ARC 0657D

ARC 0657D

ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action

Proposing rulemaking related to IWFDS standards
and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to amend Chapter 60, “Scope of Title, Definitions, Wastewater Construction Permits, and Operation Permits,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 455B.103(2), 455B.105(3) and 455B.173(3).

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 455B.173.

Purpose and Summary

    A construction permit issued by the Department of Natural Resources (Department) is required for the construction, installation, or modification of any disposal system or part thereof or any extension or addition thereto. Construction permit applications must comply with the requirements established in the Iowa Wastewater Facilities Design Standards (IWFDS), which are referenced by rule in Chapter 60.

    Chapters 6 (Settling) and 8B (Activated Sludge Biological Treatment) of the IWFDS are being revised based on review of current engineering recommendations and comments previously received from stakeholders in order to modernize the standards by enhancing clarity and promoting greater flexibility. Minor typographical and reference errors are also being corrected throughout the IWFDS. The revised IWFDS document is available at: www.iowadnr.gov/environmental-protection/water-quality/wqb-rulemaking.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on June 10, 2026. A public hearing was held on the following date(s):

     ?   June 30, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Commission no later than 4:30 p.m. on November 3, 2026. Comments should be directed to:

    Free language assistance: If you speak a non-English language, the Department offers language assistance services free of charge. Contact the Department at [email protected].

    Servicios gratuitos de asistencia lingüística: Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al [email protected].

Public Hearing

     A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

    Free language assistance: If you need assistance in a language other than English, contact the Department at [email protected] or [email protected] or by telephone at 515.326.0430 at least seven days before the event.

    Asistencia lingüística gratuita: Si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al [email protected] o [email protected] o por teléfono a 515.326.0430 al menos siete días antes del evento.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Amend paragraph 60.2(1)“b” as follows:

    b.  Exemptions to the requirement to obtain a construction permit are listed in the Iowa Wastewater Facilities Design Standards, effective June 18, 2025 [effective date of this rulemaking], located on the department’s website; hereafter referred to as the IWFDS.