1.  What is an animal feeding operation (AFO)?

The Tennessee Department of Environment and Conservation (TDEC), Division of Water Pollution Control, defines an "Animal Feeding Operation" (AFO) as a facility that (1) stables, confines, and feeds or maintains animals (other than aquatic animals) for a total of 45 days or more in any 12-month period, and (2) does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season over any portion of the facility.

2.  What is a concentrated animal feeding operation (CAFO)?

CAFOs are large-scale animal production facilities where many animals are raised or maintained, where feed is brought to the animals, and where wastes accumulate in a small area.  An operation must be defined as an "Animal Feeding Operation (AFO) before it can be defined as a CAFO.  Once a facility meets the AFO definition, if its size meets or exceeds the size thresholds in Column I of the following table, it is considered a large (Class I) CAFO.  If an AFO has animal numbers within a range given in Column II, it has the potential to be considered a medium (Class II) CAFO if any one of the following conditions is met:

• Pollutants are discharged through a discrete, discernable conveyance to waters of the state; or

• Pollutants are discharged to waters of the state that come into direct contact with animals confined in the operation; or

• The AFO is located on a waterbody that has been identified by TDEC as being impaired for nutrients or pathogens; or

• The AFO began operation on or after May 1, 1999; or

• The AFO expanded its operation on or after the promulgation date of this regulation.

Keep in mind that any facility, regardless of size, can be designated as a CAFO by TDEC or the Environmental Protection Agency (EPA) on a case-by-case basis if it is determined that the facility is a significant contributor of pollution to the waters of the United States.

3.  What is meant by the term “waters of the United States”?

“Waters” means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural or underground waters.

4.  Who must acquire a CAFO permit?

Any facility that is defined or designated a CAFO is subject to National Pollution Discharge Elimination System (NPDES) regulations and must apply for a NPDES permit.  The University of Tennessee Department of Animal Science has developed an excellent resource at the following link that producers can use to determine (1) if their existing or proposed operation is a CAFO, and (2) how they initiate the permitting process:

http://animalscience.ag.utk.edu/wastemanagement/CAFOPermits&Regulations.htm   

Step One has a link to: “Do I Need a Permit?”, which is a decision tree that may be used by producers to determine if their existing or proposed operation is a CAFO.  Step Two includes links to references and factsheets about CAFO’s.  Steps Three through Five include information and links about the permitting process.

5.  Why should I get a permit?

All CAFOs are viewed as potential point sources of pollution, required by federal and state law to be permitted.  Also, a permit is a strong witness on your behalf should you ever have or cause a water quality problem.  Being permitted indicates you are making a strong effort to operate responsibly, and regulatory/enforcement agencies generally acknowledge and appreciate that.  Also, the process of meeting permit requirements is designed to make you a better manager, and thereby prevent problems from arising.

6.  What is the difference between a Class I and a Class II permit?

There are four main differences between Class I and Class II permits:

• Class I operations are issued an individual NPDES permit, meaning that it is written specifically for that facility and therefore, can sometimes be fairly detailed.  Class II operations are issued a general NPDES permit.  This means that the language in the permit is very broad and is applicable to a wide array of farm situations.

• Class I operations will be inspected each year by TDEC.  Class II operations are subject to inspection by TDEC, but it is not required every year.

• A Class I permit requires that public notice be circulated within the geographical area of the proposed facility.  Based on response to the public notice, a public hearing may be scheduled by TDEC.  The purpose of any hearing is to take public comments regarding the proposed operation.  Class II permits do not have individual public hearings.  The public comment period for the Class II General Permit only occurs every five years when the permit is written that applies to all Class II operations.

• Class I operations have a $250 annual maintenance fee.  Class II operations do not have a maintenance fee.

7.  How do I apply for an NPDES permit?

All CAFOs must apply directly to both TDEC and the Tennessee Department of Agriculture (TDA) for permit coverage.  Their addresses are listed below:

Tennessee Dept. of Environment and Conservation
Division of Water Pollution Control
6th floor, L&C Tower
401 Church Street
Nashville, TN 37243-1534, Phone Number:  615-532-0625

Tennessee Dept. of Agriculture
CAFO Program
Ellington Agricultural Center
440 Hogan Road
Nashville, TN 37220, Phone Number:  615-837-5306

Large (Class I) CAFOs must complete the following two EPA application forms:

EPA Application Form 1: http://www.epa.gov/npdes/pubs/form_1.pdf

EPA Application Form 2B: http://www.epa.gov/npdes/pubs/cafo_fedrgstr_form2b.pdf

Medium (Class II) CAFOs must complete a “Notice of Intent” form that can be found at the following link: http://tennessee.gov/environment/wpc/forms/caf_noi.pdf

Large (Class I) CAFOs with dry litter operations, all medium CAFOs, and all designated CAFOs are required to develop, submit for state approval, implement, and keep on site a site-specific nutrient management plan.  Information on site -specific nutrient management plans can be found at:

http://www.utextension.utk.edu/publications/animals/CAFOFactsheets/CAFOfactsheet6-W085.pdf  

A Comprehensive Nutrient Management Plan (CNMP) is required for all large CAFOs that manage liquid manure.  Information on CNMPs can be found at:

http://www.utextension.utk.edu/publications/animals/CAFOFactsheets/CAFOfactsheet7-W086.pdf 

Additional information may need to be provided by any facility that manages liquid manure.   More information on CAFO permits can be obtained by contacting either TDA or TDEC at the above addresses or by checking out the websites below:

http://state.tn.us/agriculture/nps/index.html

http://tennessee.gov/environment/permits/npdes.shtml

8.  What items are required to be in a nutrient management plan?

• Two maps:  (1.) A map of your farm showing the locations of any animal barns/houses, compost bins, litter storage bins, manure lagoons/holding ponds, nearby roads, fields to which litter/manure will be applied, and non-application buffer areas around any bodies of  water (streams, creeks, rivers, ponds, wells, sinkholes, springs, wetlands, etc.).  A hand-drawn map is acceptable and even preferred.  (2.) A topographic map of the farm (1:24000 scale, including a 1-mile radius around the farm) showing property lines.

• Nutrient budget – this is basically a balance sheet of all manure produced on the farm and all manure spread on the farm or removed from the farm.  Application rates for all fields should be based on crop needs, realistic crop yield expectations, and actual manure analyses of nutrient content.

• Soil test results for phosphorus and potassium for each application field.  These must be taken at least every five years.

• Results of manure analysis from within the past year.  Annual manure testing is a requirement for all CAFOs. These results must be included with the initial permit application if the farm is in operation.  If the farm that is applying for the permit is new and not yet operating, then manure testing results need to be obtained once operation begins.  At that point, the manure test results and revised application rates need to be submitted to TDA.  Manure test results in subsequent years need to be kept as part of your recordkeeping activities.

• Results of the Phosphorus Index applied to each field that has a soil test P value of “High” or “Very High”.  In those situations, this tool will determine whether your application rates will be based on nitrogen or phosphorus.

• Statement regarding method of dead animal disposal. 

• Closure Plan to be implemented in the event animal production ceases on the site.

9.  Where can I get help completing a Nutrient Management Plan?

Assistance is available from two primary sources: (1) your local NRCS District Conservationist’s office, which should be located in the local USDA Service Center; and (2) your local Agricultural Extension office.  Both of these sources have personnel trained and resources designed to aid your nutrient and liquid waste planning process.  Assistance can also be obtained by contacting TDA or TDEC directly at the addresses above.

10.  Who issues my permit?

All NPDES permits in Tennessee are issued by TDEC.  However, all nutrient management plans are reviewed and must be approved by TDA.  TDA works with producers to achieve plans that meet all requirements of the permit.  Once approved, the plans are forwarded to TDEC and the permits are issued.

11.  Who enforces the requirements of the permit?

All monitoring, investigating, and, if necessary, levying of fines or other penalties is the responsibility of TDEC.  When a problem first arises that would warrant investigation and possible enforcement action, TDEC notifies TDA personnel who will go to the facility and work with the producer to correct the problem and change management practices to avoid any recurrence of the problem.  If problems do recur or additional problems are discovered, then TDEC gets involved.

12.  How much does a permit cost?

Class I operations have a $250 annual maintenance fee.  Class II operations have no fee.

13.  How long is the permit good for?

All CAFO permits are valid for five years.  However, there is a slight difference in Class I and Class II permits.  The Class II general permit was issued on August 6, 2004.  That means that if you have a Class II general permit, it expires on August 5, 2009, regardless of when you applied for or received your permit.  Since all Class I permits are individual permits, they expire five years from the date of issuance stated on the permit.

Permit Information - Tennessee Department of Environment and Conservation

http://www.state.tn.us/environment/permits/#wpc