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

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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

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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.

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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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Sewage Disposal Rule Change Proposed

The Iowa Environmental Protection Commission has approved a Notice of Intended Action for IAC567-Chapter 69, “Private Sewage Disposal Systems” and IAC567-Chapter 68, “Commercial Septic Tank Cleaners”. The proposed changes to Chapter 68 are response to the passage of Senate File 321 (2011) which amended Iowa Code 455B.172 to include language relating to the disposal of wastewater from on-farm food processing facilities. The changes to Chapter 69 result in part from the passage of House File 2437 (2010). This bill modified Iowa Code 455B.172 (11) to simplify and provide clarity to the time of transfer septic system inspection requirements. Other minor changes are also proposed including renewal of the NPDES General Permit #4 for legally discharging private sewage systems.

Written suggestions or comments on the proposed amendments are being accepted through May 1, 2012. Public hearings will be held at the several locations in Iowa on April 12-19.

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.

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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.

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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.

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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.

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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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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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DNR Antidegradation Implementation Procedure Training

The Iowa Department of Natural Resources (IDNR) has scheduled Antidegradation Implementation Procedure Training scheduled for Monday, June 28, 2010 in Johnston, Iowa.

Training is intended to provide a better understanding the new Antidegradation Implementation procedures. The training course will go through the new antidegradation implementation procedures, review the example alternative analysis previously released, and answer questions about how to conduct the alternative analysis.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

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IDNR Antidegradation Implementation Procedure

The revised Iowa DNR antidegradation rule was effective on February 17, 2010, but has not yet been submitted to the U.S. Environmental Protection Agency (EPA) for approval. The antidegradation rule states “all unapproved facility plans for new or expanded regulated activities…shall undergo an antidegradation review if degradation is likely in the receiving water or downstream waters following the effective date of the ‘Iowa Antidegradation Implementation Procedure.’”

However, IDNR has decided to begin implementation of the new antidegradation rule after the rule is approved by EPA. Any facility plan not approved by the date EPA approves the antidegradation rule must include an antidegradation analysis if the project would result in degradation. According to IDNR, facility plans that have not been approved and NPDES permit applications or amendment requests that have not been placed on public notice will be considered to be incomplete and may be returned to the applicant for completion.

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New Well Water Pollution Plan and Permit Requirements

The Iowa Department of Natural Resources (DNR) has written new rules and developed a new General Permit to authorize the discharge of well construction and well services related wastewater when the wastewater reaches “Waters of the United States”. On March 17, 2010, rule amendments to 567 Iowa Administrative Code Chapter 64 and the new National Pollution Discharge Elimination System (NPDES) General Permit #6 (GP6) became effective.

GP6 requires the use a Well Water Pollution Plan (WWPPP) and the use of best management practices (BMPs) to adequately address the treatment needs of the wastewater before discharge. In addition, if the well construction/service project requires the services of an engineer, an engineer must also develop and certify the WWPPP and any revisions to the WWPPP that are needed to adjust the BMPs to ensure adequate wastewater treatment.

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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Well Construction Wastewater Discharges - Proposed NPDES Permit Requirements

The Iowa Department of Natural Resources (IDNR) is proposed amendments State wastewater discharge regualtions, including a proposal that would require the discharge of wastewater from water well construction and service activities to navigable waters to be covered under a general permit. The proposal would create a National Pollutant Discharge Elimination System (NPDES) General Permit that would require permittees to:

1. Comply with the general water quality criteria,

2. Prepare a pollution prevention plan that includes best management practices (BMPs) to be implemented, and

3. Visually monitor wastewater effluent to determine sufficiency of the BMPs.

The IDNR will be conducting public hearings on the proposed rules at several locations from August 4 through 12.

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Chloride, Sulphate and TDS Water Quality Standards

Iowa DNR is currently proposing to amend State water quality standards for chloride, sulphate and total dissolved solids (TDS). In addition, they are proposing a change to the default hardness value used to calculate ambient water quality standards for many other chemicals.

The changes being proposed include the following:

• Establish numerical water quality criteria for chloride for the protection of aquatic life uses.
• Establish numerical water quality criteria for sulfate for the protection of aquatic life uses.
• Remove TDS criteria and implementation approach
• Revises default hardness level used for hardness dependent chemical criteria from 100 mg/l (as CaCO3) to 200 mg/L.

IDNR will be accepting comments on these proposed changes until August 14, 2009.

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Regulatory Compliance Updates - EHS Rule Compliance

Caltha LLP maintains several websites to provide regulatory updates and discussion of current environmental, health and safety topics, as listed below. Interested parties can register to receive automatic notification when a new topic is posted.

SWPPP - Stormwater Pollution Prevention Plans - Stormwater Permits - Stormwater Training
Discussions and comments on stormwater permitting programs in all States, including industrial, municipal (MS4) and construction sites. Topics include general stormwater permits, Stormwater Pollution Prevention Plans, monitoring, training, spill prevention and control, SPCC compliance.

Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits
Discussion of a variety of topics related to State and Federal water quality standards, ambient water quality criteria, sediment criteria, NPDES & site-specific discharge standards, water quality management, aquatic toxicology, aquatic community impacts, and water quality assessment.

Environmental Sustainability - Sustainable Environmental Management Systems
Discussion of sustainability topics, including pollution prevention, waste reduction, material reuse, environmental management systems, product stewardship, and international environmental standards.

Environmental Due Diligence - Site Assessments - Phase I ESA - Environmental Liability
Discussions and comments regarding environmental due diligence, environmental liabilities, CERCLA liabilities, Phase I environmental site assessments, corporate liabilities, environmental compliance liabilities, quantitative environmental liability assessment.

Regulatory Briefings
Regulatory Briefings are published periodically by Caltha to highlight new or proposed regulations on a wide range of environmental, health & safety topics. These briefings are generally 2- to 4-pages in length and provide an overview of the regulations and discuss potential impacts on the regulated community. Participants must sign up to receive an email link to new Regulatory Briefings as they are posted.

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Iowa Water Quality Standards Revision - TDS - Cl - SO4

The Iowa Department of Natural Resources (DNR) is in the final stages of revising some of Iowa’s water quality standards.

Recently, the DNR compiled all research related to toxicity of three chemicals to aquatic life - total dissolved solids, chloride and sulfate. The purpose was to update and develop criteria for these parameters to better protect aquatic life based on new scientific information. Gaps were identified in the previous research which resulted in new toxicity tests being performed in 2008.

With the availability of new research and toxicity data, the information is now available to propose numeric criteria for chloride and sulfate and reevaluate the current interim approach for total dissolved solids criteria. The Department is planning to present a summary of this information at the April Environmental Protection Commission meeting.

[Read more about State and Federal water quality standards and aquatic toxicology]

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