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STATE REGS
Lisa Ann McKinleyCSREES(Extension)/EPA Liaison
STATE COMPENDIUM
Programs and Regulatory Activities Related to Animal Feeding Operations
Prepared For:U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Wastewater Management, Water Permits Division
Prepared by:TETRA TECH, INC.
Fairfax, VA 22030Under Contract #68-C-99-253
Work Assignment #1-03
To Receive a Copy Contact:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Wastewater ManagementWater Permits Division
1200 Pennsylvania AvenueWashington, DC 20460
The Clean Water Act (1977)• Directs EPA to protect
surface waters through the point source permitting program (NPDES)
• Requires EPA to periodically reassess the Effluent Limitations Guidelines (ELG) and Standards
For more than 20 years, Clean Water Act National Pollutant Discharge Elimination System - NPDES permits and effluent guidelines for CAFOs have helped to improve the quality of our nations waters.
EPA 833-F-00-016 December 2000EPA 833-F-00-016 December 2000
Animal Feeding Operations (AFOs) are agricultural enterprises where animals are kept and raised in confined situations. AFOs congregate animals, feed,manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland.
CLEAN WATER ACT
Animal Feeding Operation (AFO)
• Lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period
• Where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot facility in the normal growing season
Definition of a Concentrated Animal Feeding Operation (CAFO)
Currently an AFO is a CAFO if• More than 1,000 animal units are confined at
the facility OR
• From 301 - 1,000 animal units are confined the facility and it also meets one of the specific criteria addressing the method of discharge
300 to 1,000 AUs are defined as CAFOs if theydischarge either
• through man-made device
• directly to stream running through confinement area
An Animal Unit (AU) is equal to roughlyONE BEEF COW
therefore 1,000 AUs is equal to 1,000 beef cows or equivalent number of other animals
~ 100,000 laying hens
Existing Federal RegulationsExclude all poultry operations using dry litter
ONLY “WET” OPERATIONS ARE PERMITED
Under the Clean Water Act, Concentrated Animal Feeding Operation
(CAFO) are defined as POINT SOURCES
of pollution.
Under the Clean Water ActPOINT SOURCES
of pollution are subject to National Pollutant Discharge
Elimination System - NPDES permit regulations.
• NPDES permits may be issued by EPA or any state authorized by EPA to implement the NPDES program.
• Currently, 44 states are authorized to administer the base NPDES program.
OKLAHOMADoes NOT has a NPDES permit specific to CAFOs
Region 6 administers the portion of Oklahoma’s NPDES program that deals with CAFOs by covering Oklahoma CAFOs under the Region 6 General NPDES Permit for CAFOs.
To become an authorized NPDES state• the requirements imposed under a State’s
NPDES program must at a minimum be as stringent as the requirements imposed under the federal NPDES program.
The states may impose requirements that are broader in scope or more stringent than the requirements imposed under the federal NPDES program.
NORTH CAROLINA
Although North Carolina is authorized to issue NPDES permits, it has opted not to issue NPDES permits to CAFOs. Rather, North Carolina has developed its own water quality permitting program.
1993
NORTH CAROLINA
The North Carolina Division of Water Quality (DWQ), which is housed within the Department of Environmental and Natural Resources (DENR), administers the permitting program and operates a mandatory training and certification program for animal waste management operators.
NORTH CAROLINA definition of a CAFO differs from the EPA definition
Facilities subject to State (Non-NPDES Regulations) permits include operations designed for
• 100 head of cattle• 75 horses• 250 swine• 1,000 sheep• 30,000 birds with a liquid waste system
Only a handful of states rely solely on their State NPDES regulations to address CAFOs.
Rather, most use their NPDES regulations as onepart of their CAFO program and supplement theserequirements with additional provisions.
MARYLAND
General NPDES Permit Program for CAFOs - MDE • Waste Storage & Handling Plan
(MDE - Maryland Department of Environment)www.mde,state.md.us/permit/wma/forms/anim_feeding/af_per.pdf
MARYLANDWater Quality Improvement Act (WQIA) of 1998
The Act mandates nutrient management plans for virtually all Maryland farms.
• Nutrient Management Plan - MDA
(Maryland Department of Agriculture - MDA)
MARYLANDWater Quality Improvement Act (WQIA) of 1998
Facilities Subject to State Non-NPDES Regulationsinclude ALL agricultural operations with incomes of a least $2,500 or 8 animal units
25 states administer a state NPDES CAFO program with some other state permit, license, or authorization program
typically, this additional state authorization is a construction or operating permit
Poultry producing states with authorized non-NPDES construction permits
AL, AR, CA, FL, IN, KY, MD, MN, MO, OH, OK, OR, SC, WI
Poultry producing states with authorized non-NPDES operating permits
AL, AR, CA, DE, FL, GA, IN, KY, LA, MN, MO, MS, NC, OH, OK, OR, PA, SC, TX, VA, WA, WI and WV
8 states regulate CAFOs exclusively under their state NPDES authority TN and WV
5 states have chosen to solely regulate CAFOs under State non-NPDES programs NC, SC and MI
General PermitsIn 1995, it was estimated that 450,000 operations nationwide confined or
concentrated animals, of which a very conservative estimate indicated that at least 6,600 had more than 1,000 animal units and may have been considered CAFOs
under the federal definition
6,600 CAFOs
One way of reducing the administrative burden associated with permitting such large numbers of
facilities is through general permits.
Existing regulations provide that general permits may be issued to cover a category of discharges within a geographic region.
General permits may regulate either storm water point sources or a category of point sources that involves similar operations with similar wastes.
examples: all CAFOs or more specific swine
GENERAL PERMITS20 states have issued a NPDES general permit forCAFOs AL, AR, CA, GA, MD, MO, MS, OH, OK, PA, TN,TX, WA, WI and WV
11 states have issued a state non-NPDES general permit for CAFOsAR, KY, MS, NC, OR, SC, VA and WA
INDIVIDUAL PERMITS30 states have issued individual NPDES permits forCAFOsAL, FL, GA, IN, LA, MD, MN, MO, and MS
31 states have issued individual state non-NPDES permits for CAFOsAR, CA, GA, KY, LA, MD, MN, MO, MS, NC, OH, OK, OR, SC, TX, VA and WA,
TENNESSEETennessee Water Quality Control Act of 1977
1999 - General NPDES Permit, Class II CAFOs• 9,000 – 30,000 birds with liquid systems• Existing operations with 50,000 birds or more with
dry litter • New operations with 20,000 birds or more with
dry litter
TENNESSEETennessee Water Quality Control Act of 1977
Individual NPDES Permits, Class I CAFOs • Greater than 30,000 birds with liquid systems
Effluent GuidelinesThe federal technology-based effluent limit for CAFOs is no
discharge, except in the event of a catastrophic rain for facilities designed, constructed, and operated to contain all
waster water and runoff from a 25 year 24 hour storm.
AL, AR, CA, FL, KY, LA, MD, MN, MO, MS, NC, OH, OK, PA, SC, TN, TX, VA, WA, WI and WV
DRY LITTER POULTRY
Land Application
A key concern regarding the management of CAFO waste is ensuring appropriate
land application.
Land application is the primary management practice used by CAFOs to dispose of
animal waste.
Estimates indicate that 90 percent of CAFOs generated waste is land applied.
34 states impose requirements addressing land application either through
NPDES or non-NPDES programs.
ALL POULTRY PRODUCING STATES ADDRESS LAND APPLICATION
ALL 34 states address Agronomic Rates
• Agronomic rates are typically based on the nitrogen needs of crops, although some states specify that waste be applied at agronomic rates for nitrogen and phosphorous.
• The determination of agronomic rates varies from state to state.
ALL 34 states require the development and use of Waste Management Plans
• The complexity and details required in a Waste Management Plan also vary among states.
• Some states do not explicitly identify what items must be addressed in a Waste Management Plan, whereas others have detailed requirements.
Waste Management Plans typically include:
• Estimates of the annual volume of waste• Schedules for emptying and applying wastes• Rates and locations for applying wastes• Provisions for determining agronomic rates
(i.e., soil testing)• Provisions for conducting required monitoring
and reporting• Written agreements with landowners to accept
liquid waste
At least 28 states have developed
new laws or regulations
related to AFOs since 1996
AND
VOLUNTARY PROGRAMS
ALL of the States in EPA Region IV
AL, FL, GA, KY, MS, SC, NC, TNhave programs to address nutrient management
issues for poultry
GEORGIA
Certified Operators
GEORGIA CONDUCTED
5 trainings and certified about 220 operators
two day training with test; approximate pass rate of 95% of this,
~ 20 operators were layer operations with liquid manure management systems
~ 75 were swine, and ~ 125 dairy
Nutrient Management Planners
GEORGIA CONDUCTED
• 5 trainings and certified about 180 nutrient management planners
• two day training with test; approximate pass rate of 85%
• GDA website has list of certified planners
In a resolution passed by the
Georgia Poultry Federation in 1999,
Georgia poultry producers set a goal to have every poultry farmer in the state trained in these voluntary nutrient management plans by
January 2001 with implementation of the CNMPs by January 2002.
To accomplish this goal,
• The University of Georgia Extension Service and the Georgia Poultry Federation scheduled training sessions across the state.
• Georgia’s poultry companies sponsored the training sessions on a complex-by-complex basis providing meeting facilities and training notebooks for the participants.
• The University of Georgia conducted the training sessions utilizing a team of educators comprised of extension faculty and county agents.
• The training programs were conducted primarily in evening sessions with each training lasting from two and a half to three hours.
• All participants were provided a certificate of training upon completion of the program and were encouraged to work with their county agent to implement the CNMPs.
In recognition of the importance of this program and the proactive approach taken by Georgia’s poultry industry,
The Governor and the General Assembly of the State of Georgia approved funds for the free testing of poultry litter/manure for farms participating in the voluntary nutrient management planning program.
In addition,
The Georgia Poultry Federation in January 2000 initiated a litter-manure matching service to assist growers with extra litter in finding other farmers or manure haulers that could utilize the material. To date, everyone with extra litter has found a use through this matching service or through their contracting company.
THE PROGRAM HELD
• 55 training sessions involving more than 3,700 individuals have been conducted.
• This represents nearly 99% of the poultry producers in the state of Georgia.
For the remaining 1%
• County agents are providing individual sessions upon request to assure that every grower has the opportunity to receive this information.
In addition, county agents are providing key support for poultry growers by assisting them with the development of their CNMPs and by providing county-based, follow-up programs and individual consultations.
This VOLUNTARY program was awarded,
• The program received one of 13 statewide awards in the Governor’s 2000 Pollution Prevention Awards Program, sponsored in cooperation with the Georgia Department of Natural Resources.
• In addition, the Georgia Poultry Federation received the American Society of Association Executive’s Advance America Award for sponsorship of this program.
“The true success of the program, however, will be realized when every poultry grower in Georgia has completed a CNMP and has implemented all best management practices possible for the protection
of their farms and Georgia’s water systems.”
- Georgia Poultry Federation
For additional information on the Georgia programhttp://www.griffin.peachnet.edu/ga/habersham/poultry/volcnmprep.html
DAN L. CUNNINGHAM
EXTENSION COORDINATOR - POULTRY SCIENCE
226 Poultry Science BuildingUniversity of Georgia, Athens, GA 30602
706-542-1325 [email protected]
For additional information on AFO/CAFOs contact:
THE NATIONAL AGRICULTURE
COMPLIANCE ASSISTANCE CENTER
901 North 5th StreetKansas City, KS 66101
1 - 888 - 663 – [email protected]
For additional information contact:
GREGORY BEATTY, AFO TEAM
US EPA Headquarters / Office of Water / Office of Wastewater Management /Water Permits Division
1200 Pennsylvania Ave NW (4203M)Washington, DC 20460
(202) 564-0724 [email protected]
http://es.epa.gov/oeca/ag/cani.html
for a complete list of all EPA regional and State contacts for the NPDES and state AFO/CAFO
programs
Lisa Ann McKinleyExtension/EPA Liaison
EPA Region IVOffice of Water
15th Floor, 61 Forsyth St. SW, Atlanta, GA 30303
