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Chapter 455B - Jurisdiction of Department of Natural Resources
The Underground Storage Tank (UST) section is governed by the Iowa Administrative Code (IAC).
Chapter 134 is divided into Parts A (Certification of Groundwater Professionals), B (Certification of UST compliance Inspectors), and C (Licensing of UST Professionals) to aid the reader in finding these specific sections.
Chapter(s) involved: 567 IAC Chapter 134 - Underground Storage Tank Licensing and Certification Programs; 567 IAC Chapter 135- Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, and 567 IAC Chapter 136 - Financial Responsibility for Underground Storage Tanks.
The proposed state regulations represent a significant change to current UST rules. The DNR worked with stakeholders to develop state regulations consistent with the 2015 federal rules. You can view the revised federal rules along with rule summary, history and other resources on EPA’s website. Iowa’s existing UST rules are in effect until the proposed state rule changes are adopted. EPA, however, has indicated the first round of testing is due October 13, 2021.
March 2021 UPDATE: In November, the Environmental Protection Commission (EPC) approved moving forward with formal rule making. The notice was published in the Administration Bulletin - [ARC 5316C].Public hearings were held January 6, 7, and 8, 2021.In response to comments provided during the hearings, as well as submitted written comments, the Department made several additional changes to the proposed rule.The Public Participation Responsiveness Summary details the comments from the public and DNR’s response, and itemizes the newest changes to rule. The Adopted and Filed rule will be presented for approval at the April 20th EPC meeting. The effective date of the rule, if approved by the EPC in April, is estimated to be June 23, 2021.
What UST Facilities need to test by October 13, 2021? All UST facilities must have their first spill containment testing, overfill prevention inspection, and leak detection system test completed by October 13, 2021. UST facilities with tanks and piping installed after November 28, 2007 must use interstitial monitoring as the primary method of leak detection. Containment sumps (tank top sumps, under dispenser containments, and transition sumps) used for interstitial monitoring must be tested by October 13, 2021.
30 day walkthrough inspections and annual walkthrough inspections will become effective upon rule adoption (i.e, the first 30 day walkthrough inspection must be completed within 30 days of rule adoption; the first annual inspection must be completed within one year of rule adoption). Owners should maintain documentation of the walkthrough inspections on site and make them available upon request, and for biennial compliance inspections. The Department is in the process of revising the walkthrough inspection forms – once finalized, these will be posted and distributed.
What does State Program Approval (SPA) mean? Federal law allows the EPA to approve state programs to operate in place of the federal requirements if those state programs have standards that are no less stringent than the federal requirements and provide adequate enforcement of compliance with those standards. Iowa has delegated authority to oversee UST regulations in Iowa through EPA's State Program Approval (SPA) process. But because EPA adopted new rules for USTs in 2015, Iowa must also adopt equivalent regulations, as well as reapply for SPA in order to maintain oversight authority. Iowa is in the process of reapplying for SPA.
In the meantime, Iowa's existing UST regulations are what UST owners must comply with until the proposed state rules are adopted.The 2015 EPA federal regulations are NOT in effect in Iowa, however all facilities must complete their first round of testing by October 13, 2021.
We appreciate your patience and input on this effort.