Final 07/12/12 

Memorandum of Understanding Between the U.S. Environmental Protection 

Agency and Association of Clean Water Administrators 

Collaborative Efforts to Collect and Exchange Information about Concentrated 

Animal Feeding Operations 

Background 

On October 21,2011, the U.S. Environmental Protection Agency (EPA) proposed to improve and 

restore water quality by collecting information about concentrated animal feeding operations (CAFOs). 

Because of comments from states regarding the amount of CAFO information they already have, the 

EPA initiated calls with state permitting authorities to document what information exists at the state 

level and to collect easily obtainable information from the states. 

Purpose of MOU 

This Memorandum of Understanding (MOU) is intended to guide the EPA and the Association of 

Clean Water Administrators (ACWA) in the Agency's effort to collect information about CAFOs. 

ACWA will foster a dialogue between the EPA and ACWA members to facilitate the exchange of 

information. This collaborative effort between the EPA and ACWA will focus on identifying CAFOs 

and obtaining pertinent information about CAFOs on a state by state basis for use by both ACWA 

members and the EPA. Authority for this MOU comes from Clean Water Act § 104(a) and (b). 

Common objectives 

• To determine what information about CAFOs exists at the state level, with which state agency 

such information resides, where that information is stored, and in what format that information 

is stored; 

• To facilitate timely, consistent, and effective exchange of information about CAFOs between 

states and the EPA, to build state capacity, and promote knowledge transfer; and 

• To encourage and promote transparency regarding what information exists about the CAFO 

universe. 

The EPA and ACWA plan to take the following steps to achieve the above listed objectives over 18 

months: 

• Evaluate and determine how to more effectively collect information about CAFOs; 

• Use best efforts to facilitate the collection and transfer of CAFO information currently 

maintained by states to the EPA; and 

• Design and complete a national overview showing how states manage animal feeding 

operations including whether the state requires permits for animal feeding operations, either 

under the NPDES program or other state permitting program. 

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Final 07/12/12 

Other provisions 

This MOU does not create any right or benefit, substantive or procedural, enforceable by law or equity, 

by persons who are not party to this agreement, against ACWA or the EPA, their officers or 

employees, or any other person. This MOU does not direct or apply to any person outside of AC WA 

and the EPA. The EPA will comply with its Public Information regulations at 40 CFR Part 2 and other 

statutory and regulatory requirements. 

As required by the Antidefieiency Act, 31 U.S.C. 1341 and 1342, all commitments made by the EPA 

in this MOU are subject to the availability of appropriated funds. Nothing in this MOU, in and of 

itself, obligates the EPA to expend appropriations or to enter into any contract, assistance agreement, 

interagency agreement, or incur other financial obligations that would be inconsistent with Agency 

budget priorities. ACWA agrees not to submit a claim for compensation for services rendered to the 

EPA in connection with any activities it carries out in furtherance of this MOU. However, ACWA 

may receive reimbursement for eligible and allowable costs under the terms of any financial assistance 

agreements with the Agency. This MOU does not alter the terms of any financial assistance agreement 

between the EPA and ACWA. Any transaction involving reimbursement or contribution of funds 

between the parties to this MOU will be handled in accordance with applicable laws, regulations, and 

procedures under separate written agreements. 

This MOU is to take effect upon the signature of the parties and remain in effect for a period of 2 

years. This MOU may be extended or modified, at any time per the mutual written consent of the 

parties. Additionally, a party may terminate its participation in this MOU at any time by providing 

written notice to the other party. Digitally signed by Alexandra Dapolito Dunn 

f\ s\ ON: en=Alexindra Dapdito Dunn, 

JAJ)^ o=Assodatlon of Clean Water Administrators. 

*^^ oaemttf^durw0*cwa-us-org.c=U$ 

Date 2012.07.12 Oftl&M-OW 

Nancy K. Stoner 

Acting Assistant Administrator, 

Office of Water, 

U.S. Environmental Protection Agency 

Date Alexandra Dapolito Dunn 

Executive Director and General Counsel 

Association of Clean Water Administrators 

Date 

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