Animal Feeding Operations
Policy and Guidance Documents

• 2005 Second Circuit Court Decision on CAFOs

On February 28, 2005, the Second Circuit issued its decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486. EPA is updating the 2003 CAFO rule to reflect the changes requested by the Court.
Date Published: 12/19/2005
• Summary of 2005 Second Circuit Court Decision (PDF) (3 pp, 128KB)


• Unaffected Portions of the CAFO Rule Questions and Answers (PDF) (4 pp, 129KB)


• Full Text of the Second Circuit Court Decision (PDF) (65 pp, 296KB)



• Applicability of the NPDES Program to Discharges of Stormwater Associated with Construction Activity at, or Construction of, Livestock Feeding Facilities (PDF) (127KB)

Memorandum clarifying the interpretation of the NPDES regulations as they apply to discharges of stormwater associated with construction activity, construction of, livestock feeding facilitites involving animal feeding operations, concentrated animal feeding operations, and feedlots.
Date Published: 02/05/1998



• Implementation Guidance on CAFO Regulations - CAFOs That Discharge or Are Proposing to Discharge (PDF) (18 pp, 1020KB)

EPA is in the process of revising this guidance to address National Pork Producers Council et al v. EPAI, 635 F.3d 738 (EPA-833-R-10-006).
Date Published: 05/28/2010



• Interpretive Statement and Regional Guidance on the Clean Water Act's Exemption for Return Flows from Irrigated Agriculture (PDF) (43KB)

In Headwaters, Inc. vs. Talent Irrigation District, the U.S. Court of Appeals for the Ninth Circuit held that an applicator of aquatic herbicides was required to obtain a NPDES permit under the Clean Water Act.
Date Published: 03/29/2002



• Memorandum: Clarifying Responsibility of Integrators and their Contract Growers (PDF) (13KB)

Memo signed on March 23, 1999 by J. Charles Fox, Assistant Administrator of the Office of Water to The Honorable Jane Nishida, Secretary of Maryland Department of Environment, clarifying responsibility of integrators and their contract growers.
Date Published: 03/23/1999



• Policy on Using the Clean Water State Revolving Fund to Finance Section 320 Comprehensive Conservation and Management Plan Projects (PDF) (219KB)

CAFOs and stormwater programs that have been issued Phase I or Phase II stormwater permits can not be defined as nonpoint source pollution and can not receive funding as a nonpoint source project. This memorandum clarifies that they are eligible for funding if the project is included in the state's approved National Estuary Program's Comprehensive Conservation and Management Plan (CCMP). Section 320 for CCMPs addresses estuary problems, and the Clean Water State Revolving Fund may be used to fund any or all of the projects identified in the plans to correct estuary problems. Examples of types of projects include wetlands purchase, septic system upgrades, stormwater system enhancements, and agricultural waste management systems, including manure containment ponds, loading, spreading, and injection equipment.
Date Published: 03/01/2001



• Policy Statement on Scope of Discharge Authorization and Shield Associated with NPDES Permits (PDF) (332KB)

EPA's position on the scope of the authorization to discharge under an NPDES permit and the shield thus associated with the permit authorization.
Date Published: 07/01/1994



• Proposed Revised Compliance Dates under the NPDES Permit Regulations and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Operations (PDF) (59KB)

This document proposes to extend certain compliance dates in the NPDES permitting requirements and Effluent Limitations Guidelines and Standards for CAFOs.
Date Published: 01/06/2008



• Spanish Version: Estrategia Nacional Unificada para Operaciones de Alimentación Animal (PDF) (293KB)

The USDA-EPA Unified National Strategy for AFOs in Spanish
Date Published: 03/09/1999



• Unified National Strategy for Animal Feeding Operations

Sets forth a framework of actions for USDA and EPA under existing legal and regulatory authority to reduce impacts to water quality and public health from improperly managed animal wastes.
Date Published: 03/09/1999
• Executive summary and overview of the Unified National AFO Strategy (PDF) (64KB)


• Entire document (PDF) (404KB)

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Last updated on January 04, 2012 8:23 AM
URL:http://cfpub2.epa.gov/npdes/docs.cfm