Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Appendix G - Criteria for Determining a Concentrated Animal Feeding Operation and Additional Requirements Applicable to New and Existing Concentrated Animal Feeding Operations

Current through July 13, 2024
(a) Applicability and permit requirement for concentrated
				  animal feeding operations (CAFOs). In accordance with
				  W.S.
				  35-11-103(a) (xi) and
				  35-11-302(a) (v),
				  CAFOs, as defined in Appendix G (b) of these regulations, are point sources
				  that require WYPDES permits for discharges or potential discharges. Once an
				  operation is defined as a CAFO, the WYPDES requirements for CAFOs apply with
				  respect to all animals in confinement at the operation and all manure, litter
				  and process wastewater generated by those animals or the production of those
				  animals, regardless of the type of animal. All CAFOs have a duty to apply to
				  seek coverage under a WYPDES permit as described in these regulations.
(b) Definitions applicable to this appendix:
(i) Analytical methods. The parameters that are regulated or
				  referenced in this appendix and listed with approved methods of analysis in
				  Table 1B at
				  40 CFR
				  136.3 are defined as follows:
(A) "Ammonia (as N)" means ammonia reported as
				  nitrogen.
(B) "BOD5" means 5-day biochemical
				  oxygen demand.
(C) "Nitrate (as N)" means nitrate reported as
				  nitrogen.
(D) "Total dissolved solids" means nonfilterable
				  residue.
(ii) Analytical methods. 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:
(A) "Fecal coliform" means fecal coliform bacteria.
(B) "Total coliform" means all coliform bacteria.
(iii) "Animal feeding operation" (AFO) means a lot or
				  facility (other than an aquatic animal production facility) where the following
				  conditions are met:
(A) Animals have been, are, or will be stabled or confined
				  and fed or maintained for a total of 45 days or more in any 12-month period;
				  and
(B) Crops, vegetation forage growth or post harvest residues
				  are not sustained in the normal growing season over any portion of the lot or
				  facility.
Two (2) or more animal feeding operations under common
				  ownership are considered, for purposes of these regulations, to be a single
				  animal feeding operation if they adjoin each other or if they use a common area
				  or system for the disposal of wastes.
(iv) "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.
(v) "Large concentrated animal feeding operation" (large
				  CAFO). An AFO is defined as a large CAFO if it stables or confines as many as
				  or more than the numbers of animals specified in any of the following
				  categories.
(A) 700 mature dairy cows, whether milked or dry;
(B) 1,000 veal calves;
(C) 1,500 buffalo (Bison bison);
(D) 1,000 cattle other than mature dairy cows or veal calves.
				  Cattle includes but is not limited to heifers, steers, bulls and cow/calf
				  pairs;
(E) 2,500 swine each weighing 55 pounds or more;
(F) 10,000 swine each weighing less than 55 pounds;
(G) 500 horses;
(H) 10,000 sheep or lambs;
(I) 55,000 turkeys;
(J) 30,000 laying hens or broilers, if the AFO uses a liquid
				  manure handling system;
(K) 125,000 chickens (other than laying hens), if the AFO
				  uses other than a liquid manure handling system;
(L) 82,000 laying hens, (if the AFO uses other than a liquid
				  manure handling system);
(M) 30,000 ducks (if the AFO uses other than a liquid manure
				  handling system); or
(N) 5,000 ducks (if the AFO uses a liquid manure handling
				  system).
(vi) "Manure" is defined to include animal excreta or other
				  commonly associated wastes of animal husbandry including but not limited to
				  bedding, compost and raw materials or other materials commingled with manure or
				  set aside for disposal.
(vii) "Medium concentrated animal feeding operation" (medium
				  CAFO) means any AFO with the type and number of animals that fall within any of
				  the ranges listed in Appendix G (b) (vii) (A) and which has been defined or
				  designated as a CAFO. An AFO is defined as a medium CAFO if:
(A) The type and number of animals that it stables or
				  confines falls within any of the following ranges:
(I) 200 to 699 mature dairy cattle, whether milked or
				  dry;
(II) 300 to 999 veal calves;
(III) 450 to 1499 buffalo (Bison bison);
(IV) 300 to 999 cattle other than mature dairy cows or veal
				  calves. Cattle includes but is not limited to heifers, steers, bulls and
				  cow/calf pairs;
(V) 750 to 2,499 swine each weighing 55 pounds or
				  more;
(VI) 3,000 to 9,999 swine each weighing less than 55
				  pounds;
(VII) 150 to 499 horses;
(VIII) 3,000 to 9,999 sheep or lambs;
(IX) 16,500 to 54,999 turkeys;
(X) 9,000 to 29,999 laying hens or broilers, (if the AFO uses
				  a liquid manure handling system);
(XI) 37,500 to 124, 999 chickens (other than laying hens),
				  (if the AFO uses other than a liquid manure handling system);
(XII) 25,000 to 81,999 laying hens, (if the AFO uses other
				  than a liquid manure handling system);
(XIII) 10,000 to 29,999 ducks (if the AFO uses other than a
				  liquid manure handling system); or
(XIV) 1,500 to 4,999 ducks (if the AFO uses a liquid manure
				  handling system); and
(B) Either one of the following conditions are met:
(I) Pollutants are discharged into surface waters of the
				  state through a man-made ditch, flushing system, or other similar man-made
				  device; or
(II) Pollutants are discharged directly into surface waters
				  of the state which originate outside of and pass over, across, or through the
				  facility or otherwise come into direct contact with the animals confined in the
				  operation.
(viii) "New source" means any building, structure, facility
				  or installation from which there is or may be the discharge of pollutants, the
				  construction of which is commenced after the effective date of these
				  regulations.
(ix) "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.
(x) "Process wastewater" means water directly or indirectly
				  used in the operation of the AFO 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 AFO 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.
(xi) "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, milk rooms, 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, stock piles, 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.
(xii) "Twenty-five-year, 24-hour rainfall event" and
				  100-year, 24-hour rainfall event mean precipitation events with a probable
				  recurrence interval of once in 25 years, or 100 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.
(c) CAFO designation. The director may designate any AFO as a
				  CAFO upon determining that it is a significant contributor of pollutant s to
				  surface waters of the state. The director may also designate an AFO as a CAFO
				  at the request of the Regional Administrator, but only where the Regional
				  Administrator has determined that one or more pollutants in the AFOs discharge
				  contributes to an impairment in a downstream or adjacent state water that is
				  impaired for that pollutant.
(i) In making this designation, the director shall consider
				  the following factors:
(A) The size of the AFO and the amount of wastes reaching
				  surface waters of the state;
(B) The location of the AFO relative to surface waters of the
				  state;
(C) The means of conveyance of animal wastes and process
				  waste waters into surface waters of the state;
(D) The slope, vegetation, rainfall, and other factors
				  affecting the likelihood or frequency of discharge of animal wastes manure and
				  process waste waters into surface waters of the state; and
(E) Other relevant factors.
(ii) No AFO shall be designated under these regulations
				  unless the director or the Regional Administrator has conducted an on-site
				  inspection of the operation and determined that the operation should and could
				  be regulated under the WYPDES permit program. In addition, no AFO with numbers
				  of animals below the minimum numbers established in Appendix G (b) (vii) (A)
				  may be designated as a CAFO unless:
(A) Pollutants are discharged into surface waters of the
				  state through a manmade ditch, flushing system, or other similar manmade
				  device; or
(B) Pollutants are discharged directly into surface waters of
				  the state which originate outside of the facility and pass over, across, or
				  through the facility or otherwise come into direct contact with the animals
				  confined in the operation.
(d) Application for permit and exceptions.
(i) All CAFO owners and operators must seek coverage under a
				  WYPDES permit, except as provided in Appendix G (d) (ii) of these regulations.
				  If the director has not made a general permit available, the CAFO owner or
				  operator must submit an application for an individual permit to the
				  director.
(ii) Exception. An owner or operator of a large CAFO does not
				  need to seek coverage under a WYPDES permit otherwise required by this section
				  once the owner or operator has received from the director notification of a
				  determination under Appendix G (f) of these regulations that the CAFO has "no
				  potential to discharge" manure, litter or process wastewater.
(iii) New and existing concentrated animal feeding operations
				  shall provide the following information, in addition to that described in
				  Section
				  5(a)
				  (v) for individual permits, to the
				  administrator, using an application form provided by the administrator.
(A) The type and number of animals in open confinement and
				  housed under roof;
(B) The type of containment and storage (anaerobic lagoon,
				  roofed storage shed, storage ponds, underfloor pits, above ground storage
				  tanks, below ground storage tanks, concrete pad, impervious soil pad, other)
				  and total capacity for manure, litter, and process wastewater storage
				  (tons/gallons);
(C) The total number of acres under control of the applicant
				  available for land application of manure, litter, or process wastewater;
(D) The number of acres used for confinement feeding;
(E) Estimated amounts of manure, litter and process
				  wastewater generated per year (tons/gallons);
(F) Estimated amounts of manure, litter and process
				  wastewater transferred to other persons per year (tons/gallons);
(G) The design basis for the runoff diversion and controls
				  system, if one exists, including the number of acres of contributing drainage,
				  the storage capacity, and the design safety factor to ensure no discharge
				  except under conditions of a 25-year 24-hour, or greater, storm event;
				  and
(H) A nutrient management plan, in accordance with Appendix G
				  (i) developed and implemented upon the date of coverage.
(e) Land application discharges from a CAFO are subject to
				  WYPDES requirements. The discharge of manure, litter or process wastewater to
				  surface waters of the state from a CAFO as a result of the application of that
				  manure, litter or process wastewater by the CAFO to land areas under its
				  control is a discharge from that CAFO subject to WYPDES permit requirements,
				  except where it is an agricultural storm water discharge as provided in
				  33
				  U.S.C. 1362(14). For
				  purposes of Appendix G (e), where the manure, litter or process wastewater has
				  been applied in accordance with site specific nutrient management practices
				  that ensure appropriate agricultural utilization of the nutrients in the
				  manure, litter or process wastewater, as specified in Appendix G (i) (ii) (F) -
				  (H) a precipitation related discharge of manure, litter or process wastewater
				  from land areas under the control of a CAFO is an agricultural storm water
				  discharge.
(f) "No potential to discharge" determination for large
				  CAFOs.
(i) Determination by the director. The director, upon
				  request, may make a case-specific determination that a large CAFO has "no
				  potential to discharge" pollutants to surface waters of the state. In making
				  this determination, the director must consider the potential for discharges
				  from both the production area and any land application areas. The director must
				  also consider any record of prior discharges by the CAFO. In no case may the
				  CAFO be determined to have "no potential to discharge" if it has had a
				  discharge within the five (5) years prior to the date of the request submitted
				  under Appendix G (f) (ii). For purposes of this section, the term "no potential
				  to discharge" means that there is no potential for any CAFO manure, litter or
				  process wastewater to be added to surface waters of the state under any
				  circumstances or climatic condition. A determination that there is "no
				  potential to discharge" for purposes of this section only relates to discharges
				  of manure, litter and process wastewater covered by this appendix.
(ii) Information to support a "no potential to discharge
				  request". In requesting a determination of "no potential to discharge," the
				  CAFO owner or operator must submit any information that would support such a
				  determination, within the time frame provided by the director and in accordance
				  with Appendix G (g) and (h) of these regulations. Such information must include
				  all of the information specified in Appendix G (f) and (i) (i) and Section
				  5(a) of these regulations.
				  The director has discretion to require additional information to supplement the
				  request, and may also gather additional information through on-site inspection
				  of the CAFO.
(iii) Process for making a "no potential to discharge"
				  determination. Before making a final decision to grant a "no potential to
				  discharge" determination, the director must issue a notice to the public
				  stating that a "no potential to discharge" request has been received. This
				  notice must be accompanied by a fact sheet which includes, when
				  applicable:
(A) A brief description of the type of facility or activity
				  which is the subject of the "no potential to discharge" determination;
(B) A brief summary of the factual basis, upon which the
				  request is based, for granting the "no potential to discharge" determination;
				  and
(C) A description of the procedures for reaching a final
				  decision on the "no potential to discharge" determination.
(iv) The director must base the decision to grant a "no
				  potential to discharge" determination on the administrative record, which
				  includes all information submitted in support of a "no potential to discharge"
				  determination and any other supporting data gathered by the administrator. The
				  director must notify any CAFO seeking a "no potential to discharge"
				  determination of its final determination within 90 days of receiving the
				  request.
(v) Deadline for requesting a "no potential to discharge"
				  determination. The owner or operator must request a "no potential to discharge"
				  determination by the applicable permit application date specified in Appendix G
				  (g) of these regulations. If the director's final decision is to deny the "no
				  potential to discharge" determination, the owner or operator must seek coverage
				  under a permit within 30 days after the denial.
(vi) The "no potential to discharge" determination does not
				  relieve the CAFO from the consequences of an actual discharge. Any unpermitted
				  CAFO that discharges pollutants into surface waters of the state is in
				  violation of the CWA, the Environmental Quality Act and these regulations even
				  if it has received a "no potential to discharge" determination from the
				  director. Any CAFO that has received a determination of "no potential to
				  discharge," but who anticipates changes in circumstances that could create the
				  potential for a discharge, should contact the director, and apply for and
				  obtain permit authorization prior to the change of circumstances.
(vii) The director retains authority to require a permit.
				  Where the director has issued a determination of "no potential to discharge,"
				  the director retains the authority to subsequently require WYPDES permit
				  coverage if circumstances at the facility change, if new information becomes
				  available, or if there is other reason for the director to determine that the
				  CAFO has a potential to discharge.
(g) Deadlines to apply.
(i) For operations that are defined as CAFOs under
				  regulations that were in operation prior to April 14, 2003, the owner or
				  operator must have or sought to obtain coverage under a WYPDES permit as of
				  April 14, 2003, and comply with all applicable WYPDES requirements, including
				  the duty to maintain permit coverage in accordance with Appendix G (h) of these
				  regulations.
(ii) Owners or operators of operations defined as CAFOs as of
				  April 14, 2003, who were not defined as CAFOs prior to that date must seek to
				  obtain coverage under a WYPDES permit by a date specified by the director, but
				  no later than February 13, 2006.
(iii) Operations that become defined as CAFOs after April 14,
				  2003, but which are not new sources. For AFOs that make changes to their
				  operations that result in becoming defined as CAFOs for the first time, after
				  April 14, 2003, but are not new sources, the owner or operator must seek to
				  obtain coverage under a WYPDES permit, as follows:
(A) Facilities defined as CAFOs resulting from operational
				  changes (e,g. resulting from an increase in the number of animals), as soon as
				  possible but no later than 90 days after becoming defined as a CAFO; except
				  that
(B) If an operational change that makes the operation a CAFO
				  would not have made it a CAFO prior to April 14, 2003, the operation has at
				  least until April 13, 2006, or 90 days after becoming defined as a CAFO,
				  whichever is later.
(iv) New sources. New sources must seek to obtain coverage
				  under a permit at least 1 80 days prior to the time that the CAFO commences
				  operation, unless otherwise approved by the administrator.
(v) Operations that are designated as a CAFO in accordance
				  with Appendix G (c) of these regulations, the owner or operator must seek to
				  obtain coverage under a permit no later than 90 days after receiving notice of
				  the designation.
(vi) "No potential to discharge." Notwithstanding any other
				  provision of this section, a CAFO that has received a "no potential to
				  discharge" determination in accordance with Appendix G (f) of these regulations
				  is not required to seek coverage under a WYPDES permit that would otherwise be
				  required by this section. If circumstances materially change at a CAFO that has
				  received a "no potential to discharge" determination, such that the CAFO has a
				  potential for a discharge, the CAFO shall immediately notify the director, and
				  seek coverage under a WYPDES permit within 30 days after the change in
				  circumstances.
(h) Duty to maintain permit coverage. Not later than 1 80
				  days before the expiration of the permit, the permittee must submit an
				  application to renew its permit, in accordance with Section
				  9 of these regulations. However, the
				  permittee need not continue to seek continued permit coverage or reapply for a
				  permit if:
(i) The facility has ceased operation or is no longer a CAFO;
				  and
(ii) The permittee has demonstrated to the satisfaction of
				  the director that there is no remaining potential for a discharge of manure,
				  litter or associated process wastewater that was generated while the operation
				  was a CAFO, other than agricultural stormwater from land application areas;
				  or
(i) Permit conditions applicable to all CAFOs. Any permit
				  issued to a CAFO shall include:
(i) Nutrient management plan development and implementation
				  requirements. At a minimum, a nutrient management plan must include best
				  management practices and procedures necessary to implement applicable effluent
				  limitations and standards.
(A) Permitted CAFOs must have their nutrient management plans
				  developed (or updated if a nutrient management plan was required in the
				  existing permit) and implemented by December 31, 2006.
(B) CAFOs that seek to obtain coverage under a permit after
				  December 31, 2006 must have a nutrient management plan developed and
				  implemented upon the date of permit coverage.
(ii) The nutrient management plan must, to the extent
				  applicable:
(A) Ensure adequate storage of manure, litter, and process
				  wastewater, including procedures to ensure proper operation and maintenance of
				  the storage facilities;
(B) Ensure proper management of mortalities (i.e., dead
				  animals) so they are not disposed of in a liquid manure, storm water, or
				  process wastewater storage or treatment system that is not specifically
				  designed to treat animal mortalities;
(C) Ensure that stormwater runoff is diverted, as
				  appropriate, from the production area;
(D) Prevent direct contact of confined animals with surface
				  waters of the state;
(E) Ensure that chemicals and other contaminants handled
				  on-site, are not disposed of in any manure, litter, process wastewater, or
				  storm water storage or treatment system unless specifically designed to treat
				  such chemicals and other contaminants;
(F) Identify appropriate site specific conservation practices
				  to be implemented, including as appropriate buffers or equivalent practices, to
				  control runoff of pollutants to surface waters of the state;
(G) Identify protocols for appropriate testing of manure,
				  litter, process wastewater and soil;
(H) Establish protocols to land apply manure, litter or
				  process wastewater in accordance with site specific nutrient management
				  practices that ensure appropriate agricultural utilization of the nutrients in
				  the manure, litter or process wastewater; and
(I) Identify specific records that will be maintained to
				  document the implementation and management of the minimum elements described in
				  Appendix G (i) (ii) (A through H).
(iii) Record keeping requirements.
(A) The permittee must create, maintain for five (5) years,
				  and make available to the director, upon request, the following records:
(I) All applicable records identified pursuant to Appendix G
				  (i) (i) (I) of these regulations.
(II) All CAFOs subject to these regulations must comply with
				  the record keeping requirements of Appendix G (i) (iii) (B) and (C).
(B) Record keeping requirements for the production area. Each
				  CAFO must maintain on-site for a period of five (5) years from the date they
				  are created a complete copy of the information required by Appendix G (d) (iii)
				  and Appendix G (i) (ii) (I) and the records specified in Appendix G (i) (iii)
				  (I) through (VI) of these regulations. The CAFO must make these records
				  available to the director and or his designee upon request.
(I) Records documenting the inspections required under
				  Appendix G (m) (ii) (C) (I) of these regulations.
(II) Weekly records of the depth of the manure and process
				  wastewater in the liquid impoundment as indicated by the depth marker under
				  Appendix G (m) (ii) (C) (II) of these regulations.
(III) Records documenting any actions taken to correct
				  deficiencies required under Appendix G (m) (ii) (C) (III) of these regulations.
				  Deficiencies not corrected within 30 days must be accompanied by an explanation
				  of the factors preventing immediate correction.
(IV) Records of mortalities management and practices used by
				  the CAFO to meet the requirements of Appendix G (m) (ii) (C) (IV) of these
				  regulations.
(V) 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.
(VI) Records of the date, time, and estimated volume of any
				  overflow.
(C) Record keeping requirements of the land application area.
				  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 (5) years from the
				  date they created a complete copy of the information required by Appendix G (j)
				  (ii), Appendix G (i) (i) and (ii), and the records specified in Appendix G (i)
				  (iii) (C) (I through IX) of these regulations. The CAFO must make these records
				  available to the director or his designee, for review upon request.
(I) The date(s) manure, litter, or process waste water is
				  applied to each field;
(II) Weather conditions at time of application and for
				  24-hours prior to and following application;
(III) Test methods used to sample and analyze manure, litter,
				  process waste water, and soil;
(IV) Results from manure, litter, process waste water, and
				  soil sampling;
(V) Explanation of the basis for determining manure
				  application rates;
(VI) Calculations showing the total nitrogen and phosphorus
				  to be applied to each field, including sources other than manure, litter, or
				  process wastewater;
(VII) Total amount of nitrogen and phosphorus actually
				  applied to each field, including documentation of calculations for the total
				  amount applied;
(VIII) The method used to apply the manure, litter, or
				  process wastewater;
(IX) Date(s) of manure application equipment
				  inspection.
(D) A copy of the CAFO's site-specific nutrient management
				  plan must be maintained on site and made available to the director upon
				  request.
(iv) Requirements relating to transfer of manure or process
				  wastewater to other persons. Prior to transferring manure, litter or process
				  wastewater to other persons. Large CAFOs must provide the recipient of the
				  manure, litter or process wastewater with the most current nutrient analysis.
				  The analysis provided must be consistent with requirements of this appendix.
				  Large CAFOs must retain for five (5) years records of the date, recipient name
				  and address, and approximate amount of manure, litter or process wastewater
				  transferred to another person.
(v) Annual reporting requirements for CAFOs. The permittee
				  must submit an annual report to the administrator. The annual report must
				  include:
(A) The number and type of animals, whether in open
				  confinement or housed under roof (buffalo, beef cattle, broilers, layers, swine
				  weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy
				  cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys,
				  other);
(B) Estimated amount of total manure, litter and process
				  wastewater generated by the CAFO in the previous 12 months
				  (tons/gallons);
(C) Estimated amount of total manure, litter and process
				  waste water transferred to other person(s) by the CAFO in the previous 12
				  months (ton/gallons);
(D) Total number of acres for land application covered by the
				  nutrient management plan developed in accordance with Appendix G (i) (i) of
				  these regulations;
(E) Total number of acres under control of the CAFO that were
				  used for land application of manure, litter, and process wastewater in the
				  previous 12 months;
(F) Summary of all manure, litter and process wastewater
				  discharges from the production area that have occurred in the previous 12
				  months, including date, time, and approximate volume; and
(G) A statement indicating whether the current version of the
				  CAFO's nutrient management plan was developed or approved by a certified
				  nutrient management planner.
(j) This paragraph applies to manure, litter, and/or process
				  wastewater discharges resulting from CAFOs.
(i) General pretreatment standards. Any source subject to
				  Appendix G (j) that introduces process wastewater pollutants into a publicly
				  owned treatment works (POTW) must comply with the general pretreatment
				  regulations of 40 CFR
				  403.
(ii) Best Management Practices (BMPs) for land application of
				  manure, litter, and process wastewater.
(A) Appendix G (j) (ii) applies to any CAFO subject to
				  Appendix G (m) of these regulations (buffalo, dairy and beef cattle other than
				  veal calves) Appendix G (n) of these regulations (swine, poultry, and veal
				  calves).
(B) Specialized definitions.
(I) "Setback" means a specified distance from surface waters
				  of the state or potential conduits to surface water where manure, litter, and
				  process wastewater may not be land applied. Examples of conduits to surface
				  waters of the state include but are not limited to: open tile line intake
				  structures, sinkholes, and agricultural well heads.
(II) "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 of the state.
(III) "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 Appendix G (j) (ii) that land applies manure,
				  litter, or process wastewater, must do so in accordance with the following
				  practices:
(I) Nutrient management plan. The CAFO must develop and
				  implement a nutrient management plan that incorporates the requirements of
				  Appendix G (j) (ii) (C) (II) through (VI) of these regulations based on
				  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 of the state.
(II) Determination of application rates. Application rates
				  for manure, litter, and other process wastewater applied to land under the
				  ownership or operation control of the CAFO must minimize phosphorus and
				  nitrogen transport from the field to surface and groundwaters of the state in
				  compliance with technical standards, established by the director, for nutrient
				  management. These shall include:
(1.) A field-specific assessment of the potential for
				  nitrogen and phosphorus transport from the field to surface waters of the
				  state, and address the form, source, amount, timing, and method of application
				  of nutrients of each field to achieve realistic production goals, while
				  minimizing nitrogen and phosphorus movement to surface waters of the state;
				  and
(2.) Appropriate flexibilities for any CAFO to implement
				  nutrient management practices to comply with technical standards, including
				  considerations 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.
(C) The director shall establish technical standards for
				  nutrient management plans by April 12, 2004.
(III) Manure and soil sampling.
(1.) Manure must be analyzed for nitrogen and phosphorus
				  content a minimum of once annually, and
(2.) The soil profile shall be analyzed a minimum of once
				  every five (5) years for phosphorus content. The results of these analyses are
				  to be used in determining application rates for manure, litter, and other
				  process wastewater.
(IV) Inspect land application equipment for leaks. The
				  operator must periodically inspect equipment used for land application of
				  manure, litter, or process wastewater.
(V) Setback requirements. Unless the CAFO exercises one of
				  the compliance alternatives provided for in Appendix G (j) (ii) (V) (i) or (j)
				  (ii) (V) (ii) of these regulations, manure, litter, and process wastewater may
				  not be applied closer than 100 feet to any down-gradient surface waters of the
				  state, open tile line intake structures, sinkholes, agricultural well heads, or
				  other conduits to surface waters of the state.
(1.) 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.
(2.) 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.
(k) Effluent Limitations Applicable to Horses and
				  Sheep.
(i) This paragraph applies to discharges resulting from the
				  production areas at horse and sheep CAFOs.
(ii) Except as provided in Section
				  8 of these regulations and subject to the
				  provisions of Appendix G (j) (iii) (C), any point source subject to this source
				  must have no discharge of process waste water pollutants to surface waters of
				  the state.
(iii) Process waste pollutants in the overflow may be
				  discharged to surface waters of the state whenever rainfall events, either
				  chronic or catastrophic, cause an overflow of process waste water from a
				  facility designed, constructed and operated to contain all process generated
				  waste waters plus the runoff from a 25-year, 24-hour rainfall event for the
				  location of the point source.
(l) Effluent limitations applicable to ducks.
(i) This paragraph applies to discharges resulting from the
				  production areas at dry lot and wet lot duck CAFOs.
(ii) Special definitions.
(A) "Dry lot" means a facility for growing ducks in
				  confinement with a dry litter floor cover and no access to swimming
				  areas.
(B) "Wet lot" means a confinement facility for raising ducks
				  which is open to the environment, has a small number of sheltered areas, and
				  with open water runs and swimming areas to which ducks have free access.
(iii) Except as provided in Section
				  8 of these regulations and subject to the
				  provisions of Appendix G (j) (iv) (C), any point source subject to this source
				  must have no discharge of process waste water pollutants to surface waters of
				  the state.
(iv) Process waste pollutants in the overflow may be
				  discharged to surface waters of the state whenever rainfall events, either
				  chronic or catastrophic, cause an overflow of process waste water from a
				  facility designed, constructed and operated to contain all process generated
				  waste waters plus the runoff from a 25-year, 24-hour rainfall event for the
				  location of the point source.
(m) Effluent limitations applicable to buffalo, dairy cows
				  and cattle other than veal calves.
(i) This paragraph applies to discharges resulting from the
				  production areas at the following types of CAFOs:
(A) Mature dairy cows (either milking or dry).
(B) Cattle other than mature dairy cows which includes, but
				  is not limited to heifers, steers, and bulls.
(C) Buffalo.
(ii) Except as provided in Section
				  8 of these regulations and subject to the
				  provisions of Appendix G (j) (iii) (C), any point source subject to this source
				  must meet the following limitations:
(A) There shall be no discharge of manure, litter, or process
				  wastewater pollutants into surface waters of the state from the CAFO production
				  area, except under the following conditions:
(I) Whenever precipitation causes an overflow of manure,
				  litter, or process wastewater, pollutants in the overflow may be discharged to
				  surface waters of the state provided:
(1.) 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.
(2.) The production area is operated in accordance with the
				  additional measures and records required by Appendix G (i) (iii) (B) and
				  Appendix G (m) (ii) (C) of these regulations.
(II) Voluntary alternative performance standards. Any CAFO
				  subject to Appendix G (m) of these regulations may request the administrator to
				  establish WYPDES 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 Appendix
				  G (m) (ii) (A) of these regulations.
(1.) Supporting information. In requesting site-specific
				  effluent limitations to be included in the WYPDES 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 (A through D above).
(2.) The administrator has the discretion to request
				  additional information to supplement the supporting technical analysis,
				  including inspection of the CAFO.
(III) The CAFO shall attain the limitations and requirements
				  of this paragraph as of the date of permit coverage.
(B) Discharges from land application areas are subject to the
				  following requirements:
(I) Develop and implement the best management practices
				  specified in Appendix G (j) (ii) of these regulations.
(II) Maintain the records specified in Appendix G (i) (iii)
				  (C) of these regulations.
(III) Attain the limitations and requirements for discharges
				  form land application areas as of the date of permit coverage.
(C) Additional measures. Each CAFO subject Appendix G (m) of
				  these regulations must implement the following requirements:
(I) Visual Inspections. There must be routine visual
				  inspections of the CAFO production area. At a minimum, the following must be
				  visually inspected:
(1.) Weekly inspections of all storm water diversion devices,
				  runoff diversion structures, and devices channeling contaminated storm water to
				  the wastewater and manure storage and containment structure;
(2.) Daily inspection of water lines, including drinking
				  water or cooling water lines and documented weekly at a minimum, for the
				  purpose of identifying leaks, corrosion, mechanical defects or other conditions
				  that may result in an inadvertent discharge from the facility;
(3.) 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 (E) (II) of this
				  appendix; and
(4.) The visual inspection requirements may be waived if
				  insurmountable or dangerous weather conditions exist and the weather conditions
				  justifying the waiver are documented.
(II) 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.
(III) Corrective actions. Any deficiencies found as a result
				  of these inspections must be corrected as soon as possible.
(IV) 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 Appendix G (m) (ii) (II) and approved by
				  the director are designed to handle mortalities.
(n) Effluent limitations applicable to swine, poultry, and
				  veal calves.
(i) This paragraph applies to discharges resulting from the
				  production areas at the following types of CAFOs:
(A) Swine,
(B) Chickens,
(C) Turkeys, and
(D) Veal calves.
(ii) Except as provided in Section
				  8 of these regulations, any point source
				  subject to this source must meet the following limitations.
(iii) There shall be no discharge of manure, litter, or
				  process wastewater pollutants into surface waters of the state from the CAFO
				  production area, except under the following conditions.
(A) Waste management and storage facilities are designed,
				  constructed, operated, and maintained to contain all manure, litter, and
				  process wastewater including the runoff and the direct precipitation from a
				  100-year, 24-hour rainfall event and operated in accordance with the additional
				  measures and records required by Appendix G (i) (iii) (B) and Appendix G (n)
				  (vi) (A) of these regulations.
(B) The production area is operated in accordance with
				  additional measures required by Appendix G (i) (iii) (B) and Appendix G (n)
				  (vi) of these regulations.
(C) The discharge is an upset/bypass consistent with the
				  provisions for upset/bypass, as provided in Section
				  5(c) (i) (Z)
				  and (AA) of these regulations.
(iv) Discharges from land application areas are subject to
				  the following requirements.
(A) Develop and implement the best management practices
				  specified in Appendix G (j) (ii) of these regulations.
(B) Maintain the records specified in Appendix G (i) (iii)
				  (C) of these regulations.
(C) Attain the limitations and requirements for discharges
				  from land application areas as of the date of permit coverage.
(v) Voluntary superior environmental performance standards.
				  Any new source CAFO subject to Appendix (G) (n) may request the director to
				  establish alternative WYPDES permit limitations based upon a demonstration that
				  site-specific innovative technologies will achieve overall environmental
				  performance across all media which is equal to or superior to the reductions
				  achieved by baseline standards as provided by Appendix G (n) (iii). The
				  quantity of pollutants discharged from the production area must be accompanied
				  by an equivalent or greater reduction in the quantity of pollutants released to
				  other media from the production area (e.g., air emissions from housing and
				  storage) and/or land application areas for all manure, litter, and process
				  wastewater at on-site and off-site locations. The comparison of quantity of
				  pollutants must be made on a mass basis where appropriate. The director has the
				  discretion to request supporting information to supplement such a
				  request.
(vi) Additional measures. Each CAFO subject to Appendix G (n)
				  of these regulations must implement the following requirements:
(A) 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 channeling 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 (E) (II) of this
				  appendix.
(B) 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 100-year, 24-hour rainfall
				  event.
(C) Corrective actions. Any deficiencies found as a result of
				  these inspections must be corrected as soon as possible.
(D) 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 Appendix G (n) (v) and approved by the
				  director are designed to handle mortalities.