Additional Options Proposed for Animal Feeding Operation Rule

The supplemental proposal will be published soon in the Federal Register and open to public comment for 30 days.

Under current law, if CAFOs do not discharge pollutants to waters of the United States they do not need a Clean Water Act permit.

The new proposal would, for the first time, allow CAFOs to certify that they do not discharge.

The EPA is also proposing three different approaches for nutrient management plans (NMPs) that could be used by permitting authorities and CAFOs to determine application rates of manure, litter and wastewater to be incorporated into the permit.

An NMP specifies the amount of manure that can be applied to crops so nutrient runoff to water bodies is minimised.

The EPA has been regulating CAFOs for more than 25 years. In response to a February 2005 federal court decision vacating some portions of a 2003 CAFO rule, EPA proposed a revised rule in June 2006. This proposed rule supplements the 2006 proposal by adding additional options.

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