AFO that does not land apply manure, litter or process wastewater may request that it be determined to have no potential to discharge. If approved, the CAFO would not have to be permitted. In Tennessee, the only type of operation that could potentially meet the “No Potential to Discharge” requirements would be poultry operations that have covered litter storage and remove all litter from their operation. Any CAFO that land applies litter, manure or wastewater cannot meet the requirements. Dairy and swine operations typically do not remove all waste and wastewater from their operation because of the enormous expense of hauling liquid waste. Additionally, their waste-storage areas are typically lagoon-type structures that are not covered.
"W083-No Potential to Discharge Determination," The University of Tennessee Agricultural Extension Service, , http://trace.tennessee.edu/utk_agexani/52