Editor’s note: This commentary is by Sylvia Knight, an environmental advocate and researcher. She lives in Charlotte. This is the text of a letter sent to Gov. Peter Shumlin, Department of Environmental Conservation Commissioner David Mears, and Department of Agriculture Secretary Chuck Ross.

The federal Environmental Protection Agency has given Vermont a unique opportunity to develop the difficult but necessary details to clean up Lake Champlain’s phosphorus problem, and the clock is ticking. Many Vermonters are aware that we have difficult choices to make and need to take real action in ways not yet discussed, and will support you in moving forward. Gov. Shumlin, we look to you for strong leadership in helping us to heal the treasure we have despoiled, the treasure which we all hold in common.

The draft Proposal for a Clean Lake Champlain (TMDL) has yet to address contributions of the herbicide glyphosate to the loading of phosphorus in the lake and the growth of cyanobacteria.

As a volunteer observer of and contributor to Vermont’s environmental scene on several related fronts, I am compelled at this time to highlight Vermont’s unparalleled opportunity to integrate activities at the state level to protect Lake Champlain and to engage as many players and consider as many contributors as possible in the TMDL discussion.

I urge that you not delay in involving the Vermont Pesticide Advisory Council in the TMDL discussion because of their permitting of glyphosate use close to water, a phosphorus source not yet considered for the TMDL. They are currently revising the pesticide regulations within the Agency of Agriculture. The TMDL discussion needs integration with this work because the council has traditionally permitted the herbicide glyphosate for use in rights-of-way very close to water (buffer as little as two feet). Monitoring of rights-of-way herbicides in surface waters has not included glyphosate. International research describes glyphosate as a source of phosphorus in water for algae and cyanobacteria. USGS has found glyphosate and AMPA downstream of wastewater treatment systems. The council currently grants permits for glyphosate use on railroad, utility and highway rights-of-way with no apparent relationship to watershed planning under the Clean Water Act.

Glyphosate’s genotoxicity to fish is an additional reason for a closer look at this herbicide, as it may be preventing game fish from reproducing naturally in Lake Champlain.

Please consider the following as you deliberate upon the TMDL discussion.

Missisquoi Bay and agricultural use of glyphosate

If you look at pages 50-51 of the DeLorme Atlas of Vermont, you can see how the Missisquoi River and her tributaries lace throughout Franklin County, and how Missisquoi Bay receives waters from several streams draining land where thousands of pounds of the herbicide glyphosate are reportedly used, largely but not only in agricultural applications, according to data from the Vermont Agency of Agriculture. Glyphosate can enter these streams and move downstream to Missisquoi Bay, a shallow, enclosed portion of Lake Champlain, contributing phosphorus to encourage algal blooms in the bay.

Suggested actions:

• Require 50-foot mixed vegetation buffers for agricultural land near waters, pay farmers for sequestering that land, and establish incentives for using IPM, not pesticides;
Balance farm and landscape glyphosate use with railroad, utility and highway use in the TMDL.

• Require testing for glyphosate in Missisquoi Bay, Malletts Bay and at Chimney Point, in consultation with USGS detection methods.

Missisquoi Bay and railroad use of glyphosate

If you consult DeLorme Atlas of Vermont, pages 50-51, you can see that New England Central Railroad follows the Missisquoi. The railroad uses glyphosate to control weeds on its tracks adjacent to the Missisquoi River, in the Missisquoi National Wildlife Refuge, and into Missisquoi Bay. Based on available science, current buffers of 2-10 feet between treated areas and water are not sufficient to keep herbicides out of water. Buffers of varied vegetation 35 feet wide may provide protection of streams but are not feasible for railroads, so alternative methods are necessary. Ballast cleaning can be used as an alternative method of weed control but needs additional funding.

Suggested actions:

• Consult with council before their March meeting on reducing pesticides as they revise Vermont’s Pesticide Regulations.

• Urge buffer increases to 35- or 50-foot parallel buffers for rights-of-way (ROW) between herbicide treatment and water.

• Test waters in Missisquoi Bay for glyphosate in consultation with USGS.

• Urge council to work with railroads to establish schedule for ballast cleaning in place of herbicide use where necessary buffers are not possible.

• Urge council to require the following through revised regulations:

a) that ROW permits list streams, ponds or wetlands parallel to or crossing ROWs and distances for which ROW parallels stream by less than 35 feet;

b) permits indicate streams’ status re Vermont’s 303(d) list of impaired streams for phosphorus;

c) exclude use of glyphosate adjacent to waters impaired for phosphorus;

d) establish monitoring program for locations where two or more permits affect a stream.

Lake Champlain Basin and other land uses of glyphosate

Glyphosate is used on other railroad ROWs, utility, transmission and highway ROWs, corn and landscaping in Bennington, Chittenden, Orleans, Rutland and Washington Counties, all in Lake Champlain Basin. Stormwater from suburban lawns in Chittenden County may contribute significant amounts of glyphosate, used as Roundup or Roundup Pro and sold in retail stores for yard and garden weed control.

Suggested actions:

• Initiate and support legislation giving municipalities authority to regulate such uses within their borders more restrictively than the state.

• Establish sampling regime to monitor for glyphosate in selected state waters.

• Require retail stores to report yearly pesticide sales and lawn amendments containing pesticides.

• Institute new taxes on lawn care products and incentivize IPM programs.

• Urge regional planning commissions to caution against herbicide use and promote IPM.

• Require stores to post warnings about Roundup’s phosphorus contribution to Lake Champlain.

Vermont statutes and glyphosate use

Six VSA section 1102 gives the council the mandate to reduce the overall use of pesticide, but the council may be hampered from achieving overall reduction in pesticide use without more help:

• Consider adjusting statutory language to focus on reducing the reliance on pesticides for pest management.

• Appoint three members to the council currently lacking, required by statute.

• Consider legislation giving the council stronger authority to fulfill their mandate.

Thank you sincerely for considering these measures on behalf of Earth Community.