[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]




 
                                [ERRATA] 
                                
   HEARING FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE HONORABLE 
   MICHAEL REGAN, ADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY 

=======================================================================

                                HEARING

                               BEFORE THE

                        COMMITTEE ON AGRICULTURE
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                             APRIL 19, 2023

                               __________

                            Serial No. 118-7





[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





          Printed for the use of the Committee on Agriculture
                         agriculture.house.gov  
                         
                         
                         
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
54-329 PDF               WASHINGTON : 2023 
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
    The following prepared statement of Hon. Max L. Miller, a 
Representative in Congress from Ohio was omitted from the 
hearing. It follows herein:

Prepared Statement of Hon. Max L. Miller, a Representative in Congress 
                               from Ohio
    Federal regulations have a direct impact on Ohio farmers and 
ranchers and those throughout country. With a commitment by U.S. famers 
to ensure access to sound conservation practices and preservation of 
natural resources for future generations, many overreach actions by the 
U. S. Environmental Protection Agency (EPA) have caused instability, 
impacting our ability to viably produce food for our nation.
    This is seen in a host of EPA regulations including Waters of the 
U.S. (WOTUS) Rule, National Ambient Air Quality Standards for 
Particulate Matter, Endangered Species Act and others, for which I have 
heard concerns first-hand from Ohio farmers.
    The President recently vetoed a bipartisan/bicameral Congressional 
Resolution of Disapproval on the WOTUS Rule, which I cosponsored. The 
Administration's rule provides an unworkable test for jurisdiction of 
when the federal government regulates farms and ranchers, and creates 
uncertainty for agriculture as they work to sustain vital conservation 
resources.
    Two District Courts have now acknowledged the new rule likely 
oversteps EPA's authority under the Clean Water Act. With the rule now 
on hold in more than half the country--including in my home state of 
Ohio, EPA and the U.S. Army Corps should do the right thing by 
listening to our legitimate concerns and rewriting the rule. Farmers 
and ranchers in the remaining states are left with no clear way to 
determine where federal jurisdiction begins and ends on their own 
property.
    Clean water is important to all of us and farmers and ranchers 
certainly share the goal of caring for our natural resources--we depend 
on them for our livelihoods--all we're asking for is a sensible rule 
that farmers can interpret without hiring a team of lawyers.
    I have also heard strong concerns from producers in my state 
regarding reconsideration of the National Ambient Air Quality Standards 
for Particulate Matter Rule. Recently the Ohio Farm Bureau joined the 
American Farm Bureau Federation in comments on this proposed rule 
noting, ``We are all for clean air and believe the environment is in 
better shape than it was 50 years ago, but we must also balance 
additional regulation and its impacts on our industries and 
communities.''
    Their comments stated, ``EPA's reconsideration of the 2020 fine 
particles (PM2.5) standard comes at a time of ongoing 
improvements to air quality and the regulated community have 
successfully worked together to reduce emissions, resulting in a 37% 
improvement in related air quality since 2000.''
    Furthermore, Ohio farmers also weighed in regarding EPA's 
Endangered Species Act (ESA) Workplan Update: Nontarget Species 
Mitigation for Registration Review and Other FIFRA Actions. This 
followed EPA actions in early 2021 to abruptly remove access to 
critical crop protection tools--in the midst of planting season, with 
no alternatives available--only to be restored access months later 
causing major disruptions in crop plantings in my state and further 
complicating the food supply chain.
    The following actions were encouraged in the ESA rule to provide 
clarity and certainty:

   Enhance Farmer Input in Considering Mitigation Measure 
        Flexibility

   Deepen Collaboration and Consultation with Relevant Agencies

   Emphasize Voluntary Language in Pollinator Provisions

   Improve Timeline for Label Restriction Notifications

    Farm and ranch families manage and steward our natural resources 
while supplying the world with a safe and abundant food supply. EPA 
must carry out its role to review pesticide registrations in a timely 
and transparent manner based on sound scientific criteria, as well as 
addressing the historical challenges in its ability to carry out those 
statutory obligations under the ESA and the Federal Insecticide, 
Fungicide, and Rodenticide Act.
    I am heartened by efforts such as the Ohio Agriculture Conservation 
Initiative (OACI), a partnership in my state between agriculture, 
conservation, environmental and research communities to recognize 
farmers for their dedication to advancing methods that improve water 
quality in Ohio and increasing the number of farm best management 
practices.
    Agriculture producers in my congressional district are also taking 
important steps toward stewardship of our natural resources. This 
includes recognition of Wayne County Soil and Water Conservation 
District (SEWCD) Conservation Farm Award winners for key environmental 
conservation practices such as crop rotations, mulch tillage, strip 
cropping, subsurface drainage and grassed waterways, as well as dairy 
comprehensive nutrient management plans.
    Furthermore, H2Ohio is a comprehensive water quality initiative 
that is working to strategically address serious water issues impacting 
my state through the Ohio Department of Natural Resources, Ohio 
Department of Agriculture and Ohio Environmental Protection Agency. 
Additionally, we must recognize the important significance of 
safeguarding our water supply in the aftermath of the East Palestine 
train derailment impacting Ohio's citizens.
    Farmers commitment to the preservation of natural resources and 
maintaining the land for future generations must be fostered. I look 
forward to working through the Farm Bill process to ensure access to 
sound conservation practices well as more broadly in Congress to 
address regulatory challenges in agriculture and rural communities.