**GAO-03-374R**                      Feb 25, 2003                  

-   
-   
-   
-   

    Jump To:  
-  Elder Abuse 
-  Services for Older Adults 
-  State and Local-Level Drivers and Trends 
-  State and Local Fiscal Projections 
-  Federal Borrowing 
-  Managing the Debt 
-  Summary of Funding Provisions 
-  Auditing the Government's Books 
-  Unpacking the Financial Report 
-  Highlights 
-  Recommendations 
-  Background 
-  About This Work 
-  About This Work 
-  Trends 
-  About the Center 
-  Why It's High Risk 
-  What Remains To Be Done 
-  Key Reports 
-  Newest COVID-Related Reports 
-  AI Use Cases 
-  Flood Insurance 
-  Past Pandemic-Related Reports 
-  CARES Act Oversight Reports 
-  All COVID-19 Reports 
-  Report Suspected Fraud 
-  Subjects 
-  How to Get Notified 
-  Past Reports 
-  Public Health Threats 
-  Explore the FY 2022 and 2023 Funds 
-  Status of FY22 Projects 
-  Lessons Learned 
-  Agency Reports 
-  Recent Reports 
-  Recommendations 
-  Supplemental Material 
-  Full Report 
-  Additional Data 
-  View Decision 
-  Downloads 
-  Previously Identified Actions 
-  Related Pages 
-  Associated Agencies 
-  Tough Choices and Opportunities Ahead 
-  Americas Fiscal Future Key Areas 
-  Retirement Security Key Areas 
-  Current List 
-  About The High Risk List 
-  Area Ratings 
-  Previous High Risk Products 
-  Search Federal Vacancies 
-  Past Federal Vacancies 
-  Violation Letters 
-  About the Yellow Book 
-  Advisory Council 
-  Related Resources 
-  Comment Letters 
-  Related Publications 
-  Contacts and Resources 
-  Major Issues Facing the Nation 
-  Meeting Strategic Challenges 
-  Additional Resources 
-  Resources 
-  GAO Contacts 
-  Mission Teams 
-  Operations and Staff Offices  
-  Organization Chart  
-  Why a Career at GAO? 
-  Am I Qualified? 
-  Company Culture 
-  Reasonable Accommodations 
-  Video Gallery 
-  Paid Internships 
-  Student Volunteers 
-  Professional Development Program 
-  Advancement 
-  Executive Candidate Program 
-  Summer Associates 
-  Externships 
-  Benefits 
-  Contacts 

Skip to Highlights

## Highlights

GAO reviewed the Environmental Protection Agency's (EPA) new rule regarding National Pollutant Discharge Elimination System permits and guidelines and standards for concentrated animal feeding operations. GAO found that (1) the final rule revises and clarifies EPA's regulatory requirements for concentrated animal feeding operations under the Clean Water Act, and (2) EPA complied with applicable requirements in promulgating the rule.

##  Environmental Protection Agency: National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal FeedingOperations (CAFOs), GAO-03-374R, February 25, 2003

B-291808February 25, 2003The Honorable James M. Inhofe     Chairman     The Honorable James M. Jeffords     Ranking Minority Member     Committee on Environment and Public Works     United States SenateThe Honorable Don Young     Chairman     The Honorable James L. Oberstar     Ranking Minority Member     Committee on Transportation and Infrastructure     House of Representatives     Subject:*Environmental Protection Agency: National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines    and Standards for Concentrated Animal Feeding Operations (CAFOs)*Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection    Agency (EPA), entitled National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations    (CAFOs) (RIN: 2040-AD19).  We received the rule on December 19, 2002.  It was published in the Federal Register as a final rule on February 12, 2003.  68 Fed. Reg. 7176.     The final rule revises and clarifies EPA's regulatory requirements for concentrated animal feeding operations under the Clean Water Act.     Enclosed is our assessment of the EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.  Our review indicates that    the EPA complied with the applicable requirements.     If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210.  The official responsible for GAO evaluation work relating to the    subject matter of the rule is Robert Robinson, Managing Director, Natural Resources and Environment.  Mr. Robinson can be reached at (202) 512-3841.                 signed     Kathleen E. Wannisky     Managing Associate General Counsel     Enclosurecc: Stephanie Daigle     Acting Principal Deputy       Associate Administrator     Environmental Protection Agency            ENCLOSURE     ANALYSIS UNDER 5 U.S.C.  801(a)(1)(B)(i)-(iv) OF A MAJOR RULE     ISSUED BY THE     ENVIRONMENTAL PROTECTION AGENCY     ENTITLED     "NATIONAL POLLUTANT DISCHARGE ELMINIATION SYSTEM PERMIT REGULATION AND EFFLUENT LIMITATION GUIDELINES AND STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS)"     (RIN: 2040-AD19)(i) Cost-benefit analysis     EPA performed a cost-benefit analysis of the final rule and estimates that the total social costs are $335 million annually with industry costs of $326 million per year and administrative costs    to federal and state governments of $9 million per year.  The monetized benefits of the final rule range from $204 million to $355 million per year.(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C.  603-605, 607, and 609     EPA prepared an Initial Regulatory Flexibility Analysis and a Final Regulatory Flexibility Analysis in conjunction with the proposed rule and final rule, respectively.     The analyses comply with the information requirements of the Regulatory Flexibility Act, including the need for the rule, a description of and an estimate of the small entities to which the    final rule applies, and the options considered to reduce the impact on small entities.     In the preamble to the final rule, EPA discusses the steps taken to reduce the burden on small entities and notes that the final rule affects fewer small entities at significantly reduced costs    compared to the proposed rule.(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.  1532-1535     The final rule contains a private sector mandate, as defined in title II, of more than $100 million in any one year.  Therefore, EPA has prepared the written statement required by the Act    and it is summarized in the preamble to the final rule.(iv) Other relevant information or requirements under acts and executive orders     Administrative Procedure Act, 5 U.S.C.  551 etseq.     The final rule was issued using the notice and comment procedures contained at 5 U.S.C. 553.  On January 12, 2001, EPA published a Notice of Proposed Rulemaking in the Federal    Register.  66 Fed. Reg. 2959.  In response to the notice, EPA received over 11,000 comments, which are summarized and discussed in the preamble to the final rule.     Paperwork Reduction Act, 44 U.S.C.  3501-3520     The final rule contains information collections that are subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act.  OMB has approved the    collections and assigned OMB Control No. 2040-0250.     Statutory authorization for the rule     The final rule was issued under the authority contained sections 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act (33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361).     Executive Order No. 12866     The final rule was reviewed by OMB and found to be an economically significant regulatory action under the order.     Executive Order No. 13132 (Federalism)     EPA has reviewed the final rule and found that it does not have federalism implications and will not have substantial direct effects on the states, on the relationship between the national    government and the states, or on the distribution of power and responsibilities among the various levels of governments.

## Downloads

Full Report (4 pages)

## GAO Contacts

### 

Shirley A. Jones
jonessa@gao.gov

(202) 512-5400

## Office of Public Affairs

### Media Inquiries

Sarah Kaczmarek
kaczmareks@gao.gov

(202) 512-4800

### Public Inquiries

Public Affairs
PublicAffairs@gao.gov

(202) 512-4800

## Related Pages

RelatedAppropriations LawRelatedBid ProtestsRelatedDecisions & FAQsRelatedThe Red BookRelatedContract Appeals BoardRelatedFederal Vacancies Reform ActRelatedCongressional Review Act - archivedReceive GAO Updates
    Stay informed as we add new reports & testimonies.  
        U.S. Government Accountability Office           v3.3.27 -  Column 1     -  Press Center 
  -  Contact Us 
  -  Inspector General 
  -  Restricted Reports 
-  Column 2     -  Copyright & Terms of Use 
  -  Privacy Policy 
  -  Accessibility 
  -  Sitemap 
-  Column 3     -  FOIA Requests 
  -  Scam Alerts 
  -  No FEAR Act Data 
  -  Health Care Advisory Committees