Minnesota answers EPA's groundwater demands

Dec. 1—ST. PAUL — Three Minnesota agencies — the Department of Health, Department of Agriculture and Minnesota Pollution Control Agency — have filed a response with the federal Environmental Protection Agency regarding its Nov. 3, 2023, letter demanding the state take action to protect groundwater in Southeast Minnesota and

provide clean drinking water to people affected by contaminated wells.

That letter gave the state 30 days to respond with an action plan.

In a Dec. 1, 2023, letter to Debra Shore, the EPA's regional administrator and Great Lakes National Program Manager for Region 5, the commissioners of the three agencies "outline Minnesota's collaborative plan to address nitrate contamination in aquifers in southeast Minnesota that serve as sources of drinking water and identify opportunities for federal-state partnership to accelerate that work."

On Nov. 2, the

EPA visited three feedlots in Southeast Minnesota — conducting inspections at two of them —

before sending its detailed letter on Nov. 3. That letter

cited high nitrate levels — above 10 parts per million — in groundwater collected from numerous wells in the karst region.

The EPA noted that feedlots are a source of nitrate contamination because manure from feedlots is spread as fertilizer for crops.

Many row crops that use fertilizer — particularly corn and soybean growers — also use commercial fertilizer as well as manure on the land.

The letter to the EPA lists three areas where the state can address nitrate contamination:

* "An immediate outreach program to again notify affected residents using private wells with known nitrate concentrations above the Maximum Contaminant Level and to provide alternate water to vulnerable populations,

* "A public health intervention to ensure safe drinking water for private wells users in the mid-term in which well owner participation is voluntary; and

* "Enhanced long-term environmental and conservation strategies to reduce nitrate concentrations in the aquifers that provide drinking water."

The letter noted that actions will be supported by limited state resources in place, so the state will be reaching out to the federal government for financial assistance in implementing its plans.

In addition, the state says it will use existing data from MDA's Township Testing results, the initial water quality post-construction sample, and/or a local public health laboratory to identify private wells that exceed the state limit of 10 ppm of nitrates in groundwater. The state will notify affected residents to provide guidance on appropriate treatment options. Furthermore, vulnerable populations including those who are pregnant and/or have infants under 1 year of age will be provided vouchers for bottled water through clinics, faith communities and other local partners as appropriate.

Minnesota Rep. Steve Jacob, R-Altura, said he thought the response looked "relatively fair and balanced."

"I didn't see anything in that letter that added an immediate onerous (requirement) to feedlots," Jacob said.

The action by the EPA was in response to an April 24, 2023, petition filed by the Minnesota Center for Environmental Advocacy (MCEA) and 10 other groups, which asked the EPA to "exercise its emergency powers under Section 1431 of the Safe Drinking Water Act (SDWA) to address groundwater nitrate contamination that presents a risk to the health of the residents in eight counties of the Southeast Karst Region."

That petition focused on feedlots, claiming large feedlots — concentrated animal feeding operations, or CAFOs — are a main source of nitrate contamination. The petition had asked the EPA to restrict permitting of any new CAFOs or the expansion of any current CAFOs in the region.

Jacob said he was glad to see the response letter did not contain any language about a moratorium on feedlot expansion.

"That's not in there," he said.

What the letter did do, Jacob said, is reiterate actions already being taken to improve groundwater in Southeast Minnesota. For example, he noted that the state pointed out to the EPA that in 2019 Minnesota implemented the Minnesota Groundwater Protection Rule, which prohibits the fall application of commercial fertilizer on fields.

Jacob said this is a program that will greatly reduce nitrate levels, but because the contamination of groundwater — and subsequent cleaning of groundwater — is a years-long process, the benefits have not yet shown up though testing of drinking water from wells in the region.

"The reality is as farmers, we do want to do the right thing," said Jacob, who is also a farmer in the region and has been honored several times for his environmental efforts at his own farm. "As farmers, we have to take responsibility as needed and do what we can."

Carly Griffith, water program director for MCEA, said the organization was a little disappointed with the state's response so far.

"Both the EPA and the petitioner organizations have emphasized the need to hold the sources of nitrate pollution accountable, and the state's response so far does not take additional steps to do that," Griffith said. "This initial letter falls short of what the situation demands."

She added that MCEA and the other petitioners do appreciate the state's recognition of the need to expand programs for private well owners to address the acute health risk of nitrate in their water supply, but she said merely continuing existing voluntary programs — which, thus far have failed to reduce nitrate levels — is insufficient.

"We expect to see additional prevention measures proposed in the complete plan on January 15, 2024," she said.