Concentrated Animal Feeding Operations (CAFO) - Final Rule

EPA promulgated revised regulations for CAFOs on February 12, 2003. The 2003 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 on April 14, 2003 and authorized NPDES states were required to modify their programs by February 2005 and develop state technical standards.

Revised regulations that address the Second Circuit court’s 2005 decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486, were signed on October 31, 2008 and were published in the Federal Register on November 20, 2008. These regulations are effective on December 22, 2008. The 2008 final rule revises the 2003 regulations.

A complete history of EPA’s CAFO rulemaking activities is provided on the CAFO Rule History page.

2012 Final CAFO Rule to Remove 5th Circuit Court’s Vacated Elements

• Final CAFO Rule to Remove Vacated Elements in Response to Fifth Circuit Court’s Decision
• Consolidated Concentrated Animal Feeding Operations (CAFO) Regulations (38 pp, 452K) - This document consolidates the current federal CAFO regulatory requirements included in the 2012 CAFO Rule Revision to remove the 5th Circuit Court’s vacated elements, and the 2008 and 2003 Final CAFO Rules into a single document.

2008 CAFO Regulations

The 2008 final CAFO regulations revise portions of the 2003 CAFO regulations to address the Second Circuit court’s vacature and remand orders in its decision in Waterkeeper Alliance et al. v. EPA.

• 2008 Final CAFO Rule (PDF) (70 pp, 1.1MB)
• 2008 Final CAFO Rule Fact Sheet (PDF) (2 pp, 213K)
• Questions and Answers about the 2008 Final CAFO Rule (PDF) (6 pp, 174K)
• Press Release
• Webcast about the CAFO Final Rule from November 19, 2008 is now available to view at anytime.

2003 CAFO Regulations

Portions of the 2003 final CAFO regulations were revised in 2008 to address the Second Circuit court’s vacature and remand orders in its decision in Waterkeeper Alliance et al. v. EPA.

• Table of Contents: Cross-Reference Guide to Federal Register page numbers (PDF) (5 pp, 121K)
• Entire text of the CAFO Preamble and Final Rule (PDF) (100 pp, 1MB)
• Official Federal Register Notice

Related Documents and Permit Information

Implementation Guidance on CAFO Regulations - CAFOs That Discharge or Are Proposing to Discharge

The Producers' Compliance Guide for CAFOs

NPDES Permit Writers' Manual and Example NPDES Permit for Concentrated Animal Feeding Operations

Statement of Involvement between EPA and USDA (PDF) (2 pp, 146K)

Permit requirements vary by state. To determine your state-specific permit requirements, please contact your State Permitting Authority. Tribes should contact their EPA Regional CAFO Coordinator.

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Last updated on July 31, 2012 2:01 PM
URL:http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm