Water Quality

• DNR is Plagued With Expired NPDES Permits

Coal-fired power plants

• Retiring MidAmerican's Coal by 2030 Could Save Iowans $1.2 Billion

Carbon Dioxide Pipelines

• Landowners facing bullying, intimidation, harassment from Summit & Navigator

• What we’re reading (and watching) about the Summit and Navigator Pipelines

Events

• Join us for interesting and informative webinars and Lunch and Learns

Plus

• Contribute to the Iowa Chapter

• Volunteer for the Iowa Chapter

• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

• To see the White Pine Needle newsletter

DNR is Plagued With Expired NPDES Permits

Note: Photos with this article are Cedar Lake in Cedar Rapids and the Cedar Rapids sewage treatment plant which has a current NPDES permit.

The Clean Water Act is a federal law that is used to prevent, reduce, and eliminate pollution in the nation's waters, and to restore and maintain the chemical, physical, and biological integrity of the waters. A stated goal of the law is to eliminate the discharge of pollutants into navigable waters.  In order to accomplish that goal, Dischargers must obtain discharge permits, called NPDES permits (for National Pollution Discharge Elimination System).  Dischargers are city sewage treatment plants, industries, mobile home parks, and some animal feeding operations.  Think of a discharge as coming from a pipe.

The state of Iowa has been given authority to implement the Clean Water Act, through the Iowa Department of Natural Resources (DNR). 

Almost one-fourth of Iowa’s NPDES permits have expired!

• Iowa has issued 1,630 NPDES permits
• A permit is issued for 5 years
• After they expire, they are to be renewed, taking into account new water quality standards
• 378 permits have expired – 23%
• The oldest permits expired on 2002 – 19 years ago, having been issued in 1997
• Entities with an expired permit must still follow the requirements of the permit.

This matters because water quality standards went through a number of changes in the early 2000's.  If a permit has not been updated to include the revised standards, then the discharger could be putting more pollution into its receiving stream that would be allowed under the revised rules.

Who has an expired permit?

• Manufacturing plants – Grain Processing in Muscatine, Poet Biorefining in Iowa Falls and Menlo, Valero Renewable Fuels in Fort Dodge, John Deere Dubuque Works, Koch Nitrogen in Marshalltown, and others
• Cities – Burlington, Ames, Marshalltown, Orange City, Pella, Perry, and others
• DOT rest stops – Adair, Lamoni, Story City, and others
• DNR state parks – Honey Creek, Ledges, Maquoketa Caves, Lake Ahquabi, Brushy Creek, Backbone, and others
• The list goes on and on and on.

Why have these permits expired?

In some cases, the industries may be moving out of an area, so it makes sense to hold off on a new permit.  In other cases, industries may be planning an upgrade to their facilities which would change their permits in the near future.  For some permits, there are some complex rules that need to be dealt with and it takes time to work through the issues.  Some of the permit holders don’t work well with the DNR staff, but they must still get permits and comply with them.

However, almost all of the permits need a Use Attainability Analysis (UAA) before the permit can be issued.  A UAA is a structured scientific assessment of the factors affecting the attainment of uses of the water body receiving the discharge, including looking at the physical, chemical, biological, and economic use of the water body.  It involves going on-site to the waterbody, writing the assessment, going through the rule-making process and its required public hearings, and a final approval by the Environmental Protection Agency.  This is a multi-year process.

The Department of Natural Resources does not have enough staff to go to the waterbody to do the assessment and to follow through the UAA process.

Digging into the backlog

Between 2022 and 2025

• 1,032 permits were issued
• An average of 258 permits per year
• An average of 21.5 permits per month

Permits needing renewed in 2022

• Backlog of expired permits – 378
• Permits expiring this month, December, 2021 – 12
• Permits expiring in 2022 - 296
• Total permits to renew by the end of 2022 – 686 (From above, the DNR's average is 258 permits a year.)

Inadequate funding for water quality is a chronic problem.  That is coupled with a lack of commitment to water quality.  There is more than enough money to fund staff for the DNR to complete the UAA’s and to issue updated permits.

Right now $1 billion in surplus is sitting in the Tax-payer Relief Fund.  Plus another $800 million to $1 billion is predicted as excess revenue in the current fiscal year.  Huge amounts of stimulus money, pandemic, infrastructure, and other federal programs is being and has been given to the state.  There is money in Iowa’s state government funds to pay for water quality.

In issue after issue after issue, the state is failing Iowans in protecting our water

• Failing to keep up with NPDES permit renewals, not completing UAAs
• Impaired waters (those not meeting water quality standards) – 586 water bodies with 730 different pollutants in 2020
• Beaches in Iowa’s state parks are regularly issued swim advisories due to E coli and/or microcystin toxins
• Not implementing the Nutrient Reduction Strategy
• DNR has not updated the calculations for the amount of manure that can be land applied, resulting in over-application and run-off
• Allowing more CAFOs (factory farms) to be constructed in Iowa, beyond what the land and crops can use
• Issuing a permit to build Supreme Beef in the Bloody Run Trout Stream watershed, with an improper manure structure
• Iowa’s largest municipal drinking water system has costly process to handle the amount of nutrients in surface water, due to discharges of manure and fertilizer in the water sources

Things you can do to help

If you would like to help, contact the Governor and your state legislators and ask that they

• Increase funding for the Department of Natural Resources staff working on water quality so they can stay on top of permits, implement new EPA requirements, monitor and enforce water quality standards.
• Fund the nutrient reduction strategy, with measurable outcomes, without dismantling existing programs.

Contact information for legislators and the Governor

Email, address, and phone number for Representatives

Email, addresses, and phone numbers for Senators

Find your legislator

To send an electronic message to Governor Kim Reynolds, you must use the Governor's E-Mail system on her website.  Or phone her office at 515-281-5211

Notes:

Database is found at www.iowadnr.gov/Environmental-Protection/Water-Quality/NPDES-Wastewater-Permitting/Current-NPDES-Permits

DNR updated their permit database on 12/1/21; data for this article were pulled 12/12/21

Landowners facing bullying, intimidation, harassment from Summit & Navigator

Sierra Club Iowa Chapter is working with hundreds of Iowa farmers and landowners to stop the proposed Navigator and Summit carbon pipelines.

Our resistance is strong, we’re growing by the hundreds.  Both companies are having major problems getting landowners to sign forever voluntary easements to take their land. That means these companies are increasing pressure on Iowans across the state.  We’re hearing from Iowans all across the state that they are experiencing bullying, harassment, intimidation, and even some things that we question if it violates Iowa law. 

We put together a fact sheet called “Know Your Rights: Land Agents, Surveyors, and Easements".

Our group may be hundreds strong, but we know there are thousands more out there that we haven’t met yet who may be vulnerable to this pressure. 

That’s why we have been requesting the list of landowners who received notice from both pipeline companies.  This landowner put perfectly:  “Summit is denying us the power of open communication and organized efforts from a greater number. They seem to know that they can’t stand against us when we stand united as many. On more occasions than those described above, Summit has shown lack of transparency and unfair bias. Their responses to objections reflect that they’re trying to prevent us from helping each other by uniting in our efforts. And it’s just one example of how vital it is for us to do just that, unite, and in an organized fashion.”

After we submitted hundreds of comments to make the list public, the Iowa Utilities Board (IUB) ruled that part of the list must be made public - government entities and businesses.  The IUB gave Summit a deadline to release the list or the IUB would release the list in its entirety.

On Thursday, December 16, we got two important updates that show we are beginning to tip the scales:

1. Summit filed suit in District Court against the IUB asking for a judge to rule that they can keep the list confidential.  
2. The IUB ruled that Navigator must also submit their landowner list and it will be subject to the same decision as the Summit list.  (The IUB also clarified that neither pipeline company can do surveys or discuss easements ahead of the informational meeting in the county)

This shows that despite what Summit and Navigator say, THESE PIPELINES ARE NOT A DONE DEAL because we are powerful, united and determined to protect our state and stop these pipelines.

 If you experience bullying, intimidation, harassment or anything else that feels unethical, immoral or illegal from the pipeline companies: 

1. File a complaint with the Iowa Utilities Board by emailing customer@iub.iowa.gov. Document the date, time, phone number, and what happened. Ask the IUB to open an investigation into your complaint. 
2. File an objection with the Iowa Utilities Board by submitting your comment at https://iub.iowa.gov/online-services/open-docket-comment-form. 
3. Tell your Supervisors, County Sheriff, local press, neighbors, and others what you are experiencing.

What we’re reading (and watching) about the Summit and Navigator Pipelines

The fight to stop Summit Carbon Solutions and Navigator CO2 Ventures proposed pipeline projects is heating up.  In a little over 3 months, we have made tremendous progress building the powerful coalition of people and groups that it will take to stop these pipelines.  You can support this important fight by signing our petition!

Our coalition is diverse.  We are rural, urban, farmers, non-farmers, Republicans, Democrats, young, old and everything in between.  We all have different reasons for being against these pipelines and that makes us powerful.  We won’t stop these pipelines on our own.  We’ll stop them together.

Our precedent-setting work to speak out against these pipelines is making local, statewide, and national news.  Here’s what we’re reading (and watching):

• Video: Why this Linn County Landowner says no to Navigator
• December 16, 2021 - Des Moines Register - Carbon pipelines could extend ethanol’s viability, but some Iowa farmers say they’re not worth the tradeoffs
• December 15, 2021 - Nwest IA - Iowans pushing back on CO2 pipelines
• December 15, 2021 - Fort Dodge Messenger - Landowners air concerns over proposed pipeline
• December 14, 2021 - Ames Tribune - Story County supervisors to condemn possible use of eminent domain
• December 13, 2021 - Reuters - US Lawmaker introduces bill to eliminate carbon credits for oil recovery
• December 10, 2021 - KYOU News - Proposed pipeline project brings great concern from landowners
• December 7, 2021 - Dickinson County News - Public should speak up
• December 12, 2021 - The Hawk Eye - Carbon capture met with skepticism in Des Moines County

Retiring MidAmerican's Coal by 2030 Could Save Iowans $1.2 Billion

December 15, 2021 - DES MOINES, IA -- Analysis filed today with the Iowa Utilities Board shows that MidAmerican Energy could save Iowans nearly $1.2 billion by retiring all of its coal plants by 2030. The analysis, independently conducted by Synapse Energy, concluded that replacing the coal plants with renewable resources, such as wind, solar, and battery storage, was the most cost-effective option while ensuring reliable service to customers. Under a scenario with high gas prices and a carbon tax, the savings grow to $5 billion.
 
"These savings are consistent with studies across the country: coal is on its way out because it is simply too expensive. MidAmerican needs to do the responsible thing for customers and commit to retiring all of its plants by 2030 and replacing them with clean energy," said Katie Rock, Beyond Coal Campaign Representative for Sierra Club.
 
The Iowa Utilities Board requested information from MidAmerican Energy about its plans for electric generation, including analysis of the most cost-effective option to provide reliable, affordable power to customers. MidAmerican did not provide any estimates of the costs or savings of retiring its coal fleet compared to replacement with clean energy and has fought to prevent sharing relevant information, holding certain information as privileged even from the Board. The Synapse analysis shows how critical it is for the Iowa Utilities Board to take the necessary next steps.

The Synapse analysis modeled costs across Iowa through 2040 to evaluate potential savings. The analysis considered different types of generation each year, concluding that the coal plants should be replaced with approximately 2,000 MW of solar generation and 740 MW of battery storage, and 2,000 MW of supplemental wind power. MidAmerican customers would receive a majority of the savings (roughly $1.2 billion), but all Iowans would benefit from the transition because wholesale energy prices would be lower. The model suggested retiring the Walter Scott Energy Center Unit 3 (Council Bluffs) in 2024, Ottumwa Generating Station in 2024, the George Neal units (near Sioux City) in 2025, Louisa Generating Station in 2026, and Walter Scott Unit 4 in 2030.

For further information, contact Katie Rock, Sierra Club, katie.rock@sierraclub.org

Photo by Emma Colman

Lunch and Learns

Every Friday at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week and will be announced the day before the livestream.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them. 

We will be taking a short holiday starting on December 24 and 31, but we will be back live in January.

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee

If you would like to join a committee on the Peoples Budget, sign up here please fill out our People's Budget Volunteer Form so we can build our organizing team for this project.  A large number of Sierra Club issues require some involvement with Iowa's state budget. Budgets reflect theories of government. Iowa’s political conversation rarely moves beyond the notion that government’s primary responsibility is to grow the economy. Hence we give corporations tax breaks, but slash funding for health care, environmental protections and public interest research at our three state universities.  We hold a different view of government and that is government is the trustee of all the things we share - public roads and bridges, water, wildlife, air, public universities, state parks, education and public health.  Therefore, protecting, enhancing and restoring our shared public wealth is the central responsibility of government. We must tie the budget to our priorities. 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

If you would like to join the team on a public interest research agenda, send an e-mail to iowa.chapter@sierraclub.org.  The Iowa Chapter of the Sierra Club is forming a team to design a public interest research agenda, determine needed policies, and develop a strategy to implement the public research agenda.  This project will be a year-long study and design group. We are especially looking for scientists who are working in climate, public health, sustainable agriculture, and related fields.

Sierra Club - the best bet for achieving bold solutions to Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

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Thank you for your support.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

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