1. Overview of the Revised CAFO Regulations Ralph Summers EPA Region 7

2. CAFOs? Concentrated Animal Feeding Operations Clean Water Act of 1972 directed EPA to regulate CAFOs Regulations governing CAFOs came out in 1974 and 1976

3. Why did EPA revise the CAFO regulations? Address water quality problems Update the 25-year old regulations Improve CAFO Program Implementation Address a court order

4. Guiding Principles Emphasis on large Complement State/USDA efforts Promote manure management practices

5. Major Rule Elements All Large Operations Must Apply Dry Poultry Included Permit “no discharge” Exemption Eliminated Required: Nutrient Management Plan (by Dec. 2006) Discharge Limitations No Discharge Land Application Requirements (N and P)

6. Am I a CAFO? Animal Feeding Operation Concentrated Animal Feeding Operation Large CAFO Threshold Medium CAFO Threshold Designated New thresholds for immature swine, heifers, and poultry operations

7. Production Area No Discharge Requirements Existing Large CAFOs and New Beef and Dairy CAFOs keep the current design standards  No discharge from the production area except from facilities designed and operated to contain all process waste and run-off from a 25yr-24hr storm New Large Swine, Veal Calf, and Poultry CAFOs  Additional production area design requirement (100yr-24hr)

8. ELG Land Application Requirements Set-backs from Streams 100 foot 35 foot with vegetative buffer alternative set-backs possible Field specific assessment for N and P transport Manure and soil sampling Record keeping Rates, areas, and times of land application Weather conditions around application Manure transfer record keeping

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. Nutrient Management Technical Standard Required by ELG Established by Permit Authority Addresses Field-specific assessment of N and P transport from field to WOUS Address form, source, amount, timing and method of application of nutrients Balance nutrient needs of crops and potential adverse water quality impacts in setting methods and criteria to determine application rates.

11. State Flexibility Permitting Approach Individual, General Technical Standards for Nutrient Management No potential to discharge determinations Flexibility to address medium and small operations Alternative Performance Standards

12. State NPDES program revised – 1 year (2 years if legal authority change required) Current regulations still apply, CAFOs under the old regulations should apply immediately Newly defined CAFOs will be regulated no later than April 14, 2006 Timeframes for implementation

13. Timeframes for implementation (continued) Permit will determine when requirements need to be met Nutrient Management Plans need to be ready to be implemented by Dec. 31 2006

14. Recap: Important Points All CAFOs have a duty to apply for a NPDES permit New land-application and production area requirements All CAFOs will need to develop and implement Nutrient Management Plans

15. Recap: Important Points (continued) State is permitting authority (already implementing some aspects of revised CAFO Rules) Continue to enforce existing regulations

16. ELG Land Application Practices NPDES Permit Minimum Practices for NMPs Nutrient Management Technical Standard NPDES Permit NMP

17. Court Decision - Issues Upheld 1. Land application regulatory scheme and interpretation of agricultural storm water 2. Effluent guidelines

18. Court Decision – Issues Vacated by the Court Nutrient Management Plans Effluent Limit Review by Permitting Authority Public availability Duty to Apply NPDES Permit to Discharge

19. Court Decision – Issues Remanded by the Court BCT effluent guidelines for pathogens NSPS 100-year storm standard Water quality-based effluent limits.

20. More information: CAFO regulations and outreach materials: www.epa.gov/npdes/caforule Compliance assistance: www.epa.gov/agriculture Region 7 Website: www.epa.gov/region07/ EPA Region 7: (800) 223-0425