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IATP Hog Report - Institute for Agriculture and Trade Policy

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Section 7<br />

struggle to compete with hog factories similar to those Smithfield Foods,<br />

Inc. hopes to build in Pol<strong>and</strong>. The AWI continues to work with Polish<br />

farmers <strong>and</strong> help get them advice from U.S. farmers about profitable <strong>and</strong><br />

ecological alternatives to both Smithfield's hog factories <strong>and</strong> the collective<br />

hog factories that remain from communist times.<br />

Strategy 2.<br />

Clean Water Act En<strong>for</strong>cement<br />

The Clean Water Act (CWA) is the federal law that governs the quality of<br />

U.S. rivers, lakes, estuaries, <strong>and</strong> coastal waters. It is administered by the U.<br />

S. Environmental Protection Agency (EPA).<br />

The Act's traditional focus has been on protecting surface waters by<br />

controlling wastewater from manufacturing <strong>and</strong> other industrial facilities,<br />

termed point sources. Most agricultural activities are considered nonpoint<br />

sources of pollution since they do not discharge wastes from clearly<br />

identifiable pipes, outfalls, or similar conveyances.<br />

Since 1972, the Clean Water Act has defined large animal factories (or<br />

confined animal feeding operations (CAFOs)) as point, rather than<br />

nonpoint, sources, subject to the Act's prohibitions against discharging<br />

pollutants into waters of the United States without a permit.<br />

Although the law provides <strong>for</strong> it, EPA has not reviewed or revised CAFO<br />

st<strong>and</strong>ards since they were promulgated in the mid-1970s. Nor has the<br />

National Pollution Discharge Elimination System (NPDES) been<br />

administered effectively to curb pollution from hog factories.<br />

In 1998, increased publicity surrounding manure spills, lawsuits by<br />

environmental groups against EPA <strong>and</strong> the states, <strong>and</strong> a 1997 directive by<br />

Vice President Al Gore to develop an Action Plan <strong>for</strong> strengthening water<br />

pollution control ef<strong>for</strong>ts, led EPA to draw up a draft plan. Public hearings<br />

were held across the country. In November 1998, a joint EPA/USDA draft<br />

unified national strategy <strong>for</strong> all animal feeding operations was released,<br />

defining roles <strong>and</strong> responsibilities <strong>for</strong> implementing the EPA plan on<br />

animal feedlots.<br />

Environmental groups consider the EPA/USDA strategy very weak. The<br />

proposed seven-year timeline to implement EPA's strategy (i.e., issue<br />

CAFO permits) is too slow, fails to address current ineffective animal<br />

waste practices, <strong>and</strong> allows CAFOs to proliferate in the meantime. Some<br />

groups have proposed a federal moratorium on new or exp<strong>and</strong>ed feedlots<br />

until EPA <strong>and</strong> the states develop <strong>and</strong> implement new programs.<br />

http://www.iatp.org/hogreport/sec7.html (4 of 13)2/27/2006 3:50:18 AM

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