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.

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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.

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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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Water Improvement Grant To Mason City, Iowa

EPA has awarded $214,000 to Mason City, Iowa, for drinking water improvements. The project is expected to be completed by the summer of 2012. The project includes the installation of a generator, which will allow plant operators to more accurately control the chlorine level in the distribution system. The new generator will reduce accidental exposure and potential harm to water department personnel associated with current chemical drum delivery, storage and handling.

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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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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.

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Perchlorate & VOC Drinking Water Standards Proposed By EPA

U.S. Environmental Protection Agency has announced the agency’s decision to develop to regulate perchlorate in drinking water. The decision will lead to the development of the first-ever national standard for perchlorate.

According to EPA, scientific research indicates that perchlorate may disrupt the thyroid’s ability to produce hormones that are critical to developing fetuses and infants. Monitoring data show more than 4% of public water systems have detected perchlorate and 5 - 17 million people may be served drinking water containing perchlorate.

EPA expects to continue to evaluate potential perchlorate health effects and occurrence in public water systems. The agency will also evaluate the feasibility and affordability of treatment technologies to remove perchlorate and examine the costs and benefits of potential standards.

In a separate action, the agency is also plans to establish a drinking water standard to address a group of chemicals that may pose risks to human health. EPA will also be developing one regulation covering as many as 16 volatile organic compounds (VOCs), includes trichloroethylene (TCE) and tetrachloroethylene (PCE) as well as other regulated and some unregulated contaminants that are discharged from industrial operations. The VOC standard will be developed as part of EPA’s new strategy for drinking water to address contaminants as groups rather than individually in order to provide public health protections more quickly and also allow utilities to more effectively and efficiently plan for improvements.

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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.

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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.

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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.

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EPA Disapproves Designed Use Changes for Iowa Water Bodies

EPA has approved the Iowa Department of Natural Resources’ (IDNR) designated use changes for 64 water bodies and disapproved changes for 93 water bodies. Designated uses describe the achievable recreational activities and aquatic life uses in Iowa’s waters. EPA is finalizing action on the remaining 19 water bodies.

The Clean Water Act (CWA) presumes that all waters are suitable for the highest levels of recreation, such as swimming, and that the waters can support a diverse community of aquatic life. A state must present a well-documented study to set a lower goal. EPA found that the studies submitted by IDNR did not support a lower designated use for the 93 disapprovals.

The 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. This submission updates 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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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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Iowa Nutrient Water Quality Standards

The Iowa Department of Natural Resources (DNR) will ask the Environmental Protection Commission to terminate the rule intended to establish nutrient water quality criteria for lakes to protect recreational uses. Public hearings and consultation with stakeholder groups indicated substantive changes needed to be made to the rule. DNR believes that the planned revisions will change the character of the rule enough to justify a new Notice of Intended Action. The changes will also require some additional research by the DNR making it impractical to amend the current notice. After conducting the research and consulting with stakeholder groups, the DNR will ask the commission to approve a new Notice of Intended Action.

The DNR has also cancelled the two remaining public hearings that were rescheduled for later in March.

Caltha Water Quality - Water Quality Standards page

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DNR Proposed Lake Water Quality Standards

The Iowa DNR is is proposing a rule that sets water quality criteria necessary to protect for recreational uses in lakes. In summary, the rule contains two criteria: Secchi depth of at least one meter and chlorophyll-a not to exceed 25 ug/l. The two criteria must be met at least 75% of the time in order for the lake to be considered to support recreation such as swimming.

The proposed rule 61.3(4) requires that water sampling used to determine whether a lake meets the transparency and chlorophyll-a criteria meet the following:
(1) A minimum of nine sample results are required.
(2) At least three of the samples must be taken from the deepest part of the lake.
(3) All samples must be taken during the months of May through September.
(4) At least three sampling events must be conducted in any one summer recreation season.
(5) Samples must be taken in at least three summer seasons in a five-consecutive-year period.

The DNR is holding several public meetings across Iowa to take comments from the public on a rule. In addition, written comments will be accepted through January 23, 2010.

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EPA Fish Tissue Chemical Residue Study for US Lakes

US EPA has recently release it report on bioaccumualtive chemicals in fish. The report "National Study of Chemical Residues in Lake Fish Tissue" (or National Lake Fish Tissue Study) is one of the statistically-based surveys conducted by EPA since the late 1990s.

This study is a national screening-level survey of chemical residues in fish tissue from lakes and reservoirs in the United States. Study results allow EPA to estimate the percentage of lakes and reservoirs in the United States with chemical concentrations in fish tissue that are above levels of potential concern for humans or for wildlife that eat fish. This study also includes the largest set of chemicals ever studied in fish. Whole fish and fillets were analyzed for 268 persistent, bioaccumulative, and toxic (PBT) chemicals, including mercury, arsenic, dioxins and furans, the full complement of polychlorinated biphenyl (PCB) congeners, and a large number of pesticides and semivolatile organic compounds.

The data showed mercury concentrations in game fish exceeding EPA recommended levels at 49 percent of lakes and reservoirs nationwide, and PCBs in game fish at levels of potential concern at 17 percent of lakes and reservoirs. These findings are based on a comprehensive national study using more data on levels of contamination in fish tissue than any previous study.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / Water Quality Standards Services Website

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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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Iowa Stimulus Funding for Green Projects - Deadline Moved Up

The federal stimulus bill routes some of the funds for water quality through the State Revolving Fund (SRF) programs. Iowa’s allocation is $53 million for Clean Water SRF and $24 million for Drinking Water SRF. Twenty percent of each amount is intended to be used for green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities. Examples include projects that can demonstrate water or energy savings, infiltrate stormwater, address climate change impacts on water resources, or promote sustainability.

The Iowa Department of Natural Resources (IDNR) issued a “call for green projects” at the end of February, and stated the deadline for the project applications would be May 15. However, IDNR has since determined that they will need to speed up the application process in order to get projects approved and funding allocated more quickly. The new deadline will be March 27, 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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