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National Conference of State Legislatures

On September 17, 1998 the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA) unveiled a joint strategy to address problems associated with concentrated animal feeding operations (CAFOs). NCSL's official comments will be filed within the 120-day comment period and will reflect the following principles. These comments will be available on the homepages of the NCSL AFI Agriculture & International Trade and AFI Environment committees.

• Agricultural land use decisions should remain the prerogative of the states and localities. States should retain the lead on land use and other regulatory decisions regarding CAFOs because states are best able to address unique regional problems. State familiarity with local circumstances allows programs that are the most appropriate and effective.
• The federal government, through EPA, should maintain minimum water quality standards to protect the environment and public health. When implementation of these standards involves agricultural land use, EPA should consult and cooperate with USDA. States should have maximum flexibility to achieve and maintain applicable state water quality standards.
• Problems associated with CAFOs should be addressed through a state-federal partnership in the context of existing Clean Water Act authorization. Currently, CAFOs are regulated under the federal National Pollution Discharge Elimination System (NPDES) permitting program and are subject to Clean Water Act effluent limits. This program allows states to develop permit programs that meet Clean Water Act standards while retaining regulatory control.
• The federal government should continue to work with the states to collect data and survey water resources to determine the extent of problems associated with CAFOs.
• USDA and EPA should continue to support programs directed at CAFOs including research, technical assistance, voluntary installation of best management practices, educational, environmental and conservation programs.

• States should be encouraged through incentives to address problems. Incentives should include flexibility, financial support and technical assistance.

• Any changes to current federal policy should take into account existing state programs. Congress and the administration should continue to work with the states to define environmental and health problems associated with CAFOs to identify and establish responsible effluent control options.
• Any new or amended federal water quality rules that impose new responsibilities on states with respect to CAFOs should be accompanied by adequate federal funding and should not preempt existing state programs. States should retain the right to have standards that are equal to or more stringent than the national rules.
• Federal CAFO regulations should only be modified if they are proven to be inadequate when properly enforced.

Staff Contacts:
Molly Stauffer, Director NCSL Environment Committee, e-mail: molly.stauffer@ncsl.org
Nick Steidel, Policy Specialist, Agriculture and International Trade Committee,
e-mail: nick.steidel@ncsl.org

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