FACT  SHFFT
                               *- 4V V_, 4.  kJf-4,, JL. JLj. J_J:  Jl
                    Office of Wastewater Management
                      NPDES Regulations Governing Management
                        Of Concentrated Horse Feeding Operations
NPDES and how it affects the maintenence and
operation of concentrated horse feeding opera-
tions.

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 Clean 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 horse 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.  Horse feeding
operations are considered to be CAFOs if they meet
these two criteria and, in addition, house  more than
500 horses.

Smaller horse feeding operations are also considered
to be CAFOs if they contain more than 150 horses, 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 facilility 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 com-
mingled prior to  discharge).
Why are some  horse 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 horses) 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 oeprations also may be subject to
CAFO requirements.  Auction houses and transfer
facilities that meet the regulatory definition of a CAFO
must have NPDES  permits if they discharge
wastewater to U.S. waters.

For example, a livestock market where 550 horses are
maintained for four days per month, or 48 days in each
12-month period, is considered a CAFO.

Why the  sudden concern for horse 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 horse
CAFOs by permit.  Page 2 lists some sources of
information you can obtain to help you understand and
interpret the NPDES regulations for horse CAFOs.

-------
 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 (1992);

 •  Concentrated Animal Feeding Operations,
   40 CFR Section 122.23 (1992);

 •  EPA Effluent Guidelines and Standards for
   Feedlots, 40 CFR 412 (Revised through July 1,
   1991);

 •  National Pollutant Discharge Elimination
   System and State Program Elements Necessary
  Jbr 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 FR11458 (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 affect-
              ing 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 II (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 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
Fail-child 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

-------
                               FA f*T  QHFFT
                               JL  jf\ W -I   O 1 A l~> L-i I
                   Office of Wastewater Management
                      NPDES Regulations Governing Management
           Of Concentrated Slaughter and Feeder Cattle Feeding Operations
NPDES and how it affects the maintenance and
operation of concentrated slaughter and feeder
cattle 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 Clean 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 slaughter and  feeder cattle 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.  Slaughter and feeder
cattle feeding operations are considered to be CAFOs
if they meet these two  criteria and, in addition, house
more than 1,000 slaughter and feeder cattle.

Smaller feeding operations are also considered to be
CAFOs if they contain more than 300 slaughter and
feeder cattle 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  cattle
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 slaughter and feeder cattle 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 cattle)  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 provisions. Auction houses and transfer facilities
that meet the regulatory definition of a CAFO must
have NPDES permits if they discharge wastewater to
U.S. waters.

For example, a livestock market where 1,500 cattle are
maintained for four days per month, or 48 days in each
12-month, is considered a CAFO.

Why the sudden concern for slaughter and feeder
cattle 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
slaughter and feeder cattle CAFOs by permit. Page 2
lists some sources of information you can obtain to help
you understand and interpret the NPDES regulations
for cattle CAFOs.

-------
   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 (1992);

   • Concentrated Animal Feeding Operations,
     40 CFR Section 122.23 (1992);

   • EPA Effluent Guidelines and Standards for
     Feedlots, 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 II (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 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

-------
                               FAPT  QMPFT
                               -T .ry v-  1   CJJTT. JD-IQ *
                   Office of Wastewater Management
                      NPDES Regulations Governing Management
                       Of Concentrated  Swine Feeding Operations
NPDES and how it affects the maintenance and
operation  of concentrated  swine 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 Clean 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 swine 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.   Swine feeding
operations are considered to be CAFOs if they meet
these two criteria and, in addition,  house more than
2,500  swine,  each weighing over 25 kilograms (55
pounds).

Smaller swine feeding operations are also considered
to be CAFOs if they contain more than 750 swine, each
weighing over 25  kilograms (55 pounds)  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  swine  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 swine) 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 U.S. waters.

For example, a livestock market where 2,700 mature
swine (each over 55  pounds) are maintained for four
days per month, or 48 days in each .12-month period,
is considered a CAFO.

Why the sudden concern for swine 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 swine 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 swine
CAFOs by permit.  Page 2 lists some sources of
information you can obtain to help you understand and
interpret the NPDES regulations for swine CAFOs.

-------
   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 (1992);

   • Concentrated Animal Feeding Operations,
     40 CFR Section 122.23 (1992);

   • EPA Effluent Guidelines and Standards for
     Feedlots, 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 II (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 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

-------
                   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 Clean Water Act (CWA) of1972. 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 U.S. 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
   NPDES 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
     Feedlots, 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 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, RI, 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 III pC, 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 Vn (IA, KS, MO, NE)
                     726 Minnesota Avenue, Kansas City, KS 66101
                     (913) 551-7034

                     EPA Region VIII (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)
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
Comp 1 iance/ 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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                    Office  of Wastewater Management
                      NPDES Regulations Governing Management
                       Of Concentrated Poultry Feeding Operations
NPDES and how it affects the maintenance and
operation of concentrated poultry 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 Clean 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 poultry 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.  Poultry feeding
operations are considered to be CAFOs if they meet
these two criteria and, in addition, house more than
55,000 turkeys, 100,000 laying  hens or broilers on a
continuous flow watering system; 30,000 laying hens
or broilers on a liquid manure system, or 5,000 ducks.

Smaller poultry feeding operations are also considered
to be CAFOs if they contain more than 16,500 turkeys,
or 30,000 laying  hens or broilers on a continuous
watering system; 9,000 laying  hens or broilers on a
liquid manure system; or 1,500 ducks, 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 birds confined. Areas of the CAFO
may include poultry 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.
Why are some poultry  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 birds) 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 the
case of some poultry  rearing operations, such as
turkeys housed in separate units on one facility, the
entire operation is considered one unit, and all the birds
are counted for the purposes of CAFO classification.

For example, a turkey operation with 60,000 birds with
10,000  birds each housed in six individual totally-
enclosed facilities that collects its dry waste three times
a year and stores it in another completely closed
structure for later application to fields as fertilizer is
not a CAFO, because there is no potential for the waste
to be discharged from the operation until it is applied
to the fields. This evaluation assumes that the wastes
are applied at accepted  agronomic rates. If the waste
is over-applied or applied in excessive frequencies, any
resulting addition of pollutants to nearby waters would
be considered to be from a CAFO.

Similarly, the stacking of dry poultry litter in a manner
that exposes it to precipitation or runoff may produce
transport and  entry of pollutants into nearby waters,
thus rendering the system a crude type of liquid
manure system for process wastewater, and would be
subject to the NPDES regulations for CAFOs.  These
facilities would be point sources under the NPDES
program if the number of birds confined at the facility
meets  the regulatory definition as outlined in
paragraph 2, or if the facility has been designated a
CAFO on an individual basis.

Why the sudden concern for poultry 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 poultry industry, the public,

-------
and regulatory agencies as well. EPA's NPDES system
provides a  means  of addressing the problem by
regulating the discharge of pollutants from poultry
CAFOs by permit.  This page lists some sources of
information you can obtain to help you understand and
interpret the NPDES regulations for poultry 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
  Feedlots, 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 for
  Participation in the National Pollutant Discharge
  Elimination System: Concentrated Animal
  Feeding Operations, 41 FR11458 (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.
FOR MORE INFORMATION. CONTACT:
              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 II (NJ, NY, PR, VI)
                     26 Federal Plaza, New York, NY 10278
                     (212) 264-9894

                     EPA Region III PC 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 VH (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
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) 5644)028

-------
                   Office of Wastewater Management
  NPDES Regulations Governing Manag
Of Concentrated Dairy Cattle Feeding Op
                                                                 ement
                                                                perations
NPDES and how it affects the maintenance and
operation of concentrated dairy cattle 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 Clean Water Act (CW A) 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 dairy cattle 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 feed ing 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.  Dairy cattle feeding
operations are considered to be CAFOs if they meet
these two criteria and, in addition, house more than
700 mature dairy cattle.

Smaller dairy cattle feeding operations are also
considered to be CAFOs if they contain more than 200
mature dairy cattle AND discharge their wastes into
waters of theU.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 dairy cattle 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 cattle) 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 cattle are counted for the purposes
                            of CAFO classification.

                            This is in contrast to the situation where an operation
                            has an enclosed facility and an open lot facility where
                            the two facilities are not adjoining and have separate
                            waste management systems. In facilities that use both
                            pasture and confined areas where the animals are
                            concentrated, the confined area may be a CAFO; the
                            pasture is not subject to NPDES regulations, and the
                            animals that remain at pasture would not be counted
                            for classification purposes.

                            For example, a dairy operation feeds 1,200 cows at
                            pasture throughout the year.  The operation has a
                            holding area where the cows gather two times a day,
                            365 days a year before entering the milking barn. The
                            holding area has no vegetative growth. The holding
                            area is a CAFO and  is covered by the NPDES
                            regulations.

                            Why the sudden concern for dairy cattle 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 dairy
cattle CAFOs by permit. Page 2 lists some sources of
information you can obtain to help you understand and
interpret the NPDES regulations for dairy cattle CAFOs.

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 (1992);

• Concentrated Animal Feeding Operations,
  40 CFR Section 122.23 (1992);

• EPA Effluent Guidelines and Standards for
  Feedlots, 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 jbr
  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.
FOR MORE INFORMATION. CONTACT;
              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)
                     }FK 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 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 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
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
Nonpotnt 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
Comp 1 iancc/ 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) 5640028

-------
              5    Office of Wastewater Management
              ^m
                       NPDES Regulations Governing Management
                       Of Concentrated Animal Feeding Operations
 NPDES and how it affects the maintenance and
 operation of concentrated animal 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 Clean 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 CAFOs and how are they defined?

 Basically, CAFOs are animal feeding operations (AFOs)
 that meet or exceed numbers of animals (according  to
 species) established for animal feeding operations.  A
 facility is considered to be an animal feeding opera-
 tion 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 sea-
 son over any portion of the facility.  Animal feeding
 operations are considered to be CAFOs if they meet
 these two criteria and, in addition, house more than
 1,000 animal units; house between 301 and 1.000 ani-
 mal units and meet or may meet certain discharge re-
 quirements; or have been designated a CAFO by the
 permitting authority on a case-by-case basis. "Animal
 units" are defined by species under the Code of Fed-
 eral Regulations (CFR), at 40 CFR122, Appendix B(a).
 Method  of discharge requirements are set forth under
 40 CFR 122, Appendix B(b). Permitting authority on
 case-by-case bases is described under 40 CFR 122.23(c).

 Why are CAFOs of concern in terms of water pol-
 lution?

 CAFOs may potentially contaminate nearby creeks,
 steams, rivers, lakes, and estuaries from runoff and
 discharges during normal operations. Additionally,
 CAFOs are of special concern during periods of exces-
sive precipitation, because animal waste collection de-
vices and holding facilities are likely to be overwhelmed
 during these events.
Impact of severe weather conditions on CAFOs
under the NPDES Program.

Animal feeding operations that are designated as
CAFOs that experience excessive rainfall events and
discharge animal wastes during these events are subject
to a specific exemption from NPDES regulations
according to the criteria defining a 25-year, 24-hour
storm. These criteria are a statistical calculation of the
National Weather Service, and define the maximum
24-hour precipitation expected per event, with a
probability of the event recurring once in 25 years.
Maps published by the Service show the amount of
rainfall that constitute the 25-year, 24-hour storm event
for every location in the United States.  Similar
catastrophic events include tornadoes, hurricanes,
floods, and other events that would cause an overflow
from the required waste retention structure  into
surrounding waters. A chronic rainfall event is a series
of wet weather conditions that preclude dewatering of
a properly maintained waste retention structure.

Simply put, an AFO discharging animal wastes only
during such a catastrophic event does not violate the
CWA.  However, CAFOs without NPDES permits
authorizing discharges under any other condition than
the 25-year, 24-hour storm event would be in violation
of the CWA because, absent a pertnit, they are not
authorized to discharge wastes at any time or in any
capacity.

What Information is Available on NPDES Regu-
lations Governing CAFOs?

EPA's Office  of Wastewater Management.has
published the Guide Manual on NPDES Regulations for
Concentrated Animal Feeding Operations, (EPA 833-B-95-
001; December, 1995). Other useful EPA publications
include:

• Treatment and Ultimate Disposal of Cattle Feed-
  lot Wastes, EPA 660/2-75-013.  1975;

• Development Document far Effluent Limitations
  Guidelines and New Source Performance Standard
  for the Feedlots Point Source Category, EPA 440/
  1-74-004-a.  1974;

• Feedlots Case Studies of Selected States, EPA
  Feedlots Workgroup. 1993;

• Guidance for Specifying Management Measures
  for Sources ofNonpoint Pollution in Coastal
  Waters, EPA, Office of Water. January 1993.

-------
 Information on NPDES regulations governing
 CAFOs (con't. from p. 1):

 • Summary of Water Pollution from Feedlot
   Waste: An Analysis of its Magnitude and
   Geographic Distribution, EPA Feedlots
   Workgroup, 1993.
 Additional Information from the Code of
 Federal Regulations and citations in the
 FEDERAL REGISTER can help 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
   Feedlots, 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 for
   Participation  in the National Pollutant Discharge
   Elimination System: Concentrated Animal
   Feeding Operations, 41 FR11458 (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).
FOR MORE INFORMATION. CONTACT:
               Where Can I Go For More Information?

               Additional information on NPDES regulations affect-
               ing 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 II (NJ, NY, PR, VI)
                      26 Federal Plaza, New York, NY 10278
                      (212) 264-9894

                      EPA Region III PC, DE, MD, PA, VA, WV)
                      841 Chestnut Building, Philadelphia, PA 19107
                      (215) 597-9078

                      EPA Region FV (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 VTII (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
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) 56M028

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What are CAFOs ?
                                 F A PT 551bs.)             0.4
   Sheep or lambs             0.1

How are AFOs defined, and when do they become
CAFOs?

An animal feeding operation, or AFO, is a facility where
animals are, have, or will be  confined and fed or
maintained for a total of 45 days or more in any 12-
month period. These confinement areas (bams, sheds,
yards, etc.) do not sustain crops or forage growth in
the normal growing season. If the AFO houses more
than a total of 1,000  animal units, 55,000  or more
turkeys, 100,000 or more laying hens or broilers with
continuous overflow watering, 30,000 or more hens or
broilers on a liquid manure system, or 5,000 or more
ducks, then the facility meets the definition of a CAFO.

If the facility has more than 300 total animal units; 16,
16,500 turkeys, 30,000 laying hens or  broilers on
continuous overflow watering, 9,000 laying hens or
broilers on a liquid manure system, or 1,500 ducks, and
discharges pollutants into nearby waters  by means of
a man-made ditch, flushing system, or other similar
man-made device, or discharges pollutants directly into
nearby waters that originate outside of or pass over,
across, or though the facility, or otherwise come into
direct contact with the animals confined there, then
these facilities are also considered to be CAFOs.

In addition to the above criteria, any AFO may be
designated as a CAFO based on water quality concerns.
Factors used in making this determination include the
size of the operation, the amount of waste entering
nearby waters, the location of the facility in relation to
nearby waters, the means of conveyance used to carry
process-generated wastewater into  nearby water
bodies, site-specific factors such as slope, vegetation,
and rainfall, and the type and frequency of discharge
into nearby waters.

Why  are CAFOs of concern in terms of water
pollution?

CAFOs may potentially contaminate nearby creeks,
steams, rivers, lakes, and estuaries from runoff  and
discharges during normal operations. Additionally,
CAFOs are of special concern during periods of
excessive precipitation, because animal waste collection
devices and holding facilities are likely to be
overwhelmed during these  events, allowing large
volumes of wastewater to enter nearby surface water
bodies.

Public concern over the contamination of surface  and
ground water from animal agricultural waste is
currently renewing interest on the part of both the
livestock industry, the public, and regulatory agencies
in developing strategies for reducing and eliminating
this source of water pollution. Of particular concern
are degradation of surface and ground waters from
nitrogen, phosphorus, and pathogens.  EPA.estimates
that animal agriculture contributes about one-third to
one-half of all the nonpoint surface water pollution in
the United States, primarily from the improper
application of animal  wastes  from confinement
operations and grazing.

What is being done to help solve the problem?

EPA's National Pollutant Discharge Elimination
System (NPDES) program provides a means of
addressing the problem by regulating the discharge of
pollutants from CAFOs by permit. Under criteria set
forth in the Code of Federal Regulations (CFR),

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 Information on NPDES regulations governing
 CAFOs (con't. from p. 1):

 • Summary of Water Pollution from Feedlot
   Waste: An Analysis of its Magnitude and
   Geographic Distribution, EPA Feedlots
   Workgroup, 1993.
 Additional Information from the Code of
 Federal Regulations and citations in the
 FEDERAL REGISTER can help 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
   Feedlots, 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 for
   Participation  in the National Pollutant Discharge
   Elimination System: Concentrated Animal
   Feeding Operations, 41 FR11458 (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).
FOR MORE INFORMATION. CONTACT:
               Where Can I Go For More Information?

               Additional information on NPDES regulations affect-
               ing 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 II (NJ, NY, PR, VI)
                      26 Federal Plaza, New York, NY 10278
                      (212) 264-9894

                      EPA Region III PC, DE, MD, PA, VA, WV)
                      841 Chestnut Building, Philadelphia, PA 19107
                      (215) 597-9078

                      EPA Region FV (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 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
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) 56M028

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