SF 2270 (LSB 6662XS (4) 91)

SENATE FILE 2270

BY  STAED, QUIRMBACH, and BENNETT

A BILL FOR

An Act regulating animal feeding operations, including rulemaking requirements, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.173, subsection 2, Code 2026, 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 and chapters 459, 459A, and 459B.
   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.  (1)  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 if the more restrictive effluent limitation is necessary to meet water quality standards, 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. 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. 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.
   (2)  Rules adopted to implement subparagraph (1) are not subject to section 17A.7, subsection 2 or 3.
   c.  Rules adopted to implement this subsection are not subject to section 17A.7, subsection 2 or 3 Paragraph “b” shall not preclude the commission from adopting rules under sections 459.311 and 459A.410 that provide more restrictive effluent limitations than required by the federal environmental protection agency pursuant to section 301, 306, or 307 of the federal Water Pollution Control Act.
    Sec. 2.  Section 459.103, Code 2026, 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 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 as necessary to preserve and enhance water quality in this state.
   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, chapter 459A, and chapter 459B. 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. 3.  Section 459.311, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Notwithstanding subsection 1, 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 national pollutant discharge elimination system permit 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.
   b.  The applicable national pollutant discharge elimination system permit requirements described in paragraph “a” are minimum standards. The commission shall adopt rules that provide more restrictive requirements as necessary to regulate the storage, treatment, and application of manure and other effluent originating from a confinement feeding operation in a manner that ensures waters of the state attain water quality standards.
    Sec. 4.  Section 459A.104, subsection 4, Code 2026, is amended by striking the subsection.
    Sec. 5.  Section 459A.401, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Notwithstanding subsection 1, an open feedlot operation that is a concentrated animal feeding operation shall comply with applicable NPDES permit requirements as provided in the federal Water Pollution Control Act, 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 Act.
   b.  The applicable NPDES permit requirements described in paragraph “a” are minimum standards. The commission shall adopt rules that provide more restrictive requirements as necessary to regulate the storage, treatment, and application of manure and other effluent originating from an open feedlot operation in a manner that ensures waters of the state attain water quality standards.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. An animal feeding operation (AFO) is regulated under several Code chapters, including Code chapter 455B, subchapter III, governing water quality, and Code chapter 459, subchapter III, governing all AFOs, which includes provisions regulating confinement feeding operations, and Code chapter 459A, which includes selected provisions regulating open feedlot operations. The Code chapters are administered and enforced by the department of natural resources under the oversight of the environmental protection commission (EPC) (Code chapter 455A).
   BACKGROUND —— ANIMAL FEEDING OPERATIONS. An AFO is an area in which agricultural animals are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure. A confinement feeding operation maintains animals in roofed buildings and stores liquid manure in a formed or unformed structure (see Code section 459.102). An open feedlot operation is an unroofed or partially roofed facility without crop, vegetation, or forage growth or residue cover (Code section 459A.102). Manure from an open feedlot operation includes solids and effluent that are usually not stored in a structure associated with a confinement feeding operation.
   BACKGROUND —— STATE AND FEDERAL LAW. Both Code chapters 459 and 459A regulate the application of manure and other effluent originating from an operation, including application close to water sources. AFOs are also regulated under federal law by the United States environmental protection agency, which administers and enforces the national pollutant discharge elimination system program (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). 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 of or discharged in a manner that will cause surface water or groundwater pollution (Code section 459.311). However, in all cases involving the disposal 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. This bill eliminates provisions that prevent EPC rules regulating manure or effluent originating from an AFO from being more stringent than federal law. The bill provides that the NPDES program establishes minimum requirements. The EPC is required to adopt rules that provide more restrictive requirements as necessary to regulate the storage, treatment, and application of manure and other effluent originating from an AFO in a manner that preserves and enhances water quality in the state. The bill also eliminates provisions that exempt EPC rules regulating AFOs from being subject to the ordinary periodic comprehensive administrative review of agency rules (Code section 17A.7(2) or (3)).
   APPLICABLE PENALTIES. A person who is in violation of the bill’s provisions is subject to a civil penalty under Code chapter 459 or 459A. A person who violates Code chapter 459, subchapter III, is subject to the administrative assessment of a civil penalty of up to $10,000 for each day of a violation (Code section 459.603 referring to Code section 455B.109) or the judicial assessment of a civil penalty of up to $5,000 for each day of a violation (Code section 459.603 referring to Code section 455B.191). A person who violates Code chapter 459A is subject to the same judicial assessment (Code section 459A.502 referring to Code section 455B.191).