[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: 40CFR412.4]

[Page 197-198]
 
                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. 412.4  Best management practices (BMPs) for land application of manure, litter, and process wastewater.

    (a) Applicability. This section applies to any CAFO subject to 
subpart C of this part (Dairy and Beef Cattle other than Veal Calves) or 
subpart D of this part (Swine, Poultry, and Veal Calves).
    (b) Specialized definitions.
    (1) Setback means a specified distance from surface waters or 
potential conduits to surface waters where manure, litter, and process 
wastewater may not be land applied. Examples of conduits to surface 
waters include but are not limited to: Open tile line intake structures, 
sinkholes, and agricultural well heads.
    (2) Vegetated buffer means a narrow, permanent strip of dense 
perennial vegetation established parallel to the contours of and 
perpendicular to the dominant slope of the field for the purposes of 
slowing water runoff, enhancing water infiltration, and minimizing the 
risk of any potential nutrients or pollutants from leaving the field and 
reaching surface waters.

[[Page 198]]

    (3) Multi-year phosphorus application means phosphorus applied to a 
field in excess of the crop needs for that year. In multi-year 
phosphorus applications, no additional manure, litter, or process 
wastewater is applied to the same land in subsequent years until the 
applied phosphorus has been removed from the field via harvest and crop 
removal.
    (c) Requirement to develop and implement best management practices. 
Each CAFO subject to this section that land applies manure, litter, or 
process wastewater, must do so in accordance with the following 
practices:
    (1) Nutrient Management Plan. The CAFO must develop and implement a 
nutrient management plan that incorporates the requirements of 
paragraphs (c)(2) through (c)(5) of this section based on a field-
specific assessment of the potential for nitrogen and phosphorus 
transport from the field and that addresses the form, source, amount, 
timing, and method of application of nutrients on each field to achieve 
realistic production goals, while minimizing nitrogen and phosphorus 
movement to surface waters.
    (2) Determination of application rates. Application rates for 
manure, litter, and other process wastewater applied to land under the 
ownership or operational control of the CAFO must minimize phosphorus 
and nitrogen transport from the field to surface waters in compliance 
with the technical standards for nutrient management established by the 
Director. Such technical standards for nutrient management shall:
    (i) Include a field-specific assessment of the potential for 
nitrogen and phosphorus transport from the field to surface waters, and 
address the form, source, amount, timing, and method of application of 
nutrients on each field to achieve realistic production goals, while 
minimizing nitrogen and phosphorus movement to surface waters; and
    (ii) Include appropriate flexibilities for any CAFO to implement 
nutrient management practices to comply with the technical standards, 
including consideration of multi-year phosphorus application on fields 
that do not have a high potential for phosphorus runoff to surface 
water, phased implementation of phosphorus-based nutrient management, 
and other components, as determined appropriate by the Director.
    (3) Manure and soil sampling. Manure must be analyzed a minimum of 
once annually for nitrogen and phosphorus content, and soil analyzed a 
minimum of once every five years for phosphorus content. The results of 
these analyses are to be used in determining application rates for 
manure, litter, and other process wastewater.
    (4) Inspect land application equipment for leaks. The operator must 
periodically inspect equipment used for land application of manure, 
litter, or process wastewater.
    (5) Setback requirements. Unless the CAFO exercises one of the 
compliance alternatives provided for in paragraph (c)(5)(i) or 
(c)(5)(ii) of this section, manure, litter, and process wastewater may 
not be applied closer than 100 feet to any down-gradient surface waters, 
open tile line intake structures, sinkholes, agricultural well heads, or 
other conduits to surface waters.
    (i) Vegetated buffer compliance alternative. As a compliance 
alternative, the CAFO may substitute the 100-foot setback with a 35-foot 
wide vegetated buffer where applications of manure, litter, or process 
wastewater are prohibited.
    (ii) Alternative practices compliance alternative. As a compliance 
alternative, the CAFO may demonstrate that a setback or buffer is not 
necessary because implementation of alternative conservation practices 
or field-specific conditions will provide pollutant reductions 
equivalent or better than the reductions that would be achieved by the 
100-foot setback.