Country World Archives 2001-2008
Proposed changes to CAFO regulations in the works
By DAVY MOSELEY | Country WorldEast Texas
April 5, 2001 -- The Environmental Protection Agency has proposed revisions of two regulations under the Clean Water Act that will change the way certain Concentrated Animal Feeding Operations (CAFOs) acquire wastewater permits, and manage manure and wastewater.
The two regulations under revision are: (1) National Pollutant Discharge Elimination System (NPDES) permit regulations, and (2) Effluent Limitations Guidelines (ELG) and standards. The NPDES provisions define which operations are CAFOs and establish permit requirements. The ELG provisions establish the technology-based effluent discharge standards for CAFOs.
Representatives from the EPA Office of Water Management (OWM) were on hand at a March 20 EPA public meeting in Dallas to answer questions about the proposed CAFO regulations.
EPA plans to take final action on the proposed regulations by Dec. 15, 2002, with the final ruling to be published approximately Jan. 2003. For newly-defined CAFOs, permits will not be required for 3 years after final regulations are published -- approximately 2006. Once the proposed regulations are final, the new requirements are immediately in effect for new or reissued permits.
"The final ruling will not be issued until December 2002. We are only in the proposal stage. Nothing is final. Those concerned have until May 14 to submit public comment that will be included in the Federal Register," assured Sheila Frace, director, engineering analysis division, office of science and technology.
"We understand this is a complicated proposal. Partly because it is coming as two separate regulations," empathized Ginny Kibler, office of wastewater management.
Kibler reiterated that one regulation, the NPDES permit regulations, involves determining what constitutes a CAFO, and therefore who can get a permit. The second has to do with quality and performance, or technology standards, more commonly referred to as effluent guidelines.
EPA is proposing several changes to the NPDES permit regulations.
Most significantly, EPA is asking for public comment on two proposed sets of definitions for CAFOs: a three-tier classification system similar to the present system, and a simplified two-tier system. (See chart.)
A three-tier structure in which an Animal Feeding Operation (AFO) is a CAFO if it has more than 1,000 animal units, or if it has 300 to 1,000 animal units and it meets certain conditions, or if the permit authority designates the facility. All facilities with 300 to 1,000 animal units must either certify that they do not meet the conditions for being defined as a CAFO or must apply for a permit.
A two-tier structure in which an AFO is a CAFO if it has 500 animal units or more. Facilities with fewer than 500 animal units may become CAFOs only if designated by the permit authority.
Other proposed changes include imposing a duty to apply for a permit on all CAFOs. The definition of a CAFO will be expanded to include both the production area and the land application area. EPA is also proposing the inclusion of new animal types in the NPDES program to include dry manure handling poultry operations and stand-alone immature swine and heifer operations.
EPA is also proposing to eliminate the 25-year, 24-hour storm permit exemption, and is eliminating the mixed animal type calculation.
Proposed permit requirements include requiring processors that exercise substantial operational control over contract growers to be co-permitted. CAFOs will be required to maintain a permit until the facility is properly closed, including proper closure of mass storage. EPA is clarifying the NPDES requirements pertaining to discharges to ground water through a direct hydrological connection to surface water. EPA also plans to expand public access to information permitted CAFOs.
In addition to NPDES permit regulations, EPA is also proposing several changes to its effluent guidelines.
According to EPA, effluent guidelines will apply to all NPDES regulation-defined CAFOs, including those with 1,000 animal units, dry manure poultry operations, mixed operations, young swine and heifer operations, as well as to a new subcategory that applies to veal operations.
EPA is proposing requiring all beef and dairy CAFOs, and new swine, poultry and veal CAFOs to perform an assessment to determine whether a hydrologic link exists from ground water beneath the feedlot and manure storage area to surface water.
Additionally, EPA wants to adopt a zero discharge requirement with no overflow allowance for swine, veal and poultry CAFOs and require the installation of liquid impoundments that are open and capture precipitation.
EPA wants to require routine inspections of the production area.
EPA will require CAFOs to handle dead animals in ways that prevent contributing pollutants to waters.
According to Frace, agriculture is just one of the many industries that EPA regulates. EPA also governs the broader range of Animal Feeding Operations, the construction and development industries, and metal working industries for water quality.
Kibler added, "No one at EPA is saying that agriculture is the only source, but they are a contributor."
Kibler closed by saying that, "EPA, in this proposal, is attempting to balance the simplicity that the industry wants, the flexibility that the state wants and the accountability that the public wants."