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

2. 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

3. US Environmental Protection Agency (EPA) Regions

4. 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

5. NMP Requirements Vary by State

6. 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

7. 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)

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

9. 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

10. 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

11. Large CAFOs Thresholds
Table
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

12. Medium CAFO Thresholds
Table
Animal Type
Animal Number
Dairy Cows
Beef Cattle
Swine
,499 ( > 25 kg)
3, ,999 ( < 25 kg)
Broilers – Dry Litter
37, ,999
Horses
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.

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

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

15. 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

16. 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

17. 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.

18. 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.

19. 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

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

21. 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

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

23. Questions ?
Comments and Discussion