Erin Jordahl, of the Iowa Chapter of the Sierra Club , said Iowa's more
relaxed standards could leave many rivers and lakes - and most wetlands -
off the new version.


"I don't think there is any question that we're going to see a smaller
list," Jordahl said.


The Sierra Club has been running radio ads this week criticizing the state
for failing to adequately protect its polluted waters and accusing the
state of violating the federal Clean Water Act.


   EPA list of impaired waterways could generate controversy
   By TODD DVORAK

   05/15/2002
   Associated Press Newswires
   Copyright 2002. The Associated Press. All Rights Reserved.


   IOWA CITY, Iowa (AP) - Environmentalists say Iowa is sending the
   Environmental Protection Agency a clear invitation to meddle in the way
   the state measures and restores its polluted waterways.


   The Iowa Department of Natural Resources is working under its own new
   standards to compile a new list of lakes, rivers and wetlands it
   considers impaired.


   The current list identifies 157 waterways for failing to meet drinking,
   swimming or aquatic life standards due to a build up of sediment and
   silt, farm nutrients, chemicals or manure.


   Erin Jordahl, of the Iowa Chapter of the Sierra Club , said Iowa's more
   relaxed standards could leave many rivers and lakes - and most wetlands
   - off the new version.


   "I don't think there is any question that we're going to see a smaller
   list," Jordahl said.


   The Sierra Club has been running radio ads this week criticizing the
   state for failing to adequately protect its polluted waters and accusing
   the state of violating the federal Clean Water Act.


   In addition, the Sierra Club and the Iowa Environmental Council are
   considering whether to press sympathetic lawmakers into introducing a
   bill in the upcoming special session repealing the so-called Credible
   Data Law.


   "I know it's not what they are calling the special session for, but it's
   going to take legislative action now or in the future to really fix this
   problem," said Susan Heathcote, of the Iowa Environmental Council.


   The measure, added by farm and livestock groups as part of the 2000
   Clean Water Initiative, prohibits the DNR from using the professional
   judgment of scientists or data that is older than five years in
   determining whether a river qualifies as impaired.


   Critics say professional judgment has been used for years by state and
   federal agencies to evaluate whether a lake or stream can meet use
   standards.


   "Sometimes it's pretty obvious if a water body is not or cannot meet
   standards for drinking, swimming or can't support fish or other aquatic
   life," Heathcote said.


   The law is the foundation for the standards the DNR is developing for
   assessing streams and lakes and compiling its new list, said Chris Van
   Gorp, with the DNR's water quality bureau.


   "We do think the (law) will make our list better," Van Gorp said. "We
   will have a more valid reason for putting waters on the list now. Some
   were on the list previously, but we never really knew why."


   The DNR has until Oct. 1 to submit its list to the EPA for review.


   Paul Schwaab, of the EPA's water quality standards division, declined to
   comment on Iowa's process for listing impaired waters. Schwaab said
   states were given the flexibility to develop their own criteria and Iowa
   has been working with the EPA to do that.


   "If there is some question on a particular water body, we don't sit back
   in isolation," he said.


   The EPA has 30 days to approve or reject the list, then another 30 days
   to amend it.


   Heathcote said the Clean Water Act and past legal action in Iowa all but
   ensure that the EPA will get involved directly in the final version of
   Iowa's list.


   Three Iowa conservation groups sued the EPA three years ago, claiming
   that the agency wasn't enforcing Clean Water rules requiring states to
   identify impaired waters and develop and follow through on clean up
   plans.


   The lawsuit was settled last year, and one outcome was a requirement
   that Iowa and other states develop a schedule for filing cleanup plans
   on those impaired waters.


   "There is a court order that forces the EPA to back up Iowa if the state
   is not doing what it should be doing with the bodies on the current
   list," Heathcote said. "I'd say this is something that could be a real
   mess."

A similar story appeared in the Sioux City Journal on Thursday.


Erin Jordahl
Director, Iowa Chapter Sierra Club
3839 Merle Hay Road, Suite 280
Des Moines, IA 50310
515-277-8868
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