Missouri DNR Impaired Waters Listing Action

EPA Region 7 has released its proposed decision on Missouri’s 2012 list of impaired waters. EPA is approving Missouri’s listing of 253 waters as impaired, and the removal from the list of 66 water bodies. The Agency is requesting public comment on its proposed decision to restore a total of 10 water bodies and corresponding pollutants to Missouri’s 2012 impaired waters list. The Missouri Department of Natural Resources (DNR) submitted its 2012 impaired waters list to EPA for review and approval. The Clean Water Act and federal regulations require EPA to review the state’s list to determine if the state reasonably considered existing and readily available water quality-related data and information, and reasonably identified waters to be listed.

EPA is proposing to restore several water bodies that were excluded from listing or removed from Missouri’s list. These proposed additions to the list include waters found to be impaired by sediment, bacteria, ammonia and other pollutants. The 60-day public comment period on EPA’s proposed decision begins today. The comment period ends September 12, 2012.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Water Quality Monitoring Grant To Nebraska Tribe

EPA Region 7’s Office of Tribal Affairs has awarded a $39,942 performance partnership grant to the Santee Sioux Nation of Nebraska to support the tribe’s water quality monitoring and protection efforts. EPA’s grant, expressed through a cooperative agreement, provides administrative flexibility and support to the tribe’s Office of Environmental Protection, which has conducted water quality monitoring under the federal Clean Water Act since 1996.

Under this grant, the tribe will continue to monitor groundwater, fish tissue, wetlands, streams and ponds on the reservation. The Office of Environmental Protection will analyze data to identify issues of interest or concern for future monitoring, and will use data to inform the tribal council and its people on the water quality of the reservation.

EPA provides financial assistance to states and tribes to help them implement environmental programs. States and tribes may receive these funds in individual environmental program categorical grants, or choose to combine grants in a performance partnership grant (PPG). PPGs, such as the one awarded to the Santee Sioux Nation of Nebraska, streamline administrative requirements, give states and tribes greater flexibility to direct resources to their most pressing environmental problems, and make it easier to fund efforts that cut across program boundaries. The Santee Sioux Nation of Nebraska is one of nine federally recognized tribes within EPA Region 7.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Findings On Review Of Iowa DNR CAFO NPDES Program

The US Environmental Protection Agency (EPA) has issued initial findings from an informal investigation of the Iowa Department of Natural Resources’ (IDNR) permit program for concentrated animal feeding operations (CAFOs) and has identified several correctable deficiencies. EPA’s investigation was carried out in response to a petition for withdrawal of the National Pollutant Discharge Elimination System (NPDES) program authorization from IDNR that was filed in 2007 by the Iowa Citizens for Community Improvement, Sierra Club and the Environmental Integrity Project. Federal regulations allow interested parties to file these petitions when they are concerned that a state is not meeting the minimum NPDES program requirements.

EPA’s initial findings identify deficiencies in IDNR’s NPDES program that the state agency will need to correct. Among others, EPA found that IDNR does not have an adequate program to assess whether unpermitted CAFOs need NPDES permits. The findings also note that IDNR must clarify its authority to issue NPDES permits to confinement (roofed) CAFOs that discharge. EPA also found that in a number of cases involving Clean Water Act (CWA) violations, IDNR failed to take timely and adequate enforcement actions, and assess adequate penalties.

The issuance of the initial report is the first step in the process in which EPA will work with IDNR to correct the deficiencies. EPA has asked that IDNR provide a written response to the report, within 60 days, describing the actions IDNR has taken or will take to correct the deficiencies, including a proposed plan and timeline to address the deficiencies. EPA intends to provide an opportunity for the public to comment on IDNR proposals to correct the deficiencies.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.
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Approval Of NDEQ New And Revised Water Quality Standards

EPA has completed its review of the Nebraska Department of Environmental Quality’s new and revised water quality standards. EPA’s June 22, 2012, decision letter provides a more detailed description of EPA’s review. The Clean Water Act (CWA) requires states to review water quality standards every three years and submit new or revised standards to EPA for review and approval.

The approved standards include:

• new and revised surface water criteria to protect aquatic life and human health;
• new and revised public drinking water supply criteria;
• numeric nutrient criteria for lakes; and
• new use designations for four lakes.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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EPA Public Meeting On CAFO Inspections In Nebraska

EPA Region 7 representatives will host a public informational meeting for livestock producers about the Agency’s inspection program for concentrated animal feeding operations (CAFOs) on Monday, July 2, in Lexington, Nebraska. EPA Region 7’s inspections are part of an increased national emphasis on reducing discharges of pollutants from CAFOs into rivers and streams.

Topics at the meeting include:

• selection of CAFOs for inspection,
• aerial overflights to assess CAFOs,
• winter feeding areas,
• manure stockpiling and
• nutrient management plans.

There will be an opportunity for attendees to interact with EPA officials during a question-and-answer session.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Reports Released On Condition of Minnesota Wetlands

The Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Natural Resources (DNR) jointly issued reports on into the prevalence and condition of Minnesota wetlands. The initial survey on wetland quality, which focused on depressional wetlands such as marshes and ponds, showed that the plant communities in nearly half of the wetlands were in poor condition, while aquatic macroinvertebrates (such as aquatic insects, leeches and snails) fared much better.

The two reports provide a comprehensive view of the current status of wetlands in Minnesota. In the northeastern region of the state, the majority of pre-settlement wetlands still exist, and a large percentage are in good condition. However, in the western and southern parts of the state, where many wetlands have been lost, those that remain are generally in poor condition.

Findings of the survey included:

• Minnesota has 10.6 million acres of wetlands, which comprise 19.7 % of the state’s land cover, not counting deep lakes and rivers.
• Plant communities are in good condition in only 29 % of Minnesota’s depressional wetlands, while 25 % are in fair condition and 46 percent are in poor condition.
• Macroinvertebrate communities are in better condition with estimates of 47 % good, 33 % fair, and 20 % poor.
• Forested wetlands make up 4.4 million acres and are the most common wetland type in Minnesota, followed by emergent wetlands (shallow marshes, wet meadows), shrub swamps, and deep marshes/ponds.

In 2006, the State started the wetland monitoring program to assess status and trends of both wetland quantity and quality. Sampling for both the wetland quantity and quality monitoring programs is done on a repeating, multi-year cycle.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Kansas KDHE Impaired Waters List Approved

In a June 5, 2012, decision letter, EPA has approved the Kansas list of impaired waters, which removes 561 waters from the previous impaired waters list and adds 121 waters. This decision brings the total number of impaired waters in the state to 1,330.

The Kansas Department of Health and Environment (KDHE) submitted its impaired waters list to EPA for review and approval as required by the Clean Water Act. The act requires EPA to review the state’s list of impaired waters to determine if the state reasonably considered available water quality-related data, and identifies waters to be listed.

A water body is placed on the impaired waters list when monitoring finds that pollutant levels prevent the lake, river, or stream from attaining its beneficial uses. Beneficial uses in Kansas include human recreation, agricultural water supply, and maintaining healthy aquatic life.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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