40 CFR 122.23 - Concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)

Cite as40 CFR 122.23
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
117 practice notes
  • Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities
    • United States
    • Federal Register August 03, 2016
    • August 3, 2016
    ...these requirements. Response: We continue to use the U.S. Environmental Protection Agency's definitions for CAFOs, which are specified in 40 CFR 122.23. We have not increased the NEPA requirements for CAFOs from the current process; currently, the NEPA requirements for medium and large CAFO......
  • Part IV
    • United States
    • Federal Register June 30, 2006
    • June 30, 2006
    ...to concentrated animal feeding operations (CAFOs) as defined in section 502(14) of the Clean Water Act and in the NPDES regulations at 40 CFR 122.23. The following table provides a list of standard industrial codes for operations covered under this revised Table 1.--Entities Potentially Reg......
  • Water pollution control: National pollutant discharge elimination system; State programs— Texas,
    • United States
    • Federal Register September 24, 1998
    • September 24, 1998
    ...source. Since this applies only to those facilities classified by the State as NPS, it is not inconsistent with EPA regulations found at 40 CFR 122.23 (regulations applying to point sources of pollution). (i.e., applies to TWC 26.121(b) and not to 26.121(d) or (e)). The exemption is not ava......
  • National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule
    • United States
    • Federal Register October 22, 2015
    • October 22, 2015
    ...Administrator used to designate an animal feeding operation as a small or medium CAFO. Ed note: Large and medium CAFO definitions are in 40 CFR 122.23(b). This text field can the following factors: (1) the size of the AFO and the amount of wastes reaching waters of the United States; (2) th......
  • Request a trial to view additional results
58 cases
  • State of Mont. v. U.S. E.P.A., CV 95-56-M-CCL.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • March 27, 1996
    ...environmental interests. 8. It is conceivable that one or more of the proposed Intervenors could be engaging in regulated activity. See 40 C.F.R. § 122.23 (requiring NPDES permit for Concentrated Animal Feeding Operations). See also Appendix B to Part 122, defining Concentrated Animal Feedi......
  • United States Public Interest Research Grp. v. Heritage Salmon, Civil No. 00-150-B-C (D. Me. 2/19/2002), Civil No. 00-150-B-C.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • February 19, 2002
    ...feeding operations (CAFOs) or concentrated aquatic animal production facilities (CAAPFs) are point sources. See 33 U.S.C. § 1362(6); 40 C.F.R. § 122.23, 122.24. Animal feces released into the waters at such facilities are considered "pollutants" released by a "point source." See Higbee v. S......
  • Michigan Farm Bureau v. Dep't of Envtl. Quality, Docket No. 290323.
    • United States
    • Court of Appeal of Michigan (US)
    • March 29, 2011
    ...CAFOs depending on the number of animals that they stable or confine.2 Sierra Club, 277 Mich.App. at 535, 747 N.W.2d 321; see also 40 C.F.R. § 122.23(b). [292 Mich.App. 112] The EPA first promulgated regulations for CAFOs in the 1970s. Waterkeeper, 399 F.3d at 494. These initial regulations......
  • Wash. State Dairy Fed'n v. State, 52952-1-II
    • United States
    • Court of Appeals of Washington
    • June 29, 2021
    ...a minimum of 45 days in a 12-month period in a designated lot or facility that is not otherwise used to produce crops or vegetation. 40 C.F.R. § 122.23(b)(2). CAFOs vary in size depending on the number of animals confined at a facility. 40 C.F.R. § 122.23(b)(2), (6). And they may house anim......
  • Request a trial to view additional results
4 firm's commentaries
14 books & journal articles
  • Point Source
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...290,000 broiler chickens; 180,000 laying hens, etc.” In its regulatory deinition of a CAFO, EPA copied this “poop equivalency table.” 40 C.F.R. §122.23. 26. 40 C.F.R. §122.23. CAFOs are discussed in greater detail below. 27. 1971 Cong. Rec. 38816 (Nov. 2, 1971), reprinted in 2 Legis. Histor......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Point Source' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 45-12, December 2015
    • December 1, 2015
    ...290,000 broiler chickens; 180,000 laying hens, etc.” In its regulatory deinition of a CAFO, EPA copied this “poop equivalency table.” 40 C.F.R. §122.23. Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 12......
  • Agriculture
    • United States
    • Legal pathways to deep decarbonization in the United States Part VII - Carbon Capture and Negative Emissions
    • March 24, 2019
    ...Animal Feeding Operations (AFOs) , https://www.epa.gov/npdes/animal-feeding-operations-afos (last updated Jan. 17, 2017). 204. 40 C.F.R. §122.23(b)-(c) (2016). “Large CAFOs” are deined as CAFOs by EPA solely due to the number of animals they hold, “Medium CAFOs” are operations that exceed a......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...regulates point sources. Does this make the opinion a pyrrhic victory for the NRDC? Notice how EPA now treats these sources. In 40 C.F.R. § 122.23 to .27, the Agency deines larger agricultural feedlots and some silvicultural activities as “point source[s],” subject to regulation by § 402 pe......
  • Request a trial to view additional results
7 provisions
  • File 11, HB 64 – Main Operating Budget FY2016-FY2017
    • United States
    • Ohio Session Laws
    • January 1, 2015
    ...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
  • HB 166 – Creates FY 2020-2021 operating budget
    • United States
    • Ohio Session Laws
    • January 1, 2019
    ...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
  • File 15, SB 2 – Revise environmental protection laws
    • United States
    • Ohio Session Laws
    • January 1, 2017
    ...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
  • File 4, SB 1 – Agricultural Pollution Abatement Program-transfer to Department of Agriculture/applicators of fertilizer or manure-regulate/algae management and response
    • United States
    • Ohio Session Laws
    • January 1, 2015
    ...works having a controlled direct discharge to the waters of the state or any concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT