Land Quality Rulemaking

General Information - Executive Order 10

Executive Order 10 (EO10) signed by the Governor on January 10, 2023, requires all state agencies to identify which administrative rule chapters will be retained or rescinded. The EO10 process includes the review of existing rule chapters, the reauthorization of rule chapters that will be retained, and public engagement with the opportunity for meaningful input throughout the process. Opportunities for public input and information for public review during the Land Quality Bureau's (LQB’s) implementation of EO10 will be posted on this webpage as they become available.

EO10 - Governor's Office

• Governor’s Office Webpage for Executive Orders 
• Executive Order 10 (EO10)

EO10 - Natural Resources

• Department of Natural Resources EO10 Resources

The Solid Waste and Financial & Business Assistance (FABA) sections developed a framework of recommended revisions and a proposed structure that was opened for comment and discussed with stakeholders in the fall of 2023. Following this framework, available chapters that are proposed to rescind/replace or rescind/consolidate/replace are listed below.

Overall Documents:

• Recommended Revisions and Proposed Structure (September 2023)
• Stakeholder Meeting Agenda (October 24, 2023)
• Stakeholder Meeting Presentation (October 24, 2023)
• Workgroups for DNR Solid Waste Rules (February 20, 2024)
• ISOSWO Spring Conference Presentation (March 14, 2024)
• Recommended Revisions and Proposed Structure (May 2024)
• Chapter Schedule (April 22, 2024)

Chapter and Division Status

Pre-Formal

The pre-formal stage of rulemaking does not have a prescribed set of steps, which allows for flexibility to work with stakeholders in a way that is appropriate for the level of complexity of the chapter and extent of anticipated changes. During this phase the DNR will work with stakeholders and the public to complete a proposed rulemaking.

In-Process Drafts

The following are currently going through internal (DNR) review prior to being posted.

• Rewriting of 567 IAC Chapter 101, division V, Solid Waste Transfer Stations. This is a proposed replacement for current 567 IAC Chapter 106. DNR staff are currently in the process of drafting proposed revisions and anticipate having a draft available for internal review by the end of August and posting on our website for external review and comment by the end of September.

Workgroup Drafts

The following is the status of drafts going through the workgroup process prior to being made available for public comment.

• The Landfill Workgroup has held two meetings to date and will hold the next meeting in August where Division I of 567 IAC Chapter 101 will be discussed. Meanwhile, the other landfill divisions (Divisions II, III, and IV) are being prepared.
• Rewriting of 567 IAC Chapter 102, division IV, Beneficial Use. This is a proposed replacement for current 567 IAC Chapter 108. The DNR has selected individuals to serve on the Beneficial Use Workgroup and anticipates holding its first meeting in October. Feedback obtained from the workgroup will guide decision-making regarding this program and proposed revisions. The goal will be to have a draft rulemaking available for internal review by the end of December and posting on our website for external review and comment by the end of January 2025.
• Rewriting of 567 IAC Chapter 105 Organic Materials Composting Facilities. The revisions are being drafted and under internal review. The draft will be presented to the Compost Workgroup in the near future.

Drafts for Public Review

The following are drafts that are open for public comment.

• 567 IAC Chapter 100 – Scope of Title, Definitions, Rules of Practice. This is a proposed replacement for current 567 IAC Chapters 100 and 102. (Public comment period – open through August 30, 2024) 
  • Scope of Title, Definitions, Rules of Practice (Final Draft) - Crosswalk
• 567 IAC Chapter 101, division VI, Solid Waste Incinerator Operator Certification. This is a proposed replacement for the solid waste incinerator operator certification requirements within current rule 567—102.15(455B). (Public comment period – open through August 30, 2024) 
  • Solid Waste Incinerator Operator Certification (Final Draft) - Crosswalk
• 567 IAC Chapter 101, division VIII, Financial Assurance. This is a proposed replacement for the financial assurance requirements within the current sanitary landfill chapters (567 IAC Chapters 103, 113, 114 and 115) and the current solid waste transfer station chapter (567 IAC Chapter 106). (Public comment period – open through August 30, 2024) 

Formal

The steps in the formal rulemaking process are prescribed in the Administrative Procedures Act, found in Iowa code chapter 17A. This process includes review and approval by the Environmental Protection Commission and the Administrative Rules Review Committee; publication in the Administrative Bulletin, as well as public hearings and a public comment period. The newly revised rule becomes effective at the end of the formal rulemaking process.

In-Process   

These chapters are currently going through the formal rulemaking process.

• 567 IAC Chapter 102, division V, Waste Tire Management. This is a proposed replacement for 567 IAC Chapters 116 and 117. This draft rulemaking was posted for informal public review on May 15, 2024 with comments due by June 21, 2024. No comments were received by the DNR. The final proposed draft is pending formal rulemaking beginning August 2025. 
• 567 IAC Chapter 103, Financial and Operating License Requirements for Regional Collection Centers and Satellite Facilities is the proposed replacement chapter for 567 IAC Chapters 123/211 - Regional Collection Centers and Mobile Unit Collection and Consolidation Centers/Financial Assistance for the Collection of Household Hazardous Materials and Hazardous Waste from Conditionally Exempt Small Quantity Generators is pending formal rulemaking beginning August 2025. 
• 567 IAC Chapter 104, Solid Waste Comprehensive Planning and Environmental Management System Requirements is the proposed replacement chapter for 567 IAC 101/111 - Solid Waste Comprehensive Planning/Annual Reports for Solid Waste Environmental Management Systems is pending formal rulemaking beginning August 2025. 

Effective

• 567 IAC 11 - Tax Certification of Pollution Control or Recycling Property and rescission of 567 IAC 14 - Environmental Covenants, became effective on June 19, 2024.

Contacts: 

• Please use EO10_SolidWaste@dnr.iowa.gov to submit comments and questions regarding FABA and solid waste related rule chapters.
• Solid Waste: Michael Sullivan, Chad Stobbe, Theresa Stiner and Brian Rath
• FABA: Laurie Rasmus and Jennifer Wright

Solid Waste News

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Chapters 70-76 govern floodplain development and dam safety in Iowa.  Chapter 70 outlines definitions and permitting procedures, updates include landowner notifications, floodway determination, floodway development reviews and several new definitions.  Chapter 71 governs when permits are required and has been reformatted and streamlined.  Chapter 72 provides permitting criteria and includes minor cleanup.  Chapter 73 regulates dams in Iowa and is generally unmodified as it was complete updated in 2020.  It is proposed to rescind Chapter 75 that governed general floodplain establishment and floodplain management orders that is generally superseded in currently with FEMA mapping standards.  Applicable sections of Chapter 75 that are still relevant are moved into other chapters.   Chapter 76 is also proposed to be rescinded as it is no longer relevant. 

Rule Documents - Current rules, proposed changes, and clean versions of proposed changes:

• Chapter 70 Proposed
• Chapter 70 Track Changes
• Chapter 71 Proposed
• Chapter 71 Track Changes
• Chapter 72 Proposed
• Chapter 72 Track Changes
• Chapter 73 Proposed
• Chapter 73 Track Changes
• Chapter 75 Track Changes
• Chapter 76 Track Changes

Contact for Comments: 
Jonathan Garton
floodplain-help@dnr.iowa.gov