Other Federal Conservation and Environmental Programs U.S. Army Corps of Engineers-Administered Programs Dredge and Fill Permit Program, established by Section 404 of the Clean Water Act, regulates dredging, filling, and other alterations of waters and wetlands, including wetlands owned by farmers. USDA has authority to make wetland determinations on agricultural land. (Discussed more in chapter 6.5, Wetlands Programs.) Flood control activities include the construction, rehabilitation, and operation of dams, levees, and other facilities for flood control. An emergency supplemental appropriation in 1994 provided funds to complete repair of non-Federal levees damaged by the Midwest floods of 1993. (Discussed more in chapter 6.5, Wetlands Programs.) U.S. Department of the Interior-Administered Programs Endangered Species Act is the Nation's chief statute to conserve endangered or threatened species and their ecosystems. When a species is designated as threatened with extinction, a recovery plan is developed to protect it from further population declines. The plan could include restrictions on cropping practices, water use, and pesticide use. (Discussed more in chapter 1.2, Land Tenure.) Endangered Species Conservation provides State grants for the conservation of threatened and endangered species and for monitoring the status of candidate species. Range Improvements, including rehabilitation and protection, are undertaken by the Bureau of Land Management with a percentage of receipts from grazing of livestock on the public lands. Water Development and Management activities in the 17 Western States by the Bureau of Reclamation include construction, rehabilitation, and operation of dams and facilities for water conservation, irrigation, municipal and industrial use, flood control, recreation, and electric power generation. (Discussed more in chapter 2.1, Water Use and Pricing.) Water Resources Investigations by the U.S. Geological Survey include monitoring and appraisals of the Nation's water resources to support Federal, State, and local government decisions on water development, management, and quality; and energy development. Wetlands Conservation includes obtaining real property interest in lands or waters, the restoration or enhancement of habitat, and training and development for wetlands management. (Discussed more in chapter 6.5, Wetlands Programs.) W PROGRAMS 6.2 Water Quality Programs Several approaches for protecting water quality have been developed at the Federal and State levels. These approaches use a variety of incentive mechanisms for reducing pollution discharges. Pollution from factories and other point sources is controlled through regulations and penalties. In contrast, policies and programs for reducing pollution from agriculture and other nonpoint sources are mostly based on voluntary approaches providing education, technical, and cost-sharing assistance. Contents • EPA Programs Affecting Agriculture. • State Programs • USDA Programs .. • Successful Water Quality Projects.. • Lessons Learned From Water Quality ater quality protection has a been a major component of U.S. environmental policy since the passage of the Federal Water Pollution Control Act of 1972 (known since as the Clean Water Act). Most of the focus of clean water legislation has been on point sources, primarily the discharge from factories and municipal sewage treatment plants. A technology- and performance-based regulatory approach has achieved substantial reductions in point source pollution. In recent years, attention has turned to nonpoint sources, primarily runoff from agricultural operations. Federal and State programs have been implemented to address agricultural source pollution. Federal water quality programs are administered by EPA and by USDA (see box, p. 271). Some EPA and State-administered programs require mandatory actions, while USDA programs are voluntary. Even with these efforts, many water quality problems remain (see chapter 2.2, Water Quality, for a discussion of water quality status and trends, and pollution from agriculture). 270 272 .. 274 ... 280 281 EPA Programs Affecting Agriculture While Federal water quality laws tend to focus on point sources, they do not ignore nonpoint sources. The primary Federal law, the Clean Water Act (CWA), addresses both point and nonpoint source pollution. Pollution from point sources is subject to both (1) technology-based controls, which consist of uniform, EPA-established standards of treatment that apply to certain industries and municipal sewage treatment facilities; and (2) water quality-based controls that invoke State water quality standards for receiving waters. These standards consist of designated uses to be made of the streams and the criteria necessary to protect those uses. Individual discharge requirements are based on the effluent quality needed to ensure compliance with the water quality standards. Most States are using the technology-based approach but some, such as Oregon, Idaho, and North Carolina, are trying the water-quality based approach in some watersheds. The individual effluent limits are enforced through the National Pollutant Discharge Elimination System (NPDES) permits. Large confined animal operations (over 1,000 animal units) fall under the NPDES Federal Water Quality Programs Affecting Agriculture in 1996 EPA-Administered Programs Clean Water Act Programs: Clean Lakes Program (Section 314) National Pollutant Discharge Elimination System (Section 402) Coastal Nonpoint Pollution Control Programs Regional Programs Safe Water Drinking Act Pesticide Programs Comprehensive State Ground-Water Protection Pro gram USDA-Administered Programs Agricultural Conservation Program (ACP): Water Quality Incentives Projects (WQIP) Conservation Technical Assistance (CTA) Program Water Quality Program (WQP): Research and development Education, technical, and financial assistance Farm Bill Programs (1985 and 1990): Great Plains Conservation Program Resource Conservation and Development Program system. Over 6,000 operations are large enough to require an NPDES permit. However, enforcement has been a problem, and many facilities lack permits (Westenbarger and Letson, 1995). Section 319 of the CWA calls for controls on nonpoint sources of pollution, including agriculture, but does not provide direct authorities to regulate these sources. The NPDES permit system is unsuited for nonpoint source pollution because discrete discharge points cannot be observed. Because of the diverse and site-specific nature of nonpoint source pollution, States are given primary responsibility. State and local governments develop nonpoint source control plans that can include regulatory measures but mostly emphasize voluntary actions. The Nonpoint Source Program, established by Section 319, authorizes grants to States for developing and promoting nonpoint source management plans. States have established a number of watershed projects under this program that involve many local, state, and Federal stakeholders. EPA's role is to provide program guidance, technical support, and limited funding. Through 1995, EPA has provided over $274 million in grants to such projects, of which $107 million was for agriculture. The Coastal Zone Management Act Reauthorization Amendments (CZARA) added important nonpoint source (NPS) water pollution requirements to the Coastal Zone Management Act. This is the first federally mandated program requiring specific measures to deal with agricultural nonpoint sources. CZARA requires that each State with an approved coastal zone management program submit to EPA and to the National Oceanic and Atmospheric Administration a program to "implement management measures for nonpoint source pollution to restore and protect coastal waters." A list of economically achievable measures for controlling agricultural NPS pollution is part of each State's management plan. States can first try voluntary incentive mechanisms, but must be able to enforce management measures if voluntary approaches fail. Implementation of plans is not required until 1999. In general, annual costs of CZARA management measures are estimated to be less than $5,000 per farm for most farm sizes. Exceptions are grazing management measures for larger farms in the West, and manure management measures on larger dairy farms (Heimlich and Barnard, 1995). The Safe Drinking Water Act (SDWA) requires the EPA to set standards for drinking-water quality and requirements for water treatment by public water systems. The SDWA authorized the Wellhead Protection Program in 1986 to protect supplies of ground water used as public drinking water from contamination by chemicals and other hazards, including pesticides, nutrients, and other agricultural chemicals. The program is based on the concept that land-use controls and other preventive measures can protect ground water. Currently, 43 States have an EPA-approved wellhead protection program. The Comprehensive State Ground Water Protection Program (CSGWPP), established in 1991, coordinates all Federal, State, tribal, and local programs that address groundwater quality. States have the primary role in designing and implementing CSGWPP's in accordance with local needs and conditions. EPA has approved programs in 5 States, and plans from an additional 13 States are under review. EPA also administers some multi-agency regional programs targeted at particular water bodies (fig. 6.2.1). EPA's National Estuary Program helps States to develop and carry out basin-side, comprehensive programs to conserve and manage their estuary resources (fig. 6.2.1). The Clean Lakes Program authorizes EPA grants to States for lake classification surveys, diagnostic/feasibility studies, and for projects to restore and protect lakes. State Programs Some 44 States have passed laws or instituted programs that either protect water quality directly, or indirectly by affecting some aspect of agricultural production that is associated with the generation of agricultural nonpoint source pollution (table 6.2.1). Some of these laws are in response to Federal laws such as the Clean Water Act. Others are in response to chronic problems such as nitrates or pesticides in ground water. States use a variety of approaches for addressing water quality problems: controls on inputs or practices, controls on land use, economic incentives, and education programs. Input controls are primarily directed at pesticides and nutrients. Most States require certification of pesticide applicators. Some States restrict where particular chemicals can be used, usually in response to observed groundwater problems. Nutrient management plans are required in 16 States, usually in areas affected by groundwater contamination. Figure 6.2.1--Estuary and regional programs for water quality, 1996 Estuaries of national significance: (1) Casco Bay, (2) Massachusetts Bay, (3) Buzzards Bay, (4) Narragansett Bay, (10) Albemarle-Pamlico Sound, (11) Indian River Lagoon, (12) Sarasota Bay, (13) Tampa Bay, (14) Barrataria-Terrebonne Estuary, (15) Galveston Bay, (16) Corpus Christi Bay, (17) Santa Monica Bay, (18) San Francisco Bay, (19) Tillamook Bay, (20) Puget Sound, (21) San Juan Bay (Puerto Rico, not pictured). Technical assistance provided by the Natural Resources Conservation Service. Source: USDA, ERS, based on Natural Resources Conservation Service information. Chemigation is banned or tightly controlled in 19 States. Practices for controlling soil erosion to address water quality problems are required in 18 States. In most, best management practices (BMP's) are required if a complaint is filed by a citizen or government agency. Some States require erosion control plans on cropland, but actual implementation of BMP's is contingent on the availability of cost-share funds. As animal operations become larger, more States are looking at ways of protecting environmental quality from animal waste. Large confined animal operations can present major water quality problems at the local level. Large operations (greater than 1,000 animal units) are subject to the NPDES point-source permits of the Clean Water Act. However, these permits address only storage of manure on the site, and not disposal. Pennsylvania is the first State to pass a comprehensive nutrient management law aimed at concentrated animal operations. Animal operations with over two animal units per acre of land available for spreading must have a farmlevel nutrient management plan that demonstrates that waste is being safely collected and disposed. An animal unit is defined as 1,000 pounds of live weight. Land-use laws that affect agriculture are being used by municipalities, counties, and other local governments. Land-use controls include zoning, land acquisition, and easements targeted to areas deemed critical for protecting water resources. Zoning ordinances are used in many areas, especially around the rural-urban fringe, to ban confined animal operations. Economic incentives for water quality primarily take the form of cost-sharing; 27 States have cost-share programs for soil conservation and other practices. Tax credits are used to a much lesser degree. (Many States have fertilizer taxes, which can be a negative incentive, but these are for revenue generation rather than environmental protection.) State water quality laws are often driven by court decisions brought about by citizen suit. For example, in hearing a citizen suit brought against a dairy operation in New York, the Second Circuit Court of Appeals made a ruling that could expand the point-source designation of concentrated animal feeding operations to cover all associated lands used for manure disposal (Martin, 1996). |