Schedule for rule making 1288

Publication procedures 1289

Agency identification numbers 1294

CITATION OF ADMINISTRATIVE RULES 1293

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Air quality, 20.2, 20.3, amendments to
ch 22, 23.1 to 23.4, 24.1(2), 25.1, 25.2, 28.1,
29.1, 31.2 ARC 7762A 1297

Notice, Landfills, 100.2, 100.3, 102.2, 102.3,
102.7, 102.12, 102.14, ch 103, 108.1, 108.3 to
108.6, 110.7, 110.11(1), 110.12 ARC 7761A 1312

Filed, Drinking water revolving fund, ch 44
ARC 7759A 1391

Filed, Agricultural drainage wells, 50.2 to 50.4,
50.6 to 50.8, 51.3, 52.5, 52.21 ARC 7760A 1397

GENERAL SERVICES DEPARTMENT[401]

Notice, Parking, ch 4 ARC 7754A 1322

HUMAN SERVICES DEPARTMENT[441]

Notice, AIDS/HIV settlement payments,
75.27 ARC 7755A 1325

Notice, Medicaid provider documentation of
services, 79.3 ARC 7756A 1326

Notice, PROMISE JOBS, 93.138(3)
ARC 7757A 1327

Notice, Foster family homes, 113.4(1)
ARC 7758A 1328

LABOR SERVICES DIVISION[875]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Filed Emergency After Notice, Boilers and pressure
vessels, rescind 347--chs 41, 42, 49; transfer
and amend 347--chs 43 to 48 to 875--
chs 204 to 209; adopt 875--chs 200 to 203
ARC 7777A 1382

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Advanced registered nurse practitioners,
7.1, 7.2 ARC 7763A 1401

PUBLIC FUNDS--AVAILABILITY

Public Health Department[641]
Gambling treatment 1296

PUBLIC HEALTH DEPARTMENT[641]

Notice of Public Funds Availability 1296

Notice, Radiation, amendments to chs 38 to 42,
45 ARC 7775A 1329

Notice, Mammography, 41.6, 41.7
ARC 7774A 1362

Notice, Local boards of health, 77.1 to 77.6
ARC 7770A 1372

Notice, EMS services--defibrillation, 132.1,
132.16 ARC 7771A 1374

Notice, Law enforcement emergency care
provider--defibrillation, 139.1, 139.2, 139.6
ARC 7772A 1375

PUBLIC HEARINGS

Summarized list 1290

REAL ESTATE APPRAISER EXAMINING
BOARD[193F]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Continuing education, 3.3(1), 4.3, ch 6
ARC 7764A 1402

REGENTS BOARD[681]

Filed, Iowa resident tuition and fees to
American Indian students, 1.4(2)
ARC 7765A 1406

Filed, Personnel, 3.39 ARC 7766A 1406

Filed, Purchasing--vendors, 8.9(1)"a"
ARC 7767A 1407

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Net income; partnerships; S corporations,
40.3, 40.12, 40.13, 45.1, 52.1(5)
ARC 7768A 1376

Notice, Net income and taxable income, 40.16,
40.47, 41.3, 41.11(1) ARC 7769A 1377

SUPREME COURT

Decisions summarized 1410

TRANSPORTATION DEPARTMENT[761]

Filed, Financial liability coverage cards,
425.10(8), ch 641 ARC 7753A 1407

Filed, Substance abuse evaluation and treatment;
course for drinking drivers, 620.5, 620.15,
620.16 ARC 7776A 1408

USURY

Notice 1381

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Assistant Editor (515)281-7252

First quarter July 1, 1997, to June 30, 1998 $237.00 plus $11.85 sales tax

Second quarter October 1, 1997, to June 30, 1998 $178.00 plus $8.90 sales tax

Third quarter January 1, 1998, to June 30, 1998 $118.00 plus $5.90 sales tax

Fourth quarter April 1, 1998, to June 30, 1998 $ 60.00 plus $3.00 sales tax

Single copies may be purchased for $17.50 plus $0.88 tax. Back issues may be purchased if the issues are available.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,086.00 plus $54.30 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.55 plus $0.53 tax.)

Iowa Administrative Code Supplement - $382.00 plus $19.10 sales tax

(Subscription expires June 30, 1998)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
17	Friday, January 23, 1998	February 11, 1998
18	Friday, February 6, 1998	February 25, 1998
19	Friday, February 20, 1998	March 11, 1998

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Ami Pro, Microsoft Word, Professional Write, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5" High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 4th Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

EDUCATIONAL EXAMINERS BOARD[282]
Mentor endorsement; beginning teacher support program, 14.20(17), ch 21 IAB 12/31/97 ARC 7730A	Conference Room 3 North Third Floor Grimes State Office Bldg. Des Moines, Iowa	January 28, 1998 10 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Air quality, 20.2, 20.3, amendments to ch 22, 23.1 to 23.4, 24.1(2), 25.1, 25.2, 28.1, 29.1, 31.2 IAB 1/14/98 ARC 7762A	East Conference Room Air Quality Bureau 7900 Hickman Rd., Suite 1 Urbandale, Iowa	February 13, 1998 1 p.m.
Landfills, 100.2, 100.3, 102.2, 102.3. 102.7, 102.12, 102.14, ch 103, 108.1, 108.3 to 108.6, 110.7, 110.11(1), 110.12 IAB 1/14/98 ARC 7761A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	February 4, 1998 1 p.m.
GENERAL SERVICES DEPARTMENT[401]
Parking, ch 4 IAB 1/14/98 ARC 7754A	Director's Conference Room Level A Hoover State Office Bldg. Des Moines, Iowa	February 6, 1998 8 a.m.
HUMAN SERVICES DEPARTMENT[441]
PROMISE JOBS program, 93.138(3)"a"(3) IAB 1/14/98 ARC 7757A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	February 6, 1998 10 a.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	February 4, 1998 9 a.m.
	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	February 5, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	February 5, 1998 1 p.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	February 5, 1998 10 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	February 4, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	February 5, 1998 1 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	February 4, 1998 10 a.m.
NATURAL RESOURCE COMMISSION[571]
Snowmobiles and ATVs, 28.13, 28.14(2) IAB 12/31/97 ARC 7746A	Conference Room--5th Floor East Wallace State Office Bldg. Des Moines, Iowa	January 20, 1998 1 p.m.
State parks and recreation areas, 61.2, 61.3, 61.4(1), 61.5, 61.26 IAB 12/31/97 ARC 7747A	Conference Room--5th Floor East Wallace State Office Bldg. Des Moines, Iowa	January 20, 1998 1 p.m.
Mussel regulations, 87.1 IAB 12/31/97 ARC 7745A	Blakes Hall University of Dubuque 2000 University Ave. Dubuque, Iowa	January 28, 1998 7 p.m.
	Public Library 304 Iowa Ave. Muscatine, Iowa	January 29, 1998 7 p.m.
Nonresident deer hunting, 94.8 IAB 12/31/97 ARC 7744A	Conference Room--4th Floor East Wallace State Office Bldg. Des Moines, Iowa	January 23, 1998 1 p.m.
PUBLIC HEALTH DEPARTMENT[641]
Radiation, amendments to chs 38 to 42, 45 IAB 1/14/98 ARC 7775A	Conference Room--3rd Floor Side 2 Lucas State Office Bldg. Des Moines, Iowa	February 3, 1998 9 a.m.
Mammography, 41.1(12), 41.6, 41.7 IAB 1/14/98 ARC 7774A	Conference Room--3rd Floor Side 2 Lucas State Office Bldg. Des Moines, Iowa	February 9, 1998 9 a.m.
Local boards of health, 77.1 to 77.6 IAB 1/14/98 ARC 7770A (ICN Network)	ICN Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa	February 3, 1998 10 to 11 a.m.
	National Guard Armory 210 Poplar St. Atlantic, Iowa	February 3, 1998 10 to 11 a.m.
PUBLIC HEALTH DEPARTMENT[641] (ICN Network) (Cont'd)	National Guard Armory 1601 Park St. Storm Lake, Iowa	February 3, 1998 10 to 11 a.m.
	North Iowa Area Community College Activity Center, Room AC106 500 College Dr. Mason City, Iowa	February 3, 1998 10 to 11 a.m.
	Washington Armory ICN Classroom 501 Hwy. 1 South Washington, Iowa	February 3, 1998 10 to 11 a.m.
	Hawkeye Community College 110 Tama Hall 1501 E. Orange Rd. Waterloo, Iowa	February 3, 1998 10 to 11 a.m.
Automatic external defibrillator training--non-EMS agencies, 132.1, 132.16 IAB 1/14/98 ARC 7771A (ICN Network)	National Guard Armory 12 N. 35th St. Denison, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 11 E. 23rd St. Spencer, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 1160 10th St. S.W. Mason City, Iowa	February 3, 1998 2 to 3 p.m.
	Iowa Public TV Room IPTV1 6450 Corporate Dr. Johnston, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 501 Hwy. 1 South Washington, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 195 Radford Rd. Dubuque, Iowa	February 3, 1998 2 to 3 p.m.
Automatic external defibrillator training--law enforcement agencies, 139.1, 139.2, 139.6 IAB 1/14/98 ARC 7772A (ICN Network)	National Guard Armory 12 N. 35th St. Denison, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 11 E. 23rd St. Spencer, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 1160 10th St. S.W. Mason City, Iowa	February 3, 1998 2 to 3 p.m.
	Iowa Public TV Room IPTV1 6450 Corporate Dr. Johnston, Iowa	February 3, 1998 2 to 3 p.m.
PUBLIC HEALTH DEPARTMENT[641] (ICN Network) (Cont'd)	National Guard Armory 501 Hwy.1 South Washington, Iowa	February 3, 1998 2 to 3 p.m.
	National Guard Armory 195 Radford Rd. Dubuque, Iowa	February 3, 1998 2 to 3 p.m.
Organized delivery systems, 201.6(8) IAB 12/31/97 ARC 7739A	Conference Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa	January 20, 1998 9 a.m.
PUBLIC SAFETY DEPARTMENT[661]
Weapons, 4.1, 4.2, 4.4 to 4.6 IAB 12/17/97 ARC 7716A	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	January 22, 1998 9:30 a.m.
SECRETARY OF STATE[721]
Civil penalties for waste tire haulers, ch 45 IAB 12/31/97 ARC 7741A	Office of Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	January 20, 1998 1:30 p.m.
TRANSPORTATION DEPARTMENT[761]
Motorcycle rider education (MRE), ch 635 IAB 12/31/97 ARC 7736A	Conference Room--Lower Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa	January 22, 1998 10 a.m. (If requested)

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPLOYMENT SERVICES DEPARTMENT[341]

Job Service Division[345]

Labor Services Division[347]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

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

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WALLACE TECHNOLOGY TRANSFER FOUNDATION[851]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Industrial Services Division[873]

Labor Services Division[875]

Workforce Development Board and
Workforce Development Center Administration Division[877]

ARC 7762A

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 20, "Scope of Title--Definitions--Forms--Rules of Practice," Chapter 22, "Controlling Pollution," Chapter 23, "Emission Standards for Contaminants," Chapter 24, "Excess Emission," Chapter 25, "Measurement of Emissions," Chapter 28, "Ambient Air Quality Standards," Chapter 29, "Qualification in Visual Determination of the Opacity of Emissions," and Chapter 31, "Nonattainment Areas," Iowa Administrative Code.

Item 1 corrects CFR adoption reference dates to accurately identify the dates of the most recent revisions to the regulations. For "EPA reference method," the revisions modify and add emission source test methods to improve and provide for the measurement of various pollutant emissions. These tests are used to determine whether a source is in compliance with the limits placed on the emission units. The continuous emission monitoring provisions of the Acid Rain Program are also revised to help streamline implementation of this program. The revisions also add locally recyclable goods and plastics to the list of items excluded in the "Residential waste" definition and amend the CFR citation date to reflect the last revision to the definition of "Volatile organic compounds." This update adds the exclusion of the following nonphotochemically reactive compounds: HFC 43-10mee, HCFC 225ca, HCFC 225cb, HFC 32, HFC 161, HFC 236fa, HFC 245ca, HFC 245ea, HFC 245eb, HFC 245fa, HFC 236ea, HFC 365mfc, HCFC 31, HCFC 123a, HCFC 151a, C₄F₉OCH₃, (CF₃)₂CFCF₂OCH₃, C₄F₉OC₂H₅, (CF₃)₂CFCF₂OC₂H₅.

Item 2 corrects an internal rule citation.

Item 3 removes an obsolete rule referencing a rescinded fee program.

Item 4 provides clarification by eliminating redundant definitions established elsewhere in the title.

Item 5 corrects the date to associate it with the last revision made to the CFR cited. No substantive changes are made by this correction.

Item 6 corrects the date with the last revision made to the CFR regulation cited. No substantive changes are made by this correction.

Item 7 adds the date of the last revision to the cited CFR to provide clarification. No substantive changes are made by this addition.

Item 8 adds the Air Quality Bureau's address and specifies the need to receive two copies of construction permit applications.

Item 9 provides the date of the last revision to the cited CFR for clarification. No substantive changes are made by this addition.

Item 10 corrects dates associated with the CFR citations, which reflect recent revisions to the regulation. Revisions add language to keep Total Suspended Particulate (TSP) increments for Prevention of Significant Deterioration (PSD) in effect to apply toward the amount available for Particulate Matter less than 10 microns (PM₁₀). Nonmethane organic compounds are also added as a pollutant to PSD.

Item 11 corrects dates associated with the CFR citation to demonstrate the most recent revisions to the regulation. The revisions refine modeling techniques and improve the technical basis for impact assessment of air pollution sources.

Item 12 incorporates the date of the last revision to the cited CFR regulation to provide clarification. No substantive changes are made by this addition.

Item 13 deletes the redundant citation of a CFR adoption by reference date from paragraphs "a" to "d" and places the updated adoption by reference date in the introductory paragraph of the subrule for clarification. No substantive changes are made by this correction.

Item 14 corrects dates associated with the CFR citations, which reflect recent revisions to the regulations. The revisions made to the CFR citations are implemented by rule 22.101(455B), Applicability of Title V operating permit requirements, and rule 22.1(455B), Permits required for new or existing stationary sources, and adopted by reference in rule 23.1(455B), Emission standards.

Item 15 corrects dates associated with the CFR citations to adopt recent revisions to the regulations. The revisions promulgate and revise many New Source Performance Standards (NSPS) and Emission Guidelines (EG) to include the NSPS and EG for municipal solid waste landfills. The standards and guidelines have been adopted by reference in rule 23.1(455B), Emission standards. The revisions also provide delegation of authority to Iowa.

Items 16 through 19 add the dates of the latest revisions to the cited CFR citations to provide clarification. No substantive changes are made by the additions.

Item 20 clarifies the meaning of the paragraph by making minor revisions.

Item 21 amends the date associated with the CFR citation to list the recent revisions to the regulation. The revisions approve and federally promulgate Air Quality Implementation Plans for Iowa, which include provisions related to open burning, new source review requirements in nonattainment areas, test method and definition updates, and others.

Item 22 revises the dates to identify the last revisions made to the CFR citations. For "EPA reference method," the revisions are the same as those stated in Item 1. Item 22 also amends the dates associated with the CFR citations for "Existing hazardous air pollutant source" to include recent revisions to the regulations. These revisions provide delegation of authority to Iowa, revise procedures for handling and analyzing samples collected by the sampling train for emission source tests, and rescind 40 CFR Part 61, Subpart I as it applies to Nuclear Regulatory Commission (NRC). No other substantive changes are made by these corrections.

Item 23 excludes total suspended particulate (TSP) as a regulated air pollutant used for determining whether a source is required to obtain a Title V permit.

Item 24 revises the date associated with the CFR citation, so recent revisions to the CFR are included. No substantive changes are made by this correction.

Item 25 provides the dates of the last revision to the CFR citations for clarification. No substantive changes are made by this addition.

Item 26 corrects dates associated with the CFR citations to include recent revisions to the regulations. No substantive changes are made by this correction.

Item 27 adds the date to identify the last revision to the cited CFR regulation for clarification. No substantive changes are made by this addition.

Item 28 changes the Air Quality Bureau's address and removes application deadlines that have passed and are no longer applicable.

Item 29 provides language to specify the requirement for the submittal of four copies of the application to the Department.

Items 30 through 32 add the dates to identify the latest revisions to the cited CFR citations for clarification. No substantive changes are made by the additions.

Item 33 corrects the date associated with the CFR citation to include recent revisions to the regulation. No substantive changes are made by this correction.

Item 34 provides clarification by adding the date of the last revision to the cited CFR regulation. No substantive changes are made by this addition.

Item 35 incorporates definitions to the Acid Rain Program for the nitrogen oxides reduction component of this program. This component is designed to reduce emissions of nitrogen oxides discharged into the atmosphere from the burning of fossil fuels. The program primarily affects the electric utility industry.

Item 36 modifies dates associated with the CFR citations, so recent revisions to the regulations are included. These revisions provide the utilities the ability to use substitution and reduce utilization plans to create excess, new allowances for sulfur dioxide (SO₂) emissions. They also establish the Opt-in Program. This allows sources not required to participate in the program the option to do so on a voluntary basis. The Opt-in Program helps generate additional allowances reducing overall compliance costs for utilities.

Item 37 amends the dates of the CFR citations to identify recent revisions to the citations. For "Acid rain program" the revisions create the Opt-in Program as discussed in Item 36. In addition, they revise continuous emission monitoring provisions to make implementation of the program easier for regulatory agencies and regulated industry, and terminate the direct sales of sulfur dioxide allowances. These revisions also provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the units' becoming subject to the applicable Acid Rain Program emission limitations. The nitrogen oxide reduction program, as described in Item 35, is added as a citation. The revisions also streamline and improve permitting, excess emissions, and appeal procedures to reduce the burden on utilities, while still ensuring achievement of the statutory requirements of reducing sulfur dioxide and nitrogen emissions. For "Offset plans" and "State Title V operating permit," the revisions create the Opt-in Program, as mentioned above. However, for "State Title V operating permit," the revisions also amend the continuous emission monitoring procedures, and revise regulations to implement compliance assurance monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V of the Act. They also streamline and improve the regulation as mentioned above. Many of the other revisions made to the CFR citation are adopted in rules 22.120(455B) to 22.146(455B), which implement the Acid Rain Program, or result in no substantive changes.

Item 38 amends the date for the CFR citation to reflect recent revisions to the regulation. No substantive changes were made to Table 1. Applicability for nitrogen oxides emission reduction program was also added by including coal-fire substitution units (or compensating unit) that were designated in substitution plans, that were not approved or active by January 1, 1995.

Items 39 and 40 correct the dates to reference the last revisions made to the CFR citations. No substantive changes are made by these corrections.

Item 41 amends dates for the CFR citations to include recent revisions to the regulations. No substantive changes are made by these corrections.

Item 42 revises the date to include the last revision made to the CFR citation. No substantive changes are made by these corrections.

Item 43 revises the date to include recent revisions made to the CFR citation. The revisions made to the citation are adopted in rules 22.120(455B) to 22.146(455B). No substantive changes are made by the corrections to the exceptions described in the paragraph.

Item 44 amends the dates for CFR citations to reference recent revisions to the regulations. The revisions add, streamline, and improve the final acid rain regulations for the allowance system, permitting, emissions monitoring, excess emissions, and administrative appeals. They also provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the units' becoming subject to the applicable Acid Rain Program emission limitations. In addition, they develop and amend the Opt-in Program and amend the continuous emission monitoring procedures, as mentioned previously.

Item 45 revises the date to include the last revision made to the CFR citation. No substantive changes are made by these corrections.

Item 46 adds specific CFR citations to outline requirements for the nitrogen oxides emission reduction component of the Acid Rain Program.

Item 47 amends the dates to include recent revisions made to the CFR citations. The revisions create the Opt-in Program which allows sources not required to participate in the Acid Rain Program the opportunity to participate on a voluntary basis.

Item 48 corrects the date to reflect the last revision to the CFR regulation cited. No substantive changes are made by this correction.

Item 49 amends the dates of the CFR references to demonstrate the recent revisions to the regulations. The revisions are the same as those stated in Item 37 for the "Acid Rain Program."

Items 50 and 51 revise the dates to reference the last revisions made to the CFR regulations cited. No substantive changes are made by these corrections.

Item 52 establishes a deadline for a Phase II unit with a Group 1 or Group 2 boiler to submit the unit's permit application and compliance plan for nitrogen oxides.

Item 53 adds the Air Quality Bureau's address.

Item 54 revises the dates to include recent revisions to the CFR citations. No substantive changes are made by these corrections.

Item 55 removes repowering extensions from the regulations. All deadlines to apply have passed. No utilities within the state applied for the allowed extension.

Item 56 revises the dates to include recent revisions to the CFR citations. The revisions are the same as those stated in Item 37 for the "Acid rain program."

Item 57 amends the dates to reference the last revisions made to the CFR citation. No substantive changes are made by these corrections.

Item 58 revises the dates to include recent revisions to the CFR citations. The revisions are the same as those stated in Item 37 for the "Acid rain program."

Items 59 through 61 correct the dates to identify the last revisions made to the CFR citations. No substantive changes are made by these corrections.

Item 62 amends the dates to include recent revisions to the CFR citations. The revisions create the Opt-in Program which allows sources not required to participate in the Acid Rain Program the opportunity to participate on a voluntary basis. They also add the final acid rain regulations for the allowance system, permitting, emissions monitoring, excess emissions, and administrative appeals. In addition, they provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the unit's becoming subject to the applicable Acid Rain Program emission limitations.

Item 63 corrects the date to identify the last revision made to the CFR regulation cited. No substantive changes are made by these corrections.

Item 64 removes the compliance certification for units with repowering extensions plans from the regulations. All deadlines to apply have passed. No utilities within the state applied for this extension.

Item 65 modifies the Air Quality Bureau's address.

Item 66 removes an expired deadline for receipt of voluntary operating permit applications.

Item 67 clarifies the paragraph by making minor revisions.

Item 68 modifies the Air Quality Bureau's address and removes an expired deadline for receipt of operating permit by rule registration.

Item 69 corrects dates for the CFR citations to include recent revisions to the regulations. The revisions promulgate and revise many New Source Performance Standards (NSPS) and Emission Guidelines (EG) to include the NSPS and EG for municipal solid waste landfills. Most of these standards have been adopted by reference in previous rule makings. The revisions also provide delegation of authority to Iowa.

Item 70 removes dates from the paragraph. The dates are already specified in the rule.

Item 71 corrects the CFR citation.

Item 72 amends the date to include recent revisions to the CFR citation. Revisions provide delegation of authority to Iowa and remove rules pertaining to air pollution, which are no longer legally in effect. The changes also revise procedures for handling and analyzing samples collected by the sampling train for stack testing.

Item 73 revises the date to reflect recent revisions to the CFR citation. The revisions adopt and revise manyNESHAPS and NESHAPS for source categories. All of these promulgated NESHAPS and NESHAPS for source categories have been adopted by reference in previous rule makings.

Item 74 adds an introductory paragraph to the subrule to identify general requirements that will be applicable to all current and future emission guidelines. This will eliminate redundancies when future emission guidelines are adopted.

Item 75 revises the date to reflect the last revision to the CFR citation. No substantive changes are made by this correction. This item also corrects the CFR citation.

Item 76 prohibits burning rubber tires in recreational fires.

Item 77 amends the date to identify the last revision made to the CFR citation. No substantive changes are made by this correction. This item also prohibits burning rubber tires during training fires.

Item 78 improves the clarity of the subparagraph.

Item 79 corrects the date to include the most recent revisions to the CFR citation. No substantive changes are made by this correction to reference methods measuring elemental fluorine and fluoride compounds.

Items 80 and 81 provide clarification. No substantive changes are made by these revisions.

Item 82 revises the date to include recent revisions to the CFR citation. The revisions amend, revise and adopt a variety of methods to determine compliance for various sources. They also add performance specifications for volatile organic compound and chromatographic continuous emission systems in stationary sources.

Items 83 and 84 add the dates to reflect the last revisions to the CFR citations. No substantive changes are made by these revisions.

Item 85 amends the date to include recent revisions to the CFR citation. The revisions amend continuous emission monitoring (CEM) regulations to provide additional flexibility to implement immediately new provisions that address these unforeseen situations, and reduce the possibility of underestimating emissions. Continuous emission monitoring provisions make implementation of the program easier and more efficient to implement for both regulatory agencies and industry.

Item 86 amends the date to incorporate recent revisions to the CFR citation. The revisions modify the existing National Ambient Air Quality Standards (NAAQS) for ozone and establish new annual and 24-hour PM_2.5 NAAQS to better protect public health, especially those at higher risk, such as children, the elderly, and individuals with preexisting heart or lung diseases. The revisions also relax the current PM₁₀ NAAQS. The federal Clean Air Act requires that each NAAQS be reviewed and possibly revised to reflect the most recent health information available.

Items 87 and 88 revise the dates to include recent revisions to the CFR citations. No substantive changes are made by these revisions.

Any person may make written suggestions or comments on the proposed amendments on or before February 13, 1998. Written comments should be directed to Scott Vander Hart, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, fax (515)242-5094, or by electronic mail to svander@max.state.ia.us.

A public hearing will be held on February 13, 1998, at 1 p.m. in the East Conference Room, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa, at which time comments may be submitted orally or in writing.

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

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are proposed.

ITEM 1. Amend rule 567--20.2(455B), definitions of "Country grain elevator," "EPA reference method," "Residential waste," and "Volatile organic compound," as follows:

"Country grain elevator" means any grain elevator that receives more than 50 percent of its grain, as defined by 40 CFR 60.301(a) as amended through March 12, 1996 August 3, 1978, produced by farms in the vicinity. This definition does not include grain terminal elevators or grain storage elevators, as defined in paragraph 23.1(2)"ooo."

"EPA reference method" means any method of sampling and analyzing for an air pollutant as described in 40 CFR 51, Appendix M, as amended through July 20, 1993 June 16, 1997; 40 CFR 52, Appendices D and E, as amended through July 20, 1993 February 6, 1975; 40 CFR 60, Appendix A, as amended through May 17, 1993 March 12, 1996; 40 CFR 61, Appendix B, as amended through June 25, 1993 April 6, 1973; 40 CFR 63, Appendix A, as amended through October 27, 1993 December 7, 1995; and 40 CFR 75, Appendices A, B, and H, as amended through July 20, 1993 May 22, 1996, May 17, 1995, and July 30, 1993.

"Residential waste" means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, and trade wastes, and any locally recyclable goods or plastics.

"Volatile organic compound" means any compound included in the definition of volatile organic compound found at 40 CFR Section 51.100(s) as amended through September 21, 1995 September 24, 1997.

ITEM 2. Amend subrule 20.3(4) as follows:

20.3(4) Air contaminant emissions survey forms. The submission of emissions information pursuant to 567--subrule 22.2(3) 21.1(3) shall be made in accordance with instructions for completion of survey forms provided by the department.

ITEM 3. Rescind subrule 20.3(6).

ITEM 4. Amend subrule 22.1(1) as follows:

22.1(1) Permit required. Unless exempted in subrule 22.1(2), no person shall construct, install, reconstruct or alter any equipment, control equipment or anaerobic lagoon without first obtaining a construction permit, or conditional permit, or permit pursuant to 22.8(455B), or permits required pursuant to 22.4(455B) and 22.5(455B) as required in this subrule. A permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source or anaerobic lagoon. Existing sources built prior to September 23, 1970, are not subject to this subrule, unless they have been modified, reconstructed, or altered on or after September 23, 1970.

a. New stationary sources and modifications of existing stationary sources. No person shall construct or install any equipment or control equipment at a new stationary source or at a modification of an existing stationary source unless a construction permit or conditional permit has been obtained from the department. A permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary course.

b. Existing stationary sources. No person shall construct, install, reconstruct or alter any equipment or control equipment at an existing stationary source unless a construction permit or conditional permit has been obtained from the department for the equipment or control equipment.

c. Anaerobic lagoons. No person shall construct, reconstruct or alter an anaerobic lagoon unless a construction permit has been obtained from the department.

ITEM 5. Amend subrule 22.1(2), paragraph "b," as follows:

b. Fuel-burning equipment for indirect heating or cooling with a capacity of less than one million Btu per hour input per combustion unit when burning coal, untreated wood or fuel oil. Used oils meeting the specification from 40 CFR 279.11 as amended through March 4, 1994 May 3, 1993, are acceptable fuels for this exemption.

ITEM 6. Amend subrule 22.1(2), paragraph "k," as follows:

k. Asbestos demolition and renovation projects subject to 40 CFR 61.145 as amended through July 15, 1994 January 16, 1991.

ITEM 7. Amend subrule 22.1(2), paragraph "s," subparagraph (7), as follows:

(7) A statement that the accumulated emissions increases associated with each change under paragraph 22.1(2)"i," when totaled with other net emissions increases at the facility contemporaneous with the proposed change (occurring within five years before construction on the particular change commences) have not exceeded significant levels as defined in 40 CFR 52.21(b)(23) as amended through March 12, 1996, and adopted in rule 22.4(455B), and will not prevent the attainment or maintenance of the ambient air quality standards specified in 567--Chapter 28. This statement shall be accompanied by documentation for the basis of these statements.

ITEM 8. Amend subrule 22.1(3), introductory paragraph, as follows:

22.1(3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit unless a conditional permit is required by Iowa Code chapter 455B or subrule 22.1(4) or requested by the applicant in lieu of a construction permit. The owner or operator of any anaerobic lagoon shall apply for a construction permit. Two copies of the construction permit application shall be presented or mailed to Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322.

ITEM 9. Amend subrule 22.1(4), paragraph "b," subparagraph (1), as follows:

(1) The results of an air quality impact analysis which characterizes preconstruction air quality and the air quality impacts of facility construction and operation. A quality assurance plan for the preconstruction air monitoring where required in accordance with 40 Code of Federal Regulations Part 58 as amended through July 18, 1997, shall also be submitted.

ITEM 10. Amend rule 567--22.4(455B), introductory paragraph, as follows:

567--22.4(455B) Special requirements for major stationary sources located in areas designated attainment or unclassified (PSD). Except as provided in subrule 22.4(1), the following federal regulations pertaining to the prevention of significant deterioration are adopted by reference, 40 CFR Subsection 52.21 as amended through July 21, 1993 March 12, 1996.

ITEM 11. Amend subrule 22.4(1) as follows:

22.4(1) Federal rules 40 CFR 52.21(a) (Plan Approval), 52.21(q) (Public Participation), 52.21(s) (Environmental Impact Statement), and 52.21(u) (Delegation of Authority) are not adopted by reference. Also, for the purposes of 40 CFR 52.21(1), the department adopts by reference Appendix W to 40 CFR 51, Guideline on Air Quality Models (Revised), as adopted July 20, 1993 August 9, 1995.

ITEM 12. Amend subrule 22.4(3) as follows:

22.4(3) The procedural requirements of 40 CFR 51.166(q), as amended through June 19, 1978, (except the phrase "The plan shall provide that--") are hereby adopted by reference. For the purposes of this subrule the phrase "specified time period" shall mean 30 days. The term "administrator" as it appears in subparagraph 51.166(q)"iv" shall mean the administrator of EPA.

ITEM 13. Amend subrule 22.5(2) as follows:

22.5(2) Applicability. Areas designated as attainment, nonattainment, or unclassified are as listed in 40 CFR SS81.316 as amended through March 10, 1994.

a. The requirements contained in rule 22.5(455B) shall apply to any new major stationary source or major modification that, as of the date the permit is issued, is major for any pollutant for which the area in which the source would construct is designated as nonattainment (in 40 CFR SS 81.316 as amended through May 31, 1995).

b. The requirements contained in rule 22.5(455B) shall apply to each nonattainment pollutant that the source will emit or has the potential to emit in major amounts. In the case of a modification, the requirements shall apply to the significant net emissions increase of each nonattainment pollutant for which the source is major.

c. Particulate matter. If a major source or major modification is proposed to be constructed in an area designated nonattainment for particulate matter in 40 CFR SS81.316 (as amended through May 31, 1995), then emission offsets must be achieved prior to startup.

If a major source or major modification is proposed to be constructed in an area designated attainment or unclassified for particulate matter in 40 CFR SS81.316 (as amended through May 31, 1995), but the modeled (EPA-approved guideline model) worst case ground level particulate concentrations due to the major source or major modification in a designated particulate matter nonattainment area is equal to or greater than five micrograms per cubic meter (24-hour concentration), or one microgram per cubic meter (annual arithmetic mean), then emission offsets must be achieved prior to startup.

d. Sulfur dioxide. If a major source or major modification is proposed to be constructed in an area designated nonattainment for sulfur dioxide in 40 CFR SS81.316 (as amended through May 31, 1995), then emission offsets must be achieved prior to startup.

If a major source or major modification is proposed to be constructed in an area designated attainment or unclassified for sulfur dioxide in 40 CFR SS81.316 (as amended through May 31, 1995), but the modeled (EPA-approved guideline model) worst case ground level sulfur dioxide concentrations due to the major source or major modification in a designated sulfur dioxide nonattainment area is equal to or greater than 25 micrograms per cubic meter (three-hour concentration), five microgram per cubic meter (24-hour concentration), or one microgram per cubic meter (annual arithmetic mean), then emission offsets must be achieved prior to startup.

e. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this rule shall apply to the source or modification as though construction had not yet commenced on the source or modification.

ITEM 14. Amend subrule 22.5(4), paragraph "g," as follows:

g. Reduction credits. Credit for an emissions reduction can be claimed to the extent that the administrator and the department have not: (1) relied on it in issuing any permit under regulations approved pursuant to 40 CFR Parts 51(amended through September 24, 1997), 55 (amended through August 4, 1997), 63 (amended through August 11, 1997), 70 (amended through November 26, 1997), or 71 (amended through October 22, 1997) as amended through May 11, 1995; (2) relied on it in demonstrating attainment or reasonable further progress; or (3) the reduction is not otherwise required under the Clean Air Act. Incidental emissions reductions which are not otherwise required under the Act shall be creditable as emissions reductions for such purposes if such emissions reductions meet the requirements of subrule 22.5(3).

ITEM 15. Amend subrule 22.5(6), paragraph "c," as follows:

c. State implementation plan, new source performance standards, and emission standards for hazardous air pollutants. A major stationary source or major modification shall meet each applicable emissions limitation under the state implementation plan and each applicable emissions standard of performance under 40 CFR Parts 60 (amended through June 12, 1997), and 61(amended through October 14, 1997), and 63(amended through August 11, 1997) as amended through May 30, 1995.

ITEM 16. Amend subrule 22.5(10) as follows:

22.5(10) Public availability of information. No permit shall be issued until notice and opportunity for public comment are made available in accordance with the procedure described in 40 CFR 51.161 (as amended through May 8, 1995 November 7, 1986).

ITEM 17. Amend rule 567--22.6(455B) as follows:

567--22.6(455B) Nonattainment area designations. Section 107(d) of the federal Clean Air Act, 42 U.S.C. SS7457(d), requires each state to submit to the administrator of the federal Environmental Protection Agency a list of areas, that exceed the ambient air quality standards, that are lower than those standards, or that cannot be classified on the basis of current data. A list of Iowa's nonattainment area designations is found at 40 CFR Part 81.316 as amended through March 10, 1994. The commission uses the document entitled "Criteria for Revising Nonattainment Area Designations"^* (June 14, 1979) to determine when and to what extent the list will be revised and resubmitted.

^*Filed with Administrative Rules Coordinator, also available from the department.

ITEM 18. Amend subrule 22.7(1), introductory paragraph, as follows:

22.7(1) Applicability. The owner or operator of any source located in an area with attainment or unclassified status (as published at 40 CFR SS81.316 amended through March 10, 1994), or located in an area with an approved State Implementation Plan (SIP) demonstrating attainment by the statutory deadline may apply for an alternative set of emission limits if:

ITEM 19. Amend subrule 22.7(2), paragraph "d," as follows:

d. Hazardous air pollutants designated in 40 CFR Part 61, as amended through October 14, 1997, will not be exchanged for nonhazardous air pollutants;

ITEM 20. Amend subrule 22.8(1), paragraph "c," as follows:

c. Facilities which facilitywide spray more than one gallon per day but never more than three gallons per day are exempt from all requirements, except that they must submit the certification in 22.8(1) "e" to the department, keep records of daily sprayed material use, and vent emissions from spray booth booth(s) through a stack stack(s) which is at least 22 feet tall, measured from ground level. The facility must keep the records of daily sprayed material use for 18 months from the date to which the records apply.

ITEM 21. Amend 567--22.100(455B), definition of "Applicable requirement," numbered paragraph "1," as follows:

1. Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rule making under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR 52 as amended through August 4, 1994 November 26, 1997;

ITEM 22. Further amend 567--22.100(455B), definitions of "Country grain elevator," "Designated representative," "EPA reference method," "Existing hazardous air pollution source," and "High risk pollutant," introductory paragraph, as follows:

"Country grain elevator" means any grain elevator that receives more than 50 percent of its grain, as defined by 40 CFR 60.301(a) as amended through March 12, 1996 August 3, 1978, produced by farms in the vicinity. This definition does not include grain terminal elevators or pertain to grain storage elevators, as defined in paragraph 23.1(2)"ooo."

"Designated representative" means a responsible natural person authorized by the owner(s) or operator(s) of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72 as amended to November 22, 1994 October 24, 1997, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term "responsible official" is used in rules 22.100(455B) to 22.208(455B), it shall be deemed to refer to the designated representative with regard to all matters under the Acid Rain Program.

"EPA reference method" means any method of sampling and analyzing for an air pollutant as described in 40 CFR 51, Appendix M (as amended through May 30, 1995), as amended through January 5, 1995; 40 CFR 52, Appendices D (as amended through February 6, 1975) and E (as amended through February 6, 1975), as amended through August 4, 1994; 40 CFR 60, Appendices A (as amended through March 12, 1996), B (as amended through December 15, 1994), C (as amended through December 16, 1975), and F (as amended through February 11, 1991), as amended through December 15, 1994; 40 CFR 61, Appendix B (as amended through June 3, 1992), as amended through July 5, 1994; 40 CFR 63, Appendix A (as amended through December 7, 1995), as amended through March 8, 1995; and 40 CFR 75, Appendices A (as amended through May 22, 1996), B (as amended through May 17, 1995), and H (as amended through July 30, 1993), as amended through August 18, 1994.

"Existing hazardous air pollutant source" means any source as defined in 40 CFR 61 (as amended through July 15, 1994 April 21, 1997), and 40 CFR 63.72 (as amended through March 8, 1995 December 29, 1992), with respect to Section 112(i)(5) of the Act, the construction or reconstruction of which commenced prior to proposal of an applicable Section 112(d) standard.

"High risk pollutant" means one of the following hazardous air pollutants listed in Table 1 in 40 CFR 63.74 as amended through March 8, 1995 October 21, 1994.

ITEM 23. Further amend 567--22.100(455B), definition of "Regulated air pollutant," by adding the following new numbered paragraph "6":

6. With respect to Title V, total suspended particulate is not considered a regulated air pollutant for the purpose of determining whether a source is considered to be a major source.

ITEM 24. Amend subrule 22.101(1), paragraph "e," as follows:

e. Any source category designated by the administrator pursuant to 40 CFR 70.3 as amended through June 25, 1993 June 20, 1996.

ITEM 25. Amend subrule 22.101(2) as follows:

22.101(2) Title V deferred stationary sources. The requirement to obtain a Title V permit is deferred for all sources listed in 22.101(1) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act, until December 9, 1999, unless by the final promulgation of a federal standard to which the source is subject under the provisions of 40 CFR Part 60 (as amended through June 12, 1997), or 40 CFR Part 63 (as amended through August 11, 1997), a source is required to obtain a Title V permit. Each source receiving a deferral under the provisions of this rule shall submit a Title V permit application to the department within 12 months of the date when the requirement to obtain a Title V permit is no longer deferred for that source.

ITEM 26. Amend rule 567--22.102(455B) as follows:

567--22.102(455B) Source categories exempt from obtaining Title V operating permit. The following source categories are exempt from the obligation to obtain a Title V operating permit:

22.102(1) Residential wood heaters required to obtain a Title V permit solely because they are subject to 40 CFR 60, Subpart AAA, as amended to August 31, 1993 June 29, 1995.

22.102(2) Asbestos demolition and renovation projects required to obtain a Title V permit solely because they are subject to 40 CFR 61, Subpart M, as amended to July 15, 1994 June 19, 1995.

22.102(3) Any decorative chromium electroplating operation or chromium anodizing operation using fume suppressants as an emission reduction technology; and any decorative chromium electroplating operation using a trivalent chromium bath incorporating a wetting agent as a bath ingredient if the source is not by itself a major source and is not located at a major source, as defined under 40 CFR 70.2 (as amended through July 21, 1992).

22.102(4) Any batch cold solvent cleaning machine as defined in 40 CFR 63 Subpart T (as amended through June 5, 1995) that is not itself a major source and that is not located at a major source as defined under 40 CFR 70.2 (as amended through July 21, 1992).

ITEM 27. Amend subrule 22.103(1), introductory paragraph, as follows:

22.103(1) Insignificant activities excluded from Title V operating permit application. The following are insignificant activities for purposes of Title V permitting if not needed to determine the applicability of or to impose any applicable requirement. In accordance with 40 CFR 70.5 (as amended through June 25, 1993 July 21, 1992), these activities need not be included in the Title V permit application or in the calculation of fees pursuant to 22.106(455B). However, if the inclusion of emissions from these activities makes the source subject to the Title V permit requirement or if these activities are needed to impose any applicable requirement, these activities must be included in the permit application.

ITEM 28. Amend subrule 22.105(1) as follows:

22.105(1) Duty to apply. For each source required to obtain a Title V permit, the owner or operator or designated representative, where applicable, shall present or mail to the Air Quality Bureau, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, at least four copies of a complete and timely permit application in accordance with this rule.

a. Timely application. Each source applying for a Title V permit shall submit an application:

(1) By November 15, 1994, if a source is existing on April 20, 1994, is required to have a Title V permit and is applying for a Title V permit for the first time. However, a source may choose to defer submittal of Part 2 of the permit application until 90 days after approval of the department's Title V program by USEPA. The department will mail notice of the new deadline to all applicants who have filed Part 1 of the application, at least 75 days prior to the new deadline.

(2)(1) At least 6 months but not more than 18 months prior to the date of permit expiration if the application is for a permit renewal.

(3)(2) By January 1, 1996, (for sulfur dioxide) or by 1998, (for nitrogen oxides) if the application is for an initial Phase II acid rain permit.

(4)(3) At least 6 months prior to any planned significant modification of a Title V permit. See rule 22.113(455B).

(5)(4) Within 12 months of commencing operation for a source subject to 112(g) of the Act or subject to rule 22.4(455B) (prevention of significant deterioration permitting) or subject to rule 22.5(455B) (nonattainment area permitting). Where an existing Title V permit would prohibit such construction or change in operation, the source must obtain a Title V permit revision before commencing operation.

(6)(5) Within 12 months of becoming subject to this rule for a new source or a source which has become subject to the Title V permit requirement after April 20, 1994.

b. Complete application. To be deemed complete, an application must provide all information required pursuant to subrule 22.105(2), except that applications for permit revision need supply such information only if it is related to the proposed change.

ITEM 29. Amend subrule 22.106(3) as follows:

22.106(3) Fee and documentation due dates.

a. The fee shall be submitted annually by July 1. The fee shall be submitted with four copies of the following forms:

1. Form 1.0 "Facility identification";

2. Form 5.0 "Title V annual emissions summary/fee"; and

3. Part 3 "Application certification."

b. The Four copies of the following forms shall be submitted annually by March 31 documenting actual emissions for the previous calendar year.:

1. Form 1.0 "Facility identification";

2. Form 4.0 "Emission unit--actual operations and emissions" for each emission unit;

3. Form 5.0 "Title V annual emissions summary/fee"; and

4. Part 3 "Application certification."

If there are any changes to the emission calculation form, the department shall make revised forms available to the public by January 1. If revised forms are not available by January 1, forms from the previous year may be used and the year of emissions documented changed. The department shall calculate the total statewide Title V emissions for the prior calendar year and make this information available to the public no later than April 30 of each year.

ITEM 30. Amend subrule 22.107(1), paragraph "a," subparagraph (6), as follows:

(6) If the administrator has properly objected to the permit pursuant to the provisions of 40 CFR 70.8(d) as amended to June 25, 1993 July 21, 1992, or subrule 22.107(7), then the permitting authority may issue a permit only after the administrator's objection has been resolved; and

ITEM 31. Amend subrule 22.107(8) as follows:

22.107(8) Public petitions to the administrator regarding Title V permits.

a. If the administrator does not object to a proposed permit, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period to make an objection pursuant to 40 CFR 70.8(d) as amended to June 25, 1993 July 21, 1992.

b. Any person who petitions the administrator pursuant to the provisions of 40 CFR 70.8(d) as amended to June 25, 1993 July 21, 1992, shall notify the department by certified mail of such petition immediately, and in no case more than 10 days following the date the petition is submitted to EPA. Such notice shall include a copy of the petition submitted to EPA and a separate written statement detailing the grounds for the objection(s) and whether the objection(s) was raised during the public comment period. A petition for review shall not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day EPA review period and prior to the administrator's objection.

c. If the administrator objects to the permit as a result of a petition filed pursuant to 40 CFR 70.8(d) as amended to June 25, 1993 July 21, 1992, then the director shall not issue a permit until the administrator's objection has been resolved. However, if the director has issued a permit prior to receipt of the administrator's objection, and the administrator modifies, terminates, or revokes such permit, consistent with the procedures in 40 CFR 70.7 as amended to June 25, 1993 July 21, 1992, then the director may thereafter issue only a revised permit that satisfies the administrator's objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application.

ITEM 32. Amend subrule 22.108(14), paragraph "b," as follows:

b. Notwithstanding paragraph "a" of this subrule, the director shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of 40 CFR 70.7 or 70.8 (as amended through June 25, 1993 July 21, 1992).

ITEM 33. Amend subrule 22.108(17), paragraph "a," subparagraph (2), as follows:

(2) The reopening and revision on this ground is not required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions have been extended pursuant to 40 CFR 70.4(b)(10)(i) or (ii) as amended to June 25, 1993 June 20, 1996; or

ITEM 34. Amend subrule 22.114(1), paragraph "a," as follows:

a. The department receives notice that the administrator has granted a petition for disapproval of a permit pursuant to 40 CFR 70.8(d) as amended to June 25, 1993 July 21, 1992, provided that the reopening may be stayed pending judicial review of that determination;

ITEM 35. Amend rule 567--22.120(455B) by adding the following new definitions in alphabetical order:

"Alternative contemporaneous annual emission limitation" means the maximum allowable NO_x emission rate (on a lb/mmBtu, annual average basis) assigned to an individual unit in a NO_x emissions averaging plan pursuant to 40 CFR 76.10, as amended through December 19, 1996.

"Alternative technology" means a control technology for reducing NO_x emissions that is outside the scope of the definition of low NO_x burner technology. Alternative technology does not include overfire air as applied to wall-fired boilers or separated overfire air as applied to tangentially fired boilers.

"Approved clean coal technology demonstration project" means a project using funds appropriated under the Department of Energy's ``Clean Coal Technology Demonstration Program,'' up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar proj-ects funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.

"Arch-fired boiler" means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are at an angle significantly different from the horizontal axis and the vertical axis. This definition shall include only the following units: Holtwood unit 6, and Sunbury units 1A, 1B, 2A, and 2B. This definition shall exclude dry bottom turbo-fired boilers.

"Cell burner boiler" means a wall-fired boiler that utilizes two or three circular burners combined into a single vertically oriented assembly that results in a compact, intense flame. Any low NO_x retrofit of a cell burner boiler that reuses the existing cell burner, close-coupled wall opening configuration would not change the designation of the unit as a cell burner boiler.

"Coal-fired utility unit" means a utility unit in which the combustion of coal (or any coal-derived fuel) on a Btu basis exceeds 50.0 percent of its annual heat input during the following calendar year: for Phase I units, in calendar year 1990 and, for Phase II units, in the calendar year 1995 or, for a Phase II unit that did not combust any fuel that resulted in the generation of electricity in calendar year, and any calendar year during the period from 1990 through 1995. For the purposes of this part, this definition shall apply notwithstanding the definition at 40 CFR 72.2, as amended through October 24, 1997.

"Combustion controls" means technology that minimizes NO_x formation by staging fuel and combustion air flows in a boiler. This definition shall include low NO_x burners, overfire air, or low NO_x burners with overfire air.

"Cyclone boiler" means a boiler with one or more water-cooled horizontal cylindrical chambers in which coal combustion takes place. The horizontal cylindrical chamber(s) is attached to the bottom of the furnace. One or more cylindrical chambers are arranged either on one furnace wall or on two opposed furnace walls. Gaseous combustion products exiting from the chamber(s) turn 90 degrees to go up through the boiler while coal ash exits the bottom of the boiler as a molten slag.

"Demonstration period" means a period of time not less than 15 months, approved under 40 CFR 76.10, as amended through December 19, 1996, for demonstrating that the affected unit cannot meet the applicable emission limitation under 40 CFR Sections 76.5 or 76.7 as amended through December 19, 1996, or 76.6, as amended through June 12, 1997, and establishing the minimum NO_x emission rate that the unit can achieve during long-term load dispatch operation.

"Dry bottom" means the boiler has a furnace bottom temperature below the ash melting point and the bottom ash is removed as a solid.

"Economizer" means the lowest temperature heat exchange section of a utility boiler where boiler feed water is heated by the flue gas.

"Flue gas" means the combustion products arising from the combustion of fossil fuel in a utility boiler.

"Group 1 boiler" means a tangentially fired boiler or a dry bottom wall-fired boiler (other than a unit applying cell burner technology), as defined by this rule.

"Group 2 boiler" means a wet bottom wall-fired boiler, a cyclone boiler, a boiler applying cell burner technology, a vertically fired boiler, an arch-fired boiler, or any other type of utility boiler (such as a fluidized bed or stoker boiler), as defined by this rule that is not a Group 1 boiler.

"Low nitrogen oxides burners" and "low nitrogen oxides burner technology" mean commercially available combustion modification NO_x controls that minimize NO_x formation by introducing coal and its associated combustion air into a boiler such that initial combustion occurs in a manner that promotes rapid coal devolatilization in a fuel-rich (i.e., oxygen deficient) environment and introduces additional air to achieve a final fuel-lean (i.e., oxygen rich) environment to complete the combustion process. This definition shall include the staging of any portion of the combustion air using air nozzles or registers located inside any waterwall hole that includes a burner. This definition shall exclude the staging of any portion of the combustion air using air nozzles or ports located outside any waterwall hole that includes a burner (commonly referred to as nitrogen oxides ports or separated overfire air ports).

"Maximum Continuous Steam Flow at 100% of Load" means the maximum capacity of a boiler as reported in item 3 (Maximum Continuous Steam Flow at 100% Load in thousands pounds per hour), Section C (design parameters), Part III (boiler information) of the U.S. Department of Energy's Form EIA-767 for 1995.

"Non-plug-in combustion controls" means the replacement, in a cell burner boiler, of the portions of the waterwalls containing the cell burners by new portions of the waterwalls containing low NO_x burners with overfire air.

"Operating period" means a period of time of not less than three consecutive months and that occurs not more than one month prior to applying for an alternative emission limitation demonstration period under 40 CFR 76.10, as amended through December 19, 1996, during which the owner or operator of an affected unit that cannot meet the applicable emission limitation:

1. Operates the installed NO_x emission controls in accordance with primary vendor specifications and procedures, with the unit operating under normal conditions; and

2. Records and reports quality-assured continuous emission monitoring (CEM) and unit operating data according to the methods and procedures in 40 CFR Part 75, as amended through November 20, 1996.

"Plug-in combustion controls" means the replacement, in a cell burner boiler, of existing cell burners by low NO_x burners or low NO_x with overfire air.

"Primary vendor" means the vendor of the NO_x emission control system who has primary responsibility for providing the equipment, service, and technical expertise necessary for detailed design, installation, and operation of the controls, including process data, mechanical drawings, operating manuals, or any combination thereof.

"Reburning" means reducing the coal and combustion air to the main burners and injecting a reburn fuel (such as gas or oil) to create a fuel-rich secondary combustion zone above the main burner zone and final combustion air to create a fuel-lean burnout zone. The formation of NO_x is inhibited in the main burner zone due to the reduced combustion intensity, and NO_x is destroyed in the fuel-rich secondary combustion zone by conversion to molecular nitrogen.

"Selective catalytic reduction" means a noncombustion control technology that destroys NO_x by injecting a reducing agent (e.g., ammonia) into the flue gas that, in the presence of a catalyst (e.g., vanadium, titanium, or zeolite), converts NO_x into molecular nitrogen and water.

"Selective noncatalytic reduction" means a noncombustion control technology that destroys NO_x by injecting a reducing agent (e.g., ammonia, urea, or cyanuric acid) into the flue gas, downstream of the combustion zone that converts NO_x to molecular nitrogen, water, and when urea or cyanuric acid is used, to carbon dioxide.

"Stoker boiler" means a boiler that burns solid fuel in a bed, on a stationary or moving grate, which is located at the bottom of the furnace.

"Tangentially fired boiler" means a boiler that has coal and air nozzles mounted in each corner of the furnace where the vertical furnace walls meet. Both pulverized coal and air are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the furnace.

"Turbo-fired boiler" means a pulverized coal, wall-fired boiler with burners arranged on walls so that the individual flames extend down toward the furnace bottom and then turn back up through the center of the furnace.

"Vertically fired boiler" means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are horizontal or at an angle. This definition shall include dry bottom roof-fired boilers and dry bottom top-fired boilers, and shall exclude dry bottom arch-fired boilers and dry bottom turbo-fired boilers.

"Wall-fired boiler" means a boiler that has pulverized coal burners arranged on the walls of the furnace. The burners have discrete, individual flames that extend perpendicularly into the furnace area.

"Wet bottom" means that the ash is removed from the furnace in a molten state. The term "wet bottom boiler" shall include wet bottom wall-fired boilers, including wet bottom turbo-fired boilers; and wet bottom boilers otherwise meeting the definition of vertically fired boilers, including wet bottom arch-fired boilers, wet bottom roof-fired boilers, and wet bottom top-fired boilers. The term "wet bottom boiler" shall exclude cyclone boilers and tangentially fired boilers.

ITEM 36. Amend 567--22.120(455B), definition of "Acid rain emissions limitation," as follows:

"Acid rain emissions limitation" means:

For purposes of sulfur dioxide emissions:

1. The tonnage equivalent of the basic Phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year;

2. As adjusted:

* By allowances allocated by the administrator pursuant to Section 403, Section 405 (a)(2), (a)(3), (b)(2), (c)(4), (d)(3), and (h)(2), and Section 406 of the Act;

* By allowances allocated by the administrator pursuant to Subpart D of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997; and thereafter

* By allowance transfers to or from the compliance subaccount for that unit that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in 40 CFR 73.35 as amended through July 30, 1993 April 4, 1995, after deductions and other adjustments are made pursuant to 40 CFR 73.34(c) as amended through July 30, 1993 April 4, 1995; and

For purposes of nitrogen oxides emissions, the applicable limitation established by regulations promulgated by the administrator pursuant to Section 407 of the Act, as modified by an acid rain permit application submitted to the department, and an acid rain permit issued by the department, in accordance with rules implementing Section 407 of the Act.

ITEM 37. Further amend 567--22.120(455B) by amending the following definitions:

"Acid Rain Program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Act, rules 22.120(455B) to 22.147(455B), 40 CFR Parts 72, 73, 75, 77, and 78 as amended through October 24, 1997, and 76 as amended through December 19, 1996 as amended through November 22, 1994, and regulations implementing Sections 407 and 410 of the Act.

"Allowances held" or "hold allowances" means the allowances recorded by the administrator, or submitted to the administrator for recordation in accordance with 40 CFR 73.50 as amended through July 30, 1993 January 11, 1993, in an allowance tracking system account.

"Authorized account representative" means a responsible natural person who is authorized, in accordance with 40 CFR Part 73 as amended through July 30, 1993 October 24, 1997, to transfer and otherwise dispose of allowances held in an allowance tracking system general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit.

"Certificate of representation" means the completed and signed submission required by 40 CFR 72.20 as amended through November 22, 1994 October 24, 1997, for certifying the appointment of a designated representative for an affected source or a group of identified affected sources authorized to represent the owners and operators of such source(s) and of the affected units at such source(s) with regard to matters under the Acid Rain Program.

"Compliance certification" means a submission to the department or the administrator that is required by rules 22.120(455B) to 22.147(455B), by 40 CFR Part Parts 72, 73, 75, 77, or 78 as amended through October 24, 1997, and 76 as amended through December 19, 1996 as amended through November 22, 1994, or by regulations implementing Sections 407 or 410 of the Act to report an affected source or an affected unit's compliance or noncompliance with a provision of the Acid Rain Program and that is signed and verified by the designated representative in accordance with Subpart B of 40 CFR Part 72 as amended through November 22, 1994 October 24, 1997, rules 22.146(455B) and 22.147(455B), and the Acid Rain Program regulations generally.

"Compliance subaccount" means the subaccount in an affected unit's allowance tracking system account, established pursuant to 40 CFR 73.31 (a) or (b) as amended through July 30, 1993, in which are held, from the date that allowances for the current calendar year are recorded under 40 CFR 73.34(a) as amended through July 30, 1993 April 4, 1995, until December 31, allowances available for use by the unit in the current calendar year and, after December 31 until the date that deductions are made under 40 CFR 73.35(b) as amended through July 30, 1993 April 4, 1995, allowances available for use by the unit in the preceding calendar year, for the purpose of meeting the unit's acid rain emissions limitation for sulfur dioxide.

"Designated representative" means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term "responsible official" is used in rules 22.100(455B) to 22.116(455B), it shall be deemed to refer to the designated representative with regard to all matters under the Acid Rain Program.

"Independent power production facility (IPP)" means a source that:

1. Is nonrecourse project financed, as defined by the secretary of energy at 10 CFR Part 715 as amended to February 1, 1994 October 24, 1991;

2. Is used for the generation of electricity, 80 percent or more of which is sold at wholesale; and

3. Is a new unit required to hold allowances under Title IV of the Act; but only if direct public utility ownership of the equipment comprising the facility does not exceed 50 percent.

"Offset plan" means a plan pursuant to 40 CFR Part 77 as amended through July 30, 1993 October 24, 1997, for offsetting excess emissions of sulfur dioxide that have occurred at an affected unit in any calendar year.

"Potential electrical output capacity" means the MWe capacity rating for the units which shall be equal to 33 percent of the maximum design heat input capacity of the steam generating unit, as calculated according to Appendix D of 40 CFR Part 72 as amended through July 30, 1993 March 23, 1993.

"Proposed acid rain permit" means the version of an acid rain permit that the department submits to the administrator after the public comment period, but prior to completion of the EPA permit review period under 40 CFR 70.8(c) as amended to June 25, 1993 July 21, 1992.

"State Title V operating permit program" means a Title V operating permit program that the administrator has approved as meeting the requirements of Title IV and Title V of the Act and 40 CFR Parts 70 as amended to June 29, 1992 October 22, 1997, and 72 as amended to November 22, 1994 October 24, 1997.

ITEM 38. Amend subrule 22.122(1) as follows:

22.122(1) Each of the following units shall be an affected unit, and any source that includes such a unit shall be an affected source, subject to the requirements of the Acid Rain Program:

a. A unit listed in Table 1 of 40 CFR 73.10(a) (as adopted January 11, 1993 October 24, 1997).

b. An existing unit that is identified in Table 2 or 3 of 40 CFR 73.10 as amended through July 30, 1993 October 24, 1997, and any other existing utility unit, except a unit under subrule 22.122(2).

c. A utility unit, except a unit under subrule 22.122(2), that:

(1) Is a new unit;

(2) Did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990, but serves such a generator after November 15, 1990;

(3) Was a simple combustion turbine on November 15, 1990, but adds or uses auxiliary firing after November 15, 1990;

(4) Was an exempt cogeneration facility under paragraph 22.122(2)"d" but during any three-calendar-year period after November 15, 1990, sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs electric output, on a gross basis;

(5) Was an exempt qualifying facility under paragraph 22.122(2)"e" but, at any time after the later of November 15, 1990, or the date the facility commences commercial operation, fails to meet the definition of qualifying facility;

(6) Was an exempt independent power production facility under paragraph 22.122(2)"f" but, at any time after the later of November 15, 1990, or the date the facility commences commercial operation, fails to meet the definition of independent power production facility; or

(7) Was an exempt solid waste incinerator under paragraph 22.122(2)"g" but during any three-calendar-year period after November 15, 1990, consumes 20 percent or more (on a Btu basis) fossil fuel.

(8) Is a coal-fired substitution unit that is designated in a substitution plan that was not approved and not active as of January 1, 1995, or is a coal-fired compensating unit.

ITEM 39. Amend subrule 22.122(3) as follows:

22.122(3) A certifying official of any unit may petition the administrator for a determination of applicability under 40 CFR 72.6(c) as amended through July 30, 1993 October 24, 1997. The administrator's determination of applicability shall be binding upon the department, unless the petition is found to have contained significant errors or omissions.

ITEM 40. Amend subrule 22.123(2), introductory paragraph, as follows:

22.123(2) Petition for written exemption. The designated representative, authorized in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997, of a source that includes a unit under subrule 22.123(1) may petition the department for a written exemption, or to renew a written exemption, for the unit from certain requirements of the Acid Rain Program. The petition shall be submitted on a form approved by the department which includes the following elements:

ITEM 41. Amend subrule 22.123(3), paragraph "a," as follows:

a. The department will issue, for any unit meeting the requirements of subrules 22.123(1) and 22.123(2), a written exemption from the requirements of the Acid Rain Program except for the requirements specified in this subrule, 40 CFR 72.2 through 72.7, and 40 CFR 72.10 through 72.13 as amended through November 22, 1994 October 24, 1997; provided that no unit shall be exempted unless the designated representative of the unit surrenders, and the administrator deducts from the unit's allowances tracking system account, allowances pursuant to 40 CFR 72.7(c)(1)(i) and (d)(1) as amended through November 22, 1994 October 24, 1997. The exemption shall take effect on January 1 of the year immediately following the date on which the written exemption is issued in accordance with paragraph 22.123(3)"b"; provided that the owners and operators, and, to the extent applicable, the designated representative, shall comply with the requirements of the Acid Rain Program concerning all years for which the unit was not exempted, even if such requirements arise, or must be complied with, after the exemption takes effect. The exemption shall not be a defense against any violation of such requirements of the Acid Rain Program whether the violation occurs before or after the exemption takes effect.

ITEM 42. Amend subrule 22.124(2), paragraph "a," as follows:

a. The designated representative, authorized in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997, of a source that includes a unit under subrule 22.124(1) may petition the department for a written exemption, or to renew a written exemption, for the unit from certain requirements of the Acid Rain Program.

ITEM 43. Amend subrule 22.124(3), paragraph "a," as follows:

a. The department will issue, for any unit meeting the requirements of subrules 22.124(1) and 22.124(2), a written exemption from the requirements of rules 22.120(455B) to 22.147(455B) 22.146(455B) and 40 CFR Part 72 as amended through November 22, 1994 October 24, 1997, except for the requirements specified in this rule and 40 CFR 72.1 through 72.6, 40 CFR 72.8, and 40 CFR 72.10 through 72.13. The exemption shall take effect on January 1 of the year following the date on which the written exemption is issued in accordance with paragraph 22.124(3)"b"; provided that the owners and operators, and, to the extent applicable, the designated representative, shall comply with the requirements of rules 22.120(455B) to 22.147(455B) 22.146(455B) and 40 CFR Part 72 as amended through November 22, 1994 October 24, 1997, concerning all years for which the unit was not exempted, even if such requirements arise or must be complied with after the exemption takes effect. The exemption shall not be a defense against any violation of such requirements of the Acid Rain Program whether the violation occurs before or after the exemption takes effect.

ITEM 44. Amend subrule 22.124(4), paragraphs "b" and "c," as follows:

b. The owners and operators of a unit exempted under this rule shall comply with monitoring requirements in accordance with rule 567--25.2(455B) and will be allocated allowances in accordance with 40 CFR Part 73 as amended through July 30, 1993 October 24, 1997.

c. A unit exempted under this rule shall not resume operation unless the designated representative of the source that includes the unit submits an acid rain permit application for the unit not less than 24 months prior to the later of January 1, 2000, or the date the unit is to resume operation. On the earlier of the date the written exemption expires or the date an acid rain permit application is submitted or is required to be submitted under this paragraph, the unit shall no longer be exempted under this rule and shall be subject to all requirements of rules 22.120(455B) to 22.147(455B) and 40 CFR Part 72 as amended through November 22, 1994 October 24, 1997.

ITEM 45. Amend subrule 22.125(3), paragraph "a," subparagraph (1), as follows:

(1) Hold allowances, as of the allowance transfer deadline, in the unit's compliance subaccount (after deductions under 40 CFR 73.34(c) as amended through July 30, 1993 April 4, 1995) not less than the total annual emissions of sulfur dioxide for the previous calendar year from the unit; and

ITEM 46. Amend subrule 22.125(4) as follows:

22.125(4) Nitrogen oxides requirements. The owners and operators of the source and each affected unit at the source shall comply with the applicable acid rain emission limitation for nitrogen oxides, as specified in 40 CFR Sections 76.5 and 76.7 as amended through December 19, 1996; 76.6 as amended through June 12, 1997; and 76.8, 76.11, 76.12, and 76.15 as amended through April 13, 1995; or by alternative emission limitations provided for by 40 CFR 76.10, amended through December 19, 1996, as long as the alternative emission limitation has been petitioned and demonstrated according to 40 CFR 76.14 as amended through April 13, 1995, and approved by the department.

ITEM 47. Amend subrule 22.125(5) as follows:

22.125(5) Excess emissions requirements.

a. The designated representative of an affected unit that has excess emissions in any calendar year shall submit a proposed offset plan to the administrator, as required under 40 CFR Part 77 as amended through July 30, 1993 October 24, 1997, and submit a copy to the department.

b. The owners and operators of an affected unit that has excess emissions in any calendar year shall:

(1) Pay to the administrator without demand the penalty required, and pay to the administrator upon demand the interest on that penalty, as required by 40 CFR Part 77 as amended through July 30, 1993 October 24, 1997; and

(2) Comply with the terms of an approved offset plan, as required by 40 CFR Part 77 as amended through July 30, 1993 October 24, 1997.

ITEM 48. Amend subrule 22.125(6), paragraph "a," subparagraph (1), as follows:

(1) The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24 as amended through July 30, 1993 October 24, 1997; provided that the certificate and documents shall be retained on site at the source beyond such five-year period until such documents are superseded because of the submission of a new certificate of representation changing the designated representative.

ITEM 49. Amend subrule 22.125(7), paragraph "g," as follows:

g. Each violation of a provision of rules 22.120(455B) to 22.147(455B) and 40 CFR Parts 72, 73, 75, 77, and 78 as amended through October 24, 1997, and 76 as amended through December 19, 1996 as amended through November 22, 1994, and regulations implementing Sections 407 and 410 of the Act by an affected source or affected unit, or by an owner or operator or designated representative of such source or unit, shall be a separate violation of the Act.

ITEM 50. Amend subrule 22.126(1) as follows:

22.126(1) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the administrator in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997, and, concurrently, shall submit a copy to the department. Whenever the term "designated representative" is used in this rule, the term shall be construed to include the alternate designated representative.

ITEM 51. Amend subrule 22.127(1) as follows:

22.127(1) Except as provided in 40 CFR 72.23 as amended through July 30, 1993 January 11, 1993, no objection or other communication submitted to the administrator or the department concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action, or inaction of the designated representative, or the finality of any decision by the department, under the Acid Rain Program. In the event of such communication, the department is not required to stay any submission or the effect of any action or inaction under the Acid Rain Program.

ITEM 52. Amend subrule 22.128(2) by adding the following new paragraph "i":

i. For a Phase II unit with a Group 1 or a Group 2 boiler, the designated representative shall submit a complete permit application and compliance plan for NO_x emissions to the department no later than January 1, 1998.

ITEM 53. Amend subrule 22.128(4) as follows:

22.128(4) Submission of copies. The original and four copies of all permit applications shall be submitted to the department presented or mailed to the Air Quality Bureau, Iowa Department of Natural Resources, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322.

ITEM 54. Amend subrule 22.131(1) as follows:

22.131(1) For each affected unit included in an acid rain permit application, a complete compliance plan shall include:

a. For sulfur dioxide emissions, a certification that, as of the allowance transfer deadline, the designated representative will hold allowances in the unit's compliance subaccount (after deductions under 40 CFR 73.34(c) as amended through July 30, 1993 April 4, 1995) not less than the total annual emissions of sulfur dioxide from the unit. The compliance plan may also specify, in accordance with rules rule 22.131(455B) and 22.132(455B), one or more of the acid rain compliance options.

b. For nitrogen oxides emissions, a certification that the unit will comply with the applicable limitation established by regulations implementing Section 407 of the Act subrule 22.125(4) or shall specify one or more acid rain compliance options, in accordance with Section 407 of the Act, and regulations implementing Section 407 40 CFR Sections 76.9 amended through April 13, 1995, and 76.16 amended through December 19, 1996.

ITEM 55. Rescind and reserve rule 567--22.132(455B).

ITEM 56. Amend rule 567--22.134(455B) as follows:

567--22.134(455B) Acid rain permit shield. Each affected unit operated in accordance with the acid rain permit that governs the unit and that was issued in compliance with Title IV of the Act, as provided in rules 22.120(455B) to 22.147(455B) 22.146(455B), rule 567--25.2(455B), or 40 CFR Parts 72, 73, 75, 77, and 78 as amended through October 24, 1997, and 76 as amended through December 19, 1996 as amended through November 22, 1994, and the regulations implementing Section 407 of the Act, shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in paragraph 22.125(7)"f."

ITEM 57. Amend subrules 22.138(3) and 22.138(4) as follows:

22.138(3) Following the administrator's review of the proposed acid rain permit or denial of a proposed acid rain permit, the department, or under 40 CFR 70.8(c) as amended to June 25, 1993 July 21, 1992, the administrator, will incorporate any required changes and issue or deny the acid rain permit in accordance with rules 22.133(455B) and 22.134(455B).

22.138(4) No acid rain permit including a draft or proposed permit shall be issued unless the administrator has received a certificate of representation for the designated representative of the source in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997.

ITEM 58. Amend subrule 22.139(1) as follows:

22.139(1) Appeals of the acid rain portion of a Title V operating permit issued by the department that do not challenge or involve decisions or actions of the administrator under 40 CFR Parts 72, 73, 75, 77, and 78 as amended through October 24, 1997, and 76 as amended through December 19, 1996 as amended through November 22, 1994, and Sections 407 and 410 of the Act and regulations implementing Sections 407 and 410 shall be conducted according to the procedures in Iowa Code chapter 17A and 561--Chapter 7, as adopted by reference at 567--Chapter 7. Appeals of the acid rain portion of such a permit that challenge or involve such decisions or actions of the administrator shall follow the procedures under 40 CFR Part 78 as amended through July 30, 1993 October 24, 1997, and Section 307 of the Act. Such decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems, and determinations of whether a technology is a qualifying repowering technology.

ITEM 59. Amend subrule 22.139(4), paragraph "e," as follows:

e. The terms of a certificate of representation submitted by a designated representative under Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997.

ITEM 60. Amend subrule 22.140(4) as follows:

22.140(4) Any determination or interpretation by the state (including the department or a state court) modifying or voiding any acid rain permit provision shall be subject to review by the administrator in accordance with 40 CFR 70.8(c) as amended to June 25, 1993 July 21, 1992, as applied to permit modifications, unless the determination or interpretation is an administrative amendment approved in accordance with rule 22.143(455B).

ITEM 61. Amend subrule 22.143(2), paragraphs "b" and "e," as follows:

b. Changes in the designated representative or alternative designated representative; provided that a new certificate of representation is submitted to the administrator in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997;

e. Changes in the owners or operators; provided that a new certificate of representation is submitted within 30 days to the administrator and the department in accordance with Subpart B of 40 CFR Part 72 as amended through July 30, 1993 October 24, 1997;

ITEM 62. Amend rule 567--22.144(455B) as follows:

567--22.144(455B) Automatic permit amendment. The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's acid rain permit by operation of law without any further review:

22.144(1) Upon recordation by the administrator under 40 CFR Part 73 as amended through July 30, 1993 October 24, 1997, all allowance allocations to, transfers to, and deductions from an affected unit's allowance tracking system account; and

22.144(2) Incorporation of an offset plan that has been approved by the administrator under 40 CFR Part 77 as amended through July 30, 1993 October 24, 1997.

ITEM 63. Amend subrule 22.146(1) as follows:

22.146(1) Applicability and deadline. For each calendar year in which a unit is subject to the acid rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the administrator and the department, within 60 days after the end of the calendar year, an annual compliance certification report for the unit in compliance with 40 CFR 72.90 as amended through July 30, 1993 October 24, 1997.

ITEM 64. Rescind and reserve rule 567--22.147(455B).

ITEM 65. Amend subrule 22.203(1), introductory paragraph, as follows:

22.203(1) Duty to apply. Any source which would qualify for a voluntary operating permit and which would not qualify under the provisions of rule 22.300(455B), operating permit by rule for small sources, must apply for either a voluntary operating permit or a Title V operating permit. Any source determined not to be eligible for a voluntary operating permit shall be subject to enforcement action for operation without a Title V operating permit, except as provided for in rule 22.202(455B) and rule 22.300(455B). For each source applying for a voluntary operating permit, the owner or operator or designated representative, where applicable, shall present or mail to the Air Quality Bureau, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, an original and one copy of a timely and complete permit application in accordance with this rule.

ITEM 66. Amend subrule 22.203(1), paragraph "a," as follows:

a. Timely application. Each source applying for a voluntary operating permit shall submit an application:

(1) By July 1, 1996, if the source is applying for an operating permit for the first time;

(2)(1) At least 6 months but not more than 12 months prior to the date of expiration if the application is for renewal;

(3)(2) Within 12 months of becoming subject to this rule for a new source or a source which would otherwise become subject to the Title V permit requirement after the effective date of this rule.

ITEM 67. Amend subrule 22.300(2), paragraph "a," as follows:

a. Except as provided in subrules 22.300(3) and 22.300(11), any person who owns or operates a stationary source and meets the following criteria may register for an operating permit by rule for small sources:

(1) The potential to emit air contaminants is equal to or in excess of the threshold for a major stationary source of regulated air pollutants or hazardous air pollutants, and

(2) The potential to emit air contaminants equal to or in excess of the threshold for a major stationary source of hazardous air pollutants, and

(3)(2) For every 12-month rolling period, the actual emissions of the stationary source are less than or equal to the emission limitations specified in subrule 22.300(6) below.

ITEM 68. Amend subrule 22.300(8), paragraph "a," as follows:

a. Duty to apply. Any person who owns or operates a source otherwise required to obtain a Title V permit and which would be eligible for an operating permit by rule for small sources must either register for an operating permit by rule for small sources, apply for a voluntary operating permit, or apply for a Title V operating permit. Any source determined not to be eligible for an operating permit by rule for small sources, and operating without a valid Title V or a valid voluntary operating permit, shall be subject to enforcement action for operation without a Title V operating permit, except as provided for in the application shield provisions contained in rules 22.104(455B) and 22.202(455B). For each source registering for an operating permit by rule for small sources, the owner or operator or designated representative, where applicable, shall present or mail to the Air Quality Bureau, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, one original and one copy of a timely and complete registration form in accordance with this rule.

(1) Timely registration. Each source registering for an operating permit by rule for small sources shall submit a registration form:

1. By August 1, 1996, if the source became subject to rule 22.101(455B) (the requirement to obtain a Title V operating permit) before August 1, 1995, unless otherwise required to obtain a Title V permit under rule 22.101(455B).

2. Within within 12 months of becoming subject to rule 22.101(455B) (the requirement to obtain a Title V permit) for a new source or a source which would otherwise become subject to the Title V permit requirement, if the source became subject to the rule on or after August 1, 1995.

(2) to (4) No change.

ITEM 69. Amend subrule 23.1(2), introductory paragraph, as follows:

23.1(2) New source performance standards. The federal standards of performance for new stationary sources, as defined in 40 Code of Federal Regulations Part 60 as amended or corrected through December 15, 1994 June 12, 1997, and 40 CFR Part 503 as adopted on February 19, 1993 October 25, 1995, are adopted by reference, except SS60.530 through SS60.539b, and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

ITEM 70. Amend subrule 23.1(2), paragraph "k," as follows:

k. Sewage treatment plants. An incinerator which burns the sludge produced by municipal sewage treatment plants. (Subpart O of 40 CFR 60 as amended through February 3, 1994 (49 FR 5107), and Subpart E of 40 CFR 503 as adopted on February 19, 1993) (58 FR 9248).)

ITEM 71. Amend subrule 23.1(2), paragraph "rrr," as follows:

rrr. Municipal solid waste landfills, as defined by 40 CFR 60.75(1) 40 CFR 60.751. Each municipal solid waste landfill that commenced construction, reconstruction or modification or began accepting waste on or after May 30, 1991, must comply. (Subpart WWW)

ITEM 72. Amend subrule 23.1(3), introductory paragraph, as follows:

23.1(3) Emission standards for hazardous air pollutants. The federal standards for emissions of hazardous air pollutants, 40 Code of Federal Regulations Part 61 as amended through July 15, 1994 October 14, 1997, are adopted by reference, except 40 CFR SS61.20 to SS61.26, SS61.90 to SS61.97, SS61.100 to SS61.108, SS61.120 to SS61.127, SS61.190 to SS61.193, SS61.200 to SS61.205, SS61.220 to SS61.225, and SS61.250 to SS61.256, and shall apply to the following affected pollutants and facilities and activities listed below. The corresponding 40 CFR Part 61 subpart designation is in parentheses. Reference test methods (Appendix B), compliance status information requirements (Appendix A), quality assurance procedures (Appendix C) and the general provisions (Subpart A) of Part 61 also apply to the affected activities or facilities.

ITEM 73. Amend subrule 23.1(4), introductory paragraph, as follows:

23.1(4) Emission standards for hazardous air pollutants for source categories. The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended through June 24, 1996 August 11, 1997, are adopted by reference, except 40 CFR SSSS 63.12, 63.14, 63.15, 63.40 through 63.44, 63.50, 63.560 (b), (e)(2), (3), and 63.562 (c), (d), and shall apply to the following affected facilities. The corresponding 40 CFR Part 63 subpart designation is in parentheses. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (F_bio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purposes of this subrule "Hazardous air pollutant" has the same meaning found in 567--22.100(455B). For the purposes of this subrule a "major source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule an "area source" means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4) "a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

ITEM 74. Amend subrule 23.1(5), introductory paragraph and paragraph "a," as follows:

23.1(5) Emission guidelines. The emission guidelines and compliance times for existing sources, as defined in 40 Code of Federal Regulations Part 60 as amended through June 12, 1997, shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. The control of the designated pollutants will be in accordance with federal standards established in Sections 111 and 129 of the Act and 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for Designated Facilities), and the applicable subpart(s) for the existing source. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

a. Emission guidelines for municipal solid waste landfills (Subpart Cc). Emission guidelines and compliance times for the control of certain designated pollutants from certain designated municipal solid waste landfills shall be in accordance with federal standards established in Section 111(d) of the Act and 40 CFR Part 60, Subparts B (Adoption and Submittal of State Plans for Designated Facilities), Subparts Cc (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills), and WWW (Standards of Performance for Municipal Solid Waste Landfills) of 40 CFR Part 60.

ITEM 75. Amend subrule 23.1(6), introductory paragraphs and paragraph "a," as follows:

23.1(6) Calculation of emission limitations based upon stack height. This rule sets limits for the maximum stack height credit to be used in ambient air quality modeling for the purpose of setting an emission limitation and calculating the air quality impact of a source. The rule does not limit the actual physical stack height for any source.

For the purpose of this subrule, definitions of "stack," "a stack in existence," "dispersion technique," "nearby" and "excessive concentration" as set forth in 40 CFR SSSS51.1 51.100(ff) through (hh), (jj) and (kk) as amended through July 8, 1985 June 14, 1996, are adopted by reference.

This subrule does not apply to those facilities exempted under 40 CFR SS51.12(k) as amended through July 8, 1985, which is adopted herein by reference solely for the purpose of subrule 23.1(5).

a. "Good engineering practice (GEP) stack height" means the greater of:

(1) Sixty-five meters, measured from the ground level elevation at the base of the stack; or

(2) For stacks in existence on January 12, 1979, and for which the owner and operator had obtained all applicable permits or approvals required under 567--Chapter 22 and 40 CFR SS52.21 as amended through March 12, 1996,

For all other stacks,

Hg = good engineering practice stack height, measured from the ground level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground level elevation at the base of the stack,

L = lesser dimension, height or projected width, of nearby structure(s), provided that the department may require the use of a field study or fluid model to verify GEP stack height for the source; or

(3) The height demonstrated by a fluid model or a field study approved by the department, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features. Public notification of the availability of such study and opportunity for public hearing are required prior to approval by the department.

ITEM 76. Amend subrule 23.2(3), paragraph "e," as follows:

e. Recreational fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with 23.3(2)"d." Burning rubber tires is prohibited from this activity.

ITEM 77. Amend subrule 23.2(3), paragraph "g," as follows:

g. Training fires. Fires set for the purpose of bona fide training of public or industrial employees in firefighting methods, provided that written notification is postmarked or delivered to the director at least ten working days before such action commences. Notification shall be made in accordance with 40 CFR Section 61.145, "Standard for demolition and renovation," of the asbestos National Emission Standards for Hazardous Air Pollutants, as amended through March 5, 1992 January 16, 1991. All asbestos-containing materials shall be removed prior to the training fire. Asphalt shingles may be burned in a training fire only if the notification to the director contains testing results indicating that none of the layers of the asphalt shingles contain asbestos. Each fire department may conduct no more than two training fires per calendar year where asphalt roofing has not been removed, provided that for each of those training fires the asphalt roofing material present has been tested to ensure that it does not contain asbestos. Rubber tires may not be burned during a training fire.

ITEM 78. Amend subrule 23.3(2), paragraph "c," subparagraph (2), as follows:

(2) Nonattainment areas. Subparagraph (1) notwithstanding, no person shall allow, cause or permit any visible emission of fugitive dust in a nonattainment area for suspended particulate matter to go beyond the lot line of the property on which a traditional source is located without taking reasonable precautions to prevent emission. Traditional source means a source category for which a particulate emission standard has been established in 23.1(2), 23.3(2)"a," 23.3(2)"b" or 23.4(455B) and includes a quarry operation, haul road or parking lot associated with a traditional source. This paragraph does not modify the emission standard stated in 23.1(2), 23.3(2)"a," 23.3(2)"b" or 23.4(455B), but rather establishes a separate requirement for fugitive dust from such sources. This paragraph was effective January 1, 1980, in primary standard nonattainment areas. This paragraph is effective July 1, 1980, in secondary standard nonattainment areas; however a traditional source is in compliance with this paragraph if, by July 1, 1980, it is on a compliance schedule which has a compliance date no later than June 30, 1981. For guidance on the types of controls which may constitute reasonable precautions, see "Identification of Techniques for the Control of Industrial Fugitive Dust Emissions^*," adopted by the commission on May 19, 1981.

*Available from the department

ITEM 79. Amend subrule 23.4(10), paragraph "f," as follows:

f. "Fluoride" means elemental fluorine and all fluoride compounds as measured by reference methods specified in Appendix A to 40 CFR Part 60 as amended through March 15, 1979 March 12, 1996.

ITEM 80. Amend subrule 24.1(2), first unnumbered paragraph, as follows:

An oral report of excess emission is not required for a source with operational continuous monitoring equipment (as specified in 567--subrule 25.1(1)) if the incident of excess emission continues for less than 30 minutes and does not exceed the applicable visible emission standard by more than 10 percent or the applicable visible emission standard by more than 10 percent opacity.

ITEM 81. Amend subrule 25.1(7), paragraph "b," as follows:

b. New equipment. Unless otherwise specified by the department, all new equipment shall be tested by the owner or the owner's authorized agent to determine compliance with applicable emission limits. Tests conducted to demonstrate compliance with the requirements of 567--Chapter 23 the rules or a permit shall be conducted within 60 days of achieving maximum production but no later than 180 days of startup, unless a shorter time frame is specified in the permit.

ITEM 82. Amend subrule 25.1(9) as follows:

25.1(9) Methods and procedures. Stack sampling and associated analytical methods used to evaluate compliance with emission limitations of 567--Chapter 23 or a permit condition are those specified in the "Compliance Sampling Manual*" adopted by the commission on May 19, 1977, as revised through January 1, 1995. Sampling methods, analytical determinations, minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are those found in Appendix Appendices A (as amended through March 12, 1996), Appendix B (as amended through December 15, 1994) and Appendix F (as amended through February 11, 1991), 40 CFR Part 60 as amended through May 17, 1993, and 40 CFR 75, Appendices A (as amended through May 22, 1996), B (as amended through May 17, 1995), and H (as amended through July 30, 1993), as amended through August 18, 1994.

ITEM 83. Amend subrule 25.1(10), paragraph "a," as follows:

a. An affected source is subject to a new source performance standard promulgated in 40 CFR Part 60 as amended through June 12, 1997.

ITEM 84. Amend subrule 25.1(12) as follows:

25.1(12) Continuous monitoring of sulfur dioxide from emission points involved in an alternative emission control program. The owner or operator of any facility applying for an alternative emission control program under 567--subrule 22.7(1) that involves the trade-off of sulfur dioxide emissions shall install, calibrate, maintain and operate continuous sulfur dioxide monitoring equipment consistent with EPA reference methods (40 CFR Part 60, Appendix B, as amended through December 15, 1994). The equipment shall be operational within three months of EPA approval of an alternative emission control program.

ITEM 85. Amend rule 567--25.2(455B) as follows:

567--25.2(455B) Continuous emission monitoring under the Acid Rain Program. The continuous emission monitoring requirements for affected units under the Acid Rain Program as provided in 40 CFR 75 as adopted January 11, 1993, and as corrected or amended through August 18, 1994 October 24, 1997, are adopted by reference.

ITEM 86. Amend rule 567--28.1(455B) as follows:

567--28.1(455B) Statewide standards. The state of Iowa ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 14, 1973), 43 Federal Register 46258 (October 5, 1978), and 44 Federal Register 8202, 8220 (February 9, 1979), and 52 Federal Register 24634-24669 (July 1, 1987), and 62 Federal Register 38651-38760, 38855-38896 (July 18, 1997).

ITEM 87. Amend rule 567--29.1(455B), introductory paragraph, as follows:

567--29.1(455B) Methodology and qualified observer. The federal method for visual determination of opacity of emissions and requirements for qualified observers as defined in Method 9, 40 CFR Part 60 Appendix A as amended through November 14, 1990 March 12, 1996, is adopted by reference.

ITEM 88. Amend rule 567--31.2(455B), introductory paragraph, as follows:

567--31.2(455B) Conformity of general federal actions to the Iowa state implementation plan or federal implementation plan. The federal regulations relating to determining conformity of general federal actions to state or federal implementation plans, 40 CFR 93, Subpart B, as adopted November 30, 1993 amended through December 21, 1993, are adopted by reference except 40 CFR 93.151.

ARC 7761A

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 100, "Scope of Title--Definitions--Forms--Rules of Practice," Chapter 102, "Permits," Chapter 108, "Reuse of Solid Waste," and Chapter 110, "Design, Construction and Operation Standards for Solid Waste Management Facilities," and rescind Chapter 103, "Sanitary Landfills," and adopt a new Chapter 103, "Sanitary Landfills," Iowa Administrative Code.

The new Chapter 103 addresses design and operation requirements for four specific types of landfills: 567--103.2(455B) Municipal Solid Waste Landfills (MSWLF), 567--103.3(455B) Nonmunicipal Solid Waste Landfills (NMSWLF), 567--103.4(455B) Demolition Waste Disposal Sites, and 567--103.5(455B) Coal Combustion Solid Waste Landfills. The investigation, design, operation, closure/postclosure, and monitoring requirements are addressed in the rules for each landfill type.

The requirements for MSWLFs have been reorganized and rewritten into rule 567--103.2(455B). The intent was for the requirements to remain basically the same. There is one exception; a height restriction for MSWLFs is being proposed.

The requirements for an NMSWLF have been reorganized into rule 567--103.3(455B). This rule applies to disposal of all nonmunicipal solid waste such as industrial solid waste and construction and demolition waste except for coal combustion residue (CCR). A separate rule is proposed for CCR. Major changes include a reduction in the thickness of the clay liner; a reduction in groundwater investigation and monitoring requirements; elimination of gas monitoring requirements; and a reduction in the daily, intermediate, and final cover requirements.

Rule 567--103.4(455B) is new and applies to the disposal of waste from the demolition of structures only. Following are some major differences compared to the NMSWLF requirements. Only a city, county or 28E agency may operate such a facility. The individual responsible for management of such a site must be a certified sanitary landfill operator. There is no hydrogeological investigation or groundwater monitoring requirement. There is no bottom liner or leachate collection requirement and the separation distance from groundwater is reduced. Site volume is limited to 50,000 cubic yards. Daily cover is not required and intermediate and final cover requirements are reduced. Closure and postclosure requirements are reduced.

Rule 567--103.5(455B) is new and applies only to the disposal of coal combustion residue. Following are major differences compared to the NMSWLF requirements. There is no specific bottom liner or leachate collection requirement. The operating plan must be submitted to the appropriate field office and is not part of the construction permit application. Waste must be deposited in lifts of no more than 6 inches and wetted. Daily cover is not required if a cemented surface forms to control dusting. Closure and postclosure requirements are reduced.

Some definitions were deleted and others added to 567--Chapter 100 to conform to changes proposed in 567--Chapter 103.

Some permit requirements for landfills were deleted from 567--Chapter 102 and inserted into 567--Chapter 103. 567--Chapter 108 is revised to make the prescribed management practices for the reuse of solid waste consistent. Some references in 567--Chapter 110 need to be revised because of the change in the organization of 567--Chapter 103.

Any interested persons may make written suggestions or comments on the proposed amendments on or before February 4, 1998. Written comments should be directed to Lavoy Haage, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319-0034; fax (515)281-8895.

Also, there will be a public hearing on February 4, 1998, at 1 p.m. in the Fourth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobilityimpairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code section 455B.304.

The following amendments are proposed.

ITEM 1. Amend 567--100.2(455B,455D) by adding the following new definition in alphabetical order:

"Nonmunicipal solid waste landfill" means a landfill permitted to accept a nonhazardous solid waste or combination of wastes exclusive of municipal solid wastes.

ITEM 2. Further amend 567--100.2(455B,455D), definitions of "sanitary disposal project" and "sanitary landfill," as follows:

"Sanitary disposal project" is defined in Iowa Code section 455B.301. means all facilities and appurtenances including all real and personal property connected with suchfacilities which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the executive director.

"Sanitary landfill" means a method of disposing of solid waste on land by utilizing the principles of engineering to confine the solid waste to the smallest practical volume and to cover it with a layer of earth so that no nuisance or hazard to the public health is created. a sanitary disposal project where solid waste is buried between layers of earth. A sanitary landfill may be either a municipal solid waste landfill or a nonmunicipal solid waste landfill.

ITEM 3. Amend 567--100.3(17A,455B), catchwords, as follows:

567--100.3(17A,455B) Forms Application forms and rules of practice.

ITEM 4. Amend subrule 100.3(1), paragraph "b," as follows:

b. Application for the following permits or renewals shall be made in triplicate on the forms indicated:

(1) A sanitary disposal project permit pursuant to Iowa Code section 455B.305--Form 43.542-3199 50.542-1542.

(2) A temporary permit pursuant to Iowa Code subsection 455B.307(1)--Form 44.542-1012.

(3)(2) A renewal of a sanitary disposal project permit pursuant to 567--subrule 102.2(1)--Form 45.542-3208.

ITEM 5. Amend 567--102.2(455B), introductory paragraph, as follows:

567--102.2(455B) Types of permits. There are four types of sanitary disposal project permits issued by the director. These are described in this rule.

ITEM 6. Rescind subrules 102.2(1) to 102.2(4) and insert in lieu thereof the following new subrules:

102.2(1) Municipal solid waste landfill permits. These permits are issued to landfills that will receive residential solid and various other solid wastes commonly collected from inhabited communities.

102.2(2) Nonmunicipal solid waste landfill permits. These permits are issued to landfills that will receive a distinct waste or combination of wastes resulting from commercial or industrial activity.

102.2(3) Solid waste processing permits. These permits are issued to facilities that store, process, handle or dispose of solid wastes by means other than landfilling, including but not limited to combing, baling, incinerating, separating, recycling, and transfer stations.

102.2(4) Closure permits. These permits are mandatory for landfills at the close of their active-use period. They prescribe the surveillance and maintenance functions required for the postclosure period.

ITEM 7. Rescind and reserve rule 567--102.3(455B).

ITEM 8. Amend 567--102.7(455B) as follows:

567--102.7(455B) Amendments. Sanitary disposal project permits, temporary permits, and developmental permits may be modified by the issuance of an amendment by the department, except as provided in 102.6(1).

ITEM 9. Amend 567--102.12(455B), catchwords, as follows:

567--102.12(455B) Primary plan Application requirements for all sanitary disposal projects other than sanitary landfills.

ITEM 10. Rescind subrules 102.12(1) through 102.12(11) and insert in lieu thereof the following new subrules:

102.12(1) A completed application Form 50.542-1542.

102.12(2) A contingency plan detailing specific procedures to be followed in case of equipment breakdown, maintenance downtime, or fire in equipment or vehicles, including methods to be used to remove or dispose of accumulated waste.

102.12(3) Proof of the applicant's ownership of the site or legal entitlement to use the site for the disposal of solid waste for the term of the permit for which application is made.

102.12(4) Closure plan. A closure plan shall be submitted which:

a. Details how and when the facility will be closed in accordance with applicable requirements.

b. States the name, address and telephone number of the person or office to serve as a contact with regard to the facility during the postclosure period.

102.12(5) Such other information as may be required by the director.

ITEM 11. Rescind and reserve 567--102.14(455B).

ITEM 12. Rescind 567--Chapter 103 and insert in lieu thereof the following new chapter:

567--103.2(455B) Municipal solid waste landfills (MSWLFs).

103.2(1) New permit application requirements.

a. Completed application Form 50.542-1542.

b. Approved comprehensive waste management plan.

c. Copy of local siting approval required by Iowa Code section 455B.305A.

d. Proof of legal entitlement to use the site.

e. Hydrogeologic investigation report and a hydrologic monitoring system plan. Detailed requirements for these submissions are found in 567--Chapter 110.

f. Site development and operational plan.

g. Leachate control plan.

h. Gas control plan.

i. Closure and postclosure plan.

j. Financial assurance documentation.

k. Map and aerial photograph of sufficient scale to show all homes, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads and other relevant features affecting the design or operation of the landfill.

l. Plot plan with contours of the entire area in appropriate scale showing current drainage patterns, existing drain tiles, boring locations, bench marks, existing wells and any other relevant features influencing the design or operation of the facility.

m. Detailed engineering documents showing all site alterations including, but not limited to, buildings, fences, litter control structures, roads, wells, water and sewer lines, leachate control and disposal, waste fill locations and cross sections.

n. All new landfills and expansions that require a new permit or a permit amendment shall also include:

(1) A comprehensive listing of plant and animal species. In preparing the listing, the permit applicant shall contact the department's parks, recreation and preserves division with a request to search its records to determine the presence of, or habitat for, any threatened or endangered species or communities and any prairies, forests or wetlands. In the event that the department's files do not contain records of rare species or communities but their presence is suspected, the permit applicant may be required to conduct an approved site survey.

(2) A determination of the presence of and assessment of the impact on any archaeological, historical, or architecturally significant properties on the proposed site. To assess the impact, the permit applicant must consult with the historic preservation bureau of the Iowa State Historical Society.

103.2(2) Renewal permit application requirements.

a. Completed application Form 50.542-1542.

b. A copy of the current approval of the comprehensive waste management plan update.

c. An update of the documents and information required in 103.2(1).

d. A certification by a professional engineer licensed to practice in the state of Iowa that the landfill is being operated in accordance with the approved plan documents and applicable rules.

103.2(3) Closure permit application requirements.

a. Completed application Form 50.542-1542.

b. An updated hydrogeologic monitoring plan for the 30-year postclosure period.

c. An updated leachate control plan.

d. An updated gas control plan.

e. A plot plan showing the postclosure contours, drainage patterns and permanent features including leachate-handling facilities, roads and structures.

f. Documentation of closure/postclosure financial assurance.

103.2(4) Siting requirements.

a. The base of the landfill must be a minimum of 5 feet above the known high-water table unless a greater separation is required to ensure that there will be no adverse effect on ground or surface waters, or a lesser separation is unlikely to have an adverse effect on ground and surface waters.

b. The landfill may not be located on a flood plain or shoreline without a formal determination by the department's water resources section that the location will comply with the requirements of Title V of these rules and, where necessary, the approval of the U.S. Corps of Engineers must be obtained.

c. The landfill must be a minimum of 1,000 feet from any existing well being used for human or livestock water consumption. Greater separation distance may be required if the hydrologic conditions in the area justify such separation.

d. The landfill property line must be a minimum of 1 mile from any public water supply well in existence at the time of the first application for a landfill permit.

e. All wastes must be deposited a minimum of 50 feet from any adjacent property unless there is a written agreement between the parties on file with the county recorder that allows a lesser distance and a copy of the agreement is furnished to the department at the time of application.

f. All wastes must be deposited a minimum of 500 feet from a habitable residence in existence at the time of application for the initial landfill permit unless there is a written agreement between the parties on file with the county recorder that allows a lesser distance and a copy is furnished to the department at the time of application.

g. When a new landfill or lateral expansion is located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft, the plan must contain a notice that the facility's official files will include the following demonstration: The site is designed and will be operated so that it does not pose a bird hazard to aircraft. For any new site or lateral expansion within a 5-mile radius of any airport runway end used for turbojet or piston-type aircraft, the plan must show that the Federal Aviation Administration has been notified. For existing landfills located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any runway end used only by piston-type aircraft, the owner or operator must prepare the demonstration required above in this paragraph and notify the director that it has been placed in the facility's official files.

h. When a new landfill or lateral expansion is located within 200 feet of a fault that has had displacement in Holocene time, the plan must contain a notice that the facility's official files will include the following demonstration: An alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the site and will be protective of human health and the environment.

i. When a new landfill or lateral expansion is located in seismic impact zones, the plan must contain a notice that the facility's official files will include the following demonstration: that all containment structures, including liners, leach-ate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in the lithified earth material for the site.

j. When a new facility or a lateral expansion is located in an unstable area, the plan must contain a notice that the facility's official files will include the following demonstration: Engineering measures have been incorporated into the site design to ensure that the integrity of the structural components of the site will not be disrupted. The demonstration must consider the on-site or local geologic or geomorphologic features and on-site or local human-made features or events (both surface and subsurface). For existing facilities located in an unstable area, the owner or operator must prepare the above demonstration required in this paragraph and notify the department that it has been placed in the facility's official files.

103.2(5) Design criteria.

a. Liners.

(1) MSWLFs shall have a composite liner system consisting of two components. The upper component must consist of a minimum 30-mil flexible membrane liner (FML) or an FML component consisting of high-density polyethylene (HDPE) at least 60 mil thick. The lower component must consist of at least a 2-foot layer of compacted soil having a coefficient of permeability of 1 _ 10^-7 cm/sec (.00028 ft/day) or less, as measured by laboratory analysis. The FML must be installed in direct and uniform contact with the compacted soil component.

(2) The department may approve an alternate to the liner system specified in 103.2(5)"a" provided that the alternate liner system design includes certification by a professional engineer licensed in Iowa stating that the proposed alternate liner system will ensure that the contaminant concentration values listed in federal regulations under 40 CFR 258, Subpart D, Table 1, will not be exceeded in the uppermost aquifer at the designated monitoring points of compliance as specified by the department. This point of compliance shall be not more than 150 meters from the waste management boundary. This point of compliance is to be utilized for the purpose of certifying the alternate design only. All operational issues related to monitoring systems, compliance determinations, groundwater assessments and remedial measures are governed by the appropriate, relevant rules in 567--Chapter 103 and 567--Chapter 111. The certification shall be on a form furnished by the department which shall include space for identification of the sources of data utilized, formulas, models, tests or other methods utilized to determine contaminant concentrations at the points of compliance and all reference or guidance documents relied upon for the techniques or methods applied. A copy of all data utilized, formulas, models, tests or other methods utilized to determine contaminant concentrations at the points of compliance shall be placed in the facility's official files prior to operation of the landfill.

(3) The side slopes of the landfill liner must be not more than 25 percent.

(4) The landfill liner must be graded toward the leachate collection pipe at a slope not less than 2 percent nor greater than 10 percent.

(5) A drainage layer must be placed immediately above the landfill liner. This drainage layer shall consist of a minimum of 1 foot of drainage media with a coefficient of permeability of 1 _ 10^-3 cm/sec (2.8 ft/day) or greater.

b. Leachate collection, storage, treatment and disposal.

(1) The leachate collection system shall be designed to allow not more than 1 foot of head above the top of the landfill liner. The system must include a method for measuring the leachate head in the landfill at the lowest area(s) of the collection system.

(2) Leachate collection pipe in a landfill with a synthetic (FML) liner must be placed in a depression in the liner system a minimum of 18 inches deep. Additional soil must be added beneath the depression to provide a minimum of 2 feet of soil liner.

(3) Leachate collection pipe in a landfill with an approved alternative soil liner must be placed in a trench a minimum of 18 inches into the liner. Additional soil must be added beneath the trench to provide a minimum of 4 feet of soil liner.

(4) Leachate collection pipe shall be surrounded by a gravel protection and drainage layer and by either a graded filter layer or by a geotextile filter fabric.

(5) The collection pipe must be covered with a filter material to encourage flow and to prevent infiltration of fine-grained materials into the pipe. The collection pipe must be perforated or slotted, of a sufficient diameter to handle the expected flow, but not less than a 4-inch inside diameter, capable of being cleaned throughout the active life of the site and during the postclosure period, chemically resistant to the wastes and the expected leachate and of sufficient strength to support maximum static and dynamic loads imposed by the overlying wastes, cover materials, and equipment used during the construction and operation of the site. Documentation shall be submitted which includes methods of and specifications for cleaning the pipes, specifications for chemical compatibility of the pipes, and calculations and specifications for pipe strength.

(6) The leachate collection system shall be equipped with valves to enable the flow of leachate from the facility to be shut off during periods of maintenance.

(7) Leachate treatment facilities must be designed in conformance with the department's wastewater treatment design standards. All leachate collection systems must be capable of storing at least seven days of collected leachate. All lagoon types of leachate treatment or storage systems must have a liner that meets the requirements for a landfill liner.

(8) Effluent from a leachate collection or treatment system may be disposed of in the following ways:

1. Direct discharge to a watercourse pursuant to a National Pollution Discharge Elimination System (NPDES) permit issued by the department.

2. Discharge to a treatment facility that is owned and operated by another entity pursuant to a treatment agreement between that entity and the landfill. The treatment agreement must be submitted and approved by the department unless the community owning the treatment facility has an approved pretreatment program.

3. Recirculation onto the landfill if authorized by the operating permit. Such recirculation may be authorized only if the application area has a liner and a leachate collection system that comply with the design standards of this chapter.

c. Site design factors.

(1) The site must have all-weather access roads adequate to accommodate all delivery vehicles and operating equipment.

(2) The site must be fenced and gated in a manner that will prevent unauthorized deposition of wastes at the site.

(3) The site must include diversion and drainage structures designed to prevent ponding, infiltration, erosion or slope failure from surface runoff due to a 25-year, 24-hour rainfall event shown in the Illinois State Water Survey's "Rainfall Frequency Atlas of the Midwest," Bulletin #71.

103.2(6) Operating requirements for MSWLFs.

a. An operation and development plan for all new landfills must be prepared and submitted to the department prior to the initiation of operations. The plan must, at a minimum, include the following:

(1) The location and sequence of the area(s) to be filled during the permit period.

(2) A monitoring and sampling program that includes an approximate sampling schedule and a quality assurance program for the collection, transport, analysis and record keeping for each monitoring point.

(3) A contingency plan for dealing with interruptions of normal operations due to equipment failures, weather conditions or any other cause.

b. Each day's waste deposit shall be uniformly spread and compacted in layers not exceeding 2 feet in depth.

(1) Solid waste at the site shall be covered at the close of each day's operation with a compacted layer of soil or approved alternative at least 6 inches in depth.

(2) At least 1 foot of intermediate cover shall be applied to any area of the site which will not be utilized for further disposal of solid waste for more than one week.

(3) At least a 2-foot cover of compacted soil or approved alternative shall be applied to any area of the site which will not be utilized for further disposal of solid waste for more than two months. The cover must be graded to allow surface water runoff.

c. The working area of the landfill shall be staked to ensure that the fill practice conforms to the plans and specifications approved by the department.

d. The landfill must be inspected annually by an engineer licensed to practice in the state of Iowa to determine conformance with the approved plans and specifications. A report identifying the findings of that inspection must be submitted to the department by the permit holder.

e. All MSWLFs shall establish a program at the facility for detection and prevention of the disposal of regulated hazardous waste. The program must consist of random inspections of incoming loads, thorough record keeping of the time, date and finding of each inspection and the follow-up actions taken if any inappropriate wastes are found. The persons conducting such inspections must be trained in the identification of regulated hazardous wastes.

f. Solid waste shall be unloaded at the operating area only when an operator is on duty at that area. Solid waste may be deposited in storage containers at the site under the supervision of an attendant or operator.

g. Access to the site shall be restricted and a gate shall be provided at the entrance to the site and kept locked when an attendant or operator is not on duty.

h. A copy of the permit, engineering plans and reports shall be kept at the site at all times.

i. Solid waste shall not be deposited in such a manner that material or leachate therefrom may cause pollution of ground or surface waters.

j. Provisions shall be made for an all-weather fill area which is accessible for solid waste disposal during all weather conditions under which solid waste is received and disposed of at the site.

k. Provisions shall be made to have cover material available for winter and wet weather operations.

l. The site shall be graded and provided with drainage facilities to prevent flow of surface water onto the fill area and to prevent soil erosion and ponding of water.

m. Areas where disposal is discontinued shall be covered with soil and seeded with suitable vegetation at the earliest possible date.

n. Monitoring wells or appurtenances related to hydrologic monitoring shall be maintained and repaired or replaced as necessary to ensure continuity of all sample sources.

o. The static water level in each monitoring well shall be measured and recorded monthly during the first year of operation and at the time of each sampling event thereafter. Stage and flow rate of any surface waters required to be monitored must be measured and recorded at the time of sample collection.

p. Monitoring requirements.

(1) During the first year of operation of the hydrologic monitoring system, samples must be collected quarterly from each monitoring point. Samples shall be analyzed for the following parameters:

1. Arsenic, dissolved.

2. Barium, dissolved.

3. Cadmium, dissolved.

4. Chromium, total, dissolved.

5. Lead, dissolved.

6. Mercury, dissolved.

7. Magnesium, dissolved.

8. Zinc, dissolved.

9. Copper, dissolved.

10. Benzene.

11. Carbon tetrachloride.

12. 1,2-Dichloroethane.

13. Trichloroethane.

14. 1,1,1-Trichloroethane.

15. 1,1-Dichloroethane.

16. Paradichlorobenzene.

17. Chloride.

18. Specific conductance.

19. pH (field measurement).

20. Ammonia nitrogen.

21. Iron, dissolved.

22. Chemical oxygen demand.

23. Temperature (field measurement).

24. All other parameters specified in the facility's permit.

25. Total organic halogen.

26. Phenols.

27. All additional parameters specified in the facility's permit.

(2) After the first year each monitoring point must be sampled semiannually and analyzed for the following parameters:

1. Chloride.

2. Specific conductance (field measurement).

3. pH (field measurement).

4. Ammonia nitrogen.

5. Iron, dissolved.

6. Chemical oxygen demand.

7. Temperature (field measurement).

8. All other parameters specified in the facility's permit.

(3) After the first year of operation each monitoring point must be sampled quarterly for the following parameters:

1. Total organic halogen.

2. Phenols.

3. Any additional parameters specified in the facilities permit.

(4) All analyses must be performed by a laboratory certified by the state of Iowa. The reported analytical data must show the detection limit for each parameter.

(5) After the first year of monitoring, the mean and standard deviation for each parameter shall be calculated for each up gradient monitoring well and that data must be permanently retained in the facility files.

(6) The mean and standard deviation for each down gradient monitoring point shall be recalculated annually using the data from all subsequent semiannual monitoring available for that point.

(7) If the analytical value for a current sample from any down gradient monitoring point does not fall within two standard deviations for the corresponding up gradient point, the department shall be notified within 30 days. Also, if the analytical value for a current sample from any up gradient monitoring point does not fall within two standard deviations for that monitoring point, the department shall be notified within 30 days. The department may require additional monitoring if an exceedance is reported.

(8) The owner or operator must maintain permanent rec-ords of all sampling events including:

1. The date the samples were collected.

2. The name of the person(s) collecting the samples.

3. The water level at each point sampled.

4. The results of all measurements, analyses and observations.

q. The owner/operator shall submit an annual report in November of each year. The report must be prepared by an engineer licensed to practice in the state of Iowa and, at a minimum, must contain the following:

(1) Graphs showing the concentrations versus time for all monitored parameters at each monitoring well for the period of record. The graph shall show the control limit (two standard deviations) for each parameter.

(2) The amounts and types of wastes accepted under special waste authorizations.

(3) A summary of the construction, operation and closure activities that occurred during the year, such as the areas that were closed and received final cover, new areas opened, inspections and maintenance of monitoring wells, drainage systems and similar activities.

r. Owners and operators of MSWLFs must conduct quarterly monitoring to verify compliance with the following requirements:

(1) The concentration of methane gas generated by the facility does not exceed 25 percent of the lower explosive limit for methane in facility structures (excluding gas control or recovery system components), and

(2) The concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary.

s. If the methane gas levels exceed the limits stated in the previous paragraph, the owner or operator of the MSWLF must:

(1) Immediately take all necessary steps to ensure protection of human health and notify the department.

(2) Submit a report to the department within seven days stating the gas levels detected and a description of the steps taken to protect human health.

(3) Implement a plan for remediation of the methane gas releases within 60 days of detection of the violation. A copy of the plan being implemented shall be submitted to the department.

t. No free liquids or waste containing free liquid shall be accepted for disposal at an MSWLF.

u. If it becomes apparent that leachate is migrating from the disposal area in an amount that is or may potentially impact any waters of the state or surrounding property, the department may require the preparation and submittal of a groundwater assessment. The assessment shall delineate the hydrologic pathways of the migration and must identify the current and potential extent and impact of the migration. This assessment shall be submitted to the department not more than 90 days after being notified that it is required.

v. Following the review and approval of the assessment, the department will notify the owner or operator regarding the need to develop and implement a corrective action plan unless it is apparent that the migration does not pose a threat to the waters of the state or any surrounding property.

w. Open burning is prohibited unless specifically authorized by the department.

x. Litter must be confined to the property on which the landfill is located. Any litter strewn beyond the operating area must be collected and properly disposed of at the end of each day.

y. Scavenging is prohibited. Materials salvage may be conducted by the landfill or its authorized representatives.

103.2(7) Closure/postclosure requirements for MSWLFs.

a. Closure requirements.

(1) The owner or operator of an MSWLF shall notify the department of intent to close at least 180 days prior to the date of closure. The notice shall be accompanied by an updated closure/postclosure plan detailing the 30-year postclosure monitoring program.

(2) Notice of closure shall be posted at least 180 days prior to closure of the facility indicating the date of closure and alternative solid waste management facilities. Notice of closure shall also be published in a newspaper of local circulation at least 180 days prior to closure. The notice shall include the date of closure and alternative solid waste management facilities.

(3) Implementation of the closure/postclosure plan shall be completed within 90 days of the closure of the facility. The owner and an engineer licensed in the state of Iowa shall certify that the closure/postclosure plan has been implemented in compliance with the rules, closure/postclosure plan, and permit.

(4) Upon completion of closure activities, as-built plans shall be submitted to the department showing:

1. Changes from the original design plans,

2. Compaction test results indicating compliance with final cover,

3. The final cover contours,

4. Drainage pathways, and

5. Any facilities related to closure or postclosure maintenance.

(5) A minimum of two permanent benchmarks must be installed at different locations on the landfill property where they cannot be affected by the differential settling of the wastes.

(6) The final cover shall consist of a seal layer of not less than 2 feet of compacted soil with a permeability of 1 _ 10^-7 cm/sec or less as determined by laboratory analysis. The soil shall be placed in lifts not to exceed 8 inches. Field density tests shall be performed to verify that the 1 _ 10^-7 cm/sec permeability has been attained.

(7) The seal layer shall be overlaid with not less than 2 feet of uncomplicated topsoil capable of supporting perennial grasses.

(8) A cover of perennial grasses shall be established on the final cover during the first growing season following closure.

(9) The slope of the final cover shall be not less than 5 percent nor more than 25 percent. The site shall be graded so all surface runoff drains away from fill areas and the drainage pathways shall be designed to prevent erosion.

b. Postclosure requirements.

(1) The owner or operator is responsible for surveillance, monitoring and maintenance of the site for 30 years following closure of the facility.

(2) Implementation of the postclosure plan shall begin within 90 days of closure of the facility.

(3) The department shall be notified within 10 days of any alterations to the site, whether such alterations are deliberate or the result of natural forces.

(4) The vegetative cover must be maintained, including prompt reseeding, if necessary. Erosion must be repaired promptly. Differential settling shall be returned to grade to prevent ponding of surface runoff.

(5) The department may extend the monitoring period beyond the 30-year period if off-site water quality exceeds established limits or if the effectiveness of a remediation program has not been fully documented.

567--103.3(455B) Nonmunicipal solid waste landfills. Following are the minimum requirements for siting, designing, and operating nonmunicipal solid waste landfills based on the assumption that most nonmunicipal solid waste has a very low potential for causing groundwater contamination or other environmental concerns. If the characteristics of the solid waste are such that a contaminated leachate may be generated, additional controls will be required.

103.3(1) Site requirements for nonmunicipal solid waste landfills (NMSWLFs).

a. The site shall not be a wetland or within a 100-year flood plain and cannot have any sinkholes or similar karst features.

b. No waste shall be deposited within 300 feet of an inhabitable residence or a commercial enterprise or within 50 feet of the property boundary.

c. All waste must be a minimum of 5 feet above the maximum known groundwater table.

103.3(2) Application requirements for an NMSWLF.

a. A completed application Form 50.542-1542.

b. A copy of the local siting approval required by Iowa Code section 455B.305A.

c. A copy of the letter from the waste management assistance division approving the comprehensive plan required by 567--101.5(455B).

d. Proof of legal entitlement to use the property as proposed.

e. A topographic map of the site and the adjacent area within 500 feet of the site with contour intervals not exceeding 5 feet that shows the location of existing improvements or alterations such as structures, wells, lakes, roads, drain tiles, or similar items. The highest point of elevation on the site shall also be identified and given.

f. The results of a sufficient number of soil borings to establish the direction of groundwater flow throughout the site and the minimum depth to groundwater on the site.

g. An adequate number, three minimum, of representative groundwater sample results to fully characterize the groundwater quality at the site.

h. Construction drawings and specifications of the improvements and alterations that are to take place on the site such as roads, structures, utilities, drainage ways, gates and fences.

i. A cross-section view of the cell or cells that will be utilized during this permit period showing the placement and cover of the waste that is expected to occur during the permit period being requested.

103.3(3) Design criteria.

a. Nonmunicipal solid waste landfills shall have a soil liner consisting of at least 2 feet of compacted clay. The coefficient of permeability of the liner must be 1 _ 10^-7 cm/sec or less. The method of determining compliance with the coefficient of permeability shall be stated in the specifications. A flexible-membrane liner (FML) or other alternate which meets the requirements for municipal solid waste landfills in subparagraphs 103.2(5)"a"(1) and 103.2(5)"a"(2) is an acceptable alternative. If side slopes exceed 25 percent, a liner is not required on the side slope.

b. Nonmunicipal solid waste landfills must have a leach-ate collection and storage system. The collection pipe shall be placed in a trench excavated to a minimum of 18 inches below the liner surface. The collection pipe must be protected by granular material which must in turn be covered with a filter layer to facilitate liquid flow into the pipe while preventing fine-grained materials from plugging the system. If a municipal solid waste landfill liner system is used, the corresponding leachate collection system in 103.3(455B) must also be used.

c. The leachate collection pipe must be perforated and a minimum of 4 inches in diameter. The pipe must be made of chemically resistant materials and possess sufficient strength to support the maximum static loads to which it will be subjected. The collection system shall be equipped with valves that allow the shut off of flow during periods of maintenance.

d. No discharges of leachate from the landfill property to the waters of the state are allowed unless authorized by a National Pollution Discharge Elimination System (NPDES) permit. All other methods of leachate disposal must be in accordance with the operating permit.

e. The leachate storage system shall provide a minimum of seven days of storage. Any earthen leachate storage facility shall have a liner with a permeability equal to or less than the landfill liner.

f. Surface runoff must be diverted from all active or closed fill areas.

g. The elevation of the final cover for a new landfill or the horizontal expansion of a currently permitted landfill shall not be more than 25 feet above the highest ground elevation that existed within the fill area prior to its utilization for waste disposal, nor shall the elevation of the final cover at any point be more than 50 feet higher than the original elevation at that point.

(1) Where the final cover of a closed area in a currently active landfill exceeds the elevation limit, a reduction in the height of those areas is not required.

(2) The height limitation for the remaining portions of the landfill may be raised to the elevation already attained prior to the effective date of this rule.

h. The site must have all-weather access roads adequate to accommodate all delivery vehicles and operating equipment.

i. The site must be fenced and gated in a manner that will prevent unauthorized deposition of wastes at the site.

j. The site must be secured with a fence and gate(s) to prevent unauthorized entry when unattended.

103.3(4) Operating requirements.

a. A developmental and operational plan shall be prepared and submitted to the appropriate DNR field office prior to starting operations. The plan, at a minimum, shall include:

(1) An identification of the area to be filled during the period for which a permit is being requested.

(2) The method(s) that will be utilized to prevent illicit municipal or putrescible solid wastes from being deposited as a result of mixing with authorized waste brought to the site.

(3) The frequency, extent, and method of spreading and compacting the waste; the optimum layer thickness; and the size and slope of the operating face.

(4) How the facility will be operated with respect to when the operating personnel will be on site and how waste will be allowed at the facility when an operator is not on site.

b. The person responsible for operation of the site must be certified in accordance with operator certification requirements in 567--102.13(455B).

c. Wastes must be covered at least every two weeks with a minimum of 6 inches of soil cover or an alternative cover material approved by the department. The frequency of cover may be increased by the department if the nature of the waste is such that more frequent covering is needed to control litter, dust, vectors and rodents, infiltration or similar-type problems.

d. A minimum of one foot of intermediate soil cover or a department-approved alternative intermediate cover shall be applied to areas which will not be utilized for further waste disposal for 90 days unless a greater cover depth is required because of the nature of the waste.

e. Prior to the placement of any waste in the landfill, a minimum of one up gradient monitoring well must be installed and sampled for the parameters listed in 103.2(6)"p."

f. A minimum of one down gradient monitoring well must be installed within one year following startup operation. Additional monitoring wells will be required when it is apparent that more than one potential pathway of contaminant movement is available. Monitoring wells will normally be placed within 50 feet of the waste boundary unless the department specifically grants a variance.

g. Within one year of installation of a monitoring well, the first of four quarterly samples shall be collected from each well and analyzed for a volatile organic compound scan (EPA Method 8260-60), total organic carbon, and the predominant parameters agreed upon by the department based on the toxicity characteristic leachate procedure test results that are representative of the waste being disposed of. A minimum of one sample from each well shall be collected annually and analyzed for the above parameters. Each time a groundwater sample is collected, the groundwater elevation shall be measured and recorded to the nearest .01 foot. Increased sampling frequency will be required if a sample shows that the groundwater may be impacted by leachate.

h. A report on the groundwater monitoring results shall be submitted to the solid waste section annually.

103.3(5) Closure/postclosure requirements.

a. The final cover shall consist of not less than 1 foot of compacted clay soil overlaid with not less than 2 feet of uncompacted soil capable of sustaining vegetative growth.

b. The final slope of the entire fill area shall be not less than 3 percent nor more than 20 percent.

c. A growth of hardy native grasses must be established on the final cover at the earliest possible date following closure.

d. A minimum of one sample from each well shall be collected annually and analyzed for the above parameters. Each time a groundwater sample is collected, the groundwater elevation shall be measured and recorded to the nearest .01 foot. Increased sampling frequency will be required if a sample shows that the groundwater may be impacted byleachate.

e. A report on the groundwater monitoring results shall be submitted to the solid waste section annually.

f. One hundred eighty days prior to closure the owner/operator must submit a postclosure plan describing the management process and the parties responsible for postclosure activities including the operation and maintenance of the leachate collection and disposal system, monitoring and site maintenance.

g. After closure an annual inspection of the site shall be conducted and any differential settling, surface cracks or holes, erosion channels or other interference with surface drainage must be restored to the original condition.

567--103.4(455B) Requirements for demolition waste disposal sites.

103.4(1) Criteria and eligibility for establishing a demolition waste disposal site.

a. Permitted landfills may establish a site for the disposal of demolition wastes originating within the defined planning area these entities are participating in without obtaining a permit from the department, subject to the requirements of this rule.

b. The site must be operated under the management, direction and supervision of a certified landfill operator.

c. The tonnage fee requirements of Iowa Code section 455B.310 do not apply.

103.4(2) Siting requirements.

a. The volume of any single site shall not exceed 50,000 cubic yards.

b. The site must be fenced and have gate locks that will prevent unauthorized entry when the site is unattended.

c. The site shall not be located in a wetland or within the 100-year flood plain. The site shall not be located in a gravel pit, quarry or any area where the waste would be in contact with groundwater or highly permeable soils.

d. The waste in the fill area cannot be within 1,000 feet of a public or private well and cannot be within 200 feet of the nearest surface water.

e. The fill area cannot be within 50 feet of the property boundary nor within 300 feet of a usable structure.

f. No burning may take place on the site.

g. The slope of the site cannot exceed 9 percent. All drainage must be diverted around the fill area to prevent surface water run on to the fill area surface during its active life or after closure.

h. The bottom of any filled area must be a minimum of 3 feet above the seasonal high-water table.

103.4(3) Waste acceptance and management.

a. Wastes resulting from the demolition of structures, including those destroyed by natural disasters, are the only wastes that can be disposed of at such a site.

b. The structure must be inspected for the presence of asbestos by a person certified to conduct such inspections and to collect samples of asbestos-containing materials (ACM) or presumed asbestos-containing materials (PACM).

c. If the inspection shows that the total waste stream does not contain ACM or PACM, the structure may be disposed of pursuant to these regulations.

d. If ACM is present, the waste stream must be disposed of in accordance with currently applicable National Emission Standards for Hazardous Air Pollutants (NESHAPS) and Iowa occupational safety and health regulations. As an alternative to disposal at an off-site disposal area, ACM may be buried on site, in the basement, provided that:

(1) The wastes are kept thoroughly wet and the workers are adequately protected during the demolition/burial proc-ess.

(2) The local government of jurisdiction grants approval.

e. Salvage of demolition material from ACM-contaminated waste streams is not permitted unless each item is decontaminated in a containment area.

f. Items within a structure must be removed and recycled if practical or taken to a permitted disposal facility. Hazardous materials must be disposed of in accordance with applicable federal hazardous waste regulations.

g. Efforts to salvage and recycle metals and other materials are encouraged. An area on the disposal site should be designated for the separation, recovery and storage of recyclables.

103.4(4) Disposal site operating requirements.

a. The owner/operator of a site must keep records of the weight, type, and source of demolition materials accepted at the facility.

b. The owner/operator must submit an annual report to the department of natural resources by October 1 of each year covering the most recent state fiscal year (July 1 through June 30). At a minimum the report must provide (1) the name of the site owner; (2) location of the facility; (3) tons of waste accepted; and (4) jurisdiction and address of the site of origin of the demolition waste. The tonnage reported must be from scale weights or by applying the formula of 1,250 pounds per cubic yard. One copy of the report shall be provided to the Department of Natural Resources, Waste Management Assistance Division, Henry A. Wallace Bldg., 900 E. Grand Avenue, Des Moines, Iowa 50319, and one copy must be provided to the appropriate field office of the environmental protection division.

c. The site must be secured against unauthorized entry unless a responsible operator is on site. The owner/operator is responsible for removing and disposing of wastes left near the perimeter of the site.

d. Demolition wastes can only be accepted from parties who have received prior approval from the city, county or 28E unit owning and operating the site.

e. The active working face on the site shall be restricted to as small an area as practical.

f. Wastes shall not be exposed for more than 30 calendar days unless additional wastes are currently being placed in the same area. Such interim cover shall consist of not less than 6 inches of topsoil.

103.4(5) Closure/postclosure requirements.

a. When an area is permanently closed it must be covered with a soil cover of at least 2.5 feet. The entire waste-containing area must be graded to ensure that surface water will readily run off.

b. After closure the owner/operator must establish a grass cover over the site and perform any other site modifications needed to prevent erosion of the cap.

c. The owner/operator must conduct an annual inspection of the site after closure and take any necessary actions to prevent drainage problems, repair erosion, eliminate depressions in the cap, reestablish grass cover in all damaged or barren areas in the cover and identify any other potential problems with final closure. This annual inspection and maintenance must be performed for at least five years after closure.

d. The department may, at any time after closure, require investigation, testing, monitoring, or other action if it appears that the site is or may be a threat to the public health and welfare or to the environment.

567--103.5(455B) Requirements for solid waste landfills that will receive only coal combustion residue. Following are the minimum requirements for siting, designing, and operating a solid waste landfill accepting only coal combustion residue. "Coal combustion residue" means any solid waste produced by the burning of coal, either by itself or in conjunction with natural gas or other carbon-based fuels. It includes, but is not limited to, bottom ash, fly ash, slag and flue gas desulfurization sludge generated by coal combustion and associated air pollution control equipment.

103.5(1) Site requirements.

a. The site cannot be a wetland, cannot be within a 100-year flood plain and cannot have any sinkholes or similar karst features.

b. No wastes shall be deposited within 300 feet of an inhabitable residence or a commercial enterprise, or within 50 feet of the property boundary.

c. All waste must be a minimum of 5 feet above the known groundwater table.

103.5(2) Permit application requirements.

a. A completed application Form 50.542-1542.

b. A copy of the letter from the waste management assistance division approving the comprehensive plan required by 567--101.5(455B).

c. Proof of legal entitlement to use the property as proposed.

d. A topographic map of the site and the adjacent area within 300 feet of the site, with contour intervals not exceeding 5 feet, that shows the location of existing improvements or alterations such as structures, wells, lakes, roads, drain tiles or similar items. The highest point of elevation on the site shall also be identified and given.

e. The results of a sufficient number of soil borings to establish the direction of groundwater flow throughout the site and the minimum depth to groundwater on the site.

f. An adequate number, three minimum, of representative groundwater sample results to fully characterize the groundwater quality at the site.

g. Construction drawings and specifications of the improvements and alterations that are to take place on the site such as roads, structures, utilities, drainage ways, gates and fences.

h. A copy of the local siting approval required by Iowa Code section 455B.305A.

103.5(3) Design criteria.

a. The design of a coal combustion residue solid waste landfill shall contain a method for ensuring protection of the groundwater and surface water.

b. The design plan shall include a method of ash transportation that prevents blowing ash and a method for preventing blowing dust and air emissions when unloading the ash.

c. Surface runoff must be diverted from all active or closed areas, both during the active life of the facility and during the postclosure period.

d. The site must be secured with a fence and gate(s) to prevent unauthorized entry when unattended.

e. The elevation of the final cover for a new landfill or the horizontal expansion of a currently permitted landfill shall not be more than 25 feet above the highest ground elevation that existed within the fill area prior to its utilization for waste disposal, nor shall the elevation of the final cover at any point be more than 50 feet higher than the original elevation at that point.

(1) Where the final cover of a closed area in a currently active landfill exceeds the elevation limit, a reduction in the height of those areas is not required.

(2) The height limitation for the remaining portions of the landfill may be raised to the elevation already attained prior to the effective date of this rule.

f. The site must have all-weather access roads adequate to accommodate all delivery vehicles and operating equipment.

g. The site must be fenced and gated in a manner that will prevent unauthorized deposition of wastes at the site.

103.5(4) Operating requirements.

a. An operation plan shall be prepared and submitted to the appropriate department field office prior to initiating operations. The plan, at a minimum, shall include:

(1) An identification of the area to be filled during the period for which a permit is being requested.

(2) The method(s) that will be utilized to prevent illicit municipal or putrescible solid wastes from being deposited as a result of mixing with authorized waste brought to the site.

(3) The frequency, extent and method of spreading and compacting the waste; the optimum layer thickness; and the size and slope of the operating face.

(4) A description of the operating procedures that will be followed when wastes are brought to the site.

b. Wastes may not be deposited in lifts of more than 6 inches. After the waste is deposited the lift shall be wetted sufficiently to form a cemented surface. If this method does not adequately control dust and erosion, the department may require a soil cover.

c. A minimum of 1 foot of intermediate soil cover or a department-approved alternative intermediate cover shall be applied to areas which will not be utilized for further waste disposal for 90 days.

d. A minimum of one down gradient monitoring well must be installed within one year of initiating operations. Additional wells may be required when it is apparent that more than one potential contaminant pathway exists. Monitoring wells will normally be placed within 50 feet of the waste boundary.

e. Annual sampling of all monitoring wells shall commence within one year of initiating operations. Additional sampling may be required if it appears that the groundwater is or may be affected by leachate or surface activities at the landfill.

f. A report of the groundwater monitoring results shall be submitted to the department by the end of the first year's operation and annually thereafter.

103.5(5) Closure/postclosure requirements.

a. One hundred eighty days prior to closure the owner/operator shall submit a postclosure plan to the department. The plan shall list the date of closure, the actions that will be taken to close the site and the parties responsible for postclosure maintenance.

b. The final cover shall consist of not less than 2 feet of compacted soil and 1 foot of uncompacted soil capable of sustaining a growth of common grasses.

c. The slope of the landfill area after final closure shall be not less than 3 percent nor more than 25 percent.

d. A growth of common grasses shall be established on the final cover by the end of the first full growing season.

e. A minimum of one sample from each monitoring well shall be collected annually during the postclosure period and analyzed for the parameters specified in the permit. The results shall be included in the annual report.

f. After closure, an annual inspection of the site shall be conducted. Any differential settling, surface cracks, holes, erosion channels, or any interference with surface drainage shall be corrected by restoration to the original condition. A report on the findings and corrective actions taken shall be included in the annual report.

ITEM 13. Rescind 567--108.1(455B) and insert in lieu thereof the following new rule:

567--108.1(455B) Policy. It is the policy of the department to encourage recycling and beneficial reuse of wastes, residues and by-products that would otherwise have to be disposed of in accordance with solid waste disposal rules. This chapter is intended to identify some of the more common beneficial reuse practices that may be conducted without the approval of this department. It further prescribes some management practices that must be followed to avoid the creation of environmental problems or nuisance conditions and also prescribes the procedure to be followed to obtain a determination from the department regarding the acceptability of a beneficial reuse that is not identified in these rules.

This rule describes some uses of waste products that are allowed without obtaining a permit or formal approval from the department. It does not exempt the user/generator from any other permits, approvals, licenses, registrations or similar requirements of local, state or federal agencies.

ITEM 14. Rescind 567--108.3(455B) and 567-- 108.4(455B) and insert the following new rules in lieu thereof.

567--108.3(455B) User/generator responsibilities. The following are some of the items that any generator or user of a waste should be aware of as they may determine the appropriateness of the beneficial reuse.

108.3(1) Wastes that are stockpiled prior to use must not be placed in a manner or location where they are subject to scattering by wind, water or scavengers.

108.3(2) If the waste materials are removed from the originating site at intervals of more than six months, the department is to be furnished with written documentation specifying the reuse plan, including the anticipated interval times for removal and the location of the storage. Failure to do so could result in the generator being charged with maintaining an open dump.

567--108.4(455B) Generally acceptable beneficial reuses of solid waste materials.

108.4(1) Coal combustion residues (CCR).

a. As a raw material in the manufacture of cement, asphaltic products, shingles, wallboard, plastics and ceramics and similar uses.

b. As an aggregate or admixture in concrete, soil cement, or asphaltic mixtures.

c. As subbase or wear surface for roads, parking lots, and trails. It may be used as subbase for structures, levees and dikes.

d. As a soil conditioner, subject to the limitations contained in 567--Chapter 121. When applied directly to farmland it shall be incorporated within ten days of application.

e. As daily cover and the seal layer of the intermediate and final cover at landfills provided that it is mixed with the soil in a ratio that does not exceed 50 percent, by volume. It may be used as a soil conditioner in the uncompacted surface layer of the intermediate and final cover in amounts that will not inhibit or slow the establishment of permanent vegetative growth.

108.4(2) Used foundry sand. A representative sample of the used foundry sand shall be collected and subjected to the Toxic Characteristic Leachate Procedure (TCLP) specified in the Federal Register at 40 CFR Part 261, Appendix II, and if no value exceeds 50 percent of the leachate classification limit given in 40 CFR 261.24, the used foundry sand is considered acceptable for the following reuses.

a. As daily cover at a sanitary landfill in accordance with the conditions stated in the landfill permit.

b. As fill base for roads, parking lots, dikes and levees, and similar applications.

c. As aggregate in concrete.

d. As bedding material in trenches for underground conduits other than potable water lines.

567--108.5(455B) Procedures for determining the acceptability of a proposed reuse. The amount of ongoing reuse of materials that would otherwise be treated as a solid waste is very large. It is inevitable that the variety of beneficial reuses will increase with time. It is not uncommon for generators/users to be concerned that the reuse being contemplated could be considered unacceptable after a considerable effort and expense have been invested. This rule attempts to provide guidelines to be followed in obtaining the department's opinion regarding acceptability prior to initiation of the reuse. The department encourages recycling and reuse and is likely to reject a proposal only when the public health or the environment would be at risk.

108.5(1) A telephone call or personal contact with the department may be made to identify the proposed reuse. It is possible that the project being considered has been or is being conducted elsewhere in the state and the department can confirm that there is no concern with or objection to the proposed reuse.

108.5(2) A written submission may be submitted to the department providing the following details, as appropriate:

a. The name and address of the responsible waste generator and user.

b. The source and location(s) of the waste generation and the location(s) of the beneficial use, including a map of the area of proposed use.

c. A full description of the waste constituents.

d. A full description of the proposed reuse.

e. If the proposed use could potentially result in the release of organic materials or chemical constituents to the environment, the department will likely require an analysis or a TCLP test for the compounds or elements suspected of being present, or both, before indicating acceptance of the proposed reuse.

567--108.6(455B) Potential problematic reuses. The following information items are provided to illustrate some of the more common objections to reuse proposals.

108.6(1) Depositions in a gully, ravine, wash, excavation or basement. Some persons have assumed that such depositions represent land reclamation and are, therefore, a beneficial reuse. Generally, such practices provide little reclamation benefit and are little more than an excuse for open dumping.

108.6(2) Placement or temporary storage at an unsecured site where the presence of wastes would be likely to attract illegal dumping. Wastes which are difficult or expensive to dispose of, such as hazardous wastes, are likely to find their way to such a site and the responsible party is difficult to determine.

108.6(3) The use or storage of a waste where its presence is likely to be aesthetically objectionable, an attractive nuisance, or a harborage for insects and rodents.

108.6(4) The use or storage of the waste could result in wind or water carriage to neighboring properties or bodies of water.

ITEM 15. Amend 567--110.7(455B), introductory paragraph, as follows:

567--110.7(455B) Monitoring system plan. A hydrologic monitoring system shall be designed to intercept the groundwater and surface water flow paths from the site. The plan shall include proposed locations and depths for monitoring wells in accordance with monitoring well siting criteria in subrule 567--110.1(2) rule 567--110.10(455B). Monitoring wells shall be designed in accordance with subrule 567--110.1(3) rule 110.11(455B).

ITEM 16. Amend subrule 110.11(1), paragraph "a," as follows:

a. Contractors involved in construction of monitoring wells and piezometers and soil boring activities shall be registered with the department as required in 567--Chapter 37 82.

ITEM 17. Amend 567--110.12(455B), introductory paragraph, as follows:

567--110.12(455B) Sealing abandoned wells and boreholes. Boreholes, piezometers and observation wells not used for groundwater monitoring must be sealed in accordance with applicable 567--Chapter 39 requirements and the procedures defined under 567--Chapter 110. Document in writing the well or borehole legal property location, site owner and abandonment information utilizing departmental Form 542-1226. Include the location of the abandoned well or borehole with reference to the landfill's coordinate system and method of sealing. The document must be retained at the landfill with a copy copies sent to the department department's water supply and solid waste sections.

ARC 7754A

Pursuant to the authority of Iowa Code sections 18.4 and 18.11, the Department of General Services hereby gives Notice of Intended Action to rescind Chapter 4, "Parking," Iowa Administrative Code, and adopt a new chapter with the same title.

This chapter implements guidelines to provide citizens with the most convenient access to Iowa state offices in the Capitol Complex and to provide state employees the benefit of a parking space within a reasonable distance of their offices.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on February 3, 1998. Interested persons may submit written comments or suggestions to the Director's Office, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319; fax (515)242-5974.

A public hearing to receive comments about the proposed amendments will be held on February 6, 1998, at 8 a.m. at the above address in the Director's Conference Room.

The following amendment is proposed.

Rescind 401--Chapter 4 and adopt the following new chapter:

"Capitol complex" for the purposes of this chapter means an area within the city of Des Moines within which the Iowa state capitol building is located. This area includes all real estate owned by the state of Iowa adjacent to or within 2000 feet of the capitol building.

"Capitol police" means a peace officer of the capitol police division of the Iowa department of public safety.

"Controlled lots" means parking lots assigned by the department of general services and controlled by any of the following: parking gates, vehicle decals, signs, symbols, or markings.

"Director" means the director of the department of general services of the state of Iowa or the director's designee.

"Employee" means any person employed by the state of Iowa and regularly assigned to work in the capitol complex, including legislators, judges, temporary workers and persons who are service contractors or private contractors with the state and their employees who regularly work within the capitol complex.

"Habitual violator" means any owner of a vehicle that accumulates six or more separate and distinct citations in any given six-month period regardless of whether payment is made in a timely manner.

"Operator" means any person who is in actual physical control of a vehicle.

"Overflow lot" means a lot designated by the department of general services as an overflow lot.

"Overtime parking" means parking in a space or lot longer than the posted time limit.

"Owner" means a person who is named on the legal title of a vehicle as the owner or, in the case of vehicles without title certificates, the person who is lawfully seized of the vehicle.

"Parking coordinator" means an employee, designated within each department, with the assigned duties of disseminating information and requesting parking decals and access cards from the department of general services for employee parking lot assignment and building access.

"Peace officer" means a person defined as a peace officer in Iowa Code chapter 80.

"Persons with disabilities" means persons having a disability that limits or impairs the person's ability to walk. A person shall be considered a person with a disability for purposes of this chapter under the following circumstances:

1. The person cannot walk 200 feet without stopping to rest.

2. The person cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device.

3. The person is restricted by lung disease to such an extent that the person's forced expiratory volume for one second, when measured by spitometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest.

4. The person uses portable oxygen.

5. The person has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association.

6. The person is severely limited in the person's ability to walk due to an arthritic, neurological, or orthopedic condition.

"Persons with disabilities parking permit" means a permit bearing the international symbol of accessibility issued by the department which allows the holder to park in a persons with disabilities parking space, and includes the following:

1. A persons with disabilities registration plate issued to or for a person with a disability under Iowa Code section 321.34, subsection 7.

2. A persons with disabilities parking sticker affixed to a registration plate issued to a disabled veteran under section 321.166, subsection 6, or to an operator under section 321.34.

3. A persons with disabilities removable windshield placard which is a two-sided placard for hanging from the rearview mirror when the motor vehicle is parked in a persons with disabilities parking space.

"Persons with disabilities parking sign" means a sign which bears the international symbol of accessibility that meets the requirements under section 321L.6.

"Persons with disabilities parking space" means a parking space, including the access aisle, designated for use only by motor vehicles displaying a persons with disabilities parking permit that meets the requirements of sections 321L.5 and 321L.6.

"Ride sharing" means a group of not less than four state employees who arrive and depart from work in one vehicle.

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. Vehicle does not include any device moved by human power.

"Visitor" means a person who is not included in the definition of employee.

401--4.2(18) Parking space assignments.

4.2(1) Each parking space in the capitol complex will be assigned, on an individual or lot basis, by the director.

4.2(2) The assignment of spaces will be indicated and designated by traffic control devices including but not limited to signs, instructions, lines or symbols painted on curbs or on parking surfaces, or by curbs, barricades, blocks, and lights. A raised parking control gate or missing parking control gate does not constitute open parking.

4.2(3) Spaces or lots will be assigned to four classes of drivers: handicapped visitors, visitors, employees and handicapped employees.

401--4.3(18) Parking for persons with disabilities.

4.3(1) Spaces designated for visitors with disabilities shall be used only by visitors with disabilities, or by persons transporting visitors with disabilities. Such visitors are required to display a persons with disabilities windshield placard from the rearview mirror so as to be in view when looking through the windshield from outside the vehicle, or have a persons with disabilities registration plate on the vehicle.

4.3(2) A visitor with disabilities or a person transporting a visitor with disabilities may use a space or lot assigned to visitors with disabilities or a space or lot assigned to visitors if the visitors with disabilities spaces near the building to be entered are occupied.

4.3(3) Spaces designated for employees with disabilities shall be used only by employees with disabilities, or persons who are transporting employees with disabilities, who display upon their vehicle a persons with disabilities identification device or have a persons with disabilities registration plate on the vehicle.

401--4.4 Reserved.

401--4.5(18) Deliveries. Most buildings in the capitol complex have delivery entrances for vehicle use, and delivery vehicles shall use these entrances. Each of the restrictions and regulations contained in these rules, all traffic control devices and state laws shall apply to delivery vehicles. The director may, upon application showing information the director deems advisable, issue a sign, symbol or device to permit delivery vehicles to park in spaces or areas designated on such sign, symbol or device for such temporary periods as the director may determine.

401--4.6(18) Employee parking.

4.6(1) The director will issue each employee a permit, state parking decal or device to use a space or to enter a controlled parking lot. The decals will be coded and shall only be used in the assigned space or lot. Vehicles with such decals shall not park in spaces reserved for visitors.

4.6(2) All employees who park any vehicle(s), except a bicycle, in the capitol complex shall register the vehicle(s) and obtain a parking decal(s) and space or lot assignment within five days after commencing to park said vehicle in capitol complex. No employee is exempt from this registration for any reason.

4.6(3) Employees who fail to obtain a parking decal and space or lot assignment shall not park in the capitol complex.

4.6(4) A parked vehicle may display no more than one state capitol complex parking decal on the same vehicle.

4.6(5) All parking decals must be permanently affixed to the lower windshield on the driver's side within 48 hours of issuance. On a motorcycle, such decal shall be placed upon the back side (nonreflecting) of the rearview mirror. The use of tape or adhesive other than that found on the decal to affix said decal is prohibited.

4.6(6) A lost decal may be replaced upon application to the parking coordinator.

4.6(7) Decals which become damaged or unidentifiable or which are on a vehicle which is being assigned to a different parking lot requiring a new decal, must be replaced upon application to the parking coordinator. If cards used for operating automatic parking gates are lost or damaged to the extent that they are no longer operational, they may be replaced upon paying the fee prescribed by the director. Vehicles which are being released for the purchase of a new vehicle must have the parking decal removed.

401--4.7(18) Temporary parking. If an employee is unable to park in an assigned parking space or lot, the employee must attempt to locate alternative parking in an overflow lot or on the street. An individual who is a visitor on the capitol complex, who drives a vehicle with a decal assigned to a specific lot, may park in a visitors space provided the capitol police are immediately telephoned at (515)281-5608 and given the registration (license plate) number of the vehicle and where it is parked. All time limitations must be observed; no exceptions.

401--4.8(18) Prohibited parking.

4.8(1) Vehicles shall not be parked in a manner that violates any of these rules or state law.

4.8(2) Vehicles shall not be parked in a manner that causes:

a. Two spaces to be occupied.

b. A street, parking lot lane or traffic lane to be blocked within a capitol complex parking lot.

c. A building entrance to be blocked or obstructed.

d. Access to fire hydrants or emergency equipment or vehicles to be blocked or obstructed.

e. Another vehicle to be blocked in.

f. Pedestrian walkways or sidewalks to be obstructed or blocked.

g. The view of an intersection, crosswalk, traffic control sign or signal to be blocked or obstructed within a capitol complex parking lot.

h. An area which is prohibited to vehicle parking to be occupied.

i. Overtime parking.

4.8(3) Vehicles shall not be parked in a space designated for use by visitors with disabilities or employees with disabilities unless the driver is a person with disabilities or is transporting a person with disabilities visitor.

4.8(4) Vehicles shall not be parked in a space or lot unless that space or lot is designated for use by or assigned to the driver. However, spaces or lots that are not otherwise designated (by sign or symbol that indicates a restricted or continuous reserved status such as legislator, emergency vehicle or persons with disabilities) may be used between 6 p.m. and 6 a.m. and during weekends and state government holidays.

4.8(5) Vehicles shall not be parked on curbs, upon grass or in any area not intended for vehicle parking.

4.8(6) Delivery vehicles shall be not parked in a manner or for a period of time that does not comply with the restrictions established for those vehicles by the director or with a traffic control device.

4.8(7) Vehicles for which there remain unpaid parking tickets for a period exceeding 30 calendar days shall not be allowed to park in the capitol complex.

4.8(8) If any vehicle is found stopped, standing or parked in any manner violative of the provisions of these rules and the identity of the operator cannot be determined, the owner, or operator or corporation in whose name said vehicle is registered shall be held responsible for said violation.

401--4.9(18) Waiver. As the purpose of these rules is to facilitate the system of parking, encourage compliance and reduce conflict, any rule contained herein, unless otherwise provided by law, may be suspended or waived by the director to aid law enforcement, to prevent undue hardship in any particular instance or to prevent surprise, unnecessary conflict or injustice. All suspensions and waivers shall be in writing. The director will change space and lot designations, temporarily or permanently, as appropriate to maintain an integrated parking system. Space and lot designation changes may occur during legislative sessions and during periods of construction and special events; changes shall be made in writing.

401--4.10(18) Enforcement.

4.10(1) The capitol police will be primarily responsible for the enforcement of these rules.

4.10(2) The capitol police may in their discretion enforce these rules by:

a. Issuing oral or written orders or directions to an owner or operator.

b. Removing or causing to be removed a vehicle in accordance with subrule 4.10(7). A vehicle may be removed for nonpayment of all parking fines whether or not the vehicle is illegally parked at that time.

c. Commencing the procedure established by the director to impose a fine.

d. Arresting the owner or operator if a public offense is being committed.

e. Issuing a citation (summons to appear in court) if a public offense is being committed.

4.10(3) The director may rescind the privilege to park in the capitol complex for any vehicle for which parking tickets remain unpaid for a period exceeding 30 calendar days.

4.10(4) The director may rescind the privilege to park in the capitol complex for any vehicle that is a habitual violator.

4.10(5) Capitol police have the right to remove from the capitol complex the vehicle of a habitual violator.

4.10(6) If capitol police determine that a vehicle is to be removed, the capitol police shall have the vehicle removed by the use of state equipment or by a private contractor.

4.10(7) The director may contract with an individual or firm to provide services for removing (towing) vehicles found in violation of these rules or state law and to store such vehicles until claimed by the owner or disposed of as abandoned vehicles.

4.10(8) Capitol police, upon impounding a vehicle, shall give notice in person, by telephone or by ordinary mail to the owner of the vehicle. The notice shall state the specific violation claimed or other reason for which it was impounded, its location and the fee for the removal, storage and notice. The towing contractor shall release the vehicle to the owner upon notification by the department of general services that the owner or operator has paid all outstanding citations and the service fee has been paid to the towing contractor. The amount of this fee will be determined by the contract executed by the director and an individual or firm.

4.10(9) If an owner or operator returns to the vehicle prior to its removal, but after the towing contractor has been summoned, the capitol police may require that the vehicle not be taken from the capitol complex until the service vehicle arrives. Upon the service vehicle's arrival, the vehicle may be allowed to leave after the operator pays the service vehicle operator the cost of the service call and after the department of general services notifies the capitol police that all outstanding citations have been paid. The contractor shall issue a receipt for such payment to the owner or operator and the capitol police.

4.10(10) If the owner or operator wishes to contest the fees paid because of the removal or attempted removal of the vehicle, the owner or operator shall immediately notify the office of the director. Upon such notification, the owner or operator will be provided with written instructions that describe the procedure the director will use to conduct a hearing to consider the owner's or operator's evidence and arguments. Upon such notification, the fees paid by the owner or operator shall be considered a bond that will be held to ensure the appearance of the owner or operator at such hearing. The director or other person chosen by the director to act as the hearing officer may determine after the hearing that such bond will be returned, in whole or in part, to the owner or operator or may continue to be retained as fees. If the bond, or part thereof, is returned to the owner, the state shall pay said moneys and the towing contractor will be required to return a part or all of said moneys to the state and the state will reimburse both the owner or operator and towing contractor.

4.10(11) Operators entering a parking lot in a manner not consistent with usual parking lot access procedures shall be subject to a parking citation and possible charge for damages. Access to parking lots inconsistent with usual access procedures includes, but is not limited to: tailgating a car into a parking lot; opening a gate for other persons with operator's card; driving over the curb or around the gate; or lifting a parking gate by hand.

401--4.11(18) Fines. A fine of $5 is hereby established for the violation of any of these rules, except persons with disabilities parking. Improper use of a persons with disabilities parking space is subject to a $100 fine pursuant to Iowa Code section 321L.4(2). A violator may be notified of a violation by being served with a parking violation ticket which:

1. May be served personally to the operator or placed upon the vehicle parked in violation of a rule.

2. Advises the operator of the rule violated.

3. Instructs the operator that the operator is required to pay $5 for each violation charged to the department of general services within ten days by submitting the ticket or the ticket number and payment in cash, check or money order, preferably a check payable to the Department of General Services, Customer Service Center, Hoover Building, Level A, Des Moines, Iowa 50319.

4. Warns the operator that after 30 days the director may rescind the parking privilege of any vehicle or owner or operator having unpaid parking tickets. When the parking privilege is rescinded, the vehicle will not be allowed to park in any employee, visitor or overflow lot in the capitol complex until all fines are paid. The director may authorize capitol police to tow any vehicle found to be parked in the capitol complex for which parking privileges have been rescinded.

5. Warns the violator that failure to pay the fine may result in the director's proceeding against the violator in an Iowa district court.

6. Advises the operator how to obtain a hearing on the charges.

401--4.12(18) Ride sharing. In order to provide incentives for ride sharing, the director may designate specific parking spaces for assignment to carpools. Only those carpools which have four or more people, including the driver, will be given preferred parking space. Each carpool will be issued an identification device which must be hung from the rearview mirror of the vehicle. Only the access card of one member of the carpool will be programmed to provide access to the assigned lot and access to parking lots will be denied all other members of the carpool. The names of those who wish to apply for preferred carpool parking will be maintained by the director; in exceptional circumstances, the director may authorize preferred carpool parking for carpools with fewer than four members.

These rules are intended to implement Iowa Code sections 18.4 and 18.11.

ARC 7755A

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, "Conditions of Eligibility," appearing in the Iowa Administrative Code.

This amendment exempts from Medicaid income and resource consideration settlement payments made by the fund established pursuant to the class action case of Susan Walker v. Bayer Corporation, et al. 96-C-5024 (N.D. Ill.) and payments that were entered into in lieu of the class action settlement. This amendment requires that the funds received in the settlement or other payments be kept in a separate account that is identifiable as proceeds from the settlement to be exempt from consideration. Payments made pursuant to a release of all claims in a case that is entered into in lieu of the class settlement must be signed by all affected parties in the cases on or before the later of December 31, 1997, or the date that is 270 days after the date on which the release is first sent to the persons (or the legal representatives of the persons) to whom payment is to be made to be exempt.

A class action lawsuit was filed against four companies that processed and distributed plasma factor, used in the treatment of hemophilia. The settlement was approved between the four companies and a class of more than 6,000 persons with hemophilia who used the factor concentrates between 1978 and 1985 and who became infected with the HIV virus. The settlement is not an admission that the virus was contracted through the use of the plasma factor. Under the agreement each HIV-infected person in the class, or the person's heirs, will receive a payment of $100,000 from the companies.

Congress has approved legislation that exempts the settlement payment from being counted as income or resources to the class member if that person applies for or receives Medicaid.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before February 4, 1998.

This amendment is intended to implement Iowa Code section 249A.4.

The following amendment is proposed.

Amend 441--Chapter 75 by adding the following new rule:

441--75.27(249A) AIDS/HIV settlement payments. The following payments are exempt as income and resources when determining eligibility for or the amount of Medicaid benefits under any coverage group if the payments are kept in a separate, identifiable account:

75.27(1) Class settlement payments. Payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corporation, et al., 96-C-5024 (N. D. Ill.) are exempt.

75.27(2) Other settlement payments. Payments made pursuant to a release of all claims in a case that is entered into in lieu of the class settlement referred to in subrule 75.27(1) and that is signed by all affected parties in the cases on or before the later of December 31, 1997, or the date that is 270 days after the date on which the release is first sent to the person (or the legal representative of the person) to whom payment is to be made are exempt.

ARC 7756A

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 79, "Other Policies Relating to Providers of Medical and Remedial Care," appearing in the Iowa Administrative Code.

These changes strengthen the requirements for Medicaid provider documentation of services. The amendment defines minimum documentation required to support the medical necessity of a service and, therefore, its reimbursement. The basis of the changes is the American Medical Association's Principles of Documentation modified to fit other providers.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before February 4, 1998.

This amendment is intended to implement Iowa Code section 249A.4.

The following amendment is proposed.

Rescind rule 441--79.3(249A) and insert the following new rule in lieu thereof:

441--79.3(249A) Maintenance of fiscal and clinical rec-ords by providers of service. The fiscal and clinical records shall be maintained for a minimum of five years from when a charge was made to the program. After five years the fiscal and clinical records may be destroyed.

79.3(1) Fiscal records. Providers of service shall maintain fiscal records in support of services for which a charge is made to the program and shall make the records available to the department or its duly authorized representative on request. The fiscal records shall support each item of service for which a charge is made to the program. The fiscal record does not constitute a clinical record.

79.3(2) Clinical records. Providers of service shall maintain complete and legible clinical records for which a charge is made to the program documenting that the services are medically necessary, the services are consistent with the diagnosis of the patient's condition, and the services are consistent with professionally recognized standards of care. Providers shall make the records available to the department or its duly authorized representative on request. The documentation for each patient encounter shall include the following when appropriate:

a. Complaint and symptoms; history; examination findings; diagnostic test results; assessment, clinical impression or diagnosis; plan for care; date; and identity of the observer.

b. Specific procedures or treatments performed.

c. Medications or other supplies.

d. Patient's progress, response to and changes in treatment, and revision of diagnosis.

e. Information necessary to support each item of service reported on the Medicaid claim form.

79.3(3) Failure to maintain supporting fiscal and clinical records may result in claim denials or recoupment.

79.3(4) Medicaid providers contracted under 441--Chapter 152 are not subject to subrules 79.3(1), 79.3(2), and 79.3(3).

This rule is intended to implement Iowa Code section 249A.4.

ARC 7757A

Pursuant to the authority of Iowa Code Supplement subsection 239B.4(3), the Department of Human Services proposes to amend Chapter 93, "PROMISE JOBS Program," appearing in the Iowa Administrative Code.

This amendment revises the review process for a Limited Benefit Plan chosen after signing a Family Investment Agreement to allow flexibility.

Family Investment Program participants must participate in PROMISE JOBS. With their PROMISE JOBS worker, participants must develop and sign a Family Investment Agreement (FIA) which is the family plan for achieving self-sufficiency. Participants who abandon the FIA, i.e., who stop carrying out the steps of their self-sufficiency plan, have chosen by that action the Limited Benefit Plan (LBP). A PROMISE JOBS participant may not reconsider participation under an LBP chosen after signing the FIA. Therefore, a request from PROMISE JOBS staff to impose an LBP is subject to review before a Notice of Decision can be issued establishing the beginning date of the LBP.

Under current policy the review must be completed by the administrator of the Division of Economic Assistance or the administrator's designee.

This amendment will allow a Limited Benefit Plan chosen after signing a Family Investment Agreement to be reviewed according to a procedure developed or approved by the administrator of the Department's Division of Economic Assistance or the administrator's designee.

The review of each request to impose the LBP for participants who choose the LBP after signing the FIA is used to ensure that FIP participants are not mistakenly or lightly placed in an LBP which has no reconsideration option. PROMISE JOBS staff in the PROMISE JOBS Service Delivery Regions (SDR) believe that there may be other ways to accomplish a review of a request to impose the LBP which may be equally effective in protecting participant rights and more effective in carrying out the objectives of thePROMISE JOBS program. They have asked for this rule change to allow opportunity for change in current procedures.

The proposed amendment will allow flexibility for the Department of Human Services to work in partnership with Iowa Workforce Development and PROMISE JOBS SDR staff to develop alternative procedures for review of the LBP requests. The proposed amendment will give the PROMISE JOBS partners the opportunity to keep current procedures, consider statewide procedures other than those in use today, or consider local procedures developed to fit SDR circumstances.

The proposed amendment keeps the requirement for a review of LBPs requested for participants who do not carry out the steps of the FIA. It continues to fulfill the expectation that FIP participants will not be mistakenly or lightly placed in an LBP with no reconsideration option. It allows opportunities for development of a review process which may be designed to be an improvement over current procedures. However, there may be some advocates who believe the current procedure should remain in place as a guarantee of due process.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before February 4, 1998.

Oral presentations may be made by persons appearing at the following meetings. Written comments will also be accepted at these times.

Cedar Rapids - February 6, 1998 Cedar Rapids Regional Office Iowa Building - Suite 600 Sixth Floor Conference Room 411 Third St. S. E. Cedar Rapids, Iowa 52401	10 a.m.
Council Bluffs - February 4, 1998 Lower Level Council Bluffs Regional Office 417 E. Kanesville Boulevard Council Bluffs, Iowa 51501	9 a.m.
Davenport - February 5, 1998 Davenport Area Office Bicentennial Building - Fifth Floor Conference Room 3428 Western Davenport, Iowa 52801	10 a.m.
Des Moines - February 5, 1998 Des Moines Regional Office City View Plaza Conference Room 104 1200 University Des Moines, Iowa 50314	1 p.m.
Mason City - February 5, 1998 Mason City Area Office Mohawk Square, Liberty Room 22 North Georgia Avenue Mason City, Iowa 50401	10 a.m.
Ottumwa - February 4, 1998 Ottumwa Area Office Conference Room 2 120 East Main Ottumwa, Iowa 52501	10 a.m.
Sioux City - February 5, 1998 Sioux City Regional Office Fifth Floor 520 Nebraska St. Sioux City, Iowa 51101	1 p.m.
Waterloo - February 4, 1998 Waterloo Regional Office Pinecrest Office Building Conference Room 420 1407 Independence Avenue Waterloo, Iowa 50703	10 a.m.

Any persons who intend to attend a public hearing and have special requirements such as hearing or vision impairments should contact the Bureau of Policy Analysis at (515)281-8440 and advise of special needs.

This amendment is intended to implement Iowa Code Supplement section 239B.9.

The following amendment is proposed.

Amend subrule 93.138(3), paragraph "a," by rescinding subparagraph (3) and inserting the following new subparagraph in lieu thereof:

(3) If the above steps do not lead to fulfillment of the FIA, the request to impose an LBP for the case shall be reviewed under procedures developed or approved by the division of economic assistance administrator or the administrator'sdesignee.

ARC 7758A

Pursuant to the authority of Iowa Code section 237.3, the Department of Human Services proposes to amend Chapter 113, "Licensing and Regulation of Foster Family Homes," appearing in the Iowa Administrative Code.

This amendment provides for an emergency placement process in foster homes that are over licensed capacity and clarifies when regional variances to licensing capacity may be granted.

Under current policy a regional administrator may grant a variance to licensing capacity to keep a sibling group together and to allow the placement of up to three foster children when foster parents who have three or more biological and adoptive children have shown the ability to parent a large number of children. Additional exceptions to licensing capacity may be granted by the Director of the Department.

Current policy is revised to clarify that before a variance can be granted, at least one sibling of the child or children needing placement must currently be residing in the foster home or could be placed there within the licensed capacity of the foster home. Policy is also revised to clarify that relative placements are considered as well as biological and adoptive children when determining if a variance to the licensing capacity is needed.

A new process is added which allows the regional administrator to grant a variance if an emergency placement must be made in a foster family home that causes the home to exceed its licensed capacity. These emergency placements shall be made according to a preapproved regional plan as outlined below and are limited to a maximum of 30 days.

Prior to the start of each fiscal year, each region shall submit to central office for approval a plan for an emergency which necessitates the placement of a child in a foster family home that would exceed the licensing capacity. The regional plan shall define emergencies, identify a specific pool of preapproved homes, and provide for placement of up to three additional foster children above the numbers allowed by variances in the chart.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before February 4, 1998.

This amendment is intended to implement Iowa Code sections 237.3 and 237.5.

The following amendment is proposed.

Amend subrule 113.4(1) as follows:

113.4(1) Number of children. A foster family home shall be licensed for the care of only up to five children including the foster family's biological and adoptive children and any relative placements. Any exceptions variance to this rule must:

a. Be documented in the case record with reasons given for granting the exception, and approved by the regional administrator or designee.

b. Be approved by the district administrator, and documented in the licensing record with reasons given for granting the variance.

c. Meet one of the following criteria:

(1) An exception A variance is necessary to keep a sibling group together. No variance shall be granted if the foster home is at licensed capacity and there are no members of the sibling group in the foster home.

(2) When the foster parents have three or more biological and adoptive children and relative placements in the home and the parents have shown the ability to parent a large number of children, an exception a regional variance may be made approved to allow the placement of up to three foster children. as set forth in the chart below:

No. of birth/ relative/adoptive placements	Maximum License Capacity:
	Without regional variance	With regional variance
0 children	5	Not applicable
1 child	4	Not applicable
2 children	3	Not applicable
3 children	2	3
4 children	1	3
5 or more children	0	3

(3) An emergency placement must be made in a foster family home that causes the home to exceed its licensed capacity. These emergency placements shall be made according to a preapproved regional plan as outlined below and are limited to a maximum of 30 days.

Prior to the start of each fiscal year, each region shall submit to central office for approval a plan for an emergency which necessitates the placement of a child in a foster family home that would exceed the licensing capacity. The regional plan shall define emergencies and identify a specific pool of preapproved homes which shall provide for placement of up to three additional foster children above the number that is allowed by the variances in the chart in subparagraph (2).

d. All other licensing requirements including, but not limited to, parenting ability and available bedroom space must be met before a foster home can be approved for a variance.

ARC 7775A

Pursuant to the authority of Iowa Code section 136C.3, the Iowa Department of Public Health hereby gives Notice of Intended Action to amend Chapter 38, "General Provisions," Chapter 39, "Registration of Radiation Machine Facilities, Licensure of Radioactive Materials and Transportation of Radioactive Materials," Chapter 40, "Standards for Protection Against Radiation," Chapter 41, "Safety Requirements for the Use of Radiation Machines and Certain Uses of Radioactive Materials," Chapter 42, "Operating Procedures and Standards for Use of Radiation Emitting Equipment," and Chapter 45, "Radiation Safety Requirements for Industrial Radiographic Operations," Iowa Administrative Code.

These rules are being revised to incorporate changes in references for clarification and to incorporate changes made at the federal level which establish national radiation protection standards.

Any interested persons may make written suggestions or comments on the proposed amendments by 4:30 p.m. on February 3, 1998. Such written material should be directed to Donald A. Flater, Chief, Bureau of Radiological Health, Lucas State Office Building, Des Moines, Iowa 50319; fax (515)242-6284.

A public hearing will be held on February 3, 1998, at 9 a.m. in the Third Floor Conference Room, Side 2, Lucas State Office Building, Des Moines, Iowa, at which time persons may present their views orally or in writing. At the hearing, persons will be asked to state their names, addresses and whom they represent. Presenters will also be asked to confine their remarks to the subject of the amendments.

The proposed amendments are intended to implement Iowa Code chapters 136B and 136C.

The following amendments are proposed.

ITEM 1. Amend 641--38.1(136C) as follows:

641--38.1(136C) Purpose and scope.

38.1(1) Except as otherwise specifically provided, these rules apply to all persons who receive, possess, use, transfer, own, or acquire any source of radiation; provided, however, that nothing in these rules shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission. Attention is directed to the fact that regulation by the state of source material, by-product material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the provisions of the agreement between the state and the U.S. Nuclear Regulatory Commission and to 10 CFR Part 150 of the Commission's regulations. All references to Code of Federal Regulations (CFRs) in this chapter are those in effect as of October 1, 1996.

38.1(2) All references to Code of Federal Regulations (CFRs) in this chapter are those in effect as of July 1, 1998.

38.1(3) The provisions of Chapter 38 are in addition to, and not in substitution for, any other applicable portions of Chapters 39 to 45.

ITEM 2. Amend 641--38.2(136C), by amending the introductory paragraph and by amending, adding or rescinding the following definitions:

641--38.2(136C) Definitions. As used in these rules, these terms have the definitions set forth below and are adopted by reference and included herein for 641--Chapters 39 to 46 45.

"Activity" means the rate of disintegration or transformation or decay of radioactive material. The units of activity are the curie (Ci) and the becquerel (bq) (Bq) and the curie (ci).

"Air kerma (K)" means the kinetic energy released in air by ionizing radiation. Kerma is determined as the quotient of dE by dM, where dE is the sum of the initial kinetic energies of all the charged ionizing particles liberated by uncharged ionizing particles in air of mass dM. The SI unit of air kerma is joule per kilogram and the special name for the unit of kerma is the gray (Gy).

"Assembler" means any person engaged in the business of assembling, replacing, or installing one or more components into an X-ray system or subsystem. The term includes the owner of an X-ray system or the employee or agent who assembles components into an X-ray system that is subsequently used to provide professional or commercial services.

"Beam monitoring system" means a system designed to detect and measure the radiation present in the useful beam.

"Cabinet radiography" means industrial radiography conducted in an enclosure or cabinet shielded so that radiation levels at every location on the exterior meet the limitations specified in 641--40.26(136C).

"Changeable filters" means any filter, exclusive of inherent filtration, which can be removed from the useful beam through any electronic, mechanical, or physical process.

"Chelating agent" means amine polycarboxylic acids, hydroxycarboxylic acids, gluconic acid, and polycarboxylic acids.

"Diagnostic X-ray imaging system" means an assemblage of components for the generation, emission and reception of X-rays and the transformation, storage and visual display of the resultant X-ray image which are designed and used for irradiation of any part of the human body for the purpose of diagnosis or visualization.

"Explosive material" means any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.

"Facility" means the location, building, vehicle, or complex under one administrative control, at which radioactive material is stored or used or at which one or more radiation machines are installed, located or used.

"Industrial radiography" means a nondestructive testing method using ionizing radiation, such as gamma rays or X-rays, to make radiographic images.

"Instrument traceability" means, for ionizing radiation measurements, the ability to show that an instrument has been calibrated at specified time intervals using a national standard or a transfer standard. If a transfer standard is used, the calibration must be from a laboratory accredited by a program which required continuing participation in measurement quality assurance with the National Institute of Standards and Technology or other equivalent national or international program.

"Ionizing radiation." See "Radiation."

"Irradiation" means the exposure of matter to ionizing radiation.

"Licensed practitioner" means a person licensed or otherwise authorized by law to practice medicine, osteopathy, chiropractic, podiatry, dentistry, or dental hygiene, or certification as a physician assistant as defined in Iowa Code section 148C.1, subsection 6, and is authorized to prescribe X-ray tests for the purpose of diagnosis or treatment.

"Natural radioactivity" means the radioactivity of naturally occurring nuclides.

"Particle accelerator" means any machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 MeV. See "Accelerator."

"Patient" means an individual or animal subjected to healing arts examination, diagnosis or treatment.

"Peak tube potential" means the maximum value of the potential difference across the X-ray tube during an exposure.

"Phantom" means a volume of material behaving in a manner similar to tissue with respect to the attenuation and scattering of radiation. This requires that both the atomic number (Z) and the density of the material be similar to that of tissue.

"Primary dose monitoring system" means a system which will monitor the useful beam during irradiation and which will terminate irradiation when a preselected number of dose monitor units have been acquired.

"Pyrophoric material" means any liquid that ignites spontaneously in dry or moist air at or below 130deg. F (54.4deg. C) or solid, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and, when ignited, burns so vigorously and persistently as to create a serious transportation, handling, or disposal hazard. Included are spontaneously combustible and water-reactive materials.

"Qualified expert" means an individual having the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs. For example, individuals certified in the appropriate field by the American Board of Radiology, the American Board of Medical Physics, or the American Board of Health Physics, or those having equivalent qualifications. With reference to the calibration of radiation therapy equipment, an individual having, in addition to the above qualifications, training and experience in the clinical applications of radiation physics to radiation therapy, for example, individuals certified in Therapeutic Radiological Physics or X-Ray and Radium Physics by the American Board of Radiology, or those having equivalent qualifications.

"Radiation safety officer" means one an individual who has the knowledge and responsibility to apply appropriate radiation protection regulations and has been assigned such responsibility by the licensee or registrant.

"Registrant" means any person who is registered with the agency and or is legally obligated to register with the agency pursuant to these rules and the Act.

"Scattered radiation" means ionizing radiation emitted by interaction of ionizing radiation with matter, the interaction being accompanied by a change in direction of the radiation. Scattered primary radiation means that scattered radiation which has been deviated in direction only by materials irradiated by the useful beam.

"Source" means the focal spot of the X-ray tube.

"Source traceability" means the ability to show that a radioactive source has been calibrated either by the national standards laboratory of the National Institute of Standards and Technology or by a laboratory which participates in continuing measurement quality assurance programs with National Institute of Standards and Technology or other equivalent national or international program.

"Special nuclear material in quantities not sufficient to form a critical mass" means uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all of the kinds of special nuclear material in combination shall not exceed 1. For example, the following quantities in combination would not exceed the limitation and are within the formula:

175 (grams containedU-235)	+	50 (grams U-233)	+	50 (grams Pu)	=	1
350		200		200
175 (grams contained U-235)	+	50 (grams U-233)	+	50 (grams Pu)	=	1
350		200		200

"Teletherapy" means therapeutic irradiation in which the source of radiation is at a distance from the body.

"These rules" means 641--Chapters 38 to 46 45.

"Traceable to a national standard." See "Instrument traceability" or "Source traceability."

"Tube" means an X-ray tube unless otherwise specified. See "X-ray tube."

"Unrestricted area" means an area that is not a restricted area. (See "Restricted area.") to which access is neither limited nor controlled by the licensee or registrant. For purposes of these rules, "uncontrolled area" is an equivalent term.

"Wedge filter" means an added filter effecting continuous progressive attenuation on all or part of the useful beam.

"X-ray tube" means any electron tube which is designed to be used primarily for the production of X-rays.

ITEM 3. Amend 38.4(4) as follows:

38.4(4) Units of exposure and dose.

a. As used in these rules, the unit of Exposure is the coulomb per kilogram (C/kg) of air. One roentgen is equal to 2.58E-4 coulomb per kilogram of air.

b. As used in these rules, the units of dose are:

Gray (Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of 1 joule per kilogram (100 rad). Rad is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule per kilogram (0.01 Gy). Rem is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by the quality factor (1 rem = 0.01 Sv).

Sievert is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor (1 Sv = 100 rem).

c a. As used in these rules, the quality factors for converting absorbed dose to dose equivalent are shown in Table I.

ITEM 5. Amend 641--38.6(136C) to read as follows:

641--38.6(136C) Prohibited uses. A hand-held fluoroscopic screen shall not be used with X-ray equipment unless it has been listed in the Registry of Sealed Source and Devices or accepted for certification by the U.S. Food and Drug Administration, Center for Devices and Radiological Health. A shoe-fitting fluoroscopic device shall not be used.

ITEM 6. Amend 641--38.7(136C) to read as follows:

641--38.7(136C) Communications.

38.7(1) All communications and reports concerning these rules, and applications filed thereunder, should be addressed to the agency at its office located at the Iowa Department of Public Health, Bureau of Radiological Health, Lucas State Office Building, Des Moines, Iowa 50319.

38.7(2) Drafts of proposed regulations released to the department from the federal government which constitute essential information needed by the department to ensure compliance with federal regulations are not available for public examination. Therefore, pursuant to Iowa Code section 22.9, the department waives the provision of Iowa Code section 22.2 as it applies to these proposed draft regulations.

ITEM 7. Amend 38.8(1) as follows:

38.8(1) Radiation machines.

a. Each registrant shall, at the time of registration and each year the anniversary date thereafter, as long as the registrant owns the radiation machine, remit to the agency a fee sufficient to defray the cost of registering the equipment with the department. All fees shall be paid annually in the form of a check or money order made payable to the Iowa Department of Public Health. The fees to be paid shall be in the amount computed by the following schedule:

ANNUAL FEE SCHEDULE
Type of X-ray machine		Fee per tube	Maximum fee
1.	Medical	$51	$1500
2.	Osteopathy	$51	$1500
3.	Chiropractic	$51	$1500
4.	Dentistry	$39	$1000
5.	Podiatry	$39	$1000
6.	Veterinary Medicine	$25	--
7.	Radiography (Industrial /Nonmedical Use)	$50	--
8.	Analytical	$50	--
8 9.	Sterilization	$80	--
9 10.	Other Accelerators	$100	--
10 11.	Electron Microscope	$20	--

Fees for radiation machines not listed in the above schedule shall not be less than $50 per unit/tube.

b. No change.

c. Each person who is engaged in the business of installing or offering to furnish radiation machines or is engaged in the business of furnishing or offering to furnish radiation machine servicing or service in the state shall apply for registration of such service with the agency prior to furnishing or offering to furnish any such service. Application shall be on a form provided by the department and include an annual nonrefundable fee of $100. The fee shall accompany the application form in the form of a check or money order made payable to the Iowa Department of Public Health.

ITEM 8. Amend 38.8(2) as follows:

38.8(2) Radioactive material licensing, inspection and registration fee.

a. Licensing.

(1) Fees associated with licensing of the possession and use of radioactive materials in Iowa are identical to those specified in 10 CFR 170.31 entitled "Schedule of Fees for Materials Licenses and Other Regulatory Services."

(2) All required fees for new radioactive materials licenses, amendments to licenses, or renewal of licenses, shall accompany the application for the requested action and be made payable to the Iowa Department of Public Health.

b. Inspections.

(1) After completion of an inspection, an inspection fee shall be assessed to a facility based on the fees for inspection found in 10 CFR 170.32 entitled "Schedule of Fees for Health and Safety, and Safeguards Inspections for Materials Licenses."

(2) All required fees for inspections conducted by the agency shall be paid within 30 days after receipt of the agency notification following the inspection and shall be made payable to the Iowa Department of Public Health.

c. Registration. Each person having generally licensed radioactive materials shall annually register with the department and pay a nonrefundable annual fee of $150. The registration must be on the appropriate agency form and the fee must be in the form of a check or money order made payable to the Iowa Department of Public Health.

ITEM 9. Amend 38.8(3) as follows:

38.8(3) Industrial radiography testing and certification.

a. A nonrefundable fee of $100 shall be submitted with each application for taking an industrial radiography examination to become certified by the agency. The fee shall be made payable to the Iowa Department of Public Health.

b. A fee of $25 shall be made payable to the Iowa Department of Public Health to cover the cost of replacing be submitted in order to replace lost identification cards issued to industrial radiographers by the agency pursuant to 641--subrule 45.11(3).

ITEM 10. Amend 38.8(5) as follows:

38.8(5) Environmental surveillance fee. A fee may be levied against any licensee for environmental surveillance activities which are necessary to access the radiological impact of activities conducted by the registrant or licensee. This fee shall be sufficient to defray actual costs incurred by the agency, including, but not limited to, salaries of agency employees, per diem, travel, and costs of laboratory analysis of samples, when required. This fee shall also be sufficient to cover the costs of leak test analysis of wipes taken by agency employees during surveillance activities.

ITEM 11. Amend 38.8(6) as follows:

38.8(6) Certification fees. Diagnostic radiographers, radiation therapists, and nuclear medicine technologists, other than licensed practitioners of the healing arts, are required to pay fees sufficient to defray the cost of administering 641--Chapter 42. Fees are as follows:

a. Annual fee. Each individual must submit a $45 initial fee for the first year and $35 annually in the form of a money order or check made payable to the Iowa Department of Public Health.

b. Examination fee.

(1) Each individual making application to take an examination given by the agency as a general diagnostic radiographer under 641--42.1(4)"b"(3), general nuclear medicine technologist, or general radiation therapist as defined in Chapter 42 must pay a nonrefundable fee of $25 each time the individual takes the examination required by 641--Chapter 42.

(2) Each individual making application to take an examination given by the agency as a limited diagnostic radiographer under 641--42.1(4)"b"(1) or 42.1(4)"b"(2), limited nuclear medicine technologist, or limited radiation therapist as defined in Chapter 42 must pay a nonrefundable fee of $35 each time the individual takes the examination required by 641--Chapter 42.

c. Recertification fees. Once certification has been terminated for failure to complete continuing education requirements, any individual who requests permission to reestablish certification within six months of the initial continuing education due date must meet the training and testing requirements of 641--Chapter 42, submit proof of continuing education hours and shall submit a late fee of $30 in addition to the annual fee in order to obtain reinstatement of certification.

ITEM 12. Amend 38.8(7) as follows:

38.8(7) Returned check and late fees. Persons who fail to pay required fees to the agency are subject to the following penalties:

a. and b. No change.

c. Late fees for 641--Chapter 42 continuing education requirements.

(1) For any individual who completes the required continuing education before the continuing education due date but fails to submit the required proof within 30 days after the continuing education due date, the certification shall be terminated and the renewal fee will not be refunded.

(2) For any individual who fails to complete the required continuing education before the continuing education due date but submits a written plan of correction to obtain the required hours, that person shall be allowed no more than 60 days after the original continuing education due date to complete the plan of correction and submit the documentation of completion of continuing education requirements. After 60 days, the certification shall be terminated and the individual shall not function as a diagnostic radiographer, radiation therapist, or nuclear medicine technologist in Iowa.

(3) Once certification has been terminated, any individual who requests permission to reestablish certification within six months of the initial continuing education due date must submit proof of continuing education hours and shall submit a late fee of $30 in addition to the annual fee in order to obtain reinstatement of certification.

ITEM 13. Amend 38.8(8), introductory paragraph and paragraph "b," as follows:

38.8(8) Reciprocity. Fees paid for reciprocal recognition of out-of-state persons wishing to utilize radiation machines or radioactive materials in Iowa shall allow the out-of-state person to operate for a total of 180 days during the one-year 365-day reciprocity period starting the date the fee is received by the agency.

b. Radioactive materials. Out-of-state persons wishing to bring sources of radioactive material into Iowa for business purposes may be subject to a reciprocity fee depending on the type of activity to be performed and the type of radioactive materials license possessed (refer to 641--subrule 39.4(90)). If a reciprocity fee is applicable, it shall be assessed at the rate for reciprocity specified in 10 CFR 170.31 38.8(2) for each 365-day reciprocity period. In addition, if the agency performs an inspection of the out-of-state person's activities while in Iowa, the appropriate inspection fee as specified in 10 CFR 170.31 38.8(2) will be assessed.

ITEM 14. Amend 38.8(9) as follows:

38.8(9) Radon certification. Any person wishing to become certified as a radon measurement specialist or radon measurement laboratory, is required to pay fees sufficient to defray the cost of administering this chapter. Fees, which must be submitted in the form of a check or money order made payable to the Iowa Department of Public Health, are as follows:

a. No change.

b. Examination fee. Each person taking the EPA radon proficiency examination shall pay a fee of $125. The fee must be in the form of a check or money order made payable to the Iowa Department of Public Health and must be submitted prior to testing.

c. to e. No change.

ITEM 15. Amend 38.8(10) as follows:

38.8(10) Radon mitigation credentialing. Any person wishing to become credentialed as a radon mitigation specialist shall be required to pay fees sufficient to defray the cost of administering 641--Chapter 44. Fees, which must be submitted in the form of a check or money order made payable to the Iowa Department of Public Health, are as follows:

a. and b. No change.

c. Examination fee. Each person taking the EPA radon proficiency examination, if it is administered by the Iowa department of public health, shall pay a fee of $125. The fee must be in the form of a check or money order made payable to the Iowa Department of Public Health and must be submitted prior to testing.

ITEM 16. Amend 39.1(3) as follows:

39.1(3) All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of October 1, 1996 July 1, 1998.

ITEM 17. Adopt new 39.1(4) as follows:

39.1(4) In addition to the requirements of this chapter, all registrants are subject to the requirements of 641--Chapters 38 and 40. Furthermore, registrants engaged in healing arts are subject to the requirements of 641--Chapters 41 and 42; registrants engaged in industrial/nonmedical radiographic operations are subject to the requirements of 641--Chapter 45.

ITEM 18. Amend 641--39.2(136C) as follows:

641--39.2(136C) Definitions. For the purpose of this chapter, the definitions in 641--Chapter 38 may also apply to this chapter.

39.2(1) For the purpose of this chapter, the definitions in 641--Chapter 39 may also apply to Chapters 38 and 40 to 46.

39.2(2) As used in this chapter, "facility" means the location at which one or more devices or sources are installed and located within one building, vehicle, or under one roof and are under the same administrative control.

ITEM 19. Amend 39.3(1)"a" as follows:

a. Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this chapter, provided that the dose equivalent rate averaged over an area of 10 square centimeters does not exceed 0.5 millirem (5 mSv) (5 uSv) per hour at 5 centimeters from any accessible surface of such equipment. The production, testing, or factory servicing of such equipment shall not be exempt.

ITEM 20. Amend 39.3(2)"a" as follows:

a. Apply for registration of such facility with the agency prior to the operation of a radiation machine facility. In order to register equipment, the person must have a permanent office located in Iowa that has a telephone, employee and equipment, and storage for records regarding the equipment and operator certification. Application for registration shall be completed on forms furnished by the agency and shall include the following: appropriate fee from 641--38.8(136C).

(1) Name, address, and telephone number of:

1. The facility;

2. The owner of the facility;

3. The individual responsible for the use of the facility; and

4. The individual designated under 39.3(2)"b."

(2) The manufacturer, model number, and type of each radiation machine located within the facility.

(3) If the facility is mobile, the geographic areas within the state to be covered by the operations of the facility.

(4) The signature of the individual designated under 39.3(2)"b."

(5) Name of the radiation machine supplier, installer and service agent.

(6) The date of application and signature of the individual responsible for the use of the facility.

ITEM 21. Amend 39.3(3)"b" as follows:

b. Application for registration shall be completed on forms furnished by the agency and shall contain all information required by the agency as indicated on the forms and accompanying instructions and include the fee required in 641--paragraph 38.8(1)"c."

ITEM 22. Amend 39.3(10)"c"(3) as follows:

(3) Not operate within the state on a temporary basis in excess of 180 calendar days in a one-year 365-day reciprocity period. The one-year 365-day reciprocity period starts on the day the agency receives the appropriate fee, as specified in 641--subrule 38.8(8), and ends exactly 365 days later. It is the registrant's responsibility to ensure the 180-day limit is not exceeded during the one-year 365-day reciprocity period and to ensure that the reciprocal recognition is renewed 30 days prior to the expiration of the one-year 365-day reciprocity period.

ITEM 23. Rescind 39.3(11).

ITEM 24. Amend 39.4(1) as follows:

39.4(1) In addition to the requirements of this chapter, all licensees are subject to the requirements of 641--Chapters 38, 40 and 41. Furthermore, licensees engaged in industrial/nonmedical radiographic operations are subject to the requirements of 641--Chapter 45; licensees using radionuclides in the healing arts are subject to the requirements of 641--41.2(136C), 42.2(136C) and 42.3(136C) and 641-- Chapter 42; and licensees engaged in land disposal of radioactive material are subject to the requirements of 641-- Chapter 40; and licensees engaged in wireline and subsurface tracer studies are subject to the requirements of 641-- 41.5(136C).

ITEM 25. Amend 39.4(3)"a" by adding new (3) as follows:

(3) An exemption is granted to persons who receive, possess, use, process, transfer, distribute, and dispose of materials containing or contaminated at concentrations less than 20 picocuries per gram of radium.

ITEM 26. Amend 39.4(3)"c"(1)"9" as follows:

9. Ionizing radiation measuring instruments or detection devices containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that:

* Each source contains no more than one exempt quantity set forth in Appendix B of this chapter;

* Each instrument device contains no more than ten exempt quantities. For purposes of this requirement, an instrument's source(s) may contain either one or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in Appendix B of this chapter, provided that the sum fractions shall not exceed unity; or

* For americium-241, 0.05 microcurie (1.85 kBq) is considered an exempt quantity under 39.4(3)"c"(1)"9."

ITEM 27. Amend 39.4(20) by adding new paragraphs "c" and "d" as follows:

c. The applicant must have a permanent office located in Iowa that has a telephone, employee and equipment, and storage for records regarding the equipment and operator certification.

d. All licensees and registrants must submit the appropriate fee in 641--subrule 38.8(2).

ITEM 28. Amend 39.4(24)"a" as follows:

a. Applications for specific licenses shall be filed in duplicate on a form prescribed by the agency and include the fee required in 641--subrule 38.8(2).

ITEM 29. Amend 39.4(25)"d" as follows:

d. The applicant satisfies any applicable special requirements in 39.4(26), 39.4(27), 39.4(28), 641--41.2(136C), 641--41.5(136C) or 641--Chapter 45.

ITEM 30. Amend 39.4(34)"a" as follows:

a. Applications for renewal of specific licenses shall be filed in accordance with 39.4(24) and include the fees required in 641--subrule 38.8(2).

ITEM 31. Amend 39.4(35) as follows:

39.4(35) Amendment of licenses at request of licensee. Applications for amendment of a license shall be filed in accordance with 39.4(24), include the fees required in 641-- subrule 38.8(2), and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment.

ITEM 32. Amend Chapter 39, Appendix D, title as follows:

40.1(5) All references to Code of Federal Regulations (CFR) in this chapter are those in effect on or before October 1, 1996 July 1, 1998.

ITEM 34. Adopt new 40.1(6) as follows:

40.1(6) The provisions of Chapter 40 are in addition to, and not in substitution for, any other applicable portions of Chapters 38 to 45.

ITEM 35. Amend 40.2(1) as follows:

40.2(1) For the purposes of this chapter, the definitions of 641--Chapters Chapter 38, 39, and 41 to 46 may also apply.

ITEM 36. Amend 40.19(3)"b" as follows:

b. Accept, as the record of lifetime cumulative radiation dose, an up-to-date IDPH Form 588-2833 or equivalent signed by the individual and countersigned by an appropriate official of the most recent employer for work involving radiation exposure, or the individual's current employer, if the individual is not employed by the licensee or registrant; and

ITEM 37. Amend 40.19(4) as follows:

40.19(4) a. The licensee or registrant shall record the exposure history, as required by 40.37(136C), on IDPH Form 588-2833 or other clear and legible record, of all the information required on that form. The form or record shall show each period in which the individual received occupational exposure to radiation or radioactive material and shall be signed by the individual who received the exposure. For each period for which the licensee or registrant obtains reports, the licensee or registrant shall use the dose shown in the report in preparing IDPH Form 588-2833 or equivalent. For any period in which the licensee or registrant does not obtain a report, the licensee or registrant shall place a notation on IDPH Form 588-2833 or equivalent indicating the periods of time for which data are not available.

b. Licensees or registrants are not required to reevaluate the separate external dose equivalents and internal committed dose equivalents or intakes of radionuclides assessed pursuant to the rules in this chapter in effect on or before January 1, 1994. Further, occupational exposure histories obtained and recorded on IDPH Form 588-2833 or equivalent on or before January 1, 1994, would not have included effective dose equivalent, but may be used in the absence of specific information on the intake of radionuclides by the individual.

ITEM 38. Amend 40.19(6) as follows:

40.19(6) The licensee or registrant shall retain the records on IDPH Form 588-2833 or equivalent until the agency terminates each pertinent license or registration requiring this record. The licensee or registrant shall retain records used in preparing IDPH Form 588-2833 or equivalent for three years after the record is made.

ITEM 39. Amend 40.26(1), introductory paragraph, as follows:

40.26(1) Each licensee or registrant shall conduct operations so that:

ITEM 40. Amend 40.32(2)"f" as follows:

f. Sealed sources, except those used in teletherapy and brachytherapy and those containing radium sources, which are stored, not being used and identified as in storage. The licensee shall, however, test each such sealed source for leakage or contamination and receive the tests results before any use or transfer unless it has been tested for leakage or contamination within six months before the date of use or transfer.

ITEM 41. Amend 40.36(2) as follows:

40.36(2) The licensee or registrant shall ensure that instruments and equipment used for quantitative radiation measurements, for example, dose rate and effluent monitoring, are calibrated at intervals not to exceed 12 months for the radiation measured except when a more frequent interval is specified in another applicable part of these rules or a license condition.

ITEM 42. Adopt new 40.37(1)"d" as follows:

d. Individuals working with medical fluoroscopic equipment.

ITEM 43. Adopt new 40.37(3) as follows:

40.37(3) Location of individual monitoring devices. Each licensee or registrant shall ensure that individuals who are required to monitor occupational doses in accordance with 40.37(136C) wear individual monitoring devices as follows:

a. An individual monitoring device used for monitoring the dose to the whole body shall be worn at the unshielded portion of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck (collar);

b. An individual monitoring device used for monitoring the dose to an embryo/fetus of a declared pregnant woman shall be located at the waist under any protective apron being worn by the woman;

c. An individual monitoring device used for monitoring the eye dose equivalent, to demonstrate compliance with 40.15(136C) shall be located at the neck (collar), outside any protective apron being worn by the monitored individual, or at an unshielded location closer to the eye;

d. An individual monitoring device used for monitoring the dose to the extremities, to demonstrate compliance with 40.15(136C), shall be worn on the extremity likely to receive the highest exposure. Each individual monitoring device shall be oriented to measure the highest dose to the extremity being monitored.

ITEM 44. Amend 40.42(7) as follows:

40.42(7) The licensee or registrant is not required to control entrance or access to rooms or other areas containing sources of radiation capable of producing a high radiation area as described in 641--Chapter 41 40.42(136C) if the registrant has met all the specific requirements for access and control specified in other applicable chapters such as 641--Chapter 45 for industrial radiography, 641--Chapter 41 for X-rays in the healing arts, and 641--Chapter 41 for particle accelerators.

ITEM 45. Amend 40.43(1) as follows:

40.43(1) In addition to the requirements in 40.18(136C) 40.42(136C), the licensee or registrant shall institute measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at 500 rad (5 Gy) or more in 1 hour at 1 meter from a source of radiation or any surface through which the radiation penetrates. This requirement does not apply to rooms or areas in which diagnostic X-ray systems are the only source of radiation, or to non-self-shielded irradiators.

ITEM 46. Amend 40.48(136C) as follows:

641--40.48(136C) Use of process or other engineering controls. The licensee shall use, to the extent practicable practical, process or other engineering controls, such as containment or ventilation, to control the concentrations of radioactive material in air.

ITEM 47. Amend 40.49(136C), introductory paragraph, as follows:

641--40.49(136C) Use of other controls. When it is not practicable practical to apply process or other engineering controls to control the concentrations of radioactive material in air to values below those that define an airborne radioactivity area, the licensee shall, consistent with maintaining the total effective dose equivalent ALARA, increase monitoring and limit intakes by one or more of the following means:

ITEM 48. Amend 40.50(1)"c"(5) as follows:

(5) Determination by a physician prior to initial fitting of respirators, and at least either every 12 months thereafter, or periodically at a frequency determined by a physician, that the individual user is physically able medically fit to use the respiratory protection equipment.

ITEM 49. Amend 40.50(2)"a" as follows:

a. The licensee selects respiratory protection equipment that provides a protection factor, specified in Appendix A, greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in Appendix B, Table I, Column 3. However, if the selection of respiratory protection equipment with a protection factor greater than the peak concentration multiple defined in the preceding sentence is inconsistent with the goal specified in 40.49(136C) of keeping the total effective dose equivalent ALARA, the licensee or registrant may select respiratory protection equipment with a lower protection factor provided that such a selection would result in a total effective dose equivalent that isALARA. The concentration of radioactive material in the air that is inhaled when respirators are worn may be initially estimated by dividing the average concentration in air, during each period of uninterrupted use, by the protection factor. If the exposure is later found to be greater than initially estimated, the corrected value shall be used; if the exposure is later found to be less than initially estimated, the corrected value may be used.

ITEM 50. Amend 40.55(136C) as follows:

641--40.55(136C) Security and control of stored licensed or registered sources of radiation. The licensee or registrant shall secure from unauthorized removal or access licensed materials or registered sources of radiation that are stored in unrestricted areas.

a. The licensee or registrant shall secure licensed or registered radioactive material from unauthorized removal or access.

b. The licensee or registrant shall maintain constant surveillance and use devices or administrative procedures to prevent unauthorized use of licensed or registered radioactive material that is in an unrestricted area and that is not in storage.

c. The registrant shall secure registered radiation machines from unauthorized removal.

d. The registrant shall use devices or administrative procedures to prevent unauthorized use of registered radiation machines.

ITEM 51. Rescind and reserve 40.56(136C).

ITEM 52. Amend 40.65(2)"b" as follows:

b. Monitor the external surfaces of a labeled labeled³ package for radiation levels unless the package contains quantities of radioactive material that are less than or equal to the Type A quantity, as defined in 641--subrule 39.5(2) and Appendix E to 641--Chapter 39; and

ITEM 53. Amend 40.82(3) as follows:

40.82(3) Upon termination of the license or registration, the licensee or registrant shall permanently store records on IDPH Form 588-2853 588-2833 or 588-2834 or equivalent or shall make provisions with the agency for transfer to the agency.

ITEM 54. Amend 40.84(1) as follows:

40.84(1) The licensee or registrant shall retain the records of prior occupational dose and exposure history as specified in 40.19(136C) on IDPH Form 588-2833 or equivalent until the agency terminates each pertinent license or registration requiring this record. The licensee or registrant shall retain records used in preparing IDPH Form 588-2833 or equivalent for three years after the record is made.

ITEM 55. Amend 40.84(2) as follows:

40.84(2) Upon termination of the license or registration, the licensee or registrant shall permanently store records on IDPH Form 588-2833 or equivalent or shall make provisions with the agency for transfer to the agency.

ITEM 56. Amend 40.85(3) as follows:

40.85(3) Upon termination of the license or registration, the licensee or registrant shall permanently store records on IDPH Form 588-2833 or equivalent or shall make provisions with the agency for transfer to the agency.

ITEM 57. Amend 40.86(3) as follows:

40.86(3) Record-keeping format. The licensee or registrant shall maintain the records specified in 40.86(1) on IDPH Form 588-2834, 588-2833, or equivalent in accordance with the instructions for IDPH Form 588-2834, 588-2833, or equivalent or in clear and legible records containing all the information required by IDPH Form 588-2834, 588-2833, or equivalent.

ITEM 58. Amend 40.86(6) as follows:

40.86(6) Retention after termination. Upon termination of the license or registration, the licensee or registrant shall permanently store records on IDPH Form 588-2833, 588-2834, or equivalent or shall make provision with the agency for transfer to the agency.

ITEM 59. Amend 40.100(2) as follows:

40.100(2) Each licensee or registrant in a category listed in 40.100(1) shall submit an annual report of the results of individual monitoring carried out by the licensee or registrant for each individual for whom monitoring was required by 40.36(136C) during that year. The licensee or registrant may include additional data for individuals for whom monitoring was provided but not required. The licensee or registrant shall use IDPH Form 588-2834 or equivalent or electronic media containing all the information required by IDPH Form 588-2834.

ITEM 60. Amend 40.110(2) as follows:

40.110(2) If posting of a document specified in 40.110(1)"a," 40.110(1)"b" and 40.110(1)"c" is not practicable practical, the licensee or registrant may post a notice which describes the document and states where it may be examined.

ITEM 61. Adopt new 40.111(1)"h" as follows:

h. Shall be commensurate with potential radiological health protection problems present in the workplace.

ITEM 62. Amend Footnotes for Chapter 40, Appendix A, "b"(1) and (2) as follows:

(1) Only for individuals trained in using respirators and wearing properly fitted respirators that are used and maintained under supervision in a well-planned respiratory protective program.

(2) For air-purifying respirators only when high efficiency particulate filters, above 99.97% removal efficiency by thermally generated 0.3 m 0.3 u dioctyl phthalate (DOP) test or equivalent, are used in atmospheres not deficient in oxygen and not containing radioactive gas or vapor respiratory hazards.

ITEM 63. Amend Footnotes for Chapter 40, Appendix B, Table I, fourth paragraph, and Table II, third paragraph, as follows:

Note that the dose equivalents for an extremity, skin and lens of the eye are not considered in computing the committed effective dose equivalent, but are subject to limits that must be met separately.

The air concentration values listed in Table II, Column 1 were derived by one of two methods. For those radionuclides for which the stochastic limit is governing, the occupational stochastic inhalation ALI was divided by 2.4 x 10⁹ (ml), relating the inhalation ALI to the DAC, as explained above, and then divided by a factor of 300. The factor of 300 includes the following components: a factor of 50 to relate the 5 rem (0.05 Sv) annual occupational dose limit to the 0.1 rem limit for members of the public, a factor of 3 to adjust for the difference in exposure time and the inhalation rate for a worker and that for members of the public; and a factor of 2 to adjust the occupational values, derived for adults, so that they are applicable to other age groups.

ITEM 64. Amend Chapter 40, Appendix C, the radionuclide Carbon-14, as follows:

Carbon-14 1,000 100

ITEM 65. Amend 41.1(1) as follows:

41.1(1) Scope. This rule establishes requirements, for which a registrant is responsible, for use of X-ray equipment by or under the supervision of an individual authorized by and licensed in accordance with state statutes to engage in the healing arts or veterinary medicine. The provisions of this rule are in addition to, and not in substitution for, any other applicable provisions of these rules. The provisions of Chapter 41 are in addition to, and not in substitution for, any other applicable portions of Chapters 38 to 42. All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of October 1, 1996 July 1, 1998.

ITEM 66. Amend 41.1(2) by amending the introductory paragraph and by amending, adding or rescinding the following definitions:

41.1(2) Definitions. For the purpose of this chapter, the definitions of 641--Chapters Chapter 38 to 40 and 45 may also apply. The following are specific to rule 41.1(136C).

"Accessible surface" means the external surface of the enclosure or housing of the radiation producing machine as provided by the manufacturer.

"Aluminum equivalent" means the thickness of type 1100 aluminum alloy affording the same attenuation, under specified conditions, as the material in question. The nominal chemical composition of type 1100 aluminum alloy is 99.00 percent minimum aluminum, 0.12 percent copper.

"Assembler" means any person engaged in the business of assembling, replacing, or installing one or more components into an X-ray system or subsystem. The term includes the owner of an X-ray system or the employee or agent who assembles components into an X-ray system that is subsequently used to provide professional or commercial services.

"Attenuation block" means a block or stack, having dimensions 20 centimeters by 20 centimeters by 3.8 centimeters, of type 1100 aluminum alloy or other materials having equivalent attenuation. The nominal chemical composition of type 1100 aluminum alloy is 99.00 percent minimum aluminum, 0.12 percent copper.

"Automatic exposure control" (AEC) means a device which automatically controls one or more technique factors in order to obtain at a preselected location(s) a required quantity of radiation (see also "Phototimer"). (Includes devices such as phototimers and ion chambers.)

"Beam axis" means a line from the source through the centers of the X-ray fields.

"C-arm X-ray system" means an X-ray system in which the image receptor and X-ray tube housing assembly are connected by a common mechanical support system in order to maintain a desired spatial relationship. This system is designed to allow a change in the projection of the beam through the patient without a change in the position of the patient.

"Certified components" means components of X-ray systems which are subject to regulations promulgated under Public Law 90-602, the "Radiation Control for Health and Safety Act of 1968," the Food and Drug Administration.

"Changeable filters" means any filter, exclusive of inherent filtration, which can be removed from the useful beam through any electronic, mechanical, or physical process.

"Contact therapy system" means an X-ray system used for therapy with the X-ray tube port placed in contact with or within 5 centimeters of the surface being treated.

"Control panel" means that part of the X-ray control upon which are mounted the switches, knobs, pushbuttons, and other hardware necessary for manually setting the technique factors. (see X-ray control panel).

"Diagnostic X-ray system" means an X-ray system designed for irradiation of any part of the human body for the purpose of diagnosis or visualization.

"Entrance exposure rate" means the exposure free in air per unit time at the point where the center of the useful beam enters the patient.

"Filter" means material placed in the useful beam to preferentially absorb preferentially selected radiations.

"Fluoroscopic imaging assembly" means a subsystem in which X-ray photons produce a fluoroscopic visual image. It includes the image receptor(s) such as the image intensifier and spot-film device, electrical interlocks, if any, and structural material providing linkage between the image receptor and diagnostic source assembly.

"Focal spot (actual)" means the area projected on the anode of the X-ray tube bombarded by the electrons accelerated from the cathode and from which the useful beam originates.

"Half-value layer" means the thickness of specified material which attenuates the beam of radiation to an extent such that the exposure rate is reduced to one-half of its original value. In this definition, the contribution of all scattered radiation, other than any which might be present initially in the beam concerned, is deemed to be excluded.

"HVL" (see "Half-value layer").

"Image intensifier" means a device, installed in its housing, which instantaneously converts an X-ray pattern into a corresponding light image of higher energy density intensity.

"Image receptor support" means, for mammographic systems, that part of the system designed to support the image receptor in a horizontal plane during a mammographic examination.

"Irradiation" means the exposure of matter to ionizing radiation.

"kWs" means kilowatt second. It is equivalent to 10³ (kV)(mA)(s), i.e.,

(A)kWs = (X)kV x (Y)mA x (Z)s	x	kWs	=	XYZ kWs
		103kV x mA x s		103

"Patient" means an individual subjected to healing arts examination, diagnosis, or treatment.

"PBL" (see "Positive beam limitation").

"Peak tube potential" means the maximum value of the potential difference across the X-ray tube during an exposure.

"Phantom" means a volume of material behaving in a manner similar to tissue with respect to the attenuation and scattering of radiation.

"Positive beam limitation" means the automatic or semiautomatic adjustment of an X-ray beam to the size of the selected image receptor, whereby exposures cannot be made without such adjustment.

"Primary dose monitoring system" means a system which will monitor the useful beam during irradiation and which will terminate irradiation when a preselected number of dose monitor units have been acquired.

"Qualified expert" means an individual who has demonstrated to the satisfaction of the agency that such individual possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs.

"Radiographic imaging system" means any system whereby a permanent or semipermanent image is recorded on an image receptor by the action of ionizing radiation.

"Radiological physicist" means an individual who:

a. Is certified by the American Board of Radiology in therapeutic radiological physics, radiological physics, or X-ray and gamma-ray physics; or

b. Has a bachelor's degree in one of the physical sciences or engineering and three years' full-time experience working in therapeutic radiological physics under the direction of a physicist certified by the American Board of Radiology. The work duties shall include duties involving the calibration and spot checks of a medical accelerator or a sealed source teletherapy unit; or

c. Has a master's or a doctor's degree in physics, biophysics, radiological physics, health physics, or engineering; has had one year's full-time training in therapeutic radiological physics; and has had one year's full-time work experience in a radiotherapy facility where the individual's duties involve calibration and spot checks of a medical accelerator or a sealed source teletherapy unit.

"Registrant," as used in 641--Chapter 41, means any person who owns or possesses and administratively controls an X-ray system which is used to deliberately expose humans or animals to the useful beam of the system and is required by 641--Chapter 39 to register the X-ray system with the agency.

"Scattered radiation" means radiation that, during passage through matter, has been deviated in direction (see "Direct scattered radiation").

"Secondary dose monitoring system" means a system which will terminate irradiation in the event of failure of the primary system.

"Shutter" means a device attached to the tube housing assembly which can totally intercept the entire cross-sectional area of the useful beam and which has a lead equivalency not less than that of the tube housing assembly.

"SSD" means the distance between the source and the skin entrance plane of the patient.

"Traceable to a national standard" means that a quantity or a measurement has been compared to a national standard directly or indirectly through one or more intermediate steps and that all comparisons have been documented.

"Tube" means an X-ray tube, unless otherwise specified.

"Tube housing assembly" means the tube housing with tube installed. It includes high-voltage, or filament transformers, or both, and other appropriate elements when such are contained within the tube housing.

"Wedge filter" means an added filter effecting continuous progressive attenuation on all or part of the useful beam.

"X-ray control" means a device which controls input power to the X-ray high-voltage generator and the X-ray tube. It includes equipment such as timers, phototimers, automatic brightness stabilizers, and similar devices, which control the technique factors of an X-ray exposure., switch, button or similar means by which an operator initiates or terminates the radiation exposure. The X-ray exposure control may include such associated equipment as timers and backup timers.

"X-ray control panel" means a device which controls input power to the X-ray high-voltage generator and the X-ray tube. It includes equipment such as timers, phototimers, automatic brightness stabilizers, and similar devices, which control the technique factors of an X-ray exposure.

"X-ray subsystem" means any combination of two or more components of an X-ray system.

"X-ray table" means a patient support device with its patient support structure (tabletop) interposed between the patient and the image receptor during radiography or fluoroscopy. This includes, but is not limited to, any stretcher equipped with a radiolucent panel and any table equipped with a cassette tray (or bucky), cassette tunnel, image intensifier, or spot-film device beneath the tabletop.

"X-ray tube" means any electron tube which is designed to be used primarily for the production of X-rays.

ITEM 67. Amend subrule 41.1(3) as follows:

41.1(3) Administrative controls.

a. Registrant. The registrant shall be responsible for maintaining in accordance with manufacturer specifications and directing the operation of the X-ray system(s) under the registrant's administrative control. Where no manufacturer specifications are indicated, X-ray systems shall be serviced annually. All service and installation shall be performed by persons registered under 641--subrule 39.3(3). The registrant or the registrant's agent shall ensure that the requirements of 41.1(3)"a"(1) these rules are met in the operation of the X-ray system(s).

(1) An X-ray system which does not meet the provisions of these rules shall not be operated for diagnostic or therapeutic purposes unless so directed by the agency.

(2) Individuals who will be operating the X-ray systems shall be adequately instructed in safe operating procedures and be competent in the safe use of the equipment in accordance with 641--Chapter 42 as applicable. The individual's permit to practice shall be posted in the immediate vicinity of the general work area and visible to the public.

(3) A chart shall be provided in the vicinity of the diagnostic X-ray system's control panel which specifies, for all examinations performed with that system, the following information:

1. Patient's anatomical size versus technique factors to be utilized;

2. Type and size of the film or film-screen combination to be used;

3. Type and focal distance of the grid to be used, if any;

4. Source to image receptor distance to be used, except for dental intra-oral radiography; and

5. Type and location of placement of gonad human patient shielding to be used (e.g., gonad).

(4) Written safety procedures shall be provided to each individual operating X-ray equipment, including patient holding and any restrictions of the operating technique required for the safe operation of the particular X-ray system. The operator shall be able to demonstrate familiarity with these procedures.

(5) Except for patients who cannot be moved out of the room, only the staff and ancillary personnel required for the medical procedure or training shall be in the room during the radiographic exposure. Other than the patient being examined:

1. All individuals shall be positioned such that no part of the body will be struck by the useful beam unless protected by 0.5 millimeter lead equivalent.

2. Staff and ancillary personnel shall be protected from the direct scatter radiation by protective aprons or whole body protective barriers of not less than 0.25 millimeter lead equivalent.

3. Patients Human patients who cannot be removed from the room shall be protected from the direct scatter radiation by whole body protective barriers of 0.25 millimeter lead equivalent or shall be so positioned that the nearest portion of the body is at least 2 meters from both the tube head and the nearest edge of the image receptor.

(6) Gonad shielding of not less than 0.25 millimeter lead equivalent shall be used for human patients, who have not passed the reproductive age, during radiographic procedures in which the gonads are in the useful beam, except for cases in which this would interfere with the diagnostic procedure.

(7) Individuals shall not be exposed to the useful beam except for healing arts purposes and unless such exposure has been authorized by a licensed practitioner of the healing arts. This provision specifically prohibits deliberate exposure for the following purposes:

1. Exposure of an individual for training, demonstration, or other nonhealing arts purposes; and

2. Exposure of an individual for the purpose of healing arts screening except as authorized by 41.1(3)"a"(11).

(8) When a patient or film must be provided with auxiliary support during a radiation exposure:

1. Mechanical holding devices shall be used when the technique permits. The written safety procedures, required by 41.1(3)"a"(4), shall list individual projections where holding devices cannot be utilized;

2. Written safety procedures, as required by 41.1(3)"a"(4), shall indicate the requirements for selecting a holder and the procedure the holder shall follow;

3. The human holder shall be protected as required by 41.1(3)"a"(5)"2";

4. No individual shall be used routinely to hold film or patients; and

5. In those cases where the human patient must hold the film, except during intraoral examinations, any portion of the body other than the area of clinical interest struck by the useful beam shall be protected by not less than 0.5 millimeter lead equivalent material.

6. Each facility shall have leaded aprons and gloves available in sufficient numbers to provide protection to all personnel who are involved with X-ray operations and who are otherwise not shielded.

(9) Procedures and auxiliary equipment designed to minimize patient and personnel exposure commensurate with the needed diagnostic information shall be utilized.

1. The speed of film or screen and film combinations shall be the fastest speed consistent with the diagnostic objective of the examinations. Film cassettes without intensifying screens shall not be used for any routine diagnostic radiological imaging, with the exception of veterinary radiography and standard film packets for intra-oral use in dental radiography.

2. The radiation exposure to the patient shall be the minimum exposure required to produce images of good diagnostic quality.

3. Portable or mobile X-ray equipment shall be used only for examinations where it is impractical to transfer the patient(s) to a stationary X-ray installation.

4. X-ray systems subject to 41.1(6) shall not be utilized in procedures where the source to human patient distance is less than 30 centimeters.

5. If grids are used between the patient and the image receptor to decrease scatter to the film and improve contrast, the grid shall:

* Be positioned properly, i.e., tube side facing the correct direction, and the grid centered to the central ray;

* If of the focused type, be at the proper focal distance for the SIDs being used.

(10) All individuals who are associated with the operation of an X-ray system are subject to the requirements of 641--subrule 40.36(3) and rules 641--40.15(136C) and 641--40.37(136C). In addition:

1. When protective clothing or devices are worn on portions of the body and a personnel monitoring device(s) is present, it (they) shall be worn in accordance with the recommendations found in Chapter 4 of the National Council of Radiation Protection and Measurements Report No. 57.

2. Exposure of a personnel monitoring device to deceptively indicate a dose delivered to an individual is prohibited.

(11) Healing arts screening. Any person proposing to conduct a healing arts screening program shall not initiate such a program without prior approval of the agency. When requesting such approval, that person shall submit the information outlined in Appendix C of this chapter. If any information submitted to the agency becomes invalid or outdated, the agency shall be immediately notified.

b. Information and maintenance record and associated information. The registrant shall maintain the following information for each X-ray system for inspection by the agency:

(1) Maximum rating of technique factors;

(2)(1) Model and serial numbers of all certifiable major components and user's manual for those components;

(3) Aluminum equivalent filtration of the useful beam, including any routine variation;

(4)(2) Tube rating charts and cooling curves;

(5)(3) Records of surveys, calibrations, maintenance, and modifications performed on the X-ray system(s) after the effective date of 41.1(3) with the names of persons who performed such services;

(6) A scale drawing of the room in which a stationary X-ray system is located with such drawing indicating the use of areas adjacent to the room and an estimation of the extent of occupancy by an individual in such areas. In addition, the drawing shall include:

1. The results of a survey for radiation levels present at the operator's position and at pertinent points outside the room at specified test conditions, or

2. The type and thickness of materials, or lead equivalency, of each protective barrier; and

(7)(4) A copy of all correspondence with this agency regarding that X-ray system.

c. X-ray utilization log. Except for veterinary facilities, Each each facility shall maintain an X-ray log containing the patient's name, the type of examinations, and the dates the examinations were performed, and the number of retakes involved. When the patient or film must be provided with human auxiliary support, the name of the human holder shall be recorded.

d. Plan review.

(1) Prior to construction, the floor plans and equipment arrangement of all new installations, or modifications of existing installations, or installation of equipment into existing facilities utilizing X-rays for diagnostic or therapeutic purposes, the floor plans and equipment arrangements shall be submitted to the agency for review and approval. The required information is denoted in Appendices A and B of this chapter.

(2) The agency may require the applicant to utilize the services of a qualified expert to determine the shielding requirements prior to the plan review and approval.

(3) The approval of such plans shall not preclude the requirement of additional modifications should a subsequent analysis of operating conditions indicate the possibility of an individual receiving a dose in excess of the limits prescribed in 641--Chapter 40.

e. Federal performance standards. All X-ray equipment shall comply with the applicable performance standards of 21 CFR 1020.30 to 1020.40 which were in effect at the time the unit was manufactured. All equipment manufactured before the effective date of 21 CFR 1020.30 to 1020.40 shall meet the requirements of the Iowa rules. Persons registered to possess the affected radiation-emitting equipment in Iowa shall be responsible for maintaining the equipment in compliance with the appropriate federal performance standards.

f. Quality management program.

(1) Each registrant under this subrule, as applicable, shall establish and maintain a written quality management program to provide high confidence that radiation from a therapeutic X-ray system will be administered as directed by an individual qualified by training and experience to conduct X-ray therapy. The quality management program must include written policies and procedures to meet the following specific objectives:

1. That, prior to administration, a written directive[1] is prepared for any therapeutic X-ray dose;

2. That, prior to each administration, the patient's identity is verified by more than one method as the individual named in the written directive;

3. That final plans of treatment and related calculations for the X-ray therapy are in accordance with the respective written directives;

4. That each administration is in accordance with the written directive; and

5. That any unintended deviation from the written directive is identified and evaluated, and appropriate action is taken.

(2) The registrant shall:

1. Develop procedures for and conduct a review of the quality management program. This review shall be at intervals no greater than 12 months since the last evaluation and shall include:

* A representative sample of patient administrations,

* All recordable events; and

* All misadministrations to verify compliance with all aspects of the quality management program;

2. Evaluate each of these reviews to determine the effectiveness of the quality management program and, if required, make modifications to meet the objectives of paragraph "a" of this subrule; and

3. Retain records of each review, including the evaluations and findings of the review, in an auditable form for three years.

(3) The registrant shall evaluate and respond, within 30 days after discovery of the recordable event, to each recordable event by:

1. Assembling the relevant facts including the cause;

2. Identifying what, if any, corrective action is required to prevent recurrence; and

3. Retaining a record, in an auditable form, for three years, of the relevant facts and what corrective action, if any, was taken.

(4) The registrant shall retain:

1. Each written directive; and

2. A record of each administered radiation dose or where a written directive is required in 41.1(3)"f"(1)"1," in an auditable form, for three years after the date of administration.

(5) The registrant may make modifications to the quality management program to increase the program's efficiency provided the program's effectiveness is not decreased. The registrant shall furnish the modification to the agency within 30 days after the modification has been made.

(6) Each applicant for a new registration, as applicable, shall submit to the agency a quality management program as part of the application for a registration and implement the program upon issuance of the registration by the agency. Each existing registrant, as applicable, shall submit to the agency by March 31, 1995, a written certification that the quality management program has been implemented along with a copy of the program.

f. X-ray film processing facilities and practices (except for mammography). Each installation using a radiographic X-ray system and using analog image receptors (e.g., radiographic film) shall have available suitable equipment for handling and processing radiographic film in accordance with the following provisions:

(1) Manually developed film.

1. Processing tanks shall be constructed of mechanically rigid, corrosion-resistant material; and

2. The temperature of solutions in the tanks shall be maintained within the range of 60deg.F to 80deg.F (16deg.C to 27deg.C). Film shall be developed in accordance with the time-temperature relationships recommended by the film manufacturer or, in the absence of such recommendations, with the time-temperature chart available from the agency.

3. Devices shall be utilized which will indicate the actual temperature of the developer and signal the passage of a preset time appropriate to the developing time required.

(2) Automatic processors and other closed processing systems.

1. Films shall be developed in accordance with the time-temperature relationships recommended by the film manufacturer; in the absence of such recommendations, the film shall be developed using the chart available from the agency.

2. Processing deviations from the requirements of 41.1(3)"f" shall be documented by the registrant in such manner that the requirements are shown to be met or exceeded (e.g., extended processing and special rapid chemistry).

(3) Other requirements.

1. Pass boxes, if provided, shall be so constructed as to exclude light from the darkroom when cassettes are placed in or removed from the boxes, and shall incorporate adequate shielding from stray radiation to prevent exposure of undeveloped film.

2. The darkroom shall be light tight and use proper safelighting such that any film type in use exposed in a cassette to X-radiation sufficient to produce an optical density from 1 to 2 when processed shall not suffer an increase in density greater than 0.1 when exposed out of the cassette in the darkroom for 2 minutes with all safelights on. If used, daylight film handling boxes shall preclude fogging of the film.

3. Darkrooms typically used by more than one individual shall be provided a method to prevent accidental entry while undeveloped films are being handled or processed.

4. Film shall be stored in a cool, dry place and shall be protected from exposure to stray radiation. Film in open packages shall be stored in a light tight container.

5. Film cassettes and intensifying screens shall be inspected periodically and shall be cleaned and replaced as necessary to best ensure radiographs of good diagnostic quality.

6. Outdated X-ray film shall not be used for diagnostic radiographs, unless the film has been stored in accordance with the manufacturer's recommendations and a sample of the film passes a sensitometric test for normal ranges of base plus fog and speed.

7. Film developing solutions shall be prepared in accordance with the directions given by the manufacturer and shall be maintained in strength by replenishment or renewal so that full development is accomplished within the time specified by the manufacturer.

ITEM 68. Amend 41.1(4) as follows:

41.1(4) General requirements for all diagnostic X-ray systems. In addition to other requirements of this chapter, all diagnostic X-ray systems shall meet the following requirements:

a. to d. No change.

e. No change.

(1) No change.

1. No change.

2.The requirements of 41.1(4)"e"(1)"1" will be considered to have been met if it can be demonstrated that the aluminum equivalent of the total filtration in the primary beam is not less than that shown in Table II.

Table II
Filtration Required vs. Operating Voltage
Operating Voltage (kVp)	Total Filtration (inherent plus added) (mm aluminum equivalent)
Below 50 0.5
50 - 70 1.5
Above 70 2.5

3. Beryllium window tubes shall have a minimum of 0.5 millimeter aluminum equivalent filtration permanently installed in the useful beam.

4. For capacitor energy storage equipment, compliance with the requirements of 41.1(4)"e" shall be determined with the maximum quantity of charge per exposure system fully charged and a setting of 10 mAs for each exposure.

5. The required minimal aluminum equivalent filtration half-value layer of the useful beam shall include the filtration contributed by all materials which are always present permanently between the source and the patient.

(2) No change.

f. and g. No change.

h. Technique indicators.

(1) and (2) No change.

(3) The technique indicators shall be accurate to within manufacturer's standards.

i. Locks. All position locking, holding, and centering devices on X-ray system components and systems shall function as intended.

ITEM 69. Amend 41.1(5) as follows:

41.1(5) Fluoroscopic X-ray systems except for computed tomography X-ray systems. All fluoroscopic X-ray systems shall be image intensified and meet the following requirements:

a. Limitation of useful beam.

(1) Primary barrier.

1. The fluoroscopic imaging assembly shall be provided with a primary protective barrier which intercepts the entire cross section of the useful beam at any SID.

2. The X-ray tube used for fluoroscopy shall not produce X-rays unless the barrier is in position to intercept the entire useful beam.

(2) X-ray field.

1. The X-ray field produced by non-image-intensified fluoroscopic equipment shall not extend beyond the entire visible area of the image receptor. This requirement applies to field size for both fluoroscopic procedures and spot filming procedures. In addition, means shall be provided for stepless adjustment of the field size; the minimum field size at the greatest SID shall be equal to or less than 5 centimeters by 5 centimeters; and compliance with 41.1(5)"a"(2)"1" shall be determined with the beam axis indicated to be perpendicular to the plane of the image receptor.

2. For image-intensified fluoroscopic equipment, neither the length nor the width of the X-ray field in the plane of the image receptor shall exceed that of the visible area of the image receptor by more than 3 percent of the SID. The sum of the excess length and the excess width shall be no greater than 4 percent of the SID. In addition, means shall be provided to permit further limitation of the field at the greatest SID to a field size of 5 centimeters by 5 centimeters or less. Compliance shall be determined with the beam axis indicated to be perpendicular to the plane of the image receptor. For rectangular X-ray fields used with circular image reception, the error in alignment shall be determined along the length and width dimensions of the X-ray field which pass through the center of the visible area of the image receptor.

(2) Fluoroscopic beam limitation.

1. For certified fluoroscopic systems with or without a spot film device, neither the length nor the width of the X-ray field in the plane of the image receptor shall exceed that of the visible area of the image receptor by more than 3 percent of the SID. The sum of the excess length and the excess width shall be no greater than 4 percent of the SID.

2. For uncertified fluoroscopic systems with a spot film device, the X-ray beam with the shutter fully opened (during fluoroscopy or spot filming) shall be no larger than the largest spot film size for which the device is designed. Measurements shall be made at the minimum SID available but at no less than 20 centimeters from the tabletop to the film plane distance.

3. For uncertified fluoroscopic systems without a spot film device, the requirements of 41.1(5)"a"(2)"1" apply.

4. Other requirements for fluoroscopic beam limitation:

* Means shall be provided to permit further limitation of the field. Beam-limiting devices manufactured after May 22, 1979, and incorporated in equipment with a variable SID or a visible area of greater than 300 square centimeters shall be provided with means for stepless adjustment of the X-ray field;

* All equipment with a fixed SID and a visible area of 300 square centimeters or less shall be provided either with stepless adjustment of the X-ray field or with means to further limit the X-ray field size at the plane of the image receptor to 125 square centimeters or less;

* If provided, stepless adjustment shall, at the greatest SID, provide continuous field sizes from the maximum attainable to a field size of 5 centimeters by 5 centimeters or less;

* For equipment manufactured after February 25, 1978, when the angle between the image receptor and beam axis is variable, means shall be provided to indicate when the axis of the X-ray beam is perpendicular to the plane of the image receptor;

* For noncircular X-ray fields used with circular image receptors, the error in alignment shall be determined along the length and width dimensions of the X-ray field which pass through the center of the visible area of the image receptor.

(3) Spot-film beam limitation. Spot-film devices shall meet the following requirements:

1. Means shall be provided between the source and the patient for adjustment of the X-ray field size in the plane of the film to the size of that portion of the film which has been selected on the spot-film selector. Such adjustment shall be automatically accomplished except when the X-ray field size in the plane of the film is smaller than that of the selected portion of the film. For spot-film devices manufactured after June 21, 1979, if the X-ray field size is less than the size of the selected portion of the film, the means for adjustment of the field size shall be only at the operator's option;

2. Neither the length nor the width of the X-ray field in the plane of the image receptor shall differ from the corresponding dimensions of the selected portion of the image receptor by more than 3 percent of the SID when adjusted for full coverage of the selected portion of the image receptor. The sum, without regard to sign, of the length and width differences shall not exceed 4 percent of the SID;

3. It shall be possible to adjust the X-ray field size in the plane of the film to a size smaller than the selected portion of the film. The minimum field size at the greatest SID shall be equal to, or less than, 5 centimeters by 5 centimeters;

4. The center of the X-ray field in the plane of the film shall be aligned with the center of the selected portion of the film to within 2 percent of the SID; and

5. On spot-film devices manufactured after February 25, 1978, if the angle between the plane of the image receptor and beam axis is variable, means shall be provided to indicate when the axis of the X-ray beam is perpendicular to the plane of the image receptor, and compliance shall be determined with the beam axis indicated to be perpendicular to the plane of the image receptor.

(4) Override. If a means exists to override any of the automatic X-ray field size adjustments required in 41.1(5)"a"(2) and 41.1(5)"a"(3), that means:

1. Shall be designed for use only in the event of system failure;

2. Shall incorporate a signal visible at the fluoroscopist's position which will indicate whenever the automatic field size adjustment is overridden; and

3. Shall have a clear and durable label as follows: