September 16, 2019


USPOULTRY welcomes decision to repeal 2015 rule of Clean Water Act



The president of US Poultry & Egg Association (USPOULTRY) has welcomed the US Environmental Protection Agency and the US military's decision to repeal a 2015 rule which broadened the definition of "waters of the United States" (WOTUS) under the Clean Water Act.


"On behalf of our USPOULTRY members, we are pleased the EPA has honored its commitment to withdraw a regulation that was overly burdensome and clearly outside the jurisdictional authority prescribed to the agency by Congress," USPOULTRY's John Starkey said in a press release.

USPOULTRY is of the view that the rule unfavourably impacts land owners, and said it looks forward " to work with EPA to finalise a regulation that protects surface water quality" without infringing their "fundamental rights."

The organisation was a member of a coalition that legally challenged the rule as part of the American Farm Bureau lawsuit.

"We are very pleased to see the matter settled in this manner, without the need for additional litigation," Starkey remarked.

According to Livestock and Poultry Environmental Learning Community, farms that are identified as concentrated animal feeding operations (CAFOs) "are subject to National Pollutant Discharge Elimination System (NPDES) permitting under the Clean Water Act (CWA) because they are, by definition, "point sources" of pollution."

"Under the CWA, point sources are prohibited from discharging pollutants to the waters of the US except as authorised by an NPDES permit," the body added.

In addition, CAFO farms should also have "a nutrient management plan that includes management measures for both the production area and the land application areas of the operation, as well as record-keeping and reporting requirements."