ARC 7949C

ARC 7949C

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Rulemaking related to scope of title

The Environmental Protection Commission (Commission) hereby rescinds Chapter 20, "Scope of Title—Definitions," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 455B.133(3).

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 17A.7 and Executive Order 10 (January 10, 2023).

Purpose and Summary

The Commission hereby rescinds Chapter 20. This chapter set forth the scope of title and the definitions applicable to air quality rules in Chapters 20 through 35. After a review consistent with Executive Order 10, the Department of Natural Resources (Department) determined that the scope of title is no longer needed because the information is generally covered in Chapters 1 through 19. Further, the Department concluded that the relevant definitions would be more appropriately placed in the subject matter chapters, specifically new Chapters 21, 22, and 23. Adopted and Filed rulemakings to rescind and adopt new Chapters 21, 22, and 23 that include the appropriate definitions are filed concurrently with this rulemaking.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 27, 2023, as ARC 7210C. A public hearing was held on January 29, 2024, at 1 p.m.via video/conference call. Six people attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on April 16, 2024.

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 561—Chapter 10.

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 June 19, 2024.

The following rulemaking action is adopted:

Item 1. Rescind and reserve 567—Chapter 20.

[Filed 4/16/24, effective 6/19/24]

[Published 5/15/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 5/15/24.