[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Notices]
[Pages 44489-44498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21173]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5285-4]
Proposed General NPDES Permit for Concentrated Animal Feeding
Operations (CAFO) in Idaho
AGENCY: Environmental Protection Agency, Region 10.
ACTION: Notice of a proposed general permit.
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SUMMARY: This proposed reissuance of the CAFO general permit is
intended to regulate CAFO activities in the state of Idaho. When
issued, the proposed permit will establish limitations, standards,
prohibitions and other conditions for covered facilities. These
conditions are based on existing national effluent guidelines and
material contained in the administrative record. A description of the
basis for the conditions and requirements of the proposed general
permit is given in the fact sheet published below.
Part I.C. of the proposed permit identifies the facilities which
can qualify for coverage under this permit. Parts I.C.7. and 8. specify
that facilities that discharge directly or through a man-made device
into waters of the United States qualify for coverage under this
permit. The Region 10 office of EPA requests comment on whether the
universe of facilities to be covered should be expanded to include
those facilities which have the potential to discharge.
EXECUTIVE ORDER 12291: The Office of Management and Budget has exempted
this action from the review requirements of Executive Order 12291
pursuant to Section 8[b] of that order.
PUBLIC COMMENT PERIOD: Interested persons may submit comments on the
draft general permit to EPA, Region 10 at the address below. Comments
must be received in the regional office on or before October 27, 1995.
PUBLIC HEARINGS: Public hearings on the permit conditions are scheduled
in Boise and Twin Falls, Idaho. The Boise hearing will be held on
Wednesday, September 27, 1995, in the 1st Floor Conference Center at
the Division of Environmental Quality, Earl Chandler Building, 1410 N
Hilton, Boise, Idaho, from 6:30 pm until all persons have been heard.
The Twin Falls hearing will be held on September 28, 1995 in Room 117
of the Sheilds Building at the College of Southern Idaho, 315 Falls
Avenue, Twin Falls, Idaho, also from 6:30 pm until all persons have
been heard. Persons interested in obtaining information on the hearings
should contact Joe Roberto at the address below.
REQUEST FOR COVERAGE: Written request for coverage and authorization to
discharge under the general permit shall be provided to EPA, Region 10,
as described in Part I.D. of the draft permit. Authorization to
discharge requires written notification from EPA that coverage has been
granted and that a specific permit number has been assigned to the
operation.
ADDRESSES: Comments on the proposed general permit should be sent to
Joe Roberto; U.S. EPA, Region 10; 1200 Sixth Avenue WD-135; Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT: Joe Roberto at the Seattle address
above or by telephone at (206) 553-1669.
REGULATORY FLEXIBILITY ACT: After review of the facts presented in the
notice printed above, I hereby certify pursuant to the provision of 5
U.S.C. 605(b) that this general NPDES permit will not have a
significant impact on a substantial number of small entities. Moreover,
the permit reduces a significant administrative burden on regulated
sources.
Dated: August 17, 1995.
Gregory L. Kellogg,
Acting Director, Water Division.
Fact Sheet
United States Environmental Protection Agency (EPA), Region 10,
1200 Sixth Avenue, WD-134, Seattle, Washington 98101, (206) 553-1214.
General Permit No.: ID-G-01-0000.
Proposed Reissuance of a General National Pollutant Discharge
Elimination System (NPDES) Permit To Discharge Pollutants Pursuant to
the Provisions of the Clean Water Act (CWA)
Idaho Concentrated Animal Feeding Operations (CAFO)
This Fact Sheet includes (a) the tentative determination of the EPA
to reissue the general permit, (b) information on public comment,
public hearing and appeal procedures, (c) the description of the
industry and proposed discharges, and (d) other conditions and
requirements.
Persons wishing to comment on the tentative determinations
contained in the proposed general permit reissuance may do so by the
expiration date of the Public Notice. All written comments should be
submitted to EPA as described in the Public Comments Section of the
attached Public Notice.
After the expiration date of the Public Notice, the Director, Water
Division, will make final determinations with respect to the permit
reissuance. The tentative determinations contained in the draft general
permit will become final conditions if no substantive comments are
received during the public notice period.
The permit will become effective 30 days after the final
determinations are made, unless a request for an evidentiary hearing is
submitted within 30 days after receipt of the final determinations.
The proposed NPDES general permit and other related documents are
on file and may be inspected at the above address any time between 8:30
a.m. and 4 p.m., Monday through Friday. Copies and other information
may be requested by writing to EPA at the above address to the
attention of the Water Permits Section, or by calling (206) 553-1214.
This material is also available from the EPA Idaho Operations Office,
1435 North Orchard Street, Boise, Idaho 83706.
Table of Contents
I. Applicants
II. Receiving Water
III. Background Information
A. Description of the Industry
B. What Pollutants are Being Discharged?
C. Why is a General Permit Being issued?
IV. Permit Coverage
A. Who needs to be covered by this permit?
B. What constitutes a discharge?
C. How to determine if an animal feeding operation is a CAFO?
1. Animal Feeding Operation
2. CAFO Criteria
3. Animal Units
D. Permit Coverage
E. Permit Expiration
V. Permit Requirements
A. Basis of Discharge Limitations
1. Statutory Requirements
2. Technology-Based Limitations
3. Water Quality Based Limitations
B. Best Management Practices (BMP)
1. Design of Control Facilities
2. Facility Expansion
3. Chemical Handling
4. Access Restriction
5. Land Application
C. Prohibitions
VI. Basis for Monitoring and Reporting Requirements
A. Notice of Intent
B. Discharge Notification
VII. Limitations of the General Permit
A. Limitations on Coverage
B. Individual Permits
VIII. Other Requirements
A. Endangered Species Act
B. State Certification
[[Page 44490]]
Technical Information
I. Applicants
This permit is applicable for facilities classified as Concentrated
Animal Feeding Operations (CAFOs) in the state of Idaho.
II. Receiving Water
Receiving waters are the surface waters or waters of the United
States as defined in 40 CFR 122.2 in which wastewater from CAFOs are
discharged. This includes rivers, streams, creeks, and their
tributaries. EPA interprets this definition to include irrigation
ditches, laterals, and canals which flow into waters of the United
States.
III. Background Information
A. Description of the Industry
The activity associated with CAFOs is the confinement of animals,
including poultry but excluding ducks, for meat, milk, or egg
production, or stabling, in pens or houses, where the animals are fed
or maintained at the place of confinement [40 CFR 412.11(b)].
B. What Pollutants Are Being Discharged?
The most commonly recognized contaminants from CAFOs include
biochemical oxygen demand (BOD), total suspended solids (TSS),
organics, bacteria, and nutrients (nitrogen and phosphorous compounds).
C. Why is a General Permit Being Issued?
1. Section 301(a) of the Clean Water Act (Act) provides that the
discharge of pollutants is unlawful except in accordance with a
National Pollutant Discharge Elimination System (NPDES) permit.
Although such permits have been issued to individual dischargers, EPA's
regulations do authorize the issuance of ``general permits'' to
categories of discharges [40 CFR 122.28] when a number of point sources
are:
a. Located within the same geographic area and warrant similar
pollution control measures;
b. Involve the same or substantially similar types of operations;
c. Discharge the same types of waste;
d. Require the same effluent limitations or operating conditions;
e. Require the same or similar monitoring requirements; and
f. In the opinion of the Director, are more appropriately
controlled under a general permit than under individual permits.
2. The use of a General Permit to regulate CAFOs is appropriate
because of the following:
a. Waste characteristics from different CAFOs are substantially
similar [Development Document for Effluent Limitations Guidelines and
New Source Performance Standards for the Feedlots Point Source Category
(Development Document), January 1974; and the Environmental Assessment
of Regulatory Strategies for Confined Animal Feeding Operations in
Idaho (EA), by Jones and Stokes Associates, Inc. 1985].
b. The effluent limitations and requirements for all CAFOs covered
by this general permit are identical. They are supported by the
promulgated effluent guidelines (40 CFR 412.13), best management
practices (BMPs), and other requirements [40 CFR 122.44(k)].
3. Like individual permits, a violation of a condition contained in
a general permit constitutes a violation of the Act and subjects the
owner or operator of the permitted facility to the penalties specified
in Section 309 of the Act.
IV. Permit Coverage
A. Who Needs To Be Covered by This Permit?
Part I.A. of the permit states that ``A permit is required for
discharges from operations classified as a CAFO.'' This is required
pursuant to 40 CFR 122.2 which defines a CAFO as a point source and
Section 402 of the Clean Water Act and 40 CFR 122.1(b) which requires
that all discharges from any point source must be regulated by a
National Pollutant Discharge Elimination System (NPDES) permit.
B. What Constitutes a Discharge?
In accordance with 40 CFR 122.2, a discharge is any addition of any
pollutant or combination of pollutants to waters of the United States.
This includes runoff from corrals, stock piled manure, or silage piles,
overflow from storage ponds, overflow from animal watering systems
which are contaminated by manure, and overflow from irrigated fields in
which wastewater is applied at greater than the agronomic rate. As
stated above, waters of the United States includes not only rivers,
streams, intermittent streams and lakes, but also irrigation ditches,
laterals, canals, etc. which eventually flow into rivers, streams, and
lakes. [In Re Bettencourt, Docket # 1093-04-17-309(g), March 30, 1994,
Order of Summary Determination, at 13-19.]
This permit only allows a discharge during certain storm events as
established in part II.A. of the permit and only discharges resulting
from the overflow from a control facility that is properly designed and
operated. All other discharges are not allowed under this permit.
C. How to Determine if an Animal Feeding Operation is a CAFO?
EPA's interpretation of the regulations pertaining to feeding
operations divides the industry into two groups; CAFOs and non-CAFOs.
As stated above, CAFOs are defined as point sources and are therefore,
required to obtain an NPDES permit for any discharges. However, non-
CAFOs are considered nonpoint sources and are not subject to the NPDES
program.
Part I.C., VII, Appendix A, and Appendix B of the permit establish
the definition of a CAFO. This definition is required pursuant to 40
CFR 122.23 and 40 CFR 122 Appendix B.
1. Animal Feeding Operation
For an operation to be a CAFO, the facility must first qualify as
an animal feeding operation. An animal feeding operation is a facility
where:
--Animals are kept a total of 45 days or more during any 12 month
period, and
--Crops, vegetation forage growth, or post-harvest residues are not
sustained during the normal growing season on the facility [40 CFR
122.23(b)(1)].
The first part of this definition means that animals must be fed or
maintained on the lot or facility for a minimum of 45 days. However, it
does not mean that the same animals must remain on the lot for 45 days
or more; only that some animals are fed or maintained on the lot 45
days out of any 12 month period. The 45 days do not have to be
consecutive, nor does the 12 month period have to correspond to the
calendar year. For example, the 12 month period may be counted from
June 1 to the following May 31. This can include areas such as corrals,
pens, auction yards, etc.
The second part of this definition distinguishes feedlots from
pasture land, which were not intended to be covered as a CAFO by the
regulations. This part of the definition narrows the geographic scope
of the regulations to the portion of the feedlot where animals are
confined and where natural forage or planted vegetation does not occur
during the normal growing season (for that geographic area). Feedlots
with constructed floors, such as solid concrete or metal slats, clearly
satisfy this part of the definition. Other feedlots may have open dirt
areas. These ``open dirt'' feedlots may have some vegetation growth
along the edges while animals are present or during months when animals
are kept elsewhere. EPA
[[Page 44491]]
interprets the regulations to mean that if a facility maintains animals
in an area without vegetation, including dirt-floored lots, the
facility meets the second part of the definition.
Note: That although pasture land itself can not be classified as
a CAFO, if these pastures are used as land application sites for
CAFO waste, any waste water overflows from these pastures into
receiving waters is considered a discharge.
2. CAFO Criteria
If a facility is an animal feeding operation as defined above, the
next step is to determine if the operation is a CAFO. In general, there
are three situations in which an animal feeding operation can be a
CAFO.
The first is for large facilities. Any operation that confines more
than the number of animals listed in 40 CFR 122 Appendix B(a) and Part
VII.F.1. of the permit are CAFOs. For example, dairies with more than
700 mature dairy cows or feedlots with more than 1000 feeders are
considered to be CAFOs.
The second category is for medium sized animal feeding operations
which contain the number of animals listed in 40 CFR 122 Appendix B(b)
and Part VII.F.2. of the permit. In addition to the size of the
operation, the method of discharge is also considered. For medium sized
animal feeding operations, the discharge must be through a man-made
conveyance or discharged directly into waters of the United States [40
CFR 122 Appendix B(b)]. Man-made conveyance is the transport of
wastewater off the property into waters of the United States through a
pipe, ditch, lateral, channel gully, etc. Direct discharge occurs when
a stream, creek, or other water body runs through the facility. Direct
discharge is assumed if confined animals have direct access to these
water bodies.
When trying to determine if your operation is a CAFO under this
second category, keep in mind that a discharge through the means
described does not have to be occurring at all times. If you think your
animal feeding operation may have a discharge some time in the future,
or if you had one in the past, through the means described above, then
your operation is a CAFO.
The third scenario in which an animal feeding operation can become
a CAFO is if the EPA Regional Administrator of Region 10 designates a
facility as a significant contributor of pollutants (SCP) [40 CFR
122.23(c)]. This third scenario applies to facilities that are not
covered by the first two scenarios and is an attempt to regulate
smaller, problem facilities. This designation is done on a case-by-case
basis after an inspection of the facility has been conducted. The
facility must then be notified of this designation by the Director.
3. Animal Units
The number of animal units confined is another factor considered
in determining whether a facility is a CAFO. ``Animal unit'' is a term
defined by the regulations (40 CFR 122 Appendix B) and varies according
to animal type; one animal is not always equal to one animal unit.
Conversion to animal units is a procedure used to determine pollution
equivalents among the different animal types; one dairy cow produces
more waste than one sheep. This calculation is also used on facilities
with more than one animal type onsite.
Animal Units are incorporated into the above definitions of a CAFO.
Facilities with greater than 1000 animal units (large facilities) are
CAFOs. Facilities with between 300 and 1000 animal units (medium sized
facilities) and discharge through a man-made conveyance or discharge
directly into waters of the United States are also CAFOs. Examples of
animal unit calculations are included in Appendix A of the permit.
D. Permit Coverage
A Notice of Intent (NOI) to be covered under this General Permit is
required for permit coverage [40 CFR 122.28(b)(i)]. The requirements
are outlined in Part I.D. and Appendix C of the permit.
The regulations provide an exception to those feeding operations
which intend to discharge only in the event of a 25-year, 24-hour storm
event. The regulations state that these facilities are not CAFOs (40
CFR 122 Appendix B) and, as a result are not subject to regulation
under this permit. However, EPA recommends, as a precaution, that all
facilities that are classified as CAFOs by meeting the specifications
described above in paragraphs IV.C.1, 2, or 3, obtain permit coverage
even though they fully expect not to ever have a discharge. An example
given in the Guidance Manual on NPDES Regulations for Concentrated
Animal Feeding Operations is as follows:
An unpermitted facility that could be classified as a CAFO has
waste handling facilities to contain the process generated
wastewater plus the runoff from a 25-year, 24-hour rain fall event
plus three inches of runoff from accumulation of winter
precipitation. It rains heavily for three weeks, but the rainfall in
any 24-hour period never exceeds the 25-year, 24-hour storm event.
The facility's waste handling facilities reaches capacity and
overflows, discharging to waters of the United States. The facility
has violated the CWA. If the facility had had a permit, it would not
have been in violation of the CWA.
E. Permit Expiration
Part I.E. of the permit specifies that the permit is effective for
five years. This is required in accordance with 40 CFR 122.46(a).
V. Permit Requirements
A. Basis of Discharge Limitations
1. Statutory Requirements
Section 301(a) of the Act prohibits the discharge of any pollutant
to waters of the United States without a National Pollutant Discharge
Elimination System (NPDES) permit unless such a discharge is otherwise
authorized by the Act.
It is specified in the Act that issued NPDES permits must contain
effluent limitations reflecting the most stringent of (1) receiving
water quality standards established pursuant to state law or
regulations and (2) technology-based effluent guidelines established by
EPA to achieve certain levels of wastewater treatment technology. In
accordance with Section 301 of the Act, the technology levels
applicable to CAFOs are Best Practicable Control Technology Currently
Available (BPT) and Best Available Technology Economically Achievable
(BAT). In addition, Section 306 of the Act requires the achievement by
new source dischargers of the best available demonstrated control
technology or New Source Performance Standards (NSPS).
Technology-based requirements may be established through one of two
methods: (1) Application of national effluent limitations guidelines
promulgated by EPA under Section 304 of the Act and NSPS promulgated
under Section 306 of the Act; and (2) on a case-by-case basis under
Section 402(a)(1) of the Act and 40 CFR 125.3, using Best Professional
Judgement (BPJ), for pollutants or classes of discharges for which EPA
has not promulgated national effluent limitations guidelines.
Based on national effluent limitations guidelines and 40 CFR 125.3,
this permit establishes a ``no discharge'' effluent limitation for
CAFOs. Discharges are allowed, however, only during chronic or
catastrophic rainfall events from a facility that is designed to store
all generated process wastewater; plus, all contaminated runoff from a
25-year, 24-hour rainfall event; plus, three inches of runoff from the
accumulation of winter precipitation; or the amount of runoff from the
accumulation of precipitation from a one in five year winter.
[[Page 44492]]
In many cases, the technology utilized to achieve no discharge is
containment of all contaminated liquid runoff resulting from rainfall,
snowmelt, or related cause, and application of these liquids, along
with the generated solid wastes to productive cropland at a rate which
will provide moisture and nutrients that can be utilized by the crops.
To implement this technology requires provisions for containment such
as a lagoon. Provisions must also be made for land application of the
wastes onto the crop land such as by sprinklers.
2. Technology-Based Limitations
In March 1976, EPA published national effluent guidelines for CAFO
operations greater than 1000 animal units. The national effluent
guidelines established BPT, BAT, and NSPS. The technology-based
effluent limitation established by the national effluent guidelines
specifies that ``there shall be no discharge of process waste water
pollutants to navigable waters'' (40 CFR 412). However, the guidelines
do allow a discharge whenever rainfall events, either chronic or
catastrophic, cause an overflow of process waste water from a facility
designed, constructed and operated to contain all process generated
waste waters plus the runoff from a 25 year, 24 hour, storm.
According to the Development Document, the use of wastewater
containment plus the application of waste to productive cropland can
achieve the stated goal of ``no discharge'' of pollutants to waters of
the United States.
Effluent limitation guidelines have not yet been established for
CAFO operations consisting of less than 1000 animal units. However, the
EPA has determined to regulate these smaller CAFO operations due to the
potential water quality impacts which can be caused by these
facilities. According to the EA, animal waste contains a number of
pollutants which can impact water quality. The most commonly recognized
contaminants are suspended solids and organics, bacteria, and
nutrients. These pollutants have been observed to cause a number of
water quality problems.
As a result, the EPA has established technology based effluent
limitations for these smaller facilities based on BPJ. The effluent
limitation established based on BPJ for CAFOs with less than 1000
animal units shall be identical to that established in the national
effluent guidelines required for the larger facilities.
An economic analysis was done when the technology-based
requirements for the national effluent guidelines (40 CFR 412) were
published. Region 10 believes that the same economic and technology
rationale would apply to the smaller facilities covered by this permit.
Also, Region 10 believes that the requirement of ``no discharge'',
achieved through the utilization of waste containment plus land
application is the most economical option available to the smaller
facilities which will prevent water quality problems.
If, however, any facilities with less than 1000 animal units
believe that the economic analysis for the national effluent guidelines
would not apply to their facility and that they would be able to
achieve necessary water quality requirements of the receiving stream,
through the use of biological or equivalent treatment systems, those
facilities may apply for individual permit coverage.
3. Water Quality Based Limitations
In addition to technology-based controls, Section 301(b) of the CWA
also requires that NPDES permits must include any conditions more
stringent than technology-based controls necessary to meet State water
quality standards. Water quality-based requirements are established
under this provision on a case-by-case basis.
Receiving waters within the scope of this permit are classified by
the Idaho State Water Quality Standards for use in agricultural water
supply, domestic water supply, protection and maintenance of cold and
warm water biota, salmonid spawning, and primary and secondary contact
recreation (Idaho Department of Health and Welfare Rules, IDAPA
16.01.02.100.101-.160).
The State water quality parameters which could be affected by these
discharges are floating, suspended, or submerged matter, excess
nutrients, oxygen-demanding materials, sediment, and fecal coliforms
(Idaho Department of Health and Welfare Rules, IDAPA 16.01.02.200.05-
.08).
Water quality-based requirements have been established in the
permit. In addition to containing all process generated wastewater and
the runoff from a 25-year, 24-hour rainfall event (technology-based
requirement), the permit also requires the additional containment of
three inches of winter precipitation or the amount of runoff from the
accumulation of precipitation from the one in five year winter. This
additional containment is required based on information presented in
the EA.
The rationale presented in the EA for the additional volume is that
the technology-based requirements have been found insufficient in many
colder states because they did not take into account the effects of
frozen ground. The water quality degradation from animal confinement
areas occurs to the greatest extent primarily in winter and spring.
During these periods, there is increased precipitation while soils are
either likely to be frozen or saturated. Both conditions decrease soil
infiltration capacity. Greater runoff quantities are likely to be
generated, but less than normal amounts of water can be retained on-
site. In Idaho, climatic conditions indicate at least a 4-month holding
period is necessary.
The proposed permit requires facilities to accommodate process
waste, runoff from a 25-year, 24-hour storm event, and 3 inches of
runoff which is approximately equal to runoff expected from 4 months of
winter runoff as expected from a 1- in 5-year winter. This provision
was deemed appropriate as a result of data and analyses presented in
the EA. According to this EA:
--The retention of runoff from winter precipitation will significantly
benefit water quality. Snowmelt, especially when combined with a
rainfall event, could wash manure-laden water directly into the streams
without this allowance.
--Soil remains frozen for four months in many areas of Idaho. During
this time, control facilities cannot be pumped out onto fields for land
application. Retention of winter precipitation would accommodate this
constraint.
--The results of an analysis performed for the EA indicate that the
retention of three inches of net spring runoff is adequate to protect
water quality.
B. Best Management Practices (BMP)
BMP conditions in Part II.B. of the proposed permit were developed
pursuant to Section 304(e) of the Act and 40 CFR 122.44(k)(3). BMPs are
used in conjunction with technology-based and water-quality based
effluent limitations. BMPs are appropriate when numeric effluent
limitations are infeasible or the practices are reasonably necessary to
achieve effluent limitations and standards or to carry out the purposes
and intent of the Act.
BMPs can describe a wide range of management procedures, schedules
of activities, prohibitions on practices, and other management
practices to prevent or reduce the pollution of waters of the United
States. BMPs also include operating procedures, treatment requirements
and practices to control feedlot runoff, drainage from raw materials,
spills or leaks.
Part II.B. of the permit requires the implementation of management
[[Page 44493]]
practices referenced in the ``Idaho Waste Management Guidelines for
Confined Feeding Operations''. These management practices include, but
are not limited to, the following:
--Minimizing wastewater volumes by diverting uncontaminated surface
runoff from entering the CAFO; by water conservation whenever possible;
and by roof construction to exclude precipitation whenever possible.
--Management of precipitation runoff by site selection for corrals so
that runoff can be easily collected; by providing buffer zones around
land application sites, etc.
--Assure adequate waste system design and operation by assuring that
the waste storage ponds are adequately sized to contain the waste
produced; by assuring that adequate land is available to land apply the
waste materials; etc.
Part II.B. of the permit also specifies additional management
practices. The purpose of these management practices are explained
below.
1. Design of Control Facilities
This management practice requires that any waste storage ponds
built after the issuance of this permit or any existing waste storage
pond which is modified in any way (enlarged, or in any way redesigned)
shall be built following the ``Idaho Waste Management Guidelines for
Confined Feeding Operations'' and the most recent edition of the
Natural Resource Conservation Service (NRCS) National Handbook of
Conservation Practices and associated State Addenda, SCS Technical Note
#716. This may require the incorporation of a liner. The purpose of
this management practice is to reduce the amount of pollutants seeping
from the lagoon and eventually reaching waters of the United States.
Note That plans and specifications for these new or redesigned
facilities must be submitted to the Idaho Department of Health and
Welfare, Division of Environmental Quality for review and approval
prior to construction.
2. Facility Expansion
This management practice requires that before a CAFO is expanded to
include more animals or covers more area, the waste handling system
must first be upgraded to handle the additional waste generated.
3. Chemical Handling
The purpose of this practice is to assure that any toxic chemicals
such as pesticides are handled and disposed of properly such that
discharges to waters of the United States are prevented.
4. Access Restriction
This practice prevents direct contact of confined animals to waters
of the United States. This requires that confined animals be separated
from any surface waters (including irrigation ditches). The provisions
of the permit cannot be met without this restriction because discharges
would enter navigable waters directly from the animals during
subchronic and subcatastrophic rainfall events. In addition, such
discharges would be in direct violation of Section 301(a) of the Act.
This provision does not apply to cattle that are outside the CAFO
boundary. For example, cattle that are out on pasture that is outside
the boundary of the CAFO are not required to be restricted from waters
of the United States by this permit.
5. Land Application
Part II.B.5. of the proposed permit requires that any solid or
liquid wastes from a CAFO which is land applied must be applied at
agronomic rates. This means that the application rate must not exceed
that rate which will provide the crop or forage growth with needed
nutrients for optimum health and growth.
The purpose of this requirement is to limit the amount of nutrients
to that required by crops and to prevent the use of these fields as
disposal sites. Fields with nutrient amounts in excess of agronomic
rates are more likely to discharge pollutants into waters of the United
States.
C. Prohibitions
Part II.C. of the proposed permit identifies discharges which are
not authorized by this permit. These prohibitions are identified below.
--Part II.C.1. prohibits the discharge into waters of the United States
of any substance from a CAFO which is not considered process
wastewater. Process wastewater is defined in Part VII.M. of the
proposed permit. The purpose of this prohibition is to assure that
pollutants, other than that associated with CAFO operations, do not
enter waters of the United States. This prohibition is required
pursuant to Section 304(e) of the Act and 40 CFR 122.44(k)(3).
--Part II.C.2. of the proposed permit prohibits the discharge of
process wastewater to waters of the United States by means of a
hydrologic connection. This means that discharges that enter surface
waters indirectly through groundwater are prohibited. An example of
such a discharge is a leak from a control facility which enters
groundwater and eventually enters surface water through a connection.
This prohibition is required in order to be in compliance with the
effluent limitation of ``no discharge'' established in this permit. In
addition, the following decisions support the definition of a
hydrologic connection as a discharge to waters of the United States:
--McClellan Ecological Seepage v. Weinberger, 707 F. Supp. 1182, 1194
(E.D. Cal. 1988) (EPA has no statutory authority to regulate discharges
to isolated wetlands; cites substantial legislative history; where
hydrologic connection exists between groundwater and surface waters,
however, NPDES permit may be required);
--Sierra Club v. Colorado Refining Co., Civ. No. CIV.A.93-K-1713 (D.
Col. Dec. 8, 1993) (``[The] Clean Water Act's preclusion of the
discharge of any pollutant into `navigable waters' includes such
discharge which reaches `navigable waters' through groundwater.'');
--Leslie Salt Co. v. United States, 896 F.2d 354, 358 (9th Cir. 1990)
(CWA jurisdiction existed over salt flat even though hydrologic
connection between salt flat and navigable waters was man-made; ``The
fact that third parties, including the government, are responsible for
flooding Leslie's property is irrelevant. The Corps' jurisdiction does
not depend on how the property at issue became a water of the United
States. Congress intended to regulate local aquatic ecosystems
regardless of their origin.'').
The control of such discharges are best handled in the design phase
of the control facility. The NPDES permit requires the use of the Idaho
Waste Management Guidelines for confined Feeding Operations when
designing control facilities. In certain areas the use of liners may be
required as part of control facility construction.
--Part II.C.3. of the proposed permit prohibits the discharge of land
applied wastes to waters of the United States. The purpose of this
prohibition is to prevent wastewater pollutants from entering waters of
the United States. For example, wastewater must not be applied at such
a rate that runoff from the applied fields is entering waters of the
United States. This provision also applies when the ground is saturated
[[Page 44494]]
from precipitation or frozen and wastewater is being applied resulting
in runoff entering waters of the United States.
VI. Basis for Monitoring and Reporting Requirements
A. Notice of Intent
Part I.D. of the permit requires that a Notice of Intent (NOI) be
submitted to EPA and the State. The NOI fulfills the application
requirements for CAFOs in accordance with 40 CFR 122.21(i).
B. Discharge Notification
Parts II.D. and IV. of the permit identify the monitoring and
reporting requirements for CAFOs. These parts require the permittee to
report to EPA, by phone, within 24-hours, any discharge from the CAFO
to Waters of the United States. The permittee is also required to
submit a written report to EPA and the Idaho Department of Health and
Welfare Division of Environmental Quality within five days of the
discharge. These notification requirements are in accordance with 40
CFR 122.44(i), 122.41(l)(4), and 122.41(l)(6).
The required monitoring reports differ from those described in 40
CFR 122.41(l)(4) as follows:
--The Discharge Monitoring Report (DMR) forms have been determined to
be inappropriate for the type of monitoring information required from
the permitted facilities, and will not be used.
--No calculations are required to meet permit effluent limitations.
VII. Limitations of the General Permit
A. Limitations on Coverage
In accordance with Part 122.28, the Director may determine that the
General Permit is inappropriate for certain facilities. This can occur
in situations where the permittee is not in compliance with the General
Permit or if more stringent requirements are necessary to achieve state
water quality standards.
The General Permit may also be inappropriate for CAFOs that
discharge into sanitary sewer systems. In this case, it is the sanitary
system that is discharging and therefore requires a permit.
Discharges from duck feeding operations established prior to 1974
are also not covered by this General Permit.
B. Individual Permits
Part III.B. of the permit establishes the circumstances in which an
individual permit (instead of the General Permit) may be appropriate.
These provisions are included in the permit pursuant to 40 CFR 122.28.
VIII. Other Requirements
A. Endangered Species Act
Formal consultation is not necessary for CAFOs covered by this
general permit since this is a no discharge permit. Endangered species
should not be impacted by surface water discharges from facilities in
compliance with this permit.
B. State Certification
Section 301(b)(1)(c) of the Act requires that an NPDES permit
contain conditions which ensure compliance with applicable State water
quality standards or limitations. Section 401 requires that States
certify that Federally issued permits are in compliance with State law.
No permits can be issued until the requirements of Section 402 are
satisfied. Therefore, EPA is requesting the State of Idaho Department
of Health and Welfare to provide appropriate certification for the
draft general permit pursuant to 40 CFR 124.53.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System (NPDES) for Concentrated Animal Feeding Operations
(CAFO)
General Permit No.: IDG010000
In compliance with the provisions of the Clean Water Act (CWA),
33 U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987,
P.L. 100-4, the ``Act'':
Owners and operators of CAFOs except those sites excluded from
coverage in Part I of this NPDES permit, are authorized to discharge
in accordance with effluent limitations, monitoring requirements,
and other provisions set forth herein.
A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE OF THE
CAFO AT ALL TIMES.
This permit will become effective ________.
This permit and the authorization to discharge under the
National Pollutant Discharge Elimination System shall expire 5 years
after the effective date of this permit.
Signed this ________ day of August 1995.
Janis Hastings,
Acting Director, Water Division, Region 10.
I. Permit Coverage
A. Who needs to be covered by this permit?
B. What constitutes a discharge?
C. How to determine if your animal feeding operation is a CAFO?
D. How to apply for permit coverage?
E. Permit Expiration
II. Permit Requirements
A. Discharge Limitations
B. Best Management Practice (BMP)
1. Design of Control Facilities
2. Facility Expansion
3. Chemical Handling
4. Access Restriction
5. Land Application
6. Emergency Operation and Maintenance
C. Prohibitions
D. Discharge Monitoring and Notification
III. Limitations of the General Permit
A. Limitations on Coverage
B. Requiring an Individual Permit
IV. Monitoring, Reporting and Recording Requirements
A. When to Report?
B. What to report?
C. Other Noncompliance Reporting
D. Inspection and Entry
V. Compliance Responsibilities
A. Duty to Comply
B. Penalties for Violations of Permit Conditions
1. Administrative Penalty
2. Civil Penalty
3. Criminal Penalties
a. Negligent Violations
b. Knowing Violations
c. Knowing Endangerment
d. False Statements
C. Need to Halt or Reduce Activity not a Defense
D. Duty to Mitigate
E. Proper Operation and Maintenance
F. Removed Substances
G. Toxic Pollutants
VI. General Requirements
A. Anticipated Noncompliance
B. Permit Actions
C. Duty to Reapply
D. Duty to Provide Information
E. Other Information
F. Signatory Requirements
G. Availability of Reports
H. Oil and Hazardous Substance Liability
I. Property Rights
J. Severability
K. State Laws
L. Paperwork Reduction Act
VII. Definitions
I. Permit Coverage
A. Who Needs To Be Covered by This Permit?
A permit is required for discharges of process wastewater from
all operations classified as a Concentrated Animal Feeding Operation
(CAFO).
B. What Constitutes a Discharge?
This permit does not allow the discharge of process wastewater
except in accordance with Part II.A. of this permit.
A discharge of process wastewater is the release of pollutants
from a CAFO which enters surface waters such as a river, stream,
creek, lake, or other waters of the United States. Process
wastewaters include, but are not limited to, the following:
--Runoff from corrals, stock piled manure, and silage piles;
--Overflow from storage ponds; and
--Runoff from irrigated fields in which wastewater is applied at
greater than agronomic rates.
[[Page 44495]]
C. How To Determine If Your Animal Feeding Operation Is a CAFO?
Review the following questions to determine if your facility is
a CAFO.
1. Do you operate a facility where animals are confined and fed
or maintained?
If yes, proceed to next question. If no, your facility is not a
CAFO.
2. Are animals confined and fed or maintained for a total of 45
days or more in any 12 month period?
If yes, proceed to next question. If no, your facility is not a
CAFO.
3. Do any crops or vegetation exist in the confinement lot or
facility?
If no, proceed to next question. If yes, your facility is not a
CAFO.
4. Does your facility confine greater than the following number
of animals:
--700 mature dairy cattle,
--1000 slaughter or feeder cattle, or
--1000 animal units (See Appendix A for details)?
If yes, your facility is a CAFO. If no, proceed to next
question.
5. Does your facility confine the following number of animals:
--between 200 and 700 mature dairy cattle,
--between 300 and 1000 slaughter or feeder cattle, or
--between 300 and 1000 animal units (See Appendix A for details)?
If yes, proceed to question 7. If no, proceed to next question.
6. For facilities with less than the animals established in
Question 5. above, have you been notified by EPA, after an
inspection, that your facility has been designated a CAFO? See
Appendix B for details on significant contributors of pollution.
If yes, your facility is a CAFO.
7. Does your facility discharge directly into rivers, streams,
creeks or other waters of the United States?
If yes, your facility is a CAFO. If no, proceed to next
question.
8. Does your facility discharge through a man-made device such
as a pipe, ditch, or field overflow from land application, into a
river, stream, creek or other waters of the United States?
If yes, your facility is a CAFO. If no, your facility is not a
CAFO.
9. Have you been otherwise notified by EPA that your facility is
a CAFO? If yes, your facility is a CAFO. (The Regulations state that
``the Director may designate any animal feeding operation as a CAFO
upon determining that is it a significant contributor of pollution
to the waters of the United States.'')
If you answered Yes to questions 4, 6, 7, 8 or 9 above, your
facility is a CAFO.
See Part VII. of this permit for more details on the definition
of a CAFO.
D. Permit Coverage
1. Owners or operators of CAFOs must submit an application (also
known as a Notice of Intent) to the Environmental Protection Agency
(EPA) to obtain coverage under this permit. A list of information
required for a complete application can be found in Appendix C of
this permit.
2. The application shall be signed by the owner or other
authorized person in accordance with Part VI.F. of this permit.
3. The application must be submitted to EPA at least 90 days
prior to discharge. Coverage under this permit requires written
notification from EPA that coverage has been granted and that a
specific permit number has been assigned to the CAFO.
4. Signed copies of the application shall be sent to: U.S. EPA
Region 10, WD-134 CAFO NOI, 1200 Sixth Avenue, Seattle, Washington
98101.
5. CAFOs in Idaho must also send a copy of the application to:
Idaho State Division of Environmental Quality, 1410 N. Hilton,
Boise, Idaho 83706-1255.
E. Permit Expiration
Coverage under this permit will expire five (5) years from the
date of issuance.
II. Permit Requirements
A. Discharge Limitations
There shall be no discharge of process wastewater to waters of
the United States except when precipitation events cause an overflow
of process wastewater from a control facility properly designed,
constructed, maintained, and operated to contain:
1. All process generated wastewater resulting from the operation
of the CAFO (such as wash water, parlor water, watering system
overflow, etc.); plus,
2. All the contaminated runoff from a 25-year, 24-hour rainfall
event; plus,
3. a. Three inches of runoff from the accumulation of winter
precipitation; or
b. The amount of runoff from the accumulation of precipitation
from a one in five year winter.
B. Best Management Practice (BMP)
At a minimum, the management practices established in the Idaho
State Waste Management Guidelines for Animal Feeding Operations and
the BMPs listed below shall be implemented to prevent contamination
of waters of the United States:
1. Design of Control Facilities
All control facilities constructed after the issuance date of
this permit or any existing control facility which is redesigned and
modified in any way after the issuance of this permit shall be
designed, constructed and maintained in accordance with the Idaho
State Waste Management Guidelines for Animal Feeding Operations and
the most recent edition of the Natural Resource Conservation Service
(NRCS) National Handbook of Conservation Practices and associated
State Addenda, SCS Technical Note #716. Plans and specifications for
these control facilities shall be submitted to the Idaho Department
of Health and Welfare Division of Environmental Quality (IDHW-DEQ)
for review and approval prior to construction.
2. Facility Expansion
CAFO operations shall not be expanded, either in size or numbers
of animals, unless the waste handling procedures and structures are
adequate to accommodate any additional wastes that will be generated
by the expanded operations. Such expansion shall be consistent with
the Idaho State Waste Management Guidelines for Animal Feeding
Operations.
3. Chemical Handling
All wastes from dipping vats, pest and parasite control units,
and other facilities utilized for the application of potentially
hazardous or toxic chemicals shall be handled and disposed of in a
manner such as to prevent any pollutants from entering the waters of
the United States.
4. Access Restriction
No flowing surface waters (e.g. rivers, streams, or other waters
of the United States) shall come into direct contact with the
animals confined on the CAFO. Fences may be used to restrict such
access.
5. Land Application
Land application of process wastewater, control facility solids,
and/or manures (land application materials) shall be applied at
agronomic rates and conducted in accordance with the Idaho State
Waste Management Guidelines for Animal Feeding Operations or other
guidance approved by the IDHW-DEQ.
6. Emergency Operation and Maintenance
It shall be considered ``Proper Operation and Maintenance'' for
a control facility which has been properly maintained and is
otherwise in compliance with the permit, and that is in danger of
imminent overflow due to chronic or catastrophic rainfall, to
discharge process wastewaters to land application sites for
filtering. The volume discharged during such an event shall be
limited to that amount reasonably expected to overflow from the
waste storage pond. Such discharges shall be reported to EPA in
accordance with Part IV of the permit.
C. Prohibitions
1. The discharge of any materials or substance other than
process wastewater is strictly prohibited by this permit.
2. Discharges of process wastewaters to waters of the United
States by means of a hydrologic connection is prohibited.
3. The discharge or drainage of land applied wastes (solid or
liquid) from land applied areas to waters of the United States is
prohibited.
D. Discharge Monitoring and Notification
If, for any reason, there is a discharge to a water of the
United States, the permittee is required to monitor and report as
established in Part IV. of this permit.
Discharge flow and volume from a CAFO may be estimated if
measurement is impracticable.
III. Limitations of the General Permit
A. Limitations on Coverage
The following CAFOs are not covered by this permit:
1. CAFOs which have been notified by the Director to file for an
individual permit in accordance with Part III.B. of this permit.
2. CAFOs that discharge all process wastewater to a publicly
owned sanitary sewer system which operates in accordance with an
NPDES permit.
[[Page 44496]]
3. Concentrated Duck feeding operations established prior to
1974.
B. Requiring an Individual Permit
1. The Director may require any person authorized by this permit
to apply for and obtain an individual NPDES permit. The Director
will notify the owner or operator in writing that an individual
permit application is required. If an owner or operator fails to
submit the permit application by the date specified in the
Director's written notification, then coverage by this general
permit is automatically terminated.
2. Any owner or operator covered by this permit may request to
be excluded from the permit coverage by applying for an individual
permit. The owner or operator shall submit an individual application
(Form 1 and Form 2B) to the Director with reasons supporting the
request.
3. When an individual NPDES permit is issued to an owner or
operator otherwise covered by this permit, coverage by this permit
is automatically terminated on the effective date of the individual
permit.
4. When an individual NPDES permit is denied to an owner or
operator otherwise covered by this permit, coverage by this permit
is automatically reinstated on the date of such denial, unless
otherwise specified by the Director.
IV. Monitoring, Reporting and Recording Requirements
A. When to Report?
If, for any reason, there is a discharge to a water of the
United States, the permittee is required to:
1. Verbally notify the EPA of the discharge at (206) 553-1669
within 24 hours, and
2. Notify the EPA and the State of the discharge in writing
within 5 days of the discharge. Written notification shall be sent
to the addresses identified in Part I.D. of this permit.
B. What to Report?
The information required for notification shall include:
1. A description and cause of the discharge, including a
description of the flow path to the receiving water body. Also, an
estimation of the duration of the flow and volume discharged.
2. The dates and times of the discharge, and, if not corrected,
the anticipated time the discharge is expected to continue, as well
as procedures implemented to prevent the recurrence of the
discharge.
3. If caused by a precipitation event(s), information from the
National Weather Service concerning the size of the precipitation
event.
4. If any samples are collected and analyzed the written report
shall also include the following:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The analytical techniques or methods used; and
e. The results of such analyses.
5. The Director may waive the written report on a case-by-case
basis if an oral report has been received within 24 hours by the
Water Compliance Section in Seattle, Washington, by phone, (206)
553-1669.
6. Any reports submitted to EPA must be signed by the owner or
authorized person in accordance with Part VI.F. of the permit.
C. Other Noncompliance Reporting
Instances of noncompliance not required to be reported in Part
IV.A. of this permit shall be reported in writing within 5 days
after the permittee becomes aware of the violation. The reports
shall contain the information listed in Part IV.B. of this permit.
D. Inspection and Entry
The permittee shall allow the Director, or an authorized
representative (including an authorized contractor acting as a
representative of the Administrator), upon the presentation of
credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated
facility or activity is located or conducted, or where records must
be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records
that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or
operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act,
any substances or parameters at any location.
V. Compliance Responsibilities
A. Duty to Comply
The permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of the Act and is
grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
B. Penalties for Violations of Permit Conditions
1. Administrative Penalty. The Act provides that any person who
violates a permit condition implementing Sections 301, 302, 306,
307, 308, 318, or 405 of the Act shall be subject to an
administrative penalty, not to exceed $10,000 per day for each
violation.
2. Civil Penalty. The Act provides that any person who violates
a permit condition implementing Sections 301, 302, 306, 307, 308,
318, or 405 of the Act shall be subject to a civil penalty, not to
exceed $25,000 per day for each violation.
3. Criminal Penalties:
a. Negligent Violations. The Act provides that any person who
negligently violates a permit condition implementing Sections 301,
302, 306, 307, 308, 318, or 405 of the Act shall be punished by a
fine of not less than $2,500 nor more than $25,000 per day of
violation, or by imprisonment for not more than 1 year, or by both.
b. Knowing Violations. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301,
302, 306, 307, 308, 318, or 405 of the Act shall be punished by a
fine of not less than $5,000 nor more than $50,000 per day of
violation, or by imprisonment for not more than 3 years, or by both.
c. Knowing Endangerment. The Act provides that any person who
knowingly violates a permit condition implementing Sections 301,
302, 306, 307, 308, 318, or 405 of the Act, and who knows at that
time that he thereby places another person in imminent danger of
death or serious bodily injury, shall, upon conviction, be subject
to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. A person which is an organization shall, upon
conviction of violating this subparagraph, be subject to a fine of
not more than $1,000,000.
d. False Statements. The Act provides that any person who
knowingly makes any false material statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained under this Act or who
knowingly falsifies, tampers with, or renders inaccurate any
monitoring device or method required to be maintained under this
Act, shall upon conviction, be punished by a fine of not more that
$10,000, or by imprisonment for not more than 2 years, or by both.
Nothing in this permit shall be construed to relieve the
permittee of the civil or criminal penalties for noncompliance.
C. Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the
conditions of this permit.
D. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit.
F. Removed Substances
Solids, sludges, or other pollutants removed in the course of
treatment or control of wastewaters shall be disposed of in a manner
so as to prevent any pollutant from such materials from entering
waters of the United States.
G. Toxic Pollutants
The permittee shall comply with effluent standards or
prohibitions established under Section 307(a) of the Act for toxic
pollutants within the time provided in the regulations that
establish those standards or prohibitions, even if the permit has
not yet been modified to incorporate the requirement.
VI. General Requirements
[[Page 44497]]
A. Anticipated Noncompliance
The permittee shall also give advance notice to the Director of
any planned changes in the permitted facility or activity which may
result in noncompliance with permit requirements.
B. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does
not stay any permit condition.
C. Duty To Reapply
If the permittee wishes to continue an activity regulated by
this permit after the expiration date of this permit, the permittee
must apply for a new permit by resubmitting the information in
Appendix C of this permit. The application should be submitted at
least 180 days before the expiration date of this permit.
D. Duty To Provide Information
The permittee shall furnish to the Director, within a reasonable
time, any information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this
permit. The permittee shall also furnish to the Director, upon
request, copies of records required to be kept by this permit.
E. Other Information
When the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or any report to the Director,
it shall promptly submit such facts or information.
F. Signatory Requirements
All applications, reports or information submitted to the
Director shall be signed and certified.
1. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer.
b. For a partnership or sole proprietorship: by a general
partner or the proprietor, respectively.
c. For a municipality, state, federal, or other public agency:
by either a principal executive officer or ranking elected official.
2. All reports required by the permit and other information
requested by the Director shall be signed by a person described
above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
a. The authorization is made in writing by a person described
above and submitted to the Director, and
b. The authorization specified either an individual or a
position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant
manager, operator of a well or a well field, superintendent,
position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.)
3. Changes to authorization. If an authorization under paragraph
VI.F.2. is no longer accurate because a different individual or
position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of
paragraph VI.F.2. must be submitted to the Director prior to or
together with any reports, information, or applications to be signed
by an authorized representative.
4. Certification. Any person signing a document under this
section shall make the following certification:
``I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.''
G. Availability of Reports
Except for data determined to be confidential under 40 CFR Part
2, all reports prepared in accordance with the terms of this permit
shall be available for public inspection at the office of the
Director. As required by the Act, permit applications, permits and
effluent data shall not be considered confidential.
H. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee
is or may be subject under Section 311 of the Act.
I. Property Rights
The issuance of this permit does not convey any property rights
of any sort, or any exclusive privileges, nor does it authorize any
injury to private property or any invasion of personal rights, nor
any infringement of federal, state or local laws or regulations.
J. Severability
The provisions of this permit are severable, and if any
provision of this permit, or the application of any provision of
this permit to any circumstance, is held invalid, the application of
such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
K. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to
any applicable state law or regulation under authority preserved by
Section 510 of the Act.
L. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated
facilities in this draft general permit under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information
collection requirements of this permit have already been approved by
the Office of Management and Budget in submission made for the NPDES
permit program under the provisions of the CWA.
VII. Definitions
A. 25-Year, 24-Hour Rainfall Event means the maximum 24-hour
precipitation event with a probable recurrence interval of once in
25 years, as defined by the National Weather Service in Technical
Paper Number 40, ``Rainfall Frequency Atlas of the United States'',
May 1961, and subsequent amendments, or equivalent regional or state
rainfall probability information developed therefrom.
B. Administrator means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
C. Agronomic Rates means the land application of animal wastes
at rates of application which provide the crop or forage growth with
needed nutrients for optimum health and growth.
D. Animal feeding operation means a lot or facility (other than
an aquatic animal production 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, and the animal confinement
areas do not sustain crops, vegetation, forage growth, or post-
harvest residues in the normal growing season. Two or more animal
feeding operations under common ownership are a single animal
feeding operation if they adjoin each other, or if they use a common
area or system for the disposal of wastes.
E. Animal unit means a unit of measurement for any animal
feeding operation calculated by adding the following numbers: The
number of slaughter and feeder cattle and dairy heifers multiplied
by 1.0, plus the number of mature dairy cattle multiplied by 1.4,
plus the number of swine weighing over 55 pounds multiplied by 0.4,
plus the number of sheep multiplied by 0.1, plus the number of
horses multiplied by 2.0.
The director may establish other animal unit factors for animal
types not listed above.
F. Application means a written ``notice of intent'' pursuant to
40 CFR 122.28.
G. Best Management Practices (BMPs) means schedules of
activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of
``waters of the United States''. BMPs also include treatment
requirements, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
H. Concentrated Animal Feeding Operation (CAFO) means an
``animal feeding operation'' which meets the criteria in 40 CFR Part
122, Appendix B, or which the Director designates as a significant
contributor of pollution pursuant to 40 CFR 122.23 (c). Animal
feeding operations
[[Page 44498]]
defined as ``concentrated'' in 40 CFR 122 Appendix B are as follows:
1. New and existing operations which stable or confine and feed
or maintain for a total of 45 days or more in any 12-month period
more than the numbers of animals specified in any of the following
categories:
a. 1,000 slaughter or feeder cattle;
b. 700 mature dairy cattle (whether milkers or dry cows);
c. 2,500 swine weighing over 55 pounds each;
d. 500 horses;
e. 10,000 sheep or lambs;
f. 55,000 turkeys;
g. 100,000 laying hens or broilers when the facility has
unlimited continuous low watering systems;
h. 30,000 laying hens or broilers when facility has liquid
manure handling system;
i. 5,000 ducks; or
j. 1,000 animal units.
2. New and existing operations which discharge pollutants into
waters of the United States either through a man-made ditch,
flushing system, or other similar man-made device, or directly into
waters of the United States, and which stable or confine and feed or
maintain for a total of 45 days or more in any 12-month period more
than the numbers or types of animals in the following categories:
a. 300 slaughter or feeder cattle;
b. 200 mature dairy cattle (whether milkers or dry cows);
c. 750 swine weighing over 55 pounds;
d. 150 horses;
e. 3,000 sheep or lambs;
f. 16,000 turkeys;
g. 30,000 laying hens or broilers when the facility has
unlimited continuous flow watering systems;
h. 9,000 laying hens or broilers when facility has a liquid
manure handling system;
i. 1,500 ducks; or
j. 300 animal units (from a combination of slaughter steers and
heifers, mature dairy cattle, swine over 55 pounds and sheep).
Provided, however, that no animal feeding operation is a CAFO as
defined above if such animal feeding operation discharges only in
the event of a 25-year, 24=hour storm event.
I. Control Facility means any system used for the retention of
all wastes on the premises until their ultimate disposal. This
includes the retention of manure, liquid waste, and runoff from the
feedlot area.
J. Director means the Regional Administrator of EPA.
K. Feedlot means a concentrated, confined animal or poultry
growing operation for meat, milk, or egg production, or stabling, in
pens or houses wherein the animals or poultry are fed at the place
of confinement and crop or forage growth or production is not
sustained in the area of confinement.
L. Ground Water means any subsurface waters.
M. Hydrologic Connection means the flow between surface
impoundments and surface water by means of a subsurface conveyance.
N. Land Application means the removal of wastewater and waste
solids from a control facility and distribution to, or incorporation
into the soil.
O. Process Wastewater means any process generated wastewater
directly or indirectly used in the operation of a feedlot (such as
spillage or overflow from animal or poultry watering systems;
washing, cleaning, or flushing pens, barns, manure pits, direct
contact swimming, washing, or spray cooling of animals; and dust
control) and any precipitation which comes into contact with any
manure or litter, bedding, or any other raw material or intermediate
or final material or product used in or resulting from the
production of animals or poultry or direct products (e.g., milk,
eggs).
P. Severe Property Damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
Q. The Act means Federal Water Pollution Control Act as amended,
also known as the Clean Water Act, found at 33 USC 1251 et seq.
R. Toxic Pollutants mean any pollutant listed as toxic under
section 307(a)(1) of the Act.
S. Waters of the United States. See 40 CFR 122.2.
Appendix A
Animal Units Calculations
``Animal unit'' is a term defined by the regulations and varies
according to animal type; one animal is not always equal to one
animal unit. Conversion to animal units is a procedure used to
determine pollution equivalents among the different animal types;
dairy cows produce more waste than sheep. This calculation is used
on facilities with more than one animal type onsite.
The number of animal units is calculated as follows:
--number of slaughter and feeder cattle multiplied by 1.0, plus,
--number of mature dairy cattle multiplied by 1.4, plus,
--number of dairy heifers cattle multiplied by 1.0, plus,
--number of swine weighing over 55 pounds multiplied by 0.4, plus,
--number of sheep multiplied by 0.1, plus,
--number of horses multiplied by 2.0.
Example 1: Determine the number of animal units on a dairy
operation which maintains 650 mature dairy cows and 300 dairy
heifers.
[(# mature cows)(1.4) + (# heifers)(1.0)] = animal units
[(650 x 1.4) + (300 x 1.0)] = 1210 animal units.
Such a facility exceeds the 1000 animal units as established in
Part I.C.4. of this permit, thus this facility is a CAFO and is
subject to NPDES requirements.
Example 2: Determine the number of animal units on a feeding
operation which maintains 650 slaughter cattle, 100 horses, and 1000
sheep.
[(650 x 1.0) + (100 x 2) + (1000 x 0.1)] = 950 animal units.
This facility does not exceed the 1000 animal units required to
be a CAFO in Part I.C.4. of this permit. However, it can be
classified as a CAFO under Part I.C.5. of this permit if pollutants
are discharged through a man-made conveyance or if pollutants are
discharged directly to waters of the U.S. If this situation occurs,
discharges are subject to NPDES requirements.
Appendix B
Significant Contributor of Pollutants
Definition
``Significant Contributor of Pollutants'' (SCP) is a designation
of an animal feeding operation made by the Director on a case-by-
case basis. The purpose of this designation is to regulate animal
feeding operations that are not automatically classified as CAFOs in
Part I.C. of the permit and have the potential of causing
environmental harm.
Designation Procedure
--SCP determinations can only be conducted after an onsite
inspection.
--The following factors are considered when making an SCP
determination:
a. The size of the animal feeding operation and the amount of
wastes reaching waters of the United States,
b. The location of the animal feeding operation relative to
waters of the United States,
c. The means of conveyance of animal wastes and process
wastewater to waters of the United States,
d. The slope, vegetation, rainfall, and other factors affecting
the likelihood or frequency of discharge of animal wastes and
process wastewater into waters of the United States, and
e. Other relevant factors.
--An animal feeding operation is a CAFO upon notification by the
Director.
Appendix C
Notice of Intent (Application) Information Requirements
The Application to be covered by this permit shall include the
following:
1. Previous NPDES permit number if applicable,
2. Facility owner's name, address and telephone number,
3. Facility operator's name, address and telephone number,
4. Types of waste handling practices currently used for
processing wastes (such as containment in a waste storage pond plus
land application),
5. Name of receiving water(s) to which wastewaters are (or may
be) discharged from the facility (receiving waters include canals,
latterals, rivers, streams, etc.),
6. The type and number of animals confined, and
7. A sketch of the operation, including control facilities,
diversion ditches, building structures, feeding areas, slope,
direction of overland and surface water flow, and proximity to
surface waters.
[FR Doc. 95-21173 Filed 8-25-95; 8:45 am]
BILLING CODE 6560-50-P