Livestock Production and Water Quality in Montana

A Guide to Meeting Montana’s Water Quality Regulations and Achieving Agricultural Production Goals

Water is vital to life - all life. From the rapid riffles and cool, quiet eddies of a stream cascading down the Rocky Mountain Front to the violent majesty of a waterfall to the glistening beauty of a string of calm pools snaking across the eastern Montana prairie; water soothes emotions and feeds the soul. Water is also essential to health. Humans and animals, both wild and domesticated, need clean water to sustain life.

What has been done to address water quality?

The purpose of this document is to provide Animal Feeding Operation (AFO) and Confined Animal Feeding Operation (CAFO) owners, government personnel, and the general public with a better understanding of the current strategy to address animal waste concerns in Montana. It will help you to understand the relationship between the regulatory program operated by the Environmental Protection Agency (EPA) and the Montana Department of Environmental Quality (DEQ). You will also learn about voluntary technical and financial assistance available from the Natural Resources Conservation Service (NRCS) to help operators meet regulations when needed or to avoid the need for regulation as appropriate.

On February 12, 2003, the EPA published revisions to its Clean Water Act regulations for concentrated animal feeding operations. The DEQ is currently in the process of adopting these rule changes for Montana.

The rule changes provide for increased standards for the management of livestock manure from animal feeding operations. The strategy divides animal feeding operations into two categories: CAFOs and AFOs. CAFOs are further divided by size into large, medium, and small operations based on the number of animals in the facility.

According to the new strategy, all large CAFOs in Montana must have a water pollution discharge permit (Montana Pollution Discharge Elimination System), need a nutrient management plan, and are subject to regulation under the Clean Water Act¹. EPA continues to manage the CAFO regulation and permit process on tribal lands in Montana. Livestock operations classified as AFOs are not subject to permitting requirements.

1. A federal court challenge to EPA's new regulation regarding 'must comply' provisions for large AFOs has been upheld. No word yet on whether EPA will appeal or how this provision will be addressed if the ruling is allowed to stand.

Why has a revised strategy been developed?

In the last 25 years, under the Clean Water Act, the United States has made tremendous progress in cleaning up its rivers, lakes, and coastal waters. However, nearly 40 percent of the nation’s waterways that have been assessed to this point still do not meet quality criteria for culinary or recreational use. Pollution from factories and sewage treatment plants has been dramatically reduced, but runoff from city streets, agricultural operations, and other sources continues to pollute water.

In March 1999, the EPA and U.S. Department of Agriculture (USDA) completed a strategy for livestock operations. The Unified National Strategy for Animal Feeding Operations represented the EPA and USDA plan for addressing water quality concerns associated with livestock production. The goal of the program was to minimize water quality impacts by identifying operations at greatest risk for pollution and providing assistance to these owners to help them meet water quality goals.

The revised EPA and Montana regulations focus on operations posing the greatest risk to water quality. By regulating large, new, or expanded operations under the National Pollutant Discharge Elimination System Permit Regulation (40 CFR Part 122) and the Effluent Limitations Guidelines and Standards for CAFOs (40 CFR Part 412), about 60 percent of manure generated by confined animal operations will be regulated.

The strategy will initially focus on large CAFOs. However, some medium and small facilities designated as CAFOs may also be affected, especially if they are located on an impaired watershed, are identified as a significant contributor to water pollution, or manage wastewater in a containment structure. The strategy also outlines extensive voluntary opportunities for operations to improve manure management and runoff control.

How does the strategy affect Montana producers?

The DEQ strategy relies on voluntary compliance and inspections resulting from citizen complaints. Operators who work with NRCS to develop and implement a course of action to address resource concerns and regulatory issues are given time to comply prior to formal enforcement.

NRCS services requests for technical and financial assistance based on a ranking system. Producers who have been notified by the DEQ that they are CAFOs or are in violation of water quality regulations are given highest priority. Second in priority are operations wishing to adopt practices to avoid having discharge conditions that would result in the facility being defined as a CAFO. NRCS assistance includes alternative development, surveys, designs, layout, and construction checks for eligible structures and creation of associated operations and management practices to manage animal waste and nutrients.

Additional Sections of the Livestock Production and Water Quality in Montana Document

• As a producer, what steps do I need to take?
• Frequently Asked Questions
• Consider these voluntary pollution prevention measures.

If you encounter any problems with the file provided on this page, please contact Technical Resources at 406-587-6822.

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Livestock Production and Water Quality in Montana (PDF; 571KB)

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