Overview of the Final EPA Concentrated Animal Feeding

Operations (CAFO) Regulations

April 1, 2003

Overview of the Final EPA Concentrated Animal Feeding

Operations (CAFO) Regulations

April 1, 2003

Why did EPA revise the Federal CAFO regulations?

Why did EPA revise the Federal CAFO regulations?

Address water quality problems

Update the 25-year old regulations

Improve CAFO Program Implementation

Address a court order

CAFO Rule ObjectivesCAFO Rule Objectives

Simplify and clarify Flexibility for States Promote manure management practices Complement USDA efforts Promote new technologies Emphasis on large Foster voluntary efforts for medium and

small AFO’s Consistency with core NPDES

CAFO Rule HistoryCAFO Rule History CWA: CAFOs are point sources 1974/1976 CAFO regulations EPA/USDA Unified National Strategy for

AFOs – 1999 Proposed Rule – 2000

9 Public Meetings Notices of Data Availability (2) 13,000 public comments

Final Rule (NPDES and ELG signed December 15, 2002 – Published February 12, 2003 – Effective February 26, 2003)

Key definitionsKey definitions

Animal Feeding Operation Confines animals for 45 days in 12 months Sustains no vegetation in confinement area

Concentrated Animal Feeding Operation Large (ex., > 1000 Animal Units - AUs) Medium (ex., > 300 AUs < 1000 AUs

– Stream running through confinement area

– Man-made conveyance to surface water

Small (ex., < 300 AUs, Designation)– Same criteria as Medium

– Significant contributor of pollutants

– On-site inspection

Large CAFO ThresholdsLarge CAFO ThresholdsTHRESHOLDS FOR LARGE CAFO

Animal Type Large CAFO

Dairy Cows 700

Veal Calves 1,000

Beef Cattle 1,000

Other Cattle (e.g. Heifers) 1,000

Swine 2,500 (55 lbs or more)

10,000 (under 55 lbs)

Horses 500

Sheep or Lambs 10,000

Turkeys 55,000

Chickens, liquid manure 30,000

Chickens, other than a liquid manure system

125,000 (not laying hens)

82,000 (laying hens)

Ducks 30,000 (except liquid manure system)

5,000 (liquid manure system)

How many operations will be regulated?

How many operations will be regulated?

Nationally, it is estimated that 15,500 CAFOs will require NPDES permits 11,000 Large facilities 4,500 Medium facilities defined as CAFOs

In Kentucky, it is estimated that 160 operations will be defined as CAFOs:

Poultry (> 125,000 broilers) - 90

Swine (> 2500 pigs (55lb)) - 60

Beef ( > 1000 beef cattle) - 6

Dairy (> 700 dairy cows) - 4

Major Elements of CAFO Rule

Major Elements of CAFO Rule

All Large Operations Must Apply Permit Exemption Eliminated Dry Poultry Included No potential to discharge determination

Effluent Limitation Guideline (ELG) No Discharge exc. large rainfall (e.g. 25yr/24hr

or 100yr/24hr) Land Application BMPs & Requirements (N and

P) Alternative Performance Standards

Nutrient Management Plan Required Implement by December 2006

Annual Report Required

Nutrient Management Plan Elements

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

Annual Report RequirementsAnnual Report Requirements

Number/type of animals Amount of manure/wastewater generated Amount of manure/wastewater

transferred Land application acres covered by

nutrient management plan Land application acres used in previous

12 months Summary of production area discharges Indicate whether NMP was developed by

certified planner

What proposals were not adopted in the Federal

Rule?

What proposals were not adopted in the Federal

Rule? No mandatory co-permitting or integrator

liability requirements No mandatory ground water requirements No required use of certified nutrient

management planners No certification from persons receiving

CAFO manure No lowering of CAFO thresholds

State FlexibilityState Flexibility

Flexibility to address medium and small operations (KNDOP vs. KPDES, Agriculture Water Quality Plan)

Permitting Approach For Kentucky --- Individual KPDES (>

1500 AUs) or General KPDES (1000 to 1500 AUs)

Alternative Performance Standards State Technical Standards and

Nutrient Management (NRCS 590)

Signature – 12/15/02 Publication date – 2/12/03 Effective date – Within 60 days after

publication (2/26/03) ELG Production area requirements

effective for existing large CAFOs – 120 days after publication (6/12/03)

State NPDES program revised – 1 year (2/26/04); 2 years if legal authority change required (2/26/05)

What is the implementation

schedule?

What is the implementation

schedule?

Implementation Schedule For CAFO

Operations

Implementation Schedule For CAFO

OperationsDuty to Apply for KPDES Permit

TYPE OF OPERATION APPLICATION TIMES

Existing CAFO permitted before 2/26/03

No change – ongoing duty to apply for a permit

New CAFO built after 2/26/03 180 days prior to the time the CAFO commences operation

Existing AFO defined or designated as a CAFO after 2/26/03

Within 90 days after the time the operation is defined or designated as a CAFO – or – at the discretion of the state, but no later than 2/26/06

Nutrient Management Plan Implementation

No later than December 31, 2006

Implementation Next Steps

Implementation Next Steps

EPA formulate National Implementation Plan Define and/or designate existing operations as

CAFOs to determine need to obtain KPDES permit (CY 2003 – ongoing)

Update State KPDES regulations to reflect final EPA CAFO NPDES regulations (CY 2004)

Re-issue KPDES General Permits Expire October 2005, reissue late CY 2005 to

reflect new CAFO rule requirements Determine measures of success and assess

environmental results - enforcement, monitoring, compliance (ongoing)

For More informationFor More information CAFO regulations and outreach materials:

www.epa.gov/npdes/caforule

www.epa.gov/ost/guide/CAFO/

http://www.water.ky.gov/dow/cafo.htm Compliance assistance:

www.epa.gov/agriculture USDA programs: www.usda.gov EPA Office of Wastewater Management:

(202) 564-0766 Kentucky DOW – (502) 564-3410