History of USEPA CAFO Rules

The Commercial Agriculture Program, at times in collaboration with other Missouri agencies, has actively participated in the public comment process of proposed national rules affecting CAFOs. This page provides links to Federal rules affecting CAFOs and Missouri comments on proposed revisions to those rules.

CAFO Rule Time Line

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A time line of USEPA CAFO Rule.

1948 - Passage of the Federal Water Pollution Control Act, the first major US law to address water pollution.

1972 and 1977 - Major revisions of the Federal Water Pollution Control Act initiating current including adoption of the name the Clean Water Act (CWA). Define CAFOs as a point source for regulatory purposes and are the basis for original CAFO rules.

2001 - EPA proposes changes to regulatory requirements for CAFOs and requests public comment.

2003 - EPA publishes revised guidelines and regulations (rules) for CAFOs.

2005 - A Federal court overturns elements of the 2003 Revised CAFO rule in the Waterkeeper’s Decision.

2006 - EPA proposes revisions to the 2003 rules for CAFOs to meet the requirements of the Waterkeeper decision and requests public comment.

Mar. 2008 - EPA proposes additional revisions to the 2003 rules for CAFOs to meet the requirements of the Waterkeepers decision and to respond to the concerns raised in the 2006 comment period. Public comment is requested.

Nov. 2008 - EPA publishes revisions to the 2003 rules for CAFOs in the Federal Register.

Feb. 2012 - EPA publishes permit writer guidance for the 2008 CAFO rule.

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February 2012, USEPA Releases Updated Permit Writer Guidance for CAFO Rule.

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USEPA released on their website new permit writer guidance on how to implement the new federal CAFO rule. This guidance replaces the 2003 document. This document provides permit writers in the states how USEPA interprets the federal rules including detailed examples of specific requirements of 2008 rule.

Link to EPA website; look for "GUIDANCE DOCUMENTS".

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October 31, 2008 USEPA Signs Revision to CAFO Rules

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On October 31, 2008 USEPA administrator Stephen Johnson signed the most recent revisions to the national rules governing permit requirements for concentrated animal feeding operations (CAFOs).  These revisions stem from a February 28, 2005 court ruling overturning portions of the CAFO rules approved in January 2003.

In the short run these new rules will not affect most existing permitted CAFOs in Missouri.  Most permitted operations in Missouri are covered by the General Permit which does not expire until February 2011.

New operations that initiate their construction permit in February 2009 or later will likely need to meet all the requirements of the new rules.  Exactly how this will be accomplished is not yet clear. Missouri operations are currently governed by state rules that will need to be changed if they are to follow the approach to permitting outlined in the new rule.  State rules can be more restrictive but not less restrictive than Federal requirements.

2008 USEPA Final Rule: The text of the document signed Oct. 31, 2008 and published in the Federal Register November 20, 2008. 

Mark-up version:  We have created a document that shows the approved 2008 revisions as modifications to the text of the 2003 rule.  This may help put the changes in better context. 

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March 7, 2008 Proposed Revision to CAFO Rules

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USEPA requested comments on a second round of proposed revisions to the Revised CAFO rules released Feb. 12, 2003 to address the requirements of the February 28, 2003 Waterkeeper’s court decision.

University of Missouri Commercial Agriculture Program, Missouri Department of Natural Resources and Missouri Department of Natural Resources collaborated in developing comments on the proposed rules.

USEPA Proposed Revisions: The text from the March 7, 2008 Federal Record.

Missouri Joint Comments on the Proposed Rule: Joint comments submitted April 4, 2008 to USEPA.

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June 30, 2006 Proposed Revision to CAFO Rules

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USEPA’s first request for comments on extensive proposed revisions to the Revised CAFO rules released Feb. 12, 2003 to address the requirements of the February 28, 2003 Waterkeeper’s court decision.

University of Missouri Commercial Agriculture Program, Missouri Department of Natural Resources and Missouri Department of Natural Resources collaborated in developing comments on the proposed rules.

USEPA Proposed Revisions: The text from the June 30, 2006 Federal Record.

Missouri Joint Comments on the Proposed Rule: Joint comments submitted August 14, 2006 to USEPA.

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February 28, 2005 Waterkeeper’s Court Decision

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February 28, 2005 Waterkeeper’s Court Decision: The text of the court decision overturning key elements of the 2003 Final CAFO rule.

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Feb 12, 2003 Final CAFO Rule

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Feb 12, 2003 Final CAFO Rule: The Federal Register text of the Final CAFO rule outlining the first major changes in the CAFO regulations in nearly 30 years.

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January 12, 2001 Proposed Revision to CAFO Rules

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USEPA’s initial proposal to implement the first major changes to national rules affecting CAFOs in nearly 30 years.

University of Missouri Commercial Agriculture Team developed extensive comments and analyses of the proposed rule. Some of these analysis efforts resulted in peer reviewed journal articles.

USEPA Proposed Revisions: The text from the January 12, 2001 Federal Record.

University of Missouri Special Report Summarizing the 2001 Proposed Rule: This web-based report summarized the contents of a special paper version of the Commercial Agriculture Newsletter focused on helping producers understand the proposed rules.

University of Missouri Brochure Summarizing our comments on the EPA Proposal

University of Missouri Commercial Agriculture Program Comments on the Proposed Rule: Comments submitted July 26, 2001 to USEPA.

USEPA November 21, 2001 Notice of Data Availability (NODA) Request for Comments

University of Missouri Comments on the November 2001 NODA

USEPA July 23, 2002 Notice of Data Availability (NODA) Request for Comments

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