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Edition Number 6
November 1998

Previous Edition

In September 1998, EPA and USDA released the draft unified national strategy for animal feeding operations. The plan outlines increased federal regulation of animal feeding operations and agricultural land use, traditionally state responsibilities. The strategy places new demands on state funding resources and impacts various state laws. A dynamic state-federal partnership across a number of issues will be required for its implementation.

Many states currently regulate concentrated animal feeding operations (CAFOs) under the authority vested in them under the federal Clean Water Act. The CWA allows EPA to delegate National Point Source Discharge Elimination (NPDES) programs to the states provided such programs meet minimum federal standards and provide technical and financial assistance. Forty-two states and the Virgin Islands have EPA-certified NPDES programs while EPA directly administers programs in the other states and territories. States enjoy considerable flexibility under the program and have tailored solutions to suit regional and local circumstances. Some states also have stand-alone laws and regulations to control pollution from AFOs.

The AFO strategy outlines voluntary and regulatory measures intended to reduce discharge from feed lots. States will need to amend their current NPDES and AFO laws to implement the measures contained in the joint strategy. Because many states have recently enacted new AFO laws to address their unique and regionally diverse problems, there is some hesitation to go back to the drawing board. In addition, many of the measures called for by the strategy will require states to dedicate additional funds and personnel to CAFO programs.

For more information, please click on the following:
Summary of the Joint Strategy prepared by NCSL
EPA Homepage
Text of the Joint Strategy
Clean Water Action Plan homepage
USDA Homepage

or contact Melinda Cross (Environment) or David Naftzger (Agriculture) at (202)624-5400.

National Conference of State Legislatures
444 North Capitol Street, NW Suite 515
Washington, DC 20001
Staff Contact: Melinda Cross, Director NCSL Environment Committee

email: melinda.cross@ncsl.org

AFI Environment Committee

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