SF 183 (LSB 1489XS (7) 91)

SENATE FILE 183

BY  STAED, DONAHUE, CELSI, BENNETT, BISIGNANO, WINCKLER, DOTZLER, and QUIRMBACH

A BILL FOR

An Act relating to water quality standards, including by providing for the regulation of animal feeding operations, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.173, subsection 2, Code 2025, is amended to read as follows:
   2.  Establish, modify, or repeal water quality standards, pretreatment standards, and effluent standards in accordance with the provisions of this chapter.
   a.  The effluent standards may provide for maintaining the existing quality of the water of the state that is a navigable water of the United States under the federal Water Pollution Control Act where the quality thereof exceeds the requirements of the water quality standards.
   b.  If the federal environmental protection agency has promulgated an effluent standard or pretreatment standard pursuant to section 301, 306, or 307 of the federal Water Pollution Control Act, a pretreatment or effluent standard adopted pursuant to this section shall not be more stringent than the federal effluent or pretreatment standard for such source. This section may does not preclude the establishment of a more restrictive effluent limitation in the permit for a particular point source than the federal effluent or pretreatment standard for such source if the more restrictive effluent limitation is necessary to meet water quality standards, or the establishment of an effluent standard for a source or class of sources for which the federal environmental protection agency has not promulgated standards pursuant to section 301, 306, or 307 of the federal Water Pollution Control Act.
   c.  Except as required by federal law or regulation, the commission shall not adopt an effluent standard more stringent with respect to any pollutant than is necessary to reduce the concentration of that pollutant in the effluent to the level due to natural causes, including the mineral and chemical characteristics of the land, existing in the water of the state to which the effluent is discharged.
   d.  Notwithstanding any other provision of this part 1 of subchapter III or chapter 459, subchapter III, any new source, the construction of which was commenced after October 18, 1972, and which was constructed as to meet all applicable standards of performance for the new source or any more stringent effluent limitation required to meet water quality standards, shall not be subject to any more stringent effluent limitations during a ten-year period beginning on the date of completion of construction or during the period of depreciation or amortization of the pollution control equipment for the facility for the purposes of section 167 or 169 or both sections of the Internal Revenue Code, whichever period ends first.
   c.  e.  Rules adopted to implement this subsection are not subject to section 17A.7, subsection 2 or 3.
    Sec. 2.  Section 459.102, subsection 5, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   5.  “Animal feeding operation” means a lot or facility where all of the following conditions are met:
   a.  Animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period.
   b.  Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
    Sec. 3.  Section 459.102, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  14A.  “Concentrated animal feeding operation” means the same as defined in 40 C.F.R. §122.23.
   NEW SUBSECTION.  28A.  “Effluent” means a water-carried pollutant discharged from a concentrated animal feeding operation, including but not limited to manure, bedding, compost, litter, feed losses, other materials commingled with manure, open feedlot effluent or animal truck wash effluent as those terms are defined in section 459A.102, and process wastewater.
   NEW SUBSECTION.  30A.  “Federal Water Pollution Control Act” means the federal Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
   NEW SUBSECTION.  35A.  “Large concentrated animal feeding operation” means the same as defined in 40 C.F.R. §122.23.
   NEW SUBSECTION.  41A.  “Medium animal feeding operation” means the same as “medium concentrated animal feeding operation” as defined in 40 C.F.R. §122.23.
   NEW SUBSECTION.  41B.  “NPDES permit” means a permit issued by the department in administering the NPDES permit program.
   NEW SUBSECTION.  41C.  “NPDES permit program” means the national pollutant discharge elimination system (NPDES) permit program pursuant to the federal Water Pollution Control Act.
   NEW SUBSECTION.  52A.  “Small concentrated animal feeding operation” means the same as defined in 40 C.F.R. §122.23.
    Sec. 4.  Section 459.103, Code 2025, is amended to read as follows:
   459.103  General authority —— commission and department.
   1.  The commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of animal feeding operations, including related animal feeding operation structures. The requirements shall include but are not limited to minimum manure control, the issuance of construction permits, and departmental investigations, inspections, and testing.  The commission shall establish by rule adopted pursuant to chapter 17A requirements relating to the storage, treatment, and application of manure and other effluent originating from animal feeding operations.
   2.  Any provision referring generally to compliance with the requirements of this chapter as applied to animal feeding operations also includes compliance with requirements in rules adopted by the commission pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to licenses, certifications, permits, or manure management plans required under subchapter III. However, for purposes of approving or disapproving an application for a construction permit as provided in section 459.304, conditions for the approval of an application based on results produced by a master matrix are not requirements of this chapter until the department approves or disapproves an application based on those results.
   3.  Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or 3.
    Sec. 5.  Section 459.301, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  For purposes of determining compliance with the rules adopted by the commission to implement and administer the NPDES permit program, the department shall count all animals according to type as used to determine whether an animal feeding operation is a small concentrated animal feeding operation, medium animal feeding operation, or large concentrated animal feeding operation.
    Sec. 6.  NEW SECTION.  459.301A  Federal law —— NPDES permit program.
   1.  This subchapter establishes minimum requirements for managing animal feeding operations to protect water quality. The commission shall establish by rule adopted pursuant to chapter 17A requirements relating to the implementation and administration of the NPDES permit program, including the issuance of NPDES permits in accordance with the requirements of this subchapter and the federal Water Pollution Control Act.
   2.  a.  The commission shall establish permitting requirements under the NPDES permit program by rule adopted pursuant to chapter 17A governing an animal feeding operation that is a medium animal feeding operation or large concentrated animal feeding operation.
   b.  At a minimum, the rules shall require that a medium animal feeding operation and large concentrated animal feeding operation are issued an NPDES permit.
   3.  a.  NPDES permit conditions adopted by commission rule applying to a medium animal feeding operation under this section may exceed any applicable federal standard applying to that medium animal feeding operation, including under the federal Water Pollution Control Act.
   b.  NPDES permit conditions adopted by commission rule applying to a large concentrated animal feeding operation under this section may exceed any applicable federal standard applying to that large concentrated animal feeding operation, including under the federal Water Pollution Control Act.
   4.  NPDES permit conditions adopted by commission rule applying to a medium animal feeding operation or a large concentrated animal feeding operation must require that the owner or operator of such concentrated animal feeding operation do all of the following:
   a.  Conduct representative effluent monitoring, including monitoring for pollutants originating from the concentrated animal feeding operation that are discharged to navigable waters through groundwater.
   b.  Report data collected from monitoring for pollutants described in paragraph “a” to the department each ninety days. The department shall publish the data on its internet site.
    Sec. 7.  Section 459.311, Code 2025, is amended to read as follows:
   459.311  Minimum requirements for manure control.
   1.  a.  A confinement feeding operation shall retain all manure produced by the operation between periods of manure disposal.
   b.  For purposes of this section, dry manure may be retained by stockpiling as provided in this subchapter.  The stockpiled manure shall be deemed part of the confinement feeding operation where the manure originated.
   c.  A confinement feeding operation shall not discharge manure directly into water of the state or into a tile line that discharges directly into water of the state.
   2.  Notwithstanding subsection 1, a A confinement feeding operation that is a concentrated animal feeding operation as defined in 40 C.F.R. §122.23(b) shall comply with applicable rules adopted by the commission to implement and administer the national pollutant discharge elimination system permit program requirements as provided in the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412, pursuant to rules that shall be adopted by the commission. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412 section 459.301A.  The commission shall adopt separate requirements for confinement feeding operations, open feedlot operations, and animal truck wash facilities as provided in chapter 459A.
   3.  Manure from an animal feeding operation shall be disposed of in a manner which will that does not cause surface water or groundwater pollution. Disposal in accordance with the provisions of state law, including this chapter, rules adopted pursuant to the provisions of state law, including this chapter, guidelines adopted pursuant to this chapter, and section 459.314, shall be deemed as compliance with this requirement.
   4.  The department may require that the owner of a confinement feeding operation shall install and operate a water pollution monitoring system as part of an unformed manure storage structure the confinement feeding operation.
   a.  The monitoring system shall record data regarding the type and quantity of effluent originating from a confinement feeding operation that is discharged to the groundwater or a surface water source.
   b.  The owner or operator of the confinement feeding operation shall report the data to the department each ninety days. The department shall publish the data on its internet site. The department shall submit a monitoring report to the United States environmental protection agency at least each twelve months that includes the data and a summary of the department’s monitoring progress.
   5.  The owner of the confinement feeding operation which that discontinues the use of the operation shall remove all manure from related confinement feeding operation structures used to store manure, by a date specified in an order issued to the operation by the department, or six months following the date that the confinement feeding operation is discontinued, whichever is earlier.
    Sec. 8.  Section 459A.102, subsections 11 and 24, Code 2025, are amended to read as follows:
   11.  “Concentrated animal feeding operation” means the same as defined in 40 C.F.R. §122.23 section 459.102.
   24.  “NPDES permit” means a permit issued by the department under the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412 the same as defined in section 459.102.
    Sec. 9.  Section 459A.401, subsection 2, Code 2025, is amended to read as follows:
   2.  Notwithstanding subsection 1, an open feedlot operation that is a medium animal feeding operation or a large concentrated animal feeding operation shall comply with applicable rules adopted by the commission implementing and administering the NPDES permit requirements program for those types of concentrated animal feeding operations as provided in the federal Water Pollution Control Act, pursuant to rules that shall be adopted by the commission section 459.301A. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Act.
    Sec. 10.  Section 459A.502, Code 2025, is amended to read as follows:
   459A.502  Violations —— civil penalty.
   1.  a.  A Except as provided in paragraph “b”, a person who violates this chapter shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.191.
   b.  A person who violates a provision regulating an open feedlot operation is subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109 or 455B.191.
   2.  Any collected civil penalty and interest on a civil penalty collected under this section shall be credited to the Iowa nutrient research fund created in section 466B.46.
   3.  A person shall not be subject to a penalty under this section and a penalty under section 459.603 for the same violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND —— STATE LAW. This bill amends provisions regulating animal feeding operations (AFOs) in which agricultural animals are confined and fed and maintained for 45 days or more in any 12-month period, and includes all structures used for the storage of manure from animals in the operation and the discharge of manure or effluent originating from the AFO (Code chapters 459 and 459A). The regulations are administered and enforced by the department of natural resources (DNR) including the environmental protection commission (EPC). State law recognizes several types of AFOs, including confinement feeding operations (CFOs) in which animals are housed (confined) under roof (Code chapter 459). Special provisions govern open feedlots where animals are kept in unroofed or partially roofed structures (Code chapter 459A). In both cases, natural vegetation is not available to feed the animals. In Iowa, a CFO is subject to both air and water protection statutes and rules. Under water quality regulations, the owner or operator of an AFO may be required to obtain authorization from DNR to do business. The authorization takes the form of a construction permit for a CFO (Code section 459.304) or an open feedlot operation (Code section 459A.205) or a manure management plan for a CFO (Code section 459.312) or nutrient management plan for an open feedlot operation (Code section 459A.208). The EPC may by rule require the owner or operator of a CFO to install a water pollution monitoring system as part of an unformed (dirt or clay) manure storage structure (Code section 459.311). The level of regulation sometimes depends upon a formula that calculates the degree to which the AFO presents a threat to water quality measured by: (1) the type of animals maintained and (2) the number of animals maintained. For example, a construction permit is required for a CFO that has an animal unit capacity (AUC) of at least 1,000 animal units (AUs) (Code section 459.303) and each head of butcher or breeding swine weighing more than 55 pounds is assigned a special equivalency factor of 0.4 animal units (Code section 459.102) (0.4 AU x 1,000 AUC = 400 head of such swine).
   BACKGROUND —— FEDERAL LAW. AFOs are also regulated under federal law by the environmental protection agency (EPA) that administers and enforces the national pollutant discharge elimination system (NPDES) program pursuant to the federal Water Pollution Control Act of 1972 (33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412). EPA contracts with DNR to administer and enforce the NPDES program. Under the NPDES program, AFOs are referred to as concentrated animal feeding operations (CAFOs). A CAFO is classified by its own formula that also factors the type and number of animals kept. The regulations apply to large, medium, and small CAFOs. For example, a small CAFO includes less than 750 head of swine weighing 55 or more pounds, a medium CAFO includes between 750 and 2,499 head, and a large CAFO includes 2,500 or more head.
   BACKGROUND —— STATE AND FEDERAL REGULATION. The purpose of both state and federal regulation is to prevent manure or effluent from contaminating groundwater and surface water. In compliance with federal law, manure from a CAFO cannot be disposed (discharged) in a manner that will cause surface water or groundwater pollution (Code section 459.311). A CAFO must retain all manure between periods of disposal (i.e., land application). An open feedlot must install structures that filter manure and effluent runoff (Code section 459A.401). However, in all cases involving the treatment of wastewater, and the discharge of manure and effluent originating from an AFO, rules adopted by the EPC can be no more stringent than federal law (Code sections 455B.173, 459.311, and 459A.401).
   BILL’S PROVISIONS. The bill rewrites the definition of an animal feeding operation based on federal law. It changes the term “medium concentrated animal feeding operation” to “medium animal feeding operation” without changing the meaning. The bill eliminates the provision that prevents EPC rules regulating wastewater, or manure or effluent originating from an AFO, from being more stringent than federal law. The bill provides that statutes regulating AFOs are minimum requirements, and that the EPC is to adopt permitting requirements by rule under the NPDES program, including for those AFOs classified as medium and large CAFOs under federal law. The EPC rules may exceed applicable federal standards applying to a medium or large CAFO. In addition, the owner or operator of a medium or large CAFO must conduct effluent monitoring of pollutants discharged to navigable waters through the groundwater. The owner or operator must report the collected data to DNR which must publish it on its internet site and submit an annual report to the EPA.
   CIVIL PENALTIES. Compliance with a statutory regulation includes compliance with a rule adopted by DNR (Code section 459.103). A person violating a water quality regulation under Code chapter 459 is subject to the administrative assessment of a civil penalty by DNR of not more than $10,000 or a judicial assessment of a civil penalty of $5,000 (Code sections 455B.109, 455B.191, and 459.603). Currently, a person violating a water quality regulation applying to an open feedlot is subject to the judicially assessed civil penalty (Code section 459A.502). The bill also provides that the person is subject to the administratively assessed civil penalty.