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Background On the New EPA CAFO Regulations
In almost three years since the Second Circuit Court of Appeals issued a decision in the Waterkeeper Alliance et al. v. EPA, the U.S. Environmental Protection Agency has finalized revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for concentrated animal feeding operations, or CAFOs.
The Waterkeeper case was in response to the EPA’s February 2003 issuance of revised Clean Water Act permitting requirements and effluent limitations for CAFOs, which had expanded the number of CAFOs required to seek NPDES permits and added requirements for land application of manure. The court ordered the Agency to address certain aspects of its Clean Water Act regulations pertaining to CAFOs.
The EPA published proposed rules in June 2006, then March 2008, describing how it planned to address the court’s decisions. In October 2008, the EPA signed the final revised rules.
Two Major Court Decisions Related to the New CAFO Rule
The two major original decisions by the court are followed by the EPA’s response:
Court: Remove the requirement for all CAFOs to apply for NPDES permits.
EPA: Only CAFOs that discharge are required to apply for NPDES permits. These CAFOs will be determined on a case-by-case basis through an assessment. In addition, CAFOs that do not discharge may request a no-discharge certification.
Court: Add requirements for Nutrient Management Plans (NMPs) to be submitted by CAFOs with their permit applications, reviewed by permitting authorities and the public, and the NMP terms incorporated into permits.
EPA: CAFOs are required to submit an NMP with their application for an NPDES permit. After reviewing the NMP, the permitting authorities are required to provide the public with an opportunity to review the NMP.
Additional Information on the 2008 CAFO Rule
More Articles in the November, 2008 Newsletter
- November Webcast Has Changed, Will Now Focus on Changes to the EPA CAFO Regulations
- December Webcast Is About the Manure Management Planner Software
- CLEANmp Now Available to Producers in the Eastern U.S.
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