Text: HSB00703 Text: HSB00705 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.171, Code 1999, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 10A. "Credible data" means scientifically
1 4 valid chemical, physical, and biological monitoring data
1 5 collected under a scientifically accepted sampling and
1 6 analysis plan, including quality control and quality assurance
1 7 procedures. Credible data shall be current and obtained or
1 8 dated within five years prior to the department's date of
1 9 listing or other determination under section 455B.193,
1 10 subsection 1. Data shall not be credible data unless the data
1 11 originates from studies and samples collected by the
1 12 department or a professional designee of the department. Data
1 13 originating from collection or studies by volunteers shall not
1 14 be credible data unless independently confirmed by follow-up
1 15 monitoring by the department or a professional designee of the
1 16 department. For purposes of this subsection, "professional
1 17 designee" shall include the United States army corps of
1 18 engineers, the United States geological survey, governmental
1 19 agencies of the state other than the department, and a person
1 20 hired by or under contract for compensation with the
1 21 department to collect or study data.
1 22 NEW SUBSECTION. 14A. "Historical data" means data which
1 23 is dated more than five years prior to the department's date
1 24 of listing or other determination under section 455B.193,
1 25 subsection 1.
1 26 NEW SUBSECTION. 19A. "Naturally occurring condition"
1 27 means any condition affecting water quality which is not
1 28 caused by human influence on the environment, including, but
1 29 not limited to, soils, geology, hydrology, climate, wildlife
1 30 influence on the environment, and water flow, with specific
1 31 consideration given to seasonal and other natural variations.
1 32 NEW SUBSECTION. 31A. "Section 303(d) list" means any list
1 33 required under section 303(d) of the federal Water Pollution
1 34 Control Act.
1 35 NEW SUBSECTION. 31B. "Section 305(b) list" means any list
2 1 required under section 305(b) of the federal Water Pollution
2 2 Control Act.
2 3 NEW SUBSECTION. 39A. "Total maximum daily load" means the
2 4 same as in the federal Water Pollution Control Act.
2 5 Sec. 2. NEW SECTION. 455B.193 CREDIBLE DATA REQUIRED.
2 6 1. The department shall use credible data, to a reasonable
2 7 certainty, during all of the following:
2 8 a. The development and review of any water quality
2 9 standard.
2 10 b. The development and review of any statewide water
2 11 quality inventory or other water assessment report.
2 12 c. The determination of whether any water of the state is
2 13 impaired.
2 14 d. The determination of whether any water of the state is
2 15 to be placed on any section 303(d) list.
2 16 e. The determination of whether any water of the state
2 17 shall be removed from any section 303(d) list.
2 18 f. The determination of whether any water of the state is
2 19 supporting the designated use or classification of the water.
2 20 g. The determination of whether any statewide
2 21 antidegradation policy has been met.
2 22 h. The establishment of a total maximum daily load for any
2 23 water of the state.
2 24 2. Notwithstanding subsection 1, credible data shall not
2 25 be required for any section 305(b) list.
2 26 3. Unless specifically excepted, water quality information
2 27 which is not credible data shall not be used by the department
2 28 for the purposes described in subsection 1.
2 29 Sec. 3. NEW SECTION. 455B.194 USE OR ANALYSIS OF
2 30 CREDIBLE DATA.
2 31 1. For any use or analysis of credible data under section
2 32 455B.193, all of the following shall apply:
2 33 a. The data quality for removal of a water of the state
2 34 from any list of impaired waters, including any section 303(d)
2 35 list, shall not be higher than the data quality for adding a
3 1 water to that list. Notwithstanding section 455B.193, for a
3 2 water of the state placed on any section 303(d) list prior to
3 3 the effective date of this Act, credible data on such water of
3 4 the state must be obtained in order for the water of the state
3 5 to remain on such list for the next listing cycle.
3 6 b. A water of the state shall not be placed on any section
3 7 303(d) list where loading of pollutants from a naturally
3 8 occurring condition alone is sufficient to cause an applicable
3 9 surface water quality standard to be exceeded.
3 10 c. A water of the state shall not be placed on any section
3 11 303(d) list if the impairment is caused solely by violations
3 12 of existing permit limits or other pollution control measures,
3 13 and the enforcement of existing pollution control measures is
3 14 required.
3 15 d. A water of the state shall not be placed on any section
3 16 303(d) list if the data shows an impairment, but technology-
3 17 based effluent limits or other required pollution control
3 18 measures are adequate to achieve applicable water quality
3 19 standards.
3 20 e. A water of the state shall not be placed on any section
3 21 303(d) list where the pollutant causing the impairment is
3 22 unknown.
3 23 f. When evaluating a water of the state, the department
3 24 shall develop and maintain three separate listings including a
3 25 section 303(d) list, a section 305(b) list, and a listing for
3 26 which further monitoring is necessary. The section 305(b)
3 27 list shall be a cumulative listing of all potential
3 28 impairments for which credible data is not required. Since
3 29 credible data is not required for a section 305(b) list, the
3 30 placement of a water of the state on any section 305(b) list
3 31 alone shall not be sufficient evidence for placement of a
3 32 water of the state on any section 303(d) list. A listing for
3 33 which further monitoring is necessary shall include waters of
3 34 the state where some data suggests an impairment, but which
3 35 require further investigation to meet the credible data
4 1 definition.
4 2 g. A water of the state shall not be placed on any section
4 3 303(d) list unless, on at least one occasion, the potential
4 4 water quality impairment has been independently confirmed by
4 5 follow-up monitoring that produces credible data.
4 6 h. The department shall take into consideration any
4 7 naturally occurring condition when establishing or allocating
4 8 responsibility for a total maximum daily load.
4 9 i. Numerical standards shall have a preference over
4 10 narrative standards. If the department has adopted a rule
4 11 establishing a numerical criterion for a particular pollutant,
4 12 a narrative criterion shall not be the basis for determining
4 13 an impairment in connection with that pollutant unless the
4 14 department identifies specific factors as to why the numerical
4 15 criterion is not adequate to protect water quality.
4 16 j. If the department has obtained credible data for a
4 17 water of the state, the department may also make use of
4 18 historical data for that particular water of the state for the
4 19 sole purpose of determining whether any trends exist for that
4 20 water of the state.
4 21 2. Nothing in this section shall be construed to require
4 22 or authorize the department to perform any act listed in
4 23 section 455B.193 not otherwise required or authorized by
4 24 applicable law.
4 25 Sec. 4. APPLICABILITY. Any provisions or requirements of
4 26 this Act relating to section 303(d) lists shall apply to
4 27 section 303(d) lists beginning January 1, 2001.
4 28 EXPLANATION
4 29 This bill relates to the required use or analysis of
4 30 credible data by the department of natural resources for water
4 31 quality purposes.
4 32 The bill defines "credible data" as scientifically valid
4 33 chemical, physical, and biological monitoring data collected
4 34 under a scientifically accepted sampling and analysis plan,
4 35 including quality control and quality assurance procedures.
5 1 The bill provides that a section 305(b) list is a list which
5 2 meets the criteria of section 305(b) of the federal Water
5 3 Pollution Control Act relating to a listing of monitoring and
5 4 assessment data for all waters in the state. The bill
5 5 provides that a section 303(d) list is a list which meets the
5 6 criteria of section 303(d) of the federal Water Pollution
5 7 Control Act relating to the identification and listing of
5 8 waters of the state which do not meet water quality standards
5 9 and where total maximum daily loads need to be established.
5 10 The bill provides that the department shall use credible
5 11 data, to a reasonable certainty, during the development and
5 12 review of any water quality standard; the development and
5 13 review of any statewide water quality inventory or other water
5 14 assessment report; the determination of whether any water of
5 15 the state is impaired; the determination of whether any water
5 16 of the state is to be placed on any section 303(d) list; the
5 17 determination of whether any water of the state shall be
5 18 removed from any section 303(d) list; the determination of
5 19 whether any water of the state is supporting the designated
5 20 use or classification of the water; the determination of
5 21 whether any statewide antidegradation policy has been met; and
5 22 the establishment of a total maximum daily load for any water
5 23 of the state. The bill provides that credible data shall not
5 24 be required for any section 305(b) list.
5 25 The bill provides that the data quality for removal of a
5 26 water of the state from any list of impaired waters shall not
5 27 be higher than the data quality for adding a water to that
5 28 list. The bill provides that a water of the state shall not
5 29 be placed on any section 303(d) list where loading of
5 30 pollutants from a naturally occurring condition alone is
5 31 sufficient to cause an applicable surface water quality
5 32 standard to be exceeded. The bill provides that a water of
5 33 the state shall not be placed on any section 303(d) list if
5 34 the impairment is caused solely by violations of existing
5 35 permit limits or other pollution control measures, and the
6 1 enforcement of existing pollution control measures is
6 2 required. The bill provides that a water of the state shall
6 3 not be placed on any section 303(d) list if the data shows an
6 4 impairment, but technology-based effluent limits or other
6 5 required pollution control measures are adequate to achieve
6 6 applicable water quality standards. The bill provides that a
6 7 water of the state shall not be placed on any section 303(d)
6 8 list where the pollutant causing the impairment is unknown.
6 9 The bill provides that when evaluating a water of the state,
6 10 the department shall develop and maintain three separate
6 11 listings including a section 303(d) list, a section 305(b)
6 12 list, and a listing for which further monitoring is necessary.
6 13 The bill provides that a water of the state shall not be
6 14 placed on any section 303(d) list unless, on at least one
6 15 occasion, the potential water quality impairment has been
6 16 independently confirmed by follow-up monitoring that produces
6 17 credible data. The bill provides that the department shall
6 18 take into consideration any naturally occurring condition when
6 19 establishing or allocating responsibility for a total maximum
6 20 daily load. The bill provides that numerical standards shall
6 21 have a preference over narrative standards. The bill provides
6 22 that if the department has obtained credible data for a water
6 23 of the state, the department may also make use of historical
6 24 data for that particular water for the sole purpose of
6 25 determining whether any trends exist for that water.
6 26 The bill provides that any provisions or requirements of
6 27 this bill relating to section 303(d) lists shall apply to
6 28 section 303(d) lists beginning January 1, 2001.
6 29 LSB 6648YC 78
6 30 tm/as/5
Text: HSB00703 Text: HSB00705 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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