New anti-degradation regulations effective today despite criticism


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A construction site on the Iowa River near Dubuque Street in Iowa City, Iowa. (Jenna Ladd/CGRER)
Jenna Ladd | August 12, 2016

Major changes to Iowa’s water quality protection rules are effective today, following a decision by the Environmental Protection Commission (EPC) on Wednesday.

The Environmental Protection Commission, an agency that oversees the Iowa Department of Natural Resources (DNR), voted to change anti-degradation rules this week despite criticism from two Iowa environmental groups. Under previous regulation, construction projects that would pollute Iowa’s waterways were required to perform a three-part analysis of the project, including a cost-benefit analysis that considered pollution-reducing alternatives.

After a District Court judge ruled that DNR failed to enforce anti-degradation regulation in March, The Iowa Association of Business and Industry, the Iowa League of Cities, and the Iowa Association of Municipal Utilities petitioned for changes to water pollution standards. Proponents of the changes say that the cost-benefit analysis was too unclear and expensive for businesses looking to build or expand operations. Under new rule, cost-benefit analysis is no longer required.

The Iowa Environmental Council and the Environmental Law & Policy Center argue that the regulation change fails to consider the environment, ignoring the value of pollution reduction and economic cost of contaminated water. Environmental Law & Policy Center attorney Josh Mandelbaum said EPC rushed the decision, “This is the fastest I’ve seen rule-making move.”

The formation of previous water pollution and anti-degradation rules took regulators two years and involved stakeholders from municipalities, industry, and concerned citizens. In contrast, the establishment of new regulations spans a five month period. Mandelbaum added, “DNR has made no effort to bring stakeholders together to address these changes, and as a result, the final rules have significant problems.”

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