View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

EPA/WATER

RIN: 2040-AE80

Publication ID: Fall 2008

Title: Concentrated Animal Feeding Operation Rule
Abstract: This action finalizes revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for Concentrated Animal Feeding Operations (CAFOs). This rulemaking is in response to the decision issued by the U.S. Court of Appeals for the Second Circuit Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The rule revises the requirement for all CAFOs to apply for NPDES permits and instead requires only those CAFOs that discharge or propose to discharge to apply for permits. The rule provides a voluntary no discharge certification option for CAFOs that do not discharge or propose to discharge. The rule requires CAFOs seeking permit coverage to submit their nutrient management plans to the permitting authority and requires the permitting authority to include the terms of the nutrient management plans as enforceable permit conditions. The rule also clarifies and reaffirms that although the Clean Water Act (CWA) does not confer authority to regulate agricultural stormwater, the CWA authorizes permitting authorities to include water quality-based effluent limitations (WQBELs) in an NPDES permit to limit discharges from production areas and land application areas that are not agricultural stormwater where necessary to meet applicable water quality standards. In addition, the final rule authorizes permit writers, upon request by new source veal calf, poultry, and swine CAFOs to establish best management practice no discharge effluent limitations as a means of meeting the New Source Performance Standard (NSPS) no discharge standards and affirms that the best conventional technology (BCT) limitations adopted in the 2003 ELGs do in fact represent the Best Conventional Control Technology for fecal coliform.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR Part 122 40 CFR Part 412 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: CWA 301 CWA 304 CWA 306 to 308 CWA 402 CWA 501

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/30/2006	71 FR37744
Supplemental NPRM	03/07/2008	73 FR 12321
Supplemental NPRM Comment Period End	04/07/2008
Final Action	11/00/2008

Additional Information: SAN No. 4996; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2006/June/Day-30/w5773.htm; SNPRM-http://epa.gov/fedrgstr/EPA-WATER/2008/March/Day-07/w4504.htm; EPA Docket information: EPA-HQ-OW-2005-0037
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Rebecca Roose Environmental Protection Agency Water 4203M, Washington, DC 20460 Phone:202 564-0758 Email: Roose.Rebecca@epamail.epa.gov George Utting Environmental Protection Agency Water 4504T, 1200 Pensylvania Avenue, Washington, DC 20460 Phone:202 564-0744 Email: utting.george@epa.gov