Fact Sheet

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Fact Sheet 3How Soon Must I Applyfor an NPDES
Permit?

• By Jamie Boehm and Rick Koelsch, University of
  Nebraska

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Brief Review

• EPA released new environmental regulations for
  animal feeding operations (AFOs).
• Regulations took effect on April 15, 2003.
• Many states are currently modifying state
  regulations to implement these rules.
• The definition of CAFOs changed in new
  regulations.
• See Fact Sheet 2 to determine if your AFO is
  also a CAFO under new rules.

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Timing of Permit Application Varies for
Following Situations

• Existing CAFO under past EPA rules
• Existing AFO NOT previously defined as a CAFO but
  now considered a CAFO under the new rules
• AFOs that become CAFOs due to expansion
• New AFO large enough to be CAFO
• Medium or small AFO defined or designated as a
  CAFO

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Producer Checklist How Soon do I Need an NPDES
Permit?

• Match your farm with one of the following
  examples.
• A good match should identify when you need to
  apply for an NPDES permit.

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Situation 1 An existing operation identified as
a CAFO (by past rules) operating with an existing
NPDES permit
2,000-head beef feedlot (lower limit is 1,000)
currently with NPDES permit issued in 2002 for 5
years
1,000-head dairy (lower limit is 700) currently
with NPDES permit issued in 1999 for 5 years
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Situation 1 An existing operation identified as
a CAFO (by past rules) operating with an existing
NPDES permit (cont'd)

• 3,000-head swine finisher with modified open
  front animal housing (2,500 lower limit) and
  earthen basin currently has an NPDES permit
  issued in 1996

• Immediately. Most permits are for 5 years.
  Check your current permit for the expiration
  date.

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Situation 2. An existing operation identified as
a CAFO (by past rules) operating without an
existing NPDES permit
2,000-head beef feedlot currently has no NPDES
permit
1,000-head dairy with animals housed in open lots
currently has no NPDES permit
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Situation 3 An existing operation identified as
a large CAFO based on animal number but houses
animals exclusively under roof
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Situation 3 An existing operation identified as
a large CAFO based on animal number but houses
animals exclusively under roof

• Two possible deadlines
• Immediately
• No later than April 13, 2006
• For later date to apply, producer needs to
  document proof of exemption.
• Letter of exemption from permitting authority?
• Have state permit but no NPDES permit as required
  by permitting authority?

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Situation 3 An existing operation identified as
a large CAFO based on animal number but houses
animals exclusively under roof (cont'd)

• Check with State Permitting Authority immediately
  to determine the deadline applicable to your
  operation.

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Situation 3 An existing operation identified as
a large CAFO based on animal number but houses
animals exclusively under roof (cont'd)
1,000-head dairy with animals housed in freestall
barns and earthen storage has never applied for
an NPDES permit
Deadline IMMEDIATE-LY if the permitting
authority did NOT determine CAFO was exempt under
the 25-year, 24-hour storm event exemption
A 75,000-bird turkey grower (lower limit is
55,000) houses birds under roof with a dry litter
manure handling system has no letter of exemption.
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Situation 3 An existing operation identified as
a large CAFO based on animal number but houses
animals exclusively under roof (cont'd)
5,000-head beef operation in confinement barns
currently has a letter of exemption from the
state regulatory agency that implements the NPDES
program
Deadline CAFO may have until April 13, 2006 if
the facility was exempt under the 25-year,
24-hour storm event exemption. Check with state
permitting authority!
2,800-head swine farrowing unit has a state
permit but was not asked to apply for the NPDES
permit
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Situation 4 An existing operation that is newly
defined as a large CAFO under the new rules
125,000-bird broiler operation with a dry litter
manure handling system.
10,000 head swine nursery, 30,000 bird duck
operation with other than liquid system, 82,000
hen egg producer with other than liquid system,
or 1,000 head veal operation.
Deadline As defined by the permitting authority
but no later than April 13, 2006.
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Situation 5 An existing medium or small AFO is
defined as a CAFO due to connection to waters of
the U.S. or is designated as a CAFO by the
Permitting Authority
500-head beef feedlot with a stream flowing
through the open lot
Existing 200-head beef feedlot designated by
permitting authority as contributing significant
nutrients to waters of the U.S.
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Situation 6 An existing livestock or poultry
operation has expanded from a small or medium
CAFO to a large CAFO.
500-head dairy expands to 1,000-head, involving
new facility construction
Feedlot expands from 900 to 1,100 head in an
existing facility
100,000-bird broiler operation with dry litter
system is expand-ing to 200,000 birds, involving
new facility construction
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Situation 7 A new livestock or poultry operation
is constructed that is defined as a CAFO under
the new rules.
New 200,000-bird broiler operation with dry
manure system (125,000 lower limit) is to be
constructed.
New 1,000-head dairy is being built on the site
of an existing 250-head facility. After
completion, most housing and manure storage
facilities will be new.
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Additional Deadlines

• States have one to two years from April 14, 2003
  to change regulations and issue new permits.
• Until then, permits will be written under old
  regulations.

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Additional Deadlines (cont'd)

• Permits will define when CAFOs will need to
  implement new management practices.
• Implementation of nutrient management plans
  defined by permit but no later than Dec. 31,
  2006.
• CAFO operators are encouraged to begin
  implementing new practices to spread out costs
  and learning curve

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Definition of Terms

• AFOAnimal Feeding Operation
• CAFOConcentrated Animal Feeding Operation
• NPDESNational Pollutant Discharge Elimination
  System EPA permit program

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Author
Rick Koelsch, a Livestock Environmental Engineer
at the University of Nebraska, can be reached at
rkoelsch1_at_unl.edu.
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Reviewers

• The authors wish to thank Dennis Heitman, Alan
  Rosenboom, and Gary Buttermore, Nebraska
  Department of Environmental Quality and staff of
  the U.S. Environmental Protection Agency for
  their review of this fact sheet.

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For More Information
Environmental Regulations Related ResourcesEPA
CAFO Phone Line202-564-0766 http//www.epa.gov/np
des/caforule/To obtain copy of
regulations http//www.epa.gov/npdes/afo/statecont
acts/To obtain state environmental agency
contacts http//www.epa.gov/agriculture/animals.ht
ml/To obtain compliance assistance information
from EPA http//cfpub.epa.gov/npdes/contacts.cfm?p
rogram_id7typeREGION/To obtain EPA Region
Animal Feeding Operation contacts
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For More Information (cont'd)

• Land-Grant University Resources
• The local contact for your land-grant university
  Cooperative Extension program is listed in the
  phone book under "Cooperative Extension" or
  "(county name) County Cooperative Extension."
• http//www.reeusda.gov/1700/statepartners/usa.htm/
  To obtain state Cooperative Extension contacts
• http//www.lpes/To view the Livestock and
  Poultry Environ-mental Stewardship (LPES)
  curriculum resources

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For More Information (cont'd)

• USDA Farm Bill Resources
• To obtain more information about the Farm Bill
  2002, see the USDA-NRCS website at the following
  URL http//www.nrcs.usda.gov/programs/farmbill/20
  02/.
• You can also contact your local USDA Service
  Center, listed in the phone book under "U.S.
  Department of Agriculture," or your local
  conservation district.

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Funding

• This material is based upon work supported by
  the Cooperative State Research, Education, and
  Extension Service, U.S. Department of
  Agriculture the U.S. Environmental Protection
  Agency, the National Agriculture Assistance
  Center and the University of Nebraska
  Cooperative Extension, University of
  Nebraska-Lincoln, under Cooperative Agreement
  Number 97-EXCA-3-0642.