EPA, Iowa DNR reach agreement on CAFO oversight

Source: EPA

The U.S. Environmental Protection Agency (EPA) said it has reached an agreement with the Iowa Department of Natural Resources (IDNR) to make changes to Iowa’s Clean Water Act (CWA) permit and compliance program for concentrated animal feeding operations (CAFOs). The agreement includes specific actions IDNR intends to take to remedy the program and a timeline for implementation of those actions to ensure clean, healthy water.

“Working with states to safeguard Midwestern waters is among EPA’s highest priorities,” said Karl Brooks, EPA regional administrator. “This agreement, developed after extensive public and industry input, commits IDNR to making needed and achievable improvements to the system that keeps CAFOs compliant with the CWA. Iowans who operate a world-class livestock sector will continue to thrive in a first-rate permitting and inspection program.”

EPA considered public comments in its assessment of IDNR’s proposed actions to ensure clean water across the state. Public comments, including feedback from the agricultural community, were taken into consideration in the drafting of the final agreement.

EPA’s investigation of Iowa’s permit and compliance program for CAFOs 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.

IDNR has committed to:

On July 12, 2012, EPA released a report outlining its initial findings, which identified issues in IDNR’s program  the state agency will need to correct. Among other findings, EPA found that IDNR does not have an adequate program to assess whether unpermitted CAFOs need NPDES permits. The findings also noted 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 CWA violations, IDNR failed to take timely and adequate enforcement actions, and assess adequate penalties.

The CWA requires EPA and authorized states to assess whether CAFOs discharge and need an NPDES permit. Any discharge of pollutants into a river or stream is a violation of the CWA unless the discharge is authorized by an NPDES permit. The CWA requires CAFOs that discharge to obtain an NPDES permit from EPA or authorized states.

A copy of the final work plan agreement can be found at www.epa.gov/region7/water.