Senate Study Bill 1186 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) A BILL FOR An Act relating to operations and procedures of the department 1 of natural resources and the environmental protection 2 commission. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2347SC (3) 84 tm/nh

S.F. _____ Section 1. Section 455B.103, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. Recommend to the commission the adoption of rules to 3 implement the programs and services assigned to it. The 4 director shall not recommend the adoption of any rules, allow 5 the department to engage in any enforcement actions, or impose 6 permit conditions or requirements that exceed the requirements 7 of federal law or regulations. 8 Sec. 2. Section 455B.103A, subsection 1, paragraph b, Code 9 2011, is amended to read as follows: 10 b. Following the effective date of a general permit, a 11 person proposing to conduct activities covered by the general 12 permit shall provide a notice of intent to conduct a covered 13 activity on a form provided by the department. A person shall 14 also provide public notice of intent to conduct activities 15 covered under the general permit by publishing notice in two 16 newspapers with the largest circulation in the area in which 17 the facility is located. Notice of the discontinuation of a 18 permitted activity shall be provided in the same manner. 19 Sec. 3. Section 455B.105, subsection 3, Code 2011, is 20 amended to read as follows: 21 3. Adopt, modify, or repeal rules necessary to implement 22 this chapter , chapter 459 , chapter 459A , and chapter 459B , and 23 the rules deemed necessary for the effective administration of 24 the department. When the The commission proposes or adopts 25 shall not propose or adopt rules to implement a specific 26 federal environmental program and the rules that impose 27 requirements more restrictive than the federal program being 28 implemented requires , the commission shall identify in its 29 notice of intended action or adopted rule preamble each rule 30 that is more restrictive than the federal program requires and 31 shall state the reasons for proposing or adopting the more 32 restrictive requirement. In addition, the . When proposing or 33 adopting rules to implement a specific federal environmental 34 program, the commission shall include with its reasoning 35 -1- LSB 2347SC (3) 84 tm/nh 1/ 4

S.F. _____ produce a financial impact statement detailing the general 1 impact of the rules or proposed rules upon the affected 2 parties. It is the intent of the general assembly that the 3 commission exercise strict oversight of the operations of 4 the department. The rules shall include departmental policy 5 relating to the disclosure of information on a violation 6 or alleged violation of the rules, standards, permits, or 7 orders issued by the department and keeping of confidential 8 information obtained by the department in the administration 9 and enforcement of this chapter , chapter 459 , chapter 459A , 10 and chapter 459B . Rules adopted by the executive committee 11 before January 1, 1981, shall remain effective until modified 12 or rescinded by action of the commission. 13 Sec. 4. Section 455B.197, unnumbered paragraph 1, Code 14 2011, is amended to read as follows: 15 The department may issue a permit related to the 16 administration of the national pollutant discharge elimination 17 system (NPDES) permit program pursuant to the federal Water 18 Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 19 40 C.F.R. pt. 124 including but not limited to storm water 20 discharge permits issued pursuant to section 455B.103A . The 21 department shall not engage in enforcement actions or impose 22 permit conditions or requirements that exceed the requirements 23 of federal law or regulation. When an objection is issued by 24 the federal government regarding the issuance of a permit under 25 this section and the objection is based on federal policy or 26 guidance or a new or revised regulatory interpretation not yet 27 formally adopted by the administrator of the United States 28 environmental protection agency and not subject to judicial 29 review, the department shall proceed to issue the permit as 30 allowed by state law. The department may provide for the 31 receipt of applications and the issuance of permits as provided 32 by rules adopted by the department which are consistent with 33 this section . The department shall assess and collect fees 34 for the processing of applications and the issuance of permits 35 -2- LSB 2347SC (3) 84 tm/nh 2/ 4

S.F. _____ as provided in this section . The department shall deposit the 1 fees into the national pollutant discharge elimination system 2 permit fund created in section 455B.196 . The fees shall be 3 established as follows: 4 EXPLANATION 5 This bill relates to operations and procedures of the 6 department of natural resources and the environmental 7 protection commission. 8 The bill prohibits the director of the department of 9 natural resources from recommending the adoption of any rules, 10 allowing the department to engage in any enforcement actions, 11 or imposing permit conditions or requirements that exceed the 12 requirements of federal law or regulations. 13 The bill eliminates a requirement for holders of certain 14 general permits that notice of activities must be published 15 in two newspapers with the largest circulation in the area in 16 which the facility is located. 17 Currently, when the environmental protection commission 18 proposes or adopts rules to implement a specific federal 19 environmental program and the rules impose requirements 20 more restrictive than the federal program being implemented 21 requires, the commission is required to identify in its 22 notice of intended action or adopted rule preamble each rule 23 that is more restrictive than the federal program requires 24 and to state the reasons for proposing or adopting the more 25 restrictive requirement. The bill eliminates these provisions 26 and prohibits the commission from proposing or adopting rules 27 that impose requirements more restrictive than the federal 28 program requires. 29 The bill eliminates a requirement that the commission 30 exercise strict oversight of the operations of the department. 31 The bill provides that when an objection is issued by 32 the federal government regarding the issuance of a permit 33 related to the national pollutant discharge elimination system 34 permit program and the objection is based on federal policy 35 -3- LSB 2347SC (3) 84 tm/nh 3/ 4

S.F. _____ or guidance or a new or revised regulatory interpretation not 1 yet formally adopted by the administrator of the United States 2 environmental protection agency and not subject to judicial 3 review, the department shall proceed to issue the permit as 4 allowed by state law. 5 -4- LSB 2347SC (3) 84 tm/nh 4/ 4