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[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Proposed Rules]
[Pages 62275-62276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21527]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 412

[OW-2005-0036; FRL-OW-2005-0000; FRL-7990-5]

Notice of Availability of Correspondence Regarding Revisions to 
the National Pollutant Discharge Elimination System Permit Regulation 
and Effluent Limitation Guidelines for Concentrated Animal Feeding 
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: This notice announces the availability of correspondence and 
the Environmental Protection Agency's (EPA's) response to inquiries 
regarding the Concentrated Animal Feeding Operations (CAFOs) 
regulations. EPA received inquiries on the permit application date in 
the CAFOs regulation and whether, in response to the February 28, 2005, 
decision by the Second Circuit Court of Appeals issued in Waterkeeper 
v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may 
be extended. The 2003 CAFO rule (68 FR 7176) (``National Pollutant 
Discharge Elimination System Permit Regulation and Effluent Limitation 
Guidelines for Concentrated Animal Feeding Operations''), hereafter 
known as the ``2003 CAFO rule,'' contains the requirement that by 
February 13, 2006, all newly defined CAFOs must apply for a National 
Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO 
rule also requires that all CAFOs develop and implement a Nutrient 
Management Plan by December 31, 2006.
    EPA is in the process of developing options for revising the 2003 
CAFO rule to comply with the Second Circuit Court of Appeals' decision. 
The schedule for final action provides for a full and ample opportunity 
for public notice and comment, but it is not consistent with completion 
by February 13, 2006. As a result, EPA will propose to extend the 
permit application date of February 13, 2006, and the Nutrient 
Management Plan due date of December 31, 2006, in a separate NPRM. This 
second action will be proposed and finalized by February 13, 2006. The 
correspondence and the EPA's response have been added to the rulemaking 
docket and are available to the public.

ADDRESSES: Copies of the correspondence may be obtained from EPA's 
Office of Water docket identified by Docket ID No. OW-2005-0036, by one 
of the following methods:
    (1) Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket.
    (2) E-mail: [email protected], Attention Docket ID No. OW-2005-
0036.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Interested Entities

    Categories and entities interested in today's notice include:

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                                              Examples of interested
                Category                             entities
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State/Local/Tribal Government            ...............................
  Industry.............................  Operators of animal production
                                          operations that meet the
                                          definition of a CAFO.
                                         Beef cattle feedlots (including
                                          veal).
                                         Beef cattle ranching and
                                          farming.
                                         Hogs.
                                         Sheep.
                                         General livestock except dairy
                                          and poultry.
                                         Dairy farms.
                                         Broilers, fryers, and roaster
                                          chickens.
                                         Chicken eggs.
                                         Turkey and turkey eggs.
                                         Poultry hatcheries.
                                         Poultry and eggs.
                                         Ducks.
                                         Horses and other equines.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that may be interested 
in this notice.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for the 
Revisions to the National Pollutant Discharge Elimination System Permit 
Regulation and Effluent Limitation Guidelines for Concentrated Animal 
Feeding Operations under Docket ID No. OW-2005-0036. The official 
public docket consists of the correspondence received on the CAFO 2003 
rule and the February 28, 2005, decision by the Second Circuit Court of 
Appeals issued in Waterkeeper v. EPA, and EPA's response to this 
correspondence. Although a part of the official docket, the public 
docket does not include Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. The 
official public docket is the collection of materials that is available 
for public viewing at Water Docket in the EPA Docket Center, (EPA/DC) 
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Water Docket is (202) 566-2426. To view these documents 
materials, please call ahead to schedule an appointment. Every user is 
entitled to copy 266 pages per day before incurring a charge. The 
Docket may charge 15 cents a page for each page over the 266-page limit 
plus an administrative fee of $25.00.

[[Page 62276]]

    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view scientific 
views, access the index listing of the contents of the official public 
docket, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the appropriate docket identification number.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.

    Dated: October 25, 2005.
Brent Fewell,
Acting Assistant Administrator Office of Water.
[FR Doc. 05-21527 Filed 10-28-05; 8:45 am]
BILLING CODE 6560-50-P
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