Summary of the Proposed CAFO Rules
By Angela Rieck-Hinz, Department of Agronomy, Iowa State University


The goal of this summary is not to bring forth every point in the rules package, but to highlight some rules that may have the greatest impact on livestock producers in Iowa. At the end of this article you will find a link to the proposed rules, a list of the public hearing locations and dates and links to additional resources. This summary is written in regards to the Notice of Intended Action - Amendments to Chapters 60, 63, 64 and 65 - CAFO Regulations. The purpose of this rulemaking package is to conform Iowa’s regulations to the Environmental Protection Agency’s rules for Concentrated Animal Feeding Operations. This proposed rule will affect both open feedlots and confinement feeding operations in Iowa.

Designation of a Concentrated Animal Feeding Operation or CAFO. A concentrated animal feeding operation means an AFO (animal feeding operation) that is defined as a Large CAFO, a Medium CAFO or a designated CAFO. NOTE: In Iowa the term CAFO has traditionally referred to Confinement Animal Feeding Operation. The term CAFO will now apply Concentrated Animal Feeding Operations and is not just limited to confinement operations.

LARGE CAFO: Large CAFOs are defined as stabling or confining as many as or more than the numbers of animals specified in the following categories:

700 mature dairy cows, whether milked or dry;
1,000 cattle, including but not limited to heifers, steers, bulls, veal calves and cow/calf pairs;
2,500 swine each weighing 55 pounds or more;
10,000 swine each weighing less than 55 pounds;
500 horses;
10,000 sheep or lambs;
55,000 turkeys;
30,000 laying hens or broilers if the animal feeding operation uses a liquid manure handling system;
125,000 chickens (other than laying hens) if the animal feeding operation uses other than a liquid manure handling system;
82,000 laying hens if the animal feeding operation uses other than a liquid manure handling system;
1,000 animal units, where more than one category of animals is maintained using the same type of operation (confinement or open)

MEDIUM CAFO: Defined as the number of animals that fall into the categories below or an animal feeding operation that has been defined or designated a CAFO:

200 to 699 mature dairy cows, whether milked or dry;
300 to999 cattle, including but not limited to heifers, steers, bulls, veal calves and cow/calf pairs;
750 to2,499 swine each weighing 55 pounds or more;
3,000 to 9,999 swine each weighing less than 55 pounds;
150 to 499 horses;
3,000 to 9,999 sheep or lambs
16,500 to 54,999 turkeys
9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system;
37,500 to 124,999 chickens (other than laying hens) if the AFO uses other than a liquid manure handling system;
25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system;
300 to 999 animal units, where more than one category of animals is maintained using the same type of operation (confinement or open); and

Either of the following conditions are met:

Manure or process wastewater is discharged into waters of the state through a man-made manure drainage system; or

Manure or process wastewater is discharged directly into a water of the state which traverses the operation

Designated CAFO: An animal feeding operation that has been designated a CAFO. The department may evaluate any animal feeding operation that is not defined as a LARGE or MEDIUM CAFO, and designate it as a CAFO if after an on-site inspection it is determined to be, or may reasonably be expected to be, a significant contributor or manure or process wastewater to waters of the state. For a description of rules to make this determination see the rule-making package.

Distance to other feeding operations or the definition of “Adjacent” means for the purpose of determining whether a NPDES permit is required, that two or more animal feeding operations are adjacent if they are separated at their closest points, including any solids settling facility, by less than 1,250 feet. NOTE: This new definition is applicable to both open lots and confinement facilities and operations will not be grandfathered in under this term. This term is important when determining if two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation.

NPDES Permit: A National Pollutant Discharge Elimination System permit is a permit written to authorize and regulate the operation of a CAFO.

Combining Animals to Determine CAFO Status. The federal law promulgated by EPA limits a CAFO determination by species only. However, Iowa law maintains that the numbers for animal units need to be combined by species and then by housing type for the CAFO determination. Because this rule may pull smaller systems such as 50 sows in an open lot into compliance if they are associated with a larger swine confinement, DNR specifically solicits comments on this issue in terms of how many operations may be affected and the possible financial impact on these operations. The proposed rules also state in the case of multiple species, that the type of housing be the same for both species in order to combine numbers. So first you determine animal units by adding species. Example 1. Confined swine + open lot swine or confined beef + open lot beef. Second you look at housing, Example 2 confined swine+ confined beef or open lot beef + open lot swine.

Manure and Nutrient Management Plans. The proposed rule states that current manure management plans for confinement operations over 500 animal units will suffice as the nutrient management plan required in a NPDES permit, however, in addition to the manure management plan these confinement operations with existing manure management plans and designated as CAFOs (over 1,000 a.u.) will also need to:1) ensure adequate storage of manure and process wastewater; 2) ensure proper management of mortalities; 3) ensure clean water is diverted; 4) prevent direct contact of confined animals with waters of the state; 5) ensure chemicals and other contaminants handled on site are not disposed of in any manure, process wastewater or storm water storage unless without treatment; 6) include nutrient content of process wastewater that is land-applied.

Open lots designated as CAFOs will be required to develop a nutrient management plan as part of the NPDES permit, but will not be required to submit a manure management plan to DNR, or to pay fees associated with current manure management plans.

Permits: Open lots will be required to file for individual NPDES permits. It is the intent of DNR to have confinement operations file for a general permit. Permits may be issued for any period of time not to exceed five years. Applications for renewal of a permit must be submitted to DNR at least 180 days prior to the expiration date of the permit. All operations must come into compliance by December 31, 2006.

Public Comments: Comments regarding this set of proposed rules are due to DNR by November 5, 2004. Comments should be sent to Gene Tinker, IDNR, 900 East Grand, Des Moines, IA 50319-0034, or fax (515) 281-8895 or email: gene.tinker@dnr.state.ia.us

Public Hearing Dates and Locations: A list of public hearing dates and locations can be found at: http://www.state.ia.us/epd/wastewtr/feedlot/files/04nov_pm.pdf
Please note, at the time this material was prepared the public hearing for the LeMars site had been changed. The new LeMars public hearing site is located at: City Convention Center, Upper Level Boardroom, 301 12th St. SE, LeMars. The date and time remain the same, November 2 at 6:30 p.m.

Link to the Proposed Rule: A copy of the proposed rules can be found on the DNR web site at: http://www.iowadnr.com/epc/04sep/5.pdf

Additional Resources: A copy of a summary of the rules as prepared by the Iowa Pork Producers Association can be found at: http://www.iowapork.org/download/AFO-CAFO_SUMMARY.doc

A link to the press release sent by DNR regarding the rules and public hearing dates: http://www.iowadnr.com/news/eco/04oct14eco.pdf

Managing Manure Nutrients at Concentrated Animal Feeding Operations (August 2004) can be found at: http://www.epa.gov/guide/cafo/

Producer’s Compliance Guide for CAFOs (November 2003) can be found at: http://cfpub.epa.gov/npdes/afo/compliance.cfm#copy

Copyright © 1997-2004, Iowa State University. All rights reserved.

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