&EPA
United States
Environmental Protection
Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA 305-F-98-003
May 1999
www.epa.gov
AAr**^ It "
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Federal government
ndes are based, in
part, on whether a
facility meets the
definitions of
Animal Feeding
Operations
(AFOs) and
Concentrated
Animal Feeding
Operations
(CAFOs).
What is an AFO?
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.
What is a CAFO?
A CAFO is a specific type of AFO that
has the potential to contaminate nearby
waterways. An AFO is a CAFO under
federal regulations if
• it confines more than 1,000 animal
units (see page 3)
OR
• it confines between 301 and 1,000
animal units and 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)
OR
• EPA has designated it as a CAFO
upon determining that the
operation, regardless of its size, is a
significant source of pollution. This
determination, which considers a
number of factors (such as slope,
The term waters of the United
States, also called navigable waters
in this regulation, means any surface
waterways in or surrounding the
United States, including not only rivers
and lakes, but also ditches, streams,
wetlands, or drainages that empty into
or are adjacent to any tributary of a
body of water. Groundwater that has
a direct connection to surface water is
also included in the definition.
vegetation, and the proximity of the
operation to the waters), is based
on an on-site inspection by the
agency that issues the permits.
Exception: A facility will not be
considered a CAFO if it discharges
pollutants only in the event of a 25-
year, 24-hour storm—the number of
inches of rainfall in a 24-hour period
that is expected to occur only once every
25 years, a figure that is published for
every location in the United States by
the National Weather Service.
Ag Center Fact Sheet Series
Animal Agriculture/Concentrated Animal Feeding Operations
CAFO Permit Requirements-General
Page 2
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For more about
CAFOs, including
how to calculate
animal units, call the
Ag Center to request
EPA's "Guide
Manual on NPDES
Regulations for
Concentrated Animal
Feeding Operations"
(Ag Center document
number 11009).
Animal'
Slaughter or Feeder Cattle
Mature Dairy Cattle
Swine
(each weighing over 25 kg or about 55 pounds)
(with
Turkeys
Laying Hens or Broilers
unlimited, continuous-flow watering systems)
Laying Hens or Broilers
(with liquid manure handling systems)
Equivalent to 1,000;
Animal Units
1,000
700
2,500
55,000
100,000
30,000
Equivalent to 301
Animal Units
301
200
750
16,500
30,000
9,000 •
What are animal units?
EPA uses the animal unit (AU) to
measure the size of AFOs. A 1,000-
pound steer is the standard; the
equivalent number of any other type of
livestock is considered one animal unit.
The table above shows the numbers of
some other animals that would
constitute 1,000 AUs and 301 AUs.
Does my operation need a
permit?
A CAFO is not allowed to discharge
pollutants to waters of the United States
unless it has obtained a federal permit
for the discharge. The permit, which
EPA issues under the authority of the
Clean Water Act, is called a National
Pollutant Discharge Elimination System
(NPDES) permit. Violators are subject
to fines and penalties.
Operations that require a permit include
not only those that meet the standard
definition of a CAFO, but also any
smaller operations whose potential for
point-source pollution has caused them
to be designated as CAFOs on the basis
of an on-site inspection.
In most states, NPDES permits are
issued by the state government rather
than by EPA; in other states, a facility
may be subject, to both a federal
NPDES permit and a state-issued
permit.
What areas of a CAFO are
regulated?
NPDES permit restrictions apply, for
example, to areas such as animal
watering systems; washing, cleaning, or
flushing pens; and manure stacks or pits.
Areas where dust is produced are also
included, because the dust may contain
particles of manure, litter, bedding, and
feedstuffs.
What does an NPDES permit
require?
EPA's NPDES permits for CAFOs may
include requirements for
• eliminating the discharge of animal
wastes to U.S. waters
• providing a retention structure for
animal wastes (including specifica-
tions on construction, maintenance,
and operation)
Ag Center Fact Sheet Series
Page 3
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Animal Agriculture
Concentrated Animal Feeding
Rainfall tliat could
cause overflow leading
to twicer
contamination cannot
always be predicted.
The key to compliance
is the proper design,
continual mainte-
nance, and correct
operation of the
manure management
system.
• periodic reporting of water quality
monitoring results
• proper land application of wastes
• best-management practices
• pollution prevention plans.
When is a discharge from a
CAFO not a violation of the
Clean Water Act?
A large operation (more than 1,000
animal units) that has been designated
as a CAFO will not be in violation of
the Clean Water Act for an overflow
discharge resulting from catastrophic or
chronic rainfall events, as long as the
operator has
• obtained an NPDES permit, and
• properly designed, constructed, and
operated a containment system
capable of handling all the facility's
process-generated waste waters plus
the runoff from a 25-year/24-hour
storm.
The rainfall events included in this
exception are
• catastrophic events-including
tornados, hurricanes, and 25-
year/24-hour storms
• chronic rainfall-a series of wet
weather conditions that prevent
waste removal from properly
maintained waste retention
structures.
For more information
This fact sheet is only a general
description of EPA's rules and
regulations on CAFOs. For more
specific information about how EPA or
state requirements may apply to your
facility, consult the applicable
regulations directly, or contact your
EPA regional office or state government.
You can get more facts about
compliance by calling the Ag Center's
toll-free number. Materials can be sent
to you by fax or mail, or you can talk to
an Ag Center representative. For a list
of all publications available from the Ag
Center, request-document number
10001, "Ag Center Publications."
The Ag Center welcomes comments on
this document and its other services.
National Agriculture Compliance
Assistance Center
901 N. 5th St.
Kansas City, KS66101
Toll-free: I-888-663-2155
Internet: www.epa.gov/oeca/ag
Fax: 913-551-7270
United States Environmental
protection Agency
Washington, DC 20460
Permits for smaller CAFOs (1,000
animal units or less) generally also
provide these protections to permit
holders.
Ag Center Fact Sheet Series
Page 4
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