fact sheet #22 sheet 22.pdf · for non-commercial use, pro-vided they acknowledge mwps as the...

11111

Livestock and Poultry EnvironmentalStewardship (LPES) curriculum

Continued on next page

DisclaimerThis fact sheet reflects the bestprofessional judgment of thecontributing authors and isbased on information availableas of the publication date. Also,your state may have additional,more stringent requirementsthan EPA’s requirements. Con-tact your permitting authorityfor complete information onthe regulations that apply toyou.

Copyright © 2003.MidWest Plan Service.Iowa State University,Ames, Iowa 50011-3080.

Copyright PermissionFor copyright permission, callMidWest Plan Service (MWPS)at 515-294-4337. Organizationsmay reproduce this fact sheetfor non-commercial use, pro-vided they acknowledge MWPSas the copyright owner andinclude the following creditstatement:

Reprinted from Livestock andPoultry Environmental Steward-ship curriculum, fact sheetauthored by Christopher Henry,University of Nebraska-Lincoln,courtesy of MidWest PlanService, Iowa State University,Ames, Iowa, 50011-3080 andyour land-grant universities,Copyright © 2003.

CAFO Fact Sheet series

By Christopher Henry, University of Nebraska-Lincoln

Introduction

Large Concentrated Animal Feeding Operation (CAFO) owners/-operators are required to implement setbacks, buffers, or an alternativeconservation practice on all fields to which manure is applied. This factsheet provides the description of the federal rules and some guidanceon how the rule may be applied to land application sites. The setbackand buffer requirements apply to large CAFOs only. Most states areauthorized to implement the CAFO program and may have additional,more stringent requirements. Check with your state permitting authorityto determine the requirements that apply to your operation.

The Rule

Large CAFO owners/operators may not apply manure, litter, or processwater closer than 100 feet to any down gradient surface waters, open tileintake structures, sinkholes, agricultural wellheads, or other conduits tosurface waters. CAFO owners/operator may substitute the 100-foot set-back with a 35-foot-wide vegetative buffer where applications of manure,litter, or process water are prohibited. If CAFO owners/operators candemonstrate that a setback or buffer is not necessary because implemen-tation of alternative conservation practices or field-specific conditionswill provide pollutant reductions equivalent or better than the reductionsthat would be achieved by the 100-foot setback, then the setback require-ment can be waived.

EPA defines a vegetated buffer as a narrow, permanent strip of denseperennial vegetation established parallel to the contours of and perpen-dicular to the dominant slope of the field for the purposes of slowingwater runoff, enhancing water infiltration, and minimizing the risk ofany potential nutrients or pollutants from leaving the field and reachingsurface waters. Information about setbacks, buffers, or alternative con-servation practices for each land application site must be included in

Fact Sheet #22: Land Application Set-back and Buffer Requirements forNPDES Permitted Large CAFOs

July 2003July 2003July 2003July 2003July 2003

22222

Fact Sheet #22 (continued)Fact Sheet #22 (continued)Fact Sheet #22 (continued)Fact Sheet #22 (continued)Fact Sheet #22 (continued)


the nutrient management plan (NMP) and may also berequired in the permit application or notice of intent,depending on state-specific regulatory requirements.

Time Line for Compliance

The owner of a livestock or poultry operation definedas a CAFO has a “Duty to Apply” for a NationalPollutant Discharge Elimination System (NPDES)permit. The deadline for an NPDES permit applicationis as follows:

Type of Operation Permit ApplicationDeadline

Existing animal operation historically definedas a CAFO by EPA rules:

And operating with current 180 days priorNPDES permit. to expiration of

current permit

But operating without an ImmediatelyNPDES permit.

Existing animal operation NOT historicallydefined as a CAFO by EPA rules:

But now a CAFO. Deadline set bypermit authoritybut no later thanApril 13, 2006

Due to its original size but As soon as possible,now a CAFO due to expan- but no later than 90sion. days after expansion

Due to a past exemption April 12, 2006 or 90under the original CAFO days after expansion,rule (e.g., species exemp- whichever is latertion) but now a CAFOfollowing expansion.

Newly constructed CAFO:

Large enough to be a 180 days beforeCAFO beginning operation

For additional information on time line for com-pliance, see CAFO Fact Sheet #3: How Soon MustI Comply with NPDES CAFO Regulations?

Producer Checklist (select one of the

following):

____ I will not apply manure or effluent within 100feet of surface waters, open tile intake structures,sinkholes, agricultural wellheads, and other con-duits to surface waters for all fields that receivemanure.

OR____ I have permanent vegetated buffers a minimum

of 35 feet around open tile intakes, sinkholes,agricultural wellheads, and other conduits tosurface waters for all fields that receive manure.These vegetated buffers will not receive manureor effluent.

OR____ The state regulatory agency has approved

an alternative conservation practice, _________________________, that allows meto apply manure or effluent within ___ feetof open tile intakes, sinkholes, agriculturalwellheads, and other conduits to surfacewaters for all fields that receive manure.

Discussion

EPA believes that the nutrients entering surface waterswill be substantially reduced with the use of setbacks,buffers, or alternative conservation practices. How-ever, they require some additional management ofland application sites. For each site, CAFO owners/-operators must decide which of the three BMPs willbe implemented. However, some sites may not requireany setbacks or buffers.

Setbacks and buffers will reduce the amount of landavailable for manure application. Therefore, decidingwhich BMP to use may depend on the CAFO owner’s/operator’s willingness to remove land from productionin order to simplify land application activities. SomeCAFO owners/operators may choose to install vege-tative buffers rather than observe 100-foot setbacks.The field application of setbacks from streams and

33333



other surface water conduits may be made easier withthe use of Global Positioning Systems data collection,parallel guidance, or tracking systems.

A 100-foot setback from any point, such as a well ortile intake, results in an area of 0.72 acres that is notavailable for manure application but is still availablefor crop production. A 35-foot vegetated buffer arounda point, such as a well or tile intake, removes 0.09 acresof land available for manure application and also re-moves that area from crop production. For every 100linear feet of distance, 0.23 acres is removed from landapplication, while only 0.08 acres is removed if avegetative buffer is used.

Table 1. Area needed for setbacks and buffers

Acres Removed from ManureApplication

Every 100-FtEvery Point (well Along Stream oror tile intake) Conduit to Surface

Water

100-ft setback 0.72 0.23

35-ft buffer 0.09 0.08

Financial assistance may be available from the NaturalResource Conservation Service (NRCS) and some statenonpoint source programs for vegetative buffers. Infact, there has been increasing demand for the NRCSbuffer program in recent years. Some state regulatoryauthorities may consider existing buffer and streamcorridors a buffer. On a field-by-field basis, CAFOowners/operators should check what will be consider-ed an already established buffer and what will not.Some states may also consider grassland or an alfalfacrop as equivalent to a permanent buffer. For fields thatwere planted to perennial vegetation, some may allowmanure application to within 35 feet of conduits tosurface water.

Every field used for manure application will needto be included in the NMP, which will show theacres available for manure application. Some statesmay interpret manure injection or immediate incor-poration into the soil as an alternative conservationpractice that provides pollutant reductions equivalentto the 100-foot setback or 35-foot buffer. If theoperation can demonstrate on a field-by-field basisthat manure appliation will not impact surface waters,such as when application occurs down gradient ofsurface water, the permitting authority can waivethe setback or buffer requirement. As with all ofthe previous situations, what is acceptable is statespecific, so check with your state regulatoryauthority for details.

Application

To comply with the setback requirement, CAFOowners/operators will need to identify, on a top-ographical or aerial map, the setback or buffer-ed areas in each field that will be used for manureapplication. Setbacks are measured from the bank’sedge for a stream or from the channel’s edge forall other conduits. Farm Service Agency acreageswill not reflect actual acres available for manureapplication unless they have been updated from astream buffer planting.

Setbacks and buffers from tile intakes and agriculturalwells need only take a full circle when the applicationis down gradient of the intake or well. For example,consider terraces and tile intakes. Tile intakes arelocated in the channel of a terrace, and the distancebetween the top of the terrace and the channel is usual-ly the width of one equipment pass. Many times thisis less than 25 feet. For a 100-foot setback, therefore,only 25 feet would need to be observed between theriser and the top of the terrace because the other sideof the terrace does not drain to the riser. Anotheralternative may be to temporarily plug tile inlets orsubsurface drain outlets during manure application.Wellheads and sinkholes that are up gradient of manurerunoff would not require setbacks or buffers. Additional-

44444 July 2003July 2003July 2003July 2003July 2003


ly, wells located in the appliation area of a centerpivot, must also have either a setback or buffer applied.This could substantially impact the amount of landavailable for manure application, depending on thelocation of the well.

Figure 1 shows the application of both 100-foot set-backs and 35-foot buffers, assuming that all grasswaterways, stream corridors, and drainage ditchesare considered conduits to surface waters by thestate regulatory authority. Tile inlets and downgradient wells are explicitly mentioned in the rule;however, state regulatory authorities will determineconduits to surface waters. Thus, the figure reflectsa conservative assumption of what is a conduit towaters of the state and may not apply in your state.CAFO operators need to clarify what land featurestheir state regulatory authority considers conduitsto surface water.

Figure 1 and Table 2 show the application of setbacksand buffers from grass waterways, streams, tile or draininlets, and a well. At this land application site, there are

119 acres of tillable land. If setbacks are applied, only71 acres can be used for manure application and cropproduction; the remaining acres would receivecommercial fertilizer. However, if 35-foot buffers arepermanently planted around the conduits to surfacewater, then 101 acres would be available annually formanure application and crop production. In thisexample, another 30 acres would be available formanure application if buffers were used.

RemainingTillable Tillable Acres for Acres inAcres Acres Manure VegetativeBefore After Application Buffer

100-ftsetback 119 119 71 0

35-ftvegetative 119 101 101 17buffer

Some states may not consider grass waterways as aconduit to surface water. Established stream corridorsthat meet the definition of a vegetative buffer maybe considered adequate and not require setbacks.Other conduits to surface water not shown in Figure1 are road and drainage ditches, which would requiresetbacks or buffers.

Figure 2 shows a small ditch in a field. On a UnitedStates Geography Survey (USGS) topography map,it is considered an intermittent stream. Dependingon the climate conditions and regulatory authority,this ditch may be considered a conduit to surfacewater. Check with your local regulatory agencyabout what is considered a conduit to waters of theUnited States. •

Figure 1. Land application site showing 100-ft setbacks and35-ft buffers from surface water conduits

Table 2. Summary of setback and buffer areas for Figure 1

55555 July 2003July 2003July 2003July 2003July 2003


Definition of Terms

Alternative conservation practice–Alternative methodor field-specific condition that provides pollutant re-ductions equivalent or better than the reductions thatwould be achieved by the 100-foot setback.

Setback–Specified distance from surface waters orpotential conduits to surface waters where manure,litter, and process wastewater many not be landapplied. Examples of conduits to surface waters include but are not limited to open tile intakestructures, sinkholes, and agricultural wellheads.

Vegetated buffer–Narrow, permanent strip of denseperennial vegetation established parallel to the con-tours of and perpendicular to the dominant slope ofthe field for the purposes of slowing water runoff,enhancing water infiltration, and minimizing therisk of any potential nutrients or pollutants fromleaving the field and reaching surface waters.

Summary

Large CAFO owners/operators must choose to applya 100-foot setback, a 35-foot vegetative buffer, or analternative conservation practice standard for everyfield that receives manure. Deciding which BMPto use could have a dramatic impact on the landavailable for manure application. Each site shouldbe evaluated on an individual basis in concert withthe preparation and implementation of the NMP.Before making a decision about which BMP toimplement, check with your state regulatory agencyregarding any already approved alternative con-servation practices and what are considered con-duits to waters of the United States. Alternativeconservation practices available for CAFOs willbe state specific.

Author

Christopher Henry, an Extension Engineer at theUniversity of Nebraska-Lincoln, can be reachedat [email protected].

Reviewers

The author wishes to thank Gary Buttermore andAlan Rosenboom, Nebraska Department of Environ-mental Quality; and Claudia Elkins, Kansas Depart-ment of Health and Environment, for their reviewof this fact sheet.

Figure 2. Conduits to surface water may include intermittentstreams as defined by USGS maps

66666

MWPS (MidWest Plan Service),headquartered at Iowa StateUniversity, is the primary distributorof LPES curriculum materials. Toorder the materials online, access theirwebsite at <http://www.mwpshq.org>and visit the catalog section.

Discounts are offered on LPESmaterials purchased as package dealsor in bulk.

The LPES educationalmaterials were developed withsupport from the USDA-CSREES, the U.S. EPA’sNational Agriculture ComplianceAssistance Center, and theUniversity of Nebraska Coop-erative Extension at Lincoln,under Cooperative AgreementNumber 97-EXCA-3-0642.

EPA

For More InformationFor More InformationFor More InformationFor More InformationFor More Information

Environmental Regulations Related Resources

EPA CAFO Phone Line–202-564-0766

http://www.epa.gov/npdes/caforule/–To obtain copy of regulations

http://www.epa.gov/npdes/afo/statecontacts/–To obtain state environmental agency contacts

http://www.epa.gov/agriculture/animals.html/–To obtain compliance assistance information fromEPA

http://cfpub.epa.gov/npdes/contacts.cfm?program_id=7&type=REGION/–To obtain EPA RegionAnimal Feeding Operation contacts

Land-Grant University Resources

The local contact for your land-grant university Cooperative Extension program is listed in thephone book under “Cooperative Extension” or “(county name) County Cooperative Extension.”

http://www.reeusda.gov/1700/statepartners/usa.htm/–To obtain state Cooperative Extensioncontacts

http://www.lpes.org/–To view the Livestock and Poultry Environmental Stewardship (LPES)curriculum resources

USDA Farm Bill Resources

To obtain more information about the Farm Bill 2002, see the USDA-NRCS website athttp://www.nrcs.usda.gov/programs/farmbill/2002/. You can also contact your local USDAService Center, listed in the phone book under “U.S. Department of Agriculture,” or yourlocal conservation district.


fact sheet #22 sheet 22.pdf · for non-commercial use, pro-vided they acknowledge mwps as the...

Documents