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Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to implement Iowa Code chapter
				  455B, division IV, part 1, and section
				  455D6(6).
				  to ensure the proper removal and disposal of electrical parts containing
				  polychlorinated biphenyls (PCBs), components containing mercury, and
				  refrigerants (e.g., CFCs and HCFCs) from discarded
				  appliances.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.2 - Applicability and Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				All discarded appliances must be demanufactured before being disposed of or
				recycled. This chapter does not apply to the service, repair, reuse or
				rebuilding of appliances or components for their original purpose. These rules
				do not apply to the removal of capacitors, refrigerants or components
				containing mercury during the maintenance or service of equipment containing
				such items.
(2) A person must
				obtain an appliance demanufacturing permit (ADP) from the department of natural
				resources (DNR) before conducting any demanufacturing activities.
(3) Any person engaged in demanufacturing
				must be in compliance with all federal and state laws relating to the
				management and disposition of all hazardous wastes, hazardous materials,
				universal wastes, PCBs and refrigerants.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.4 - Storage and Handling of Appliances Prior to Demanufacturing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person
				collecting and storing discarded appliances must store the appliances so as to
				prevent electrical capacitors, refrigerant lines and compressors, and
				mercury-containing components from being damaged and allowing a release into
				the environment.
(2) No method of
				handling discarded appliances may be used which in any way damages, cuts or
				breaks refrigerant lines or crushes compressors, capacitors, or
				mercury-containing components, or may cause a release of refrigerant, PCBs or
				mercury into the environment.
(3)
				No more than 1,000 discarded appliances may be stored at a location prior to
				demanufacturing.
(4) Discarded
				appliances may not be stored for more than 270 days before being
				demanufactured.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.5 - Appliance Demanufacturing Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit required.
A
				person must obtain an appliance demanufacturing permit (ADP) from the
				department before conducting any demanufacturing activities.
(2)
Types of permits.
a. A person may request a permit that
				excludes appliances that contain a particular type of material (e.g.,
				refrigerants, sodium chromate, PCBs, or mercury switches). Persons may not
				demanufacture or place their unique mark on an appliance that once contained a
				material that is excluded from their permit. An appliance demanufacturing
				facility must clearly post the types of appliances the facility does not
				accept.
b. Permits may be issued
				for both fixed facilities and mobile operations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.6 - Appliance Demanufacturing Permit Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The permit application for appliance demanufacturing must
				  contain the following information to be submitted on Form 542-8005.
1. Facility name.
2. Office address.
3. Location of demanufacturing facility if
				different from office address.
4.
				Contact person or official responsible for the operation of the
				facility.
5. Type, source and
				expected number or weight of appliances to be handled per year.
6. Schematic site plans of a fixed facility,
				including the schematic floor plans of any buildings showing where activities
				will take place and where waste is stored.
7. For mobile operations: schematic plans, or
				a description and photographs, of the mobile van or trailer.
8. A copy of the EPA Refrigerant Recovery or
				Recycling Device Acquisition Certification Form 2060-0256.
9. Operation plan: a detailed summary of the
				activities that will be performed on each type of appliance considered for
				demanufacturing. This summary must include step-by-step activities of the
				demanufacturing process.
10. A
				contingency plan detailing specific procedures to be used in case of equipment
				breakdown or fire, including methods to be used to remove or dispose of
				accumulated waste.
11. A copy of
				the Authorization to Discharge (Stormwater) Permit number, where
				applicable.
12. A copy of EPA
				Notification of PCB Activity Form 7710-53 and a return response from EPA.
				Facilities storing PCB-containing articles longer than 30 days must register
				with EPA. This form may be obtained by contacting the Fibers and Organics
				Branch, Office of Pollution Prevention and Toxics, United States Environmental
				Protection Agency, Ariel Rios Building (7404), 1200 Pennsylvania Avenue NW,
				Washington, DC 20460.
13.
				Documentation showing compliance with rule 118.8(455B,455D).
14. A copy of the unique marking system to be
				applied to each discarded appliance after demanufacturing.
15. Documentation that a permanent facility
				meets local zoning requirements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.7 - Fixed Facilities and Mobile Operations

Current through Register Vol. 47, No. 3, July 24, 2024
The following removal and disposal requirements must be met
				  by both fixed facilities and mobile operations.
(1) Demanufacturing of appliances must take
				place on an impervious floor (including but not limited to concrete, ceramic
				tile, or metal, but not wood). Any spills must be contained and picked up with
				proper equipment and procedures and be disposed of properly.
(2) The point of demanufacturing must be
				located at least 50 feet from a well and any water of the state.
(3) The facility must be located above the
				100-year floodwater elevation.
(4)
				A permanent facility must meet local zoning requirements.
(5) An applicant must establish a unique
				marking system, to be submitted with the permit application for department
				approval, signifying that all refrigerants, PCB-containing articles, and
				mercury-containing components have been removed. The unique marking system must
				be a minimum of nine inches by nine inches and must be applied to the
				appliances after demanufacturing.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.8 - Training

Current through Register Vol. 47, No. 3, July 24, 2024
Beginning January 1, 2003, at least one owner or employee of
				  an appliance demanufacturing facility must have a training certificate from a
				  department-approved training course. A person who has completed the
				  department-approved training course must be on site at all times when discarded
				  appliances are being demanufactured. The training will, at a minimum, cover the
				  following topics.
1. State and federal
				regulations for the removal, storage, transportation, and disposal of
				refrigerant, PCB-containing articles, mercury-containing components, and
				asbestos from appliances.
2.
				Record-keeping requirements.
3.
				Safety precautions for handling appliances and hazardous materials.
4. Spill prevention and cleanup procedures
				appropriate for appliance demanufacturing.
5. The proper methods of loading and
				unloading discarded appliances.
6.
				General demanufacturing procedures.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.9 - Refrigerant Removal Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All owners of refrigerant recovery and
				recycling equipment must provide certification to EPA that they have acquired
				and are using EPA-approved equipment.
(2) Refrigerant in appliances must be
				recovered to EPA standards using equipment meeting EPA requirements (
				40 CFR
				82162.). Refrigerant may be removed prior to
				delivery to the appliance demanufacturer if it is removed by an appliance
				service or repair facility employee certified for the removal of
				refrigerant.
(3) The removal of
				refrigerant from refrigeration appliances must take place in an area where the
				temperature of the surrounding air and of the appliance being demanufactured is
				45 degrees Fahrenheit or greater.
(4) Facilities that are not EPA-certified
				refrigerant reclaimers must ship recovered refrigerant to an EPA-certified
				reclamation facility or properly dispose of the refrigerant at an EPA-permitted
				facility. Reclamation may take place on site only if the appliance
				demanufacturing facility is certified as a reclaimer by the EPA. Any
				refrigerant that cannot be reclaimed or recycled must be properly disposed of
				by incineration or other acceptable means.
(5) Compressor oil.
a. Compressor oil from refrigeration unit
				compressors may be removed during the demanufacturing process, and any oil
				removed must be stored in accordance with rule
				567-1195.
				(455D,455B).
b. Compressor oil is
				not hazardous and may be burned in used oil-fired space heaters, provided the
				heaters have a capacity of 0.5 BTUs (British thermal units) per hour or
				more.
c. Compressor oil may be sold
				to a marketer of used oil.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.10 - Mercury-containing Component Removal and Disposal Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All components containing mercury shall
				be removed from appliances. Precautions shall be taken to prevent breakage of
				the mercury-containing components and the release of mercury.
(2) All mercury-containing component storage
				containers must be labeled with the proper EPA-approved mercury label stating
				"Universal Waste-Mercury Containing Equipment," "Waste Mercury-Containing
				Equipment" or "Used Mercury-Containing Equipment" in both English and the
				predominant language of any non-English-reading workers.
(3) The date when the first
				mercury-containing component was placed in the container shall be affixed to
				the container.
(4)
				Mercury-containing components may be stored for no longer than one
				year.
(5) Accumulation of
				mercury-containing components shall not exceed 5,000 kg (11,025 lbs) at any
				time.
(6) All mercury containers
				must be sealed prior to shipment.
(7) All components containing mercury must be
				disposed of at an EPA-approved mercury recycling/recovery facility.
(8) Fluorescent tubes, lamps, bulbs, and
				similar items must be placed in a container and packaged to prevent breakage
				for shipment to an EPA-approved recycler or must be processed in a manner that
				complies with state and federal regulations.
(9) All mercury-containing components must be
				managed in accordance with 40 CFR 273 and all state and federal
				regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.11 - Capacitor Removal Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All capacitors must be removed from
				discarded appliances unless the appliance manufacturer certifies in writing
				that no PCBs were used in the manufacture of the appliance.
(2) Capacitors that meet one or more of the
				following criteria may be disposed of or recycled as solid waste. The
				capacitor:
a. Is proven to be free of PCBs by
				an approved laboratory.
b. Is
				imprinted by the manufacturer with the words "No PCBs" on the body of the
				capacitor.
c. Is certified in
				writing by the manufacturer of the capacitor not to contain PCBs.
d. Does not contain dielectric
				fluid.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.12 - Spills

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any spills from
				leaking or cracked capacitors must be handled by placing the capacitor and any
				contaminated rags, clothing, and soil into a container for shipment to an
				EPA-approved waste disposal facility. Spills of liquid PCBs which occur outside
				a DOT-approved container must be cleaned and the cleanup verified by sampling
				as described at 40 CFR 761.130. Detailed records of such cleanups and sampling
				must be maintained as described at
				40 CFR
				761180..
(2) Mercury spill kits (with a mercury
				absorbent in the kits) must be on hand and used in the event of a mercury
				spill. Any waste from the cleanup of a mercury spill must be disposed of as a
				hazardous waste.
(3) In the event a
				spill results in a hazardous condition, the facility must notify the department
				of natural resources at (515)281-8694 and the local police department or
				sheriff's office of the affected county of the occurrence of a hazardous
				condition as soon as possible, but no later than six hours after the onset or
				discovery of a spill pursuant to 567-Chapter 131.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.13 - Record Keeping and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Annual reports with the information required in subrule 118.13(2) are:
a. To be sent to the solid waste section of
				the DNR central office in Des Moines;
b. Due January 31 each year for the
				activities of the previous calendar year;
c. To be submitted on forms provided by the
				department, which may be submitted electronically when the electronic format is
				completed; and
d. To be retained by
				the permit holder for at least three years.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.14 - Appliance Demanufacturing Facility Closure Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
An appliance demanufacturing facility shall submit to the
				  department central office and department field office with jurisdiction over
				  the appliance demanufacturing facility written notice of intent to permanently
				  close the facility at least 90 days before closure. Closure shall not be
				  official until the department field office has provided written certification
				  of the completion of the following activities:
1. Removal of all appliances that have not
				been demanufactured.
2. Proper
				disposal of all refrigerant, PCBs, mercury and all hazardous
				materials.
3. Submission of an
				annual report covering January through the last disposal of hazardous
				materials, PCBs and refrigerant.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.15 - Shredding of Appliances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Facilities shredding demanufactured appliances shall sample the fluff from the
				shredding of demanufactured appliances at least quarterly and analyze the fluff
				according to Test Methods for Evaluation of Solid Waste, Physical-Chemical
				Methods SW 846, US EPA, Third Edition 1986, for the presence of PCBs, and
				according to the toxicity characteristic leaching procedure (TCLP) for heavy
				metals. The waste shall be sampled once a day for seven consecutive working
				days to make a composite sample. If the concentrations of heavy metals do not
				exceed concentrations listed in
				40 CFR
				26124., the fluff may be landfilled in Iowa.
				Results must be retained on site for a minimum of three years and be submitted
				to the department within 30 days of the end of each quarter.
(2) Fluff from the shredding of
				demanufactured appliances may be sampled and tested by the department at any
				time.
(3) A person or facility
				engaged in demanufacturing in the state may not shred, crush, or bale any
				appliances that have not been demanufactured. A person or facility located in
				Iowa that does not engage in demanufacturing but accepts appliances from
				demanufacturers for recycling or disposal may shred, crush, or bale only
				appliances that have been demanufactured in accordance with federal regulations
				and the laws of the state from which the appliances are received.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.1 - Authority, Purpose, and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
Pursuant to
				Iowa Code sections
				455D7(1).,
				455D6(6).,
				and
				455B304., the
				environmental protection commission is given the authority to adopt rules
				regulating the disposal, collection, recycling and reuse of used oil and used
				oil filters.
(2)
Purpose.
The purpose of these rules is to protect the public
				health and the environment by regulating the disposal and collection of used
				oil and used oil filters and to promote the reuse and recycling of used oil and
				used oil filters.
(3)
Applicability.
The provisions of this chapter apply to oil
				retailers, oil filter retailers, sanitary disposal project permittees, persons
				involved in the collection of used oil, and persons involved in the generation
				or collection of used oil filters.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.3 - Prohibited Disposal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Used
				oil shall not be accepted for final disposal at any sanitary landfill. However,
				a sanitary landfill or sanitary disposal project, as defined in Iowa Code
				section
				455B301.,
				may accept used oil for temporary storage or collection if the ultimate
				disposition of the oil is for recycling or reuse. All necessary permits or
				permit conditions must be obtained prior to the storage or collection of used
				oil at these landfills and projects.
(2) A business that generates used oil
				filters or accepts used oil filters from a person shall not dispose of the used
				oil filters in a sanitary landfill and shall source separate and recycle the
				used oil filters.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.4 - Operational Requirements for Acceptance of Used Oil

Current through Register Vol. 47, No. 3, July 24, 2024
Any person accepting used oil from customers shall comply
				  with the following requirements:
(1)
				Used oil shall be accepted which is contained in a closed, unbreakable,
				preferably reusable, container.
(2)
				Used oil collectors shall provide supervision of the collection process to
				minimize the risk of spills and to prevent customers from depositing
				contaminated used oil into the collection tank. However, this does not preclude
				designating unsupervised drop-off sites for used oil as long as the following
				conditions are met:
a. Only sealed containers
				of five gallons or less shall be accepted.
b. The designated drop-off site must be
				protected from the elements.
c.
				Customers shall drop off their used oil in containers at the designated site
				and are not permitted to deposit their used oil into a collection
				tank.
d. The designated site must
				be located on an impervious surface engineered to contain potential
				spills.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.5 - Operational Requirements for Acceptance of Used Oil Filters

Current through Register Vol. 47, No. 3, July 24, 2024
Any person accepting used oil filters from customers shall
				  comply with the following requirements:
(1) The used oil filters shall be collected,
				stored and transported in a container designed and maintained to prevent the
				spillage or discharge of used oil from the filters.
(2) The collection container shall be located
				on an impervious surface engineered to contain spills.
(3) The collection container shall be
				protected from inclement weather.
(4) The collection container shall be clearly
				labeled "used oil filters."
(5)
				Used oil filter collectors shall comply with Iowa Code section
				455B386.
				when actual or imminent oil spills pose a threat to the public health or the
				environment.
(6) Absorbent material
				shall be available at the site for use by the operator to control spillage or
				discharge of used oil from the used oil filters.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.6 - Oil Retailer Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the requirements set forth in rules
				  567-119.4(455D,455B) and
				  567-1195.
				  (455D,455B) relating to used oil and used oil filter collection, used oil
				  retailers also shall comply with the following:
(1) A durable, legible sign at least
				8½" by 11" in size shall be placed near the point of sale which contains
				the following:
a. Language informing the
				customer that it is unlawful to dispose of used oil at a sanitary landfill, and
				that the customer should return used oil to used oil collection sites for
				recycling and reuse;
b. The
				language "RECYCLE USED OIL" in bold lettering;
c. A list of the benefits from recycling used
				oil including, but not limited to, "conserves energy, reuses limited resources,
				and protects Iowa's drinking water";
d. The language "used oil is a household
				hazardous material" and the household hazardous materials program symbol, at
				least 2 inches in length, as shown below;
Click here
				  to view Image
e.
				The warning that the disposal of used oil in a landfill or its deposit or
				discharge into any state waterway is unlawful;
f. The name, address and location of at least
				one used oil collection site located within the county in which the retailer is
				located. If there is more than one used oil collection site located in the
				county, then the nearest collection site shall be listed on the posted
				sign.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.7 - Oil Filter Retailer Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the requirements set forth in rules
				  567-119.4(455D,455B) to
				  567-1196.
				  (455D,455B) relating to used oil and used oil filter collection, oil filter
				  retailers also shall comply with the following:
(1) A durable, legible sign at least
				8½" by 11" in size shall be placed near the point of sale which contains
				the following:
a. The language "RECYCLE USED
				OIL FILTERS" in bold lettering;
b.
				A list of the benefits from recycling used oil niters including, but not
				limited to, "conserves energy, reuses limited resources, and protects Iowa's
				drinking water";
c. The language
				"used oil niters are a household hazardous material" and the household
				hazardous materials program symbol, at least 2 inches in length, as shown
				below;
Click here
				  to view Image
d.
				The name, address and location of at least one used oil filter collection site
				located within the county in which the retailer is located. If there is more
				than one used oil filter collection site located in the county, then the
				nearest collection site shall be listed on the posted sign.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.8 - Tanks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Aboveground.
In addition to the requirements imposed by the
				office of the state fire marshal, the following standards are applicable to
				aboveground used oil collection tanks:
a. The
				tank shall be of sufficient size to handle the projected quantities of used oil
				to be returned to this specific collection site.
b. The tank shall be designed and maintained
				to prevent the spillage or discharge of used oil. Tanks must be set upon an
				impermeable surface engineered to contain potential spills.
c. Absorbent material shall be available at
				the tank site for use by the operator to control used oil spillage or
				discharge.
d. The tank shall have a
				level gauge or some other adequate means for checking the oil level within the
				tank.
e. The tank shall be
				constructed in accordance with American Petroleum Institute specifications and
				standards.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 119 - Used Oil and Used Oil Filters › Rule 567-119.9 - Locating Collection Sites

Current through Register Vol. 47, No. 3, July 24, 2024
If the retailer is unaware of any locations within the county
				  where used oil or used oil filters are being accepted from customers, the
				  retailer shall contact the department to determine if a collection site is
				  located in the county. If no collection site is currently available in the
				  county, the retailer shall accept used oil and used oil filters from
				  customers.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to establish rules for the
				  safe and effective remediation and disposal of petroleum contaminated soil
				  (PCS) through landfarming. These rules are intended to satisfy the requirements
				  of Iowa Code sections
				  455B301A.,
				  455B304. and
				  455B383..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.2 - Applicability and Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These rules
				apply to the landfarming of soils contaminated with biodegradable petroleum
				products including, but not limited to, gasoline, diesel fuel, kerosene, jet
				fuel, motor oil, hydraulic fluid, or some combination thereof. All PCS
				landfarming activities in which 3 or more cubic yards of PCS are excavated
				shall comply with this chapter. Uncontaminated soil that is excavated during
				the removal of the PCS shall not be counted toward the 3-cubic-yard
				applicability threshold.
(2) These
				rules do not apply to PCS that is being remediated or disposed of at a sanitary
				landfill. For rules governing the remediation and disposal of PCS at a sanitary
				landfill, see 567-Chapter 109.
(3)
				The issuance of a landfarm permit by the department in no way relieves the
				generator or permit holder of the responsibility of complying with all other
				local, state, or federal statutes, ordinances, and rules and other applicable
				requirements.
(4) These rules do
				not apply to hazardous waste.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions set out in Iowa Code section
				  455B.301 shall be considered to
				  be incorporated by reference in these rules. For the purposes of this chapter,
				  the definitions found in 567-Chapter 100 shall apply.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.4 - Landfarming Applicator Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit required.
PCS shall not be landfarmed without a
				landfarm applicator permit from the department.
(2)
Landfarm applicator
				permit.
Upon issuance of a landfarm applicator permit, the permit
				holder is authorized to apply PCS to the land to create one or more landfarms.
				This permit requires that landfarms be used for only one application of a
				particular source and type of PCS. This permit requires that no other PCS be
				applied within 15 feet of the area of land used as a landfarm until the
				landfarm is closed pursuant to rule 567-120.12(455B).
(3)
Construction and
				operation.
Landfarms shall be constructed and operated according to
				these rules, any plans and specifications approved by the department, and the
				conditions of the permit. Any approved plans and specifications shall
				constitute a condition of the permit.
(4)
Transfer of title and
				permit.
If title to a landfarm applicator permit is transferred to a
				third party, then the department shall transfer the permit within 60 days if
				the department has determined that the following requirements have been met:
a. The title transferee has applied in
				writing to the department within 30 days of the transfer of title to request a
				transfer of the permit.
b. The
				permitted applicator and title transferee are in compliance with Iowa Code
				chapter 455B, this chapter and the conditions of the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.5 - Landfarm Permit Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Landfarm applicator permits.
To apply for a landfarm
				applicator permit, the applicant shall submit the following information to the
				department:
a. The name, address, and
				telephone number of:
(1) Agency applying for
				the landfarm applicator permit.
(2)
				Owner(s) of the agency.
(3)
				Individual responsible for record keeping and reporting.
(4) An emergency contact person.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.6 - Pcs Analysis and Characterization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Department-supervised emergency cleanups.
PCS originating from
				the cleanup of a spill or expedited over excavation at a tank closure or
				upgrade under department jurisdiction shall be characterized and tested as
				follows before being landfarmed. Such PCS may be landfarmed prior to chemical
				testing, pursuant to the application rate in subrule 120.9(6) and reporting
				requirements of rule 567-120.11 (455B), if permission
				is obtained from department emergency response personnel or the department
				field office with jurisdiction over the landfarm site.
a.
Source identification.
The name and address of the contaminated site from which the PCS originated and
				the spill or underground storage tank (UST) registration number shall be
				recorded.
b.
Type
				classification.
The PCS shall be classified by type according to the
				petroleum product's trade name (e.g., gasoline, diesel fuel) or according to
				the trade names if there is a mixture of petroleum products.
c.
Chemical testing.
A
				sample of the PCS shall be obtained from the emergency cleanup site and tested
				pursuant to paragraph 120.6(2)
"c."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.7 - Site Exploration and Suitability Requirements for Landfarms

Current through Register Vol. 47, No. 3, July 24, 2024
All landfarms shall meet the following site exploration and
				  suitability requirements.
(1)
Previous use.
If a site is to be used as a landfarm, then the
				landfarm applicator shall obtain written confirmation from the site owner of
				one of the following requirements:
a. That any
				other landfarm created in the past three years within 15 feet of the proposed
				landfarm plot has been closed pursuant to rule
				567-120.12 (455B).
b. That no area within 15 feet of the
				proposed landfarm plot has been used as a landfarm in the past three
				years.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.8 - Landfarm Design Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements for all landfarms.
All landfarms shall comply
				with the following design requirements:
a.
PCS storage areas.
Storage areas for PCS shall be constructed
				in compliance with the following requirements:
(1) Over an impervious surface (e.g., tarp,
				concrete pad, plastic sheeting).
(2) Under a roof or tarp to minimize the
				infiltration of precipitation.
(3)
				In an area with minimal potential for stormwater run-on.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.9 - Landfarm Operating Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All landfarms shall comply with the following operating
				  requirements:
(1)
Standard
				PCS.
Only standard PCS may be land applied or stored at a landfarm
				without a permit amendment from the department. A permit amendment from the
				department, pursuant to subrule 120.4(10), shall be obtained for each
				particular source and type of nonstandard PCS before that PCS may be land
				applied or stored at a landfarm. The permit amendment application shall include
				a justification of how the PCS can be safely and effectively remediated by
				landfarming.
(2)
Saturated
				or slurry PCS.
PCS in a saturated or slurry condition shall not be
				applied to the land or stored at a landfarm. PCS in such a condition shall be
				bulked with other biodegradable materials (e.g., compost, mulch) until it is no
				longer saturated or in a slurry before it is applied to the land or stored at a
				landfarm.
(3)
PCS delivery
				and storage.
Only PCS that is from an emergency cleanup may be
				delivered during the non-landfarm season. PCS delivered during non-landfarm
				season may be stored as follows until the conditions of subrule 120.9(4) are
				satisfied or within the first seven days of landfarm season, whichever is
				shorter. PCS that cannot immediately be applied to the land at the landfarm
				during landfarm season may be stored at the landfarm as follows.
a.
Seven days or less.
PCS
				may be stored up to seven days in compliance with the following requirements:
(1) Over an impervious surface (e.g., tarp,
				concrete pad, plastic sheeting).
(2) Under a roof or tarp to minimize the
				infiltration of precipitation.
(3)
				In an area with minimal potential for stormwater run-on.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.10 - Emergency Response and Remedial Action Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Access.
Emergency response and remedial action plan (ERRAP)
				documents shall be readily available. Landfarm applicators shall have employees
				carry a copy of the ERRAP document to each site where operations are taking
				place.
(2)
Updates.
An updated ERRAP shall be included with any request
				for permit modification to incorporate a facility or operational change that
				requires modification of the currently approved ERRAP.
(3)
Employee training.
At a
				minimum, all employees shall receive annual training sufficient to understand
				and utilize ERRAP documents.
(4)
Content.
The content of ERRAP documents shall be concise and
				readily usable as a reference manual by facility managers and operators during
				emergency conditions. The ERRAP document content shall address at least the
				following primary issues in detail, unless project conditions render the
				specific issue as not applicable. The rationale for exclusion of any issue
				areas that are not applicable must be provided either in the body of the plan
				or as a supplement. Additional ERRAP requirements unique to the facility shall
				be addressed as applicable.
a.
Facility information.
(1)
				Permitted agency.
(2) DNR permit
				number.
(3) Responsible official
				and contact information.
(4)
				Project location.
(5) Facility
				description.
(6) Site and environs
				map.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.11 - Reporting and Record-keeping Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reporting.
The following information shall be submitted to the
				department on a form provided by the department. All reporting submissions
				shall include the name, address, and telephone number of the landfarm and
				permit holder, as well as the permit number.
a.
Storage notification.
Landfarms shall submit the following information to the department and
				department field office with jurisdiction over the landfarm before receipt of
				the PCS for storage; however, at least 30 days' notification is encouraged. PCS
				storage information from an emergency cleanup supervised by the department
				pursuant to subrule 120.6(1), however, shall be reported within 7 days of the
				emergency cleanup.
(1) The date the PCS is
				expected to be delivered for storage at the landfarm.
(2) Where the PCS will be stored at the
				landfarm.
(3) The spill number, UST
				registration number, and LUST number, as applicable.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.12 - Landfarm Closure

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise required or approved by the department,
				  landfarms shall be closed in one of the following ways:
(1) Three years after the application of PCS,
				or
(2) At least six months after
				the application of PCS when documentation has been submitted and acknowledged
				in writing by the department that each landfarm plot has been tested as
				follows.
a. One sample from each 10,000
				ft2 (e.g., 100-foot x 100-foot area) of landfarm
				plot is analyzed pursuant to subparagraphs 120.6(2)
"c"
(1),
				(2), and (3). A minimum of one sample per landfarm plot shall be obtained. All
				samples shall be obtained from between the top 2 to 6 inches of soil.
b. The results of the tests in paragraph
				120.12(2)
"a"
demonstrate that petroleum constituent
				concentrations are less than 0.54 mg/kg for benzene, 42 mg/kg for toluene, 15
				mg/kg for ethylbenzene, 3800 mg/kg for TEH-diesel and 0.02 mg/kg for
				MTBE.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 120 - Landfarming of Petroleum Contaminated Soil › Rule 567-120.13 - Financial Assurance Requirements for Landfarms

Current through Register Vol. 47, No. 3, July 24, 2024
The holder of a sanitary disposal project permit for a
				  landfarm must obtain and submit a financial assurance instrument to the
				  department in accordance with this rule. The financial assurance instrument
				  shall provide monetary funds for the purpose of conducting closure activities
				  at the landfarm plot(s) due to the permit holder's failure to properly close
				  the site as required in accordance with rule
				  567-120.12 (455B) within 30 days
				  of permit suspension, termination, revocation, or expiration.
(1)
No permit without financial
				assurance.
The department shall not issue or renew a permit to an
				owner or operator of a landfarm until a financial assurance instrument has been
				submitted to and approved by the department.
(2)
Proof of compliance.
Proof of the establishment of the financial assurance instrument and compliance
				with this rule, including a current closure cost estimate, shall be submitted
				at the time of application for a permit for a landfarm applicator permit. The
				owner or operator must provide continuous coverage for closure and submit proof
				of compliance, including an updated closure cost estimate, with each permit
				renewal thereafter until released from this requirement by the
				department.
(3)
Financial
				assurance amounts required.
The estimate submitted to the department
				must be certified by a professional engineer and account for at least the
				following factors determined by the department to be minimal necessary costs
				for closure pursuant to rule
				567-120.12 (455B):
a. Third-party costs to conduct soil sampling
				and properly clean all equipment and storage areas at the landfarm
				plot(s).
b. If PCS is temporarily
				stored on site prior to incorporation, then this estimate shall include
				third-party labor and transportation costs and total tip fees to properly
				dispose of all PCS equal to the maximum storage capacity on site.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 121 - Land Application of Wastes › Rule 567-121.1 - Scope of Title

Current through Register Vol. 47, No. 3, July 24, 2024
The department has jurisdiction over the disposal of solid
				  waste including the land application of those wastes. The land application of
				  solid wastes requires a specific permit from the department, unless certain
				  conditions are met which warrant that an exemption be granted.
This chapter provides general definitions applicable in this
				  title and rules of practice, including forms, applicable to the public in the
				  department's administration of the subject matter of this title.
This chapter contains rules and regulations specifying the
				  types of waste to which the chapter applies, the circumstances under which no
				  permit is required for land application, and the permit requirements for those
				  activities not exempted.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 121 - Land Application of Wastes › Rule 567-121.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Industrial sludge "
means any sludge
				  produced by industrial activity.
"Land application "
means a method through
				  which sludge is applied to the ground surface. Land application may include
				  subsurface injection.
"Sewage sludge"
is defined in 567-Chapter
				  67.
"Sludge "
means any solid, semisolid, or
				  liquid waste generated from a commercial or industrial wastewater treatment
				  plant, water supply treatment plant or air pollution control facility or any
				  other such waste having similar characteristics and effects.
"Solid waste"
means garbage, refuse,
				  rubbish, and other similar discarded solid or semisolid materials, including
				  but not limited to such materials resulting from industrial, commercial,
				  agricultural, and domestic activities. Solid waste may include vehicles, as
				  defined by Iowa Code section
				  3211.,
				  subsection 1. Nothing herein shall be construed as prohibiting the use of dirt,
				  stone, brick, or similar inorganic material for fill, landscaping, excavation,
				  or grading at places other than a sanitary disposal.
"Stabilized sludge"
means sludge that has
				  been processed to a point where it has the ability to resist further change,
				  produces minimal odor, and has achieved a substantial reduction in the
				  pathogenic organism content. (The department recognizes principles of
				  stabilization other than the conventional biological processes. Whether these
				  processes produce a stabilized sludge will be evaluated on an individual
				  basis.)
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 121 - Land Application of Wastes › Rule 567-121.3 - Application for Permits and Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Any private or public person or agent desiring to secure a
				  permit for any land application of solid waste not exempted in rules
				  121.5(455B) and 121.6(455B) shall file a properly completed application.
(1) A properly completed application shall
				consist of the application form with all blanks filled in by the applicant, all
				signatures, and all documents and information required by the land application
				rules. Application forms may be obtained from:
Environmental Services Division
Iowa Department of Natural Resources
Henry A. Wallace Building
900 East Grand
Des Moines, Iowa 50319
Properly completed forms should be submitted in accordance
				  with the instructions for the form.
(2) Application for a land application permit
				shall be made on Form 43, "Application for a Sanitary Disposal Project
				Permit."