Ag drainage systems need to remain intactEditor's note- Among the most worrisome challenges to farm drainage is the Environmental Protection Agency's attempt to regulate water in drainage ditches as though that water was the same as in a lake or stream. Following are excerpts of comments submitted by OFBF to explain our concerns to EPA as it draft new regulations to administer the federal Clean Water Act. Mr. Chris Skalski
Dear Mr. Skalski: The Ohio Farm Bureau Federation would like to thank you for the opportunity to review and submit interested party comments on the proposed draft amendments to the use designation rules of the Ohio Water Quality Standards. OFBF is the largest voluntary agricultural organization in the state of Ohio. Our members produce virtually every kind of agricultural commodity and as a result, OFBF is strongly interested in Ohio's Water Quality Standards program and the potential impact that use designation changes and additions may have on our members’ livelihood. The voluntary implementation of management practices by Ohio's agricultural producers is resulting in many positive impacts on air, soil and water quality. We encourage our members to continue to be good stewards of our natural resources. As per the published Public Notice, we have performed our review of the proposed draft amendments and offer the following general comments and concerns. 1. Existing agricultural drainage systems must remain intact and allowed to be maintained in the future. Agricultural drainage ditches play a vital role in maintaining Ohio's cropland drainage systems. Ohio's petition ditch laws create a public process for drainage channel construction and maintenance projects. The primary goal of Ohio ditch law is to keep the water flowing by constructing efficient ditch systems and ensuring that they are maintained and cleaned out when needed. When aquatic life use designations are proposed for agricultural drainage ditches, consideration must be given to why the ditches were created and to ensure that the proposed use allows for their continued long-term future maintenance. 2. Use attainability analyses must consider economic impact Many drainage ditches have been created in Ohio for the purpose of agricultural drainage and were placed under maintenance from their inception. The ability to continue this practice is paramount to the survival of Ohio agriculture. Consideration of the economic impact to Ohio agriculture resulting from a proposed use designation must be taken into account. 3. Appropriate aquatic life use must be assigned The Ohio Water Quality Standards establish stream use designations and water quality criteria protective of such uses for the surface waters of the state. Ohio EPA follows a structured scientific process to assess the factors affecting the attainment of the designated use that include physical, biological and chemical factors. Based on these criteria, the ability of a maintained drainage ditch to achieve the ability to support and maintain a balanced, integrated, adaptive community of warmwater aquatic organisms is next to zero. Agricultural drainage ditches, urban storm drains and roadside ditches should not be considered fishable/swimmable and should be assigned an appropriate aquatic life use designation based upon their primary purpose – conveyance of excess surface and subsurface water. 4. Adequate amount of data Proposed aquatic life use designation must be based on a use attainability analysis that has considered and evaluated multiple locations along the length of the water body. An assessment at only one location near the mouth does not necessarily represent conditions present throughout the entire length of the water body. 5. Downstream use designations should not negate existing upstream drainage maintenance. The ability for continued maintenance of agricultural drainage ditches should not be put in jeopardy when a downstream waterway is assigned an aquatic life use designation. Sincerely, John C. Fisher
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