Agency Offers Guidance on Implementing CAFO Rule

The U.S. Environmental Protection Agency has released a guidance document, “Implementation Guidance on CAFO Regulations – CAFOs That Discharge or Are Proposing to Discharge,” to assist in implementing the 2008 Concentrated Animal Feeding Operation (CAFO) rule.

EPA promulgated revised regulations for CAFOs in 2008 to require that CAFOs that discharge or propose to discharge must seek coverage under a National Pollutant Discharge Elimination System permit. The rule also clarifies that a CAFO proposes to discharge if it is designed, constructed, operated, or maintained such that a discharge will occur.

Developing guidance that provides additional explanation for how to implement regulations is a routine part of how EPA fulfills its responsibilities to carry out Clean Water Act programs. This guidance will assist EPA and states with program implementation and assist CAFOs in evaluating whether they discharge or propose to discharge.