USDA/EPA Draft Unified National Strategy for Animal Feeding Operations

U.S. Department of Agriculture/U.S. Environmental Protection Agency

Draft Unified National Strategy for Animal Feeding Operations Summary Prepared by the National Conference of State Legislatures

November 18, 1998

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.

States currently have primary responsibility for regulation of concentrated animal feeding operations (CAFOs). Under the federal Clean Water Act, EPA certifies state programs that meet minimum federal standards and provides technical and financial assistance. Forty-two states and the Virgin Islands have EPA-certified programs while EPA directly administers programs in the other states and territories. States have considerable flexibility under the program and have tailored appropriate and effective solutions for local circumstances.

Animal feeding operations with more than 1000 animal units as defined by USDA are classified as CAFOs, requiring an industrial-discharge permit. Smaller operations that have between 301 and 1000 animal units and discharge into ground or surface water also require this permit. Most animal feeding operations of this size, however, are exempt from this provision because they manage animal waste in on-site lagoons and do not discharge into ground or surface water. According to EPA, only about a quarter of the 6,600 concentrated animal feeding operations that have more than 1000 animal units currently hold discharge permits. USDA and EPA support a variety of programs directed at CAFOs including research, technical assistance, voluntary installation of best management practices, educational, environmental, and conservation programs.

The EPA/USDA animal feeding operation (AFO) strategy will not, in the short term, require the vast majority of AFOs to adhere to any new mandatory federal regulations. EPA estimates that for 95% of the approximately 450,000 AFOs, voluntary programs will provide producers with the technical and financial assistance to help develop comprehensive nutrient management plans, reduce water pollution and mitigate public health risks. These voluntary programs include environmental education through USDA's Agricultural Research Service, Cooperative State Research, Education and Extension Service, and state and local programs. Technical and financial assistance programs will also be integral, including USDA's Environmental Quality Incentive Program, Conservation Reserve Program, Small Watershed Protection Program, EPA's 319 program, Clean Water state revolving funds and other state and local programs.

The AFO strategy calls for increased funding for these voluntary programs. Federal resources will also be leveraged with state and local funding, targeting agricultural runoff and impaired watersheds. State programs, including cost-share programs with the federal government, are likely to be burdened with significantly increased demands. Research at state land-grant universities and other state-financed institutions will also be critical. Securing adequate financial support and technical assistance will be essential to the states' capacity to fulfill this role.

As a result of the EPA/USDA strategy, approximately 5% of AFOs will immediately fall under stepped-up federal and state-administered permitting programs. This will include industrial-discharge permits and watershed general permits issued by EPA and the states. Facilities will be required to develop and implement comprehensive nutrient management plans (CNMPs) and record keeping procedures, as well as routine reports on the implementation of the CNMPs. These permits will be issued in two rounds. In general, AFOs requiring Round I permits fall into two categories: 1) large facilities having more than 1000 animal units, estimated to include approximately 10,000 facilities; 2) smaller AFOs with unacceptable conditions, estimated to include between 1,000 and 3,000 facilities. The watershed general permits will be required for AFOs in sensitive watersheds that are contributing to water quality impairment, estimated to include between 1,000 and 3,000 facilities. These permits will allow the tailoring of industrial-discharge requirements to the needs of a specific watershed. The strategy sets minimum national standards and is not intended to preclude states from adopting more stringent approaches.

CNMPs will be developed primarily by AFO operators in conjunction with state and federal agencies. States will require technical and financial assistance to assist operators and carry out permit enforcement. EPA and USDA will also encourage AFO operators not covered by the mandatory program to develop CNMPs, further burdening state resources. At the same time, states will be working with the federal government to revise CAFO regulations to be included in Round II permits. These will be required as of 2005. EPA recommends that states not include CAFOs in this scheme that have satisfactorily addressed water quality problems, are not located in impaired watersheds and are otherwise compliant with state and federal regulations.

Many challenges will confront the states as a result of the USDA/EPA AFO strategy. A constructive state-federal partnership including adequate financial and technical assistance, sensitivity to existing state programs and continued cooperation will be required for its implementation. For more information, please contact Melinda Cross (Environment) or Dave Naftzger (Agriculture & International Trade) at 202-624-5400.