Overview of US EPA & State Manure Management Regulations Robert T. Burns, PhD. PE Professor & Assistant Dean University of Tennessee

Nutrient Management Planning Regulations in the US US EPA requires that permitted US Animal Feeding Operations have Nutrient Management Plans Permit requirements vary by state

US Environmental Protection Agency (EPA) Regions

EPA Delegates Regulatory Authority Clean Water Act regulatory authority is delegated to 46 of the 50 US States Delegation usually includes permitting, inspections, monitoring and enforcement, and often includes standards setting. States Not delegated = ID, MA, NH, NM

NMP Requirements Vary by State

Nutrient Management Plans will at a minimum: Set manure application rates so that manure nutrients (N, P & K) are applied at the appropriate rate to serve as crop fertilizer

The Comprehensive Nutrient Management Plan (CNMP) Highest level of farm Nutrient Management Planning in the US Incorporates all aspects of waste and nutrient handling on animal operation Can be used in place of a US EPA required Nutrient Management Plan (NMP)

US AFO/CAFO Regulations Animal Feeding Operation (AFO) Confines animals at least 45 days over 12 months in a non-vegetated area

Concentrated Animal Feeding Operation (CAFO) Confines animals at least 45 days over 12 months in a non-vegetated area + houses over a threshold number of animals

US AFO / CAFO Regulations Large (Class I) defined by animal numbers Medium (Class II) defined by animal numbers + conditions Designated CAFOs if found to be a significant contributor of pollutants

Large CAFOs Thresholds Table 1200-4-5-.14.1 Animal Type Animal Number Dairy Cows 700 + Beef Cattle 1,000+ Swine 2,500 + ( > 25 kg or more) 10,000 + ( < 25 kg) Broilers – Dry Litter 125,000 + Horses 500 + Definition of an AFO: An operation is an AFO if it: confines animals for at least 45 days in a 12 month period, and there is no grass or other vegetation in the confinement area during the normal growing season Definition of a Large CAFO: must meet size thresholds

Medium CAFO Thresholds Table 1200-4-5-.14.1 Animal Type Animal Number Dairy Cows 200 - 699 Beef Cattle 300 - 999 Swine 750 - 2,499 ( > 25 kg) 3,000 - 9,999 ( < 25 kg) Broilers – Dry Litter 37,500 -124,999 Horses 150 - 499 For a medium AFO to be defined as a CAFO, it must meet the following criteria: Pollutants are discharged through a man-made ditch, flushing system, or other similar man-made device; or Pollutants are discharged directly into waters of the US that originate outside the facility and pass over, across, or through the facility or otherwise come into direct contact with the confined animals.

Typical Large CAFO Requirements Construction Permit Storm water Permit Individual Operating Permit Public Hearing Required CNMP or NMP Required

Typical Medium CAFO Requirements Storm water Permit Construction Permit General Operating Permit NMP required

Typical CAFO Designation AFOs can be designated as CAFOs if: Pollutants are discharged to a stream Waters of the state contact confined animals The facility is located on an impaired waterbody

Located on an “impaired waterbody” Impacted Stream Segment Stream segments that are considered impaired are identified on the current 303 (d) list Impaired Watershed Area

Typical CAFO Regulations Require that facilities must : Ensure adequate manure storage Provide proper mortality management Divert clean water Provide proper chemical disposal Adequate storage: ensure adequate storage of manure and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities Animal mortality: ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities Divert clean water: ensure that clean water is diverted, as appropriate, from the production area Prevent direct contact: prevent direct contact of confined animals with waters of the United States Proper chemical handling: ensure that chemicals and other contaminants handled on-site, are not disposed of in any liquid manure, litter, process wastewater, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants; Site-specific conservation practices: identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the United States; Manure/soil testing: identify protocols for appropriate testing of manure, litter, process wastewater, and soil; Land application: establish protocols to land application of manure and, litter or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater; and , Records: identify specific records that will be maintained to document the implementation and management of the minimum elements described above.

Typical CAFO Regulations Require that facilities must : Identify site-specific conservation practices to control pollutant runoff Identify manure and soil testing protocols Establish site-specific land application protocol Maintain site-specific records Adequate storage: ensure adequate storage of manure and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities Animal mortality: ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities Divert clean water: ensure that clean water is diverted, as appropriate, from the production area Prevent direct contact: prevent direct contact of confined animals with waters of the United States Proper chemical handling: ensure that chemicals and other contaminants handled on-site, are not disposed of in any liquid manure, litter, process wastewater, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants; Site-specific conservation practices: identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the United States; Manure/soil testing: identify protocols for appropriate testing of manure, litter, process wastewater, and soil; Land application: establish protocols to land application of manure and, litter or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater; and , Records: identify specific records that will be maintained to document the implementation and management of the minimum elements described above.

Typical CAFO Non-Application Buffers Manure may be applied no closer than: 30 meters to any down-gradient surface waters without a vegetated buffer 10 meters to any down-gradient surface waters with a vegetated buffer

CAFOs are typically required to : Submit a Closure Plan with permit application Keep Records for 5 years Submit an Annual Report

Typical 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 Number and types of animals under confinement Amount of manure/wastewater generated in previous 12 months Amount of manure/wastewater transferred in previous 12 months Number of acres for land application covered by NMP Number of acres under control used for land application in previous 12 months Summary of all discharges from production area in previous 12 months Statement whether the CAFO’s NMP was developed or approved by a certified nutrient management planner

Litigation US Regulations are complex because they are continuously challenged and changed through lawsuits

Questions ? Comments and Discussion