Committee reviews S.124 changes that shift CAFO discharge determinations to ANR and clarify farm permit rules

Lawmakers and agency staff spent a committee meeting reviewing S.124, a bill that would amend Vermont’s agricultural water-quality statutes to align with U.S. Environmental Protection Agency (EPA) expectations for concentrated animal feeding operations (CAFOs) and to clarify how state farming permits are administered.

The committee examined provisions that make the Agency of Natural Resources (ANR) the lead determiner of whether a farm has an unpermitted discharge that triggers an EPA CAFO permit, change a previously required memorandum of understanding (MOU) into a different document referenced to ANR’s discharge authority, and spell out how large farm (LFO), medium farm (MFO) and CAFO permits interact. The changes also address buffers, seasonal and emergency exemptions for manure application, permit fees, and small-farm certification requirements.

Supporters said the text largely follows EPA guidance and is intended to preserve the state’s nonpoint-source program while clarifying roles between the Agency of Agriculture and ANR. Mike (committee counsel) summarized the core change: under S.124 the secretary of agriculture would “refer promptly” potential discharges discovered during permit review to ANR, and ANR would make the formal determination whether a CAFO permit is required. “Region 1 EPA is not a big office,” Mike said in the meeting, urging caution about any move to have EPA administer programs directly; he warned that delegating permitting to EPA could slow approvals and raise enforcement questions.

Why this matters: the bill affects which state office makes formal discharge determinations, which farms must obtain multiple permits, how buffer rules apply to farms determined to be CAFOs, and where permit fees are deposited. Those procedural changes could affect inspection practices, permit timing, and which state fund receives yearly permit revenue.

Key provisions and staff explanations

- Change in discharge determinations and the MOU: S.124 removes language requiring a memorandum…