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NR 243 Animal Feeding Operation Rule Revisions

Overview
Additional Information


The Wisconsin Department of Natural Resources has recently completed revisions to NR 243, the state's rule outlining water quality regulations that primarily impact larger-scale livestock operations. After extensive public review and comment as well as approval from the Natural Resources Board and review by the state's Senate and Assembly agricultural committees, proposed revisions to the rule have now become final and will be promulgated this spring. The finalized revisions to NR 243 are a very important step forward in addressing water quality impacts from livestock operations. In addition, the revised rule will more clearly specify performance expectations for larger-scale livestock operations and let operators who are required to obtain a water quality protection permit from the Department know what requirements will apply to them.

Overview

holstein We all want clean water, good fishing and prosperous farms. Our revised rules apply only to Wisconsin's largest farms (currently around 160 operations), and most of them already take the necessary steps to prevent manure problems. Revisions to NR 243 will require all very large farms - those producing as much animal waste in one day as a city of 18,000 people - to meet the same standards, helping keep manure from contaminating private wells, lakes and rivers while sustaining public support for farming.

The Wisconsin Department of Natural Resources has finalized changes to administrative rule NR 243, updating a rule which has been in effect since the 1980s. NR 243 addresses water quality impacts associated with Concentrated Animal Feeding Operations or CAFOs.

Most CAFOs in Wisconsin are large, those operations that have 1000 animal units of livestock (the equivalent of 700 milking cows, 1000 beef cattle, 2500 pigs, or 55,000 turkeys). Medium (300 to 999 animal units) and small (fewer than 300 animal units) animal feeding operations may also be defined or designated as CAFOs if they have discharges to navigable waters or contaminate a well.

The DNR requires that CAFOs are covered under a Wisconsin Pollutant Discharge Elimination System (WPDES) permit to protect water quality from potential improper handling practices of manure and process wastewater (e.g., milking center wastes, egg-wash water). Since the WPDES permit program is a water quality related program it does not address issues such as air, odor, traffic and noise.

The revisions to NR 243 were necessary to comply with changes to federal regulations [exit DNR] for CAFOs and to improve consistency in implementing the associated WPDES permit program.

A technical advisory committee (TAC) formed in August 2003 provided policy and technical input during the revision process. The TAC (see Appendix A of the Environmental Assessment [PDF 68KB] ) included representatives from agricultural and environmental organizations as well as local, state and federal agencies.

The major revisions to NR 243 primarily affect large CAFOs. They include:

  1. Restrictions on applying solid and liquid manure on frozen or snow-covered ground
  2. Requirements for large CAFOs to have six-months worth of liquid manure storage
  3. Statewide phosphorus-based nutrient management requirements
  4. Provisions for issuing general permits to groups of CAFOs in lieu of individual permits
  5. Adjustments to animal unit equivalency numbers used to calculate which operations are large enough to require a permit. To determine if you are impacted by the revisions to the way animal units are calculated, you can fill out a Sample Animal Unit Calculation Worksheet [PDF 51KB].
  6. Standard permit requirements for large CAFOs including mortality management, restrictions on chemical disposal in storage or containment facilities, stormwater controls and development of an emergency response plan
  7. Manure and process wastewater application restrictions near waterbodies
  8. Allowances for temporary manure stacking in winter
  9. Provisions outlining circumstances under which a CAFO is not responsible for the disposal and land application of its manure and process wastewater
  10. Revised inspection, monitoring and reporting requirements
  11. Permit requirements for small and medium CAFOs

Information for Proposed NR 243
Updated March 14, 2007


For the original proposed versions, see the State Administrative Rules [exit DNR]

A printed copy of the proposed rule or accompanying documents may be obtained from Tom Bauman (608-266-9993). Learn about Administrative Rules at the DNR Administrative Rules web site or go directly to the State Administrative Rules [exit DNR] web site

Additional information relevant to NR 243 revisions: (updated February 01, 2008)

  • EPA CAFO [exit DNR]. This web site contains information relevant to the federal CAFO rule revisions and supporting documentation as well as other information regarding animal feeding operations.
  • NRCS technical standards web site [exit DNR]. This web site contains the text of NRCS technical standards referenced in NR 243, particularly the following standards:

    590 - Nutrient Management
    313 - Waste Storage Facility
    360 - Closure of Waste Impoundment
    393 - Filter Strip
    634 - Manure Transfer
    635 - Wastewater Treatment Strip

Contact Tom Bauman if you have specific questions regarding NR 243 revisions. 608-266-9993

Last Revised: Thursday May 29 2008