Definition of CAFOs [25 Pa.Code Sec. 92.1]
The following is a brief summary of points we encourage you to make in comments on the proposed CAFO [concentrated animal feeding operation] regulations and the proposed revisions to the Nutrient Management Regulations.Revised Definition of CAFOs is neededProposed definition The federal regulations require large livestock operations to obtain a Clean Water Act discharge (NPDES) permit and to maintain the operation according to the permit In the revisions to Section 92.1, Pennsylvania proposes to satisfy the federal rules by requiring permits from livestock operations with 1,000 Animal Units (1 AU = 1,000 lb. live animal weight), or those with 301-1,000 AUs with a concentration greater than two AUs for each acre available for spreading manure. Proposed DefinitionThe proposed definition would exclude from the definition of CAFOs those medium-sized operations that are below the threshold level of density of animals, but are nevertheless causing unpermitted discharges of manure pollution to surface waters. This would include operations with livestock in streams where they may deposit manure directly, stormwater flowing from manure management facilities, and other sources of stream degradation. Absurdly, DEP is proposing that only those medium operations that are already subject to permit requirements, due to the fact that they are required to have a nutrient management plan, would need to get a CAFO permit. It appears that an operation with a discharge could simply fail to obtain a permit. Excluding the other discharging operations from CAFO permitting requirements ignores the fact that they are a significant contributor to the nutrient loads to the Commonwealth’s waters. It is also inconsistent with the federal requirements. We Propose:Tell the Environmental Quality Board that medium-sized CAFOs that are causing “discharges” must be included in the Section 92.1 definition of CAFOs. DEP Special ProvisionsDEP is also proposing to carve out special provisions for livestock operations that install manure management technology that produces energy. Where the manure digester or other technology involves a discharge of treated wastewater to surface waters, DEP proposes to treat the facility as subject to the less stringent CAFO permitting requirements, and not to require an NPDES industrial waste permit. We Propose:Tell the Environmental Quality Board that the proposal, in Sections 92.1 and 91.36, to exempt from NPDES permitting the discharges of industrial wastewater from manure processing facilities at industrialized agricultural operations is totally unacceptable. These discharges should be subject to the full water quality protection requirements under the Clean Water Act. Sources of PollutionAlthough the DEP’s proposed definition leaves out some of the most significant sources of manure pollution, it is stronger than the federal definition in another way. EPA’s guidelines only require permits from farms with individual species of livestock numbering over a threshold, such as 700 dairy cows or 2,500 hogs. A farm with a combination of 690 dairy cows and 2,200 hogs would be exempt under the EPA guideline. However, Pennsylvania’s proposed regulation would combine different species in the Animal Unit calculation, so that the many operations with multiple species in Pennsylvania would be covered under the CAFO requirements. We Propose:Tell the Environmental Quality Board that the DEP is right to include these mixed animal operations in the Section 91.1 and 92.1 definitions, and in the program. Inclusions We SupportUnder Section 92.5a(b), large poultry operations that manage dry manure would be required to apply for CAFO permits. And under the proposed revisions to Section 92.1, large-scale horse operations would be included. Tell the Environmental Quality Board that you support the inclusion of dry manure-based poultry operations and large-scale horse operations as CAFOs under Sections 92.5a and 92.1. Click here to return to Where to send
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