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UPDATE: CAFO Permit Program following EPA 2008 Final RuleNovember 2008, EPA issued its final rule for Concentrated Animal Feeding Operations, or CAFOs. This rule updates the 2003 rule for permitting, nutrient management plan and voluntary self-certification requirements based on the “Waterkeeper” 2nd Circuit Court decision. The CAFO NPDES and State Waste General Permit remains in effect as currently issued by Washington State Department of Ecology. If a facility discharges or proposes to discharge to waters of the state, they have a duty to apply for coverage under the CAFO General Permit. There are no changes from current regulatory requirements for dairy and other livestock operations in Washington; this includes the voluntary self-certification portion of the CAFO Rule. Ecology has not adopted voluntary self-certification as part of the CAFO regulatory program at this time. Ecology will consider changes to the permit and program based on the 2008 CAFO Rule when the permit is re-written. The PermitDoes My Operation Need CAFO Permit Coverage? Please answer the following two questions:For 45 days or more in a 12-month period, does your operation confine and feed animals in an area that does not contain sustained crops, vegetation, forage grown or post-harvest residues during the normal growing season? Do you discharge or propose to discharge to waters of the state either directly or through any man made conveyance? If you answered yes to both of these questions, your facility may require a permit. General Permit InformationIn 2003, the federal Environmental Protection Agency (EPA) revised the Clean Water Act to regulate Concentrated Animal Feeding Operations (CAFOs). Under these new rules, CAFOs that discharge or propose to discharge to waters of the state are point source polluters and regulated by the National Pollution Discharge Elimination System (NPDES) permit program. Incorporating the federal CAFO rules, the Second Circuit Court “Waterkeeper” decision, and two public comment periods, Department of Ecology (Ecology) issued the Concentrated Animal Feeding Operation (CAFO) National Pollution Discharge Elimination System and State Waste Discharge General Permit June 21, 2006. This permit became effective July 7, 2006 and expires July 21, 2011. The CAFO General Permit is part of a split livestock program covered by a Memorandum of Agreement (MOA) overseen by both Ecology and Department of Agriculture (Agriculture). Ecology is responsible for administering the permit, while Agriculture provides inspection and technical assistance to CAFO permitted facilities and to dairies covered under the Dairy Nutrient Management Act (RCW 90.64). Nutrient management plans (NMPs) play a central role in CAFO permits. CAFO facilities that apply for permit coverage are required to submit an NMP that conforms to United States Department of Agriculture Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG) or equivalent best management practices (BMPS) to Ecology for review and acceptance at the time they submit their application. When the NMP is accepted and permit coverage issued, the terms of the NMP become the terms of the CAFO Permit that the permittee must meet. If your facility meets the definition of a CAFO, and discharges or proposes to discharge to Waters of the state, you have a duty to apply for the CAFO General Permit. CAFOs that do not have a duty to apply for permit coverage due to discharge may voluntarily choose to apply for permit coverage. Other Permit Documents
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