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HHM Program Proposed Rule Revision

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Monday, July 17, 2017

IDNR is seeking your feedback on proposed rules and forms as they relate to Regional Collection Centers and Satellite Facilities.

The proposed documents are posted under Anticipated Rulemaking. Please review the documents and provide your comments and preferred draft of the proposed rules as outlined below. Comments must be received by August 21, 2017.

Based upon the comments received on the administrative rule drafts of chapters 567—123 and 211, the department is offering two updated drafts for stakeholder review. The first option maintains two separate chapters for 567—123 “REGIONAL COLLECTION CENTERS AND MOBILE UNIT COLLECTION AND CONSOLIDATION CENTERS” and 567—211 “FINANCIAL ASSISTANCE FOR THE COLLECTION OF HOUSEHOLD HAZARDOUS MATERIALS AND HAZARDOUS WASTE FROM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS”. The second option combines the two chapters into a single chapter. The primary difference between the two options is how the department provides oversight of RCCs and satellite facilities.

The first option continues the separation of financial and RCC facility licensing requirements. This version proposes an operating license for RCC’s. Existing RCC’s will be automatically updated to an operating license. The license can be renewed every five years via USPS or email by updating the attached one page document (RCC License Renewal) to the department. RCC’s must maintain a plan of operations, which includes an Emergency Response Plan at their facility. Satellite facilities would not need to obtain a license but would be required to follow the chapter requirements. These chapters are supported by Iowa Code section 455F.8 which states, “The department shall conduct programs to promote the proper management of household hazardous materials collected from residents and conditionally exempt small quantity generators.”

The second option, or combined version of 567—123 and 211, takes a very literal interpretation of Iowa Code section 455F. Iowa Code subsection 455F.8A“c” states in part, “The department shall develop criteria to evaluate proposals for the establishment of permanent collection facilities…The criteria shall also include a requirement that the recipient of a grant design and construct a facility sufficient for the collection, sorting, and packaging of materials prior to transportation of the materials to the final disposal site. Final review of design and construction of the proposed facilities shall be by the department.”

This subsection above ties the grant funding to the criteria for facility design and construction. To satisfy the highlighted and bold language, provisions are added to the chapter for obtaining a construction permit for a new RCC or satellite facility. A construction permit is a one-time permit issued prior to construction of a facility. Unlike a traditional sanitary disposal project (SDP) permit, there are no requirements to renew the permit, submit an operations plan, closure plan, or an ERRAP. These are important plans for an SDP permit but not necessary for issuance of a construction permit. Since it is a construction permit and all of the existing facilities were already constructed according to the criteria in chapter 123 with oversight by the DNR, owners of existing RCCs and satellite facilities would not be required to resubmit plans for facility design and construction in order to obtain a construction permit. These facilities would be “grandfathered” into the new chapter for construction permit purposes. A new construction permit will be needed if the facility structure is modified in the future. The existing SDP permits issued under chapter 123 would no longer be required and be rescinded. Even though existing facilities are “grandfathered in” for permitting purposes, they must maintain compliance with the facility design requirements, semi-annual reporting, and have properly trained operators at all times in order to remain eligible for the financial assistance provided for in the chapter. Inspections may be conducted by the department from time to time to verify facility design and operator training compliance.

We believe that either version can be supported by the provisions in Iowa Code sections 455E.11 and 455F. We have also confirmed with the US EPA that either version of state oversight, operations license or construction permit, meets the criteria in 40 CFR 262.14(a)(5), as it applies to facilities receiving hazardous waste from very small quantity generators.

To keep the rule-making effort moving forward, your review and written/emailed feedback must be received no later than August 21, 2017.

You may send your version preference and or comments to me via email or by USPS at the address below.
Thank you for your time.

Kathleen L. Hennings| Environmental Specialist Sr.
Household Hazardous Materials Program
Iowa Department of Natural Resources
502 E. 9th St., Des Moines, IA 50319