not point source discharges." In the face of widely divergent views of environmentalists and industry groups, the EPA in the 2003 rule determined that any runoff resulting from manure applied in accordance with agronomic rates would be exempt from the CWA permitting requirements (as "agricultural stormwater"). However, when such agronomic rates are not used, the EPA concluded that the resulting runoff from a land application is not "agricultural stormwater" and is therefore subject to the CWA (as a discharge from a point source, i.e. the CAFO). The Second Circuit upheld the EPA's definition as a "reasonable" interpretation of the statutory language in the CWA. Duty to Apply for an NPDES Permit: The 2003 EPA rule imposed a duty on all CAFOs to apply for an NPDES permit (or demonstrate that they had no potential to discharge). The rationale for this requirement was the EPA's "presumption that most CAFOs have a potential to discharge pollutants into waters of the United States" and therefore must affirmatively comply with the requirements of the Clean Water Act. The Second Circuit sided with the farm industry plaintiffs on this point and ruled that this portion of the 2003 rule exceeded the EPA's authority. The court held that the EPA can require NPDES permits only where there is an actual discharge by a CAFO, not just a potential to discharge. The EPA later estimated that 25 percent fewer CAFOs would seek permits as a result of the Second Circuit's decision on this issue. Nutrient Management Plans (NMPs): The fight in court over the portion of the 2003 rule on NMPs was a proxy for a larger battle over public participation by environmental groups in the implementation of the CWA. The 2003 rule required all permitted CAFOs that "land apply" animal waste to develop an NMP that satisfied certain minimum requirements (e.g. ensuring proper storage of manure and process wastewater). A copy of the NMP was to be kept on-site at the facility, available for viewing by the EPA or other permitting authority. The environmental plaintiffs argued that this portion of the rule violated the CWA and the Administrative Procedure Act by failing to make the NMP part of the NPDES permit itself (which would make the NMP subject to both public comments and enforcement in court by private citizens). The court sided with the environmental plaintiffs and vacated this portion of the rule. Effluent Limitation Guidelines