West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-13 - Special NPDES Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Concentrated animal feeding operations.
13.1.a. Concentrated animal feeding
				operations (CAFOs), as defined in subdivision 13.1.b. or designated in
				accordance with subdivision 13.1.c. of this rule, are point sources subject to
				NPDES permitting requirements as provided herein. Once an animal feeding
				operation is defined as a CAFO for at least one (1) type of animal, the NPDES
				requirements for CAFOs apply with respect to all animals in confinement at the
				operation and all manure, litter or process wastewater generated by those
				animals or the production of those animals, regardless of the type of
				animal.
13.1.b. Definitions
				applicable to this section:
13.1.b.1. "Animal
				feeding operation" ("AFO") means a lot or facility, other than an aquatic
				animal production facility, where the following conditions are met:
13.1.b.1.A. Animals other than aquatic
				animals have been, are or will be stabled or confined and fed or maintained for
				a total of forty-five (45) days or more in any twelve (12) month period;
				and
13.1.b.1.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.
13.1.b.2. "Concentrated animal feeding
				operation" ("CAFO") means an AFO that is defined or designated as a Large CAFO
				or as a Medium CAFO by the terms of this rule. Two or more AFOs under common
				ownership are considered to be a single AFO for the purposes of determining the
				number of animals at an operation if they adjoin each other or if they use a
				common area or system for the disposal of wastes.
13.1.b.3. "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.
13.1.b.4.
				"Large concentrated animal feeding operation" ("Large CAFO") means an AFO that:
13.1.b.4.A. Stables or confines as many as or
				more than the number of animals specified in any of the following categories:
13.1.b.4.A.1. Seven hundred (700) mature
				dairy cows, whether milked or dry;
13.1.b.4.A.2. One thousand (1,000) veal
				calves;
13.1.b.4.A.3. One thousand
				(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;
13.1.b.4.A.4. Two thousand five hundred
				(2,500) swine, each weighing fifty-five (55) pounds or more;
13.1.b.4.A.5. Ten thousand (10,000) swine,
				each weighing less than fifty-five (55) pounds;
13.1.b.4.A.6. Five hundred (500)
				horses;
13.1.b.4.A.7. Ten thousand
				(10,000) sheep or lambs;
13.1.b.4.A.8. Fifty-five thousand (55,000)
				turkeys;
13.1.b.4.A.9. Thirty
				thousand (30,000) laying hens or broilers, if the AFO uses a liquid manure
				handling system;
13.1.b.4.A.10. One
				hundred twenty-five thousand (125,000) chickens other than laying hens, if the
				AFO uses other than a liquid manure handling system;
13.1.b.4.A.11. Eighty-two thousand (82,000)
				laying hens, if the AFO uses other than a liquid manure handling
				system;
13.1.b.4.A.12. Thirty
				thousand (30,000) ducks, if the AFO uses other than a liquid manure handling
				system; or
13.1.b.4.A.13. Five
				thousand (5,000) ducks, if the AFO uses a liquid manure handling
				system).
13.1.b.5. "Manure" is defined to include
				manure, bedding, compost and raw materials or other materials commingled with
				manure or set aside for disposal.
13.1.b.6. "Medium concentrated animal feeding
				operation" ("Medium CAFO") means an AFO that:
13.1.b.6.A. Stables or confines the type and
				number of animals that fall within the following ranges:
13.1.b.6.A.1. Two hundred (200) to six
				hundred ninety-nine (699) mature dairy cows, whether milked or dry;
13.1.b.6.A.2. Three hundred (300) to nine
				hundred ninety-nine (999) veal calves;
13.1.b.6.A.3. Three hundred (300) to nine
				hundred ninety-nine (999) cattle other than mature dairy cows or veal calves.
				Cattle includes but is not limited to heifers, steers, bulls, and cow/calf
				pairs;
13.1.b.6.A.4. Seven hundred
				fifty (750) to two thousand four hundred ninety-nine (2,499) swine, each
				weighing fifty-five (55) pounds or more;
13.1.b.6.A.5. Three thousand (3,000) to nine
				thousand nine hundred ninety-nine (9,999) swine, each weighing less than
				fifty-five (55) pounds;
13.1.b.6.A.6. One hundred fifty (150) to four
				hundred ninety-nine (499) horses;
13.1.b.6.A.7. Three thousand (3,000) to nine
				thousand nine hundred ninety-nine (9,999) sheep or lambs;
13.1.b.6.A.8. Sixteen thousand five hundred
				(16,500) to fifty-four thousand nine hundred ninety-nine (54,999)
				turkeys;
13.1.b.6.A.9. Nine
				thousand (9,000) to twenty-nine thousand nine hundred ninety-nine (29,999)
				laying hens or broilers, if the AFO uses a liquid manure handling
				system;
13.1.b.6.A.10. Thirty-seven
				thousand five hundred (37,500) to one hundred twenty-four thousand nine hundred
				ninety-nine (124,999) chickens other than laying hens, if the AFO uses other
				than a liquid manure handling system;
13.1.b.6.A.11. Twenty-five thousand (25,000)
				to eighty-one thousand nine hundred ninety-nine (81,999) laying hens, if the
				AFO uses other than a liquid manure handling system;
13.1.b.6.A.12. Ten thousand (10,000) to
				twenty-nine thousand nine hundred ninety-nine (29,999) ducks, if the AFO uses
				other than a liquid manure handling system; or
13.1.b.6.A.13. One thousand five hundred
				(1,500) to four thousand nine hundred ninety-nine (4,999) ducks, if the AFO
				uses a liquid manure handling system; and
13.1.b.6.B. Either one of the following
				conditions is met:
13.1.b.6.B.1. Pollutants
				are discharged into waters of West Virginia through a man-made ditch, flushing
				system or other similar man-made device; or
13.1.b.6.B.2. Pollutants are discharged
				directly into waters of West Virginia that originate outside of and pass over,
				across or through the facility or otherwise come into direct contact with the
				animals confined in the operation.
13.1.b.7. "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 that comes into contact with any raw
				materials, products or byproducts, including manure, litter, feed, milk, eggs
				or bedding.
13.1.b.8. "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 that 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.
13.1.b.9. "Small concentrated animal feeding
				operation" ("Small CAFO") means an AFO that is designated as a CAFO and is not
				a Medium CAFO as defined above.
13.1.c. The appropriate authority
				(
i.e.
, Director or Regional Administrator or both, as
				specified in paragraph 13.1.c.1. below) may designate any AFO as a CAFO upon
				determining that it is a significant contributor of pollutants to the waters of
				West Virginia.
13.1.c.1. CAFO designations
				shall be made by the Director. The Regional Administrator may also designate
				CAFOs, but only where the Regional Administrator has determined that one or
				more pollutants in the AFO's discharge contributes to an impairment in a
				downstream or adjacent State or Indian country water that is impaired for that
				pollutant.
13.1.c.2. In making this
				designation, the Director or the Regional Administrator shall consider the
				following factors:
13.1.c.2.A. The size of the
				AFO and the amount of waste reaching the waters of West Virginia;
13.1.c.2.B. The location of the AFO relative
				to the waters of West Virginia;
13.1.c.2.C. The means of conveyance of animal
				wastes and process wastewaters into the waters of West Virginia;
13.1.c.2.D. The slope, vegetation, rainfall,
				and other factors affecting the likelihood or frequency of discharge of animal
				wastes, manure, and process wastewaters into the waters of West Virginia;
				and
13.1.c.2.E. Other relevant
				factors.
13.1.c.3. No
				AFO shall be designated under this section 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 permit
				program. In addition, no AFO with numbers of animals below those established in
				paragraph 13.1.b.6 of this rule may be designated as a CAFO unless:
13.1.c.3.A. Pollutants are discharged into
				the waters of West Virginia through a manmade ditch, flushing system or other
				similar manmade device; or
13.1.c.3.B. Pollutants are discharged
				directly into the waters of West Virginia that 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.
13.1.d. Permit Requirement.
13.1.d.1. The owner or operator of a CAFO
				must apply for an individual NPDES permit if the CAFO discharges or proposes to
				discharge into the waters of West Virginia. A CAFO proposes to discharge if it
				is designed, constructed, operated or maintained such that a discharge will
				occur.
13.1.d.2. A permit
				application for an individual permit must include the information specified in
				paragraph 4.4.c.1 above.
13.1.e. Land application discharges from a
				CAFO are subject to NPDES requirements. The discharge of manure, litter or
				process wastewater to waters of West Virginia from a CAFO as a result of the
				application of manure, litter or process wastewater by the CAFO to land areas
				under its control is a discharge from that CAFO subject to NPDES permit
				requirements, except where it is an agricultural storm water discharge as
				provided in 33 U.S.C. '1362(14). For purposes of this paragraph, 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, 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.
13.1.e.1. For unpermitted
				Large CAFOs, a precipitation-related discharge of manure, litter or process
				wastewater from land areas under the control of the CAFO shall be considered an
				agricultural storm water discharge only where the manure, litter or process
				wastewater has been land 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
				subparagraphs 13.1.h.1.A through 13.1.h.1.I below.
13.1.e.2. Unpermitted Large CAFOs must
				maintain documentation specified in subparagraph 13.1.h.1.I. below, either on
				site or at a nearby office or otherwise make such documentation readily
				available to the Director or Regional Administrator upon request.
13.1.f. Any CAFO that is required
				to seek permit coverage under paragraph 13.1.d.1 of this rule must seek
				coverage when the CAFO proposes to discharge.
13.1.f.1. New sources. -- The owner or
				operator of a new source must seek to obtain coverage under a permit at least
				one hundred eighty (180) days prior to the time that the CAFO commences
				operation.
13.1.f.2. Expansion of
				AFO to CAFO. -- For other operations (
e.g.
resulting from an
				increase in the number of animals), the owner or operator must seek to obtain
				coverage under a permit as soon as possible, but no later than ninety (90) days
				after becoming defined as a CAFO.
13.1.f.3. Operations that are designated as
				CAFOs. -- For an operation designated as a CAFO in accordance with subdivision
				13.1.c. above, the owner or operator must seek to obtain a permit no later than
				ninety (90) days after receiving notice of the designation.
13.1.g. Duty to Maintain Permit
				Coverage. -- No later than one hundred eighty (180) days before the expiration
				of the permit, or as provided by the Director, any permitted CAFO must submit
				an application to renew its permit in accordance with paragraph 4.4.c.1 of this
				rule, unless the CAFO will not discharge or propose to discharge upon
				expiration of the permit.
13.1.h.
				Additional conditions applicable to NPDES permits issued to CAFOs. -- Any
				permit issued to a CAFO must include the following:
13.1.h.1. Requirement to implement a nutrient
				management plan. -- Any permit issued to a CAFO must include a requirement to
				implement a nutrient management plan (NMP) that, at a minimum, contains BMPs
				necessary to meet the requirements of this section and applicable effluent
				limitations and standards, including those specified in 40 C.F.R. '412. The NMP
				must, to the extent applicable:
13.1.h.1.A.
				Ensure adequate storage of manure, litter, and process wastewater, including
				procedures to ensure proper operation and maintenance of the storage
				facilities;
13.1.h.1.B. Ensure
				proper management of mortalities (
i.e.
dead animals) to make
				certain that 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;
13.1.h.1.C. Ensure that clean water is
				diverted, as appropriate, from the production area;
13.1.h.1.D. Prevent direct contact of
				confined animals with waters of West Virginia;
13.1.h.1.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 such system is
				specifically designed to treat such chemicals and other contaminants;
13.1.h.1.F. Identify appropriate
				site-specific conservation practices to be implemented, including as
				appropriate buffers or equivalent practices to control runoff of pollutants
				into the waters of West Virginia;
13.1.h.1.G. Identify protocols for
				appropriate testing of manure, litter, process wastewater, and soil;
13.1.h.1.H. Establish protocols to land-apply
				manure, litter and/or process wastewater in accordance with site-specific
				nutrient management practices that ensure appropriate agricultural utilization
				of the nutrients in the manure, litter and/or process wastewater; and
13.1.h.1.I. Identify specific records that
				will be maintained to document the implementation and management of the minimum
				elements described hereinabove.
13.1.h.2. Recordkeeping requirements.
13.1.h.2.A. The permittee must create,
				maintain for five (5) years, and make available to the Director upon request
				the following records:
13.1.h.2.A.1. All
				applicable records identified in subparagraph 13.1.h.1.I above;
13.1.h.2.A.2. In addition, all CAFOs subject
				to 40 C.F.R. '412 must comply with the recordkeeping requirements of 40 C.F.R.
				''412.37(b) and (c) and 40 C.F.R. ''412.47(b) and (c).
13.1.h.2.B. A copy of the CAFO's
				site-specific NMP must be maintained on site and made available to the Director
				upon request.
13.1.h.3.
				Requirements relating to the 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 the requirements of 40 C.F.R. '412. Large
				CAFOs must retain for five (5) years records of the recipient's name and
				address, approximate amount of manure, litter or process wastewater
				transferred, and the date of the transfer.
13.1.h.4. Annual reporting requirements for
				CAFOs. The permittee must submit an annual report to the Director, which must
				include:
13.1.h.4.A. The number and type of
				animals, as listed in paragraphs 13.1.b.4 and 13.1.b.6 above, whether in open
				confinement or housed under roof;
13.1.h.4.B. The estimated amount of total
				manure, litter or process wastewater generated by the CAFO in the previous
				twelve (12) months, measured in tons or gallons;
13.1.h.4.C. The estimated amount of total
				manure, litter or process wastewater transferred to another person by the CAFO
				in the previous twelve (12) months, measured in tons or gallons;
13.1.h.4.D. The total number of acres of land
				application covered by the NMP developed in accordance with this
				rule;
13.1.h.4.E. The total number
				of acres under the control of the CAFO that were used for land application of
				manure, litter or process wastewater in the previous twelve (12)
				months;
13.1.h.4.F. A summary of
				all manure, litter or process wastewater discharges from the production area in
				the previous twelve (12) months, including date, time, and approximate
				volume;
13.1.h.4.G. A statement
				indicating whether the current version of the CAFO's NMP was developed or
				approved by a certified nutrient management planner; and
13.1.h.4.H. The actual crop(s) planted and
				actual yield(s) for each field, the actual nitrogen and phosphorus content of
				the manure, litter or process wastewater, the results of calculations conducted
				in accordance with parts 13.1.h.5.A.2 and 13.1.h.5.B.4 below, and the amount of
				manure, litter or process wastewater applied to each field during the previous
				twelve (12) months; and, for any CAFO that implements a NMP that addresses
				rates of application in accordance with subparagraph 13.1.h.5.B of this rule,
				the results of any soil testing for nitrogen or phosphorus taken during the
				preceding twelve (12) months, the data used in calculations conducted in
				accordance with part 13.1.h.5.B.4 below, and the amount of any supplemental
				fertilizer applied during the previous twelve (12) months.
13.1.h.5. Terms of the NMP. -- Any permit
				issued to a CAFO must require compliance with the terms of the CAFO's
				site-specific NMP. The terms of the NMP are the information, protocols, BMPs,
				and other conditions determined by the Director to be necessary to meet the
				requirements of paragraph 13.1.h.1 above. The terms of the NMP with respect to
				protocols for land application of manure, litter or process wastewater required
				by subparagraph 13.1.h.1.H above and, if applicable, 40 C.F.R. '412.4(c), must
				include the fields available for land application; field-specific rates of
				application, properly developed in accordance with subparagraphs 13.1.h.5.A
				through 13.1.h.5.B below, to ensure appropriate agricultural utilization of the
				nutrients in the manure, litter or process wastewater; and any timing
				limitations identified in the NMP concerning land application on the fields
				available for such use. The terms must address rates of application using one
				of the following two approaches, unless the Director specifies that a certain
				approach must be used:
13.1.h.5.A. Linear
				approach. -- An approach that expresses rates of application as pounds of
				nitrogen and phosphorus, according to the following specifications:
13.1.h.5.A.1. The terms include maximum
				application rates from manure, litter or process wastewater for each year of
				permit coverage for each crop identified in the NMP, in chemical forms
				determined to be acceptable to the Director, in pounds per acre per year for
				each field to be used for land application, and certain factors necessary to
				determine such rates. At a minimum, the factors that are terms must include:
				the outcome of the field-specific assessment of the potential for nitrogen and
				phosphorus transport from each field; the crops to be planted in each field or
				any other uses of a field, such as pasture or fallow fields; the realistic
				yield goal for each crop or use identified for each field; the nitrogen and
				phosphorus recommendations from sources specified by the Director for each crop
				or use identified for each field; credits for all nitrogen in the field that
				will be plant-available; consideration of multi-year phosphorus application;
				and accounting for all other additions of plant-available nitrogen and
				phosphorus to the field. In addition, the terms include the form and source of
				manure, litter or process wastewater to be land-applied; the timing and method
				of land application; and the methodology by which the NMP accounts for the
				amount of nitrogen and phosphorus in the manure, litter, and process wastewater
				to be applied.
13.1.h.5.A.2. Large
				CAFOs that use this approach must calculate the maximum amount of manure,
				litter or process wastewater to be land-applied at least once each year, using
				the results of the most recent representative manure, litter or process
				wastewater tests for nitrogen and phosphorus taken within twelve (12) months of
				the date of land application.
13.1.h.5.B. Narrative rate approach. -- An
				approach that expresses rates of application as a narrative rate of application
				that results in the amount in tons or gallons of manure, litter or process
				wastewater to be land-applied, according to the following specifications:
13.1.h.5.B.1. The terms include maximum
				amounts of nitrogen and phosphorus derived from all sources of nutrients for
				each crop identified in the NMP, in chemical forms determined to be acceptable
				to the Director, in pounds per acre for each field, and certain factors
				necessary to determine such amounts. At a minimum, the factors that are terms
				must include: the outcome of the field-specific assessment of the potential for
				nitrogen and phosphorus transport from each field; the crops to be planted in
				each field or any other uses of a field, such as pasture or fallow fields
				(including alternative crops identified in part 13.1.h.5.B.2 below); the
				realistic yield goal for each crop or use identified for each field; and the
				nitrogen and phosphorus recommendations from sources specified by the Director
				for each crop or use identified for each field. In addition, the terms include
				the methodology by which the NMP accounts for the following factors when
				calculating the amounts of manure, litter or process wastewater to be land
				applied: results of soil tests conducted in accordance with protocols
				identified in the NMP required by subparagraph 13.1.h.1.G of this rule; credits
				for all nitrogen in the field that will be plant-available; the amount of
				nitrogen and phosphorus in the manure, litter or process wastewater to be
				applied; consideration of multi-year phosphorus application; accounting for all
				other additions of plant-available nitrogen and phosphorus to the field; the
				form and source of manure, litter, and process wastewater; the timing and
				method of land application; and volatilization of nitrogen and mineralization
				of organic nitrogen.
13.1.h.5.B.2.
				The terms of the NMP include alternative crops identified in the CAFO's NMP
				that are not in the planned crop rotation. Where a CAFO includes alternative
				crops in its nutrient management plan, the crops must be listed in field, in
				addition to the crops identified in the planned crop rotation for that field,
				and the NMP must include realistic crop yield goals and the nitrogen and
				phosphorus recommendations from sources specified by the Director for each
				crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients
				and the amounts of manure, litter and/or process wastewater to be applied must
				be determined in accordance with the methodology described in part 13.1.h.5.B.1
				above.
13.1.h.5.B.3. For CAFOs
				using this approach, the following projections must be included in the NMP
				submitted to the Director, but are not terms of the NMP the CAFO's planned crop
				rotations for each field for the period of permit coverage; the projected
				amount of manure, litter or process wastewater to be applied; projected credits
				for all nitrogen in the field that will be plant-available; consideration of
				multi-year phosphorus application; accounting for all other additions of
				plant-available nitrogen and phosphorus to the field; and the predicted form,
				source, and method of application of manure, litter or process wastewater for
				each crop. Timing of application for each field, insofar as it concerns the
				calculation of rates of application, is not a term of the NMP.
13.1.h.5.B.4. CAFOs that use this approach
				must calculate maximum amounts of manure, litter or process wastewater to be
				land-applied at least once each year, using the methodology required by part
				13.1.h.5.B.1 above, before land-applying manure, litter or process wastewater
				and must rely on the following data:
13.1.h.5.B.4.a. A field-specific
				determination of soil levels of nitrogen and phosphorus, including for nitrogen
				a concurrent determination of nitrogen that will be plant-available consistent
				with the methodology required by part 13.1.h.5.B.1 above, and for phosphorus,
				the results of the most recent soil test conducted in accordance with soil
				testing requirements approved by the Director; and
13.1.h.5.B.4.b. The results of most recent
				representative manure, litter or process wastewater tests for nitrogen and
				phosphorus, taken within twelve (12) months of the date of land application, in
				order to determine the amount of nitrogen and phosphorus in the manure, litter
				or process wastewater to be applied.
13.1.h.6. Changes to a NMP. -- Any permit
				issued to a CAFO must require the following procedures to apply when a CAFO
				owner or operator makes changes to the NMP previously submitted to the
				Director:
13.1.h.6.A. The CAFO owner or
				operator must provide the Director with the most current version of the its NMP
				and identify changes from the previous version, except that the results of
				calculations made in accordance with the requirements of parts 13.1.h.5.A.2 and
				13.1.h.5.B.4 of this rule are not subject to the requirements of paragraph
				13.1.h.6.
13.1.h.6.B. The Director
				must review the revised NMP to ensure that it meets the requirements of this
				section and applicable effluent limitations and standards, including those
				specified in 40 C.F.R. '412, and must determine whether the changes to the NMP
				necessitate revision to the terms of the NMP incorporated into the permit
				issued to the CAFO. If revision to the terms of the NMP is not necessary, the
				Director must notify the CAFO owner or operator and, upon such notification,
				the CAFO may implement the revised NMP. If revision to the terms of the NMP is
				necessary, the Director must determine whether such changes are substantial
				changes as described in subparagraph 13.1.h.6.C below.
13.1.h.6.B.1. If the Director determines that
				the changes to the terms of the NMP are not substantial, the Director must make
				the revised NMP publicly available and include in it the permit record, revise
				the terms of the NMP, notify the owner or operator, and inform the public of
				any changes to the terms of the NMP that are incorporated into the
				permit.
13.1.h.6.B.2. If the
				Director determines that the changes to the terms of the NMP are substantial,
				the Director must notify the public and make the proposed changes and the
				information submitted by the CAFO owner or operator available for public review
				and comment. The process for public comments, hearing requests, the hearing
				process, if a hearing is held, and revisions to the CAFO's permit must follow
				the procedures applicable to draft permits set forth in sections 10 and 12
				above. Once the Director incorporates the revised terms of the NMP into the
				permit, the Director must notify the owner or operator and inform the public of
				the final decision concerning revisions to the terms and conditions of the
				permit.
13.1.h.6.C.
				Substantial changes to the terms of a NMP incorporated as terms and conditions
				of a permit include, but are not limited to:
13.1.h.6.C.1. Addition of new land
				application areas not previously included in the CAFO's NMP. Except that if the
				land application area that is being added to the NMP is covered by terms of a
				NMP incorporated into an existing NPDES permit in accordance with the
				requirements of paragraph 13.1.h.5 above, and the CAFO owner or operator
				applies manure, litter or process wastewater on the newly added land
				application area in accordance with the existing field-specific permit terms
				applicable to the newly added land application area, such addition of new land
				would be a change to the new CAFO owner or operator's NMP, but not a
				substantial change for purposes of this section;
13.1.h.6.C.2. Any changes to the
				field-specific maximum annual rates for land application as set forth in
				subparagraph 13.1.h.5.A above, and to the maximum amounts of nitrogen and
				phosphorus derived from all sources for each crop as set forth in
				subparagraph13.1.h.5.B above;
13.1.h.6.C.3. Addition of any crop or other
				uses not included in the terms of the CAFO's NMP and corresponding
				field-specific rates of application expressed in accordance with paragraph
				13.1.h.5 of this rule; and
13.1.h.6.C.4. Changes to site-specific
				components of the CAFO's NMP, where such changes are likely to increase the
				risk of nitrogen and phosphorus transport to the waters of West
				Virginia.