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.

   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,

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

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

     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
              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,
                     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

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

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

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