[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR412.2]

[Page 196-197]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 412-CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) POINT SOURCE CATEGORY--Table of Contents
 
Sec. 412.2  General definitions.

    As used in this part:
    (a) The general definitions and abbreviations at 40 CFR part 401 
apply.
    (b) Animal Feeding Operation (AFO) and Concentrated Animal Feeding 
Operation (CAFO) are defined at 40 CFR 122.23.
    (c) Fecal coliform means the bacterial count (Parameter 1) at 40 CFR 
136.3 in Table 1A, which also cites the approved methods of analysis.
    (d) Process wastewater means water directly or indirectly used in 
the operation of the CAFO for any or all of the following: spillage or 
overflow from animal or poultry watering systems; washing, cleaning, or 
flushing pens, barns, manure pits, or other CAFO facilities; direct 
contact swimming, washing, or spray cooling of animals; or dust control. 
Process wastewater also includes any water which comes into contact with 
any raw materials, products, or byproducts including manure, litter, 
feed, milk, eggs, or bedding.

[[Page 197]]

    (e) Land application area means land under the control of an AFO 
owner or operator, whether it is owned, rented, or leased, to which 
manure, litter, or process wastewater from the production area is or may 
be applied.
    (f) New source is defined at 40 CFR 122.2. New source criteria are 
defined at 40 CFR 122.29(b).
    (g) Overflow means the discharge of manure or process wastewater 
resulting from the filling of wastewater or manure storage structures 
beyond the point at which no more manure, process wastewater, or storm 
water can be contained by the structure.
    (h) Production area means that part of an AFO that includes the 
animal confinement area, the manure storage area, the raw materials 
storage area, and the waste containment areas. The animal confinement 
area includes but is not limited to open lots, housed lots, feedlots, 
confinement houses, stall barns, free stall barns, milkrooms, milking 
centers, cowyards, barnyards, medication pens, walkers, animal walkways, 
and stables. The manure storage area includes but is not limited to 
lagoons, runoff ponds, storage sheds, stockpiles, under house or pit 
storages, liquid impoundments, static piles, and composting piles. The 
raw materials storage area includes but is not limited to feed silos, 
silage bunkers, and bedding materials. The waste containment area 
includes but is not limited to settling basins, and areas within berms 
and diversions which separate uncontaminated storm water. Also included 
in the definition of production area is any egg washing or egg 
processing facility, and any area used in the storage, handling, 
treatment, or disposal of mortalities.
    (i) Ten (10)-year, 24-hour rainfall event, 25-year, 24-hour rainfall 
event, and 100-year, 24-hour rainfall event mean precipitation events 
with a probable recurrence interval of once in ten years, or twenty five 
years, or one hundred years, respectively, as defined by the National 
Weather Service in Technical Paper No. 40, ``Rainfall 
Frequency Atlas of the United States,'' May, 1961, or 
equivalent regional or State rainfall probability information developed 
from this source.
    (j) Analytical methods. The parameters that are regulated or 
referenced in this part and listed with approved methods of analysis in 
Table 1B at 40 CFR 136.3 are defined as follows:
    (1) Ammonia (as N) means ammonia reported as nitrogen.
    (2) BOD5 means 5-day biochemical oxygen demand.
    (3) Nitrate (as N) means nitrate reported as nitrogen.
    (4) Total dissolved solids means nonfilterable residue.
    (k) The parameters that are regulated or referenced in this part and 
listed with approved methods of analysis in Table 1A at 40 CFR 136.3 are 
defined as follows:
    (1) Fecal coliform means fecal coliform bacteria.
    (2) Total coliform means all coliform bacteria.