South Dakota running out of money for pollution control

A lack of federal funding could force the state of South Dakota to stop monitoring water for lead and copper, cease regulating wastewater and otherwise pare back pollution control programs.

That was one message delivered to lawmakers Tuesday morning by Steve Pirner, secretary of the state’s Department of Environment and Natural Resources during the agency's annual budget hearing.

The DENR is responsible for carrying out the mandates of the Environmental Protection Agency on everything from water and air quality testing to helping gas station owners replace or clean up leaking underground storage tanks.

More: Trump budget would be bad news for birds, hunters

But the Obama Administration funded only a small portion of what those programs cost to administer, Pirner said, putting the remaining costs on states.

The Trump Administration proposed a 30 percent cut to EPA funding overall, with a 40 percent cut to program funding. Congress has yet to finalize a budget, however.

“Right now, the federal government isn’t paying anywhere close to what it takes to run those programs,” Pirner told the Joint Committee on Appropriations.

More: Finding feedlot pollution less than simple in South Dakota

Rep. Taffy Howard, R-Rapid City, asked Pirner if Trump’s commitment to reducing regulations could help the agency deal with its budget troubles. The President inked an executive order last year directing agencies to cut two regulations for each one created, “which I love,” Howard said.

“Is there any chance of that trickling down to us?” Howard said.

Not really, Pirner said.

The environmental regulations upended by the Trump Administration thus far are ones that hadn’t yet taken effect. The Waters of the United States rule and the Clean Power Plan were stalled by court challenges before Trump took office.

“Most of that stuff was still building and hadn’t gotten down to ‘the state of SD has to do a, b and c,” Pirner told Howard.

More: Study: Big Sioux River bacteria includes the kind that can make you sick

What remains are long-standing EPA mandates, such as the lead and copper rule or the myriad requirements placed upon state agencies by the Clean Air and Clean Water acts.

The steady dry up of federal money has had an impact on the DENR’s ability to do the work required of it, Pirner said. The department’s Environmental Services division lacks a director, and the DENR’s plan to survive include freezing unfilled positions.

Long-term employees have kept up, Pirner said, but flat budgets have made a difference.

More: One third of South Dakota's budget at stake in federal budget debate

“Are there some things that aren’t quite getting done anymore as well as they used to? I would say yes,” Pirner said.

Pirner told the committee that he might be forced to “give back” responsibility for some federal programs to the EPA if cuts come through as promised. When Howard pushed him on which, Pirner mentioned the lead and copper rule and the regional haze program.

The lead and copper rule sees the DENR cataloging readings from state residents for drinking water across the state’s municipal and rural water systems.

Pirner also warned of heavy consequences if lawmakers fail to pass Senate Bill 25, which increases fees for surface water discharge permits.

The state increased air quality permit fees through its rulemaking authority, but the DENR doesn't have the authority to change fees for surface water permitting without lawmakers.

More: Mayor says more action needed on Big Sioux River pollution

Cities currently pay fees for treated wastewater discharge based on their population at the 1990 census, and construction companies pay nothing for their permits.

“If we don’t get those fees, we’re not going to be able to do it,” Pirner said.

The DENR’s bill would base city fees on their most current census figures. It would also charge fees for stormwater permits to construction companies or cities and counties based on the size of a project.

The city of Sioux Falls supports the move, according to Andy Berg, the city’s Director of Environmental Services. The city offered some comments on the pricing for per-acre permits, but “overall, we support the fact that they’re looking to add some fees.”

More: South Dakota's buffer strip tax break sees few takers in year one

“Them being the regulators for clean water in the state, they need the money to do it,” Berg said.

Sioux Falls serves as the inspector on construction projects, but only gets that authority after the DENR issues a permit. Construction projects would see added costs through the fees, but Berg said he expects most operators would rather maintain state and local enforcement for pollution control.

“Nobody wants the EPA to be the one coming in and regulating programs,” Berg said.

During a Tuesday afternoon interview, Pirner stressed that the operational impact of Congressional funding is still an open question, with a Congressional budget deadline looming this week.

The DENR has been running with flat funding for the last four years, Pirner said. A cut as large as the President proposed last year has the potential to force change.

“If we get a cut like that, it’s just not going to be business as usual,” Pirner said.