r/EPA
United States
Environmental Protection
Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA 305-F-99-009
May 1999
www.epa gov
Ar^tf^^r
g Center
J Iclping Agriculture Comply with
Environmental Recfuirvments
FOCUS ON
CAFO Permit Requirements-
Horses
This fact sheet will help you understand why your horse feeding operation may need a National
Pollutant Discharge Elimination System (NPDES) permit and what parts of your operation
might he suhject to these special requirements to protect water quality.
Feeding operations may require
permits
If you have a horse 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, andjialt 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 ground water. 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 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 horse feeding operation
is defined as an AFO under federal
regulations if
horses 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 horse feeding AFO is a
CAFO under federal regulations if
it confines more than 500 horses
OR
it confines more than 150 horses
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
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-Horses
Page 2
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Animal Agriculture
Concentrated Animal Feeding
Operations --^ - - - - --- -
, .CAjFpJ*ermjt Reouir
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 horses are counted
equally, and the entire operation is
considered one unit.
Facilities where horses are housed
temporarily, such as auction houses
and transfer facilities, may be
considered CAFOs if they house the
designated number of horses 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 horse 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 500
horses) that has been designated as a
CAFO will not be in violation of the
Clean Water Act for an overflow
discharge res»lti?ig 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
Ram/all that could
cause overflow leading
to water
contamination cannot
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 that prevent
waste removal from properly
maintained waste retention
structures.
Permits for smaller CAFOs (500 horses
or less) generally also provide these
protections to permit holders.
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: 91 3-55 I -7270
^ __A United States Environmental
S!>ERr\ Protection Agency
Washington, DC 20460
For more information
This fact sheet is only a general
description of EPA's rules and
regulations on horse 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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