John--I checked with Mary Skopec of the Iowa Geological Survey and she sent
a document with the rules about "qualified volunteers". She summarized the
rule in this paragraph. I have pasted below this paragraph some of the other
language of the rule, but I can send this document to anyone who would like
to receive it. Please note the requirement that a monitoring plan must be
submitted at least 90 days before monitoring is expected to begin.
Jane Clark
"Qualified volunteer" means a person or group of people acting on their
own behalf, and not for a government agency or under contract with the
department, to produce water quality monitoring data in accordance with
a department-approved volunteer monitoring plan. Qualified volunteers
must have the training and experience to ensure quality assurance and
quality control for the data being produced, or be under the direct
supervision of a person having such qualifications. A person or persons
identified as participants in a department-approved volunteer monitoring
plan will be considered qualified volunteers.
o Defines credible data as scientifically valid data collected under
scientifically accepted sampling plans, including quality assurance and
quality control procedures;
o Stipulates that data is not credible data unless it originates from
studies and samples collected by the Department and its professional
designees or from qualified volunteers;
o Requires the review and approval of all data provided by a qualified
volunteer as well as the volunteer monitoring plan before the volunteer data
may be considered credible data; and
o Requires the Department to adopt rules to establish requirements for a
person to become a qualified volunteer.
The rules to be amended establish minimum requirements for data produced by
volunteers to meet the credible data and qualified volunteer requirements.
The expertise needed to produce scientifically valid data can vary
significantly depending on the type of monitoring (e.g., chemical versus
biological) and other factors, including analytical procedures and changing
technology. Providing a definition of "qualified volunteer" in terms of
specific education, experience and knowledge would be difficult and would
have the effect of discouraging volunteer monitoring, especially for the
simpler types of monitoring (e.g., water temperature testing). For that
reason, the proposed rules define “qualified volunteer” in general terms and
concentrate on the process of reviewing the volunteer monitoring plan,
including quality assurance and quality control measures, and the monitoring
data to ensure the data are, in fact, scientifically valid. Volunteers
working under the provisions of an approved volunteer monitoring plan would
be considered qualified volunteers.
In response to the comments the department received during the public
comment period and the three public hearings, the following changes were
made to those published under notice.
Rewording 61.12(1) to clarify that qualified volunteers must specifically
request that their data be considered credible before the Department can
incorporate it in a 303d list.
Rewording 61.12 (1) to require the Department to provide a standard format
for the submission of qualified volunteer data.
Rewording 61.12 (1) to clarify that data collected by volunteers will be
labeled as such in any Department databases, reports, or websites.
Rewording 61.13 to clarify that the Department shall conduct statistically
valid field audits of volunteer data collection activities and analysis
procedures.
These amendments are intended to implement Iowa Code chapter 455B, division
III, part 1.
ITEM 2. Amend 567—Chapter 61 by adopting the following new division title
before rule 567—61.1:
567–-61.11(455B) Monitoring plan required. Volunteer water quality
monitoring data submitted to the department must have been produced in
accordance with a department-approved volunteer water quality monitoring
plan before the data may be used for any of the purposes listed in Iowa Code
section 455B.194. Approval of a plan will establish qualified volunteer
status for the personnel identified in the plan for those monitoring
activities covered under the plan.
61.11(1) Submittal of the plan. Prior to initiation of volunteer water
quality monitoring activities intended to produce credible data, a water
quality monitoring plan must be submitted to the department for review and
approval. The plan must be submitted to the Volunteer Monitoring
Coordinator, Department of Natural Resources, Wallace State Office Building,
Des Moines, Iowa 50319, a minimum of 90 days before planned initiation of
volunteer monitoring activities. A letter transmitting the plan must
specifically request formal review and approval of the plan and identify a
contact person. Volunteer monitors are encouraged to communicate with the
department and to attend volunteer monitoring training sessions prior to
formal submittal of a plan.
61.11(2) Content of the plan. A volunteer monitoring plan must contain, at
a minimum, the following to be considered an acceptable volunteer monitoring
plan:
a. A statement of the intent of the monitoring effort.
b. The name(s) of the person or persons that will be involved in data
collection or analysis, the specific responsibilities of each person or
group of people, and the general qualifications of the volunteers to carry
out those responsibilities. For groups, such as educational institutions,
it will be acceptable to identify the persons involved by general
description (e.g., tenth grade biology class) with the exception of persons
in responsible charge.
c. The name(s) of the person or persons that will oversee the monitoring
plan, ensure that quality assurance and control objectives are being met,
and certify the data. The person or persons in responsible charge must have
training commensurate with the level of expertise to ensure that credible
data is being generated.
d. The duration of the volunteer monitoring effort. In general, the
department will not approve plans of greater than three years' duration
unless a longer duration is justified.
e. Location and frequency of sample collection.
f. Methods of data collection and analysis.
g. Record keeping and data reporting procedures.
61.11(3) Department review of the plan. The department will review
monitoring plans and normally approve or disapprove the plan within 90 days
of receipt. The department will work with the contact person identified in
the plan to make any necessary changes prior to taking formal action. The
department will use guidelines contained in the publications EPA
Requirements for Quality Assurance Project Plans (EPA QA/R-5, 2001) and
Volunteer Monitor’s Guide to Quality Assurance Project Plans (1966, EPA
841-B-96-003) or equivalent updates to determine if the plans provide
adequate quality assurance and quality control measures. Approval or
disapproval of the plan will be in the form of a letter and approval may
include conditions or limitations.
----- Original Message -----
From: "John Lovaas" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, June 28, 2006 3:15 PM
Subject: Looking for specifics on Iowa water testing rules
Hello all!
I'm looking for specific information regarding water testing(dye tracing,
specifically) regulations in Iowa that make non-agency testing
(i.e., 'private') inadmissible in court.
I'm looking for the rule #s, state codes, or court ruling info that deals
with this.
Feel free to contact me directly at [log in to unmask], or at 815-338-7518.
Thanks!
John Lovaas
Coldwater Cave Project
www.caves.org/project/coldwater
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