ARC 0502D

ARC 0502D

PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA COMPREHENSIVE[591]

Adopted and Filed

Rulemaking related to agency realignment

    The Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby rescinds Chapter 1, “General,” Chapter 9, “UST Fund Board Authority to Transfer Liabilities to a Third Party (Loss Portfolio Transfers),” Chapter 11, “Claims,” and Chapter 13, “Community Remediation,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code chapter 455G and section 17A.7(2).

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 455G and section 17A.7(2); 2024 Iowa Acts, Senate File 2414; and Executive Order 10.

Purpose and Summary

    The rules of the Underground Storage Tank (UST) Fund Board (Board) were intended to govern the Board and regulate the disbursement of moneys allocated to the Board by Iowa Code chapter 455G and other applicable laws. On April 19, 2024, Governor Reynolds signed 2024 Iowa Acts, Senate File 2414, into law, which dissolved the Board. The legislation also transferred the remaining moneys to the Department of Natural Resources (Department) to disburse consistent with the laws previously governing the Board and capped the moneys available to that amount currently appropriated to the fund. Additionally, Senate File 2414 transferred the jurisdiction of the rules from the Board to the Department.

    The rules will continue to provide benefits to stakeholders while funds remain available for disbursal. The Department anticipates the final disbursal of regulated funding ending by December 31, 2026. To provide ample time for the expenditure of funds and to support stakeholders, these rules are being rescinded on December 31, 2027. This delayed rescission will provide stakeholders ample time to request reimbursement for actions, such as tank removals and other funding regulated by the rules. After that date, the Department will rely on the authority of Iowa Code chapter 455B and existing, related agreements to finalize any matters remaining.

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 9895C. A public hearing was held on the following date(s):

     ?   January 27, 2026

     ?   January 28, 2026

    The Department received comments supporting the rescission of the rules in a delayed manner to ensure funds could fully and effectively be distributed to interested stakeholders. No other comments were received.

    Changes from the Notice have been made to remove the items rescinding 591—Chapters 2 through 4, 16, and 17 because those chapters were editorially rescinded pursuant to 2026 Iowa Acts, Senate File 2463.

Adoption of Rulemaking

    This rulemaking was adopted by the Board 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 Department 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 December 31, 2027.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind and reserve 591—Chapter 1.

    ITEM 2.  Rescind and reserve 591—Chapter 9.

    ITEM 3.  Rescind and reserve 591—Chapter 11.

    ITEM 4.  Rescind and reserve 591—Chapter 13.

[Filed 7/24/26, effective 12/31/27]

[Published 8/19/26]

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