The Scott County Board of Supervisors will vote August 19 on a proposed major expansion of a Grandview Farms Inc., a confined animal feeding operation owned by Thomas Dittmer. The supervisors' public hearing on the matter drew large numbers of supporters and opponents earlier this month. The Iowa Department of Natural Resources has authority to issue permits, but the county's recommendation may influence the DNR's decision on the expansion. If approved, the CAFO could nearly double its annual production of hogs from 80,000 to 150,000.  

Scott County officials who reported to the supervisors gave the CAFO expansion proposal 480 on the "master matrix" evaluation system, where 880 is the maximum number of points and 440 is needed to pass. However, Iowa Citizens for Community Improvement disputes that score on several grounds:  

Factory farm operator Tom Dittmer discharged manure into a tile line that runs into a tributary of Hickory Creek, a state waterway, according to preliminary test results obtained by the Iowa Department of Natural Resources (DNR) during a site survey conducted last Friday [August 6].  

Iowa Legislative Code 459.311(1); 567 and Iowa Administrative Code 65.2(3) both state, "A confinement feeding operation shall not discharge manure directly into water of the state or into a tile line that discharges into a water of the state."  

"We have a documented discharge from the confinement to a tile line," Dennis Ostwinkle, Supervisor of the Iowa DNR's Field Office in Washington, said in an email correspondence with Iowa CCI Tuesday.  

The DNR field investigation was prompted in part by complaints filed by the Quad City Waterkeepers, Illinois Citizens for Clean Air and Water, and Iowa CCI.  According to Ostwinkle, the field tests were submitted to the University of Iowa Hygenics Lab for further testing. If the preliminary field tests are confirmed, the violation could force a deduction of an additional 25 points from Dittmer's Master Matrix score. Scott County Iowa CCI members have already identified 160 points that should be deducted from the Master Matrix score.

While water pollution is a primary concern of those who oppose CAFO expansions, large hog lots can also compromise air quality. As Paul Deaton discussed at Blog for Iowa, CAFOs near industrial areas pose a particular risk:  

According to the 2010 State of the Environment report from the Iowa Department of Natural Resources, "In Iowa, most fine particle pollution forms in the atmosphere when ammonia (from animal feeding operations, fertilizer application and other natural sources) combines with sulfuric or nitric acid (from power plants, automobiles and other combustion sources) to create tiny particles."  

Expanding the amount of ammonia emitted in Scott County, which the additional capacity of Dittmer's hog lot would do, combined with the heavy industry already there would create additional fine particulate matter. It is a formula for trouble as it pertains to human health.  

It works like this: ammonia from livestock operations is emitted into the atmosphere where it combines with sulfuric or nitric acid emitted from burning coal and creates fine particulate matter which gets into the lungs of people and causes significant health problems in the form of increased incidence of asthma, cardio-respiratory problems and increase morbidity and mortality.

Let's not talk about the fact that Davenport and neighboring Muscatine and Rock Island Counties were identified by the United States Environmental Agency as being in non-attainment for fine particulate matter. During the phase in of testing for fine particulate matter, Scott and Muscatine Counties were identified as being in non-attainment according to newly promulgated standards.

Congressman Bruce Braley, who represents Scott County, is a friend of Dittmer and "submitted a letter in support of the expansion,&quot. State Senator Joe Seng of Davenport has not taken a position for or against the proposal.  

Seng said he was “sort of sitting on the fence” about the project. But as chairman of the Agriculture and Natural Resources Budget subcommittee, he believes funding needs to be restored for odor quality research.

Wrong answer, Senator Seng. The “odor-study bill” approved by Iowa legislators in 2008 was a waste of time and money, because Iowa taxpayers already paid to study this issue, and research conducted in other states has identified “cost effective ways to mitigate odor” from hog lots.

If you live in Scott County and are concerned about the potential increase in air and water pollution, please consider contacting the five members of the Board of Supervisors before Thursday, August 19. Phone calls or old-fashioned letters are harder to ignore than e-mails.

LATE UPDATE: The Scott County board of supervisors approved the planned CAFO. Molly Regan, a former former Soil and Water Commissioner for the county, has more on this story at Blog for Iowa.

For 25 years, American Rivers has released annual reports on “America’s Most Endangered Rivers.” Only one waterway in the Midwest made the group’s top ten list for 2010: Iowa’s Cedar River, which came in at number 5. American Rivers comments:

The Cedar River harbors globally rare plant communities, provides critical habitat for fish and wildlife, and is a popular destination for paddlers and anglers. However, outdated flood management and poor watershed planning are impacting public health and safety by causing pollution and increasing the risk of flood damage. The Army Corps of Engineers must prioritize lower cost, non-structural flood management solutions on the Cedar River. These natural solutions will help reduce flood damage, improve water quality, restore fish and wildlife habitat, and provide recreational opportunities and economic benefits while saving taxpayer dollars.

Go here to download a factsheet with more information about the Cedar River and why it’s “endangered.”

Perry Beeman posted the full press release from American Rivers at the Des Moines Register’s blog. Excerpt:

“We have an opportunity to learn from the devastating floods of 1993 and 2008 and rebuild smarter and stronger. We need to incorporate non-structural, natural solutions that provide flood protection, improve water quality, enhance fish and wildlife habitat, and provide recreational opportunities and economic benefits to local communities,” said Sean McMahon, state director of The Nature Conservancy in Iowa.

“It is time for Iowans to insist that state and federal flood protection policies work to reduce flood damage by moving people and structures out of harms way, allowing the flood plain to perform its natural function to absorb and slow the river’s flow during future floods,” said Susan Heathcote with Iowa Environmental Council.

“The newly-organized Cedar River Watershed Coalition has recognized the need to take a holistic approach to watershed management by reaching across city and county jurisdictions to take a whole watershed approach to flood mitigation and river restoration.  This innovative group of concerned individuals and communities is committed to working together to reduce the impacts of flooding in the watershed and to improve water quality in the Cedar River,” said Rosalyn Lehman with Iowa Rivers Revival.

By 2008, the Cedar River had had two 500-year floods within 15 years. Rain falls on a radically changed landscape: plowed fields have replaced tall grass prairies; streams and creeks have been straightened; 90 percent of wetlands have been destroyed; floodplains have been filled and developed; and flows have doubled in just the last half century. Even without factoring in possible effects of climate change, which would exacerbate the problems, the landscape changes will bring more frequent and severe floods. The communities along the Cedar River deserve better, 21st century flood protection solutions to ensure public safety and river health.

The Cedar River, a tributary to the Mississippi River, provides drinking water to more than 120,000 residents, and roughly 530,000 people live and work in the Cedar River watershed. The primary land use in the watershed is agriculture and the river is a popular place for boating and fishing. The river is home to globally rare plant communities and fish and wildlife, including two species of endangered mussels.

In response to the devastating floods of 2008, the Iowa legislature passed a bill in 2009 requiring the Water Resources Coordinating Council to draft recommendations on “a watershed management approach to reduce the adverse impact of future flooding on this state’s residents, businesses, communities, and soil and water quality.” The WRCC submitted those recommendations in November 2009.

Unfortunately, Iowa legislators proved unwilling during the 2010 session to take even baby steps on floodplain management. A bill much weaker than the WRCC recommendations passed the Iowa Senate but never made it out of subcommittee in the Iowa House. The League of Cities, among others, lobbied against the measure. But don’t worry, if any of those cities experience a catastrophic flood, their lobbyists will urge legislators to send plenty of state taxpayer money their way.

I would like to see more cities adopt Davenport’s model for co-existing with a river:

In a nation that spends billions annually on structural flood protection (and billions more when the levees fail) Davenport is the national model for a more cost effective and environmentally responsible approach. We are the largest city in the nation on a major river without a system of levees and pumps for “flood control”. We’ve never had them.  And we don’t want them. Instead of viewing the grand Mississippi as just another storm sewer, we treat it appropriately, with a broad floodplain in (99%) City ownership, now the focal point of our “River Vision” plan. The River Vision plan, developed in conjunction with our southern shore partner, Rock Island, Illinois, is the only bi-state riverfront brownfield redevelopment plan of its kind in the nation. Developed with the extraordinary public input of more than a thousand citizens, the plan is guiding the riverfront revitalization of the historic core of the Quad Cities, and has garnered the nation’s “Most Livable Small City” award from the US Conference of Mayors.  In the historic 2008 Iowa floods, Davenport outperformed every city in the state. We even continued to play baseball at our riverfront ballpark as it became an island in the river. In 2009, our unique approach to floodplain management merited review by the National Academy of Science.  A nine minute video of Davenport’s resilience through the 2008 floods is accessible online.

The University of Iowa’s Center for Global and Regional Environmental Research, in cooperation with other groups, has organized a series of seminars on “The Anatomy of Iowa Floods: Preparing for the Future.” The first of the free seminar series took place in Des Moines in March. After the jump I’ve posted the schedule and agenda for future seminars in Burlington, Cedar Rapids, and Waverly this month, and in Mason City and Ames in July.

If you care about protecting Iowa waterways, please consider joining any or all of the following groups: Iowa Environmental Council, Iowa Rivers Revival, Nature Conservancy in Iowa, and the Sierra Club Iowa chapter.

I wish I had better news to share on Earth Day, but the Iowa Department of Natural Resources issued its annual State of the Environment report this week, and it’s not encouraging for people who like to breathe air and drink water. From Perry Beeman’s report in the Des Moines Register:

Last year culminated a three-year run in which air pollution exceeded health thresholds 125 times – up 33 percent from the previous three-year reporting period.

[Iowa DNR Director Richard] Leopold said that’s disturbing as production was down at many factories because of the economy.

Most of the problem: fine particles from hog confinements, cars and power plants, whose emissions blend ammonia and sulfuric or nitric acid in the air.

Fine particulate matter, also known as PM 2.5, has been linked to many life-threatening illnesses and causes thousands of premature deaths every year. That’s another reason to be thankful that utility companies abandoned plans to build new coal-fired power plants in Waterloo and Marshalltown last year. (Side note: could someone please inform the three “pro-life” Republican gubernatorial candidates that coal combustion is hazardous to human health? Terry Branstad, Bob Vander Plaats and Rod Roberts all favor building more coal-fired power plants in Iowa.)

As for the other major contributors to poor air quality in our state, the Iowa legislature has done little about air pollution from confined animal feeding operations (CAFOs) beyond passing a time- and money-wasting odor study bill in 2008. Nor have our state’s leaders done enough to fund alternate modes of transportation, which could reduce vehicle miles per capita traveled by car (and the associated fine particulate emissions).

The DNR’s report showed statistically insignificant improvements in Iowa water quality, but not enough to lift us out of the “poor” category. While new “antidegradation rules” on water quality may protect some Iowa waterways from getting worse in the future, we have a long way to go to make our lakes and rivers safe for recreation and other uses.

Public demand for usable waterways is increasing; the DNR’s report showed that more Iowans are using state parks, boating and buying fishing licenses. It’s therefore baffling that the DNR is proposing to reduce protection for 408 Iowa stream segments this year. The Iowa Environmental Council has much more background on this issue here. Public comments to the DNR are needed by April 30, and it only takes a few minutes to send a message to the relevant DNR official (click here for contact information and talking points).

For those who like to fish: please be aware of the DNR recommends eating fish from certain lakes and rivers no more often than once a week because of elevated mercury levels. Coal combustion from power plants is the main source of mercury pollution in our waterways.

Share any relevant thoughts or Earth Day plans in this thread. I see that the Sierra Club of Iowa, Moveon.Org and 1Sky are organizing a rally outside Representative Leonard Boswell’s office (300 Locust in Des Moines) at noon today to urge Boswell to oppose various “dirty air” bills proposed in Congress. They are asking people to “dress in rain gear, such as raincoats, rain hats, umbrellas, galoshes, etc., to make the point of increasing severe weather due to climate change.”

There’s also an Earth Day Trash Bash cleanup event in downtown Des Moines this afternoon, followed by a celebration in the Simon Estes ampitheater. Here’s a description of last year’s cleanup.

Jason Hancock published a fascinating story at Iowa Independent today about a federal lawsuit against Syngenta AG and its U.S.-based subsidiary, Syngenta Crop Protection Inc. Sixteen communities, including Creston in southwest Iowa, are suing Syngenta because it profits from sales of atrazine while communities have to pay to remove the weed-killer from water supplies. Apparently Creston has a higher concentration of atrazine in its drinking water than any other Iowa city.

Judging from this comment by a Syngenta spokesperson, the key to the company’s defense will be a Bush administration Environmental Protection Agency finding, which asserted that atrazine has no detrimental effects in humans. However, the herbicide is banned in Europe because of numerous studies showing that it enters the water supply and is correlated with certain cancers and birth defects.

We could reduce water pollution if we made polluters pay the cost of removing contaminants from drinking water, but asking farmers who apply atrazine to pay for water treatment is a political non-starter. I don’t know what legal precedent supports suing the manufacturer of a farm chemical over the cost of treating drinking water. Last year the Obama administration EPA ordered the independent Scientific Advisory Panel to conduct a thorough scientific review of atrazine’s “potential cancer and non-cancer effects on humans,” including “its potential association with birth defects, low birth weight, and premature births.” I assume the results of that review will affect the outcome of the cities’ federal lawsuit against Syngenta.

I’m still waiting for so-called “pro-life” activists to support restrictions on farm chemicals linked to birth defects and spontaneous abortions.

Governor Chet Culver will not sign a bill that would weaken Iowa’s current restrictions on spreading manure over frozen and snow-covered ground. Culver’s senior adviser Jim Larew confirmed the governor’s opposition during a February 22 meeting with members of Iowa Citizens for Community Improvement. Iowa CCI is among the environmental groups that have sounded the alarm about House File 2324 and a companion bill, Senate File 2229. The bills would exempt many large farms from the new manure application rules adopted last year. Earlier this month, the House Agriculture Committee approved HF 2324 with minimal debate.

Culver had previously promised to block the new proposal in private conversations. The bill’s lead sponsor in the Iowa House, Democratic State Representative Ray Zirkelbach, told IowaPolitics.com yesterday, “Basically I was told that the governor’s going to veto it no matter what … if it came to his desk […].” Zirkelbach contends that the bill is needed to help the struggling dairy industry. He denies that it would lead to more manure contaminating Iowa waters.

I am glad to see the governor take a stand against Zirkelbach’s proposal. Improving the manure application bill was a major victory during the closing days of last year’s legislative session. We should not have to keep fighting efforts to move us backwards on water quality.

The full text of yesterday’s press release from Iowa CCI is after the jump.

The Iowa Legislature has been moving at an unusually fast pace during the shortened 2010 session. It’s time to catch up on what’s happened at the statehouse over the past three weeks. From here on out I will try to post a legislative roundup at the end of every week.

February 12 was the first “funnel” deadline. In order to have a chance of moving forward in 2010, all legislation except for tax and appropriations bills must have cleared at least one Iowa House or Senate committee by the end of last Friday.

After the jump I’ve included links on lots of bills that have passed or are still under consideration, as well as bills I took an interest in that failed to clear the funnel. I have grouped bills by subject area. This post is not an exhaustive list; way too many bills are under consideration for me to discuss them all. I recommend this funnel day roundup by Rod Boshart for the Mason City Globe-Gazette.

Note: the Iowa legislature’s second funnel deadline is coming up on March 5. To remain alive after that point, all bills except tax and appropriations bills must have been approved by either the full House or Senate and by a committee in the opposite chamber. Many bills that cleared the first funnel week will die in the second.