A recent letter from the U.S. Environmental Protection Agency (EPA) to Vermont state officials highlights flaws in the state’s program for regulating water pollution from concentrated animal feeding operations (CAFOs). The EPA states that the current program is failing to comply with the Clean Water Act and is hindering the state’s ability to control phosphorus discharges from certain farms. This is contributing to severe water quality issues in Lake Champlain and other bodies of water in the state. The EPA directed the state to make significant changes in how it regulates CAFOs, as the current division of responsibilities between two state agencies is impeding effective regulation.
Excessive phosphorus runoff from farms, roads, and urban areas has led to toxic algae blooms in Lake Champlain, resulting in the closure of beaches at times. The EPA has identified sources of excess phosphorus into lakes and waterways, including fertilizers, leaking septic systems, and discharges from wastewater treatment plants. In 2016, the EPA mandated that Vermont clean up Lake Champlain and released new phosphorus pollution limits for the water body.
The EPA’s letter to Vermont state officials emphasizes the need for the Agency of Natural Resources to take on responsibilities related to CAFO permitting, monitoring, and enforcement. This includes conducting routine farm inspections, enforcing management plans for the placement of manure and nutrients on fields, and administering discharge permits. Vermont Natural Resources Secretary Julie Moore expressed that the agency is committed to upholding the Clean Water Act but clarified that deficiencies in the current program’s administration do not reflect on the work done by farmers. The EPA’s actions were prompted by petitions from environmental advocacy groups, urging corrective action or withdrawal of authorization for the program related to CAFO regulation.
Despite efforts to address deficiencies in the CAFO program and compliance with a corrective action plan from 2013, the EPA found that Vermont has not adequately addressed these issues. The EPA’s Regional Administrator David Cash stated that longstanding program deficiencies outlined in a 2008 withdrawal petition have not been rectified by the state. Vermont Agriculture Secretary Anson Tebbetts noted that the issue primarily affects a small number of farmers and is more of a regulatory oversight rather than a widespread problem. He highlighted the collaborative efforts between farmers and agencies in mitigating pollution in water bodies, emphasizing the role of education, technical assistance, enforcement, and inspections in addressing the issue.
Moving forward, the state of Vermont will need to address the concerns raised by the EPA to improve its regulation of CAFOs and reduce phosphorus discharges into water bodies. The EPA’s directive underscores the importance of effective and comprehensive regulation of agricultural practices to protect water quality and prevent environmental harm. Despite the challenges highlighted in the letter, there is recognition of the efforts made by farmers and agencies in addressing pollution issues and working towards sustainable solutions. Collaborative efforts will be crucial in addressing the regulatory gaps and ensuring compliance with the Clean Water Act to protect Vermont’s water resources for future generations.
