Wednesday,February 12, 2003
Part II
Environmental Protection Agency
40 CFR Parts 9, 122, 123, and 412National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations(CAFOs); Final Rule
VerDate Jan<31>2003 16:50 Feb 11, 2003Jkt 200001PO 00000Frm 00001Fmt 4717Sfmt 4717E:\FR\FM\12FER2.SGM12FER2
7176
Federal Register
/Vol. 68, No. 29/Wednesday, February 12, 2003/Rules and Regulations
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 9, 122, 123 and 412
[FRL–7424–7]RIN 2040–AD19
National Pollutant DischargeElimination System Permit Regulationand Effluent Limitation Guidelines andStandards for Concentrated AnimalFeeding Operations (CAFOs)
AGENCY
:
Environmental ProtectionAgency.
ACTION
:
Final rule.
SUMMARY
:
Today’s final rule revises andclarifies the Environmental ProtectionAgency’s (EPA) regulatory requirementsfor concentrated animal feedingoperations (CAFOs) under the CleanWater Act. This final rule will ensurethat CAFOs take appropriate actions tomanage manure effectively in order toprotect the nation’s water quality.Despite substantial improvements inthe nation’s water quality since theinception of the Clean Water Act, nearly40 percent of the Nation’s assessedwaters show impairments from a widerange of sources. Improper managementof manure from CAFOs is among themany contributors to remaining waterquality problems. Improperly managedmanure has caused serious acute andchronic water quality problemsthroughout the United States.Today’s action strengthens theexisting regulatory program for CAFOs.The rule revises two sections of theCode of Federal Regulations (CFR), theNational Pollutant DischargeElimination System (NPDES) permittingrequirements for CAFOs (Sec. 122) andthe Effluent Limitations Guidelines andStandards (ELGs) for CAFOs (Sec. 412).The rule establishes a mandatory dutyfor all CAFOs to apply for an NPDESpermit and to develop and implement anutrient management plan. The effluentguidelines being finalized todayestablish performance expectations forexisting and new sources to ensureappropriate storage of manure, as wellas expectations for proper landapplication practices at the CAFO. Therequired nutrient management planwould identify the site-specific actionsto be taken by the CAFO to ensureproper and effective manure andwastewater management, includingcompliance with the Effluent LimitationGuidelines. Both sections of the rulealso contain new regulatoryrequirements for dry-litter chickenoperations.This improved regulatory program isalso designed to support andcomplement the array of voluntary andother programs implemented by theUnited States Department of Agriculture(USDA), EPA and the States that helpthe vast majority of smaller animalfeeding operations not addressed by thisrule. This rule is an integral part of anoverall federal strategy to support avibrant agriculture economy while atthe same time taking important steps toensure that all animal feedingoperations manage their manureproperly and protect water quality.EPA believes that these regulationswill substantially benefit human healthand the environment by assuring that anestimated 15,500 CAFOs effectivelymanage the 300 million tons of manurethat they produce annually. The rulealso acknowledges the States’ flexibilityand range of tools to assist small andmedium-size AFOs.
DATES
:
These final regulations areeffective on April 14, 2003.
ADDRESSES
:
The administrative record isavailable for inspection and copying atthe Water Docket, located at the EPADocket Center (EPA/DC) in the basement of the EPA West Building,Room B–102, at 1301 Constitution Ave.,NW., Washington, DC. Theadministrative record is also availablevia EPA Dockets (Edocket) at
under Edocketnumber OW–2002–0025. The rule andkey supporting materials are alsoelectronically available on the Internetat
FOR FURTHER INFORMATION CONTACT
:
Gregory Beatty, U.S. EPA, Office of Water, Office of WastewaterManagement (4203M), 1200Pennsylvania Avenue NW., Washington,DC 20460, 202–564–0724, forinformation pertaining to the NPDESRegulations (Part 122) or Paul Shriner,U.S. EPA, Office of Water, Office of Science and Technology (4303T), 1200Pennsylvania Avenue NW., Washington,DC 20460, 202–566–1076, forinformation pertaining to the EffluentGuideline (Part 412).
SUPPLEMENTARY INFORMATION
:
A. General Information1. What entities are potentially regulated by this final rule?2. How Can I Get Copies of This Documentand Other Related Information?B. Under what legal authority is this finalrule issued?C. How is this preamble organized?D. What is the Comment ResponseDocument?E. What other information is available tosupport this final rule?I. Background InformationA. What is the context for this rule?B. Why is EPA revising the existingeffluent guidelines and NPDESregulations for CAFOs?C. What are the environmental and humanhealth concerns associated withimproper management of manure andwastewater at CAFOs?1. How do the amounts of animal manurecompare to human waste?2. What are ‘‘excess manure nutrients’’ andwhy are they an indication of environmental concern?3. What pollutants are present in animalmanure and wastewater?4. How do these pollutants reach surfacewater?5. How is water quality impaired by animalmanure and wastewater?6. What ecological and human healthimpacts have been caused by CAFOmanure and wastewater?D. What are the roles of the key entitiesinvolved in the final rule?1. CAFOs.2. States.3. EPA.4. USDA.5. Other stakeholders.6. The public.E. What principles have guided EPA’sdecisions embodied in this rule?F. What are the major elements of this finalrule? Where do I find the specificrequirements?1. NPDES Regulations for CAFOs.2. Effluent Limitations Guidelinesrequirements for CAFOs.II. What Events Have Led to This Rule?A. The Clean Water Act1. The National Pollutant DischargeElimination System (NPDES) permitprogram2. Effluent limitations guidelines andstandards3. Effluent guidelines planning process—Section 304(m) requirementsB. Existing Clean Water Act requirementsapplicable to CAFOs1. Scope and requirements of the 1976NPDES regulations for CAFOs2. Scope and requirements of the 1974feedlot effluent guidelinesC. USDA–EPA Unified National Strategyfor Animal Feeding OperationsIII. How Was This Final Rule Developed?A. Small Business Advocacy Review(SBAR) PanelB. Proposed RuleC. 2001 Notice of Data AvailabilityD. 2002 Notice of Data AvailabilityE. Public CommentsF. Public outreach1. Pre-proposal activities2. Post-proposal activitiesIV. CAFO Roles and ResponsibilitiesA. Who is affected by this rule?1. What is an AFO?2. What is a CAFO?3. What types of animals are covered bytoday’s rule?4. Is my AFO a CAFO if it discharges onlyduring large storm events?5. How are land application discharges of manure and process wastewaters atCAFOs covered by this rule?6. How is EPA applying the AgriculturalStorm Water Exemption with respect toLand Application of CAFO Manure andProcess Wastewaters?
VerDate Jan<31>2003 16:50 Feb 11, 2003Jkt 200001PO 00000Frm 00002Fmt 4701Sfmt 4700E:\FR\FM\12FER2.SGM12FER2
7177
Federal Register
/Vol. 68, No. 29/Wednesday, February 12, 2003/Rules and Regulations
7. When and how is an AFO designated asa CAFO?8. Can EPA designate an AFO as a CAFOwhere the State is the permittingauthority?9. How can States use non-NPDESprograms to prevent medium and smalloperations from being defined ordesignated as CAFOs?10. What CAFOs are new sources?B. Who needs a permit and when?1. Who needs to seek coverage under anNPDES permit?2. How can a CAFO make a demonstrationof no potential to discharge?3. When must CAFOs seek coverage undera NPDES permit?4. What are the different types of permits?5. How does a CAFO apply for a permit?6. What are the minimum requiredelements of an NOI or application for anindividual permit?C. What are the requirements andconditions in an NPDES permit?1. What are the different types of effluentlimitations that may be in a CAFOpermit?2. Effluent limitations guidelines for LargeCAFOs3. What technology-based limitations applyto Small and Medium CAFOs?4. Will CAFOs be required to develop andimplement a Nutrient Management Plan?5. Does EPA require nutrient managementplans to be developed or reviewed by acertified planner?6. What are the special conditionsapplicable to all NPDES CAFO permits?7. Standard conditions applicable to allNPDES CAFO permitsD. What records and reports must be kepton-site or submitted?V. States
’
Roles and ResponsibilitiesA. What are the key roles of the States?B. Who will implement these newregulations?C. When and how must a State revise itsNPDES permit program?D. When must States issue new CAFONPDES permits?E. What types of NPDES permits areappropriate for CAFOs?F. What flexibility exists for States to useother programs to support theachievement of the goals of thisregulation?VI. Public Role and InvolvementA. How can the public get involved in therevision and approval of State NPDESPrograms?B. How can the public get involved if aState fails to implement its CAFONPDES permit program?C. How can the public get involved inNPDES permitting of CAFOs?D. What information about CAFOs isavailable to the public?VII. Environmental Benefits of the Final RuleA. Summary of the environmental benefitsB. What pollutants are present in manureand other CAFO wastes, and how dothey affect human health and theenvironment?1. What pollutants are present in animalwaste?2. How do these pollutants reach surfacewaters?3. How is water quality impaired by animalwastes?4. What ecological and human healthimpacts have been caused by CAFOwastes?C. How will water quality and humanhealth be improved by this rule?1. What reductions in pollutant dischargeswill result from this rule?2. Approach for determining the benefits of this rule3. Benefits from improved surface waterquality4. Benefits from improved ground waterqualityD. Other (non-water quality) environmentalimpacts and benefitsVIII. Costs and Economic ImpactsA. Costs of the final rule1. Method for estimating the costs of thisrule2. Estimated annual costs of the finalCAFO regulationsB. Economic Effects1. Effects on the CAFO operation2. Market analysisC. Cost-Benefit and Cost-EffectivenessAnalyses1. Cost-Benefit Analysis2. Cost-Effectiveness AnalysisIX. Coordination With Other FederalProgramsA. How does today
’
s rule function inrelation to other EPA programs?1. Water quality trading2. Total Maximum Daily Load (TMDL)3. Watershed permitting4. Coastal Zone Act ReauthorizationAmendments of 1990 (CZARA)5. Clean Water Act section 319 Program6. Source Water Protection Program7. What is EPA
’
s position regardingEnvironmental Management Systems?B. How is EPA coordinating with otherfederal agencies?X. Statutory and Executive Order ReviewsA. Executive Order 12866: RegulatoryPlanning and ReviewB. Paperwork Reduction ActC. Regulatory Flexibility Act1. Background2. Summary of Final Regulatory FlexibilityAnalysis3. Compliance guide4. Use of Alternative DefinitionD. Unfunded Mandates Reform Act1. Private costs2. State Local and Tribal Government Costs3. Funding and technical assistanceavailable to CAFOs4. Funding available to StatesE. Executive Order 13132: FederalismF. Executive Order 13175: Consultationand Coordination with Indian TribalGovernmentsG. Executive Order 13045: Protection of Children from Environmental HealthRisks and Safety RisksH. Executive Order 13211: Actions thatSignificantly Affect Energy Supply,Distribution, or UseI. National Technology Transfer andAdvancement Act J. Executive Order 12898: Federal Actionsto Address Environmental Justice inMinority Populations and Low-IncomePopulationsK. Congressional Review ActAppendix
—
Form 2B
A. General Information
1. What Entities Are Potentially Regulated by This Final Rule?
This final rule applies to new andexisting animal feeding operations(AFOs) that meet the definition of aconcentrated animal feeding operation(CAFO), or AFOs that are designated asCAFOs by the permitting authority.CAFOs are defined by the Clean WaterAct as point sources for the purposes of the National Pollutant DischargeElimination System (NPDES) program.(33 U.S.C. 1362). The rule also appliesto States and Tribes with authorizedNPDES Programs.Table 1 lists the types of entities EPAis now aware could potentially beregulated by this final rule. This table isnot intended to be exhaustive, but ratherprovides a guide for readers regardingentities likely to be regulated by thisaction. Other types of entities not listedin the table could also be regulated. Todetermine whether your facility isregulated by this action, you shouldcarefully examine the definitions andother provisions of 40 CFR 122.23 andthe provisions of 40 CFR Part 412,including the applicability criteria at 40CFR 412.1. If you have questionsregarding the applicability of this actionto a particular entity, consult one of thepersons listed in the preceding
FOR
FURTHER INFORMATION CONTACT
section.
T
ABLE
1.—E
NTITIES
P
OTENTIALLY
R
EGULATED BY THIS
R
ULE
Category Examples of regulated entitiesNorth American in-dustry code (NAIC)Standard industrialclassification codeFederal, State, and Local Gov-ernment:Industry........................................................................................................................................
See
below..............
See
below
VerDate Jan<31>2003 16:50 Feb 11, 2003Jkt 200001PO 00000Frm 00003Fmt 4701Sfmt 4700E:\FR\FM\12FER2.SGM12FER2
of 00
Environmental Protection Agency: w3074
37 Reads
Info and Rating
| Category: | Uncategorized. |
| Rating: | |
| Upload Date: | 01/26/2008 |
| Copyright: | Attribution Non-commercial |
| Tags: |
Leave a Comment