ARC 6493C

ARC 6493C

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Rule making related to general permits

The Environmental Protection Commission (Commission) hereby amends Chapter 64, "Wastewater Construction and Operation Permits," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 455B.173(11).

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 455B.173(11), 455B.183 and 455B.186.

Purpose and Summary

This rule making renews five National Pollutant Discharge Elimination System (NPDES) general permits (General Permit Nos.5, 6, 7, 8 and 9). General permits authorize certain types or classes of facilities to discharge wastewater without having to obtain an individual NPDES permit. General permits are required by law to be adopted through rule making.

The renewal of all five permits in one rule making will streamline future renewals by aligning the permits' respective effective dates. The effective dates for all five general permits will be July 1, 2023, through June 30, 2028.

This rule making includes changes to General Permit Nos.5 through 7 to align the permits with recently revised definitions in 567—Chapter 60. More substantive changes are made to General Permit Nos.8 and 9. This is the first renewal for these two permits. The changes to both of these permits are necessary to clarify and revise regulatory requirements. Among other updates, the changes clarify requirements for electronic Notice of Intent submittals, extend applicable time frames, and insert consistent terminology. Further changes to General Permit No.8 add eligibility criteria for ammonia and update the eligibility criteria for lead and aluminum.

The permits can be viewed in full at www.iowadnr.gov/Environmental-Protection/Water-Quality/NPDES-Wastewater-Permitting/NPDES-Rules.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 15, 2022, as ARC 6358C. A public hearing was held on July 6, 2022, at 1 p.m.via video/conference call. Twenty-two people attended the hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Commission on August 16, 2022.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

Effective Date

This rule making will become effective on July 1, 2023.

The following rule-making action is adopted:

Amend subrules 64.15(5) to 64.15(9) as follows:

64.15(5) "Discharge from Mining and Processing Facilities," NPDES General Permit No. 5, effective July 20, 2021 July 1, 2023, to July 19, 2026 June 30, 2028.

64.15(6) "Discharge Associated with Well Construction Activities," NPDES General Permit No. 6, effective March 1, 2020 July 1, 2023, to February 28, 2025 June 30, 2028.

64.15(7) "Pesticide General Permit (PGP) for Point Source Discharges to Waters of the United States from the Application of Pesticides," NPDES General Permit No. 7, effective May 18, 2021 July 1, 2023, to May 17, 2026 June 30, 2028.

64.15(8) "Discharge from Hydrostatic Testing, Tank Ballasting and Water Lines," NPDES General Permit No. 8, effective July 1, 2018 2023, to June 30, 2023 2028.

64.15(9) "Discharge from Dewatering and Residential Geothermal Systems," NPDES General Permit No. 9, effective July 1, 2018 2023, to June 30, 2023 2028.

[Filed 8/16/22, effective 7/1/23]

[Published 9/7/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 9/7/22.