[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: 40CFR412.31]



[Page 201-202]

 

                   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 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.



[[Page 202]]



    (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 July 31, 2007.



[68 FR 7269, Feb. 12, 2003, as amended at 71 FR 6984, Feb. 10, 2006]