Rulemaking Actions

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).

Current Rulemakings

Legislation passed during the 2016 legislative session (Senate File 2181) was signed by Governor Branstad into law on March 23, 2016. SF 2181 impacted several Administrative Rules as they pertain to Household Hazardous Materials programs. In response to the changes in Iowa Code 455E and 455F, the Department is proposing administrative rule revisions to IAC 567 chapters 123, 144, 211 and 214.

Below is a brief summary of the administrative rule revisions to chapters 123, 144, 211 and 214.

IAC 567-144 Household Hazardous Materials is proposed to be rescinded. SF 2181 removed requirements for retailers selling household hazardous materials (HHMs) to prominently display consumer education booklets and bulletins developed by the DNR as part of the Retailers Consumer Education Program. The DNR will continue to provide household hazardous materials education as required in Iowa Code 455F.9. This will be accomplished through posting of education materials to the DNR website and continue to provide retailers selling HHMs with consumer education materials upon request. Iowa Code 455F.9 retained the requirement for retailers selling HHMs to provide consumers education materials upon request.

Chapter 144 - Proposed Rescind

Chapter 144 - Proposed Rescind

IAC 567-123 Regional Collection Centers and Satellite Facilities contains several revisions to update terminology, remove rules that are no longer applicable, removes unnecessary rules that can be accomplished through DNR established standards, and facility planning documents and updates financial assurance and licensing requirements. It also proposes to remove all references to Mobile Unit Collection and Consolidation Centers (MUCCCs).

Chapter 123 - Proposed Rule Revisions

Chapter 123 - Proposed Rule Revisions

Draft Standards for Regional Collection Centers and Satellite Facilities

IAC 567-211 Financial Assistance for the Collection of Household Hazardous Materials (HHMs) and Hazardous Waste from Conditionally Exempt Small Quantity Generators is proposed to reflect EPA’s nomenclature change to very small quantity generators (VSQG), removing references to MUCCCs, broadens the types of financial assistance to Regional Collection Centers (RCCs) and reaffirms the parameters of HHM management, including collection and disposal funding assistance.

Chapter 211 - Proposed Rule Revisions

Chapter 211 - Proposed Rule Revisions

IAC 567-214 Household Hazardous Materials Program is proposed to be rescinded. Funding for toxic cleanup days (TCD) was repealed by SF 2181. Chapter 214 establishes criteria for selection of TCD event hosts, conducting TCD events, and selection of a hazardous waste contractor to serve TCD events. This Chapter also provides for HHM education grants in conjunction with TCD events. The DNR will continue to provide citizens information regarding potential health and safety and environmental impacts linked to household hazardous materials as required in 455F.9 and provide HHM grant opportunities as funding is available.

Chapter 214 - Proposed Rescind

Chapter 214 - Proposed Rescind

Please submit written comments to the following by January 20, 2017:

Kathleen Hennings
Iowa DNR, Land Quality Bureau
502 East 9th Street
Des Moines IA 50319-0034
Or by email to: kathleen.hennings@dnr.iowa.gov

None at this time