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The Administrative Procedures Act, Iowa Code chapter 17A, requires all state agencies to promulgate rules for the operation of their programs. The rulemaking process increases agencies’ accountability to the public, allows public participation in the formulation of rules, and provides legislative oversight for program operations. Below are the recent rulemaking activities that are being considered, have been proposed or are in the process of being adopted by the DNR for the chapters administered by the Solid Waste section and the Financial and Business Assistance section. Many of these proposals are a direct result of the comprehensive five year rule review required by 17A.7(2).
DNR Contact Chad Stobbe 515-725-8351 Chad.Stobbe@dnr.iowa.gov
Please note: These are rules that have not yet been presented to the EPC for review.
The Iowa Department of Natural Resources’ Land Quality Bureau is considering rule changes to 565 IAC chapter 51; Oil, Gas and Metallic Minerals. The rule changes are necessitated by the recent enactment of legislation moving the Office of the State Geologist away from the DNR and under the jurisdiction of the Regents of the State University of Iowa in Iowa City. See 2018 Iowa Acts, House File 2303, signed by Governor Reynolds on March 21, 2018. While the state geologist no longer resides within the DNR, the DNR maintains jurisdiction over the state’s oil, gas and mineral drilling programs. As such, these revisions are intended to clarify that applications for permits to drill, approval of permits, and program oversight remain with the DNR. Other minor changes are incorporated as well.
Chapter 565-51 Draft Changes
Any comments concerning this initial, informal proposal should be directed by email to David Scott in DNR’s legal services bureau at email@example.com. DNR requests that any comments be provided by 4:30 pm, Friday, May 11, 2018.
None at this time
The Environmental Protection Commission has amended Chapter 111, “Annual Reports of Solid Waste Environmental Management Systems,” Iowa Administrative Code. This rule making is adopted under the authority provided in Iowa Code section 455J.4(2). The rule making implements, in whole or in part, Iowa Code chapter 455J.
Many of the amendments are necessary to conform Chapter 111 to 2017 Iowa Acts, House File 202, signed by Governor Branstad on April 12, 2017. House File 202 amended the Iowa Code chapter related to environmental management systems, Iowa Code chapter 455J. This legislation removed the Solid Waste Alternatives Program Advisory Council (council) from Iowa Code chapter 455J. This council had been vital in the oversight of the establishment of the environmental management systems program; however, once the program was established, it was determined that the council was no longer necessary. House File 202 shifted the duties of the council to the Department of Natural Resources. This legislation also changed the due date by which the Department of Natural Resources must review the annual report submitted by each designated system to determine if that system remains in compliance with Iowa Code chapter 455J (formerly the council’s duty). The amendments implement these changes from House File 202. The amendments also reformat and clarify the required annual report submittal information.
This rulemaking was adopted and filed ARC 3736C April 11, 2018. The Effective Date of the Adopted Rule Making is May 16, 2018.