&EPA
United States
Environmental Protection
Agency
Public hearing set
EPA Region 5 has scheduled an
open house and a formal public
hearing on Ohio's application to
transfer control of the NPDES
program for CAFOs from Ohio EPA
to Ohio Department of Agriculture:
Tuesday, Nov. 18
Open House: 3 - 5:30 p.m.
Public Hearing: 7 - 9:30 p.m.
The Fawcett Center
2400 Olentangy River Road
Columbus
EPA encourages public comments
on the application, either at the
hearing, by mail or on a special Web
site. Mail comments to EPA Region
5 at the address below. Submit
electronic comments at
http://www.epa.gOv/region5/water/n
pdestek/odacafo.htm. Comments
must include the commenter's postal
mailing address.
The public comment period runs
until Dec. 16. Comments must be
postmarked no later than 11:59 p.m.
on Dec. 16.
For more information
If you need additional information,
please contact:
Matt Gluckman
EPA Region 5 Water Division
NPDES Programs Branch (WN-16J)
77 W. Jackson Blvd.
Chicago, IL 60604
312-886-6089, or
800-621-8431, Ext. 66089
Fax:312-886-7804
gluckman.matthew@epa.gov
EPA Proposes Approving
Ohio Request on CAFOs
State of Ohio Request
October 2008
A proposed change in the way Ohio administers an important federal water
pollution program is pending approval by U.S. Environmental Protection
Agency Region 5. The public has until December 16 to comment on the
proposal, and EPA's decision could depend on that input.
At issue is administration of a specific portion of the National Pollutant
Discharge Elimination System, orNPDES program, which was established
by the Clean Water Act. While the Clean Water Act is a federal law, it
allows EPA to give states the responsibility of issuing NPDES permits to
any facility that discharges pollutants into a body of water, such as a river,
stream or lake. The permits are designed to protect water quality by keeping
pollutants out of a body of water, or by limiting pollutants to an amount so
small that water quality is not affected.
Ohio EPA currently runs the NPDES program in Ohio. The state has asked
EPA to allow Ohio Department of Agriculture to administer the part of the
NPDES program that deals with concentrated animal feeding operations,
known as CAFOs (see box, Page 2). Ohio EPA would continue to issue all
other NPDES permits. Clean Water Act regulations allow such splitting of
programs.
EPA would like to hear what the people of Ohio think about the state's
proposal. We will hold a formal public hearing on the proposal. EPA, Ohio
EPA and ODA will be available before the hearing to answer questions. We
will accept comments on the proposal through December 16 (see box, left).
The NPDES program minimizes nutrient runoff from CAFOs through controls on
manure application, such as from this broadcast spreader.
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Background
In January 2007, Ohio asked EPA to allow its
Department of Agriculture to run the NPDES program
for concentrated animal feeding operations in Ohio.
This request was in response to legislation enacted by
Ohio in 2000. EPA will approve the request if we find
that the state program meets requirements of the Clean
Water Act and NPDES regulations.
In April and November 2007 letters, EPA told ODA
that its proposed program appeared to meet most, but
not all, of those requirements. In response, ODA
committed to make necessary changes. EPA believes
these changes will result in ODA having all of the
authority and standards it needs to run the program.
Subject to any issues raised by the public during the
comment period, EPA considers the application
approvable provided that the state adopts the specified
statutory and regulatory changes.
Next steps
Following the public comment period, EPA will
consider all comments received. EPA will then either
approve or disapprove the state's request.
See the proposal
You may view Ohio's application and related
documents at these locations:
• EPA Region 5 office (see box, Page 1),
8:45 a.m. to 4:45 p.m. weekdays, except
federal holidays.
• ODA's Livestock Environmental Permitting
Program office in Reynoldsburg, weekdays
from 8 a.m. to 5 p.m. Call 614-387-0908 for an
appointment.
• Auglaize Soil and Water Conservation District
Office, 110 Industrial Drive Suite G in
Wapakoneta. Call 419-738-4016 for an
appointment.
• Wayne SWCD, 428 West Liberty St.,
Wooster. Call 330-262-2836 for an
appointment.
• http://www.epa.gov/region5/water/npdestek/
odacafo.htm.
To request the application on compact disc, call Matt
Gluckman at 800-621-8431, Ext. 66089.
What's a CAFO?
CAFO is an acronym for Concentrated Animal Feeding Operation. CAFOs must have state-issued NPDES
permits to lawfully discharge manure, litter, or process wastewater pollutants into lakes, rivers or streams.
First, let's define the term "animal feeding operation." These are places where animals are kept in confined
situations. You'll typically find animals, feed, manure, dead animals and production operations all together
on a small area of land. Feed is brought to the animals rather than the animals grazing or otherwise seeking
feed in pastures. These operations can pose problems when manure, litter or wastewater enters bodies of
water. Discharges can occur in a variety of ways - through overflow or failure of waste storage structures,
failure of manure or wastewater handling equipment, or inadequate containment of water that has come in
contact with manure, litter, feed or dead animals. They can also occur from liquid manure or wastewater
entering drains that are often located beneath agricultural land, or inappropriate practices for land application
of manure.
An animal feeding operation is a lot or facility (other than an aquatic
animal production facility) where:
• Animals have been, are, or will be stabled or confined and fed
or maintained for a total of 45 days or more in any 12-month
period.
• Crops, vegetation, forage growth or post-harvest residues are
not sustained in the normal growing season over any portion of
the lot or facility.
EPA defines a concentrated animal feeding operation based principally
on the actual number of animals being kept, and the threshold is
different for different animals. For example, 700 or more dairy cows
would be considered a large CAFO, while it would take at least 2,500
pigs weighing 55 pounds or more to meet the definition.
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