Proposed Rules

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Proposed Administrative Rules

Amendments to Chapter 134 and 135 "Operator Training and Conflict of Interest" (Posted May 20, 2009)

The Department is presenting the proposed additions to Chapters 135 and 134 to implement the EPA’s Operating Training and UST Inspections guidelines, part of the Federal Energy Policy Act of 2005, and as authorized per legislation passed in 2007 (SF 499/HF792) (Iowa Act). Also included are amendments on piping in-line catastrophic leak detection at unstaffed facilities and using certified groundwater professionals for soil and groundwater sampling when permanently closing underground storage tanks and piping.

Amendments to Chapter 134, “Underground Storage Tank Licensing and Certification Programs”  (Posted May 27, 2009)

The Department presented these rules for adoption and filing by the Commission at the May 2009 EPC  meeting. The Commission decided to delay a decision on the rule until the June 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.

Amendments to Chapter 134, “Underground Storage Tank Licensing and Certification Programs”  (Posted February 18, 2009)

At the February 17, 2009 meeting, the Environmental Protection Commission’s (EPC) approved a Notice of Intended Action to amend Chapter 134, “Underground Storage Tank Licensing and Certification Programs.”  In July, 2007, the Commission adopted the UST Fund Board's existing UST installer and installer inspector licensing rules by emergency rule making.  These amended rules are required to fully implement a licensing program applicable not only to UST installers and installer inspectors but persons who remove and test USTs.

Amendments to Chapter 135, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks"  (Posted December 18, 2007)

The Department proposes amendments to revise the current Risk Based Corrective Action (RBCA) Tier 2 software model, the evaluation of public water supply wells, codify changes to the planning process for corrective action at high risk leaking underground storage tank (LUST) sites, enforcement, and transitional rules.  These proposed amendments were derived from previous Informational Notice of Intended Actions, several stakeholder meetings, and written comments.