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Water Quality and Animal Feeding Operations in Arizona: A Producer's Notebook Frequently Asked Questions General Information about Water Quality and CAFOs:
Information to help operators determine if they should submit an noi for an arizona npdes general cafo permit:
Information to help operators comply with the arizona npdes general cafo permit once they have submitted an noi:
General Information about Water Quality and CAFOs: Q: What is the difference between waters of the state and waters of the US? A: Waters of the US is defined in section 502 (7) of the Clean Water Act (CWA). For all practical purposes, a water of the US, or a navigable water, means a surface water in Arizona. A surface water is defined in A.A.C. R18– 11-101 to which a surface water quality standard applies. However, a water of the state is defined in A.R.S. § 49-201.40 to mean all waters in Arizona or bordering Arizona, including streams, lakes, ponds, reservoirs, marshes, wells, aquifers, springs, irrigation systems, drainage systems, etc. In general a water of the state is more encompassing because it includes groundwater. Q: What is the difference between ADEQ’s BMPs and EPA’s BMPs? A: ADEQ’s Best Management Practices (BMPs) are required under the Arizona general permit for nitrogen fertilizer application and the Arizona National Pollutant Discharge Elimination System (NPDES) General permit for CAFOs. The Arizona general permits are enforceable under Arizona Administrative Code. The Arizona general permit for nitrogen fertilizers includes BMPs that address nitrogen fertilizer usage, including manure and commercial fertilizers. The nitrogen fertilizer BMPs are listed on page 3-2 (A.A.C. R18-9-402) of this notebook and include timing, amount, and method of nitrogen applications, management of irrigation water, and tillage practices. The BMPs included in the Arizona General permit for CAFOs are also listed on page 3-2 (A.A.C. R18-9-403) of this notebook. They address solid and liquid manure management. More specifically, the CAFO BMPs regulate the harvest, stockpiling, and disposal of manure, along with the containment of wastewater and proper closure of facilities. EPA’s BMPs are enforceable through the NPDES general permit. The NPDES general permit is issued under the federal Clean Water Act. The BMPs in the NPDES general permit address the potential to discharge to surface waters. However, the BMPs do not address manure field applications. Those are addressed by the Nutrient Management Plan (NMP). Furthermore, EPA’s BMPs do not directly address groundwater unless there is a direct hydrologic connection to surface waters. Q: Will there be regular inspections of my property by ADEQ or EPA? A: Both ADEQ and EPA have the authority to inspect any livestock facility on non-tribal, Arizona lands. ADEQ can inspect for compliance with state rules (see pages 3-2 through 3-4) and EPA can inspect for compliance with federal regulations and the NPDES permit (see pages 2-5 through the end of that section). In the near future, ADEQ is expected to receive primacy (authority) to enforce federal regulations, and therefore ADEQ inspectors would be enforcing both state and federal rules and permits. In the meantime, ADEQ refers to EPA any possible federal violations observed during ADEQ inspections. Currently, ADEQ is inspecting operations with more than 300 animal units, however they have the authority to inspect facilities with any number of animals. In the future, inspections may be limited to CAFOs. ADEQ also responds to complaints. For more information on state inspections see pages 3-5 through 3-8 and for information on federal inspections, see 2-5 through 2-7. Q: What are the National Effluent Limitation Guidelines? A: National Effluent Limitation Guidelines are technology-based effluent limitations that establish a minimum standard of performance for certain categories and classes of point sources. These standards are imposed on facilities through NPDES permits. The effluent limitation guideline for feedlots appear at 40 CFR part 412. These guidelines establish a standard of "zero discharge" to the waters of the U.S. for feedlots to which the guidelines apply. In addition, the Feedlot Guidelines allow for the discharge of an overflow from a facility that is properly constructed and maintained to contain all the process wastewater plus the rainfall from a 25-year, 24-hour storm event. For facilities not covered by the Feedlot Effluent Guidelines, requirements are developed on a case-by-case basis using the permit writer's Best Professional Judgement. For further discussion of National Effluent Limitation Guidelines, see http://es.epa.gov/oeca/strategy.html or 40 CFR part 412. Q: Are Comprehensive Nutrient Management Plans (CNMPs) part of the Arizona NPDES General Permit for CAFOs? A: EPA was going to use CNMPs for the requirements of the Arizona NPDES General permit for CAFOs, however, federal Best Management Practices (BMPs) and Nutrient Management Plans (NMPs) will be used instead. USDA—NRCS continues to use CNMP to describe its conservation planning policy on AFOs. Q: What do I need to do to comply with state and federal rules if I do not submit an NOI to be covered by the Arizona General NPDES permit? A: Operators are strongly encouraged to request assistance from one of the agencies listed in the Financial and Technical Assistance section of the notebook. In addition, a producer should make sure that the following are true statements: "My containment structure(s) can hold all process generated waste waters resulting from the operation of the CAFO plus all contaminated runoff from a 25-year, 24-hour storm event." This statement will address both state and federal regulations. "My containment structure(s) is lined so that seepage is minimized." This statement will address state regulations. "I apply solid and liquid waste in amounts required by crops less the amount already in the soil. In addition, I apply waste during maximum crop uptake periods. Finally, runoff from my land application fields will not cause or contribute to an exceedance of surface water quality standards in a water of the US." These address both state and federal regulations. Essentially, the regulations require that no water that has come into contact with solid or liquid waste can leave your containment system or fields. That means that contaminated water cannot seep (underground) or flow (above ground) out of its containment system. Q: Why is EPA targeting CAFOs? A: The CWA requires that CAFOs be regulated. Based on several studies throughout the nation and Arizona, livestock manure is considered to be a significant pollutant of the nation’s waters. For citations, please see EPA’s fact sheet for Arizona, found at http://www.epa.gov/Region9/cross_pr/animalwaste/arizona.html See also page 2-1. Q: Are the federal regulations new? A: These regulations have been in place since 1972 when the Clean Water Act was passed. However, the Arizona NPDES general permit for CAFOs is new. Q: If tailwater exits my property via the tailwater ditch and enters waters of the US or state, is that a violation of state and/or federal laws? A: EPA recognizes NRCS Environmental Standards for Nutrient Management (code 590) as the technical guidance in addressing this question. Code 590 has the goal of protecting our nation's water. EPA is interpreting that to mean meeting water quality standards. Therefore, as long as water quality standards are not being exceeded and NMPs are followed, there is no violation. ADEQ: Land application of manure is not prohibited under state laws and rules (with or without an NMP) so long as the BMPs prescribed in the rules are followed. Any potential prohibition is associated with the requirements of the Arizona NPDES general CAFO permit. Pending further clarification by State’s legal authority, ADEQ concurs with EPA’s position at this time.
Information to help operators determine if they should submit an noi for an arizona npdes general cafo permit: Q: Is the Arizona NPDES general permit required? A: At this time, there is no duty to apply. There are currently proposed regulations that could be enacted as early as 2003 that may include a duty to apply. Q: How do I apply for the NPDES general permit? A: An owner must submit a Notice on Intent (NOI) to be Covered by General Permit No. AZG800000 for Concentrated Animal Feeding Operations (NOI) as described in Part III. Application for Coverage, A. Notice of Intent. The NOI is sent to the EPA with a copy being sent to ADEQ. As long as the operator meets the terms and conditions of the permit, the permit will be in effect on that operation. The terms and conditions refer to the BMPs, NMPs, and all record keeping requirements.
Q: The Arizona NPDES general permit for CAFOs gives a 180-day deadline to submit an NOI for coverage by the permit for operations which are already designated as CAFOs when the permit is released. If I fail to meet the deadline, can I still submit an NOI? A: Although the public notice draft permit does not address the issue of the acceptability of late NOIs, EPA may handle the question similar to how it is handled with the multi-sector industrial storm water NPDES permit. There’s a provision that states: "You are not prohibited from submitting an NOI after the dates provided. If a late NOI is submitted, your authorization is only for discharges that occur after permit coverage is granted [in the case of the CAFO permit, we would say after commencement of authorization, since we don’t specifically have to grant coverage] The Agency reserves the right to take appropriate enforcement actions for any unpermitted discharges." All other deadlines in the permit, i.e. the requirements to develop a BMP Plan within a year and an NMP within 2 years of permit issuance remain in effect. So, if a CAFO submitted a late NOI more than one year after the permit goes into effect, they should also have their BMP plan developed and implemented by then. Q: When are public notices required? A: Public notices are not required for either the Arizona NPDES general or individual permits for CAFOs at this time. However, CAFOs built after the effective date of the permit (tentatively August 27, 2001) or operations that expand to become CAFOs after the effective date, will need to submit an Environmental Impact Document (EID) as prescribed by Appendix C of the permit. The EID is publicly accessible. In addition, future NPDES permits for CAFOs may require public notices. Q: What is the effective date of the permit? A: The effective date of the Arizona NPDES general permit for CAFOs is set for August 27, 2001. BMPs are required by one year after the effective date (August 27, 2002) and NMPs are required two years after the effective date (August 27, 2003). However, this is not a grace period to allow operators to comply with the terms of the permit in the future. No discharges, other than those allowed under the terms of the permit, are allowed once an operator has submitted an NOI. Q: If I follow all of the requirements of the Arizona NPDES General CAFO permit and a discharge occurs, am I exempt from receiving any type of citation (both federal and state)? A: According to EPA, the phrase "acts of God" has been included in the permit. If a permittee has shown good faith efforts to keep all wastes and waste water contained, then s/he will not be subject to federal enforcement action. ADEQ: State’s water pollution control laws and rules deal with protection of aquifers and surface waters in Arizona. The rules pertaining to State’s aquifer protection may not be violated due to a discharge should all BMPs prescribed in the State’s agricultural general permits (APP) rules (A.A.C. R18-9-402 and 403, page 3-2) and federal NPDES general permits are followed. However, any discharge that causes a violation of any surface (or aquifer) water quality standard is subject to an enforcement action by ADEQ. Given this information, ADEQ has taken and will continue to take into account the circumstances surrounding the event before taking an action.
Information to help operators comply with the arizona npdes general cafo permit once they have submitted an noi: Q: What will be the manure and wastewater testing requirements and how often will they need to be tested? A: According to the Arizona General NPDES permit No. AZG800000, "waste, process waste water, and soil sampling shall be conducted in accordance with the most current version of NRCS Conservation Practice Standard—Arizona Nutrient Management, Code 590." This standard is located in the Nutrient Management section of this notebook. Q: EPA is preparing a sampling guidance. Will I be required to follow that when collecting samples of soils and manure or the NRCS Arizona Conservation Practice Standard for Nutrient Management (code 590)? A: NRCS Arizona Conservation Practice Standard for Nutrient Management (code 590) will be the requirement. Q: Who do I contact if I have a discharge of wastes? A: The Arizona NPDES general permit requires verbal notification of a discharge to EPA within 24 hours at (415) 744-1905 and written notification within 5 days. In the permit, Part V. A. describes the procedure for written notification. There is no requirement by ADEQ to report discharges at this time. However, once Arizona receives primacy for the permit (tentatively in July 2002), ADEQ will require notification. In the meantime, ADEQ suggests that you contact them if a discharge occurs at (602) 207-4616 or (800) 234-5677 x 4620. Q: What do I do if I have a discharge of wastes? A: In case of a discharge, the producer should be familiar with Part V. of the Arizona NPDES general permit. In addition, the Reporting Worksheet: Discharges in the logbook section of this notebook, outlines what is required in the event of a discharge. Once a discharge occurs, the producer should immediately attempt to stop any further discharge, if possible. Within 30 minutes of the beginning of the discharge, the producer should take a sample of the wastes discharged, if it is safe to do so (please see part V. B., V. C., and V. D. of the Arizona NPDES general permit). Following this, the producer should then contact the U.S. EPA (see previous question and part V. A. of the Arizona NPDES general permit) to inform them that a discharge has occurred. Q: If a toxic pollutant or hazardous substance escapes its container or is otherwise not contained, but stays on-site, does it constitute a spill (discharge) and require reporting? A: According to EPA, discharge means that the wastes or harmful substance has reached a water body of the United States. ADEQ: If the spill has hydrologic connection to surface water (on or off property), then it is considered a discharge. Q: The permit says, "The disposal of any hazardous substances or toxic pollutants other than discharges associated with proper operation and maintenance of the CAFO into wastewater control or retention structures is prohibited". Is proper operation and maintenance more clearly defined by EPA? (Arizona NPDES General CAFO permit, Part IV. B. 2. g.) Does that mean that soaps and detergents that I use in the milking parlor are permitted in the retention structures? A: EPA comment: "…the discharge of chemicals such as pesticides or fertilizers into waste water control or retention structures, where that discharge is associated with the proper operation and maintenance of the CAFO, is not prohibited by the provision." This provision is subjective. If the producer is using hazardous substances or toxic pollutants in accordance with label requirements or suggestions for use, then that should qualify as proper operation and maintenance. The waste water control or retention structure is not to be used as a disposal receptacle where unwanted hazardous substances or toxic pollutants are placed. Use label suggestions when disposing of hazardous substances or toxic pollutants. Q: Am I required to train my employees? (Arizona NPDES General CAFO permit, Part IV. B. 1. c. xii.) If so, what type of training? A: There is no requirement for employee training. However, EPA suggests that when delegating responsibility for developing, implementing, monitoring, and revising the BMP plan, operators should consider any training that might be useful to ensure that those tasks are completed properly. If employees receive training for those tasks, the training should be listed. Q: If a manure hauler picks up the manure, am I required to give the information on nutrient content and AZ nitrogen fertilizers to the hauler, applier, or farmer? A: The CAFO owner’s obligation is met by giving the information to the recipient (hauler). Q: If I decide to close my facility permanently, are there any requirements that I must follow? A: Yes, the Arizona NPDES general permit for CAFO’s requires all wastewater control or retention structures to be closed in accordance with NRCS Conservation Practice Code 360—Closure of Waste Impoundments. (See http://www.nrcs.usda.gov/technical/efotg/index.html for more information.) Q: Other than the lists in the Code of Federal Regulations (CFR), is there an umbrella of what hazardous substances or toxic pollutants are required to be listed? (i.e. all pesticides, fertilizers, soaps, detergents, medicines…) or a list by commonly used names? Does that include common chemicals that are found in my home? A. Most chemicals will be either a hazardous substance or toxic pollutant. Permittees will be required to keep a list of these. The EPA’s lists do not contain common names. Chemicals that are used in the home but not used on normal operation and maintenance of a dairy do not need to be listed. Q: Am I required to report clean-up methods for discharges of pollutants? A. The owner is required to take appropriate measures to prevent and cleanup spills of any pollutants and to report spills. EPA requires reporting of any spill or discharge in order to coordinate any clean up efforts necessary. EPA’s written response: "The requirement is designed to require the CAFO operator to respond directly to an inadvertent discharge of a pollutant, especially a hazardous substance or toxic pollutant, so as to reduce, eliminate and prevent recurrence of the incident by whatever means are practicable, and to promptly report the occurrence to EPA and the State or Tribal authority. The condition enables EPA and the State or Tribal authority to coordinate and respond to the incident appropriately with, for example, notification of affected parties and with any other measures deemed necessary, such as providing further instructions or recommendations to the CAFO operator on mitigating adverse effects." Page updated 7/02 |
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