LOUISIANA DEPARTMENT Of AGRIcuLTuRE & FoREsTRY 

### Miiu Srju1N DVM

Mr. Mathy Stanislaus Assistant Administrator Office of Solid Waste and Emergency Response (OSWER) USEPA He&iquarters Ariel Rios Building 1200 Pennsylvania Avenue, NW Mail Code: 5101T Washington, DC 20460

The Louisiana Department of Agriculture and Forestry respectfully requests an extension of the November 10, 2011 deadline for on-farm implementation of the Oil Spill Prevention, Control and Countermeasures Program (SPCC). Furthermore, I request that you reconsider implementing these measures as they will cause severe economic hardships to Louisiana farmers who have already suffered tremendous losses from both flooding as well as drought.

Agriculture is the largest sector of our state's economy. Agriculture, forestry and aquaculture comprise over 85 percent of the surface area of this state, 9,7 percent of our work force, and over 243,000 jobs. Valued at more than $30 billion, agriculture and forestxy combined make up one of Louisiana's largest and most economically dependent industries. If Louisiana is forced to comply with these actions, we are certain that many in Louisiana's agriculture community cannot meet these standards without the implementation of costly engineering plans.

Louisiana agriculture and forestry has been very proactive in addressing environmental concerns. Scientifically based best management practices (BMPs) have been developed and recommendations to address on-farm fuel storage are a major component. These practices are being implemented through the Louisiana Master Farmer Program. These practices are targeted at reducing the generation and delivery of pollutants into the air and waters of the state. Our Louisiana Master Farmer Program is firmly rooted in state law, is backed by sound science and is a critical component of Louisiana's overall water resource management programs.

Additionally, extreme losses have been incurred by our farmers and ranchers subsequent to this year's droughts and excessive rains. In Louisiana, since last year, our farmers and ranchers have lost over $300 million dollars in production. These losses follow only one year after our state incurred over $1 billion in losses due to tropical storm Faye, and Hurricanes Gustav and Ike. The disaster conditions severely impacted planting schedules and already limited farm budgets, and our farmers were not in a financial position to implement the SPCC plans.

Post Office Box 631 5825 For)da Blvd. Baton Rouge. Louisiana 70821 -0631 Telephone 225) 922-1234 Fax i225 922 1253 www.ldf 5i.o'Mr. Stanislaus

August 11,2011 Page 2

Due to the extraordinary nature of the effects of natural disasters on our state's agriculture producers, we respectfully ask that you reconsider implementation of the final SPCC rule. We stand ready to assist in addressing environmental concerns in Louisiana; however we feel that: 1) Louisiana should be allowed to exercise the authority to develop its own standards and implement them through an approved and predictable process governed by existing state law, 2) decisions should be based on good science, 3) efforts are sensitive to economic costs toproducers, and 4) consideration be given to the overall impact to the economic health of farmbased communities where agriculture is the economic base of these communities.

In addition to the weather and economic challenges mentioned above a, Louisiana's agriculture industry is ill-equipped to implement the rule as sufficient guidance from EPA has not been provided as requested. Growers do not have dedicated environmental compliance officers that monitor EPA rules and regulations. Additionally, an extensive effort to identify professional engineers familiar with the SPCC rule AND willing to assist agriculture in its implementation yielded minimal to no results. Without such professionals, growers and landowners do not have the expertise to decipher this onerous unfunded EPA mandate.

Due to EPA's failure to provide and disseminate adequate guidance regarding this rule growers, who are now focused on harvesting their crops through October, will not have enough time to meet the EPA deadline.

Therefore we reiterate our request you reconsider implementing these measures or at the minimum the SPCC compliance date be extended until at least December 31, 2012 or preferably for 24 months.

Finally, in addition to the compliance date extension we request that EPA provide and disseminate to the agriculture and professional engineering community the needed guidance on the rule to ensure that our state is equipped to meet the requirements of the mandate.

Thank you for your thoughtful consideration of this request.

Mike Strain DVM Commissioner