Background 

Agricultural producers, especially those with Animal Feeding Operations (AFO’s) and Concentrated Animal Feeding Operations (CAFO’s) need information, training, and assistance in identifying possible pollution sources and implementing practices to protect Utah's Water.

Nearly 40% of the nation's waterways that have been assessed do not meet quality criteria for culinary or recreational use.  In response to this, the Environmental Protections Agency (EPA) and The United States Department of Agriculture (USDA) completed a National Strategy for animal feeding operations in 1999, which addresses water quality.  The EPA included a provision that allows individual states to develop their own plan for implementing the Strategy.  The EPA/USDA Utah Strategy helps producers determine their status, and helps potential CAFOs develop Comprehensive Nutrient Management Plans (CNMP’s) which help implement practices to eliminate polluted runoff. CNMPs are required for CAFOs and are recommended for smaller AFOs.

Am I an AFO/CAFO?
Answer the following questions to determine whether your operation is an AFO or a CAFO.

1. Is your operation an AFO?        The term "animal feeding operation" (AFO) is defined in the Code of Federal Regulations 40 CFR 122.23 (b)(1) as a lot or facility where animals "have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility."

YES  - please go to question 2 to determine if you are a CAFO.
NO - your operation is not an AFO, and therefore it cannot be a CAFO.

2. Do you have 1000 Animal Units or more?

 YES -  you are a CAFO.
 Refer to contacts about permitting requirements and for additional assistance.

NO - please answer questions 3 and 4.

3. Do you have areas on your facility where animal manure or wastewater can discharge or travel by pipe or ditch to navigable waters?

OR

4. Do you have a waterway that moves through or next to your facility that comes in contact with animals or manure?

YES - You could be a CAFO. 

See ways to voluntarily reduce pollution and possibly avoid being designated as a CAFO. 

 If you are a CAFO, you need to develop a CNMP.

National Strategy

The USDA and the EPA issued the Unified National Strategy for Animal Feeding Operations to protect and minimize the effects of agriculture on water quality and public health while maintaining long term sustainable agriculture.  By understanding and executing the National Strategy, a healthy relationship between water quality and agriculture can be established. 

Unified National Strategy for Animal Feeding Operations

Utah's Strategy

The goal of the program is to minimize water quality impacts by identifying operations at greatest risk for pollution, and providing financial and technical assistance to owners, while assisting them in meeting water quality goals.

Key Components of the Utah AFO/CAFO Strategy

•  Voluntary inventory and self-assesment program - Comprehensive Nutrient Management Planning
• Voluntary CNMP development encouraged - no UPDES permit is required if voluntary action is taken
• Technical assistance provided

Comprehensive nutrient management plans are required for Concentrated Animal Feeding Operations ( CAFOs ), and are recommended for smaller Animal Feeding Operations ( AFOs ).

Utah's AFO/CAFO Strategy

Animal Feeding Operations....A Utah Strategy

Definitions

Animal Feeding Operations:
The term "animal feeding operation" (AFO) is defined in the Code of Federal Regulations 40 CFR 122.23 (b)(1) as a lot or facility where animals "have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility."
(http://ag.utah.gov/conservation/afo_strategy.pdf)

Concentrated Animal Feeding Operation:
An AFO is a "concentrated animal feeding operation" (CAFO) if it meets the regulatory definition of CAFO or if it is designated as a CAFO. A CAFO is defined in 40 CFR 122.23 appendix B as "an animal feeding operation where more than 1,000 'animal units' (as defined by the regulation) are confined at the facility; or more than 300 animal units are confined at the facility and either one of the following conditions are met: pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device; or pollutants are discharged directly into waters of the United States which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation." 

In addition, the NPDES permit issuing agency may, after conducting an on-site inspection, designate an animal feeding operation of any size as a CAFO based on a finding that the facility "is a significant contributor of pollution to waters of the United States." A facility with 300 animal units or less, however, may not be designated as a CAFO under this authority unless pollutants are discharged from a man-made conveyance or are discharged directly into waters passing over, across or through the facility or that otherwise come into direct contact with the confined animals [40 CFR 122.23 (2)].

The regulations also provide that no animal feeding operation is a CAFO under the regulatory definition if it discharges only in the event of a 25-year, 24-Hour or larger storm event.
(http://ag.utah.gov/conservation/afo_strategy.pdf)

Revised Definition of a CAFO
The EPA has recently revised its rules about animal feeding operations and clarified its definition of a Concentration Animal Feeding Operation.   A CAFO is required to have a discharge permit (NPDES permit). Operations that meet the AFO definition and are above 1,000 animal units are automatically considered CAFOs, and need a permit. Smaller operations, however, can be designated a CAFO, and may be required to get a permit unless they can eliminate the runoff of pollutants from their operations into Utah's waters. 

A concentrated animal feeding operation (CAFO) is defined as any facility with more than 1000 animal units (see Animal Units Table Below) confined on site, or an AFO of any size that discharges pollutants (e.g. manure, wastewater) into any ditch, stream, or other water conveyance system, whether man-made or natural. Consider these key points:

• Operations with more than 1000 animal units are not considered CAFOs if the animals are housed or fed on areas where crops are produced during the normal growing season
• A facility of any size can be designated as a CAFO if pollutants are discharged into water passing across, through, or adjacent to the facility.
• Any water that comes into contact with animals or manure must be contained on site.

Approximate number of animals equivalent to 1000 animal units

Discharge

 A discharge is defined by the Clean Water Act as the addition of any pollutant (including animal manure or contaminated waters) to navigable waters. Navigable waters are broadly defined as any surface water source, whether in man-made ditches or natural streams, that leave an operator's property. Consider these key points:

•  Navigable waters are broadly defined to ensure that contaminated water does not leave an operator's property and end up in a stream or reservoir. Irrigation ditches often terminate at a stream. Therefore, a release of manure or wastewater into an irrigation ditch may be considered a discharge.
• There is no minimum volume required for a release to be considered a discharge.
• Facilities are not allowed by law to discharge unless they are permitted and then only during a storm event greater or equal to a 25 year, 24 hour storm.