ARC 8667C - Iowa Administrative Rules

Notice of Intended Action

Liquefied natural gas, ch 228

Untitled document

ARC 8667C

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Proposing rulemaking related to liquefied natural gas
and providing an opportunity for public comment

The Department of Inspections, Appeals, and Licensing hereby proposes to rescind Chapter 228, “Liquefied Natural Gas,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 101.1.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 101and Executive Order 10 (January 10, 2023).

Purpose and Summary

This rulemaking proposes the repromulgation of Chapter 228. This rulemaking implements Iowa Code section 101.1 in accordance with the goals and directives of Executive Order 10. Iowa Code section 101.1 requires that the Department adopt reasonable rules for the safe transportation, storage, handling, and use of liquefied natural gases. Iowa Code section 101.2 requires that the rules be in substantial compliance with the standards of the National Fire Protection Association relating to liquefied natural gases. Iowa Code section 10A.511 requires the Director to enforce all laws, rules and regulations concerning the storage, transportation, handling, and use of flammable liquids, combustibles, fireworks and explosives, as well as liquid petroleum gas.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 25, 2024

The Department received no public comments.

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 481—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 15, 2025. Comments should be directed to:

Amy Oetken
Iowa Department of Inspections, Appeals, and Licensing
6200 Park Avenue, Suite 100
Des Moines, Iowa 50321
Email: amy.oetken@dia.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 14, 2025 9:30 to 10 a.m.	Geode Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa
January 15, 2025 1:30 to 2 p.m.	Geode Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa

Virtual participation information will be made available on the Department’s website prior to the public hearings.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

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).

The following rulemaking action is proposed:

ITEM 1.Rescind 661—Chapter 228 and adopt the following new chapter in lieu thereof:

CHAPTER 228

LIQUEFIED NATURAL GAS

661—228.1(101) Transportation, storage, handling, and use of liquefied natural gas. NFPA 59A, “Standard for the Production, Storage and Handling of Liquefied Natural Gas(LNG),” 2023 edition, published by the National Fire Protection Association and available at www.nfpa.org, is adopted by reference as the rules governing the transportation, storage, handling, and use of liquefied natural gas. Persons who transport, store, handle, or use liquefied natural gas shall comply with the applicable requirements established therein.

This rule is intended to implement Iowa Code chapter 101.