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CAFO Rule History
This page outlines the events leading to EPA’s current CAFO regulations.
2011 Proposed NPDES CAFO Reporting Rule
EPA is proposing a rule that would require concentrated animal feeding operations (CAFOs) to submit basic operational information to EPA so the Agency can more effectively carry out its CAFO permitting programs on a national level and ensure that CAFOs are implementing practices to protect water quality and human health. The proposal is part of a settlement agreement reached with the Natural Resources Defense Council, Waterkeeper Alliance, and the Sierra Club. Under the proposed rule, EPA is co-proposing two regulatory options regarding which CAFOs would be required to submit information to the EPA. One option would require every CAFO to report this information to EPA, unless states with authorized NPDES programs choose to provide this information on behalf of the CAFOs in their state. A second option would require CAFOs in focus watersheds that have water quality concerns associated with CAFOs to report information to EPA.
EPA is requesting public comment on both proposed rule options for gathering the information identified in the proposal and the alternative approaches to achieve water quality protection. EPA extended the public comment period for the proposed NPDES CAFO Reporting Rule. Comments must be submitted by January 19, 2012.
EPA held webcasts on November 9, 2011 and November 17, 2011, please click here to view the webcasts.
Example of the electronic version of the survey.
Extension of Public Comment Period (PDF) (3 pp, 155K)
Factsheet for Public Comment Period (PDF) (2 pp, 181K)
2008 Final CAFO Rule
On March 15, 2011, the U.S. Court of Appeals for the Fifth Circuit issued its decision in National Pork Producers Council v. EPA (PDF) (29 pp, 404K)regarding litigation over EPA's 2008 amendments to Clean Water Act (CWA) permit regulations for concentrated animal feeding operations (CAFOs). In its decision, the court affirmed that CAFOs that actually discharge into waters of the U.S. are required to apply for NPDES permits. However, the court vacated EPA's requirement that CAFOs that propose to discharge apply for National Pollutant Discharge Elimination System (NPDES) permits. EPA plans to revise the NPDES CAFO regulations consistent with the Fifth Circuit’s decision.
NPDES and Effluent Limitation Guidelines and Standards for CAFOs Final Rule (PDF) (70 pp, 1,368K) - The EPA Administrator signed the final NPDES regulations and ELG for CAFOs on October 31, 2008. These regulations are effective on December 22, 2008.
Consolidated Concentrated Animal Feeding Operations (CAFO) Regulations (44 pp, 226K) - This document consolidates the current federal CAFO regulatory requirements included in the 2008 Final CAFO Rule and the 2003 Final CAFO Rule into a single document.
2006 and 2007 Final Rules for Extension of Compliance Dates for CAFOs
Extension of Certain Compliance Dates for the CAFO NPDES Program - A final rule issued July 18, 2007 extended the deadline, establishing February 27, 2009 as the new date for newly defined CAFOs to seek NPDES permit coverage and for permitted CAFOs to develop and implement nutrient management plans (NMPs) as required by EPA’s 2003 CAFO rule. EPA revised the dates previously extended to July 31, 2007 (71 FR 6978), from the compliance date of December 31, 2006 established in the 2003 regulations, to allow time to finalize the regulations in response to the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005).
2006 and 2008 Proposed CAFO Rules
Supplemental Proposal to the 2006 Proposed Rule  - EPA proposed additional options being considered for inclusion in the rulemaking to respond to the changes required by the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA. This action supplemented the June 2006 proposal to revise the NPDES permitting requirements and Effluent Limitations Guidelines (ELGs) for CAFOs. EPA proposed a voluntary option for CAFOs to certify to the permitting authority that they do not discharge or propose to discharge and therefore do not need NPDES permit coverage. The Agency also proposed a framework for identifying the terms of the nutrient management plan (NMP) and offered three alternative approaches for addressing application rates of manure, litter, and process wastewater when identifying terms of the NMP to be included in the permit.
2006 Proposed Rule - On June 30, 2006, EPA published a proposed rule to revise several aspects of the Agency’s regulations governing discharges from CAFOs in response to the Waterkeeper decision. EPA proposed to require only owners or operators of those CAFOs that discharge or propose to discharge to seek permit coverage. EPA also proposed to require CAFOs seeking authorization to discharge under individual permits to submit their NMPs with their permit applications or, under general permits, with their notices of intent. Permitting authorities would be required to review the NMP and provide the public with an opportunity for meaningful public review and comment. Permitting authorities would also be required to incorporate terms of the NMP as NPDES permit conditions. The proposed rule also addressed the remand of issues for further clarification and analysis. These issues concern clarifications regarding the applicability of water quality-based effluent limitations (WQBELs); new source performance standards for swine, poultry, and veal CAFOs; and "best conventional technology" effluent limitations guidelines for fecal coliform.
Public Meetings (2006)
Public Meetings on the CAFO Proposed Rule (2006) - EPA held a series of public meetings on the 2006 proposed CAFO regulations. The purpose of the meetings was to enhance public understanding of the 2006 proposed regulations for CAFOs. The meetings were not a mechanism for submitting formal comments on the proposal. The following are paraphrased summaries of the issues raised at the public meetings.
2005 Second Circuit Court Decision on CAFOs
Second Circuit Court Decision on CAFOs - On February 28, 2005, the Second Circuit issued its decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486.
2003 Final CAFO Rule
NPDES and Effluent Limitation Guidelines and Standards for CAFOs Final Rule (Some parts of the 2003 final rule are still applicable but other parts are now superceded by the 2008 final rule. Please see the CAFO Final Rule page for more information.) - The EPA Administrator signed the final NPDES regulations and ELG for CAFOs on December 15, 2002 and the 2003 CAFO Final Rule was published in the Federal Register on February 12, 2003. A number of outreach materials associated with the 2003 CAFO Final Rule are available.
- CAFO 2003 Rule Information Sheet - Describes how the CAFO Final Rule provides environmental progress, improves implementation of CAFO rules, and supports the following: rural partnerships, state flexibility, public accountability, and innovation and technology. Lastly, this information sheet describes how the CAFO Final Rule strikes a balance that is practical and effective.
- General Fact Sheet on the CAFO Final Rule - Summarizes why EPA published the 2003 CAFO Final Rule, what the CAFO Final Rule regulates, how the CAFO Final Rule will help public health and the environment, and how much the CAFO Final Rule cost (EPA 821-F-03-003).
- Cost Methodology for the 2003 Final Revisions to the National Pollutant Discharge Elimination System Regulation and the Effluent Guidelines for Concentrated Animal Feeding Operations - Supporting document for the 2003 CAFO Final Rule. Provides the data, methodology, and farm level costs for various regulatory options for CAFOs (EPA-821-R-03-004).
- Development Document for the 2003 Final Revisions to the National Pollutant Discharge Elimination System (NPDES) Regulation and the Effluent Guidelines for Concentrated Animal Feeding Operations (CAFOs) - Supporting document for the 2003 CAFO Final Rule. Technical Development Document (TDD) presents the legal authority, data, and summaries of the analysis that the U.S. Environmental Protection Agency (EPA) used to revise regulations for the concentrated animal feeding operations (CAFOs) industry (EPA-821-R-03-001).
- Economic Analysis of the 2003 Final Revisions to the NPDES and Effluent Guidelines for CAFOs - Supporting document for the CAFO Final Rule. Economic Analysis (EA) summarizes EPA's analysis of the estimated annual compliance costs and the economic impacts that may be incurred by affected operations that are subject to the final revisions (EPA-821-R-03-002).
- Environmental and Economic Benefit Analysis of 2003 Final Revisions to the National Pollutant Discharge Elimination System Regulation and the Effluent Guidelines for Concentrated Animal Feeding Operations - Supporting document for the 2003 CAFO Final Rule. Environmental and Economic Benefit Analysis (Benefits support document) presents the analysis that EPA used to calculate benefits of the 2003 revised regulations for CAFOs (EPA-821-R-03-003).
- Estimation of National Economic Benefits Using the National Water Pollution Control Assessment Model to Evaluate Regulatory Options for Concentrated Animal Feeding Operations (CAFOs) - Supporting document for the 2003 CAFO Final Rule. Report describes the national-scale water quality model for simulating the water quality and economic benefits that result from various water pollution control policies (EPA-821-R-03-009).
- Non-Water Quality Impact Estimates for Animal Feeding Operations - Supporting document for the 2003 CAFO Final Rule. Report describes the non-water quality impacts analysis for the 2003 CAFO Final Rule.
- Pollutant Loading Reductions for the Effluent Limitations Guidelines for Concentrated Animal Feeding Operation - Supporting document for the 2003 CAFO Final Rule. Report describes the application of the Groundwater Loading Effects of Agricultural Management Systems (GLEAMS) to determine the effects of various land application controls. The report also describes the methodologies used to calculate production area loads (EPA-821-R-03-007).
- Supporting Statement for the Information Collection Request for the 2003 Final NPDES and ELG Regulatory Revisions for Concentrated Animal Feeding Operations (CAFOs) - Information Collection Request (ICR) for the 2003 CAFO Final Rule (EPA ICR Number: 1989.02).
- Technical Support Document for the Revisions to the National Pollutant Discharge Elimination System Regulations for Concentrated Animal Feeding Operations - Supporting document for the 2003 CAFO Final Rule. Support materials for the 2003 final NPDES CAFO regulations including affected entities and state costs (EPA-821-R-03-002).
2001 Proposed CAFO Rule
Proposed CAFO Preamble and Rule (2000) - The EPA Administrator signed proposed revisions to the NPDES regulations and ELG for CAFOs.
Notice of Data Availability (2002 and 2001)
Notice of Data Availability (2002) - EPA published a second Notice of Data Availability to make additional data and potential changes available for public review and comment (67 FR 48099).
Notice of Data Availability (2001) - EPA published a Notice of Data Availability to summarize certain data received in public comments on the proposed rule and describe how these data might be used in developing final CAFO regulations (66 FR 58556).
Public Meetings (2001)
Public Meetings on the CAFO Proposed Rule (2001) - EPA conducted nine public meetings on the 2001 proposed CAFO regulations. The purpose of the meetings was to enhance public understanding of the 2001 proposed regulations for CAFOs. The meetings were not a mechanism for submitting formal comments on the proposal. They involved a brief presentation by EPA officials on the proposed regulations followed by a question and answer session.
1999 Unified National Strategy for Animal Feeding Operations and Listening Sessions
Unified National Strategy for Animal Feeding Operations - USDA and EPA held public listening sessions on the draft Unified National Strategy for Animal Feeding Operations in 1998 and released the final Unified National Strategy for Animal Feeding Operations in 1999.
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