Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

For the first time, the U.S. Environmental Protection Agency (EPA) has overruled the Iowa Department of Natural Resources (DNR) on the state’s impaired waters list.

Pam Mackey Taylor, director of the Iowa Chapter of Sierra Club, explained in a Bleeding Heartland post from November that last year, the EPA objected to the impaired waters list the DNR submitted. The EPA added seven segments in the Cedar, Des Moines, Iowa, Raccoon, and South Skunk Rivers to the list, because DNR staff had not used all existing and readily available water quality data. The DNR had refused to add these seven segments during the preparation of the list, even after the EPA told them the omission of those segments would not be approved.

Before Sierra Club and two other ad hoc groups filed a lawsuit in 2000, Iowa had never prepared an impaired waters list, even though the federal Clean Water Act required the state to do so. As a result of that lawsuit, EPA created Iowa’s first impaired waters list. But the federal agency had not overruled the DNR’s submission of the state’s impaired waters list until last year.

EPA requested public comment on its proposed list, and specifically requested comment on the addition of the seven water segments. Comments were accepted through December 19, 2024. After reviewing those comments, EPA has now affirmed its previous decision to add the seven water segments.

EPA received 83 public comments on the agency’s decision to add the seven segments. Of those, 72 supported EPA’s decision, and eight comments broadly noted Iowa’s poor water quality, stating that more action needs to be taken to protect our water resources.

The Iowa Chapter of the Sierra Club and many of our members were among those who submitted supportive comments. The chapter said in its comments:

We support the EPA’s analysis that says that “data excluded from the state’s analysis must be based on a technical, science-based rationale and not rely solely upon Iowa’s “Credible Data Law.” DNR has been able to use the credible data law to hide the fact that some waters in Iowa are polluted and need to be put on the 303(d) list. The Credible Data Law has allowed DNR to keep the 303(d) list shorter than it should be. It therefore allows polluters to keep polluting.

The three comments opposing EPA’s decision came from the Iowa DNR, the Iowa Farm Bureau, and The Fertilizer Institute. Objections from the Farm Bureau and the Fertilizer Institute are disappointing, but not surprising. It is more disturbing when the DNR, instead of working to protect Iowa’s waters, continues to resist carrying out its duty to comply with the Clean Water Act and protect Iowa’s waters.

It is obvious that the water quality of Iowa’s rivers, streams and lakes is becoming perilously close to toxic levels of nitrates in drinking water sources in cities that draw their drinking water from those impaired rivers, streams and lakes. Therefore, it is extremely important for the Iowa DNR to complete Total Maximum Daily Loads (known as TMDLs).

TMDLs are plans that calculate how much pollution can be put into the water body and still maintain water quality standards. The DNR must also implement those plans, in order to reduce the nutrients in those waters.

Although the EPA carried out its duty to ensure the protections of the Clean Water Act this time, it is unlikely that the federal agency will be willing to do so during the next four years. Even so, Sierra Club will continue to advocate for clean water.

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Appendix: U.S. EPA Region 7 response to public comment on Iowa water quality segments