1. Overview of the Final EPA Concentrated Animal Feeding Operations (CAFO) Regulations April 1, 2003

2. 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

3. CAFO 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

4. CAFO 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)

5. Key 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

6. Large CAFO Thresholds THRESHOLDS FOR LARGE CAFO Animal TypeLarge CAFO Dairy Cows700 Veal Calves1,000 Beef Cattle1,000 Other Cattle (e.g. Heifers)1,000 Swine2,500 (55 lbs or more) 10,000 (under 55 lbs) Horses500 Sheep or Lambs10,000 Turkeys55,000 Chickens, liquid manure30,000 Chickens, other than a liquid manure system 125,000 (not laying hens) 82,000 (laying hens) Ducks30,000 (except liquid manure system) 5,000 (liquid manure system)

7. 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

8. 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

9. 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

10. Annual 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

11. 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

12. State 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)

13.  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?

14. Implementation Schedule For CAFO Operations Duty to Apply for KPDES Permit TYPE OF OPERATIONAPPLICATION TIMES Existing CAFO permitted before 2/26/03 No change – ongoing duty to apply for a permit New CAFO built after 2/26/03180 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

15. 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)

16. For More information  CAFO regulations and outreach materials: www.epa.gov/npdes/caforule 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