Bill Text: IA HF2156 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to water quality standards, including by providing for the regulation of animal feeding operations, providing penalties, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-29 - Sponsor added, Baeth. H.J. 151. [HF2156 Detail]

Download: Iowa-2023-HF2156-Introduced.html

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House File 2156 - Introduced
HOUSE FILE 2156
BY STAED , WILBURN , STECKMAN ,
AMOS JR. , BROWN-POWERS ,
JACOBY , KRESSIG , KURTH , and
LEVIN
A BILL FOR
An Act relating to water quality standards, including by
providing for the regulation of animal feeding operations,
providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 455B.173, subsection 2, Code 2024, is
amended to read as follows:
2. a. Establish, modify, or repeal water quality standards,
pretreatment standards, and effluent standards in accordance
with the provisions of this chapter .
a. b. The effluent standards may provide for maintaining
the existing quality of the water of the state that is a
navigable water of the United States under the federal Water
Pollution Control Act where the quality thereof exceeds the
requirements of the water quality standards.
b. c. If the federal environmental protection agency has
promulgated an effluent standard or pretreatment standard
pursuant to section 301 , 306 , or 307 of the federal Water
Pollution Control Act , a pretreatment or effluent standard
adopted pursuant to this section shall not be more stringent
than the federal effluent or pretreatment standard for such
source. This section may does not preclude the establishment
of a more restrictive effluent limitation in the permit
for a particular point source than the federal effluent or
pretreatment standard for such source if the more restrictive
effluent limitation is necessary to meet water quality
standards, or the establishment of an effluent standard for a
source or class of sources for which the federal environmental
protection agency has not promulgated standards pursuant to
section 301, 306, or 307 of the federal Water Pollution Control
Act. Except as required by federal law or regulation, the
commission shall not adopt an effluent standard more stringent
with respect to any pollutant than is necessary to reduce the
concentration of that pollutant in the effluent to the level
due to natural causes, including the mineral and chemical
characteristics of the land, existing in the water of the state
to which the effluent is discharged. Notwithstanding any other
provision of this part 1 of subchapter III or chapter 459,
subchapter III , any new source, the construction of which was
commenced after October 18, 1972, and which was constructed
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as to meet all applicable standards of performance for the
new source or any more stringent effluent limitation required
to meet water quality standards, shall not be subject to any
more stringent effluent limitations during a ten-year period
beginning on the date of completion of construction or during
the period of depreciation or amortization of the pollution
control equipment for the facility for the purposes of section
167 or 169 or both sections of the Internal Revenue Code,
whichever period ends first.
Sec. 2. Section 459.102, Code 2024, is amended by adding the
following new subsections:
NEW SUBSECTION . 14A. “Concentrated animal feeding operation”
means the same as defined in 40 C.F.R. §122.23.
NEW SUBSECTION . 28A. “Effluent” means water-carried manure.
NEW SUBSECTION . 30A. “Federal Water Pollution Control Act”
means the federal Water Pollution Control Act of 1972, 33
U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
NEW SUBSECTION . 35A. “Large concentrated animal feeding
operation” means the same as defined in 40 C.F.R. §122.23.
NEW SUBSECTION . 41A. “Medium concentrated animal feeding
operation” means the same as defined in 40 C.F.R. §122.23.
NEW SUBSECTION . 41B. “NPDES permit” means a permit issued
by the department in administering the NPDES permit program.
NEW SUBSECTION . 41C. “NPDES permit program” means the
national pollutant discharge elimination system (NPDES) permit
program pursuant to the federal Water Pollution Control Act.
NEW SUBSECTION . 52A. “Small concentrated animal feeding
operation” means the same as defined in 40 C.F.R. §122.23.
Sec. 3. Section 459.103, Code 2024, is amended to read as
follows:
459.103 General authority —— commission and department.
1. The commission shall establish by rule adopted pursuant
to chapter 17A , requirements relating to the construction,
including expansion, or operation of animal feeding operations,
including related animal feeding operation structures. The
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requirements shall include but are not limited to minimum
manure control, the issuance construction of permits, and
departmental investigations, inspections, and testing. The
commission shall establish by rule adopted pursuant to chapter
17A requirements relating to the storage, treatment, and
application of manure and other effluent originating from
animal feeding operations.
2. Any provision referring generally to compliance with
the requirements of this chapter as applied to animal feeding
operations also includes compliance with requirements in
rules adopted by the commission pursuant to this section ,
orders issued by the department as authorized under this
chapter , and the terms and conditions applicable to licenses,
certifications, construction permits, or manure management
plans required under subchapter III . However, for purposes of
approving or disapproving an application for a construction
permit as provided in section 459.304 , conditions for the
approval of an application based on results produced by a
master matrix are not requirements of this chapter until the
department approves or disapproves an application based on
those results.
Sec. 4. Section 459.301, Code 2024, is amended by adding the
following new subsection:
NEW SUBSECTION . 4A. For purposes of determining compliance
with the rules adopted by the commission to implement and
administer the NPDES permit program, the department shall count
all animals according to type as used to determine whether an
animal feeding operation is a small concentrated animal feeding
operation, medium concentrated animal feeding operation, or
large concentrated animal feeding operation.
Sec. 5. NEW SECTION . 459.301A Federal law —— NPDES permit
program.
1. This subchapter establishes minimum requirements for
managing animal feeding operations to protect water quality.
The commission shall establish by rule adopted pursuant to
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chapter 17A requirements relating to the implementation and
administration of the NPDES permit program, including the
issuance of NPDES permits in accordance with the requirements
of this subchapter and the federal Water Pollution Control Act.
2. The commission shall establish permitting requirements
under the NPDES permit program by rule adopted pursuant
to chapter 17A governing an animal feeding operation that
is a medium concentrated animal feeding operation or large
concentrated animal feeding operation.
3. a. NPDES permit conditions adopted by commission rule
applying to a medium concentrated animal feeding operation
under this section may exceed any applicable federal standard
applying to that medium concentrated animal feeding operation,
including under the federal Water Pollution Control Act.
b. NPDES permit conditions adopted by commission rule
applying to a large concentrated animal feeding operation
under this section may exceed any applicable federal standard
applying to that large concentrated animal feeding operation,
including under the federal Water Pollution Control Act.
4. NPDES permit conditions adopted by commission rule
applying to a medium concentrated animal feeding operation or
a large concentrated animal feeding operation must require
that the owner or operator of such concentrated animal feeding
operation do all of the following:
a. Conduct representative effluent monitoring, including
monitoring for pollutants originating from the concentrated
animal feeding operation that is discharged to navigable waters
through groundwater.
b. Report data collected from monitoring for pollutants
described in paragraph “a” to the department each ninety days.
The department shall publish the data on its internet site.
Sec. 6. Section 459.311, Code 2024, is amended to read as
follows:
459.311 Minimum requirements for manure control.
1. a. A confinement feeding operation shall retain all
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manure produced by the operation between periods of manure
disposal.
b. For purposes of this section , dry manure may be retained
by stockpiling as provided in this subchapter . The stockpiled
manure shall be deemed part of the confinement feeding
operation where the manure originated.
c. A confinement feeding operation shall not discharge
manure directly into water of the state or into a tile line
that discharges directly into water of the state.
2. Notwithstanding subsection 1 , a A confinement feeding
operation that is a concentrated animal feeding operation as
defined in 40 C.F.R. §122.23(b) shall comply with applicable
rules adopted by the commission to implement and administer the
national pollutant discharge elimination system permit program
requirements as provided in the federal Water Pollution Control
Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 122 and
412 , pursuant to rules that shall be adopted by the commission.
Any rules adopted pursuant to this subsection shall be no more
stringent than requirements under the federal Water Pollution
Control Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts.
122 and 412 section 459.301A . The commission shall adopt
separate requirements for confinement feeding operations,
open feedlot operations, and animal truck wash facilities as
provided in chapter 459A.
3. Manure from an animal feeding operation shall be
disposed of in a manner which will that does not cause surface
water or groundwater pollution. Disposal in accordance with
the provisions of state law, including this chapter , rules
adopted pursuant to the provisions of state law, including
this chapter , guidelines adopted pursuant to this chapter ,
and section 459.314 , shall be deemed as compliance with this
requirement.
4. The department may require that the owner of a
confinement feeding operation shall install and operate a water
pollution monitoring system as part of an unformed manure
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storage structure the confinement feeding operation . The
monitoring system shall record data regarding the type and
quantity of effluent originating from a confinement feeding
operation that is discharged to the groundwater or a surface
water source. The owner or operator of the confinement feeding
operation shall report the data to the department each ninety
days. The department shall publish the data on its internet
site.
5. The owner of the confinement feeding operation which
that discontinues the use of the operation shall remove all
manure from related confinement feeding operation structures
used to store manure, by a date specified in an order issued to
the operation by the department, or six months following the
date that the confinement feeding operation is discontinued,
whichever is earlier.
Sec. 7. Section 459A.102, subsections 11 and 24, Code 2024,
are amended to read as follows:
11. “Concentrated animal feeding operation” means the same as
defined in 40 C.F.R. §122.23 section 459.102 .
24. “NPDES permit” means a permit issued by the department
under the national pollutant discharge elimination system
pursuant to the federal Water Pollution Control Act of 1972 , 33
U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 122 and 412 the
same as defined in section 459.102 .
Sec. 8. Section 459A.401, subsection 2, Code 2024, is
amended to read as follows:
2. Notwithstanding subsection 1 , an open feedlot operation
that is a concentrated animal feeding operation shall comply
with applicable rules adopted by the commission implementing
and administering the NPDES permit requirements program as
provided in the federal Water Pollution Control Act , pursuant
to rules that shall be adopted by the commission. Any rules
adopted pursuant to this subsection shall be no more stringent
than requirements under the federal Act section 459.301A .
Sec. 9. Section 459A.502, Code 2024, is amended to read as
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follows:
459A.502 Violations —— civil penalty.
1. a. A Except as provided in paragraph “b” , a person
who violates this chapter shall be subject to a civil penalty
which shall be established, assessed, and collected in the same
manner as provided in section 455B.191 .
b. A person who violates a provision regulating an open
feedlot operation is subject to a civil penalty which shall
be established, assessed, and collected in the same manner as
provided in section 455B.109 or 455B.191.
2. Any collected civil penalty and interest on a civil
penalty collected under this section shall be credited to the
Iowa nutrient research fund created in section 466B.46 .
3. A person shall not be subject to a penalty under this
section and a penalty under section 459.603 for the same
violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
BACKGROUND —— STATE LAW. This bill amends provisions
regulating animal feeding operations (AFOs) in which
agricultural animals are confined and fed and maintained
for 45 days or more in any 12-month period, and includes
all structures used for the storage of manure from animals
in the operation and the discharge of manure or effluent
originating from the AFO (Code chapters 459 and 459A). The
regulations are administered and enforced by the department of
natural resources (DNR) including the environmental protection
commission (EPC). State law recognizes several types of
AFOs, including confinement feeding operations (CFOs) in
which animals are housed (confined) under roof (Code chapter
459). Special provisions govern open feedlots where animals
are kept in unroofed or partially roofed structures (Code
chapter 459A). In both cases, natural vegetation is not
available to the animals. In Iowa, a CFO is subject to both
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air and water protection statutes and rules. Under water
quality regulations, the owner or operator of an AFO may be
required to obtain authorization from DNR to do business. The
authorization takes the form of a construction permit for
a CFO (Code section 459.304) or an open feedlot operation
(Code section 459A.205) or a manure management plan for a CFO
(Code section 459.312) or nutrient management plan for an open
feedlot operation (Code section 459A.208). The EPC may by
rule require the owner or operator of a CFO to install a water
pollution monitoring system as part of an unformed (dirt or
clay) manure storage structure (Code section 459.311). The
level of regulation sometimes depends upon a formula that
calculates the degree to which the AFO presents a threat to
water quality measured by: (1) the type of animals maintained
and (2) the number of animals maintained. For example, a
construction permit is required for a CFO that has an animal
unit capacity (AUC) of 1,000 animal units (AUs) (Code section
459.303) and each head of butcher or breeding swine weighing
more than 55 pounds is assigned a special equivalency factor of
0.4 animal units (Code section 459.102) (0.4 AU x 1,000 AUC =
400 head).
BACKGROUND —— FEDERAL LAW. AFOs are also regulated under
federal law by the environmental protection agency (EPA) that
administers and enforces the national pollutant discharge
elimination system (NPDES) program pursuant to the federal
Water Pollution Control Act of 1972 (33 U.S.C. ch. 26, as
amended, and 40 C.F.R. pts. 122 and 412). EPA contracts with
DNR to administer and enforce the NPDES program. Under the
NPDES program, AFOs are referred to as concentrated animal
feeding operations (CAFOs). A CAFO is classified by its own
formula that also factors the type and number of animals kept.
The regulations apply to large, medium, and small CAFOs. For
example, a small CAFO includes less than 750 head of swine
weighing 55 or more pounds, a medium CAFO includes between 750
and 2,499 head, and a large CAFO includes 2,500 or more head.
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BACKGROUND —— STATE AND FEDERAL REGULATION. The purpose
of both state and federal regulation is to prevent manure or
effluent from contaminating groundwater and surface water.
In compliance with federal law, manure from a CAFO cannot be
disposed (discharged) in a manner that will cause surface
water or groundwater pollution (Code section 459.311). A CAFO
must retain all manure between periods of disposal (i.e., land
application). An open feedlot must install structures that
filter manure and effluent runoff (Code section 459A.401).
However, in all cases involving the treatment of wastewater,
and the discharge of manure and effluent originating from an
AFO, rules adopted by the EPC can be no more stringent than
federal law (Code sections 455B.173, 459.311, and 459A.401).
BILL’S PROVISIONS. The bill eliminates the provision that
prevent EPC rules regulating wastewater, or manure or effluent
originating from an AFO, from being more stringent than federal
law. The bill provides that statutes regulating AFOs are
minimum requirements, and that the EPC is to adopt permitting
requirements by rule under the NPDES program, including for
those AFOs classified as medium and large under federal law.
The EPC rules may exceed applicable federal standards applying
to a medium or large CAFO. In addition, the owner or operator
of a medium or large CAFO must conduct effluent monitoring
of pollutants discharged to navigable waters through the
groundwater. The owner or operator must report the collected
data to DNR which must publish it on its internet site.
CIVIL PENALTIES. Compliance with a statutory regulation
includes compliance with a rule adopted by DNR (Code section
459.103). A person violating a water quality regulation under
Code chapter 459 is subject to the administrative assessment
of a civil penalty by DNR of not more than $10,000 or a
judicial assessment of a civil penalty of $5,000 (Code sections
455B.109, 455B.191 and 459.603). Currently, a person violating
a water quality regulation applying to an open feedlot is
subject to the judicially assessed civil penalty (Code section
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459A.502). The bill also provides that the person is subject
to the administratively assessed civil penalty.
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