Clean Water Act Permit Application for Maher Cattle – Evaluation of Environmental Impacts

On July 14, 2022, representatives of EPA conducted an inspection of the Maher facility and observed evidence of unauthorized discharges of wastewater to High Bank Creek. EPA and Maher entered into an Administrative Compliance Order on Consent on May 7, 2024, to bring the facility into compliance with the Clean Water Act (CWA). 

On September 26, 2023, Maher submitted an application to EPA seeking a CWA National Pollutant Discharge Elimination System (NPDES) permit to discharge from the facility. In response to a request from EPA for more information, Maher submitted revised applications on February 27, 2024, and February 17, 2025. This discharge would comply with EPA’s CWA concentrated animal feeding operation (CAFO) NPDES regulations at 40 C.F.R. §412. EPA determined that the Maher facility is a “new source” under the NPDES regulations. The proposed issuance of an NPDES permit to a new source is subject to environmental review pursuant to the National Environmental Policy Act (NEPA). As a result, EPA prepared an Environmental Assessment (EA) for Maher to inform EPA’s decision on whether to issue the permit, as described in greater detail below. 

EPA determined that the Maher facility is a “new source” under the Clean Water Act regulations because the facility was constructed in 2019, which is after the applicable new source performance standards for such animal feeding operations went into effect in 2003. As a result, the new source performance standards apply to the Maher facility, and EPA was required to complete an environmental review to inform EPA’s decision on whether to issue an NPDES permit to Maher. 

The Draft EA, draft permit, and statement of basis were public noticed on EPA’s website and shared with interested parties on August 26, 2025. The initial public notice period closed on October 13, 2025. However, EPA extended the public notice period to close on October 17 in response to a request for extension from the Standing Rock Sioux Tribe. EPA received public comments on the Draft EA, and EPA’s response to these comments and response to input received during Standing Rock Sioux Tribe tribal consultation can be found in Appendix E of the Final EA. 

The Final EA is available in the related documents section of this public notice.  

The environmental review process, which is documented in the EA, concluded that no potential significant adverse environmental impacts are anticipated from the proposed action to issue an NPDES permit to Maher. The EA analyzed the potential environmental impacts to resources of concern associated with EPA’s issuance of the NPDES permit, consistent with the requirements of 40 C.F.R. § 6.205. EPA issued the Draft EA for public comment and EPA has responded to comments received in this process. As documented in the EA, issuing an NPDES permit likely improves impacts on the environment from the facility. If an NPDES permit is not issued by EPA, Maher could continue to operate and impacts to relevant resources likely would be more adverse than if EPA issues an NPDES permit with the specified conditions and requirements. Based on the environmental impact analysis in the EA, and pursuant to 40 C.F.R. § 6.206, EPA has determined that no significant environmental impacts are anticipated from the issuance of the NPDES permit and the proposed action does not constitute a major Federal action significantly affecting the quality of the human environment, making the preparation of an Environmental Impact Statement (EIS) unnecessary. EPA is issued a preliminary Finding of No Significant Impact (FONSI) to document this determination. EPA did not find any mitigation is essential to render the impacts of the proposed action not significant. The NPDES permit conditions are likely to reduce the environmental impact of the facility. 

The Preliminary FONSI is available in the related documents section of this public notice. The preliminary FONSI will be available for public review and comment before the EPA makes its final determination whether it is necessary to prepare an environmental impact statement (EIS) or issue a FONSI.