vvEPA
United States
Environmental Protection
Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 2046
EPA305-F-99-010
May 1999
www.epa.gov
                                                                               Af-—lf*"M(f—*
                                                                       g  Center
                                                                         Hewing Agriculture Comply with
                                                                         Environmental Requirements
              FOCUS
             O  N
                       CAFO Permit  Requirements-

                       Sheep

                       This fact sheet will help you understand why your sheep feeding 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 sheep feeding 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^.alt fo.und 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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If your operation
houses more than
one tyfK of animal,
see the Ag Center
fact sheet "Foots
on CAFO Permit
Ret/wrements —
General" to leam
/urn* EPA uses
"animal units" to
determine CAFO
si?e.
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 sheep feeding operation
is defined as an AFO under federal
regulations if
•   sheep have been, are, or will be
    housed 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 sheep feeding AFO is a
CAFO under federal regulations if
•   it confines more than 10,000 sheep
    or lambs
                 OR
•   it houses more than 3,000 sheep or
    lambs 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
                                                                        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.
•   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
    tharissues 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-Sheep
                                                                             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 sheep are
                             counted equally, and the entire
                             operation is considered one unit.
                         •   Facilities where sheep are housed
                             temporarily, such as livestock
                             auction houses and transfer
                             facilities, may be considered CAFOs
                             if they house the designated number
                             of sheep 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 sheep feeding
facility are regulated?
NPDES permit restrictions apply, for
example, to areas such as 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 10,000
sheep or lambs) 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
                                                                           Page 3

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  Animal Agriculture
  Concentrated Animal Feeding
Rainfall that could
cause overflow leading
to water
contamination camtot
always be predicted.
The 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 tharprevent
    waste removal from properly
    maintained waste retention
    structures.

Permits for smaller CAFOs (10,000
sheep or lambs, or less) generally also
provide these protections to permit
holders.
                                                                       National Agriculture Compliance
                                                                       Assistance Center
                                                                       901 N. 5th St.
                                                                       Kansas City, KS66101
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
                          For more information
                          This fact sheet is only a general
                          description of EPA's rules and
                          regulations on sheep feeding 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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