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 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-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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