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March 17, 2000

USDA: EPA runoff rules too complex

Agriculture Secretary Dan Glickman recently told the Senate Agriculture Committee that the Clinton administration must clarify its proposal for reducing water pollution from farms and logging operations and find out what the price tag will be for landowners.

In August, the EPA recommended rules that would oblige states to submit plans within 15 years to clean up every waterway that fails to meet water quality standards.

Glickman told the committee he is concerned about the complicated structure of the plan and the lack of complete cost assessment. The rules are "very complex and would present a challenge to any expert on the issue," he said.

The plan should also make it clear that regulators will take into consideration efforts farmers have made to limit runoff, such as planting trees along a stream.

"Farmers demand clarity. What they don’t need is more uncertainty," Glickman said.

EPA Administrator Carol Browner told the committee it would be up to each state to decide how to meet the reductions in pollutants required by their plans.

She said the plan was a "very, very sensible way to do the final work to ensure clean water for everyone in this country."

John Barrett, ag representative to EPA’s Total Maximum Daily Load (TMDL) federal advisory committee, said the plan is not legal.

"EPA’s proposed regulations are unlawful because they go well beyond the authority of the Clean Water Act," he said. "The proposed regulations empower EPA to regulate non-point sources of pollution through the TMDL program. Congress did not intend for EPA to possess such power. Congress made a conscious decision to treat point/nonpoint sources differently and separately in the CWA."