vvEPA
United States
Environmental Protection
Agency
Fact Sheet: Livestock and Poultry Operation Inspections
Under EPA's National Pollutant Discharge Elimination System Program
Photo by Eric Vance, U.S. EPA
The U.S.
Environmental
Protection Agency's
water program
inspects livestock
and poultry
operations to make
sure the appropriate
steps are being
taken to protect
rivers, lakes and
streams from
possible damage and
to protect public
health.
EPA has put together a series of answers to commonly asked questions to help livestock and poultry
operation owners and operators understand what to expect from EPA National Pollutant Discharge
Elimination System (NPDES) inspections. Knowing what to expect during and after an inspection can
allow an owner or operator to be prepared for an inspection and can increase understanding of federal
requirements. EPA encourages owners and operators to find and correct any deficiencies on their own.
Deficiencies found during an inspection will require corrective action to come into compliance. If
needed, EPA will work with you to establish a schedule to reach compliance.
Important Note
Maintaining proper biosecurity at livestock and poultry operations is a high priority for the EPA
and inspectors will follow EPA's national biosecurity protocols. See question 5 below for more
detail on how EPA approaches biosecurity during inspections. Discuss any concerns you have
about the effect of the visit on the health of your animals with the inspector.
1. The state agency inspects my facility on a regular basis, why is EPA inspecting my operation?
The United States Congress gave EPA the authority and responsibility to implement Clean Water Act
programs, including the NPDES program, when the law was passed in 1972. EPA has authorized most
states to implement the NPDES program on EPA's behalf. Where states have been given this authority,
they are the primary agency for permitting and inspections. However, EPA is obligated to ensure that
authorized states implement the NPDES program as required, which includes conducting some joint
and/or independent inspections. EPA directly implements the NPDES program in states not authorized
1
-------
ŁEPA
United States
Environmental Protection
Agency
and on tribal lands. EPA may also inspect facilities that are considered nationally or regionally
significant or when potential environmental or public health damage or risk is involved.
2. Will EPA contact me prior to showing up at my operation for an inspection?
EPA's Legal Authorities
Section 308 of the Clean Water Act
provides EPA with the authority to
enter any premises in which an
effluent source is located. This
broad authority allows EPA to
inspect operations where
discharges from point sources such
as concentrated animal feeding
operations are suspected or located.
It also allows EPA to review and
copy records and collect discharge
samples or other information from
effluent sources, as required.
Under United States Code, Title
18, section 1001, it is a crime to lie
to, or conceal information from, a
federal official.
EPA may provide advance notice to you that it intends to
conduct an inspection at your livestock or poultry facility.
EPA knows that at some facilities, an operator may not be on-
site at all times and that it is important, if possible, to have the
right people available during the inspection (for example, the
manager of the operation, nutrient management advisor or
integrator representative). Advance notification also lets you
know the scope of the inspection and provides you with an
opportunity to discuss biosecurity protocols or any concerns
you may have. However, EPA reserves the right to conduct
unannounced inspections. EPA understands that an inspection
of your facility will require your time and participation and
the EPA inspector will try to avoid disrupting your operation.
Upon arrival, the inspector will ask permission to conduct the
inspection. If you deny the inspector entry to a facility, EPA
has the option of obtaining a search warrant and returning to
the facility to conduct the inspection. See information on
EPA's authorities to the right.
3. How do I know the individual showing up for the
inspection is a legitimate federal inspector?
Upon arrival at the facility an inspector will present EPA inspector credentials as evidence of his or her
identity, and authority under federal law to conduct the inspection. If an inspector does not present
these credentials you should ask to see them. EPA issues credentials to federal employees, contractors,
employees of state and tribal governments, or others acting lawfully on EPA's behalf. If you have any
doubt at all about the legitimacy of the inspection, please ask for the phone number of the inspector's
supervisor so you can call and verify the information and confirm the visit is authorized.
The inspector is not allowed to let you hold or photocopy the credentials, but will usually provide you
with the inspector's name and contact information in writing. If the inspector does not provide this,
you should write down the inspector's name and contact information yourself. Occasionally, the
credentialed inspector may be joined by one or more inspectors-in-training. Each inspector-in-training
will present to you an EPA-issued identification with a photograph.
4. What is the purpose of a Clean Water Act NPDES inspection?
EPA conducts inspections of livestock and poultry operations for the following reasons: to gather
information that will be used to determine whether a facility, operating without an NPDES permit, is
discharging manure, litter or process wastewater into waters of the U.S. in violation of the Clean Water
Act; to collect information to evaluate whether a permitted facility is complying with its NPDES
2
-------
ŁEPA
United States
Environmental Protection
Agency
permit; to collect information to help determine if an operation meets the definition of a concentrated
animal feeding operation (CAFO) or should be designated as a CAFO; to respond to a citizen
complaint; or to assist the state when requested.
The inspector can also provide compliance assistance by explaining the manure management
requirements of the NPDES CAFO regulations including highlighting areas that, if unaddressed, could
lead to violations in the future.
5. What biosecurity procedures does EPA use when it performs livestock and poultry operation
inspections?
EPA inspectors will follow EPA's national biosecurity
protocols as maintaining proper biosecurity at
livestock and poultry operations is a high priority for
the EPA. Let the inspector know about any
biosecurity procedures you follow and any relevant
information you have related to your animals.
Inspectors are encouraged to adopt more stringent
measures, as appropriate, into their procedures. The
inspector can show you EPA's biosecurity protocol or
you can access the protocol at:
http://www.epa.gov/agriculture/tbis.html.
6. What happens during a Clean Water Act
NPDES inspection?
Initial Interview - Inspections typically begin with an
interview with key facility staff. During the interview,
the inspector will discuss the purpose of the inspection, where the inspector plans to go on-site, the
biosecurity procedures, and the schedule of inspection activities, including whether there will be a
review of records and sample collection. The interview can be conducted later to accommodate your
schedule, or the arrival of key facility staff. Good communication during the initial interview, and
throughout the inspection can help the inspector understand your operation, and can help you better
understand regulatory requirements.
Biosecurity Procedures
EPA's biosecurity protocol requires that,
among other procedures, the inspector
should:
• Inform the operator where the
inspector plans to go on-site and
determine appropriate biosecurity
procedures.
• Enter animal housing buildings
only if necessary.
• Consider using the facility's
biosecurity procedures if more
stringent than the EPA's, as
appropriate.
Schedule of Inspection Activities - The inspector will evaluate your operation as it relates to EPA's
regulations and requirements. You are encouraged to go with the inspector, take notes and ask
questions. Depending on the size of your operation, the inspection may take a couple of hours, one
day, or multiple days. The EPA inspector, with your input, will try to sequence activities to cause the
least disruption to your operation during the inspection. Most livestock and poultry operation
inspections are completed in less than a day.
Facility Visual Inspection - The facility visual inspection will cover both the production area and all
or some of the land application areas. The inspector will ask questions about the areas being visited
and take notes, photographs/video recordings and may take environmental samples. The inspector will
gather information to determine if your facility is discharging pollutants to a water of the U.S. or
-------
ŁEPA
United States
Environmental Protection
Agency
identify conditions that could cause discharges in the future. The inspector may view feed and bedding
storage areas, stockpiles, mortality storage and disposal, as well as manure, litter and process
wastewater storage, transportation, treatment and land application areas. The inspector may want to
observe and assess the integrity, condition and maintenance of equipment, basins, tanks, lagoons and
other structures. The inspector may also check oil storage areas that support the operation for
compliance with the Spill Prevention, Control and Countermeasure regulations.
Sampling - The inspector may take samples of manure, litter, wastewater, soils or other materials. If
the inspector takes samples, he or she will explain to you the reasons for taking the samples, what
types of samples were taken and the types of analysis that will be conducted. EPA follows established
national standard sampling and analysis protocols. If you would like to receive a copy of EPA's
sampling and analysis protocols, discuss this with the inspector. Upon your request, the inspector may
be able to split the samples and give half of them to you so you can have them analyzed at a laboratory
of your choice (at your own expense) and compare results with EPA's. However, if the laboratory you
choose uses different analysis protocols, or you store or handle the samples differently from EPA, your
results may differ from EPA's.
Records Review - The inspection may include a review of records including animal inventories and
manure generation and storage, treatment and land application records, if applicable. If you have an
NPDES permit, the inspector will generally ask to see any specific records required under your
NPDES permit including a Nutrient Management Plan.
Exit Interview - At the end of the inspection, the inspector will conduct an exit interview. This allows
you and the inspector to clarify issues that were identified during the inspection. Any information
provided to you by the inspector will be preliminary. The inspector does not make the determination of
compliance or noncompliance at the time of the inspection. However, the inspector may highlight areas
that, if unaddressed, could lead to violations in the future. The inspector is an excellent source of
information if you have questions about the regulations. You should ask questions to clarify any issues
that are unclear.
The inspector will leave his or her name and phone number and information on how to reach other key
contacts. You are encouraged to contact these people if you have questions about the inspection or any
follow-up activities.
7. What happens after the inspection?
EPA will review all of the information obtained during the inspection. Sometimes the inspector may
contact you if he or she needs more information or clarification. Occasionally, the EPA inspector
returns on a future date to collect samples or gather additional information. To ensure accuracy and
consistency, the compliance determination will be made by an EPA case review officer in consultation
with the inspector.
If EPA does not identify any violations, no follow-up will be needed. EPA may informally notify (e.g.,
by phone or by sending a letter) the owner or operator of minor issues that should be addressed to
avoid future compliance issues.
-------
ŁEPA
United States
Environmental Protection
Agency
If EPA has detected violations, EPA will consider a number of factors in determining an appropriate
response: the type, magnitude, and frequency of violation; any threat to human health or the
environment; the compliance history of the facility; and any good faith effort by the facility to remedy
the violation.
For minor or less serious violations, EPA may send the owner or operator a notice of violation or
warning letter that explains what the inspector observed at the operation and how it is not in
compliance with certain requirements. The CAFO owner or operator should promptly correct any
deficiencies.
For ongoing violations or violations that are more serious and/or require time to correct, EPA may
issue an administrative compliance order that establishes a deadline by which compliance must be
achieved. The order may or may not include a penalty. For serious violations or situations in which a
facility repeatedly fails to correct problems and continues to have violations, EPA may pursue a civil
judicial action in federal court to require corrective actions and set a timetable to achieve compliance.
In rare instances, a criminal investigation may be conducted if EPA suspects that an individual has
knowingly or willfully violated federal law.
For More Information
To learn more about CAFO requirements and how they may apply to you, read the federal and state
regulations or contact your state permitting authority or one of the EPA Regional Offices. Additional
information on EPA's CAFO regulations can be found at: http://water.epa.gov/polwaste/npdes/afo/.
Compliance assistance information is available on EPA's Agriculture Center's website at:
http ://www. epa.gov/agriculture/anafowat.html.
Office of Enforcement and Compliance Assurance
September 2014
EPA305-F-14-001
------- |