| Regulation | EPA proposed rule | Iowa |
|---|---|---|
| Type of Permit | NPDES | Construction/NPDES |
| Who has to get permit | CAFO | Construction permit for the animal feeding operation structure |
| Permit threshold | Three Tier Structure: All facilities with 1,000 animal units; All facilities with 300-1,000 animal units if cannot certify no hydrological connection to water Two Tier Structure: 500 animal units or above | Operation w/lagoon or basin, >200,000 pounds animal weight capacity, w/formed tank >625,000 pounds |
| Record keeping requirements | Yes | Drain tile removal, manure management records, nethod of manure application, location of field and acreage, application rate and date, record of inspection |
| Reporting and notification requirements | Yes | Yes |
| Permit conditions | Effluent limitations, schedules of compliance, non-numeric limitations. | Soil test information, state must give final authorization before using facility, engineer's certification must be submitted before use of facility. |
| Enforcement, availability of affirmative defenses to a spill | 25 years; 24 hour storm event, or chronic or catastrophic event for beef and dairy operations | No affirmative defense for confinement operations, but is available for open feedlots if rainfall exceeds 25 year, 24 hour storm event. |
| Who is liable | Co-permitting required if substantial operational control is exercised | Both owner and operator |
| Voluntary compliance program | N/A | Meetings with producers to explain requirements, based on geography |
| Floodplain restrictions | No | Structures are prohibited within 100 year flood plain |
| Separation distance to residences | No | 750 to 2500 feet depending on the size of the operaiton and type of manure storage |
| Separation distance to water wells | No | 100 to 1000 feet depending on the type of well and type of manure storage |
| Considerations of sufficient land to absorb nutrients | Site-specific permit nutrient plan for CAFOs based on phosphorus. States would determine measurement method for phosphorus | MMP must show sufficient land is available for manure applicaiton to not exceed the nitrogen requirements of crop |
| Air quality | No but emissions could be considered when permits are issued as a water quality issue | Design of anaerobic lagoons contains specific considerations |
| Facility expansion | Significant expansion required to have permit reauthorized | Must get construction permit for expansion and meet separation distances for the new size operation. |
| Water Use Restrictions | No | Water use must be for beneficial purpose, water can be denied if potential for water quality impacts exist. Water use permit required for uses >25,000 gpd. |
| Structure liner material and design | No | Soils must meet permeability requirements; liner must be 1 foot thick in clay soils, 2 feet thick in a liner needs to be imported; synthetic liners are allowed |
| Facility capacity/loading | Total containment | Must have two feet of freeboard to contain 25 year, 24 hour storm event |
| Buffers for structure | No | 200 feet from navigable waters, 500 feet from inlet of ag drainage well or sinkhole. |
| Building foundation | No | Specification for construction of concrete tanks |
| Distance from structure bottom to groundwater | No hydrologic connection allowed | 2 feet minimum for earthen lagoons and basins unless synthetic liner is used. |
| Lagoon seepage allowed | No | 1/16” per day at water depth of 6 feet |
| Well construction | No | Constructed according to use and geology to prevent groundwater contamination |
| Spills and emergencies | Beef, dairy—25-yr, 24-hr exemption; Swine, poultry—no storm exemption | No discharge to water of the state. Discharge must be reported—liability and cleanup rules apply |
| Inspections | Yes | Site inspection by DNR before permit is issued, complaint investigations, and regular inspections |
| Erosion control | Producers with highly erodible land must include conservation plan as part of permit nutrient plan | Land with slope of >10% should have erosion control practices in place. MMP must include conservation plan if manure application on highly erodible soils. |
| Runoff and leaching | Not in violation of permit if runoff occurred when properly applied to the land. No discharge from production facilities. Zero discharge to groundwater | No runoff from application allowed for manure from confinement manure storage. No runoff allowed from spray irrigation. |
| Buffers for manure application | 100 feet from surface water or conduit to surface water | 200 feet from designated water sources. Spray irrigaiton only—100 feet from property line, distances from residences. |
| Odor control | No | Spray irrigation must try to limit odor problems |
| Monitoring wells | Yes | DNR may require monitoring well on a case by case basis. |
| Promotion of manure sale and reuse | Option 1: Recipients must certify plan unless state plan in place. Option 2: No certification but CAFO operator must maintain records. | Sales of manure are allowed, must provide sales from identifying permitted application rates and keep sales records. |
| Biosecurity | Not addressed | DNR must follow bio-security requirements of the operation |
| Facility closure requirements | Permit nutrient plan and permit must be maintained until all manure is removed from a closed facility | Must empty manure storage within six months afer closure. |
| Requirements for public involvement in regulatory process | Yes | County supervisors, public may review the application and provide written input to the permit review process. A public hearing is required for all rule changes. |