Nutrient Management Plan Implementation Workshop

Transcription

1 Nutrient Management Plan Implementation Workshop Sam Sampath CAFO Permitting Coordinator, WPD, EPA, Region 4 October 19-20, 2010 Hilton Garden Inn, Atlanta 1

2 Highlights of 2008 CAFO Final Rule Revises Duty to Apply: Replaces the 2003 requirement for all CAFOs to apply for NPDES permits; instead requires only those CAFOs that discharge or propose to discharge to apply for permits. New certification option: Adds voluntary no discharge certification option for CAFOs that do not discharge or propose to discharge. Additional nutrient management plan (NMP)-related requirements: Adds requirements for operators to submit NMPs w/ permit applications or notices of intent (NOIs) for general permit coverage ; permit authorities and public review of NMPs; terms of NMP into permit Allows two approaches for rates of application as terms of NMP 2

3 Table 1. Regulatory summary Topic Regulatory cite (40 CFR) Definitions Animal Feeding Operation (AFO) (b)(1) Concentrated Animal Feeding Operation (CAFO) (b)(2) Production Area (b)(8); 412.2(h) Land Application Area (b)(3); 412.2(e) Large CAFOs (b)(4) Manure (b)(5) Medium CAFOs (b)(6) Process Wastewater (b)(7); 412.2(d) Overflow 412.2(g) 10-year, 24-hour; 25-year,24-hour; and 100-year, 24 hour rainfall event 412.2(i) Setback 412.4(b)(1) Vegetated buffer 412.4(b)(2) Multi-year phosphorus application 412.4(b)(3) Who Needs an NPDES Permit Designated CAFOs (c) Duty to Apply (d) Land application discharges from a CAFO are subject to NPDES (e) requirements Deadline for CAFO permit coverage (f) Duty to maintain permit coverage (g) No Discharge Certification Option (i) How Do CAFOs Apply for an NPDES Permit Permit application requirements individual or general permits (i)(1); (h); (b)(2)(i) What is Required in NPDES Permits Issues to CAFOs Effluent Limitations (e)(1) Requirements for CAFOs subject to the ELG 412 3

4 Additional Details Duty to Apply Which CAFOs Must Seek Permit Coverage How does a CAFO know if it needs to apply for permit coverage? The Final Rule calls for a case-by-case determination of whether the CAFO does or will discharge from its production or land application area based on an objective assessment of the CAFO s design, construction, operation, and maintenance. If an unpermitted CAFO previously discharged and has permanently fixed the cause of the discharge, does it need to apply for a permit? No. A CAFO that has had a discharge in the past and has taken the steps necessary to permanently fix the cause of the discharge is not required to apply for a permit if it is designed, constructed, operated, and maintained for no discharge. Does a CAFO need to obtain permit coverage to claim the agricultural stormwater exemption for precipitation-related discharges from land application? No. A CAFO that does not have any discharge other than agricultural stormwater and that does not propose to discharge is not required to seek permit coverage. In the Final Rule EPA clarifies the applicability of the agricultural stormwater exemption to unpermitted CAFOs. 4

5 Some factors that are relevant to a CAFO s objective assessment whether it discharges or not Proximity of the CAFO to waters of the United States, and if the CAFO is upslope from waters of the U.S.; Climatic conditions, including whether precipitation exceeds evaporation; Discharge history; Type of waste storage system, and the capacity, quality of construction and presence and extent of built-in safeguards of the storage system; Management of mortalities; Standard operating procedures and quality of maintenance protocols, e.g., for equipment, infrastructure, etc.; Drainage of production area; Exposure of animal waste and feed to precipitation or other water; and If the CAFO land applies, method for nutrient management planning and source of technical standards (e.g., technical standards established by the Director). 5

6 Photo 1. This stockpile is up to eight feet tall and sixty feet long without cover or containment. A creek runs through the wooded area behind the pile. Any runoff from the stockpile to waters of the U.S. would be a discharge from the CAFO. (Source: EPA Region 7.) 6

7 Photo 2. This lagoon at a dairy CAFO is upslope from a water of the U.S. and overflowing. In addition, cows stand on the embankments of the far side of the lagoon, which may degrade the embankments over time, and vegetation is growing in the lagoon, which indicates poor maintenance. (Source: EPA Region 6.) 7

8 Photo 3. This CAFO is discharging by disposing of mortalities in a conveyance that drains to a water of the U.S. (Source: EPA Region 4.) 8

9 Photo 4. This CAFO is discharging during dry weather by spraying manure/wastewater into a ditch that flows to a water of the U.S. In addition, inadequate edge-of-field conservation practices may be insufficient to control runoff (see (e)(1)(vi)), to the extent necessary to qualify as agricultural stormwater discharges (see (e)). (Source: EPA Region 4.) 9

10 Photo 5. The dairy CAFO pictured below has had discharges from the confinement area bypassing the waste containment storage structure (denoted by red dashed line). (Source: EPA Region 4.) 10

11 Photo 6. This dairy CAFO cooling pond is designed to have a pipe discharge via a conveyance to a water of the United States. Use of this cooling pond results in the CAFO discharging or proposing to discharge. (Source: EPA Region 4.) 11

12 Photo 7. This section of the beef feedlot production area has an outlet for manure and process wastewater to a roadside ditch. If the ditch is, or conveys process wastewater to, a water of the U.S., then the CAFO discharges or proposes to discharge. (Source: EPA Region 7.) 12

13 Photo 8. An in-house pit in this swine barn is designed to have manure transported from the pit to an earthen storage structure through a pipe. Due to a pipe break, manure is leaking and flowing downhill from the barn. (Source: EPA Region 5.) 13

14 Photo 9. This storage structure may have inadequate capacity for the amount of litter being stored. The area around the storage shed drains to a water of the U.S. and does not have any runoff controls. (Source: EPA Region 3.) 14

15 Photo 10. The photo shows a poultry operation that was designed to have precipitation drain away from houses through a conveyance system that discharges to a water of the U.S. If pollutants will be carried by this conveyance system to waters of the U.S., the facility is proposing to discharge. (Source: EPA Region 3.) 15

16 Additional Details Voluntary Certification Option Voluntary No Discharge Certification Option What is the incentive for an unpermitted CAFO to certify? A properly certified CAFO makes an up-front demonstration to the Director that it does not have to get a permit. In the event of a discharge from a CAFO with a valid certification, the CAFO would only be subject to liability for the unpermitted discharge, not for failure to seek permit coverage prior to the discharge. What are the qualifications for the voluntary certification option? In order to properly certify under the voluntary option, a CAFO must be designed, constructed, operated and maintained for no discharge in accordance with rigorous eligibility criteria, including a technical evaluation of open manure storage structures and development and implementation of an NMP that ensures no discharge. The CAFO also must submit a signed statement, general information about the facility, and description of eligibility. If a CAFO meets all of the eligibility and submission requirements its certification will become effective upon submission without required review by the permitting authority. If a properly certified CAFO discharges, can it recertify? Yes. After a discharge from a properly certified CAFO, the CAFO can recertify if it permanently fixes the cause of the discharge and it has not previously recertified after a discharge from the same cause. The CAFO s recertification is submitted for a 30-day review. 16

17 Additional details Nutrient Management Plans NMP-related requirements Is the entire NMP required to be publicly noticed? Yes, the permitting authority is required to make the entire NMP and the draft terms of the NMP available to public. Is the entire NMP incorporated into the permit? Yes. The permitting authority must incorporate the terms of the NMP into the permit, which include the information, protocols, best management practices (BMPs) and other conditions in the NMP necessary to meet the NMP requirements of the 2003 rule. What are the two approaches in the final rule for expressing rates of application? The linear approach expresses field-specific maximum rates of application in terms of the amount of nitrogen and phosphorus from manure, litter, and process wastewater allowed to be applied. The narrative rate approach expresses the field-specific rate of application as a narrative rate prescribing how to calculate the amount of manure, litter, and process wastewater allowed to be applied. 17

18 Additional details Rates of Application NMP-related requirements, cont. Do either of the two approaches in the final rule for identifying terms of the NMP for expressing rates of application address the concern regarding flexibility of the NMP? Yes. The narrative rate approach allows CAFO operators to change their crop rotation and form and source of manure, litter, and process wastewater, as well as the timing and method of application. The narrative rate approach allows the use of real time data for determining rates of application and provides the most flexible approach for farmers. What are substantial changes to the NMP and that require a permit modification? The final rule includes a list of changes to the NMP that constitute a substantial change that would trigger permit modification. These include addition of new land application areas not previously included in the CAFO s NMP and addition of any crop not included in the terms of the CAFO s NMP and corresponding field-specific rates of application. 18

19 Additional details Water Quality-based Effluent Limitations Water Quality-based Effluent Limitations EPA clarifies that permit writers may require water quality-based effluent limitations (WQBELs) in CAFO permits if necessary to meet applicable water quality standards To further limit discharges from the production area; and/or With respect to any non-agricultural stormwater discharges from the land application areas. 19

20 Additional details Technology-based Effluent Limitations What are the best conventional pollutant control technology (BCT) effluent limitations for fecal coliform? EPA did not identify any economically achievable, technologically available, and cost reasonable technologies on which to establish national effluent limitations for fecal coliform. EPA affirmed the BCT limitations are the same as the 2003 rule BPT and BAT limitations: No discharge from production area. Limited exemption for precipitation-based overflows under specified conditions. Land application rates that minimize transport of nutrients; required setback or vegetated buffer. What are the requirements for new source swine, poultry, and veal calf CAFOs? Basic new source requirements are the same as 2003 CAFO rule: No discharge from production area. No exemption for precipitation-based overflows for new swine, poultry, and veal calf CAFOs. Alternative provision in the rule for demonstrating the new CAFO is a no discharge facility based on well-established USDA models. Flexibility for Director to approve other models 20

21 Outreach on Rule Updates to EPA website, including Federal Register notice and outreach materials Press release, fact sheet, Qs & As Implementation Guidance on CAFO Regulations Conference calls/meetings with stakeholders 21

22 EPA Implementation Support Training for NMP development and for permit writers and inspectors Permit writer s manual and producer s guide Example permit; detailed Qs & As; technical standards review Implementation of Manure Management Planner (MMP) coordinating with USDA 22

23 Key Grants MMP developed under grants to Purdue Univ. to aid with NMPs/ CNMPs Grant to Iowa Cattlemen s Association to monitor effectiveness of alternative technologies 23

24 R4 Implementation R4 continues to actively involve in the implementation of the CAFO program in the Region. R4 is outreaching with the state counterparts, industry partners, and all interested stakeholders more often in the form of phone calls, s, series of conference calls, and meetings at convenient locations as needed. R4 is providing implementation guidance to state counterparts in the form of rule guidelines, state program revision reviews, GP and IP development support and reviews. 24

25 Additional information For copies of the latest updates and outreach materials. 25