10.1 Applicability
of Rule R317-8, Rule Compatibility, and Federal Rule Incorporation.
(1) Section R317-8-10, including the federal
regulations incorporated by reference, shall be applicable to animal feeding
operations and concentrated animal feeding operations.
(2) Where any requirements, definitions, or
conditions in Section R317-8-10 conflict with the requirements, definitions, or
conditions pertaining to animal feeding operations or concentrated animal
feeding operations in other parts of Rule R317-8, the requirements,
definitions, and conditions in Section R317-8-10 shall
govern.
10.2 Definitions.
"25-year, 24-hour storm event" means the 25-year, 24-hour
storm event and "100-year, 24-hour storm event" means the 100-year, 24-hour
storm event as defined in
40 CFR
412.2(i).
"Animal Feeding Operation" (AFO) means a lot or facility
(other than aquatic animal production facility) where the following conditions
are met:
(a) animals have been, are,
or will be stabled, housed, or confined and fed or maintained for a total of
forty-five (45) days or more in any 12-month period;
(b) crops, vegetation, forage growth, or post
harvest residues are not sustained in the normal growing season over any
portion of the lot or facility; and
(c) two or more AFOs under common ownership
are considered to be a single AFO if they adjoin each other or if they use a
common area or system for the storage or disposal of waste.
"Certified Nutrient Management Planner" means a person who is
certified by the Utah Natural Resources Conservation Services (NRCS), or by an
alternative certification program approved by the Director, to develop and
approve nutrient management plans and comprehensive nutrient management
plans.
"Concentrated Animal Feeding Operation" (CAFO) means:
(a) an AFO that is a Large CAFO; or
(b) an AFO that is a Medium CAFO;
or
(c) an AFO that is Designated as
a CAFO.
"Approved Agriculture Certificate of Environmental
Stewardship Program (ACES)" means a program approved by the Water Quality Board
as meeting the substantive standards of this rule and the Utah Water Quality
Act, Title 19, Chapter 5.
"Designated CAFO" means an AFO that is designated as a CAFO
by the Director according to criteria in
40
CFR 122.23(c) and thereby
required to obtain a UPDES permit.
"Discharge" has the same meaning as "Discharge of a
Pollutant" in Subsection R317-8-1.5, except that in Section R317-8-10,
"discharge" shall refer only to the addition of pollutants to surface waters of
the state.
"Large CAFO" means an AFO that stables, houses, or confines
the type and number of animals that fall within any of these ranges:
(a) Beef, calves, heifers, or veal: 1,000 or
more
(b) Cows (milking and dry):
700 or more
(c) Layers, broilers
(wet system): 30,000 or more
(d)
Other than layers (dry system): 125,000 or more
(e) Layers (dry system): 82,000 or
more
(f) Turkeys: 55,000 or
more
(g) Swine (55 pounds or more):
2,500 or more
(h) Swine (less than
55 pounds): 10,000 or more
(i)
Sheep: 10,000 or more
(j) Horses:
500 or more
(k) Ducks (dry system):
30,000 or more
(l) Ducks (wet
system)5,000 or more
"Large Weather Event" in Subsection
19-5-105.5(3)(b)(iii)
means either:
(a) a single event or a
series of precipitation events, including snow, received over a 30 day period
at an AFO or CAFO that yields precipitation greater than the area's monthly
average precipitation for the 30-day period, plus either:
(i) a 100-year, 24-hour storm event for
poultry, swine, or veal AFO or CAFO; or
(ii) a 25-year, 24-hour storm event for any
other AFOs or CAFOs; or
(b) rapid snow or ice melt at the AFO or CAFO
that occurs during a 7-day period which results in the runoff of a volume of
water equivalent to (a).
"Medium AFO" means a lot or facility that is an AFO that
stables, houses or confines the type and number of animals that fall within any
of these ranges:
(a) Beef, calves,
heifers, or veal: 300-999
(b) Cows
(milking and dry): 200-699
(c)
Layers or broilers (wet system): 9,000-29,999
(d) Other than layers (dry system):
37,500-124,999
(e) Layers (dry
system): 25,000-81,999
(f) Turkeys:
16,500-54,999
(g) Swine (55 pounds
or more): 750-2,499
(h) Swine (less
than 55 pounds): 3,000-9,999
(i)
Sheep: 3,000-9,999
(j) Horses:
150-499
(k) Ducks (dry system):
10,000-29,999
(l) Ducks (wet
system): 1,500-4,999
"Medium CAFO" means a Medium AFO where the conditions
specified in
40
CFR 122.23(b)(6)(ii) are
met.
"Reasonable Measures" in Subsection
19-5-105.5(3)(b)(iii)
means the measures described in Subsection R317-8-10.8.
"Small AFO" means a lot or facility that is an AFO that
stables, houses, or confines the type and number of animals that fall within
any of these ranges:
(a) Beef, calves,
heifers, or veal: 1-299
(b) Cows
(milking and dry): 1-199
(c)
Layers, broilers (wet system): 1-8,999
(d) Other than layers (dry system):
1-37,499
(e) Layers (dry system):
1-24,999
(f) Turkeys:
1-16,499
(g) Swine (55 pounds or
more): 1-749
(h) Swine (less than
55 pounds): 1-2,999
(i) Sheep:
1-2,999
(j) Horses: 1-149
(k) Ducks (dry system): 1-9,999
(l) Ducks (wet system): 1-1,499
"Small CAFO" means a Small AFO where the following conditions
are met:
(a) the Small AFO discharges:
(i) through a man-made ditch, flushing
system, or other similar man-made device; or
(ii) into surface waters of the state which
waters originate outside of and pass over, across, or through the facility or
otherwise come into direct contact with the animals confined at the operation;
and
(b) the Director has
designated the Small AFO as a CAFO according to criteria in
40
CFR 122.23(c) after
consulting with the Chair of the Utah Conservation Commission.
"Surface Waters of the State" for purposes under Section
R317-8-10 means Waters of the State as defined in Subsection R317-8-1.5 that
are not ground water, except ground water that has hydrologic connection to
surface waters of the state.
10.4 Timing of UPDES Permit Application.
(1) An animal feeding operation that has an
operational change that results in a requirement to obtain a UPDES CAFO permit
shall submit an application no later than 90 days after the time a facility has
conditions that require CAFO permit coverage.
(2) No later than 180 days before the
expiration of a permit, or as provided by the Director, a permitted CAFO must
submit an application to renew its permit in accordance with
40 CFR
122.21(d) unless the CAFO
will not discharge upon expiration of the permit.
(3) For facilities in operation prior to
April 14, 2003 that have an operational change where the facility becomes a
Large CAFO that discharges, or a Medium or Designated CAFO, must seek to obtain
UPDES permit coverage no later than 90 days after the time a facility has
conditions that require CAFO permit coverage.
(4) New source CAFOs that require CAFO permit
coverage and CAFOs constructed after April 14, 2003 that require CAFO permit
coverage must seek to obtain UPDES CAFO permit coverage no later than 180 days
prior to the time a facility commences operation with the conditions that
require CAFO permit coverage.
(5) A
CAFO that is required to obtain an individual permit or that is a Designated
CAFO, shall apply for a permit within 60 days of notification of permit
requirement by the Director, unless otherwise determined by the Director.
10.6 Nutrient
Management Plans.
(1) Nutrient Management
Plan (NMP) or Comprehensive Nutrient Management Plan (CNMP) content and
requirements for compliance under this rule will include, as applicable and
needed for an AFO or CAFO, the following:
(a)
the federal requirements incorporated by rule in Subsection
R317-8-1.10;
(b) the requirements
of
40
CFR 122.42(e)(1)(i) through
(ix) and the technical standards needed to
implement those requirements at an AFO or CAFO as specified in rule
R317-8-10.7; and
(c) for permitted
AFOs and CAFOs, the NMP or CNMP must also include and be consistent with the
requirements of the UPDES permit.
(2) NMPs or CNMPs shall be developed and
implemented for the following AFOs and CAFOs, as applicable, and must be
approved by a certified nutrient management planner:
(a) AFOs and CAFOs seeking CAFO permit
coverage or with CAFO permit coverage;
(b) AFOs and CAFOs with permit by rule
coverage;
(c) AFOs and CAFOs with
coverage under a compliance assistance program approved by the Director for
purposes of compliance to reasonable measures under Subsection
19-5-105.5(3)(b)(ii);
(d) AFOs and CAFOs participating in the ACES
Program;
(e) AFOs and CAFOs seeking
to receive grant or loan funding through a division funding program;
and
(f) AFOs and CAFOs under an
enforcement action issued by the Director.
(3) NMPs or CNMPs for AFOs and CAFOs listed
in Subsections R317-8-10.6(2)(a), (e), and (f), shall be signed or stamped by a
Utah Professional Engineer or signed by a Natural Resources Conservation
Service employee/engineer with proper engineering job approval authority
delegated from the Natural Resources Conservation Service, when new or existing
structures or facilities need to be designed, constructed or substantially
altered at an AFO's or CAFO's production area or land application area.
10.7 Technical
Standards.
(1) Technical standards for NMP or
CNMP preparation, content, and implementation are:
(a) the practices, standards, and
requirements of the Utah Natural Resources Conservation Service (NRCS) Practice
Standard 590, Nutrient Management, dated October 2019 and the Utah Manure
Application Risk Index (UMARI); and
(b) the NRCS practice standards, policies,
specifications, and best management practices needed for NMP or CNMP
preparation, content, or implementation for compliance with
40
CFR 122.42(e)(1)(i) through
(ix), as needed for a specific AFO or
CAFO.
(2) Implementation
of these standards requires evaluation and nutrient management planning
specific to each individual AFO or CAFO.
10.8 Reasonable Measures for Large Weather
Events and Agriculture Discharges.
(1) As
provided in Subsection
19-5-105.5(3)(b)(iii),
no penalty shall apply with respect to an agriculture discharge resulting from
a large weather event if the agriculture producer has taken reasonable measures
to prevent an agriculture discharge.
(2) An AFO or CAFO will be considered to have
taken reasonable measures as provided by Subsection
19-5-105.5(3)(b)(iii),
if it has implemented a NMP or CNMP according to Subsection R317-8-10.6, as
applicable to an AFO or CAFO, and is participating in any of the following:
(a) a UPDES CAFO permit;
(b) permit by rule as outlined in Subsection
R317-10.8(3);
(c) a compliance
assistance program approved by the Director; or
(d) the ACES Program.
(3) An AFO will be permitted by rule if:
(a) it has obtained and is in compliance with
a site-specific NMP that implements Technical Standards and the requirements of
40
CFR 122.42(e)(1)(i) through
(viii), and the practices and protocols identified under those
provisions;
(b) it keeps records
adequate to demonstrate that it has met the requirements in Subsection
R317-8-10.8(3) and has, upon request, made those records available for review
by the Director or the Director's representative; and
(c) the facility has provided to the Director
a notice of intent to be covered by this permit by rule provision and has
confirmed that it is meeting the requirements of Subsection
R317-8-10(3).
