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EPA/WATER | RIN: 2040-AE80 | Publication ID: Spring 2008 |
Title: Concentrated Animal Feeding Operation Rule | |
Abstract: This rulemaking is in response to the U.S. Court of Appeals for the Second Circuit's February 28, 2005, decision in Waterkeeper Alliance vs. EPA, which remanded and/or vacated certain provisions in the Concentrated Animal Feeding Operations (CAFO) rule found at 40 CFR parts 122 and 412. Two vacatures from the case affect the 1) requirement that all CAFOs with the potential to discharge apply for an NPDES permit, and 2) provisions that fail to require the terms of nutrient management plans (NMPs) to be reviewed by the public, approved by the permitting authority, and made enforceable terms of NPDES permits. This rule would maintain the duty to apply for CAFOs that discharge or propose to discharge, and would establish an optional means for nondischarging CAFOs to self-certify that they do not discharge or propose to discharge if they qualify for certification. The rule also would establish a process to make terms of the NMPs available for public comment, approved by the permit authority, and incorporated into the permit. The proposal identifies three approaches to identifying the minimum required terms of NMPs to be included in NPDES permits. It is EPA's intention to make only those changes necessary to address the issues raised by the court. | |
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 122 40 CFR 412 | |
Legal Authority: CWA 301 304 306 307 308 402 501 |
Legal Deadline:
None |
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Timetable:
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Additional Information: SAN No. 4996; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2006/June/Day-30/w5773.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: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: George Utting Environmental Protection Agency Water 4504T, 1200 Pensylvania Avenue, Washington, DC 20460 Phone:202 564-0744 Email: utting.george@epa.gov Rebecca Roose Environmental Protection Agency Water 4203M, Washington, DC 20460 Phone:202 564-0758 Email: Roose.Rebecca@epamail.epa.gov |