Department of Natural Resources
RULE PACKAGES
Expired
AIR QUALITY
Proposed Rule - Chapters 21, 22, 23 and 34, Air Quality Program Rules - Updates, Revisions, and Additions. Comments due January 9, 2007.
Proposed Rule: Chapters 22 and 23, Air Quality Program Rules - Updates, Revisions, and Additions
Passed by EPC on 8-15-06.
Proposed Rule - Air Quality Program Rule Chapters 20, 21, 22, and new Chapter 34: Adoption of the federal Clean Air Interstate Rule (CAIR) - Comments due February 27, 2006
Notice of Intended Action: Air Quality Program Rules Chapters 23, 25 and new Chapter 34: Adoption of the federal Clean Air Mercury Rule (CAMR) - Comments due February 27, 2006
ENERGY & WASTE MANAGEMENT
Proposed Rule – Amend IAC 567—Chapter 144 “Household Hazardous Materials” - Comments due February 8, 2006
- Solid Waste Comprehensive Planning Requirements – Comment until December 2, 2005
- Rescind "Grants for Regional Collection Centers of Conditionally Exempt Small Quantity Generators and Household Hazardous Wastes." Adopt "Financial Assistance for the Collection of Household Hazardous Materials and Hazardous Waste From Conditionally Exempt Small Quantity Generators" and "Regional Collection Centers and Mobile Unit Collection and Consolidation Center" in lieu thereof – Comment until December 5, 2005
FISHING
HUNTING
Notice of Intended Action – Chapter 94, Nonresident Deer hunting - Comments due January 4, 2006
- Proposed Rule -- Notice and Filed Emergency--New Chapter 115, Whitetail Hunting Preserves -- Comment until November 15, 2005
Miscellaneous
"Rental Fee Schedule for State-Owned Property, Riverbed, Lakebed, and Waterfront Lands" – Comment at NRC’s November 2005 meeting
Chapter 18 Rule Revisions Update
Notice of Intended Action – Chapter 135 Uniform Environmental Covenants Policy and Procedures
UNDERGROUND STORAGE TANKS
- Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks and Certification of Groundwater Professionals – Comment until December 2, 2005
WATER
Notice of Intended Action: Chapter 93: “Nonpoint Source Pollution Control Set–Aside Programs,” Iowa Administrative Code.
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.
Notice of Intended Action – Chapters 50-54 – Water Use and Water Allocation Rules
Notice of Intended Action - Chapter 64 – Wastewater Construction and Operation Permits
Proposed Rule: amendment to rule regarding department evaluation; denial of or condition of construction permits or disapproval or modification of MMPs for confinement feeding operations
Proposed Rule – Chapters 40, 44, 90, 91, 92, 93 – Revisions to State Revolving Fund Rules - Comments due January 11, 2006
Proposed Rule – Amendments to Chapter 64 by adding languages to start collecting a fee for wastewater permits - Comments due December 2, 2005
- Water Quality Standards (Protected Flow, General Use Classification Changes and the "Rebuttable Presumption" Approach) and Water Quality Standards (Use Designation Changes and Warm Water Protocol) – Comment until October 28, 2005
Notice of Intended Action – Chapter 61, Water Quality Standards (Protected Flow, General Use Classification Changes and the "Rebuttable Presumption" Approach)
Hearings have ended. Written comments due by Friday, October 28, 2005
Any person may submit written suggestions or comments on the proposed amendments through October 28, 2005. Such written material should be submitted to Adam Schnieders, Iowa Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034, fax (515)281-8895 or by Email to adam.schnieders@dnr.state.ia.us. Persons who have questions may contact Adam Schnieders at (515)281-7409.
and
Notice of Intended Action – Chapter 61 – Water Quality Standards (Use Designation Changes and Warm Water Protocol)
Go to Notice of Intended Action
Hearings have ended. Written comments due by Friday, October 28, 2005
Hearings have ended. Written comments due by Friday, October 28, 2005
Any person may submit written suggestions or comments on the proposed amendments through October 28, 2005. Such written material should be submitted to Adam Schnieders, Iowa Department of Natural Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319-0034, fax (515)281-8895 or by Email to adam.schnieders@dnr.state.ia.us. Persons who have questions may contact Adam Schnieders at (515)281-7409.
Notice of Intended Action – Chapter 61, Water Quality Standards (Protected Flow, General Use Classification Changes and the "Rebuttable Presumption" Approach)
The Notice of Intended Action initiates modifications to Iowa’s current Water Quality Standards (WQS) protected flow concept. The current use of the protected flow concept in conjunction with the implementation of Iowa’s Water Quality Standards for Iowa's streams has not been demonstrated to protect aquatic life uses under critical low flow conditions and is thus inconsistent with EPA guidelines. The removal of the protected flow concept will more adequately protect aquatic life because the standard design low flows (1Q10, 7Q10 & 30Q10) will be associated with the implementation of the numerical criteria.
The DNR is also proposing revisions to the general use classification. The current definition of general use segments allows discharges from wastewater treatment plants to be considered as general use segments. EPA guidance states that the presence of flow or pools in a stream which support a designated use must stand alone regardless of the source of that flow or pooled water. In addition, the elevated flows exclusion will be struck from the definition, resulting in these waters being protected at all places and all times. The rest of the changes clarify the relationship and eliminate redundancy between the definition in 61.3(1)a. and the associated criteria listed in 61.3(2).
The Notice of Intended Action also proposes to designate as Class A1 – Primary Contact Recreational Use and a Class B(WW-1) Warm Water – Type 1 all of Iowa’s perennial rivers and streams or intermittent streams with perennial pools that are not currently designated. Thus, all perennial rivers and streams or intermittent streams with perennial pools in Iowa not specifically listed in the Surface Water Classification will be Class A1, B(WW-1) waters, and will be protected for aquatic life and recreation. In addition, all current Class B(LR) streams will also be designated for Class A1 – Primary Contact Recreational Use. This is consistent with the national goal in the Clean Water Act that waters should be "fishable and swimmable" wherever attainable.
Notice of Intended Action – Chapter 61 – Water Quality Standards (Use Designation Changes and Warm Water Protocol)
The commission will be asked to approve a Notice of Intended Action regarding proposed rulemaking to amend the State’s warm water aquatic life use designations and to adopt a protocol for assessing and designating water bodies for warm water aquatic life uses.
The Notice of Intended Action initiates modifications to Iowa’s current Water Quality Standards (WQS) use designations to protect warm water aquatic life. The IDNR is proposing to change the current warm water aquatic life use designations to the following designations: Class B(WW-1), Class B(WW-2), and Class B(WW-3). The new designations more accurately reflect the actual aquatic life of waterbodies.
The existing Class B(WW) and Class B(LR) waterbodies will be reassigned to Class B(WW-1) and Class B(WW-2), respectively.
The IDNR is also proposing to establish a new use designation: Class HH - Human Health. The new designation transfers the human health (consumption of fish) criteria associated with the existing Class B aquatic life designations to a separate use category. The same use protection and numerical criteria will still apply to all existing B(WW), B(CW), and B(LW) waterbodies. The new designation allows the human health criteria to be applied on any water body where appropriate regardless of the aquatic life designation.
The Notice of Intended Action also proposes to incorporate a rule-referenced document Warm Water Stream Use Assessment and Attainability Analysis Protocol" into the WQS. The document is based on the proposed modifications to definitions for warm water aquatic life uses and proposes an approach to be followed in assessing the warm water aquatic life uses of streams. The proposed use assessment and attainability analysis protocol would be applied to streams that are proposed to be designated as Class A1, B(WW-1) under "rebuttable presumption" rule making efforts, currently undesignated general use classified waters as well as existing Class B(WW) and Class B(LR) warm waters suspected of being inappropriately designated. This guidance document will be used in future warm water stream assessment efforts. This document will be modified as new science and techniques are perfected. Any amendments to the reference document will proceed through formal rule making and will reflect the date of the revised documentation.
The fiscal impact statement with agenda Item 16 also addresses the potential fiscal impact that is associated with the Warm Water Protocol rulemaking efforts.
Notice of Intended Action – Chapter 65 – Technical Corrections and Additions to Table 1: Major Water Sources – Rivers and Streams – Comment until December 1, 2005
Go to Notice of Intended Action
WETLANDS
- Proposed Rule – Chapter 65 - Establish a set of Designated Wetlands on lands owned and managed by the federal government or the Department of Natural Resources - Comments due February 1, 2006
WILDLIFE
- Notice of Intended Action – Chapter 114, Nuisance Wildlife Control - Comments due January 4, 2006