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Overview of the Revised CAFO Regulations Ralph Summers EPA Region 7

Overview of the Revised CAFO Regulations Ralph Summers EPA Region 7. CAFOs?. C oncentrated A nimal F eeding O perations 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?.

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Overview of the Revised CAFO Regulations Ralph Summers EPA Region 7

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  1. Overview of the Revised CAFO RegulationsRalph SummersEPA Region 7

  2. CAFOs? • Concentrated Animal Feeding Operations • Clean Water Act of 1972 directed EPA to regulate CAFOs • Regulations governing CAFOs came out in 1974 and 1976

  3. 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

  4. Guiding Principles • Emphasis on large • Complement State/USDA efforts • Promote manure management practices

  5. 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)

  6. 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

  7. 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)

  8. ELGLand Application Requirements • Set-backs from Streams • 100 foot • 35 foot with vegetative buffer • alternative set-backs possible • Field specific assessment for N and P transport • Manure and soil sampling • Record keeping • Rates, areas, and times of land application • Weather conditions around application • Manure transfer record keeping

  9. 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 Plan Elements

  10. 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.

  11. 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

  12. 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

  13. 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

  14. 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

  15. Recap: Important Points(continued) • State is permitting authority • (already implementing some aspects of revised CAFO Rules) • Continue to enforce existing regulations

  16. ELG Land ApplicationPractices Nutrient Management Technical Standard NPDES Permit NMP NPDES Permit Minimum Practices for NMPs

  17. Court Decision - Issues Upheld • 1. Land application regulatory scheme and interpretation of agricultural storm water • 2. Effluent guidelines

  18. 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

  19. Court Decision –Issues Remanded by the Court • BCT effluent guidelines for pathogens • NSPS 100-year storm standard • Water quality-based effluent limits.

  20. More information: • CAFO regulations and outreach materials: www.epa.gov/npdes/caforule • Compliance assistance: www.epa.gov/agriculture • Region 7 Website: www.epa.gov/region07/ • EPA Region 7: (800) 223-0425

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