ARC 9205C

ARC 9205C

Rulemaking related to monitoring, analytical and reporting requirements

The U.S. Environmental Protection Agency (EPA) delegated NPDES permitting authority to Iowa in 1978 for all facilities outside tribal lands, as granted under Clean Water Act section 402(b). Iowa’s NPDES rules must implement all of the provisions in 40 CFR §123.25, and these rules must be as stringent as the federal provisions. Iowa also regulates wastewater disposal to the land and to waters of the state, as authorized in Iowa Code section 455B.174.

Chapter 63 was reviewed and edited consistent with Executive Order 10. The changes remove outdated requirements; shorten, simplify and clarify regulations and terminology; remove redundancy; and reference regulations that appear elsewhere in state or federal law. Monitoring frequencies were slightly revised to account for only the number of samples the Department needs to reissue a permit and ensure proper treatment. Chapter 63’s rule-referenced document, the Supporting Document for Permit Monitoring Frequency Determination, March 2022 (www.iowadnr.gov/environmental-protection/water-quality/wastewater-permitting-npdes/npdes-rules-regulations), is unchanged.

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8635C. A public hearing was held on the following date(s):

●January 28, 2025

●January 29, 2025

Twenty-nine people attended the first public hearing, and 19 people attended the second public hearing. No public comments pertinent to this rulemaking were provided at the hearings.Two comment letters were received during the public comment period.

This rulemaking is substantially identical to the Notice. Three minor changes from the Notice have been made to Chapter 63 in response to the comments. A minor change to the bypass prohibition language was made to accord with the Code of Federal Regulations, the language regarding the notification of an unanticipated bypass was simplified, and the language regarding the inclusion of additional monitoring in operation records was clarified.

ITEM 1.Rescind 567—Chapter 63 and adopt the following new chapter in lieu thereof:

CHAPTER 63

MONITORING, ANALYTICAL AND REPORTING REQUIREMENTS

567—63.1(455B) Guidelines establishing test procedures for the analysis of pollutants. Only the procedures prescribed in this chapter shall be used to perform the measurements indicated in an application for an operation permit submitted to the department, a report required to be submitted by the terms of an operation permit, and a certification issued by the department pursuant to Section 401 of the CWA.

63.1(1) Identification of test methods, application for alternative test methods, and method modifications.

a.Laboratories shall use methods promulgated or approved by the EPA or by the department in accordance with 567—subrule 83.5(1).

b.All parameters for which testing is required by a wastewater discharge permit, permit application, or administrative order, except operational performance testing, must be analyzed using one of the following:

(1)An approved method specified in 40 CFR §136.3;

(2)An alternative method that has been previously approved pursuant to 40 CFR §136.4 or 136.5; or

(3)A method identified by the department when no approved method is specified for the parameter in 40 CFR Part 136.

c.Applications for alternative test procedures shall follow the requirements of 40 CFR §136.4 or 136.5.

d.Method modifications shall follow the requirements of 40 CFR §136.6.

63.1(2) Containers, preservation techniques and holding times. All samples collected in accordance with the self-monitoring requirements defined in an operation permit shall comply with the container, preservation techniques, and holding time requirements as specified in 40 CFR §136.3, Table II (Required Containers, Preservation Techniques, and Holding Times). Sample preservation should be performed immediately upon collection, if feasible.

63.1(3) All laboratories conducting analyses required by this chapter must be certified in accordance with 567—Chapter 83. Routine on-site monitoring for pH, temperature, dissolved oxygen, total residual chlorine (TRC), other pollutants that must be analyzed immediately upon sample collection, settleable solids, physical measurements such as flow and cell depth, and operational monitoring tests specified in 63.3(4) are excluded from this requirement.

63.1(4) All instrumentation used for conducting any analyses required by this chapter must be properly calibrated according to the manufacturer’s instructions.

567—63.2(455B) Monitoring activities and records. Permittees shall maintain records of all information resulting from any monitoring activities required in an operation permit and from any operational performance monitoring.

63.2(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity, in accordance with 40 CFR §122.41(j)(1).

63.2(2) Permittees shall retain, for a minimum of three years, all paper and electronic records of monitoring activities and results in accordance with 40 CFR §122.41(j)(2).

63.2(3) Records of monitoring activities and results shall include the information specified in 40 CFR §122.41(j)(3).

567—63.3(455B) Minimum self-monitoring requirements in permits.

63.3(1) Organic waste dischargers. The minimum self-monitoring requirements to be incorporated in operation permits for facilities discharging organic wastes shall be the appropriate requirements in Tables I and II of this chapter. Additional monitoring may be specified in operation permits in accordance with 63.3(5).

63.3(2) Inorganic waste dischargers. The self-monitoring requirements to be incorporated in operation permits for facilities discharging inorganic wastes shall be determined on a case-by-case evaluation of the impact of the discharge on the receiving stream, toxic or deleterious effects of wastewaters, complexity of the treatment process, history of noncompliance or any other factor which requires strict operational control to meet the effluent limitations of the permit, as described in the Supporting Document for Permit Monitoring Frequency Determination, March 2022, hereafter referred to as the Supporting Document, located on the department’s website. Grab samples shall be taken in accordance with 567–63 Table I (455B) Superscript 4, and composite samples shall be taken in accordance with 567–63 Table I (455B) Superscript 4a or 4c.

63.3(3) Significant industrial users (SIUs) of publicly owned treatment works (POTWs). Monitoring for SIUs shall be determined as described in the Supporting Document, located on the department’s website. Monitoring results shall be submitted to the department in accordance with the reporting requirements in the operation permit. The monitoring program of a POTW with a department-approved pretreatment program may be used in lieu of the Supporting Document.

63.3(4) Operational performance monitoring. Operational performance monitoring for treatment unit process control shall be conducted to ensure that a facility is properly operated in accordance with its design. The results of any operational performance monitoring need not be reported to the department but shall be maintained in accordance with rule 567—63.2(455B), and shall be submitted to the department upon request. Additional operational performance monitoring may be specified in operation permits in accordance with 63.3(5). The results of operational performance monitoring specified in an operation permit shall be submitted to the department in accordance with the permit requirements.

63.3(5) Additional monitoring.

a.Additional monitoring may be specified in operation permits in accordance with this subrule, as follows:

(1)For facilities discharging organic wastes;

(2)As operational performance monitoring; or

(3)For the purposes of whole effluent toxicity (WET) testing.

b.Additional monitoring requirements in operation permits shall be based on a case-by-case evaluation of the impact of the discharge on the receiving stream, toxic or deleterious effects of wastewaters, industrial contribution to the system, complexity of the treatment process, history of noncompliance or any other factor which requires strict operational control to meet the effluent limitations of the permit, as described in the Supporting Document.

63.3(6) Modification of minimum monitoring requirements. Monitoring requirements may be modified or reduced at the director’s discretion or when requested by the permittee, in accordance with 567—paragraph 60.3(6)“e.”

567—63.4(455B) Whole effluent toxicity (WET) testing requirements in permits.

63.4(1) WET testing.

a.All major municipal and industrial dischargers shall conduct WET testing. Additional toxicity monitoring may be specified in operation permits for major or minor facilities in accordance with 63.3(5).

b.All dischargers required to conduct WET tests shall conduct, at a minimum, one valid WET test annually. The testing requirements will be placed in the operation permit for each discharger required to conduct this testing. A “valid WET test” is one that meets the testing requirements in 63.4(2)“a.”

c.Any WET test completed by the department or other agency and conducted according to the procedures stated or referenced in this rule may be used to determine compliance with an operation permit.

63.4(2) Testing procedures.

a.All WET tests shall be conducted as follows:

(1)Use a 24-hour composite sample of the effluent collected at the location stated in the operation permit;

(2)Commence within 36 hours of sample collection;

(3)Use the test methods referenced in 40 CFR Part 136 and protocols described in the EPA document EPA-821-R-02-012, Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 5th edition, October 2002;

(4)Use the water flea (Ceriodaphnia dubia) and the fathead minnow (Pimephales promelas);

(5)Be conducted as static pass/fail;

(6)Include the following for each organism: a 100 percent culture water control series, a 100 percent effluent series, and any additional dilution series specified in the operation permit;

(7)Last for 48 hours, at which time the mortality will be determined for all tests; and

(8)Be conducted by a laboratory certified in Iowa.

b.All WET test results, including results of any tests performed at a greater frequency than required in the operation permit, shall be submitted to the department within 30 days of test completion.

63.4(3) Positive result. If there is a positive toxicity test result in the diluted effluent sample from a valid WET test, the following requirements apply unless the exception in 63.4(3)“d” is applicable. For the purposes of this rule, “positive toxicity test result” means a statistically significant difference of mortality rate between the control and the diluted effluent test.

a.At a minimum, the discharger shall conduct quarterly WET tests until three successive tests are determined not to be positive, after which the toxicity testing shall be resumed as specified in the operation permit.

b.If the discharger has two successive positive valid diluted WET test results or three positive test results out of five valid diluted tests, the discharger shall conduct a toxicity reduction evaluation (TRE). A TRE is a stepwise process, similar to that found in EPA Document 600/2-88/062, that combines effluent toxicity tests and analysis of the chemical characteristics of the effluent to determine the cause of the effluent toxicity or the treatment methods that will reduce the effluent toxicity, or both.

c.The discharger may be required to conduct instream monitoring or other analyses in conjunction with the TRE. If at any time during the course of conducting a TRE there are three consecutive follow-up toxicity test results for the diluted sample which are not positive, the discharger will be considered as in compliance and work on the TRE may cease. WET testing shall then resume as specified in the operation permit. Nothing in these rules shall preclude the department from taking enforcement action beyond that described in these rules.

d.When the pretest chemical analysis for un-ionized ammonia nitrogen (NH3-N) or TRC on the diluted effluent sample exceeds the concentrations given below, a positive test result is likely to have been caused by high concentrations of un-ionized NH3-N or TRC, and the test result will not be used to determine if follow-up testing is needed.

(1)Un-ionized NH3-N—0.9 mg/l

(2)TRC—0.1 mg/l

567—63.5(455B) Self-monitoring and reporting for animal feeding operations.

63.5(1) The following self-monitoring requirements may be imposed on an animal feeding operation in any operation permit issued for such an operation.

a.Measurement of liquid level in a waste storage facility on a periodic basis.

b.Measurement of daily precipitation, as appropriate.

c.Sampling and analysis of groundwater as necessary to determine effects of wastewater application.

d.Other measurements necessary to evaluate the adequacy of a waste disposal system.

63.5(2) Reports of the self-monitoring results shall be submitted to the appropriate regional department field office (hereafter referred to as FO) quarterly. The quarterly reports shall cover the periods January through March, April through June, July through September, and October through December. The quarterly report for each period shall be submitted by the tenth day of the month following the quarter being reported.

567—63.6(455B) Bypasses and upsets.

63.6(1) Prohibition. Bypasses from any portion of a treatment facility or from a sanitary sewer collection system designed to carry only sewage are prohibited. The department may not assess a penalty against a permittee for a bypass if the permittee has complied with all of the following:

a.The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b.There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c.The permittee submitted the information required in 63.6(2), 63.6(3), and 63.6(5).

63.6(2) Request for anticipated bypass. Except for bypasses that occur as a result of mechanical failure or acts beyond the control of the owner or operator of a waste disposal system (unanticipated bypasses), the owner or operator shall obtain written permission from the department prior to any discharge of sewage or wastes from a waste disposal system not authorized by a discharge permit. The director may approve an anticipated bypass after considering its adverse effects if the director determines that it will meet the conditions in 63.6(1).

a.The request for a bypass shall be submitted in writing to the appropriate FO at least ten days prior to the expected date of the event.

b.The request shall include all of the following:

(1)The reason for the bypass;

(2)The date and time the bypass will begin;

(3)The expected duration of the bypass;

(4)An estimate of the amount of untreated or partially treated sewage or wastewater that will be discharged;

(5)The location of the bypass;

(6)The name of any body of surface water that will be affected by the bypass; and

(7)Any actions the owner or operator proposes to take to mitigate the effects of the bypass upon the receiving stream or other surface water.

63.6(3) Notification of unanticipated bypass or upset and public notices (PNs). In the event that a bypass or upset occurs without prior notice having been provided pursuant to 63.6(2) or as a result of mechanical failure or acts beyond the control of the owner or operator, the owner or operator of the treatment facility or collection system shall notify the department by telephone as soon as possible but not later than 24 hours after the onset or discovery.

a.Notification shall be made by contacting the appropriate FO. After-hours notification may be made by calling the Department of Natural Resources emergency response hotline at 515.725.8694.

b.Notification shall include information on as many items listed in 63.6(3)“d”(1) through 63.6(3)“d”(6) as available information will allow.

c.Upon notification, the department shall determine if a PN for an unanticipated bypass is necessary. If the department determines that a PN is necessary, the owner or operator of the treatment facility or the collection system shall prepare a PN.

d.A written submission describing the bypass shall also be provided to the appropriate FO within five days of the time the permittee becomes aware of the bypass. The written submission shall contain the following:

(1)The reason for the bypass, including the amount and duration of any rainfall event that may have contributed to the bypass;

(2)The date and time of onset or discovery of the bypass;

(3)The duration of the bypass;

(4)An estimate of the amount of untreated or partially treated sewage or wastewater that was discharged;

(5)The location of the bypass; and

(6)The name of any body of surface water that was affected by the bypass.

63.6(4) Monitoring, disinfection, and cleanup. The owner or operator of the treatment facility or collection system shall perform any additional monitoring, sampling, or analysis of the bypass or upset requested by the FO and shall comply with department instructions intended to minimize the effect of a bypass or upset on the receiving water of the state. In addition, the department may require the following:

a.Temporary disinfection, depending on the volume and duration of the bypass, the classification of the stream affected by the bypass, and the time of year during which the bypass occurs;

b.Cleanup of any debris and waste materials deposited in the area affected by the bypass; or

c.Lime application to the ground surface or disinfection of the affected area with chlorine solution.

63.6(5) Reporting of subsequent findings and additional information requested by the department. All subsequent findings and laboratory results concerning a bypass shall be submitted in writing to the appropriate FO as soon as they become available. Any additional information requested by the department concerning the steps taken to minimize the effects of a bypass shall be submitted within 30 days of the request.

63.6(6) Upset. 40 CFR §122.41(n) is adopted by reference.

567—63.7(455B) Submission of operation records.

63.7(1) Electronic reporting.

a.Except as provided in this rule and 63.3(4) and 63.5(2), operation records required by NPDES permits shall be submitted electronically to the department within 15 days following the close of the reporting period specified in 63.7(5) and in accordance with monitoring requirements derived from this chapter and incorporated in the NPDES permit.

b.Operation records required by operation permits shall be submitted to the department within 15 days following the close of the reporting period specified in 63.7(5) and in accordance with monitoring requirements derived from this chapter and incorporated in the operation permit.

63.7(2) Temporary or permanent paper submittal of operation records. Upon satisfaction of the following criteria and written approval from the department, temporary or permanent paper submittal of operation records may be allowed in lieu of electronic reporting.

a.Written request for paper submittal.

(1)To obtain an approval for temporary or permanent paper submittal of operation records, a permittee must submit a paper copy of a written request to the department’s NPDES section. The written request for paper submittal must include all of the following:

1.The facility name;

2.The individual NPDES permit number or GP authorization number;

3.The facility address;

4.The owner’s name and contact information;

5.The name and contact information of the person submitting operation records (if different than the owner); and

6.The reason for the request, including a justification of why electronic submission is not feasible at this time.

(2)Requests for paper submittal that do not contain all of the above information will not be considered. Electronic (email) requests for paper submittal will not be considered.

b.Temporary paper submittal.

(1)The department will approve or deny a request for temporary paper submittal of operation records within 60 days of receipt. Paper submittal requests shall be approved or denied at the director's discretion.

(2)All approvals for temporary paper submittal will expire five years from department approval. After an approval for temporary paper submittal expires, the permittee must submit all operation records electronically, unless another approval is obtained.

(3)Approved temporary paper submittals are nontransferable.

c.Permanent paper submittal.

(1)The department will approve or deny a request for permanent paper submittal of operation records within 60 days of receipt. Permanent paper submittal approvals shall only be granted to facilities and entities owned or operated by members of religious communities that choose not to use certain modern technologies (e.g., computers, electricity). Permanent approvals for paper submittal shall not be granted to any other facilities or entities.

(2)Approved permanent paper submittals are nontransferable.

d.Paper copies of operation records. All permittees who have received temporary or permanent paper submittal approvals must submit paper copies of all operation records to the department within 15 days following the close of the reporting period specified in 63.7(5) and in accordance with monitoring requirements derived from this chapter and incorporated in the NPDES permit.

63.7(3) Electronic reporting pursuant to NPDES general permits (GPs). Both electronic and paper reporting options are available to permittees covered under GP No. 5. Paper operation records are accepted under GP No. 4.

63.7(4) Episodic paper submittal of operation records. In accordance with this subrule, episodic paper submittal of operation records may be allowed in lieu of electronic reporting. The department shall provide notice, individually or through means of mass communication, regarding when episodic paper submittal is allowed, the facilities and entities that qualify for episodic paper submittal, and the likely duration of episodic paper submittal. The department shall determine if and when episodic paper submittal is warranted.

a.Episodic paper submittal is only allowed under the following circumstances:

(1)Large-scale emergencies involving catastrophic circumstances beyond permittee control, such as forces of nature (e.g., hurricanes, floods, fires, earthquakes) or other national disasters.

(2)Prolonged electronic reporting system outages (i.e., outages longer than 96 hours).

b.Permittees are not required to request episodic paper submittal. If the department determines that episodic paper submittal is warranted, a permittee shall submit paper copies of all operation records to the department within 15 days following the close of the reporting period specified in 63.7(5) and in accordance with monitoring requirements derived from this chapter and incorporated in the NPDES permit.

c.Episodic paper submittal is not transferable and cannot last more than 60 days.

63.7(5) Submission frequency. Except as provided in 63.3(4) and 63.5(2), or as specified in an NPDES GP issued in accordance with 567—subrule 60.4(2), operation records required by these rules shall be submitted at monthly intervals. The department may vary the submission frequency in certain cases for only non-NPDES permits. Variation from the monthly interval shall be made only under such conditions as the department may prescribe in writing to the permittee.

567—63.8(455B) Operation records; content, forms, certification, and signature.

63.8(1) Content. Operation records shall include the results of all monitoring specified in or authorized by this chapter or incorporated in the operation permit. The results of any additional monitoring for parameters included in the operation permit performed at the compliance monitoring point and analyzed according to 40 CFR Part 136 shall be included in the calculation and reporting of any data submitted in accordance with this chapter and the operation permit.

63.8(2) Forms. Operation record forms shall be those provided by the department unless a permittee has obtained department approval to use an alternative reporting form. Properly completed reporting forms and all attachments shall be submitted in accordance with department instructions.

63.8(3) Certification and signatory requirements. All operation records required by these rules shall include certification that attests that all information contained therein is representative and accurate. Each operation record, including those for operation permits, shall be signed in accordance with 40 CFR §122.22. For electronic submissions of operation records, a signed paper copy of the record that was submitted electronically must be maintained at the facility for a minimum of three years.

567—63.9(455B) Other reporting and notice.

63.9(1) Twenty-four-hour reporting. Pursuant to 40 CFR §122.41(l)(6), all permittees shall report any permit noncompliance that may endanger human health or the environment. Information shall be provided orally to the appropriate FO within 24 hours from the time the permittee becomes aware of the circumstances. In addition, a written submission containing the information required in 40 CFR §122.41(l)(6)(i) must be provided to the appropriate FO within five days of the occurrence.

63.9(2) Planned changes. Pursuant to 40 CFR §122.41(l)(1), a permittee shall give notice to the appropriate FO 30 days prior to any planned physical alterations or additions to the permitted facility.

63.9(3) Anticipated noncompliance. Pursuant to 40 CFR §122.41(l)(2), a permittee shall give advance notice to the appropriate FO of any activity which may result in noncompliance with permit requirements.

63.9(4) Other noncompliance. Pursuant to 40 CFR §122.41(l)(7), a permittee shall provide a written description of all instances of noncompliance not reported under 63.9(1) or 567—subrule 60.7(4) at the time operation records are submitted. The written description shall contain the information required in 40 CFR §122.41(l)(6)(i).

63.9(5) Notice exemption. Notice under this subrule is only required when previous notice has not been given to any other section of the department.

63.9(6) Other information. Pursuant to 40 CFR §122.41(l)(8), if a permittee becomes aware that it failed to submit any relevant facts in any report to the director, the permittee shall promptly submit such facts or information.

63.9(7) Applicability. The other reporting and notice requirements in this rule apply to all NPDES permits and apply as specified in operation permits.

567—63.10(455B) Sampling procedures for monitoring wells. The following steps shall be taken prior to monitoring well sampling.

63.10(1) Measure depth from top of well head casing to water table.

63.10(2) Calculate quantity of water to be flushed from well using the formula:

Gallons to be pumped = 0.221 d(squared)h, where:

d = well diameter in inches

h = depth in feet of standing water in well prior to pumping

63.10(3) Pump well.

63.10(4) Measure depth from well head casing to water table after pumping.

63.10(5) Wait for well to recharge to or near static water level prior to sampling.

Table I — Minimum Self-Monitoring in Permits for Organic Waste Dischargers

Controlled Discharge Wastewater Treatment Plants

Table II — Minimum Self-Monitoring in Permits for Organic Waste Dischargers

Continuous Discharge Wastewater Treatment Plants

These rules are intended to implement Iowa Code section 455B.173.

[Filed 4/18/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.