Spring 2016 Logan County
Farm Outlook Magazine

WOTUS - to 'What, us?'
By Jan Youngquist

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[April 01, 2016]  Regulations, they are a little like taxes. No one likes them, but you learn to manage with them. With taxes, people who prepare all year simply sail through it when taxes are due. But there are those other people who wait until tax day is here to prepare. You can see their personality change, like dooms day is coming.

Farming is already packed with regulations, but last year's passage of the Waters of the United States Rule (WOTUS) raised greater concerns for the agriculture industry.

The passage of the Rule put a new tool in the hands of the EPA that broadens its scope of jurisdiction, virtually enabling the agency to monitor and regulate water and contaminates that flow off of any property and makes its way into our waterways. In the Rule's non-specificities and broad definitions, nearly all land and any water runoff is under regulation.

Review

1948 - Federal Water Pollution Control Act enacted to protect waterways from pollutants.

1972 - Clean Water Act (CWA) significantly reorganized and expanded to regulate discharges of pollutants into the waters and regulate quality standards for surface waters.

2014 - Proposed Waters of the United States Rule (WOTUS) published in the Federal Register Monday, April 21; 90-day public comment period extended to October 20, 2014.

August 28, 2015 - WOTUS signed.

Oct 9, 2015 - Sixth Circuit Court of Appeals of the United States issues a 'stay' for all of the U.S. on WOTUS Rule until it could be examined further.

January 2016 - President vetoes opposition to WOTUS.

February 2016

  • The Sixth Circuit claims jurisdiction and bundles 22 challenges to WOTUS filed by numerous states and interest groups. Outcome pending.
  • Senate vote fails to override presidential veto; WOTUS stands.

The EPA's first order of business with the Rule in hand has been to address silt and nutrient levels accumulating in major watersheds. The Chesapeake Bay Watershed has become a model and that work is well underway at this time.

In the broadest view, the Rule gives the EPA power over every major waterway leading to a watershed.

In the narrowest context, the agency now has jurisdiction over farms and other land-use throughout the states as every drop of water can now be back tracked through every tributary to every parcel of land, even taking into account dry land (fields) and the flow of water as it runs off the surface to ditches or through drainage tiles - that lead to a tributary - that leads to waterways - that leads to a watershed.

It is estimated that agriculture contributes 80 percent of the nitrogen and 48 percent of the phosphorous reaching Illinois waterways.

Basins cover almost 75 percent of Illinois and there are there are 18 major watersheds. Nutrients washed down the Mississippi River end up in the Gulf of Mexico.


Agricultural sources fall into the category nonpoint source, defined as pollution that generally results from land runoff, precipitation, atmospheric deposition, drainage, seepage or hydrologic modification. Nonpoint source (NPS) pollution, unlike pollution from industrial and sewage treatment plants, comes from many diffuse sources. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters and ground waters.]

Representatives from agencies and non-governmental organizations, industry, universities, agriculture, wastewater treatment from state and federal levels, worked together to develop the Illinois Nutrient Loss Reduction Strategy (NRLS) with a goal aimed to reduce nitrogen and phosphorus losses by 45 percent.

Monitoring station sites have been chosen and data collected will be used to establish baseline information, then to monitor nutrient load limits, trends and anticipated improvements.

What this means for central Illinois farmers is that you now need to become even more savvy in your production methods. Those who are always conscientious about environmental impacts and have been practicing conservation methods for years are well ahead of the curve. For those who have not been paying attention, you probably dread tax day too, and that day is here, well almost.

But don't worry, you will find many resources, including your fellow farmer that have been striving at conservation practices and can help you get there quickly. Any direction you turn today, you will find farm managers and crop advisors who are current in Best Management Practices (BMP's,) 4 R's and other strategies.

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The good news, and there is an up side: once you sort out the stewardship practices best suited to your operations, many of these practices will lead to reduced fertilizer costs and cover crops that may even provide income and other benefits for a better bottom line.

Recommendations and options for better efficacy of fertilizers, and reduction of soil and nutrient losses in crop production:

  • Get soil samples to determine specific soil needs
  • Add soil amendments that make nutrients more effective
  • GPS guided applications allow targeted, variable rate applications
  • Other variable rate technology that places nutrients more where needed
  • Precision application tools that place nutrients closest to plant roots
  • Split timing applies fertilizers in smaller amounts, at times when most useful - less chance of wash away, less amount needed, more beneficial to the plants
  • Strip- or no-tillage holds soil, nutrients and moisture
  • Double crop, add a winter cover crop - captures, holds and returns nutrients to soil, particularly deep phosphorus; improves organic matter and moisture content, may even provide a secondary crop for livestock feed or profit
  • Increase edge of field practices, buffer strips, wetlands, bioreactors that capture and reduce nutrient loss
  • Consistent record keeping

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It will require a combination of these actions to reach a level of conservation that might achieve the water environmental goals now set before the Illinois farmer.

If you haven't done it yet, today is a great day to begin planning. If you are not there yet, there are plenty of people around you ready to lend a hand.


Northwestern Illinois farm. Photo by Peddhapati

Resources and references:

The Fertilizer Institute 4R's - Right source rate, time, place http://www.nutrientstewardship.
com/what-are-4rs/4r-principles

Illinois Nutrient Reduction Loss Plan http://www.epa.illinois.gov/topics/water-quality/watershed-management/excess-nutrients/nutrient-loss-reduction-strategy/index 

Illinois Stewardship Alliance
www.ilstewards.org/

Illinois Farm Bureau
www.ilfb.org/

College of Agricultural, Consumer and Environmental Sciences
http://aces.illinois.edu/

National Corn Growers Association
http://www.ncga.com

American Soybean Association https://soygrowers.com/

Chesapeake Bay Watershed http://www.chesapeakebay.net/
discover/baywatershed

The Final Clean Water Rule (WOTUS) http://www2.epa.gov/sites/production/files/2015-05/documents/fact_sheet_agriculture_final.pdf

 

 

Read all the articles in our new
Spring 2016 Logan County
Farm Outlook Magazine

Title
CLICK ON TITLES TO GO TO PAGES
Page
Spring 2016 Ag Perspective 4
Predicted decline of local farm economy 7
Will 2016 see the effects of El Nino end and La Nina begin? 14
What is going on in farmland sales? 17
Input sector continues to take a hit 20
How equipment dealers might weather the decline 24
WOTUS - to 'What, us?' 29
'Ag in the Classroom' and 'Teen Teachers' raising awareness of our life dependency on agriculture 35
2015 County Crop Yields Released 42

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