Current through Register Vol. 48, No. 38, September 20, 2024
When a CAFO owner or operator makes changes to the CAFO's
nutrient management plan previously submitted to the Agency, the procedures in
this Section are applicable.
a) The
CAFO owner or operator must identify changes to the nutrient management plan,
except that the results calculated under Sections
502.515(d)(3) and
(e)(3) are not subject to this Section. These
calculations may be revised without submittal to the Agency if the calculation
revisions do not change the terms of the nutrient management plan.
b) The Agency must determine whether the
changes to the nutrient management plan necessitate revising the terms of the
nutrient management plan incorporated into the permit issued to the CAFO.
1) If revising the terms of the nutrient
management plan is not necessary, the Agency must notify the CAFO owner or
operator and, upon that notification, the CAFO may implement the revised
nutrient management plan.
2) If
revising the terms of the nutrient management plan is necessary, the Agency
must determine whether the changes are substantial changes as described in
subsection (d).
3) If the Agency
determines that the changes to the terms of the nutrient management plan are
not substantial, the Agency must notify the owner or operator and inform the
public of any changes to the terms of the nutrient management plan that are
incorporated into the permit.
c) If the Agency determines that the changes
to the terms of the nutrient management plan are substantial, the Agency must
notify the public and make the proposed changes and the information the CAFO
owner or operator submits available for public review and comment.
1) The process and time limits for submitting
public comments and hearing requests, the hearing process if a request for a
hearing is granted, and the process for responding to significant comments
received during the comment period will follow the procedures applicable to
draft general permits found in Section
502.310(d) through
(f).
2) The Agency will require the CAFO owner or
operator to further revise the nutrient management plan if necessary to approve
the revision to the terms of the nutrient management plan incorporated into the
CAFO's permit.
3) Once the Agency
incorporates the revised terms of the nutrient management plan into the permit,
the Agency must notify the owner or operator and inform the public of the final
decision concerning the revisions to the terms and conditions of the
permit.
d) Substantial
changes to the terms of the nutrient management plan incorporated as terms and
conditions of a permit include, :
1) Adding
new land application areas not previously included in the CAFO's nutrient
management plan; except that, if the land application area that is being added
to the nutrient management plan is covered by the terms of a nutrient
management plan incorporated into an existing NPDES permit in compliance with
Section 502.515, and the CAFO owner or operator applies livestock waste on the
newly added land application area in compliance with the existing
field-specific permit terms applicable to the newly added land application
area, adding new land would be a change to the new CAFO owner's or operator's
nutrient management plan but not a substantial change for this
Section;
2) For nutrient management
plans using the linear approach stated in Section
502.515(d),
changes to the field-specific maximum annual rates of land application (pounds
of nitrogen and phosphorus from livestock waste). For nutrient management plans
using the narrative rate approach, changes to the maximum amounts of nitrogen
and phosphorus derived from all sources for each crop;
3) Adding any crop or other uses not included
in the terms of the CAFO's nutrient management plan and corresponding
field-specific application rates expressed in accordance with Section 502.515;
and
4) Changes to site-specific
components of the CAFO's nutrient management plan, when the changes are likely
to increase the risk of nitrogen and phosphorus transport to waters of the
United States.
