[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR412.2]



[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.  412.2  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.

    (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,



[[Page 198]]



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.