ANR, Agriculture Agency work to align corrective action plan with EPA over farm discharges

The Agency of Natural Resources (ANR) told the Senate Natural Resources Committee that it will submit a revised corrective action plan to the U.S. Environmental Protection Agency to address alleged Clean Water Act violations tied to farm discharges, and that the agency is coordinating with the Agency of Agriculture to align legislative language in the committee bill with S.100.

Julie Moore, secretary of the Agency of Natural Resources, told the committee that the Conservation Law Foundation filed a petition with EPA in March 2022 and EPA spent roughly two years reviewing permit files and conducting inspections before asking parties to enter settlement discussions in summer 2024. Moore said EPA’s subsequent letter alleges ANR is not complying with the Clean Water Act and requires a corrective action plan (CAP).

Moore said ANR submitted an initial CAP in December and received two formal communications from EPA; the agency must provide a revised CAP with additional detail by March 18. “This appears to be headed in the right direction,” Moore said of EPA’s feedback, but she added EPA asked for more specificity on staffing, roles and responsibilities, and how ANR will determine whether a farm requires a CAFO permit.

The nut of the disagreement, committee members…