After a multiyear development process involving input from fuel industry representatives, UST owners, trade organizations, and the U.S. Environmental Protection Agency (EPA), revisions to the regulations for Iowa’s UST program became effective on June 23, 2021. Revisions were made to 567 IAC Chapters 134, 135, and 136 to make them consistent with the 2015 federal rules. You can view the revised federal rules along with a rule summary, history and other resources on EPA’s website. These state rule revisions were necessary for the Department to maintain its delegated state program approval (SPA) under the federal Resource Conservation and Recovery Act (RCRA).Iowa Code section 455B.474(8) directs the Commission to maintain its SPA.
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 process. But because EPA adopted new rules for USTs in 2015, Iowa had to adopt equivalent regulations, and must reapply for SPA in order to maintain oversight authority. Iowa is in the process of reapplying for SPA.
Summary of Rulemaking Process:
In November, the Environmental Protection Commission (EPC) approved moving forward with formal rulemaking. 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 was approved at the April 20th EPC meeting.
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 became effective upon rule adoption. The first 30 day walkthrough inspection and first annual inspection must be completed by October 13, 2021. The Department developed forms that owners may use to track the results of 30 day and annual walkthrough inspections.
Owners should maintain documentation of the walkthrough inspections on site and make them available upon request, and for biennial compliance inspections.