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Federal environmental regulation in Iowa

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Public Policy
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State environmental policy

Environmental policy in the U.S.

Endangered species policy

Endangered species policy in the U.S.

Energy and environmental news

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Federal environmental regulation involves the implementation of federal environmental laws, such as the Clean Air Act, Clean Water Act, and the Endangered Species Act. The U.S. Environmental Protection Agency (EPA) is primarily responsible for enforcing federal air and water quality standards; the U.S. Fish and Wildlife Service is primarily responsible for managing endangered species. State government agencies will often share enforcement responsibilities with the EPA on issues such as air pollution, water pollution, hazardous waste, and other environmental issues.[1]

As of July 2015, Iowa had 18 federally protected species, 1,917 federally regulated drinking water systems, and 11 federally regulated waste sites (known as Superfund sites).

Legislation and regulation

Federal laws

Clean Air Act

The federal Clean Air Act requires each state to meet federal standards for air pollution. Under the act, the U.S. Environmental Protection Agency oversees national air quality standards aimed at limiting pollutants from chemical plants, steel mills, utilities, and industrial factories. Individual states can enact stricter air standards if they choose, though each state must adhere to the EPA's minimum pollution standards. States implement federal air standards through a state implementation plan (SIP), which must be approved by the EPA.[2]

Clean Water Act

The federal Clean Water Act is meant to address and maintain the physical, chemical, and biological status of the waters of the United States. The U.S. Environmental Protection Agency (EPA) regulates water pollution sources and provides financial assistance to states and municipalities for water quality programs.[3]

According to research done by The New York Times using annual averages from 2004 to 2007, Iowa had 1566.8 facilities that were regulated annually by the Clean Water Act. An average of 590.9 facilities violated the act annually from 2004 to 2007 in Iowa, and the EPA enforced the act an average of 15.1 times a year in the state. This information, published by the Times in 2009, was the most recent information on the subject as of October 2014.[4]

The table below shows how Iowa compared to neighboring states in The New York Times study, including the number of regulated facilities, facility violations, and the annual average of enforcement actions against regulated facilities between 2004 and 2007. Iowa had more regulated facilities and facility violations than Minnesota but fewer than Illinois and Missouri.

The New York Times Clean Water Act study (2004-2007)
State Number of facilities regulated Facility violations Annual average enforcement actions
Iowa 1,566.8 590.9 15.1
Illinois 1,814.5 1,140.50 83
Minnesota 801.3 313.1 38.8
Missouri 3,058.8 779.3 6.3
Source: The New York Times, "Clean Water Act Violations: The Enforcement Record"

Endangered Species Act

The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.[5][6]

Federally listed species in Iowa

There were 18 endangered and threatened animal and plant species believed to or known to occur in Iowa as of July 2015.

The table below lists the 13 endangered and threatened animal species believed to or known to occur in the state. When an animal species has the word "Entire" after its name, that species will be found all throughout the state.[7]

Endangered animal species in Iowa
Status Species
Endangered Bat, Indiana Entire (Myotis sodalis)
Threatened Bat, Northern long-eared (Myotis septentrionalis)
Endangered Higgins eye (pearlymussel) Entire (Lampsilis higginsii)
Threatened Knot, red (Calidris canutus rufa)
Endangered Mussel, sheepnose (Plethobasus cyphyus)
Threatened Plover, piping except Great Lakes watershed (Charadrius melodus)
Endangered Shiner, Topeka Entire (Notropis topeka (=tristis))
Threatened Skipper, Dakota (Hesperia dacotae)
Endangered skipperling, Poweshiek (Oarisma poweshiek)
Endangered Snail, Iowa Pleistocene Entire (Discus macclintocki)
Endangered Spectaclecase (mussel) (Cumberlandia monodonta)
Endangered Sturgeon, pallid Entire (Scaphirhynchus albus)
Endangered Tern, least interior pop. (Sterna antillarum)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in Iowa"

The table below lists the five threatened plant species believed to or known to occur in the state.[8]

Endangered plant species in Iowa
Status Species
Threatened Bush-clover, prairie (Lespedeza leptostachya)
Threatened Milkweed, Mead's (Asclepias meadii)
Threatened Monkshood, northern wild (Aconitum noveboracense)
Threatened Orchid, eastern prairie fringed (Platanthera leucophaea)
Threatened Orchid, western prairie fringed (Platanthera praeclara)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in Iowa"

State-listed species in Iowa

The Iowa Department of Natural Resources has managed its own state list of endangered and threatened species since the Iowa Endangered Plants and Wildlife Act passed in 1975. A full list of endangered and threatened animals can be found here, and a full list of endangered and threatened plants can be found here.[9]

Enforcement

See also: Enforcement at the EPA

Iowa is part of the EPA's Region 7, which includes Missouri, Kansas and Nebraska.

The EPA enforces federal standards on air, water and hazardous chemicals. The EPA takes administrative action against violators of environmental laws, or brings civil and/or criminal lawsuits, often with the goal of collecting penalties/fines and demanding compliance with laws like the Clean Air Act and Clean Water Act. In 2013, the EPA estimated that 57.6 million pounds of pollution, which includes air pollution, water contaminants, and hazardous chemicals, were "reduced, treated or eliminated" and 1.62 million cubic yards of soil and water were cleaned in Region 7. Additionally, 180 enforcement cases were initiated, and 202 enforcement cases were concluded in fiscal year 2013. In fiscal year 2012, the EPA collected $252 million in criminal fines and civil penalties from the private sector nationwide. In fiscal year 2013, the EPA collected $1.1 billion in criminal fines and civil penalties from the private sector nationwide, primarily due to the $1 billion settlement from the Deepwater Horizon oil spill along the Gulf Coast in 2010. The EPA only publishes nationwide data and does not provide state or region-specific information on the amount of fines and penalties it collects during a fiscal year.[10][11][12][13]

Mercury and air toxics standards

See also: Mercury and air toxics standards
The EPA on mercury capture systems

The EPA enforces mercury and air toxics standards (MATS), which are national limits on mercury, chromium, nickel, arsenic and acidic gases from coal- and oil-fired power plants. Power plants are required to have certain technologies to limit these pollutants. In December 2011, the EPA issued greater restrictions on the amount of mercury and other toxic pollutants produced by power plants. As of 2014, approximately 580 power plants, including 1,400 oil- and coal-fired electric-generating units, fell under the federal rule. The EPA has claimed that power plants account for 50 percent of mercury emissions, 75 percent of acidic gases and around 20 to 60 percent of toxic metal emissions in the United States. All coal- and oil-fired power plants with a capacity of 25 megawatts or greater are subject to the standards. The EPA has claimed that the standards will "prevent up to 160 premature deaths in Iowa while creating up to $1.3 billion in health benefits in 2016."[14][15][16][14][17]

In 2014, the EPA released a study examining the economic, environmental, and health impacts of the MATS standards nationwide. Other organizations have released their own analyses about the effects of the MATS standards. Below is a summary of the studies on MATS and their effects as of November 2014.

EPA study
In 2014, the EPA reported that its MATS rule would prevent roughly 11,000 premature deaths and 130,000 asthma attacks nationwide. The agency also anticipated between $37 billion and $90 billion in "improved air quality benefits" annually. For the rule's cost, the EPA estimated that annual compliance fees for coal- and oil-fired power plants would reach $9.6 billion.[18]

NERA study
A 2012 study published by NERA Economic Consulting, a global consultancy group, reported that annual compliance costs in the electricity sector would total $10 billion in 2015 and nearly $100 billion cumulatively up through 2034. The same study found that the net impact of the MATS rule in 2015 would be the income equivalent of 180,000 fewer jobs. This net impact took into account the job gains associated with the building and refitting of power plants with new technology.[19]

Superfund sites

The EPA established the Superfund program as part of the Comprehensive Environmental Response, Compensation and Liability Act of 1980.The Superfund program focuses on uncontrolled or abandoned hazardous waste sites nationwide. The EPA inspects waste sites and establishes cleanup plans for them. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can force the responsible party to reimburse the EPA or other federal agencies for the cleanup's cost. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. As of October 2014, there were 1,322 Superfund sites nationwide. A total of 71 Superfund sites reside in Region 7, with an average of 17.75 sites per state. There were 11 Superfund sites in Iowa as of October 2014.[20][21]

Economic impact
EPA studies
The Environmental Protection Agency publishes studies to evaluate the impact and benefits of its policies. Other studies may dispute the agency's findings or state the costs of its policies.

According to the U.S. Government Accountability Office (GAO), an independent federal agency, the Superfund program received an average of almost $1.2 billion annually in appropriated funds between the years 1981 and 2009, adjusted for inflation. The GAO estimated that the trust fund of the Superfund program decreased from $5 billion in 1997 to $137 million in 2009. The Superfund program received an additional $600 million in federal funding from the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.[22]

In March 2011, the EPA claimed that the agency's Superfund program produced economic benefits nationwide. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown. Based on a selective study of 373 Superfund sites cleaned up since the program's inception, the EPA estimated these economic benefits include the creation of 2,240 private businesses, $32.6 billion in annual sales from new businesses, 70,144 jobs and $4.9 billion in annual employment income.[23]

Other studies were published detailing the costs associated with the Superfund program. According to the Property and Environment Research Center, a free market-oriented policy group based in Montana, the EPA spent over $35 billion on the Superfund program between 1980 and 2005.[24][25]

Environmental impact

In March 2011, the EPA claimed that the Superfund program resulted in healthier environments surrounding former waste sites. An agency study analyzed the program's health and ecological benefits and focused on former landfills, mining areas, and abandoned dumps that were cleaned up and renovated. As of January 2009, out of the approximately 500 former Superfund sites used for the study, roughly 10 percent became recreational or commercial sites. Other former Superfund sites in the study are now used as wetlands, meadows, streams, scenic trails, parks, and habitats for plants and animals.[26]


Carbon emissions

See also: Climate change, Greenhouse gas and Greenhouse gas emissions by state

In 2011 Iowa ranked 25th in CO2 emissions. Iowa's greenhouse gas emissions have generally increased since 1990 even with small decreases in emissions from year to year. CO2 emissions peaked at 87 million metric tons in the years 2008 and 2010. In 2011 the electric power sector in Iowa was responsible for 44.5 percent of the state's emissions and the transportation sector accounted for 24.8 percent of emissions. The third largest sector, the industrial sector, accounted for 20.3 percent of emissions in 2011. The commercial and residential sectors accounted for the remainder.[27]

Carbon dioxide emissions in Iowa (in million metric tons). Data was compiled by the U.S. Energy Information Administration.
Carbon dioxide emissions in Iowa by sector

Pollution from energy use

Note: Annual data on nitrogen dioxide levels in the Upper Midwest between 2000 and 2014 are unavailable.

Pollution from energy use includes three common air pollutants: carbon monoxide, nitrogen dioxide and ozone. These and other pollutants are regulated by the U.S. Environmental Protection Agency (EPA) through the National Ambient Air Quality Standards, which are federal standards limiting pollutants that can harm human health in significant concentrations. Carbon dioxide, a greenhouse gas, is also regulated by the EPA, but it is excluded here since it is not one of the pollutants originally regulated under the Clean Air Act for its harm to human health.

Industries and motor vehicles emit carbon monoxide directly when they use energy. Nitrogen dioxide forms from the emissions of automobiles, power plants and other sources. Ground level ozone (also known as tropospheric ozone) is not emitted but is the product of chemical reactions between nitrogen dioxide and volatile organic chemicals. The EPA tracks these and other pollutants from monitoring sites across the United States. The data below shows nationwide and regional trends for carbon monoxide, nitrogen dioxide and ozone between 2000 and 2014. States with consistent climates and weather patterns were grouped together by the EPA to make up each region.[28][29]

Carbon monoxide (CO)

Carbon monoxide (CO) is a colorless, odorless gas produced from combustion processes (e.g., when gasoline reacts with oxygen to give off heat and releases exhaust). The majority of national CO emissions come from mobile sources like automobiles. When inhaled, CO can reduce the oxygen-carrying capacity of the blood and at very high levels can cause death. CO concentrations are measured in parts per million (ppm). Since 1994, federal law has prohibited CO concentrations from exceeding 9 ppm during an eight-hour period more than once per year.[30][31]

The chart below compares the annual average concentration of carbon monoxide (CO) in the Central and Upper Midwestern regions of the United States between 2000 and 2014. Carbon monoxide concentrations are measured in parts per million (ppm). States with consistent climates and weather patterns were grouped together by the U.S. Environmental Protection Agency (EPA), which collects these data, to make up each region. Each line represents the annual average of all the data collected from pollution monitoring sites in each region. In the Central region, there were 25 monitoring sites throughout the seven states. In the Upper Midwest, there were seven monitoring sites throughout the four states. In 2000, the average concentration of carbon monoxide was 3.5 ppm in the Central region, compared to 2.67 ppm in the Upper Midwest. In 2014, the average concentration of carbon monoxide was 1.34 ppm in the Central region, a decrease of 61.6 percent from 2000, compared to 0.96 ppm in the Upper Midwest, a decrease of 64.1 percent from 2000.[32]

Central Upper-Midwest Comparison.png

Ground-level ozone

Ground-level ozone is created by chemical reactions between nitrogen oxides (NOx) and volatile organic compounds (VOCs) in sunlight. Major sources of NOx and VOCs include industrial facilities, electric utilities, automobiles, gasoline vapors, and chemical solvents. Ground-level ozone can produce health problems for children, the elderly, and asthmatics. Since 2008, federal law has prohibited ozone concentrations from exceeding a daily eight-hour average of 75 parts per billion (ppb). Beginning in 2025, federal law will prohibit ground-level ozone concentrations from exceeding a daily eight-hour average of 70 ppb.[31][33]

The chart below compares the daily eight-hour average concentration of ground-level ozone in the Central and Upper Midwestern regions of the United States between 2000 and 2014. In the chart below, ozone concentrations are measured in parts per million (ppm), which can be converted to parts per billion (ppb). In the Central region, there were 159 monitoring sites throughout seven states, compared to 61 monitoring sites throughout four states in the Upper Midwest. In 2000, the daily eight-hour average concentration of ozone was 0.0821 ppm, or 82.1 ppb in the Central region, compared to 0.0752 ppm, or 75.2 ppb in the Upper Midwest. In 2014, the daily eight-hour average concentration of ozone was 0.0651 ppm, or 65.1 ppb in the Central region, a decrease of 20.6 percent since 2000, compared to 0.0667 ppm, or 66.7 ppb in the Upper Midwest, a decrease of 11.2 percent since 2000.[34]

Central Upper-Midwest Comparison.png


Environmental policy in the 50 states

Click on a state below to read more about that state's energy policy.

http://ballotpedia.org/Environmental_policy_in_STATE

See also

Footnotes

  1. U.S. Environmental Protection Agency, "Laws & Regulations," accessed November 25, 2015
  2. U.S. Environmental Protection Agency, "Understanding the Clean Air Act," accessed September 12, 2014
  3. U.S. Environmental Protection Agency, "Clean Water Act (CWA) Overview," accessed September 19, 2014
  4. The New York Times, "Clean Water Act Violations: The Enforcement Record," September 13, 2009
  5. U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
  6. U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
  7. U.S. Fish and Wildlife Service, "Endangered and threatened species in Iowa," accessed July 6, 2015
  8. U.S. Fish and Wildlife Service, "Endangered and threatened species in Iowa," accessed July 6, 2015
  9. Cite error: Invalid <ref> tag; no text was provided for refs named IAESA
  10. U.S. Environmental Protection Agency, "Annual EPA Enforcement Results Highlight Focus on Major Environmental Violations," February 7, 2014
  11. Environmental Protection Agency, "Accomplishments by EPA Region (2013)," May 12, 2014
  12. U.S. Environmental Protection Agency, "Enforcement Annual Results for Fiscal Year 2012," accessed October 1, 2014
  13. U.S. Environmental Protection Agency, "EPA Enforcement in 2012 Protects Communities From Harmful Pollution," December 17, 2012
  14. 14.0 14.1 U.S. Environmental Protection Agency, "Cleaner Power Plants," accessed January 5, 2015
  15. U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
  16. U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
  17. U.S. Environmental Protection Agency, "Mercury and Air Toxics Standards in Iowa," accessed September 9, 2014
  18. U.S. Environmental Protection Agency, "Benefits and Costs of Cleaning Up Toxic Air Pollution from Power Plants," accessed October 9, 2014
  19. NERA Economic Consulting, "An Economic Impact Analysis of EPA's Mercury and Air Toxics Standards Rule," March 1, 2012
  20. U.S. Environmental Protection Agency, "What is Superfund?" accessed September 9, 2014
  21. U.S. Environmental Protection Agency, "National Priorities List (NPL) of Superfund Sites," accessed October 7, 2014
  22. U.S. Government Accountability Office, "EPA's Estimated Costs to Remediate Existing Sites Exceed Current Funding Levels, and More Sites Are Expected to Be Added to the National Priorities List," accessed October 7, 2014
  23. U.S. Environmental Protection Agency, "Estimate of National Economic Impacts of Superfund Sites," accessed September 12, 2014
  24. Property and Environment Research Center, "Superfund Follies, Part II," accessed October 7, 2014
  25. Property and Environment Research Center, "Superfund: The Shortcut That Failed (1996)," accessed October 7, 2014
  26. U.S. Environmental Protection Agency, "Beneficial Effects of the Superfund Program," accessed September 12, 2014
  27. U.S. Energy Information Administration, "State Profiles and Energy Estimates," accessed October 13, 2014
  28. U.S. Environmental Protection Agency, "Air Trends," accessed October 30, 2015
  29. U.S. Environmental Protection Agency, "Basic Information - Ozone," accessed January 1, 2016
  30. U.S. Environmental Protection Agency, "Carbon Monoxide," accessed October 26, 2015
  31. 31.0 31.1 U.S. Environmental Protection Agency, "National Ambient Air Quality Standards (NAAQS)," accessed October 26, 2015
  32. U.S. Environmental Protection Agency, "Regional Trends in CO Levels," accessed October 23, 2015
  33. U.S. Environmental Protection Agency, "Ground Level Ozone," accessed October 26, 2015
  34. U.S. Environmental Protection Agency, "Regional Trends in Ozone Levels ," accessed October 26, 2015