Animal Feeding Operations

The Clean Water Act (CWA) and the National Pollution Discharge Elimination System of permits (NPDES) do not stand alone in protecting America's waters from NPS runoff from animal feeding operations.  In particular, the state-led programs, when coupled with various Farm Bill, Clean Water Act and Safe Drinking Water Act incentives and support, can provide significant and continuing opportunity for major environmental quality protection.  Federal water policies must recognize that the value of the state programs, if enhanced through federal efforts, could provide a firm foundation for a sound national NPS policy, including addressing the runoff associated with animal agriculture.  States should have the flexibility and the authority to protect their natural resources from potential negative impacts resulting from livestock production by enacting statutes, regulations, and voluntary programs based upon sound science, economic feasibility, and the specific needs of the state.  States implementing effective zero discharge programs for confined animal feeding operations (CAFO’s) should not be forced to require CAFO’s to also have NPDES permits.   EPA does not have authority under the CWA to subject the land application of manure to some form of NPDES permit requirements, as it has recently sought to do. 

The intent of the CWA is clear – non-point sources of pollution are not subject to mandatory regulations under the CWA, but are to be addressed through voluntary, outcome-based programs. The legislative language makes a clear and concise distinction between point and non-point source management. The land application of manure has been a standard practice in agriculture since humans first introduced livestock into their agricultural activities. It has been an integral part of agriculture’s fertility and land improvement ever since.  As such, and as for any of the other agricultural activities taking place across the land, the land application of manure is a nonpoint source activity under the CWA.  It is imperative that the federal clean water program not require states to operate in any different manner.   Congress must support USDA’s incentives and NRCS technical assistance to help producers deal with their livestock manure management challenges, and EPA must continue to work with USDA in support of these efforts.  Private sources of technical assistance on nutrient management matters will increase in importance as animal agriculture works to improve its manure management activities.  Although the private technical assistance delivery system has been growing dramatically in recent years, it is nowhere near the capacity needed to prepare the number and kind of plans that EPA and USDA have envisioned. 

The federal agencies must not rely on the private sector delivery system beyond its capacity to provide solid and technically sound assistance.  To do so would result in poor nutrient management plans, little help to the environment, and great damage to the credibility and future usefulness of this fledgling service sector.  Such an initiative must build off the existing federal-state public conservation delivery system. The private sector can provide little of the needed services without maintaining a viable NRCS field staff capability.   Compliance with state and federal regulations by livestock operations should offer some form of presumption of compliance with the objectives of regulatory programs and provide reduced liability associated with off-farm environmental degradation or nuisance law suits. This so-called environmental assurance concept or "safe harbor", which incorporates relief from additional regulations and enforcement, is necessary to ensure active voluntary participation.