Ephemeral streams: To regulate or not to regulate

Ohio House Bill 175 proposes to remove the Ohio Environmental Protection Agency’s authority to regulate ephemeral streams. Supporters say the current regulations are an example of government overreach and opponents say the change could threaten Ohio’s drinking water supply and ecosystem.

I have mixed emotions. Regulations provide work for engineering firms like mine. So, one might assume a firm like mine would favor such regulations. We do not, however; it is far more satisfying to advance new projects than to spend time wading through regulations. Regulations slow progress. Complying costs time and money. We all pay those prices.

Surface mining is already regulated under Ohio’s Mining and Reclamation Act, and any construction activity is already regulated by Ohio EPA’S Construction Activity General Permit regulations. These existing regulations are designed to manage water runoff, reduce flooding and erosion, and minimize sediment contamination of streams. When there are multiple regulations aimed at protecting the environment from the same things, as is the case here, there are too many.

And, if the benefits to the environment and the general public are so great, then why are farmers exempted from the regulations? Farming is the source of most of today’s remaining stream health problems: phosphates, nitrogen and silt. It is said that “farmers don’t need regulations; they are the stewards of the land.” But are they all, really? Over the last 5-10 years in Ohio I have witnessed thousands of feet of farm ditches being denuded of trees and bushes (which were then burned in great piles). This was done because farmers were concerned that they would be covered by these same regulations that would now be undone by HB 175. But they needn’t have worried; once again, the farm lobbyists got them exempted. When faced with more costly choices that serve the environment but cost the farmer money and time, some farmers are not the best

“stewards of the land.” It is possible the farmer with the best-priced crops is also the worst “steward.”

All environmentally inclined farmers would benefit from some minimal regulations like these that industry has endured for the last 50 years. Without any environmental regulation, economics become one of the driving forces for the farmer’s choice of methods. Farmers are all in competition to produce economically reasonable crops and livestock. Economics is the same driving force that caused mining and industry in the “old days” to cut corners, even when it should have been obvious that some of those cut corners were adding up to a big mess.

Given that there are other regulations in place to require a developer to prevent flash flooding, provide rainwater storage, filter contaminants and provide habitat for aquatic animals, it is prudent to roll back the subject ephemeral regulations as so many other states are doing. HB 175 proposes to do just that.

A column on this topic from the Ohio Farm Bureau will appear tomorrow.