Agricultural small business resources

Emissions reporting

Under the FARM (Fair Agricultural Reporting Method) Act signed March 23, 2018, air emissions from animal waste at a farm are exempt from reporting under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which then also exempts them from reporting under Emergency Planning and Community Right-to-Know Act or EPCRA. Learn more about the requirement to report under CERCLA or EPCRA for farms at CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms.

Grain terminal and grain storage elevators

The EPA established a New Source Performance Standard (NSPS) for grain elevators constructed, modified or reconstructed after Aug. 3, 1978, and defined as either:

• Grain terminal elevator — any grain elevator that has a permanent storage capacity of more than 88,100 m3 (2.5 million U.S. bushels), except those located at animal food manufacturers, pet food manufacturers, cereal manufacturers, breweries and livestock feedlots; or
• Grain storage elevator — any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human consumption), rice mill or soybean oil extraction plant that has a permanent grain storage capacity of 35,200 m3 (1 million bushels).

The limits in the rule apply to the following equipment at those facilities:

• truck unloading station;
• truck loading station;
• barge and ship unloading station;
• barge and ship loading station;
• railcar unloading station;
• railcar loading station;
• grain dryer; and
• all grain handling operations.

You can review the specific requirements of the rule in 40 CFR Part 60, subpart DD or NR 440.47, Wis. Adm. Code.

Prepared feeds manufacturing operations

The EPA regulates prepared feeds manufacturing operations that are minor or area sources of federal hazardous air pollutants (HAPs), where the operations add the metal HAPs chromium (Cr) or manganese (Mn) to their product and where at least 50% of the annual production is animal feed. A minor, or area source of federal HAPs is one that has potential emissions of less than 10 tons per year (TPY) of any one federal HAP and less than 25 TPY of all federal HAPs combined. The list of federal HAPs can be found on EPA's website at The Clean Air Act Amendments of 1990 List of Hazardous Air Pollutants. The processes regulated include:

• Mixing;
• Storage of the meal or mash;
• Steam conditioning;
• Pelleting and pellet cooling; and
• Crumbling and screening.

For more details on the rule requirements, review these materials:

• Summary of Regulations Controlling Air Emissions from Prepared Feed Manufacturing Area Sources: National Emission Standards for Hazardous Air Pollutants Subpart DDDDDDD brochure
• EPA's Prepared Feeds Manufacturing NESHAP webpage has links to all of their available resources on the rule.

Digester requirements

Anaerobic digesters can be used by farms to reduce manure volume as well as produce biogas. The biogas can be used in generator engines or boilers to provide electrical power and heat for the farm or the local utility. The EPA provides a wide range of information on Biogas Recovery in the Agriculture Sector.

Facilities installing anaerobic digesters and digester gas-fired combustion equipment generate air pollution emissions as well as wastewater and storm water discharge.

Air Pollution Requirements

Air pollution emission sources at anaerobic digester facilities may include:

• reciprocating internal combustion engines (RICE) firing digester gas,
• anaerobic digester tanks or vessels,
• back up or waste gas flares,
• emergency RICE firing diesel fuel or natural gas,
• auxiliary heating units (e.g., boilers) firing diesel fuel or natural gas.

EMERGENCY ENGINES are those that are run only in case of power outage or other emergencies. These engines do not provide power back to the grid or operate under interruptible rate agreements. To meet the DNR's definition of "restricted use RICE" in s. NR 400.02(136m), emergency engines cannot be used for more than 200 hours per year or must meet the definition of "limited use stationary RICE” in 40 CFR 63.6675.

Installing and operating one or more of the units listed above will usually require both a construction permit and an operation permit. Construction permits must be issued before construction of an air pollution source begins. To learn more about the types and levels of permits required, review the information on the Air permit types webpage.

How to calculate emissions for a digester permit application

To submit an air permit application, a facility must calculate its maximum theoretical emissions and its potential to emit and compare these emissions against the major source thresholds.

Maximum theoretical emissions (MTE) are based on the design capacity of all equipment at the facility, operating 24 hours per day, 7 days a week, for the entire year, and generally cannot consider any operational restrictions (including financial restrictions on the operations), control devices used to reduce emissions, or any other limitations that may be included in a permit. The potential to emit (PTE) is the worst-case emissions a facility can be expected to emit at any given time, but the facility can consider operational restrictions, control devices, or any limitations that the business will accept in a permit. For more details on MTE and PTE, review the fact sheet MTE and PTE Calculation Examples (SB-113).

What is the application process for an air pollution control permit?

Facilities are responsible for providing a complete permit application. Application forms for both construction and operation permits are found on the Air Permit and Compliance Forms webpage under the Source Specific Forms tab.

Instructions on how to apply for air pollution permits are provided on the webpage How to Apply for Air Permits. For help to ensure a complete application prior to submittal, use the appropriate checklist on the How to Apply webpage that matches the application being completed. Facilities may also choose to contact the Air Management Program or SBEAP [DNRsmallbusiness@wisconsin.gov or 855-889-3021] to arrange a pre‐application meeting.

Federal standards that apply to engines

The following are some specific requirements that apply to facilities with engines operating with digester gas.

New Source Performance Standards (NSPS)

There are standards set by U.S. Environmental Protection Agency (EPA) for engines installed after a certain date, called New Source Performance Standards (NSPS). The RICE NSPS set emission standards for different engine sizes and manufacturing years and has limited requirements for engines that are certified to meet the standards by the manufacturers. Engines firing digester gas cannot be certified as meeting the standard due to the variability of the gas, so the full emission standards apply. It is the source's responsibility to ensure compliance with the NSPS requirements, including all stack testing deadlines. The DNR and EPA can enforce those requirements, regardless of whether a permit has been issued.

To review the current NSPS for Spark Ignition (SI) engines, which applies to digester gas engines, review the requirements under Subpart JJJJ – Standards of Performance.

National Emissions Standards for Hazardous Air Pollutants (NESHAP) for RICE

Existing engines, those constructed before June 12, 2006, must meet requirements in the RICE NESHAP. Depending on the horsepower rating and the type of permit covering the facility, there may be emissions limits and/or work practice standards that apply to the engine. EPA provides a summary of the compliance requirements as well as links to the specific standards. Facilities can also refer to the SBEAP internal combustion engine webpage for resources on the rule.

Wastewater and Storm Water Discharge Permits

Wastewater WPDES

WPDES requirements for farms will depend on whether they meet the definition of a CAFO or are a nonpoint source. A CAFO, or concentrated animal feeding operation, is defined as an animal operation with at least 1,000 animal units. The farm owner can determine if they are a CAFO by completing an Animal Units Calculation Worksheet, form 3400-025A.

A CAFO discharge permit application includes the reviewable facilities form, 3400-025F, which addresses all operations or activities with requirements in ch. NR 243, Wis. Adm. Code, that must be permitted before construction begins. These can include the digester, manure storage, manure transfer pipes or transfer channels, reception tanks, detention basins, sand separation, calculations for days of storage capacity as well as several other options.

Storm Water WPDES

Facilities being constructed where one or more acres of land will be disturbed, in combined surface area, must first receive a WPDES storm water construction permit.

Anerobic digesters may require coverage under an industrial storm water permit if operations have storm water exposure due to chemicals, wastes used as feedstock, or coupling systems to transfer feedstock that may mobilize pollutants in storm water runoff. A facility that is engaged in these operations where storm water does not contact material or activities at the facility may quality for no exposure certification. Ongoing runoff protection follow the agriculture performance standards and manure management prohibitions that apply to a non-CAFO farm.

Land Disposal Plans and Reporting Requirements

Land application of the solids from a digester are still required to follow the same management plans as non-digested wastes. With lower volumes, the digested waste should be easier to manage and minimize runoff. However, some of the contaminants in the waste may be more concentrated after the digester.

CAFOs must prepare a nutrient management plan (NMP) as part of their WPDES permitting, which addresses amounts, timing, locations, methods, and other aspects related to land application of manure and process wastewater. Implementation of a NMP helps prevent or minimize manure or other wastewater runoff from fields to surface waters or groundwater. Nutrient management planning also ensures applied nutrients meet crop needs. More details on the NMP design are on the DNR's webpage. The NMP webpage also details the annual reporting requirements for CAFOs, including both the annual report (3400-025E) and the NMP annual update (3400-025B or -025D).

Non-CAFOs are not required to have a WPDES, but they are required to have a NMP to manage manure landspreading and runoff. Review the information provided on the Agriculture Non-point Source webpage and in the fact sheet Runoff: What Farmers Need to Know.

Facilities with comingled waste feedstock in their digester should contact the WPDES staff for more details.

Contacts for help on digester permits

Refer to additional resources on the SBEAP Agribusiness webpage. Contacts for additional questions can be found:

• Air permit contacts webpage
• WPDES contacts webpage
• Storm water contacts webpage

Getting started

The United States Department of Agriculture has resources for those interested in starting a farm. Get started at New Farmers. Existing farms can stay up to date on news from the USDA Farm Service Agency by subscribing to newsletters, notifications and reminders through their GovDelivery service. Subscribe online at Email Updates.

In addition, the Natural Resource Conservation Service at the USDA has resources for farmers that want to make improvements to the land. Resources may include technical assistance in planning, filing applications, and funding. Learn more at Get Started with NRCS.

Compliance resources

Confined animal feeding operations (CAFOs) have a number of regulations to comply with throughout the year. One way to keep track of inspections and monitoring needed is to use the DNR/UW Extension Compliance Calendar.

Financial

The Wisconsin Department of Agriculture, Trade and Consumer Protection provides economic development and other resources to farmers through their Farm Center. Services include financial experts, assistance to organics producers, minority farmer resources, help with rural power issues, links to other assistance providers and mediation of disputes, among other services. They work with new, changing and existing farms.

USDA Environmental Quality Incentive Programs for Wisconsin Landowners (EQIP) is a voluntary program that promotes agriculture production, forest management and environmental quality. The program offers financial and technical assistance to farmers and land owners. Technical assistance is provided by NRCS staff, who can help owners develop a conservation plan for practices eligible under the program. For more information on the program, contact your local NRCS Service Center in the county in which the land is located. Visit Find Wisconsin NRCS Service Centers and Field Staff for more information.

General USDA farm loan information can be found on the Farm Loans page. For more information, contact the Wisconsin USDA office.

Growing Hemp and Extracting Oil

The main hemp products made in Wisconsin are fiber, seed, and oil extracts like cannabidiol or CBD. The DNR has jurisdiction over the environmental impacts of growing and processing hemp. From construction to production, each stage of growing and processing hemp might trigger different environmental regulations, for example:

• High-capacity water use
• Conveyors to move hemp or hemp materials that produce fugitive dust
• Boilers or water heaters used in processes
• Dryers or ovens used to dry hemp or hemp products
• Engines for emergency power backup or to operate equipment
• Oil-extraction equipment
• Solvents used to extract oils or clean extraction equipment
• Light bulb disposal and other waste management

If you would like a printable version of these requirements, download SB-023.

Construction of a Facility

Review environmental considerations before purchasing a property.

Some permits may be required before facility construction begins, so it is important to plan months in advance of when you want to start breaking ground on the project. Review the sections below for more information.

Air Pollution

Air pollution can be generated by the equipment used for heating and drying as well as for grinding the plants, and also from the chemicals and solvents used to extract oils from the plants and clean equipment.

Solvents used to extract oils will generate volatile organic compounds (VOCs) which trigger permit and reporting requirements. Some solvents are also considered hazardous air pollutants (HAPs) which trigger additional emission limits along with permit and reporting requirements. Review the permit requirements, as well as some general VOC rules and HAP requirements.

Equipment that burns fuels for facility or process heat also creates air pollution. Review requirements for boilers and internal combustion engines (generator engines).

Growing and processing can create odors that must be addressed when they become a nuisance to those nearby. Review some recommendations (SB-110) on controlling odors.

Trucks, material handling, grinding, and similar operations can create fugitive dust, which must also be minimized. Review best management practices for fugitive dust (AM-556).

Water Use

Wells that use more than 100,000 gallons per day require DNR approval before construction or operation of the well system. Review the DNR’s high capacity well requirements.

Storm Water

If facility construction will disturb more than one acre of land, it needs a storm water permit before construction begins. Review the storm water construction permit requirements.

Hemp/oil processing facilities may fall into an industrial category that requires a wastewater discharge permit or they must meet the no exposure certification criteria before operating. Review storm water permit (SB-020) requirements.

Wastewater

If your facility will discharge wastewater to a local treatment plant, a Publicly Owned Treatment Works or POTW, contact your municipality for their requirements. If the discharge will go to ground or surface water, a septic system, or to a storm sewer, pipe, channel, ditch, or swale that conveys the wastewater to a water body, then a state discharge permit is required. Review the Wisconsin Pollutant Discharge Elimination System permit requirements.

Waste

Review the waste overview page to determine which of the facility wastes are considered solid waste and which might be categorized as hazardous. Most solvents used to extract oils and/or clean equipment will be considered hazardous, and plant material that has absorbed solvents may also be considered hazardous. Review the management requirements for hazardous waste. For wastes considered universal wastes – batteries, pesticides, thermometers, lamps – review the information on their special management requirements.

Best Management Practices

For any hemp growing operation interested in minimizing energy use and environmental impacts a summary of best management practices has been developed: Environmental Sustainability in the Cannabis Industry.