[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: 40CFR412.31]

[Page 200-201]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 412-CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) POINT SOURCE CATEGORY--Table of Contents
 
      Subpart C-Dairy Cows and Cattle Other Than Veal Calves
 
Sec. 412.31  Effluent limitations attainable by the application of the best practicable control technology currently available (BPT).

    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve the following effluent 
limitations representing the application of BPT:
    (a) For CAFO production areas. Except as provided in paragraphs 
(a)(1) through (a)(2) of this section, there must be no discharge of 
manure, litter, or process wastewater pollutants into waters of the U.S. 
from the production area.
    (1) Whenever precipitation causes an overflow of manure, litter, or 
process wastewater, pollutants in the overflow may be discharged into 
U.S. waters provided:
    (i) The production area is designed, constructed, operated and 
maintained to contain all manure, litter, and process wastewater 
including the runoff and the direct precipitation from a 25-year, 24-
hour rainfall event;
    (ii) The production area is operated in accordance with the 
additional measures and records required by Sec. 412.37(a) and 
(b).
    (2) Voluntary alternative performance standards. Any CAFO subject to 
this

[[Page 201]]

subpart may request the Director to establish NPDES permit effluent 
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 
paragraph (a)(1) of this section.
    (i) Supporting information. In requesting site-specific effluent 
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 such site-specific 
effluent limitations within the time frame provided by the Director. The 
supporting technical analysis must include calculation of the quantity 
of pollutants discharged, on a mass basis where appropriate, based on a 
site-specific analysis of a system designed, constructed, operated, and 
maintained to contain all manure, litter, and process wastewater, 
including the runoff from a 25-year, 24-hour rainfall event. The 
technical analysis of the discharge of pollutants must include:
    (A) All daily inputs to the storage system, including manure, 
litter, all process waste waters, direct precipitation, and runoff.
    (B) All daily outputs from the storage system, including losses due 
to evaporation, sludge removal, and the removal of waste water 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 N, P, BOD5, 
TSS, for the CAFO from representative sampling and analysis of all 
sources of input to the storage system, or other appropriate pollutant 
data.
    (E) Predicted annual average discharge of pollutants, expressed 
where appropriate as a mass discharge on a daily basis (lbs/day), and 
calculated considering paragraphs (a)(2)(i)(A) through (a)(2)(i)(D) of 
this section.
    (ii) The Director has the discretion to request additional 
information to supplement the supporting technical analysis, including 
inspection of the CAFO.
    (3) The CAFO shall attain the limitations and requirements of this 
paragraph as of the date of permit coverage.
    (b) For CAFO land application areas. Discharges from land 
application areas are subject to the following requirements:
    (1) Develop and implement the best management practices specified in 
Sec. 412.4;
    (2) Maintain the records specified at Sec. 412.37 (c);
    (3) The CAFO shall attain the limitations and requirements of this 
paragraph by December 31, 2006.