States Closer To Phosphorus Deal

EPA Administrator Optimistic Arkansas, Oklahoma Can Resolve Differences Over Water Standard

By Scott F. Davis The Morning News/NWAonline.net

Fri, Jun 27, 2003

FAYETTEVILLE -- Arkansas and Oklahoma state agency officials are close to reaching a deal on phosphorus following a "productive meeting" Thursday in the U.S. Environmental Protection Agency office in Dallas, officials said.

Officials from all three groups were optimistic during interviews about reaching a deal, but short on specifics of the negotiation.

"These people are trying to get this worked out, and I think we will. We're making good progress," said Richard Greene, acting administrator for Region 6.

In a phone interview, Greene said that, following the four- to five-hour meeting, he was "very optimistic because of the cooperative discussions" that the two sides can cut a deal and avoid a courtroom battle over Oklahoma's water quality standards.

The standards -- still awaiting EPA approval -- include a phosphorus limit of 0.037 parts per million in six of Oklahoma's scenic rivers, including the Illinois River.

High phosphorus levels promote excessive algae blooms, which impair water quality, lower oxygen levels and can cause taste and odor problems in treated drinking water from reservoirs.

Arkansas officials have called the phosphorus limit unreasonable and unattainable within the 10-year time frame in Oklahoma's standards.

Northwest Arkansas poultry industry and utility officials are concerned that efforts to meet these standards will be costly. They are seeking written assurances that they will not face litigation if they agree to the proposed measures.

Arkansas passed new laws this year, including one that restricts the land application of poultry litter, designed to improve water quality and address concerns of Oklahoma officials.

Randy Young, executive director of the Arkansas Soil and Water Conservation Commission, said that Oklahoma officials expressed some concern about a provision in these new laws that restricts public access to these records. The restrictions protect farmers' privacy and are consistent with federal guidelines, he said.

Another unresolved issue is developing a joint phosphorus index to determine how much poultry litter can be applied to land, he said. Young said it will probably take scientists from both states more than a year to develop this index.

Marcus Devine, director of the Arkansas Department of Environmental Quality, said that he "anticipates some solution soon" on the standards, but said that the dispute over "loading caps" was not resolved Thursday.

The mayors of the five largest Northwest Arkansas cities -- Fayetteville, Springdale, Rogers, Bentonville and Siloam Springs -- have agreed to reduce phosphorus levels in treated-wastewater discharges. City officials are concerned about Oklahoma's proposal for "loading caps" based on existing plant capacity levels, arguing these caps could stifle growth or be impossible to meet without causing utility rates to increase significantly.

EPA officials did not indicate when they might approve Oklahoma's standards, he said.

Greene said that an agreement will be drafted to give the parties "assurances, protections and permanence." He said that this document may possibly be drafted and signed within 30 days, but was not sure if another meeting in Dallas will be necessary to facilitate an agreement.

Oklahoma officials agreed that the meeting was productive.

"It's the closest we've been. ... We are very, very close to finally striking a deal that both states can live with," said J.D. Strong, director of environmental affairs for the Oklahoma Secretary of the Environment.

Strong said that there was "definitely a lot of give and take compromise on both sides." Both sides must now go back and talk to their constituents to move the process forward to resolution, he said.

The poultry industry wants to reach a deal.

Morril Harriman, executive director of The Poultry Federation, said that he has not been briefed about Thursday's meeting, but he is hopeful a deal can be reached.

"The poultry industry," he said, "wants to continue to negotiate in good faith in hopes that we can reach an agreement that is fair to all the parties and improves water quality."