Document Yr0B5e8Z9ExDqy2nnmoQpGadV

IATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, i l 80604-3580 MAR REPLY TO THR;TRRTiOKi OF: WN-16J Mr. Mark D. Aquino Director, Office of Business Support and Science 101 South Webster Street Wi sconsi n. Department of Natural Reso urces PC) Box 7921 Madison, WI 53707-7921 Subject: CAFO Vegetative Treatment Areas Dear Mr. Aquino: In iei.pei*so to recent discussions between Region 5. Water Enforcement and CompFanee Assurance Branch, and Wisconsin Department o f Natural Rcsuurees, Pa moil' Management Secii m litis letter is intended to clarify the application of JIPA's Effluent Limitations Guideline tF (I i ' h t oncenfrated animal feeding operations (C'A bO X More specifically. .Region 5 is cUnA no, lunv this ELG applies to vegetative treatment areas (VLAsj associated with feed sieruue mens at CAFOs. The federal D ,0 prohibits the discharge of mam e. litter, or process waste outer pollutants from production areas at Large CAFOs that are subject to 40 GFR Pan 412 Subpart C cu D, Into water? of the United States. An exception arises when, subject to additional conditions, a discharge is caused by precipitation and consists o f an overflow from a siiutiure that is designed, constructed, operated, and maintained to contain all manure, litter, and process waste vt aler including die runoff and dneU precipitation from a 25wear. 24-bour rainfall event, 40 CFR 4; 2.2tgL 41 2.31 (a g l h 4l2.x2(ai. 412A )iai; 412.35(37 4 f 2,42(3 i. 412.44(a), and 412.45(a). ^ feed storage areas are paid of "be production area at CAFOs. and process wastewater includes any water which comes in contact with, among other things, feed, thus the discharge c f process wastewater pollutants in runoff from the feed storage area at a CAFO is subject to the '"no discharge" performance standard requirement of tec F.l.G. Region 5 is concerned that the use o f V I As and the design standards for VTA< established in a Natural Rc-sr.u,'ces Conservation Service (NRCS) Conservation Practice Standard does not ensure that the required levc of performance is being achieved. During compliance evaluation inspections at Wisconsin CAFOs. Region 5 has documented discharges of manure bnen and process wastewater pollutants from VTAs to waters oi the United States, These discharges are not compliant with the federal HLG or Wisconsin Administrative Code nor are such discharges authorized by the Wisconsin Pollutant Discharge n e e iiU s d /R s c y c O L K Prinby OB) VygOabiy Oil Brse;: Lite gn 1CQ% Rgbpytey; Pgpyr (TOW. pysLC W xoriyf) Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068078-00001 Region 5 is finding that CAFC's in Wisconsin are designing VTA? to meet design standards established by NRC'S. Based on inspections and field observations, it cons not appear to Region 5 that VTAs oi the NRCS design standards tor VTAs ensure that the required "no discharge" level o f performance established In the federal T L o is being achieved. To the extent that any VTAs are to he used at Large CA FO sio control runoff of process wastewater pollutants from the production area whether alone or in conjunction with other control technologies or methods ), the VTAs need to be designed, constructed, operated and maintained to achieve compliance with the ``no discharge" performance standard requirement of the ELG. Review of VTA designs must focus on meeting the L (j performance standard and not just the NRCS design standards. This review should consider operation of the VTA under various conditions such as. but not limited to. when iK gwund is saturated or frozen, freeze* thaw conditions, likelihood of sufficient winlet \egeuuim,, and accumulation of nutrients and other poiii.tan.; over time. A CAFO may also request that an alternative performance standard be established in its WPDES permit for its VTA. The alternative performance standard is a separate and distinct exception to the performance based RLG that authorizes a discharge of process wastewater based on a site-specific demonstration. 40 CFR. f - 12.31ta/t2t anJ NR 243213(2 t(b). For additional EPA guidance on this subject see the ! Duo-mI Pollutant Discharge Elimination System Permit Writers' Manual for Concentrated .Animal Fceding operations. Appendix F ("Voluntary Alternative Performance Standards for CAHAsN. If you have any additional questions concerning this matter please feel free to contact me directly. Your staff may also contact either Cne-p 1Burdett or Juliamie Socha. o f m y staff, at (BE:-R5<6-1463 or (312) 886-4436. respectively. Sincerely Tmka G Hyde Director, Water .Division cc: Pamela Riersaeh. Director. Bt mau o f Watershed Management Mary Anno I .owndes. Abu t k n o ff Management Section Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068078-00002