Iowa Administrative Code

137.5(1) Purpose. This rule defines the basis and procedure for establishing statewide standards for contaminants in groundwater, soil, and surface water. Statewide standards for groundwater and soil represent concentrations of contaminants in these media at which normal exposure…

137.6(1) Purpose. As opposed to statewide standards, site-specific standards are derived by applying exposure and risk assumptions applicable to the conditions at a particular site. Like statewide standards, site-specific standards must always be shown to be protective of public …

137.7(1) Technological controls. The purpose of a technological control is to effectively sever a pathway by use of technologies such that an applicable receptor could not be exposed to hazardous substances above an applicable target risk level. Subject to limitations in this cha…

137.8(1) Purpose. The purpose of the site assessment is to define the nature and extent of contamination, along with identifying likely exposure pathways, with the aim of characterizing potential, current and future risks and making an informed decision concerning an appropriate …

137.9(1) Purpose. The purpose of risk evaluation/response action is to utilize information from the site assessment as a basis for: a. Determining whether current exposures result in risks deemed to be excessive, based on evaluation against appropriate background, statewide, or s…

Iowa Code sections 455D.10A and 455D.10B. These sections limit the amount of mercury added to an alkaline manganese battery and prohibit the disposal of batteries specified in 455D.10A(3)“a”(1) as part of the mixed municipal solid waste stream. All consumers shall be informed of …

Iowa Code section 455D.10A, the following definitions apply: “Alkaline manganese battery” means a battery consisting of a manganese dioxide positive electrode, a zinc negative electrode and an alkaline electrolyte. “Battery pack” means one or more batteries enclosed in a housing.…

that are used for any and all purposes are covered by these rules, except those batteries subject to regulation under the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq. 145.3(1) Only button cell batteries containing mercuric oxide are included in this col…

145.4(1) It is the responsibility of all participants in the stream of commerce, either individually or collectively, to establish and maintain a system or systems for the proper collection, transportation and recycling or disposal of waste batteries, specified in 455D.10A(3)“a,”…

rechargeable consumer product manufacturer may apply to the department for exemption from the requirements of 455D.10B(1). An application for exemption from these requirements shall be submitted on 8½- x 11-inch paper and contain: 1. The name, address, and telephone number of the…

149.1(1) Authority. Pursuant to Iowa Code section 455B.424, the department has authority to collect fees for the transportation, treatment, and disposal of a hazardous waste. Moneys collected or received by the department shall be transmitted to the treasurer of the state for dep…

149.3(1) Exclusions. A person shall be exempt from the payment of fees specified in rule 149.4(455B) if any one of the following criteria is met: a. The person is a duly authorized agent of the state of Iowa or a political subdivision of the state. b. The hazardous waste is recla…

149.4(1) Effective date. On and after July 1, 1985, fees shall begin to accrue for the transportation, treatment or disposal of hazardous waste within Iowa. 149.4(2) Hazardous wastes generated within Iowa. For hazardous waste generated within the state of Iowa, the generator shal…

149.5(1) Form. Any person to whom this chapter applies must file a completed Form 179 “Hazardous Waste Program—Transportation, Treatment and Disposal Fees” which is provided by the department as specified in rule 567—140.6(455B). 149.5(2) Manner, time and place. Fees are due on A…

149.6(1) The hazardous wastes to which the fee schedule listed in rule 149.4(455B) applies are those identified in 40 CFR Part 261 through October 23, 1985, as adopted by reference by rule 567—141.2(455B). 149.6(2) For the purposes of Iowa Code subsection 455B.424(1), the weight …

149.7(1) Manifests. Those persons subject to the manifesting requirements of 40 CFR Part 262 as amended through July 15, 1985, as adopted by reference by 567—141.3(455B), shall maintain the manifests for the purpose of determining the amount of fees to be addressed as set out in …

by this chapter, the director shall enforce the collection of the delinquent fees. A penalty of 15 percent of the fee due in addition to the fee due shall be collected.

waste remedial fund has a balance in excess of $6 million by July 1 of a calendar year, the department shall suspend the collection of fees. If the balance falls below $3 million, the fee collection shall be reimposed commencing the beginning of the next calendar quarter. Notices…

reporting rule (CROMERR), as amended through November 17, 2009. 15.1(1) Applicability. The provisions of 40 CFR Sections 3.1 and 3.2 are adopted by reference. 15.1(2) Definitions. a. For the purpose of this chapter, the following definitions in 40 CFR Section 3.3 are adopted by r…

152.1(1) Authority. This chapter is authorized in Iowa Code section 455B.486, which relates to the siting of low-level radioactive waste disposal facilities. 152.1(2) Purpose. These rules establish criteria for identifying sites which are suitable for operation of low-level radio…

definitions apply to this chapter: “Aquifers” means water-bearing geological formations, group of formations, or part of a formation capable of yielding significant amounts of groundwater for beneficial use. “Conservation area” means any park, recreation area, wildlife area, fore…

facilities. 152.3(1) Exclusionary criteria. No facility shall be sited within: a. An area of seismic risk category of “4” or greater; b. A 100-year floodplain; c. A dam hazard area; d. An area with less than 100 feet of aquitard between the base of operation and the subjacent aqu…

Administrative Code, with the addition of the following new subrule. 2.4(7) Definitions. For purposes of this chapter: a. “Emission data” means the following, with reference to any source of emission of any substance into the air: (1) Information necessary to determine the identi…

through implementation of solid waste management projects the amount of solid waste being generated and the amount of solid waste being landfilled. [ARC 2314C, IAB 12/23/15, effective 1/27/16]

a project, financial assistance which includes, but is not limited to, funds for the purpose of: 1. Purchase and installation of waste reduction equipment; 2. Purchase and installation of collection, processing, or hauling equipment; 3. Development, printing and distribution of e…

including, but not limited to, the following: 1. Taxes; 2. Vehicle registration; 3. Overhead expenses; 4. Indirect costs; 5. Legal costs; 6. Contingency funds; 7. Proposal preparation; 8. Contractual project administration; 9. Land acquisition; 10. Office furniture, office comput…

department. Applications are considered part of the public record. Unless otherwise designated in the solid waste alternatives program application forms or the derelict building grant program application guideline forms, applications will be accepted by the department during norm…

209.13(1) To receive consideration under these rules, applications for financial assistance submitted to the department must be provided to the agency responsible for submitting an approved solid waste comprehensive plan or a subsequent solid waste comprehensive plan or by solid …

for the purposes of implementing the project for which financial assistance has been awarded. The agreement shall be signed by the appropriate department signatory and the recipient’s authorized signatory. Conditions to successfully implement and manage agreements shall be expres…

waste alternatives program shall be used to implement activities that support the practical and beneficial use of solid waste materials and for activities leading to a reduction in the reliance on sanitary landfills for disposal of solid waste. 209.15(1) Eligible applicants. Any …

derelict building grant program is available to communities of 5,000 or fewer to help improve the attractiveness and appearance of their jurisdictions by providing financial assistance for eligible projects. Each project must have a landfill diversion component. 209.16(1) Eligibl…

applicants implementing projects and programs leading to the diversion of solid waste from sanitary landfills. [ARC 2314C, IAB 12/23/15, effective 1/27/16]

“Abandoned” means that the building has been unoccupied for a minimum of six continuous months. “Asbestos-containing material” or “ACM” means any material that contains more than 1 percent of asbestos. “Building renovation” means repairs that stabilize or improve the structural i…

funds for projects receiving financial assistance under these rules. The department will ensure that funds disbursed meet guidelines established by Iowa Code sections 455E.11(2)“a”(1)(e) and 455E.11(2)“a”(1) (f). [ARC 2314C, IAB 12/23/15, effective 1/27/16]

legislature and that may be obtained from other sources for the purpose of achieving the goals outlined in these rules. The department will ensure that moneys appropriated meet both federal and state guidelines pertaining to their use. [ARC 2314C, IAB 12/23/15, effective 1/27/16]

an amount less than that requested by the applicant. In the event that financial assistance offered is less than the amount requested by an applicant, the applicant may be asked to document the impact on the proposed project. Reduced awards shall be offered when the department de…

department has: 1. Determined the total estimated cost of the project; 2. Determined that financing for the cost-share amount is ensured by the recipient; 3. Received final design plans from the recipient, if applicable; 4. Received confirmation that all permits or permit amendme…

purchase of each good and service for which department-awarded financial assistance will be used. The applicant’s minimum cost share shall be in accordance with subrule 209.16(3) for the derelict building grant program. [ARC 2314C, IAB 12/23/15, effective 1/27/16]

for any of the following reasons: 1. Funds are insufficient to award financial assistance to all qualified applicants. 2. An applicant does not meet eligibility requirements pursuant to provisions of subrule 209.15(1) for the solid waste alternatives program or subrule 209.16(1) …

in 567—Chapters 20 through 35, the following terms shall, unless otherwise noted, have the meaning indicated in this chapter. Additional definitions potentially applicable to this chapter are set forth in 567—Chapters 22 and 23. The definitions set out in Iowa Code sections 455B.…

21.10(1) Continuous monitoring of opacity from coal-fired steam generating units. The owner or operator of any coal-fired or coal-gas-fired steam generating unit with a rated capacity of greater than 250 million Btu per hour heat input shall install, calibrate, maintain, and oper…

emission monitoring requirements for affected units under the acid rain program as provided in 40 CFR Part 75, including Appendices A, B, F, and K, as amended through August 30, 2016, are adopted by reference. [ARC 7950C, IAB 5/15/24, effective 6/19/24]

source subject to the requirements of the federal Clean Air Act, Section 112(g), shall comply with the requirements contained in permits issued by the department under 567—Chapters 22 and 33. [ARC 7950C, IAB 5/15/24, effective 6/19/24]

opacity of emissions and requirements for qualified observers as defined in 40 CFR Part 60, Appendix A, Method 9, as amended through November 14, 1990, is adopted by reference. To qualify as an observer, a candidate must, after meeting the requirements established in 40 CFR Part …

purpose specified in 40 CFR Part 51, Appendix L, 1.0, are adopted by reference. For purposes of this chapter, adoption by reference of any portion of 40 CFR Part 51, Appendix L, is, unless otherwise noted, as amended through July 1, 1987. [ARC 7950C, IAB 5/15/24, effective 6/19/2…

21.15(1) Evaluation. Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the commission or the director determines that the meteorological conditions are such that the accumulation o…

40 CFR Part 51, Appendix L, 1.3(a), are adopted by reference. 21.16(1) Plan preparation. a. Any person responsible for the operation of a source of air contaminants as set forth in Tables I through III shall prepare standby plans for reducing the emission of air contaminants, whi…

21.17(1) Emission reduction activities. Any person responsible for the operation of a source of air contaminants as set forth in Tables I through III, herein, that is located within the area involved shall follow the actions specified below during periods of an air pollution aler…

21.2(1) Application for variances. A person may make an application for a variance from applicable rules or standards specified in this title. a. Contents. Each application for a variance shall be submitted to the director and state the following: (1) The name, address, email add…