Minnesota Pollution Control Agency: NPDES Overview

1. Minnesota Pollution Control Agency: NPDES Overview Samantha Adams MPCA

2. Presentation Outline • Feedlot Permitting Thresholds • Permit Types • Application Process • Other Considerations

3. I. Feedlot Permitting Thresholds:State Animal Units and Federal Animal Numbers • Thresholds • State Animal Unit Thresholds • Federal Animal Number Thresholds • These thresholds are critical to determining which type of permit is required for a facility.

4. I. Feedlot Permitting Thresholds:Animal Units • State of MN use AUs to determine permit types, environmental review, manure management requirements, etc. • Local units of governments may do the same • It is an important number to accurately represent before applying for a permit on Feedlot Registration Forms, County documents, etc.

5. How many animal units is one mature dairy cow >1000#? • 1.0 • 1.4 • 1.2 • 0.8

6. I. Feedlot Permitting Thresholds:Animal Units • Animal Unit (AU) – Unit of measure used to compare difference in the production of animal manure for an animal feedlot or manure storage area. • Total Animal Units – Multiply the number of animals of each type by their factor and add the values.

7. What is the correct answer to the following question; if I had 2489 sows, how many animal units is that? • 988.2 • 862 • 1002.4 • 995.6

8. I. Feedlot Permitting Thresholds:Animal Units • Be sure you are using the correct AU for each animal • Note: The AU is based on the size and weight of the animal at the time they leave your site

9. I am at a beef site that feeds them out to market weight, which animal unit should I use for these animals? • Beef Feeder Cattle • Beef Calves • Beef Slaughter Steer or Stock Cow • All of the Above

10. I. Feedlot Permitting Thresholds:Important Animal Unit Thresholds Permitting Thresholds • 300 AUs or greater • Construction or expansion over 300 AUs requires a state permit • Permit may be issued by Delegated County • 1,000 AUs or greater • Construction or expansion this amount requires a state and/or federal permit Other Requirements Based on AUs • 100 AUs or greater • Land application of manure record keeping, nutrient sampling • 300 AUs or greater • Manure management plan required

11. I. Feedlot Permitting Thresholds:US-EPA Large CAFO Animal Number Thresholds

12. I. Feedlot Permitting Thresholds:US-EPA Large CAFO and MN State Thresholds

13. Would the county or state be responsible for permitting a brand new site proposing to house 2,800 head of finishing swine 55-300 lbs? • County • State

14. I. Feedlot Permitting Thresholds:State Animal Units and Federal Animal Numbers • If the facility meets one or both of the thresholds (EPA Large CAFO and MN 1,000 AUs), then the facility is required to have a state or federal permit to construct, expand and operate your feedlot.

15. Presentation Outline • Feedlot Permitting Thresholds • Permit Types • Application Process • Other Considerations

16. II. Feedlot Permit Types: NPDES/SDS • Feedlots that fall into either US-EPA Large CAFO definition and/or MN 1,000 AU Threshold must have: • Joint National Pollution Discharge Elimination System/State Disposal System Permit (NPDES/SDS) • General • Individual • Or, State Disposal System Permit (SDS) • General • Individual • Or, for Large CAFOs that are zero discharge, NPDES/SDS and SDS permits are optional

17. II. Feedlot Permit Types: NPDES/SDS What does “zero discharge” mean? No discharge is where nopollutants from manure or process wastewater generated in a barn, open lot, manure or feed storage area enter a water of the US. Exception: When overflow occurs from a feedlot designed, constructed, operated, and maintained to contain all manure and process wastewater, and runoff from a 25 yr. - 24 hr. rain fall event. Operation & Maintenance Practices are verified by: • Routine visual inspections • Use of depth markers for liquid impoundments • Mortality handling • Recordkeeping

18. II. Feedlot Permit Types: NPDES/SDS • National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) permit • Combination of Federal and State requirements • Provides protections under Clean Water Act • Current permit will expire on 1/31/2016 • Needed when proposing a new or expanding an existing facility, or to operate an existing feedlot that: • Meets or exceeds the US-EPAs Large CAFO threshold; and • Discharges to waters of the US; or • Elects to have coverage

19. II. Permitting – NPDES/SDS Permit • Two Types of NPDES/SDS Permits • General • Individual

20. II. Permitting – NPDES/SDS Permit • Two Types of NPDES/SDS Permits • General • Individual

21. II. Permitting – SDS Permits • State Disposal System (SDS) Permits • General • Individual • Construction under these permits may also require a Construction Stormwater Permit • Not available at this time, permits being drafted and more information will be forthcoming

23. What do I need to remember about SDS and NPDES Permits? • I need to know when to permit with an SDS or NPDES • I need to know when a site exceeds the CAFO threshold or 1000 AU and refer to MPCA

24. Presentation Outline • Feedlot Permitting Thresholds • Permit Types • Application Process • Other Considerations

25. III. Permitting – Application Process • MPCA must review your application within 15-business days • NPDES/SDS permits require a 30-day Public Notice • We make great efforts to issue your permit correctly and timely

26. Presentation Outline • Feedlot Permitting Thresholds • Permit Types • Application Process • Other Considerations

27. VI. Other Considerations: Environmental Review • Project Thresholds for Environmental Assessment Worksheet (EAW) • Mandatory • Environmental Review Required for Project. • Discretionary • Environmental Review may be done for Project. • Exempt • Environmental Review may not be done for the Project.

28. VI. Other Considerations: Environmental Review Mandatory Mandatory EAW Thresholds Sensitive Areas • Construction of a new AFO with a capacity of 1,000 AU. • Expansion of an existing AFO by 1,000 or more AU. • Construction of a new AFO by 500 or more AU in a sensitive location. • Expansion of an existing AFO by 500 or more animal units in a sensitive location • Shoreland • Delineated flood plain • Designated wild and scenic river district • Delineated DWSMA • Within 1,000 feet of a known sinkhole, cave, resurgent spring, disappearing spring, Karst window, blind valley, or dry valley.

29. VI. Other Considerations: Environmental Review Discretionary Petitions • A governmental unit with jurisdiction may order the preparation of an EAW for any project that does not exceed mandatory thresholds … and when the project is not exempted. • An EAW may be required with a Petition that: • Is signed by at least 100 individuals • Is submitted before the project has received final approval by the appropriate governmental units • Demonstrates that there may be potential for significant environmental effects

30. VI. Other Considerations: Environmental Review Exempt • The expansion of an existing feedlot by less than 100 AUs, not in a sensitive location. • The construction of a new, or expansion of an existing feedlot by 50 AUs regardless of location. • Feedlots outside sensitive areas are exempt when: • New feedlot has a capacity less than 1,000 AUs, or the feedlot has a total capacity of less than 1,000 AUs after expansion; and • County board holds a public meeting for citizen input 10 business days before the feedlot permit is issued, unless another public meeting for citizen input has been held with regard to the feedlot to be permitted.

31. Do I need to even worry about EAWs? • No, MPCA takes care of these • Counties never see these • Yes, counties can be responsible for being the RGUor forwarding to MPCA

32. VI. Other Considerations: Environmental Review Phased Actions Phased Action Requirements Additional Information • Two or more projects to be undertaken by the same proposer that: • Environmentally impact the same geographic area; and • Are undertaken sequentially over a limited period of time. • “Limited Period of Time” is three years between start of construction of one project and the date of application for the next project. • “Same Geographic Area” is: • Determined on a case by case basis with the following considerations: • Potential impacts to air quality. • Potential impacts to water quality. • Land application sites. • Watersheds.

33. VI. Other Considerations: Multi-Site Permitting • Determine if feedlots are separate or combined • Multiple sites (and AUs) are combined when: • There is Common Ownership; and • The Sites Adjoin; or • The sites use common areas or system for disposal of wastes • Land application acres or comingling of manure

34. VI. Other Considerations: Multi-Site Permitting Common Ownership • Definition of owner from Minn. R. 7020.0300 • MPCA considers husband and wife as a single owner • MPCA considers minor children as a single and common owner • Subpart 17: "Owner" means all persons having possession, control, or title to an animal feedlot or manure storage area.

35. VI. Other Considerations: Multi-Site Permitting Adjoining Production Sites Production sites adjoin if: • within ¼ mile of each other • Measured from barns, open lot, or storage areas • Road, ditch or fence, do not constitute “separation” (if within ¼ mile)

36. VI. Other Considerations: Multi-Site Permitting Common areas or system for land application • Duplicate acreages noted in the manure management plan, or • Commingling in a shared manure handling system • Not common system just because same third party takes the manure • Not common system if using same equipment and never mixing manure sources

37. In conclusion… • Many considerations to make as a producer expands their operation • Long-term plans for expansion should include future permit requirements • MPCA and CFOs can assist in planning for your expansion, navigating state and federal requirements and completing an application • MPCA and CFO commonly meet together with a producer to address these needs at one time.

38. Questions