Glossary

AFO (Animal Feeding Operation) Agricultural operations where livestock (chickens, dairy cows, hogs and beef cattle) are kept and raised in confined situations. AFOs confine animals, feed, manure, urine, dead animals, and production operations within a small land area. Feed is brought to the animals rather than the animals grazing or otherwise seeking feed in pastures or fields.^[2] Some states regulate AFOs, while others regulate only the largest_scale feedlots, known as CAFOs (see below). For the purposes of this report and in most regulatory programs, AFOs include operations that have fewer animal units (see below) than CAFOs. Although in practice it has not occurred, all CAFOs and a subset of AFOs linked to pollution problems should be regulated under Federal Clean Water Act NPDES permits (see below).^[3]

Agronomic Rates This is the rate at which manure can be applied so that it matches the nitrogen and phosphorus requirements of the crop. The rate is determined by evaluating the soils, the expected yield of the crop and the contributions made by nitrogen and phosphorus from other sources (such as crop residues and applied fertilizer).^[1]

Anaerobic Lagoon An impoundment designed to store and treat animal manure diluted with water. "A lagoon acts as a biological tank, in which the manure is partially decomposed before it is used on land as a fertilizer ... in the form of irrigation liquid."^[4] Lagoons are legally allowed to seep, and some have been associated with problems such as air and water pollution.

Animal Units A convention for "counting" animals to determine whether environmental rules apply. Under Clean Water Act regulations and many state permit programs, 1,000 animal units translates to: 1,000 slaughter and feeder cattle, 700 mature dairy cattle, 2,500 swine each weighing over 25 kilograms (approximately 55 pounds); 55,000 turkeys, 100,000 laying hens or broilers (with a continuous overflow watering system), 30,000 laying hens or broilers (with a liquid manure handling system), 500 horses, 10,000 sheep or lambs, or 5,000 ducks.^[5]

Best Management Practices Refers to farming practices, such as the proper handling of manure, used to protect water quality.

CAFO (Concentrated Animal Feeding Operation) For the purposes of this report, CAFOs are animal feeding operations with at least 1,000 animal units -- the equivalent of more than 1,000 head of cattle or 2,500 hogs. (See above for complete definition of animal units.) Not all types of CAFOs are regulated in every state. For example, many states regulate hog CAFOs, but not poultry CAFOs that rely on dry litter systems.

Eutrophication The process by which phosphorus and nitrogen over-enrich water bodies and cause them to become overgrown with algae, which may be toxic to aquatic life.

General Permits, Individual Permits General permits are Clean Water Act NPDES or state permits that establish terms for preventing water pollution on a statewide basis. Any eligible applicant that agrees to meet those terms is granted a permit. In contrast, individual Clean Water Act NPDES or state permits require that before a permit is issued, notice is provided to the public, public comment is allowed, permit terms are established based on site-specific conditions, and finally, in some cases, an inspection is required prior to permit issuance.

Impaired Waters Under the Clean Water Act, this term refers to waters polluted to a level that no longer fully supports the uses (such as boating, swimming or drinking water) designated by a state for that particular body of water.

Integrators Corporations that contract with smaller producers to raise livestock. Under these contracts, the corporation owns the animals, but the producer owns the buildings and the manure produced by the animals. Most of the producers, also known as "contractors" or "contract farmers," have contracts that offer them little control and leave them with scant financial resources. In 1995, the average salary of a broiler chicken contract grower was $16,000 a year.^[6]

Karst A type of geology characterized by soluble rocks where streams and floodwaters disappear underground and then flow through channels into surface waters. In karst regions, acidic rain can dissolve the limestone rocks and cause cracks or sinkholes. Since all water that falls upon the ground in regions of limestone bedrock eventually finds its way into underground channels, karst regions are particularly vulnerable to pollution from animal waste because pollutants seep quickly into the groundwater and springs underneath.

Nonpoint Sources Under the Clean Water Act, nonpoint sources include polluted runoff from farms, streets, parking lots, mining sites, etc. The Clean Water Act imposes no direct regulatory controls over these sources. Though case law defines manure runoff from a factory farm as a regulated "point source," many permit programs applicable to feedlots, regulate only the storage of liquid manure, and allow the land application of manure to be dealt with on a voluntary basis.

NPDES Permits (National Pollutant Discharge Elimination System Permits) These permits which are issued to industrial-sized "point" sources include conditions aimed at limiting water pollution. Forty-two states have been delegated authority by EPA to issue these Clean Water Act permits. These permits must meet national minimum standards (known as effluent guidelines). The current effluent guidelines for CAFOs require that CAFOs produce essentially no pollution -- known as "zero-discharge" -- except during an exceptional rainstorm -- one that is only likely to occur once every 25 years. NPDES permits also must assure the attainment of any applicable state- or tribe-established water quality standards. Where water quality standards are not attained, a process involving the calculation of the Total Maximum Daily Load of pollution in a stream (see below) is applicable, and NPDES permits must be revised to ensure that water quality standards will be attained.^[7]

Though the Clean Water Act has designated CAFOs as point sources required to obtain NPDES permits, in practice only a fraction of the CAFOs have obtained them. In lieu of or in some cases in addition to NPDES permits, many states have created their own permitting systems that may mirror some of the features of NPDES permits, but also may differ, for example, in the ability of citizens to file citizen suits to enforce the permits.

Nutrients Food for plants, generally nitrogen and phosphorus. While a certain amount of these substances is beneficial for aquatic life, excess nitrogen and phosphorus over-stimulate the growth of algae and aquatic weeds. A glut of these organisms can clog navigable waterways and make them unusable for swimmers and fishermen. As algae decomposes, it depletes the water's supply of oxygen, killing fish and other aquatic life that depend on a healthy level of oxygen. In rural areas, animal manure is a common source of pollution for nitrogen, phosphorus or both.

Pfiesteria Piscicida An organism that has been known to cause fish kills and lesions in fish in coastal waters from Delaware to Florida. Water or water vapor containing this microbe can also produce the following symptoms in humans: skin irritation and lesions, gastrointestinal problems, short-term memory loss and other cognitive impairments.^[8]

Point Sources Under the Clean Water Act, point sources of pollution include industrial facilities, municipal sewage treatment plants and combined sewer overflows. Under the Clean Water Act, point sources are required to obtain permits, known as National Pollutant Discharge Elimination System permits. The Clean Water Act defines feedlots as point sources, but loopholes and a lack of focus on this type of facility have often left feedlots out of this definition.

Surface Waters The Clean Water Act protects "waters of the United States," including all waters that are or could be used for such purposes as recreation, fishing, swimming, agriculture, industry, etc. Lakes, streams, tidal waters, estuaries, and other waters that flow on the surface of the land are covered, including waters that flow only part of the year. Wetlands are also protected. Groundwater (water that flows under the surface of the land in underground rock formations) comes under the Clean Water Act when it is `hydrologically connected' to these surface waters. The reason: under the Constitution, the Clean Water Act reaches only waters that could play a role in interstate or foreign commerce.

Total Maximum Daily Load (TMDL) Under the Clean Water Act, a TMDL identifies the amount of a particular pollutant a stream can handle without violating water quality standards. States are required to distribute this allowable pollution load, the total maximum daily load of pollution, among polluters.

Zero Discharge Permits Zero discharge permits are permits which are designed to meet the following standard for feedlots under the Clean Water Act: facilities must be designed, constructed and operated to keep wastewater from overflowing except during the largest 24-hour rainfall that occurs on the average of once every 25 years (the 25-year, 24-hour storm event).^[9] However, while many permits require "zero discharge," few require any water quality monitoring or reporting to demonstrate compliance with this standard.

Notes

1. Code of Best Agricultural Practice, European Fertilizer Manufacturers Association (www.efma.org/environment/use/sction01.asp).

2. U.S. Department of Agriculture and U.S. Environmental Protection Agency, Draft Unified National Strategy for Animal Feeding Operations, Washington, D.C. (September 11, 1998), p. 2.

3. U.S. Department of Agriculture and U.S. Environmental Protection Agency, Draft Unified National Strategy for Animal Feeding Operations, Washington, D.C. (September 11, 1998), pp. 16, 17.

4. Iowa State University fact sheet, "Design and Management of Anaerobic Lagoons in Iowa for Animal Manure Storage and Treatment," University Extension, Ames, Iowa, AE-3089 (October 1994).

5. 40 CFR Part 412.10, "Feedlots Point Source Category" (1974).

6. "Farmer Net Income From Broiler Contracts," Rural Advancement Foundation International (March 1995).

7. U.S. Department of Agriculture and U.S. Environmental Protection Agency, Draft Unified National Strategy for Animal Feeding Operations, Washington, D.C. (September 11, 1998), p. 13.

8. U.S. Environmental Protection Agency, et al., "What You Should Know About Pfiesteria Piscicida" Fact Sheet (June 1998).

9. Iowa Department of Natural Resources, Environmental Regulations and Guidelines for Animal Feeding Operations in Iowa, Des Moines, Iowa (March 1992), p. 2.