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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
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       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 live—EPA 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

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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 live—EPA 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."
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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 live—EPA 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.
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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.
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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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                                                                          3 • Do These Regulations Affect Me?
   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.
10 • PRODUCERS' COMPLIANCE GUIDE FOR CAFOs

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                                                                         3 • Do These Regulations Affect Me?
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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                                                                        3 • Do These Regulations Affect Me?
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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3 • Do These Regulations Affect Me?
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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                                                                           3 • Do These Regulations Affect Me?
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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3 • Do These Regulations Affect Me?
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




si
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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]
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3 • Do These Regulations Affect Me?
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
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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.
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3 • Do These Regulations Affect Me?
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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 permits—general 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.
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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

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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]
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4 • How Do I Apply for a Permit?
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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).
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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 CAFOs—the 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.)
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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).
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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).)
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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.
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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.)
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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.
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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]
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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.)
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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?
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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
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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,
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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.
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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
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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)]
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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.)
                                                                   PRODUCERS' COMPLIANCE GUIDE FOR CAFOs • 47

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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
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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
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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
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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
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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
contains a minimum of 50% post-consumer fiber
content processed chlorine-free.

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