Yes. Under the final rule, CAFOs that discharge or propose to discharge have a duty to apply for NPDES permits. In the regulations, EPA clarified that “a CAFO proposes to discharge if it is designed, constructed, operated, or maintained such that a discharge will occur.” This means that the evaluation of whether the CAFO discharges or will discharge is based on a factual objective assessment.
State and local requirements may be more stringent. To identify the regulatory agency or other contacts in your state, see FAQ 32304.
