# Iowa Department Of Natural Resources



Events coming up the next two weeks

There’s a lot going on the next two weeks, so I put all the details after the jump.

Please post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know of an event I’ve left out.

I noticed on the Iowa Environmental Council’s newsletter that they are looking for a new program director:

The Iowa Environmental Council is in the process of establishing an air quality program area. The Council is seeking an individual to conduct research, engage in coalition building and public education and advise the Council on policy opportunities available to protect Iowa’s air quality. For job requirements, description, salary information and how to apply, go to: www.iaenvironment.org, and click on “job opening” on the gold sidebar. Please share this information with others.

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DNR extends comment period for Marshalltown coal plant air permit

Earlier this month, the Iowa Department of Natural Resources issued a draft air quality permit for the proposed coal-fired power plant near Marshalltown. There are big problems with the draft permit. For one thing, it does not regulate carbon-dioxide emissions, even though coal-fired power plants are a major source of greenhouse gases.

In addition, the draft permit does not regulate fine particulate matter (also known as particulate matter 2.5), which causes and exacerbates many respiratory illnesses. Fine particulate matter isn’t just a nuisance–it causes many premature deaths. You would think that an air quality permit would address an air pollution issue with major implications for human health.

The good news is that on Friday the DNR extended the public comment period for this air quality permit, thanks to numerous comments encouraged by the Sierra Club and other environmental groups. Mike Carberry of Green State Solutions forwarded the DNR’s press release to me:

Due to extensive interest, the public comment period for the draft air quality construction permits for the coal-fired power plant proposed by Interstate Power and Light for its Marshalltown facility-Sutherland Generating Station-has been extended to May 18. Public hearings will also be held in five additional cities.

Currently scheduled are four public hearings (two each at two locations):

March 16, 2:30 p.m. – 5 p.m., Iowa Veterans’ Home, Whitehill Chapel, 1501 Summit Street Marshalltown

March 16, 6:30 p.m. – 9 p.m., Iowa Veterans’ Home, Marshalltown

March 17, 3 p.m. – 5 p.m., Meskwaki Tribal Center, 346 Meskwaki Road, Tama

March 17, 7 p.m. – 9 p.m., Meskwaki Tribal Center, Tama

Due to the many comments received from particular areas of the state, additional public hearings have been scheduled in Council Bluffs, Davenport, Des Moines, Iowa City and the Waterloo/Cedar Falls area. Specific times and sites have not been determined at this point, but the hearings will likely be held in early May. As soon as that information is available it will be released to the public.

The public hearings are for the purpose of accepting comments only. Comments at the public hearings will be limited to five minutes. Presentations shall include a hard copy for inclusion into public record.

Comments may also be submitted in writing before 4:30 p.m., May 18, to Chris Roling, Air Quality Bureau, Iowa Department of Natural Resources, 7900 Hickman Road Ste 1, Urbandale, IA 50322 or emailed to chris.roling@dnr.iowa.gov.

All documents for this project are available on the DNR Air Quality Bureau’s Web site at http://aq48.dnraq.state.ia.us:…

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Please submit your comments on this draft air quality permit. Making this permit stronger in any way would reduce the adverse impact of this coal plant and might prompt the utility to abandon the project.

You can download a pdf file with talking points for your comments on the Iowa page of the Sierra Club’s website.

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Yes, the Waterloo coal plant is dead

On Saturday I asked whether the proposed coal-fired power plant near Waterloo was dead now that Dynegy has pulled out of a joint venture with LS Power and Associates.

I am pleased to bring you the answer to the question:

LS POWER AFFILIATE WILL FOREGO FURTHER DEVELOPMENT OF ELK RUN ENERGY STATION

01/06/2009

WATERLOO, IOWA (January 6, 2009) – LS Power affiliate, Elk Run Energy Associates, LLC, announced today that it will forego further development of the Elk Run Energy Station in Waterloo, Iowa.

Given the slowing load growth in the region due to the current downturn in the U.S. economy, and the fact that LS Power has more advanced projects under development in the region that could serve the same need, the Company will redirect its development efforts to other projects.

“Elk Run Energy has been a proud member of the Greater Cedar Valley community, and appreciates the unwavering support of so many individuals and organizations throughout the development process,” said Mark Milburn, Assistant Vice President of LS Power.

LS Power continues to develop a portfolio of coal, natural gas, wind and solar generation facilities and transmission projects with ongoing development activities in Arkansas, Arizona, Georgia, Michigan, Nevada, New Jersey, Texas, Virginia and other locations.

Did you catch that bit about “slowing load growth” in the region? That means that future electricity usage is projected to be lower than previously thought, because of the current recession. People are tightening their belts, and conserving energy is a good way to save money. We could do even more on this front with aggressive state or federal policies on energy efficiency.

Thanks again to all the environmental and community advocates who helped doom the Elk Run project. One coal-fired power plant down, one to go.

Will Alliant and its subsidiary IPL keep trying to build a new coal plant near Marshalltown? I don’t know, but it’s worth noting that Dynegy’s stock went up 19 percent the day they withdrew from the joint venture on developing new coal plants. Alliant’s stock price could use a shot in the arm right now.

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Is the Waterloo coal plant dead?

The Houston Chronicle reported on January 2:

Stingy credit markets and high regulatory hurdles have spurred Houston-based Dynegy to step back from new coal-fired power plant projects by ending a joint venture with LS Power Associates.

Dynegy will keep the right to expand its 27 existing coal, natural gas and oil-fired plants in 13 states, and it retains stakes in a pair of Texas and Arkansas coal projects.

But Dynegy will pay New York-based LS Power $19 million as part of the split and let it take full ownership of new projects under consideration in Arkansas, Georgia, Iowa, Michigan and Nevada.

Shares of Dynegy closed up 38 cents, or 19 percent, to $2.38 on Friday.

Dynegy Chairman and CEO Bruce Williamson said the power plant development landscape has changed since the company entered into the joint venture with LS in the fall of 2006. Funding new projects is much more difficult given the worldwide credit crunch and the possibility of new climate change legislation under the Obama administration.

“In light of these market circumstances, Dynegy has elected to focus development activities and investments around our own portfolio where we control the option to develop and can manage the costs being incurred more closely,” Williamson said in a statement.

Here is the Waterloo-Cedar Falls Courier’s take on the story:

The future of a proposed coal-fired power plant near Waterloo became a little cloudier Friday when Texas-based Dynegy Inc. announced that it and New Jersey-based LS Power Associates were dissolving their joint venture to develop that plant and others in several states.

The move transfers to LS Power full ownership and developmental rights associated with various “greenfield” projects in several states, including the 750-megawatt Elk Run Energy Station proposed for construction northeast of Waterloo.

[…]

Separation from Dynegy puts the Elk Run plans in doubt, said Don Shatzer, a member of Community Energy Solutions, which opposes the Elk Run Energy project.

“LS Power has no experience developing/operating coal plants and so is unlikely to proceed (without) a new partner,” Shatzer said in an e-mail note.

Bruce Nilles, director of the Sierra Club’s National Coal Campaign, shares Shatzer’s opinion, according to The Houston Chronicle.

This sounds quite promising, although neither the Houston Chronicle nor the Waterloo-Cedar Falls Courier were able to get a comment from LS Power on whether it will continue to pursue this project.

Incidentally, the Waterloo plant is not needed to meet Iowa’s energy demand; most of the electricity the plant would have generated would have gone out of state.

Many thanks to all those who have worked hard to prevent this plant from being built, notably the Waterloo-based grassroots organization Community Energy Solutions, the Sierra Club Iowa chapter, Plains Justice of Cedar Rapids, and the Iowa Environmental Council (with which I am involved).

Well-organized activists helped prevented LS Power from annexing some farmland for the coal-fired plant.

In March 2008, the Iowa Department of Natural Resources denied a construction permit for the project. Apparently the county zoning for that land was not in order, so the DNR concluded that LS Power “hadn’t met our requirement to have the full ability to put the power plant on that property.”

These small victories were not themselves enough to kill the project. However, the setbacks delayed the process until “external credit and regulatory factors that make development much more uncertain” prompted Dynegy to walk away.

Lesson for environmental activists: it is worth exercising every legal option to put up obstacles to a bad project.

Lesson for Alliant, which wants to build a new coal-fired power plant near Marshalltown: Dynegy’s stock shot up 19 percent in one day after they pulled out of the joint venture with LS Power. The market favors abandoning new coal projects. Dropping your plans to build a power plant near Marshalltown would not only be good for public health and the environment, it could boost your stock price.

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Events coming up this week

I haven’t posted an event calendar for the last couple of weeks, because there was hardly anything going on. Things are picking up again this week, however.

As always, post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know if an event I’ve left out, which would be of interest to the Bleeding Heartland community.

Monday, December 8:

Learning from the Floods of 2008: Practical Strategies for Resilience

Join the conversation December 8, 8:30 a.m. – 4:30 p.m, at a flood workshop at the Gateway Hotel and Conference Center in Ames. This workshop will explore the potential ways to mitigate future flooding and offer insights from experts in agriculture, water and land use, urban planning and government, and representatives from state and federal agencies. Sessions are planned on Flood 2008 realities; farming systems; urban systems and river systems. Sponsors for the event are the Leopold Center for Sustainable Agriculture at Iowa State University and the Center for Energy and Environmental Education at the University of Northern Iowa. The workshop is free but registrations must be received by Monday, December 1 at the conference web site: http://www.flood.leopold.iasta…  For more information, contact Jeri Neal, wink@iastate.edu, or (515) 294-5610. (Note: It may be worth calling first thing on Monday to see if you can get in, even past the registration deadline.)

IowaPolitics.com is hosting a panel discussion featuring Iowa’s legislative leaders and from 2:30 p.m. to 3:30 p.m. Confirmed panelists include House Majority Leader Kevin McCarthy and Senate Majority Leader Mike Gronstal. It will be located at the Iowa Historical Building, third floor, Classroom A & B. (Doors open at 2 p.m.) In theory, you were supposed to RSVP by December 1 if you wanted to attend, but it may be worth contacting Julie Rutz at 515.226.8774 or email rutz@IowaPolitics.com to see if there is still seating available. Free parking will be available in a ramp located directly North of the Historical Building on Grand Avenue.

If anyone goes to this forum, you might want to ask ask why the legislative leadership isn’t making local control (agricultural zoning) a priority, even though both parties’ platforms endorse the principle. I think I know the answer to that question, but I would be curious to know how the leaders answer.

On Monday evening from 6:30 to 8:00 pm, join One Iowa for the public premiere of “Our Story”, One Iowa’s short film featuring Iowans speaking out in favor of marriage for gays and lesbians. The screening will be at Fleur Cinema and Cafe, 4545 Fleur Drive in Des Moines. Come celebrate with us and don’t miss your chance to mingle with the stars! Light appetizers will be provided with a cash bar. Remarks by Senator Matt McCoy and Des Moines Register Columnist Rekha Basu.

RSVP here: http://eqfed.org/oneiowa/event…

For more information, contact One Iowa at (515) 288-4019 or organize@oneiowa.org

Tuesday, December 9:

The Iowa Supreme Court will hear oral arguments in a marriage equality case (Varnum v. Brien):

Join One Iowa across the state to celebrate and learn more about this historic opportunity for equality. Given the interest in the case and limited capacity, we anticipate that there will not be enough seating for everyone in the Supreme Court chamber.  To accommodate growing interest from our supporters, One Iowa has planned several “watch parties” across the state!

Tuesday, December 9, 2008 – 9:45 – 11:30 AM

Des Moines Watch Party – Des Moines Public Library, 1000 Grand Avenue

Ames Watch Party – ISU Memorial Union, Gallery Room (3rd Floor), 2229 Lincoln Way

Iowa City Watch Party – Iowa City Public Library, 123 South Linn

We are making every effort to ensure a live-feed at each of these locations; but due to technology limitations and previous experiences in other states, we cannot make any guarantees on the quality of the live-feed. Regardless, this will be a great way for our supporters to gather for a truly historic event!

If you can’t watch the Supreme Court arguments live, One Iowa is organizing a “Making the Case” Des Moines Reception on Tuesday from 6:30-8:00 pm at the Pappajohn Center, 1200 Grand Avenue in Des Moines. Join us in the evening for a reception to discuss this historic event with remarks by Camilla Taylor, Lambda Legal’s senior attorney on the case. If the district court ruling is upheld, it will provide gay and lesbian couples the freedom to marry; full marriage equality in Iowa. Wine and hors d’oeuvres provided.

Also on December 9, James Patchett, landscape architect, hydrologist and founder/president of the Conservation Design Forum in Chicago, will explore peoples’ cultural relationships to land and water resources. His presentation will be from 4-5:30 p.m. at the UNI Center for Energy & Environmental Education in the Auditorium (Cedar Falls). It is free and open to the public. Patchett will present case studies that show how to apply sustainable development practices of green roof technologies, porous pavements, bio-retention systems, and integration of native landscapes. For more information, go to http://www.ceee.uni.edu.

From the Sierra Club e-mail list:

Conference to Assist Those Planning to Circumvent Disaster from Future Weather Events Will Be Held December 9-11 in Coralville

Learn from the experience of those impacted by natural disasters, their recovery, the regulatory issues involved, the rebuilding process, and an exploration of strategies to consider prior to reconstruction. Attend the Iowa Disaster Recovery Conference scheduled for December 9 and 10 at the Marriott Coralville Hotel & Conference Center. An optional community design workshop led by design professionals will be held December 11 at the same location.

Three concurrent breakout sessions tracks are offered for Natural Disaster Recovery, Regulatory Compliance, and Sustainability/Green Design. Keynote speakers are Bob Dixon of Greensburg, Kansas, and former Maryland Governor Parris N. Glendening, President, Smart Growth Leadership Institute.

Conference agenda and registration are available at www.iowalifechanging.com/register .

This conference is sponsored by Department of Economic Development, Rebuild Iowa Office, Department of Natural Resources, Iowa Waste Reduction Center.

Wednesday, December 10:

Join One Iowa and Lambda Legal for a “Making the Case” townhall forum in Cedar Rapids to celebrate and discuss the oral arguments before the Iowa Supreme Court in the landmark Varnum v. Brien case. The event will take place from 6:30-7:30 pm at CSPS/Legion Arts, 1103 3rd St SE in Cedar Rapids.

Thursday, December 11:

One Iowa and Lambda Legal are holding a “Making the Case” townhall forum from 6:30-7:30 at  Davenport Unitarian, 3707 Eastern Ave in Davenport.

Friday, December 12:

The Iowa Commission on the Status of Women is organizing a lunch and learn:

Bring your lunch and join the discussion regarding violence against college women. Presenters will be Annette Lynch with the Iowa Regent’s Campus Violence Prevention Project and Karen Mitchell with the SAVE* Forum Actors, University of Northern Iowa . The panel will be moderated by Rachel Scott, ICSW division administrator.

Friday, December 12th

12 noon – 1 p.m.

Lucas State Office Building 6th Floor Cafeteria

321 East 12th Street, Des Moines

Free and open to the public

Iowa Department of Natural Resources (DNR) has scheduled a meeting at 1:00 pm in the Wallace State Office Building (5th floor), 502 East 9th Street in Des Moines, to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. Background from the Iowa Environmental Council:

New Water Rules Proposed

Citizen Comments Important!

The Iowa Department of Natural Resources (DNR) has scheduled nine meetings in December and January to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. It is important that citizens attend the meetings or send written comments in support of these protective rules.

These new water rules, called Antidegradation, refer to regulations that significantly increase protections for all rivers, streams and lakes and keep water quality from worsening.  Under the federal Clean Water Act, each state must adopt antidegradation rules for their rivers, streams and lakes.  The Iowa Department of Natural Resources (DNR) is currently in the process of proposing antidegradation rules for Iowa waters and is asking for public comments that will help determine how protective (or lax) these rules will be.  That is why it’s important that concerned Iowans participate in this process.

In addition to strengthening protections for all rivers and lakes the proposed rules include an initial list of more than 50 waters with exceptional recreational or ecological significance to receive special designation and protection as Outstanding Iowa Waters, including West Lake Okoboji, Spirit lake, Wapsipinicon River, Maquoketa River, and French Creek.

How you can help

1)      Learn about antidegradation policy, frequently asked question, talking points and much more, by reading the documents posted on this section of our website (http://www.iaenvironment.org/Antidegradation1.htm).  Don’t feel like you have to be an expert on antidegradation policy.  If you have questions after reading these documents, call or email Susan Heathcote, water program director for the Iowa Environmental Council.  515-244-1194, ext 205.  Heathcote@iaenvironment.org.

2)      Attend a public comment meeting and speak up in support of the antidegradation rules as proposed by the Iowa DNR.  Meetings will be held in December and January.  For a list of dates and locations, go to http://www.iaenvironment.org/w…

Antidegradation rules have been a required component of all state’s Water Quality Standards since 1972 as part of the federal Clean Water Act and have never been fully implemented in Iowa. These rules are a top priority for the Iowa Environmental Council and we are glad the Iowa DNR has finally begun rule making on these important rules.

These rules will allow Iowa to grow sensibly and sustainably by ensuring that new pollution will be allowed into Iowa’s rivers, lakes and streams only if it will not harm existing uses of those water bodies and is truly necessary to achieve important social and economic goals of the people of Iowa.

An especially critical part of these new rules are two new designations for Iowa’s highest quality waters called Outstanding Iowa Waters (OIW) and Outstanding National Resource Waters (ONRW). These new designations require stringent protections against permitting any new sources of pollution that would lower water quality. Currently the Iowa Great Lakes in Dickinson County (including West Lake Okoboji, Big Spirit Lake, East Okoboji Lake, Lower Gar, Upper Gar and Minnewashta) and Dalton Lake in Jackson County are proposed for OIW designation. Also proposed for OIW designation are 46 stream segments (mostly cold  water streams in Northeast Iowa), including portions of the Wapsipinicon River, Maquoketa River, French Creek, Sny Magill Creek, Trout Run, and Waterloo Creek.

Plains Justice is holding a holiday open house at its Cedar Rapids office from 4 to 6 p.m.:  

We have a lot to celebrate, including our second anniversary in November, the addition of several great new staffers, board and advisory board members this year, and getting back on our feet after the flood.  We’re so grateful for the support of all our friends and colleagues.

Our office is at the corner of 1st Avenue and 1st Street SW, on the west side of the Cedar River next to I-380, on the second floor.  We’d love to see you.

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DNR should strictly limit pollutants from proposed coal plant

Ever since the Iowa Utilities Board voted 2-1 to approve Alliant’s application to build a new coal-fired power plant outside Marshalltown, environmentalists have been hoping the Iowa Department of Natural Resources would be strict when issuing a draft air permit for the plant.

Coal-fired power plants are not only a major source of carbon-dioxide emissions that contribute to global warming, they are also one of the leading sources of fine particulate matter linked to asthma and other respiratory problems.

Neila Seaman, director of the Sierra Club’s Iowa Chapter, wrote an op-ed column published in the Des Moines Register on Monday, and she doesn’t sound optimistic about the DNR’s likely action in this case:

To regulate greenhouse gases and particulate matter 2.5, the DNR should require Alliant to perform a “best available control technology” analysis, known as a BACT analysis. The analysis considers all control technologies available on the market, evaluates what would control the pollutants for this type of facility and takes into account the technology already installed to control the pollutant. With that information, the best technology installed is used to set limits. The limits that are set in the permit would result in the best control of that pollutant. Without this analysis, the permits will not control the pollution from particulate matter 2.5 and greenhouse gases at all.

In other words, without the best-available-control-technology analysis, there will be no regulation of the pollutant in the air permit. With no regulation in the air permit, Alliant will be able to spew unlimited amounts of greenhouse gases and particulate matter 2.5 into the atmosphere.

Currently, the DNR appears to be unwilling to require a best-available-control-technology analysis, asserting rules specifically regulating these pollutants are not in place. The Iowa Chapter of Sierra Club respectfully disagrees. The DNR also maintains that particulate matter 10 – a larger soot particle – is being regulated and, therefore, there is no need to regulate particulate matter 2.5. Although the DNR does control limits on particulate matter 10, particulate matter 2.5 is much smaller in size and a more serious health hazard, but will not necessarily be controlled by the particulate matter 10 limits.

Federal regulations from the Environmental Protection Agency, recent court decisions, and even DNR’s own regulations require regulation of particulate matter 2.5 and greenhouse gases. And yet, it appears the DNR is not going to require a best-available-control-technology analysis for particulate matter 2.5 and for greenhouse gases.

I don’t understand why the DNR would decide against regulating the fine particulate matter produced by this plant, given the proven impact of emissions from coal facilities on public health.

Let’s hope Seaman’s pessimism turns out to be unfounded.

Speaking of the coal plant, I contacted the Iowa Utilities Board to find out whether its chairman, John Norris, plans to serve out his term, which expires in 2011. (His wife Jackie Norris recently accepted an offer to become First Lady Michelle Obama’s chief of staff.) Staff at the Iowa Utilities Board told me Norris has not announced a decision. I will write a separate post for this blog once I hear whether he plans to stay or go.

UPDATE: Thanks to Bleeding Heartland user RF for pointing me to this Des Moines Register article:

Iowa Utilities Board Chairman John Norris, whose wife has been named chief of staff to incoming first lady Michelle Obama, said Monday he is interested in an appointment to the Federal Energy Regulatory Commission.

Norris, a veteran Democratic campaign operative, said he would consider serving on the commission or as chairman of the agency with jurisdiction over electricity sales, wholesale electric rates and other energy sales regulation. […]

“It would be fair to say I’m interested in either FERC chairmanship or a commissioner spot,” Norris said. “There are other things I’m interested in and the transition team is rightly focused on filling Cabinet posts and putting together an administration. I’m respecting their timetable and would consider whatever position in the administration where I can be most helpful.”

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