Water Quality Control Rule Revision In Georgia

The Georgia Environmental Protection Division has proposed revisions to water quality control rules. The proposed amendments revise Rule 391-3-6-.20, (Swine Feeding Operation Permit Requirements) and Rule 391-3-6-.21 (Animal (Non-Swine) Feeding Operation Permit Requirements). The rule is being revised to primarily reflect changes in the federal regulations for animal feeding operations and a judicial decision (National Pork Producers Council et al. v. U.S. EPA, Case No. 08-61093, decision filed March 15, 2011). In this decision, the Fifth Circuit Court of Appeals overturned the requirement for Concentrated Animal Feeding Operations (CAFOs) that “propose to discharge” to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage. The result of the Fifth Circuit decision is that only CAFOs that actually discharge are subject to NPDES permit coverage.

The proposed rule amendments to the Swine Feeding Operation Permit Requirements clarify that the rule applies only to swine feeding operations with more than 3,000 animal units. The requirements for smaller swine feeding operations (less than 3,000 animal units), which are the same as those for other livestock, were moved to Rule 391-3-6-.21, Animal Feeding Operation Permit Requirements. The proposed rules also clarify who must obtain a CAFO NPDES permit and defines what constitutes a “Discharge from a CAFO”.

The proposed rule amendments to the Animal (Non-Swine) Feeding Operation Permit Requirements clarify that the rule applies to livestock feeding operations, but does not apply to swine feeding operations with more than 3000 animal units. Proposed rules rename comprehensive nutrient management plans as “Nutrient Management Plans” and require a public comment period for Nutrient Management Plans. Recently US Environmental Protection Agency (EPA) finalized revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for CAFOs, and required that the public have the opportunity for review and comment on nutrient management plans. The rule includes deadlines to submit a Nutrient Management Plan and for operator training and certification.

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