Overview
On December 15, 2002, the U.S. Environmental Protection Agency (EPA) Administrator
signed the revised National Pollutant Discharge Elimination System (NPDES) and Effluent Limitation Guidelines (ELG) Rule affecting
concentrated animal feeding operations (CAFO). The revised Rule contains changes that will affect mostly large livestock and
poultry operations nationwide. The Rule now requires CAFO operators to develop and implement a nutrient management plan as
a permit requirement. The EPA recognizes that U. S. Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) defined comprehensive nutrient management plans (CNMP) satisfy EPA nutrient
management plan requirements. Technical and financial assistance is available to USDA
conservation program participants from the NRCS to help them plan and implement CNMPs
for CAFOs.
EPA’s CAFO Rule
Major changes made by EPA in its revised CAFO Rule include:
- All large CAFOs must apply for an NPDES permit, or demonstrate that they have no potential
to discharge into waters of the United States.
- Large poultry operations using dry waste management systems are now covered by the CAFO
Rule.
- New source poultry, swine, and veal operations, as defined by EPA in the Rule, must meet
a “no discharge” standard. This standard only allows for discharge from the production area in the event of a
100-year, 24-hour storm or greater.
CAFOs covered by a NPDES permit are required
to develop and implement a site-specific nutrient management plan.
EPA estimates that approximately 15,500 livestock
and poultry operations will be required to obtain NPDES permits under the revised rule or demonstrate that they have no potential
to discharge. This estimate includes 11,000 large operations, and 4,500 medium-size operations that meet certain conditions
as defined by EPA in the Rule.
Financial and Technical Assistance
The 2002 Farm Bill offers several voluntary conservation programs that can be
used by livestock and poultry producers to help them comply with the revised CAFO Rule. NRCS provides technical
assistance to CAFO operators through conservation planning, design, and implementation. Producers also may obtain assistance
from Technical Service Providers (TSP).
TSPs are individuals, entities, or public agencies certified by the NRCS and
placed on a list of approved TSPs by State. Technical Service Providers may provide technical services to program participants
directly or through NRCS. Only those TSPs who are certified for specific categories of technical services and are included
on the approved list may receive payments for technical services provided. Visit the NRCS “TechReg” website, http://techreg.usda.gov/, for information on certification and to locate certified TSPs working in your State. CAFO operators should contact
their local NRCS office for more information.
Financial assistance to implement practices and systems is available through:
- Environmental Quality Incentives Program (EQIP): Provides up to 75 percent (up to 90 percent
for beginning or limited resource farmers or ranchers) in cost share funds to assist producers in implementing conservation
systems and addressing regulatory requirements. EQIP funds can be used to develop CNMPs, which are expected to satisfy the
CAFO Rule’s nutrient management plan requirement. At least 60 percent of EQIP financial assistance funds are required
by statute to be used on a nationwide basis for livestock and poultry operations, both confined and grazing.
- Agricultural Management Assistance Program (AMA): Provides cost-share funds to assist producers in implementing
conservation systems and addressing regulatory requirements. Program funds may be used by CAFO operators to develop and implement
a CNMP. AMA funding is limited to producers in the following 15 States: Connecticut, Delaware, Maine, Maryland, Massachusetts,
Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming.
- Additional Farm Bill Programs: Other conservation programs may support CAFO operators in their efforts to
implement a well-rounded conservation plan. These programs include:
- Conservation Reserve Program
- Conservation Reserve Enhancement Program
- Wetlands Reserve Program
- Wildlife Habitat Incentives Program
- There may be State and local cost share programs available to support CAFO operators.
