[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: 40CFR412.37]



[Page 202-203]

 

                   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.  412.37  Additional measures.



    (a) Each CAFO subject to this subpart must implement the following 

requirements:

    (1) Visual inspections. There must be routine visual inspections of 

the CAFO production area. At a minimum, the following must be visually 

inspected:

    (i) Weekly inspections of all storm water diversion devices, runoff 

diversion structures, and devices channelling contaminated storm water 

to the wastewater and manure storage and containment structure;

    (ii) Daily inspection of water lines, including drinking water or 

cooling water lines;

    (iii) Weekly inspections of the manure, litter, and process 

wastewater impoundments; the inspection will note the level in liquid 

impoundments as indicated by the depth marker in paragraph (a)(2) of 

this section.

    (2) Depth marker. All open surface liquid impoundments must have a 

depth marker which clearly indicates the minimum capacity necessary to 

contain the runoff and direct precipitation of the 25-year, 24-hour 

rainfall event, or, in the case of new sources subject to the 

requirements in Sec.  412.46 of this



[[Page 203]]



part, the runoff and direct precipitation from a 100-year, 24-hour 

rainfall event.

    (3) Corrective actions. Any deficiencies found as a result of these 

inspections must be corrected as soon as possible.

    (4) Mortality handling. Mortalities must not be disposed of in any 

liquid manure or process wastewater system, and must be handled in such 

a way as to prevent the discharge of pollutants to surface water, unless 

alternative technologies pursuant to Sec.  412.31(a)(2) and approved by 

the Director are designed to handle mortalities.

    (b) Record keeping requirements for the production area. Each CAFO 

must maintain on-site for a period of five years from the date they are 

created a complete copy of the information required by 40 CFR 

122.21(i)(1) and 40 CFR 122.42(e)(1)(ix) and the records specified in 

paragraphs (b)(1) through (b)(6) of this section. The CAFO must make 

these records available to the Director and, in an authorized State, the 

Regional Administrator, or his or her designee, for review upon request.

    (1) Records documenting the inspections required under paragraph 

(a)(1) of this section;

    (2) Weekly records of the depth of the manure and process wastewater 

in the liquid impoundment as indicated by the depth marker under 

paragraph (a)(2) of this section;

    (3) Records documenting any actions taken to correct deficiencies 

required under paragraph (a)(3) of this section. Deficiencies not 

corrected within 30 days must be accompanied by an explanation of the 

factors preventing immediate correction;

    (4) Records of mortalities management and practices used by the CAFO 

to meet the requirements of paragraph (a)(4) of this section.

    (5) Records documenting the current design of any manure or litter 

storage structures, including volume for solids accumulation, design 

treatment volume, total design volume, and approximate number of days of 

storage capacity;

    (6) Records of the date, time, and estimated volume of any overflow.

    (c) Recordkeeping requirements for the land application areas. Each 

CAFO must maintain on-site a copy of its site-specific nutrient 

management plan. Each CAFO must maintain on-site for a period of five 

years from the date they are created a complete copy of the information 

required by Sec.  412.4 and 40 CFR 122.42(e)(1)(ix) and the records 

specified in paragraphs (c)(1) through (c)(10) of this section. The CAFO 

must make these records available to the Director and, in an authorized 

State, the Regional Administrator, or his or her designee, for review 

upon request.

    (1) Expected crop yields;

    (2) The date(s) manure, litter, or process waste water is applied to 

each field;

    (3) Weather conditions at time of application and for 24 hours prior 

to and following application;

    (4) Test methods used to sample and analyze manure, litter, process 

waste water, and soil;

    (5) Results from manure, litter, process waste water, and soil 

sampling;

    (6) Explanation of the basis for determining manure application 

rates, as provided in the technical standards established by the 

Director.

    (7) Calculations showing the total nitrogen and phosphorus to be 

applied to each field, including sources other than manure, litter, or 

process wastewater;

    (8) Total amount of nitrogen and phosphorus actually applied to each 

field, including documentation of calculations for the total amount 

applied;

    (9) The method used to apply the manure, litter, or process 

wastewater;

    (10) Date(s) of manure application equipment inspection.