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Iowa DNR proposes tougher laws for CAFOs near karst

cigaretteman

HR King
May 29, 2001
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The Iowa Department of Natural Resources is proposing stricter rules for concentrated livestock feeding operations near karst soil — something environmental groups have been seeking for years.



The agency’s cost-benefit analysis — required by an executive order from Gov. Kim Reynolds on all existing state administrative rules — shows regulations on concentrated animal-feeding operations, or CAFOs, are needed to protect human health, reduce cities’ water treatment costs and preserve tourism.


“While there are costs in complying with the regulations, the benefit to the environment outweighs the cost,” the Iowa DNR wrote in an 83-page report issued in September.




The Environmental Protection Commission, an appointed board that provides policy oversight over Iowa's environmental protection efforts, on Nov. 21 approved a notice of intended action to replace Iowa Code Chapter 65 with new rules governing CAFOs. The agency is accepting public comment through Feb. 23 before voting next spring.


The nonprofit Iowa Environmental Council started asking for new rules in 2021, after the Iowa DNR approved a manure plan for Supreme Beef, an 11,600-head cattle feeding operation near Monona. The facility was built in karst terrain, where a manure spill could quickly seep through porous bedrock and contaminate groundwater or Bloody Run, a prized trout stream.


A Polk County judge overturned Supreme Beef’s plan earlier this year, which led to multiple revisions. The Iowa DNR approved a new plan Nov. 17.

The Supreme Beef feedlot near Monona, pictured March 29, received state approval Nov. 17 of a manure plan after a judge rejected a previous plan. (Nick Rohlman/The Gazette) The Supreme Beef feedlot near Monona, pictured March 29, received state approval Nov. 17 of a manure plan after a judge rejected a previous plan. (Nick Rohlman/The Gazette)

Karst areas get extra protections​


The proposed Chapter 65 calls for new requirements for CAFOs located in Northeast Iowa’s Driftless region, an unglaciated area with rocky terrain and karst soils.


No new CAFOs would be allowed within 5 feet of karst. Between 5 and 15 feet, a manure storage basin would be required to have a 5-foot continuous layer of low-permeability soil, nonsoluble bedrock or a 2-foot synthetic clay liner.


The Iowa DNR also would formally adopt a map showing the 100-year flood plain so citizens can make sure they aren’t proposing CAFOs in those areas.


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The Environmental Council asked the Iowa DNR last year to adopt flood plain maps, saying the agency had issued permits for CAFOs in the flood plain at least seven times since 2003 even though feeding operations are prohibited near waterways.


The Iowa DNR estimates CAFO owners each would have to spend $10,000 more to provide a thicker barrier between manure and soil in karst areas. Owners of small CAFOs aren’t required to get manure management plans.


There are no additional costs to the state, the analysis notes.


When asked to compare the costs and benefits of the changes to the cost and benefits of inaction, the Iowa DNR said “greater environmental harms would occur” without regulations.


“There would likely be increased medical costs due to poor water quality, including possibly an increased rate in cancer and birth defects,” the agency wrote. “The cost of water quality treatment by municipalities would likely also increase without proper regulations controlling the discharge of manure into waters of the state. Additionally, the lack of regulations would have an adverse impact on recreational and tourism activities in the state.”


Nitrate pollution costs Iowans​


Alicia Vasto, the water program director for the Environmental Council, said she was glad to see these statements from the Iowa DNR and for the agency to propose stricter standards for CAFOs near karst.


“There are some incremental changes in this new rules package, but it's nowhere near the kinds of regulation we need to see in this state to protect public health and quality of life for Iowans,” she said.


The Environmental Council this week published a report called the “Cost of CAFOS” that summarizes some of the ways Iowans pay for poor water quality.


“If the current amount of nitrogen pollution from farm fields and CAFOs continues, Iowans will be responsible for paying up to $333 million over the next five years to remove nitrates from drinking water,” the report states.


The council pointed to a 2019 analysis in the journal Environmental Research that showed nitrate may be linked to thousands of babies being born early or facing very low birth weight. Cancers attributed to nitrate are estimated to be higher in Iowa than in neighboring states, according to the nonprofit Environmental Working Group.


Iowa also stands to gain $30 million a year in tourism spending by improving water quality, according to an Iowa State University analysis cited in the Environmental Council report.


Vasto expects the Iowa DNR’s proposed rules, viewed as a compromise between environmental groups and ag advocates, will be approved, since they already have gone through earlier public comment periods and have gotten buy-in from the Governor’s Office.

 
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Ooops!:

Within the last two months, the Iowa Department of Natural Resources has backtracked on its proposal for stricter regulations on animal-feeding operations near karst terrain.



A draft of a new Iowa Administrative Code Chapter 65 released in September required new confined animal feeding operations — or CAFOs — near karst terrain to have a greater barrier between manure basins and the porous soil common in Northeast Iowa.


But the version the Iowa DNR sent to the Environmental Protection Commission in mid-November did not include that provision.




“DNR considered changes to the vertical separation provision, but the various stakeholders were unable to come to a consensus within the parameters and timeframes required by Executive Order 10,” agency spokeswoman Tammie Krausman said in an email Thursday to The Gazette. “Therefore, no changes are being made to the vertical separation requirements.”


An article Thursday by The Gazette — which has been unpublished online — was based on the September proposal. The newspaper was unaware the proposal later had been updated by the agency, and as a result published incorrect information.


The nonprofit Iowa Environmental Council, likewise, also didn’t know “significant changes” had been made to the draft before it was finalized, participating in meetings with the Iowa DNR about the revision process.


“It would have been very nice to know the DNR was changing something we had petitioned on and commented on repeatedly,” said Michael Schmidt, an attorney for the Environmental Council, a nature advocacy group based in Des Moines. “It’s very disappointing to see the DNR back off at this point.”


The Gazette asked the Iowa DNR to explain when and why the changes were made, but the agency did not answer those questions Thursday. Krausman said the Iowa DNR posted the new version of the rules Nov. 15.


The Environmental Protection Commission, a nine-person, governor-appointed board that oversees environmental polices, will accept public comment on the revisions to Chapter 65 through Feb. 23 and vote in the spring.


Want a weekly dose of local environmental news?​


Sign up for the once-a-week Environment & Outdoor Newsletter written by your local environmental journalists Erin Jordan and Brittney J. Miller.
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Delivered to your inbox every Thursday






Gov. Kim Reynolds issued an executive order in January requiring all state agencies to review administrative rules to see if they were necessary, how much they cost and whether they could be pared down.


The Iowa DNR produced the cost-benefit analysis of Chapter 65 in September, saying in that report CAFO regulations are needed to protect human health, reduce cities’ water treatment costs and preserve tourism.


“While there are costs in complying with the regulations, the benefit to the environment outweighs the cost,” the Iowa DNR wrote.


The draft Chapter 65 released in September said new CAFOs proposed to be built between 5 and 15 feet from karst would have been required to have a 5-foot continuous layer of low-permeability soil, nonsoluble bedrock or a 2-foot synthetic clay liner.


Because karst soil is so permeable, there are concerns a manure leak or spill could quickly contaminate groundwater, streams or lakes.


The revisions sent to the EPC in November removed those additional separation requirements, but kept a change from the September version that says the Iowa DNR will adopt an 100-year flood plain map so developers will know where CAFOs can’t be built.


Krausman said the cost-benefit analysis doesn’t change even though the draft rules were changed.


“That analysis is based on the rules as a whole, not just the karst proposal,” she said. “The costs to a small number of facilities may be decreased slightly with the final karst proposal, but the benefit of the rules as a whole continue to outweigh the cost to comply with the rules.”


How to comment on new CAFO rules​


To submit written comments about the new Iowa Code Chapter 65, write to afo@dnr.iowa.gov by 4:30 p.m. Feb. 23.

Two public hearings will be held on the following dates:

Feb. 14: 1:30-3:30 p.m.; Wallace State Office Building, Des Moines

Feb. 19: 1:30- 3:30 p.m.; virtual meeting via Zoom. To get the link to the virtual meeting, write to afo@dnr.iowa.gov by 9 a.m. Feb. 19.

Revised Chapter 65 rules on animal-feeding operations by The Gazette on Scribd

 
Ooops!:

Within the last two months, the Iowa Department of Natural Resources has backtracked on its proposal for stricter regulations on animal-feeding operations near karst terrain.



A draft of a new Iowa Administrative Code Chapter 65 released in September required new confined animal feeding operations — or CAFOs — near karst terrain to have a greater barrier between manure basins and the porous soil common in Northeast Iowa.


But the version the Iowa DNR sent to the Environmental Protection Commission in mid-November did not include that provision.




“DNR considered changes to the vertical separation provision, but the various stakeholders were unable to come to a consensus within the parameters and timeframes required by Executive Order 10,” agency spokeswoman Tammie Krausman said in an email Thursday to The Gazette. “Therefore, no changes are being made to the vertical separation requirements.”


An article Thursday by The Gazette — which has been unpublished online — was based on the September proposal. The newspaper was unaware the proposal later had been updated by the agency, and as a result published incorrect information.


The nonprofit Iowa Environmental Council, likewise, also didn’t know “significant changes” had been made to the draft before it was finalized, participating in meetings with the Iowa DNR about the revision process.


“It would have been very nice to know the DNR was changing something we had petitioned on and commented on repeatedly,” said Michael Schmidt, an attorney for the Environmental Council, a nature advocacy group based in Des Moines. “It’s very disappointing to see the DNR back off at this point.”


The Gazette asked the Iowa DNR to explain when and why the changes were made, but the agency did not answer those questions Thursday. Krausman said the Iowa DNR posted the new version of the rules Nov. 15.


The Environmental Protection Commission, a nine-person, governor-appointed board that oversees environmental polices, will accept public comment on the revisions to Chapter 65 through Feb. 23 and vote in the spring.


Want a weekly dose of local environmental news?​


Sign up for the once-a-week Environment & Outdoor Newsletter written by your local environmental journalists Erin Jordan and Brittney J. Miller.
checkmark-yellow.png
Delivered to your inbox every Thursday






Gov. Kim Reynolds issued an executive order in January requiring all state agencies to review administrative rules to see if they were necessary, how much they cost and whether they could be pared down.


The Iowa DNR produced the cost-benefit analysis of Chapter 65 in September, saying in that report CAFO regulations are needed to protect human health, reduce cities’ water treatment costs and preserve tourism.


“While there are costs in complying with the regulations, the benefit to the environment outweighs the cost,” the Iowa DNR wrote.


The draft Chapter 65 released in September said new CAFOs proposed to be built between 5 and 15 feet from karst would have been required to have a 5-foot continuous layer of low-permeability soil, nonsoluble bedrock or a 2-foot synthetic clay liner.


Because karst soil is so permeable, there are concerns a manure leak or spill could quickly contaminate groundwater, streams or lakes.


The revisions sent to the EPC in November removed those additional separation requirements, but kept a change from the September version that says the Iowa DNR will adopt an 100-year flood plain map so developers will know where CAFOs can’t be built.


Krausman said the cost-benefit analysis doesn’t change even though the draft rules were changed.


“That analysis is based on the rules as a whole, not just the karst proposal,” she said. “The costs to a small number of facilities may be decreased slightly with the final karst proposal, but the benefit of the rules as a whole continue to outweigh the cost to comply with the rules.”


How to comment on new CAFO rules​


To submit written comments about the new Iowa Code Chapter 65, write to afo@dnr.iowa.gov by 4:30 p.m. Feb. 23.

Two public hearings will be held on the following dates:

Feb. 14: 1:30-3:30 p.m.; Wallace State Office Building, Des Moines

Feb. 19: 1:30- 3:30 p.m.; virtual meeting via Zoom. To get the link to the virtual meeting, write to afo@dnr.iowa.gov by 9 a.m. Feb. 19.

Revised Chapter 65 rules on animal-feeding operations by The Gazette on Scribd

Big Ag wins every fu***ng time in Iowa.
 
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Reactions: Here_4_a_Day
Terrace Hill will shoot this down if it actually gets close to being legislated.

Iowa Beef Council, Iowa Pork Producers, and the IFB will ensure that.
 
Why do you marxist phuckers think you can interfere with private landowners' ability and means of earning a living and building generational wealth?
 
My cabin is in the driftless area. It is well water, straight out of the bluff and there's farmland galore right above my place.

Let me just say I haven't drank nor cooked with the well water up there for almost 30 years now and leave it at that.
 
Iowa Farm Bureau has a lot of power. The IA pork industry survived and Illinois didn't. What is being put on land is also of considerable concern.
 
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