What is a CAFO?

An Animal Feed Operation (AFO) is any animal feeding operation where animals are kept and raised in confined situations on a property for a total of 45 days in any 12-month period and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot of facility.

To be considered a Concentrated Animal Feeding Operation (CAFO), AFOs are permitted based on several conditions including the number of animals housed during each 12-month period. Facilities are regulated as a Small (<150 horses), Medium (150-499 horses), or Large CAFO (500+ horses).

No matter what size an operation is, if it is an AFO, it may be designated a CAFO. Many diverse types of horse operations including show grounds, breeding facilities, racetracks, recreational boarding stables, and more could be regulated as a CAFO.

Being defined as a CAFO requires you to manage wastewater and drainage, have a nutrient management plan, and repeat the permit inspection annually.

History of CAFO Regulations

The Clean Water Act (CWA) sets a basis for regulation of CAFOs within the United States since the 1970s. The CWA prohibits the discharge of pollution into the Water of the United States (WOTUS) from any point source, unless permitted by the National Pollutant Discharge Elimination System (NPDES). Currently, CAFOs are regulated by the EPA via the NPDES at the federal level. The EPA determines the maximum allowable amount of contaminants that can be discharged by a CAFO via the Effluent Guidelines.

Pollutants from manure in water cause excess algae growth and deplete the water of oxygen needed by fish and other aquatic life; they can also make the water unsafe for drinking and recreational activities.

Current CAFO effluent guidelines are based on tonnage of manure produced per animal. The federal permitting process qualifies states to manage NPDES permit applications with the exception of MA, NH, NM, and Puerto Rico. States are also able to add additional CAFO permitting requirements.

Current Federal Issues Affecting CAFO Regulations

Sackett vs. EPA

In 2022 the Supreme Court agreed to hear a case regarding enforcement of the CWA. The case focused on the definition of waters covered under the CWA and the EPAs ability to enforce those definitions.

In May 2023 the Supreme Court ruled the EPA did not have jurisdiction over the Sacketts’ property and thus “the Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States — i.e., with a relatively permanent body of water connected to traditional interstate navigable waters, 33 U.S.C. § 1362(7).”

Updated Definitions to WOTUS

The EPA and U.S. Army Corps of Engineers (Corps) use the definition of WOTUS to determine which water bodies are subject to CWA programs. The recent Sackett ruling may affect how the EPA and Corps define WOTUS. Redefining WOTUS could determine how many operations should be considered CAFOs.

EPA Effluent Guidelines Program Plan 15

In February 2023, the EPA announced Effluent Guidelines Program Plan 15 (Plan 15). Plan 15 lays out a roadmap to research effluent discharge from several industries with the ultimate goal to provide information to update EPA Effluent Guidelines. This research plan includes studies of discharge from CAFOs, including horse operations.

Where is there potential for regulatory change?

The industry is concerned CAFO regulations were created with beef, dairy, poultry, pork, and other traditional food animals in mind and place excessive financial and logistical hardship on equine operations. As husbandry practices associated with horse operations differs from traditional food and fiber livestock, horse operations should have any required CAFO permitting tailored specifically to the circumstances surrounding husbandry practices.

There is potential for change with any updated CAFO definitions at the federal level, but it should be noted that many states have revised CAFO definitions and thus opportunities must also be reviewed at the state level. The AHC encourages all members to review CAFO regulations specific to their state and understand where there is potential for horse specific research and language updates.

Actionable Next Steps

Understanding CAFO regulations is half the battle of seeking change. AHC implores all horse facilities read up on active regulations both at the state and federal level. Knowing what regulations currently apply to your operation is critical to ensuring compliance and avoiding financial penalties. Reaching out to your state department of agriculture, or local USDA extension agent, is a great starting place to learn what regulations may apply to your operation.

Even if your operation is not classified as a CAFO, it’s important to comply with all applicable federal and local environmental regulations.

AHC has connected with the Plan 15 project manager and is continuing to stay in contact while the horse operation study evolves. We’ll work to make sure waste products from horse operations are fairly and accurately analyzed. Results from the Plan 15 study will provide guidance for any exemptions or horse specific language we may seek in CAFO permitting.

Where to learn more

If you’re interested in learning about CAFOs, feel free to reach out to Emily Stearns (estearns@horsecouncil.org).

The American Horse Council (AHC) wrapped a trip out West with its 2023 Annual Conference on June 6. The enthusiasm for learning and combatting a growing list of missions filled a packed crowd of industry leaders and ardent enthusiasts.

Attendees heard updates on the actions of such committees as the United Horse Coalition, Equine Welfare, Health & Regulatory, Racing Advisory, Show and Competition and Recreation/Trails/Land Use Committees that encompass the many facets of the AHC. Presentations spurred conviction to look for change or action during engaging presentations at the annual National Issues Forum.

“The theme for the 2023 National Issues Forum is ‘The Measure of Tomorrow,’ and is intended to showcase four important focus areas for the future of equine and equestrian industry – Economics, Sustainability, Herd Health, and Strengthening the Community,” stated AHC President Julie Broadway in her opening remarks. “As you hear these presentations, I ask you to think about how the information shared will inform your actions to ‘shape’ tomorrow. We all strive to leave things ‘better than we found them’ so that’s my challenge to you – how does the content you hear today help you and us think as visionaries and leaders that have the opportunity to ‘shape’ tomorrow?”

Economics and how the industry is valued was the first focus of the forum. Speakers included Dr. Gregory Graff, professor of the Economics of Innovation and Entrepreneurship in the Department of Agricultural and Resource Economics at Colorado State University; Michael Vanaskie of The Innovation Group, one of the lead economists for the AHC Economic Impact Study and Julie Broadway of AHC on the 2023 AHC Study. Broadway and Vanaskie highlighted how the differences between the current format of the United States Department of Agriculture (USDA) census and what the AHC hopes can become a more encompassing horse census. This census has been spurred by the AHC’s (ongoing) Equine Economic Impact Survey and how more accurate numbers can help the industry get a fairer piece of the Farm Bill, which is currently in debate in Washington, DC.

The focus on sustainability took an eye-opening and nose-pinching turn when Colorado State University Capstone students Jessica Stock and Vanessa Roy shared their presentation on how horse manure is being repurposed to consumable electricity in Finland and how that could be used in the United States. Scott Evans shared his mission of helping horse show circuits and associations take a greener approach to their events with his initiative Green is the New Blue. It all started with trying to eliminate single-use water bottles being left behind at shows to something that’s bigger than just your local show circuit. Finally, Megan Fellows shared her mission of Carbon Hoofprints—innovative solutions for stakeholders in the equestrian stakeholders.

Always a hot topic, the focus on Herd Health included Joe LaFollette of League of Ag & Equine Centers, Dr. Nat White of Equine Disease Communication Center and Dr. Angela Pelzel McCluskey of the USDA on biosecurity measures needed to mitigate disease at shows and events and at home. This was supported by a presentation by the University of Florida’s Dr. Sally DeNotta that shared how the changing climate is affecting equine infectious diseases and increasing vectors that might not have been thought of in years past.

Finally, the forum focused on strengthening the horse community with the AHC Marketing Alliance. Members Jen Grant of Zoetis and Christy Landwehr of National Reining Horse Association shared a new campaign to reach out to more than our own industry, but outside the horse industry with the “HereForHorses” campaign. The campaign is an evolution of two previous campaigns that included the Time To Ride campaign to introduce riding and horses to the general public. The “HereForHorses” campaign is in its infancy, with more details to come.

“This was one of the best issue forum I’ve attended,” said Dr. Josie Traub Dargatz, formerly of CSU, who was happy to attend the forum in her own back yard of Colorado. Her sentiments were echoed from many who attended.

AHC also honored five award winners and the recording of the award ceremony will be on the AHC website soon. Rep Jacki Walorski, Dr . Jerry Black, Gary Carpenter, Dr Chelsie Huseman and Days End Farm Horse Rescue.

“The conference is one of the best ways to engage and be reinspired with our mission to bring together the horse industry—no matter the breed, discipline, background or location,” says Broadway. “We hope everyone left reinvigorated with new ideas and calls to action.”

The next AHC National Conference and National Issues Forum will be held in Washington, DC, June 9-11, 2024, with plans to build on the momentum created in Denver.