1. State Failed to Address Pollution in Private Wells

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Written By Devon Cupery

EPA steps in due the state’s failure to protect drinking water from Southeastern Minnesota’s private wells

Problem: A coalition of Minnesota environmental groups petitioned the U.S. Environmental Protection Agency (EPA) to take emergency action to address nitrate pollution in parts of Southeastern Minnesota because the state was failing to act. “Nitrate pollution has been linked to the potentially fatal newborn condition known as Blue Baby Syndrome, as well as a host of other birth defects, pregnancy complications and various cancers and other health conditions,” said the Minnesota Center for Environmental Advocacy (MCEA), one of the petitioners. The nitrate comes from fertilizer runoff from farm fields. It is particularly problematic in areas with porous karst geology, characterized by springs, caves, and sinkholes. It makes those aquifers extremely vulnerable to contamination. The EPA estimates 9,218 Karst Region residents in Southeastern Minnesota were or still are at risk of consuming water at or above the maximum nitrate contaminant level. 

Regulatory failures: State agencies largely have relied on farmers’ voluntary compliance to reduce regional nitrate levels. It hasn’t worked. In November 2023, the EPA wrote the Minnesota Pollution Control Agency, the Minnesota Department of Agriculture, and the Minnesota Department of Health to put them on notice that changes were needed. The letter said EPA’s immediate priority was to identify residents with wells that have high nitrate levels, provide them with information about health risks, and provide access to safe drinking water “until nitrate contamination in groundwater falls below” the threshold. The EPA also told agencies that they “must develop and implement a long-term solution to achieve reductions in nitrate concentrations in drinking water supplies.”

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Devon Cupery
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2. EPA stepped in on Smith Foundry, where the MPCA failed