Iowa State Implementation Plan Revision

For the 2008 Ozone

National Ambient Air Quality Standards

Iowa Department of Natural Resources

Environmental Services Division

Air Quality Bureau

7900 Hickman Rd Suite 1

Windsor Heights, IA 50324

DATE
Table of Contents

Background......................................................................................................................................3

Statutory and Regulatory Requirements..........................................................................................5

Section 110(a)(2)(A) Emission limits and other control measures..............................................5

Section 110(a)(2)(B) Ambient air quality monitoring/data system.............................................6

Section 110(a)(2)(C) Program for enforcement of control measures..........................................7

Section 110(a)(2)(D) Interstate transport.....................................................................................8

Section 110(a)(2)(E) Adequate authority and resources..............................................................9

Section 110(a)(2)(F) Stationary source monitoring system.......................................................10

Section 110(a)(2)(G) Emergency power....................................................................................11

Section 110(a)(2)(H) Future SIP revisions................................................................................12

Section 110(a)(2)(I) Nonattainment areas .................................................................................13

Section 110(a)(2)(J) Consultation with government officials; Public notification; PSD and 

visibility protection....................................................................................................................14

Section 110(a)(2)(K) Air quality modeling/data .......................................................................16

Section 110(a)(2)(L) Permitting fees.........................................................................................17

Section 110(a)(2)(M) Consultation/participation by affected local entities..............................18

Legal Authority..............................................................................................................................19

455B.133 Duties. .......................................................................................................................19

455B.134 Director — duties — limitations...............................................................................23

567 Iowa Administrative Code Chapters 20-29, 31, 33-34 .......................................................27

Public Comment & Hearing...........................................................................................................28

APPENDICES ...............................................................................................................................29

Appendix A: Iowa’s 2008 Ozone NAAQS Adoption ..............................................................30

Appendix B: Rulemaking and Public Participation Process.....................................................31

2
Background

The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to set 

National Ambient Air Quality Standards (NAAQS) for specific pollutants known as criteria 

pollutants. The law also requires EPA to periodically review and update the standards as 

necessary to ensure they provide adequate health and environmental protection. 

Each time EPA establishes a new or revises an existing NAAQS each state must adopt and 

submit a State Implementation Plan (SIP) for the implementation, maintenance, and enforcement 

of that NAAQS. The SIP must demonstrate that the state meets the requirements of each 

applicable element of Section 110(a)(2) of the CAA. Since many of these elements pertain to the 

basic infrastructure of air quality management programs, such as having the necessary legal 

authority and adequate resources, this SIP is often referred to as an “Infrastructure SIP.” The 

Infrastructure SIP is required by Section 110(a)(1) of the CAA and is due three years after any 

NAAQS is added or revised.

The ozone NAAQS was revised on March 12, 2008.1 The ozone NAAQS began as a total 

photochemical oxidant standard in 1971. In 1979 the standard changed to ozone and was not 

revised again until 1997. In the 2008 NAAQS revision the standard was lowered from 0.08 parts 

per million (ppm) to 0.075 ppm per 8-hour average concentration. This decision was based upon 

the latest review of available scientific information linking health effects to ozone

concentrations. 

Instead of finalizing designations, on September 16, 2009, EPA announced it would reconsider 

the 2008 ozone NAAQS. The infrastructure SIP submission was delayed from the March 2011 

deadline to an anticipated deadline of three years following the completion of the 2008 ozone 

NAAQS reconsideration process. The proposed revision was issued on January 6, 2010 and 

proposed a level within the range of 0.060-0.070 ppm. EPA anticipated finalizing the proposal 

by July 2011. EPA withdrew the rulemaking on September 2, 2011, based on comments by 

President Obama. EPA will work instead on reviewing and potentially revising the 2008 ozone 

NAAQS as part of a periodic NAAQS review required by the CAA. 

Following the President’s request to withdraw the reconsideration of the 2008 ozone NAAQS 

EPA moved forward with the ozone designations process. The entire state of Iowa is designated 

as Unclassifiable/Attainment for the 2008 8-hour ozone NAAQS. The designation was 

published in the Federal Register on May 21, 2012 (77 FR 30088) and became effective July 20, 

2012. 

This document is organized by addressing each pertinent section of CAA section 110 (a)(2) 

requirements and the DNR’s legal authorities and administrative rules. The appendices at the 

end of the document provide additional information on the administrative rule adoptions for this 

1 The revision date is defined as the promulgation date. Promulgation occurs when a NAAQS revision is signed by 

the EPA administrator and publicly disseminated. The final rule was signed on March 12, 2008. It was published 

on March 27, 2008, in 73 FR 16436. The effective date was May 27, 2008.

3

 
SIP, the administrative rule process, public hearing information and the response to public 

comments. 

This SIP revision demonstrates that the DNR has the necessary plans, programs, and statutory 

authority to implement the requirements of Section 110 of the CAA as they pertain to the 2008 

ozone NAAQS. Under the current SIP and Iowa Code 455B.133 the state has the necessary 

infrastructure, resources, and general authority to implement the 2008 ozone NAAQS.

4
Statutory and Regulatory Requirements

Section 110(a)(2)(A) Emission limits and other control measures

“(A) include enforceable emission limitations and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for compliance, as may be necessary or appropriate 

to meet the applicable requirements of this chapter;” (42 USC 7410(a)(2)(A))2

The DNR fulfills the requirements of 110(a)(2)(A) through Iowa law, administrative rules, 

permits, and consent orders. The DNR is the designated agency to prevent, abate, or control air 

pollution (Iowa Code 455B.132). The Environmental Protection Commission (EPC) is the 

governing commission for the environmental services portion of the DNR (Iowa Code 455A.6). 

The EPC has the duty and authority to develop plans for the abatement, control, and prevention 

of air pollution, which includes emission limits and schedules for compliance. The EPC is 

required to adopt, amend, or repeal rules as necessary to obtain approval of the state 

implementation plan (SIP) under section 110 of the federal CAA. Further, the EPC is charged 

with adopting, amending, or repealing ambient air quality standards necessary to protect the 

public health and welfare. EPC also shall adopt, amend or repeal emissions limits relating to the 

maximum quantities of air contaminants that may be emitted from an air contaminant source 

(Iowa Code 455B.133(1-4)). 

Administrative rules establish procedures for compliance with emission limits and variance 

provisions (567 Iowa Administrative Code (IAC) Chapter 21). The 2008 National Ambient Air 

Quality Standards (NAAQS) for ozone was adopted by the EPC into 567 IAC Chapter 28 and 

became effective on November 11, 2009. (Appendix A). The DNR has an established process 

for performing administrative rulemakings (Appendix B).

Iowa has statutory and regulatory authority to establish additional emissions limitations and other 

measures, as necessary to address attainment and maintenance of the ozone standard. The Iowa 

SIP adequately addresses the requirements of section 110(a)(2)(A) for the 2008 ozone NAAQS. 

Specific emissions limits or other control measures necessary to resolve ozone nonattainment or 

monitored NAAQS violations are not part of and thus are not included in the infrastructure SIP.

2 The Clean Air Act was incorporated into the United States Code as Title 42, Chapter 85. More information about the Clean Air 

Act is available at http://www.epa.gov/air/caa/.

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Section 110(a)(2)(B) Ambient air quality monitoring/data system

“(B) provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to—

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator;” (42 USC 

7410(a)(2)(B))

The DNR ambient air quality monitoring program meets the requirements of 110(a)(2)(B). The 

Iowa Code requires the DNR Director to monitor air quality (455B.134(4)). Ambient air 

monitoring is implemented with agreements with the University of Iowa’s State Hygienic 

Laboratory, the Linn County Local Program, and the Polk County Local Program. The ambient 

air quality monitoring program collects air monitoring data, quality assures the results, and 

reports the data. DNR submits an annual monitoring network plan to EPA for approval, 

including plans for its ozone monitoring network, as required by 40 CFR 58.10. Prior to 

submission, Iowa provides the plans for public review on DNR’s web site at 

http://www.iowadnr.gov/InsideDNR/RegulatoryAir/MonitoringAmbientAir.aspx. 

The DNR operates monitors in the largest metropolitan statistical areas,3 monitors to measure 

background concentrations, and transport (Figure 1). Iowa is currently in attainment with the 

2008 ozone standards. 

Figure 1. 2011 Iowa Ozone Monitoring Network.

3 Maximum ozone concentrations are typically measured downwind of a metropolitan statistical area (MSA). The 

site intended to record the maximum ozone concentration resulting from a given MSA may be located outside the 

MSA boundaries.

6

 
Section 110(a)(2)(C) Program for enforcement of control measures

“(C) include a program to provide for the enforcement of the measures described in 

subparagraph (A), and regulation of the modification and construction of any stationary source 

within the areas covered by the plan as necessary to assure that national ambient air quality 

standards are achieved, including a permit program as required in parts C and D of this 

subchapter;” (42 USC 7410(a)(2)(C))

Iowa statute requires the DNR to enforce the requirements of control measures necessary to meet 

the requirements of Section 110(a)(2)(C). The EPC approves administrative rules that establish 

the schedule or range of civil penalties (Iowa Code 455B.109, 567 IAC Chapter 10). The DNR 

Director has the duty and authority to issue orders consistent with administrative rules to control 

air pollution or ensure compliance with permit conditions (Iowa Code 455B.134(9); 455B.138). 

The State of Iowa may seek judicial review and legal action to enforce the rules and regulations 

(Iowa Code 455B.140-141). Criminal penalties may also be sought by the State of Iowa (Iowa 

Code 455B.146A).

The DNR’s compliance program has staff in both the central office and six field offices to ensure 

that industry, businesses, institutions, and individuals are in compliance with state and federal air 

quality regulations. 

DNR is required to implement a SIP approved pre-construction permit and prevention of 

significant deterioration (PSD) program (Iowa Code 455B.133(6); 37 FR 10842, 50 FR 37176, 

and 72 FR 27056). The pre-construction permit program reviews design and performance 

objectives for sources of air contaminants to determine their likely compliance with state and 

federal requirements. New facilities must be designed to meet emissions standards and shall not 

cause or contribute to a violation of ambient air quality standards. DNR is prohibited from 

issuing a permit if the project would result in violation of emission limits or other provisions in 

the SIP (567 IAC Chapters 22-23 and 33).

The DNR also is required to implement a fully approved operating permit program (Iowa Code 

455B.133(8), 567 IAC Chapter 22) which is commonly known as Title V. A Title V facility, 

also referred to as a major stationary source of air pollutants, is a facility that has the potential to 

emit 100 tons per year (tpy) or more of any air pollutant subject to regulation; or the potential to 

emit 10 tpy or more of any individual hazardous air pollutant; the potential to emit 25 tpy or 

more of any combination of hazardous air pollutants; or the potential to emit equal to or greater 

than 100,000 tpy CO2e, and 100 tpy GHGs mass basis.

A Title V operating permit incorporates into one document all of the pre-construction permits

and state and federal regulatory requirements of the air quality program for each facility that is a 

major source of air pollution. The operating permit includes provisions describing how 

compliance with each requirement will be maintained on a continuous basis. Facilities are 

required to provide semi-annual emissions monitoring reports and an annual compliance 

certification report. The Title V operating permit provides a comprehensive review of a 

facility’s requirements under the Act. 

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Section 110(a)(2)(D) Interstate transport 

“(D) contain adequate provisions—

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type 

of emissions activity within the State from emitting any air pollutant in amounts which 

will—

(I) contribute significantly to nonattainment in, or interfere with maintenance by, 

any other State with respect to any such national primary or secondary ambient 

air quality standard, or 

(II) interfere with measures required to be included in the applicable 

implementation plan for any other State under part C of this subchapter to 

prevent significant deterioration of air quality or to protect visibility, 

(ii) insuring compliance with the applicable requirements of sections 7426 and 7415 of 

this title (relating to interstate and international pollution abatement);” (42 USC 

7410(a)(2)(D))

Iowa will address Section 110(a)(2)(D)(i)(I) in a manner consistent with the D.C. Circuit Court 

of Appeal’s decision in EME Homer City Generation, L.P v. EPA, No. 11-1302, issued August 

21, 2012.

The visibility requirements of section 110(a)(2)(D)(i)(II) are being addressed under the regional 

haze program. The DNR submitted the initial regional haze SIP to EPA in March 2008.

The Department’s implementation of the SIP approved pre-construction review and PSD 

program prevents source emissions in Iowa from interfering with any other state’s part C 

program (as required by 110(a)(2)(D)(i)(II)) and fulfills the notification requirements of section 

110(a)(2)(D)(ii). 

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Section 110(a)(2)(E) Adequate authority and resources

“(E) provide 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 

(ii) requirements that the State comply with the requirements respecting State boards 

under section 7428 of this title, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision;”

(42 USC 7410(a)(2)(E))

The DNR has adequate personnel, funding, and authority to fulfill the requirements of the SIP. 

Detailed information on authority is listed above in the portion on Section 110(a)(2)(A). There 

are no legal impediments to implementing the 2008 ozone NAAQS. The program’s budget is 

funded by the State General Fund, the State Environment First Fund, EPA grants authorized 

under CAA section 103 and 105, and Title V fees. More information on Title V fees is provided 

under CAA Section 110(a)(2)(L). EPA conducts periodic program reviews to ensure that the 

state has adequate resources and funding to implement the SIP.

As indicated earlier, the EPC was established in Iowa Code 455A.6. Members of the EPC must 

comply with ethics, gift restrictions, and conflict of interest requirements as outlined in Iowa law 

(Iowa Code 68B, 69). The Governor’s Office provides annual training to new board and 

commission members to explain the requirements.

DNR has delegated the duties for the abatement, control, and prevention of air pollution to the 

Linn County Health Department Air Quality Division and the Polk County Public Works Air 

Quality Division, for each of their respective counties (Iowa Code 455B.144-146). Linn County 

and Polk County programs were initially approved into the SIP in 1989 (54 FR 33526, 54 FR 

33528).

DNR and the Linn & Polk County Local Programs annually negotiate and sign comprehensive 

letters of agreement or contracts. Program emphasis is placed on the collection and assessment 

of information regarding air quality, the permitting of sources of air emissions, the enforcement 

of emission limits and the attainment and maintenance of ambient air quality standards. Funding 

for activities in the scope of work under each contract is paid for by a portion of the DNR’s EPA 

grants under sections 103 and 105 of the CAA, and Title V fees. DNR conducts biennial 

program reviews.

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Section 110(a)(2)(F) Stationary source monitoring system

“(F) require, as may be prescribed by the Administrator—

(i) the installation, maintenance, and replacement of equipment, and the implementation 

of other necessary steps, by owners or operators of stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and 

(iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public inspection;” (42 USC 7410(a)(2)(F))

Administrative rules (567 IAC Chapter 25) provide detailed requirements for owners or 

operators of stationary sources to monitor emissions. Stack testing observation (Iowa Code 

455B.134(4)) ensures the quality of emissions data. The data quality may be assured through 

field test audits and reviewing test reports. The field audits consist of making sure the correct 

methodology is followed, approving on-site variations, ensuring the tested emission source is 

operating in an acceptable manner, and answering questions posed by the testing group and the 

facility. The report review verifies the test results by checking the calculations and lab analysis. 

A stack test summary is generated and the compliance status of the emission point is determined.

DNR also receives and reviews annual compliance certifications and semi-annual monitoring 

reports required under the Title V program (Iowa Code 455B.133(8), 567 IAC Chapter 22). 

Information collected though emission inventories are submitted to EPA in accordance with the 

federal Air Emissions Reporting rule.

Iowa uses this information to track progress towards maintaining the NAAQS, developing 

control and maintenance strategies, identifying sources and general emission levels, and 

determining compliance with emission regulations and additional EPA requirements. The 

reports are available to the public at the DNR’s Records Center during normal business hours 

with some reports available electronically. DocDNA is the DNR’s electronic records system for 

many public records. A link to DocDNA and the access information is on our website at 

hww.iowadnr.gov/InsideDNR/RegulatoryAir/PublicRecordsAirQuality.aspx. The information is 

at the bottom of the page under Online Searches, and DocDNA.

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Section 110(a)(2)(G) Emergency power

“(G) provide for authority comparable to that in section 7603 of this title and adequate 

contingency plans to implement such authority;” (42 USC 7410(a)(2)(G))

The DNR Director has the authority to issue an emergency order if any person is causing air 

pollution which requires immediate action to protect public health and safety (Iowa Code 

455B.139). Administrative rules (567 IAC Chapter 26) have been developed to prevent the 

excessive buildup of air contaminants and have been previously approved into the SIP (74 FR 

68761).

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Section 110(a)(2)(H) Future SIP revisions

“(H) provide for revision of such plan—

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter;” (42 

USC 7410(a)(2)(H))

Iowa is required to adopt, amend, or repeal rules pertaining to the evaluation, abatement, control,

and prevention of air pollution which may be necessary to ensure that Iowa complies with 

section 110 of the federal CAA (Iowa Code 455B.133(2)). This includes a requirement to revise 

rules as necessary to respond to a revised NAAQS and to respond to EPA findings of substantial 

inadequacy.

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Section 110(a)(2)(I) Nonattainment areas

“(I) in the case of a plan or plan revision for an area designated as a nonattainment area, meet 

the applicable requirements of part D of this subchapter (relating to nonattainment areas);” (42 

USC 7410(a)(2)(I))

The EPC has the authority to meet the requirements of section 110(a)(2)(I) (Iowa Code 

455B.133(1-2, 4)).

13
Section 110(a)(2)(J) Consultation with government officials; Public 

notification; PSD and visibility protection

“(J) meet the applicable requirements of section 7421 of this title (relating to consultation), 

section 7427 of this title (relating to public notification), and part C of this subchapter (relating 

to prevention of significant deterioration of air quality and visibility protection);” (42 USC 

7410(a)(2)(J))

§ 7421. Consultation

“In carrying out the requirements of this chapter requiring applicable implementation 

plans to contain—

(1) any transportation controls, air quality maintenance plan requirements or 

preconstruction review of direct sources of air pollution, or 

(2) any measure referred to—

(A) in part D of this subchapter (pertaining to nonattainment requirements), or 

(B) in part C of this subchapter (pertaining to prevention of significant 

deterioration), 

and in carrying out the requirements of section 7413 (d)[...] of this title (relating to 

certain enforcement orders), the State shall provide a satisfactory process of consultation 

with general purpose local governments, designated organizations of elected officials of 

local governments and any Federal land manager having authority over Federal land to 

which the State plan applies, effective with respect to any such requirement which is 

adopted more than one year after August 7, 1977, as part of such plan. Such process 

shall be in accordance with regulations promulgated by the Administrator to assure 

adequate consultation. The Administrator shall update as necessary the original 

regulations required and promulgated under this section (as in effect immediately before 

November 15, 1990) to ensure adequate consultation. Only a general purpose unit of 

local government, regional agency, or council of governments adversely affected by 

action of the Administrator approving any portion of a plan referred to in this subsection 

may petition for judicial review of such action on the basis of a violation of the 

requirements of this section.” (42 USC 7421)

DNR has the duty and authority and resources to meet the requirements of section 7421 

including consultation for transportation controls, air quality maintenance plan requirements, or 

preconstruction review. The DNR also is required to provide a satisfactory process of 

consultation with local government, designated organizations of elected officials of local 

governments such as council of governments, and applicable federal land managers to carry out 

the consultation requirements of section 7421 (455B.133(1,4)).

The DNR provides a copy of a PSD permit to EPA prior to the start of the public comment 

process. Public notifications of proposed PSD projects are published in the Des Moines 

Register’s Legal Publications and in the legal publication section of the newspaper with the 

largest circulation in the area of the PSD source. The notification contains the notice of 

application; preliminary determination; degree of increment consumption; opportunity for 

comment at a public hearing as well as written comment. A copy of the notice of public 

comment is then sent to the applicant; the regional EPA office, the DNR Field Office; and 

14
officials and agencies having an interest in the proposed construction. Examples of such 

officials and agencies include but are not limited to the following: chief executives of the city 

and county (i.e. mayor, city administrator, board of supervisors, health department); any 

comprehensive regional land use planning agency; state or federal land manager and any Indian 

governing body whose lands may be affected by the emissions from the source or modification 

(567 Chapter 33.3(17)).

§ 7427. Public notification

“(a) Warning signs; television, radio, or press notices or information 

Each State plan shall contain measures which will be effective to notify the public during 

any calendar4 on a regular basis of instances or areas in which any national primary 

ambient air quality standard is exceeded or was exceeded during any portion of the 

preceding calendar year to advise the public of the health hazards associated with such 

pollution, and to enhance public awareness of the measures which can be taken to 

prevent such standards from being exceeded and the ways in which the public can 

participate in regulatory and other efforts to improve air quality. Such measures may 

include the posting of warning signs on interstate highway access points to metropolitan 

areas or television, radio, or press notices or information.” (42 USC 7427(a))

DNR has the duty, authority, and resources to meet the requirements of section 7427(a) to notify 

the public regarding exceedances of the NAAQS which include public awareness measures 

which can be taken to prevent exceedances (455B.133(2), 455B.134(7)). The DNR utilizes press 

releases, online reports, and list serves to notify the public of exceedances. Awareness messages 

are included in these outreach methods as well as in public meetings. 

DNR holds quarterly air quality client contact meetings to focus on current and upcoming air 

program issues and changes. The meetings provide an open forum for stakeholders and the 

general public to discuss new state and federal air quality rules or air program developments and 

are a good source of information for anyone who works with or has an interest in activities 

related to air quality. 

The DNR’s Environmental Services Division (ESD) holds a monthly client contact group 

meeting prior to the EPC meetings. The ESD client contact group is an open forum to discuss 

issues related to all of the department's environmental programs.

4 So in original. Probably should be “calendar year”.

(http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00007427----000-.html#FN-1)

15

 
Section 110(a)(2)(K) Air quality modeling/data

“(K) provide for—

(i) the performance of such air quality modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator;” (42 USC 7410(a)(2)(K))

The DNR has the authority to conduct air dispersion modeling to complete an ambient air impact 

analyses (Iowa Code 455B.133 (1-2)). Air dispersion modeling analyses are used to predict 

ground level ambient air concentrations of pollutants and compare those levels to ambient air 

quality standards. DNR is prohibited from issuing a permit if the project would result in or 

significantly contribute to a violation of the ambient air quality standards (567 IAC 22.3(1)) or 

other provisions in the federally approved SIP (567 IAC Chapters 22-23 and 33).

Air dispersion modeling allows the impacts of the pollution from a proposed air pollution source 

to be determined before a source is constructed or modified. The air dispersion modeling is 

conducted with an EPA approved model that uses mathematical formulations and information 

about the source emissions along with the local terrain and meteorological data to predict 

pollutant concentrations at locations selected by the user.

Modeling is conducted in accordance with Department’s modeling guidelines and with Appendix 

W of 40 CFR Part 51. DNR has the authority to collect and report data to EPA, upon request 

(Iowa Code 455B.134 (5, 7)).

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Section 110(a)(2)(L) Permitting fees

“(L) require the owner or operator of each major stationary source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to cover—

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any enforcement action),” (42 USC 

7410(a)(2)(L))

The Title V program requires permit holders to pay a fee sufficient to cover all reasonable direct 

and indirect costs required to develop and administer the Title V program requirements (42 

U.S.C. 7661a). The CAA (Section 502(b)(3)(A)) and the Code of Federal Regulations (40 CFR 

70.9) outlines expected Title V program activities and allows states some flexibility in how they 

design their Title V programs and fee schedules. DNR uses the EPA guidance, “Matrix of Title 

V-Related and Air Grant Eligible Activities” to determine which program activities are necessary 

for the development and implementation of a Title V operating permit program (455B.133(8)).

In Iowa, the Title V fee is currently based on the first 4,000 chargeable tons of each regulated air 

pollutant emitted each year from each major stationary source. No fees are paid for emissions in 

excess of 4,000 tons of each regulated air pollutant or on carbon monoxide or other pollutants 

exempt from fees by IAC 22.100. Fees are deposited into the air contaminant source fund (Iowa 

Code 455B.133B).

Each March the DNR presents an estimated or proposed budget to cover the reasonable cost of 

administering the Title V program to the EPC. Each May the EPC sets the Title V fee. The 

DNR calculates the Title V fee by dividing the estimated budget for the upcoming state fiscal 

year by the chargeable emissions as reported by facilities each March 31. The annual fee must 

be set at or below the maximum Title V fee, which can be changed through administrative 

rulemaking (567 IAC 22.106(1)).

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Section 110(a)(2)(M) Consultation/participation by affected local 

entities

“(M) provide for consultation and participation by local political subdivisions affected by the 

plan.” (42 USC 7410(a)(2)(M))

DNR has delegated authority to Linn County Health Department Air Quality Division and the 

Polk County Public Works Air Quality Division (Local Programs) to conduct programs for the 

abatement, control, and prevention of air pollution in their respective county (Iowa Code 

455B.144-146).

The Local Programs are required to meet all the requirements of 567 IAC Chapter 27 to keep 

their status. The Local Programs issue permits, perform compliance inspections, respond to air 

quality complaints, and maintain a network of monitors for ambient air in each respective 

county.

The Local Programs have adopted air quality ordinances to implement federal, state, and local air 

pollution control requirements. The ordinances cannot be less stringent than federal or state 

standards; however, they can be more stringent. The ordinances are incorporated into the SIP in 

the same manner that the IAC is incorporated into the SIP.

Each year DNR negotiates an agreement to pass through federal funds and provide Title V funds 

sufficient to implement the programs. Revenue from local fee systems provides additional 

funding and required match to a portion of the pass through federal funds. The contracts are 

approved by the EPC for each new state fiscal year. DNR conducts biennial audits to ensure the 

Local Programs are meeting all requirements of the contract.

Both the DNR and the Local Programs’ administrative processes provide a public comment 

period. The comment period provides an opportunity for other local political subdivisions that 

may be affected by the plan to comment.

DNR frequently holds public meetings, like the quarterly air quality client contact meetings. The 

open forum allows stakeholders and the general public to dialogue on a variety of topics. The 

DNR also communicates using press releases, online reports, and list serves. Rulemakings are 

also published on the DNR’s website and in the Iowa Administrative Bulletin.

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Legal Authority

The DNR is the primary state agency responsible for protecting the environment, as indicated in 

the Iowa Code § 455A. The Environmental Protection Commission, established in the Iowa 

Code § 455A.6, is the governing commission for the environmental protection portion of the 

DNR. The DNR’s authority is provided under Iowa Code § 455B.133 and 455B.134 which are 

listed below. Additional information on the Iowa Code is at 

http://www.legis.iowa.gov/IowaLaw/statutoryLaw.aspx.

455B.133 Duties.

The commission shall:

1. Develop comprehensive plans and programs for the abatement, control, and prevention of air 

pollution in this state, recognizing varying requirements for different areas in the state. The 

plans may include emission limitations, schedules and timetables for compliance with the 

limitations, measures to prevent the significant deterioration of air quality and other measures as 

necessary to assure attainment and maintenance of ambient air quality standards.

2. Adopt, amend, or repeal rules pertaining to the evaluation, abatement, control, and prevention 

of air pollution. The rules may include those that are necessary to obtain approval of the state 

implementation plan under section 110 of the federal Clean Air Act as amended through January 

1, 1991.

3. Adopt, amend, or repeal ambient air quality standards for the atmosphere of this state on the 

basis of providing air quality necessary to protect the public health and welfare and to reduce 

emissions contributing to acid rain pursuant to Tit. IV of the federal Clean Air Act Amendments 

of 1990.

4. Adopt, amend, or repeal emission limitations or standards relating to the maximum quantities 

of air contaminants that may be emitted from any air contaminant source. The standards or 

limitations adopted under this section shall not exceed the standards or limitations promulgated 

by the administrator of the United States environmental protection agency or the requirements of 

the federal Clean Air Act as amended through January 1, 1991. This does not prohibit the 

commission from adopting a standard for a source or class of sources for which the United States 

environmental protection agency has not promulgated a standard. This also does not prohibit the 

commission from adopting an emission standard or limitation for infectious medical waste 

treatment or disposal facilities which exceeds the standards or limitations promulgated by the 

administrator of the United States environmental protection agency or the requirements of the 

federal Clean Air Act as amended through January 1, 1991. The commission shall not adopt an 

emission standard or limitation for infectious medical waste treatment or disposal facilities prior 

to January 1, 1995, which exceeds the standards or limitations promulgated by the administrator 

of the United States environmental protection agency or the requirements of the federal Clean 

Air Act, as amended through January 1, 1991, for a hospital, or a group of hospitals, licensed

under chapter 135B which has been operating an infectious medical waste treatment or disposal 

facility prior to January 1, 1991.

19
a. (1) The commission shall establish standards of performance unless in the judgment of 

the commission it is not feasible to adopt or enforce a standard of performance. If it is not 

feasible to adopt or enforce a standard of performance, the commission may adopt a 

design, equipment, material, work practice or operational standard, or combination of 

those standards in order to establish reasonably available control technology or the lowest 

achievable emission rate in nonattainment areas, or in order to establish best available 

control technology in areas subject to prevention of significant deterioration review, or in 

order to adopt the emission limitations promulgated by the administrator of the United 

States environmental protection agency under section 111 or 112 of the federal Clean Air 

Act as amended through January 1, 1991.

(2) If a person establishes to the satisfaction of the commission that an alternative means 

of emission limitation will achieve a reduction in emissions of an air pollutant at least 

equivalent to the reduction in emissions of the air pollutant achieved under the design,

equipment, material, work practice or operational standard, the commission shall amend

its rules to permit the use of the alternative by the source for purposes of compliance with

this paragraph with respect to the pollutant.

(3) A design, equipment, material, work practice or operational standard promulgated

under this paragraph shall be promulgated in terms of a standard of performance when it

becomes feasible to promulgate and enforce the standard in those terms.

(4) For the purpose of this paragraph, the phrase “not feasible to adopt or enforce a 

standard of performance” refers to a situation in which the commission determines that 

the application of measurement methodology to a particular class of sources is not 

practicable due to technological or economic limitations.

b. If the maximum standards for the emission of sulfur dioxide from solid fuels have to be

reduced in an area to meet ambient air quality standards, a contract for coal produced in Iowa

and burned by a facility in that area that met the sulfur dioxide emission standards in effect at the 

time the contract went into effect shall be exempted from the decreased requirement until the 

expiration of the contract period or December 31, 1983, whichever first occurs, if there is any 

other reasonable means available to satisfy the ambient air quality standards. To qualify under 

this subsection, the contract must be recorded with the county recorder of the county where the 

burning facility is located within thirty days after the signing of the contract.

c. The degree of emission limitation required for control of an air contaminant under an emission 

standard shall not be affected by that part of the stack height of a source that exceeds good 

engineering practice, as defined in rules, or any other dispersion technique. This paragraph shall 

not apply to stack heights in existence before December 30, 1970, or dispersion techniques 

implemented before that date.

5. Classify air contaminant sources according to levels and types of emissions, and other

characteristics which relate to air pollution. The commission may require, by rule, the owner or 

operator of any air contaminant source to establish and maintain such records, make such reports, 

install, use and maintain such monitoring equipment or methods, sample such emissions in 

20
accordance with such methods at such locations and intervals, and using such procedures as the 

commission shall prescribe, and provide such other information as the commission may 

reasonably require. Such classifications may be for application to the state as a whole, or to any 

designated area of the state, and shall be made with special reference to effects on health, 

economic and social factors, and physical effects on property.

6. a. Require, by rules, notice of the construction of any air contaminant source which may cause 

or contribute to air pollution, and the submission of plans and specifications to the department, or 

other information deemed necessary, for the installation of air contaminant sources and related 

control equipment. The rules shall allow the owner or operator of a major stationary source to 

elect to obtain a conditional permit in lieu of a construction permit. The rules relating to a 

conditional permit for an electric power generating facility subject to chapter 476A and other 

major stationary sources shall allow the submission of engineering descriptions, flow diagrams 

and schematics that quantitatively and qualitatively identify emission streams and alternative 

control equipment that will provide compliance with emission standards. Such rules shall not 

specify any particular method to be used to reduce undesirable levels of emissions, nor type, 

design, or method of installation of any equipment to be used to reduce such levels of emissions, 

nor the type, design, or method of installation or type of construction of any manufacturing 

processes or kinds of equipment, nor specify the kind or composition of fuels permitted to be 

sold, stored, or used unless authorized by subsection 4 of this section.

b. The commission may give technical advice pertaining to the construction or installation of the 

equipment or any other recommendation.

7. Commission rules establishing maximum permissible sulfate content shall not apply to an 

expansion of an industrial anaerobic lagoon facility which was constructed prior to February 22, 

1979.

8. a. Adopt rules consistent with the federal Clean Air Act Amendments of 1990, Pub. L. No. 

101-549, which require the owner or operator of an air contaminant source to obtain an operating 

permit prior to operation of the source. The rules shall specify the information required to be 

submitted with the application for a permit and the conditions under which a permit may be 

granted, modified, suspended, terminated, revoked, reissued, or denied. For sources subject to 

the provisions of Tit. IV of the federal Clean Air Act Amendments of 1990, permit conditions 

shall include emission allowances for sulfur dioxide emissions. The commission may impose 

fees, including fees upon regulated pollutants emitted from an air contaminant source, in an 

amount sufficient to cover all reasonable costs, direct and indirect, required to develop and 

administer the permit program in conformance with the federal Clean Air Act Amendments of 

1990, Pub. L. No. 101-549. Affected units regulated under Tit. IV of the federal Clean Air Act 

Amendments of 1990, Pub. L. No. 101-549, shall pay operating permit fees in the same manner 

as other sources subject to operating permit requirements, except as provided in section 408 of 

the federal Act. The fees collected pursuant to this subsection shall be deposited in the air 

contaminant source fund created pursuant to section 455B.133B, and shall be utilized solely to 

cover all reasonable costs required to develop and administer the programs required by Tit. V of 

the federal Clean Air Act Amendments of 1990, Pub. L. No. 101-549, including the permit 

21
program pursuant to section 502 of the federal Act and the small business stationary source 

technical and environmental assistance program pursuant to section 507 of the federal Act.

b. Adopt rules allowing the department to issue a state operating permit to an owner or operator 

of an air contaminant source. The state operating permit granted under this paragraph may only 

be issued at the request of an air contaminant source and will be used to limit its potential to emit 

to less than one hundred tons per year of a criteria pollutant as defined by the United States 

environmental protection agency or ten tons per year of a hazardous air pollutant or twenty-five 

tons of any combination of hazardous air pollutants.

c. Adopt rules for the issuance of a single general permit, after notice and opportunity for a 

public hearing. The single general permit shall cover numerous sources to the extent that the 

sources are representative of a class of facilities which can be identified and conditioned by a 

single permit.

9. Adopt rules allowing asphalt shingles to be burned in a fire set for the purpose of bona fide 

training of public or industrial employees in fire fighting methods only if a notice is provided to 

the director containing testing results indicating that the asphalt shingles do not contain asbestos. 

Each fire department shall be permitted to host two fires per year as allowed under this 

subsection.

10. Adopt rules allowing a city to conduct a controlled burn of a demolished building subject to 

the requirements that are in effect for the proper removal of all asbestos-containing materials 

prior to demolition and burning. The rules shall include provisions that a burn site have 

controlled access, that a burn site be supervised by representatives of the city at all times, and 

that the burning be conducted only when weather conditions are favorable with respect to 

surrounding property. For a burn site located outside of a city, the rules shall include a provision 

that a city may undertake not more than one such controlled burn per day and that a burn site be 

limited to an area located at least six-tenths of a mile from any inhabited building. For burn sites 

located within a city, the rules shall include a provision that a city may undertake not more than 

one such controlled burn in every six-tenths-of-a-mile-radius circle in each calendar year. The 

rules shall prohibit a controlled burn of a demolished building in Cedar Rapids, Marion, 

Hiawatha, Council Bluffs, Carter Lake, Des Moines, West Des Moines, Clive, Windsor Heights, 

Urbandale, Pleasant Hill, Buffalo, Davenport, Mason City, or any other area where area-specific 

state implementation plans require the control of particulate matter.

[C71, §136B.4; C73, 75, 77, 79, 81, §455B.12; 82 Acts, ch 1124, §1] 

C83, §455B.133 

91 Acts, ch 242, §1; 91 Acts, ch 255, §8; 92 Acts, ch 1163, §87 – 89; 93 Acts, ch 137, §3; 94 Acts, ch 1040, §1; 95 

Acts, ch 2, §1; 2002 Acts, ch 1162, §45; 2002 Acts, 2nd Ex, ch 1003, §241, 262; 2004 Acts, ch 1138, §1; 2010 Acts, 

ch 1061, §180

22
455B.134 Director — duties — limitations.

The director shall:

1. Publish and administer the rules and standards established by the commission. The department 

shall furnish a copy of such rules or standards to any person upon request.

2. Provide technical, scientific, and other services required by the commission or for the effective 

administration of this division II and chapter 459, subchapter II.

3. Grant, modify, suspend, terminate, revoke, reissue or deny permits for the construction or 

operation of new, modified, or existing air contaminant sources and for related control

equipment, and conditional permits for electric power generating facilities subject to chapter

476A and other major stationary sources, subject to the rules adopted by the commission. The 

department shall furnish necessary application forms for such permits.

a. No air contaminant source shall be installed, altered so that it significantly affects emissions, 

or placed in use unless a construction or conditional permit has been issued for the source.

b. The condition of expected performance shall be reasonably detailed in the construction or 

conditional permit.

c. All applications for permits other than conditional permits for electric generating facilities 

shall be subject to such notice and public participation as may be provided by rule by the 

commission. Upon denial or limitation of a permit other than a conditional permit for an electric 

generating facility, the applicant shall be notified of such denial and informed of the reason or 

reasons therefor, and such applicant shall be entitled to a hearing before the commission.

d. (1) All applications for conditional permits for electric power generating facilities shall 

be subject to such notice and opportunity for public participation as may be consistent

with chapter 476A or any agreement pursuant thereto under chapter 28E. The applicant or

intervenor may appeal to the commission from the denial of a conditional permit or any 

of its conditions. For the purposes of chapter 476A, the issuance or denial of a 

conditional permit by the director or by the commission upon appeal shall be a 

determination that the electric power generating facility does or does not meet the permit 

and licensing requirements of the commission. The issuance of a conditional permit shall 

not relieve the applicant of the responsibility to submit final and detailed construction 

plans and drawings and an application for a construction permit for control equipment 

that will meet the emission limitations established in the conditional permit.

(2) In applications for conditional permits for electric power generating facilities, the

applicant shall quantify the potential to emit greenhouse gas emissions due to the 

proposed project.

e. A regulated air contaminant source for which a construction permit or conditional permit has 

been issued shall not be operated unless an operating permit also has been issued for the source. 

However, if the facility was in compliance with permit conditions prior to the requirement for an 

operating permit and has made timely application for an operating permit, the facility may 

23
continue operation until the operating permit is issued or denied. Operating permits shall contain 

the requisite conditions and compliance schedules to ensure conformance with state and federal 

requirements including emission allowances for sulfur dioxide emissions for sources subject to 

Tit. IV of the federal Clean Air Act Amendments of 1990. If construction of a new air 

contaminant source is proposed, the department may issue an operating permit concurrently with 

the construction permit, if possible and appropriate.

f. (1) Notwithstanding any other provision of division II of this chapter or chapter 459,

subchapter II, the following siting requirements shall apply to anaerobic lagoons and 

earthen waste slurry storage basins:

(a) Anaerobic lagoons, constructed or expanded on or after June 20, 1979, but prior to 

May 31, 1995, or earthen waste slurry storage basins, constructed or expanded on or after 

July 1, 1990, but prior to May 31, 1995, which are used in connection with animal 

feeding operations containing less than six hundred twenty-five thousand pounds live 

animal weight capacity of animal species other than beef cattle or containing less than 

one million six hundred thousand pounds live animal weight capacity of beef cattle, shall 

be located at least one thousand two hundred fifty feet from a residence not owned by the 

owner of the feeding operation or from a public use area other than a public road. 

Anaerobic lagoons or earthen waste slurry storage basins, which are used in connection 

with animal feeding operations containing six hundred twenty-five thousand pounds or 

more live animal weight capacity of animal species other than beef cattle or containing 

one million six hundred thousand pounds or more live animal weight capacity of beef 

cattle, shall be located at least one thousand eight hundred seventy-five feet from a 

residence not owned by the owner of the feeding operation or from a public use area 

other than a public road. For the purpose of this paragraph the determination of live 

animal weight capacity shall be based on the average animal weight capacity during a 

production cycle and the maximum animal capacity of the animal feeding operation.

(b) Anaerobic lagoons which are used in connection with industrial treatment of

wastewater where the average wastewater discharge flow is one hundred thousand 

gallons per day or less shall be located at least one thousand two hundred fifty feet from a 

residence not owned by the owner of the lagoon or from a public use area other than a 

public road. Anaerobic lagoons which are used in connection with industrial treatment of 

wastewater where the average wastewater discharge flow is greater than one hundred 

thousand gallons per day shall be located at least one thousand eight hundred seventyfive feet from a residence not owned by the owner of the lagoon or from a public use area 

other than a public road. These separation distances apply to the construction of new 

facilities and the expansion of existing facilities.

(2) A person may build or expand an anaerobic lagoon or an earthen waste slurry storage

basin closer to a residence not owned by the owner of the anaerobic lagoon or to a public

use area than is otherwise permitted by subparagraph (1) of this paragraph, if the affected

landowners enter into a written agreement with the anaerobic lagoon owner to waive the

separation distances under such terms the parties negotiate. The written agreement 

24
becomes effective only upon recording in the office of the recorder of deeds of the county 

in which the residence is located.

g. All applications for construction permits or prevention of significant deterioration permits 

shall quantify the potential to emit greenhouse gas emissions due to the proposed project.

4. Determine by field studies and sampling the quality of atmosphere and the degree of air 

pollution in this state or any part thereof.

5. Conduct and encourage studies, investigations, and research relating to air pollution and its 

causes, effects, abatement, control, and prevention.

6. Provide technical assistance to political subdivisions of this state requesting such aid for the 

furtherance of air pollution control.

7. Collect and disseminate information, and conduct educational and training programs, relating 

to air pollution and its abatement, prevention, and control.

8. Consider complaints of conditions reported to, or considered likely to, constitute air pollution, 

and investigate such complaints upon receipt of the written petition of any state agency, the 

governing body of a political subdivision, a local board of health, or twenty-five affected 

residents of the state.

9. Issue orders consistent with rules to cause the abatement or control of air pollution, or to 

secure compliance with permit conditions. In making the orders, the director shall consider the 

facts and circumstances bearing upon the reasonableness of the emissions involved, including 

but not limited to, the character and degree of injury to, or interference with, the protection of 

health and the physical property of the public, the practicability of reducing or limiting the 

emissions from the air pollution source, and the suitability or unsuitability of the air pollution 

source to the area where it is located. An order may include advisory recommendations for the 

control of emissions from an air contaminant source and the reduction of the emission of air 

contaminants.

10. Encourage voluntary cooperation by persons or affected groups in restoring and preserving a 

reasonable quality of air within the state.

11. Encourage political subdivisions to handle air pollution problems within their respective 

jurisdictions.

12. Review and evaluate air pollution control programs conducted by political subdivisions of 

the state with respect to whether the programs are consistent with the provisions of division II of 

this chapter and chapter 459, subchapter II, and rules adopted by the commission.

13. Hold public hearings, except when the evidence to be received is confidential pursuant to 

section 455B.137, necessary to accomplish the purposes of division II of this chapter and chapter 

459, subchapter II. The director may issue subpoenas requiring the attendance of witnesses and 

25
the production of evidence pertinent to the hearings. A subpoena shall be issued and enforced in 

the same manner as in civil actions.

14. Convene meetings not later than June 1 during the second calendar year following the 

adoption of new or revised federal ambient air quality standards by the United States

environmental protection agency to review emission limitations or standards relating to the 

maximum quantities of air contaminants that may be emitted from any air contaminant source as 

provided in section 455B.133, subsection 4. By November 1 of the same calendar year, the 

department shall submit a report to the governor and the general assembly regarding 

recommendations for law changes necessary for the attainment of the new or revised federal 

standards.

[C71, §136B.4, 136B.5; C73, 75, 77, 79, §455B.12, 455B.13; C81, §455B.13; 82 Acts, ch 1124, §2, 3]

C83, §455B.134

86 Acts, ch 1245, §1899; 90 Acts, ch 1153, §2, 3; 91 Acts, ch 255, §11 - 13; 93 Acts, ch 137, §4; 95 Acts, ch 195, 

§14; 2007 Acts, ch 120, §2, 3; 2010 Acts, ch 1115, §1; 2011 Acts, ch 25, §49, 50

For regulations establishing separation distances between anaerobic lagoons or earthen manure storage structures 

constructed or expanded on or after May 31, 1995, and various locations and objects, see chapter 459

For regulations governing the construction of earthen storage structures within agricultural drainage well areas, see 

chapter 460

Subsection 3, paragraph d, subparagraph (2) amended

Subsection 3, paragraph g amended 

26
567 Iowa Administrative Code Chapters for Air Quality

Chapters 20-29, 31, and 33-34 of 567 Iowa Administrative Code contain the administrative rules 

that allow for the implementation of the relevant air quality laws contained in Iowa statute and 

the CAA, including Section 110. 

• Chapter 20 provides general definitions and rules of practice. 

• Provisions for compliance schedules are found in Chapter 21. 

• Standards and procedures for the permitting of emission sources, periodic monitoring, 

and requirements for nonattainment areas are found in Chapter 22. 

• Air emission standards for contaminants are found in Chapter 23. 

• Chapter 24 provides for the reporting of excess emissions and the equipment maintenance 

and repair requirements. 

• Testing and sampling requirements for new and existing sources are found in Chapter 25. 

• Chapter 26 identifies air pollution emergency episodes and the preplanned abatement 

strategies for ozone. 

• Conditions that political subdivisions must meet in order to secure acceptance of a local 

air pollution control program are set forth in Chapter 27. 

• Chapter 28 identifies the state’s adopted ambient air quality standards. 

• Qualifications for observers of visible emission are found in Chapter 29. 

• Chapter 31 contains the conformity of general federal actions to the Iowa state 

implementation plan or federal implementation plan. 

• Chapter 33 contains special regulations and construction permit requirements for major 

stationary sources and includes the requirements for PSD. 

• Provisions for air quality emissions trading programs are found in Chapter 34.

The Environmental Protection Commission adopted the 2008 ozone NAAQS on September 15, 

2009. The final rule was published in the Iowa Administrative Bulletin on October 7, 2009 in 

Volume XXXII, Number 8, ARC 8215B. The rule was effective on November 11, 2009. A 

copy of this publication is in Appendix A. The adoption of the 2008 ozone NAAQS is in item 18 

of the final rule.

27
Public Comment & Hearing

28
APPENDICES

29
Appendix A: Iowa’s 2008 Ozone NAAQS Adoption

30
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Appendix B: Rulemaking and Public Participation Process

The DNR’s rulemaking process is governed by Iowa Code § 17A, also referred to as the Iowa 

Administrative Procedure Act (IAPA). The IAPA details the procedures and format of state 

agency rulemakings. All rulemakings must be adopted within 180 days following either the 

published notice or the last date of the oral presentations on the proposed rule, whichever is later. 

Administrative rules are approved by the Environmental Protection Commission (EPC) as 

authorized under Iowa Code 455A.6.

Additional requirements associated with the rulemaking process are contained in Executive 

Orders (EO) 71 and 80. EO 71 requires agencies to take steps to minimize the adverse impact on 

jobs and the development of new employment opportunities before proposing a rule. 

Documentation of these steps is completed by submitting a Jobs Impact Statement to the 

Administrative Rules Coordinator prior to publication of notice of intended action. The Jobs 

Impact Statement is published as part of the preamble to the notice of rulemaking in the Iowa 

Administrative Bulletin (IAB). Agencies accept comments and information from stakeholders to 

assist in preparing the Jobs Impact Statement. 

EO 80 directs agencies to create stakeholder groups for specific rulemaking activities if 

requested to do so by the agency director or the Administrative Rules Coordinator. Stakeholder 

group members are determined by the agency in consultation with the Administrative Rules 

Coordinator. Stakeholder groups are advisory and do not constitute agencies for rulemaking 

purposes. Stakeholder groups solicit input from the public and submit formal recommendations 

to the DNR.

An example of the rulemaking process is listed below:

1. EO80 Stakeholder Group: Determine need for stakeholder group in conjunction 

with the DNR Director and the Administrative Rules Coordinator. Form and 

participate in the EO80 stakeholder group if the group is determined to be necessary. 

2. Job Impact Statement & Informal Stakeholder Input: Gather stakeholder input 

for the Job Impact Statement (JIS) to comply with Executive Order 71. Inform the 

EPC of plans associated with the proposed rulemaking.

3. Governor’s Office pre-clearance: Submit the JIS and the draft Notice of Intended 

Action to the Governor’s office for approval.

4. Notice of Intended Action: After preclearance, the DNR proposes the rulemaking 

through a Notice of Intended Action. A fiscal impact statement is included with this 

document. If approved by the EPC, the proposed rulemaking will be published in the 

IAB. 

5. Public Comment Period and Public Hearing(s): The IAB indicates the length of 

the comment period, the agency contact, and the details of the public hearing(s). The 

minimum amount of time for the public comment period and public hearing date is 30 

days for rules that the DNR plans to submit in a SIP revision.

37
6. Initial Administrative Rules Review: At some point during the rulemaking process, 

the proposed rule is reviewed by the Iowa General Assembly's Administrative Rules 

Review Committee (ARRC). The DNR provides an overview of the rulemaking and 

responds to questions at the ARRC’s public meeting.

7. Adopted and Filed: After the close of the public comment period, the DNR returns 

to the EPC to request adoption of the rulemaking. A summary of public comments 

and responses are included with the proposed rulemaking. If adopted, the rulemaking 

is published in the IAB.

8. Final Publication: The adopted and filed rulemaking will be published in the IAB. 

9. Final Administrative Rules Review: Upon publication of the final rulemaking, the 

ARRC conducts their final review at their public meeting. The ARRC does have the 

discretion to object to a rule. The ARRC may also delay the effective date of a 

proposed rule pending additional review by the Iowa General Assembly. 

10. Rule Effective: Typically, the rulemaking becomes effective 35 days after final 

publication in the IAB. The DNR can propose a later effective date, if necessary. 

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