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Iowa DNR removes added karst protections from CAFO rules draft
An article in The Gazette, based on outdated draft, gave incorrect information
Erin Jordan
Nov. 30, 2023 5:46 pm
Within the last two months, the Iowa Department of Natural Resources has backtracked on its proposal for stricter regulations on animal-feeding operations near karst terrain.
A draft of a new Iowa Administrative Code Chapter 65 released in September required new confined animal feeding operations — or CAFOs — near karst terrain to have a greater barrier between manure basins and the porous soil common in Northeast Iowa.
But the version the Iowa DNR sent to the Environmental Protection Commission in mid-November did not include that provision.
“DNR considered changes to the vertical separation provision, but the various stakeholders were unable to come to a consensus within the parameters and timeframes required by Executive Order 10,” agency spokeswoman Tammie Krausman said in an email Thursday to The Gazette. “Therefore, no changes are being made to the vertical separation requirements.”
An article Thursday by The Gazette — which has been unpublished online — was based on the September proposal. The newspaper was unaware the proposal later had been updated by the agency, and as a result published incorrect information.
The nonprofit Iowa Environmental Council, likewise, also didn’t know “significant changes” had been made to the draft before it was finalized, participating in meetings with the Iowa DNR about the revision process.
“It would have been very nice to know the DNR was changing something we had petitioned on and commented on repeatedly,” said Michael Schmidt, an attorney for the Environmental Council, a nature advocacy group based in Des Moines. “It’s very disappointing to see the DNR back off at this point.”
The Gazette asked the Iowa DNR to explain when and why the changes were made, but the agency did not answer those questions Thursday. Krausman said the Iowa DNR posted the new version of the rules Nov. 15.
The Environmental Protection Commission, a nine-person, governor-appointed board that oversees environmental polices, will accept public comment on the revisions to Chapter 65 through Feb. 23 and vote in the spring.
Gov. Kim Reynolds issued an executive order in January requiring all state agencies to review administrative rules to see if they were necessary, how much they cost and whether they could be pared down.
The Iowa DNR produced the cost-benefit analysis of Chapter 65 in September, saying in that report CAFO regulations are needed to protect human health, reduce cities’ water treatment costs and preserve tourism.
“While there are costs in complying with the regulations, the benefit to the environment outweighs the cost,” the Iowa DNR wrote.
The draft Chapter 65 released in September said new CAFOs proposed to be built between 5 and 15 feet from karst would have been required to have a 5-foot continuous layer of low-permeability soil, nonsoluble bedrock or a 2-foot synthetic clay liner.
Because karst soil is so permeable, there are concerns a manure leak or spill could quickly contaminate groundwater, streams or lakes.
The revisions sent to the EPC in November removed those additional separation requirements, but kept a change from the September version that says the Iowa DNR will adopt an 100-year flood plain map so developers will know where CAFOs can’t be built.
Krausman said the cost-benefit analysis doesn’t change even though the draft rules were changed.
“That analysis is based on the rules as a whole, not just the karst proposal,” she said. “The costs to a small number of facilities may be decreased slightly with the final karst proposal, but the benefit of the rules as a whole continue to outweigh the cost to comply with the rules.”
How to comment on new CAFO rules
To submit written comments about the new Iowa Code Chapter 65, write to afo@dnr.iowa.gov by 4:30 p.m. Feb. 23.
Two public hearings will be held on the following dates:
Feb. 14: 1:30-3:30 p.m.; Wallace State Office Building, Des Moines
Feb. 19: 1:30- 3:30 p.m.; virtual meeting via Zoom. To get the link to the virtual meeting, write to afo@dnr.iowa.gov by 9 a.m. Feb. 19.
Revised Chapter 65 rules on animal-feeding operations by The Gazette on Scribd
Comments: (319) 339-3157; erin.jordan@thegazette.com