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Environmental Law & Policy Center of the Midwest

Contact
Albert Ettinger
Environmental Law & Policy Center of the Midwest
35 E. Wacker Drive, Suite 1300
Chicago, IL 60601
aettinger@elpc.org
(312) 795-3707

On the Web: www.elpc.org

Activity: We have been working for years to get limits on discharges of nutrients by developing antidegradation rules and nutrient standards that would force limits to be placed in permits.

Geographic location: We have worked with U.S. EPA, Region 4, Region 5 and Region 7 to attempt to get better rules and policies to help us secure stronger permits in a number of Midwest states. We have actively worked on standards, permits or rules in Illinois, Kentucky, Iowa, Indiana, Tennessee, Minnesota and Wisconsin.

Brief activity description: Working in Illinois, Kentucky, Iowa and other states, ELPC and its allies have worked to establish antidegradation standards and other standards that could be used to force limits in NPDES permits. We have also followed draft permits and commented to state permit writing agencies that they should include nutrient limits or monitoring. In Illinois, we have also worked to develop a 1 mg/L limit on phosphorus discharges from new or increased discharges. Illinois established such a rule Jan. 19, 2006.

Primary goals or focus:

• Nutrient reduction
• Water quality improvement
• Policy development
• Nutrient standards development/implementation

Projected outcomes/impacts, if known: Numerous dischargers are now treating for phosphorus as a result of our work. Some dischargers are monitoring for nitrogen. A broad rule was established in Illinois that will serve to limit and lessen nutrients and other pollution.

Activity type:

• Regulatory

Scale of activity:

• Regional
• National

Lead organization(s)/organizer(s): Environmental Law and Policy Center, Sierra Club, Prairie Rivers Network

Other partners and participants: Open Lands Project, Iowa Environmental Council, MRBA, Illinois Environmental Council, Kentucky Waterways Alliance

Timeline/duration: Continuing
Projected or real startup time: 1997
Projected ending time or goal deadline: None

Funding sources:

• Foundations

Follow-up activities that will/might result from this activity: More work in more states, TMDLs that control nutrients. Work should also be done on endocrine disruptors and other pollutants.