ARC 9895C

ARC 9895C

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

Notice of Intended Action

Proposing rulemaking related to agency realignment
and providing an opportunity for public comment

    The Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby proposes to rescind Chapter 1, “General,” Chapter 2, “Petitions for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 4, “Board Procedure for Rule Making,” Chapter 9, “UST Fund Board Authority to Transfer Liabilities to a Third Party (Loss Portfolio Transfers),” Chapter 11, “Claims,” Chapter 13, “Community Remediation,” Chapter 16, “Waivers,” and Chapter 17, “Appeals—Contested Cases,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is proposed 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 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, the Department proposes to rescind the rules in their entirety 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.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 3, 2025. A public hearing was held on the following date(s):

     ?   September 24, 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 561—Chapter 10.

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 28, 2026. Comments should be directed to:

    Free Language Access: If you speak a non-English language, the Department offers language assistance services free of charge. Contact the Department at [email protected].

    Servicios gratuitos de asistencia lingüística: Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al [email protected].

Public Hearing

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

    Persons who wish to attend a public hearing should contact Keith Wilken at [email protected]. A link will be provided prior to the hearing. Persons who wish to make oral comments at a public hearing must submit a request to Keith Wilken prior to the hearing to facilitate an orderly hearing.

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

    Free Language Assistance: If you need assistance in a language other than English, contact the Department at [email protected] or [email protected] or by telephone at 515.681.0794 at least seven days before the event.

    Asistencia lingüística gratuita: Si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al [email protected] o [email protected] o por teléfono a 515.681.0794 al menos siete días antes del evento.

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 and reserve 591—Chapter 1.

    ITEM 2.  Rescind and reserve 591—Chapter 2.

    ITEM 3.  Rescind and reserve 591—Chapter 3.

    ITEM 4.  Rescind and reserve 591—Chapter 4.

    ITEM 5.  Rescind and reserve 591—Chapter 9.

    ITEM 6.  Rescind and reserve 591—Chapter 11.

    ITEM 7.  Rescind and reserve 591—Chapter 13.

    ITEM 8.  Rescind and reserve 591—Chapter 16.

    ITEM 9.  Rescind and reserve 591—Chapter 17.