ARC 8911C - Iowa Administrative Rules

Adopted and Filed

Liquefied natural gas, ch 228

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ARC 8911C

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed

Rulemaking related to liquefied natural gas

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

Legal Authority for Rulemaking

This rulemaking is adopted 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.

Purpose and Summary

This rulemaking repromulgates 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 25, 2024, as ARC 8667C. A public hearing was held on the following date(s):

●January 14, 2025

●January 15, 2025

Blake O’Brien, Fire Protection Engineer with the city of Des Moines, was present for the first hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on January 29, 2025.

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.

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 March 26, 2025.

The following rulemaking action is adopted:

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.

[Filed 1/29/25, effective 3/26/25]

[Published 2/19/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/19/25.