# EPA Office of Water and

Agriculture Mike Shapiro Deputy Assistant Administrator Office of Water March 13, 2008

# Outline  

# Agriculture impacts on water quality  

# Office of Water roles  

## Clean Water Act  

## Safe Drinking Water Act  

# Biofuels and water quality  

# Livestock  

# Communicating across the agriculture sector

# 2002 National Water Quality Inventory

“ § 305(b) Report”  

# Agriculture is leading known source of pollution to lakes and rivers nationwide
.  

## 37% of impaired rivers and streams  

## 30% of impaired lakes and reservoirs  

# Pollutants Sediment Habitat alterations Nutrients Pathogens Low dissolved oxygen Metals (mercury)**Good 28%** 

**Fa ir**  **25% Poor**  **42% No**  **t A ssessed**  **5%**

**Good Fa**  **ir Po**  **or No**  **t A ssessed**  

# 2006 Wadeable **Streams Assessment** 

• The WSA

found 28% of streams in good condition, compared to least- disturbed reference condition.

• Across the US 25 - 30% of streams have high levels of nutrients or excess sedimentation . **These streams**  **are tw ice**  **as likely to have poor biology**  . **Biological Condition of Streams (Index of Biotic Condition)** 

# Clean Water Act Goal

“

# to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters”

# Clean Water Act Framework

**Technology -**  **Based Approach**   Effluent limitation guidelines for industry and secondary treatment for POTWs **Water Quality -**  **Based Approach**  • EP A develops water quality criteria information • States and T

ribes develop water quality standards and criteria NPDES Permits Nonpoint Source Program Restoring Polluted W

aters - TMDLs Funding & T

echnical Assistance Wetlands Protection Wa tershed Approaches Set Standards

Implement Programs

# Point Source Permit Program  

## All point sources need a permit to discharge to waters of the U.S.  

## Point sources: discrete conveyances (e.g. pipe, ditch, or CAFOs)  

## Exempted  

### agricultural stormwater discharges  

### irrigation return flows.  

## Technology- based limits  

## Water quality- based limits

# Water Quality Standards  

## Goals and targets for each waterbody  

## Three parts  

### designated uses (i.e. recreation, drinking water, cold water fishery, irrigation)  

### numeric or narrative water quality criteria  

### antidegradation policy  

## Numeric water quality standards  

### quantitative targets to support trading  

### objective baselines to measure progress  

### easier and faster development of water quality- based permits, nutrient TMDLs.

# Total Maximum **Daily Loads**  

## Maximum amount of any pollutant from all sources that a waterbody can receive and still meet the water quality standards.  

## States must develop TMDLs for all waterbodies that are “impaired”.  

## Basis for strategies to improve and protect water quality.

# Nonpoint Source Program (**§ 319)** 
 

### Applies to non - regulated diffuse sources of pollution  

### States, tribes administer NPS management programs  

### EPA provides grants to states and tribes to:  

### Identify waters impaired or threatened by NPS, key categories of NPS, loadings  

### Implement programs to promote Best Management Practices– e.g., streambank fencing, buffer strips.  

### Monitor and evaluate - update program every 5 years

# Safe Drinking Water Act  

## National, enforceable standards for public drinking water supplies  

## Prevention of drinking water contamination  

## Source Water Protection Program  

### States assess threats to drinking water supplies  

### delineate areas that could contribute water and pollutants  

### conduct an inventory of potential sources of contamination  

### determine the susceptibility of the water supply to contamination.

# Water Quality Concerns from

**Biofuels**  

### Increased use of nutrients, pesticides  

### Increased erosion  

### Loss of habitat, soil carbon  

### Loss of corn/soybean rotations  

### Use of distillers’ grain for animal feed -- high P content  

### Increase runoff from marginal lands converted to corn production  

### USDA voluntary programs  

### Higher per acre costs and/or fewer participants.  

### EPA relies on USDA conservation programs to help agricultural producers address water quality.

# Livestock Concentrated Animal Feeding Operation (CAFO) Rule  

### Supplemental notice of proposed rulemaking  Voluntary CAFO certification that it does not discharge  Nutrient management plans: framework for incorporating rates of land applied manure  Plan implementation date remains: 2/27/09.  

### As many as 75% of CAFOs may still need NPDES permits. Other Livestock  

### CAFO rule = majority of the livestock manure, but minority of livestock operations  

### How do we work with the numerous smaller confined livestock and grazing operations that contribute to water quality problems?

# EPA Partnerships with USDA  

# Bimonthly meetings  

# CAFO rule development  

# Conservation Effects Assessment Program (CEAP)  

# Chesapeake Bay  

# USDA State Technical Committees  

# Watershed level

# Role of the Committee  What are the best ways to communicate with the diverse parts of the agriculture community?  How successful has EPA been in getting our message and information out to those disparate groups?  How can we encourage agricultural producers to become engaged in local watershed activities -- watershed plans, TMDL implementation, source water protection?  How can we work with producers to curtail the water quality impacts of corn production for biofuels in this era of high corn prices?  How can we provide farmers with science and information on the impacts of agricultural production on water quality?  What is needed to get producers to implement practices on the most vulnerable areas of their operations?  How can the agriculture community demonstrate progress in meeting water quality goals?