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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 our 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.
December 2020 UPDATE: Below are the most recent versions of the proposed rules. Few revisions were made since last posted in January 2020. Changes were only made to Chapter 134, more specifically to compliance inspector certification and tester responsibilities. These recent revisions are highlighted in green. [Yellow highlights the original proposed changes; blue highlights those revisions made in 2019.]
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 CommentAny interested person may submit written comments concerning this proposed rule making. Written comments must be received by the DNR no later than 4:30 p.m. on January 8, 2021. Comments should be directed to:
James GastineauIDNRWallace State Office Building502 East Ninth StreetDes Moines, Iowa 50319
Public HearingsPublic hearings (via conference call) have been scheduled where individuals may present their views specific to this proposed rule making:
Conference call-in number: (US) +1 617-675-4444 PIN: 223 266 766 9724#
Persons who wish to make comments at the conference call public hearing must submit a request to James Gastineau prior to the hearing to facilitate an orderly hearing. The hearings will be recorded. Any persons who intend to attend the hearing and have special requirements, such as those related to hearing impairments, should contact the Department in advance and advise of specific needs.
What UST Facilities need to test by October 13, 2021? All UST facilities must have their first spill containment testing, overfill prevention testing, 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. This testing must be conducted by an Iowa licensed UST Professional.
Walkthrough Inspections30 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). DNR created a 30 day walkthrough inspection form. Owners/Operators may begin conducting them voluntarily. Owners should maintain documentation of the walkthrough inspections on site and make them available upon request.
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.
What additional steps are needed for before the rule becomes final? In November, the Environmental Protection Commission (EPC) approved moving forward with formal rule making. Public hearings have been scheduled, where DNR will take comments from the public on the proposed rules. Based on comments heard, the draft rules may be revised again. A final rule will be presented to the EPC for approval (likely at the February EPC meeting), followed by presentation of the rule before the Administrative Rules Review Committee. The effective date of the rule, if approved by EPC in February, is estimated to be mid-April 2021.
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.