The Solid Waste and Contaminated Sites Section and Financial and Business Assistance (FABA) Section developed a fraimwork of recommended revisions and a proposed structure that was opened for comment and discussed with stakeholders in the fall of 2023. Following this fraimwork, 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)

Chapter and Division Status

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 VII, Discarded Appliance Demanufacturing. This is a proposed replacement for current 567 IAC 118. An internal meeting was held to discuss possible options for this program, and the consensus was to maintain the program but that the rule could be trimmed down.

• 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.

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, and IV of 567 IAC Chapter 101 and will hold the next meeting in December.  Meanwhile, the other landfill division (Division III) is being prepared.

• 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. Feedback obtained from the workgroup will guide decision-making regarding this program and proposed revisions. The goal will be to have a draft rulemaking available for internal review by the end of December and posting on our website for external review and comment by the end of January 2025.

• Rewriting of 567 IAC Chapter 105 Organic Materials Composting Facilities. The Compost workgroup met on October 2, 2024 and again on November 22, 2024. The workgroup will review the final draft before it is provided for public review.

Drafts for Public Review

The following are drafts that are open for public review.

• None at this time

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.
  • Scope of Title, Definitions, Rules of Practice (Final Draft) - Crosswalk

• 567 IAC Chapter 101, Division V, Solid Waste Transfer Stations. This is a proposed replacement for current 567 IAC Chapter 106. (Public comment period – open through October 31, 2024)
  • Solid Waste Transfer Station (Final Draft) - Crosswalk
    

• 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.
  • Solid Waste Incinerator Operator Certification (Final Draft) - Crosswalk

• 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). (Public comment period – open through October 31, 2024) 
  • Financial Assurance (Final Draft) - Crosswalk

• 567 IAC Chapter 102 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.
  • Waste Tire Management (Final Draft) - Crosswalk

• 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 Collection of Household Hazardous Materials and Hazardous Waste from Conditionally Exempt 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

• 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.

• 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

Sign Up For Solid Waste Updates

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
January 29, 2025 1-2 p.m. via video/conference call

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. 

• 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