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.

2 Active Rulemakings

None at this time.

3 Final Rules

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.