In accordance with the Clean Water Act’s designation of CAFOs as point  sources, EPA defined which poultry and livestock facilities constituted a  CAFO and established permitting requirements for CAFOs. The Number of Large Farms Raising Animals Has Increased, but Specific Data on CAFOs Are Not Available

Because no federal agency collects accurate and consistent data on the  number, size, and location of CAFOs, it is difficult to determine precise  trends in CAFOs. According to USDA officials, the data USDA collects for  large farms raising animals can be used as a proxy for estimating trends in  CAFOs nationwide. Using these data, we determined the following:    Between 1982 and 2002, the number of large farms raising animals  increased from about 3,600 to almost 12,000, or by about 234 percent. Growth rates varied dramatically by animal type. The number of animals raised on large farms increased from over 257  million in 1982 to over 890 million in 2002—an increase of 246 percent. Without a systematic and coordinated process for collecting and  maintaining accurate and complete information on the number, size, and  location of CAFOs nationwide, EPA does not have the information it needs  to effectively monitor and regulate these operations. Large Farms That Raise Animals Can Produce Thousands of Tons of Manure Each Year, and Regional Clustering of Farms Can Exacerbate Manure Management Problems

The amount of manure a large farm that raises animals can generate  primarily depends on the types and numbers of animals raised on that  farm, but can range from over 2,800 tons to more than 1.6 million tons a  year. To further put this in perspective, the amount of manure produced  by large farms that raise animals can exceed the amount of sanitary waste  produced by some large U.S. cities. Studies Have Identified Impacts of Pollutants from Animal Waste, but EPA Has Not Assessed the Extent of Such Impacts

Since 2002, at least 68 government-sponsored or peer-reviewed studies  have been completed on air and water pollutants from animal feeding  operations. Of these 68 studies,    15 directly linked pollutants from animal waste generated by animal  feeding operations to specific health or environmental impacts. 12 made indirect linkages between air and water pollutants and health  and environmental impacts. However, they also stated that EPA does not have data on the  number and location of CAFOs nationwide and the amount of discharges  from these operations. It Is Unclear if EPA’s Efforts to Develop Air Emissions Protocols for Animal Feeding Operations Will Be Effective and Whether EPA Intends to Regulate These Emissions in the Future

The National Air Emissions Monitoring Study is intended to provide a  scientific basis for estimating air emissions from animal feeding  operations and to help EPA develop protocols that will allow it to  determine which operations do not comply with applicable federal laws. Although EPA told us that the National Air Emissions Monitoring Study is  the first step in developing comprehensive protocols for quantifying air  emissions from animal feeding operations, we found that the study may  not provide EPA with the data that it needs for the following three  reasons. They stated that the study did not include a  sufficient number of monitoring sites to establish a statistically valid  sample. In addition, we recommended that EPA establish a strategy and  timetable for developing a process-based model that will provide more  sophisticated air emissions estimating methodologies for animal feeding  operations. Two Federal Court Decisions Have Affected EPA’s and Some States’ Ability to Regulate Water Pollutants Discharged by CAFOs

Two federal court decisions—Waterkeeper Alliance Inc. v. EPA and  Rapanos v. United States—have affected EPA and some states’ abilities to  regulate CAFOs for water pollutants. As a result,  the decision has complicated the agency’s enforcement of CAFO  regulations. In conclusion, Mr. Chairman, EPA has regulated CAFOs under the Clean  Water Act for more than 30 years, and during this time it has amassed a  significant body of knowledge about the pollutants discharged by animal  feeding operations and the potential impacts of these pollutants on human  health and the environment.
Why GAO Did This Study

Concentrated animal feeding operations (CAFO) are large livestock and poultry operations that raise animals in a confined situation. CAFOs may improve the efficiency of animal production, but the large amounts of manure they produce can, if improperly managed, degrade air and water quality. The Environmental Protection Agency (EPA) regulates CAFOs and requires CAFOs that discharge certain pollutants to obtain a permit. This testimony summarizes the findings of a September 4, 2008 GAO report (GAO-08-944) on (1) trends in CAFOs, (2) amounts of waste they generate, (3) findings of key research on CAFOs' health and environmental impacts, (4) progress made in developing CAFO air emissions protocols, and (5) the effect of recent court decisions on EPA's regulation of CAFO water pollutants. GAO analyzed U.S. Department of Agriculture's (USDA) data from 1982 through 2002 for large farms as a proxy for CAFOs; reviewed studies, EPA documents, laws, and regulations, and obtained the views of federal and state officials.

What GAO Found

Because no federal agency collects accurate and consistent data on the number, size, and location of CAFOs, GAO could not determine the exact trends for these operations. However, using USDA data for large farms that raise animals as a proxy for CAFOs, it appears that the number of these operations increased by about 230 percent, from about 3,600 in 1982 to almost 12,000 in 2002. The number of animals raised on large farms also increased during this 20-year period, but the rate of increase varied by animal type. Moreover, EPA does not have comprehensive, accurate data on the number of permitted CAFOs nationwide. As a result, the agency does not have the information that it needs to effectively regulate these CAFOs. EPA is currently working with the states to establish a new national data base. The amount of manure generated by large farms that raise animals depends on the type and number of animals raised, but these operations can produce from 2,800 tons to 1.6 million tons of manure a year. Some large farms that raise animals can generate more manure annually than the sanitary waste produced by some U.S. cities. Manure can be used beneficially to fertilize crops; but according to some agricultural experts, when animal feeding operations are clustered in certain geographic areas, the manure they produce may not be effectively used as fertilizer on adjacent cropland and could increase the potential of pollutants reaching nearby waters and degrading water quality. Since 2002, at least 68 government-sponsored or peer-reviewed studies have been completed that examined air and water quality issues associated with animal feeding operations and 15 have directly linked air and water pollutants from animal waste to specific health or environmental impacts. EPA has not yet assessed the extent to which pollutants from animal feeding operations may be impairing human health and the environment because it lacks key data on the amount of pollutants being discharged by these operations. Considered a first step in developing air emission protocols for animal feeding operations, a 2-year nationwide air emission monitoring study, largely funded by the industry, was initiated in 2007. However, the study, as currently structured, may not provide the scientific and statistically valid data it was intended to provide and that EPA needs to develop these protocols. In addition, EPA has not yet established a strategy or timetable for developing a more sophisticated process-based model that considers the interaction and implications of all emission sources at an animal feeding operation. Two recent federal court decisions have affected EPA's ability to regulate water pollutants discharged by CAFOs. The 2005 Waterkeeper decision required EPA to abandon the approach that it had proposed for regulating CAFOs in 2003. Similarly, the Rapanos decision has complicated EPA's enforcement of CAFO discharges because EPA believes that it must now gather more evidence to establish which waters are subject to the Clean Water Act's permitting requirements.