Logo of the Environmental Protection Agency (Environmental Protection Agency, 2022)
The Environmental Protection Agency or EPA was established in 1970 under the Nixon administration with the purpose of protecting the environment in the United States, which essentially consists of establishing appropriate regulations for industries to follow (Environmental Protection Agency, 2023).
The Environmental Protection Agency manages concentrated animal feeding operations through regulations such as the Clean Water Act.
Banner at the 50th anniversary of the Clean Water Act in Ohio (Lord, 2022).
The Clean Water Act was established in 1972 and organizes the basic structure and regulating standards for the production of clean, safe water. With so many pollutants in the air and ground coming from all kinds of industries, this act ensures the "implement[ation] [of] pollution control programs such as setting wastewater standards for [the] industry" (Environmental Protection Agency, 2022).
The National Pollutant Discharge Elimination System was created by the CWA and is managed by the EPA to produce permits for qualifying concentrated animal feeding operations, or CAFOs, and other facilities for disposing of any of their waste. The NPDES essentially ensures that those who are permitted to dispose of pollutants into water systems do so responsibly and by following regulations established to ensure clean drinking water. Some conflict arises when these measures limit the requirements for who is obligated to have a NPDES to those industries large enough, which in turn results in many smaller farms being able to discharge pollutants into the water system without consequences. In addition, the EPA "has granted authority to forty-five states to choose which operations to designate as CAFOs", which has created an arrangement in which the states administer the permits (Moran, 2022).
Logo for the national Pollutant Discharge Elimination System (nacwa.org, 2019).
Example of a concentrated animal feeding operations (CAFO) (Today, 2020).
Of those CAFOs that did meet the size requirements, less than half received the adequate permits in 2019 (Moran, 2022). In addition, there is no federal system of collecting and documenting the data of the farmers and their pollutants, which creates a massive data gap. As a result, none of the agencies are able to analyze the data and examine it in order to maintain updated water pollution policies and practices.
References
Environmental Protection Agency. (2022). Summary of the clean water act. EPA. https://www.epa.gov/laws-regulations/summary-clean-water-act
Environmental Protection Agency. (2023). The origins of EPA. EPA. https://www.epa.gov/history/origins-epa
Lord, C. (2022, November 1). Reflections on the Clean Water Act. National Parks Conservation Association. https://www.npca.org/articles/3310-reflections-on-the-clean-water-act
Moran, L. (2022). Pretextual Preemption: The Modern Weaponization of Preemption in the Regulation of Concentrated Animal Farming Operations. University of Pennsylvania Law Review, 170(6), 1589–1624.
Nacwa.org. (2019, February 19). EPA Finalizes NPDES Updates Rule. EPA finalizes NPDES updates rule. https://www.nacwa.org/news-publications/news-detail/2019/02/19/epa-finalizes-npdes-updates-rule
Today, M. A. (2020, June 3). Michigan AG organizations, Farmers File Cafo Permit Appeal. Michigan Ag Today. https://www.michiganagtoday.com/michigan-ag-organizations-farmers-file-cafo-permit-appeal/