United States Environmental Office of Wastewater Management, 4203M July 2007
Protection Agency
Concentrated Animal Feeding Operations
Final Rulemaking: Date Extension
EPA is extending the dates for newly defined concentrated animal feeding operations (CAFOs) to seek
National Pollutant Discharge Elimination System (NPDES) permit coverage and for all permitted
CAFOs to develop and implement nutrient management plans (NMPs) as required by EPA 's 2003
CAFO rule. The extensions are necessary to allow the Agency time to finalize a rule in response to the
decision issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399
F.3d 486 (2ndCir. 2005). EPA is setting February 27, 2009, as the new date for newly defined
CAFOs to seek water permit coverage and for permitted CAFOs to develop and implement their
NMPs.
Background
EPA promulgated regulations for CAFOs in February 2003. The revised regulations expanded the
number of operations covered by the CAFO regulations and included requirements to address the land
application of manure from CAFOs. The rule became effective April 14, 2003, and States were
required to modify their programs by February 2005 and develop State technical standards regarding
appropriate land application practices.
Lawsuits in opposition to various provisions in the regulations were filed in October 2003 in the U.S.
Court of Appeals for the Second Circuit. On February 28, 2005, the Second Circuit issued its
nationally applicable decision in Waterkeeper Alliance et al. v. EPA. EPA is continuing to work on a
final rule in response to the Waterkeeper decision, but will not complete the rulemaking prior to the
date by which newly defined CAFOs must seek permit coverage.
About this Regulation
EPA is extending certain compliance dates in the NPDES permitting requirements and Effluent
Limitations Guidelines and Standards (ELGs) for CAFOs as part of EPA's efforts to respond to the
order issued by the Second Circuit. This final rule revises dates established in the 2003 CAFO rule,
and later modified in February 2006, by which facilities newly defined as CAFOs are required to seek
permit coverage and by which all permitted CAFOs are required to develop and implement NMPs.
The following date changes are made:
• EPA is extending the date by which operations defined as CAFOs as of April 14, 2003 (but
were not defined as CAFOs prior to that date) must seek NPDES permit coverage, from July
31, 2007, to February 27, 2009.
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• EPA is also amending the date by which operations that become defined as CAFOs after April
14, 2003 —due to operational changes that would not have made them a CAFO prior to April
14, 2003 and that are not new sources—must seek NPDES permit coverage, from July 31,
2007, to February 27, 2009.
• In addition, EPA is extending the deadline by which permitted CAFOs are required to develop
and implement NMPs, from July 31, 2007, to February 27, 2009.
This final rule revises and updates all references in the NPDES regulations and the Effluent
Limitations Guidelines (ELGs) to the date by which permitted CAFOs must develop and implement
NMPs.
The extensions will ensure that permit application deadlines for newly defined CAFOs and dates by
which permitted CAFOs must develop and implement an NMP will not take effect until after the final
rule revisions in response to the Waterkeeper decision have been completed. Revisions to other
portions of the 2003 CAFO rule consistent with the court's decision will appear in a subsequent
rulemaking.
How to Get Additional Information
Copies of the Federal Register Notice containing the final rule are available on EPA's website at
Copies of the final rule may also be obtained by contacting
EPA's Water Resource Center, Mail Code RC-4100T, 1200 Pennsylvania Avenue NW, Washington,
DC 20460, 202-566-1729, or via email at center.water-resource@epa.gov.
US ENVIRONMENTAL PROTECTION AGENCY
1200 PENNSYLVANIA AVENUE, N.W. (MAIL CODE 4203M)
WASHINGTON, D.C. 20460
EPA-833-F-07-008
July 2007
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