You are exactly right. This is a PROPOSED EPA regulation. It has not yet been adopted, and frankly, I doubt that it will ever see daylight. Congress is not involved in this at all. It's purely an Executive branch decision.
Having said all of that, I responded to the EPA's request for comments which closed on 11/28/08. I told them that I was vehemently opposed to the proposal and hoped that they would eliminate the section dealing with farm animals.
It probably doesn't matter since Congress is not involved in the proposed regulation, but I also contacted my representative and two senators and asked them to exert whatever influence they could to revise the regulations to drop the part about animals.
I guess we'll see what the new administration does with it.
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