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 ------- |