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. ------- 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 ------- 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 ------- 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 ------- |