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ARC 1351B
ENVIRONMENTAL PROTECTION
COMMISSION[567]
Notice of Intended Action
Twentyfive 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
455B.105 and 455B.193, the Environmental Protection
Commission hereby gives Notice of Intended Action to
amend Chapter 60, "Scope of Title-Definitions-
Forms-Rules of Practice," and Chapter 61, "Water
Quality Standards," Iowa Administrative Code.
The 2000 General Assembly passed legislation (SF
2371) that, among other things, established a "credible
data" requirement for developing Section 303(d) lists of
impaired waters and various other water quality program
activities. The credible data legislation, now codified at
Iowa Code sections 455B.171 and 455B.193 to 455B.195:
* Defines credible data as scientifically valid data
collected under scientifically accepted sampling plans,
including quality assurance and quality control procedures;
* 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;
* 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
* Requires the Department to adopt rules to establish
requirements for a person to become a qualified volunteer.
The proposed amendments 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. 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., testing
for indicator bacteria). 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.
Any person may submit written suggestions or
comments on the proposed amendments on or before
March 7, 2002. Written comments should be submitted to
Richard Leopold, Department of Natural Resources,
Wallace State Office Building, 900 East Grand, Des
Moines, Iowa 503190034; fax (515)2818895.
Persons are also invited to present oral or written
comments at public hearings which will be held at the
following locations and times:
February 27, 2002, at 10 a.m. in the Fifth Floor East
Conference Room, Henry A. Wallace Building, Des
Moines;
March 1, 2002, 7 p.m., at Iowa Lakes Community
College, 1900 North Grand Ave., Spencer; and
March 7, 2002, 6 p.m., in the Autumn Room, Grant
Wood AEA, 4401 6th Street SW, Cedar Rapids.
Any person who plans to attend a public hearing and has
special requirements such as hearing or mobility
impairments should contact Richard Leopold at (515)281
3152 to advise of specific needs.
These amendments are intended to implement Iowa
Code chapter 455B, division III, part 1.
The following amendments are proposed.
I
TEM
1. Amend rule
567-60.2(455B)
by adopting the
following
new
definition in alphabetical order:
"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
departmentapproved 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 departmentapproved
volunteer monitoring plan will be considered qualified
volunteers.
I
TEM
2. Amend 567-Chapter 61 by adopting the
following
new
division title before rule 567-61.1:
WATER QUALITY STANDARDS
I
TEM
3. Reserve rules
61.4
to
61.9
and adopt the
following
new
division:
VOLUNTEER MONITORING DATA REQUIREMENTS
567-61.10(455B) Purpose.
The department uses water
quality monitoring data for a number of purposes,
including determining compliance with effluent limits for
operation permits issued under 567-Chapter 64. The
department also uses water quality monitoring data to
determine the relative health of a water body by comparing
monitoring data to the appropriate water quality standards
established in 567- Chapter 61, a process known as water
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body assessments. Water body assessments are performed
to prepare the biennial water quality report required under
Section 305(b) of the Act and the list of impaired waters
under Section 303(d) of the Act.
Iowa Code sections 455B.193 to 455B.195 require that
credible data, as defined in Iowa Code section 455B.171,
be used for the purpose of preparing Section 303(d) lists
and other water quality program functions. Data provided
by a volunteer are not considered credible data unless
provided by a qualified volunteer. The purpose of this
chapter is to establish minimum requirements for data
produced by volunteers to meet the credible data and
qualified volunteer requirements.
567-61.11(455B) Monitoring plan required.
Volunteer
water quality monitoring data submitted to the department
must have been produced in accordance with a
departmentapproved 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/R5, 2001)
and Volunteer Monitor's Guide to Quality Assurance
Project Plans (1966, EPA 841B96003) 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.
61.11(4)
Changes in monitoring plans. The department
must approve any changes to an approved monitoring plan.
Data collected under a modified plan will not be
considered credible data until such time as the department
has approved the modifications. Modifications to an
approved plan should be submitted at the earliest possible
time to avoid interruptions in data collection and to ensure
continuity of data.
61.11(5)
Appeal of disapproval. If a monitoring plan
submitted for approval is disapproved, the decision may be
appealed by filing an appeal with the director within 30
days of disapproval. The form of the notice of appeal and
appeal procedures are governed by 567-Chapter 7.
567-61.12(455B) Use of volunteer monitoring data.
Data produced under an approved water quality monitoring
plan will be considered credible data for the purposes listed
in Iowa Code section 455B.194 if the following conditions
are met.
61.12(1)
Data submittal. A volunteer monitor or
monitoring group must specifically request that data
produced under an approved volunteer monitoring plan be
considered credible data. A letter identifying the specific
data must be submitted along with a certification from the
volunteer or the person in responsible charge for volunteer
groups that the data, to the best of the volunteer's or
responsible person's knowledge, was produced in
accordance with the approved volunteer monitoring plan.
The department's volunteer coordinator should be
contacted to determine the data submittal format and
related information. The departmentencourages volunteers
to enter monitoring data on theIOWATER volunteer
monitoring database maintained by the department, but
doing so does not constitute submittal to or acceptance of
the data by the department for uses requiring credible data.
61.12(2)
Department review of submitted data. The
department must review and approve the submitted data.
The person submitting the data will be informed of the
department's decision either to accept or reject the data.
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The department will attempt to resolve any apparent
inconsistencies or questionable values in the submitted data
prior to making a final decision.
567-61.13(455B) Department audits of volunteer
monitoring activities.
The department may conduct field
audits of volunteer data collection and analysis procedures
from time to time to ensure compliance with an approved
plan and may conduct confirmatory monitoring tests.
Volunteers will be informed of any audit results and be
provided with an opportunity to address any concerns to
the extent possible. The department reserves the right to
rescind approval of an approved plan if it finds substantial
problems that cannot be addressed in a timely manner to
ensure the quality of the data being produced.
These rules are intended to implement Iowa Code
chapter 455B, division III, part 1.