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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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Presentation Transcript
  • 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
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
Guiding Principles
  • Emphasis on large
  • Complement State/USDA efforts
  • Promote manure management practices
major rule elements
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
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
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
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
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 Plan Elements
nutrient management technical standard
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
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
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
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
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
Recap: Important Points(continued)
  • State is permitting authority
    • (already implementing some aspects of revised CAFO Rules)
  • Continue to enforce existing regulations

ELG Land ApplicationPractices

Nutrient Management Technical Standard

NPDES Permit


NPDES Permit Minimum Practices for NMPs

court decision issues upheld
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
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
Court Decision –Issues Remanded by the Court
  • BCT effluent guidelines for pathogens
  • NSPS 100-year storm standard
  • Water quality-based effluent limits.
more information
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