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Land Quality Bureau 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on January 10, 2023, requires all state agencies to identify which administrative rule chapters will be retained or rescinded.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


EO10 - Natural Resources

Current and Proposed LQB Rules Grouped by Topic

Solid Waste and Financial & Business Assistance

The Solid Waste and Contaminated Sites Section and Financial and Business Assistance (FABA) Section 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:

Chapter and Division Status

The Land Quality Bureau’s Solid Waste and Contaminated Sites Section and Financial and Business Assistance Section of the Iowa Department of Natural Resources (DNR) continue to make great progress on the Executive Order 10 (EO10) administrative rule process. Below is the status of the chapters/divisions.

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.

  • 567 IAC 102, Division II, Land Application of Waste. This is a proposed replacement for current 567 IAC 121.
  • 567 IAC 102, Division VIII, Cathode Ray Tubes (CRT). This is a proposed replacement for current 567 IAC 122. This chapter was significantly revised as part of the five year rule review process several years ago. Therefore, significant changes are not expected, so internal review has been deferred while more pressing reviews are conducted.

  • 567 IAC 105, Division I, Notification Requirements. This is a proposed replacement for current 567 IAC 131.
  • 567 IAC 105, Division II, Cleanup Actions and Responsible Parties. This is a proposed replacement for current 567 IAC 133.
  • 567 IAC 105, Division III, Land Recycling Program. This is a proposed replacement for current 567 IAC 137.
  • 567 IAC 107, Beverage Container Deposits. This is a proposed replacement for current 567 IAC 107.
  • 567 IAC 149, Fees for Transportation, Treatment, and Disposal of Hazardous Waste. This is a proposed replacement for current 567 IAC 149. No substantive change is anticipated beyond rectifying references to other DNR chapters that have new numbers.

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 several meetings to date and discussed drafts of Divisions I, II, III, and IV of 567 IAC Chapter 101. The workgroup is performing a final review of the divisions prior to the DNR finalizing and posting for public review.
  • 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 started meeting in October 2024. Feedback obtained from the workgroup guided decision-making regarding this program and proposed revisions. The goal is to post the proposed division on our website for external review and comment by mid-February.

Drafts for Public Review

The following are drafts that are open for public review.

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 proposed chapters are pending the formal rulemaking process beginning August 2025.

  • 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). This draft rulemaking was posted for pre-formal public review on July 24, 2024 with comments due by October 31, 2024. One set of written comments were received by the DNR and responded to in writing.

Proceeding

These proposed chapters are proceeding through the formal rulemaking process.

  • None.

Effective

These chapters have completed the formal rulemaking process and are effective.
Contacts: 
  • Please use EO10_SolidWaste@dnr.iowa.gov to submit comments and questions regarding FABA and Solid Waste and Contaminated Sites related rule chapters.
  • Contaminated Sites: Michael Sullivan, Matt Graesch and Shelley Nellesen
  • Solid Waste: Michael Sullivan, Chad Stobbe, Theresa Stiner, Mary Klemesrud and Brian Rath
  • FABA: Laurie Rasmus and Jennifer Wright
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Floodplain and Dam Safety

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.

Public Hearing

A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the conference call should contact Jon Garton via email. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Jon Garton prior to the hearing to facilitate an orderly hearing.

January 28, 2025 10-11 a.m. via video/conference call Or dial: ‪(US) +1 541-809-1151‬ PIN: ‪266 709 223‬#
January 29, 2025 1-2 p.m. via video/conference call

Public Comment

Any interested person may submit written comments concerning this Regulatory Analysis. Written comments in response to this Regulatory Analysis must be received by the Department of Natural Resources (Department) no later than 4:30 p.m. on the date of the public hearing. 

Comments should be directed to:
Jon Garton, Supervisor Floodplain and Dam Safety Section
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321

Email: jonathan.garton@dnr.iowa.gov

Oil, Gas, and Metallic Minerals

During the last legislative session, Iowa Code Chapter 458A was updated to include the regulation of naturally occurring, non-petroleum/hydrocarbon gases. As a result, the current Iowa Administrative Code 561 Chapter 17 must be updated to reflect the changes to Iowa Code. Further, we have been directed to complete this update this calendar year as part of the Executive Order 10 (EO 10).

Overall Documents:

Proposed Rule Document:

  • The Proposed Notice of Intended Action for Chapter 17 has been published in the Iowa Administrative Bulletin.
  • Any interested person may submit comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 31, 2025. Comments should be directed to Matthew.Graesch@dnr.iowa.gov
  • Public hearings will be held by videoconference call on January 30, 2025 at 1:00 p.m. and January 31, 2025 at 9:00 a.m. To participate, contact  Matthew.Graesch@dnr.iowa.gov to request a video conference link.

Contacts: 

  • Please use EO10_SolidWaste@dnr.iowa.gov to submit comments and questions regarding FABA and solid waste related rule chapters.
  • Amie Davidson, Michael Sullivan, Matt Graesch, Noah Poppelreiter, Theresa Stiner, and Brian Rath