Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 61 - Water Quality Standards › Rule 567-61.2 - General Considerations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policy statement.
It shall be the policy of the commission to
				protect and enhance the quality of all the waters of the state. In the
				furtherance of this policy it will attempt to prevent and abate the pollution
				of all waters to the fullest extent possible consistent with statutory and
				technological limitations. This policy shall apply to all point and nonpoint
				sources of pollution.
These water quality standards establish selected criteria for
				  certain present and future designated uses of the surface waters of the state.
				  The standards establish the areas where these uses are to be protected and
				  provide minimum criteria for waterways having nondesignated uses as well. Many
				  surface waters are designated for more than one use. In these cases the more
				  stringent criteria shall govern for each parameter.
Certain of the criteria are in narrative form without numeric
				  limitations. In applying such narrative standards, decisions will be based on
				  the U.S. Environmental Protection Agency's methodology described in "Guidelines
				  for Deriving Numerical National Water Quality Criteria for the Protection of
				  Aquatic Organisms and Their Uses," (1985) and on the rationale contained in
				  "Quality Criteria for Water," published by the U.S. Environmental Protection
				  Agency (1977), as updated by supplemental Section 304 (of the Act) Ambient
				  Water Quality Criteria documents. To provide human health criteria for
				  parameters not having numerical values listed in 61.3(3) Table 1, the required
				  criteria will be based on the rationale contained in these EPA criteria
				  documents. The human health criterion considered will be the value associated
				  with the consumption of fish flesh and a risk factor of
				  10-5for carcinogenic parameters. For noncarcinogenic
				  parameters, the recommended EPA criterion will be selected. For Class C water,
				  the EPA criteria for fish and water consumption will be selected using the same
				  considerations for carcinogenic and noncarcinogenic parameters as noted
				  above.
All methods of sample collection, preservation, and analysis
				  used in applying any of the rules in these standards shall be in accord with
				  those prescribed in 567-Chapter 63.
(2)
Antidegradation policy.
It is the policy of the state of Iowa that:
a.
				Tier 1 protection. Existing surface water uses and the level of water quality
				necessary to protect the existing uses will be maintained and
				protected.
b. Tier 2 protection.
				Where the quality of the waters exceeds levels necessary to support propagation
				of fish, shellfish, and wildlife and recreation in and on the water, that
				quality shall be maintained and protected unless the department finds, after
				full satisfaction of the intergovernmental coordination and public
				participation provisions, that allowing lower water quality is necessary to
				accommodate important economic or social development in the area in which the
				waters are located. In allowing such degradation or lower water quality, the
				department shall ensure water quality adequate to protect existing uses fully.
				Further, the department shall ensure the highest statutory and regulatory
				requirements for all new and existing point sources and all cost-effective and
				reasonable best management practices for nonpoint source control before
				allowing any lowering of water quality.
c. Tier 2½ protection-outstanding Iowa
				waters. Where high quality waters constitute an outstanding state resource,
				such as waters of exceptional recreational or ecological significance, that
				water quality shall be maintained and protected.
d. Tier 3 protection-outstanding national
				resource waters. Where high quality waters constitute an outstanding national
				resource, such as waters of national and state parks and wildlife refuges and
				waters of exceptional recreational or ecological significance, that water
				quality shall be maintained and protected. Any proposed activity that would
				result in a permanent new or expanded source of pollutants in an outstanding
				national resource water is prohibited.
e. Rescinded IAB 8/31/16, effective
				8/12/16.
f. All unapproved facility
				plans for new or expanded construction permits, except for construction permits
				issued for nondischarging facilities, shall undergo an antidegradation review
				if degradation is likely in the receiving water or downstream waters following
				February 17, 2010.
g. This policy
				shall be applied in conjunction with water quality certification review
				pursuant to Section 401 of the Act. In the event that activities are
				specifically exempted from flood plain development permits or any other permits
				issued by this department in 567-Chapters 70, 71, and 72, the activity will be
				considered consistent with this policy. Other activities not otherwise exempted
				will be subject to 567-Chapters 70, 71, and 72 and this policy.