OKLAHOMA
FARMERS
UNION
"The Voice of Family Farmers since 1905"
December 22, 1998
Brian C. Griffin
Secretary of Environment
State of Oklahoma
3800 North Classen Boulevard
Oklahoma City, Oklahoma 73118
Re:305(b) Report
Dear Mr. Secretary:
Oklahoma Farmers Union appreciates the opportunity to comment on this very important document. The memo from Christy Day, DEQ asked that comments be referred to the agency responsible. Our comments refer to the overall document as it relates to all reference agencies. OFU and its 113,000 members request that you give full consideration to our comments and include changes in the document where appropriate.
Part I:
Page 4 - Major factors affecting overall use support:
Additional items should be included,
Permitted municipal discharges, out of state contributions. and seasonal or year- long wildlife impacts.
Page 5- TMDL
Within the TMDL process, state law mandates that all agencies be part of the TMDL process. In paragraph two, the reference is that only DEQ and the municipality is responsible for a TMDL.
Part II.
Page 13 - Water Pollution Control Programs
The first paragraph gives the indication that point sources are being reduced and nothing is going on in non-point pollution control. This should be rephrased to say: "We continue to have success in reducing pollutants from point and non-point sources of water quality impacts."
Page 19 - There should be a paragraph or two from the ODWC concerning migratory water fowl impacts on non-point program. We believe there could be dramatic impacts to some water bodies and stream segments by waterfowl particularly for fecal coliform and nutrients. Also, the expanded deer, feral hog, and fur bearer species population has had an impact on some water bodies in the state.
Page 25 - Special State Concerns and Recommendations
When non-point source is referenced there is an immediate connotation to agriculture impacts. Because of many different land uses in Oklahoma non-point source concerns can be an easy target. Permitted discharges and oil and gas activity are other sources of pollutants entering our streams and lakes. Many different agricultural BMP's have been implemented that have water quality benefits. This area should be reworded to say: Permitted discharges and non-point source water quality concerns combined to impact the total water quality picture."
In the last paragraph this is not completely true. Nutrients from permitted discharges have not been addressed and should be part of the overall TMDL process.
Part III:
Page 26 - Rewording of paragraph three should include: Non-point water quality programs have enhanced and improved the state waters over the past 15 years through implementation of BMP's on a voluntary basis.
Page 27 - Second paragraph - This is not entirely true. Points sources have made very minimal strides in reducing nutrient impacts to the states waters. Reword to say: While some strides have been made in points sources, much is yet to be accomplished concerning nutrients. Non-point sources have been reduced with the 319 and state funded cost-share program. There also should be some reference to the Non-Point Source Working Group that has authority under state law.
Page 29 - There should be some reference to this first paragraph concerning this OWQMC re-looking at the 303d list and refining or deleting some stream segments that are on the list.
Page 31 - Water Quality Standards - third sentence should be rephrased: "Permits for point sources and a voluntary approach to non-point sources . .
Page 35 - Aquatic Life Use Support
This part should be changed to reflect the agencies current methods of aquatic health.
Page 41 - The whole discussion of the TMDL process is directed to points sources and their permitted limits. This leads me to believe that non-point system will receive the brunt of the compliance in the process. A true TMDL will look at all the sources within a watershed or stream segment and determine to total loading not just one or the other. If modeling is done, there should be a set percent of ground truthing before the total model is run.
Page 42 - The discussion of inaccuracies and less than professional judgment concerning the 303(d) list of waterbodies deserves to be placed here or somewhere in the document. It should be pointed out that there are several sources codes that are left out:
(1) Out-of-State Discharges Code,
(2) Wildlife Impact Code,
(3) Permitted Municipal and Industrial Discharge Code.
Page 47 - In the second paragraph 'the example"' - This is just one more reference to agriculture that should not be made. If you want to give an example of nitrate, it should be reworded to: "For example, if the cause of pollution was from nitrates, the sources may be by humans from municipalities or septic systems, storm water run off from municipalities, commercial fertilizers for yards or crop and animal fertilizers used in a sustainable manner.
Also, down the page concerning leading causes - Pesticides-
The pesticides that are mostly referenced are Chlordane and DDT. These two pesticides have been banned for numerous years; however, they have a very long life particularly in the sediment of streams and lakes. It should be noted in the report that these pesticides are not being used in agriculture.
Page 49 - This table does not show any Industrial, Municipal, or Domestic Sources; however, in the report on permitted discharges, there are numerous untreated and treated discharges and de-watering that amount to millions of gallons of bacteria and nutrient laden water.
Page 55 - 'For example" needs to be reworded to: 'For example, if the cause of pollution was from nitrates, the sources may be by humans from municipalities or septic systems, storm water run off from municipalities, commercial fertilizers for yards or crops and animal fertilizer used in a sustainable manner.
Also, the reference to pesticides should be quantified of what pesticides.
Page 57 - Under minor sources, there is no reference to Industrial, Municipa1 or Domestic sources even though the permitted discharges are a significant portion of water quality impacts.
Page 69 - Impairments - The non-point source gives a connotation of agriculture when there are many different discharges from septic system, oil and gas, and municipal storm water discharges.
Page 73 - Restoration Efforts - Paragraph three - Nutrients control is very expensive for point and non-point control. Agriculture is told, even if funds aren't available, you must control them. There should be a statement that:
"Upgrading of wastewater treatment plant for nutrients will become more important in the near future."
Page 74 - There is no reference to the Phase I, II, or III, Pauls Valley Lake project that was very effective in restoring the health to the lake.
Page 79 - Chart on Water Quality Concerns: Agriculture is listed: however. in many of the lakes there are multiple sources of water contaminants other than agriculture, i.e., Canton - municipalities and oil and gas activities upstream, Fort Supply - multipal flows, and Texoma - municipal oil and gas, salt water, industrial and out of state discharges.
Part IV:
Page 104 - Second paragraph, second sentence needs to be reworded 'as it relates to impacts of surface and sub surface activities on groundwater quality." Here again, this is a connotation that agriculture is the major source.
Appendix:
Page 125 - Referring to the number of fish and wildlife kill there are numerous oil and gas reasons for the kills. However, in the document there is lack of finger pointing to these causes of water pollution.
Page 167 - In the 303(d) list, there are no source codes for
(1) Permitted Industrial and Municipal Discharges
(2) Out of State Discharges,
(3) Wildlife impacts - whether seasonal or increase populations.
Oklahoma Farmers Union appreciates DEQ and other state agencies allowing public comment on the 305(b) report. We are finding that the importance of this document to state policies and national policies is very dramatic. We strongly recommend the inclusion of our comments into the final 305(b) report.
Sincerely,
Mason Mungle,
Farm and Rural Programs Manager
cc: Senator James Inhofe
Senator Don Nickles
Congressman Tom Coburn
Congressman Ernest Istook
Congressman Frank Lucas
Congressman Wes Watkins
Congressman J.C Watts
Senator Bruce Price
Representative Joe Hutchison
Christy Day, DEQ
Jack Ferguson, EPA, Region C
Bill Hathaway, EPA, Region C
Dennis Howard, ODA
Duane Smith, OWPB
Mike Thralls, OCC
6200 Northwest Second - Oklahoma City OK 73127 - (405) 789-5666
Mailing Address: P0 Box 24000 Oklahoma City OK 73124