[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: 40CFR412.4]



[Page 198-199]

 

                   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.

    (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



[[Page 199]]



    (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.