[5]
Regulatory Update
By Oregonians for Food and Shelter [6],
After a seven month rulemaking process, the Oregon Department of Agriculture has opened a public comment period for new rules governing agricultural activities in the Lower Umatilla Basin Groundwater Management Area (LUBGWMA). The proposed rules will require significant changes for producers in the region, including soil testing for nitrate prior to nitrogen applications and irrigation management measures. Additionally, all producers farming more than 500 acres in the region will be required to develop and evaluate annual nitrogen plans.
OFS has participated in the rulemaking process from the beginning and has seen many positive changes made to the rules. However, we still have concerns about a few aspects, including a component that requires deep soil testing for nitrates every five years in order to evaluate trends in the region and make inferences about the impacts of agriculture and the success of the new rules. Given that science is lacking with respect to interpreting deep soil nitrate levels, this requirement is misguided and cannot meet the stated intent. Despite that, the test results will still become public record, which will only lead to misinterpretation and misinformation in a region already suffering from a lack of scientific focus and clarity.
An in-person/virtual hybrid hearing will be held on on December 15th in Boardman, and a remote hearing on December 16th. Written comments will be accepted until December 22nd. OFS will be preparing detailed comments on the rules; if you or your organization need assistance understanding the rules or developing comments please let us know. The proposed rule language can be accessed here [7] (scroll down to “Proposed Rules Open for Public Comment” section of the website).