EPA finds gaps in Vermont CAFO oversight; state moves to revise corrective action plan

Vermont environmental regulators told the Senate Natural Resources & Energy Committee that U.S. Environmental Protection Agency Region 1 has concluded the state is not fully implementing federal NPDES requirements for concentrated animal feeding operations, or CAFOs, and has required the Agency of Natural Resources to take corrective actions.

At a committee hearing, Keith Laplomb, director of the Watershed Management Division at the Vermont Department of Environmental Conservation, said EPA’s review found that CAFOs are point sources that require National Pollutant Discharge Elimination System permits at the time of any discharge and that the state has not issued individual NPDES CAFO permits. Laplomb said the Conservation Law Foundation, Vermont Natural Resources Council and the Lake Champlain Committee filed a de‑delegation petition in March 2022 and EPA reviewed complaints, inspections and agency records before issuing findings in September 2024.

The EPA review covered 113 complaints made to state agencies between 2021 and 2023, Laplomb said. Of those complaints, 26 remained unresolved in the agencies’ records; 51 were concluded as "no violation found" despite documentation on file; 8 were identified as Clean Water Act violations but were remediated without further enforcement; and 10 inspections showed ongoing or recent unaddressed discharges. EPA required the state to submit a corrective action plan and specified seven core elements for that plan, Laplomb said.

Why it matters: EPA’s findings put the state’s delegated authority at risk. If EPA were to de‑delegate the NPDES program, federal permitting for stormwater, wastewater and other discharges would revert to EPA Region 1 in Boston. That change would shift who issues and enforces federal permits and could alter how farms are regulated under the federal Clean Water Act.

What the state plans to do: Bethany Sargent, deputy director of the Watershed Management Division, said the agency submitted a corrective action plan to EPA on Dec. 6, 2024; EPA responded on Jan. 17, 2025 with 11 areas needing more detail. EPA asked the state for a revised plan by March 17, 2025. The Jan. 17 response said Vermont must clarify ANR’s sole authority to determine CAFO jurisdiction, inspect potentially jurisdictional farms, review nutrient management plans, issue NPDES permits where required, and put in place comprehensive tracking, monitoring and enforcement systems.

Staffing and funding: Sargent and Laplomb said the ANR CAFO program currently has two full‑time staff. The agency plans to move an existing position into the CAFO program (bringing on‑paper staff to three), and the governor’s budget requests two additional FTEs (for a total of five) plus $850,000 for database development and contracting support to carry out inspections and data management. ANR committed to reporting to EPA by Dec. 2026 on whether additional capacity is required.

Agency of Agriculture view and outreach: Steve Collier, general counsel for the Vermont Agency of Agriculture, said farmers and state agriculture staff have been actively implementing state large‑ and medium‑farm rules predating EPA’s recent action. "Farmers are doing work actually incredibly well," Collier said, and he emphasized the state and the Agency of Agriculture typically inspect large farms annually and medium farms on a multi‑year schedule. Lauren Petro, director of water quality at the Agency of Agriculture, described funding and technical assistance programs that support farmer implementation and said agriculture receives a substantial share of clean‑water dollars, noting in committee discussion that "24% of the clean water budget goes to agriculture but the reductions you get for those dollars are 77 percent of the reductions."

Discussion versus formal action: Committee members asked how quickly the agencies can implement changes while rulemaking and statutory work proceed. Laplomb and Sargent said the agencies can begin inspections and issue a limited number of NPDES CAFO permits during the transition, but that broader implementation depends on staffing, statutory clarity and a stakeholder rulemaking process. Senator Hardy (who indicated she intends to introduce a bill) said she planned to file legislation to meet EPA’s requirements and to establish the stakeholder process the agencies described.

Outstanding items and next steps: EPA has given ANR until March 17, 2025 to submit a revised corrective action plan; ANR has committed to a Dec. 2026 report evaluating program capacity. The agencies said they will begin a pre‑rulemaking stakeholder process, work with the legislature on statutory changes, and continue joint inspections and information sharing with the Agency of Agriculture. The agencies also made documents summarizing the petition, EPA’s findings and the corrective action plan available to the committee and public via an online packet.

Ending: Committee members said they expect the agencies to return with more detail as rulemaking, staffing and legislative proposals advance; the committee paused the hearing for a break and scheduled follow‑up work later in the session.