ASIWPCA Animal Ag Task Force Discussion of CAFO Rule Date Extension 

June 6, 2007

Purpose:  To provide an opportunity for the States to ask questions
regarding the CAFO date extension proposed rule

Attendees:	Allison Wiedeman (EPA-OWM), Julie Javier (EPA-OWM), Sean
Rolland (ASIWPCA), Carol Galloway (EPA-OECA), Representatives from MI
Ag, MI, IN, CO, SC, MN, WA, WA Ag, OH, OH Ag, SD, DE, NC, IL, LA, NY,
ND, FL, VA, R7, EPA Ag Center

Summary:

Key issues/questions that came up during the meeting

What is delaying the issuance of the final rule? – EPA is working hard
in getting the rule revisions out as expeditiously as possible. 
However, there are complex issues that precluded EPA from completing the
rule by July 31, 2007.  One of the key issues that EPA is wrestling with
is the determination of what terms of the NMP go into the permit.  The
proposed new deadline of February 27, 2009 will allow enough time for
the States and industry to prepare for the new regulations.  EPA intends
to promulgate the final rule well in advance of the February 2009 date.

Who needs to apply? Who are the newly defined CAFOs? – Some States
raised the issue that some existing CAFOs are ‘in limbo’ waiting for
the revised rule to be issued before applying for a permit.  EPA
referred to the Ben Grumbles memo to the Regions wherein it was stated
that “the proposed changes to the compliance dates would not supersede
existing state requirements.”  The States should be implementing their
regulations.  Also, the 25-yr 24-hr storm exemption was removed from the
2003 rule so that existing CAFOs who discharge even with the required
containment structure in place are required to obtain a permit.

Ag stormwater exemption discussion – EPA is considering comments
received on this issue and is in the process of determining how to
respond.

What is a discharge?  Who determines it? – EPA explained that with the
elimination of the ‘duty to apply’ provision after Waterkeeper, the
determination of the need to apply for a permit rests with the CAFO
operator.  However, permitting authorities can inspect nonpermitted
facilities to determine whether or not they are discharging without a
permit.  As presented in the last CAFO roundtable, OECA made CAFO
inspection and compliance one of their top priorities.

NMP implementation – The question was asked why the date for NMP
implementation is being extended if the NMP should be implemented
anyway.  EPA replied that the standards of the NMP did not change. 
However, the process to incorporate the terms of the NMP into the permit
as well as what are enforceable NMP terms are new requirements resulting
from the Waterkeeper decision.  This is why the NMP date is being
extended as well.  EPA stressed the importance of States considering
some type of process to get CAFOs needing permits to develop their NMPs
now in order to prevent a log jam when the deadline comes. 

Implementing programs without a federal regulation – There was general
angst expressed by the States regarding the lack of a federal rule in
the near future because States want support in implementing their
programs – especially those who have already, or are planning to,
revise their programs according to Waterkeeper.  EPA expressed its
intention to support State legislation while the final rule is being
developed and compile information that may assist them with program
revisions (see #7 below).

Is there a system/protocol to assist States in determining what a
discharge is? – EPA suggested a training session for States similar to
the Dallas inspection training provided by OECA in November 2006 for
Agency personnel.  It was further suggested that this can be on the
agenda for the next CAFO roundtable.  OECA and OWM are also working on
putting together materials for the regions that will help them execute
their current programs.  The States want consistency and are therefore
very interested in having similar material.  

Other issues

On farm assessment grant – EPA provided general information on the
grant and asked ASIWPCA to distribute the information to the States.

What is EPA (OWM) currently doing, besides the 2003 CAFO rule revision
that would be of interest to the States and ASIWPCA? – EPA is working
with USDA/NRCS on implementation of the MMP software.  Another project
that is currently being planned is an NMP training geared towards small
farms.

Action Items / Commitments

EPA will be working with OECA to put together an informational
packet/document that will help the States in implementing their existing
regulatory programs.  EPA also expressed its willingness to give States
technical support and general assistance with the permitting process
while the final rule is being revised.

Adjourn

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