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on January 10, 2023, requires all state agencies to identify which administrative rule chapters will be retained or rescinded.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.
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EO10 - Governor's Office
EO10 - Natural Resources
Current and Proposed LQB Rules Grouped by Topic
List items for Current and Proposed LQB Rules Grouped by Topic
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:
- 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 (August 2024)
- Recommended Revisions and Proposed Structure (October 2024)
- Proposed Structure (March 2025)
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 III, Landfarming of Petroleum Contaminated Soils. This is a proposed replacement for current 567 IAC 120. This chapter was significantly revised as part of the five year rule review process several years ago. Therefore, significant changes are not expected.
- 567 IAC 102, Division VI, Special Waste Authorization. This is a proposed replacement for current 567 IAC Chapter 109.
- 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 149, Fees for Transportation, Treatment, and Disposal of Hazardous Waste. This is a proposed replacement for current 567 IAC 149.
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 to discuss drafts of Divisions I, II, III, and IV of 567 IAC Chapter 101. The DNR is making revisions based on feedback. Once the workgroup performs a final review, the DNR will finalize and post for public review.
Drafts for Public Review
The following are drafts that are open for public review.
- 567 IAC 105, Division I, Notification Requirements. This is a proposed replacement for current 567 IAC 131. The DNR is accepting public comments through April 15, 2025.
- 567 IAC 105, Division II, Cleanup Actions and Responsible Parties. This is a proposed replacement for current 567 IAC 133. The DNR is accepting public comments through May 9, 2025.
- 567 IAC 107, Beverage Container Deposits. This is the proposed replacement for current 567 IAC 107. The DNR is accepting public comments through May 2, 2025.
- 567 IAC 109, Landfill Alternatives Financial Assistance Programs. This is the proposed replacement for the current 567 IAC 209. DNR is accepting public comments through April 30, 2025.
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 100 – Scope of Title, Definitions, Rules of Practice. This is a proposed replacement for current 567 IAC Chapters 100 and 102. This draft rulemaking was posted for pre-formal public review on July 24, 2024 with comments due by August 30, 2024. No comments were received by the DNR.
- 567 IAC Chapter 101, Division V, Solid Waste Transfer Stations. This is a proposed replacement for current 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. No comments were received by the DNR.
- 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). This draft rulemaking was posted for pre-formal public review on July 24, 2024 with comments due by August 30, 2024. No comments were received by the DNR.
- 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.
- 567 IAC 102, Division I, Organic Composting Facilities. This is the proposed replacement for the current 567 IAC 105. The Department accepted public comments through January 17, 2025. Minor revisions were made based on comments received.
- 567 IAC 102, Division II, Land Application of Waste. This is a proposed replacement for current 567 IAC 121. The Department accepted public comments through March 31, 2025 and is reviewing comments received.
- 567 IAC 102, Division IV, Beneficial Use. This is the proposed replacement for the current 567 IAC 108. The DNR accepted public comments through March 31, 2025 and is reviewing comments received.
- 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 pre-formal public review on May 15, 2024 with comments due by June 21, 2024. No comments were received by the DNR.
- 567 IAC 102, Division VII, Discarded Appliance Demanufacturing. This is a proposed replacement for current 567 IAC 118. The DNR accepted public comments through February 24, 2025
- 567 IAC 102, Division VIII, Cathode Ray Tubes (CRT). This is a proposed replacement for current 567 IAC 122. The DNR accepted public comments through April 7, 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 Management of Household Hazardous Materials and Hazardous Waste from Very Small Quantity Generators. The draft rulemaking was posted for external review and comment through June 2024. No comments were received by the DNR.
- 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. The draft rulemaking was posted for external review and comment through June 2024. No comments were received by the DNR.
- Solid Waste Comprehensive Planning & Environmental Management System - Crosswalk
Proceeding
These proposed chapters are proceeding through the formal rulemaking process.
- None.
Effective
These chapters have completed the formal rulemaking process and are 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 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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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 that were held on January 28 and January 29.
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, which were held on January 28 and January 29.
- NOI: Rescind and Replace Chapter 70, “Scope of Title—Definitions—Forms—Rules of Practice,”
- NOI: Rescind and Replace Chapter 71, “Floodplain or Floodway Development—When Approval is Required,” Rescind 75 and 76
- NOI: Rescind and Replace Chapter 72,“Criteria for Approval,”
- NOI: Rescind and Replace Chapter 73,“Approval, Construction, Use, Maintenance, Removal, Inspections, and Safety of Dams,”
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
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:
- Stakeholder Meeting Agenda (June 28, 2024)
- Stakeholder Meeting Presentation (July 8, 2024)
- Chapter Schedule (July 2024)
Proposed Rule Document:
- The Proposed draft of 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 this chapter.
- Amie Davidson, Michael Sullivan, Matt Graesch, Noah Poppelreiter, Theresa Stiner, and Brian Rath
2nd Informal Public Comment Meetings for IAC 567-Chapters 134, 135, 136 Scheduled
The Department of Natural Resources (DNR) Underground Storage Tank (UST) Section has scheduled 2nd informal public comment meetings to receive stakeholder input regarding potential amendments to Iowa Administrative Code 567-Chapters 134, 135 & 136 in regards to Executive Order 10 (EO10) signed by the Governor on January 10, 2023. The Section has reviewed verbal informal comments received during the 1st informal public comment meetings and is working on creating updated drafts of the proposed amended chapters reflecting said comments. The updated draft for Chapter 134 is posted below under the title "Draft Chapter 134 Underground Storage Tank Licensing and Certification Programs - April 14, 2025 Version." The Section will post the updated draft versions of Chapters 135 & 136 below when completed, and is also providing a summary statement of changes that was read by staff during the 1st informal public comment meeting upon feedback from that meeting.
The UST Section also requests that all written comments on posted drafts be submitted to the DNR UST Section by May 1, 2025, via the dedicated email address USTEO10@dnr.iowa.gov.
Background
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.
The proposed drafts to 567 Iowa Administrative Code Chapters 134, 135, and 136 are posted below.
Invitation
The DNR’s Land Quality Bureau would appreciate your input at these meetings. The DNR’s goal is to have the proposed rule drafted by July 31, 2025 with an anticipated effective date in the spring of 2026.
To participate in the meetings, please see the meeting information below. For more information about EO10, please see the FAQ’s below.
We value your input as a stakeholder and want to thank you in advance for your participation in this process. If you have any questions, please use our dedicated EO10 underground storage tank email address: USTEO10@dnr.iowa.gov.
Your Underground Storage Tank EO10 Team,
Keith Wilken, Tammy Vander Bloemen, James Gastineau, Charlotte Richards, Cody McCoy, Amie Davidson, and Noah Poppelreiter
Drafts
- Summary of Changes Statement for Chapter 134
- Draft Chapter 134 Underground Storage Tank Licensing and Certification Programs - April 14, 2025 Version
- Draft Chapter 134 Underground Storage Tank Licensing and Certification Programs - February 27, 2025 Version
- Draft Chapter 135 Owners & Operators of Underground Storage Tanks
- Draft Chapter 136 Financial Responsibility for Underground Storage Tanks
Meeting Information
- 567 IAC Chapter 135 & 136
- May 6, 2025 from 11AM to 12PM
- This meeting will be held as a simultaneous in-person and virtual meeting to receive further verbal comments and go over any submitted written comments for both chapters.
- In-person information:
- The in-person meeting will be held at the Iowa DNR Central Office at 6200 Park Ave, Des Moines IA 50321, in the Walnut Woods conference room on the first floor (please note that our office has moved from the Wallace Building in the Capital Complex in downtown Des Moines). Please check in at the front desk when you come into the building.
- Staff requests that individuals planning to attend this meeting email USTEO10@dnr.iowa.gov by April 30 indicating that they wish to attend in person so staff can arrange the conference according to the number of attendees.
- Virtual information:
- Virtual Meeting Link To attend the meeting, click the Vitutal meeting link and follow the on-screen instructions to join. We recommend that you log in about 10 minutes prior to the start of the meeting to ensure sufficient time to get setup. If you prefer to join by phone, call (US) +1 347-508-3175 and use PIN 245 038 196#. You may also click the Google calendar invite to add this event to your calendar.
- Any person with special requirements such as those related to hearing impairments who wishes to participate in this meeting should promptly contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service at 800-735-7942, or webmaster@dnr.iowa.gov to advise of specific needs.
- In-person information:
- 567 IAC Chapter 134
- May 5, 2025 from 10AM to 11AM
- This meeting will be held as a simultaneous in-person and virtual meeting to go over the March 31, 2025 version of draft changes to Chapter 134 (see above) and to receive additional in-person comments for the chapter.
- In-person information:
- The in-person meeting will be held at the Iowa DNR Central Office at 6200 Park Ave, Des Moines IA 50321, in the Walnut Woods conference room on the first floor (please note that our office has moved from the Wallace Building in the Capital Complex in downtown Des Moines). Please check in at the front desk when you come into the building.
- Staff requests that individuals planning to attend this meeting email USTEO10@dnr.iowa.gov by April 30 indicating that they wish to attend in person so staff can arrange the conference according to the number of attendees.
- Virtual information:
- Virtual Meeting Link To attend the meeting, click the Vitutal meeting link and follow the on-screen instructions to join. We recommend that you log in about 10 minutes prior to the start of the meeting to ensure sufficient time to get setup. If you prefer to join by phone, call (US) +1 910-518-6036 and use PIN 366 737 835#. You may also click the Google calendar invite to add this event to your calendar.
- Any person with special requirements such as those related to hearing impairments who wishes to participate in this meeting should promptly contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service at 800-735-7942, or webmaster@dnr.iowa.gov to advise of specific needs.
- In-person information:
Frequently Asked Questions
What is EO10?
EO10 was signed by the Governor on January 10, 2023 and requires all state agencies to conduct a comprehensive evaluation and rigorous cost benefit analysis of existing rules to evaluate their public benefits, whether the benefits of the rules justify the costs, and whether there are less restrictive alternatives to achieve their intended goal. Each administrative rule chapter will either be rescinded, revised or combined with other chapters.
How does EO10 impact stakeholders?
The Land Quality Bureau (LQB) of the DNR is responsible for all underground storage tank rules. The EO10 process requires the DNR, in consultation with stakeholders, to review each rule and develop proposed changes to reduce regulatory burden. This may include changes to the current rules, combining the current rules, or rescinding the current rules, which in turn can impact you as a stakeholder.
Can stakeholders provide input?
Yes, the EO10 process requires public engagement, including the opportunity for stakeholder input throughout the process.
The early stakeholder outreach phase, which we are currently in, is an opportunity for you to shape the direction of rules before staff finalize the language. Due to the condensed schedule, this early outreach phase will occur in March.
However, there will be additional opportunities to comment on specific rule language later in the process.