May 5, 2000

The Honorable James M. Seif
Secretary of Environmental Protection
16^th Floor, Rachel Carson State Office Building
P.O. Box 2063
Harrisburg, PA 17105-2063

Dear Secretary Seif:

The Department of Environmental Protection Agricultural Advisory Board is writing to express our concern about the Environmental Protection Agency’s (EPA) proposed changes to the total maximum daily load (TMDL) and point source discharge (NPDES) programs under the Clean Water Act. We believe the EPA proposal represents an unnecessary and precipitous step toward federal control of non-point water pollution, and, therefore, direct federal control of land use. Authority over non-point source pollution has historically resided with state governments and has been recognized that way by Congress. The EPA proposal dictates to state and local governments how they address an environmental problem that can only be solved by local and regional initiatives.

This EPA proposal is also inconsistent with President Clinton’s own Clean Water Action Plan, announced in February 1998. In recent testimony before the House Water Resources and Environmental Subcommittee, U.S. Department of Agriculture (USDA) under Secretary James Lyons said the action plan emphasizes research, education, and government assistance as ways to address water quality. PA has taken such an approach. In fact, EPA has commended the Commonwealth for its recently updated non-point source management program such as the nutrient management manual and our 102 conservation practices, built on education, voluntary initiatives and state regulations.

Mr. Secretary, we do not believe that EPA has the legal authority to expand its regulatory powers over traditional non-point sources or the sufficient technical basis to propose TMDL’s as the solution for all remaining water quality problems. The most prudent course of action would be for the agency to withdraw the proposed rulemaking, at least until its costs and benefits can be more accurately determined. As your Agricultural Advisory Board, we are requesting that you write to EPA administrator Carol M. Browner, and voice the Commonwealth’s discontent with the proposed TMDL regulations.

Thank you for your consideration in this matter.