Goodlatte Criticizes EPA on Livestock Waste Policy

October 29, 1999

Rep. Bob Goodlatte (R-VA) criticizes the Environmental Protection Agency for using "unscientific methods" to develop new regulations for concentrated animal feeding operations and nonpoint source water pollution problems. EPA created "its own conclusions based on faulty assumptions," says Goodlatte.

J. Charles Fox, assistant administrator for water at EPA, told the House Subcommittee on Department Operations, which Goodlatte chairs, that EPA's strategy on animal waste "establishes a national performance expectation that all animal feeding operations owners and operators should develop and implement technically sound, economically feasible and site-specific comprehensive nutrient management plans for properly managing the animal wastes produced at their facilities."

But Goodlatte maintains that EPA claims regulatory authority under the Clean Water Act that rightfully belongs to the states. "It is well established that both the congressional intent and statutory language underlying the CWA gives states the sole authority to implement voluntary programs."

Rather than allow the states to develop and enforce their own programs, Goodlatte adds, EPA "wants to ignore states' rights and wants to take over the state programs if it doesn't like those programs. This `Washington knows best' arrogance violates the basic principles of federalism."

Fox insists that EPA's strategy "reflects extensive public comment, including 11 public listening sessions around the country and relies heavily on the stewardship ethic of producers." Beginning in fiscal year 2000, he adds, EPA and states will issue permits to concentrated animal feeding operations (CAFOs) under the existing Clean Water Act regulations. Then, beginning around 2005, EPA and the states will reissue CWA permits to CAFOs based on revised effluent guidelines as well as revised regulations for CWA permitting and any other new information such as new nutrient water quality criteria and standards.