United States
Environmental Protection
Agency r
Office of Enforcement ,
& Compliance Assurance
Washington, DC 20460
EPA305-F-01-00&
December 2001
www.epa.gov
Ag Center
Helping Agriculture Comply with
Environmental Requirements
F O C US
O N
What To Expect When EPA Inspects
Your Livestock Operation
The U.S. Environmental Protection Agency inspects livestock facilities to make sure the
operators comply with federal environmental laws. Note, EPA may conduct inspections even in
States that are authorized to administer (including issuing permits) federal environmental laws.
Poorly managed livestock operations can pollute rivers, lakes, estuaries, and groundwater.
Where pollution occurs it is.most often caused by runoff from feedlots, spills from lagoons, and
problems caused by incorrect land application of manure. This fact sheet explains what you can
expect during an EPA inspection. It tells you what a typical inspector will be looking for and
what may happen afterwards. Not all inspections are the same. Yours will depend on what kind
of operation you have and on EPAs reason for conducting the inspection.
The EPA inspector
The person who inspects your operation
on behalf of EPA will be an EPA .
employee or a trained, capable
contractor hired by EPA to gather
information for the Agency. In either
case, he/she will show you identification
to confirm that the visit is authorized.
EPA is not required to, but may provide
advance notice that an inspection will :
be conducted. In fact, unannounced
inspections allow the inspector to better
observe routine site conditions and
practices.
Purpose of the inspection
EPA conducts two primary types of
inspections of animal feeding operations
(AFOs):
• to help decide whether a facility
requires a permit because it qualifies
as a Concentrated Anirrial Feeding
Operation (CAFO)
• to determine whether a CAFO is
compliant with federal
environmental laws including
federal permits.
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The EPA inspector's
goal is to gather
enough information to
determine if federal
environmental laws or
Ijennit requirements
are being followed.
The inspector will
gather information to
helpEPAjitdge
whether your operation
meets t/ie qua/ideations
of a CAPO, shoukl be
designated as a CAFO,
or is classified as an
AFO.
Is your facility an AFO or a
CAFO?
Generally, an operation is defined as an
AFO under federal regulations if:
• animals have been, are, or will be
stabled or confined, and fed or
maintained, for a total of 45 days or
more in any 12-month period, and
• crops, vegetation, forage growth, or
post-harvest residues are not
sustained during the normal growing
season over any part of the facility.
An animal feeding operation is defined
as a concentrated animal feeding
operation (CAFO), in the federal
regulations, if it has more than l-.OOO
"animal units." (For more information
on the definition of a CAFO, see "For
More Information" below).
An operation with 301 to 1,000 animal
units is a CAFO if it meets certain other
conditions, such as if it discharges
pollutants into waters of the United
States either directly into on-site water,
or indirectly by channeling wastes
through a ditch, flushing system, or
other device.
EPA (or States/Tribes where
authorized) may also designate an
operation as a CAFO if the inspection
determines that the operation,
regardless of its size, is a significant
source of pollution. This determination
considers a number of factors including
slope, vegetation, and the proximity to
surface waters.
Does your CAFO comply with
the law?
If your facility is a CAFO, it should have
, a permit. During an EPA inspection of
a permitted CAFO, the inspector will
check for compliance with the
requirements of the permit. For all
facilities, the inspector will make sure
there is no indication that manure has
been discharged to surface waters. The
Clean Water Act does not generally
allow such discharges. For example,
runoff from feedlots and spillover from
lagoons are violations except in certain
special situations (see "For More
Information" below). The inspector will
examine mainly your manure
management systems and any areas
where manure is applied to fields.
Animal health concerns
Inspectors know there is a potential that
they could pass animal diseases from one
feeding facility to another. To minimize
that risk, the inspector will follow
Ag Center Fact Sheet Series
Animal Agriculture/Concentrated Animal Feeding Operations
Livestock Operation Inspection
Page 2
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Animal Agriculture
If you have any
questions about the
inspection or
enforcement process,
contact your
inspector or EPA
regional office.
the confinement area, let the inspector
know of any contagious disease your
animals have, any biosecurity procedures
you follow, and discuss with the
inspector any concerns you have about
the effect of the visit on the health of
your animals.
The inspection
Most inspectors begin an inspection by
writing down some basic information,
such as:
• weather conditions
• date
• facility name and address
-• name of the owner/operator
• phone number.
You may be asked if you have a state
permit and, if so, what it includes. You
may be asked if you have filed a Notice
of Intent to be covered under a CAFO
general permit (if applicable).
The inspector may invite you to
accompany him/her on the inspection. It
is a good idea for you to go with the
inspector, take notes, and ask questions.
The inspector will take notes, and record
the latitude and longitude of your facility
so it can be plotted on a map. He/she ,
may also take photographs, video
recordings, and water samples.
To help determine whether your facility
is a CAFO or should be designated as a
CAFO, you may be asked for basic r
facility information such as:
• type of operation
• kinds of animals
• number of animals
• the location of drains, irrigation
ditches, and waterways nearby.
Specific questions the inspector may try
to answer through the inspection
include:
• How do the animals get drinking
water?
* Do animals have direct access to
surface water, including irrigation
canals and drainage ditches?
To determine whether your facility has
had a discharge or if there are factors
present that could lead to future
discharges, you may be asked specific
questions including:
• Is any manure being discharged to
surface water, or is there any sign of
a recent discharge?
• How is manure handled? Is there too
. much manure in the corrals, fields,
or along flush alleys? Is a discharge
likely because of the way the manure
is being handled?
• Are adequate records maintained?
• How is silage handled? Is runoff
controlled?
• How are dead animals handled?
• Is manure being land-applied? What
kind of crops? How often and when?
Is a discharge to surface waters likely
because of the way the manure is
being applied?
• Is there a lagoon? If so, is it made to
comply with any requirements that
apply? How much freeboard
(distance between the contents of
the lagoon and the top) is there? Is
the lagoon in good condition and
properly maintained? When was the
last time it was dredged?
Ag Center Fact Sheet Series
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Animal Agriculture
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Tlie EPA or contract
inspector generally will
not be able to tell you
wheilier violations
were found. These
decisions are made by
an EPA compliance
officer who reviews the
inspect ion report.
* Are there any pipelines or other
routes that allow manure to be
discharged to ditches, canals,
streams, or other waterways?
• How is storm water handled? Are
roof drains and gutters well
maintained? Is the clean storm
water diverted around the animal
containment areas and manure
piles? Are the corrals well graded?
• How many days of storage are
available in lagoons and other
wastewater containment structures?
Confidential information
During the inspection, you may be asked
to give business information that you do
not want the public to be able to get
from EPA's files. If so, you may make a
claim of confidentiality. For EPA to
uphold your claim, you will need to show
that the information, if made public,
would reveal trade secrets or should for
other reasons be considered confidential.
The confidential parts of the report can
be kept from public view. (Some
information is not eligible for
confidential treatment by law.)
Possible Actions
If you are found to have violations, there
is a range of possible actions EPA can
take depending on factors including the
number and seriousness of the
violations. Possible actions include:
• You may get a notice of violation. This
will inform you of violations and
direct you to correct them. If you
have trouble correcting a violation,
notify EPA right away.
• You may be issued an administrative
order with or without a proposed
administrative penalty. If an
administrative penalty is proposed,
you may contact the Agency and ask
for a settlement conference, to
which you may bring an attorney or
consultant.
• For more serious violations or a
history of violations, EPA may begin
a civil suit, asking a court to require
you to stop or correct the violation
and to impose a penalty.
• If EPA suspects that you have
willingly, knowingly, or negligently
violated federal law, it may conduct
a criminal investigation.
State permits
States may have their own, non-federal
permit requirements or other legal
requirements for CAFOs. Your EPA
regional contact can help you find the
appropriate state contact.
Self disclosure of violations
Through its Audit Policy and Small
Business Compliance Incentives Policy,
EPA encourages you to voluntarily
disclose and correct violations. If you
meet policy conditions, you may be
eligible for penalty reductions and
waivers and other benefits. The Small
Business Policy is for companies with
100 or fewer employees. You may obtain
copies of these documents from the Ag
Center or on the internet at:
http://es.epa.gov/oeca/ore/apolguid.html
Ag Center Fact Sheet Series
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Compliance assistance contacts
• EPA's Ag Center - The Ag Center
has many free compliance assistance
resources, including fact sheets on
CAFO regulations, the EPA/USDA
animal feeding operations strategy,
Small Business Incentives Policy,
etc. You can find Ag Center
materials on the Internet at
http://www.epa.gov/agriculture
and acquire them toll-free at
1-888-663-2155.
• EPA Regional Offices
Region 1 (CT, MA, ME, NH, RI,
VT):
(617) 918-1111 or (888) 372-7341
Region 2 (NJ, NY, PR, VI):
(212) 637-3000
Region 3 (DE, DC, MD, PA, VA,
WV):
(215) 814-5000 or (800) 438-2474
Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN):
(404) 562-9900 or (800) 241-1754
Region 5 (EL, IN, MI, MN, OH,
WI):
(312) 353-2000 or (800) 621-8431
Region 6 (AR, LA, NM, OK, XX):
(214) 665-2200 or (800) 887-6063
Region 7 (IA, KS, MO, NE):
(913) 551-7000 or (800) 848-4568
Region 8 (CO, MX, ND, SD, UX,
WY):
(303) 312,6312 or (800) 227-8917
Region 9 (AZ, CA, HI, NV):
(415) 947-8021
Region 10 (AK, ID, OR, WA):
(206) 553-1200 or (800) 424-4372
Technical assistance contacts
• Natural Resources Conservation
Service (NRCS)
NRCS can provide help with
manure management. For listings of
offices near you, visit:
http://offices.usda.gov/ or
http://www.nrcs.usda.gov/
•- Cooperative State Research,
Education, and Extension Service
(CSREES)
U.S. Department of Agriculture
Washington, D.C. 20250-0900
(202) 720-3029
http://www.reeusda.gov/
• National Association of State
Departments of Agriculture
(NASDA)
1156 15th Street, NW, Suite 1020
Washington, D.C. 20005
(202) 296-9680
http://www.nasda-hq.org/
• National Association of
Conservation Districts (NACD)
509 Capital Court, NE
Washington, D.C. 20002-4946
(202) 547-6223
http://www.nacdnet.org/
Ag Center Fact Sheet Series
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ThcAg Center
we/comes
comments on this
document and its
otiier services.
For more information
This fact sheet provides only a general
view of how EPA inspects livestock
operations. To learn more about how
EPA or state requirements may apply to
you, read the federal and state
regulations or contact your EPA regional
office or state government.
The Ag Center's fact sheet "CAFO
Permit Requirements - General" (Ag
Center Document number 11001)
provides more detail on how CAFOs are
defined, the definition of "animal units,"
and the criteria for designating CAFOs.
To order this and other CAFO-related
publications, call the Ag Center's toll-
free number, 1-888-663-2155, or visit
the publications page at the Ag Center
web site: http://es.epa.gov/oeca/ag/
publications.html. All publications are
available by mail, and some can be
downloaded from the web site. For a
complete publications list, request
document 10001, "Ag Center
Publications."
If you are a small business, EPA's Office
of Enforcement and Compliance
Assurance offers a fact sheet on Small
Business Resources that can provide a
variety of compliance assistance tools to
assist you in complying with federal and
state environmental laws. This fact
sheet is available through the Ag
Center; please ask for document number
50017, "U.S. EPA Small Business v
Resources."
National Agriculture Compliance
Assistance Center
901 N. 5th Street
Kansas City, KS 66101
Toll-free: 1-888-663-2155
Internet: www.epa.gov/agriculture
Fax: 913-551-7270
United States Environmental
Protection Agency
Washington, DC 20460
Ag Center Fact Sheet Series
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