United States
Environmental Protection
Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA 305-F-99-006
May 1999
www.epa.gov
Arif^r^
g Center
Helping Agriculture Comply with
Environmental Requirements
FOCUS
O N
CAFO Permit Requirements-
Slaughter and Feeder Cattle
This fact sheet will help you understand why your slaughter or feeder cattle operation may need
a National Pollutant Discharge Elimination System (NPDES) permit and what parts of your
operation might be subject to these special requirements to protect water quality.
Feeding operations may require
permits
If you have a slaughter or feeder cattle
operation that may discharge manure
into surface water or groundwater, you
may need to obtain an NPDES permit
and meet certain requirements for the
protection of water quality. The federal
laws discussed in this fact sheet define
the types of operations that are
regulated in this way. Many states also
have their own regulations, which may
be more stringent.
Why is regulation necessary?
Animal feeding operations (AFOs) are a
significant source of groundwater and
surface water pollution because of high
levels of nitrates and phosphorus,
harmful bacteria, and salt found in
manure. These pollutants pose a health
risk to humans and animals, increase the
cost of safe drinking water, and may
mean that the contaminated surface
water cannot support recreation,
provide a healthy aquatic environment,
or meet Clean Water Act requirements.
How do animal feeding
operations contaminate water
sources?
Manure from AFOs can pollute sources
of drinking water by moving into surface
water after being applied to land, or by
leaching into groundwater. During
periods of heavy precipitation, manure
management systems (lagoons, ponds,
etc.) may overflow and spill wastewater
into nearby waterways such as rivers,
lakes, and streams.
Sfit-
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If your operation
houses more than
one type of animal,
see the Ag Center
fact sheet "Focus
on CAFO Permit
Requirements
General" to learn
how EPA uses
"animal units" to
determine CAFO
size.
Is my facility an AFO or a CAFO?
Federal government rules are based, in
part, on whether a facility meets the
definitions of Animal Feeding
Operations (AFOs) and Concentrated
Animal Feeding Operations (CAFOs).
Generally, your slaughter or feeder cattle
operation is defined as an AFO under
federal regulations if
cattle 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.
A CAFO is a specific type of AFO that
has the potential to contaminate nearby
waterways. A slaughter or feeder cattle
AFO is a CAFO under federal
regulations if
it confines more than 1,000
slaughter or feeder cattle
OR
it confines between 301 and 1,000
slaughter or feeder cattle 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)
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.
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,
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 stormthe 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-Slaughter and Feeder Cattle
Page 2
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Animal Agriculture
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.
Other CAFO criteria
You should also know that
Two operations with the same
owner are considered one operation
if they share a common border.or
have a common waste disposal area
or system.
A totally enclosed facility with no
discharge of wastes is not a CAFO.
But a partially sheltered facility
that otherwise meets the criteria will
be considered a CAFO.
Sheltered and unsheltered animals
are counted equally, and the entire
operation is considered one unit.
Facilities where cattle are housed
temporarily, such as livestock
auction houses and transfer
facilities, may be considered CAFOs
if they house the designated number
of cattle for 45 days or more in a 12-
month period.
Obtaining 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 on-site inspection.
What areas of a CAFO are
regulated?
NPDES permit restrictions apply, for
example, to areas such as cattle 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
specifications on construction,
maintenance, and operation)
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
cattle) 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
Ag Center Fact Sheet Series
PageS
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Animal Agriculture
Concentrated Animal Feeding
Rainfall that could
cause overflow leading
to water
contamination cannot
always be predicted.
T/ie key to compliance
is the proper design,
continual mainte-
nance, and correct
operation of the
manure management
system.
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 rainfalla series of wet
weather conditions that prevent
waste removal from properly
maintained waste retention
structures.
National Agriculture Compliance
Assistance Center
901 N. 5th St.
Kansas City, KS 661 01
Toll-free:
Internet:
Fax:
I -888-663-2 1 55
www.epa.gov/oeca/ag
9 1 3-55 1 -7270
United States Environmental
Protection Agency
Washington, DC 20460
Permits for smaller CAFOs (1,000
slaughter or feeder cattle or less)
generally also provide these protections
to permit holders.
For more information
This factisheet is only a general
description of EPA's rules and
regulations on slaughter and feeder
cattle 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 by 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.
Ag Center Fact Sheet Series
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