EPA's TMDL Stay Praised

July 20, 2001

The American Farm Bureau Federation believes the Environmental Protection Agency did the right thing in litigation over water quality regulations affecting farms and ranches and reviewing those rules. "We agree with the 18-month stay of the litigation and look forward to working with EPA to revise the regulations," said AFBF President Bob Stallman.

Stallman said, "Farmers and ranchers have made much progress over the years in improving water quality through voluntary, incentive-based programs. We welcome EPA's decision to further involve stakeholders as the agency reviews the regulations." Stallman said Farm Bureau was disappointed last year when EPA finalized the agency's proposed rule regarding total maximum daily loads (TMDLs). He said that plan was unwise and the inclusion of non-point sources would cripple farms, ranches and forestry operations at a time when producers could least afford new regulations.

"It was unfortunate Farm Bureau and others had to challenge in court EPA's authority under the Clean Water Act to include non-point sources in the TMDL regulatory water program," Stallman said. The Farm Bureau president said it has become necessary several times in recent years for the organization to step in when the federal government has threatened to impair farming and ranching, particularly cases involving water quality and landowners' rights.

"When we determine that federal regulations exceed the intent of the law, we look to the courts to set matters right," Stallman said. "Under the previous administration, the agency repeatedly and determinedly tried to usurp water quality enforcement power of state and local agencies. We are encouraged by this new approach by the EPA, which we hope will focus on goals and accomplishments rather than on process."

Congress divided point and non-point source control on jurisdictional grounds: Point sources are regulated at the federal level; non-point sources are managed by the individual states. Farm Bureau believes the final TMDL rule must be redesigned, since the Clean Water Act does not authorize EPA to regulate non-point sources of pollution.

"Congress did not want EPA involved in local land use issues," Stallman said. "Given the care and attention Congress gave to non-point source issues in writing sections of the Clean Water Act, it is evident the lawmakers did not intend for agriculture to be faced with such a dilemma."