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).

1 Anticipated Rulemakings

Please note: these are rules that have not yet been presented to the EPC for review.

Chapters 567 IAC 100 and 122 – Cathode Ray Tube Recycling

This proposed rule making reduces and simplifies Iowa’s CRT regulations by focusing on federal regulations found at 40 CFR Parts 260 and 261. The federal rules focus on the proper storage of CRTs and on the tracking of CRT recycling. This structure will more effectively prevent the speculative accumulation of CRTs compared to Iowa’s current rules. Preventing the unlawful speculative accumulation of CRTs will be more protective of human health and the environment than cleaning up stockpiles after the fact.

Notably, the proposed rule removes two current state requirements that are unnecessarily burdensome or redundant. First, the proposed rule strikes the requirement that CRT recyclers carry financial assurance.  The proposed rule’s structure on more detailed tracking and reporting coupled with heightened standards on storage will more effectively prevent any speculative accumulation from occurring, rendering financial assurance unnecessary.  Second, the proposed rule strikes all requirements related to batteries, circuit boards, mercury-containing components, and PCB capacitors.  These components are not typically found in CRTs and are governed by other federal hazardous and universal waste regulations.

2 Active Rulemakings

None at this time.

3 Final Rules

Amendments to 567 IAC Chapters 116 and 117

Chapters 116 and 117 collectively establish standards for the proper management of waste tires. Specifically, the rules set forth requirements for disposal, collection, storage, processing, and the beneficial use of waste tires. They also require permits, the registration of waste tire haulers, and dictate certain industry fees.

The purpose of this rule making is to align Chapters 116 and 117 with their recently-amended authorizing statutes in Iowa code sections 455d.11a(5) and 11i(6).2021 Iowa acts, House File 560 (signed by Governor Reynolds on March 22, 2021) made several substantive changes to the waste tire program. The following amendments are proposed, consistent with this legislation:

  • Removed pre-1998 financial assurance requirements;
  • Increased the amount of financial assurance from $0.85 to $2.50 for each tire stored by a waste tire collector and for each tire held for more than three days by a waste tire processor; and
  • Changed the bond amount required for waste tire haulers from $10,000 to $150,000.

Recession of 567 IAC Chapter 215 Mercury-Added Switch Recovery From End-Of-Life Vehicles

This proposed rulemaking rescinds and reserves Chapter 215. The mercury-free recycling act, passed in 2006, required auto manufacturers to implement and fund a system to recover mercury switches from scrap vehicles before they were crushed or shredded for recycling. Mercury switches were used in convenience lighting (hood and trunk lights) in vehicles as recently as 2002. The mercury-free recycling act included a sunset date of July 1, 2020, based on the expectation that the vast majority of vehicles containing the switches would be scrapped by then. The sunset deadline was not extended by the legislature. As such, the commission no longer has the authority to enforce this program. Accordingly, the rules must be rescinded.