Member Alert: Gov. Kasich Signs Water Quality Executive Order

On Wednesday, Governor Kasich announced Executive Order 2018-09K, titled “Taking Steps to Protect Lake Erie.” The new executive order calls on the Ohio Department of Agriculture to consider declaring watersheds in the Maumee River Basin as watersheds in distress, due to “increased nutrient levels resulting from phosphorus attached to soil sediment.”

If the proposed watersheds are declared in distress, the order then directs the ODA, Ohio Department of Natural Resources and Ohio Environmental Protection Agency to recommend a rule package for the distressed watersheds. The rule package would include: setting nutrient management requirements for all nutrient sources; development of nutrient management plans for agricultural land and operations within the watershed boundaries; and setting requirements for the storage and handling of farm products.

The full text of Executive Order 2018-09K can be read here. A fact sheet provided by the governor’s office is available here.

Over the past six months, the Ohio AgriBusiness Association has been fully engaged on this issue. You recall Chris’ recap article from early July. Although an executive order was not the desired outcome, the industry can take two wins in the situation:

• Fertilizer wasn’t declared or defined a pollutant in Ohio law.
• Much of the order requires the normal, traditional rulemaking process with stakeholder input – which is what we’ve pushed so hard for over the last few months.

OABA is concerned for the impact this executive order will have on farmers and agribusinesses in these watersheds and we are committed to remaining engaged throughout the rulemaking process. We welcome the opportunity to share science-based solutions with our regulators with the goal of continued improvement in the Western Lake Erie Basin.

As the situation develops, we will continue to keep our members up-to-date on the latest news. If you have any questions or concerns regarding the new executive order, please don’t hesitate to reach out.