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EPA/WATER RIN: 2040-AE94 Publication ID: Spring 2008 
Title: Supplemental Notice for CAFO Rule Regarding Terms of the Nutrient Management Plan 
Abstract: This rulemaking is in response to the Second Circuit's February 28, 2005, decision in Waterkeeper Alliance v. EPA, which vacated certain provisions of the 2003 Concentrated Animal Feeding Operations (CAFO) rule. Affected issues include the 1) requirement that all CAFOs with a potential to discharge seek NPDES permit coverage, and 2) review and enforceability of nutrient management plans (NMPs). This supplemental notice would propose an alternative approach for identifying the terms of the NMP to be incorporated into NPDES permits. This action was withdrawn from OMB review on February 2, 14, 2008. A new supplemental notice of proposed rulemaking was signed on March 3, 2008 and published on March 7, 2008. Final action on the new supplemental notice is planned as part of the CAFO Final rule [2040-AE80]. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 122    40 CFR 412   
Legal Authority: CWA 301    304    306    307    308    402    501   
Legal Deadline:  None
Action Date FR Cite
Withdrawn  02/14/2008    
Additional Information: SAN No. 4996.3; Originally split from RIN 2040-AE80. This action is being withdrawn and merged back with RIN 2040-AE80.
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:
George Utting
Environmental Protection Agency
Washington, DC 20460
Phone:202 564-0744

Rebecca Roose
Environmental Protection Agency
Washington, DC 20460
Phone:202 564-0758