STATE REGS
Lisa Ann McKinley
CSREES(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 22030
Under Contract #68-C-99-253
Work Assignment #1-03
To Receive a Copy Contact:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Wastewater Management
Water Permits Division
1200 Pennsylvania Avenue
Washington, 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 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 postharvest 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 they
discharge either
• through man-made device
• directly to stream running through
confinement area
An Animal Unit (AU) is equal to roughly
ONE 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 Regulations
Exclude 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 Act
POINT 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.
OKLAHOMA
Does 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 one
part of their CAFO program and supplement these
requirements 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
MARYLAND
Water 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)
MARYLAND
Water Quality Improvement Act (WQIA) of 1998
Facilities Subject to State Non-NPDES Regulations
include 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 Permits
In 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 PERMITS
20 states have issued a NPDES general permit for
CAFOs
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 CAFOs
AR, KY, MS, NC, OR, SC, VA and WA
INDIVIDUAL PERMITS
30 states have issued individual NPDES permits for
CAFOs
AL, FL, GA, IN, LA, MD, MN, MO, and MS
31 states have issued individual state non-NPDES
permits for CAFOs
AR, CA, GA, KY, LA, MD, MN, MO, MS, NC, OH,
OK, OR, SC, TX, VA and WA,
TENNESSEE
Tennessee 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
TENNESSEE
Tennessee Water Quality Control Act of 1977
Individual NPDES Permits, Class I CAFOs
• Greater than 30,000 birds with liquid systems
Effluent Guidelines
The 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, TN
have 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 program
http://www.griffin.peachnet.edu/ga/habersham/poultry/volcnmprep.html
DAN L. CUNNINGHAM
EXTENSION COORDINATOR - POULTRY SCIENCE
226 Poultry Science Building
University of Georgia, Athens, GA 30602
706-542-1325
dcungham@arches.uga.edu
For additional information on AFO/CAFOs contact:
THE NATIONAL AGRICULTURE
COMPLIANCE ASSISTANCE CENTER
901 North 5th Street
Kansas City, KS 66101
1 - 888 - 663 – 2155
agcenter@epa.gov
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
beatty.gregory@epa.gov
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 McKinley
Extension/EPA Liaison
EPA Region IV
Office of Water
15th Floor, 61 Forsyth St. SW,
Atlanta, GA 30303
404-562-9403
mckinley.lisa@epa.gov