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IAC 567-144 Household Hazardous Materials is proposed to be rescinded.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

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Collection Centers and Satellite Facilities contains several revisions to update terminology, remove rules that are no longer applicable, removes unnecessary rules that can be accomplished through DNR established standards, and facility planning documents and updates financial assurance and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

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

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

Written comments may be submitted to:

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

Solid Waste Comprehensive Planning Requirements

Chapter(s) involved: 567 IAC 101 Solid Waste Comprehensive Planning Requirements, 567 IAC 100 Scope of Title - Definitions - Forms - Rules of Practice, 567 IAC 111 Annual Reports of Solid Waste Environmental Management Systems

Major provisions:

  • Rescind the state’s waste management hierarchy in 567 IAC 101.3 and replace all references to 567 IAC 101.3 with a reference to the waste management hierarchy in Iowa Code 455B.301A;
  • Remove requirements for planning areas that fail to meet the 25% waste reduction goal because the enabling legislation was rescinded during the 2014 legislative session;
  • Remove the waiver to exempt waste generated during a declared disaster from the tonnage fee because the legislation establishing the tonnage fee does not allow for this exemption
  • Reduce planning area reporting requirements by removing the Municipal Solid Waste Recycling Survey and Online Survey
  • Recognize the annual reports required for planning areas designated as Environmental Management Systems (EMS) as meeting the comprehensive plan update requirements.
  • Unused definitions will be removed and the remaining definitions will be moved to 567 IAC 100
  • Outdated references to the Iowa Code will be corrected

Status: 

The Notice of Intended Action (NOIA) has been approved Environmental Protection Commission (EPC). The DNR is accepting written comments through August 9, 2016 and will hold a public hearing on August 9, at 1:00 pm in the Fifth Floor East Conference Room of the Wallace Building.

Written comments may be submitted to:

Leslie Goldsmith
Iowa DNR, Land Quality Bureau
502 East 9th Street
Des Moines IA 50319-0034
Or by email to: leslie.goldsmith@dnr.iowa.gov

Links to additional information or documents:

Contact:
Leslie Goldsmith
515-725-8319
Leslie.Goldsmith@dnr.iowa.gov

Disposal of Yard Waste

Chapter(s) involved: 567 IAC 105.1(3) and (4) and 567 IAC 113.8(1)“b”(13)

Major provisions:

The changes will allow yard waste to be disposed in a sanitary landfill in the following circumstances:

  • When yard waste is collected for disposal as a result of a severe storm and the yard waste originates in an area declared to be a disaster area.
  • When yard waste is collected for disposal to control, eradicate or prevent the spread of insect pests, tree and plant diseases, or invasive plant species.
  • When yard waste is disposed of in a sanitary landfill that operates a methane collection system that produces energy.

The proposed changes will also remove the requirement for municipalities that provide for the collection of solid waste to also provide for separate collection of yard waste.

The exemptions to the prohibition of yard waste disposal were added to Iowa Code section 455D.9(1) in 2014 and 2015. The requirement for municipalities to provide separate collection of yard waste was removed from Iowa Code section 455D.9(2) in 2013. These changes to the administrative rules are needed to be consistent with Iowa Code.

Status:

The Notice of Intended Action (NOIA) has been approved Environmental Protection Commission (EPC). The DNR is accepting written comments through June 14, 2016 and will hold a public hearing on June 14, at 10:00 am in the Fifth Floor East Conference Room of the Wallace Building.

Written comments may be submitted to:

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

Links to additional information or documents:

Contact:
Theresa Stiner
515-725-8315
Theresa.Stiner@dnr.iowa.gov