House File 989 H-1230 Amend House File 989 as follows: 1 1. Page 1, line 17, after < structure > by inserting < used > 2 2. Page 1, by striking lines 20 through 23 and inserting: 3 < (a) A liquid digester storage structure, including a 4 liquid digester manure storage structure and a liquid digester 5 feedstock storage structure. 6 (b) A dry digester manure stockpile. 7 (c) A dry digester feedstock stockpile. 8 (d) A liquid digestate storage structure. 9 (e) A dry digestate stockpile. > 10 3. Page 1, after line 25 by inserting: 11 < 2. “Covered” means organic or inorganic material placed 12 upon a digester structure used to store any of the following: 13 a. Digester manure. 14 b. Digester feedstock. 15 c. Digestate. 16 3. “Designated object or location” means any of the 17 following: 18 a. A commercial enterprise. 19 b. A bona fide religious institution. 20 c. An educational institution. 21 d. A public use area. > 22 4. Page 1, line 26, by striking < 2. > and inserting < 4. > 23 5. Page 1, by striking lines 29 through 33 and inserting: 24 < 5. a. “Digester feedstock” means organic material, other 25 than digester manure, originating either on-farm or off-farm, 26 that is used to effectuate the digestion process as part of an 27 anaerobic digester system. 28 b. “Digester feedstock” includes either or both of the 29 following: > 30 6. Page 2, by striking lines 1 through 12 and inserting: 31 < 6. a. “Digester manure” means manure originating on-farm 32 that is stored as part of the anaerobic digester system if used 33 to effectuate the digestion process by a digester processing 34 structure. 35 -1- HF 989.1521 (4) 91 da/ns 1/ 10 #1. #2. #3. #4. #5. #6.

b. “Digester manure” includes either or both of the 1 following: 2 (1) Dry digester manure. 3 (2) Liquid digester manure. 4 7. “Digester processing structure” means a structure that is 5 part of an anaerobic digester system if used to effectuate the 6 digestion process by a digester processing structure. 7 8. “Digester stockpile” means any of the following: 8 a. A dry digester manure stockpile. 9 b. A dry digester feedstock stockpile. 10 c. A dry digestate stockpile. 11 9. “Digester structure” means any of the following: 12 a. A liquid digester storage structure, including a liquid 13 digester manure storage structure and a liquid digester 14 feedstock storage structure. 15 b. A digester processing structure. 16 c. A liquid digestate storage structure. > 17 7. Page 2, line 13, by striking < 8. > and inserting < 10. > 18 8. Page 2, line 18, by striking < 9. > and inserting < 11. > 19 9. Page 2, by striking lines 20 and 21 and inserting: 20 < 12. “Dry digestate stockpile” means dry digestate 21 originating from an anaerobic digester system and stored as 22 part of the anaerobic digester system outside a digester 23 structure or on-farm outside any other structure. > 24 10. Page 2, line 22, by striking < 11. > and inserting < 13. > 25 11. Page 2, line 24, by striking < 12. > and inserting < 14. > 26 12. Page 2, after line 25 by inserting: 27 < 15. “Dry digester manure” means digester manure that meets 28 the dry classification requirement in section 459.707. 29 16. “Dry digester manure stockpile” means dry digester 30 manure that is part of an anaerobic digester system if stored 31 outside a digester structure. 32 17. “Dry digester stockpile” means any of the following: 33 a. A dry digester manure stockpile. 34 b. A dry digester feedstock stockpile. 35 -2- HF 989.1521 (4) 91 da/ns 2/ 10 #7. #8. #9. #10. #11. #12.

18. “Effluent” means the same as defined in section 1 459A.102. 2 19. “Federal Water Pollution Control Act” means the federal 3 Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as 4 amended, and 40 C.F.R. pts. 122 and 412. > 5 13. Page 2, line 26, by striking < 13. > and inserting < 20. > 6 14. Page 2, line 28, by striking < 14. > and inserting < 21. > 7 15. Page 2, line 30, by striking < 14. > and inserting < 22. > 8 16. Page 2, by striking line 32 and inserting: 9 < 23. “Liquid digester feedstock storage structure” means a 10 structure that is part of an anaerobic digester system if used 11 to store liquid digester feedstock or dry digester feedstock or 12 both before undergoing a digestion process as effectuated by a 13 digester processing structure. 14 24. “Liquid digester manure” means digester manure other 15 than dry digester manure. 16 25. “Liquid digester manure storage structure” means a 17 structure that is part of an anaerobic digester system if used 18 to store liquid digester manure or dry digester manure or both 19 before undergoing a digestion process as effectuated by a 20 digester processing structure. 21 26. “Liquid digester storage structure” means either of the 22 following: 23 a. A liquid digester manure storage structure. 24 b. A liquid digester feedstock storage structure. 25 27. “Manure management plan” means a manure management plan, 26 including an updated manure management plan, as provided in 27 section 459.312. 28 28. “Nutrient management plan” means a nutrient management 29 plan or an updated nutrient management plan as provided in 30 section 459A.208. 31 29. “Off-farm” means real property that is not on-farm. > 32 17. Page 2, line 33, by striking < 17. > and inserting < 30. > 33 18. Page 3, by striking lines 4 and 5 and inserting 34 < construction, including expansion, or management of, 35 -3- HF 989.1521 (4) 91 da/ns 3/ 10 #13. #14. #15. #16. #17.

structures used for the on-farm storage of digester manure, 1 digester feedstock, or digestate; the on-farm stockpiling of 2 dry digester manure, dry digester feedstock, or dry digestate; 3 and the on-farm application of digestate originating from an 4 anaerobic digester system. > 5 19. Page 3, by striking lines 15 through 18 and inserting 6 < including expansion, or management of, structures used for 7 the on-farm storage of digester manure, digester feedstock, 8 or digestate; the on-farm stockpiling of dry digester manure, 9 dry digester feedstock, or dry digestate; and the on-farm 10 application of digestate originating from an anaerobic digester 11 system. > 12 20. Page 3, line 23, by striking < application forms > and 13 inserting < applications > 14 21. Page 3, by striking lines 25 through 31 and inserting 15 < under this subchapter, including a liquid digester manure 16 storage structure, liquid digester feedstock storage structure, 17 digester processing structure, and liquid digestate storage 18 structure. For administrative efficiency, the department 19 shall provide a single application form that combines all 20 applications together into a total application form. > 21 22. Page 4, by striking lines 10 through 12 and inserting: 22 < feeding operation are any of the following: 23 (1) Adjacent. 24 (2) Under common ownership. 25 (3) Under common management. > 26 23. Page 4, by striking line 17 and inserting < to paragraph 27 “b” , subparagraphs (1), (2), and (3). > 28 24. Page 6, by striking lines 8 and 9 and inserting: 29 < 1. Except as otherwise provided in this subchapter, the 30 term “manure” includes effluent if used as part of the digestion 31 process. > 32 25. Page 6, line 10, by striking < Digester feedstock or 33 digestate > and inserting < Digester manure, digester feedstock, 34 or digestate > 35 -4- HF 989.1521 (4) 91 da/ns 4/ 10 #19. #20. #21. #22. #23. #24.

26. Page 6, line 12, by striking < feedstock or digestate > 1 and inserting < manure, digester feedstock, or digestate > 2 27. Page 6, line 14, by striking < feedstock or digestate > 3 and inserting < manure, digester feedstock, or digestate > 4 28. Page 6, by striking lines 17 and 18 and inserting: 5 < c. The constituent molecules of the digester manure, 6 digester feedstock, or digestate do not flow freely among 7 themselves but may show a > 8 29. Page 6, line 20, by striking < is limited to processing > 9 and inserting < must process > 10 30. By striking page 6, line 32, through page 7, line 2, and 11 inserting: 12 < 4. a. Except as provided in paragraph “b” , digester manure 13 shall not be regulated as manure. 14 b. If digester manure and digester feedstock are combined, 15 the digester feedstock shall be regulated as digester manure. 16 5. a. Except as provided in paragraph “b” , a digestate 17 shall not be regulated as manure. 18 b. (1) If digestate is removed from a digester processing 19 structure and at any time is combined with manure, the 20 digestate shall be regulated as manure under this chapter and 21 chapter 459B, as applicable. 22 (2) If a digestate is removed from a digester processing 23 structure and at any time is combined with effluent, the 24 digestate shall be regulated as effluent under chapter 459A. 25 Sec. ___. NEW SECTION . 459.708 Digester manure and digester 26 feedstock —— required storage. 27 A person receiving digester manure or digester feedstock at 28 an anaerobic digester system must store the digester manure or 29 digester feedstock as follows: 30 1. Liquid digester manure or liquid digester feedstock must 31 be stored in a liquid digester storage structure. 32 2. Dry digester manure must be stored in any of the 33 following: 34 a. A dry digester stockpile. 35 -5- HF 989.1521 (4) 91 da/ns 5/ 10 #26. #27. #28. #29. #30.

b. A liquid digester storage structure. 1 3. Dry digester feedstock originating on-farm must be 2 stored in any of the following: 3 a. A dry digester stockpile. 4 b. A liquid digester storage structure. 5 4. Dry digester feedstock originating off-farm must be 6 stored in a liquid digester storage structure. 7 5. A person may move manure or feedstock from outside an 8 anaerobic digester system for direct processing by using a 9 digester processing structure that is part of an anaerobic 10 digester system, 11 6. A person removing digestate from an anaerobic digester 12 system must store the digestate in a manner that complies with 13 section 459.311. 14 Sec. ___. NEW SECTION . 459.709 Digestate —— required 15 storage. 16 1. A person processing digester manure or digester 17 feedstock at an anaerobic digester system must store the 18 resulting digestate as follows: 19 a. Liquid digestate must be stored in a liquid digestate 20 storage structure. 21 b. Dry digestate must be stored in any of the following: 22 (1) A dry digestate feedstock stockpile. 23 (2) A liquid digestate storage structure. 24 2. A person removing digestate from an anaerobic digester 25 system must store the digestate in a manner that complies with 26 section 459.311. > 27 31. Page 7, by striking lines 6 through 8 and inserting 28 < permit must be issued prior to the construction of a digester 29 structure, including a liquid digester manure storage 30 structure, liquid digester feedstock storage structure, 31 digester processing structure, or liquid digestate storage > 32 32. Page 8, by striking lines 15 through 18. 33 33. Page 9, after line 9 by inserting: 34 < 9. The applicant shall submit a construction permit 35 -6- HF 989.1521 (4) 91 da/ns 6/ 10 #31. #32. #33.

application fee as part of the total application form. The fee 1 shall not exceed two hundred fifty dollars. Moneys collected 2 by the department from the payment of fees under this section 3 shall be deposited by the department in the general fund of the 4 state. > 5 34. Page 9, by striking lines 10 through 25 and inserting: 6 < Sec. ___. NEW SECTION . 459.712 Liquid digester manure 7 storage structure —— construction permit. 8 In addition to the applicable requirements in section 9 459.711, an application for a permit to construct a liquid 10 digester manure storage structure must include all of the 11 following information: 12 1. A description of the type and amount of digester manure 13 to be stored in the digester feedstock storage structure. 14 2. The storage capacity of the liquid manure storage 15 structure. 16 3. A description of the digester processing structure 17 used to process the received digester manure and any digester 18 feedstock. 19 4. Any other information determined relevant by the 20 department as provided by rules adopted by the department. > 21 35. Page 9, line 26, by striking < Digester > and inserting 22 < Liquid digester > 23 36. By striking page 9, line 28, through page 10, line 10, 24 and inserting: 25 < In addition to the applicable requirements in section 26 459.711, an application for a permit to construct a liquid 27 digester feedstock storage structure must include all of the 28 following information: 29 1. A description of the type and amount of any digester 30 feedstock to be stored in the liquid digester feedstock storage 31 structure. 32 2. The storage capacity of the liquid digester feedstock 33 storage. 34 3. A description of the liquid digester processing 35 -7- HF 989.1521 (4) 91 da/ns 7/ 10 #34. #35. #36.

structure used to process the received manure and digester 1 feedstock. 2 4. Any other information determined relevant by the 3 department as provided by rules adopted by the department. > 4 37. Page 10, after line 15 by inserting: 5 < a. (1) A description of the type and amount of digester 6 manure that is capable of being processed in the digester 7 processing structure at any one time. > 8 38. Page 10, line 16, by striking < a. > and inserting < (2) > 9 39. Page 10, line 22, after < management > by inserting < , or 10 both, > 11 40. Page 11, by striking lines 14 through 18. 12 41. Page 11, by striking lines 19 through 28. 13 42. Page 11, line 29, by striking < 459.716 > and inserting 14 < 459.715 > 15 43. By striking page 11, line 31, through page 12, line 10, 16 and inserting: 17 < In addition to the applicable requirements in section 18 459.711, an application for a permit to construct a liquid 19 digestate storage structure must include all of the following 20 information: 21 1. A description of the type and amount of digestate to be 22 stored in the liquid digestate storage structure. 23 2. The storage capacity of the liquid digestate storage 24 structure. 25 3. Any other information determined relevant by the 26 department as provided by rules adopted by the department. > 27 44. Page 12, line 11, by striking < Construction > and 28 inserting < General construction > 29 45. Page 12, by striking lines 14 through 16 and inserting 30 < construction design standards for a formed digester structure, 31 including a formed liquid digester manure storage structure, 32 formed liquid digester feedstock storage structure, formed 33 digester processing structure, or formed liquid > 34 46. Page 13, line 6, by striking < Construction > and 35 -8- HF 989.1521 (4) 91 da/ns 8/ 10 #37. #38. #39. #40. #41. #42. #43. #44. #45.

inserting < General construction > 1 47. Page 13, by striking lines 9 through 11 and inserting 2 < construction design standards for an unformed digester 3 structure, including an unformed liquid digester manure 4 storage structure, unformed liquid digester feedstock storage 5 structure, unformed digester processing structure, or > 6 48. Page 13, by striking lines 18 and 19 and inserting 7 < applicable to an unformed liquid digester manure storage 8 structure, unformed liquid digester feedstock storage 9 structure, unformed digester processing structure, or unformed > 10 49. Page 13, line 26, before < structure > by inserting 11 < unformed digester > 12 50. Page 15, lines 11 and 12, by striking < manure storage > 13 and inserting < digester > 14 51. Page 15, line 17, by striking < material > and inserting 15 < digester manure, digester feedstock, and digestate > 16 52. Page 16, after line 3 by inserting: 17 < 3. For purposes of this section, a digester structure 18 that is part of an anaerobic digester system identified with 19 an open feedlot operation shall be deemed to be part of an 20 anaerobic digester system identified with a confinement feeding 21 operation. > 22 53. Page 16, line 6, before < The > by inserting < 1. > 23 54. Page 16, after line 10 by inserting: 24 < 2. For purposes of this section, a digester structure 25 that is part of an anaerobic digester system identified with 26 an open feedlot operation shall be deemed to be part of an 27 anaerobic digester system identified with a confinement feeding 28 operation. > 29 55. Page 16, by striking lines 13 through 15 and inserting 30 < If digestate is applied on land subject to a manure management 31 plan or a nutrient management plan, the manure > 32 56. Page 16, line 26, by striking < feedstocks > and inserting 33 < feedstock > 34 57. Page 17, by striking lines 14 and 15 and inserting 35 -9- HF 989.1521 (4) 91 da/ns 9/ 10 #47. #48. #49. #50. #51. #52. #53. #54. #55. #56.

< Control Act. > 1 58. Page 17, line 16, by striking < the dry > and inserting 2 < dry > 3 59. Page 18, after line 20 by inserting: 4 < Sec. ___. NEW SECTION . 459.737 Applying liquid digestate 5 —— air quality. 6 1. Except as provided in subsection 2, the separation 7 distance required between the application of liquid manure 8 on land and a residence not owned by the titleholder of the 9 land or a designated object or location as provided in section 10 459.204 shall be the same separation distance required between 11 the application of liquid digestate on land and a residence not 12 owned by the titleholder of the land or designated object or 13 location. 14 2. The same exceptions that allow a person to apply liquid 15 manure on land within the separation distance required in 16 section 459.204 as provided in section 459.205, subsection 17 4, apply to allow a person to apply liquid digestate on land 18 within that separation distance. > 19 60. Page 18, line 21, by striking < 459.737 > and inserting 20 < 459.738 > 21 61. Page 18, line 21, by striking < dry > 22 62. Page 18, by striking lines 27 and 28 and inserting 23 < system pursuant to the federal Water Pollution Control Act. > 24 63. Page 19, line 14, by striking < 459.737 > and inserting 25 < 459.738 > 26 64. By renumbering, redesignating, and correcting internal 27 references as necessary. 28 ______________________________ SEXTON of Calhoun -10- HF 989.1521 (4) 91 da/ns 10/ 10 #58. #59. #60. #61. #62. #63. #64.