Ag Policy Blog

EPA Releases Reports on Chesapeake Bay Nutrients Runoff Reduction Efforts

Todd Neeley
By  Todd Neeley , DTN Staff Reporter
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A set of new reports from the U.S. Environmental Protection Agency show mixed results in Pennsylvania, Virginia and New York when it comes to reducing nutrients runoff in the Chesapeake Bay.

It is the first set of reports from the agency documenting the efforts of the controversial total maximum daily load, or TMDL, implemented in the bay region. The TMDL has been challenged in court by the American Farm Bureau Federation and other ag groups, in a case that has brought to the forefront the debate about whether state or federal regulators are best suited to reduce nutrients runoff that leads to harmful algal blooms and hypoxia.

EPA conducts periodic reviews of state programs as part of Clean Water Act oversight.

An evaluation of Pennsylvania's programs to reduce nitrogen, phosphorous and sediment runoff including the TMDL watershed implementation plan found the state has "robust and well-implemented" federal concentrated animal feeding operations and state concentrated animal operation programs.

"The CAO program includes additional operations that are not regulated under the federal CAFO program," the agency said in its analysis. "These programs regulate approximately 10% to 20% of Pennsylvania's animal agriculture operations. For the remaining 80% to 90% of Pennsylvania's animal agriculture operations, EPA's assessment found that the commonwealth is lacking a strong compliance assurance program to achieve full compliance with its manure management program and agriculture erosion and sediment control program that cover these operations."

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EPA said "additional state policies and programs are likely to be necessary for implementing agricultural conservation practices that reduce nitrogen, phosphorus and sediment pollution."

When it comes to Virginia, EPA said the state has a "robust and well-implemented" pollutant abatement program "that covers the majority of poultry and swine operations in the commonwealth." In February the state issued its first two Virginia Pollutant Discharge Elimination System, or VPDES, permits to concentrated animal feeding operations.

"The assessment also found that Virginia is relying heavily on voluntary programs to achieve the nitrogen, phosphorus and sediment pollution reduction targets in the Chesapeake Bay TMDL and the Virginia WIP," EPA said in its analysis. "EPA is encouraged by the response of Virginia farmers to participate in programs such as the stream exclusion cost-share program and the resource management plan program.

"Continued support to farmers will be critical to ensure that these programs keep up with the pace of Virginia's pollution reduction commitments, particularly for the smaller dairies that are not regulated through the state or federal permitting programs."

In New York the state is relying on a combination of voluntary and mandatory programs to address nutrients runoff.

EPA said in its report the state has made progress in a number of areas. That includes providing two rounds of funding to implement best-management practices; the state exceeded its 2017 target for total animal waste management systems; the state agreed to apply nutrient management BMPs to pasture land.

On a few other fronts the state is behind. For example, the state did not release amended drafts of the Clean Water Act or CAFO general permits for notice and public comment in 2013, to make the permits consistent with federal rules, the agency said. In addition, the state is behind on implementing barnyard runoff controls.

The agency said in a news release that it plans to issue similar reports on animal agriculture programs in Delaware, Maryland and West Virginia later this year.

The reports are available by clicking on the agriculture tab at, http://tinyurl.com/…

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