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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/