EPA Extends Clean Water Act Deadlines

July 18, 2007
Compliance deadline dates bumped for concentrated animal feeding operations

The Environmental Protection Agency (EPA) announced today a final rule extending certain compliance deadlines for concentrated animal feeding operations (CAFOs). In response to citizen comment on a federal court order, EPA is moving deadline dates from July 31, 2007 to February 27, 2009.

The first extension deals with water pollution permit application deadlines for facilities defined by EPA as CAFOs for the first time in 2003. A second extension relates to when CAFOs with a Clean Water Act permit must develop and implement nutrient management plans (NMPs). An NMP is a runoff pollution-reduction plan that specifies the amount of manure that operations can apply to crops.

A news release from EPA states, "Until NMPs and other aspects of the regulation can be implemented in accordance with the court ruling, state and existing federal rules unaffected by court ruling will continue to protect water quality."

EPA has been regulating CAFOs for more than 25 years. A federal court decision vacating some parts of a 2003 CAFO rule encouraged EPA to propose a revised rule in 2006. The revision has not yet gone final.

Today's final ruling serves as an extension for the deadlines originally set forth in the 2003 rule. The extensions will allow EPA to finalize the 2006 CAFO rule in response to the court decision before the compliance dates come into effect. They also allow the organization to respond adequately to a wide array of public comments provide states and the agricultural community time to adjust to the new requirements once the 2006 proposal goes final.

The actions announced today will not affect other aspects of the CAFO water permitting program. For further information, visit EPA's animal feeding operations Web site at www.epa.gov/npdes/caforulechanges.

Source: EPA