August 4, 1977
Page 26772
Mr. McCLURE. The committee's bill introduces the term "best management practices" in connection with exempting certain activities from both section 402 and section 404 discharge permit requirements. Since this important term is not defined in either the bill or the committee report, I believe it is important to make the committee's intentions known. The following definition represents the meaning intended for that term is intended by the committee to mean an effective practicable means of preventing or reducing the amount of pollution from the discharge or dredged or fill material that shall be based on problem assessment; examination of alternative abatement practices; public participation; and on technological, economic, and institutional considerations. For areas found by a Governor to require application of BMP programs, the State is encouraged to adopt the most effective approach after consideration of financial incentives, technical assistance and education programs, or regulatory programs.
Mr. MUSKIE. The committee amendment does not define best management practices because it is intended that State agencies involved in the section 404 and 208 programs should be given administrative flexibility to develop practices, techniques, methods and performance standards that can be required to prevent the pollution of the Nation's waters. I believe that your definition reflects primarily the procedure by which such practices can be identified. It is not, however, exhaustive of the factors that should be considered in developing these practices.
Mr. McCLURE. As I understand the bill, until such time as the various States develop best management practices for a program submitted for approval under the new section 208(b) (4) (C), the Corps of Engineers will provide for such activities through general permits under section 404 (f). General permits for such activities can be conditioned on compliance with management practices or standards. I believe that in order for a Federal agency to develop a workable set of management practices for application across the Nation to diverse situations, they ought to be stated in simple terms. This will allow easy application of these management practices by landowners of sometimes modest technical and financial means and easy adaptation of these nationwide practices to local conditions so as to optimize their effectiveness in controlling water pollution.
In fact, the Corps of Engineers has already developed a set of management practices by regulation in connection with nationwide permits under the existing section 404. One of those permits concerns the placement of fill material to enable minor road stream crossings. While I do not pass judgment on all those lengthy regulations, I believe that the management practices found at 40 CFR section 323.4(b) (1) through (8), 42 Fed. Reg. 37146 (1977), may satisfy the committee's intention as to the substance of best management practices.
Mr. MUSKIE. The committee amendment intends that, until a State develops best management practices, the Corps of Engineers may prescribe management practices and performance standards through permit conditions in general permits the types of management practices will vary depending on the nature of the pollution problem. I agree that these practices should be stated in simple, understandable terms as they are in the Corps regulations. Management practices for minor road stream crossings are certainly appropriate for general permits, and the corps regulations should continue in this regard.