Comment submitted by North Dakota Department of Health Division of Water Quality

January 20, 2006 To whom it may concern: The North Dakota Department of Health Division of Water Quality is providing the following comments on the revised compliance date for the NPDES permit pertaining to CAFO. Our comments are as follows: 1. The compliance schedule should be moved back to a minimum of one year from the finalization of these rules. It is unrealistic to expect the states to adopt and a facility to be in compliance with a regulation which is not finalized and does not exist at this point. According to EPA personnel, the process will take a minimum of five months to implement from the time the changes are released due to OMB review and public comment. If released at the end of this month the earliest the regulations would be available is the 1st of July, 2006. Having to adopt the regulations as a state will take a minimum of seven months which is February 1, 2007 leaving the producer one month to apply and implement the practices in the winter when construction is not possible. This is unrealistic. 2. Placing the application date and the implementation date at the same time period is also unrealistic. How is a facility to implement a nutrient management plan with out prior review from the governing body which is clearly the point of the Second Circuit Courts decision? We suggest moving the implementation date no less than 18 months from the finalization of the regulations. We hope our comments are considered and the time frame regarding seeking approval and implementation will be further reviewed. Thank you for this opportunity to comment. Sincerely ND Division of Water Quality Environmental Health Section