Program Updates
In March 2022, a joint petition from the Conservation Law Foundation, the Vermont Natural Resources Council, and the Lake Champlain Committee requested the EPA Region 1 office take corrective actions or withdraw its authorization of Vermont’s NPDES Program, which is administered by the Vermont Agency of Natural Resources (ANR).
After reviewing the information contained in the petition and compiled in their investigation, EPA Region 1 communicated in a September 9, 2024 letter from David Cash, EPA Region 1 Administrator, to Julie Moore, ANR Secretary, that Vermont “must be responsible for CAFO permitting, monitoring, and enforcement relevant to implementing the Clean Water Act’s NPDES program on Vermont’s farms. This includes making ANR responsible for conducting routine inspections, enforcing nutrient management planning requirements, and administering discharge permits.” EPA Region 1 also called for ANR to present a proposed corrective action plan and timeframe for resolution of the issues to EPA Region 1 on or before December 5, 2024. ANR is currently drafting this plan. We anticipate EPA will require additional time to review and respond to our proposed corrective action plan once submitted.
We will provide additional information here as this process continues. If you have questions or would like to receive future updates by email, please use the webform below.
Press Release December 9, 2024
Proposed CAFO Corrective Action Plan
Meeting Details – Join the Public Informational session
December 16th, 2024, from 2:00 – 3:00 pm
Where: Dewey Building, 1 National Life Dr, Montpelier, VT 05620
OR online via Microsoft Teams, using the link at the meeting time: Join the meeting now
Meeting ID: 281 626 521 719 Passcode: Ko6aT2HX
OR: Dial in by Phone
+1 802-828-7667,,60349301#
Phone conference ID: 603 493 01#
If you cannot attend and want to submit a comment, please use the Webform below
Medium CAFO General Permit
General Authority and Definitions
Animal Feeding Operations (AFOs) are agricultural operations where animals are kept and raised in confined situations. An AFO is a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
- animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and
- crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
The National Pollutant Discharge Elimination System (NPDES) regulations define a concentrated animal feeding operation (CAFO) as any AFO that either meets a certain animal population threshold, or, regardless of population, is determined to be a significant contributor of pollutants to waters of the United States by the appropriate authority [40 C.F.R. § 122.23(b)(2)].
The NPDES permits regulate the discharge of pollutants from point sources to waters of the United States. CAFOs are point sources, as defined by the 40 C.F.R. § 122.2.
VTDEC regulates agricultural point source pollution through inspections, investigations, enforcement, and permitting.