EPA finalizes guidelines on pollution
After decades of disagreement and litigation, it appears Arkansas and Oklahoma finally will be operating off the same page when it comes to Illinois River and Tenkiller Lake pollution sources.
Longtime Illinois River advocates were glad to see the Environmental Protection Agency’s announcement recently of long-awaited pollution guidelines for the watershed.
“I’m certainly glad to hear this,” said Ed Brocksmith, a founder of the group Save The Illinois River, who said a few weeks ago that he feared years of cooperative efforts in the hands of the EPA had “fallen into a black hole.”
“It’s definitely a step forward,” he said Monday.
Phosphorus and nitrates from wastewater plants, poultry producers, industry and other sources caused algae to grow in the river and changed the habitat. The pollutants can cause algal blooms that lead to low dissolved oxygen and fish die-offs in the lake. Increased erosion and sedimentation in the river and lake also are issues.
What the EPA approved are working models for the river and the lake that address the long-debated water quality factors, most notably “total maximum daily load” for phosphorus and nitrates. In coming weeks and months Oklahoma and Arkansas agencies and stakeholders will review the models and discuss implementation and enforcement of those rules.
The Oklahoma Water Resources Board planned to discuss the guidelines in its meeting in Oklahoma City Tuesday morning. Oklahoma Secretary of Energy and Environment Michael Teague met with his cabinet and other state agency leaders Monday.
“What we have now is a template that is concise and clear and userfriendly,” said Ed Fite, vice president of water quality for Grand River Dam Authority. “The homework assignment now is for the two states to put together a framework of how it all comes together.”
Teague said his office, Arkansas state leaders, agency leaders of both states, and Cherokee tribal leaders have worked with the EPA throughout the process.
“The models (for the river and Tenkiller Lake) say, ‘here is the tool we’re all going to use,’” Teague said. “Now we can look at it and say, ‘now if we put this regulation change in place here then what does that impact throughout the system?’ It gives everyone a common platform.”
EPA Regional Administrator Anne Edsal urged that continued cooperation.
“Over the years we have made great progress by working with states, tribes and local agencies in improving conditions throughout the watershed and we look forward to continuing this effort,” she said.
After years of disagreement between the states, a Statement of Joint Principles and Action was signed in 2003 in an effort to avoid litigation and further scientific understanding of the situation at hand.
The agreement fell short in the eyes of Oklahomans, who filed suit against poultry producers in a lawsuit that concluded in 2008 but has yet to see a ruling from the presiding judge.
Cooperative efforts increased after the lawsuit and in 2013 the states extended the agreement, enlisted the help of Baylor University as a neutral third party to complete water quality studies, and in 2016 the reports and suggested models were given to the EPA for finalization.
“Now the states and other entities can begin finding agreement on how to achieve Oklahoma Scenic River water quality standards,” said Denise Deason-Toyne, president of non-profit Save the Illinois River group. “We are anxious to see the modeling for phosphorous, the primary nutrient that is over fertilizing our scenic rivers and Tenkiller Lake. Sedimentation is also a big problem, which must be addressed.”
The Oklahoma-Arkansas Scenic Rivers Joint Phosphorus Study, part of the cooperative effort started in 2003, found that a 0.037 ppm Total Maximum Daily Load was appropriate for the river with the help of Baylor University researchers. The guideline is one that Arkansas interests initially thought to be arbitrary and too restrictive.
Teague said his understanding is the new models follow that 0.037 recommendation but he said the states will have to make it official.
Fite said that from his discussions with Arkansas leaders and stakeholders, the guidelines will be welcomed.
“People have been just waiting for the ambiguity to be firmed up and have a number so they can actually plan, design and fund and implement (their plans),” he said.
Teague said collaboration between states, agencies and stakeholders has been a superior process to legal wrangling of the past.
“Collaboration is how you get everything done,” he said. “It’s how we addressed earthquakes, it’s this same type of thing, and now we have Arkansas and Oklahoma and EPA Region 6 and the Cherokee Nation all working together and improving this watershed.”