Current through Register Vol. 48, No. 38, September 20, 2024
a) Except as
provided in subsections (a)(1), (a)(2), and (c), there must be no livestock
waste discharge into the waters of the United States from the CAFO production
area. Whenever precipitation causes an overflow of livestock wastes from the
containment or storage structure, livestock wastes in the overflow may be
discharged into the waters of the United States if:
1) The production area is designed,
constructed, operated, and maintained to contain all livestock wastes,
including the runoff and the direct precipitation from a 25-year, 24-hour
precipitation event, except that, for swine, poultry, or veal, large CAFOs that
are new sources must comply with Subpart H, and
2) The production area is operated in
accordance with the additional measures and records required by Section
502.610.
b) Any point source subject to this Subpart
must achieve the livestock waste discharge limitations in this Section by the
permit coverage date.
c) Voluntary
Alternative Performance Standards. Any CAFO subject to this Subpart may request
the Agency to establish NPDES permit livestock waste discharge limitations
based upon site-specific alternative technologies that achieve a quantity of
pollutants discharged from the production area equal to or less than the
quantity of pollutants that would be discharged under the baseline performance
standards as provided by subsection (a).
1) In
requesting site-specific livestock waste discharge limitations to be included
in the NPDES permit, the CAFO owner or operator must submit a supporting
technical analysis and any other relevant information and data that would
support those site-specific livestock waste discharge limitations within the
time frame the Agency provides.
2)
The supporting technical analysis must include calculating the quantity of
pollutants discharged, on a mass basis when appropriate, based on a
site-specific analysis of a system designed, constructed, operated, and
maintained to contain all livestock waste, including the runoff from a 25-year,
24-hour rainfall event.
3) The
technical analysis of the discharge of pollutants must include:
A) all daily inputs to the storage system,
including livestock waste, direct precipitation, and runoff;
B) all daily outputs from the storage system,
including losses due to evaporation, sludge removal, and wastewater removal for
use on cropland at the CAFO or transport off-site;
C) a calculation determining the predicted
median annual overflow volume based on a 25-year period of actual rainfall data
applicable to the site;
D)
site-specific pollutant data, including nitrogen, phosphorus,
BOD5, and total suspended solids, for the CAFO from
representative sampling and analyzing all sources of input to the storage
system, or other appropriate pollutant data; and
E) predicted annual average pollutant
discharge, expressed, when appropriate, as a mass discharge on a daily basis
(lbs/day), and calculated considering subsections (c)(3)(A) through
(D).
4) The Agency may
request additional information to supplement the supporting technical analysis,
including inspecting the CAFO.
