Revision To Arizona Rules on Management of Reclaimed Water

ADEQ is considering changes to all the reclaimed water rules and expects to publish proposed rule changes, likely in the fall of 2016,


Reclaimed water is highly treated wastewater from a wastewater treatment plant. A.R.S. § 49-201(32). Reclaimed water has uses such as for irrigation. Using reclaimed water offsets and conserves potable water for human consumption and domestic purposes.


The Arizona Department of Environmental Quality (ADEQ) seeks to amend R18-9-704 in order to allow incidental runoff of reclaimed water under certain conditions. This rulemaking would be limited to amending only R18-9-704, as ADEQ is working with stakeholders to consider other changes to the reclaimed water rules.



Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment. Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Final Iowa Nutrient Reduction Strategy

The Iowa Department of Agriculture and Land Stewardship, Iowa Department of Natural Resources and Iowa State University have released the final Iowa Nutrient Reduction Strategy . The Iowa Department of Agriculture and Land Stewardship and Iowa Department of Natural Resources (DNR) worked with Iowa State University over a two-year period to develop a draft strategy that was released for public comment period on November 19, 2012. Over 1,700 written comments were received from November 19, 2012 to January 18, 2013.

The Iowa Nutrient Reduction Strategy is a science and technology-based approach to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico. The Iowa strategy was developed in response to the 2008 Gulf Hypoxia Action Plan that calls for the 12 states along the Mississippi River to develop strategies to reduce nutrient loading to the Gulf of Mexico. The strategy will be used to develop operational plans through the Water Resources Coordinating council. The strategy is designed to direct efforts to reduce nutrients in surface water from both point sources, such as wastewater treatment plants and industrial facilities, and nonpoint sources, including farm fields and urban areas, in a scientific, reasonable and cost effective manner.


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National Rivers and Stream Assessment Report Released

U.S. Environmental Protection Agency has released the 2008-2009 National Rivers and Stream Assessment. The survey looked at the health of thousands of stream and river miles across the country, and reported that about 55% are in poor condition for aquatic life. The report findings include:

• Nitrogen and phosphorus are at excessive levels. An estimated 27% of the nation’s rivers and streams have excessive levels of nitrogen, and 40% have high levels of phosphorus.
• Streams and rivers are at an increased risk due to decreased vegetation cover and increased human disturbance. These conditions can cause streams and rivers to be more vulnerable to flooding, erosion, and pollution. Approximately 24% of the rivers and streams monitored were rated poor due to the loss of healthy vegetative cover.
• Increased bacteria levels. High bacteria levels were found in 9% of stream and river miles making those waters potentially unsafe for swimming and other recreation.
• Increased mercury levels. More than 13,000 miles of rivers have fish with mercury levels that may be unsafe for human consumption.

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Changes Considered To Minnesota Water Quality Regulations

The Minnesota Pollution Control Agency is proposing to make some revisions to Minnesota Rules Chapters 7050, 7052 and 7053. The amendments proposed for this rulemaking are the result of the 2008 public review of Minnesota’s water quality standards. The scope of this rulemaking will address six areas of the water quality standards:

1. River Eutrophication — numeric nutrient standards for rivers, streams, the Mississippi River pools and Lake Pepin.
2. Total Suspended Solid (TSS) — replacement of the existing standard for water turbidity with more scientifically accurate, region-specific TSS standards.
3. Human Health Methods — updates to the methods used for establishing the Class 2 chronic water quality standards to protect human health.
4. Process for listing Class 2A waters as cold water communities/trout waters — refine the current basis for classifying Class 2A waters to also include biological information on the aquatic communities.
5. Class 3 Waters — update the basis for identifying Class 3 waters and remove the numeric standards.
6. Other changes to use classifications — regular review and updates to Class 1 and Class 7 Limited Resource Value Waters.

The MPCA anticipates to conduct public informational meetings in Summer 2013 and to publish proposed rules in Fall 2013. Final rules would be effective in Spring 2014

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Summary of 2011 EPCRA 313 TRI Releases To Great Lakes

Releases of EPCRA Section 313 reportable chemicals into surface waters in the Great Lakes Basin increased by 12 % from 2010 to 2011, according to the U.S. Environmental Protection Agency’s annual Toxics Release Inventory report. Nationwide, releases due to surface water discharges decreased by 3 %.

Nitrates and pesticides from municipal wastewater treatment plants and agriculture account for most of the releases from surface water discharges to the Great Lakes Basin. Nitrates were also discharged by primary metals facilities, such as iron and steel mills and smelters, and food and beverage manufacturers.

For the summary, the Great Lakes Basin consists of Lakes Superior, Michigan, Huron, Erie and Ontario; a number of other smaller lakes and waterways; and the surrounding watershed. The watershed covers parts of Illinois, Indiana, Minnesota, Michigan, New York, Ohio, Pennsylvania and Wisconsin, and parts of Ontario in Canada. Despite increases from 2010 to 2011, overall Section 313 releases in the Great Lakes Basin have decreased about 40 % since 2003 and are currently at the second-lowest level in a decade. Surface water, air and land releases in the basin increased by 12, 1 and 4 % respectively, while underground injection decreased 5 % from 2010 to 2011.

Read summary of national EPCRA TRI releases for 2011.

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EPA Comments On Draft Iowa Nutrient Reduction Strategy

U.S. EPA Region 7 has provided comments on the draft Iowa Nutrient Reduction Strategy released Nov. 19, 2012. EPA commends the Iowa Department of Natural Resources (IDNR) and Iowa Department of Agriculture and Land Stewardship (IDALS) for developing the strategy that embraces ambitious specific nutrient reduction targets. Iowa based its draft strategy on EPA’s 2011 memorandum that dealt with how states should achieve long-term reductions in nitrogen and phosphorous pollution in water bodies.

EPA states that supports states leading efforts to reduce nutrient loads from point and nonpoint sources but stresses that EPA is not mandating specific strategies or solutions. The draft strategy raised concerns about EPA’s ecoregional criteria published in 2000. Since then, EPA and some states have identified a range of options that can be appropriately used for development and implementation of numeric nutrient criteria.

In its comments, EPA does offer recommendations to strengthen the policy considerations and point and nonpoint source sections of the document. The Agency makes a number of recommendations to be addressed during implementation of Iowa’s nutrient reduction efforts.

Read a summary of the Iowa Nutrient Reduction Strategy

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Iowa Nutrient Reduction Strategy Comment Period Extended

The public comment period for the Iowa Nutrient Reduction Strategy has been extended by two weeks until January 18, 2013. The original 45-day comment period was scheduled to close on January 4.

According to IDNR, as of January 2 more than 350 comments had been received on the plan. The Iowa Nutrient Reduction Strategy is a science and technology-based approach to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico. The strategy outlines voluntary efforts to reduce nutrients in surface water from both point sources, such as wastewater treatment plants and industrial facilities, and nonpoint sources, including farm fields and urban areas.

The Iowa Department of Agriculture and Land Stewardship (IDALS) and Iowa Department of Natural Resources (DNR) worked with Iowa State University over a two-year period to develop the strategy. The Iowa strategy was developed in response to the 2008 Gulf Hypoxia Action Plan that calls for the 12 states along the Mississippi River to develop strategies to reduce nutrient loading to the Gulf of Mexico. The Iowa strategy follows the recommended framework provided by EPA in 2011 and is only the second state to complete a statewide nutrient reduction strategy.

More information on Iowa Nutrient Reduction Strategy

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Oklahoma Approved To Issue Agricultural Related NPDES Permits

The Environmental Protection Agency has approved Oklahoma’s request for issuing agriculture-based Clean Water Act discharge permits to the Oklahoma Department of Agriculture, Food and Forestry (ODAFF). The Oklahoma legislature first proposed the delegation of authority from EPA to ODAFF in 1994. On August 16, 2012, the Governor of Oklahoma requested NPDES permit program approval and submitted a Statement of Legal Authority, copies of applicable state statutes and regulations, and a Memorandum of Understanding to be approved by the EPA Region 6 Regional Administrator and the Commissioner of Agriculture for the ODAFF.

Oklahoma will take over responsibility to implement the Agriculture Pollutant Discharge Elimination System (AgPDES) program covering discharges associated with concentrated animal feeding operations, the application of biological or chemical pesticides, discharges from forestry activities, and discharges of storm water from agricultural activities.

The Clean Water Act of 1972 created the National Pollutant Discharge Elimination System program under which the EPA may issue permits for the point source discharge of pollutants to waters of the United States. The Act requires the EPA to authorize a state to administer an equivalent state program upon the Governor’s request, provided the state has the appropriate legal authority and a program sufficient to meet the Act’s requirements.

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Iowa Nutrient Reduction Strategy Released

On November 19, 2012, the State of Iowa announced the release of the Iowa Nutrient Reduction Strategy for public comment. Interested parties were invited to submit comments during a 45 day comment period that will end on January 4, 2013.

The Iowa Nutrient Reduction Strategy is a science and technology-based approach to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico. The strategy outlines voluntary efforts to reduce nutrients in surface water from both point sources and nonpoint sources. The Iowa Department of Agriculture and Land Stewardship, Iowa Department of Natural Resources (DNR) worked with Iowa State University over a two-year period to develop the strategy.

The Iowa strategy has been developed in response to the 2008 Gulf Hypoxia Action Plan that calls for the 12 states along the Mississippi River to develop strategies to reduce nutrient loading to the Gulf of Mexico. The Iowa strategy follows the recommended framework provided by EPA in 2011. Iowa is the second state to complete a statewide nutrient reduction strategy.

To address point source discharges, such as POTW and industrial discharge, the Iowa Department of Natural Resources will be working with major facilities throughout the state to reduce nutrient discharges from point sources to Iowa's waters with a goal of reducing total phosphorus by 16% and total nitrogen by 4 %.

Summary of proposed permitting requirements for point source discharges under nutrient reduction plan


To address nutrient transport from nonpoint sources the strategy uses a scientific assessment of conservation practices and associated costs to reduce loading of nutrients to Iowa surface waters. The strategy identifies five key categories to focus the efforts in addressing nonpoint sources and identifies multiple action items within each category. The five categories are:

• Setting Priorities;
• Documenting Progress;
• Research and Technology;
• Strengthen Outreach,
• Education,
• Collaboration; and
• Funding.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Great Lakes Restoration Initiative Grants Awarded In Michigan

The U.S. Environmental Protection Agency has announced Great Lakes Restoration Initiative grants for projects in Michigan to improve water quality and reduce excess nutrients that contribute to harmful algal blooms in Great Lakes watersheds, including Lake Erie, Lake Huron and Lake Michigan. The restoration projects in Michigan are:

• $350,000 to the Michigan Department of Environmental Quality For Nutrient Reduction in the River Raisin and Lake Erie Basin: This project will reduce agricultural sources of nitrogen and phosphorus by 30 -50% through the installation of 133 water control structures on 4,000 – 5,000 acres of tilled cropland. Environmental benefits will include a reduction in nitrate and dissolved reactive phosphorus loadings from the treated areas to the River Raisin watershed and the Western Lake Erie Basin. This project builds on an earlier GLRI project which promoted voluntary best management practices designed to reduce nutrients from agricultural operations in the Raisin River watershed.
• $265,980 to the Michigan Department of Agriculture and Rural Development to Reduce Sediment and Nutrients Entering the Western Lake Erie Basin: The Michigan Department of Agriculture and Rural Development will use this funding to increase implementation of effective conservation practices on farm fields to significantly reduce the quantity of sediment and nutrients discharged into the Western Lake Erie Basin. The project will prevent 30,400 tons of sediment, 42 tons of phosphorus and 67 tons of nitrogen from entering Lake Erie tributaries; 176 acres of wetlands will be restored.
• $499,741 to the Grand Traverse Bay Watershed Initiative for the Kids Creek Stormwater Reduction Project: This project will improve water quality on a major tributary to Kids Creek, an impaired stream in the Grand Traverse Bay watershed, by replacing underground culverts and channelized ditches with a natural meandering channel. The new stream channel will eliminate 73,000 square feet of impervious area, establish 27,000 square feet of floodplain and create a 15- to 30-foot-wide buffer. Green infrastructure will also be installed to further reduce stormwater and sedimentation impacts to Kids Creek.
• $995,204 to the Michigan Department of Environmental Quality for Kawkawlin River Targeted Phosphorus and E. Coli Reduction: This project will implement best management practices (BMPs) identified in the Kawkawlin River Watershed Management Plan. The BMPs include installing six miles of agricultural buffers, 1,700 acres of wind barriers, 1,000 feet of livestock exclusion fencing and planting 6,000 acres of cover crops. This project is expected to prevent E. coli, 15,491 pounds of phosphorus (30 % of the load reduction goal for the watershed) and 10,921 tons of sediment from reaching Saginaw Bay each year.
• $798,282 to the Muskegon River Watershed Assembly for Restoration of Riparian Areas in the Muskegon River Watershed: This project will reforest more than 400 acres of riparian land, restore 150 acres of streambank using native vegetation, put 150 acres of revegetated or natural riparian land into conservation easements, develop 14 forest stewardship plans and implement proper erosion control best management practices at four riparian sites in high priority sub-watersheds of the Muskegon River. This project is expected to prevent 100 tons of sediment, 1,000 pounds of phosphorus and 6,000 pounds of nitrogen from reaching the Muskegon River, the Muskegon Lake Area of Concern and Lake Michigan each year.
• $189,376 to Michigan State University for Locating and Targeting High-Impact Farm Fields to Reduce Phosphorus Discharges: This project will provide electronic mapping technology to agricultural conservation technicians (such as federal and state natural resource agency employees) that will help the technicians identify and target farm fields that are especially prone to high rates of phosphorus discharge. The technicians can then begin working with the owners of these targeted fields and encourage the implementation of conservation practices such as cover crops and improved management of phosphorus and drainage water. As a result of this project, conservation practice implementation can be focused on farm fields having the greatest impacts on water quality, ultimately resulting in a reduction of soluble phosphorus loading in the Saginaw basin.

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Proposed Tennessee Rules On Biosolid Land Application

The Tennessee Water Quality Board has initiated the rulemaking process to promulgate rules for the land application of biosolids. Biosolids are solid organic matter recovered from a sewage treatment plant and used especially as fertilizer. Biosolids are currently regulated under 40 CFR Part 503. However, the State of Tennessee has no authority to enforce 40 CFR Part 503. EPA-Region 4 is the permitting authority per Part 503, but has had a very small presence in Tennessee since the promulgation of 40 CFR Part 503 in 1993.

The requirements of the proposed Tennessee rules are similar to 40 CFR Part 503 for the land application of Class B biosolids. In order to land apply Class B biosolids under 40 CFR Part 503, a level of pathogen reduction and vector attraction reduction option must be achieved and the concentrations of certain metals (pollutants or contaminants) must not exceed safe levels. With regard to pathogen reduction, vector attraction reduction and metal concentrations, the requirements of these proposed rules for the land application of Class B biosolids are the same as the requirements in 40 CFR Part 503.

The monitoring frequency, the recording keeping and reporting requirements are also the same, except that the proposed rules provide specifics for the agronomic rate calculation and add a few more setbacks to ensure protection of the waters of the state. There are no fees associated with the biosolids rules and general permit for the land application of Class B biosolids.

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Grant To Louisiana Coastal Protection and Restoration Authority

The Environmental Protection Agency has awarded the Louisiana Coastal Protection and Restoration Authority (CPRA) $100,000 to reduce hypoxia in the Gulf of Mexico. The funds will be used to develop a statewide nutrient reduction strategy for Louisiana which adopts strategic elements identified in action plans of the Gulf of Mexico Alliance and the Gulf of Mexico Hypoxia Task Force.

Because of the devastation of hurricanes Katrina and Rita in 2005, the Louisiana Legislature restructured the state's Wetland Conservation and Restoration Authority to form the CPRA. The CPRA is the single state entity with authority to articulate a clear statement of priorities and to focus development and implementation efforts to achieve comprehensive coastal protection for Louisiana.

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Water Quality Based Effluent Limitations for Phosphorus Approved

US EPA has approved the program in Wisconsin to control the discharge of phosphorus to surface waters. Wisconsin adopted the new subchapter, Wisconsin Administrative Code Chapter NR 217, Subtitle III, “Water Quality Based Effluent Limitations for Phosphorus,” in 2010, but EPA did not approve it until July 25, 2012.

Wisconsin's program will allow permit holders (such as publicly owned treatment works, or POTW) to meet phosphorus discharge requirements through partnership arrangements with others who release phosphorus. Permit holders can make such arrangements to achieve phosphorus reductions more economically. This will allow communities and other permit holders to save money while still ensuring overall phosphorus levels are reduced in the watershed.

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Approval Of NDEQ New And Revised Water Quality Standards

EPA has completed its review of the Nebraska Department of Environmental Quality’s new and revised water quality standards. EPA’s June 22, 2012, decision letter provides a more detailed description of EPA’s review. The Clean Water Act (CWA) requires states to review water quality standards every three years and submit new or revised standards to EPA for review and approval.

The approved standards include:

• new and revised surface water criteria to protect aquatic life and human health;
• new and revised public drinking water supply criteria;
• numeric nutrient criteria for lakes; and
• new use designations for four lakes.

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Water Quality Standards For Florida Streams and Downstream Protection of Lakes

US EPA has released a Notice of Proposed Rule Making (NPRM) for a rule to address an order by the U.S. District Court for the Northern District of Florida from February 18, 2012 The District Court had remanded to the EPA two portions of its numeric water quality standards for nutrients in Florida that were promulgated and published on December 6, 2010.

This proposed rule will either provide additional justification for the criteria derived or derive different criteria using the reference condition approach for Florida streams and for the derivation of the downstream protective values (DPVs) for unimpaired lakes. The rule will address the likelihood of adverse impact, i.e., imbalance in natural populations of aquatic flora and fauna, occurring at concentrations greater than the stream criteria and the DPVs for unimpaired lakes.

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Approval of New Jersey 303(d) Impaired Waters Threatened Waters List

U.S. Environmental Protection Agency has approved the 2010 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body is one that does not meet federal water quality standards even after pollution controls have been put in place. A threatened water body is one that is expected to become impaired within two years.

The list specifically includes impaired waters for which the development of a Total Maximum Daily Load, or TMDL, is necessary. The TMDL defines the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards. In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay.

The most common pollutants causing impairment in New Jersey water bodies include PCBs (8.33%), dissolved oxygen (8.19%), phosphorus (7.86%), pH (7.62%), and arsenic (6.89%). New Jersey’s 2010 list identifies 2,112 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state. The list also notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution, including acid rain.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Water Quality Control Rule Revision In Georgia

The Georgia Environmental Protection Division has proposed revisions to water quality control rules. The proposed amendments revise Rule 391-3-6-.20, (Swine Feeding Operation Permit Requirements) and Rule 391-3-6-.21 (Animal (Non-Swine) Feeding Operation Permit Requirements). The rule is being revised to primarily reflect changes in the federal regulations for animal feeding operations and a judicial decision (National Pork Producers Council et al. v. U.S. EPA, Case No. 08-61093, decision filed March 15, 2011). In this decision, the Fifth Circuit Court of Appeals overturned the requirement for Concentrated Animal Feeding Operations (CAFOs) that “propose to discharge” to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage. The result of the Fifth Circuit decision is that only CAFOs that actually discharge are subject to NPDES permit coverage.

The proposed rule amendments to the Swine Feeding Operation Permit Requirements clarify that the rule applies only to swine feeding operations with more than 3,000 animal units. The requirements for smaller swine feeding operations (less than 3,000 animal units), which are the same as those for other livestock, were moved to Rule 391-3-6-.21, Animal Feeding Operation Permit Requirements. The proposed rules also clarify who must obtain a CAFO NPDES permit and defines what constitutes a “Discharge from a CAFO”.

The proposed rule amendments to the Animal (Non-Swine) Feeding Operation Permit Requirements clarify that the rule applies to livestock feeding operations, but does not apply to swine feeding operations with more than 3000 animal units. Proposed rules rename comprehensive nutrient management plans as “Nutrient Management Plans” and require a public comment period for Nutrient Management Plans. Recently US Environmental Protection Agency (EPA) finalized revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for CAFOs, and required that the public have the opportunity for review and comment on nutrient management plans. The rule includes deadlines to submit a Nutrient Management Plan and for operator training and certification.

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Minnesota Agricultural Water Quality Certification Program AWQCP Agreement Signed

The US Environmental Protection Agency (EPA) and US Department of Agriculture (USDA) have signed a Memorandum of Understanding (MOU) with the state of Minnesota to develop a new state program for farmers designed to increase the voluntary adoption of conservation practices designed to protect local rivers, streams and other waters by reducing fertilizer run-off and soil erosion. USDA and EPA will offer support to Minnesota in developing “certainty agreements” for water quality improvements on private agricultural lands and eligible tribal lands in high priority watersheds.

The MOU signing is the first step toward developing the Minnesota Agricultural Water Quality Certification Program (AWQCP), designed to increase the adoption of recommended conservation practices to improve water quality on agricultural land. The MOU signing formalizes the state-federal partnership and confirms a joint commitment to developing and implementing the program. Minnesota and its partners will establish a Technical Advisory Committee to develop the certification program that will support the state’s water quality standards and goals. The committee will solicit input from stakeholders in designing criteria to provide certainty for producers who have voluntarily attained or maintained a certain level of water quality improvements on their agricultural land. Minnesota will test the program in several pilot watersheds.

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Preliminary Review Of Florida Nutrient Criteria For Inland and Estuarine Waters

In a letter to Florida Department of Environmental Protection (FDEP) US EPA has provided a preliminary review of the FDEP draft rule on numeric nutrient criteria for inland and estuarine waters. Although EPA's final decision to approve or disapprove the nutrient criteria rule submitted by FDEP will follow the formal review of the rule and record under section 303(c) of the Clean Water Act (CWA), the early review led EPA to the preliminary conclusion that the agency would be able to approve the draft rule under the CWA.

The rulemaking package must undergo review and potential modification by the State's Environmental Review Commission (ERC) and Legislature. The preliminary conclusions from the review could change if modifications are made before and/or during the State ERC or legislative process, or if final review of the technical information and public comments identifies reasons why the final rule does not meet the requirements of the CWA.

If EPA formally approves FDEP's final nutrient criteria, EPA would initiate rulemaking to withdraw federal numeric nutrient criteria for any waters covered by the new and approved state water quality standards.

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Court Ruling Limits Requirement For CAFO To Apply For NPDES Permit

In a case involving the requirement for Concentrated Animal Feeding Operations (CAFO) to obtain a National Pollutant Discharge Elimination System (NPDES) permit, the U.S. Fifth Circuit Court of Appeals has issued an opinion that there is no “duty to apply” for a NPDES permit in the Clean Water Act. Only CAFOs that have to obtain permits are those that are actually discharging pollutants to waters of the United States.

EPA revised the CAFO Rules in 2003, and required all CAFOs with the “potential to discharge” to obtain a NPDES permit. The industry challenged that requirement and the U.S. Court of Appeals for the Second Circuit agreed that the Clean Water Act did not authorize EPA to regulate facilities that do not actually discharge. In 2008, EPA issued a revised rule, which required all CAFOs that discharge or “propose to discharge” to obtain a NPDES permit. The current ruling relates the 2008 revised CAFO rules.

The 2008 CAFO, a facility operator failing to apply and obtain a permit could be liable for the actual discharge and also for its failure to apply for a permit. The court determined that this provision beyond the scope of EPA’s authority, because the Clean Water Act lists specific violations a facility can be liable for, which does not include failure to apply for a NPDES permit. The Court rejected a challenge to the 2008 CAFO Rule concerning the inclusion of Nutrient Management Plans as an enforceable provision and regulation of land application areas in a CAFO NPDES permit.

The Court ruling applies to EPA CAFO rules only; individual States may have additional requirements which could require applications from CAFOs.

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