[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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