EPA is proposing a second extension to the dates that newly defined CAFOs must seek NPDES permit coverage and for permitted CAFOs to develop and implement nutrient management plans (NMPs) as required by EPA’s 2003 CAFO rule. The public comment period for this proposed rule closed on June 11, 2007.

In a February 2006 rulemaking [PDF - 95 KB - 7 pp] EPA extended the same compliance dates to July 31, 2007 (71 FR 6978). EPA revised the dates to allow time to finalize the regulations in response to the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005).

EPA is now proposing February 27, 2009, as the new date for newly defined CAFOs to seek permit coverage and for permitted CAFOs to develop and implement an NMP. EPA is continuing to work on a final rule responding to the Waterkeeper decision. As a result of extensive and widely divergent public comment on the issues raised by the Court, the final rule will not be promulgated by July 31, 2007. The proposed February 27, 2009 deadlines would provide additional time, after the final rule in response to Waterkeeper is promulgated, to allow States, the regulated community, and other stakeholders the opportunity to adjust to the new regulatory requirements.

• Federal Register Notice, Proposed Extension of CAFO Compliance Deadlines [PDF - 128 KB - 6 pp]

• Fact Sheet, Proposed Extension of CAFO Compliance Deadlines [PDF - 43 KB - 2 pp]

• Memo from Ben Grumbles to EPA Regions on Proposed CAFO Extension [PDF - 107 KB - 2 pp]