Navigating the Minnesota Pollution Control Agency’s Permitting Process - George Schwint Jr. and Chuck Peterson, Minnesota Pollution Control Agency, from the 2019 Minnesota Pork Congress, February 5 - 6, 2019, Minneapolis, MN, USA. More presentations at https://www.youtube.com/playlist?list=PL_5bHW6MgRAxR_WyINKBPyCwAeXFJ5CfZ

1. NPDES, SDS, CSF, EAW, EIS,
CUP,
and other acronyms explained
MN Pork Congress 2019
Navigating the Permitting and
Environmental Review Process

2. Players in the feedlot permit
world
 MPCA feedlot permits
 Construction and operation permits
 Construction permit authority for small sites can be
delegated to the county – County feedlot officer (CFO)
 County and Township Zoning
 Conditional use permits
 Other permits (ie. “building” permits)
 DNR
 Water appropriations permits
 10,000 gal per day or 1 mil gal per year

3. Local control –
County/Township
 County/Township zoning
 Conditional use permits (CUP)
 Need varies widely across the state
 Animal unit caps, setbacks, etc.
 County officials likely know if township has zoning
 MN Dept of Ag also maintains a list
 Local control can be more restrictive
 Zoning permits are not the same as feedlot
permits required by Minn Rule Ch. 7020

4. Types of Feedlot permits
 “Feedlot Permit” - required by Minn R. Ch 7020
 Those for larger sites – operation and construction
 NPDES – National Pollutant Discharge Elimination System
 Federal permit issued by MPCA
 SDS – State Disposal System
 State permit issued by MPCA
 Those for smaller sites – construction or pollution
abatement
 Interim
 State permit issued by MPCA or CFO
 CSF – Construction Short Form
 State permit issued by MPCA or CFO

5. NPDES and SDS Permits
Permits for “large” sites

6. Who needs an NPDES permit
 Facility will discharge to waters of the US and
capacity exceeds…….
 2,500 swine each weighing 55 pounds or more;
 10,000 swine each weighing less than 55 pounds;
 There are also thresholds for other animal types

7. Who needs an SDS permit
 Capacity for 1,000 or more animal units
 Swine
 Over 300 pounds = 0.4 AU
 55 to 300 pounds = 0.3 AU
 Under 55 pounds (and separated from sow) = 0.05 AU
 There are also animal unit values for other animal
types
 total from all animal types is 1,000+ AU = SDS permit
Note: NPDES permit coverage negates need for
SDS permit

8. NPDES or SDS permit required

9. NPDES vs SDS
 Five-year term
 Allows a discharge to
waters of the US due to
excessive rainfall
events
 Provides assurance
that a discharge related
to land application
qualifies for the federal
agricultural stormwater
exemption
 Ten-year term
 No discharge to waters
of the US in any
circumstance
 No assurance that a
discharge related to
land application
qualifies for the federal
agricultural stormwater
exemption
NPDES SDS
https://www.pca.state.mn.us/sites/default/files/wq-f3-
48.pdf

10. Types of NPDES and SDS
permits
 Available to the
“typical” site
 Eligibility requirements
 Set permit term
 Everyone re-applies for
coverage at the same
time
 Fees
 Application: $620
 Annual: $345
 Addresses “unique”
sites or those with
pollution hazards
 Each permit has
different term
 Everyone re-applies at
different times
 Fees:
 Application: $1860
 Annual: $1230
General (most common) Individual

11. Interim and CSF Permits
(those not needing SDS or NPDES
permits)
Permits for “small” sites

12. Who needs an interim permit
 Sites with a pollution hazard
 Determined by MPCA/CFO inspection
 Open lot runoff issues
 Manure storage structure issues
 Cracks, leaks, etc.
 Manure management issues
 Repeat over application, extremely high soil P, etc.

13. Who needs a CSF permit
 Construction or expansion of an animal
holding area or manure storage area that
results in the facility having capacity for 300 or
more AU.
Note: total AU from all animal types
 300 AU of swine
 750 head of breeding stock
 1,000 head of finishers
 6,000 head of nursery

14. Interim vs CSF
 2 year permit
 Conditions for
pollution abatement
 Can also authorize
construction/expansio
n
 If work is done in 2
years – permit no
longer required
 2 year permit
 Construction or
expansion
 If work is done in 2
years – permit no
longer required
Interim CSF
Note: Neither are long-term operational permits like the NPDES or
SDS permit

15. Which feedlot permit do I need
www.pca.state.mn.us/quick-links/which-permit-do-i-need
1. Discharge to waters of US and exceed federal
large CAFO thresholds
 Yes: NPDES permit
 No: Go to question 2
2. Capacity for 1,000 or more AU’s
 Yes: SDS permit
 No: Go to question 3
3. Pollution hazard identified by MPCA/CFO
 Yes: Interim permit
 No: Go to question 4
4. Construction or expansion at site with 300 or more AU
 Yes: CSF permit
Large CAFO Thresholds
2,500 swine 55+ lbs
10,000 swine <55 lbs
1,000 Animal Units
2,500 swine 300+ lbs
3,334 swine 55 – 300 lbs
20,000 swine <55 lbs

16. When an existing site needs a
permit
 Any site over 300 AU that is……
 Adding an animal holding area
 Increasing animal numbers/units
 Even if no construction is taking place
 Adding a manure storage area
 except short-term stockpiles
 Sites with NPDES or SDS permits that is ….
 Doing any of the items above
 without 300 AU threshold
 Adding a feed storage area
 Except dry commodity storage
 Substantially changing its manure management plan
 Changing the operation which may affect emissions

17. Permit based on capacity
 All permitting thresholds are based on
facility capacity
 Most that can ever be held in the barn
 Even if you don’t intend to stock at that level
 Don’t account for death loss

18. Facility capacity
 “Industry standards”
 Finishers: 8 sq ft/head
 Nursery: 4 sq ft/head
 Breeding stock: not as straight-forward
 Count stalls/crates – no “open”
crates/stalls/pens/rooms
 Newer designs for group housing
 Case by case approach
 Special situations may be accommodated
 Case by case – written explanation

19. Applying for a Feedlot
Permit
Application process

20. Pre-application process
 Potential to-do list before you even apply
 Develop a manure management plan
 Obtain plans and specs for liquid manure storage
area
 Perform “Good Neighbor” notice
 Develop stormwater pollution prevention plan
(SWPPP)
 Develop emergency response plan
 Other good ideas
 Talk to neighbors
 Talk to local authorities

21. Manure management plan
 Required whenever you apply for a permit
 Once required you must keep it up to date
 MPCA Manure Management Planner
 Excel based program
 Meets all rule requirements
 Also keeps records for you
 Free!
 www.pca.state.mn.us/sites/default/files/wq-f6-
12.xlsm

22. Plans and specifications
 Required for all liquid manure storage areas
 Professional engineer
 Unless under 20,000 gal and concrete
 Soil borings
 Verify separation to bedrock
 Look for seasonal water table
 Perimeter tile
 Karst feature survey (when in karst area)
Note: No new open-air liquid swine manure
basins

23. Good neighbor notice
 Required for…..
 Construction of a new 500+ AU facility
OR
 Expansion of existing facility to 500+ AU
 Inform residents and land owners within 5,000
ft
 Typically done in newspaper
 20 business days prior to permit issuance
Fact sheet: ww.pca.state.mn.us/sites/default/files/wq-f3-09.pdf

24. Stormwater pollution prevention
plan
 What is this???
 Plan to limit sediment from leaving site
 silt fence, bale checks, etc.
 Required if construction disturbs 1 acre or
more
 Barn, pit, driveway, grove removal etc.
 If 1 or more acres of impervious surface created,
permanent stormwater controls required
 Stormwater infiltration area for roof/driveway
runoff
Form: www.pca.state.mn.us/sites/default/files/wq-f6-76.doc
Fact Sheet: www.pca.state.mn.us/sites/default/files/wq-f6-75.pdf

25. Emergency response plan
 Required for NPDES and SDS permits
 Good idea for all sites
 One page form – simple to complete
 Lists key phone numbers for emergencies
 Lists protocol for spill/discharge response
 List protocol for catastrophic animal mortality
event
Form: www.pca.state.mn.us/sites/default/files/wq-f3-12.doc

26. A complete application
 Always required
 Applicable application form completed and signed
 Aerial photo or sketch with components identified
 Manure management plan
 Plans and specifications for liquid storage
 If applying for NPDES or SDS permit…
 Application fee
 Emergency response plan
 Sometimes required
 Proof of good neighbor notice (500+ AU)
 Stormwater pollution prevention plan
 Submit if disturbing 50 acres or more
 Develop if disturbing 1 acre or more

27. Submitting an application
 Submit to the MPCA
 All NPDES and SDS permit applications
 CSF and Interim permit applications not located in a
delegated county
 Scan and email to feedlotsubmital.pca@state.mn.us
 Can also be mailed – email preferred
 In a delegated county submit CSF and Interim
permit applications to county feedlot officer (CFO)
 CFO will forward applications
to MPCA if the facility exceeds
any of the large CAFO thresholds
 Can be emailed directly to the MPCA
Swine Large CAFO Thresholds
2,500 swine 55+ lbs
10,000 swine <55 lbs

28. Processing Permit
Applications
What happens after you submit your
application

29. Application review
 Is everything there for a complete application
 All required components
 Review the info submitted
 Is the application form completed correctly
 Location restrictions
 Facility capacity
 Adequate good neighbor notice
 Plans and specs for liquid storage adequate

30. CSF and Interim permit
issuance
 Once everything is reviewed and
determination is made that a permit can be
issued…
 CSF permit is issued*
 Interim permit is drafted
 Discussed with or sent to applicant for review
 After applicant review permit is issued*
*Provided 20 business days have passed since good neighbor
notice

31. NPDES and SDS permit
process
 Once everything is reviewed and
determination is made that a permit may be
issued…
 General permit
 Public notice intent to issue permit coverage
 Individual permit
 Draft permit sent to applicant for review
 After applicant review, permit is placed on public
notice
Note: The NPDES and SDS public notice is not the same as the
good neighbor notice nor can it be a substitute for the good
neighbor notice

32. Public notice process
 30 days on MPCA website
 Written comments taken
 Public information meeting may be requested
 Informal meeting for public to ask questions
 Not automatically granted
 Contested case hearing may be requested
 Hearing before administrative law judge
 Only to resolve disputed facts
 Not automatically granted

33. After public notice is complete
 If comments are received
 MPCA responds to comments
 If public informational meeting or contested case
hearing is requested
 MPCA decides if one should be held
 This all takes time to complete
 Length of time varies widely
 If no public participation (comments/hearing
requests)
 Permit is issued promptly
 Provided 20 business days have passed since good
neighbor notice

34. Getting a permit is that simple?
(pause for chuckle from crowd)
Not quite
 Local control may still prohibit project
 Feedlot permits can be issued even if
county/township ordinance prohibits the proposal
 Environmental Review
 Process must be completed before any
government (state or local) approvals can be
given
 Permit process typically happens concurrently

35. Environmental Review
What’s it all about

36. Why do Environmental Review
 Inform the public of potential environmental
effects
 A comprehensive look at issues
 Air quality
 Groundwater supply and quality
 Surface water impacts
 Increased traffic
 Improve project design
 Mitigate impacts

37. Differences from Permitting
 Broad in scope
 Assess direct and
cumulative effects on air,
land water
 Considers alternatives,
phased actions and
mitigation
 Environmental review is
not an approval of the
project
 The public is always
 Permitting is focused on a
facility
 Mitigation measures can
be requirements
 Permit issuance does not
always include a public
comment period
Environmental Review Permitting

38. When is an EAW Mandatory
 1,000 or more animal units
 New Feedlot
 Expanding Feedlot
 Sensitive Areas
 500 or more animal units

39. Exemptions
 New Feedlots
 Less than 300 animal units – exempt
 300 to 999 animal units – conditionally exempt
 Expanded Feedlots
 Less than 100 animal units – exempt
 100 to 999 animal units – conditionally exempt
 Sensitive Areas – new and expanded feedlots
 Less than 50 animal units - exempt
 50-499 animal units can be petitioned

40. Environmental Assessment Worksheet
(EAW) Process
 Before Comment Period
 During Comment Period
 After Comment Period
 EIS Decision Criteria

41. Before Comment Period
 Air Modeling Protocol to MPCA for approval
 EAW Data Submittal includes:
 Feedlot Permit application with required
attachments
 Completed Air Modeling Report
 DNR-NHIS Database Search
 SHPO Database Search
 DNR Preliminary Well Assessment
 Map Proposed Manure Application Sites

42. Before Comment Period
 MPCA reviews EAW Data Submittal
 We Coordinate with Feedlot Permitting Staff
 Permit Application complete and Approvable?
 EAW consistent with the Permit Application?
 Check with County for consistency with local
ordinances.
 Coordinate with DNR

43. During Comment Period
 Typically, 30 day comment period
 Publish Notice of Availability in EQB Monitor
 Send out Press Release
 Mail/email Notice of Availability to all
interested parties
 Place on MPCA Web Page

44. After Comment Period
 MPCA must respond to all substantive comments
 If we need more insufficient information for
Environmental Review decision, the MPCA:
 may request additional information, or
 order an EIS.
 MPCA prepares Findings of Fact, Conclusions of
Law, and Order on the need for an EIS.
 If Negative Declaration - Environmental Review is
done.

45. After Comment Period
 Positive declaration - Proposer may:
 Proceed with EIS
 Withdraw Project
 Relocate or Modify Project and redo EAW
 Appeal of final decision - within 30 days of the
RGU’s decision in the district court of the county
where the proposed project would be undertaken.

46. EIS Decision Criteria
 Does the project have the potential for
“significant environmental effects”:
 Type, extent, and reversibility of effects
 Potential cumulative effects
 Extent effects are subject to mitigation by ongoing
regulatory authority
 Extent that environmental effects can be anticipated
and controlled as a result of other available
environmental studies

47. Environmental Review Benefits
 Air Quality
 Hydrogen Sulfide
 Ammonia
 Odor
 Site Suitability
 Surface and Ground Water Quality
 Water Availability

48. Environmental Review Benefits
 Pre-application meetings scope project
 Evaluates potential for significant
environmental effects
 Requires prevention and mitigation of the
significant environmental effects
 Ensures comprehensive permits to
support regulatory compliance

49. Environmental Review Benefits
 Coordinates across MPCA programs
internally
 Promotes external cooperation
 Facilitates project location, design,
construction, operation, and emergency
response improvements
 Require analysis of cumulative effects

50. Questions