August 29, 2008

Ms. Alicia Kaiser

Designated Federal Officer

Office of the Administrator (1101A)

1200 Pennsylvania Ave. NW

Washington, DC  20460

Dear Ms. Kaiser,

The Delaware Farm Bureau recently learned that the EPA established the
Farm, 

Ranch, and Rural Communities Federal Advisory Committee (FRRCC) with the


charge to advise the administrator on environmental policy issues
impacting 

farms and ranches. We would like to take this opportunity to share with
you and 

the committee our concerns pertaining to the “unannounced”  poultry
farm 

inspections EPA have conducted in Delaware.  The first “unannounced”


inspections occurred in April, 2008.  A notification was later received
stating that 

the EPA intended to visit an additional 40-46“unidentified” farms
within a two 

week period in July that coincided with the running of the Delaware
State 

Fair.  Many farmers and ranchers participate in various activities with
their 

children during the Fair and may not have been on the farm at the time
of these 

proposed inspections.

Delaware farmers and ranchers contacted local officials declaring the
inspections 

outrageous.  Shortly after the EPA’s “unannounced” poultry farm
inspections

occurred, the Secretary of Agriculture and the Secretary of DNREC
established 

an advisory group to meet with EPA.  Unfortunately, most farmers and
ranchers 

perceive these meetings as a continuing attack on their industry and
livelihood.  

Today, many farmers and ranchers are uncertain about their future and
fear that 

this harassment will force many to consider alternative methods of
farming and 

force poultry plants to relocate to other states and or other countries.

Obviously, our farmers and ranchers perceived this action by EPA as
aggressive, 

unfriendly and unwarranted.  Unwarranted, because in 1999 Delaware
adopted

 a Nutrient Management Law that has received national accolades as 

model legislation.  This legislation developed a comprehensive
environmental  

and nutrient management strategy and program to monitor and regulate all
crop 

and  livestock operations.  The Delaware Department of Agriculture (DDA)
and 

the Department of Natural Resources and Environmental Control (DNREC) 

Implemented the Delaware CAFO Nutrient Management Program under a 

formal agreement signed by the respective Cabinet Secretaries in June
2000.  

Page 2 

August 29, 2008

The legislation also created a Nutrient Management Commission that
oversees 

the implementation of the law and the administrative staff.  The above
agencies 

adopted CAFO regulations and the responsibility for the enforcement is
handled 

by Nutrient Management Program staff.

It is felt that living under the threat of “surprise” EPA
inspections is unjust and 

unwarranted.  It is our understanding that the EPA’s test sample of
soil and water 

from the first set of inspections demonstrated a level of “0”
contamination.  These 

results clearly demonstrate, that our continued use of “Best
Management 

Practices” combined with local management and enforcement of the
Delaware 

Nutrient Management Program is yielding the end results, so desired.

We respectfully request that your committee consider and discuss the
actions of  

EPA conducting “unannounced” inspections, resulting in a blatant
mistrust of 

the EPA and our local agencies. Should your committee require additional


information or would like to have a Delaware representative attend your
next 

meeting or workgroup meeting, we would welcome that opportunity.

Thank you for considering our “plight” in Delaware.

Sincerely,

L. Edward Jestice, Jr.

President

LEJ: pt

Cc: 	Senator Biden

	Senator Carper

	Congressman Castle

      	

