NPDES CAFO Rule Implementation Status -- National Summary, Endyear 2012, completed 12/31/12 (as reported by EPA Regions)

State

EPA 

Region

Total CAFOs: 

Estimated 

number of 

facilities 

defined as 

CAFOs under 

NPDES1

CAFOs 

with 

NPDES 

permits2

Date by which 

State was to have 

updated 

regulations/ 

statutes to reflect 

2008 CAFO 

regulation3

State's planned date for completing NPDES program revisions to address all provisions of 

CAFO NPDES regulations4

Expiration date for pre-2008 reg NPDES 

GP, if any Date for NPDES GP under 2008 regs

Connecticut 1 6 0 None needed None needed none GP to be PN in 

Maine 1 6 6 None needed None needed none Massachusetts 1 1 0 not auth N/A--State does not have NPDES program authorization none 

New Hampshire 1 1 0 not auth N/A--State does not have NPDES program authorization none Rhode Island 1 0 0 no CAFOs (no CAFOs) none 

Vermont 1 17 0 None needed None needed none plann

New Jersey 2 5 5 2010 planned 10/10 exp 5/13 iss

New York 2 571 571 2010 TBD exp 6/30/09 

Puerto Rico 2 1 0 not auth N/A--PR does not have NPDES program authorization none 

Virgin Islands 2 0 0 no CAFOs (no CAFOs) none 

Delaware 3 73 2 2009 Regs approved 1/12 none 

Maryland 3 403 185 2009 Regs approved 1/10 none expected 

Pennsylvania 3 362 362 2009 TBD/State's revisions under EPA review exp 9/30/2011 GP reviewed 11/21/2012, State's action 

Virginia 3 91 0 2009 Regs approved 6/10 none 

West Virginia 3 18 0 2010 Regs reviewed 12/11, State's action pending none 

Alabama 4 558 487 2/11 (permit) permit by rule effective since August 2011 exp 2/11 plan

Florida 4 100 53 2009 completed 3/10 Ips only 

Georgia 4 828 152 2009 completed 6/12 exp 6/07 

Kentucky 4 150 67 2009 completed 1/10 exp 10/05 

Mississippi 4 433 190 2009 completed 1/10 poultry exp 1/09; swine exp 8/10 comple

North Carolina 4 1,222 14 2009 completed; effective based on revision filed w/ Senate 3/09 exp 6/12 plan

South Carolina 4 201 0 2009 TBD exp 5/09 State operating per

Tennessee 4 129 79 2009 competed 5/11 exp 8/09 Ips for large 

Illinois 5 500 33 2009 March 2012 rulemaking package submitted to IPCB; public hearings Aug-Nov 2012 exp 9/14 issu

Indiana 5 633 19 2009 state rule revisions effective July 2012; tbd if rule revisions incorporate 2008 rule lps only 

Michigan 5 223 201 2009 None needed (per State assessment) exp 4/15 comple

Minnesota 5 1,306 1,302 2009 state working on rule revisions which will IBR current federal CAFO rules exp 1/16 comple

Ohio 5 192 36 2009 transfer NPDES CAFO authority to ODA pending lps only 

Wisconsin 5 233 233 2010 TBD exp 3/16 iss

Arkansas 6 776 1 2009 None needed (per State assessment) none issu

Louisiana 6 250 5 2009 State amending regs to reflect 2012 rule revision none 

New Mexico 6 171 21 not auth N/A--State does not have NPDES program authorization none issOklahoma 6 626 0 authorized 12/12 None needed (per State assessment) none iss

Texas 6 1,037 555 2009 EPA/TCEQ coordinating updates exp 7/14 plann

Iowa 7 3,055 156 2009 planned Fall 2012 (after EPA revises duty to apply rule) Ips only 

Kansas 7 436 436 2009 need to revise NSPS only - 12/2013 (Permits are issued with NSPS) Ips only 

Missouri 7 471 27 2009 completed--passed 1/2012; effective 4/2012 exp 2/13 plan

Nebraska 7 862 397 2009 completed 6/25/2011 exp 3/13 issued on 7/12, effec

Indian Country (R7) 7 8 4 not auth N/A--tribes do not have NPDES program authorization lps only 

Colorado 8 187 71 2009 completed 1/12 exp 8/10; admin extended comple

Indian Country (R8) 8 4 4 not auth N/A--tribes do not have NPDES program authorization Ips only 

Montana 8 117 90 2009 planned 6/13 exp 10/31/13 plann

North Dakota 8 76 0 2009 TBD none 

South Dakota 8 408 408 2009 TBD exp 10/19/08 

Utah 8 64 55 2009 planned 6/13 exp 9/30/05 plan

Wyoming 8 64 45 2009 planned 6/10; submitted revision package to EPA for review 12/09 Ips only 

Arizona 9 100 2 2009 Rulemaking moratorium--TBD exp 4/09 (State reg mo

California 9 1,007 164 None needed No revision--State adopts prospectively RB7 - exp 6/2013; RB8 - exp 9/6/2012 RB5 dairy GP issued 12/10; RB1 issued G

Hawaii 9 1 0 None needed None needed (per OGC assessment, 12/11) none 

Indian Country (R9) 9 1 0 not auth N/A--no NPDES program authorization none 

Nevada 9 9 6 2009 None needed (per State assessment) Ips only 

Alaska 10 0 0 no CAFOs (no CAFOs) none 

Idaho 10 365 1 not auth N/A--State does not have NPDES program authorization prior GP was administratively extended effec

Oregon 10 114 114 TBD None needed (per State assessment) exp 5/31/14 iss

Washington 10 150 13 TBD None needed (per State assessment) exp 7/21/11 plan

TOTALS 18,622 6,572

4 Status indicated reflects current plans. In some cases, plans are still under discussion.5 Technical standards were submitted for each Regional Board with the exception of 2, 4, 6 and 9. These RBs either do not have CAFOs or do not have CAFOs that land apply manure.6 EPA is reviewing State technical standards to ensure they address the requirements of the 2008 rule. EPA is in the process of posting State standards that address the 2008 rule on the EPA website.1 All AFOs with numbers of animals above the size thresholds set out for large CAFOs are defined as CAFOs under the NPDES federal regulations. In some cases, such as Arkansas 

and Louisiana, the numbers have not yet been confirmed by the State.

2 The NPDES CAFO regulations require CAFOs that discharge to have NPDES permit coverage (40 CFR 122.23(d)(1)). As a consequence, the portion of CAFOs in each State that 

need NPDES coverage can vary from State to State.

3 Under the terms of federal NPDES regulations at 40 CFR 123.62(e), authorized States that need to revise their regulations to conform to updated federal regulations are allocated 1 

year to complete the revisions; states that need statutory revisions to conform to amended federal regulations are allocated 2 years to complete the necessary revisions.