Pages 1804 to 1937 include ARC 9863A to ARC 9889A

Schedule for rule making 1796

Publication procedures 1797

Administrative rules on CD–ROM 1797

Agency identification numbers 1802

CITATION OF ADMINISTRATIVE RULES 1795

Notice, Newton correctional facility, ch 28
ARC 9879A 1804

Notice, Fort Dodge correctional facility,
ch 29 ARC 9880A 1805

Notice, Iowa senior living program—
home– and community–based services for
seniors, ch 28 ARC 9884A 1805

Filed Emergency, Iowa senior living
program—home– and community–based
services for seniors, ch 28 ARC 9864A 1930

Notice, Emissions, 22.1, 22.3, 22.4(1), 22.100,
22.106, 23.1, 23.2(3), 23.3(2), 24.1, 25.1(9)
ARC 9885A 1806

Notice, Water supplies, amendments to chs 40 to 43,
83 ARC 9888A 1811

Notice, Operator certification: public water
supply systems and wastewater treatment and
collection systems, ch 81 ARC 9886A 1858

Filed, Water quality, 61.2(2)“h” ARC 9887A 1936

Notice, Medicaid—pregnant women and infants,
75.1(28) ARC 9867A 1867

Notice, Skilled nursing and home health aide
services; home– and community–based services
waivers, 77.30, 77.33(6), 77.34(5), 77.37,
77.39, 78.9, 78.34, 78.37, 78.38(5), 78.41,
78.43, 79.1, 83.1, 83.2, 83.6, 83.21,
83.22(2), 83.41, 83.60, 83.61, 83.66,
83.81, 83.82, 83.86 ARC 9881A 1868

Notice, Medicaid, 78.31, 79.1, 81.1, 81.6, 81.13(9)
ARC 9882A 1888

Notice, HAWK–I program, 86.2(2)
ARC 9868A 1893

Notice, Crediting of current and delinquent
support, 95.1, 95.3 ARC 9870A 1893

Notice, Child care, 130.3(1), 130.4(3),
170.4(7) ARC 9871A 1894

Notice, Adoption, independent living, home studies,
and shelter care providers, 150.3(5), 150.22(7)
ARC 9872A 1896

Notice, Foster family and adoptive homes,
156.6(1) ARC 9873A 1897

Notice, Iowa senior living trust fund; nursing
facility conversion and long–term care services
development grants, chs 161, 162
ARC 9883A 1898

Notice, Pregnancy prevention programs, 163.1,
163.3(1), 163.4(2), 163.5(3) ARC 9874A 1904

Notice, Rehabilitative treatment services providers,
185.112(1) ARC 9875A 1905

Filed Emergency, HAWK–I program, 86.2(2)
ARC 9869A 1933

Filed Emergency, Replacement of life insurance
and annuities, 16.22, 16.23, 16.24(2), 16.25(4),
16.26(1), 16.28(2), 16.29(3) ARC 9863A 1934

Summarized list 1798

Notice, General, adopt chs 1, 5; amend chs 4, 7, 9, 10,
13, 22, 24, 26; rescind chs 6, 20, 21, 25
ARC 9865A 1905

Filed, Competing nominations by nonparty
political organizations, 21.201 ARC 9889A 1936

Decisions summarized 1938

Notice, Zoning—applicants for dealer’s
or used vehicle wholesaler’s licenses,
425.10(6), 425.52(1) ARC 9876A 1915

Notice, Fees for driver’s licenses; waiver
or refund of license fees—pilot project,
602.3, 605.9, 605.10, 630.2(6)
ARC 9866A 1916

Notice Terminated, Restoration of agricultural
lands during and after pipeline construction,
ch 9 ARC 9877A 1917

Notice, Restoration of agricultural lands during
and after pipeline construction, ch 9
ARC 9878A 1917

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

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Rules will not be accepted after 12 o’clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator’s office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

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State Capitol
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To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)“b” by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“Umbrella” agencies and elected officials are set out below at the left–hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory “umbrellas.”

Other autonomous agencies which were not included in the original reorganization legislation as “umbrella” agencies are included alphabetically in small capitals at the left–hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African–Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code section 904.108(1)“k,” the Department of Corrections gives Notice of Intended Action to rescind Chapter 28, “Correctional Release Center,” and to adopt a new Chapter 28, “Newton Correctional Facility,” Iowa Administrative Code.

These proposed rules provide for the days and hours of visits, tours, and offender trips at the Newton Correctional Facility.

Any interested person may make written suggestions or comments on the proposed amendment on or before July 5, 2000. Such written materials should be sent to the Director of Policy and Legal Services, Corrections Department, 420 Keo Way, Des Moines, Iowa 50309.

There will be a public hearing on July 5, 2000, from11 a.m. to 1 p.m. in the Second Floor Conference Room, 420 Keo Way, Des Moines, Iowa 50309, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements should contact the Department of Corrections and advise of special needs.

This amendment is intended to implement Iowa Code section 904.512.

The following amendment is proposed.

Rescind 201—Chapter 28 and adopt the following new chapter in lieu thereof:

CHAPTER 28
NEWTON CORRECTIONAL FACILITY

28.1(1) Visiting hours. Visiting hours are from 10 a.m. to 8 p.m., Sunday, Monday, Thursday, Friday, and Saturday.

a. All visitors must show proof of identification and must submit to a personal search.

b. In the event that the maximum visiting capacity has been reached, visits will be shortened to accommodate new arrivals.

28.1(2) General population. Each visitor will be allowed two 3–hour visits per week if the offender is in Level 4 or three 3–hour visits per week if the offender is in Level 5. Offenders are permitted a maximum of five visitors at any given time without advance, written permission of the security director.

28.1(3) Close custody. Offenders in close custody, Levels 1 and 2, may receive one 1–hour, noncontact visit per week. Offenders in close custody, Level 3, may receive one 2–hour, contact visit per week.

28.1(4) Disciplinary detention. Offenders in disciplinary detention will be allowed one 1–hour, noncontact visit per week, by immediate family only. Children under the age of 18 shall not be permitted to visit any offender in this status.

28.1(5) County/federal detainees. County or federal detainees will be permitted one 30–minute, noncontact visit per week, by immediate family only.

28.2(1) Visiting hours are from 8:15 a.m. to 4:30 p.m. on Saturdays, Sundays, and holidays and from 5:45 p.m. to9:45 p.m., Monday through Friday. Visiting hours are scheduled to avoid conflicts with offender work programs/assignments.

28.2(2) An approved visitor may visit three times per week for a maximum of three hours per visit.

a. Offenders are permitted to have a maximum of five visitors at any given time without advance written permission from the security director.

b. Offenders on dormitory confinement are permitted one 2–hour visit per week during normal visiting hours by immediate family only.

c. Visiting hours for offenders in administrative/disciplinary segregation are from 10 a.m. to 3 p.m., Monday through Friday. Visits shall be scheduled in advance by the visitor. Visitors shall be immediate family only, and visits shall be limited to one hour and shall be noncontact.

28.2(3) Upon arrival, all visitors shall report to the control center. All visitors must be prepared to show proof of identification. In the event that maximum visiting capacity has been exceeded, visits will be shortened to two hours to accommodate new arrivals.

28.2(4) Outdoor visits are permitted April 15 through October 15, weather permitting.

28.2(5) Visits for offenders of the violator program will be permitted only in conjunction with scheduled support–group treatment activities after the fourth week of treatment program participation. These visits must be scheduled with the unit director.

28.2(6) Visitors will have access only to designated visiting areas of the institution.

28.2(7) Visits between an attorney and offender shall be permitted during normal business hours or visiting hours. Such visits during nonbusiness hours shall be by appointment as authorized by the warden or designee.

28.2(8) Visitors must report to the control center at the end of the visit prior to leaving the institution.

28.3(1) Tours of institutional facilities are available primarily for adult groups. In special cases, tours may be granted for persons under the age of 18 at the discretion of the warden or designee. Tours must be approved by the warden or designee.

28.3(2) Prior approval from the warden or designee shall be required for relatives or close friends of offenders to tour the institution.

201—28.4(904) Trips of offenders. An outside group wishing to schedule a presentation by a panel of offenders from the correctional release center shall send a written request to the institution’s treatment director. Trips are limited to a 100–mile radius. Permission may be granted for longer trips at the discretion of the warden.

These rules are intended to implement Iowa Code section 904.512.

Pursuant to the authority of Iowa Code section 904.108(1)“k,” the Department of Corrections gives Notice of Intended Action to adopt Chapter 29, “Fort Dodge Correctional Facility,” Iowa Administrative Code.

These rules provide for the days and hours of visits and tours at the Fort Dodge Correctional Facility.

Any interested person may make written suggestions or comments on the proposed amendment on or before July 5, 2000. Such written materials should be sent to the Director of Policy and Legal Services, Corrections Department, 420 Keo Way, Des Moines, Iowa 50309.

There will be a public hearing on July 5, 2000, from 11 a.m. to 1 p.m. in the Second Floor Conference Room, 420 Keo Way, Des Moines, Iowa 50309, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements should contact the Department of Corrections and advise of special needs.

This amendment is intended to implement Iowa Code section 904.512.

The following new chapter is proposed.

CHAPTER 29
FORT DODGE CORRECTIONAL FACILITY

29.1(1) Visitation within the Fort Dodge correctional facility is additionally governed by the provision of department of corrections policy IN–V–122.

29.1(2) Contact and noncontact visiting areas are available.

29.1(3) Visiting hours are from 1 p.m. to 8 p.m., Thursday, Friday, Saturday, Sunday and Monday as well as New Year’s Day, July 4 and Christmas Day.

29.1(4) Visits are limited to a maximum of three hours on weekdays and two hours on weekends.

29.1(5) All visitors shall present proper identification upon entrance to the institution. Photo identification is required for all visitors 16 years of age and older.

29.1(6) Visitors shall be required to clear a metal detector scan or other scanning device prior to admittance and may be requested to submit to a pat down search by staff of the same sex.

29.1(7) Each approved visitor will be allowed eight visits per month. Offenders will be permitted a maximum of five visitors at one time.

29.1(8) Attorneys, law enforcement officials and clergy are not required to be placed on an offender’s visiting list. However, these visitors are encouraged to make prior arrangements for visitation and shall present proof of identity and appropriate credentials before entrance to the institution. The offender must express a desire to visit with clergy or an attorney before either is admitted to the facility for a visit.

29.1(9) County/federal detainees. Detainees will be allowed visitation with immediate family, approved clergy, and legal representatives. In limited circumstances, the names of additional visitors may be submitted by the assigned counselor and approved by the unit manager. Visiting hours for detainees are from 1 p.m. to 8 p.m. Sunday, Monday, Thursday, Friday, and Saturday. Subject to availability of space, detainees are allowed up to three 1–hour noncontact visits per week. Generally, these visits shall be conducted in the noncontact visitation area of the institution’s visiting room. Attorney or legal representative visits may be contact visits and shall take place in the attorney visit area of the visiting room.

29.2(1) Offenders housed in Unit A shall visit in the noncontact visiting areas of Unit A. Visitors shall check in at reception and then be escorted to Unit A visiting area by staff.

29.2(2) Visiting is restricted to two adult immediate family members or two clergy members at a time.

29.2(3) Offenders are allowed one visit per week. This visit is limited to one hour.

29.3(1) The noncontact visiting area in the visiting room shall be used.

29.3(2) A maximum of two persons, and one small child per adult who can sit on an adult’s lap, will be allowed.

29.3(3) Visitors shall be escorted to one of the noncontact visiting rooms located adjacent to the visiting room.

201—29.4(904) Tours. Tours of the institution are limited to persons 18 years of age and older having a genuine interest in corrections and for whom the tour might prove beneficial or enlightening. These persons may include prospective employees, college or university student groups, legislators and their staff, employees of other governmental agencies, and civic organizations. Other individuals or groups may be permitted to tour the institution upon the specific approval of the office of the warden.

These rules are intended to implement Iowa Code section 904.512.

Pursuant to the authority of 2000 Iowa Acts, Senate File 2193, section 7, subsection 2, and section 21, the Department of Elder Affairs hereby adopts Chapter 28, “Iowa Senior Living Program—Home– and Community–Based Services for Seniors,” Iowa Administrative Code.

These rules implement provisions of 2000 Iowa Acts, Senate File 2193, the Iowa Senior Living Program Act. The goal of the Iowa Senior Living Program Act is to create a comprehensive long–term care system that is consumer–directed, provides a balance between the alternatives of institutionally and noninstitutionally provided services, and contributes to the quality of the lives of Iowans.

Funds are available from the Iowa Senior Living Trust Fund to the Area Agencies on Aging and subcontracting long–term care providers for designing and expanding home– and community–based services to low– and moderate–income seniors to promote independence and delay the use of institutional care. These rules set procedure for disbursement of the funds to the Area Agencies on Aging and their subcontractors for state fiscal year (SFY) 2001 and call for incorporation of the disbursement of funds for subsequent state fiscal years into the existing procedure for disbursement of other senior service funds. Allowable and priority uses for the funds and reporting requirements for the Area Agencies on Aging and their subcontractors and the department are established.

These rules do not provide for any waivers in specific situations because disbursement of the trust fund will confer a benefit on providers and consumers. Participation by long–term care providers is voluntary.

Any interested person may make written suggestions or comments on the proposed rules on or before July 6, 2000. Written comments should be directed to Dr. Judith A. Conlin, Director, Department of Elder Affairs, Clemens Building, Third Floor, 200 Tenth Street, Des Moines, Iowa 50309–3609.

Oral or written comments may be submitted at a public hearing to be held at 10 a.m. Thursday, July 6, 2000, in the North Conference Room, Department of Elder Affairs. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules.

These rules were also Adopted and Filed Emergency and are published herein as ARC 9864A. The content of that submission is incorporated by reference.

These rules are intended to implement 2000 Iowa Acts, Senate File 2193, sections 7, 9 and 10.

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 24, “Excess Emission,” and Chapter 25, “Measurement of Emissions,” Iowa Administrative Code.

Item 1 incorporates a notification to the department requirement for certain types of emission units falling under a construction permit exemption. This notification process will ensure that the Department knows an exemption is being claimed and will clarify whether a particular piece of equipment needs or does not need a construction permit. Notification is required for emission units with construction or start–up dates on or after November 24, 2000. For emission units covered under the exemption that were constructed or operated before November 24, 2000, written notification of the fact that the exemption was taken on emission units is also requested. This new record keeping and the record keeping that was required under paragraph 22.1(2)“s” have been incorporated into the introductory paragraphs of subrule 22.1(2).

Item 2 amends paragraph “g” to reflect the record–keeping amendments made in Item 1. The revision is for administrative purposes only.

Item 3 deletes the exemption from construction permitting for emission units emitting less than a pound per hour of a pollutant and replaces the paragraph with a new exemption for emergency vents. The proposed deletion of the pound per hour construction permit exemption is being addressed by the addition of a new construction application form that would be specific for an emission unit emitting less than1.0 lb/hr of a pollutant. This is explained in Item 5. The new exemption for emergency vents, etc., is being proposed to address construction permit requirements for emission points that are not expected to have any emissions but could have emissions to prevent equipment damage or personal injury.

Item 4 is a new construction permit exemption that is specific to emissions from specified equipment at teaching and academic research institutions. These sources are anticipated to have minimal emissions.

Item 5 identifies by name and number the forms that can be used to submit a construction permit application. Form 542–XXXX is proposed as a new form which can be used to apply for a construction permit for the emission points emitting less than 1.0 lb/hr of a pollutant. While the 1.0 lb/hr emissions were covered under a construction permit exemption which is proposed to be deleted, that exemption did not apply until the facility had provided specified information to the department that exemption was being taken. In lieu of that information’s being provided to the department as part of the exemption process, facilities will now be required to apply for a construction permit for these sources; however, the information requested will be tailored to the type of information that was required in the exemption.

Item 6 identifies what sources are eligible for using the application form for emission units less than 1.0 lb/hr of a pollutant and identifies what information must be contained in the application.

Item 7 corrects an internal rule citation and changes the reference to one which pertains to the calculation of emission limits based on stack height.

Item 8 adds a new subrule that requires the department to be notified when the ownership of equipment covered by a construction permit changes. This proposal will require facilities to keep the department informed of who owns equipment covered by a construction permit.

Item 9 corrects the date of the latest revision of Appendix W to 40 FR Part 51. Also in the same subrule, the reference to 40 CFR 52.21(1) should read 40 CFR 52.21(l), replacing the number 1 for the letter “l.”

Item 10 deletes a referenced date which implies that there is a level established by the EPA administrator which has defined the level of radionuclides for major source status. The federal regulations reserve the right of the administrator to set these levels, but at this time no levels have been established by the Environmental Protection Agency.

Item 11 clarifies the deadline for submitting annual Title V fees to the Department of Natural Resources. The existing wording requires payment to be made on July 1 of each year. The revised wording allows for payment to be made on or before July 1 of each year.

Item 12 reduces the number of copies of different forms that must be submitted with the annual emissions fee. These fees only apply to Title V facilities.

Item 13 reduces the number of copies of each form required to be submitted with the annual emissions inventory. Instead of the required four copies, only two will now be required.

Items 14 through 17 update references to 40 CFR Part 63. Item 14 identifies provisions of the three new national emission standards for hazardous air pollutants (NESHAPS) that are not delegated to the department which are proposed for adoption by reference in this rule. Items 15 through 17 pertain to the promulgation of three new NESHAPS for hazardous waste combustors at waste incinerators, cement kilns, and at lightweight aggregate kilns, amino/phenolic resin production units, and nonindustrial and industrial publicly owned treatment works, respectively.

Items 18 through 20 update the emission guidelines for hospital/medical infectious waste incinerators (Part 63, Subpart Ce) by incorporating compliance dates. Compliance dates were based on the date the department’s implementation plan was approved by EPA. The department’s 111(d) plan was approved August 16, 1999.

Item 21 removes the exemption to the state’s open burning rules which would allow the burning of material for which there is a local recycling program for the following: trees and tree trimming, landscape waste, residential waste, paper and plastic pesticide containers and seed corn bags.

Item 22 corrects a gap in the regulations from a previous rule making. A revised general particulate emission rate became effective as of July 21, 1999. The regulations did not cover sources which were constructed, modified or reconstructed on July 21, 1999. The proposed rules clarify that the new general particulate emission rate applies to sources constructed after as well as on July 21, 1999, the effective date of the regulations. This item also includes the abbreviation, dscf, for the term “dry standard cubic feet.”

Item 23 pertains to excess emissions and excess emissions reporting and handling by the department. The purpose of these amendments is to conform to EPA’s policy on startups and shutdowns and excess emissions. EPA has informed the department that excess emissions during the cleaning of control equipment is not to be considered an acceptable exclusion from considering excess emissions a violation of a standard. In addition, the amendments provide for criteria when excess emissions from startup and shutdown should not be considered as a violation of the standards.

Item 24 incorporates procedures approved by EPA to calculate calibration drift in continuous opacity monitors in accordance with 40 CFR Part 60 Appendix B, Performance Specification 1 into “Iowa Compliance Sampling Manual.” This procedure would apply only to boilers covered under 567—subrule 25.1(1). This item also clarifies the references to the appendices in the subrule and identifies where they may be found.

Any person may make written suggestions or comments on the proposed rules on or before July 28, 2000. Written comments should be directed to Monica Wnuk, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, fax (515) 242–5094, or by electronic mail to Monica.Wnuk@ dnr.state.ia.us.

An informational meeting will be held at 10:30 a.m. in Conference Rooms 5–8 on June 15, 2000, at the Department’s Air Quality Bureau office located at 7900 Hickman Road, Urbandale, Iowa. At the informational meeting, DNR staff will be available to answer questions on any of the proposed rule revisions.

A public hearing will be held on July 20, 2000, at 1 p.m. in Conference Rooms 5–8 at the Department’s Air Quality Bureau office located at 7900 Hickman Road, Urbandale, Iowa, at which time comments may be submitted orally or in writing. All comments must be received no later than July 28, 2000.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility, should contact Monica Wnuk at (515)281–7212 to advise of any specific needs.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are proposed.

ITEM 1. Amend subrule 22.1(2), introductory paragraph, by adding the following new unnumbered paragraphs:

Beginning on November 24, 2000, this subrule shall not apply unless the department is notified in writing within 30 days of installation or startup of the equipment for which the exemption is being claimed. For equipment already in use on November 24, 2000, and for which an exemption under 22.1(2)“a,” “b,” “e,” “r” or “s” is claimed, the department also shall be notified in writing. Written notification shall contain the following information: the specific exemption claimed, a description of the associated equipment, and the date the equipment was installed or put in use.

A facility claiming to be exempt under the provisions of paragraph “g” shall provide the information listed below to the department. If the exemption is claimed for a source not yet constructed or modified, the information shall be provided to the department at least 30 days in advance of the beginning of construction on the project. If the exemption is claimed for a source that has already been constructed or modified and that does not have a construction permit for that construction or modification, the information listed below shall be provided to the department within 60 days of March 20, 1996. After that date, if the exemption is claimed by a source that has already been constructed or modified and that does not have a construction permit for that construction or modification, the source shall not operate until the information listed below is provided to the department:

• A detailed emissions estimate of the actual and potential emissions, specifically noting increases or decreases, for the project for all regulated pollutants (as defined in 22.100(455B)), accompanied by documentation of the basis for the emissions estimate;

• A detailed description of each change being made;

• The name and location of the facility;

• The height of the emission point or stack and the height of the highest building within 50 feet;

• The date for beginning actual construction and the date that operation will begin after the changes are made; and

• A statement that the provisions of rules 22.4(455B) and 22.5(455B) do not apply.

The written statement shall contain certification by a responsible official as defined in rule 22.100(455B) of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

ITEM 2. Amend subrule 22.1(2), paragraph “g,” as follows:

g. Equipment or control equipment which reduces or eliminates all emission to the atmosphere. If a source wishes to obtain credit for reductions under the prevention of significant deterioration requirements, it must apply for a permit for the reduction prior to the time the reduction is made. If a construction permit has been previously issued for the equipment or control equipment, the conditions of the construction permit remain in effect. In order to use this exemption, the facility must comply with paragraph “s” below.

ITEM 3. Amend subrule 22.1(2) by rescinding paragraph “i” and adopting the following new paragraph “i” in lieu thereof:

i. Emergency emission release systems such as emergency vents, blow–off valves, relief valves, pop–off valves, and explosion doors whose primary purpose is the prevention of equipment damage and personal injury. Emission releases shall be reported as excess emissions as required by 567— 24.1(455B).

ITEM 4. Amend subrule 22.1(2) by rescinding paragraph “s” and adopting the following new paragraph “s” in lieu thereof:

s. The equipment at academic institutions (e.g., high schools, colleges, universities) used exclusively for the purposes of teaching and academic research. The equipment covered under this exemption is limited to: lab hoods, art class equipment, wood shop equipment in classrooms, and fuel–burning units (except incinerators) with a capacity of less than one million BTU per hour fuel capacity.

This exemption shall not apply if its use would conflict with any other provision of law.

ITEM 5. Amend subrule 22.1(3), paragraph “b,” introductory paragraph, as follows:

b. Construction permit applications. Each application for a construction permit shall be submitted to the department on the appropriate form supplied by the department, IDNR Form 542–3190 “Air Construction Permit Application.” or IDNR Form 542–XXXX “Air Construction Permit for Emission Units Below 1.0 lb/hr.” Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer registered in the state of Iowa in conformance with Iowa Code chapter 542B. Information required and eligibility requirements for use of the application for a permit to construct an emission below 1.0 lb/hr are identified in 22.1(3)“d” of this subrule. The application for a permit to construct, IDNR Form 542–3190 “Air Construction Permit Application,” shall include the following information:

ITEM 6. Amend subrule 22.1(3) by adopting the following new paragraph “d”:

d. Application requirements for emission units less than 1.0 lb/hr. Form 542–XXXX, “Air Construction Permit for Emission Units Below 1.0 lb/hr,” can be used only for emission units that emit less than 1.0 lb/hr of a pollutant. Form 542–XXXX may not be used if the emission unit is subject to any of the following: rule 22.4(455B), prevention of significant deterioration requirements; rule 22.5(455B), special requirements for nonattainment areas; 567—subrule 23.1(2), new source performance standards (40 CFR Part 60 NSPS); 567—subrule 23.1(3), emission standards for hazardous air pollutants (40 CFR Part 61 NESHAP); 567—subrule 23.1(4), emission standards for hazardous air pollutantsfor source categories (40 CFR Part 63 NESHAP); or 567— subrule 23.1(5), emission guidelines. The application for emission units that meet the eligibility criteria above shall include the following information:

(1) Location information of the emission unit;

(2) Emission unit description and specifications;

(3) Control equipment description and specifications;

(4) Specifications on the stack or vent;

(5) Emission calculations;

(6) Emission inventory at the facility;

(7) Eligibility criteria checklist; and

(8) A certification from the responsible official that the emission unit complies with eligibility requirements and that information provided in the application is true, accurate and complete.

ITEM 7. Amend subrule 22.3(1), paragraph “c,” as follows:

c. That the applicant has not relied on emission limits based on stack height that exceeds good engineering practice or any other dispersion techniques as defined in 567—subrule 23.1(4) 23.1(6), and

ITEM 8. Amend 567—22.3(455B) by adopting the following new subrule:

22.3(8) Ownership change of permitted equipment. The department shall be notified in writing no later than 30 days after the change in ownership of equipment covered by a construction permit pursuant to 567—22.1(455B). The notification to the department shall include the following information:

a. The date of ownership change;

b. The name, address and telephone number of the responsible official, contact person and the owner of the equipment both before and after ownership change; and

c. The construction permit number of the equipment changing ownership.

ITEM 9. Amend subrule 22.4(1) as follows:

22.4(1) Federal rules 40 CFR 52.21(a) (Plan Disapproval), 52.21(q) (Public Participation), 52.21(s) (Environmental Impact Statement), and 52.21(u) (Delegation of Authority) are not adopted by reference. Also, for the purposes of 40 CFR 52.21(1) 52.21(l), the department adopts by reference Appendix W to 40 CFR 51, Guideline on Air Quality Models (Revised), as adopted March August 12, 1996.

ITEM 10. Amend 567—22.100(455B), definition of “major source,” numbered paragraph “2,” as follows:

2. A major source of hazardous air pollutants according to Section 112 of the Act as follows:

For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act and these rules or 25 tpy or more of any combination of such hazardous air pollutants. Notwithstanding the previous sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emission from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources.

For Title V purposes, all fugitive emissions of hazardous air pollutants are to be considered in determining whether a stationary source is a major source.

For radionuclides, “major source” shall have the meaning specified by the administrator by rule as of January 18, 1994.

ITEM 11. Amend subrule 22.106(1) as follows:

22.106(1) Fee established. Any person required to obtain a Title V permit shall pay an annual fee based on the total tons of actual emission of each regulated air pollutant, beginning November 15, 1994. Beginning July 1, 1996, Title V operating permit fees will be paid on or before July 1 of each year. The fee shall be based on actual emissions required to be included in the Title V operating permit application and the annual emissions statement for the previous calendar year. The department and the commission will review the fee structure on an annual basis and adjust the fee as necessary to cover all reasonable costs required to develop and administer the programs required by the Act. The department shall submit the proposed budget for the following fiscal year to the commission no later than the March meeting. The commission shall set the fee based on the reasonable cost to run the program and the proposed budget no later than the May commission meeting of each year. The commission shall provide an opportunity for public comment prior to setting the fee. The commission shall not set the fee higher than $29 per ton without adopting the change pursuant to formal rule making.

ITEM 12. Amend subrule 22.106(3), paragraph “a,” introductory paragraph, as follows:

a. The fee shall be submitted annually by July 1. The fee shall be submitted with four two copies of the following forms:

ITEM 13. Amend subrule 22.106(3), paragraph “b,” introductory paragraph, as follows:

b. Four Two copies of the following forms shall be submitted annually by March 31 documenting actual emissions for the previous calendar year:

ITEM 14. Amend subrule 23.1(4), introductory paragraph, as follows:

23.1(4) Emission standards for hazardous air pollutants for source categories. The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended through June 29, 1999 January 20, 2000, are adopted by reference, except 40 CFR §§63.6(g) and (h)(9), 63.7(c)(2)(i), 63.7(e)(2)(ii) and (f), 63.8(f), 63.10(f), 63.12, 63.14, 63.15, 63.40(a), 63.42(a) and (b), 63.43(c) and (f) to (m), 63.177, 63.560(b) and (e)(2) and (3), 63.562(c) and (d), 63.772, 63.777, 63.694, 63.996 to 63.999, 63.1022 to 63.1024, 63.1038, 63.1039, 63.1062, 63.1063(a) and (b), 63.1064 to 63.1066, 63.1157, 63.1158, 63.1161(d)(1), 63.1162(a)(2) to (5), 63.1162(b)(1) to (3), 63.1165, 63.1282, and 63.1287, 63.1403 to 63.1410, and 63.1414 to 63.1417, and shall apply to the following affected facilities. The corresponding 40 CFR Part 63 Subpart designation is in parentheses. 40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (F_bio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purpose of this subrule, “hazardous air pollutant” has the same meaning found in 567— 22.100(455B). For the purposes of this subrule, a “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule, an “area source” means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4)“a,” general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

ITEM 15. Amend subrule 23.1(4) by adopting the following new paragraph “be”:

be. Emission standards for hazardous air pollutants from hazardous waste combustors. These standards apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste burning cement kilns, and hazardous waste burning lightweight aggregate kilns, except as provided in the rule. Both area sources and major sources are subject to this subpart as of September 30, 1999, and are subject to the requirement to apply for and obtain a Title V permit. (Part 63, Subpart EEE)

ITEM 16. Amend subrule 23.1(4) by adopting the following new paragraph “bo”:

bo. Emission standards for hazardous air pollutants for amino/phenolic resins production. These standards apply to new or existing facilities that own or operate an amino or phenolic resins production unit. (Part 63, Subpart OOO)

ITEM 17. Amend subrule 23.1(4) by adopting the following new paragraph “bv”:

bv. Emission standards for hazardous air pollutants publicly owned treatment works (POTW). These standards apply to new or reconstructed nonindustrial POTW and industrial POTW. (Part 63, Subpart VVV)

ITEM 18. Amend subrule 23.1(5), paragraph “b,” subparagraphs (4), (5) and (6), as follows:

(4) Operator training and qualification requirements. Designated facilities shall meet the requirements for operator training and qualification listed in 40 CFR §60.53c by August 16, 2000 (which is within one year from EPA’s approval of the state’s 111(d) plan for HMIWI).

(5) Waste management requirements. Designated facilities shall meet the requirements for a waste management plan listed in 40 CFR §60.55c by June 16, 2002 (which is within 34 months from EPA’s approval of the state’s 111(d) plan for HMIWI).

(6) Inspection requirements. Each remote HMIWI subject to the emission limits under numbered paragraph “2” of subparagraph 23.1(5)“b”(3) must conduct an initial equipment inspection by August 16, 2000 (which is withinone year from EPA’s approval of the state’s 111(d) plan for HMIWI), and perform equipment inspections annually, no more than 12 months after the previous inspection. The facility must complete all necessary repairs within ten operating days following an inspection. If the repairs cannot be accomplished within this period, then the owner or operator must obtain written approval from the department requesting an extension. All inspections shall include the following:

1. through 17. No change.

ITEM 19. Amend subrule 23.1(5), paragraph “b,” subparagraph (12), as follows:

(12) Compliance times for designated facilities planning to retrofit. Designated facilities planning to retrofit existing HMIWI shall comply with the emission limits specified in subparagraph 23.1(5)“b”(3) by August 16, 2002 (which is within three years from EPA’s approval of the state’s 111(d) plan for HMIWI), but not later than September 16, 2002. To ensure compliance, these facilities must also comply with the following increments of progress:

1. Submit construction permit application to the department, as required by rule 567— 22.1(455B), to outline the addition of control equipment and the modification of existing processes by August 16, 2000 (which is within one year from EPA’s approval of the state’s 111(d) plan for HMIWI);

2. Award contracts for control systems or process modifications, or orders for purchase of components by February 16, 2001 (which is within 18 months from EPA’s approval of the state’s 111(d) plan for HMIWI);

3. Initiate on–site construction or installation of the air pollution control device(s) or process changes by August 16, 2001 (which is within two years from EPA’s approval of the state’s 111(d) plan for HMIWI);

4. Complete on–site construction or installation of air pollution control device(s) or process changes by May 16, 2002 (which is within 33 months from EPA’s approval of the state’s 111(d) plan for HMIWI); and

5. Complete initial compliance test(s) on the air pollution control equipment by June 16, 2002 (which is within 34 months from EPA’s approval of the state’s 111(d) plan for HMIWI).

ITEM 20. Amend subrule 23.1(5), paragraph “b,” subparagraph (13), as follows:

(13) Compliance times for designated facilities planning to shut down. Designated facilities planning to shut down an existing HMIWI shall shut down by August 16, 2000 (which is within one year from EPA’s approval of the state’s 111(d) plan for HMIWI). Designated facilities may request an extension from the department to operate the HMIWI for up to two additional years. The request for extension must be submitted to the department by May 16, 2000 (which is within nine months from EPA’s approval of the state’s 111(d) plan for HMIWI) and include the following:

1. Documentation to support the need for the requested extension;

2. An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

3. A plan that documents measurable and enforceable incremental steps of progress to be taken toward compliance with paragraph 23.1(5)“b,” including final compliance date which can be no later than September 16, 2002.

ITEM 21. Amend subrule 23.2(3), introductory paragraph, as follows:

23.2(3) Exemptions. The following shall be permitted unless prohibited by local ordinances or regulations or if the material to be burned in paragraphs “b,” “d,” “f,” and “h” is collected as part of a local recycling program.

ITEM 22. Amend subrule 23.3(2), paragraph “a,” subparagraph (1), as follows:

(1) For sources constructed, modified or reconstructed on or after July 21, 1999, the emission of particulate matter from any process shall not exceed an emission standard of 0.1 grain per dry standard cubic foot (dscf) of exhaust gas, except as provided in 567—21.2(455B), 23.1(455B), 23.4(455B), and 567—Chapter 24.

ITEM 23. Amend rule 567—24.1(455B) as follows:

24.1(1) Excess emission emissions during periods of startup, or shutdown, or cleaning of control equipment. Excess emission during a period of startup, shutdown, or cleaning of control equipment is not a violation of the emission standard if the startup, shutdown or cleaning is accomplished expeditiously and in a manner consistent with good practice for minimizing emissions. Cleaning of control equipment which does not require the shutdown of the process equipment shall be limited to one six–minute period per one–hour period. All periods of excess emissions arising during startup or shutdown shall be treated as violations unless the following can be demonstrated:

24.1(2) Oral report of excess emissions. An incident of excess emission emissions (other than an incident of excess emission during a period of startup, shutdown, or cleaning) shall be reported to the appropriate regional office of the department within eight hours of, or at the start of, the first working day following the onset of the incident. The reporting exemption for an incident of excess emission during startup, shutdown or cleaning does not relieve the owner or operator of a source with continuous monitoring equipment of the obligation of submitting reports required in 567—subrule 25.1(6).

An oral report of excess emission emissions is not required for a source with operational continuous monitoring equipment (as specified in 567—subrule 25.1(1)) if the incident of excess emission emissions continues for less than 30 minutes and does not exceed the applicable emission standard by more than 10 percent or the applicable visible emission standard by more than 10 percent opacity.

The oral report may be made in person or by telephone and shall include as a minimum the following:

a. The identity of the equipment or source operation from which the excess emission emissions originated and the associated stack or emission point.

b. The estimated quantity of the excess emission emissions.

c. The time and expected duration of the excess emission emissions.

d. The cause of the excess emission emissions.

e. The steps being taken to remedy the excess emission emissions.

f. The steps being taken to limit the excess emission emissions in the interim period.

24.1(3) Written report of excess emission emissions. A written report of an incident of excess emission emissions shall be submitted as a follow–up to all required oral reports to the department within seven days of the onset of the upset condition, and shall include as a minimum the following:

a. The identity of the equipment or source operation point from which the excess emission emissions originated and the associated stack or emission point.

b. The estimated quantity of the excess emission emissions.

c. The time and duration of the excess emission emissions.

d. The cause of the excess emission emissions.

e. The steps that were taken to remedy and to prevent the recurrence of the incident of excess emission emissions.

f. The steps that were taken to limit the excess emission emissions.

g. If the owner claims that the excess emission emissions was due to malfunction, documentation to support this claim.

24.1(4) Excess emissions. An incident of excess emission emissions (other than an incident during startup, shutdown or cleaning of control equipment) is a violation. An incident of excess emissions during startup or shutdown is a violation unless the requirements of 24.1(1)“a” through “i” are documented in writing and submitted to the department. If the owner or operator of a source maintains that the incident of excess emission emissions was due to a malfunction, the owner or operator must show that the conditions which caused the incident of excess emission emissions were not preventable by reasonable maintenance and control measures. Determination of any subsequent enforcement action will be made following review of this report. If excess emissions are occurring, either the control equipment causing the excess emission emissions shall be repaired in an expeditious manner or the process generating the emissions shall be shut down within a reasonable period of time. An expeditious manner is the time necessary to determine the cause of the excess emissions and to correct it within a reasonable period of time. A reasonable period of time is eight hours plus the period of time required to shut down the process without damaging the process equipment or control equipment. A variance from this subrule may be available as provided for in Iowa Code section 455B.143. In the case of an electric utility, a reasonable period of time is eight hours plus the period of time until comparable generating capacity is available to meet consumer demand with the affected unit out of service., unless If, upon investigation, the director shall, upon investigation, reasonably determine determines that continued operation of any source constitutes an unjustifiable environmental hazard, the department shall and issue an order that such operation is not in the public interest and require a the process shutdown to commence immediately.

24.1(5) Compliance with other paragraphs. Subrules 24.1(1) to 24.1(4) notwithstanding, a fossil fuel–fired steam generator to which 567—paragraph 23.1(2)“a,” “z,” or “ccc” applies shall comply with 567—paragraph 23.1(2)“a,” “z,” or “ccc.”

ITEM 24. Amend subrule 25.1(9) as follows:

25.1(9) Methods and procedures. Stack sampling and associated analytical methods used to evaluate compliance with emission limitations of 567—Chapter 23 or a permit condition are those specified in the “Compliance Sampling Manual*” adopted by the commission on May 19, 1977, as revised through January 1, 1995 November 24, 2000. Sampling methods, analytical determinations, minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are those found in Appendices A (as amended through March 12, 1996), B (as amended through December 15, 1994) and F (as amended through February 11, 1991,) of 40 CFR Part 60, and 40 CFR 75, Appendices A (as amended through May 22, 1996), B (as amended through May 17, 1995), and H (as amended through July 30, 1993) of 40 CFR Part 75.

Pursuant to the authority of Iowa Code sections 455B.105 and 455B.173, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 40, “Scope of Division—Definitions—Forms—Rules of Practice,” Chapter 41, “Water Supplies,” Chapter 42, “Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance,” Chapter 43, “Water Supplies—Design and Operation,” and Chapter 83, “Laboratory Certification,” Iowa Administrative Code.

Proposed changes to Chapter 40 include an amendment to rule 40.1(455B) regarding the scope of the division to include Chapter 55, “Aquifer Storage and Recovery Rules.” Definitions for the following new terms are proposed: “composite correction program,” “comprehensive performance evaluation,” “comprehensive technical assistance,” “disinfection profile,” “enhanced coagulation,” “enhanced softening,” “filter profile,” “GAC10,” “haloacetic acids,” “maximum residual disinfectant level,” “maximum residual disinfectant level goal,” “SUVA,” and “total organic carbon.” Changes to the definitions of the following terms are proposed: “act,” “acute health effect,” “health advisory,” “influenced groundwater,” “maximum contaminant level goal,” “nonacute health effect,” “special irrigation district,” and “transient noncommunity water system.” The following terms are rescinded: “EPA methods” and “health–based standard.” The construction permit application schedule form number is also corrected.

Proposed amendments to Chapter 41 include minor technical corrections; analytical methodology updates; incorporation of the new Environmental Protection Agency (EPA) disinfectants/disinfection byproducts rule requirements; elimination of the surface water treatment requirements (these will be moved to Chapter 43), elimination of the reiterated ethylene dibromide and 1,2–dibromo–3–chloropropane requirements in 41.11(455B); and sodium reporting requirements.

Proposed amendments to Chapter 42 include minor technical corrections; adoption of the EPA disinfectants/disinfection byproducts and enhanced surface water treatment rule requirements; elimination of the outdated special lead ban public notice requirement; and elimination of the “variances and exemptions” definition from the consumer confidence reporting requirements.

Proposed amendments to Chapter 43 include minor technical corrections; reorganization of the operation fee subrule to allow the Department to adjust the fees by two cents ($0.02) per capita to meet the $350,000 target revenue and charge a late fee of $100; a requirement that the Commission approve any increases above the 14 cents per capita rate; incorporation of new EPA disinfectants/disinfection byproducts and interim enhanced surface water treatment rule requirements; and incorporation of the surface water treatment rule requirements now found in 41.7(455B).

Proposed amendments to Chapter 83 include: allowing certified operators to analyze certain parameters (exempting such from the normal certified laboratory requirements); eliminating the exception for the University of Iowa Hygienic Laboratory(UHL); incorporating the newest version of the underground storage tank program laboratory certification manual; correction of the term “heterotrophic plate count”; clarification of the UHL’s role as the Department’s designated appraisal authority for laboratory certification; new language to allow third parties to provide performance evaluation samples for water supply testing, a new requirement that laboratories annually analyze a performance evaluation sample for each analytical method, new language for the disinfection byproducts quality assurance requirements, and provisions for revocation of a laboratory’s certification upon request.

These chapters and the proposed amendments were reviewed by the water supply technical advisory group at two separate meetings. The group is comprised of individuals representing a wide variety of water supply stakeholders, including professional drinking water organizations, certified operators, environmental interests, public water supply owners, and other state agencies.

Any interested person may make written suggestions or comments on these proposed amendments on or before July 26, 2000. Such written materials should be directed to Diane Moles, Water Supply Section, Department of Natural Resources, Wallace State Office Building, 502 E. Ninth Street, Des Moines, Iowa 50319–0034; fax (515)281–8895. Persons who wish to convey their views orally should contact the Water Supply Section at (515)281–8863 or at the Environmental Protection Commission offices on the fifth floor of the Wallace State Office Building.

There will be six public hearings at which persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. The public hearings will be held at 10 a.m. in the following places on the following dates:

Des Moines July 6, 2000

Auditorium

Wallace State Office Building

502 E. Ninth Street

Des Moines, Iowa

Mason City July 7, 2000

Muse–Norris Conference Center

North Iowa Area Community College

500 College Drive

Mason City, Iowa

Washington July 14, 2000

Helen Wilson Gallery

Washington Public Library

120 E. Main

Washington, Iowa

Atlantic July 18, 2000

Conference Room

Atlantic Municipal Utilities

15 West Third Street

Atlantic, Iowa

Manchester July 19, 2000

Delaware County Community Center

200 E. Acres (at the fairgrounds)

Manchester, Iowa

Storm Lake July 20, 2000

Hansen Room

Siebens Forum

Buena Vista University

Fourth & Grand Avenue

Storm Lake, Iowa

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code section 17A.3(1)“b” and chapter 455B, division III, part 1.

The following amendments are proposed.

ITEM 1. Amend rule 567—40.1(455B) by adopting the following new paragraph in numerical order:

Chapter 55 contains the provisions for public water supply aquifer storage and recovery.

ITEM 2. Amend rule 567—40.2(455B) by amending, adopting, or rescinding the following definitions:

“Act” means the Public Health Service Act as amended by the Safe Drinking Water Act, Public Law 93–523 as amended (42 U.S.C. 300f et seq.).

“Acute health effect” means the health effect of a contaminant which is an immediate rather than a long–term risk to health.

“Comprehensive technical assistance (CTA)” is the performance improvement phase of the composite correction plan that is implemented if the comprehensive performance evaluation results indicate improved performance potential by a filtration plant, in which the system must identify and systematically address plant–specific factors.

“Health advisory (HA)” means a group of levels set by EPA below which no harmful health effect is expected from a given contaminant in drinking water. The HAs used by the department are listed in the most current edition of the EPA “Drinking Water Regulations and Health Advisories” bulletin. The lifetime HA is the concentration of a chemical in drinking water that is not expected to cause any adverse noncarcinogenic effects over a lifetime of exposure, with a margin of safety. The long–term HA is the concentration of a chemical in drinking water that is not expected to cause any adverse noncarcinogenic effects up to approximately seven years (10 percent of an individual’s lifetime of exposure), with a margin of safety.

“Influenced groundwater (IGW)” means groundwater which is under the direct or indirect influence of surface water, as determined by the presence of (1) significant occurrence of insects or other macroorganisms, algae or large–size pathogens such as Giardia lamblia or Cryptosporidium; or (2) significant and relatively rapid shifts in water characteristics such as turbidity (particulate content), temperature, conductivity, or pH which correlate to climatological or surface water conditions, or other parameters as specified in 567— 43.5(455B).

“Maximum contaminant level goal (MCLG)” means the nonenforceable concentration of a drinking water contaminant that is protective of adverse human health effects and allows an adequate margin of safety maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MCLGs are nonenforceable health goals.

“Nonacute health effect” means the health effect of a contaminant which is a long–term rather than immediate risk to health.

“Special irrigation district” means an irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use where the system or the residential or similar users of the system comply with 567— Chapters 40 through 43. the second and third numbered paragraphs listed in the definition of “Service Connection.”

“Transient noncommunity water sysytem system (TNC)” means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per calendar year.

ITEM 3. Amend subrule 40.3(1), introductory paragraph, as follows:

40.3(1) Construction permit application forms. Schedules “1a” through “16d” are required.

ITEM 4. Amend subrule 41.2(1), paragraph “b,” as follows:

b. Maximum contaminant levels (MCL) for total coliforms, fecal coliforms, and E. coli. The MCL is based on the presence or absence of total coliforms in a sample.

(1) Nonacute coliform bacteria MCL.

1. For a system which collects 40 samples or more per month, no more than 5.0 percent of the samples collected during a month may be total coliform–positive. A nonacute total coliform bacteria MCL violation occurs when more than 5.0 percent of routine and repeat samples collected during a month are total coliform–positive, but are not fecalcoliform–positive or E. coli–positive.

2. For a system which collects less than 40 samples per month, no more than one sample collected during a month may be total coliform–positive. A nonacute total coliform bacteria MCL violation occurs when two or more routine and repeat samples collected during a month are total coliform–positive, but are not fecal coliform–positive or E. coli–positive.

(2) Acute coliform bacteria MCL. Any fecal coliform–positive repeat sample or E. coli–positive repeat sample,or any total coliform–positive repeat sample following a fecal coliform–positive or E. coli–positive routine sample constitutes a violation of the MCL for total coliforms. Forpurposes of the public notification requirements in 567—paragraph 42.1(1)“b,” this is a violation that may pose an acute risk to health.

(3) MCL compliance period. Compliance of a system with the MCL for total coliforms in 41.2(1)“b”(1) and (2) is based on each month in which the system is required to monitor for total coliforms.

(4) Compliance determination. Results of all routine and repeat samples not invalidated by the department or laboratory must be included in determining compliance with the MCL for total coliforms. Repeat samples must be analyzed at the same laboratory as the corresponding original routine sample(s), unless written approval for use of a different laboratory is granted by the department.

ITEM 5. Amend subrule 41.2(1), paragraph “c,” subparagraph (1), numbered paragraph “2,” as follows:

2. The public water supply system must collect samples at regular time intervals throughout the month, except that a system which uses only groundwater (except groundwater under the direct influence of surface water, as defined in 567—paragraph 43.5(1)“b”) and serves 4,900 persons or fewer, may collect all required samples on a single day if they are taken from different sites. A system that uses only groundwater and adds a chemical disinfectant or provides water with a disinfectant must measure the residual disinfectant concentration at the same points in the distribution system and at the same time as total coliform bacteria samples are collected. A system that uses surface water or IGW must comply with the requirements specified in 567-numbered paragraph 43.5(4)“b”(2)“2.” The system shall report the residual disinfectant concentration to the laboratory with the bacteria sample, in addition to compliance with the applicable reporting requirements of 567-subrule 42.4(3).

ITEM 6. Amend subrule 41.2(1), paragraph “d,” by adopting the following new subparagraph (5):

(5) Wellhead protection program. For groundwater systems, compliance with the requirements of the department’s Wellhead Protection Program.

ITEM 7. Amend subrule 41.2(1), paragraph “e,” subparagraph (3), as follows:

(3) Total coliform bacteria analytical methodology. Public water supply systems must conduct total coliform analyses in accordance with one of the analytical methods in the following table:

¹Methods 9221A, B; 9222A, B, C; 9221D; and 9223 are contained in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and 19th edition, 1995, American Public Health Association, 1015 Fifteenth Street NW, Washington, DC 20005. Either edition may be used.

²The time from sample collection to initiation of the analysis may not exceed 30 hours. Systems are encouraged but not required to hold samples below 10 degrees Celsius during transit.

³Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests between this medium and lauryl tryptose broth using the water normally tested, and this comparison demonstrates that the false–positive rate and false–negative rate for total coliforms, using lactose broth, is less than 10 percent.

⁴If inverted tubes are used to detect gas production, the media should cover these tubes at least one–half to two–thirds after the sample is added.

⁵No requirement exists to run the completed phase on 10 percent of all total coliform–positive confirmed tubes.

⁶Six–times ⁷Six–times formulation strength may be used if the medium is filter–sterilized rather than autoclaved.

⁷The ⁸The ONPG–MUG Test is also known as the Autoanalysis Colilert System.

ITEM 8. Amend subrule 41.2(1), paragraph “e,” subparagraph (5), as follows:

(5) Fecal coliform analytical methodology. Public water systems must conduct fecal coliform analysis in accordance with the following procedure. When the MTF Technique or presence–absence (P–A) coliform test is used to test for total coliforms, shake the lactose–positive presumptive tube or P–A bottle vigorously and transfer the growth with a sterile 3–mm loop or sterile applicator stick into brilliant green lactose bile broth and EC medium to determine the presence of total and fecal coliforms, respectively. For EPA–approved analytical methods which use a membrane filter, transfer the total coliform–positive culture by one of the following methods: remove the membrane containing the total coliform colonies from the substrate with sterile forceps and carefully curl and insert the membrane into a tube of EC medium. (The laboratory may first remove a small portion of selected colonies for verification); swab the entire membrane filter surface with a sterile cotton swab and transfer the inoculum to EC medium (do not leave the cotton swab in the EC medium); or inoculate individual total coliform–positive colonies into EC medium. Gently shake the inoculated EC tubes to ensure adequate mixing and incubate in a waterbath at 44.5 (+ or -) 0.2 degrees C for 24 (+ or -) 2 hours. Gas production of any amount in the inner fermentation tube of the EC medium indicates a positive fecal coliform test. The preparation of EC medium is described in Method 9221E (paragraph 1a) in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and in the 19th edition, 1995; either edition may be used. Public water supply systems need only determine the presence or absence of fecal coliforms; a determination of fecal coliform density is not required.

ITEM 9. Amend subrule 41.2(1), paragraph “e,” subparagraph (6), as follows:

(6) E. coli analytical methodology. Public water systems must conduct analysis of Escherichia coli (E. coli) in accordance with one of the following analytical methods:

1. EC medium supplemented with 50 micrograms per milliliter of 4–methylumbelliferyl–beta–D–glucuronide (MUG) (final concentration). EC medium is described in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and in the 19th edition, 1995, Method 9221E, paragraph 1a; either edition may be used. MUG may be added to EC medium before autoclaving. EC medium supplemented with 50 micrograms per milliliter of MUG is commercially available. At least 10 mL of EC medium supplemented with MUG must be used. The inner inverted fermentation tube may be omitted. The procedure for transferring a total coliform–positive culture to EC medium supplemented with MUG shall be as specified in subrule 41.2(1)“e”(5) for transferring a total coliform–positive culture to EC medium. Observe fluorescence with an ultraviolet light (366 nm) in the dark after incubating tube at 44.5 plus or minus 0.2 degrees Celsius for 24 plus or minus 2 hours.

2. Nutrient agar supplemented with 100 micrograms per mL 4–methylumbelliferyl–beta–D–glucuronide (MUG) (final concentration). Nutrient agar is described in Method 9221B (paragraph 3) in Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and in the 19th edition, 1995; either edition may be used. This test is used to determine if a total coliform–positive sample, as determined by the Membrane–Filter Technique or any other method in which a membrane filter is used, contains E. coli. Transfer the membrane filter containing a total coliform colony(ies) to nutrient agar supplemented with 100 micrograms per mL (final concentration) of MUG. After incubating the agar plate at 35 degrees Celsius for 4 hours, observe the colony(ies) under ultraviolet light (366 nm) in the dark for fluorescence. If fluorescence is visible, E. coli are present.

3. Minimal Medium ONPG–MUG (MMO–MUG) Test, as set forth in the article “National Field Evaluation of a Defined Substrate Method for the Simultaneous Detection of Total Coliforms and Escherichia coli from Drinking Water: Comparisons with Presence–Absence Techniques” (Edberg et al.), Applied and Environmental Microbiology, Volume 55, pp. 1003–1008, April 1989. (Note: The Autoanalysis Colilert System is an MMO–MUG test.) If the MMO–MUG Test is total coliform–positive after a 24–hour incubation, test the medium for fluorescence with a 366–nm ultraviolet light (preferably with a 6–watt lamp) in the dark. If fluorescence is observed, the sample is E. coli–positive. If fluorescence is questionable (cannot be definitively read) after 24 hours incubation, incubate the culture for an additional four hours (but not to exceed 28 hours total), and again test the medium for fluorescence. The MMO–MUG Test with hepes buffer is the only approved formulation for the detection of E. coli.

ITEM 10. Amend subrule 41.2(3), paragraph “e,” as follows:

e. Analytical methodology. Public water systems shall conduct heterotrophic plate count bacteria analysis in accordance with 567—subrule 43.5(2) and the following analytical method. Measurements for heterotrophic plate count bacteria must be conducted by a laboratory certified by the department to do such analysis., when heterotrophic plate count bacteria are being measured in lieu of a detectable residual disinfectant pursuant to 567-paragraph 43.5(2)“d.” In addition, the time from sample collection to initiation of analysis may not exceed 8 hours, and the systems must hold the samples below 10 degrees Celsius during transit to the laboratory.

(1) Method. The heterotrophic plate count shall be performed in accordance with Method 9215B Pour Plate Method, Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and 19th edition, 1995 (either edition may be used).

(2) Reporting. The public water system shall report the results of heterotrophic plate count in accordance with 567— subparagraph 42.4(3)“c”(2).

ITEM 11. Amend subrule 41.3(1), paragraph “c,” subparagraph (2), numbered paragraph “4,” as follows:

4. Composite sampling. The department may reduce the total number of samples which must be analyzed by the use of compositing. In systems serving less than or equal to 3,300 persons, composite samples from a maximum of five samples are allowed, provided that the detection limit of the method used for analysis is less than one–fifth of the MCL. Compositing of samples must be done in the laboratory. If the concentration in the composite sample is greater than or equal to one–fifth of the MCL of any inorganic chemical, then a follow–up sample must be taken within 14 days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one–fifth of the MCL in the composite sample. If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these duplicates instead of resampling, provided the holding time of the duplicate samples is not exceeded. The duplicate must be analyzed and the results reported to the department within 14 days of collection after completing analysis of the composite sample. If the population served by the system is greater than 3,300 persons, then compositing may only be permitted by the department as sampling points within a single system. In systems serving less than or equal to 3,300 persons, the department may permit compositing among different systems provided the five–sample limit is maintained. Detection limits for each inorganic contaminant analytical method are contained in 41.3(1)“e”(1).

ITEM 12. Amend subrule 41.3(1), paragraph “c,” subparagraph (7), numbered paragraph “1,” as follows:

1. Deadline for IOCs confirmation samples. Where the results of an analysis for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and or thallium indicate an exceedance of the maximum contaminant level, the department may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point.

ITEM 13. Amend subrule 41.3(1), paragraph “c,” subparagraph (8), numbered paragraph “3,” as follows:

3. Blending or treatment processes conducted for the purpose of complying with health–based standards a maximum contaminant level, treatment technique, or action level, and

ITEM 14. Amend subrule 41.3(1), paragraph “e,” subparagraph (1), as follows:

(1) Analytical methods for IOCs. Analysis for the listed inorganic contaminants shall be conducted using the following methods, or their equivalent as determined by EPA. Criteria for analyzing arsenic, barium, beryllium, cadmium, chromium, copper, lead, nickel, selenium, sodium, and thallium with digestion or directly without digestion, and other analytical test procedures are contained in Technical Notes on Drinking Water Methods, EPA–600/R–94–173, October, 1994. This document is available from the National Technical Information Service, NTIS PB95–104766, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161. The toll–free number is (800)553–6847.

The procedures shall be done in accordance with the documents listed below. The incorporation by reference of the following documents was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, effective January 4, 1995. Copies of the documents may be obtained from the sources listed below. Contact the Safe Drinking Water Hotline at (800)426–4791 to obtain information about these documents. Documents may be inspected at EPA’s Drinking Water Docket, 401 M Street SW, Washington, DC 20460 (telephone: (202)260–3027); or at the Office of Federal Register, 800 North Capitol Street NW, Suite 700, Washington, DC.

¹“Methods for Chemical Analysis of Water and Wastes,” EPA–600/4–79–020, March 1983. Available at NTIS, PB84–128677. Also available from US EPA, EMSL, Cincinnati, OH 45268.

²“Methods for the Determination of Metals in Environmental Samples—Supplement I,” EPA–600/R–94–111, May 1994. Available at NTIS, PB94–184942.

³Annual Book of ASTM Standards, 1994, Vols. 11.01 and 11.02, American Society for Testing and Materials (ASTM). Copies may be obtained from the American Society for Testing and Materials, 101 Barr Harbor Drive, West Conshohocken, PA 19428.

⁴18th and 19th edition editions of Standard Methods for the Examination of Water and Wastewater, 1992 and 1995, respectively, American Public Health Association; either edition may be used. Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street NW, Washington, DC 20005.

⁵Techniques of Water Resources Investigation of the U.S. Geological Survey, Book 5, Chapter A–1, 3rd edition, 1989, Method I–3300–85. Available from Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225–0425.

⁶“Methods for the Determination of Inorganic Substances in Environmental Samples,” EPA–600–R–93–100, August 1993. Available at NTIS, PB94–121811 120821.

⁷The procedure shall be done in accordance with the Technical Bulletin 601, “Standard Method of Test for Nitrate in Drinking Water,” July 1994, PN221890–001, Analytical Technology, Inc. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, effective January 4, 1995. Copies may be obtained from ATI Orion, 529 Main Street, Boston, MA 02129. Copies may be inspected at EPA’s Drinking Water Docket, 401 M Street SW, Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street NW, Suite 700, Washington, DC.

⁸Method B–1011, “Water Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion Chromatography.” Copies may be obtained from Waters Corporation, Technical Services Division, 34 Maple Street, Milford, MA 01757.

⁹Method 100.1, “Analytical Method for Determination of Asbestos Fibers in Water,” EPA–600/4–83–043, EPA, September 1983. Available at NTIS, PB83–260471.

¹⁰Method 100.2, “Determination of Asbestos Structure Over 10 Microns in Length in Drinking Water,” EPA–600/R–94–134, June 1994. Available at NTIS, PB94–201902.

¹¹Industrial Method No. 129–71W, “Fluoride in Water and Wastewater,” December 1972, and Method No. 380–75WE, “Fluoride in Water and Wastewater,” February 1976, Technicon Industrial Systems. Copies may be obtained from Bran & Luebbe, 1025 Busch Parkway, Buffalo Grove, IL 60089.

¹²Lower MDLs are reported using stabilized temperature graphite furnace atomic absorption.

¹³Screening method for total cyanides.

¹⁴Measures “free” cyanides.

ITEM 15. Amend subrule 41.3(1), paragraph “e,” subparagraph (2), as follows:

(2) Sampling methods for IOCs. Sample collection for antimony, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium under this subparagraph shall be conducted using the sample preservation, container, and maximum holding time procedures specified in the table below:

SAMPLING METHODS FOR IOCs

¹When indicated, samples must be acidified at the time of collection to pH <2 with concentrated acid, or adjusted with sodium hydroxide to pH >12. Samples collected for metals analysis may be preserved by acidification at the laboratory, using a 1:1 nitric acid solution (50 percent by volume), provided the shipping time and other instructions in Section 8.3 of EPA Methods 200.7, 200.8, and 200.9 are followed. When chilling is indicated, the sample must be shipped and stored at 4 degrees C or less.

²P: plastic, hard or soft; G: glass, hard or soft

³In all cases, samples should be analyzed as soon after collection as possible. Follow additional (if any) information on preservation, containers, or holding times that is specified in the method.

⁴Nitrate may only be measured separate from nitrite in samples that have not been acidified. Measurement of acidified samples provides a total nitrate (sum of nitrate plus nitrite) concentration. Acidification of total nitrate (nitrate plus nitrite) samples must be done in the field at the time of sample collection.

⁵Instructions for containers, preservation procedures, and holding times as specified in Method 100.2 must be adhered to for all compliance analyses, including those conducted with Method 100.1.

ITEM 16. Amend subrule 41.4(1), paragraph “g,” subparagraph (1), as follows:

(1) Analytical methods. The following analytical methods must be used by an approved laboratory, except for temperature which should be measured by the supplier using the approved method: Analyses for alkalinity, calcium, conductivity, orthophosphate, pH, silica, and temperature may be performed by a Grade I, II, III, or IV certified operator meeting the requirements of 567—Chapter 81, any person under the supervision of a Grade I, II, III, or IV certified operator meeting the requirements of 567—Chapter 81, or a laboratory certified by the department to perform analysis under 567—Chapter 83. Analyses under this subrule for lead and copper shall only be conducted by laboratories that have been certified by the department, pursuant to 567-Chapter 83. The following methods must be used:
LEAD, COPPER AND WATER QUALITY PARAMETER ANALYTICAL METHODS

The procedures shall be done in accordance with the documents listed below. The incorporation by reference of the following documents was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, effective January 4, 1995. Copies of the documents may be obtained from the sources listed below. Contact the Safe Drinking Water Hotline at (800)426–4791 to obtain information about these documents. Documents may be inspected at EPA’s Drinking Water Docket, 401 M Street SW, Washington, DC 20460 (telephone: (202)260–3027); or at the Office of Federal Register, 800 North Capitol Street NW, Suite 700, Washington, DC.

¹“Methods for Chemical Analysis of Water and Wastes,” EPA–600/4–79–020, March 1983. Available at NTIS as PB84– 128677. Also available at US EPA, EMSL, Cincinnati, OH.

²“Methods for the Determination of Metals in Environmental Samples,” EPA–600/4–91–010, June 1991. Available at NTIS as PB91–231498.

³Annual Book of ASTM Standards, 1994 and 1996, Vols. 11.01 and 11.02, American Society for Testing and Materials. The previous versions of D1688–95A and D1688–95C (copper), D3559–95D (lead), D1293–95 (pH), D1125–91A (conductivity), and D859–94 (silica) are also approved. These previous versions, D1688–90A, C, D3559–90D, D1293–84, D1125–91A and D859–88, respectively, are located in the Annual Book of ASTM Standards, 1994, Volume 11.01. Copies may be obtained from the American Society for Testing and Materials, 101 Barr Harbor Drive, West Conshohocken, PA 19428.

⁴18th and 19th edition editions of Standard Methods for the Examination of Water and Wastewater, 1992 and 1995, respectively, American Public Health Association. Copies may be obtained from the American Public Health Association, 1015 Fifteenth Street NW, Washington, DC 20005.

⁵Techniques of Water Resources Investigation of the U.S. Geological Survey, Book 5, Chapter A–1, 3rd ed., 1989. Available from Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225–0425.

⁶Samples may not be filtered. Samples that contain less than 1 NTU (Nephelometric turbidity unit) and are properly preserved (concentrated nitric acid to pH < 2) may be analyzed directly (without digestion) for total metals; otherwise, digestion is required. When digestion is required, the total recoverable technique as defined in the method must be used.

⁷“Methods for the Determination of Inorganic Substances in Environmental Samples,” EPA/600/R–93/100, August 1993. Available at NTIS as PB94–121811 120821.

⁸“Methods of Analysis by the U.S. Geological Survey National Water Quality Laboratory—Determination of Inorganic and Organic Constituents in Water and Fluvial Sediments, Open File Report 93–125.” Available at Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

ITEM 17. Amend subrule 41.4(1), paragraph “g,” subparagraph (2), as follows:

(2) Certified laboratory requirements. Analyses Lead and copper analyses under this subrule shall only be conducted by laboratories that have been certified by the department and are in compliance with the requirements of 567- Chapter 83.

ITEM 18. Amend subrule 41.5(1), paragraph “a,” as follows:

a. Applicability. The maximum contaminant levels for volatile and synthetic organic contaminants apply to community and nontransient noncommunity water systems. Compliance with the volatile and synthetic organic contaminant maximum contaminant level is calculated pursuant to 41.5(1)“b.” The maximum contaminant level for total trihalomethanes applies only to community water systems which serve a population of 10,000 or more individuals and which add a disinfectant (oxidant) to the water in any part of the drinking water treatment process. Compliance with the maximum contaminant level for total trihalomethanes is calculated pursuant to 41.5(1)“e”(4). Total trihalomethanes is the sum of the concentrations of bromodichloromethane, dibromochloromethane, tribromomethane (bromoform) and trichloromethane (chloroform). The maximum contaminant level of 0.10 mg/L for total trihalomethanes (the sum of the concentrations of bromodichloromethane, tribromomethane (bromoform), dibromochloromethane, and trichloromethane (chloroform)) applies to all surface water community public water systems (CWS) serving 10,000 or more persons and all IGW CWS serving 10,000 or more persons until December 31, 2001, after which time the systems must comply with 41.6(455B). This 0.10 mg/L MCL also applies to all groundwater CWS serving 10,000 or more persons until December 31, 2003, after which time the systems must comply with 41.6(455B). Compliance with the maximum contaminant level for total trihalomethanes is calculated pursuant to 41.5(1)“e”(4).

ITEM 19. Amend 41.5(1), paragraph “b,” introductory paragraph, as follows:

b. Maximum contaminant levels (MCLs) and analytical methodology for organic compounds. The maximum contaminant levels for organic chemicals are listed in the following table. Analyses for the contaminants in this subrule shall be conducted using the following methods, or their equivalent as approved by EPA.

ITEM 20. Amend subrule 41.5(1), paragraph “b,” subparagraph (1), as follows:

(1) Table:
ORGANIC CHEMICAL CONTAMINANTS, CODES, MCLS, ANALYTICAL METHODS, AND DETECTION LIMITS

*As of January 1, 1999, the contaminant code codes for the following compounds was were changed from the Iowa Contaminant Code to the EPA Contaminant Code:

¹Analyses for the contaminants in this section shall be conducted using the following EPA methods or their equivalent as approved by EPA. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, effective January 4, 1995. Copies may be inspected at EPA’s Drinking Water Docket, 401 M Street SW, Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street NW, Suite 700, Washington, DC.

The following methods are available from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161 (telephone: (800)553–6847).

Methods for the Determination of Organic Compounds in Drinking Water, EPA–600/4–88–039, December 1988, Revised July 1991 (NTIS PB91–231480): Methods 502.2, 505, 507, 508, 508A, and 515.1, 531.1.

Methods for the Determination of Organic Compounds in Drinking Water—Supplement I, EPA–600/4–90–020, July 1990 (NTIS PB91–146027): Methods 506, 547, 550, 550.1, 551.

Methods for the Determination of Organic Compounds in Drinking Water—Supplement II, EPA–600/R–92–129, August 1992 (NTIS PB92–207703): Methods 515.2, 524.2, 548.1, 549.1, 552.1, 555.

Method 1613 “Tetra–through Octa–Chlorinated Dioxins and Furans by Isotope–Dilution HRGC/HRMS,” EPA–821–B–94–005, October 1994 (NTIS PB95–104774).

The following American Public Health Association (APHA) documents are available from APHA, 1015 Fifteenth Street NW, Washington, DC 20005.

Supplement to the 18th edition of Standard Methods for the Examination of Water and Wastewater, 1994, or Standard Methods for the Examination of Water and Wastewater, 19th edition, 1995 (either publication may be used), APHA: Method 6610.

Standard Methods for the Examination of Water and Wastewater, 18th edition, 1992, and 19th edition, 1995 (either edition may be used), APHA: Method 6651.

Methods 504.1, 508.1, and 525.2 515.3 and 549.2 are available from U.S. EPA EMSL NERL, 26 W. Martin Luther King Drive, Cincinnati, OH 45268 (telephone: (513)569–7586).

Other required analytical test procedures germane to the conduct of these analyses are contained in Technical Notes on Drinking Water Methods, EPA–600/R–94–173, October 1994 (NTIS PB95–104766). are listed in this table.

³Substitution of the detector specified in Method 505, 507, 508, or 508.1 for the purpose of achieving lower detection limits is allowed as follows. Either an electron capture or nitrogen–phosphorus detector may be used provided all regulatory requirements and quality control criteria are met.

⁴PCBs are qualitatively identified as Aroclors and measured for compliance purposes as decachlorobiphenyl. Users of Method 505 may have more difficulty in achieving the required detection limits than users of Method 508, 508.1, or 525.2.

ITEM 21. Amend subrule 41.5(1), paragraph “c,” subparagraph (5), numbered paragraph “2,” as follows:

2. If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling, provided the holding time of the samples is not exceeded. The duplicate duplicates must be analyzed and the results reported to the department within 14 days of collection after completing analysis of the composite sample.

ITEM 22. Amend subrule 41.5(1), paragraph “e,” subparagraph (1), as follows:

(1) Applicability. Community water systems which use a groundwater source, serve a population of 10,000 or more individuals, and which add disinfectant (oxidant) to the water in any part of the drinking water treatment process shall analyze for total trihalomethanes in accordance with this subrule, until December 31, 2003, after which time the systems must comply with 41.6(455B). The requirements of this subrule also apply to community water systems which use surface water or IGW in whole or in part and serve 10,000 or more persons, until December 31, 2001, after which time the systems must comply with 41.6(455B). After December 31, 2003, paragraph 41.5(1)“e” is no longer applicable to any Iowa public water supply.

1. and 2. No change.

ITEM 23. Amend subrule 41.5(1), paragraph “f,” subparagraph (2), as follows:

(2) PCB analytical methodology. Analysis for PCBs shall be conducted using the methods in 41.5(1)“b”(1) and as follows:

1. Each system which monitors for PCBs shall analyze each sample using either Method 505, 508, 508.1, or 525.2 or 508 pursuant to 41.5(1)“b.” Users of Method 505 may have more difficulty in achieving the required Aroclor detection limits than users of Method 508, 508.1, or 525.2.

2. and 3. No change.

ITEM 24. Amend 567—Chapter 41 by adopting the following new rule:

41.6(1) Disinfection byproducts.

a. Applicability.

(1) This rule establishes criteria under which CWS and NTNC public water supply systems that add a chemical disinfectant to the water in any part of the drinking water treatment process or which provide water that contains a chemical disinfectant must modify their practices to meet the MCLs listed in this rule and the maximum residual disinfectant levels (MRDL) and treatment technique requirements for disinfection byproduct precursors listed in 567—43.6(455B).

(2) This rule establishes criteria under which TNC public water supply systems that use chlorine dioxide as a disinfectant or oxidant must modify their practices to meet the chlorine dioxide MRDL listed in 567—paragraph 43.6(1)“b.”

(3) Compliance dates for this rule are based upon the source water type and the population served. Systems are required to comply with this rule as follows, unless otherwise noted. The department may assign an earlier monitoring period as part of the operation permit, but compliance with the maximum contaminant level is not required until the dates stated below.

1. Surface water and IGW CWS and NTNC. CWS and NTNC systems using surface water or groundwater under the direct influence of surface water in whole or in part and which serve 10,000 or more persons must comply with this rule beginning January 1, 2002. CWS and NTNC systems serving fewer than 10,000 persons must comply with this rule beginning January 1, 2004.

2. Groundwater CWS and NTNC. CWS and NTNC systems using only groundwater not under the direct influence of surface water must comply with this rule beginning January 1, 2004.

3. TNC using chlorine dioxide. TNC systems are not required to comply with this rule.

(4) Consecutive systems. Consecutive systems that provide water containing a disinfectant or oxidant are required to comply with this rule. A consecutive system may be incorporated into the sampling plan of the supply that produces the water (the primary water supplier), provided:

1. There is a mutual signed agreement between the primary and consecutive system supplied by that primary system that states the primary system will be responsible for the compliance of its consecutive system with this rule, regardless of additional treatment by the consecutive system.

2. Beginning with the primary water supply, each successive consecutive system must also be included in the primary supply’s sampling plan, so that there is no system with its own sampling plan between the primary supply and the consecutive supply covered by the primary supply’s plan.

3. It is understood by the primary and all consecutive systems that, even if only one system in the sampling plan has a violation, all systems in the sampling plan will receive the violation and be required to conduct public notification.

4. The department receives a copy of the signed agreement and approves the sampling plan prior to the beginning of the compliance period.

If a mutual agreement is not possible, each system (the primary system and each consecutive system) is responsible for compliance with this rule for its specific system.

(5) Systems with multiple water sources. Systems with water sources that are used independently from each other, are not from the same source as determined by the department, or do not go through identical treatment processes are required to conduct the monitoring for the applicable disinfectants or oxidants and disinfection byproducts during operation of each source. The system must comply with this rule during the use of each water source.

b. Maximum contaminant levels for disinfection byproducts. The maximum contaminant levels (MCLs) for disinfection byproducts are as follows:

c. Monitoring requirements for disinfection byproducts.

(1) General requirements.

1. Systems must take all samples during normal operating conditions.

2. Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required, with department approval.

3. Failure to monitor in accordance with the monitoring plan required under 41.6(1)“c”(1)“6” is a monitoring violation.

4. Failure to monitor is a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages, and the system’s failure to monitor makes it impossible to determine compliance with MCLs.

5. Systems may use only data collected under the provisions of this rule or 567—43.6(455B) to qualify for reduced monitoring.

6. Each system required to monitor under the provisions of this rule or 567—43.6(455B) must develop and implement a monitoring plan. The system must maintain the plan and make it available for inspection by the department and the general public no later than 30 days following the applicable compliance dates in 41.6(1)“a”(3). All systems using surface water or groundwater under the direct influence of surface water and serving more than 3,300 people must submit a copy of the monitoring plan to the department by the applicable date in 41.6(1)“a”(3)“1.” The department may also require the plan to be submitted by any other system. After review, the department may require changes in any plan elements. The plan must include at least the following elements:

• Specific locations and schedules for collecting samples for any parameters included in this rule.

• How the system will calculate compliance with MCLs, MRDLs, and treatment techniques.

• If providing water to one or more consecutive systems, and the consecutive systems have agreed to the sampling plan by the primary supplier of the water pursuant to 41.6(1)“a”(4), the sampling plan of the primary water supplier must reflect the entire distribution system.

7. The department may require a monthly monitoring frequency for disinfection byproducts, which would be specified in the operation permit.

(2) Bromate. Community and nontransient noncommunity systems using ozone for disinfection or oxidation must conduct monitoring for bromate.

1. Routine monitoring. Systems must take at least one sample per month for each treatment plant in the system using ozone, collected at each source/entry point to the distribution system while the ozonation system is operating under normal conditions.

2. Reduced monitoring. The department may allow systems required to analyze for bromate to reduce monitoring from monthly to once per quarter if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for one year. The system may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is greater than or equal to 0.05 mg/L based upon representative monthly measurements. If the running annual average source water bromide concentration is greater than or equal to 0.05 mg/L, the system must resume routine monitoring required by 41.6(1)“c”(2)“1.”

(3) Chlorite. Community and nontransient noncommunity water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite.

1. Routine daily monitoring. Systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the locations required by 41.6(1)“c”(3)“3,” which are in addition to the sample required at the entrance to the distribution system.

2. Routine monthly monitoring. Systems must take a three–sample set each month in the distribution system. The system must take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three–sample sets, at the specified locations). The system may use the results of additional monitoring conducted in accordance with 41.6(1)“c”(3)“3” to meet the requirement for monitoring in this subparagraph.

3. Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

4. Reduced monitoring.

• Daily chlorite monitoring at the entrance to the distribution system required by 41.6(1)“c”(3)“1” may not be reduced.

• The department may allow systems with monthly chlorite monitoring in the distribution system required by 41.6(1)“c”(3)“2” to be reduced to a requirement of 1 three–sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under 41.6(1)“c”(3)“2” has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under 41.6(1)“c”(3)“3.” The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under 41.6(1)“c”(3)“2” exceeds the chlorite MCL or the system is required to conduct monitoring under 41.6(1)“c”(3)“3” of this rule, at which time the system must revert to routine monitoring.

(4) Total trihalomethanes (TTHM) and haloacetic acids (HAA5).

1. Routine monitoring. Systems must monitor at the frequency indicated in the following table:

Routine Monitoring Frequency for TTHM and HAA5

¹If a system chooses to sample more frequently than the minimum required, at least 25 percent of all samples collected each quarter (including those taken in excess of the required frequency) must be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples must be taken at locations representative of at least average residence time in the distribution system.

²Multiple wells drawing water from a single aquifer may be considered one treatment plant for determining the minimum number of samples required, with department approval.

³SW/IGW indicates those systems that use either surface water (SW) or groundwater under the direct influence of surface water (IGW), in whole or in part.

2. Reduced monitoring. The department may allow systems a reduced monitoring frequency, except as otherwise provided, in accordance with the following table. Source water total organic carbon (TOC) levels must be determined in accordance with 567—subparagraph 43.6(2)“c”(1).

Reduced Monitoring Frequency for TTHM and HAA5