Proposed Rules

The following documents are in Adobe Acrobat (.pdf) format.  You will need the Adobe Acrobat Reader installed on your computer to view the Administrative Rules. Click on the icon at the bottom of this screen to download Acrobat Reader.

Proposed Administrative Rules (Posted May 27, 2009)

Amendments to Chapter 134, “Underground Storage Tank Licensing and Certification Programs”

The Department presented these rules for adoption and filing by the Commission at the May 19, 2009 EPC  meeting. The Commission decided to delay a decision on the rule until the June 16, 2009 meeting.  The Commission wishes further input from stakeholders regarding why suspected releases should not be held to the same reporting requirements as confirmed releases.  The matter will be taken up at the June EPC meeting.

In summary these rules outline the duties and training requirements for professionals who are licensed by the DNR to conduct UST work in Iowa.  The key changes are: required licensing of those people who remove tanks; soil and groundwater sampling at UST closures be conducted by a certified groundwater professional; required insurance liability coverage of $1,000,000; required inspections at UST installations; increase in licensing fee to $200 biennially; expanded reciprocity criteria for training and exams; adds duty for UST professionals to report confirmed releases; adds cathodic protection tester training requirements; and conflict of interest provisions.

Proposed Administrative Rules (Posted April 01, 2009)

Amendments to Chapter 134, “Underground Storage Tank Licensing and Certification Programs”

The proposed amendments rescind rules 567—134.18(455B) to 567—134.28(455B) and adopt new rules 567—134.18(455B) to 567—134.29(455B) in Part C of 567—Chapter 134. In addition, the proposed amendments revise the title of Part C and amend definitions and add new definitions to rule 567—134.17(455B).

Pursuant to 2007 Iowa Acts, Senate File 499, section 10, the Environmental Protection Commission (Commission) adopted by emergency rule making in ARC 6073B [IAB 8/1/07] the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board (Board) rules in 591—Chapter 15. The rules in 591—Chapter 15 were rescinded by the Board in ARC 6165B, effective August 15, 2007. The rules pertain to the licensing of underground storage tank (UST) installers, installation inspectors, testers, and liners. Pursuant to 2007 Iowa Acts, Senate File 499, the Board’s licensing authority was transferred to the Commission, and the emergency rule making effectuated that transition.

No substantive changes were made to the rules during the emergency rule making. However, 2007 Iowa Acts, Senate File 499, section 6, authorizes the Commission to expand the UST professional licensing scheme to include adding a licensing program for individuals providing services for permanent closure of UST systems (removers). Therefore, the Commission proposes to amend the rules accordingly. The amendments:

• Add a licensing scheme for UST removers and require that soil and groundwater sampling at the time of UST closure be performed by a certified groundwater professional.
• Raise the required insurance liability coverage for UST professionals from $250,000 to $1 million. This coverage amount was required by legislation in 2007 and reflects the industry standard.
• Clarify the type of work that must be performed by a licensed professional from that performed by service technicians and clarify when an installation inspection is required.
• Add a requirement for installation inspections using a Department-authorized checklist with submittal for review.
• Increase the license fee for companies and individuals to $200 biennially. Currently the fee is $50 per year.
• Expand the reciprocity criteria to recognize training and examinations from other states or equipment manufacturers on the basis of Department approval.
• Include a requirement for UST professionals to report suspected and confirmed releases.

Currently only the UST owner/operator must report. 

• Clarify conflict-of-interest activities.
• Provide that a cathodic protection tester must be trained and maintain certification with the National Association of Corrosion Engineers (NACE), the Steel Tank Institute (STI) or equivalent certification approved by the Department.

Also, please reference the documents below for requirements on reporting releases and suspected releases.

Any interested person may make written suggestions or comments on the proposed amendments on or before April 9, 2009. Such written materials should be directed to Tom Collins, Underground Storage Tank Section, Department of Natural Resources, 502 East Ninth Street, Des Moines, Iowa 50319-0034; fax (515)281-8895; or E-mail tom.collins@dnr.iowa.gov

Three public hearings will be held at the following times and locations, at which time persons may present their views either orally or in writing.

April 2, 2009     1 p.m.              Wallace State Office Building
                                                            Fifth Floor West Conference Room
                                                            502 E. 9th Street, Des Moines

April 6, 2009     1 p.m.              Coralville Public Library
                                                           Meeting Room B
                                                           1401 5th Street, Coralville

April 7, 2009     1 p.m.               Denison Public Meeting Room
                                                            111 N. Main Street, Denison

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department of Natural Resources and advise of specific needs.