| Abstract |
The revised provision at 40 CFR 122.23(d) requires all concentrated animal feeding operations (CAFOs) that discharge or propose to discharge to seek National Pollutant Discharge Elimination System (NPDES) permit coverage. Section 40 CFR 122.23(d) also provides that a CAFO proposes to discharge if it is designed, constructed, operated, or maintained such that a discharge will occur. This requirement to seek NPDES permit coverage applies to all owners and operators of CAFOs1 that discharge or propose to discharge regardless of the volume or duration of the discharge. For CAFOs that already have permit coverage, permit coverage must be maintained by applying for a new permit at least 180 days prior to expiration of the existing permit (or as provided by the permitting authority) unless the CAFO will not discharge or propose to discharge when the permit expires. 40 CFR 122.23(g). It is the responsibility of the CAFO owner or operator to seek authorization to discharge at the time they propose to discharge, if they have not already done so. 40 CFR 122.23(f). Any CAFO that is required to seek or maintain permit coverage and fails to do so may be subject to enforcement. See 73 Fed. Reg. 70,418, 70,423-25 (Nov. 20, 2008). |
