EPA Comments On IDNR Iowa Nutrient Reduction Strategy

U.S. EPA has submitted comments on the draft Iowa Nutrient Reduction Strategy released Nov. 19, 2012. EPA commends the Iowa Department of Natural Resources (IDNR) and Iowa Department of Agriculture and Land Stewardship (IDALS) for developing the strategy that embraces ambitious specific nutrient reduction targets. Iowa based its draft strategy on EPA’s 2011 memorandum that dealt with how states should achieve long-term reductions in nitrogen and phosphorous pollution in water bodies. EPA states that supports states leading efforts to reduce nutrient loads from point and nonpoint sources but stresses that EPA is not mandating specific strategies or solutions.

The draft nutrient reduction strategy raised concerns about Federal ecoregional criteria published in 2000. Since then, EPA and some states have identified a range of options that can be appropriately used for development and implementation of numeric nutrient criteria. In its comments, EPA does offer recommendations to strengthen the policy considerations and point and nonpoint source sections of the document. The Agency makes a number of recommendations to be addressed during implementation of Iowa’s nutrient reduction efforts.

Comment Period for Nutrient Reduction Strategy Extended

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Nutrient Reduction Approach Proposed By IDNR - IDA

On November 19, 2012, the State of Iowa announced the release of the Iowa Nutrient Reduction Strategy for public comment. Interested parties were invited to submit comments during a 45 day comment period that will end on January 4, 2013.

The Iowa Nutrient Reduction Strategy is a science and technology-based approach to assess and reduce nutrients delivered to Iowa waterways and the Gulf of Mexico. The strategy outlines voluntary efforts to reduce nutrients in surface water from both point sources and nonpoint sources. The Iowa Department of Agriculture and Land Stewardship, Iowa Department of Natural Resources (DNR) worked with Iowa State University over a two-year period to develop the strategy.

The Iowa strategy has been developed in response to the 2008 Gulf Hypoxia Action Plan that calls for the 12 states along the Mississippi River to develop strategies to reduce nutrient loading to the Gulf of Mexico. The Iowa strategy follows the recommended framework provided by EPA in 2011. Iowa is the second state to complete a statewide nutrient reduction strategy.

To address point source discharges, such as POTW and industrial discharge, the Iowa Department of Natural Resources will be working with major facilities throughout the state to reduce nutrient discharges from point sources to Iowa's waters with a goal of reducing total phosphorus by 16% and total nitrogen by 4 %.

Summary of proposed permitting requirements for point source discharges under nutrient reduction plan


To address nutrient transport from nonpoint sources the strategy uses a scientific assessment of conservation practices and associated costs to reduce loading of nutrients to Iowa surface waters. The strategy identifies five key categories to focus the efforts in addressing nonpoint sources and identifies multiple action items within each category. The five categories are:

• Setting Priorities;
• Documenting Progress;
• Research and Technology;
• Strengthen Outreach,
• Education,
• Collaboration; and
• Funding.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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SWPPP, Erosion Control Plans, Spill Plans For Iowa Construction Projects

The Federal Clean Water Act requires that stormwater discharges from certain construction activities be covered under a National Pollutant Discharge Elimination System (NPDES) permit. Any stormwater runoff generated from construction activities such as clearing, grading or excavation, that disturb one or more acres and/or are part of a larger development are required to be covered by an NPDES permit.

 Iowa's General Permit No. 2 covers stormwater discharges from construction activities including land disturbances. When completed Notice of Intent (NOI) is submitted to the IDNR, stormwater discharge is assumed to be covered under the terms and conditions of the general permit, unless the applicant is notified otherwise by the IDNR. Before construction can begin on a site the following steps must be taken to be in compliance with the IDNR General Permit No.2:

• A Stormwater Pollution Prevention Plan must be created for the site,

•  A Notice of Intent (NOI) must be completed by the Operator of the construction site and this document along with public notices must be submitted to the IDNR.

•  A Letter of Authorization is provided to the Operator of the construction site, upon approval of the NOI by IDNR

•  SWPPP review and approval is required by MS4 cities prior to construction

•  Necessary best management practices should be in place prior to construction

•  Construction can then begin

Construction sites subject to the IDNR general permit  must meet certain minimum best management practices, including site inspections, waste control, employee training, Spill control or  SPCC Plan and others.

FAQ: Are a SPCC Plan and SWPPP the same?

Caltha LLP provides technical support to general contractors, project developers and land owners in Iowa to prepare project pollution prevention plans and the Notice of Intent (NOI) required for permit coverage. To request a quote, click here

Caltha will need you to provide basic project descriptions (e.g. size, scope) along with your contact information. We will then issue a quote by email, usually within 24-hrs.

You can find out more about Caltha’s stormwater services at:

http://calthacompany.com/stormwater

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Iowa State Revolving Fund Lowers Interest Rates

The Iowa Finance Authority and the Iowa Department of Natural Resources announced that they are proposing to reduce the cost of water quality loans offered through the State Revolving Fund even further. The proposal will change the interest rate from 3% to 1.75% for most loans.

Disadvantaged communities that qualify for the extended (30-year) terms will receive the 1.75% interest rate. The SRF program also recently reduced its loan origination fee from 1% to 0.5%, creating additional savings for communities and ratepayers. Interest rates and fees are established in the SRF Intended Use Plans.

A public hearing is scheduled for Thursday, Aug. 9 and the next plans will be considered by the Environmental Protection Commission on Sept. 18. If approved, the new rate will take effect on Sept. 28, 2012.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Iowa CAFO NPDES Permit Program Review

The US Environmental Protection Agency (EPA) has issued initial findings from an informal investigation of the Iowa Department of Natural Resources’ (IDNR) permit program for concentrated animal feeding operations (CAFOs) and has identified several correctable deficiencies. EPA’s investigation was carried out in response to a petition for withdrawal of the National Pollutant Discharge Elimination System (NPDES) program authorization from IDNR that was filed in 2007 by the Iowa Citizens for Community Improvement, Sierra Club and the Environmental Integrity Project. Federal regulations allow interested parties to file these petitions when they are concerned that a state is not meeting the minimum NPDES program requirements.

EPA’s initial findings identify deficiencies in IDNR’s NPDES program that the state agency will need to correct. Among others, EPA found that IDNR does not have an adequate program to assess whether unpermitted CAFOs need NPDES permits. The findings also note that IDNR must clarify its authority to issue NPDES permits to confinement (roofed) CAFOs that discharge. EPA also found that in a number of cases involving Clean Water Act (CWA) violations, IDNR failed to take timely and adequate enforcement actions, and assess adequate penalties.

The issuance of the initial report is the first step in the process in which EPA will work with IDNR to correct the deficiencies. EPA has asked that IDNR provide a written response to the report, within 60 days, describing the actions IDNR has taken or will take to correct the deficiencies, including a proposed plan and timeline to address the deficiencies. EPA intends to provide an opportunity for the public to comment on IDNR proposals to correct the deficiencies.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Iowa Chapter 17 Compliance and Enforcement Procedures

The Iowa Department of Natural Resources (DNR) has scheduled three additional public hearings for proposed new Chapter 17, Compliance and Enforcement Procedures. The DNR is also providing more information on how the DNR plans to implement Chapter 17. The DNR is holding the additional hearings to allow the public further opportunity to provide input. The DNR held its first public hearing on Monday, April 23.

The three hearings will be held in July and August as follows:

• Wednesday, July 18, 2012 in Iowa City;
• Tuesday, July 31, 2012 in Mason City; and
• Tuesday, August 7, 2012 in Carroll.

In response to public comments already received, the DNR is providing more information about how the DNR plans to implement Chapter 17. The DNR did not make any changes to the proposed rule language for Chapter 17. The DNR is also requesting additional public comments. Written comments or suggestions are due no later than 4:30 p.m. on Thursday, August 16, 2012.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Rulemaking On IDNR Compliance And Enforcement Options Approved

The Iowa Department of Natural Resources (IDNR) has proposed administrative rulemaking that will affirm the variety of compliance and enforcement options the Department may consider in responding to possible violations of environmental statutes, rules, and permits. The proposed rulemaking has been approved by the Environmental Protection Commission (EPC) for formal public comment.

DNR has used these or similar procedures for many years, and this rulemaking formalizes this practice. New Chapter 9A will include the compliance and enforcement options that may be used prior to, or in lieu of, assessing the administrative penalties specified in 567 Iowa Administrative Code (IAC) Chapter 10.

The proposed rulemaking approved by the EPC on February 21. The Notice of Intended Action will be published in the Iowa Administrative Bulletin (IAB) on March 21, 2012. At that time, the proposed rulemaking will be available on the IAB website. IDNR will then accept written comments through April 23, 2012. IDNR plans to hold a public hearing for the proposed rulemaking on April 23, 2012.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Iowa Water Quality Standards Approved/Rejected By EPA

EPA has approved the Iowa Department of Natural Resources’ (IDNR) designated use changes for 430 water bodies and rejected proposed changes for 89 water bodies. Designated uses describe the achievable recreational activities and aquatic life uses for Iowa’s waters.

As required under the federal Clean Water Act (CWA), DNR submitted these new and revised Iowa surface water quality standards to EPA for review and approval. The state based its recommendations on site-specific field data gathered by IDNR in and near streams, lakes and rivers. This submission updates the use designations to determine the highest attainable use for the individual waters. Designated recreational uses protect for activities such as swimming, fishing and canoeing; and for human consumption of aquatic life. Aquatic life uses provide for the protection and maintenance of a healthy environment for fish and other animals.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Iowa DNR Regional Haze Reduction SIP

The U.S. Environmental Protection Agency (EPA) has announced a court ordered schedule to review and act on more than 40 state regional haze reduction plans (including Iowa), designed to improve visibility in national parks and wilderness areas. The EPA action by itself does not establish control requirements; EPA will work with the states to approve their plans by the court ordered deadline in the agreement. Under the terms of the consent decree, if a state plan cannot be approved, EPA will determine an appropriate federal plan.

The dates for promulgation of final rules (either accepting or rejecting State plans) begin December 13, 2011 and run through November 15, 2011. The dates for action on the Iowa regional haze SIP are:
Proposed Promulgation: February 15,2012
Final Promulgation: June 15, 2012

EPA initially issued a rule in 1999 requiring states to submit regional haze plans. These plans were due in December 2007, but no action was taken by the agency in response to the submittals. National Parks Conservation Association and other environmental groups sued the agency in August 2011 to take action on these plans, and the consent decree resolves this litigation. EPA will accept public comment on this agreement for 30 days following publication of a notice in the Federal Register.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Iowa DNR Proposes To Formalize Compliance & Enforcement Actions

The Iowa Department of Natural Resources (DNR) is proposing rule making to formalize the variety of informal compliance and enforcement options the DNR may consider in responding to possible violations of environmental statutes, rules, permits, licenses, certifications, and plans. The DNR has been using these or similar procedures for many years, and this rule making process intends to formalize the practice. The DNR is proposing a new administrative rules chapter, Chapter 9A: Compliance and Enforcement Procedures.

The Iowa DNR is requesting public input on an upcoming rule making effort and will collect suggestions or comments from the public regarding the proposed rule making until Friday, November 18, 2011.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Derelict Building Grant Program Funds Iowa Property Cleanup

The Iowa Department of Natural Resources – Financial and Business Assistance (FABA) Program has created the Derelict Building Grant Program. The program was established to assist small communities and rural counties in improving the attractiveness and appearance of their jurisdictions by providing them financial assistance to address derelict buildings. In accordance with the statutory requirement on how these funds are to be used the emphasis will be on landfill diversion through the recycling and reuse of building materials.

The eligibility requirements will entail the derelict building be located in a town or unincorporated county area of 5,000 residents or less and require the building to be owned or in the process of being owned by the town or county. The program will provide the following:

100% reimbursement for a certified Asbestos Containing Material (ACM) inspection.
100% reimbursement, not to exceed $5,000, for removing ACM. A 50% cost share is required for those costs exceeding $5,000.
100% reimbursement not to exceed $3,000 for conducting a Phase I Environmental Audit. Applicant is responsible for all costs exceeding $3,000.
50% reimbursement not to exceed $5,000 for conducting a Phase II Environmental Audit.
Building Renovation: If the building is going to be renovated, 50% reimbursement not to exceed $25,000 is available for offsetting costs related to removing materials for reuse, either at the site or offsite, or for recycling. The grant also compensates for the purchase and installation of reused or recycled materials that will be incorporated into the project.
Deconstruction: If the building is going to be deconstructed, 50% reimbursement not to exceed $50,000 is available for offsetting costs related to deconstruction. It is a goal of all deconstruction projects that 30% of the structure by weight be diverted from landfill disposal.
For every additional 10% of landfill diversion by weight above 30% that is documented upon completion of the project, Applicant cost share is reduced by 5% and grant award will increase accordingly. The maximum grant award for deconstruction projects shall not exceed $75,000.

The program is funded by the DNR’s Solid Waste Alternatives Program (SWAP) for the next three years. DNR is partnering with Keep Iowa Beautiful in the application and review process.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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IDNR Impaired Waters List Approved By Federal EPA

EPA has approved Iowa’s list of impaired waters, which removes 56 waters from the previous impaired waters list and adds 103 waters. The final approved 305(b) list brings the total number of impaired waters in the state to 474.

The Iowa Department of Natural Resources submitted its impaired waters list to EPA for review and approval as required by the Clean Water Act. The Act requires EPA to review the state’s list of impaired waters to determine if the state reasonably considered available water quality-related data, and identifies waters to be listed. A water body is placed on the impaired waters list when monitoring finds that pollutant levels prevent the lake, river, or stream from attaining its beneficial uses. Beneficial uses in Iowa include human recreation, agricultural water supply, and maintaining healthy aquatic life.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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EPA Predicts Pottawattamie County May Not Meet New Lead Standards

EPA has announced that areas in Pottawattamie County, Iowa may not meet new tighter lead air standards. In 2008, EPA reduced the national air quality standards for lead ten-fold to 0.15 micrograms per cubic meter after a review of the science about lead, advice from the Clean Air Scientific Advisory Committee, and consideration of public comments.

IDNR has been working with facilities to reduce lead emissions through implementation of emission controls, and is required to develop and implement plans to meet air quality lead standards by December 31, 2016. IDNR will have until August 15, 2011, to comment and to provide additional information.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Water Quality Standards For Iowa Lakes Proposed

The Iowa DNR has proposed criteria for evaluating Iowa lakes used for swimming. The standards will apply to 127 lakes in Iowa that have a maintained beach, appear on the list of Significant Public Owned Lakes or have a mean depth of more than 3 meters (9.9 feet).

The proposed standards measure the transparency of the water and recommend maintaining water clarity of a little more than 3 feet (1 meter) in at least 75 % of the measurements. A standard of maintaining chlorophyll-a levels not to exceed 25 ug/L in 75 % of the measurements taken is also being proposed. Both standards are based on measurements taken during the summer recreational months between Memorial Day and Labor Day. These standards were initially proposed in January 2010 [click here for more information]

A series of public meetings to gather input from citizens regarding proposed criteria are scheduled throughout the state between March 23 and 31. Written suggestions or comments on the proposed amendments are being accepted through May 15, 2011.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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EPA Disapproves Some Proposed Changes To Iowa Designated Uses

EPA has approved the Iowa Department of Natural Resources’ (IDNR) designated use changes for 69 water bodies and disapproved proposed changes for 57 other water bodies. Designated uses describe the achievable recreational activities and aquatic life uses in Iowa’s waters. EPA is still finalizing action on 12 additional Iowa water bodies.

The Clean Water Act (CWA) establishes a mandatory role for EPA to review and approve or disapprove all state water quality standards. IDNR submitted new and revised Iowa surface water quality standards to EPA for review and approval, as required by the law. That submission updated the use designations for many of the state’s waters following site-specific field studies to determine the highest attainable use for the individual waters.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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General Permit For Mine and Quarry Wastewater Discharge

The IDNR has scheduled a public meeting on November 30 to discuss proposed new rules for quarry and mine owners and operators. IDNR will explain changes in the draft permit that applies to these operations and seek comments on the rule change. The changes are proposed for wastewater discharges from mining and processing facilities that currently need an IDNR General Permit Number 5. The updated rules will keep mines and quarries in compliance with state water quality standards.

Most currently permitted facilities are eligible to use the general permit. However, they will have to submit results from water sample tests on sulfate in the future. The DNR may require an individual permit for facilities with high sulfate levels and those with new or expanded discharges to Outstanding Iowa Waters. The revised draft general permit will require operators to consider methods that would reduce water quality impacts. It also clarifies the duties of mine and quarry operators. The proposed changes would become effective in July 2011.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Environmental Site Investigations UST Clean Up Requirements

The Iowa Environmental Protection Commission has published a Notice of Intended Action to amend Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,” The proposed amendments revise existing rules to include the changes in review procedures and acceptance of reports from certified groundwater professionals on investigation and cleanup of petroleum contamination from underground storage tanks.

In 2010, the Iowa General Assembly enacted legislation in 2010 Iowa Acts, House File 2531, sections 169 to 174, that made changes in review procedures and acceptance of reports from certified groundwater professionals on investigation and cleanup of petroleum contamination from underground storage tanks. A groundwater professional’s site investigation, classification, and corrective action design reports must be accepted unless, within 90 days of receipt, the Iowa Department of Natural Resources identifies material information in the report that is inaccurate or incomplete. From July 1, 2010, through June 30, 2011, the Department has 120 days rather than 90 days to review and comment on the reports.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, conduct environmental assessments, and to develop cost effective compliance programs.

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Orphaned Hazardous Material Containers In Iowa

The USEPA is encouraging Iowa residents to report orphaned hazardous containers they discover. Recent severe storms and flooding events may have scattered tanks, drums, cylinders and barrels onto private properties and farmland especially along the Maquoketa and South Skunk rivers in Iowa. These items may contain hazardous materials such as propane and industrial chemicals and should only be handled by trained professionals.

The U.S. Environmental Protection Agency has been tasked by the Federal Emergency Management Agency (FEMA) to coordinate the collection and disposal of appliances, electronic goods and orphan containers and drums along these rivers. EPA is working with the Iowa Department of Natural Resources to identify and retrieve these materials. Drums and other materials should be reported by calling the Iowa Department of Natural Resources.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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IDNR General Permit for Pesticide Application

The Iowa Department of Natural Resources (DNR) has scheduled a series of public hearings to solicit input on a proposed NPDES General Permit for pesticide applications. Due to a federal court decision, persons who spray or apply pesticides to areas where the pesticide residues can end up in a water body will soon have to meet the requirements of a permit issued by the DNR.

At these hearings, DNR intends to discuss the criteria in the draft permit that determine which pesticide applicators will be required to submit a notice of intent for coverage under the permit to the DNR in addition to their current duties as pesticide applicators. DNR also intends to discuss whether more or less pesticide application types should be covered under the permit, if the operator definition is clear and reasonable, and if the permit requirements are overly burdensome or unattainable.


The IDNR has scheduled hearings as follows:
• September 28, 2010, Atlantic, IA.
• September 29, 2010, Clear Lake, IA.
• September 30, 2010, Storm Lake, IA.
• October 5, 2010, Manchester, IA.
• October 6, 2010, Washington, IA.
• October 7, 2010, Des Moines, IA.

Any interested person may file written comments on the proposed rules on or before October 13, 2010.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Iowa DNR Pesticide Application General Permit

Due to a recent federal court decision, anyone who sprays or applies pesticides to road ditches, stream banks, lakes or other areas where the pesticide residues can end up in a water body will soon have to meet the requirements of a permit issued by the Iowa DNR.

Background information:

EPA General Permit for pesticide applications

NPDES permit requirement for application of pesticides


The Iowa DNR is seeking input from people who apply pesticides to Iowa waters at an informal meeting June 29 in Des Moines. (1 to 4 p.m Wallace State Office Building) The DNR will present the latest information about proposed new requirements and seek input from attendees on the permit.

The input will be used to further develop a draft general permit that would require all pesticide applicators, including cities and counties that spray to control aquatic weeds, algae or mosquitoes in water bodies, to use best management practices. Such practices include using the proper rate of pesticide, keeping equipment in good operating order, monitoring effects after application and reporting any spills or adverse effects to the DNR.

The new permit is required based on a ruling from the U.S. Sixth Circuit Court of Appeals which vacated the U.S. Environmental Protection Agency’s final rule on Jan. 7, 2009. The decision requires all States to develop and issue general pesticide permits by April 9, 2011.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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