Section 4 Proposed Revisions to Federal CAFO Regulations

• Library: Environmental Law 2002 Supp Replacement chs

EPA has proposed comprehensive revisions to the existing regulations governing CAFOs set out at 40 C.F.R. pt. 122. See 66 Fed. Reg. 2960 (Jan. 12, 2001). EPA has received numerous public comments and is currently considering the final adoption of these proposed regulations. Perhaps most significant is the proposal to lower the thresholds at which facilities are considered CAFOs. See 66 Fed. Reg. at 2996–98. EPA has proposed two alternatives to redefine CAFOs. The first alternative is the “two-tier structure.” Under this alternative, a facility with 500 or more animal units would be defined as a CAFO. In effect, this proposal would simply lower the threshold in the current definition of CAFO from 1,000 to 500 animal units. Operations with fewer than 500 animal units still could be specifically designated as CAFOs by the permitting authority if certain risk factors were present.

EPA’s second proposed alternative is the “three-tier structure.” See 66 Fed. Reg. at 2998–3004. Under this...