Cleanwater Final Regulations for CAFOs

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Clean-water Final Regulations for CAFOs
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Why did EPA Revise the Regulations?

• Reduce water pollution
• Update and improve the 27-year old program
• Respond to a court order

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Guiding Principles

• Simplify and clarify
• Promote careful management of manure and
  wastewater
• Complement USDA efforts
• Emphasize large-sized operations and promote
  voluntary control of pollution by smaller
  operations
• Provide flexibility for states
• Promote new technologies
• Assure consistency with program for other point
  sources

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History of CAFO Program

• CAFOs are point sources (1972)
• Initial regulations (1974,1976)
• Consent decree with NRDC, et al. (1992)
• EPA/USDA Unified National Strategy for AFOs
  (1999)
• 2,000 CAFOs have permits (1999)
• Proposed revisions to regulations (2001)
• 4,500 CAFOs have permits, including first in Ohio
  (2002)
• Final revisions to regulations (2003)

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Summary of Regulations

• Unpermitted discharges are prohibited
• All CAFOs must apply for a permit
• 25-yr, 24-hr storm and poultry dry manure
  exemptions from permit eliminated
• Opportunity to demonstrate no potential to
  discharge
• Guidelines, standards, and practices for permits
• No discharge from production area
• Management practices for production area and land
  application

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Key Definitions

• Animal feeding operation
• Confines animals for 45 days in 12 months
• Sustains no vegetation in confinement area
• Concentrated animal feeding operation
• Large
• Medium
• Stream passes through production area
• Man-made conveyance to surface water
• Small (case-by-case basis)
• Same method of discharge as medium
• Significant contributor of pollutants
• On-site inspection

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Other Changes

• New categories of CAFOs include immature swine,
  heifer, and some poultry operations
• Eliminates animal units and mixed animal
  calculation

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Thresholds for Large
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Ranges for Medium
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How Many Operations Require Permits?

• 15,500 (11,000 large and 4,500 medium defined as
  CAFOs)
• A limited number of medium and small facilities
  may be designated as CAFOs
• This captures 60 percent of all AFO manure

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National Guidelines, Standards, and Practices for
Permits

• Apply to large-sized CAFOs.
• Similar requirements for other CAFOs are based on
  professional judgment.
• One of several standards written into permits.
  Others are based on professional judgment or
  state law.

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National Guidelines, Standards, and Practices for
Permits

• Existing Large Beef, Dairy, Swine, Veal Calf,
  Poultry, and New Beef and Dairy CAFOs
• No discharge from production area except when
  rain causes overflow from a containment facility
  designed and maintained for 25-year, 24-hour
  storm.
• Management practices for production area and land
  application.

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National Guidelines, Standards, and Practices for
Permits

• New Large Swine, Veal Calf, and Poultry CAFOs
• No discharge from production area. Containment
  facility designed and maintained for 100-year,
  24-hour storm will satisfy.
• Management practices for production area and land
  application activity.

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National Guidelines, Standards, and Practices for
Permits

• Management practices for land application
• Field-specific assessment of N and P transport
• Manure, wastewater, and soil sampling
• Rate of N, P application as established by state
• Setback/vegetative buffer
• Opportunity to establish alternative performance
  standards for production area

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Nutrient Management Plan

• Adequate storage
• Mortality management
• Divert clean water
• Prevent contact of animals with waters
• Proper chemical handling

• Site-specific conservation practices
• Manure/soil testing
• Rate of application
• Records and documentation

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Other Changes

• Keep records on manure transfers
• Report to state annually

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Annual Report

• Number/type of animals
• Amount of manure/wastewater generated and amount
  transferred
• Number of acres covered by nutrient management
  plan
• Number of acres used in previous year
• Summary of discharges from production area
• Was NMP developed by a certified planner?
• Noncompliance not previously reported

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What Proposals were not Adopted?

• Co-permitting
• Ground water controls
• Required use of certified nutrient management
  planners
• Certification from persons receiving CAFO manure

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Benefits

• Reduce discharges of sediment, phosphorus, and
  nitrogen by 1.1 billion, 41 million, and 20
  million lbs/yr, respectively
• Reduce releases of CAFO-related pathogens by 46.
• Reduce the number of private wells exceeding the
  MCL for nitrate by 9.

• Recreation (166 to 299m)
• Fish kills (0.1m)
• Shellfish (0.3 to 3.4m)
• Private wells (30.9 to 45.7m)
• Public drinking water (1.1 to 1.7m)

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Costs

• Large CAFOs, 283 million/year
• Medium CAFOs, 39 million/year
• Small CAFOs, 4 million/year
• States, 9 million/year

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Schedule

• Signature 12/15/02
• Publication date (TBD)
• Effective date 60 days after publication
• Production area requirements for large CAFOs
  120 days after publication.
• States revise programs - 1 year (2 years if law
  change required)

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Detailed Schedule
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Next Steps

• National plan for implementation
• Continue to partner with USDA and Ohio agencies
• Support Ohio implementation plans
• Update Ohio NPDES program
• Issue NPDES permits
• Performance standards
• Management practices
• Self-monitoring, record-keeping, reporting
• Standard conditions
• Measures of success/assess environmental results

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More Information

• Regulations and related materials
  www.epa.gov/npdes/caforule
• Compliance assistance www.epa.gov/agriculture
• USDA programs www.usda.gov
• Steve Jann, EPA Region 5
• [phone] jann.stephen_at_epa.gov