&EPA
     United States
     Environmental Protection
     Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA 305-F-99-011
May 1999
www.epa.gov
                                                                              Af^r—«HJ-  r
                                                                      g Center
                                                                        Helping Agriculture Comply with
                                                                        Environmental Requirements
FOCUS
                               ON
                      CAFO Permit  Requirements-
                      Dairy  Cattle
                      This fact sheet will help you understand why your dairy 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 dairy 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.

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Ifyour operation
houses more than
one ryjx.' of animal,
see the AS Center
fact sheet "Focws
on CAFO Permit
Ret/wrements —
General" to learn
how EPA uses
"animal units" to
determine CAFO
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 dairy 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 dairy cattle AFO is a
CAFO under federal regulations if
•   it confines more than 700 mature
    dairy cattle
                 OR
•   it confines more than 200 mature
    dairy 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, hit 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 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-Dairy Cattle
                                                                              Page 2

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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.
                          •  Pasture areas are not subject to
                             NPDES regulations, and dairy cattle
                             that remain at pasture are not
                             counted towards a CAFO
                             designation. However, if the same
                             operation has an area where the
                             cattle are sometimes confined (such
                             as a holding area near a milking
                             barn), that area may be a CAFO.
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 dairy cattle
facility 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 700
mature dairy 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 tliat could
cause overflow leading
to water
contamination cannot
always be predicted.
T/it' 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 rainfall-a 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 (700 mature
                          dairy cattle or less) generally also
                          provide these protections to permit
                          holders.

                          For more information
                          This fact sheet is only a general
                          description of EPA's rules and
                          regulations on dairy 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
                                                                            Page 4

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