draft Financial Assistance Summaries for AFOs.
EPA's draft Financial Assistance Summaries for AFOs is
available on the Internet: http://www.epa.gov/npdes/
pubs/financial_assistance_summaries.pdf.
You can also contact your local NRCS office,
Farm Services Agency (FSA), or Cooperative
Extension Service for more information on the
financial and technical assistance available for AFOs
and CAFOs.
USDA Contact Information on the Internet
NRCS: http://www.nrcs.usda.gov/about/organization/
regions.html
FSA: http://www.fsa.usda.gov/edso/Default.htm
Extension: http://www.reeusda.gov/1700/statepartners/
usa.htm
How do I minimize harm if I think I'm out of
compliance?
If you think you're not complying because of a
discharge of waste to a water body, your first step
is to stop the discharge. For example, if a pipe is
broken, close the valve to stop flow to that pipe.
Then use a temporary barrier like a temporary dirt
dam to keep the discharge out of the water body. If
the discharge could endanger human health or the
environment, you must report it to the permitting
authority verbally within 24 hours and in writing
within 5 days.
You should clean up waste spills as soon as
possible to help keep waste from flowing into a
water body when storm water runs off. Collect the
spilled waste with a suitable tool. You may apply
the waste to agricultural land if it will not violate the
land application restrictions in your NPDES permit.
Otherwise, you may put the waste in a lagoon or
other storage area.
If you're not complying because you applied
too much manure, litter, or process wastewater to
a field or applied in an area not allowed by your
permit, you must stop the land application at once.
If you can, you should clean up any excess as
described above. You may continue land application
only when it will not violate the land application
restrictions in your NPDES permit. You should
also check your land application equipment and
procedures to see if changing them can prevent
future application problems.
If you're at risk of not complying because
your lagoon is getting too full to maintain the
extra storage needed for a large storm, you might
consider applying waste from the lagoon to
agricultural land if you can do so without violating
the land application restrictions in your NPDES
permit and nutrient management plan. If you have
new land application areas, be sure to follow the
required nutrient management procedures (such
as soil testing) and land application restrictions
(such as buffers and setback requirements). If there
are no land application areas on your land, you
might be able to find other suitable places for land
application by negotiating with neighboring farms.
You should also make temporary changes that
reduce the amount of liquid flowing into the lagoon.
For example, if animal buildings are scheduled for
clean-out, postpone the clean-out until lagoon levels
are lower or reduce the amount of water you use for
clean-out.
How will EPA know my operation is complying
with environmental requirements?
EPA and the state permitting authorities use
several approaches to monitor compliance with
environmental regulations.
Inspections. EPA and the state permitting
authorities may periodically inspect facilities subject
to these regulations. They might inspect your
operation because it was the subject of a citizen
complaint or tip, because it was randomly selected,
or because it was targeted for inspection based on
your state's targeting method. EPA and the state
permitting authorities conduct two main types of
inspections at AFOs:
1. Inspections that help to decide whether a facility
is a CAFO and should have a permit.
2. Inspections to determine whether a permitted
CAFO is in compliance with its NPDES permit.
Permits, records, and reports. Your permitting
authority will monitor the information you submit,
42 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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6 What is the Compliance Assurance Process?
including your annual report. Your permitting
authority might also request a copy of your nutrient
management plan.
Self-audit and self-disclosure. You're
responsible for ensuring that your CAFO is always
in compliance with the conditions in your NPDES
permit. EPA encourages you to take advantage of its
Audit Policy or Small Business Policy if you find that
you're not complying. These policies are discussed
in more detail in "If I find a violation, how can I
work with EPA to correct it?" on this page.
What will an inspector look at?
If you own or operate a CAFO, it must be
covered by an NPDES permit unless you have
received a "no potential to discharge" determination
(as described in "Are there any CAFOs that do not
need a permit?" on page 17 of this guide). Your
permitting authority might inspect your CAFO to
make sure you're complying with the requirements
in your permit. The inspector will make sure there
has been no unauthorized discharge of manure,
litter, or process wastewater to surface waters. The
Clean Water Act doesn't allow such discharges
except when they're authorized by a permit. For
example, runoff from feedlots and spillover from
lagoons, except in certain special circumstances,
are violations. The inspector will examine your
manure management system(s) and any areas
where manure, litter, or process wastewater is land
applied. The inspector will ask for your nutrient
management plan and might check your operation
to make sure you're following the plan. The
inspector will check for the following:
Is any manure, litter, or process wastewater being
discharged to surface water, or is there any sign of
a recent discharge?
How are manure, litter, and process wastewater
handled? Is a discharge likely because of the way
manure, litter, or process wastewater is being
collected, stored, or land applied?
Do you have a nutrient management plan? Are
you following the nutrient management plan? Is
your nutrient management plan up-to-date? Does
your plan
/Ensure adequate storage of manure, litter, and
process wastewater and proper operation and
maintenance of storage facilities?
/Address dead animal handling?
/Address keeping clean water and wastewater
separate?
/Address keeping animals out of surface waters?
/Ensure that chemicals and pesticides are
handled properly (for example, not disposed of
in the lagoon)?
/Implement site-specific conservation practices
such as vegetated buffers?
/Address when and how to test manure,
wastewater, and soil?
/Ensure proper land application practices for
manure and process wastewater?
/Specify what records you should keep?
Are you keeping the required records?
If I find a violation, how can I work with EPA to
correct it?
EPA gives incentives to promote environmental
compliance. EPA or your state permitting
authority can waive or reduce your penalty if you
participate in compliance incentives programs or
voluntarily report and correct violations as soon
as possible. EPA has two policies that could apply
to CAFOs regulated by the NPDES regulation and
ELGs for CAFOs. (These policies do not apply if
your permitting authority has already started an
enforcement action.)
Audit Policy. "Incentives for Self-Policing:
Discovery, Disclosure, Correction and Prevention
of Violations" (60 FR 66706) is known as the
Audit Policy. EPA created this policy to encourage
operations of all sizes to voluntarily find and
promptly report and correct violations of
environmental regulations.
Small Business Policy. EPA developed its
"Policy on Compliance Incentives for Small
Businesses" to help small businesses (with 100
or fewer employees) comply with environmental
regulations. The Policy creates benefits for
businesses that make a good faith effort to
comply with environmental regulations before
a government agency discovers a violation or
otherwise takes an enforcement action. The Policy
offers incentives (like penalty waivers or penalty
reductions) for businesses that take part in on-
site compliance assistance programs or conduct
environmental audits to find, report, and correct
violations. The Policy is being changed to broaden
when and how a small business may use it.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 43
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6 What is the Compliance Assurance Process?
EPA Policies on the Internet
Audit Policy:
http://www.epa.gov/compliance/resources/policies/incentives/auditing/finalpolstate.pdf
Small Business Policy:
http://www.epa.gov/compliance/resources/policies/incentives/smallbusiness/index.html
Clean Water Act Settlement Penalty Policy:
http://www.epa.gov/compliance/resources/policies/civil/cwa/cwapol.pdf
If EPA finds a violation, how might it respond?
To get the best compliance, EPA uses a balanced
program of compliance assistance, compliance
incentives, and traditional enforcement.
EPA knows that small business owners want to
do the right thing by complying with complicated
new laws or rules but might not have the
knowledge, resources, or skills to do so.
Compliance assistance and technical advice
help small business owners to understand and
meet their environmental obligations. "Where
can I get help?" on page 41 of this guide has more
information on compliance assistance.
Compliance incentives like EPA's Small
Business Policy encourage people to voluntarily
find, report, and correct violations before the
government finds the violations. "If I find a
violation, how can I work with EPA to correct it?"
on page 43 of this guide has more information on
compliance incentives.
EPA uses different methods to know whether
businesses are complying. These include inspecting
facilities, reviewing records and reports, and
responding to citizen complaints. If EPA or a state
agency learns a person may be violating the law,
EPA or the state will review the facility's compliance
history before deciding what steps to take.
EPA's enforcement program protects all of
us by targeting facilities that don't comply with
the Clean Water Act. The Clean Water Act allows
EPA to bring civil or criminal actions against
business owners who violate their permits or do
not obtain permits as required. EPA and the states
have specific procedures for reviewing annual
reports and inspection reports to decide what type
of enforcement is appropriate. Typical types of
enforcement actions include the following (listed in
order of severity):
A telephone call
A Notice of Violation
An Administrative Order
An Administrative Order with penalty
A civil lawsuit
Criminal prosecution
The penalty in a given case will depend on
many things, including
The number, length, and severity of the violations
The economic benefit obtained by the violator
The violator's ability to pay
EPA has a Clean Water Act settlement Penalty
Policy to deter noncompliance, ensure violators
do not obtain an economic advantage over their
competitors, and encourage national consistency
in civil penalty calculations. Any company that EPA
sues may dispute the allegations.
EPA knows that the greatest possible
environmental protection is achieved by
encouraging businesses to find, report, and correct
violations. That's why EPA issued self-disclosure
and small business policies to eliminate or reduce
penalties for small and large businesses that
cooperate to address compliance problems. In
addition, EPA provides compliance assistance
centers that serve over a million small businesses.
For more information on these and other EPA
programs for small businesses, contact EPA's Small
Business Ombudsman.
EPA's Small Business Ombudsman Hotline:
1-800-368-5888
44 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Glossary
AFO-animal feeding operation
BMP-best management practice
BPJ-best professional judgment
CAFO-concentrated animal feeding operation
CNMP'-comprehensive nutrient management plan
CRP'-Conservation Reserve Program
ELG-effluent limitations guideline
EPA-[United States] Environmental Protection Agency
EPA OECA-EPA's Office of Enforcement and Compliance Assurance
EPA OWM-EPA's Office of Wastewater Management
EQIP-Environmental Quality Incentives Program
FIFRA-Federal Insecticide, Fungicide, and Rodenticide Act
FSA-[USDA's] Farm Service Agency
NOI-Notice of Intent
NPDES-National Pollutant Discharge Elimination System
NRCS-[USDA's] Natural Resources Conservation Service
NSPS-New Source Performance Standards
SBREFA-Small Business Regulatory Enforcement Fairness Act
SPCC-Spill Prevention, Containment, and Countermeasure
USDA-United States Department of Agriculture
This glossary contains definitions of some of the terms used in the Producers' Compliance Guide for
CAFOs. Many terms are also defined throughout the guide. The NPDES regulations include definitions of
additional terms at 40 CFR Parts 122.2, 122.23(b), 412.2, 412.4(b), and 412.21.
10-year, 24-hour storm; 25-year, 24-hour storm; 100-year, 24-hour storm
The CAFO regulation defines these terms as a mean precipitation event with a probable recurrence
interval or once in 10 years, or 25 years, or 100 years, respectively, as defined by the National Weather
Service in Technical Paper No. 40, "Rainfall Frequency Atlas of the United States," May 1961, or equivalent
regional or state rainfall probability information developed from this source [40 CFR 412.2(i)].
agricultural storm water discharge
According to the CAFO regulation, where manure, litter or process wastewater has been applied in
accordance with site specific nutrient management practices that ensure appropriate agricultural
utilization of the nutrients in the manure, litter or process wastewater, as specified in 40 CFR
122.42(e)(l)(vi)-(ix), a precipitation-related discharge of manure, litter or process wastewater from land
areas under the control of a CAFO is an agricultural storm water discharge. [40 CFR 122.23(e)]
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs 45
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Glossary
animal feeding operation (AFO)
The CAFO regulation defines AFO as a lot or facility (other than an aquatic animal production facility)
where the following conditions are met:
a. Animals (other than aquatic 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
b. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. [40 CFR 122.23(b)(l)]
best management practice (BMP)
The NPDES regulations define BMPs as schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of waters of the United
States. BMPs also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
[40 CFR 122.2]
concentrated animal feeding operation (CAFO)
The CAFO regulation defines CAFO as an AFO that is defined as a Large CAFO or as a Medium CAFO in
the regulations, or that is designated as a CAFO by the permitting authority. Two or more AFOs under
common ownership are considered to be a single AFO for the purposes of determining the number of
animals at an operation, if they adjoin each other or if they use a common area or system for the disposal
of wastes. [40 CFR 122.23(b)(2)]
discharge criteria
When used in this guide, discharge criteria refers to conditions established in the CAFO regulations to
describe the circumstances under which a medium-sized AFO is defined as a CAFO or a small-sized AFO
maybe designated as a CAFO. These conditions are the following:
1. Pollutants are discharged into waters of the United States through a man-made ditch, flushing system, or
other similar man-made device.
2. 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 animals confined in
the operation. [40 CFR 122.23(b)(6)(ii)]
effluent limitations
The NPDES regulations define effluent limitations as follows: Any restriction imposed by the Director on
quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into
waters of the United States, the contiguous zone, or the ocean. [40 CFR 122.2]
effluent limitations guideline (ELG)
AnELG is a technical EPA document that sets effluent limits for a given industry and its pollutants.
[http://www.epa.gov/OCEPAterms/]
land application area
The CAFO regulation defines land application area as land under the control of an AFO owner or
operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater from the
production area is or maybe applied. [40 CFR 122.23(b)(3)]
46 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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Glossary
National Pollutant Discharge Elimination System (NPDES)
The NPDES program is a program under the Clean Water Act that prohibits the discharge of pollutants into
waters of the United States unless a special permit is issued by EPA; a state; or, where delegated, a tribal
government on an Indian reservation. [http://www.epa.gov/OCEPAterms/]
Notice of Intent (NOI)
AnNOI is a notification submitted to a permitting authority to indicate that a discharger intends to be
covered under a general permit and will comply with the permit conditions. For CAFOs, a notice of intent
to be covered under a general permit must include the information specified in 40 CFR 122.21(0(1) and
any other information specified by the permitting authority in the general permit.
NPDES permit
An NPDES permit is an authorization, license, or equivalent control document issued by EPA or an
approved state agency to implement the requirements of the NPDES regulations; for example, a permit to
operate a CAFO.
permitting authority
A permitting authority is a state agency (or other governmental entity such as a tribal government) that
has received authority from EPA to administer the NPDES program. For states that ave not received
authority from EPA to administer the NPDES program, the EPA Regional Administrator is the permitting
authority. (See the Appendix to this guide for a list of NPDES permitting authorities.)
process wastewater
The CAFO regulation defines process wastewater as water directly or indirectly used in the operation
of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems;
washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct contact swimming,
washing, or spray cooling of animals; or dust control. Process wastewater also includes any water which
comes into contact with any raw materials, products, or by-products including manure, litter, feed, milk,
eggs or bedding. [40 CFR 122.23(b)(7)]
production area
The CAFO regulation defines production area as the part of an AFO that includes the animal confinement
area, the manure storage area, the raw materials storage area, and the waste containment areas. The
animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement
houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens,
walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons,
runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles,
and composting piles. The raw materials storage area includes but is not limited to feed silos, silage
bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins,
and areas within berms and diversions which separate uncontaminated storm water. Also included in
the definition of production area is any egg washing or egg processing facility, and any area used in the
storage, handling, treatment, or disposal of mortalities. [40 CFR 122.23(b)(8)]
surface water
Where this guide says surface water, it means "waters of the United States." (See the definition of "waters
of the United States" on page 48 of this guide.)
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Glossary
waters of the United States
The Code of Federal Regulations defines waters of the United States as follows:
a. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or
foreign commerce, including all waters which are subject to the ebb and flow of the tide;
b. All interstate waters including interstate wetlands;
c. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use,
degradation, or destruction of which would affect or could affect interstate or foreign commerce
including any such waters:
1. Which are or could be used by interstate or foreign travelers for recreational or other purposes;
2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
3. Which are used or could be used for industrial purposes by industries in interstate commerce;
d. All impoundments of waters otherwise defined as waters of the United States under this definition;
e. Tributaries of waters identified in paragraphs (a) through (d) of this definition;
f. The territorial sea; and
g. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs
(a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the
Clean Water Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria
of this definition) are not waters of the United States. This exclusion applies only to manmade bodies
of water which neither were originally created in waters of the United States (such as disposal area in
wetlands) nor resulted from the impoundment of waters of the United States. [At 45 FR 48620, July 21,
1980, the Environmental Protection Agency suspended until further notice in § 122.2, the last sentence,
beginning "This exclusion applies ..." in the definition of "Waters of the United States."] Waters of the
United States do not include prior converted cropland. Notwithstanding the determination of an area's
status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act,
the final authority regarding Clean Water Act jurisdiction remains with EPA. [40 CFR 122.2]
[Note: EPA and the U.S. Army Corps of Engineers issued an Advance Notice of Proposed Rulemaking on
the regulatory definition of waters of the United States on January 15, 2003 [68 FR 1991 ]. Information on the
proposed rulemaking and any changes in the definition of waters of the United States is available on the
Internet at http://www.epa.gov/owow/wetlands/swanccnav.html.]
48 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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n~
Appendix
CAFO Permitting Authorities and Contact Information
To find contact information for your permitting authority, look up your state in the alphabetical list. For
each state, you will find the following information:
Permitting The state agency or EPA regional office
Authority: responsible for running the CAFO program and
issuing NPDES permits to CAFOs in your state.
Web site: The URL or Web address where you can find
your permitting authority's home page or CAFO
Program page on the Internet.
Contact: The state agency or EPA regional employee you
can contact for additional information on the
requirements for CAFOs in your state.
Address: The mailing address for your permitting
authority's contact person. Note: This is the
mailing address to use for corresponding
with the contact person. Do not send permit
applications or other forms to this address
unless specifically instructed to do so.
Phone: The telephone number for your permitting
authority's contact person or the contact
person's office.
Fax: The fax number for your permitting authority's
contact person or the contact person's office.
E-mail: The e-mail address for your permitting
authority's contact person.
EPA has approved most states to run their own regulatory and permitting programs for CAFOs. Alaska,
Idaho, Massachusetts, New Hampshire, New Mexico, and Oklahoma are states that EPA has not approved to
run the permitting program for CAFOs. In these states, EPA is the permitting authority and will issue NPDES
permits for CAFOs.
The permitting authority information and contacts in this list are current as of August 2003. An updated
list is maintained on EPA's Web site at http://www.epa.gov/npdes/afo/statecontacts.
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs A-l
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C/AFO Permitting Authorities and Contact Information
Alabama
Permitting Alabama Department of Environmental
Authority: Management
Web site: http://www.adem.state.al.us
Contact: Richard Hulcher
Address: P.O. Box 301463
1400 Coliseum Boulevard
Montgomery, AL 36130-1463
Phone: (334) 394-4326
Fax: not available
E-mail: rfh@adem.state.al.us
Permitting U.S. Environmental Protection Agency, Region 10
Authority:
Web site: http://yosemite.epa.gov/R10/WATER.NSF
Contact: Bob Robichaud
Address: 1200 6th Avenue
Seattle, WA 98101-1128
Phone: (206) 553-1448
Fax: (206) 553-0165
E-mail: robichaud.robert@epa.gov
Permitting Arizona Department of Environmental Quality,
Authority: Office of Water Quality
Web site: http://www.adeq.state.az.us
Contact: Kenneth Johnson
Address: 1110 West Washington Street
(MC5000)
Phoenix, AZ 85007
Phone: (602) 771-4469
Fax: not available
E-mail: Johnson.Kenneth@ev.state.az.us
Arkansas
Permitting Arkansas Department of Environmental Quality
Authority:
Web site: http://www.adeq.state.ar.us
Contact: Mo Shafii
Address: 8001 National Drive
P.O. Box 8913
Little Rock, AR 72219-8913
Phone: (501) 682-0616
Fax: not available
E-mail: not available
California
Permitting California State Water Resources Control Board,
Authority: Division of Water Quality
Web site: http://www.swrcb.ca.gov/
Contact: John Menke
Address: 10011 Street
15th Floor
Sacramento, CA 95814
Phone: (916) 341-5587
Fax: not available
E-mail: menkj@swrcb.ca.gov
Connecticut
Permitting Connecticut Department of Environmental
Authority: Protection, Bureau of Water Management,
Permitting, Enforcement & Remediation Division
Web site: http://dep.state.ct.us/wtr/prgactiv.htm
Contact: Michael Harder
Address: 79 Elm Street
Hartford, CT 06106-5127
Phone: (806) 424-3701
Fax: not available
E-mail: harder.michael@po.state.ct.us
Colorado
Permitting Colorado Department of Public Health &
Authority: Environment, Water Quality Control Division
Web site: http://www.cdphe.state.co.us/wq/wqhom.asp
Contact: RonJepson
Address: 4300 Cherry Creek Drive, S
Denver, CO 80246-1530
Phone: (303) 692-3520
Fax: (303) 782-0390
E-mail: ron.jepson@state.co.us
Delaware
Permitting Delaware Department of Natural Resources
Authority: & Environmental Control, Division of Water
Resources
Web site: http://www.dnrec.state.de.us/dnrec2000/
WaterResources.asp
Contact: Kevin Donnelly
Address: 89 Kings Highway
P.O. Box 1401
Dover, DE 19901
Phone: (302) 739-4860
Fax: not available
E-mail: kdonnelly@state.de.us
A-2 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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C/AFO Permitting Authorities and Contact Information
Permitting Florida Department of Environmental Protection Permitting
Authority: Authority:
Website: http://www.dep.state.fl.us/ Website:
Contact: Vince Seibold Contact:
Address: 2600 Blair Stone Road Address:
Mail Stop: 3540
Tallahassee, FL 32399-2400
Phone: (850) 245-8590 Phone:
Fax: not available Fax:
E-mail: vince.seibold@dep.state.fl.us E-mail:
Georgia
Georgia Department of Natural Resources,
Environmental Protection Division
http://www.state.ga.us/dnr/environ/
Tom Hopkins
4220 International Parkway, Suite 101
Atlanta Tradeport
Atlanta, GA 30354
(404) 362-4916
not available
tom_hopkins@mail.dnr.state.ga.us
Permitting Hawaii Department of Health, Environmental
Authority: Management Division
Web site: http://www.hawaii.gov/health/index.html
Contact: Denis Lau, P.E.
Address: 919 Ala Moana Blvd.
Room 301
Honolulu, HI 96814
Phone: (808) 586-4309
Fax: (808) 586-4352
E-mail: dlau@eha.health.state.hi.us
Permitting U.S. Environmental Protection Agency, Region 10
Authority:
Web site: http://yosemite.epa.gov/R10/WATER.NSF
Contact: Bob Robichaud
Address: 1200 6th Avenue
Seattle, WA 98101-1128
Phone: (206) 553-1448
Fax: (206) 553-0165
E-mail: Robichaud.robert@epa.gov
Permitting Illinois Environmental Protection Agency, Bureau Permitting
Authority: of Water Authority:
Website: http://www.epa.state.il.us/water/ Website:
Contact: Bruce Yurdin Contact:
Address: 1021 North Grand Avenue, E Address:
P.O. Box 19276
Springfield, IL 62794-9276
Phone: (217) 782-3362 Phone:
Fax: (217) 785-1225 Fax:
E-mail: bruce.yurdin@epa.state.il.us E-mail:
Indiana Department of Environmental
Management, Office of Water Quality
http://www.in.gov/idem/water/
Steven Roush
100 North Senate Avenue
P.O. Box 6015
Indianapolis, IN 46206-6015
(317) 232-8706
(317) 232-8637
sroush@dem.state.in.us
Permitting Iowa Department of Natural Resources
Authority:
Web site: http://www.iowadnr.com/
Contact: Reza Khosravi
Address: 900 East Grand Avenue
Henry A. Wallace State Office Bldg.
Des Moines, IA 50319-0034
Phone: (515) 242-6128
Fax: (515) 281-8895
E-mail: reza.khosravi@dnr.state.ia.us
Permitting Kansas Department of Health & Environment,
Authority: Bureau of Water, Livestock Waste Management
Web site: http://www.kdhe.state.ks.us/environment/
Contact: John Harsch
Address: 1000 Southwest Jackson Street
Topeka, KS 66612-1367
Phone: (785) 296-0075
Fax: (785) 296-5509
E-mail: jharsch@kdhe.state.ks.us
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs A-3
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C/AFO Permitting Authorities and Contact Information
Kentucky
Permitting Kentucky Department for Environmental
Authority: Protection, Division of Water
Web site: http://www.water.ky.gov/
Contact: Bruce Scott
Address: Frankfort Office Park
14 Reilly Road
Frankfort, KY 40601-1189
Phone: (502) 564-3410
Fax: not available
E-mail: bruce.scott@mail.state.ky.us
Louisiana
Permitting Louisiana Department of Environmental Quality
Authority:
Web site: http://www.deq.state.la.us/
Contact: Tom Killeen
Address: P.O. Box 82135
Baton Rouge, LA 70884-2215
Phone: (225) 765-0100
Fax: not available
E-mail: tom_k@deq.state.la.us
Permitting Maine Department of Environmental Protection,
Authority: Bureau of Land and Water Quality, Division of
Water Resources
Web site: http://www.state.me.us/dep/blwq/index.htm
Contact: Greg Wood
Address: State House Station 17
Augusta, ME 04333
Phone: (207) 287-7693
Fax: not available
E-mail: gregg.wood@state.me.us
Maryland
Permitting Maryland Department of the Environment
Authority:
Web site: http://www.mde.state.md.us/
Contact: Robert Summers
Address: 1800 Washington Blvd.
Baltimore, MD 21230
Phone: (410) 631-3567
Fax: not available
E-mail: bsummers@mde.state.md.us
Massachusetts
Permitting U.S. Environmental Protection Agency, Region 1
Authority:
Web site: http://www.epa.gov/regionl/npdes/mass.html
Contact: Brian Pitt
Address: One Congress Street, Suite 1100
Boston, MA 02114-2023
Phone: (617) 918-1875
Fax: not available
E-mail: pitt.brian@epa.gov
Michigan
Permitting Michigan Department of Environmental Quality,
Authority: Water Division
Web site: http://www.michigan.gov/deq
Contact: Ronda Wuycheck
Address: P.O. Box 30273
Lansing, Ml 48909-7773
Phone: (517) 241-7832
Fax: (517) 373-2040
E-mail: wuychecr@michigan.gov
Minnesota
Permitting Minnesota Pollution Control Agency, Regional
Authority: Environmental Management Division
Web site: http://www.pca.state.mn.us/about/rem.html
Contact: Wayne Anderson
Address: 520 Lafayette Road, N
St. Paul, MN 55155-4194
Phone: (651) 296-7323
Fax: (651) 297-2343
E-mail: wayne.p.anderson@pca.state.mn.us
Mississippi
Permitting Mississippi Department of Environmental Quality
Authority:
Web site: http://www.deq.state.ms.us/newweb/
homepages.nsf
Contact: Bryan Collins
Address: P.O. Box 10385
Jackson, MS 39289-0385
Phone: (601) 961-5239
Fax: not available
E-mail: bryan_collins@deq.state.ms.us
A-4 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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C/AFO Permitting Authorities and Contact Information
Missouri
Permitting Missouri Department of Natural Resources,
Authority: Permits Section, Water Pollution Control Program
Web site: http://www.dnr.state.mo.us/wpscd/wpcp/
homewpcp.htm
Contact: Tony Dohmen
Address: 205 Jefferson Street
P.O. Box 176
Jefferson City, MO 65102-0176
Phone: (573) 751 -1398
Fax: (573) 751 -9396
E-mail: nrdohmt@mail.dnr.state.mo.us
Nebraska
Permitting Nebraska Department of Environmental Quality,
Authority: Water Quality Division, Agriculture Section
Web site: http://www.deq.state.ne.us/
Contact: Dennis Heitmann
Address: 1200 N Street, Suite 400
P.O. Box 98922
Lincoln, NE 68509
Phone: (402) 471-4288
Fax: (402) 471-2909
E-mail: dennis.heitmann@ndeq.state.ne.us
Montana
Permitting Montana Department of Environmental Quality,
Authority: Permitting and Compliance Division, Water
Protection Bureau
Web site: http://www.deq.state.mt.us/pcd/wpb/index.asp
Contact: Kari Smith
Address: P.O. Box 200901
Helena, MT 59620-0901
Phone: (406) 444-1454
Fax: not available
E-mail: karsmith@state.mt.us
Permitting Nevada Division of Environmental Protection,
Authority: Bureau of Water Pollution Control
Web site: http://ndep.nv.gov/bwpc/bwpc01.htm
Contact: Bruce Holmgren
Address: 333 West Nye Lane
Suite 138
Carson City, NV 89706-0851
Phone: (775) 687-9423
Fax: not available
E-mail: bholmgre@ndep.state.nv.us
New Hampshire
Permitting U.S. Environmental Protection Agency, Region 1
Authority:
Web site: http://www.epa.gov/regionl/npdes/
newhampshire.html
Contact: Brian Pitt
Address: One Congress Street, Suite 1100
Boston, MA 02114-2023
Phone: (617) 918-1875
Fax: not available
E-mail: pitt.brian@epa.gov
New Jersey
Permitting New Jersey Department of Environmental
Authority: Protection, Bureau of Nonpoint Pollution Control
Web site: http://www.state.nj.us/dep/dwq/nonpoint.htm
Contact: Bruce Friedman
Address: 401 East State Street
P.O. Box 29
Trenton, NJ 08625-0029
Phone: (609) 633-7021
Fax: (609) 984-2147
E-mail: bfriedman@dep.state.nj.us
New Mexico
Permitting U.S. Environmental Protection Agency, Region 6
Authority:
Web site: http://www.epa.gov/region6/
Contact: Kenneth Huffman
Address: 1445 Ross Avenue
Dallas, TX 75202-2733
Phone: (214) 665-7504
Fax: (214) 665-2191
E-mail: huffman.kenneth@epa.gov
New York
Permitting New York Department of Environmental
Authority: Conservation, Division of Water
Web site: http://www.dec.state.ny.us/website/dow/
Contact: Joseph DiMura
Address: 625 Broadway
4th Floor
Albany, NY 12233-3505
Phone: (518) 402-8117
Fax: (518) 402-9029
E-mail: jxdimura@gw.dec.state.ny.us
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs A-5
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C/AFO Permitting Authorities and Contact Information
North Carolina
Permitting North Carolina Department of Environment,
Authority: Health & Natural Resources, Division of Water
Quality, Non-Discharge Branch
Web site: http://www.enr.state.nc.us/
Contact: Dennis Ramsey
Address: 1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 733-5083 x528
Fax: not available
E-mail: dennis.ramsey@ncmail.net
Permitting Ohio Environmental Protection Agency, Division
Authority: of Surface Water
Web site: http://web.epa.state.oh.us/dsw/
Contact: Cathy Alexander
Address: 122 South Front Street
P.O. Box 1049
Columbus, OH 43216-1049
Phone: (614) 644-2021
Fax: (614) 644-2745
E-mail: cathy_alexander@epa.state.oh.us
Oregon
Permitting Oregon Department of Agriculture , Natural
Authority: Resources Division
Web site: http://www.oda.state.or.us/nrd/index.html
Contact: Debbie Gorham
Address: 635 Capitol Street, NE
Salem, OR 97310
Phone: (503) 986-4700
Fax: not available
E-mail: dgorham@oda.state.or.us
Puerto Rico
Permitting U.S. Environmental Protection Agency, Region 2
Authority:
Web site: http://www.epa.gov/Region2/water/wpb/
npdes.htm
Contact: Andrea Coats
Address: 290 Broadway
New York, NY 10007-1866
Phone: (212) 637-3850
Fax: (212) 637-3772
E-mail: coats.andrea@epa.gov
North Dakota
Permitting North Dakota Health Department, Division of
Authority: Water Quality, Environmental Health Section
Web site: http://www.health.state.nd.us/wq/
Contact: Gary Bracht
Address: 1200 Missouri Avenue
P.O. Box 5520
Bismarck, ND 58502-5520
Phone: (701) 328-5227
Fax: (701) 328-5200
E-mail: gbracht@state.nd.us
Okahoma
Permitting U.S. Environmental Protection Agency, Region 6
Authority:
Web site: http://www.epa.gov/region6/
Contact: Kenneth Huffman
Address: 1445 Ross Avenue
Dallas, TX 75202-2733
Phone: (214) 665-7504
Fax: (214) 665-2191
E-mail: huffman.kenneth@epa.gov
Pennsylvania
Permitting Pennsylvania Department of Environmental
Authority: Protection, Bureau of Watershed Management
Web site: http://www.dep.state.pa.us/dep/deputate/
watermgt/wqp/wqp_wm/cafo_home.htm
Contact: Cedric Karper
Address: 400 Market Street
P.O. Box 8465, Rachel Carson State Office Bldg.,
llth floor
Harrisburg, PA 17105-8465
Phone: (717) 783-7577
Fax: not available
E-mail: ckarper@state.pa.us
Rhode Island
Permitting Rhode Island Department of Environmental
Authority: Management, Office of Water Resources
Web site: http://www.state.ri.us/dem/programs/benviron/
water/index.htm
Contact: Eric Beck
Address: 235 Promenade Street
Providence, Rl 02908
Phone: (401) 222-4700
Fax: not available
E-mail: Ebeck@dem.state.ri.us
A-6 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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C/AFO Permitting Authorities and Contact Information
South Carolina
Permitting South Carolina Department of Health
Authority: Environmental Control
Web site: http://www.scdhec.net/
Contact: Marion Sadler
Address: 2600 Bull Street
Columbia, SC 29201-1706
Phone: (803) 898-4167
Fax: (803) 898-4095
E-mail: sadlermf@dhec.sc.gov
Tennessee
Permitting Tennessee Department of Environment &
Authority: Conservation, Division of Water Pollution Control
Web site: http://www.state.tn.us/environment/wpc/
Contact: Saya Ann Quails
Address: 401 Church Street
6th Floor, L&C Annex
Nashville, TN 37243-1534
Phone: (615) 532-0652
Fax: (615) 532-0686
E-mail: saya.qualls@state.tn.us
U.S. Virgin Islands
Permitting U.S. Environmental Protection Agency, Region 2
Authority:
Web site: http://www.epa.gov/Region2/water/wpb/
npdes.htm
Contact: Andrea Coats
Address: 290 Broadway
New York, NY 10007-1866
Phone: (212) 637-3850
Fax: (212) 637-3772
E-mail: coats.andrea@epa.gov
South Dakota
Permitting South Dakota Department of Environment &
Authority: Natural Resources, Point Source Program
Web site: http://www.state.sd.us/denr/denr.html
Contact: Kent Woodmansey
Address: 523 East Capitol Avenue
Joe Foss Building
Pierre, SD 57501-3181
Phone: (605) 773-3151
Fax: not available
E-mail: kent.woodmansey@state.sd.us
Permitting Texas Commission on Environmental Quality
Authority:
Web site: http://www.tceq.state.tx.us/AC/nav/permits/
water_qual.html
Contact: Darrell Williams
Address: 1700 North Congress Avenue
P.O. Box 13087
Austin, TX 78711-3087
Phone: (512) 239-4480
Fax: not available
E-mail: not available
Permitting Utah Department of Environmental Quality,
Authority: Division of Water Quality
Web site: http://waterquality.utah.gov/
Contact: Peter Gessel
Address: 288 North 1460 West
P.O. Box 144870
Salt Lake City, UT 84114-4870
Phone: (801) 538-9251
Fax: not available
E-mail: pgessel@utah.gov
Vermont
Permitting Vermont Agency of Natural Resources, Permitting
Authority: Wastewater Management Division Authority:
Web site: http://www.anr.state.vt.us/dec/ww/wwmd.cfm Web site:
Contact: Brian Kooiker Contact:
Address: 103 South Main Street Address:
Sewing Bldg.
Waterbury, VT 05671-0405
Phone: (802) 241-2596 Phone:
Fax: (802) 241-2596 Fax:
E-mail: brian.kooiker@anrmail.state.vt.us E-mail:
Virginia
Virginia Department of Environmental Quality
http://www.deq.state.va.us/
Martin Ferguson
629 East Main Street.
P.O. Box 10009
Richmond, VA 23240-0009
(804) 698-4039
not available
mgferguson@deq.state.va.us
PRODUCERS' COMPLIANCE GUIDE FOR CAFOs A-7
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C/AFO Permitting Authorities and Contact Information
Washington
Permitting Washington Department of Ecology
Authority:
Web site: http://www.ecy.wa.gov/ecyhome.html
Contact: Nora Mena
Address: P.O. Box 47600
Olympia, WA 98504-7775
Phone: (360) 407-6413
Fax: not available
E-mail: njew461@ecy.wa.gov
West Virginia
Permitting West Virginia Department of Environmental
Authority: Protection, Division of Water Resources
Web site: http://www.dep.state.wv.us/
Contact: William Brannon
Address: 1201 Greenbrier Street
Charleston, WV 25311
Phone: (304) 558-2107
Fax: not available
E-mail: bbrannon@mail.dep.state.wv.us
Wisconsin
Permitting Wisconsin Department of Natural Resources,
Authority: Bureau of Wastewater Management
Web site: http://www.dnr.state.wi.us/
Contact: Russ Rasmussen
Address: P.O. Box 7921
Madison, Wl 53707-7921
Phone: (608) 267-7651
Fax: (608) 267-2800
E-mail: rasmur@dnr.state.wi.us
Wyoming
Permitting Wyoming Department of Environmental Quality,
Authority: Water Quality Division
Web site: http://deq.state.wy.us/wqd/
Contact: Todd Parfitt
Address: 122 West 25th Street
Herschler Bldg, 4th Floor West
Cheyenne, WY 82009
Phone: (307) 777-7781
Fax: not available
E-mail: tparfi@state.wy.us
A-8 PRODUCERS' COMPLIANCE GUIDE FOR CAFOs
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v>EPA
United States
Environmental Protection
Agency
Additional copies of this document, (EPA 821-R-03-010)
can be obtained from:
U.S. EPA National Service Center for Environmental Publications
P.O. Box42419
Cincinnati, OH 45242
Telephone: 800-490-9198
Fax: 513-489-8695
This document can be downloaded from:
http://www.epa.gov/npdes/cafo/producersguide
EPA821-R-03-010
November 2003
Recycled/Recyclable
Printed with vegetable-based ink on paper that
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