STATE REGS Lisa Ann McKinley CSREES(Extension)/EPA Liaison

STATE COMPENDIUM Programs and Regulatory Activities Related to Animal Feeding Operations Prepared For: U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Wastewater Management, Water Permits Division Prepared by: TETRA TECH, INC. Fairfax, VA Under Contract #68-C Work Assignment #1-03

To Receive a Copy Contact: U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Wastewater Management Water Permits Division 1200 Pennsylvania Avenue Washington, DC 20460

The Clean Water Act (1977) Directs EPA to protect surface waters through the point source permitting program (NPDES) Requires EPA to periodically reassess the Effluent Limitations Guidelines ( ELG) and Standards

For more than 20 years, Clean Water Act N ational P ollutant D ischarge E limination S ystem - NPDES permits and effluent guidelines for CAFOs have helped to improve the quality of our nations waters. EPA 833-F December 2000

Animal Feeding Operations (AFOs) are agricultural enterprises where animals are kept and raised in confined situations. AFOs congregate animals, feed,manure and urine, dead animals, and production operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures, fields, or on rangeland. CLEAN WATER ACT

Animal Feeding Operation (AFO) Lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period Where crops, vegetation, forage growth, or post- harvest residues are not sustained over any portion of the lot facility in the normal growing season

Definition of a Concentrated Animal Feeding Operation (CAFO) Currently an AFO is a CAFO if More than 1,000 animal units are confined at the facility OR From ,000 animal units are confined the facility and it also meets one of the specific criteria addressing the method of discharge

300 to 1,000 AUs are defined as CAFOs if they discharge either through man-made device directly to stream running through confinement area

An Animal Unit (AU) is equal to roughly ONE BEEF COW therefore 1,000 AUs is equal to 1,000 beef cows or equivalent number of other animals ~ 100,000 laying hens

Existing Federal Regulations Exclude all poultry operations using dry litter ONLY “WET” OPERATIONS ARE PERMITED

Under the Clean Water Act, Concentrated Animal Feeding Operation (CAFO) are defined as POINT SOURCES of pollution.

Under the Clean Water Act POINT SOURCES of pollution are subject to N ational P ollutant D ischarge E limination S ystem - NPDES permit regulations.

NPDES permits may be issued by EPA or any state authorized by EPA to implement the NPDES program. Currently, 44 states are authorized to administer the base NPDES program.

OKLAHOMA Does NOT has a NPDES permit specific to CAFOs Region 6 administers the portion of Oklahoma’s NPDES program that deals with CAFOs by covering Oklahoma CAFOs under the Region 6 General NPDES Permit for CAFOs.

To become an authorized NPDES state the requirements imposed under a State’s NPDES program must at a minimum be as stringent as the requirements imposed under the federal NPDES program.  The states may impose requirements that are broader in scope or more stringent than the requirements imposed under the federal NPDES program.

NORTH CAROLINA Although North Carolina is authorized to issue NPDES permits, it has opted not to issue NPDES permits to CAFOs. Rather, North Carolina has developed its own water quality permitting program. 1993

NORTH CAROLINA The North Carolina Division of Water Quality (DWQ), which is housed within the Department of Environmental and Natural Resources (DENR), administers the permitting program and operates a mandatory training and certification program for animal waste management operators.

NORTH CAROLINA definition of a CAFO differs from the EPA definition Facilities subject to State (Non-NPDES Regulations) permits include operations designed for 100 head of cattle 75 horses 250 swine 1,000 sheep 30,000 birds with a liquid waste system

Only a handful of states rely solely on their State NPDES regulations to address CAFOs. Rather, most use their NPDES regulations as one part of their CAFO program and supplement these requirements with additional provisions.

MARYLAND General NPDES Permit Program for CAFOs - MDE Waste Storage & Handling Plan (MDE - Maryland Department of Environment)

MARYLAND Water Quality Improvement Act (WQIA) of 1998 The Act mandates nutrient management plans for virtually all Maryland farms. Nutrient Management Plan - MDA (Maryland Department of Agriculture - MDA)

MARYLAND Water Quality Improvement Act (WQIA) of 1998 Facilities Subject to State Non-NPDES Regulations include ALL agricultural operations with incomes of a least $2,500 or 8 animal units

25 states administer a state NPDES CAFO program with some other state permit, license, or authorization program typically, this additional state authorization is a construction or operating permit

Poultry producing states with authorized non-NPDES construction permits AL, AR, CA, FL, IN, KY, MD, MN, MO, OH, OK, OR, SC, WI

Poultry producing states with authorized non-NPDES operating permits AL, AR, CA, DE, FL, GA, IN, KY, LA, MN, MO, MS, NC, OH, OK, OR, PA, SC, TX, VA, WA, WI and WV

8 states regulate CAFOs exclusively under their state NPDES authority TN and WV 5 states have chosen to solely regulate CAFOs under State non-NPDES programs NC, SC and MI

General Permits In 1995, it was estimated that 450,000 operations nationwide confined or concentrated animals, of which a very conservative estimate indicated that at least 6,600 had more than 1,000 animal units and may have been considered CAFOs under the federal definition 6,600 CAFOs One way of reducing the administrative burden associated with permitting such large numbers of facilities is through general permits.

Existing regulations provide that general permits may be issued to cover a category of discharges within a geographic region. General permits may regulate either storm water point sources or a category of point sources that involves similar operations with similar wastes. examples: all CAFOs or more specific swine

GENERAL PERMITS 20 states have issued a NPDES general permit for CAFOs AL, AR, CA, GA, MD, MO, MS, OH, OK, PA, TN, TX, WA, WI and WV 11 states have issued a state non-NPDES general permit for CAFOs AR, KY, MS, NC, OR, SC, VA and WA

INDIVIDUAL PERMITS 30 states have issued individual NPDES permits for CAFOs AL, FL, GA, IN, LA, MD, MN, MO, and MS 31 states have issued individual state non-NPDES permits for CAFOs AR, CA, GA, KY, LA, MD, MN, MO, MS, NC, OH, OK, OR, SC, TX, VA and WA,

TENNESSEE Tennessee Water Quality Control Act of General NPDES Permit, Class II CAFOs 9,000 – 30,000 birds with liquid systems Existing operations with 50,000 birds or more with dry litter New operations with 20,000 birds or more with dry litter

TENNESSEE Tennessee Water Quality Control Act of 1977 Individual NPDES Permits, Class I CAFOs Greater than 30,000 birds with liquid systems

Effluent Guidelines The federal technology-based effluent limit for CAFOs is no discharge, except in the event of a catastrophic rain for facilities designed, constructed, and operated to contain all waster water and runoff from a 25 year 24 hour storm. AL, AR, CA, FL, KY, LA, MD, MN, MO, MS, NC, OH, OK, PA, SC, TN, TX, VA, WA, WI and WV DRY LITTER POULTRY

Land Application A key concern regarding the management of CAFO waste is ensuring appropriate land application. Land application is the primary management practice used by CAFOs to dispose of animal waste.

Estimates indicate that 90 percent of CAFOs generated waste is land applied. 34 states impose requirements addressing land application either through NPDES or non-NPDES programs. ALL POULTRY PRODUCING STATES ADDRESS LAND APPLICATION

ALL 34 states address Agronomic Rates Agronomic rates are typically based on the nitrogen needs of crops, although some states specify that waste be applied at agronomic rates for nitrogen and phosphorous. The determination of agronomic rates varies from state to state.

ALL 34 states require the development and use of Waste Management Plans The complexity and details required in a Waste Management Plan also vary among states. Some states do not explicitly identify what items must be addressed in a Waste Management Plan, whereas others have detailed requirements.

Waste Management Plans typically include: Estimates of the annual volume of waste Schedules for emptying and applying wastes Rates and locations for applying wastes Provisions for determining agronomic rates (i.e., soil testing) Provisions for conducting required monitoring and reporting Written agreements with landowners to accept liquid waste

At least 28 states have developed new laws or regulations related to AFOs since 1996 AND VOLUNTARY PROGRAMS

ALL of the States in EPA Region IV AL, FL, GA, KY, MS, SC, NC, TN have programs to address nutrient management issues for poultry

GEORGIA

Certified Operators GEORGIA CONDUCTED 5 trainings and certified about 220 operators two day training with test; approximate pass rate of 95% of this, ~ 20 operators were layer operations with liquid manure management systems ~ 75 were swine, and ~ 125 dairy

Nutrient Management Planners GEORGIA CONDUCTED 5 trainings and certified about 180 nutrient management planners two day training with test; approximate pass rate of 85% GDA website has list of certified planners

In a resolution passed by the Georgia Poultry Federation in 1999, Georgia poultry producers set a goal to have every poultry farmer in the state trained in these voluntary nutrient management plans by January 2001 with implementation of the CNMPs by January 2002.

To accomplish this goal, The University of Georgia Extension Service and the Georgia Poultry Federation scheduled training sessions across the state. Georgia’s poultry companies sponsored the training sessions on a complex-by-complex basis providing meeting facilities and training notebooks for the participants.

The University of Georgia conducted the training sessions utilizing a team of educators comprised of extension faculty and county agents. The training programs were conducted primarily in evening sessions with each training lasting from two and a half to three hours. All participants were provided a certificate of training upon completion of the program and were encouraged to work with their county agent to implement the CNMPs.

In recognition of the importance of this program and the proactive approach taken by Georgia’s poultry industry, The Governor and the General Assembly of the State of Georgia approved funds for the free testing of poultry litter/manure for farms participating in the voluntary nutrient management planning program.

In addition, The Georgia Poultry Federation in January 2000 initiated a litter-manure matching service to assist growers with extra litter in finding other farmers or manure haulers that could utilize the material. To date, everyone with extra litter has found a use through this matching service or through their contracting company.

THE PROGRAM HELD 55 training sessions involving more than 3,700 individuals have been conducted. This represents nearly 99% of the poultry producers in the state of Georgia.

For the remaining 1% County agents are providing individual sessions upon request to assure that every grower has the opportunity to receive this information.  In addition, county agents are providing key support for poultry growers by assisting them with the development of their CNMPs and by providing county-based, follow-up programs and individual consultations.

This VOLUNTARY program was awarded, The program received one of 13 statewide awards in the Governor’s 2000 Pollution Prevention Awards Program, sponsored in cooperation with the Georgia Department of Natural Resources. In addition, the Georgia Poultry Federation received the American Society of Association Executive’s Advance America Award for sponsorship of this program.

“The true success of the program, however, will be realized when every poultry grower in Georgia has completed a CNMP and has implemented all best management practices possible for the protection of their farms and Georgia’s water systems.” - Georgia Poultry Federation

For additional information on the Georgia program DAN L. CUNNINGHAM EXTENSION COORDINATOR - POULTRY SCIENCE 226 Poultry Science Building University of Georgia, Athens, GA

For additional information on AFO/CAFOs contact: THE NATIONAL AGRICULTURE COMPLIANCE ASSISTANCE CENTER 901 North 5th Street Kansas City, KS – 2155

For additional information contact: GREGORY BEATTY, AFO TEAM US EPA Headquarters / Office of Water / Office of Wastewater Management /Water Permits Division 1200 Pennsylvania Ave NW (4203M) Washington, DC (202)

for a complete list of all EPA regional and State contacts for the NPDES and state AFO/CAFO programs

Lisa Ann McKinley Extension/EPA Liaison EPA Region IV Office of Water 15 th Floor, 61 Forsyth St. SW, Atlanta, GA