Comment submitted by Leslie A. Everett, Agronomist and Agricultural Programs Coordinator, Water Resources Center, University of Minnesota

Comment on Proposed CAFO rule, EPA-HQ-OW-2005-0037 1. As proposed, EPA should require explicitly that Large CAFOs that are not permitted because they do not discharge or propose to discharge, comply with the technical standards for land application established by the Director (in addition to meeting the requirements of 40 CFR 122.42(e)(1)(vi-ix)) in order for runoff from their fields to be considered agricultural stormwater (which is exempt from permitting requirements). 2. In the section 122.42 (Additional conditions applicable to specified categories of NPDES permits), par (5) (Changes to a CAFO Nutrient Management Plan), the requirement that any time a CAFO operator changes a nutrient management plan he or she must provide the permitting authority with a revised plan for review is not reasonable, given the detail required at the field level in the plan. Operational changes occur every day on a farm, based on weather, livestock markets, livestock condition, crop condition. Last minute changes are made as to where manure is applied, amounts of manure vary from year to year, etc. The nutrient management plan is a strategic plan, and operational adjustments within specified tolerances should be allowed without submitting a new plan every week. Those operational changes will show up in the records and should be assessed there, not in revised plans. Therefore, there needs to be some statement of allowable tolerances and guidelines for adjustments without requiring a revised plan submission. Otherwise, both operators and regulators will be overwhelmed with paperwork. Leslie A. Everett Agronomist and Agricultural Programs Coordinator Water Resources Center University of Minnesota 173 McNeal Hall 1985 Buford Ave St. Paul, MN 55108 612-625-6751 evere003@umn.edu