House File 2156 - Introduced HOUSE FILE 2156 BY STAED , WILBURN , STECKMAN , AMOS JR. , BROWN-POWERS , JACOBY , KRESSIG , KURTH , and LEVIN A BILL FOR An Act relating to water quality standards, including by 1 providing for the regulation of animal feeding operations, 2 providing penalties, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5246YH (6) 90 da/ns
H.F. 2156 Section 1. Section 455B.173, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. a. Establish, modify, or repeal water quality standards, 3 pretreatment standards, and effluent standards in accordance 4 with the provisions of this chapter . 5 a. b. The effluent standards may provide for maintaining 6 the existing quality of the water of the state that is a 7 navigable water of the United States under the federal Water 8 Pollution Control Act where the quality thereof exceeds the 9 requirements of the water quality standards. 10 b. c. If the federal environmental protection agency has 11 promulgated an effluent standard or pretreatment standard 12 pursuant to section 301 , 306 , or 307 of the federal Water 13 Pollution Control Act , a pretreatment or effluent standard 14 adopted pursuant to this section shall not be more stringent 15 than the federal effluent or pretreatment standard for such 16 source. This section may does not preclude the establishment 17 of a more restrictive effluent limitation in the permit 18 for a particular point source than the federal effluent or 19 pretreatment standard for such source if the more restrictive 20 effluent limitation is necessary to meet water quality 21 standards, or the establishment of an effluent standard for a 22 source or class of sources for which the federal environmental 23 protection agency has not promulgated standards pursuant to 24 section 301, 306, or 307 of the federal Water Pollution Control 25 Act. Except as required by federal law or regulation, the 26 commission shall not adopt an effluent standard more stringent 27 with respect to any pollutant than is necessary to reduce the 28 concentration of that pollutant in the effluent to the level 29 due to natural causes, including the mineral and chemical 30 characteristics of the land, existing in the water of the state 31 to which the effluent is discharged. Notwithstanding any other 32 provision of this part 1 of subchapter III or chapter 459, 33 subchapter III , any new source, the construction of which was 34 commenced after October 18, 1972, and which was constructed 35 -1- LSB 5246YH (6) 90 da/ns 1/ 10
H.F. 2156 as to meet all applicable standards of performance for the 1 new source or any more stringent effluent limitation required 2 to meet water quality standards, shall not be subject to any 3 more stringent effluent limitations during a ten-year period 4 beginning on the date of completion of construction or during 5 the period of depreciation or amortization of the pollution 6 control equipment for the facility for the purposes of section 7 167 or 169 or both sections of the Internal Revenue Code, 8 whichever period ends first. 9 Sec. 2. Section 459.102, Code 2024, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 14A. Concentrated animal feeding operation 12 means the same as defined in 40 C.F.R. 122.23. 13 NEW SUBSECTION . 28A. Effluent means water-carried manure. 14 NEW SUBSECTION . 30A. Federal Water Pollution Control Act 15 means the federal Water Pollution Control Act of 1972, 33 16 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412. 17 NEW SUBSECTION . 35A. Large concentrated animal feeding 18 operation means the same as defined in 40 C.F.R. 122.23. 19 NEW SUBSECTION . 41A. Medium concentrated animal feeding 20 operation means the same as defined in 40 C.F.R. 122.23. 21 NEW SUBSECTION . 41B. NPDES permit means a permit issued 22 by the department in administering the NPDES permit program. 23 NEW SUBSECTION . 41C. NPDES permit program means the 24 national pollutant discharge elimination system (NPDES) permit 25 program pursuant to the federal Water Pollution Control Act. 26 NEW SUBSECTION . 52A. Small concentrated animal feeding 27 operation means the same as defined in 40 C.F.R. 122.23. 28 Sec. 3. Section 459.103, Code 2024, is amended to read as 29 follows: 30 459.103 General authority commission and department. 31 1. The commission shall establish by rule adopted pursuant 32 to chapter 17A , requirements relating to the construction, 33 including expansion, or operation of animal feeding operations, 34 including related animal feeding operation structures. The 35 -2- LSB 5246YH (6) 90 da/ns 2/ 10
H.F. 2156 requirements shall include but are not limited to minimum 1 manure control, the issuance construction of permits, and 2 departmental investigations, inspections, and testing. The 3 commission shall establish by rule adopted pursuant to chapter 4 17A requirements relating to the storage, treatment, and 5 application of manure and other effluent originating from 6 animal feeding operations. 7 2. Any provision referring generally to compliance with 8 the requirements of this chapter as applied to animal feeding 9 operations also includes compliance with requirements in 10 rules adopted by the commission pursuant to this section , 11 orders issued by the department as authorized under this 12 chapter , and the terms and conditions applicable to licenses, 13 certifications, construction permits, or manure management 14 plans required under subchapter III . However, for purposes of 15 approving or disapproving an application for a construction 16 permit as provided in section 459.304 , conditions for the 17 approval of an application based on results produced by a 18 master matrix are not requirements of this chapter until the 19 department approves or disapproves an application based on 20 those results. 21 Sec. 4. Section 459.301, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4A. For purposes of determining compliance 24 with the rules adopted by the commission to implement and 25 administer the NPDES permit program, the department shall count 26 all animals according to type as used to determine whether an 27 animal feeding operation is a small concentrated animal feeding 28 operation, medium concentrated animal feeding operation, or 29 large concentrated animal feeding operation. 30 Sec. 5. NEW SECTION . 459.301A Federal law NPDES permit 31 program. 32 1. This subchapter establishes minimum requirements for 33 managing animal feeding operations to protect water quality. 34 The commission shall establish by rule adopted pursuant to 35 -3- LSB 5246YH (6) 90 da/ns 3/ 10
H.F. 2156 chapter 17A requirements relating to the implementation and 1 administration of the NPDES permit program, including the 2 issuance of NPDES permits in accordance with the requirements 3 of this subchapter and the federal Water Pollution Control Act. 4 2. The commission shall establish permitting requirements 5 under the NPDES permit program by rule adopted pursuant 6 to chapter 17A governing an animal feeding operation that 7 is a medium concentrated animal feeding operation or large 8 concentrated animal feeding operation. 9 3. a. NPDES permit conditions adopted by commission rule 10 applying to a medium concentrated animal feeding operation 11 under this section may exceed any applicable federal standard 12 applying to that medium concentrated animal feeding operation, 13 including under the federal Water Pollution Control Act. 14 b. NPDES permit conditions adopted by commission rule 15 applying to a large concentrated animal feeding operation 16 under this section may exceed any applicable federal standard 17 applying to that large concentrated animal feeding operation, 18 including under the federal Water Pollution Control Act. 19 4. NPDES permit conditions adopted by commission rule 20 applying to a medium concentrated animal feeding operation or 21 a large concentrated animal feeding operation must require 22 that the owner or operator of such concentrated animal feeding 23 operation do all of the following: 24 a. Conduct representative effluent monitoring, including 25 monitoring for pollutants originating from the concentrated 26 animal feeding operation that is discharged to navigable waters 27 through groundwater. 28 b. Report data collected from monitoring for pollutants 29 described in paragraph a to the department each ninety days. 30 The department shall publish the data on its internet site. 31 Sec. 6. Section 459.311, Code 2024, is amended to read as 32 follows: 33 459.311 Minimum requirements for manure control. 34 1. a. A confinement feeding operation shall retain all 35 -4- LSB 5246YH (6) 90 da/ns 4/ 10
H.F. 2156 manure produced by the operation between periods of manure 1 disposal. 2 b. For purposes of this section , dry manure may be retained 3 by stockpiling as provided in this subchapter . The stockpiled 4 manure shall be deemed part of the confinement feeding 5 operation where the manure originated. 6 c. A confinement feeding operation shall not discharge 7 manure directly into water of the state or into a tile line 8 that discharges directly into water of the state. 9 2. Notwithstanding subsection 1 , a A confinement feeding 10 operation that is a concentrated animal feeding operation as 11 defined in 40 C.F.R. 122.23(b) shall comply with applicable 12 rules adopted by the commission to implement and administer the 13 national pollutant discharge elimination system permit program 14 requirements as provided in the federal Water Pollution Control 15 Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 122 and 16 412 , pursuant to rules that shall be adopted by the commission. 17 Any rules adopted pursuant to this subsection shall be no more 18 stringent than requirements under the federal Water Pollution 19 Control Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 20 122 and 412 section 459.301A . The commission shall adopt 21 separate requirements for confinement feeding operations, 22 open feedlot operations, and animal truck wash facilities as 23 provided in chapter 459A. 24 3. Manure from an animal feeding operation shall be 25 disposed of in a manner which will that does not cause surface 26 water or groundwater pollution. Disposal in accordance with 27 the provisions of state law, including this chapter , rules 28 adopted pursuant to the provisions of state law, including 29 this chapter , guidelines adopted pursuant to this chapter , 30 and section 459.314 , shall be deemed as compliance with this 31 requirement. 32 4. The department may require that the owner of a 33 confinement feeding operation shall install and operate a water 34 pollution monitoring system as part of an unformed manure 35 -5- LSB 5246YH (6) 90 da/ns 5/ 10
H.F. 2156 storage structure the confinement feeding operation . The 1 monitoring system shall record data regarding the type and 2 quantity of effluent originating from a confinement feeding 3 operation that is discharged to the groundwater or a surface 4 water source. The owner or operator of the confinement feeding 5 operation shall report the data to the department each ninety 6 days. The department shall publish the data on its internet 7 site. 8 5. The owner of the confinement feeding operation which 9 that discontinues the use of the operation shall remove all 10 manure from related confinement feeding operation structures 11 used to store manure, by a date specified in an order issued to 12 the operation by the department, or six months following the 13 date that the confinement feeding operation is discontinued, 14 whichever is earlier. 15 Sec. 7. Section 459A.102, subsections 11 and 24, Code 2024, 16 are amended to read as follows: 17 11. Concentrated animal feeding operation means the same as 18 defined in 40 C.F.R. 122.23 section 459.102 . 19 24. NPDES permit means a permit issued by the department 20 under the national pollutant discharge elimination system 21 pursuant to the federal Water Pollution Control Act of 1972 , 33 22 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 122 and 412 the 23 same as defined in section 459.102 . 24 Sec. 8. Section 459A.401, subsection 2, Code 2024, is 25 amended to read as follows: 26 2. Notwithstanding subsection 1 , an open feedlot operation 27 that is a concentrated animal feeding operation shall comply 28 with applicable rules adopted by the commission implementing 29 and administering the NPDES permit requirements program as 30 provided in the federal Water Pollution Control Act , pursuant 31 to rules that shall be adopted by the commission. Any rules 32 adopted pursuant to this subsection shall be no more stringent 33 than requirements under the federal Act section 459.301A . 34 Sec. 9. Section 459A.502, Code 2024, is amended to read as 35 -6- LSB 5246YH (6) 90 da/ns 6/ 10
H.F. 2156 follows: 1 459A.502 Violations civil penalty. 2 1. a. A Except as provided in paragraph b , a person 3 who violates this chapter shall be subject to a civil penalty 4 which shall be established, assessed, and collected in the same 5 manner as provided in section 455B.191 . 6 b. A person who violates a provision regulating an open 7 feedlot operation is subject to a civil penalty which shall 8 be established, assessed, and collected in the same manner as 9 provided in section 455B.109 or 455B.191. 10 2. Any collected civil penalty and interest on a civil 11 penalty collected under this section shall be credited to the 12 Iowa nutrient research fund created in section 466B.46 . 13 3. A person shall not be subject to a penalty under this 14 section and a penalty under section 459.603 for the same 15 violation. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 BACKGROUND STATE LAW. This bill amends provisions 20 regulating animal feeding operations (AFOs) in which 21 agricultural animals are confined and fed and maintained 22 for 45 days or more in any 12-month period, and includes 23 all structures used for the storage of manure from animals 24 in the operation and the discharge of manure or effluent 25 originating from the AFO (Code chapters 459 and 459A). The 26 regulations are administered and enforced by the department of 27 natural resources (DNR) including the environmental protection 28 commission (EPC). State law recognizes several types of 29 AFOs, including confinement feeding operations (CFOs) in 30 which animals are housed (confined) under roof (Code chapter 31 459). Special provisions govern open feedlots where animals 32 are kept in unroofed or partially roofed structures (Code 33 chapter 459A). In both cases, natural vegetation is not 34 available to the animals. In Iowa, a CFO is subject to both 35 -7- LSB 5246YH (6) 90 da/ns 7/ 10
H.F. 2156 air and water protection statutes and rules. Under water 1 quality regulations, the owner or operator of an AFO may be 2 required to obtain authorization from DNR to do business. The 3 authorization takes the form of a construction permit for 4 a CFO (Code section 459.304) or an open feedlot operation 5 (Code section 459A.205) or a manure management plan for a CFO 6 (Code section 459.312) or nutrient management plan for an open 7 feedlot operation (Code section 459A.208). The EPC may by 8 rule require the owner or operator of a CFO to install a water 9 pollution monitoring system as part of an unformed (dirt or 10 clay) manure storage structure (Code section 459.311). The 11 level of regulation sometimes depends upon a formula that 12 calculates the degree to which the AFO presents a threat to 13 water quality measured by: (1) the type of animals maintained 14 and (2) the number of animals maintained. For example, a 15 construction permit is required for a CFO that has an animal 16 unit capacity (AUC) of 1,000 animal units (AUs) (Code section 17 459.303) and each head of butcher or breeding swine weighing 18 more than 55 pounds is assigned a special equivalency factor of 19 0.4 animal units (Code section 459.102) (0.4 AU x 1,000 AUC = 20 400 head). 21 BACKGROUND FEDERAL LAW. AFOs are also regulated under 22 federal law by the environmental protection agency (EPA) that 23 administers and enforces the national pollutant discharge 24 elimination system (NPDES) program pursuant to the federal 25 Water Pollution Control Act of 1972 (33 U.S.C. ch. 26, as 26 amended, and 40 C.F.R. pts. 122 and 412). EPA contracts with 27 DNR to administer and enforce the NPDES program. Under the 28 NPDES program, AFOs are referred to as concentrated animal 29 feeding operations (CAFOs). A CAFO is classified by its own 30 formula that also factors the type and number of animals kept. 31 The regulations apply to large, medium, and small CAFOs. For 32 example, a small CAFO includes less than 750 head of swine 33 weighing 55 or more pounds, a medium CAFO includes between 750 34 and 2,499 head, and a large CAFO includes 2,500 or more head. 35 -8- LSB 5246YH (6) 90 da/ns 8/ 10
H.F. 2156 BACKGROUND STATE AND FEDERAL REGULATION. The purpose 1 of both state and federal regulation is to prevent manure or 2 effluent from contaminating groundwater and surface water. 3 In compliance with federal law, manure from a CAFO cannot be 4 disposed (discharged) in a manner that will cause surface 5 water or groundwater pollution (Code section 459.311). A CAFO 6 must retain all manure between periods of disposal (i.e., land 7 application). An open feedlot must install structures that 8 filter manure and effluent runoff (Code section 459A.401). 9 However, in all cases involving the treatment of wastewater, 10 and the discharge of manure and effluent originating from an 11 AFO, rules adopted by the EPC can be no more stringent than 12 federal law (Code sections 455B.173, 459.311, and 459A.401). 13 BILLS PROVISIONS. The bill eliminates the provision that 14 prevent EPC rules regulating wastewater, or manure or effluent 15 originating from an AFO, from being more stringent than federal 16 law. The bill provides that statutes regulating AFOs are 17 minimum requirements, and that the EPC is to adopt permitting 18 requirements by rule under the NPDES program, including for 19 those AFOs classified as medium and large under federal law. 20 The EPC rules may exceed applicable federal standards applying 21 to a medium or large CAFO. In addition, the owner or operator 22 of a medium or large CAFO must conduct effluent monitoring 23 of pollutants discharged to navigable waters through the 24 groundwater. The owner or operator must report the collected 25 data to DNR which must publish it on its internet site. 26 CIVIL PENALTIES. Compliance with a statutory regulation 27 includes compliance with a rule adopted by DNR (Code section 28 459.103). A person violating a water quality regulation under 29 Code chapter 459 is subject to the administrative assessment 30 of a civil penalty by DNR of not more than $10,000 or a 31 judicial assessment of a civil penalty of $5,000 (Code sections 32 455B.109, 455B.191 and 459.603). Currently, a person violating 33 a water quality regulation applying to an open feedlot is 34 subject to the judicially assessed civil penalty (Code section 35 -9- LSB 5246YH (6) 90 da/ns 9/ 10
H.F. 2156 459A.502). The bill also provides that the person is subject 1 to the administratively assessed civil penalty. 2 -10- LSB 5246YH (6) 90 da/ns 10/ 10