Friday 21 September 2018

Waterkeepers Chesapeake generally supports much of the Environmental Protection Agency’s (“EPA”) proposed definition of Waters of the United States under the Clean Water Act. We particularly support the strong scientific grounding in parts of the rule that identify categories of waters that are, by definition, waters of the U.S. or that have a “significant nexus” to waters of the U.S. Waterkeepers Chesapeake urges EPA to strengthen those definitions in accordance with comments from members of the EPA Science Advisory Board (“SAB”) and as detailed in our full comments. Waterkeepers Chesapeake is also, however, very concerned about EPA’s efforts to categorically exclude a large number of waters, often with little grounding in the science and law. Waterkeepers Chesapeake believes categorical exclusions are not dictated by the statute or the case law and are likely to lead to waters being subject to pollution that should be protected. In particular, EPA’s approach to groundwater is plainly not warranted by the science as demonstrated by the many comments on this point by individual members of the SAB. Finally, Waterkeepers Chesapeake objects to EPA continuing to allow mining and coal interests to use our precious water resources as dumping grounds for their wastes through the so-called “waste treatment” exclusion from waters protected by the Clean Water Act. 


Virginia has more than 100 large chicken and hog factory farm operations, but not one has a required federal Clean Water Act water pollution control permit that would reduce runoff into the Chesapeake Bay.

For Immediate Release:  September 18, 2014.

The Environmental Integrity Project, the Assateague Coastal Trust, Virginia Eastern Shorekeeper, Potomac Riverkeeper, Shenandoah Riverkeeper, and Waterkeepers Chesapeake petitioned the U.S. Environmental Protection Agency (EPA) yesterday to assume control over Virginia’s water pollution control program because of the Commonwealth’s failure to develop and implement a Clean Water Act permitting program for factory farms.

These large livestock enterprises often have thousands of chickens and hogs packed into what are called Confined Animal Feeding Operations (CAFOs). CAFOs produce hundreds of millions of pounds of manure that contribute significant amounts of nutrient runoff to the Chesapeake Bay and its tributaries.  In turn, the manure runoff causes dangerous algae blooms and creates dead zones in which aquatic life cannot survive.

“To restore the health of the Bay, EPA needs to enforce Clean Water Act requirements – on the books since 1972 – that require permits and pollution controls for big animal feeding operations,” said Eric V. Schaeffer, Executive Director of the Environmental Integrity Project.

Agriculture is the single largest source of nitrogen, phosphorus, and sediment pollution in the Chesapeake Bay, according to EPA.  In Virginia, farms contribute 15 million pounds per year of nitrogen pollution in the Bay, and 2 million pounds of phosphorus – with much of this problem coming from poultry operations on the Eastern Shore and in the Shenandoah Valley.  As of 2010, Virginia had approximately 898 animal feeding operations in the Chesapeake Bay watershed, 116 of which were large CAFOs, according to EPA.

The federal Clean Water Act requires that states issue water pollution control permits to all CAFOs that discharge pollution, but Virginia has not met this requirement.  Unlike Maryland, which has issued CAFO permits to most of its factory farms, Virginia has yet to issue a single federal permit.  Additionally, the permitting program that Virginia has proposed would allow the state to issue CAFO permits without state regulators or the public being able to review the full federally required nutrient management plans.  

 “Why would Virginia even permit the operations if they don’t even require the most important element for protecting the rivers and Bay—the nutrient management plan?” asks Jeff Kelble, Shenandoah Riverkeeper. “Furthermore, by not requiring the (full) nutrient management plans to be part of the permits, Virginia is depriving citizens of their basic right given to them by Congress under the Clean Water Act to know and comment on pollution that could affect their water.”

Kathy Phillips, Executive Director of the Assateague Coastal Trust, said: “From 2008 -2013 Accomack County, VA, on the Eastern Shore, approved a total of seven new poultry houses. However in just the first 7 months of 2014, a total of 32 new industrial sized poultry houses are planned, many of them sited in flood plains and close to waterways that drain to the Chesapeake Bay.  It is unsettling to see such a massive expansion of industrial factory poultry operations with discharges that are not adequately monitored through a proper Clean Water Act permitting program.”

Betsy Nicholas, Executive Director of Waterkeepers Chesapeake, said:  “Agriculture remains the single largest pollution source in the Chesapeake Bay. And we need to have our state agencies requiring controls on this sector if we are ever to achieve our goals of having drinkable, swimmable, fishable waterways.”



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