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■ It would extend the Nation' s water policy to include the 

 protection of groundwater. Any discharge of any pollutant 



(regulated or unregulated) into the ground or groundwaters is 

 treated as a discharge into "navigable" waters if three provisions 

 apply, and a groundwater discharge permit may be required. This 

 provision directs EPA, within one year of enactment, to publish 

 regulations providing guidance for effluent limitations for 

 discharges into the ground or groundwater. A test for inclusion is 

 provided. 



Problems: (a) no definition of "ground" or "groundwater" is 

 included, (b) it requires major state expenditures on groundwater 

 monitoring and protection, likely affecting fees, (c) it preempts 

 existing groundwater protection programs of states, (d) it could 

 federalize locally regulated chemigation/fertigation activities, 

 restrict land application of wastewaters, sludge or organic mulch 

 applications, (e) it could regulate class V injection wells such as 

 irrigation return drainage basins, (f) it could require set-backs 

 and buffer strips as part of the permit, affecting product use and 

 rates . 



■ This bill would also establish a national policy of pollution 

 prevention through source reduction whenever feasible . 



Problem: The provision discounts the importance of risk management 

 through proper use and exposure reduction. Instead, it focuses on 

 source reduction, which for pesticides means reduced use rates and 

 frequencies. This is problematic also because the interpretation 

 of this policy is left to EPA, the courts, and citizen groups who 

 could use the expanded citizen suits provisions to sue for 

 environmental damages. 



■ EPA must develop a list of acutely toxic, persistent, or 

 bioaccvimulative chemicals which pose a significant risk to human 

 health and the environment. A NAS study is required of these 

 chemicals to help determine what their risk is and what to do with 

 them. EPA is also required within 3 years to develop non-point 

 source criteria with respect to surface and groundwater quality. 



Problem: The NAS study is not warranted because the scientific 

 justification for such a study on reproductive effects is not 

 evident. Furthermore, the development of NPS criteria will be 

 difficult for EPA. Pesticides and nutrients likely will be 

 included and, pressed for time and resources, EPA will likely 

 require agribusiness to provide much of the necessary criteria- 

 development data. 



■ Antidegradation policies must be developed and implemented 

 statewide within 2 years for protecting existing designated uses 

 and sediment. If the quality of water and sediments is better than 

 "fishable and swimmable", then that level must be maintained even 

 if it's cleaner than needed to maintain the designated use. 

 Outstanding Natural Resource Waters are especially protected, 

 including national parks, wilderness areas, waters of exceptional 



