ARC 0484D

ARC 0484D

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Rulemaking related to financial and operating license requirements

    The Environmental Protection Commission (Commission) hereby rescinds Chapter 103, “Sanitary Landfills: Coal Combustion Residue”; adopts a new Chapter 103, “Financial and Operating License Requirements for Regional Collection Centers and Satellite Facilities”; and rescinds Chapter 123, “Regional Collection Centers and Satellite Facilities,” and Chapter 211, “Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 455F.5.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 455F and section 455E.11 and Executive Order 10.

Purpose and Summary

    Chapters 123 and 211 were reviewed consistent with Executive Order 10. The rulemaking rescinds both rules and replaces necessary language into new Chapter 103. The purpose of the chapter is to implement financial and operating license requirements for regional collection centers and satellite facilities, which provide for the collection and proper disposal of household hazardous materials and hazardous waste from very small quantity generators.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9912C. A public hearing was held on the following date(s):

     ?   January 28, 2026

     ?   January 30, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Commission on July 21, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on September 23, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 567—Chapter 103 and adopt the following new chapter in lieu thereof:

CHAPTER 103

FINANCIAL AND OPERATING LICENSE REQUIREMENTS FOR
REGIONAL COLLECTION CENTERS AND SATELLITE FACILITIES

567—103.1(455F) Purpose. The purpose of this chapter is to implement financial and operating license requirements for regional collection centers and satellite facilities that provide for the collection and proper disposal of household hazardous materials and hazardous waste from very small quantity generators. The costs and accessibility of hazardous materials management can be improved by the establishment and maintenance of a system of regional collection centers and satellite facilities for the safe and proper management of household hazardous materials and hazardous materials from very small quantity generators. Therefore, the department may provide financial assistance for costs associated with establishing or improving regional collection centers and satellite facilities when such funding is available. The department may also provide financial assistance for ongoing collection and disposal activities that result in eligible pounds when such funding is available. All rules, standards, technical guidance, and other similar legal or technical documents referenced in this chapter shall be the version of those documents in effect on August 1, 2025, unless otherwise noted in these rules, and except for references to the Iowa Code and Iowa Administrative Code, which shall always be the most recent version unless otherwise noted in these rules.

567—103.2(455B,455D,455F) Definitions. For the purposes of this chapter, the following definitions; definitions found in 567—Chapter 100; and definitions found in Iowa Code chapters 455B, 455D and 455F shall apply:

    “Applicant for regional collection center or satellite facility financial assistance” means a regional collection center or satellite facility operated by a private agency, a local government or a public agency representing local governments pursuant to Iowa Code chapter 28E.

    “Eligible pounds” means household hazardous waste or hazardous waste from very small quantity generators that is disposed of or recycled by a licensed hazardous waste contractor. Very small quantity generator hazardous waste for which a regional collection center is required to charge a fee under Iowa Code section 455F.8A is considered eligible pounds if there is a corresponding disposal charge from a hazardous waste contractor. “Eligible pounds” means net weight as shown on final disposition documents. A manifest shows an estimated weight and cannot be used to determine eligible pounds. Very small quantity generator hazardous waste or household hazardous waste that has no disposal cost, or for which regional collection centers receive compensation or charge a fee, is not eligible pounds. Materials such as cathode ray tubes, electronics, and used oil that are not destined for final disposal, but are instead recycled for reuse of components, are not eligible pounds.

    “Financial assistance” means monetary assistance including grants, cash payments, or support by other financial means.

    “Hazardous waste contractor” means a private company that provides proper management (e.g., disposal, recycling) of hazardous waste. “Hazardous waste contractor” does not include regional collection centers.

    “Regional collection center mobile unit” or “mobile unit” means a truck or trailer owned and operated under the direction of a regional collection center that can be moved to different sites within a region. A mobile unit is used to perform collection events and to transport collected materials to a regional collection center for sorting and consolidation.

    “Very small quantity generator” means a generator that generates less than or equal to the following amounts in a calendar month:

    1.   100 kilograms (220 pounds) of non-acute hazardous waste;

    2.   1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e);

    3.   100 kilograms (220 pounds) of any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e).

567—103.3(455F) Regional collection center license and license renewal. A license or license renewal will be issued under the following conditions.

    103.3(1) License.

    a.  A regional collection center shall not operate without a license issued by the department. Regional collection centers in existence prior to January 14, 2019, will automatically be issued an operating license.

    b.  A satellite facility shall not be required to obtain a license.

    103.3(2) Compliance. A regional collection center and satellite facility must be in compliance with current local, state and federal statutes and regulations regarding the management, storage, transportation and disposition of household hazardous materials, household hazardous waste and hazardous waste from very small quantity generators.

    103.3(3) Construction. A regional collection center shall not be constructed without review of the site plan and written approval of the site plan by the department. The approved plans and specifications shall constitute a condition of the initial operating license.

    103.3(4) Inspection prior to commencing initial operation. The department shall be notified before a regional collection center or satellite facility begins operations. No household hazardous materials or hazardous waste from very small quantity generators shall be accepted by the regional collection center or satellite facility until the facility has been inspected and approved by the department.

    103.3(5) Duration and renewal of license. The initial license issued may be renewed for a period of five years. If the license applicant is a private agency under contract with a local government, the license shall not extend past the end date of the contract. An entity designated as an environmental management system pursuant to Iowa Code section 455J.7 may opt out of the license renewal requirement provided the entity is in compliance with 103.3(2) and there has been no change in the provisions of the current license. Any change in the provisions of the current license requires written notification to the department as described in 103.3(7).

    103.3(6) Request and approval of initial license or license renewal. A new regional collection center shall file a request for a license on a form provided by the department. An established regional collection center shall file a request for license renewal 45 calendar days prior to the expiration of the current license on a form provided by the department. The facility must be in compliance with Iowa Code chapters 455B, 455D and 455F and the conditions of its current license.

    103.3(7) License modification. A regional collection center shall request to modify its license by notifying the department of changes to any provision of its license. A regional collection center shall notify the department within 30 calendar days of a planned change to the provisions of its license and within 7 calendar days of an unplanned change to the provisions of its license. Upon request to modify a regional collection center license, the facility must be in compliance with Iowa Code chapters 455B, 455D and 455F and the conditions of its current license.

567—103.4(455F) Site, structure, storage and staff qualifications. Regional collection centers, satellite facilities and mobile units shall each meet the following criteria.

    103.4(1) Siting. A site selected for a regional collection center, satellite facility or mobile unit shall meet the following criteria:

    a.  A regional collection center, satellite facility or mobile unit used for the collection of very small quantity generator waste and household hazardous materials shall be sited on public property or on private property if an agreement exists that guarantees public access. Documentation of the private property agreement for regional collection centers and satellite facilities shall be provided to the department upon request or upon application and renewal for license.

    b.  The site shall provide adequate secondary containment in case of a spill or other possible on-site contamination.

    c.  The site shall meet all applicable zoning requirements.

    d.  The site shall be adequately sized to accommodate all structures, units and activities that will take place on the site.

    e.  Regional collection centers and satellite facilities shall each have adequate security to prevent unauthorized access. Adequate security may include but is not limited to a fence and locking gate.

    f.  All mobile units and the containers used to package collected materials shall comply with applicable Iowa department of transportation rules and guidelines. At each mobile unit site, the mobile unit shall rest on a pad of a chemical-resistant, impervious, smooth material that provides secondary containment in case of a spill. A temporary surface created by securing an impervious tarp to the unloading/receiving area will meet the requirements of an impervious surface. A plan for conducting mobile unit collection events must consider the possibility of inclement weather, ensure that collected household hazardous materials and very small quantity generator hazardous waste has protection from the elements and ensure that the risk of environmental contamination is minimized.

    103.4(2) Structures. Regional collection center structures or satellite facility structures shall each meet the following criteria:

    a.  All structures shall be sized to adequately accommodate the collection, sorting, bulking and lab packing, packaging for disposal, and temporary storage of household hazardous materials and hazardous waste from very small quantity generators.

    b.  All permanent structures shall meet the requirements of applicable fire codes and building codes.

    c.  Regional collection center structures and satellite facility structures shall each be designed to prevent run-on entering from adjacent areas.

    d.  All receiving areas shall have a storage capacity of at least one day’s processing capacity. All receiving, sorting, bulking, transfer and storage area surfaces shall be constructed of a chemical-resistant, impervious, smooth material so designed to be easily cleaned, nonreactive with the waste, and with proper drainage, in the form of sloped flooring, plastic-lined pits or concrete sumps, according to applicable codes. Areas used for the receiving, bulking, transferring, lab packing and storing of household hazardous materials, household hazardous waste and very small quantity generator hazardous waste shall be provided with secondary containment and protection from exposure to the weather.

    103.4(3) Storage. All full containers of household hazardous waste and hazardous wastes from very small quantity generators must be stored in a building designed in accordance with Group H occupancy requirements and local, state and federal fire codes. It is required that hazardous waste or household hazardous waste accumulated for disposal not be accumulated on site for more than 180 days. Once the capacity limit of a collection site or time limit is reached, all waste collected shall be collected by a licensed hazardous waste contractor.

    103.4(4) Staff qualifications. Prior to handling any household hazardous materials, hazardous waste regional collection center and satellite facility staff shall each have received applicable training conducted by trainers who meet Occupational Safety and Health Administration (OSHA) instructor qualification standards. Training shall include but is not limited to the following:

    a.  OSHA 24-hour health and safety training as described in 29 CFR 1910.120.

    b.  Annual eight-hour refresher training as described in 29 CFR 1910.120.

    c.  Hazardous materials chemistry.

    d.  Personnel and site safety.

    e.  Proper lab packing techniques.

    f.  Proper transporting of hazardous materials.

    g.  When applicable, U.S. Department of Transportation hazardous materials training for the operation of a mobile unit used in the collection and transportation of household hazardous materials and hazardous waste from very small quantity generators.

567—103.5(455F) Operations plans and procedures.

    103.5(1) Regional collection centers and satellite facilities must each prepare and maintain on site a current plan of operations.

    103.5(2) Operations plan. The operations plan shall include, at a minimum, the following information:

    a.  Schedule of operations, including hours of operation for regional collection centers or satellite facilities.

    b.  Site selection procedures for mobile unit collections.

    c.  Standard receiving procedures for household hazardous materials and very small quantity generators.

    d.  Procedures for managing unknown materials.

    e.  Procedures for handling open or leaking containers.

    f.  Procedures for managing large quantities of wastes.

    g.  Recycling and reuse procedures for usable materials.

    h.  Disposal of nonhazardous waste.

    i.  Personal protection equipment.

    j.  Initial training requirements and continuing education of staff.

    k.  An emergency response plan, such as the facility’s response to spills, fires or weather-related events.

567—103.6(455F) Closure notification. Regional collection centers and satellite facilities shall each notify the department in writing at least 60 calendar days prior to ceasing operations.

    103.6(1) The notification shall include, at a minimum, the following information:

    a.  A description of how the regional collection center or satellite facility will notify the public within its service area that the regional collection center or satellite facility is closing and how household hazardous materials and hazardous waste from very small quantity generators should be managed after closure of the facility.

    b.  A description of how all household hazardous materials, household hazardous waste and hazardous waste from very small quantity generators will be removed from the regional collection center or satellite facility and properly managed within 60 calendar days of the regional collection center or satellite facility ceasing operations.

    c.  A description of how final waste disposal costs will be paid.

    103.6(2) After removal of household hazardous waste and very small quantity generator hazardous waste, a final inspection may be conducted by department staff.

567—103.7(455F) Regional collection center reporting requirements. On a form supplied by the department, each regional collection center shall submit to the department a correctly completed regional collection center semiannual report. The report shall include but not be limited to the pounds of materials managed through a reuse program, by hazardous waste contractors, and by nonhazardous waste contractors. All hazardous waste contractor invoices shall be attached. Such invoices shall depict hazardous material types, net weight of hazardous materials, and associated collection and disposal costs charged by the hazardous waste contractor to the regional collection center. Regional collection center semiannual reports shall be submitted by September 15 for the portion of the current calendar year January 1 through June 30, and by March 15 for the portion of the previous calendar year July 1 through December 31.

567—103.8(455E,455F) Funding sources. Funds appropriated by Iowa Code section 455E.11(2)“a”(2)(d) and 455E.11(2)“c” may be used to achieve the purpose of this chapter.

567—103.9(455E,455F) Regional collection center and satellite facility financial assistance.

    103.9(1) An applicant for regional collection center and satellite financial assistance shall submit to the department a completed application on a form provided by the department.

    103.9(2) The department shall coordinate the evaluation of proposals. Applications will be evaluated based on selection criteria contained in the application form. Prior to receiving financial assistance from the department, a regional collection center must obtain a regional collection center license. A satellite facility shall provide documentation of a contractual arrangement with a licensed regional collection center for removal of the waste to be collected.

    103.9(3) The applicant must be in compliance with applicable federal and state statutes and regulations.

567—103.10(455E,455F) Regional collection center collection and disposal support funding.

    103.10(1) All regional collection centers are eligible to receive funding support, when available, from the department to properly manage eligible pounds of very small quantity generator hazardous waste and household hazardous waste. To receive funding, a regional collection center must be in compliance with applicable federal and state statutes and regulations. The source for this funding is described in Iowa Code section 455E.11(2)“a”(2)(d) and (e).

    103.10(2) To be eligible to receive support and disposal-funding assistance, a regional collection center must:

    a.  Have household hazardous waste and very small quantity generator hazardous waste removed by a licensed hazardous waste contractor.

    b.  Correctly complete the hazardous materials collection semiannual report on a form supplied by the department.

    c.  Attach the following documentation:

    (1)  Hazardous waste contractor invoices depicting cost and hazardous waste types.

    (2)  The net weight calculations of household hazardous waste and very small quantity generator hazardous waste obtained by subtracting container weight from final disposal weight, not the manifest weight.

    (3)  Documentation that all household hazardous waste and very small quantity generator hazardous waste was disposed of by a licensed hazardous waste contractor.

    (4)  Documentation of materials shipped using final disposal receipts.

    d.  Submit regional collection center semiannual reports by September 15 for the portion of the current calendar year January 1 through June 30, and by March 15 for the portion of the previous calendar year July 1 through December 31. Reports submitted after the due date without prior approval by the department are not eligible for funding.

    103.10(3) Fall collection and disposal funding will be based on the regional collection center semiannual report due September 15 and on available funding. A regional collection center will receive a percentage of the available funding in an amount proportional to the amount of eligible pounds the regional collection center recycled or disposed of through a hazardous waste contractor, as reported on the regional collection center semiannual report form, compared to the total amount of eligible pounds recycled or disposed of by all regional collection centers as reported on the regional collection center semiannual report form.

Spring collection and disposal funding will be based on the total eligible pounds reported for the calendar year and on available funding. A regional collection center will receive a percentage of the available funding for the calendar year minus the amount received for the fall payment, in an amount proportional to the amount of eligible pounds the regional collection center recycled or disposed of through a hazardous waste contractor, as reported on the regional collection center semiannual report form for the calendar year, compared to the total amount of eligible pounds recycled or disposed of by all regional collection centers as reported on the regional collection center semiannual report form.

These rules are intended to implement Iowa Code chapters 455E and 455F.

    ITEM 2.  Rescind and reserve 567—Chapter 123.

    ITEM 3.  Rescind and reserve 567—Chapter 211.

[Filed 7/24/26, effective 9/23/26]

[Published 8/19/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/19/26.