Current rule packages making their way
through the Department of Natural Resources
rule-making process
Updated 08/01/2007
AIR QUALITY
Proposed Rule: Chapters 22 and 23, Air Quality Program Rules - Updates, Revisions, and Additions. Passed by EPC on August 15, 2006.
ENERGY & WASTE MANAGEMENT
Notice of Intended Action – Ch. 103.3, 104.26, 112.31, 114.31, 115.31, 118.16, 120.13, 121.8, 122.28, 122.29 and 123.12 & to amend rules 105.14, 106.18 – Financial Assurance Requirements. Comments due March 28, 2006. Rules have not yet been adopted.
Notice of Intended Action – Amend IAC Chapter 567-11 “Tax Certification of Pollution Control or Recycling Property.” Comments due November 8, 2006.
Proposed Rule -- Amend IAC Chapter 567-11 “Tax Certification of Pollution Control or Recycling Property”
- Proposed Rule – Amend IAC 567 Chapter 118– “Discarded Appliance Demanufacturing.” Comments due October 4, 2006.
- Proposed Rule – Adopt IAC 567 Chapter 124– “Mercury Switch Recovery from End-of-Life Vehicles .” Comments due October 4, 2006.
FISHING
- Notice of Intended Action – Chapter 81, Sport Fishing Rule - Comments due September 25, 2006
- Notice of Intended Action – Chapter 82, Sport Fishing Rule - Comments due September 23, 2006
HUNTING
Final Rule – Chapter 105, Deer Population Management Zones
- Final Rule – Chapter 91, Waterfowl and Coot Hunting Seasons
- Final Rule – Chapter 99, Wild Turkey Fall Hunting by Residents
Miscellaneous
Notice of Intended Action - Chapter 67, Development and Management of Recreation Trails on State Forests, Parks, Preserves and Recreation Areas. Comments due September 19, 2006.
Final Rule—Chapter 61, State Parks and Recreation Areas
Petition For Rulemaking: East Okoboji Lake Improvement Corporation, Inc. – Dickinson County
UNDERGROUND STORAGE TANKS
- No rules currently proposed
WATER
Notice of Intended Action - Chapter 65-provisions limiting the rate of liquid manure/settled open feedlot effluent application to soybeans.
Proposed Rule – Chapter 43 – Water Supplies – Design and Operation
Proposed Rule—Rescind 567 IAC Chapter 47, Private Well Sampling, Rehabilitation, and Closure—Grants To Counties. Passed by EPC on September 19, 2006.
Proposed Rule – rescind 567-Chapter 113 “Sanitary Landfills: Municipal Solid Waste” and adopt the following new chapter in lieu thereof as 567-Chapter 113 “Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Non-Hazardous Wastes”
Proposed Rule - Chapters 68 and 69 Commercial Septic Tank Cleaners - Comments due May 17, 2006. Amended and passed by EPC on August 15, 2006.
WETLANDS
- No rules currently proposed
WILDLIFE
- Notice of Intended Action - Chapter 51 – Game Management Areas
AIR QUALITY
ENERGY & WASTE MANAGEMENT
Notice of Intended Action – Ch. 103.3, 104.26, 112.31, 114.31, 115.31, 118.16, 120.13, 121.8, 122.28, 122.29 and 123.12 & to amend rules 105.14, 106.18 – Financial Assurance Requirements
These new and amended rules are intended to fully implement the financial assurance requirements for all sanitary landfills as required by Iowa Code sections 455B.304(8) and 455B.306(8).
A public hearing was held March 28, 2006.
In 1986, the Code of Iowa was amended to require financial assurance requirements for all sanitary disposal projects. Financial assurance requirements for municipal solid waste landfills were adopted by the commission in 1994 (Chapter 111). Since 2002, financial assurance requirements have been adopted for composting facilities (Chapter 105) and transfer stations (Chapter 106). This rulemaking is intended to implement the statutorily required financial assurance requirements for the remaining categories of sanitary disposal projects. The proposed rules are based upon the existing rules for municipal solid waste landfills, composting facilities, and transfer stations.
The proposed rules apply to coal combustion residue landfills, solid waste processing facilities, solid waste composting facilities, solid waste transfer stations, biosolids monofill sanitary landfills, construction and demolition waste landfills, appliance demanufacturing facilities, persons engaged in the permitted land application of solid wastes and petroleum contaminated soils, cathode ray tube collection facilities, and household hazardous waste regional collection centers. Exceptions to the new financial assurance requirements are proposed for facilities to which the current financial assurance requirements are applicable.
Financial assurance mechanisms should already be in place for such facilities.
Notice of Intended Action – Amend IAC Chapter 567-11 “Tax Certification of Pollution Control or Recycling Property”
A public hearing will be held November 8, 2006 at 1:00 P.M. in the fifth floor east conference room of the Wallace State Office Building, 502 East Ninth Street, Des Moines.
Written materials should be directed to Jeff Geerts, Energy & Waste Management Bureau, Iowa Department of Natural Resources, 502 E. 9th St., Des Moines, Iowa 50319-0034; fax (515) 281-8895. Persons wishing to convey their views orally should contact Jeff Geerts at (515) 281-8176 or at the Wallace State Office Building.
Legislative changes in 2006 expanded the scope of Iowa’s recycling property tax exemption. Prior to this legislation, Iowa companies processing wastepaper products, waste paperboard, waste plastic, or waste wood into a new raw material or product could receive a property tax exemption. The new legislation expanded the property tax exemption by amending the definition of recycling property to include property used to convert waste glass products into new raw materials or products.
The proposed amendments reflect the expansion of the property tax exemption to include property used to process waste glass products and include removal of an out-of-date reference to the Department of Water, Air, and Waste Management.
Proposed Rule -- Amend IAC Chapter 567-11 “Tax Certification of Pollution Control or Recycling Property”
Legislative changes in 2006 expanded the scope of Iowa’s recycling property tax exemption. Prior to this legislation, Iowa companies processing wastepaper products, waste paperboard, waste plastic, or waste wood into a new raw material or product could receive a property tax exemption. The new legislation expanded the property tax exemption by amending the definition of recycling property to include property used to convert waste glass products into new raw materials or products.
The proposed amendments reflect the expansion of the property tax exemption to include property used to process waste glass products and include removal of an out-of-date reference to the Department of Water, Air, and Waste Management.
The commission will be requested to approve this Notice of Intended Action at its September meeting.
Proposed Rule – Amend IAC 567 Chapter 118– “Discarded Appliance Demanufacturing”
Any interested person may make written suggestions or comments pertaining to the
proposed rule revisions on or before October 4, 2006. Written materials should be directed to Theresa Stiner, Energy & Waste Management Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Wallace State Office Building, Des Moines, IA 50319-0034; fax (515) 281-8646 or Theresa.Stiner@dnr.state.ia.us. Persons wishing to convey their views orally should contact Theresa Stiner at (515) 281-8646.
This proposed rule revision will improve the department’s ability to ensure that hazardous materials from appliances are being handled in an environmentally sound manner by revising the record keeping and annual reporting requirements, easing storage time limits on PCB articles that are disposed of through a Regional Collection Center, and incorporating federal requirements. The chapter has also been reformatted to be consistent with other chapters and to improve readability.
The annual reports are intended to verify that the demanufacturer is removing refrigerant, PCBs and mercury switches. Currently, the annual reports only include the amounts or mercury, refrigerant and PCBs shipped for disposal and the total weight of demanufactured appliances shipped to a recycler. It does not include the amount of hazardous materials removed from appliances but are stored on site waiting disposal or the number or type of appliances demanufactured making it very difficult for the department to determine if a reasonable amount of refrigerant, PCBs and mercury switches are being removed from the appliances. The new record keeping and reporting requirements will include the actual number of appliances demanufactured by type and the number of PCB capacitors, mercury devices and amount of refrigerant and removed each year. This will enable the department to make a correlation between the number and type of appliances being demanufactured and the amount of material recovered.
Currently PCBs must be disposed of by incineration, recycling or another approved method within one year of removal from the appliance. Because most appliance demanufacturers recover very small quantities of PCB capacitors, it is often costly to dispose of the capacitors within this time frame. The proposed change will allow Regional Collection Centers that accept PCB capacitors from appliance demanufacturers to dispose of the capacitors within one year of receiving it from the demanufacturer rather than with in one year of when the demanufacturer removed it from the appliance.
There are also a number of changes to reflect changes in federal regulations and to better incorporate federal regulations.
Proposed Rule – Adopt IAC 567 Chapter 124 – “Mercury Switch Recovery from End-of-Life Vehicles ”
Any interested person may make written suggestions or comments pertaining to the
proposed rule revisions on or before October 4, 2006. Written materials should be directed to Theresa Stiner, Energy & Waste Management Bureau, Iowa Department of Natural Resources, 502 East 9th Street, Wallace State Office Building, Des Moines, IA 50319-0034; fax (515) 281-8646 or Theresa.Stiner@dnr.state.ia.us. Persons wishing to convey their views orally should contact Theresa Stiner at (515) 281-8646.
This rulemaking is in response to House File 2362, Mercury Free Recycling Act, passed by the 2006 Iowa Legislature. The proposed rule is taken directly from the legislation that was passed with only minor formatting changes.
Mercury switches were used in convenience lighting in vehicles as recently as 2002. If the mercury switches are not removed when the vehicle is retired, the mercury will be released to the environment when the metal is recycled. The Mercury-Free Recycling Act requires auto manufacturers to implement a system to recover at least 90% mercury switches from end-of-life vehicles. Manufacturers will submit a plan to the Environmental Protection Commission (EPC) by September 30, 2006 detailing how they will implement , operate and maintain the collection system. Manufacturers are responsible for all of the costs of the system including labor to remove the switches, packaging, shipping, recycling or disposal, training for program participants and public education.
The Mercury Free Recycling Act includes a provision that will repeal the act if a national agreement is reached that has a 90% target recovery rate and a funding mechanism that provides for the total cost of the program. Although a national agreement is being discussed, it has not yet been finalized.
FISHING
- Notice of Intended Action – Chapter 81, Sport Fishing Rule
The proposed amendments modify length limit regulations for walleye at some lakes, lower the minimum length limit for largemouth bass at Green Valley Lake, and remove the daily bag limit and size restriction for hybrid striped bass in Big Creek Lake.
Any interested person may make written suggestions or comments on the proposed amendments on or before September 25, 2006. Such written materials should be directed to Marion Conover, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa, 50319-0034; fax (515) 281-6794. Persons who wish to convey their views orally should contact the Fisheries Bureau at (515) 281-5208 or at the Bureau offices on the fourth floor of the Wallace State Office Building.
There will be two public hearings as follows:
September 22, 2006, 1:00 p.m., Wallace State Office Building, Fourth Floor Conference Room, 502 East 9th Street, Des Moines, IA
September 25, 2006, 7:00 p.m. Clay County Conservation Board, Oneota Cabin, 420 10th Avenue SE, Spencer, IA
At the public hearings persons may present their views either orally or in writing. At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who intends to attend a public hearing and has special requirements such as those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.
A 17-inch to 22-inch protected slot length limit replaces the minimum length of 14 and 15 inches at the Iowa Great Lakes and Storm Lake respectively. Walleye less than 17 inches and greater than 22 inches may be harvested with no more than one walleye greater than 22 inches permitted per day. The daily bag limit remains at three fish. The proposed length limit changes would increase brood stock density (fish over 17 inches), increase angler harvest by 20 - 40 percent, and decrease hooking mortality. The 15-inch length limit at Viking Lake is removed as the lake fishery will be renovated this fall.
The 22-inch minimum length limit at Green Valley Lake would be lowered to the standard statewide limit of 15 inches. The fish population at Green Valley Lake is in transition with a growing carp and yellow bass population. Renovation of the fishery is projected in 2008.
Growth of hybrid striped bass (wipers) in Big Creek Lake has been extremely slow. The daily bag and possession limit and minimum size limit is being removed.
- Notice of Intended Action – Chapter 82, Sport Fishing Rule
There will be three public hearings as follows:
March 28, 2006, 7:00 p.m., Municipal Building 502 South First Street, Guttenberg, IA
March 29, 2006, 7:00 p.m., Clinton County Administration Building, Conference Room D, 1900 North Third Street, Clinton, IA
March 30, 2006, 7:00 p.m., Starr’s Cave Nature Center, 11629 Starr’s Cave Park Road, Burlington, IA
Comments due September 23, 2006 to Marion Conover, Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa, 50319-0034; fax (515) 281-6794. Persons who wish to convey their views orally should contact the Fisheries Bureau at (515) 281-5208 or at the Bureau offices on the fourth floor of the Wallace State Office Building.
The proposed amendments are directed at conserving the shovelnose sturgeon and include establishment of size harvest and season restrictions along with a requirement to leave the fish intact until the fish reaches the final processing facility. Over exploitation of traditional sources of the world supply of caviar has driven up the recent demand for shovelnose sturgeon roe or eggs. The first reported harvest of sturgeon roe by licensed commercial fishers occurred in 2004 with a reported harvest of 3,152 pounds valued raw at $126,000 ($40/lb.). The 2005 reported harvest was 3,518 pounds valued at $158,000 ($45/lb.).
Shovelnose sturgeon are slow growing late maturing fish which spawn every three years rather than annually like most species. Mississippi River fisheries resource managers are concerned about the species ability to sustain viable populations against unchecked harvest rates. Mississippi River basin states have worked together across state lines to draft harvest restrictions for the species.
The regulations promoted for our border waters with Illinois and Wisconsin are the establishment of a minimum harvest size limit of 27 inches fork length. In addition a maximum size limit of 34 inches fork length is proposed for waters of the Mississippi River common with Wisconsin. A closed season is proposed from May 16 to October 14. In addition the three states are proposing the fish remain intact until reaching the final processing facility.
HUNTING
Final Rule – Chapter 105, Deer Population Management Zones
The Commission was requested to adopt a final rule on August 1to amend Chapter 105, Deer Population Management Zones. The amendment provides that a hunter in a population management zone hunt may forfeit her or his license and the right to participate the next year if he or she violates hunt rules.
No comments on the proposed rule were received during the public comment period. A public hearing was held on June 27, 2006, in the Wallace Building. No one attended.
This amendment became effective July 13, 2006
.
Final Rule – Chapter 91, Waterfowl and Coot Hunting Seasons
The DNR requested the Natural Resources Commission approve a final rule to amend Chapter 91 – Waterfowl and Coot Hunting Seasons. The amendment establishes dates for waterfowl hunting seasons, shifts the zone boundary for the duck hunting zone north to U.S. Highway 30; and eliminates the area closed to Canada goose hunting around Red Rock Reservoir. The rule is filed emergency because there is not time to follow Administrative Procedures Act procedures in the time remaining before waterfowl hunting seasons begin.
The Department finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing with the Administrative Rules coordinator on August 11, 2006, as it confers a benefit to the public.
Final Rule – Chapter 99, Wild Turkey Fall Hunting by Residents
The DNR requested the Natural Resources Commission adopt a final rule to amend Chapter 99 – Wild Turkey Fall Hunting by Residents. The amendments require mandatory harvest reporting, landowner registration, and modify the tagging procedures and become effective October 4.
WATER
Notice of Intended Action: Chapter 61, Water Quality Standards (Chemical Criteria Revisions)
The attached Notice of Intended Action for changes to Chapter 61 “Water Quality Standards” are proposed as part of the ongoing review of Iowa’s WQS The Notice of Intended Action initiates modifications to Iowa’s current Water Quality Standards (WQS) chemical criteria as listed in 61.3(3), Table 1. The modifications will revise the current numerical criteria for 23 chemical parameters to protect aquatic life for the following designations:
Class B(WW-1), Class B(WW-2), and Class B(WW-3).
The 23 parameters include: arsenic, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, zinc, cyanide, pentachlorophenol, aldrin, chlordane, 4,4’-DDT, endosulfan, heptachlor, heptachlor epoxide, toxaphene, aluminum, chlorine, lindane, and dieldrin. The modifications will also revise current numerical criteria to protect human health for 42 chemical parameters for Class HH – Human Health.
The 42 parameters to protect human health for the Class HH designation include: aldrin, antimony, arsenic (III), benzene, benzo(a)pyrene, bromoform, carbon tetrachloride, chlordane, chlorobenzene, chlorodibromomethane, cyanide, 4,4-DDT, para-dichlorobenzene, 3,3-dichlorobenzidine, dichlorobromomethane, 1,2-dichloroethane, 1,1-dichloroethylene, 1,2-trans-dichloroethylene, 1,2-dichloropropane, bis(2-ethylhexyl)phthalate, dieldrin, 2,3,7,8-TCDD(dioxin), endosulfan, endrin, ethylbenzene, heptachlor, heptachlor epoxide, hexachlorobenzene, gamma-BHC(lindane), hexachlorocyclopentadiene, lead, nickel, polynuclear aromatic hydrocarbons (PAHs), pentachlorophenol (PCP), polychlorinated biphenyls (PCBs), phenols, tetrachlorethylene, thallium, toluene, toxaphene, trichloroethylene (TCE), vinyl chloride, and zinc.
These proposed amendments will revise the current chemical criteria for the parameters listed above to reflect the latest scientific information and Environmental Protection Agency (EPA) national guidance.
Notice of Intended Action - Chapter 93 - Nonpoint Source Pollution Control Set–Aside Programs
A public hearing will be held June 14 in Des Moines
The attached Notice of Intended Action to Chapter 93 “Nonpoint Source Pollution Control Set-Aside Programs” changes primarily affect the Livestock Water Quality (LWQ) Facilities program, which, as part of the Clean Water State Revolving Fund, provides low-interest financing to eligible animal feeding operations for manure management structures, equipment, and plans.
A new facility design, which appears to be environmentally beneficial, is the bedded confinement building, or deep-bedded building. The current rules for the LWQ program do not allow for financing these structures. The Department is proposing to allow financing of these types of roofed facilities under certain conditions as outlined in the draft rules.
Other proposed changes include the following items:
• A restating of the purpose of the program to include pollution prevention;
• Updating the date for the federal definition of a Concentrated Animal Feeding Operation
in both the LWQ and the Local Water Protection Program;
• Clarification of the descriptions of eligible practices;
• Referencing the definition and requirements of manure management plans in 567 Chapter 65;
• Updating the requirements for project approval and removing the option of departmental
review of plans and specifications;
• Allowing financing of updates to manure management, nutrient management, or
comprehensive nutrient management plans as part of project financing;
• Adding a requirement for recipient record-keeping; and
• Adding language allowing the establishment of loan fees in the Intended Use Plan.
A stakeholder meeting was held March 19, 2007 to solicit input from agricultural and environmental organizations. A comment was received from the Des Moines Water Works that financing of updates to manure management plans should only be allowed if needed for a new water quality project financed through the LWQ program. The proposed rules have been amended to respond to that comment.
A public hearing is scheduled for June 14, 2007 in Des Moines.
Notice of Intended Action - Chapter 65-Subrules prohibiting liquid manure/settled open feedlot effluent application to soybeans
At the Environmental Protection Commission’s September 2006 meeting, the Commission requested that the Department prepare a Notice of Intended Action (NOIA) that would include the language reviewed as an Information item at the September meeting with the following changes: extend the prohibition to open feedlots and modify the exceptions relating to the need to plant soybeans if longer season crops cannot be planted. Accordingly, the NOIA includes: a proposed subrule for Division II of Chapter 65 pertaining to nutrient management plans for open feedlots; a modification of the exception language to provide that the prohibition does not apply on or after June 1 of each year if excessive rainfall or other adverse field conditions has prevented the planting of crops that require a longer growing season than soybeans.
Comments were due February 8, 2007. Rule making is on hold due to a stakeholder filing a fiscal impact notice.
Notice of Intended Action - Chapter 43: Water Supplies – Design and Operation – Construction Permit Fees
A public hearing will be held on November 1, 2006 at 10:00 a.m. in the conference room at the IDNR Water Supply office at 401 SW 7th Street, Suite I, Des Moines, IA, 50309,
Comments due November 3, 2006, to Diane Moles, Water Supply Engineering Section, Iowa Department of Natural Resources, 401 SW 7th Street, Suite M, Des Moines, IA 50309-4611; fax 515/725-0348 or diane.moles@dnr.state.ia.us. Persons wishing to convey their views orally should contact her at 515/725-0281.
This chapter pertains to the public water supply requirements for design and operation. The changes being proposed are listed below.
• Clarify and correct the fee schedule for a time extension request.
• Institute a maximum construction permit fee per public water system owner of $5,000 in a calendar year for any water-main projects.
• Institute a maximum construction permit fee per public water system owner of $16,000 in a calendar year for any non-water-main-related project.
The fee schedule for the time extension request has been clarified and corrected to a flat fee. Currently, a few public water supply system owners are paying more than the maximum amount that was originally anticipated. This rulemaking will institute a cap on the per system owner construction permitting fees in each calendar year. It is estimated that the new fee structure will reduce the fee receipts each year by approximately $25,000 to $30,000. No stakeholder meetings have been held since this is a reduction in fees to the regulated community.
Final Rule -- Chapter 60 - Scope of Title-Definitions-Forms-Rules of Practice, Chapter 62 - Effluent and Pretreatment Standards, Chapter 63 - Monitoring, Analytical and Reporting Requirements
The purpose of this rulemaking is to update references in rules 62.4 (455B) and 62.5 (455B) to federal effluent and pretreatment standards that need to be changed to remain current with federal regulations. Within the past year EPA has revised, updated, or added standards for iron and steel manufacturing and cooling water intake structures for off-shore oil and gas extraction facilities. The change to rule 60.2 (455B) is to update the definition of “Act” to include amendments to the Water Pollution Control Act through July 1, 2006. The change to subrule 63.1(1) is to update the reference to the latest EPA approved analytical methods that must be used by wastewater dischargers to remain current with federal requirements.
There have been no amendments to the Clean Water Act or to federal toxic effluent standards, rule 62.5 (455B), since these rules were last updated in 2005. On October 14, 2005, EPA revised the general pretreatment regulations in an attempt to streamline the pretreatment program. On December 13, 2005, EPA amended the standards for the iron and steel manufacturing industry, allowing alternative limitations for oil & grease and correcting various effective dates.
The commission was asked to adopt these rules without public notice and participation. Rule 62.2 (455B) and Iowa Code section 17A.4(1) specifically provide for adoption of federal effluent and pretreatment standards by reference, without public notice. Because the commission must adopt effluent and pretreatment standards at least as stringent as the federal standards to have primacy in the NPDES program and Iowa Code section 455B.173(3) prohibits the commission from adopting standards more stringent than the federal standards, public participation in this rulemaking is unnecessary. Although analytical methods are not effluent or pretreatment standards per se, these methods are required by federal regulations to be used to determine compliance with federal standards and in the submission of permit applications and other reports to the department. Because analytical methods at least as stringent as the federal methods are required to be used and the federal methods are adopted by reference in subrule 63.1(1), the commission is asked to adopt this rule without notice and public participation as well.
Proposed Rule – Chapter 43 – Water Supplies – Design and Operation
This chapter pertains to the water supply requirements for design and operation. The changes being proposed are listed below.
• Correct the fee schedule for a time extension request.
• Institute a maximum construction permit fee per public water system owner of $5,000 in a calendar year for any water-main projects.
• Institute a maximum construction permit fee per public water system owner of $16,000 in a calendar year for any non-water-main-related project.
The fee schedule for the time extension request was corrected to a flat fee. Currently, a few public water supply system owners are paying more than the maximum amount that was originally anticipated. This rulemaking will institute a cap on the per system owner construction permitting fees in each calendar year. It is estimated that the new fee structure will reduce the fee receipts each year by approximately $25,000 to $30,000. No stakeholder meetings have been held since this is a reduction in fees to the regulated community.
Proposed Rule—Rescind 567 IAC Chapter 47, Private Well Sampling, Rehabilitation, and Closure—Grants To Counties
The administrative portion of the Grants To Counties program, which provides for the transfer and accounting of program funds to counties, was transferred from the Department to the IDPH on July 1, 2002. The technical assistance portion of the program, which provides technical assistance and education to the 98 participating counties on the proper plugging, renovation, and testing of private wells, is still provided by the Department’s Water Supply Operations Section staff.
The adoption of 641 IAC Chapter 24 completes the transfer of administrative authority for the Grants To Counties program from the Department to IDPH. The new rules institute several program changes, summarized below:
1. The county contracts will be administered through the county board of health, instead of by the county board of supervisors.
2. Fee changes are established.
3. Water well tests must be taken by a “qualified” county employee. Counties will not be able to distribute water test kits to homeowners for sampling.
Proposed Rule – rescind 567-Chapter 113 “Sanitary Landfills: Municipal Solid Waste” and adopt the following new chapter in lieu thereof as 567-Chapter 113 “Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Non-Hazardous Wastes”
This new chapter is intended to implement minimum federal standards promulgated on October 9, 1991 by the U.S. Environmental Protection Agency (EPA) for municipal solid waste landfills (MSWLFs). In order to obtain full approval from EPA, Iowa must have and enforce standards technically comparable to 40 Code of Federal Regulations (CFR) part 258 (commonly referred to as RCRA Subtitle D standards), which establishes the minimum national criteria for all MSWLFs.
Subtitle D equivalent landfills offer significant benefits to all Iowans. As stated in 40 CFR 258.1(a): “These minimum national criteria ensure the protection of human health and the environment.” Moreover, 80% of Iowa residents obtain their drinking water from groundwater and 50% of Iowa’s industrial and commercial facilities utilize groundwater. Iowa’s Groundwater Protection Act sets the policy of the state as “… to prevent further contamination of groundwater from any source to the maximum extent practical.” Landfills that are RCRA Subtitle D compliant provide the maximum practical protection for Iowa’s groundwater and citizens.
EPA approved the current MSWLF rules (IAC 567—Chapter 113) in 1997 as RCRA Subtitle D equivalent, however; Iowa is the last state in EPA Region 7 (which also includes Kansas, Missouri, and Nebraska) to fully implement the RCRA Subtitle D requirements for MSWLFs. The issue is that some landfills (32 out of 59) are still utilizing disposal units that do not meet the RCRA Subtitle D equivalent requirements for liners and leachate collection systems in current IAC 567—Chapter 113. Moreover, EPA has passed new rules since 1997 (such as the new Research, Development & Demonstration (RD&D) rule provisions) that can benefit the environmental performance of MSWLFs in Iowa. Thus, the Iowa DNR plans to incorporate a final compliance date for all MSWLFs, as well as other regulatory updates, into the new 567-Chapter 113. The Department’s timeline for RCRA Subtitle D compliance is October 1, 2007, which is sixteen years after the RCRA Subtitle D regulations were finalized by EPA.
This rulemaking also updates references to 567-Chapter 113 contained in other solid waste related rules. In addition, subrules that are no longer applicable to 567-Chapter 113 (i.e., solid waste incinerator operator certification and postclosure requirements for landfills closed prior to October 9, 1994) are moved to other solid waste related rules.
The Commission will be asked to approve this Notice of Intended Action at its September meeting.
Proposed Rule - Chapters 68 and 69 Commercial Septic Tank Cleaners
Amended and passed by the EPC on 8-15-06. Amendment removes this section found on page 8 of the document:
The separation distance requirement to residences provided in this subparagraph shall be reduced to 250 feet if either of the following apply:
• The liquid manure is injected into the soil or incorporated within the soil not later than six hours from the original application.
• The titleholder of the land benefiting from the separation distance requirement executes a written waiver with the titleholder of the land where the manure is applied.
WETLANDS
WILDLIFE
Notice of Intended Action - Chapter 51 – Game Management Areas
This change is intended to clarify the use of horses on game management areas. Horses are restricted on game management areas except: 1) when used for hunting during open hunting seasons from August 1 to March 1, and 2) for non-organized pleasure riding between the dates of July 15 and October 1 unless posted as otherwise. DNR game management areas are managed with federal aid funding from the U.S. Fish & Wildlife Service. These changes allow for a limited amount of horse use on game management areas during times that do not interfere with primary management purposes for these areas and without jeopardizing federal aid funding.
This rule change also prohibits the use of paintball guns on all game management areas. Efforts are being made to contact individuals and groups who may have an interest in the proposed changes through direct contacts, flyers and an article in the Iowa Horse Council newsletter. To date, there has been little concern expressed.
The DNR requests approval of the Notice of Intent and permission to conduct a public hearing on September 27th.
Miscellaneous
Notice of Intended Action – Rescission and adoption of Chapter 7, “Rules of Practice in Contested Cases”
The new version of chapter 7 has been adopted at 561 IAC chapter 7 (the Director’s rules).
Chapter 7 contains the procedural rules for contested cases. On September 27,
2006, a Notice of Intended Action was published in the Iowa Administrative Bulletin to
rescind 561 IAC chapter 7 and to adopt a new version of chapter 7. The new version of
561 IAC chapter 7 addresses procedural issues that have arisen in the past on a recurring basis. It also clarifies the procedural practices of the department.
No comments were received regarding the Director’s Notice of Intended Action.
In addition to the department’s legal staff, the new version of chapter 7 was reviewed by
an administrative law judge from the Department of Inspections and Appeals, and by a
group of volunteer attorneys who are members of the Iowa State Bar Association.
An Adopted and Filed Notice for 561 IAC chapter 7 was published in the Iowa
Administrative Bulletin on January 31, 2007, and the new version of 561 IAC chapter 7
became effective on March 7, 2007.
Notice of Intended Action - Chapter 67, Development and Management of Recreation Trails on State Forests, Parks, Preserves and Recreation Areas
A public hearing will be held on September 27, 2006, at 10 a.m. in the Fourth Floor Conference Rooms of the Wallace State Office Building. At the hearing, persons may present their views either orally or in writing.
Comments due on or before September 19, 2006. Written comments may be directed to linda.depaul@dnr.ia.us or may be sent to Linda DePaul, Section Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Forestry Bureau at (515)281-5441 or at the Forestry Bureau offices on the fourth floor of the Wallace State Office Building.
This change is intended to update outdated definitions and to clarify the use of horses on state lands with designated trails. References to wildlife areas are being deleted and addressed in the companion item on Chapter 51 proposed changes.
Proposed changes in Chapter 67, clarify that horses are restricted to trail riding only, when the trails are open. Off-trail riding for hunting purposes may be allowed on a case-by-case basis depending on the number of riders, area they wish to hunt and other use in the immediate area through special use approval. In addition, the conditions when trails will be closed are clarified in order to better protect the natural resources and the safety of the public.
These changes are being proposed by the Trails Team, a group representing wildlife, parks, forestry and enforcement bureaus, as well as representatives from the policy and coordination section. This team has made contact with a number of the equestrian users and user groups by direct contact, flyers distributed at equestrian campgrounds, and an article in the Iowa Horse Council’s newsletter to determine some initial reaction to proposed changes. We have received numerous requests for additional information and once explained, the majority of contacts have been positive. However there are still some concerns from some members a group which hunts raccoons from mules. We have tried to address their concerns through a Special Equestrian Permit by which hunters who wish to hunt off-trail can apply at their local forest, preserve or recreation area.
Final Rule—Chapter 61, State Parks and Recreation Areas
This amendment establishes rental fees for new cabins at Waubonsie State Park. The cabins are part of the newly acquired WaShawtee property, which had been operated as a girl scout camp.
Notice of Intended Action was approved by the Commission on May 11, 2006. Notice of Intended Action was published in the Iowa Administrative Code Bulletin on June 7, 2006, as ARC 5141B. A public hearing was held on June 27, 2006. No written or oral comments were received.
Petition For Rulemaking: East Okoboji Lake Improvement Corporation, Inc. – Dickinson County
The East Okoboji Lakes Improvement Corporation, Inc. (EOLIC) has submitted a signed formal petition to the department, requesting administrative rulemaking. Their rulemaking request concerns a proposed new rule which would require that all vessels, except emergency vessels, be operated at a speed of 30 miles-per-hour or less between the hours of sunset and sunrise on all Dickinson County lakes. The EOLIC requests that this proposed new rule take effect no later than May 15, 2006.