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Many owners and operators of concentrated animal feeding operations (CAFO) need to secure National Pollutant Discharge Elimination System permits from the federal or state permitting authority. Because of the expense and inconvenience of permit applications, farm groups have challenged revisions to the federal CAFO Rule as well as state regulations claiming selected provisions exceeded the authority of the permitting agency. In 2011, 2 courts responded with decisions that clarify federal and state permitting regulations. Another goal of agricultural groups is to change the regulatory authority of the state from an environmental agency to a department of agriculture. These developments suggest that by altering the permitting authority, CAFO owners and operators may alleviate some of the burdens of the permitting process.

Due to concentrations of animals at large facilities, animal feeding operations (AFOs) have emerged as a major potential source of water pollution. The federal government regulates concentrated animal feeding operations under its point-source pollution permitting regulations. A major determinant of whether an operation must apply for a permit is the number of animals at an individual lot or facility. This paper examines federal mandatory controls and voluntary guidelines that seek to reduce contaminant pollution from AFOs. Land treatment practices are delineated due to their importance in reducing the injurious by-products of agricultural production. An evaluation of proposed revisions to federal regulations on confined animal feeding operations suggests they diverge from their goal of controlling water pollution. Federal regulations focus on the size of operation and amount of manure governed by the permitting process to the exclusion of other criteria related to the impairment of water quality. Given the uncertainties about the amount of pollution from AFOs, lack of enforcement of existing regulations, localization of problems, and possible alternatives for addressing the pollution, more demanding federal regulations may not form an appropriate response.