 
          October 27, 2015
        
        
          
            2015 Logan County Farm Outlook Magazine
          
        
        
          LINCOLN DAILY NEWS.COM    Page 19
        
        
          as water-soluble pesticides or fertilizers, carried
        
        
          by water downward through permeable soils.”
        
        
          The article also states, “In contrast to surface
        
        
          water, groundwater does not continually dilute the
        
        
          contaminants that reach it. Flushing a plume of
        
        
          contamination from groundwater may take many
        
        
          years.”  These contaminants could possibly move
        
        
          into major waterways.  Some say that nitrogen
        
        
          from fertilizer pollutes rivers, lakes, and oceans.
        
        
          Hoerbert said farmers are already working to
        
        
          manage water, nutrient, and pesticides even
        
        
          without this regulation.
        
        
          This Rule as written would mean that farmers
        
        
          may need to obtain National Pollutant Discharge
        
        
          Elimination System permits to apply pesticides
        
        
          and fertilizers around drainage areas because of
        
        
          the run-off.
        
        
          Hoerbert said that getting permits may mean that
        
        
          they could only spray on certain days, which
        
        
          may cause delays for farmers as they wait for the
        
        
          permits to be approved.
        
        
          The ability to use pesticides on livestock in
        
        
          timely fashion has also been cited by the industry
        
        
          as a concern.
        
        
          To provide a bit more background of what
        
        
          agriculture leaders have been fighting, here is an
        
        
          overview and update.
        
        
          The WOTUS rule adds clarification about what
        
        
          waters may be subject to the Environment
        
        
          Protection Agency’s authority.  According to
        
        
          Evansville, Indiana environmental law attorney,
        
        
          Monica Edwards, this rule “provide[s] clarity
        
        
          as to which waters are actually subject to the
        
        
          jurisdiction of the EPA pursuant to the Clean
        
        
          Water Act.”
        
        
          The American Farm Bureau Federation (AFBF)
        
        
          and the National Farmers Union (NFU) have
        
        
          spoken against the Rule citing areas and
        
        
          definitions as confusing and lacking in specificity.
        
        
          American Farm Bureau president, Bob Stallman,
        
        
          identified several ambiguities in the rule:
        
        
          “What is a ‘water of the U.S.’? Only the agencies
        
        
          can say, and their word is final. Under the new
        
        
          rule, just about any patch of land might be found
        
        
          to be ‘waters of the U.S.’ You don’t have to see
        
        
          water flowing there, or even spot signs of flow.”
        
        
          Stallman says the rule gives EPA and Corps
        
        
          (Army Corp of Engineers) the power to use
        
        
          remote “desktop tools” to identify and regulate a
        
        
          These two farm areas in north central Illinois utilize swales and grass ways to channel water to low
        
        
          areas and farm ponds.
        
        
          Continued