C.M.R. 01, 001, ch. 565, ATTACHMENTS, att. E
EPA Definition of a Concentrated Animal Feeding Operation1
2.2 Animal and Concentrated Animal Feeding Operations
A facility (e.g., farm, livestock market) that houses animals must meet both of the following criteria to be considered an animal feeding operation [40 CFR 122.23(b)(1)] . The facility must:
[x] Stable, confine, and feed or maintain animals for a total of 45 days or more in any 12-month period; and
[x] Not sustain crops, vegetation forage growth, or post-harvest residues in the normal growing season over any portion of the facility.
The first part of this definition means that animals must be kept on the lot or facility for a minimum of 45 days. However, it does not mean that the same animals must remain on the lot for 45 days or more; only that some animals are fed or maintained on the lot 45 days out of any 12-month period. The 45 days do not have to be consecutive, nor does the 12-month period have to correspond to the calendar year. For example, the 12-month period may be counted from June 1 to the following May 31.
The regulations give the permitting authority a fair amount of discretion under 40 CFR 122.23(b)(1); EPA interprets "maintained" to mean that the animals are confined in an area where waste is generated and/or concentrated. Maintained also can mean that the animals in the confined area are watered, cleaned, groomed or medicated. This interpretation allows the permitting authority to regulate animal operations such as dairy farms, stockyards, and auction houses where animals may not be fed, but are confined temporarily. The important consideration in this interpretation is the waste is generated in an area where animals are concentrated.
The second part of the definition distinguishes feedlots from pasture land, which is not subject to the NPDES program. This part of the definition narrows the geographic scope of the regulations to the portion of the facility where animals are confined and where natural forage or planted vegetation does not occur during the normal growing season (for that geographic area). Feedlots with constructed floors, such as solid concrete or metal slats, clearly satisfy this part of the definition. Other feedlots may have open dirt areas. These "open dirt" feedlots may have some vegetative growth along the edges while animals are present or during months when animals are kept elsewhere. EPA interprets the regulations to mean that if a facility maintains animals in an area without vegetation, including dirt lots, the facility meets the second part of the definition.
A concentrated animal feeding operation (CAFO) is an animal feeding operation (i.e., it meets the two criteria above) and also meets the animal numbers and polllutant discharge criteria provided by the U. S. Environmental Protection Agency in 40 CFR Parts 9, 122, and 412-Revised National Guidelines for Concentrated Animal Feeding Operations in Response to the Waterkeeper Decision: Final Rule Dated December 22, 2008.
1An animal feeding operation that meets the EPA definition of a Concentrated Animal Feeding Operation as provided by the U. S. Environmental Protection Agency in 40 CFR Parts 9, 122 and 412 - Revised National Guidelines for Concentrated Animal Feeding Operations in Response to the Waterkeeper Decision; Final Rule dated December 22, 2008.
C.M.R. 01, 001, ch. 565, ATTACHMENTS, att. E