1. ANIMAL FEEDING OPERATION REGS Ron Jepson CDPHE - Water Quality Control Division

2. What is an AFO? Confined animal or poultry growing operation –Livestock fed for 45 days or longer in any 12-month period –No forage growth during growing season Non-point pollution

3. What is a CAFO? Concentrated Animal Feeding Operation ;Must be an AFO first ;AFO with 1,000 animal unit equivalency òEquivalency factors (50% of adult wt. = 50% AU) ¶ Feed cattle1.0 · Dairy cattle1.4 (715) ¸ Swine or Sheep0.2 (5,000) ¹ Horses1.0 º Chickens/Turkeys0.01 - 0.02

4. CAFOs (cont) Any AFO can be designated a CAFO if: –Pollutants discharged into waters of state: Ê through ditch or other manmade device Ë through contamination of flow-through water

5. CAFOs (cont) An AFO is a CAFO if: Located where it could affect a hydrologically sensitive area

6. Colorado’s CAFO Regulation CAFO here means Confined Animal Feeding Operations (since 1974/92) –Versus Concentrated Regulates AFOs and CAFOs Protect surface & ground water, and soils Regulation No. 81

7. What is a HCSFO? Housed Commercial Swine Feeding Operations > 800,000 pounds of live weight capacity at any one time –Or is deemed commercial by local zoning or land use Amendment 14 in 1998 Regulation No. 61

8. Colorado’s Two AFO Regs http://www.cdphe.state. co.us/regs/100281.pdf www…./100261.pdf

9. CAFO Regs (cont) - Discharges Discharge Introduction or addition of a pollutant into state waters Except as result of 25-year, 24-hour storm Discharges from chronic storms  permit Goal: No discharge to waters of state

10. CAFOs (cont) WATERS OF THE STATE Any and all surface and subsurface waters which are contained in or flow through Colorado. J Includes dry washes

11. CAFO Regs (cont) - AFOs AFOs must utilize BMPs, as appropriate –To reduce impacts from AFOs 1. Divert runoff from uncontaminated areas e.g., roofs, ditches, terraces 2. Decrease open lot surface area e.g.,  animal density, roofs, collect manure frequently

12. CAFO Regs (cont) - AFOs 3. Decrease water volume Minimize water wastage Minimize flushing volumes Recycle 4. Decrease discharges to watercourses Impound and evaporate wastewater Land apply at agronomic rates No storage within 100-year flood plain

13. CAFO Regs (cont) - AFOs 5. Minimize transport to water (cont) Remove settleable solids –Settling basins, terraces, diversions Grassed strips, filter fences, straw bales at edge of eroded soil 6. Protect groundwater Locate a min. 150’ from water wells Establish land application buffers around wells

14. CAFO Regs (cont) - CAFOs Are concentrated AFOs Point sources of pollution Divert run-on water; collect contaminated run-off water (1/4” to 1/32”/day seepage) No discharge except as a result of storms in excess of 25-year, 24-hour event. No siting requirements –HCSFOs: 50’ to 300’ from water

15. CAFO Regs (cont) - CAFOs Land application –Flood irrigation: recover tailwater –No discharge to waters when ground is frozen, saturated, or during rainfall –Three options of applying manure at agronomic rates Submit manure and process wastewater management plan to the WQCD – (if new or expanded after 8/92)

16. CAFOs - Discharge Permits Discharge permit from state not required if discharge only as result of storms in excess of 25-year, 24-hour storm. State released a CAFO general permit for public comment on March 2, 2001 –Available in May, 2001

17. AFOs and CNMPs Four Minimum Elements of a CNMP Per December 1, 2000, USDA CNMP Technical Guidance –Manure & Process Wastewater Handling –Land Treatment Practices Erosion and runoff control –Nutrient Management –Recordkeeping

18. AFOs and CNMPs Other Elements of a CNMP Feed Management Other Utilization Activities –Composting, pelleting, treatment systems, energy production, …

19. AFOs and CNMPs Comprehensive Nutrient Management Plans (CNMPs) CNMPs are neither required nor regulated for AFOs or CAFOs!!! –Are a national expectation for AFOs under 1999 USDA/EPA National AFO Strategy

20. CNMPs vs. State CAFO Regs CNMPs Fully integrated conservation system Feed, air quality, pathogen, insect control, visual, and mortality elements STATE CAFO REGS Specific regulatory elements are required  Most CNMP elements required  Not feed & mortality management, etc.  Added requirements under permits

21. CAFO or AFO? 1. Dairy farm with 650 milking cows. 2.Feedlot with 900 steers 3. Feedlot with 5000 lambs

22. CAFO or AFO? 4.Swine operation with 800,000 lbs of live weight capacity 5. Bare lot next to creek with 2 horses 6. Bare lot with 561 elk

23. CAFO or AFO? 7. Three AFOs under common ownership or management –Not adjacent to each other

24. Proposed EPA Changes to CAFO From 1,000 AUs to 500 or 750 Or, revised 3-tier –0 to 300, 300 to 1000, over 1000 300 to 1,000 answer 6 risk questions –Direct contact of animals with waters of U.S? –Insufficient storage/containment? –Evidence of discharge within last 5 years?

25. Proposed EPA Changes to CAFO –Production area within 100’ of waters of U.S.? –Does not have or is not implementing a nutrient management plan per EPA specs? –> 12 tons manure sent off-site to single recipient, annually? Eliminate 25-yr, 24-hr storm event permit exclusion Duty to apply for permit Co-permitting of contractor & contractee

26. Proposed EPA Changes to CAFO Definition of CAFO includes both production area and land application area Eliminate use of Animal Unit –Go to “number of animals” in a class –For example; 1000 cattle, heifers 700 mature dairy cattle 10,000 sheep or lambs 500 horses

27. Proposed EPA Changes to CAFO Swine and poultry  no discharge Recordkeeping for off-site manure Nutrient Budgets: P-based Permitted until properly closed Include dry poultry operations Clarify ag stormwater exemption GW hydrologic connection to surface water

28. Proposed EPA Changes to CAFO Require mortality management plan Comment period ends May 14, 2001 Public meeting in Denver on March 27, 2001 –Executive Tower Hotel –1405 Curtis St.

29. RON JEPSON’S PHONE NUMBER 303 – 692 - 3520