FACT SHEET
1 Office of Wastewater Management
NPDES Regulations Governing Management
Of Concentrated Swine Feeding Operations
NPDES and how it affects the maintenance and Two operations with the same owner are considered
operation of concentrated swine feeding one operation if they share a common border or have a
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 swine feeding operations
system for regulating the discharge of pollutants from considered CAFOs. even though they are partially
"point" (or discreet) sources into the waters of the sheltered or temporarily housed?
United States by allowing discharges only under
certain conditions specified by the permit. The NPDES A totally enclosed facility with no discharge of wastes
program was established under the Amendments to to U.S. waters is not a CAFO. However, a partially-
the dean Water Act (CWA) of 1972. Section 502 of the sheltered facility IS a CAFO if it meets the size (number
Act defined "concentrated animal feeding operations" of swine) and discharge criteria of the NPDES
(CAFOs) as point sources subject to regulation under regulations, or if it has been designated a CAFO 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 animals
conditions under which they are required to obtain an maintained at the facility for 45 days or more is the
NPDES permit. combined number of animals in open and sheltered
areas of the facility. The entire operation is considered
What are swine CAFOs and how are they defined? one unit, and all the animals are counted for the
purposes of CAFO classification.
Basically, CAFOs are animal feeding operations (AFO)
that meet or exceed numbers of animals (according to Livestock marketing operations also may be subject to
species) established for animal feeding operations. A these CAFO requirements. Auction houses and
facility is considered to be an animal feeding operatjon transfer facilities that meet the regulatory definition of
if it stables, confines, feeds, or maintains animals for a a CAFO must have NPDES permits if they discharge
total of 45 days or more in any 12-month period, and wastewater to U.S. waters.
does not sustain crops, vegetation, forage growth, or
post-harvested residues in the normal growing season For example, a livestock market where 2,700 mature
over any portion of the facility. Swine feeding swine (each over 55 pounds) are maintained for four
operations are considered to be CAFOs if they meet days per month, or 48 days in each .12-month period,
these two criteria and, in addition, house more than is considered a CAFO.
2,500 swine, each weighing over 25 kilograms (55
pounds). Why the sudden concern for swine CAFOs?
Smaller swine feeding operations are also considered Concern over CAFOs is not new; degradation of
to be CAFOs if they contain more than 750 swine, each ground and surface waters from nitrogen, phosphorus,
weighing over 25 kilograms (55 pounds) AND and pathogens has increased over the years, and has
discharge their wastes into waters of the U.S. through renewed interests from the swine industry, the public,
man-made ditches, flushing systems, or similar devices, and regulatory agencies as well. EPA's NPDES
OR discharge their wastes directly into U.S. waters that program provides a means of addressing the problem
originate outside the facility and pass over, across, by regulating the discharge of pollutants from swine
around, or through the facility, or otherwise come into CAFOs by permit. Page 2 lists some sources of
contact with the animals confined. Areas of the CAFO information you can obtain to help you understand and
may include watering systems; washing, cleaning, or interpret the NPDES regulations for swine CAFOs.
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.
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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 (1991);
• 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
for Participation: Concentrated Animal .
Feeding Operations, 40 CFR 54182 (Nov. 20,
1975);
• State Program Elements Necessary far
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, RL 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 m PC DE, MD, PA, VA, VW)
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 Vn (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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