by
Secretary of Agriculture Dan Glickman
Before
the Senate Committee on Agriculture
February 23, 2000
"Mr. Chairman and members of the Committee, thank you for inviting me to appear before you today to join my colleague Carol Browner, Administrator of the Environmental Protection Agency (EPA), to discuss EPA's proposed rules on Total Maximum Daily Loads (TMDL). I am accompanied by Deputy Secretary Richard Rominger and Under Secretary for Natural Resources and Environment Jim Lyons.
"USDA shares EPA's commitment to cleaning the waters of the United States and building on successes reducing water pollution over the past several decades. But, to some degree, those accomplishments were the easy part. The remaining pollution concerns, as highlighted in the President's Clean Water Action Plan which Administrator Browner and I helped prepare, are so-called "nonpoint sources" of pollution such as soil erosion, urban runoff, pollutants from animal feeding operations and other sources that do not come from a single, simply-identified source. Addressing these nonpoint sources of pollution is the great challenge that remains to further improve our waters to make them fishable, swimmable, and potable for all Americans to enjoy.
"To accomplish these next steps in cleaning our waters will take a concerted effort from farmers, ranchers, and forest landowners, as well as urban and suburban residents. Notwithstanding all the work that remains, farmers, ranchers, and foresters have been working for years to reduce the effects of their operations on water quality. Much has been achieved in this regard using many of the conservation tools that the Congress and Department wrote into the 1985, 1990, and 1996 Farm Bills.
"For example, the Conservation Reserve Program (CRP) has been an extremely effective tool in reducing erosion on highly erodible lands. Continuous sign-up of buffer practices under CRP has become an important part of water quality protection. The Wetlands Reserve Program, the Environmental Quality Incentive Program (EQIP) and one of its predecessors the Water Quality Incentive Program have benefitted thousands of farmers and ranchers and helped them to improve the productivity of their operations through improved conservation. The Conservation Reserve Enhancement Program (CREP) is playing an important role in protecting the waters of the Chesapeake Bay, salmon habitat in Oregon and Washington, and drinking water supplies for New York City. The President's FY 2001 budget request includes $1.3 billion above currently authorized levels to bolster our agriculture conservation programs.
"I am proud of agriculture's and forestry's contributions to the nation's efforts to clean our waters, while recognizing that we can and should do more. The question is how should we proceed with our efforts to reduce nonpoint source pollution, and, what additional tools are needed to realize further gains?
"I believe we must proceed carefully and thoughtfully. As you know, American farmers and ranchers have for the last three years suffered from rock-bottom prices, shrinking global demand, record worldwide production, and a slew of natural disasters. They are under extraordinary duress - and more than ever - they need clear and understandable information about how any new proposed regulation might affect their operations.
"The proposed TMDL rules are understandably confusing to the agriculture community. The language of the draft rule is very complex and frankly would present a challenge to any expert on the issue. First and foremost, farmers need a clear statement of how the proposed rule would affect them.
"Mr. Chairman, I want to clarify the confusion regarding the Department of Agriculture's position on the proposed TMDL rules. On October 22, 1999, Mr. Lyons' office sent a letter to Administrator Browner commenting on EPA's proposed rule. However, the letter had not gone through Departmental clearance and more importantly, I never reviewed it. Accordingly, it does not represent USDA's official position.
"It is unfortunate because if I had had an opportunity to review the October letter, I would have set a different tone. Some are using the letter to drive a wedge between USDA and EPA on this issue. The letter unfairly questioned the EPA's interpretations of its own authorities. Let me make clear, that we defer to EPA's interpretations of its legal authorities as it is the agency charged by this Congress to implement the Clean Water Act.
"I have concerns about the proposed rule, but I believe adjustments can be made without undermining the intent or the letter of the law. USDA has formed an interagency group with EPA to work through our concerns. This group has been meeting regularly and I understand it is making progress.
"I believe the TMDL rule should recognize the best management practices of America's farmers and ranchers; second, the rule should be more clearly constructed and should minimize adverse effects on agriculture and silviculture operations; and third, it should allow for reasonable time frames for planning and implementation.
"I want to take this opportunity to summarize our main concerns:
"First, the rule should clarify that a farmer's best management practices -- such as a stream side buffer on farm or forest land -- will be taken into account when determining how to best meet clean water standards.
"Second, the EPA should provide comprehensive cost projections of the impact of the proposed TMDL rule on agriculture and silviculture.
"Third, the rule should clarify if and when the TMDL process would apply to discharges from silvicultural activities. USDA knows what works well in implementing TMDLs in forested watersheds and the rules should reflect our field experience. USDA's partnerships have shown that an adaptive and collaborative TMDL process that relies on best management practices and monitoring often has the best chance of efficiently attaining water quality standards.
"Finally, USDA is concerned about the science being used in assessing and attributing the effects of nonpoint source pollution. Theoretical models have high levels of uncertainty and there are gaps in the data regarding what is natural background pollution versus what is caused by human actions.
"Mr. Chairman, USDA believes education and partnerships are going to play decisive roles in efforts to improve water quality. The proposed TMDL rules should be fair, clear, and provide farmers with greater certainty. With this in mind, we are diligently working with the EPA to resolve our concerns.
"Mr. Chairman, I thank you for this opportunity to appear before your Committee. We welcome the opportunity to discuss the issues and respond to your questions.
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