Below is the information and schedule for the public meetings on DNR's proposed rules for NPDES discharge permits for CAFOs. We need to get as many people to these meetings as possible. Wally Taylor ENVIRONMENTAL PROTECTION COMMISSION[567] Notice of Intended Action Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.” Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard. Pursuant to the authority of Iowa Code sections 459.103(3), 459.311(2) and 459A.104(1), the Environmental Protection Commission (Commission) proposes to amend Chapter 64, “Wastewater Construction and Operation Permits,” and Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code. The Iowa Legislature has directed the Commission to adopt rules requiring confinement feeding operations that are concentrated animal feeding operations (CAFOs) to comply with applicable National Pollutant Discharge Elimination System (NPDES) permit requirements. These rules “shall be no more stringent” than the requirements in U.S. EPA’s rules set out in 40 CFR Parts 122 and 412. See Iowa Code section 459.311(2). Adoption of rules is also required by the Work Plan Agreement (Work Plan) entered into between the Department of Natural Resources (Department) and U.S. EPA on September 11, 2013. The Work Plan requires that the Department recommend to the Commission the adoption of certain rules, including the adoption by reference of “federal regulations necessary to fully implement the NPDES permitting program for confinement CAFOs that discharge to waters of the U.S.” In light of the reasons above, the Commission is now proposing a rule that incorporates by reference U.S. EPA’s CAFO rule. See Item 7 of the proposed amendments. The Commission also proposes to rescind the outdated term “operation permit” from the confinement feeding operation rules. See ItemsIAB 4/16/14 NOTICES 2065 ENVIRONMENTAL PROTECTION COMMISSION[567](cont’d) 2, 5 and 6 of the proposed amendments. The proposed amendments eliminate the need for “operation permits” in the confinement animal feeding operation program. In addition, the proposed amendments also incorporate the Work Plan requirement that the Department recommend to the Commission that it “adopt by reference federal regulations that fully implement the NPDES permitting program with respect to land application setback and separation distances for open feedlot CAFOs.” The Commission considered this recommendation and is now proposing an amendment that incorporates by reference the federal setback requirements. See Item 8 of the proposed amendments. To ensure equivalency with the open feedlot program, the Commission is proposing this setback requirement for confinement feeding operations as well. See Items 3 and 4 of the proposed amendments. To assist stakeholders in understanding how the basic NPDES permitting requirements in Chapter 64 apply to the more specific requirements for CAFOs in Chapter 65, the Commission is proposing changes to the existing rule that outlines how these two chapters work in conjunction with each other regarding NPDES CAFO permits. See Item 1 of the proposed amendments. By letter dated January 23, 2014, U.S. EPA Region 7 informed the Department that the proposed amendments “meet the requirements … of the Work Plan and ensure that Iowa’s NPDES authorities are consistent with federal requirements.” Any interested person may make written suggestions or comments on the proposed amendments on or before May 13, 2014. Written comments should be directed to Gene Tinker, Iowa Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319-0034; fax (515)281-8895; or e-mail [log in to unmask] Also, there will be public hearings as follows, at which time persons may present their views either orally or in writing: May 6, 2014 6 p.m. Lime Creek Nature Center 3501 Lime Creek Road Mason City May 7, 2014 6 p.m. Clay County Administration Building Boardroom 300 W. 4th Street Spencer May 8, 2014 6 p.m. Carroll County Courthouse Meeting Room 114 E. 6th Street Carroll May 9, 2014 11 a.m. Wallace State Office Building Fourth Floor Conference Room 502 E. 9th Street Des Moines May 12, 2014 6 p.m. Northeast Iowa Community College Dairy Center, Room 115 1527 Highway 150 South Calmar May 13, 2014 6 p.m. Washington County Conservation Board Education Center, Marr Park 2943 Highway 92 Ainsworth At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Any persons who intend to attend a public hearing and have special requirements,such asthose related to hearing or mobility impairments, should contact the Department and advise of specific needs.2066 NOTICES IAB 4/16/14 ENVIRONMENTAL PROTECTION COMMISSION[567](cont’d) Jobs Impact Statement After analysis and review of this rule making, the Commission has determined that jobs could be negatively impacted. However, in complying with Iowa Code section 459.311(2), which requires the rules to be no more stringent than the federal regulations, and by including only federal regulations essential to fully implement the NPDES permit program for confinement feeding operations, the Commission has necessarily minimized adverse impacts on jobs. These amendments are intended to implement Iowa Code chapters 455B, 459, 459A, and 459B. 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