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LISA ANN MCKINLEY Extension/EPA Liaison, UGA Faculty CONNIE ROBERTS

Proposed Revisions to the NPDES Permit Regulation and Effluent Guidelines and Standards for Confined Animal Feeding Operations (CAFOs). LISA ANN MCKINLEY Extension/EPA Liaison, UGA Faculty CONNIE ROBERTS EPA-Region IV Agricultural Contact.

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LISA ANN MCKINLEY Extension/EPA Liaison, UGA Faculty CONNIE ROBERTS

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  1. Proposed Revisions to the NPDES Permit Regulation and Effluent Guidelines and Standards for Confined Animal Feeding Operations (CAFOs)

  2. LISA ANN MCKINLEY Extension/EPA Liaison, UGA Faculty CONNIE ROBERTS EPA-Region IV Agricultural Contact

  3. EPA proposed new water pollution permitting controls in January 2001 that would apply to large concentrated animal feeding operations (CAFOs), typically defined as having 1,000 cattle or comparable "animal units" of other livestock. CAFO - Confined Animal Feeding Operation

  4. FOR RELEASE: MONDAY, MARCH 26, 2001 EPA Administrator Christie Whitman announced her intention to extend the public comment period for 75 additional days on a Jan. 12 proposal to reduce water pollution from large animal feedlot operations. The 75-day extended comment period will allow public comments through JULY 30, 2001.

  5. Proposed Rule Will Revise Two Regulations That Affect CAFOs 1. National Pollutant Discharge Elimination System (NPDES) 2. Effluent Limitations Guidelines (ELG) CAFO - Confined Animal Feeding Operation

  6. Animal Feeding Operations (AFOs) are agricultural enterprises where animals are kept and raised in confined situations. AFOs congregate animals, feed,manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland.

  7. Definition of Animal Feeding Operation (AFO) CLEAN WATER ACT regulations defines an AFO as: Clean Water Act [40 CFR 122.23(b)(1) (PDF)]

  8. Animal Feeding Operation (AFO) • Lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period

  9. Animal Feeding Operation (AFO) • Where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot facility in the normal growing season

  10. Definition of a Confined Animal Feeding Operation (CAFO) Currently an AFO is a CAFO if: • More than 1,000 animal units are confined at the facility OR • From 301 - 1,000 animal units are confined the facility and it also meets one of the specific criteria addressing the method of discharge

  11. In addition, AFOs can be designated a CAFO on a case-by-case basis if the NPDES-authorized permitting authority determines that it is a significant contributor of pollution to waters of the U.S. NPDES - National Pollutant Discharge Elimination System

  12. Under the Clean Water Act, Confined Animal Feeding Operation (CAFO) are defined as POINT SOURCES of pollution and are therefore subject to NPDES permit regulations.

  13. The Clean Water Act • Directs EPA to protect surface waters through the point source permitting program (NPDES) • Requires EPA to periodically reassess the ELG and Standards

  14. For more than 20 years, Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits and effluent guidelines for CAFOs have helped to improve the quality of our nations waters.

  15. Existing RegulationsTHREE-TIER STRUCTURE • > 1,000 AUs are defined as CAFOs • 300 to 1,000 AUs are defined as CAFOs if they discharge either • through man-made device • directly to stream running through confinement area • All < 1,000 AUs can be designated, but <300 AU are CAFOs only if designated

  16. An Animal Unit (AU) is equal to roughly ONE BEEF COW therefore 1,000 AUs is equal to 1,000 beef cows or equivalent number of other animals

  17. Existing Regulations Exclude all poultry operations using dry litter

  18. Proposed Regulations • Include all poultry operations with potential to discharge (adding dry litter systems) • Remove existing definition that uses: • liquid manure system • continuous overflow water system

  19. Co-Proposing Alternative Structures • Use two-tier structure OR • Retain three-tier structure but change conditions for middle tier In both cases, all operations defined as CAFOs are subject to Effluent Limitations Guidelines (ELGs)

  20. Eliminating Animal UnitsDISCONTINUE USE OF THE TERM ANIMAL UNIT (AU) • Revised thresholds refer to actual number of animals Continue to use Animal Units (AUs) to compare and present options in proposed regulations

  21. Proposed Two-Tier Structure • All operations with greater than 500 AUs are defined as CAFOs • Operations with less than 500 AUs are CAFOs only if designated by NPDES authority (case-by-case) REQUESTING COMMENT ON A 750 AUs THRESHOLD OPTION

  22. Proposed Two-Tier Structure • All operations with greater than 50,000 chickens are defined as CAFOs • Operations with less than 50,000 chickens are CAFOs only if designated by NPDES authority (case-by-case) 50,000 CHICKENS

  23. Proposed Three-Tier Structure • All operations with greater than 1,000 AUs are defined as CAFOs • Middle tier must either certify they are not a CAFO (do not meet certain risk-based conditions) or must apply for a permit • Less than 300 AUs are CAFOs only if designated REQUESTING COMMENT ON ALTERNATIVE WITH SIMPLIFIED CONDITIONS FOR MIDDLE TIER

  24. Proposed Three-Tier Structure • All operations with greater than 100,000 chickens are defined as CAFOs • Middle tier 100,000 - 30,000 chickens must either certify they are not a CAFO (do not meet certain risk-based conditions) or must apply for a permit • Less than 30,000 chickens are CAFOs only if designated

  25. Proposed Three-Tier Structure • All operations with greater than 1,000 AUs are defined as CAFOs • Middle tier 100,000 - 30,000 chickens must either certify they are not a CAFO (do not meet certain risk-based conditions) or must apply for a permit • Less than 300 AUs are CAFOs only if designated

  26. Proposed Risk Conditions Middle tier must either certify they do not meet certain risk-based conditions • No direct contact of [confined] animals with waters of US • Sufficient storage and containment to meet Effluent Limitations Guidelines • No evidence of discharge in the past five years • Production area not within 100 feet of waters of US (100,000 - 30,000 chickens)

  27. Proposed Risk Conditions continued • Implementing a ‘Permit Nutrient Plan’ for land application of manure and wastewater • Maintaining records of manure transferred off-site (100,000 - 30,000 chickens)

  28. Proposed Risk Conditions continued • Providing nutrient content information to off-site recipient • Co-proposal: Manure transferred off-site only to recipients certifying to proper practices (100,000 - 30,000 chickens)

  29. Animal Sectors Covered • Beef, diary, swine, all poultry, and veal covered by: • proposed NPDES changes • proposed ELG changes

  30. Dry Poultry Operations • Include all poultry operations with potential to discharge • Remove existing definition that uses: • liquid manure system • continuous overflow water system

  31. Animal Sectors Covered • Horses, sheep, and ducks covered by: • proposed NPDES changes • current ELGs • Others covered by designation

  32. Immature Animals Included • Cattle would include heifers confined apart from a dairy • stand-alone heifer operations counted • 1000 heifers = 1000 AUs • Veal as separate category • 1000 veal cattle = 1000 AUs • Immature swine as separate category • 10,000 swine (<55 lbs.) = 1000 AUs

  33. Mixed Animal OperationsELIMINATE THE MIXED ANIMAL TYPE MULTIPLIER • Not based on cumulative counts of all animals • Sufficient numbers of any single animal type could define an AFO as a CAFO • Once defined as a CAFO, ALL CONFINED animals and wastes are subject to permit requirements

  34. Clarifying Vegetative Language in AFO Definition • Replace current language concerning vegetation not sustained over any portion of facility during normal growing season • New language: Animals not confined when in areas that sustain crops or forage growth during entire time animals are present

  35. 25–Year, 24–Hour Storm Exemption in CAFO Definition Existing regulations contain exemption: • AFOs are excluded from the CAFO definition if they only discharge as a result of a 25-year, 24-hour storm Proposed RegulationsELIMINATE EXEMPTION • All AFOs defined as CAFOs must apply for NPDES permit

  36. LISA ANN MCKINLEY Extension/EPA Liaison EPA REGION IV, ATLANTA FEDERAL CENTER 15th Floor, Wetlands, Coastal and Water Quality 61 Forsyth St., SW, Atlanta, GA 30303 mckinley.lisa@epa.gov 404-562-9403, fax 404-562-9343 Secretary, Mildred Bell, Athens 706-542-1060

  37. National Pollutant Discharge Elimination System (NPDES) Permit

  38. All CAFOs Must Apply for a NPDES Permit • The Director can determine that the facility has no potential to discharge and does not need a permit • “Director” refers to state agency in delegated states • “No potential”considers production area and land application area

  39. Co-Permitting • Proposing that integrators must be “co-permitted” when the Director (state) determines they exercise “Substantial Operational Control” “Substantial Operational Control”

  40. “Substantial Operational Control” The integrator • Directs the activities of persons working at CAFO, or directs supervision of activities at the facility • Owns the animals • Specifies how the animals are grown, fed, or medicated

  41. Co-Permitting REQUESTING COMMENT ON ALTERNATIVES TO WAIVE CO-PERMITTING For Example • State has an adequate and enforceable program for excess manure • Processor implements an “Environmental Management System” with contractors (3rd party audited for compliance)

  42. Estimated Numbers of Operations to be Permitted NATIONWIDE • two tier (500 AUs): 25,500 7% of all AFOs • three tier : 31,900 8 % of all AFOs

  43. Estimated Numbers of Operations to be Permitted REGION IV ALABAMA, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA, TENNESEE • two tier (500 AUs): 7,500 • three tier : 9,600 about 30% of all permitted operations

  44. REGION IVCOMMENT • two tier (500 AUs): 7,500 operations • three tier : 9,600 operations ABOUT 30% OF ALL PERMITTED OPERATIONS ???

  45. Proposed Two-Tier Structure • All operations with greater than 50,000 chickens are defined as CAFOs • Operations with less than 50,000 chickens are CAFOs only if designated by NPDES authority (case-by-case) 50,000 CHICKENS

  46. Proposed Three-Tier Structure • All operations with greater than 100,000 chickens are defined as CAFOs • Middle tier 100,000 - 30,000 chickens must either certify they are not a CAFO (do not meet certain risk-based conditions) or must apply for a permit • Less than 30,000 chickens are CAFOs only if designated

  47. Land Application at the CAFO • CAFO includes both the production area and the land application area • Permittees must develop a “Permit Nutrient Plan” (PNP) • Permittees must comply with terms of the ELG including development of the appropriate application rate

  48. Permit Nutrient Plan (PNP) • Subset of a Comprehensive Nutrient Management Plan (CNMP) • Compatible with a CNMP • May be developed as part of a CNMP • Contains only those requirements necessary to conform to the revised effluent guidelines

  49. draft guidance: Managing Manure Nutrients at Concentrated Animal Feeding Operations Table IIIA: Minimum Standards to Protect Water Quality in NPDES Permits for CAFOs www.epa.gov/ost/guide/cafo/rule.html

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