A:   U.S. Environmental Protection Agency (EPA) rules that took effect April 14, 2003 identified the procedures for defining animal feeding operations (AFOs) as well as concentrated animal feeding operations (CAFOs). CAFOs are required to obtain a National Pollutant Discharge Elimination System (NPDES) permit from Nebraska Department of Environment Quality. For Nebraska, the adoption of these rules into Title 130 changed the definition of an animal feeding operation to be more inclusive. In particular, pasture based systems previously exempted may now be classified as an AFO if they operate an area of temporary confinement. AFOs must request an inspection and may need an NPDES permit.

Title 130 currently states that: “Animal feeding operation means a location where beef cattle, dairy cattle, horses, swine, sheep, poultry, or other livestock have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the location.”

The shortening of the period of confinement and a subtle change in vegetation requirements in confined area (sustained vegetation or residues vs. not used for growing crops or vegetation) will require many pasture based operations to request an inspection that previously had not anticipated such an expectation. This would not have been an issue if Title 130 had not included a penalty for a late request for an inspection of $50 (small and medium AFOs) to $500 (large AFOs) per month, possibly extending back to January 1, 2000.

In the 2007 Unicameral session, LB 677 was passed to give cow/calf operators and other pasture based systems recently defined as an AFO until Jan. 1, 2009 to request an inspection of their facilities without incurring late fees. Inspections determine if an AFO is also a CAFO, requiring NPDES permit. Late fees still apply for all other AFOs (defined as a AFO prior to 2004 by Title 130) who had not requested an inspection prior to Jan. 1, 2000. In the future, late fees will apply to pasture operations that do not request an inspection by the new deadline.

Classification of a livestock facility as an AFO, triggering the need for an inspection request, does not automatically trigger the need for an NPDES permit. For additional information on the need for an inspection and the possible need for an NPDES permit, see the attached file.