reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.14 - Reports by Producers, Transporters or Storers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Producers.
The producer
			 or operator of each and every lease shall on or before the fifteenth day of
			 each month succeeding the month in which the production occurs, submit to the
			 department on a form prescribed by the department, a statement showing the
			 amount of production made by each such lease during the preceding
			 month.
(2)
Transporters or
			 storers.
Each transporter or storer of any oil or gas from any well,
			 lease, pool, or developed unit shall, on or before the fifteenth day of each
			 month succeeding the month in which the purchasing or taking occurs, file with
			 the department, on forms prescribed by the department, a statement of oil or
			 gas purchased or taken from any such well, lease, pool, or developed unit
			 during the preceding month.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.15 - Abandonment and Plugging of Wells

Current through Register Vol. 47, No. 3, July 24, 2024
Any well drilled in connection with oil or gas operations or
				metallic mineral exploration or production shall be properly plugged when the
				well is no longer used for the purpose for which it was drilled. In instances
				where no completion or recompletion reports are filed, the well(s) in question
				must be properly abandoned and plugged within 30 days after the permit
				authorizing the drilling expires.
(1)
Notice of intent to abandon and plug.
Notice of the proposed
			 method of abandoning and plugging any well drilled in connection with oil or
			 gas operations or metallic mineral exploration or production must be filed on a
			 form prescribed by the department. Approval must be obtained from the director
			 prior to commencing operations. Time must be allowed for a department
			 representative to be present at the plugging operations, if so desired by the
			 director. Where the time required to file notice and obtain approval in writing
			 would constitute an undue hardship, verbal permission to proceed may be
			 granted, but in any case the form must be filed.
(2)
Method of plugging.
Before any well is abandoned, it shall be plugged in a manner which will
			 confine permanently all oil, gas, and water in the separate strata in which
			 they occur. This operation shall be accomplished by the use of mud-laden fluid,
			 cement, and plugs, used singly or in combination as may be approved by the
			 director. In the event that no log or an unsatisfactory log of the well is
			 supplied, the well shall be completely plugged with cement from bottom to top.
			 Casing shall be cut off below plow depth. Seismic, core, or other exploratory
			 holes drilled to or below strata containing fresh water shall be plugged and
			 abandoned in accordance with the applicable provisions recited above.
(3)
Extension of time to plug
			 well.
Upon written application to defer the abandonment and plugging
			 of any unplugged well, the department may grant an extension for a reasonable
			 period of time when good cause therefor is shown and providing all of the
			 casing is left in the well and is in sound condition. The bond covering such
			 well shall remain in full force and effect until the well is plugged and the
			 other requirements of final abandonment have been completed.
Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 17 - Oil, Gas, and Metallic Minerals › Rule 561-17.16 - Well Spacing

Current through Register Vol. 47, No. 3, July 24, 2024
In the absence of an order by the department setting spacing
				units for a pool, the following shall apply.
(1)
Oil wells.
No more than
			 one well drilled for oil shall be drilled upon any tract of land other than a
			 governmental quarter-quarter section or governmental lot corresponding thereto,
			 or, in areas not covered by U. S. public land surveys, an arbitrarily
			 designated 40-acre tract. The well shall not be located closer than 330 feet to
			 any boundary line of the governmental quarter-quarter section, governmental lot
			 corresponding thereto, or arbitrarily designated 40-acre tract, nor closer than
			 660 feet to the nearest well drilling to or capable of producing from the same
			 pool on the same lease or unit. Should the governmental quarter-quarter
			 section, governmental lot, or arbitrarily designated tract contain less than 36
			 acres, no well shall be drilled thereon except by special order of the
			 department.
(2)
Gas
			 wells.
Not more than one well shall be drilled for gas upon any tract
			 of land other than a governmental section, or, in areas not covered by U.S.
			 public land surveys, an arbitrarily designated 640-acre tract. The wells shall
			 not be located closer than 1,320 feet to any boundary line of the governmental
			 section or arbitrarily designated 640-acre tract, nor closer than 3,750 feet to
			 the nearest well drilling to or capable of producing from the same pool on the
			 same lease or unit. Should the governmental section or arbitrarily designated
			 tract contain less than 600 acres, no well shall be drilled thereon except by
			 special order of the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.2 - Meeting Location and Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of
				meetings.
The commission generally meets monthly, but is required to
				meet at least quarterly. The director, chairperson, or a majority of
				commissioners may establish meetings.
(2)
Notification of
				meetings.
The director will provide public notice of all meeting
				dates, locations, and agendas.
a. Notice of
				meetings is given by posting the agenda. The agenda lists the time, date,
				location, and topics to be discussed at the meeting. The agenda may include a
				specific time for the public to address the commission on any issue related to
				the duties and responsibilities of the commission, except as otherwise provided
				in these rules.
b. The agenda for
				each meeting will be posted at the department's main headquarters and on the
				department's website. The agenda will be provided to anyone who files a request
				with the department. The final agenda will be posted at least 24 hours prior to
				the meeting, unless for good cause such notice is impossible or impractical, in
				which case as much notice as is reasonably possible will be given. Any
				additions to the agenda after posting and distribution will be posted at least
				24 hours prior to the meeting, unless for good cause such notice is impossible
				or impractical, in which case as much notice as is reasonably possible will be
				given. The commission may adopt additions to the agenda at the meeting only if
				good cause exists requiring expeditious discussion or action. The reasons and
				circumstances necessitating agenda additions, or those given less than 24
				hours' notice by posting, shall be stated in the minutes of the
				meeting.
c. Written materials
				provided to the commission with the agenda may be examined by the public.
				Copies of the materials may be distributed at the discretion of the director.
				The director may require a fee to cover the reasonable cost to the department
				to provide the copies, in accordance with rules of the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.3 - Attendance and Participation by the Public

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Attendance.
All meetings are open to the public. The
				commission may exclude the public from portions of the meeting in accordance
				with Iowa Code section
				21.5.
(2)
Participation.
a.
Items on agenda.
Presentations to the commission may be made at the discretion of the
				chairperson.
b.
Items not
				on agenda.
The commission will not act on a matter not on the agenda,
				except in accordance with paragraph 1.2(2)
"b."
Persons who
				wish to address the commission on a matter not on the agenda should file a
				request with the director to place that matter on the agenda of the subsequent
				meeting.
c.
Meeting
				decorum.
The chairperson may limit participation as necessary for the
				orderly conduct of agency business. Cameras and recording devices may be used
				during meetings provided they do not interfere with the orderly conduct of the
				meeting. The chairperson may order the use of these devices discontinued if
				they cause interference and may exclude those persons who fail to comply with
				that order.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.4 - Quorum and Voting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quorum.
Five or more commissioners present at a meeting
				constitute a quorum.
(2)
Voting.
a.
Voting
				requirements if eight or nine commissioners are currently appointed.
If eight or nine commissioners are currently appointed to the environmental
				protection commission by the governor, then the affirmative votes of five or
				more commissioners shall be required to act on any matter within the
				jurisdiction of the commission.
b.
Voting requirements if seven or fewer commissioners are currently
				appointed.
If seven or fewer commissioners are currently appointed to
				the environmental protection commission by the governor, then the affirmative
				votes of four or more commissioners shall be required to act on any matter
				within the jurisdiction of the commission.
c.
Voting requirements to go into
				closed session.
Notwithstanding paragraph 1.4(2)
"a"
or 1.4(2)
"b,"
a vote to go into closed session shall require
				the concurrence of six or more members of the commission or the concurrence of
				all members present if fewer than six members are present.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.5 - Conduct of Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Meetings will be conducted in accordance with
				Robert's Rules of Order unless otherwise provided in these rules. Voting will
				be by voice or by roll call. Voting will be by voice unless a voice vote is
				inconclusive, a member of the commission requests a roll call, or the vote is
				on a motion to close a portion of a meeting. The chairperson will announce the
				result of the vote.
(2)
Voice votes.
All commission members present should respond
				when a voice vote is taken.
a. All members
				present will be recorded as voting aye on any motion when there are no nay
				votes or abstentions heard.
b. Any
				member who abstains will state at the time of the vote the reason for
				abstaining. The abstention and the reason for it will be recorded in the
				minutes.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.6 - Minutes, Transcripts, and Recordings of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Audio
				recordings.
The director may record each meeting and shall record each
				closed session.
(2)
Minutes.
The director will keep minutes of each meeting.
				Minutes will be reviewed and approved by the commission.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.7 - Officers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Officers.
The officers of the commission are the chairperson,
				the vice chairperson, and the secretary.
(2)
Duties.
The chairperson
				will preside at meetings and will exercise the powers conferred upon the
				chairperson. The vice chairperson will perform the duties of the chairperson
				when the chairperson is absent or when directed by the chairperson. The
				secretary will make recommendations to the commission on approval or revision
				of the minutes and act as parliamentarian.
(3)
Elections.
Officers will
				be elected annually during May.
(4)
Succession.
a. If the
				chairperson does not serve out the elected term, the vice chairperson will
				succeed the chairperson for the remainder of the term. A special election will
				be held to elect a new vice chairperson to serve the remainder of the
				term.
b. If the vice chairperson
				does not serve out the elected term, a special election will be held to elect a
				new vice chairperson to serve the remainder of the term.
c. If the secretary does not serve out the
				elected term, a special election will be held to elect a new secretary to serve
				the remainder of the term.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.9 - Officers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Officers.
The officers of the commission are the chairperson,
				the vice chairperson, and the secretary.
(2)
Duties.
The chairperson
				shall preside at meetings, and shall exercise the powers conferred upon the
				chairperson. The vice chairperson shall perform the duties of the chairperson
				when the chairperson is absent or when directed by the chairperson. The
				secretary shall supervise the preparation of minutes, make recommendations to
				the commission on approval or revision of the minutes, and act as
				parliamentarian.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 1 - Operation of Environmental Protection Commission › Rule 567-1.10 - Election and Succession of Officers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Elections.
Officers shall be elected annually during
				May.
(2)
Succession.
a. If the
				chairperson does not serve out the elected term, the vice chairperson shall
				succeed the chairperson for the remainder of the term. A special election shall
				be held to elect a new vice chairperson to serve the remainder of the
				term.
b. If the vice chairperson
				does not serve out the elected term, a special election shall be held to elect
				a new vice chairperson to serve the remainder of the term.
c. If the secretary does not serve out the
				elected term, a special election shall be held to elect a new secretary to
				serve the remainder of the term.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 2 - Public Records and Fair Information Practices › Rule 567-2.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 2, Iowa
				  Administrative Code, with the addition of the following new subrule.
(7) Definitions. For purposes of this
				chapter:
a. "Emission data" means the
				following, with reference to any source of emission of any substance into the
				air:
(1) Information necessary to determine
				the identity, amount, frequency, concentration, or other characteristics (to
				the extent related to air quality) of any emission which has been emitted by
				the source (or of any pollutant resulting from any emission by the source) or
				any combination of the foregoing;
(2) Information necessary to determine the
				identity, amount, frequency, concentration, or other characteristics (to the
				extent related to air quality) of the emissions which, under an applicable
				standard or limitation, the source was authorized to emit (including, to the
				extent necessary for such purposes, a description of the manner or rate of
				operation of the source); and
(3) A
				general description of the location and nature of the source to the extent
				necessary to identify the source and to distinguish it from other sources
				(including, to the extent necessary for such purposes, a description of the
				device, installation, or operation constituting the source).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 4 - Agency Procedure for Rule Making › Rule 567-4.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 4, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code chapter 17A as
				  amended by 1998 Iowa Acts, chapter 1202.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 5 - Petitions for Rule Making › Rule 567-5.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 5, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code chapter 17A as
				  amended by 1998 Iowa Acts, chapter 1202.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 6 - Declaratory Orders › Rule 567-6.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 6, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code chapter 17A as
				  amended by 1998 Iowa Acts, chapter 1202.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 7 - Rules of Practice in Contested Cases › Rule 567-7.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 7, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code sections
				  17A3.
				  and
				  17A12.
				  to
				  17A18..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.1 - Complaints and Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The process to submit a complaint and to investigate a
				  complaint is as follows:
(1)
Submission requirements and investigations.
Complaints
				concerning alleged violations of departmental statutes or rules should be
				submitted to the appropriate department office, and the nature of the complaint
				must be summarized in a concise manner. Complaints will be investigated by the
				department if it appears that an investigation is needed to ensure compliance
				with applicable departmental statutes or rules.
(2)
Known source of
				complaints.
In the case of a known complainant, the appropriate
				department office shall notify the complainant of the investigation results or
				of its decision not to investigate the complaint.
(3)
Anonymous complaints.
Complaints may be submitted by anonymous sources and will be handled as
				discretionary investigations. In these cases, the department will not be able
				to notify the complainants of the results of the investigations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.10 - Environmental Audits

Current through Register Vol. 47, No. 3, July 24, 2024
This part sets forth rules governing voluntary disclosure of
				  environmental noncompliance discovered as a result of an environmental
				  self-audit conducted by or on behalf of a facility owner or operator under the
				  provisions of Iowa Code chapter 455K.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.11 - Notice of Audit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a notice of
				audit is provided to the department, it must be submitted in writing and
				include the following information:
a. The name
				and location (address and city) of the facility to be audited;
b. The description of the facility or portion
				of the facility, activity, operation or management system to be audited,
				including applicable department permits or registration numbers;
c. The anticipated audit initiation date
				(day, month, and year);
d. The
				general scope of audit, with sufficient detail to determine if discovered
				violations would be included. If the scope of the audit changes before it is
				completed, an amended notice shall be submitted promptly;
e. The names of the persons conducting the
				audit; and
f. The anticipated audit
				completion date, not to exceed six calendar months.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.12 - Request for Extension

Current through Register Vol. 47, No. 3, July 24, 2024
If notice of audit is given to the department, the audit must
				  be completed within a reasonable time, not to exceed six calendar months from
				  the date the notice of audit is received by the department unless a written
				  request for extension has been filed with and granted by the department.
(1) A request for extension must be filed in
				writing with the department at least 30 calendar days prior to expiration of
				the initial six-month period and provide sufficient information for the
				department to determine whether reasonable grounds exist to grant an
				extension.
(2) The department will
				provide written determination either granting or denying a request for
				extension within 15 calendar days of receipt.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.13 - Disclosure of Violation

Current through Register Vol. 47, No. 3, July 24, 2024
An owner or operator wishing to take advantage of the
				  immunity provisions of Iowa Code chapter 455K must make a prompt voluntary
				  disclosure to the department regarding an environmental violation which is
				  discovered through an environmental audit.
(1) A disclosure of violation must be sent to
				the department in writing and include the following information:
a. Reference to the date of the relevant
				notice of audit and assigned identification number;
b. Time of initiation and completion of the
				audit, if applicable;
c. The names
				of the person or persons conducting the audit;
d. Affirmative assertion that a violation has
				been discovered;
e. Description of
				the violation and reason for believing a violation exists;
f. Date of discovery of the violation and
				interim measures, if applicable, to abate the violation;
g. Duration of the violation if it can be
				determined; and
h. The status and
				schedule of proposed final corrective measures, if applicable.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.14 - Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
A notice of audit, request for extension, and disclosure of
				  violation documents are considered public information. Copies of the
				  environmental audit report should not be submitted to the
				  department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.20 - Enforcement Options

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to administrative and civil actions for monetary
				  penalty, the following enforcement options are available to the department to
				  obtain information and seek compliance.
(1)
Informal meeting.
Department staff may attempt to resolve a potential violation or obtain
				additional information with an informal meeting. The discussion will usually
				focus on corrective actions to be taken, and in most instances, only department
				staff and the facility representative will be present.
(2)
Letter of inquiry (LOI).
The purpose of an LOI is to allow the regulated entity the opportunity to
				provide information that would be helpful for a determination of whether a
				violation has occurred.
(3)
Letter of noncompliance (LNC).
An LNC may be used when no
				environmental harm or threat to human health or safety has occurred or is
				imminent, the regulated entity is not a repeat offender, the corrective action
				is not deemed an emergency, or the violation is considered insignificant. The
				letter is intended to provide the regulated entity with an opportunity to
				correct the identified deficiencies prior to further enforcement activity. In
				an LNC, the department may suggest remedial measures, set a date for returning
				to compliance, or request a response from the regulated entity within a
				specific time period as to how the identified problems will be
				resolved.
(4)
Notice of
				violation (NOV).
When the other compliance and enforcement activities
				described in this division are not appropriate for a violation, or when the
				regulated entity has not returned to compliance, the department may issue an
				NOV. An NOV may be used when environmental harm or a threat to human health or
				safety has occurred or is imminent, a regulated entity is a repeat offender, a
				corrective action is deemed an emergency, or a violation is considered
				significant. An NOV identifies the nature of the violation and any required
				corrective action.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.21 - Options to Respond

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receiving an LOI, LNC, or NOV, a regulated entity has
				  the option to respond to the department, even if a response is not specifically
				  requested. In responding to an LNC or NOV, the regulated entity should clearly
				  outline any disagreements with the LNC or NOV, provide any pertinent additional
				  information, describe any current or planned corrective action, and provide a
				  schedule for returning to compliance. The department will review written
				  information submitted in response to the compliance and enforcement procedures
				  described in this part and will include this information in the file of record.
				  Nothing in this chapter adds to or takes away from the appeal rights provided
				  in Iowa Code chapter 17A.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.22 - Department Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
At the department's sole discretion, the department may
				  follow the compliance and enforcement procedures described in this part,
				  commence with an LNC or NOV, or forego these options and commence with an
				  administrative action, or the department may request referral to the attorney
				  general.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.30 - Criteria for Screening and Assessing Administrative Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
All formal enforcement actions are processed through the
				  environmental protection division administrator of the department. The
				  administrator shall screen each case to determine the most equitable and
				  efficient means of redressing and abating a violation. In screening a violation
				  to determine which cases may be appropriate for administrative assessment of
				  penalties or for purposes of assessing administrative penalties, the department
				  will consider among other relevant factors the following:
(1)
Economic benefit.
Costs
				saved or likely to be saved by a violator's noncompliance. Where a violator
				realizes an economic benefit through the violation or by not taking timely
				compliance or corrective measures, the department shall take enforcement action
				which includes penalties to offset the economic benefit. Reasonable estimates
				of economic benefit should be made where clear data are not
				available.
(2)
Gravity of
				the violation.
Factors include but are not limited to:
a. The actual or threatened harm to the
				environment or public health and safety.
b. Involvement of toxic or hazardous
				substances or potential long-term effects of the violation.
c. The degree to which ambient or
				source-specific standards are exceeded, where pertinent.
d. Federal program priorities, size of
				facility, or other pertinent factors.
e. Whether the violation is repeated or
				whether it violates an administrative or court order.
f. Whether the type of violation threatens
				the integrity of a regulatory program.
g. Expenses or efforts by the government in
				detecting, documenting, or responding to a violation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 10 - Complaints, Audits, Enforcement Options and Administrative Penalties › Rule 567-10.31 - Assessment of Administrative Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Except for operator discipline, administrative penalties
				  shall be assessed through issuance of an administrative order or an
				  administrative consent order of the director which recites the facts and the
				  legal requirements which have been violated, and a general rationale for the
				  prescribed penalty.
(1)
Administrative order or administrative consent order.
An
				administrative order or administrative consent order may include cumulative
				penalties up to $10,000 for multiple violations and may be combined with any
				other order authorized by statute for mandatory or prohibitory injunctive
				conditions. The administrative order is subject to contested case and appellate
				review. Operator discipline is governed by 567-Chapter 81.
(2)
Determination of amount.
The amount of penalty for each day of violation shall be determined from
				evaluation of the factors outlined in rule 567-10.30(455B). The actual or
				reasonably estimated economic benefit shall always be assessed.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 11 - Tax Certification of Pollution Control or Recycling Property › Rule 567-11.1 - Form

Current through Register Vol. 47, No. 3, July 24, 2024
All requests for the department to certify air or water
				  pollution control recycling property pursuant to Iowa Code section
				  427.1(19) 
				  shall be submitted on a form prescribed by the department. Through these forms,
				  the department may request any information necessary to make a determination
				  under 567-11.5
				  (427).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 11 - Tax Certification of Pollution Control or Recycling Property › Rule 567-11.2 - Time of Submission

Current through Register Vol. 47, No. 3, July 24, 2024
A request may be submitted at any time. Taxpayers are
				  reminded that failure to dispatch a request sufficiently in advance of the
				  February 1 deadline for filing with the assessing authority may cause the
				  applicant to fail to qualify for the first possible annual
				  exemption.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 11 - Tax Certification of Pollution Control or Recycling Property › Rule 567-11.3 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall notify the taxpayer of the decision
				  within ten days of receipt of a complete request. The notice shall include
				  either the certificate if the decision is to certify the property as requested,
				  or a concise statement of reasons for denial if the decision is to deny the
				  request or to certify a lesser portion of the property than requested. The
				  determination of the department to deny or grant only a portion of the request
				  may be appealed to the commission pursuant to 567-Chapter 7.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 11 - Tax Certification of Pollution Control or Recycling Property › Rule 567-11.4 - Issuance

Current through Register Vol. 47, No. 3, July 24, 2024
Upon the decision of the department or the commission on
				  appeal to certify all or any portion of the property for which a request has
				  been made, two copies of the certificate will be signed by the director or the
				  director's designee and mailed to the taxpayer. The certificate shall describe
				  the property certified and state the date on which the department certified the
				  property.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 11 - Tax Certification of Pollution Control or Recycling Property › Rule 567-11.5 - Criteria for Determining Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Property that has been installed and is used
				primarily to meet an effluent standard, a water quality standard, or an
				emission standard or to control hydrocarbons, fugitive dust, odors or other air
				contaminants in a reasonably adequate manner shall be considered to be used
				primarily to control or abate pollution of the water or air of the state.
				Property that has been installed to meet a standard more stringent than an
				emission or water quality standard shall be considered to be used primarily to
				enhance the quality of the water or air of the state. Personal property or
				improvements to real property as defined by Iowa Code section
				427A.1 or any portion of the
				property used primarily in the manufacturing process and resulting directly in
				the conversion of waste plastic, wastepaper products, waste paperboard, waste
				glass, or waste wood into new raw materials or products composed primarily of
				recycled material shall be considered recycling property. Each request will be
				considered in the context of its particular circumstances.
In the event that such property also serves other purposes or
				  uses of productive benefit to the owner of the property, only such portion of
				  the assessed valuation thereof as may reasonably be calculated to be necessary
				  for and devoted to the control or abatement of pollution, to the enhancement of
				  the quality of the air or water of this state, or for recycling shall be exempt
				  from taxation.
(2)
Denial.
Property may be denied certification if it is not
				being operated in compliance with the rules of the department so as to
				effectively control or abate pollution or enhance the quality of the air or
				water of the state, or recycle property into new raw materials or products
				composed primarily of recycled material. Property that was constructed or
				installed without permits required from the department will be denied
				certification unless and until such time as the property has received
				after-the-fact approval from the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 13 - Waivers or Variances From Administrative Rules › Rule 567-13.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 10, Iowa
				  Administrative Code, provided that the word "commission" is substituted for
				  "department" throughout.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title I - General › Chapter 15 - Cross-media Electronic Reporting › Rule 567-15.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This rule implements 40 CFR Part 3, the federal cross-media
				  electronic reporting rule (CROMERR), as amended through November 17,
				  2009.
(1)
Applicability.
The provisions of
				40 CFR Sections
				3.1 and
				3.2 are adopted by
				reference.
(2)
Definitions.
a. For the
				purpose of this chapter, the following definitions in
				40 CFR Section
				3.3 are adopted by reference: "Authorized
				program," "Copy of record," "Electronic document," "Electronic document
				receiving system," "Electronic signature," "Electronic signature agreement,"
				"Electronic signature device," "Federal program," "Handwritten signature," and
				"Valid electronic signature."
b.
				The following definition applies to this chapter:
"Authorized signatory"
means an individual
				  authorized to sign documents under one or more authorized programs, in
				  accordance with the specific requirements of each authorized program, and who
				  signs a document submitted to one of the department's electronic document
				  receiving systems pursuant to an electronic signature agreement.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.2 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for variances.
A person may make an application
				for a variance from applicable rules or standards specified in this title.
a.
Contents.
Each
				application for a variance shall be submitted to the director and state the
				following:
(1) The name, address, email
				address, and telephone number of the person submitting the application or, if
				such person is a legal entity, the name and address of the individual
				authorized to accept service of process on its behalf and the name of the
				person in charge of the premises where the pertinent activities are
				conducted.
(2) The type of business
				or activity involved.
(3) The
				nature of the operation or process involved, including information on the air
				contaminants emitted and the estimated amount and rate of discharge of such
				emissions.
(4) The exact location
				of the operation or process involved.
(5) The reason or reasons for considering
				that compliance with the provisions specified in these rules will produce
				serious hardship without equal or greater benefits to the public, and the
				reasons why no other reasonable method can be used for such operations without
				resulting in a hazard to health or property.
(6) Each application shall contain
				certification of truth and accuracy by a responsible official as defined in
				567-24.100(455B). This certification shall state that, based on information and
				belief formed after reasonable inquiry, the statements and information provided
				are true and accurate.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.4 - Circumvention of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
No person shall build, erect, install, or use any article,
				  machine, equipment, or other contrivance that conceals an emission that would
				  otherwise constitute violation of these rules.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.5 - Evidence Used in Establishing That a Violation Has Occurred or Is Occurring

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any other provisions of these rules, any
				  credible evidence may be used for the purpose of establishing whether a person
				  has violated or is in violation of any provisions herein.
(1) Information from the use of the following
				methods is presumptively credible evidence of whether a violation has occurred
				at a source. The following testing, monitoring, or information-gathering
				methods are presumptively credible testing, monitoring, or
				information-gathering methods:
a. A
				monitoring method approved for the source and incorporated in an operating
				permit pursuant to 567-Chapter 24;
b. Compliance test methods specified in
				567-21.10(455B);
c. Testing or
				monitoring methods approved for the source in a construction permit issued
				pursuant to 567-Chapter 22;
d. Any
				monitoring or testing methods provided in these rules; or
e. Other testing, monitoring, or
				information-gathering methods that produce information comparable to that
				produced by any method in this subrule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.6 - Temporary Electricity Generation for Disaster Situations

Current through Register Vol. 47, No. 3, July 24, 2024
An electric utility may operate generators at an electric
				  utility substation with a total combined capacity not to exceed two megawatts
				  in capacity for a period of not longer than ten calendar days and only for the
				  purpose of providing electricity generation in the event of a sudden and
				  unforeseen disaster that has disabled standard transmission of electricity to
				  the public. Department approval shall be required if the electric utility
				  intends to operate generators for a period longer than ten calendar days. The
				  electric utility shall provide an oral report to the appropriate department
				  field office and to the department's air quality bureau and shall specify the
				  anticipated duration within eight hours of commencing use of a generator or at
				  the start of the first working day following the placement of a generator at
				  each site. A written report shall be submitted to the department within 30
				  calendar days following the cessation of use of the generators. The written
				  report shall state the nature of the sudden and unforeseen disaster, the
				  location of each site, the number of generators used, the capacity of the
				  generators used, the fuel type of the generators, and the duration of use of
				  each generator. For purposes of this rule, the definition of "disaster" shall
				  be as defined in Iowa Code section
				  29C.2(4), and a
				  disaster may occur before, with, or without a gubernatorial or federal disaster
				  proclamation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.7 - Excess Emission Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Excess
				emission during periods of startup, shutdown, or cleaning of control
				equipment.
Excess emission during a period of startup, shutdown, or
				cleaning of control equipment is not a violation of the emission standard if
				the startup, shutdown, or cleaning is accomplished expeditiously and in a
				manner consistent with good practice for minimizing emissions. Cleaning of
				control equipment that does not require the shutdown of the process equipment
				shall be limited to one six-minute period per one-hour period.
(2)
Initial report of excess
				emission.
a. An incident of excess
				emission (other than an incident of excess emission during a period of startup,
				shutdown, or cleaning) shall be reported to the appropriate regional office of
				the department within eight hours of the onset of the incident or at the start
				of the first working day following the onset of the incident. The reporting
				exemption for an incident of excess emission during startup, shutdown, or
				cleaning does not relieve the owner or operator of a source with continuous
				monitoring equipment of the obligation of submitting reports required in
				21.10(6).
b. An initial report of
				excess emission is not required for a source with operational continuous
				monitoring equipment (as specified in 21.10(1)) if the incident of excess
				emission continues for less than 30 minutes and does not exceed the applicable
				emission standard by more than 10 percent or the applicable visible emission
				standard by more than 10 percent opacity.
c. The initial report shall be made by
				electronic mail (email), in person, or by telephone and shall include at a
				minimum the following:
(1) The identity of the
				equipment or source operation from which the excess emission originated and the
				associated stack or emission point.
(2) The estimated quantity of the excess
				emission.
(3) The time and expected
				duration of the excess emission.
(4) The cause of the excess
				emission.
(5) The steps being taken
				to remedy the excess emission.
(6)
				The steps being taken to limit the excess emission in the interim
				period.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.8 - Maintenance and Repair Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Maintenance and repair.
The owner or operator of any equipment
				or control equipment shall:
a. Maintain and
				operate the equipment or control equipment at all times in a manner consistent
				with good practice for minimizing emissions.
b. Remedy any cause of excess emissions in an
				expeditious manner.
c. Minimize the
				amount and duration of any excess emission to the maximum extent possible
				during periods of such emissions. These measures may include but not be limited
				to the use of clean fuels, production cutbacks, or the use of alternate process
				units or, in the case of utilities, purchase of electrical power until repairs
				are completed.
d. Implement
				measures contained in any contingency plan prepared in accordance with
				21.8(2)
"c."
e.
				Schedule, at a minimum, routine maintenance of equipment or control equipment
				during periods of process shutdown to the maximum extent possible.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.9 - Compliance With Other Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The excess emissions provisions in 567-21.7(455B) and
				  567-21.8(455B) do not relieve the owner or operator of an emissions source
				  subject to the new source performance standards (567-subrule 23.1(2)), the
				  national emissions standards for hazardous air pollutants (567-subrule
				  23.1(3)), or the national emissions standards for hazardous air pollutants for
				  source categories (567-subrule 23.1(4)) from complying with those
				  requirements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Chapter 21 - Compliance, Excess Emissions, and Measurement of Emissions › Rule 567-21.11 - Continuous Emission Monitoring Under the Acid Rain Program

Current through Register Vol. 47, No. 3, July 24, 2024
The continuous emission monitoring requirements for affected
				  units under the acid rain program as provided in 40 CFR Part 75, including
				  Appendices A, B, F, and K, as amended through August 30, 2016, are adopted by
				  reference.