Office of Wastewater Management
NPDES Regulations Governing Management
Of Concentrated Sheep Feeding Operations
NPDES and how it affects the maintenance and
operation of concentrated sheep feeding
operations.
NPDES stands for EPA's National Pollutant Discharge
Elimination System. The NPDES program provides a
system for regulating the discharge of pollutants from
"point" (or discreet) sources into the waters of the
United States by allowing discharges only under
certain conditions specified by the permit. The NPDES
program was established under the Amendments to
the dean Water Act (CWA) of 1972. Section 502 of the
Act defined "concentrated animal feeding operations"
(CAFOs) as point sources subject to regulation under
. the Act. As a result, NPDES regulations were written
and published in 1976 defining CAFOs and the
conditions under which they are required to obtain an
NPDES permit.
What are sheep CAFOs and how are they defined?
Basically, CAFOs are animal feeding operations (AFO)
that meet or exceed numbers of animals (according to
species) established for animal feeding operations. A
facility is considered to be an animal feeding operation
if it stables, confines, feeds, or maintains animals for a
total of 45 days or more in any 12-month period, and
does not sustain crops, vegetation, forage growth, or
post-harvested residues in the normal growing season
over any portion of the facility. Sheep feeding
operations are considered to be CAFOs if they meet
these two criteria and, in addition, house more than
10,000 sheep or lambs.
Smaller sheep feeding operations are also considered
to be CAFOs if they contain more than 3,000 sheep or
lambs AND discharge their wastes into waters of the
U.S. through man-made ditches, flushing systems, or
similar devices, OR discharge their wastes directly into
U.S. waters that originate outside the facility and pass
over, across, around, or through the facility, or
otherwise come into contact with the animals confined.
Areas of the CAFO may include watering systems;
washing, cleaning, or flushing pens, and manure stacks
or pits. Areas where dust is produced are included
because the dust may be composed of particles of
manure, litter, or bedding and feedstuffs.
Two operations with the same owner are considered
one operation if they share a common border or have a
common waste disposal system (wastes are
commingled prior.to discharge).
Why are some sheep feeding operations
considered CAFOs. even though they are partially
sheltered or temporarily housed?
A totally enclosed facility with no discharge of wastes
to U.S. waters is not a CAFO. However, a partially-
sheltered facility IS a CAFO if it meets the size (number
of sheep) and discharge criteria of the NPDES
regulations, or if it has been designated a CAFO on a
case-by-case basis by the permitting authority. In
partially sheltered operations, the number of animals
maintained at the facility for 45 days or more is the
combined number of animals in open and sheltered
areas of the facility. The entire operation is considered
one unit, and all the animals are counted for the
purposes of CAFO classification.
Livestock marketing operations also may be subject to
these CAFO requirements. Auction houses and
transfer facilities that meet the regulatory definition of
a CAFO must have NPDES permits if they discharge
wastewater to US. waters.
For example, a livestock market where 11,000 sheep or
lambs are maintained for four days per month, or 48
days in each 12-month period, is considered a CAFO.
Why the sudden concern for sheep CAFOs?
Concern over CAFOs is not new; degradation of
ground and surface waters from nitrogen, phosphorus,
and pathogens has increased over the years, and has
renewed interests from the livestock industry, the
public, and regulatory agencies as well. EPA's NPDES
program provides a means of addressing the problem
by regulating the discharge of pollutants from sheep
CAFOs by permit. Page 2 lists some sources of
information you can obtain to help you understand and
interpret the NPDES regulations for sheep CAFOs.
-------
Information from the Code of Federal
Regulations and citations in the FEDERAL
REGISTER can help you understand the
NFDES 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
Fecdlots, 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 IT (NJ, NY, PR, VI)
26 Federal Plaza, New York, NY 10278
(212) 264-9894
EPA Region III (DC, 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 VHI (CO, MT, NO, 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)
US. 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
Compllance/Enforflgment
Office of Enforcement and
Compliance Assurance *
US. EPA
Ariel Rios Bldg.
1200 Pennsylvania Ave., NW
Washington, DC 20044
(202) 564-2280/FAX (202) 564-0028
------- |