By Agriculture Secretary Anson Tebbetts and Natural Resources Secretary Julie Moore
An Open Letter to the Vermont Farm Community:
We are reaching out to share some additional information regarding likely changes to water quality regulation on farms. As you may have heard, the federal Environmental Protection Agency (EPA) has directed Vermont to shift certain permits currently issued to farms by the Agency of Agriculture, Food & Markets (AAFM) to having similar permits issued by the Agency of Natural Resources (ANR). EPA has determined that this change is important to ensuring that Vermont is fulfilling its obligations under the federal Clean Water Act.
While this change ultimately will have little impact on the continuity of farm operations, we – AAFM and ANR – would like to provide clarity on how this change came about and how we will ensure farmers are kept in the loop on changes to permits and regulations going forward.
As you may be aware, the Conservation Law Foundation petitioned EPA in 2022 over concerns about the regulation of water quality on farms. Since then, the EPA has conducted its own investigation and analysis of agricultural water quality in Vermont. This September, the EPA responded to the petition with a summary of its findings, which found that ANR was not fulfilling its obligations under the federal Clean Water Act.
Specifically, EPA identified that ANR needed to take a larger role in conducting routine farm inspections, reviewing nutrient management plans, and issuing permits to any farms found to be discharging.
EPA has directed ANR to prepare a corrective action plan, a draft of which needs to be submitted to EPA in December of this year. We are working across our agencies to develop an approach that’s responsive to EPA’s concerns while providing continuity for Vermont farms and being mindful of the importance of providing regulatory clarity. We will keep the agriculture community informed of this work as it goes forward, including sharing a draft of the plan when it’s submitted to EPA this December.
We understand that this change may create uncertainty for you and your business, but please know AAFM and ANR are committed to working together make sure any necessary change is as smooth and straightforward as possible. The State’s options are limited, but we are dedicated to finding a path forward with EPA that doesn’t duplicate or complicate permitting requirements and ensures Vermont farms continue to thrive.
We hope this helps clear up some of the uncertainty around this issue. Please don’t hesitate to reach out to either of us with any remaining questions or concerns you may have.
Sincerely,
Julie Moore, Secretary, Agency of Natural Resources
Anson Tebbetts
Secretary, Agency of Agriculture, Food & Markets