S.F. 2270 Section 1. Section 455B.173, subsection 2, Code 2026, is 1 amended to read as follows: 2 2. Establish, modify, or repeal water quality standards, 3 pretreatment standards, and effluent standards in accordance 4 with the provisions of this chapter and chapters 459, 459A, and 5 459B . 6 a. The effluent standards may provide for maintaining the 7 existing quality of the water of the state that is a navigable 8 water of the United States under the federal Water Pollution 9 Control Act where the quality thereof exceeds the requirements 10 of the water quality standards. 11 b. (1) If the federal environmental protection agency 12 has promulgated an effluent standard or pretreatment standard 13 pursuant to section 301, 306, or 307 of the federal Water 14 Pollution Control Act, a pretreatment or effluent standard 15 adopted pursuant to this section shall not be more stringent 16 than the federal effluent or pretreatment standard for such 17 source. This section may does not preclude the establishment 18 of a more restrictive effluent limitation in the permit for 19 a particular point source if the more restrictive effluent 20 limitation is necessary to meet water quality standards, the 21 establishment of an effluent standard for a source or class of 22 sources for which the federal environmental protection agency 23 has not promulgated standards pursuant to section 301, 306, 24 or 307 of the federal Water Pollution Control Act. Except as 25 required by federal law or regulation, the commission shall 26 not adopt an effluent standard more stringent with respect to 27 any pollutant than is necessary to reduce the concentration 28 of that pollutant in the effluent to the level due to natural 29 causes, including the mineral and chemical characteristics 30 of the land, existing in the water of the state to which the 31 effluent is discharged. Notwithstanding any other provision 32 of this part 1 of subchapter III or chapter 459, subchapter 33 III , any new source, the construction of which was commenced 34 after October 18, 1972, and which was constructed as to meet 35 -1- LSB 6662XS (4) 91 da/js 1/ 6

S.F. 2270 all applicable standards of performance for the new source or 1 any more stringent effluent limitation required to meet water 2 quality standards, shall not be subject to any more stringent 3 effluent limitations during a ten-year period beginning on the 4 date of completion of construction or during the period of 5 depreciation or amortization of the pollution control equipment 6 for the facility for the purposes of section 167 or 169 or both 7 sections of the Internal Revenue Code, whichever period ends 8 first. 9 (2) Rules adopted to implement subparagraph (1) are not 10 subject to section 17A.7, subsection 2 or 3. 11 c. Rules adopted to implement this subsection are not 12 subject to section 17A.7, subsection 2 or 3 Paragraph “b” 13 shall not preclude the commission from adopting rules under 14 sections 459.311 and 459A.410 that provide more restrictive 15 effluent limitations than required by the federal environmental 16 protection agency pursuant to section 301, 306, or 307 of the 17 federal Water Pollution Control Act . 18 Sec. 2. Section 459.103, Code 2026, is amended to read as 19 follows: 20 459.103 General authority —— commission and department. 21 1. The commission shall establish by rule adopted pursuant 22 to chapter 17A , requirements relating to the construction, 23 including expansion, or operation of animal feeding operations, 24 including related animal feeding operation structures. The 25 requirements shall include but are not limited to minimum 26 manure control, the issuance of permits, and departmental 27 investigations, inspections, and testing. The commission shall 28 establish by rule adopted pursuant to chapter 17A requirements 29 relating to the storage, treatment, and application of manure 30 and other effluent originating from animal feeding operations 31 as necessary to preserve and enhance water quality in this 32 state. 33 2. Any provision referring generally to compliance with 34 the requirements of this chapter as applied to animal feeding 35 -2- LSB 6662XS (4) 91 da/js 2/ 6

S.F. 2270 operations also includes compliance with requirements in 1 rules adopted by the commission pursuant to this section , 2 orders issued by the department as authorized under this 3 chapter , and the terms and conditions applicable to licenses, 4 certifications, permits, or manure management plans required 5 under subchapter III , chapter 459A, and chapter 459B . However, 6 for purposes of approving or disapproving an application for a 7 construction permit as provided in section 459.304 , conditions 8 for the approval of an application based on results produced 9 by a master matrix are not requirements of this chapter until 10 the department approves or disapproves an application based on 11 those results. 12 3. Rules adopted to implement this chapter are not subject 13 to section 17A.7, subsection 2 or 3 . 14 Sec. 3. Section 459.311, subsection 2, Code 2026, is amended 15 to read as follows: 16 2. a. Notwithstanding subsection 1 , a confinement feeding 17 operation that is a concentrated animal feeding operation as 18 defined in 40 C.F.R. §122.23(b) shall comply with applicable 19 national pollutant discharge elimination system permit 20 requirements as provided in the federal Water Pollution Control 21 Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 22 412, pursuant to rules that shall be adopted by the commission. 23 Any rules adopted pursuant to this subsection shall be no more 24 stringent than requirements under the federal Water Pollution 25 Control Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 26 122 and 412 . 27 b. The applicable national pollutant discharge elimination 28 system permit requirements described in paragraph “a” are 29 minimum standards. The commission shall adopt rules that 30 provide more restrictive requirements as necessary to regulate 31 the storage, treatment, and application of manure and other 32 effluent originating from a confinement feeding operation in a 33 manner that ensures waters of the state attain water quality 34 standards. 35 -3- LSB 6662XS (4) 91 da/js 3/ 6

S.F. 2270 Sec. 4. Section 459A.104, subsection 4, Code 2026, is 1 amended by striking the subsection. 2 Sec. 5. Section 459A.401, subsection 2, Code 2026, is 3 amended to read as follows: 4 2. a. Notwithstanding subsection 1 , an open feedlot 5 operation that is a concentrated animal feeding operation shall 6 comply with applicable NPDES permit requirements as provided in 7 the federal Water Pollution Control Act, pursuant to rules that 8 shall be adopted by the commission. Any rules adopted pursuant 9 to this subsection shall be no more stringent than requirements 10 under the federal Act. 11 b. The applicable NPDES permit requirements described in 12 paragraph “a” are minimum standards. The commission shall adopt 13 rules that provide more restrictive requirements as necessary 14 to regulate the storage, treatment, and application of manure 15 and other effluent originating from an open feedlot operation 16 in a manner that ensures waters of the state attain water 17 quality standards. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 BACKGROUND. An animal feeding operation (AFO) is regulated 22 under several Code chapters, including Code chapter 455B, 23 subchapter III, governing water quality, and Code chapter 459, 24 subchapter III, governing all AFOs, which includes provisions 25 regulating confinement feeding operations, and Code chapter 26 459A, which includes selected provisions regulating open 27 feedlot operations. The Code chapters are administered and 28 enforced by the department of natural resources under the 29 oversight of the environmental protection commission (EPC) 30 (Code chapter 455A). 31 BACKGROUND —— ANIMAL FEEDING OPERATIONS. An AFO is an area 32 in which agricultural animals are confined for 45 days or more 33 in any 12-month period, and all associated structures used 34 for the storage of manure. A confinement feeding operation 35 -4- LSB 6662XS (4) 91 da/js 4/ 6

S.F. 2270 maintains animals in roofed buildings and stores liquid manure 1 in a formed or unformed structure (see Code section 459.102). 2 An open feedlot operation is an unroofed or partially roofed 3 facility without crop, vegetation, or forage growth or residue 4 cover (Code section 459A.102). Manure from an open feedlot 5 operation includes solids and effluent that are usually not 6 stored in a structure associated with a confinement feeding 7 operation. 8 BACKGROUND —— STATE AND FEDERAL LAW. Both Code chapters 459 9 and 459A regulate the application of manure and other effluent 10 originating from an operation, including application close 11 to water sources. AFOs are also regulated under federal law 12 by the United States environmental protection agency, which 13 administers and enforces the national pollutant discharge 14 elimination system program (NPDES program) pursuant to the 15 federal Water Pollution Control Act of 1972 (33 U.S.C. ch. 26, 16 as amended, and 40 C.F.R. pts. 122 and 412). EPA contracts 17 with DNR to administer and enforce the NPDES program. Under 18 the NPDES program, AFOs are referred to as concentrated animal 19 feeding operations (CAFOs). The purpose of both state and 20 federal regulation is to prevent manure or effluent from 21 contaminating groundwater and surface water. In compliance 22 with federal law, manure from a CAFO cannot be disposed of 23 or discharged in a manner that will cause surface water or 24 groundwater pollution (Code section 459.311). However, in all 25 cases involving the disposal of manure and effluent originating 26 from an AFO, rules adopted by the EPC can be no more stringent 27 than federal law (Code sections 455B.173, 459.311, and 28 459A.401). 29 BILL’S PROVISIONS. This bill eliminates provisions that 30 prevent EPC rules regulating manure or effluent originating 31 from an AFO from being more stringent than federal law. The 32 bill provides that the NPDES program establishes minimum 33 requirements. The EPC is required to adopt rules that provide 34 more restrictive requirements as necessary to regulate the 35 -5- LSB 6662XS (4) 91 da/js 5/ 6

S.F. 2270 storage, treatment, and application of manure and other 1 effluent originating from an AFO in a manner that preserves and 2 enhances water quality in the state. The bill also eliminates 3 provisions that exempt EPC rules regulating AFOs from being 4 subject to the ordinary periodic comprehensive administrative 5 review of agency rules (Code section 17A.7(2) or (3)). 6 APPLICABLE PENALTIES. A person who is in violation of the 7 bill’s provisions is subject to a civil penalty under Code 8 chapter 459 or 459A. A person who violates Code chapter 459, 9 subchapter III, is subject to the administrative assessment of 10 a civil penalty of up to $10,000 for each day of a violation 11 (Code section 459.603 referring to Code section 455B.109) or 12 the judicial assessment of a civil penalty of up to $5,000 for 13 each day of a violation (Code section 459.603 referring to Code 14 section 455B.191). A person who violates Code chapter 459A is 15 subject to the same judicial assessment (Code section 459A.502 16 referring to Code section 455B.191). 17 -6- LSB 6662XS (4) 91 da/js 6/ 6