Abstract

In an effort to save regulatory resources, the US Environmental Protection Agency and individual states have interpreted the Clean Water Act in a manner that authorizes discharges from concentrated animal feeding operations without the review of nutrient management plans. Environmental groups have objected to the abbreviated regulatory procedures, and courts have ruled that permitting agencies must review substantive documentation of effluent limitations contained in nutrient management plans. Proposed new federal regulations prescribing the requirement of a meaningful review of appropriate documentation by the permitting agency respond to the judicial mandates. To facilitate regulatory approval, regulators might use a state certification program to achieve the obligatory meaningful review. Independent certifiers would ensure that an operation's land application of manure meets federal water quality requirements.

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