RICHARD BELL

SECRETARY OF AGRICULTURE PHor: 501-683-4851 FAX: 501-683-4852 

### ARKANSAS AGRICULTURE DEPARTMENT

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

Dear Mr. Stanislaus:

The Arkansas Agriculture Department respectfully requests an extension of the November 10, 2011 deadline for on-farm implementation of the Oil Spill Prevention, Control and Countermeasures Program (SPCC). The record flooding in Arkansas earlier this spring has prevented producers from implementing SPCC requirements as intended.

Record rainfall within the state and the historic levels of the Mississippi River during the spring of 2011 caused unprecedented flooding of farms and communities in Arkansas. As of April 1, 2011, every county in Arkansas had received a Presidential Disaster Declaration. USDA officials indicate it is highly likely every county will receive a disaster declaration by the Secretary of Agriculture also. If so, 2011 will be the second year the entire state has received both types of disaster declarations for extreme weather conditions.

The disaster conditions wreaked havoc on planting schedules and farm budgets, and farmers simply did not have the time or money to implement SPCC plans. When EPA updated the SPCC Farmers Fact Sheet in March and issued the SPCC Plan Template in April, weather conditions prevented farmers from conducting any SPCC site preparation or equipment installation. By the time weather conditions improved sufficiently and flood waters receded, farmers had to focus solely on getting crops planted within the narrow window of opportunity that remained.

These weather challenges were compounded by two additional issues: (1) farmers were not provided the promised educational assistance; and (2) a lack of professional engineers in Arkansas who understand agriculture operations sufficiently to develop workable plans in a timely manner. Farmers were informed that instructional meetings would be held to explain the program and answer questions. As explained above, the only assistance provided was a fact sheet and a plan template issued in April. Many farmers were not aware of either tool and both came too late to be helpful in meeting the November deadline.These weather challenges were compounded by two additional issues: (1) farmers

were not provided the promised educational assistance; and (2) a lack of professional engineers in Arkansas who understand agriculture operations sufficiently to develop workable plans in a timely manner. Farmers were informed that instructional meetings would be held to explain the program and answer questions. As explained above, the only assistance provided was a fact sheet and a plan template issued in April. Many farmers were not aware of either tool and both came too late to be helpful in meeting the November deadline.

Professional engineers in Arkansas historically have done little work on farms and few are familiar with the SPCC program. They need additional time and education to adequately meet SPCC program requirements also.

Arkansas producers want to fully and correctly comply with SPCC regulations but need adequate time to do so. An additional 24 months to implement SPCC plans would provide producers time to recover financially from the impacts of the extreme weather conditions, find qualified engineers, and install the proper equipment. I would appreciate your consideration of this request.

Richard Bell Secretary of Agriculture State of Arkansas

Cc: Lawrence Elworth, Agricultural Advisorz U)

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