EPA and Agriculture: A New Era of Partnership NACD Summer Board Meeting July 21, Ellen Gilinsky Senior Policy Advisor Office of Water, US EPA

EPA and Agriculture 1.Waters of the U.S. 2.Building Partnerships to Protect Water 3.Reducing Excess Nutrient Runoff and the Hypoxia Task Force 2

The objective of the Clean Water Act is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters” 3

4

5

Protection Seasonal & rain- dependent streams Wetlands with surface connection Year-round streams Rivers Wetlands in floodplain Floodplains themselves are NOT jurisdictional “Other waters” evaluated CASE BY CASE 6

7

What the Rule Does NOT Do Does NOT protect any new types of waters Does NOT broaden historical coverage of the Clean Water Act Does NOT remove any exemption or exclusion for agriculture Does NOT regulate groundwater, including tile drains Does NOT expand regulation of ditches 8

What the Rule Does NOT Do Does NOT change permitting requirements for any farming activities Does NOT change the exemption for farm stock ponds Does NOT regulate water-filled areas & erosional features on crop fields Does NOT regulate land or land use Does NOT regulate floodplains 9

The Facts About Ditches Ditches that are IN are those that are essentially human-altered streams, which feed the health and quality of larger downstream waters. The agencies have always regulated these types of ditches. Ditches that are OUT are those that are dug in dry lands and don’t flow all the time, and ditches that don’t flow into a jurisdictional water. 10

All Exemptions and Exclusions Preserved Normal farming, silviculture, and ranching practices. Upland soil & water conservation practices. Agricultural stormwater discharges. Return flows from irrigated agriculture. Construction/maintenance of farm or stock ponds or irrigation ditches on dry land. Maintenance of drainage ditches. Construction or maintenance of farm, forest, and temporary mining roads. Artificially irrigated areas that would revert to upland if irrigation stops. 11

All Exemptions and Exclusions Preserved Artificial lakes or ponds created by excavating and/or diking dry land and used for purposes such purposes as rice growing, stock watering or irrigation. Artificial ornamental waters created for primarily aesthetic reasons. Water-filled depressions created as a result of construction activity. Pits excavated in upland for fill, sand, or gravel. Prior converted cropland. Waste treatment systems (including treatment ponds and lagoons). 12

Permit not needed for the specific NRCS practices 13

Building Partnerships NACD and EPA have a common goal of improved water quality 14

Building Partnerships Smithsonian Waterways Initiative Farmer Heroes EPA’s Section 319 Program Source Water Protection State Nutrient Reduction Strategies 15

Partnerships: 319 Program – Conservation Districts are vital partners in improving water quality – Of the over 500 waterways improved through nonpoint source projects, conservation districts played a role in nearly half (46%) – Conservation District roles include Watershed project coordinator Technical assistance and outreach to landowners Liaison between water quality agency and local CDs Participate in state or local project advisory committees 16

Partnerships: Source Water Protection EPA, NRCS, and NACD share: – Common goals to protect and improve water quality and soil health, which is key to protecting water quality – A desire for a voluntary approach to engaging producer participation. Many conservation districts are partnering with others to protect drinking water sources. Examples include: – Iowa: the Plymouth County SWCD participated in a project that resulted in a 40% nitrate reduction in one of the town’s drinking water wells. – Pennsylvania: the Berks County CD partnered with the Schuylkill Action Network on projects to protect drinking water sources. For other examples: 17

Working with States on Nutrient Reduction Strategies Since 2011, EPA has worked with states as they are developing and implementing state strategies to reduce nutrient runoff. EPA: – Is committed to partnerships with states and collaboration with stakeholders for state-led approaches – Recognizes states need room to innovate and respond to local water quality needs – Encourages close cooperation between the state environmental and agricultural agencies – Supports states in developing nutrient strategies by providing technical assistance 18

Hypoxia Task Force Members 19 US Department of Agriculture US Environmental Protection Agency US Army Corps of Engineers US Geological Survey National Oceanic and Atmospheric Administration National Tribal Water Council 5 Federal Agencies and Tribes: 12 State Agencies: Arkansas Missouri Iowa Tennessee Minnesota Indiana Ohio Louisiana Illinois Mississippi Kentucky Wisconsin Each state is represented by either: Agriculture agency, Environment (pollution control) agency, or Natural Resources agency Mississippi River Basin HTF States

Task Force Efforts Focus On Monitoring and modeling to help demonstrate progress Research on the impacts and relationship between nutrients and hypoxia Targeting of conservation practices and economic analyses of benefits Development of technical tools to help producers make decisions Expanding outreach and partnerships with organizations 20

21 Partnerships in Priority Watersheds

Thank You! 22