Transcript Final CAFO Rule - University of Missouri

Overview of the Revised
CAFO Regulations
Ralph Summers
EPA Region 7
CAFOs?

Concentrated Animal Feeding Operations

Clean Water Act of 1972 directed EPA to
regulate CAFOs

Regulations governing CAFOs came out in
1974 and 1976
Why did EPA revise the
CAFO regulations?

Address water quality problems

Update the 25-year old regulations

Improve CAFO Program Implementation

Address a court order
Guiding Principles

Emphasis on large

Complement State/USDA efforts

Promote manure management practices
Major Rule Elements

All Large Operations Must Apply



Dry Poultry Included
Permit “no discharge” Exemption Eliminated
Required: Nutrient Management Plan
(by Dec. 2006)

Discharge Limitations


No Discharge
Land Application Requirements (N and P)
Am I a CAFO?



Animal Feeding Operation
Concentrated Animal Feeding Operation

Large CAFO Threshold

Medium CAFO Threshold

Designated
New thresholds for immature swine, heifers,
and poultry operations
Production Area
No Discharge Requirements

Existing Large CAFOs and New Beef
and Dairy CAFOs keep the current design
standards


No discharge from the production area
except from facilities designed and operated
to contain all process waste and run-off from
a 25yr-24hr storm
New Large Swine, Veal Calf, and Poultry
CAFOs

Additional production area design
requirement (100yr-24hr)
ELG
Land Application Requirements

Set-backs from Streams




Field specific assessment for N and P transport


100 foot
35 foot with vegetative buffer
alternative set-backs possible
Manure and soil sampling
Record keeping



Rates, areas, and times of land application
Weather conditions around application
Manure transfer record keeping
Nutrient Management Plan Elements

Adequate storage

Mortality management

Divert clean water

Prevent direct contact

Proper chemical
handling

Site-specific
conservation
practices

Manure/soil testing

Land application

Records and
documentation
Nutrient Management
Technical Standard

Required by ELG

Established by Permit Authority

Addresses

Field-specific assessment of N and P
transport from field to WOUS

Address form, source, amount, timing and
method of application of nutrients

Balance nutrient needs of crops and
potential adverse water quality impacts in
setting methods and criteria to determine
application rates.
State Flexibility

Permitting Approach

Individual, General

Technical Standards for Nutrient Management

No potential to discharge determinations

Flexibility to address medium and small
operations

Alternative Performance Standards
Timeframes for implementation

State NPDES program revised – 1 year
(2 years if legal authority change required)

Current regulations still apply, CAFOs under
the old regulations should apply immediately

Newly defined CAFOs will be regulated no
later than April 14, 2006
Timeframes for implementation
(continued)

Permit will determine when requirements
need to be met

Nutrient Management Plans need to be
ready to be implemented by Dec. 31
2006
Recap: Important Points

All CAFOs have a duty to apply for a
NPDES permit

New land-application and production area
requirements

All CAFOs will need to develop and
implement Nutrient Management Plans
Recap: Important Points
(continued)

State is permitting authority


(already implementing some aspects of
revised CAFO Rules)
Continue to enforce existing regulations
NPDES
Permit
NMP
NPDES Permit Minimum Practices for NMPs
Court Decision - Issues Upheld

1. Land application regulatory
scheme and interpretation of
agricultural storm water

2. Effluent guidelines
Court Decision –
Issues Vacated by the Court

Nutrient Management Plans




Effluent Limit
Review by Permitting Authority
Public availability
Duty to Apply

NPDES Permit to Discharge
Court Decision –
Issues Remanded by the Court

BCT effluent guidelines for pathogens

NSPS 100-year storm standard

Water quality-based effluent limits.
More information:

CAFO regulations and outreach materials:
www.epa.gov/npdes/caforule

Compliance assistance: www.epa.gov/agriculture

Region 7 Website:

EPA Region 7: (800) 223-0425
www.epa.gov/region07/