The proposed regulations unlawfully regulate pollution as well as pollutants. The proposed regulations allow EPA to designate nonpoint sources as point sources. The proposed regulations unlawfully allow EPA to designate nonpoint sources as point sources. They propose to regulate nonpoint sources, private forestry and livestock activities for such practices as harvesting, site-preparation, road construction, thinning, prescribed burning, pest and fire control, land application of organic nutrients and nutrient utilization plans by requiring landowners to obtain point source discharge permits for these land use activities. This proposed action is an unjustifiable expansion of the agency's authority, constitutes significant federal intrusion into private activities and overrides state and private control of land-use decisions.
Agriculture is willing to be a part of reasonable and lawful water quality management programs.
Farmers and ranchers are determined to halt EPA's unlawful regulation of nonpoint sources through the TMDL program. Despite our belief that EPA's actions are beyond statutory authority, agriculture is working at every level to ensure that farmers and ranchers are up to speed on water quality standards and monitoring programs. Farmers and ranchers are engaged in activities and practices to improve and protect water quality. Conservation tillage practices are being used on more than 60 percent of our nations' farmland, saving hundreds of millions of tons of topsoil annually. Over 600,000 miles of conservation buffers have been installed on farms.