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June 1, 2001

FB: Incentive-based programs best for improving water quality

Layering federal regulations on top of existing state water quality rules is not needed and would unfairly burden America's farmers and ranchers, Farm Bureau said in a recent statement to a House Resources panel. Farm Bureau also emphasized the positive steps producers have voluntarily taken to improve water quality and the success of incentive-based initiatives.

"Our members are concerned about our environment and have a long history of implementing sound conservation practices," Farm Bureau stated. "The increased federal regulation of animal feeding operations (AFOs) envisaged by EPA in the proposed regulations is neither needed in order to fill a regulatory vacuum nor justified by water quality data."

The statement was submitted regarding the Environmental Protection Agency's proposals to implement a national permit and effluent limitation guideline for captive animal feeding operations. Farm Bureau highlighted the success of existing state permitting schemes, saying the addition of federal schemes would "result only in increased coordination costs for federal and state governments and unnecessary heightened regulatory burdens for producers."

Pointing to water quality data, Farm Bureau said increased federal regulation of AFOs is not needed. "EPA's data shows that impact on watersheds by feedlots and agriculture, in general, is only a problem in a few localized areas in the United States," Farm Bureau stated. "Data does not suggest that the solution to such problems should be approached on a national level."

Tied with the EPA's proposals, Farm Bureau stated, is the fact that the Clean Water Act grants statutory authority for EPA to regulate only point sources.

Concentrated animal feeding operations are deemed to be point sources under the Clean Water Act. However, EPA does not have statutory authority to regulate AFOs.

According to Farm Bureau, EPA's proposals clearly overstep Congress's intent with the Clean Water Act. Specifically the EPA proposals unreasonably and/or impermissibly significantly expands the number of farms classified as captive animal feeding operations; eliminates the 25-year, 24-hour storm event exception; regulates land application of organic nutrients; mandates "permit nutrient plans"; and co-permits corporate entities.

"Over the decades agricultural producers have achieved extraordinary conservation gains through voluntary, incentive-based programs to conserve fragile soils, wetlands, protect water quality and wildlife habitats," Farm Bureau stated. "(We) urge the Congress to continue and increase its strong support for programs to improve water quality without increasing the costs borne by agriculture. Farm Bureau submits that the EPA's current effort to expand the scope of regulation goes well beyond congressional intent, and, as a matter of policy, believes that the non-point source issues of animal feeding operations are best addressed through incentive-based programs."