{ "id": "RL33656", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33656", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 453395, "date": "2016-06-01", "retrieved": "2016-10-17T19:56:50.134826", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": "In October 2008, the Environmental Protection Agency (EPA) issued a regulation to revise a 2003 Clean Water Act rule governing waste discharges from large confined animal feeding operations (CAFOs). The 2008 action was necessitated by a 2005 federal court decision (Waterkeeper Alliance et al. vs. EPA, 399 F.3d 486 [2nd Cir. 2005]), resulting from challenges brought by agriculture industry groups and environmental advocacy groups, that vacated parts of the 2003 rule and remanded other parts to EPA for clarification.\nThe Clean Water Act prohibits the discharge of pollutants from any \u201cpoint source\u201d to waters of the United States unless authorized under a permit that is issued by EPA or a qualified state, and the act expressly defines CAFOs as point sources. Permits limiting the type and quantity of pollutants that can be discharged are derived from effluent limitation guidelines promulgated by EPA. The 2003 rule, updating rules that had been in place since the 1970s, revised the way in which discharges of manure, wastewater, and other process wastes from CAFOs are regulated, and it modified both the permitting requirements and applicable effluent limitation guidelines. It contained important first-time requirements: all CAFOs must apply for a discharge permit, and all CAFOs that apply such waste on land must develop and implement a nutrient management plan.\nEPA\u2019s 2008 revised regulation addressed those parts of the 2003 rule that were affected by the federal court\u2019s ruling: (1) it eliminated the \u201cduty to apply\u201d requirement that all CAFOs must either apply for discharge permits or demonstrate that they have no potential to discharge, which was challenged by industry plaintiffs; (2) it added procedures regarding review of and public access to nutrient management plans, challenged by environmental groups; and (3) it modified aspects of the effluent limitation guidelines, also challenged by environmental groups. The 2008 rule also modified a provision of the 2003 rule that the court upheld, clarifying the treatment of a regulatory exemption for agricultural stormwater discharges. CAFOs were to apply for permits and develop nutrient management plans by February 2009. After that date, sources had three years to actually get permit coverage.\nEPA\u2019s efforts to revise the 2003 rule were controversial, particularly regarding the \u201cduty to apply\u201d for a permit and agricultural stormwater exemption provisions. Environmental groups strongly criticized EPA\u2019s actions, arguing that the Waterkeeper Alliance court had left in place several means for the agency to accomplish much of its original permitting approach, but instead EPA chose not to do so. State permitting authorities also had a number of criticisms, focusing on key parts that they argued would greatly increase the administrative and resource burden on state regulators. Farm industry groups were generally supportive of the 2008 rule. Nevertheless, some of them brought a legal challenge. In 2011, a federal court agreed with the industry petitioners and vacated a portion of the 2008 rule concerning the \u201cduty to apply\u201d requirement. EPA revised the rule in 2012 in response to this ruling. Environmental groups have initiated several legal actions as they continue to criticize most of EPA\u2019s efforts to reduce pollution from CAFOs. Congress has shown some interest in CAFO issues in the past, primarily through oversight hearings before issuance of the 2003 and 2008 rules.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33656", "sha1": "1d2e03bf55c523c00bae02fdea110ca112d2bd9a", "filename": "files/20160601_RL33656_1d2e03bf55c523c00bae02fdea110ca112d2bd9a.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33656", "sha1": "2c4eed3a41d4fed50a5018431c081e1a49069f87", "filename": "files/20160601_RL33656_2c4eed3a41d4fed50a5018431c081e1a49069f87.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4743, "name": "Animal Agriculture" } ] }, { "source": "EveryCRSReport.com", "id": 435449, "date": "2014-11-03", "retrieved": "2016-04-06T19:58:00.884843", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": "In October 2008, the Environmental Protection Agency (EPA) issued a regulation to revise a 2003 Clean Water Act rule governing waste discharges from large confined animal feeding operations (CAFOs). The 2008 action was necessitated by a 2005 federal court decision (Waterkeeper Alliance et al. vs. EPA, 399 F.3d 486 (2nd Cir. 2005)), resulting from challenges brought by agriculture industry groups and environmental advocacy groups, that vacated parts of the 2003 rule and remanded other parts to EPA for clarification.\nThe Clean Water Act prohibits the discharge of pollutants from any \u201cpoint source\u201d to waters of the United States unless authorized under a permit that is issued by EPA or a qualified state, and the act expressly defines CAFOs as point sources. Permits limiting the type and quantity of pollutants that can be discharged are derived from effluent limitation guidelines promulgated by EPA. The 2003 rule, updating rules that had been in place since the 1970s, revised the way in which discharges of manure, wastewater, and other process wastes from CAFOs are regulated, and it modified both the permitting requirements and applicable effluent limitation guidelines. It contained important first-time requirements: all CAFOs must apply for a discharge permit, and all CAFOs that apply such waste on land must develop and implement a nutrient management plan.\nEPA\u2019s 2008 revised regulation addressed those parts of the 2003 rule that were affected by the federal court\u2019s ruling: (1) it eliminated the \u201cduty to apply\u201d requirement that all CAFOs must either apply for discharge permits or demonstrate that they have no potential to discharge, which was challenged by industry plaintiffs; (2) it added procedures regarding review of and public access to nutrient management plans, challenged by environmental groups; and (3) it modified aspects of the effluent limitation guidelines, also challenged by environmental groups. The 2008 rule also modified a provision of the 2003 rule that the court upheld, clarifying the treatment of a regulatory exemption for agricultural stormwater discharges. CAFOs were to apply for permits and develop nutrient management plans by February 2009. After that date, sources had three years to actually get permit coverage.\nEPA\u2019s efforts to revise the 2003 rule were controversial, particularly regarding the \u201cduty to apply\u201d for a permit and agricultural stormwater exemption provisions. Environmental groups strongly criticized EPA\u2019s actions, arguing that the Waterkeeper Alliance court had left in place several means for the agency to accomplish much of its original permitting approach, but instead EPA chose not to do so. State permitting authorities also had a number of criticisms, focusing on key parts that they argued would greatly increase the administrative and resource burden on state regulators. Farm industry groups were generally supportive of the 2008 rule. Nevertheless, some of them brought a legal challenge. In 2011, a federal court agreed with the industry petitioners and vacated a portion of the 2008 rule concerning the \u201cduty to apply\u201d requirement. EPA revised the rule in 2012 in response to this ruling. Environmental groups have initiated several legal actions as they continue to criticize EPA\u2019s efforts to reduce pollution from CAFOs. Congress has shown some interest in CAFO issues in the past, primarily through oversight hearings before issuance of the 2003 and 2008 rules.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33656", "sha1": "b0a2101fe9a610307557c09039ff86757e687623", "filename": "files/20141103_RL33656_b0a2101fe9a610307557c09039ff86757e687623.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33656", "sha1": "3ea0667b625ad1b41d0c800fe995fb219220e3eb", "filename": "files/20141103_RL33656_3ea0667b625ad1b41d0c800fe995fb219220e3eb.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 3116, "name": "Animal Agriculture" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc807651/", "id": "RL33656_2012Jul30", "date": "2012-07-30", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120730_RL33656_9ccdf43861b081394ffe270f61bfef64928ec292.pdf" }, { "format": "HTML", "filename": "files/20120730_RL33656_9ccdf43861b081394ffe270f61bfef64928ec292.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc816340/", "id": "RL33656_2011Nov08", "date": "2011-11-08", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20111108_RL33656_7923afa28762c65e197875f98c5da32a7a8f7eec.pdf" }, { "format": "HTML", "filename": "files/20111108_RL33656_7923afa28762c65e197875f98c5da32a7a8f7eec.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc812587/", "id": "RL33656_2010Jun15", "date": "2010-06-15", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100615_RL33656_14d9fd76647ec08de695c6a7674ef8320efb6801.pdf" }, { "format": "HTML", "filename": "files/20100615_RL33656_14d9fd76647ec08de695c6a7674ef8320efb6801.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc817277/", "id": "RL33656_2008Nov20", "date": "2008-11-20", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081120_RL33656_ed8badb689bfd7736a74252707efa3026c00f82d.pdf" }, { "format": "HTML", "filename": "files/20081120_RL33656_ed8badb689bfd7736a74252707efa3026c00f82d.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc770609/", "id": "RL33656_2008Aug20", "date": "2008-08-20", "retrieved": "2015-11-04T09:58:14", "title": "Animal Waste and Water Quality: EPA's Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": "This report discusses the Clean Water Act, which prohibits the discharge of pollutants from any \"point source\" to waters of the United States unless authorized under a permit that is issued by Environmental Protection Agency (EPA) or a qualified state. The act also expressly defines confined animal feeding operations (CAFOs) as point sources.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080820_RL33656_35ff3b657397b55e36ea2fd4b351398eedee5131.pdf" }, { "format": "HTML", "filename": "files/20080820_RL33656_35ff3b657397b55e36ea2fd4b351398eedee5131.html" } ], "topics": [ { "source": "LIV", "id": "Water policy", "name": "Water policy" }, { "source": "LIV", "id": "Water allocation (Policy)", "name": "Water allocation (Policy)" }, { "source": "LIV", "id": "Water resources development", "name": "Water resources development" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813531/", "id": "RL33656_2007Aug31", "date": "2007-08-31", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070831_RL33656_55486ac8324d445324f122d28264792de30825ef.pdf" }, { "format": "HTML", "filename": "files/20070831_RL33656_55486ac8324d445324f122d28264792de30825ef.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc808471/", "id": "RL33656_2007May16", "date": "2007-05-16", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070516_RL33656_1b49a55531f9bac1bc970d33c927bdd4870bc534.pdf" }, { "format": "HTML", "filename": "files/20070516_RL33656_1b49a55531f9bac1bc970d33c927bdd4870bc534.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc818692/", "id": "RL33656_2007Apr11", "date": "2007-04-11", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070411_RL33656_57cee3c6eefaff06e16028d8e6bfb3406696a5ab.pdf" }, { "format": "HTML", "filename": "files/20070411_RL33656_57cee3c6eefaff06e16028d8e6bfb3406696a5ab.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811252/", "id": "RL33656_2006Sep20", "date": "2006-09-20", "retrieved": "2016-03-19T13:57:26", "title": "Animal Waste and Water Quality: EPA\u2019s Response to the Waterkeeper Alliance Court Decision on Regulation of CAFOs", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060920_RL33656_356e74a297a0db1ae331f7a80b86088e2c8f9dd1.pdf" }, { "format": "HTML", "filename": "files/20060920_RL33656_356e74a297a0db1ae331f7a80b86088e2c8f9dd1.html" } ], "topics": [] } ], "topics": [ "Environmental Policy" ] }