Letter to Stephen Johnson, Administrator, Environmental Protection Agency, Re: Additional State Permitting Authority

Letter

Jordan, Boehner Push For Additional State Permitting Authority

Congressman Jim Jordan (R-Urbana) joined House Republican Leader John Boehner (R-West Chester) in calling on the U.S. Environmental Protection Agency to decide whether to allow the Ohio Department of Agriculture (ODA) to issue federal permits for the state's large livestock and poultry farms.

Jordan and Boehner, who together represent the majority of Ohio's permitted livestock and poultry farms, said that the move would follow a successful precedent dating back several years.

"We had a comprehensive debate on permitting issues when I served in the state legislature," said Jordan. "Since taking over the installation and operation permitting process, ODA has done a fine job and proven its critics wrong."

Under state legislation signed in 2000, ODA applied to the U.S. EPA earlier this year for the authority to issue National Pollutant Discharge Elimination System (NPDES) permits to confined animal feeding operations.

The letter from the two lawmakers states that "despite EPA assurances that Ohio would receive a response within six months of its January 2007 filing, to date no official response has been offered."

"ODA has proven its ability to enforce the regulations and get the job done right. It's time for the U.S. EPA to proceed with its consideration of this application so we can move forward," Jordan concluded.

The text of the letter follows.

October 17, 2007

The Honorable Stephen L. Johnson
Administrator
United States Environmental Protection Agency
1200 Pennsylvania Avenue NW
Washington, DC 20460

Dear Administrator Johnson:

We are writing to request prompt action on an application filed by the Ohio Department of Agriculture (ODA) to issue National Pollutant Discharge Elimination System (NPDES) permits to confined animal feeding operations (CAFOs), as authorized by the Clean Water Act.

In 2000, legislation signed by Ohio's governor authorized the ODA to apply for authority to issue NPDES permits to CAFOs. As early as 2002, ODA initiated discussions with the EPA on this matter, coordinating efforts with the Ohio Environmental Protection Agency and the Ohio Department of Natural Resources. The ODA's application reflects the input of all three state agencies.

As you know, the Clean Water Act details the EPA's responsibility to approve or deny a state's NPDES permitting authority application based on that state's ability to implement the law. Accordingly, the State of Ohio submitted to your agency more than 1,600 pages of certified documents showing that ODA meets--and in many cases exceeds--the minimum legal requirements of the Clean Water Act for permitting authority. Despite EPA assurances that Ohio would receive a response within six months of its January 2007 filing, to date no official response has been offered.

Since August of 2002, ODA has overseen the issuance of CAFO installation and operation permits, providing clear and objective regulations to operators while preventing environmental problems from arising. In addition, the EPA has already authorized ODA to enforce federal pesticide law and other federal meat, dairy, and animal disease laws. ODA's experts are well-versed in all facets of agriculture and work well with local entities and individuals to guarantee the continued prosperity of Ohio's top industry.

As representatives of the two districts that contain the majority of Ohio's permitted livestock and poultry farms, we ask that the EPA proceed with a review of the ODA application in a timely and objective manner, consistent with all applicable rules and regulations governing your work.

Sincerely,

John A. Boehner
Member of Congress

Jim Jordan
Member of Congress

Source