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                   Office of Wastewater Management

                     NPDES Regulations Governing Management
           Of Concentrated Slaughter and Feeder Cattle feeding Operations

NPDES and how it affects the maintenance and   Two operations with the same owner are considdered
operation of concentrated slaughter and feeder   one operation if they share a common border or ha\a ve a
cattle feeding operations.                        common waste disposal  system  (wastes   are
                                               commingled prior to discharge).
NPDES stands for EPA's National Pollutant Discharge
Elimination System. The NPDES program provides a   Why are some slaughter and feeder cattle feedding
system for regulating the discharge of pollutants from   operations considered CAFOs. even though ttthey
"point" (or discreet) sources into the waters of the   are partially sheltered or temporarily housed'd?
United States by allowing discharges only under
certain conditions specified by the permit. The NPDES   A totally enclosed facility with no discharge of waiastes
program was established under the Amendments to   to U.S. waters is not a CAFO. However, a partiaially-
the Clean Water Act (CWA) of 1972.  Section 502 of the   sheltered facility IS a CAFO if it meets the size (nummber
Act defined "concentrated animal feeding operations"   of cattle) and discharge criteria of the NPDDES
(CAFOs) as point sources subject to regulation under   regulations, or if it has been designated a CAFO o on a
the Act. As a result, NPDES regulations were written   case-by-case basis by the permitting authority.'.  In
and published in 1976 defining  CAFOs and the   partially sheltered operations, the number of anirr.mals
conditions under which they are required to obtain an   maintained at the facility for 45 days or  more is s the
NPDES permit.                                  combined number of animals in open and sheltetered
                                               areas of the facility. The en tire operation is considelered
What are slaughter and feeder cattle CAFOs and   one unit, and all the animals are counted for r the
how are they defined?                          purposes of CAFO classification.

Basically, CAFOs are animal feeding operations (AFO)   Livestock marketing operations also may be subjeect to
that meet or exceed numbers of animals (according to   these provisions. Auction houses and transfer faciliilities
species) established for animal feeding operations. A   that meet the regulatory definition of a CAFO mmust
facility is considered to be an animal  feeding operation   have NPDES permits if they discharge wastewateter to
if it stables, confines, feeds, or maintains animals for a   U.S. waters.
total of 45 days or more in any 12-month period, and
does not sustain crops, vegetation, forage growth, or  For example, a livestock market where 1,500 cattle e are
post-harvested residues in the normal growing season   maintained for four days per month, or 48 days in e;each
over any portion of the facility.  Slaughter and feeder  12-month, is considered a CAFO.
cattle feeding operations are considered to be CAFOs
if they meet these two criteria and, in addition, house  Why the sudden concern for slaughter and feereder
more than 1,000 slaughter and feeder cattle.           cattle CAFOs?

Smaller feeding operations are also considered to be  Concern over CAFOs is not new; degradations of
CAFOs if they contain more than 300 slaughter and  ground and surface waters from nitrogen, phosphotbrus,
feeder cattle AND discharge their wastes into waters  and pathogens has increased over the years, and 1 has
of the U.S. through  man-made ditches,  flushing  renewed interests from the livestock industry, ', the
systems, or similar devices, OR discharge their wastes  public, and regulatory agencies as well. EPA's NPDDES
directly into U.S. waters that originate outside the  program provides a means of addressing the problblem
facility and pass over, across, around, or through the  by regulating the discharge of pollutants frcrom
facility, or otherwise come into contact with the animals  slaughter and feeder cattle CAFOs by permit. Pagige 2
confined. Areas of the CAFO may include cattle  lists some sources of information you can obtain to hhelp
watering systems; washing, cleaning, or flushing pens,  you understand and interpret the NPDES regulations
and manure stacks or pits.  Areas where dust is  for cattle CAFOs.
produced arc  included because  the dust may be
composed of particles of manure, litter, or bedding and
feedstuffs.

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   Information from the Code of Federal
   Regulations and citations in the FEDERAL
   REGISTER can help you understand the
   NPDES regulations applicable to CAFOs:

   • Criteria for Determining a Concentrated
     Animal Feeding Operation, 40 CFR Section
     122, Appendix B (1992);

   • Concentrated Animal Feeding Operations,
     40 CFR Section 122.23 (1992);

   • EPA Effluent Guidelines and Standards for
     Feedlots, 40 CFR 412 (Revised through July 1,
     1991);

   • National Pollutant Discharge Elimination
     System and State Program Elements Necessary
    far Participation: Concentrated Animal .
     Feeding Operations, 40 CFR 54182 (Nov. 20,
     1975);

   • State Program Elements Necessary for
     Participation in the National Pollutant Discharge
     Elimination System: Concentrated Animal
     Feeding Operations, 41 FR 11458 (Mar. 18,
     1976);

   • National Pollutant Discharge Elimination
     System General Permit Requirements for
     Discharges from Concentrated Animal
     Feeding Operations (Region 6 Final Notice),
     58 FR 7610 (Feb. 8,1993).

   In addition to these publications, don't forget to request
   EPA's Guidance Manual on NPDES Regulations for
   Concentrated Animal Feeding Operations (EPA 833-B-95-
   001: December, 1995), and EPA's other new Factsheets
   on general application of NPDES regulations to CAFOs,
   as well as species-specific Factsheets for other animal
   industries.
              Where Can I Go For More Information?

              Additional information on  NPDES regulations
              affecting CAFOs can be obtained by contacting the
              Permits Branch in your nearest EPA Regional Office:

                     EPA Region I (CT, MA, ME, NH, RI, VT)
                     JFK Federal Building, Boston, MA 02203
                     (617) 565-4940)

                     EPA Region II (NJ, NY, PR, VI)
                     26 Federal Plaza, New York, NY 10278
                     (212) 264-9894

                     EPA Region HI PC, DE, MD, PA, VA, WV)
                     841 Chestnut Building, Philadelphia, PA 19107
                     (215) 597-9078

                     EPA Region IV (AL, FL, GA, KY, MS, NC, SC,
                     TN)
                     345 Courtland Street, NE, Atlanta, GA 30365
                     (404) 347-2019

                     EPA Region V (IL, IN, MI, OH, MN, WI)
                     230 West Jackson Blvd., Chicago, IL 60604-3507
                     (312)353-2079

                     EPA- Region VI (AR, LA, OK, NM, TX)
                     1445 Ross Avenue, Dallas, TX 75202
                     (214) 655-7171

                     EPA Region VII (IA, KS, MO, NE)
                     726 Minnesota Avenue, Kansas City, KS 66101
                     (913) 551-7034

                     EPA Region VIII (CO, MT, ND, SD, UT,  WY)
                     99918th Street, Denver, CO 80202-2413
                     (303) 293-1623

                     EPA Region IX (AS, AZ, CA, CMI, GU, HI, NV)
                     75 Hawthorne Street, San Francisco, CA 94105
                     (415) 744-1877

                     EPA Region X (AK, ID, OR, WA)
                     1200 Sixth Avenue, Seattle, WA 98101
                     (206) 553-1728
FOR MORE INFORMATION. CONTACT:
Permitting:

Office of Wastewater Management
Permits Division (4203)
U.S. EPA
401 M Street, SW
Washington, DC 20460
(202) 260-9537/FAX (202) 260-1460
Nonpoint Source:

Office of Wetlands, Oceans
and Watersheds
U.S. EPA
Fairchild Bldg.
499 South Capitol Street SW
Washington, DC 20024
(202) 260-7040/FAX (202) 260-7024
Compliance/Enforcement

Office of Enforcement and
Compliance Assurance
U.S. EPA
Ariel Rios Bldg.
1200 Pennsylvania Ave., NW
Washington, DC 20044
(202) 564-2280/FAX (202)564-0028

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