U.S. House Committee on Transportation and Infrastructure
U.S. Rep. Don Young, Chairman

Contact:  Steve Hansen (Communications Director)  (202) 225-7749
    Justin Harclerode (Communications Assistant)  (202) 226-8767

To:  National Desk/Environment Reporter
May 16, 2001

Proposed Animal Waste Management Regulations Seen As Threat To Small Farms

        Washington, D.C. – Farmers and state officials today told the U.S. House Subcommittee on Water Resources and Environment their concerns about a proposal that would significantly alter and complicate regulations governing the management of animal waste on many of our nation’s farms.

        The extensive regulations, proposed by the Environmental Protection Agency (EPA) in January under the outgoing Clinton Administration, would alter the definition of a Concentrated Animal Feeding Operation (CAFO) to include more small farming operations.  The regulations would also change CAFO effluent limitation guidelines.  Current EPA Administrator Christine Todd Whitman recently extended the comment period for the proposed regulations to July 30.

        Under the Clean Water Act, the discharge of pollutants into navigable waters from directly identifiable locations (point sources) is regulated through a federal program, which in most cases is then delegated to the states.

        In the past few years, heightened attention has been given to the problem of excessive nutrients and the contribution of animal feeding operations to water quality problems.  Since 1996, 12 states have established new environmental regulations to address animal feeding operations, while others have pursued effective non-regulatory approaches.

Protecting Water Quality Without Running Small Farmers Out Of Business – Chairman John Duncan

        “There is no debate that we must protect our water quality,” said U.S. Rep. Jim Duncan (R-TN), the Chairman of the Subcommittee.  “But we need to find solutions that are cost effective and make sense.  We need to make sure we are not running small farmers out of business.
“One of the primary questions that should be addressed is whether the states are in a better position to develop programs that will handle these issues than the federal government.”

One-Size-Fits-All Policies Not The Answer – Rep. Dennis Rehberg

        “In a state like Montana, where agriculture is our number one industry, we need to do everything we can to protect both the quality of our water and the livelihood of our farmers and ranchers,” said U.S. Rep. Dennis Rehberg (R-MT), the Vice-Chairman of the Subcommittee.  “One-size-fits-all Washington policies are not the answer to achieving balance – the best solutions can be determined on a state-by-state basis.”

        Many of the Subcommittee members and witnesses commented on the impossible burden placed on farmers to review hundreds of pages of proposed EPA rules to determine how their operation would be affected.

Witnesses Say Proposed Regulations Not The Answer

        “We believe that EPA has seriously underestimated the number of CAFO’s that would require permits under their approach by more than 50 percent,” said Russell Harding, Director of the Michigan Department of Environmental Quality.  “We don not believe that the additional permitting effort will provide any greater reduction in pollutant loading than would occur in the comprehensive, proactive, voluntary program that Michigan is implementing.”

        “The sheer page volume is an overwhelming first step to overcome on the way to identifying what must be done at a particular operation,” said Marty Smith, a cattle farmer and lawyer from Florida.  “A fair amount of my legal practice has dealt with the permitting of CAFO’s in the state of Florida.  Even with my understanding of the law, from the proposals set forth by EPA, it is difficult to counsel clients on what they may be required to do.”

        “I have been farming all my life,” said Craig Hill, a farmer from Iowa.  “There is a direct correlation between the improvements and growth in my operation and the containment of nutrients.  Today, my operation is more environmentally sound than when I first started farming.  As I continue to grow my operation, this trend will continue.”

#     #     #