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

The DNR is considering revisions to several administrative rule chapters related to solid waste. This regulatory action will remove redundant and outdated rules as well as organize general solid waste rules into a single chapter to make the administrative code more intuitive to navigate for the regulated community

567 chapter 100 Scope of Title – Definitions

This chapter will be limited to definitions and general conditions of solid waste disposal. As other solid waste chapters are updated, definitions from those chapters will be moved to chapter 100.

567 chapter 102  Permit and Rules of Practice

  • Add 567-100.5 “Disruption and excavation of sanitary landfills or closed dumps
  • Add Operator Certification to the end of the chapter

567 chapter 104 Sanitary Disposal Projects with Processing Facilities

  • Move operator certification to 567-102
  • Rescind and reserve chapter

Rule 567- 114.29 Operator certification and Rule 567-115.29 Operator certification

All references to incinerators will be removed from these two rules.

567 Chapter 120 Landfarming of Petroleum Contaminated Soil

Multiuse landfarm permits will be removed. This will simplify the chapter without compromising protection of the environment and still allow for the remediation of petroleum contaminated soil. Other minor changes to the application process will make administration of the program more efficient.

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.