Nitrates in Minnesota's drinking water is once again in the news. A bit of the backstory: in April, Jennifer Bjorhus reported for the Star Tribune in Nitrate levels in 8 southeast Minnesota counties near crisis point:
A group of environmental organizations say nitrate pollution in drinking water has reached crisis proportions in southeast Minnesota, and it's time for the feds to step in.
They are taking the unprecedented step in Minnesota of formally requesting the Environmental Protection Agency to take emergency action under the federal Safe Drinking Water Act. State and local regulators have failed to lower dangerous nitrate levels in groundwater with voluntary measures that aim to curb pollution from farms, they say.
Southeast Minnesota's groundwater is particularly vulnerable to nitrate pollution because of the many sinkholes and fractures in the porous limestone underlying the region.
"This contamination poses an imminent and substantial threat to human health, and the problem is not getting any better," the groups said in their request submitted Monday.
It's not clear whether the EPA will act on the 98-page request. But the submission itself signals the depth of frustration in Minnesota's karst country with pollution largely traced to farm fertilizers and manure. . . .
Nitrate originating in large-scale agriculture has been one of the state's most aggravating environmental problems. The invisible and odorless acute contaminant has polluted lakes and rivers, aquifers and drinking water wells and continues to force communities to pay for drilling new wells and installing new treatment. In response, the state adopted the Groundwater Protection Rule in 2019, its most comprehensive action to prevent nitrate pollution, though farms continue to expand. . . .
On November 3, the EPA acted on the request.
At Minnesota Public Radio, Kirsti Marohn reports in EPA says 'further actions' needed to protect human health from nitrate in southeast Minnesota:
A federal agency says state agencies need to take additional steps to protect drinking water in southeast Minnesota from nitrate contamination.
In April, environmental groups petitioned the U.S. Environmental Protection Agency, saying nitrate in the groundwater in southeast Minnesota’s karst region — largely from fertilizer and manure applied to crop land — poses an imminent danger to human health. They asked the EPA to use its emergency authority under the Safe Drinking Water Act to intervene.
Groups that signed on to the petition included the Minnesota Center for Environmental Advocacy, Minnesota Well Owners Organization, Clean Up the River Environment, the Land Stewardship Project and Minnesota Trout Unlimited. . . .
Here's the petition:
Karst Region Emergency Petition to EPA uploaded by Sally Jo Sorensen on Scribd
Marohn continues:
In a Nov. 3 letter to state agencies, EPA Region 5 Administrator Debra Shore wrote that despite commitment to address nitrate contamination through state programs, there is an “evident need for further actions to safeguard public health.” The letter was addressed to commissioners of the state departments of health and agriculture, and the Minnesota Pollution Control Agency.
The EPA expects state agencies to develop a comprehensive work plan to test drinking water, and offer alternative water to affected residents as soon as possible, Shore wrote. She said Minnesota officials should provide immediate notice to any residents whose wells have nitrate levels at or above the safe level.
In addition to addressing immediate health concerns, Minnesota must also develop a long-term solution to reduce nitrate in drinking water supplies, Shore wrote.
“EPA expects Minnesota to hold sources of nitrate accountable using all available tools to reduce the amount of nitrate they release to ground water,” she wrote.
Shore said Minnesota should consider adopting more protective permits for wastewater and large animal feedlots, and stronger guidelines for applying manure and fertilizer to fields.
Leigh Currie, director of strategic litigation with the Minnesota Center for Environmental Advocacy, said the petitioners are pleased with the EPA’s response. She said Minnesota’s “patchwork quilt” of agencies that regulate water is part of the reason the groups sought federal intervention.
“We went to EPA to hopefully get a more holistic approach to the problem, and we were really pleased that they recognize the need for such an approach,” Currie said.
The EPA response didn’t include everything requested by the petitioners. Currie called it a “stiff warning,” but said the EPA stopped short of using its emergency authority. . . .
Read the rest at MPR. It's a breaking story, so I expect to see more.
UPDATE, 4:38 p.m.: At the Star Tribune, Greg Stanley reports on the development in EPA to Minnesota: Take action to protect people from polluted wells in eight counties:
. . .Saying that thousands in southeastern Minnesota are drinking unhealthy water, the U.S. Environmental Protection Agency told the state to alert residents of the hazards and clean up the farm pollution that has contaminated wells in the region for years.
The water supplies for more than 9,200 people in southeastern Minnesota are likely contaminated with dangerous levels of nitrate, according to a November letter the EPA sent to the heads of the three state agencies responsible for ensuring clean drinking water.
The EPA asked the agencies to immediately notify residents of the danger, provide them bottled water and come up with a plan to reduce the nitrate pollution that mostly comes from crop fertilizers and manure produced by large feedlot operations.
If the state doesn't get it done, the EPA will "consider exercising our independent emergency and enforcement authorities," the letter warns.
The EPA letter fell short of the public health emergency declaration sought by community members and advocates. But it's a relief for private well owners in the area who have been uncertain about the safety of their water, said Carly Griffith, water program director for the Minnesota Center for Environmental Advocacy. . . .
[end update]
There's more information at the EPA webpage, Southeast Minnesota Groundwater:
In April 2023, EPA received a Safe Drinking Water Act section 1431 emergency petition regarding Southeast Karst Region (“Karst Region”) of Minnesota, which encompasses roughly eight counties (Dodge, Fillmore, Goodhue, Houston, Mower, Olmsted, Wabasha, and Winona). The Minnesota Center for Environmental Advocacy and several other community organizations claim that nitrate contamination in public water systems and underground sources of drinking water (i.e., private wells) is causing an imminent and substantial endangerment to public health. EPA began reviewing the petition immediately and collecting information, including data, from the Minnesota agencies regarding actions they have been taking to investigate and address the nitrate situation.
On November 3, 2023, EPA determined that further action is needed to protect public health. EPA requested that Minnesota develop a plan and provide education and outreach as well as alternative drinking water to residents with water above the maximum contaminant level (MCL) for nitrate. EPA is requesting a response from the State within 30 days of our request with a timeframe for the work plan and other actions outlined in the letter. The work plan will address how the state will identify, contact, test drinking water, and offer alternative water to all impacted persons in the Karst Region.
- EPA Letter to Minnesota State Agencies Regarding Southeast Minnesota Petition (pdf)
- Letter from EPA Water Division Director Acknowledging Receipt of Minnesota Center for Environmental Advocacy Petition (pdf)
- Petition for Emergency Action Pursuant to the Safe Drinking Water Act to address groundwater contamination in southeastern Minnesota (pdf) (98pp, 2.7MB, April 24, 2023)
Minnesota Department of Health Information about Nitrate in Drinking Water
- Health Effects
- How to Protect Yourself and Your Family
- Background
- Nitrate in Minnesota's Groundwater
Nitrate and Groundwater Resources
Not everybody's onboard with safe drinking water.
The petition gave first-term Minnesota House member Pam Altendorf, R-Red Wing, the hollowing fantods. In a column published in the Red Wing Republican Eagle on November 2 (the day before EPA sent its letter), Altendorf wrote in EPA petition could create headaches for dairy farmers, animal agriculture:
Not long ago, a legislative committee heard about a petition that could have severe impacts on the dairy industry and many farmers who specialize in animal agriculture in southeastern Minnesota.
For those who haven’t heard, a number of environmental organizations – including Land Stewardship Project - have petitioned the U.S. Environmental Protection Agency (EPA) and asked them to mandate moratoriums on concentrated animal feeding operations (CAFOs) in the area. The reason? These organizations are blaming current farmers for high nitrate levels in the area’s drinking water.
The organizations pushing for EPA involvement are targeting “Big Ag,” and “industrial farming” as the causes of the problems, yet the overwhelming majority of farmers in the area are family farmers who have passed along their land for generations. ...
Also, not only do the petitioners want the EPA to prohibit the expansion of CAFOs, but they also want to prohibit any modifications to their operations. They also ask the EPA, once it decides who should be blamed for nitrate contamination, to require those responsible to supply free, clean drinking water to owners of area private wells, and require CAFOs and other farms to use nitrogen fertilizers to change their practices.
There’s a lot at stake for agriculture in this ruling. This might explain why the Subcommittee on Minnesota Water Policy scheduled a hearing on the topic on October 3, which is right in the middle of the harvest season, when farmers aren’t paying attention to legislative activity. Coincidence? I think not.
At the hearing, they had only one pro-ag testifier, who did a good job discussing all the practices farmers have adopted in order to reduce nitrogen. The only “farmer” who was given time to speak was a self-described herb and flower farmer who does not live in southeastern Minnesota, yet supports the EPA petition. No other serious agricultural farmer was given a voice at this hearing. . . .
I'm a bit perplexed at some of that. Rural friends active in Land Stewardahip Project are (gasp) livestock producers. Moreover, those testifying at legislative hearings may do so remotely--and don't need to be invited. The Legislative Coordinating Commission
Subcommittee on Minnesota Water Policy isn't any different.
Indeed, her own copy later on says exactly that:
The legislative hearing on the EPA topic will continue on November 14th at 9:00 a.m. If you wish to testify before the committee, contact Jim Stark, LCC Subcommittee on Water Policy by email at [email protected], or call 651-284-6431. Hopefully, more farmers will be able to tune in and learn more about what these environmental petitioners are trying to accomplish. Visit www.lcc.mn.gov/smwp/Meetings_2023.html if you’d like to watch online.
We all have the same goals, and no one wants pollution or contaminants in water. But we can’t continue to pass unnecessary regulations, breathe down the necks of ag producers, and vilify the very people that are working long hard days, to provide food, fuel, and fiber for all Americans.
Nope, apparently the rest of the karst region should expect to pay for the consequences of some practices of production agriculture.
The agenda for the November 14 meeting is found at the link: Subcommittee on Minnesota Water Policy - 11/14/2023.
And it's not as if those living in the karst region had no notice of the earlier Water Policy meeting. On October 2, Radio Winona's Jason Melillio reported in Contaminated water in southeast Minnesota, EPA petition, focus of subcommittee meeting on Tuesday:
The Subcommittee on Minnesota Water Policy will meet on Tuesday at 9:00 a.m. at the State Capitol. The committee will likely discuss a petition filed last April by a coalition of local and national groups asking the Environmental Protection Agency to take emTergency action to reduce nitrate levels in groundwater in eight southeast Minnesota counties, including Winona.
State Representative Steve Jacob (R-Altura) says the people behind the petition “want to do an end around local officials in order to hurt farmers.” Jacob argues nitrogen contamination in groundwater has many sources, including municipal wastewater lagoons, but the petition focuses primarily on the local dairy industry as “scapegoats for the nitrogen in our drinking water.”
Paul Wotzka, a hydrologist and member of Minnesota Well Owners Organization (MnWOO), which is part of the petition to the EPA, says wastewater lagoons are “a drop in the bucket” when it comes to nitrogen pollution.
“If he (Rep. Jacob) wants to talk about municipal wastewater lagoons he should really be talking about manure spills and manure lagoons that have leaked and also had catastrophic failure,” says Wotzka.
MnWOO provides free testing for private well owners and Wotzka says as many as 25 percent of private wells in southeast Minnesota are above the maximum nitrate contaminant level. The karst region features thin soil and fractured bedrock making it highly susceptible to nitrogen contamination, for which the primary source is commercial farm fertilizers, according to Wotzka. Wotzka says efforts by state agencies for more than three decades have fallen short nitrate contamination in groundwater keeps getting worse.
“If you look at the state response, they have all been working on this for the better part of 35 years and we haven’t seen anything work so we’re throwing up our hands and saying EPA we’ve got to do something else because we see the degradation our water and don’t see any solution that is in effect or being implemented by state agencies that is working,” says Wotzka.
Jacob is encouraging his constituents to watch the hearing on Tuesday and says he’s aiming to address groundwater contamination “in a fair and balanced way without giving government control over other people’s land.” . . .
Jacob, R-Altura, is a member of the SMWP.
Update, 4:00 p.m: Jacob just sent out a constituent email out about the EPA letter:
In case you missed it, the United States Environmental Protection Agency (EPA) has directed the State of Minnesota to develop and implement a long-term solution to reduce nitrate concentrations in the drinking water of the Karst Region of southeastern Minnesota.
While the immediate demands from the petitioning anti-agriculture activists to shut down animal agriculture have been delayed, it is troubling the EPA has demanded the State supersede the environmental work being performed by local governments.
Just last week, the EPA and MPCA conducted unannounced, surprise inspections of three local family farms in the middle of harvest season. With its decision to force the State to develop a long-term solution to reduce nitrate concentrations, I fear the target will be focused solely on animal agriculture, specifically dairy farms. Despite the proven track record of farmers being good stewards of the land, it appears more regulations are coming, and surprise inspections are a part of that.
Remember, the activist petitioners asked the EPA to prohibit the expansion of concentrated animal feeding operations in the area and prohibit any modifications to their operations. By vaguely telling the State it alone must find a solution to nitrate contamination, it has punted the problem to Governor Walz’s MPCA and a Democrat-controlled legislature that have repeatedly proven to be unfriendly to agriculture interests in this state, and has now opened the door for the environmental activists in government to act favorably on behalf of their environmental activists in southeastern Minnesota.
[end update]
Here's the Minnesota House Information Services Official YouTube of the October 3 Subcommittee on Minnesota Water Policy hearing.
Who knew safe drinking water was a plot by the well owners to enslave farmers? Altendorf and Jacob seem more enamored of their performative rhetoric than of their constituents' health.
Map: "Rural residents with private wells have been largely left out of the state's major nitrate control efforts, the groups said. The eight counties are: Dodge, Goodhue, Fillmore, Mower, Olmsted, Wabasha, Houston and Winona." From Star Tribune's April articlevNitrate levels in 8 southeast Minnesota counties near crisis point.
Related posts
- On ‘Cancer Road,’ a group of southeastern MN families ask if nitrate exposure is to blame
- Strib scrutinizes MN Department of Ag action on nitrate-related Groundwater Protection Rule
- Nitrates in Southwestern Minnesota water: 'Do not give the water to infants' in Ellsworth
- Commentary from MinnPost: Can the state control nitrates in Minnesota waters?
- Minnesota Department of Health isn’t properly enforcing drinking water law, and kids will suffer
- Jean Wagenius: For climate and clean water, state agencies need Walz to lead
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