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 [log in to unmask] [log in to unmask]