The Environmental Protection Agency (EPA ) has published a proposed rule concerning reporting requirements for Concentrated Animal Feeding Operations (CAFOs). Some large horse facilities, such as racetracks, training facilities, stables, shows, exhibitions, and fairgrounds are considered CAFOs and could be subject to the proposed reporting requirements.
Most horse farms, ranches, stables and shows are not considered CAFOs. The proposed rule does not change current EPA regulations concerning what constitutes a CAFO or permitting requirements, it only involves new information submission requirements.
EPA regulations concerning the Cleaning Water Act are very complex. Although these regulations do not affect most owners of small horse operations with under 150 horses, no horse operation that may be considered a CAFO should rely on this Washington Update to understand what is being proposed and what their obligations under current law and regulations maybe.
Owners and operators of any horse facility, be it a breeding farm, ranch, training facility, stable, race track, sale, horse show, fair or exhibition, should seek competent advice to ensure their fac ilities are in compliance with current EPA regulations and how any proposed regulatory changes could impact their operation.
This proposed rulemaking would apply to concentrated animal feeding operations (CAFOs) as defined in the National Pollutant Discharge Elimination System (NPDES) regulations at 40 CFR 122.23(b)(2), pursuant to section 502(14) of the Clean Water Act (``CWA''). An animal feeding operation (AFO) is a CAFO if it meets the regulatory definition of a Large or Medium CAFO (40 CFR 122.23 (b)(4) or (6)) or has been designated as a CAFO (40 CFR 122.23 (c)) by the NPDES permitting authority or by EPA. The following table provides the size thresholds for Large, Medium and Small CAFOs in the horse sector.
| CAFO | Number of horses |
|---|---|
| Large | 500 or more |
| Medium | 150 to 499 |
| Small | Less than 150 |