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EPA/WATER

RIN: 2040-AF46

Publication ID: Spring 2013

Title: ●Section 610 Review of National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations(Section 610 Review)
Abstract: The EPA promulgated revised regulations for Concentrated Animal Feeding Operations (CAFOs) on February 12, 2003 (68 FR 7175). The "2003 CAFO Rule" expanded the number of operations covered by the CAFO regulations and included requirements to address the land application of manure from CAFOs. The 2003 CAFO Rule required all CAFOs to seek NPDES permit coverage. The EPA developed a Final Regulatory Flexibility Analysis (FRFA) for the 2003 CAFO Rule. The EPA took several steps to minimize the impacts of the 2003 CAFO Rule on small businesses, including regulatory revisions designed to focus on the largest producers, eliminating the ''mixed'' animal calculation for operations with more than a single animal type for determining which Animal Feeding Operations (AFOs) are CAFOs, raising the duck threshold for dry manure handling duck operations, and adopting a dry-litter chicken threshold higher than proposed. There have been a number of changes to the 2003 regulations due to court decisions based on legal challenges to the rulemaking, however, this action only pertains to the 2003 rule. Pursuant to section 610 of the Regulatory Flexibility Act, on October 31, 2012, the EPA initiated a review of the 2003 CAFO rule to determine if the provisions as they relate to small entities should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities (77 FR 65840). The EPA has solicited comments on, and will consider, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. After publication, the EPA received requests for additional time to submit comments and extended the public comment period until March 1, 2013 (78 FR 277). The results of the EPA's review will be summarized in a report and placed in the rulemaking docket at the conclusion of this review. This review's Docket ID number is EPA-HQ-OW-2012-0813; the docket can be accessed at www.regulations.gov.
Agency: Environmental Protection Agency(EPA)	Priority: Info./Admin./Other
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: No
RFA Section 610 Review: Section 610 Review
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 610

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Rule	02/12/2003	68 FR 7176
Begin Review	10/31/2012	77 FR 65840
Comment Period Extended	01/03/2013	78 FR 277
End Review	10/00/2013

Additional Information: Docket #:EPA-HQ-OW-2012-0813
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/rfa/section-610.html	Public Comment URL: http://www.regulations.gov/documentDetail;D=EPA-HQ-OW-2012-0813-0001
Sectors Affected: 112111 Beef Cattle Ranching and Farming; 112112 Cattle Feedlots; 11212 Dairy Cattle and Milk Production; 11221 Hog and Pig Farming; 11231 Chicken Egg Production; 11232 Broilers and Other Meat Type Chicken Production; 11233 Turkey Production; 11234 Poultry Hatcheries; 11239 Other Poultry Production; 11241 Sheep Farming; 11242 Goat Farming; 11292 Horses and Other Equine Production; 11299 All Other Animal Production
RIN Data Printed in the FR: Yes
Agency Contact: Hema Subramanian Environmental Protection Agency Water 4203M, Washington, DC 20460 Phone:202 564-5041 Fax:202 564-6384 Email: subramanian.hema@epa.gov