reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.11 - Tier 3 Site Assessment Policy and Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Tier 3 site
				assessment. Unless specifically limited by rule or an imminent hazard exists,
				an owner or operator may choose to prepare a Tier 3 site assessment as an
				alternative to completion of a Tier 2 assessment under
				567-13510.
				(455B) or as an alternative to completion of a corrective action design report
				under
				567-13512.
				(455B). Prior to conducting a Tier 3 site assessment, a groundwater
				professional must submit a work plan to the department for approval. The work
				plan must contain an evaluation of the specific site conditions which justify
				the use of a Tier 3 assessment, an outline of the proposed Tier 3 assessment
				procedures and reporting format and a method for determining a risk
				classification consistent with the policies underlying the risk classification
				system in
				567-13512.
				(455B). Upon approval, the groundwater professional may implement the
				assessment plan and submit a report within a reasonable time designated by the
				department.
(2)
Tier 3 site
				assessment.
A Tier 3 assessment may include but is not limited to the
				use of more site-specific or multidimensional models and assessment data,
				methods for calibrating Tier 2 models to make them more predictive of actual
				site conditions, and more extensive assessment of receptor construction and
				vulnerability to contaminant impacts. If use of Tier 2 models is proposed with
				substitution of other site-specific data (as opposed to the Tier 2 default
				parameters), the groundwater professional must adequately justify how
				site-specific data is to be measured and why it is necessary. The groundwater
				professional must demonstrate that the proposal has a proven applicability to
				underground storage tank sites or similar conditions or has a strong
				theoretical basis for applicability and is not biased toward underestimating
				assessment results. The Tier 3 assessment report shall make a recommendation
				for site classification as high risk, low risk or no action required, at least
				two corrective action response technologies and provide justification
				consistent with the standards and policies underlying risk classification and
				corrective action response under
				567-13512.
				(455B) and Iowa Code chapter 455B, Division 4, Part 8.
(3)
Review and submittal.
The department will review the Tier 3 assessment for compliance with the terms
				of the approved work plan and based on principles consistent with these rules
				and Iowa Code chapter 455B, Division IV, Part 8. Upon approval of the Tier 3
				assessment, the department may require corrective action in accordance with
				567-13512.
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.13 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				For each confirmed release that is classified as high or low risk, the
				department must provide notice to the public by means designated to reach those
				members of the public directly affected by the release and the recommended
				corrective action response. This notice may include, but is not limited to,
				public notice in local newspapers, block advertisements, public service
				announcements, publication in a state register, letters to individual
				households, or personal contacts by the staff.
(2) The department must ensure site release
				information and decisions concerning the Tier 1 assessment report, Tier 2 and
				Tier 3 site cleanup reports are made available to the public for inspection
				upon request.
(3) Before approving
				the Tier 2 or Tier 3 site cleanup report, the department may hold a public
				meeting to consider comments on the proposed corrective action response if
				there is sufficient public interest, or for any other reason.
(4) The department must give a public notice
				that complies with subrule 135.13(1) above if the implementation of the
				approved Tier 2 or Tier 3 site cleanup report does not achieve the established
				cleanup levels in the report and the termination of that report is under
				consideration by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.14 - Action Levels

Current through Register Vol. 47, No. 3, July 24, 2024
The following corrective action levels apply to
				  petroleum-regulated substances as regulated by this chapter. These action
				  levels shall be used to determine if further corrective action under rules
				  567-135.6 (455B) through
				  567-135.12 (455B) or rule
				  567-135.15 (455B) is required as
				  the result of tank closure sampling under subrule 135.15(3) or other analytical
				  results submitted to the department. The contaminant concentrations must be
				  determined by laboratory analysis as stated in rule
				  567-135.16 (455B). Final cleanup
				  determination is not limited to these contaminants. The contamination
				  corrective action levels are:
Soil (mg/kg)
Groundwater (ug/L)
Benzene
0.54
5
Toluene
3.2
1,000
Ethylbenzene
15
700
Xylenes
52
10,000
Total Extractable
Hydrocarbons-Diesel
3,800
1,200
Total Extractable
Hydrocarbons-Waste Oil
400
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.19 - Analyzing for Methyl Tertiary-butyl Ether (MTBE)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The objective
				of analyzing for MTBE is to determine its presence in water samples collected
				as part of investigation and remediation of contamination for underground
				storage tank facilities.
(2)
Required MTBE testing.
Water samples must be analyzed for MTBE
				when collected for risk-based corrective action as required in rules
				567-135.8 (455B) through
				567-135.12(455B). These sampling requirements include but are not limited to
				Tier 2 and Tier 3 assessments where groundwater ingestion pathway evaluation
				and subsequent monitoring is required.
(3)
MTBE testing not
				required.
Analysis for MTBE is not required for the following:
a. Closure sampling under rule
				567-135.15(455B).
b. Site checks
				under subrule 135.6(3).
c. If prior
				analysis under subrule 135.19(2) has not shown MTBE present.
d. If the department determines MTBE analysis
				is no longer needed at a site.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.20 - Compliance Inspection of Ust System

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner or operator must have the UST
				system inspected and an inspection report submitted to the department by a UST
				compliance inspector certified by the department under 567-Chapter 134, Part B.
				An initial compliance site inspection shall be conducted within two years after
				new tank installation. All subsequent compliance site inspections conducted
				after the initial compliance site inspection shall be conducted within 24
				months of the prior compliance site inspection. Compliance site inspections
				must be separated by at least six months.
(2) Compliance inspection requirements. The
				owner or operator is responsible to ensure the department receives ten days'
				prior notice by the compliance inspector of the date of a site inspection and
				the name of the inspector as provided in
				567-134.14 (455B). The owner and
				operator must comply with the following as part of the inspection process.
a. Review and respond to the inspection
				report provided by the certified compliance inspector and complete the
				corrective actions specified in the compliance inspection report within the
				specified time frames.
b. Provide
				all records and documentation required by the certified compliance inspector
				and this chapter.
c. Upon
				notification of a suspected release by the certified compliance inspector
				pursuant to 567-subrule 134.14(1), report the condition to the department and
				undertake steps to investigate and confirm the suspected release as provided in
				567-135.6(455B).
d. Ensure that the
				compliance inspector completes and submits an electronic inspection form in
				accordance with 567-134.14
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.21 - Ust Systems With Field-constructed Tanks and Airport Hydrant Fuel Distribution Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
a.
				Implementation of requirements. Owners and operators must comply with the
				requirements of this rule for UST systems with field-constructed tanks and
				airport hydrant systems as follows:
(1) For
				UST systems installed on or before June 23, 2021, the requirements are
				effective according to the following schedule:
Requirement
Effective Date
Upgrading UST systems, general operating
							 requirements, and operator training
October 13, 2021
Release detection
October 13, 2021
Release reporting, response, and investigation;
							 closure; financial responsibility and notification (except as provided in
							 paragraph 135.21(1)
"b"
)
June 23, 2021
(2)
				For UST systems installed after June 23, 2021, the requirements apply at
				installation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				applies to owners and operators of all petroleum underground storage tank (UST)
				systems except as otherwise provided in this rule.
(2) Owners and operators of petroleum UST
				systems are subject to these requirements.
(3) State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of this chapter.
(4) The requirements of this chapter do not
				apply to owners and operators of farm or residential tanks of 1,100 gallons or
				less capacity installed prior to July 1, 1987, or any UST system described in
				567-paragraph 135.1(3)
"b"
or subparagraph
				135.1(3)
"c"
(1), (3) or (4).
(5) If the owner and operator of a petroleum
				underground storage tank are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in event
				of noncompliance.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.4 - Amount and Scope of Required Financial Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Owners or operators of petroleum
				underground storage tanks must demonstrate financial responsibility for taking
				corrective action and for compensating third parties for bodily injury and
				property damage caused by accidental releases arising from the operation of
				petroleum underground storage tanks in at least the following per-occurrence
				amounts:
a. For owners or operators of
				petroleum underground storage tanks that are located at petroleum marketing
				facilities, or that handle an average of more than 10,000 gallons of petroleum
				per month based on annual throughput for the previous calendar year; $1
				million.
b. For all other owners or
				operators of petroleum underground storage tanks; $500,000.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.5 - Allowable Mechanisms and Combinations of Mechanisms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subject to the limitations of subrule
				136.5(2):
a. An owner or operator, including a
				local government owner or operator, may use any one or combination of the
				mechanisms listed in rules 136.6(455B) to 136.12(455B) to demonstrate financial
				responsibility under this chapter for one or more underground storage tanks,
				and
b. A local government owner or
				operator may use any one or combination of the mechanisms listed in rules
				136.13(455B) to 136.16(455B) to demonstrate financial responsibility under this
				chapter for one or more underground storage tanks.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.6 - Financial Test of Self-insurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An owner or operator, and/or guarantor,
				may satisfy the requirements of rule
				567-136.4 (455B) by passing a
				financial test as specified in this rule. To pass the financial test of
				self-insurance, the owner or operator, and/or guarantor must meet the criteria
				of subrule 136.6(2) or 136.6(3) based on year-end financial statements for the
				latest completed fiscal year.
(2)
				Financial test alternative I.
a. The owner or
				operator, and/or guarantor, must have a tangible net worth of at least ten
				times:
(1) The total of the applicable
				aggregate amount required by rule
				567-136.4 (455B), based on the
				number of underground storage tanks for which a financial test is used to
				demonstrate financial responsibility to the Iowa department of natural
				resources under this rule.
(2) The
				sum of the corrective action cost estimates, the current closure and
				postclosure care cost estimates, and amount of liability coverage for which a
				financial test is used to demonstrate financial responsibility to EPA under 40
				CFR Parts 264.101, 264.143, 264.145, 264.147, 265.143, 265.145, and 265.147 or
				to a state implementing agency under a state program authorized by EPA under 40
				CFR Part 271; and
(3) The sum of
				current plugging and abandonment cost estimates for which a financial test is
				used to demonstrate financial responsibility to EPA under 40 CFR Part 144.63 or
				to a state implementing agency under a state program authorized by EPA under 40
				CFR Part 145.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.7 - Guarantee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An owner or
				operator may satisfy the requirements of rule 136.4(455B) by obtaining
				guarantee that conforms to the requirements of this rule. The guarantor must
				be:
a. A firm that possesses a controlling
				interest in the owner or operator; possesses a controlling interest in such a
				firm; or is controlled through stock ownership by a common parent firm that
				possesses a controlling interest in the owner or operator; or
b. A firm engaged in a substantial business
				relationship with the owner or operator and issuing the guarantee as an act
				incident to that business relationship.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.11 - Trust Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An owner or
				operator may satisfy the requirements of rule 136.4(455B) by establishing a
				trust fund that conforms to the requirements of this rule. The trustee must be
				an entity that has the authority to act as a trustee and whose trust operations
				are regulated and examined by a federal agency or an agency of the state in
				which the fund is established.
(2)
				The wording of the trust agreement must be identical to the wording specified
				in subrule 136.12(2), "TRUST AGREEMENT," and must be accompanied by a formal
				certification of acknowledgment as specified in subrule 136.12(2),
				"CERTIFICATION."
(3) The trust
				fund, when established, must be funded for the full required amount of
				coverage, or funded for part of the required amount of coverage and used in
				combination with other mechanism(s) that provide the remaining required
				coverage.
(4) If the value of the
				trust fund is greater than the required amount of coverage, the owner or
				operator may submit a written request to the director for release of the
				excess.
(5) If other financial
				assurances as specified in this rule are substituted for all or part of the
				trust fund, the owner or operator may submit a written request to the director
				for release of the excess.
(6)
				Within 60 days after receiving a request from the owner or operator for release
				of funds as specified in 136.11(4) or 136.11(5), the director will instruct the
				trustee to release to the owner or operator such funds as the director
				specifies in writing.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.15 - Local Government Guarantee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A local government owner or operator may
				satisfy the requirements of rule 136.4(455B) by obtaining a guarantee that
				conforms to the requirements of this rule. The guarantor must be either the
				state in which the local government owner or operator is located or a local
				government having a "substantial governmental relationship" with the owner and
				operator and issuing the guarantee as an act incident to that relationship. A
				local government acting as a guarantor must:
a. Demonstrate that it meets the bond rating
				test requirement of rule 136.13(455B) and deliver a copy of the chief financial
				officer's letter as contained in subrule 136.13(4) to the local government
				owner or operator; or
b.
				Demonstrate that it meets the worksheet test requirements of rule 136.14(455B)
				and deliver a copy of the chief financial officer's letter as contained in
				subrule 136.14(5) to the local government owner or operator; or
c. Demonstrate that it meets the local
				government fund requirements of subrule 136.16(1), 136.16(2), or 136.16(3) and
				deliver a copy of the chief financial officer's letter as contained in rule
				136.16(455B) to the local government owner or operator.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.17 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An owner or
				operator may substitute any alternate financial assurance mechanisms as
				specified in this chapter provided that at all times an effective financial
				assurance mechanism or combination of mechanisms that satisfied the
				requirements of rule 136.4(455B) is maintained.
(2) After obtaining alternate financial
				assurance as specified in this chapter, an owner or operator may cancel a
				financial assurance mechanism by providing notice to the provider of financial
				assurance.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.18 - Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				otherwise provided, a provider of financial assurance may cancel or fail to
				renew an assurance mechanism by sending a notice of termination by certified
				mail to the owner or operator. For claims-made policies, the notice of
				termination must clearly advise the insured and any named additional insureds
				of the effective termination date and the applicable extended reporting period
				under which a claim must be made to preserve coverage as provided in 136.8(2)
				"a"(2)"6" and 136.8(2)
"b
"(2)"6." In the alternative,
				insertion of the following unnumbered paragraph into a notice of termination
				satisfies this requirement. The provider of the financial assurance must also
				provide a copy of the notice of termination to the underground storage tank
				section of the department of natural resources. Failure to notify or timely
				provide a copy to the department will not invalidate a provider's action to
				terminate coverage or deny renewal of coverage.
[IOWA DEPARTMENT OF NATURAL RESOURCES
				  NOTICE
EXTENDED COVERAGE
Iowa department of natural resources rules require that all
				  insured persons be afforded 180 days from the date of policy cancellation or
				  nonrenewal to give notice of a release and make a claim for coverage under the
				  terms and conditions of this policy. This means that, if you fail to give
				  notice of a release and submit a claim as provided in this policy within 180
				  days of cancellation, you may be barred from making a claim for coverage under
				  the terms of your policy, even if a release is later discovered and
				  demonstrated to have occurred during the coverage period.]
a. Termination of a local government
				guarantee, a guarantee, a surety bond, or a letter of credit may not occur
				until 120 days after the date on which the owner or operator receives the
				notice of termination, as evidenced by the return receipt.
b. Termination of insurance or risk retention
				group coverage, except for nonpayment or misrepresentation by the insured, or
				state-funded assurance may not occur until 60 days after the date on which the
				owner or operator receives the notice of termination, as evidenced by the
				return receipt. Termination for nonpayment of premium or misrepresentation by
				the insured may not occur until a minimum of 10 days after the date on which
				the owner or operator receives the notice of termination, as evidenced by the
				return receipt.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.19 - Reporting by Owner or Operator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An owner or operator must submit the
				appropriate forms listed in subrule 136.20(2) documenting current evidence of
				financial responsibility to the director of the Iowa department of natural
				resources.
a. Within 30 days after the owner
				or operator identifies a release from an underground storage tank required to
				be reported under 567-subrule 135.6(4) or 135.7(2);
b. If the owner or operator fails to obtain
				alternate coverage as required by this chapter, within 30 days after the owner
				or operator receives notice of:
(1)
				Commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming a provider of financial assurance as a
				debtor,
(2) Suspension or
				revocation of the authority of a provider of financial assurance to issue a
				financial assurance mechanism,
(3)
				Failure of a guarantor to meet the requirements of the financial
				test,
(4) Other incapacity of a
				provider of financial assurance; or
c. As required by subrules 136.6(7) and
				136.18(2).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.21 - Drawing on Financial Assurance Mechanisms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director of the department of natural
				resources shall require the guarantor, surety, or institution issuing a letter
				of credit to place the amount of funds stipulated by the director, up to the
				limit of funds provided by the financial assurance mechanism, into the standby
				trust if:
a. The owner or operator fails to
				establish alternate financial assurance within 60 days after receiving notice
				of cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanism; and
The director determines or suspects that a release from an
				  underground storage tank covered by the mechanism has occurred and so notifies
				  the owner or operator or the owner or operator has notified the director
				  pursuant to rule 135.6(455B) or 135.7(455B) of a release from an underground
				  storage tank covered by the mechanism; or
b. The conditions of paragraph 136.21(2)"a"
				or subparagraph
				136.21(2)
"b"
(1)or136.21(2)
"b
				"
(2) are satisfied.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.22 - Release From the Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
An owner or operator is no longer required to maintain
				  financial responsibility under this chapter for an underground storage tank
				  after the tank has been permanently closed or undergoes a change-in-service or,
				  if corrective action is required, after corrective action has been completed
				  and the tank has been permanently closed or undergoes a change-in-service as
				  required by rule 567-135.15
				  (455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.23 - Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Within
				ten days after commencement of a voluntary or involuntary proceeding under
				Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the
				owner or operator must notify the director of the Iowa department of natural
				resources by certified mail of such commencement and submit the appropriate
				forms listed in subrule 136.20(2) documenting current financial
				responsibility.
(2) Within ten days
				after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U. S. Code, naming a guarantor providing financial assurance as
				debtor, such guarantor must notify the owner or operator by certified mail of
				such commencement as required under the terms of the guarantee specified in
				rule 136.7(455B).
(3) Within ten
				days after commencement of a voluntary or involuntary proceeding under Title 11
				(Bankruptcy), U.S. Code, naming a local government owner or operator as debtor,
				the local government owner or operator must notify the director of the Iowa
				department of natural resources by certified mail of such commencement and
				submit the appropriate forms listed in subrule 136.20(2) documenting current
				financial responsibility.
(4)
				Within ten days after commencement of a voluntary or involuntary proceeding
				under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing a local
				government financial assurance as debtor, such guarantor must notify the local
				government owner or operator by certified mail of such commencement as required
				under the terms of the guarantee specified in rule 136.15(455B).
(5) An owner or operator who obtains
				financial assurance by a mechanism other than the financial test of
				self-insurance will be deemed to be without the required financial assurance in
				the event of a bankruptcy or incapacity of its provider of financial assurance,
				or a suspension or revocation of the authority of the provider of financial
				assurance to issue a guarantee, insurance policy, risk retention group coverage
				policy, surety bond, letter of credit, or state-required mechanism. The owner
				or operator must obtain alternate financial assurance as specified in this
				chapter within 30 days after receiving notice of such an event. If the owner or
				operator does not obtain alternate coverage within 30 days after such
				notification, the owner or operator must notify the director of the Iowa
				department of natural resources within 10 days.
(6) Rescinded IAB 4/17/02, effective
				5/22/02.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 136 - Financial Responsibility for Underground Storage Tanks › Rule 567-136.24 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If at any time
				after a standby trust is funded upon the instruction of the director with funds
				drawn from a guarantee, local government guarantee with standby trust, letter
				of credit, or surety bond, and the amount in the standby trust is reduced below
				the full amount of coverage required, the owner or operator shall by the
				anniversary date of the financial mechanism from which the funds were drawn:
a. Replenish the value of financial assurance
				to equal the full amount of coverage required, or
b. Acquire another financial assurance
				mechanism for the amount by which funds in the standby trust have been
				reduced.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.1 - Authority, Purpose and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
This chapter
				is adopted under the authority of Iowa Code Supplement chapter 455H. These
				rules establish the policy and procedures for the voluntary enrollment of
				contaminated property in the "land recycling program" established under chapter
				45 5H. These rules also establish the response action standards which
				participants must meet in order to qualify for a no further action certificate
				and the statutory protections and immunities which follow from it.
(2)
Purpose.
Consistent with
				the declaration of policy stated in Iowa Code Supplement section 455H. 104,
				these rules are intended to achieve the dual objective of addressing the
				current and future risks associated with contaminated property and thereby
				enhancing the market conditions which can lead to development of these
				properties into their highest productive use. These objectives can in part be
				met through a program which encourages voluntary participation by persons who
				may have a legal duty to address, in whole or in part, the contamination within
				an affected area as well as persons who might not have a legal obligation but
				who have an interest in development of enrolled sites. These rules attempt to
				provide a degree of certainty in the response action process as an incentive to
				participants and as a means of assisting participants in quantifying their
				financial investment. The following statement of principles is intended as a
				guide both in the interpretation of these rules and as a statement of the
				department's regulatory philosophy.
a. It is
				the objective of the department and these rules to establish a collaborative
				process between the participant(s) and department staff as the most effective
				means of achieving consensus and resolving disputes on issues which are not or
				cannot be fully defined and anticipated by rule.
b. Although participation in this program is
				voluntary, these rules establish basic standards which must be met in order to
				obtain regulatory closure from the department through issuance of a no further
				action certificate.
c. Although the
				scope of the response actions addressed under these rules may not in every case
				address all known or unknown releases within an affected area, it should be the
				objective of both the department and the participants to work together and to
				use all resources available to address all known releases within an affected
				area in the interest of protecting public health, safety and the environment as
				well as achieving regulatory finality.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.4 - Background Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
This rule defines the basis and procedure for
				establishing background standards in groundwater, soil, surface water, and air.
				Background standards represent concentrations of contaminants that are
				naturally occurring or generally present and not related to a readily
				identifiable release. Background standards provide a baseline for assessing
				impacts of contaminant releases from within the affected area.
(2)
Determination of background
				standards.
Background standards shall be based on sampling at
				appropriate site-specific background locations. Background sampling locations
				shall be outside the influence of any possible contamination associated with
				releases occurring on the property in which the enrolled site is located.
				Sufficient supporting information shall be provided to demonstrate the
				appropriateness of background sampling locations. Appropriateness for
				background sampling locations has two aspects which shall be addressed:
a. Background samples shall be collected from
				a location which represents a true background condition with respect to the
				enrolled site. For example, a background groundwater sample will be collected
				from an upgradient location relative to groundwater movement.
b. Background samples will represent
				conditions which are comparable to the contaminated media being addressed. In
				the case of soils, samples from the affected area and the background areas will
				be comparable in physical, chemical, and biological attributes.
Sampling conducted for the purpose of establishing a
				  background standard shall meet quality criteria specified for the site
				  assessment, rule 137.8(455H). The minimum number of samples to be collected
				  from the medium of concern for which a background standard is being established
				  shall be consistent with rule 137.10(455H), regarding demonstration of
				  compliance.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.9 - Risk Evaluation/response Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of
				risk evaluation/response action is to utilize information from the site
				assessment as a basis for:
a. Determining
				whether current exposures result in risks deemed to be excessive, based on
				evaluation against appropriate background, statewide, or site-specific
				standards.
b. Determining whether
				future exposures may result in risks deemed to be excessive, based on
				evaluation against appropriate background, statewide, or site-specific
				standards. This will likely include:
(1)
				Evaluation of potential changes in usage, e.g., installation of a new well,
				change in land use, or other activities, which result in unacceptable,
				potential exposures not evaluated as current exposures, and
(2) Evaluation of exposure concerns related
				to the movement of contamination such that potential exposures might arise
				which are not considered under current exposure assumptions, e.g., groundwater
				plume migration creating a potential for future contamination of existing wells
				or creating newly contaminated areas in which new well installation may result
				in unacceptable exposures.
c. Proposing an appropriate and acceptable
				response action or strategy to address the identified, unacceptable exposures
				or potential exposures.
d.
				Establishing the test criteria to be applied under rule 137.10(455H) for
				determining final compliance with the selected standard. In some cases this may
				consist of proving that standards are currently met; in other cases it may
				result in an assessment of whether the response action succeeds in bringing
				about compliance with a selected standard.
The risk evaluation/response action is intended only for
				  application to the specific contaminants and situations for which the site is
				  enrolled.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.10 - Demonstration of Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of the demonstration of compliance
				section is to provide a mechanism by which to verify that:
a. Appropriate and acceptable standards are
				complied with and that compliance can be reasonably expected to continue in the
				future;
b. Any and all remedial
				measures proposed under rule 137.9(455H) have achieved their purpose;
				and
c. Appropriate institutional
				and technological controls, or monitoring mechanisms, have been successfully
				put in place.
In some cases the demonstration of compliance may mark the
				  final step, taken by the participant, prior to the issuance of a no further
				  action certificate. In other cases it may mark the transition to the longer
				  term closure activities associated with the site, such as monitoring,
				  maintenance of technological controls, and continuing enforcement of
				  institutional controls. In this latter case, demonstration of compliance
				  activities may or may not result in the issuance of a no further action
				  certificate, depending on the approach proposed in the response action. In some
				  cases it may be necessary to successfully complete a monitoring program (or to
				  fulfill other agreed-upon obligations) prior to the issuance of the no further
				  action certificate.
In all cases, sampling of environmental media shall comply
				  with QA/QC requirements addressed elsewhere in this rule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 145 - Household Batteries › Rule 567-145.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter is intended to assist the implementation of the
				  provisions of Iowa Code sections
				  455D10A.
				  and
				  455D10B..
				  These sections limit the amount of mercury added to an alkaline manganese
				  battery and prohibit the disposal of batteries specified in
				  455D.10A(3)
"a"(1)
as part of the mixed municipal solid waste
				  stream. All consumers shall be informed of this prohibition on disposal. These
				  sections further require the establishment of a system or systems that would
				  require any or all of the following: elimination or reduction of heavy metals
				  or other toxic components, establishment of a comprehensive recycling program,
				  or collection, transport, and proper disposal of the specified
				  batteries.
Household batteries in rechargeable consumer products shall
				  be easily removable or contained in a battery pack. The rechargeable battery,
				  the instruction manual, and the product package shall be labeled to notify the
				  consumer of the need to recycle and of the type of electrode used in the
				  battery.
These provisions will further ensure the protection of the
				  state's groundwater resources while protecting the health and safety of the
				  citizens of Iowa and the environment as a whole.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 145 - Household Batteries › Rule 567-145.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, in addition to the definitions set
				  forth in Iowa Code section
				  455D10A.,
				  the following definitions apply:
"Alkaline manganese battery "
means a
				  battery consisting of a manganese dioxide positive electrode, a zinc negative
				  electrode and an alkaline electrolyte.
"Batterypack"
means one or more batteries
				  enclosed in a housing.
"Collection entity"
is defined in
				  455D.10A(3)"Z>"(1).
"Collection system"
means a system or
				  systems in which household batteries, as specified in 455D.10A(3)"a"(1), are
				  collected by several methods to be recycled or properly disposed. The methods
				  include, but are not limited to: point of purchase return, mail-in return, a
				  combination of both or a collection entity.
"Dealer "
means any person who sells or
				  otherwise offers household batteries to a consumer.
"Department"
means the Iowa department of
				  natural resources.
"Distributor"
means any person who sells or
				  otherwise offers household batteries to dealers.
"Institutionalgenerator"
is defined in
				  455D.10A(1)"e. "
"Manufacturer"
means any person who
				  manufactures or offers household batteries for sale to distributors or dealers.
				  The manufacturer's name that appears on the battery or rechargeable consumer
				  product shall be presumed to be the manufacturer.
"Mercuric oxide battery"
means a battery
				  consisting of a mercuric oxide positive electrode and a zinc negative
				  electrode.
"Nickel-cadmium battery"
means a battery
				  consisting of a nickel positive electrode and a cadmium negative
				  electrode.
"Participants in the stream of commerce"
means any dealer, distributor or manufacturer who is involved in the
				  manufacturing, distribution, or sale of household batteries specified in
				  455D.10A(3)"o"(1).
"Sealed lead-acid battery"
means a battery
				  consisting of positive and negative electrode materials which are leads or
				  compounds thereof, used in nonvehicular applications and weighing less than 25
				  pounds.
"Unreasonable hazard to public health, safety or the
				  environment"
means a situation caused by the improper disposal of an
				  item that is flammable, corrosive, toxic, or reactive, as defined by EPA
				  regulations, that may result in harm to the public health, safety, or the
				  environment. The harm created from improper disposal may be evident immediately
				  or after a period of time. This definition relates to
				  455D.10B(2)"c."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 145 - Household Batteries › Rule 567-145.3 - Household Batteries

Current through Register Vol. 47, No. 3, July 24, 2024
Any and all batteries specified in 455D.10A and 455D.10B that
				  are used for any and all purposes are covered by these rules, except those
				  batteries subject to regulation under the federal Resource Conservation and
				  Recovery Act,
				  42 U.S.C.
				  6901, et seq.
(1) Only button cell batteries containing
				mercuric oxide are included in this collection program for recycling or proper
				disposal. Mercuric oxide button cell batteries shall bear an appropriate
				identification mark. (Non-mercuric oxide button cell batteries are not included
				in this collection program for recycling or proper disposal.)
(2) Only rechargeable dry cell batteries
				containing nickel-cadmium (i.e., rechargeable kitchen appliances, rechargeable
				power tools and other household applications) are included in this collection
				program for recycling or proper disposal. (This collection or proper disposal
				program would not include nonrechargeable batteries used in radios, flashlights
				and other household applications.)
(3) Only sealed lead-acid batteries used in
				nonvehicular rechargeable (i.e., camcorders, computers, cellular phones and
				other household applications) products weighing less than 25 pounds are
				included in this collection program for recycling or proper disposal.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 145 - Household Batteries › Rule 567-145.4 - Recycling/disposal Requirements for Household Batteries

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It is the responsibility of all
				participants in the stream of commerce, either individually or collectively, to
				establish and maintain a system or systems for the proper collection,
				transportation and recycling or disposal of waste batteries, specified in
				455D.10A(3)
"a, "
for consumers and institutional generators in
				Iowa, beginning July 1, 1996.
(2)
				The manufacturers shall provide apian to the department, by May 1,1996, that
				specifically identifies a system or systems for the proper collection,
				transportation and recycling or disposal of the specified waste household
				batteries. This information shall identify, to the extent possible,
				transporters and recycling or disposal destinations.
(3) A consumer that is not an institutional
				generator shall not be required to pay for any collection, disposition and
				recycling activities after the original purchase of the battery. However, these
				charges may be built into the original cost of the product. An institutional
				generator shall provide for the on-site source separation and collection of
				used mercuric oxide batteries, nickel-cadmium rechargeable batteries, and
				sealed lead-acid rechargeable batteries.
(4) As part of the requirement of informing
				each consumer of the safe and convenient return process available for recycling
				or proper disposal of waste batteries, pursuant to Iowa Code section 455D.
				10A(3)
"b "(2),
a manufacturer shall provide a telephone number
				to each consumer of the specified batteries that provides information on
				returning these batteries for recycling or proper disposal. This telephone
				number shall also be provided to the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 145 - Household Batteries › Rule 567-145.5 - Exemptions for Batteries Used in Rechargeable Consumer Products

Current through Register Vol. 47, No. 3, July 24, 2024
A rechargeable consumer product manufacturer may apply to the
				  department for exemption from the requirements of 455D. 10B(1). An application
				  for exemption from these requirements shall be submitted on 8½- x
				  11-inch paper and contain:
1. The
				name, address, and telephone number of the applicant and the applicant's
				contact;
2. A statement setting
				forth the specific basis upon which the exemption is sought.
The information required pursuant to this rule shall be
				  furnished to the department for each specified rechargeable consumer product
				  for which an exemption is sought. The department shall approve or deny an
				  exemption upon receipt of an application therefor. Allowable exemptions are
				  specified in 455D.10B(2) "a" through
"d."