IDAPA 02.04.15
All beef producers.
In order to protect the natural resources and waters of the state, this rule governs the design, function, and management practices of waste systems on beef cattle animal feeding operations. Nothing in this rule affects the authority of the Department of environmental Quality to enforce an IPDES permit for beef cattle animal feeding operations that discharge pollutants to waters of the United States, including without limitation, the authority to issue permits, access records, conduct inspections and take enforcement actions. The provisions of this rule do not alter the requirements, liabilities, and authorities with respect to or established by the IPDES program.
This rule implements the following statutes passed by the Idaho Legislature:
Idaho State Department of Agriculture 2270 Old Penitentiary Rd. Boise, ID 83712 P.O. Box 7249 Boise, ID 83707 Phone: (208) 332-8500 Fax: (208) 334-2170 Email: rulesinfo@isda.idaho.gov Webpage: https://agri.idaho.gov/main/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
02.04.15 – Rules Governing Beef Cattle Animal Feeding Operations
000. Legal Authority. ... 3
001. Scope. ... 3
002. Incorporation By Reference. ... 3
003. Definitions. ... 3
004. Abbreviations. ... 4
005. Prohibited Discharges. ... 4
006. Notification Of Discharge. ... 4
007. -- 019. (Reserved) ... 4
020. Wastewater Storage And Containment Facilities. ... 4
021. New Or Modified Beef Cattle Animal Feeding Operations. ... 5
022. -- 029. (Reserved) ... 5
030. Nutrient Management. ... 5
031. Phosphorus Management. ... 5
032. -- 039. (Reserved) ... 5
040. Designation Of Beef Cattle Animal Feeding Operations. ... 5
041. -- 999. (Reserved) ... 6
Sections 22-110 and 22-4903, Idaho Code. (4-6-23)
These rules govern the design, function, and management practices of waste systems on beef cattle animal feeding operations. (7-1-25)
The following documents are incorporated by reference into this chapter: (4-6-23)
01. The 1997 United States Department of Agriculture Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Appendix 10 D. This document can be viewed online at https://agri.idaho.gov/main/wp-content/uploads/2017/08/nrcs_10d_1997.pdf. (7-1-25)
02. Society of Agricultural and Biological Engineers Specification ASAE EP393.3 Manure Storages February 2004. This document is part of a copyrighted publication and is available for viewing at the ISDA offices or a copy may be purchased online at http://www.asabe.org/. (4-6-23)
03. The Phosphorus Site Index: A Systematic Approach to Assess the Risk of Nonpoint Source Pollution of Idaho Waters by Agricultural Phosphorus, 2022. This document is available online at https://agri.idaho.gov/main/wp-content/uploads/2022/03/PSIBeef.pdf. (4-6-23)
The following definitions apply in the interpretation and enforcement of this chapter. (4-6-23)
01. Animal. Bovidae, ovidae, suidae, equidae, captive cervidae, captive antilocapridae, camelidae, and ratitidae. (4-6-23)
02. Animal Feeding Operation. A lot or facility where slaughter and feeder cattle or dairy heifers are confined and fed for a total of forty-five (45) days or more during any twelve-month (12) period and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. (7-1-25)
03. Compost. A biologically stable material derived from the biological decomposition of organic matter. (4-6-23)
04. Concentrated Animal Feeding Operation. An AFO that is defined as a large CAFO or as a medium CAFO by the terms of this section and designated by the Director. Two (2) or more AFOs under common ownership on contiguous property are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other, or if they use a common area or system for the disposal of wastes. (4-6-23)
05. Discharge. Release of process wastewater or manure from a beef cattle animal feeding operation to waters of the state. (4-6-23)
06. Land Application. The spreading on, or incorporation of manure or process wastewater into the soil. (4-6-23)
07. Large Concentrated Animal Feeding Operation. An AFO is defined as a large CAFO if it stables or confines as many as or more than the numbers of cattle specified in any of the following categories: (4-6-23)
a. Seven hundred (700) mature dairy cows, whether milked or dry; (4-6-23)
b. One thousand (1,000) veal calves; (4-6-23)
c. One thousand (1,000) cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs; (4-6-23)
08. Medium Concentrated Animal Feeding Operation. A medium CAFO includes any AFO that has been defined or designated as CAFO and stables or confines the number of cattle that fall within any of the following
ranges: (4-6-23)
a. Two hundred (200) to six hundred ninety-nine (699) mature dairy cows, whether milked or dry; (4-6-23)
b. Three hundred (300) to nine hundred ninety-nine (999) veal calves; (4-6-23)
c. Three hundred (300) to nine hundred ninety-nine (999) cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs; (4-6-23)
09. Operate. Confining and feeding slaughter and feeder cattle in the state of Idaho. (4-6-23)
10. Operator. The person who has power or authority to manage, or direct, or has financial control of a beef cattle animal feeding operation. (4-6-23)
11. Phosphorus Site Index. A method to evaluate the relative potential for off-site movement of phosphorus from a field or pasture based upon risk factors relating to surface transport, phosphorus loss potential and nutrient management practices. (4-6-23)
12. Runoff. Any precipitation that comes into contact with manure, compost, bedding, or feed on a beef cattle animal feeding operation. (4-6-23)
13. Slaughter and Feeder Cattle. All cattle except those cattle located on a dairy farm permitted by the Idaho State Department of Agriculture pursuant to IDAPA 02.04.14, “Rules Governing Dairy Byproduct.” (4-6-23)
14. Small Concentrated Animal Feeding Operation. An AFO that is designated as a CAFO and is not a medium or large CAFO. (4-6-23)
01. AFO. Animal Feeding Operation. (4-6-23)
02. CAFO. Concentrated Animal Feeding Operation. (4-6-23)
03. NMP. Nutrient Management Plan. (4-6-23)
04. NRCS. United States Department of Agriculture, Natural Resources Conservation Service. (4-6-23)
05. PSI. Phosphorus Site Index (4-6-23)
Unauthorized discharges of manure or process wastewater from beef cattle AFOs or land application sites owned or controlled by a beef cattle AFO are prohibited. (4-6-23)
01. Notification Within Twenty-Four Hours of Discharge. Within twenty-four (24) hours of learning of a discharge, the operator of a beef cattle AFO shall verbally notify the Director of such a discharge. (4-6-23)
007. -- 019. (RESERVED)
01. Wastewater Storage and Containment Facilities. All beef cattle AFOs where process wastewater leaves the confinement area and has the potential to impact surface water or be in violation of state water quality
standards shall have wastewater storage and containment facilities designed, constructed and operated to meet a minimum of one hundred twenty (120) days of holding capacity and pursuant to IDAPA 02.04.30, Rules Governing Environmental and Nutrient Management. (7-1-25)
02. All Substances Entering Wastewater Storage and Containment Facilities. All substances entering wastewater storage and containment facilities shall be composed of manure and process wastewater from the operation of the beef cattle AFO. The disposal of any other materials into a wastewater storage and containment facility, including, but not limited to, human waste, is prohibited. (4-6-23)
021. NEW OR MODIFIED BEEF CATTLE ANIMAL FEEDING OPERATIONS.
Each new or modified beef cattle AFO shall design and construct wastewater storage and containment facilities completed after July 1, 2000, in accordance with the engineering standards and specifications contained in the Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Appendix 10D or the American Society of Agricultural Engineers Standard EP393.3, or other equally protective standards approved by the Director. (4-6-23)
022. – 029. (RESERVED)
030. NUTRIENT MANAGEMENT.
Each beef cattle AFO shall submit a NMP for land owned or controlled by the operator, which conforms to the nutrient management standard and addresses odors generated in excess of odors normally associated with raising beef cattle in Idaho, to the Director for approval. Following department review and approval, the plan, and all copies of the plan, shall be returned to the operation and maintained on site. (4-6-23)
01. Implementation of a Nutrient Management Plan. Failure to implement an approved NMP is a violation of these rules. (4-6-23)
031. PHOSPHORUS MANAGEMENT.
Beef cattle AFOs must utilize either Phosphorus Indexing or Phosphorus Threshold to manage nutrient application. (4-6-23)
01. Phosphorus Indexing. The PSI shall be calculated annually by a certified planner for each field receiving land application of manure or process wastewater. A beef cattle AFO must implement best management practices that fully conform to NRCS standards to receive full BMP Coefficient credit. The Department may award zero (0) or partial credit for non-conformity to NRCS standards. (4-6-23)
02. Phosphorus Threshold. Land application of phosphorus to fields that have exceeded the soil phosphorus threshold established in the NMS shall be limited to the appropriate crop uptake rate. (4-6-23)
032. – 039. (RESERVED)
040. DESIGNATION OF BEEF CATTLE ANIMAL FEEDING OPERATIONS.
01. Designation of Animal Feeding Operations. The Director, on a case by case basis, may designate any AFO that confines slaughter and feeder cattle as a beef cattle AFO if, after an inspection, the Director determines that the AFO is a significant contributor of pollution to waters of the state. When designated, these operations shall be considered existing beef cattle AFOs. The Director considers the following factors when making such designation: (4-6-23)
a. Size of the AFO and the amount of manure, process wastewater, and runoff reaching waters of the state; (4-6-23) b. Location of the AFO relative to waters of the state; (4-6-23) c. Means of conveyance of manure, process wastewater, and runoff into waters of the state; and (4-6-23)
d. Slope, vegetation, precipitation, and other factors affecting the likelihood or frequency of discharge of manure, process wastewater, or runoff into waters of the state. (4-6-23)
02. Redesignation of a Beef Cattle Animal Feeding Operation. Upon request by the operator, the Director will redesignate a facility previously designated under Section 040, if the facility is no longer a significant contributor of pollution to waters of the state. Such redesignation is provided to the operator in writing. (4-6-23)
041. -- 999. (RESERVED)