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.

NOTE: See also Supplemental Agenda to be published in the December 2, 1998, Iowa Administrative Bulletin.

Bulletin
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Meat and poultry inspection bureau; adoption of federal regulations, 1.6(1)"c," 1.6(6), 76.1 to 76.4, 76.13,
Notice ARC 8445A 11/4/98
ACCOUNTANCY EXAMINING BOARD[193A]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Certificate of noncompliance from the college student aid commission, 9.13, 12.19, 16.9(4), Filed ARC 8422A 11/4/98
Waivers or variances from rules, ch 13, Filed ARC 8421A 11/4/98
CORRECTIONS DEPARTMENT[201]
Offender transportation, 20.14, Filed ARC 8447A 11/4/98
Sex offender management and treatment, ch 38, Filed ARC 8448A 11/4/98
DENTAL EXAMINERS BOARD[650]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Dental hygiene committee--definition, 1.1, Notice ARC 8474A 11/18/98
Examination meeting; administration of local anesthesia by dental hygienists, 1.1, Filed ARC 8489A 11/18/98
Dental hygiene committee, 5.1, 5.1(3), 5.1(4), 5.2(5), 5.2(6), 5.6, Notice ARC 8477A 11/18/98
Petitions for rule making--dental hygiene committee review, 7.1(5), 7.1(6), Notice ARC 8481A 11/18/98
Administration of local anesthesia; supervision by dentist, 10.3(1), 10.3(2), Filed ARC 8491A 11/18/98
Unauthorized practice of dental hygiene, 10.4, Notice ARC 8487A 11/18/98
Application to practice dental hygiene, 11.5(1) to 11.5(3), 11.5(5), 11.6(1) to 11.6(4), 11.6(6), 11.7, 11.8,
Notice ARC 8486A 11/18/98
Application for authority of a dental hygienist to administer local anesthesia, 11.10, Filed ARC 8490A 11/18/98
Examinations, 12.3(1) to 12.3(8), 12.4(2), Notice ARC 8485A 11/18/98
Dental hygiene faculty permit, 13.2(2), 13.2(7), Notice ARC 8484A 11/18/98
Dental hygiene license--renewal and reinstatement, 14.1(5), 14.5(4), Notice ARC 8483A 11/18/98
License application fees, 15.1, 15.2(1), 15.2(2), Notice ARC 8476A 11/18/98
Fees--conscious sedation permit and permit to authorize dental hygienist to administer local anesthesia,
15.1(10), 15.1(11), 15.2(4), 15.2(5), Filed ARC 8488A 11/18/98
Certificate of qualification in dental radiography--renewal fee, 22.9(2), Notice ARC 8475A 11/18/98
Dental hygiene continuing education, 25.11, Notice ARC 8482A 11/18/98
Dental hygiene ethics, 27.1, Notice ARC 8478A 11/18/98
Dental hygiene committee--complaint investigation and review, 31.1, 31.5, Notice ARC 8480A 11/18/98
Dental hygiene committee--disciplinary hearings, 51.4(2) to 51.4(7), 51.7(3), Notice ARC 8479A 11/18/98
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Self-employment loan program, 51.3(3), 51.3(8)"b," Notice ARC 8453A 11/18/98
Entrepreneurial ventures assistance program, 60.4, 60.5, Notice ARC 8454A 11/18/98
EDUCATIONAL EXAMINERS BOARD[282]
EDUCATION DEPARTMENT[281]"umbrella"
National Board for Professional Teaching Standards certification, 17.5"5," 17.6"5," Filed ARC 8468A 11/18/98
EDUCATION DEPARTMENT[281]
Local option sales and services tax for school infrastructure, ch 96, Filed ARC 8455A 11/18/98
ENVIRONMENTAL PROTECTION COMMISSION[567]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Hospital/medical/infectious waste incinerators (HMIWI) and municipal waste combustors (MWC), 22.1(2),
22.101(2), 23.1(2), 23.1(2)"nnn," "sss" and "ttt," 23.1(5), 23.1(5)"b," 25.1(10)"a," Filed ARC 8493A 11/18/98
Iowa land recycling program and response action standards, ch 137, Filed Emergency After Notice ARC 8458A 11/18/98
Beneficial uses of waste tires, ch 219, Filed ARC 8494A 11/18/98
HUMAN SERVICES DEPARTMENT[441]
HAWK-I board, 1.10, Filed ARC 8451A 11/18/98
Limited benefit plan, 7.5(8), 40.23, 40.26, 41.24(1)"d," 41.24(4), 41.24(8), 41.24(9), 41.24(11), 93.104(3), 93.104(4),
93.105(2), 93.138(2) to 93.138(4), 93.138(4)"a" and "b," 93.140(2), Notice ARC 8464A 11/18/98
Family investment program; family medical assistance program (FMAP); FMAP-related Medicaid programs,
41.27(2)"d," 41.27(7)"ag," 41.27(8)"a"(1) and (2), 41.27(8)"b"(11), 41.27(8)"c," 41.27(9)"d," 41.28(1)"b"(4),
46.21, 46.24(3)"a," 75.57(2)"d," 75.57(8)"a," 75.57(8)"b"(11), 75.57(8)"c," 75.58(1)"b"(4), 93.132"11,"
93.133, 93.133(2), 93.133(3), 93.133(3)"e," 93.133(4), Notice ARC 8465A 11/18/98
Food stamp eligibility to certain legal aliens, 65.47, Notice ARC 8425A, also Filed Emergency ARC 8426A 11/4/98
Healthy and well kids in Iowa (HAWK-I) program, 76.1, 76.1(1), 76.1(2), 76.11(4), ch 86, Notice ARC 8450A 11/4/98
Home health agencies participating in Medicaid obtaining, maintaining, and timely filing surety bonds,
77.9, 78.9, Filed ARC 8428A 11/4/98
Home- and community-based services waiver for persons with physical disabilities, 77.41, 78.46,
79.1(2), 79.14(1)"e," 83.92 to 83.111, Notice ARC 8427A 11/4/98
Federally funded abortions, 78.1(17), Notice ARC 8333A Terminated ARC 8466A 11/18/98
Maximum reimbursement rate for nursing facilities, 81.6(16)"e," Filed ARC 8429A 11/4/98
State payment program, ch 153 division IV preamble, 153.51, 153.52(1), 153.52(3), 153.53 to 153.59, Filed ARC 8430A 11/4/98
Maintenance payment paid to a child in independent living, 156.12(1), Filed Emergency After Notice ARC 8431A 11/4/98
Community adolescent pregnancy prevention program, ch 163 preamble, 163.1, 163.2, 163.3(1), 163.3(6) to 163.3(8),
163.3(10) to 163.3(12), 163.4(2)"e," 163.5(2)"c" and "e," 163.5(3)"c," "d," "e," "h" and "j,"
163.8, Filed ARC 8432A 11/4/98
Rehabilitative treatment and supportive services rates, 185.112, 185.112(1)"a," 185.112(6)"d" and "e," 185.112(10),
Notice ARC 8467A 11/18/98
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]"umbrella"
Electronic filing; insurance producer; forms; examinations, 5.3, 5.26(6), 5.42, 15.13(1)"a," 21.1(1),
21.3, 21.4, 21.5"9" to "11," 21.6, 31.1, 31.6, 33.2(2), 33.11, 40.1, 40.19, 45.10(6),
ch 45 form B item 7 paragraph "c," Notice ARC 8440A 11/4/98
Licensing of insurance producers; continuing education for insurance producers, chs 10 and 11, Notice ARC 8439A 11/4/98
Pharmaceutical disclosure requirements, 35.30, 36.7(1)"m," 40.23, 71.19, 75.12,
Notice ARC 7939A Terminated ARC 8449A 11/4/98
Disclosure requirements, 35.31, 36.7(1)"m," 40.23, 71.19, 75.12, Filed Emergency ARC 8441A 11/4/98
Investment advisers, investment adviser representatives, federal covered advisers, 50.94 to 50.97, Filed ARC 8473A 11/18/98
LABOR SERVICES DIVISION[875]
WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"
General industry safety and health--methylene chloride, 10.20, Notice ARC 8498A 11/18/98
General industry safety and health, 10.20, Filed Emergency After Notice ARC 8499A 11/18/98
Construction safety and health, 26.1, Filed Emergency After Notice ARC 8500A 11/18/98
LANDSCAPE ARCHITECTURAL EXAMINING BOARD[193D]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Certificate of noncompliance from the college student aid commission, 2.12, 4.13, 5.17, Notice ARC 8424A 11/4/98
Waivers or variances from rules, ch 7, Filed ARC 8423A 11/4/98
NATURAL RESOURCE COMMISSION[571]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Wildlife refuges; state parks and recreation areas, 52.1(1), 61.2, 61.3(1)"j," 61.3(3)"a" and "c," 61.4(2),
61.4(2)"b" and "l," 61.5(7)"d," 61.6(1), 61.22(20), Notice ARC 8442A 11/4/98
Endangered and threatened plant and animal species, ch 77, Notice ARC 8444A 11/4/98
Possession limits--geese, 91.3(2), Filed Emergency ARC 8443A 11/4/98
PERSONNEL DEPARTMENT[581]
Elimination of the personnel commission; trainee/journey class reclassifications; definition of "substantive change";
employee reinstatement, 1.1, 3.1(2), 3.4(6), 3.5(2), 3.5(4), 3.5(6), 3.5(7), 3.6(3), 4.6(12), 8.3, 8.10(3),
8.11, 8.13, Notice ARC 8438A 11/4/98
Benefits--deferred compensation, 15.6, 15.13, Notice ARC 8472A 11/18/98
PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA COMPREHENSIVE[591]
Lapse of financial liability coverage, 11.1(3)"b"(3), Filed ARC 8469A 11/18/98
Compliance with UST system upgrade deadlines and reimbursement, 11.1(3)"d"(6), 11.1(3)"o," Notice ARC 8470A 11/18/98
Compliance with report submittal deadlines, 11.1(3)"r," 11.1(5)"f," Notice ARC 8471A 11/18/98
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Board of barber examiners, 20.12, Notice ARC 8492A 11/18/98
PUBLIC HEALTH DEPARTMENT[641]
Mammography, 41.1(1), 41.6(2)"g," Notice ARC 8446A 11/4/98
Removal of dead body or fetus; burial-transit permit; transportation and disposition of dead body or fetus,
101.4 to 101.6, Notice ARC 8496A 11/18/98
Iowa regionalized system of perinatal health care, ch 150, Notice ARC 8497A 11/18/98
RACING AND GAMING COMMISSION[491]
INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"
Satellite terminals; college student aid noncompliance; number of gaming machines; safety vests; poker proposals,
1.6(5), 3.11(3), 5.1(5)"c," 5.16(21), 13.13 to 13.26, 20.22(3), 26.19(5), Filed ARC 8457A 11/18/98
Presence of certified peace officer on a riverboat during gaming hours, 25.14(2), Notice ARC 8456A 11/18/98
REVENUE AND FINANCE DEPARTMENT[701]
Interest rate for calendar year 1999, 10.2(18), Notice ARC 8437A 11/4/98
Excise tax; sales tax on services, 13.12, 17.31, 17.32, 19.12, 20.5(2)"d," 26.47, Filed ARC 8495A 11/18/98
Sales and use tax, 17.30, 18.24, 18.25(3), 18.34(2)"j," 18.49, 18.58(1), 18.59, 20.7(1)"c," 20.7(5), 32.4,
Filed ARC 8433A 11/4/98
Motor fuel tax, 67.1, 67.12"7," 68.8(10), 68.8(15), 68.8(16), Notice ARC 8436A 11/4/98
Local option school infrastructure sales and service tax, ch 108, Filed ARC 8434A 11/4/98
TRANSPORTATION DEPARTMENT[761]
Adopt-a-highway program, 121.2, 121.3, Filed ARC 8460A 11/18/98
Definition of "hearse"; emergency medical services plates; ex-prisoner of war plates; U.S. armed forces
retired plates, 400.1(5) to 400.1(15), 401.10 to 401.12, 401.21, 401.25, Notice ARC 8420A 11/4/98
Specially constructed or reconstructed vehicles; persons with disabilities parking permits; removal of
registration and plates--financial liability; wheelchair parking cone; certificate of noncompliance
from college student aid commission, 400.3(10)"a," 400.16(2)"d" and "e," 400.21(4), 400.35,
400.45(3), 400.53(3), 400.70, 411.6, 450.2(2), Filed ARC 8463A 11/18/98
Driver's licenses, 600.1, 600.2, 600.3(1), 600.4(4), 600.4(9), 600.12 to 600.14, 601.1(1), 601.2, 601.5,
ch 602 title, 602.1, 602.1(1), 602.1(2), 602.2, 602.3(1), 602.4, 602.11(2), 602.13(1)"d," 602.13(2),
602.18 to 602.21, 602.24(2)"b," 602.25(2)"e," 602.26(1)"b" and "c," 602.26(2), 602.26(3)"b,"
604.1(1), 604.1(2), 604.3(1), 604.7(2), 604.10(1), 604.12(2)"a," 604.31(2)"a," 604.40(2)"b,"
605.1 to 605.5, 605.5(1), 605.5(5)"b," 605.26(1), 605.26(2)"c," 615.1, 615.14(3), 615.18(2),
615.18(3), 615.19 to 615.21, 615.23, 615.24, 615.26 to 615.28, 615.31 to 615.34, 615.38(1)"a,"
615.38(5)"b"(4), 615.42, 615.45(1)"l," "m" and "n," 620.3(3)"d," 620.4(2)"c," 620.5(7), 620.6,
ch 625 title, 625.1, 625.2(1), 625.6(1), 625.6(2), 630.1(1), 641.3(1)"f," 641.3(2)"e," 641.3(3)"d" and "e,"
Filed ARC 8461A 11/18/98
Commercial air service airport infrastructure program, ch 716, Filed ARC 8462A 11/18/98
VETERINARY MEDICINE BOARD[811]
Release of information to the college student aid commission; state board examination; licensure fee;
issuance or renewal of a license to practice veterinary medicine--denial, 5.18, 6.1(1), 6.1(2), 6.2,
6.4, 6.5(1), 6.5(2), 6.6(1)"b," 6.8, 7.1, 7.1(1), 9.1(1), 9.1(2)"b," 9.2(4), 9.3, 10.1, 10.4(24), Filed ARC 8459A 11/18/98

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

The effective date of the proposed amendments will be March 31, 1999. The rule changes apply to limited benefit plans imposed effective on or after April 1, 1999. Limited benefit plans imposed in March 1999 or earlier are subject to the previous rules.
For a person who is in a limited benefit plan in March 1999, the terms of the person's existing limited benefit plan shall continue until that limited benefit plan either ends or is lifted in accordance with the previous rules. A participant who chose a limited benefit plan under the previous policy and who then chooses a limited benefit plan that becomes effective on or after April 1, 1999, shall be subject to a subsequent limited benefit plan under the provisions of the revised rules.
These amendments to change the limited benefit plan incorporate 1998 Iowa Acts, chapter 1218, sections 55 through 61, as passed by the Seventy-seventh General Assembly.
The limited benefit plan continues not to impact eligibility for the Medicaid or Food Stamp programs.
A study of participants in a first limited benefit plan revealed that most participants state that they do not understand the program rules of the limited benefit plan. The expansion of reconsideration options for first limited benefit plans protects those participants who do not understand and who do not want a limited benefit plan as they can regain FIP eligibility when they demonstrate significant contact with or action with PROMISE JOBS.
The elimination of the reduced benefit period for a first limited benefit plan simplifies the limited benefit plan for participants, as well as PROMISE JOBS and Department staff. To encourage participation, the consequences of a first limited benefit plan are more immediate to the participant's behavior resulting in the need to impose a limited benefit plan. The increase of reconsideration opportunities and the elimination of the set six-month period of ineligibility offset the effect of the more immediate consequences.
The revisions increase the participant action needed to regain FIP eligibility after a participant chooses a first limited benefit plan by not carrying out the steps of the family investment agreement or chooses a subsequent limited benefit plan. In addition to signing a family investment agreement, the participant must also complete 20 hours of activity. This additional "significant action" will discourage repeated instances of choosing subsequent and multiple limited benefit plans. The revisions allow flexibility for participants who experience changes in circumstances that cause problems or barriers to participation.
Currently, Department's Division of Economic Assistance staff review each case facing a limited benefit plan for abandonment of the family investment agreement. Theprocess was put in place to protect participants facing a limited benefit plan without reconsideration options. No Department review currently occurs for cases facing a first limited benefit plan for not signing a family investment agreement since these clients have reconsideration options. Under the revised rules, the Department believes expansion of reconsideration options eliminates the need for a Department review before implementation of any limited benefit plan.
Instead, with these changes, a review of all first limited benefit plans will be done according to procedure approved by the Division of Workforce Development Administration in the Workforce Development Department. With the revised rules, state-level Iowa Workforce Development staff will review the case circumstances of each participant who chooses a second limited benefit plan. A review of all these cases ensures that PROMISE JOBS has made every effort to provide support and to encourage participation in the family investment agreement process before imposing a second limited benefit plan. No review will be required for a third or subsequent limited benefit plan.
The limited benefit plan rule changes are required by state legislation and also result from consideration of recommendations from income maintenance and PROMISE JOBS field staff, a limited benefit plan work group, and the Welfare Reform Advisory Group.
State legislation says "significant contact or action in regard to the JOBS program" means the individual participant communicates to the JOBS program worker the desire to engage in JOBS program activities, signs a new or updated family investment agreement, and takes any other action required by the Department in accordance with rules adopted for this purpose. The Department has defined "other action" as 20 hours of participation in certain activities for those who have abandoned family investment agreements. The Department chose the proposed definition of "other action" with the belief that once a participant has chosen a limited benefit plan, the participant must demonstrate a willingness to participate through action rather than a mere statement. The option to define "other action" as resolution of the original issue that caused the imposition of the limited benefit plan was rejected due to the variance of specific participation issues. Such a definition would require a specific definition for each participation issue, which would be too complicated for participants and staff. The Department is precluding activity in unpaid work experience or volunteer work to ensure there is no conflict with provisions of the Fair Labor Standards Act. The Department welcomes comments on the proposed definition of "other action."
The Department considered alternatives to the type and level of review that should occur before a limited benefit plan is initiated. The Department believes there is no longer a need for a state-level review by the Department of any limited benefit plan because all participants in first limited benefit plans will have the right to reconsider their limited benefit plan at any time, and participants going into a second or subsequent limited benefit plan should be aware of the consequences of their actions. The Department is requiring some level of review of first and second limited benefit plans by the Workforce Development Department at the state or local level to provide some measure of protection. There are no changes in appeal rights. Clients still have the right to a hearing before an administrative law judge in the Department of Inspections and Appeals. The Department believes the revised review procedures best serve the interest of FIP participants, PROMISE JOBS, and the Department.
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 December 9, 1998.
Oral presentations may be made by persons appearing at the following meetings. Written comments will also be accepted at these times.
Cedar Rapids - December 9, 1998 10 a.m.
Cedar Rapids Regional Office
Iowa Building - Suite 600
Sixth Floor Conference Room
411 Third St. S.E.
Cedar Rapids, Iowa 52401
Council Bluffs - December 9, 1998 9 a.m.
Administrative Conference Room
Council Bluffs Regional Office
417 E. Kanesville Boulevard
Council Bluffs, Iowa 51501
Davenport - December 10, 1998 10 a.m.
Davenport Area Office
Bicentennial Building - Fifth Floor
Conference Room 3
428 Western
Davenport, Iowa 52801
Des Moines - December 9, 1998 1:30 p.m.
Des Moines Regional Office
City View Plaza
Conference Room 104
1200 University
Des Moines, Iowa 50314
Mason City - December 10, 1998 10 a.m.
Mason City Area Office
Mohawk Square, Liberty Room
22 North Georgia Avenue
Mason City, Iowa 50401
Ottumwa - December 9, 1998 10 a.m.
Ottumwa Area Office
Conference Room 3
120 East Main
Ottumwa, Iowa 52501
Sioux City - December 10, 1998 1 p.m.
Sioux City Regional Office
Fifth Floor
520 Nebraska St.
Sioux City, Iowa 51101
Waterloo - December 9, 1998 10 a.m.
Waterloo Regional Office
Pinecrest Office Building
Conference Room 420
1407 Independence Avenue
Waterloo, Iowa 50703
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.
These amendments are intended to implement Iowa Code Supplement section 239B.9, and 1998 Iowa Acts, chapter 1218, sections 55 to 61.
The following amendments are proposed.
ITEM 1. Amend subrule 7.5(8) as follows:
7.5(8) Appeal rights under the family investment program limited benefit plan. A participant only has the right to appeal the establishment of the limited benefit plan once, but, for a first limited benefit plan there shall be two opportunities to do so. A participant in a first limited benefit plan has the right to appeal the limited benefit plan at the time the department issues timely and adequate notice establishing the limited benefit plan or at the time the department issues the subsequent notice that establishes the six-month period of ineligibility. A participant who has chosen a second or subsequent limited benefit plan has the right to appeal only at the time the department issues the timely and adequate notice that establishes the six-month period of ineligibility limited benefit plan. However, when the reason for the appeal is based on an incorrect grant computation, an error in determining the eligible group, or another worker error, a hearing shall be granted when the appeal otherwise meets the criteria for hearing.
ITEM 2. Amend 441--Chapter 40 by changing the parenthetical implementation statutes "239" and "77GA, SF516" to "239B" wherever they appear.
ITEM 3. Amend rule 441--40.23(239B) as follows:
441--40.23(239B) Date of application. The date of application is the date an identifiable Public Assistance Application, Form PA-2207-0 470-0462 or Form PA-2230-0 470-0466 (Spanish), Form 470-3112, Application for Assistance, Part 1, or Form 470-3122 (Spanish), is received in any local or area office or by an income maintenance worker in any satellite office or by a designated worker who is in any disproportionate share hospital, federally qualified health center or other facility in which outstationing activities are provided. The disproportionate share hospital, federally qualified health center or other facility will forward the application to the department office which is responsible for the completion of the eligibility determination. An identifiable application is an application containing a legible name and address that has been signed.
A new application is not required when adding a person to an existing eligible group. This person is considered to be included in the application that established the existing eligible group. However, in these instances, the date of application to add a person is the date the change is reported. When it is reported that a person is anticipated to enter the home, the date of application to add the person shall be the date of the report.
In those instances where a person previously excluded from the eligible group as described at 441--subrule 41.27(11) is to be added to the eligible group, the date of application to add the person is the date the person indicated willingness to cooperate.
EXCEPTIONS: When adding a person who was previously excluded from the eligible group for failing to comply with 441--subrule 41.22(13), the date of application to add the person is the date the social security number or proof of application for a social security number is provided.
When adding a person who was previously excluded from the eligible group as described at 441--subrules 41.24(8), 41.25(5), and 46.28(2), and rule 441--46.29(77GA,SF516 239B), the date of application to add the person is the day after the period of ineligibility has ended.
When adding a person who was previously excluded from the eligible group as described at 441--subrule 41.24(8), the date of application to add the person is the date the person signs a family investment agreement.
This rule is intended to implement 1997 Iowa Acts, Senate File 516, section 3 Iowa Code Supplement section 239B.2.
ITEM 4. Amend rule 441--40.26(239B) as follows:
441--40.26(239B) Effective date of grant. New approvals shall be effective as of the date the applicant becomes eligible for assistance, but in no case shall the effective date be earlier than seven days following the date of application. When an individual is added to an existing eligible group, the individual shall be added effective as of the date the individual becomes eligible for assistance, but in no case shall the effective date be earlier than seven days following the date the change is reported. When it is reported that a person is anticipated to enter the home, the effective date of assistance shall be no earlier than the date of entry or seven days following the date of report, whichever is later.
When the change is timely reported as described at subrule 40.27(4), a payment adjustment shall be made when indicated. When the individual's presence is not timely reported as described at subrule 40.27(4), excess assistance issued is subject to recovery.
In those instances where a person previously excluded from the eligible group as described at 441--subrule 41.27(11) is to be added to the eligible group, the effective date of eligibility shall be seven days following the date the person indicated willingness to cooperate. However, in no instance shall the person be added until cooperation has actually occurred.
EXCEPTIONS: When adding a person who was previously excluded from the eligible group for failing to comply with 441--subrule 41.22(13), the effective date of eligibility shall be seven days following the date that the social security number or proof of application for a social security number is provided.
When adding a person who was previously excluded from the eligible group as described at 441--subrules 41.24(8), 41.25(5), and 46.28(2), and rule 441--46.29(77GA,SF516 239B), the effective date of eligibility shall be seven days following the date that the period of ineligibility ended.
When adding a person who was previously excluded from the eligible group as described at 441--subrule 41.24(8), the effective date of eligibility shall be seven days following the date the person signs a family investment agreement. In no case shall the effective date be within the six-month ineligibility period of a subsequent limited benefit plan as described at 441--paragraph 41.24(8)"a."
This rule is intended to implement 1997 Iowa Acts, Senate File 516, section 4 Iowa Code Supplement section 239B.3.
ITEM 5. Amend 441--Chapter 41 by changing the parenthetical implementation statutes "239" and "77GA, SF516" to "239B" wherever they appear.
ITEM 6. Amend rule 441--41.24(239B) as follows:
Rescind subrule 41.24(1), paragraph "d," and adopt the following new paragraph "d" in lieu thereof:
d. Applicants who have chosen and are in a limited benefit plan that began on or after April 1, 1999, shallcomplete significant contact with or action in regard toPROMISE JOBS as described at paragraphs 41.24(8)"a" and "d" for FIP eligibility to be considered. For two-parent households, both parents must participate as previously stated except when one parent meets an exemption criteria described at subrule 41.24(2).
Amend subrule 41.24(4) as follows:
41.24(4) Method of referral.
a. While the eligibility decision is pending, applicants in a limited benefit plan that began on or after April 1, 1999, shall receive a letter which contains information about the need to complete significant contact with or action in regard to the PROMISE JOBS program to be eligible for FIP assistance and the procedure for being referred to the PROMISE JOBS program.
b. When the FIP application is approved or when exempt status is lost, volunteers and persons who are not exempt from referral to PROMISE JOBS shall receive a letter which contains information about participant responsibility under PROMISE JOBS and the FIA and reminds instructs the FIP participant to contact PROMISE JOBS within ten calendar days to schedule the PROMISE JOBS orientation. A referral file of volunteers and persons who are not exempt from referral shall be provided to the appropriate PROMISE JOBS provider agencies.
Amend subrule 41.24(8) as follows:
41.24(8) The limited benefit plan (LBP). When a participant responsible for signing and meeting the terms of afamily investment agreement as described at rule 441-- 93.109(249C 239B) chooses not to sign or fulfill the terms of the agreement, the FIP eligible group or the individual participant shall enter into a limited benefit plan. The first month of the limited benefit plan is the first month after the month in which timely and adequate notice is given to the participant as defined at 441--subrule 7.7(1). A participant who is exempt from PROMISE JOBS is not subject to the limited benefit plan.
a. A limited benefit plan shall either be a first limited benefit plan or a subsequent limited benefit plan. From the effective date of the limited benefit plan, for a first limited benefit plan, the FIP household shall not be eligible for up to three months of benefits based on the needs of the children only. until the participant who chose the limited benefit plan completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph "d." At the end of the three-month period of reduced benefits, the FIP eligible group becomes ineligible for FIP benefits for a six-month period. If a second or subsequent limited benefit plan is chosen by the same participant, a subsequent six-month period of ineligibility applies. and ineligibility continues after the six-month period is over until the participant who chose the LBP completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph "d." A limited benefit plan imposed in error shall not be considered a first limited benefit plan. A limited benefit plan is considered imposed when timely and adequate notice is issued establishing the limited benefit plan.
b. The limited benefit plan shall be applied to participants responsible for the family investment agreement and other members of the participant's family as follows:
(1) When the participant responsible for the family investment agreement is a parent or needy caretaker relative, for a first limited benefit plan, the FIP eligible group is eligible for up to three months of benefits based on the needs of the children only the limited benefit plan shall apply to the entire FIP eligible group as defined at subrule 41.28(1). At the end of the three-month period of reduced benefits, the FIP eligible group becomes ineligible for FIP benefits for a six-month period. For a second or subsequent limited benefit plan chosen by the same participant, a subsequent six-month period of ineligibility applies. If the eligible group reapplies for assistance after the six-month period of ineligibility, eligibility shall be established in the same manner as for any other new applicant.
(2) When the participant choosing a limited benefit plan is a needy relative who acts as payee when the parent is in the home but is unable to act as payee, or is a dependent child's stepparent who is in the FIP eligible group because of incapacity or caregiving, the limited benefit plan shall apply only to the individual participant choosing the plan. For a first limited benefit plan, the individual participant choosing the limited benefit plan is ineligible for nine months from the effective date of the limited benefit plan. For a second or subsequent limited benefit plan chosen by the same individual participant, a subsequent six-month period of ineligibility applies.
(3) No change.
(4) When the FIP eligible group includes children who are mandatory PROMISE JOBS participants, the children shall not have a separate family investment agreement but shall be asked to sign the eligible group's family investment agreement and to carry out the responsibilities of that family investment agreement. A limited benefit plan shall be applied as follows:
1. When the parent or needy caretaker relative responsible for a family investment agreement meets those responsibilities but a child who is a mandatory PROMISE JOBS participant chooses an individual limited benefit plan, the FIP eligible group is eligible for reduced benefits during the child's limited benefit plan shall apply only to the individual child choosing the plan. However, the child is ineligible for nine months for a first limited benefit plan, and for six months for a second or subsequent limited benefit plan.
2. No change.
(5) No change.
(6) When the FIP eligible group includes two parents both parents of a FIP child are in the home, a limited benefit plan shall be applied as follows:
1. When only one parent of a child in the eligible group is responsible for a family investment agreement and that parent chooses the limited benefit plan, the limited benefit plan applies to the entire family and cannot be ended by the voluntary participation in a family investment agreement by the exempt parent. However, for a first limited benefit plan, the exempt parent may continue to be included in the eligible group FIP grant during the three-month reduced benefit period by volunteering to participate in the PROMISE JOBS FIP-unemployed parent work program. If a second or subsequent limited benefit plan is chosen by either parent, the FIP eligible group becomes ineligible for a six-month period beginning with the effective date of the limited benefit plan.
2. When both parents of a child in the eligible group are responsible for a family investment agreement, both are expected to sign the agreement. If either parent chooses the limited benefit plan, the limited benefit plan cannot be ended by the participation of the other parent in a family investment agreement. However, for a first limited benefit plan, the other parent may continue to be included in the eligible group's FIP grant during the three-month reduced benefit period by participating in the PROMISE JOBS FIP-unemployed parent work program. If a second or subsequent limited benefit plan is chosen by either parent, the FIP eligible group becomes ineligible for a six-month period beginning with the effective date of the limited benefit plan.
3. When the parents from a two-parent eligible group family in a limited benefit plan separate, the limited benefit plan shall follow only the parent who chose the limited benefit plan and any children in the home of that parent.
4. A subsequent limited benefit plan applies when either parent in a two-parent family previously chose a limited benefit plan.
c. A participant shall be considered to have chosen a limited benefit plan under any of the following circumstances:
(1) A participant who does not establish an orientation appointment with the PROMISE JOBS program as described at 441--subrule 93.105(2) or who fails to keep or reschedule an orientation appointment shall receive a one reminder letter which informs the participant that those who do not attend orientation have elected to choose the limited benefit plan. A participant who chooses not to respond to the reminder letter does not establish an orientation appointment within ten calendar days from the mailing date of the reminder letter or who fails to keep or reschedule an orientation appointment shall receive notice establishing the limited benefit plan, the beginning date of the period of reduced benefits, for a first limited benefit plan, and the beginning and ending dates of the six-month period of ineligibility. Timely and adequate notice provisions as in 441--subrule 7.7(1) apply.
(2) No change.
(3) A participant who signs a family investment agreement but does not carry out the family investment agreement responsibilities shall be deemed to have chosen a limited benefit plan as described in subparagraph (1). This includes a participant who fails to respond to the PROMISE JOBS worker's request to renegotiate the family investment agreement when the participant has not attained self-sufficiency by the date established in the family investment agreement. A limited benefit plan shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the family investment agreement.
d. A participant who chooses a limited benefit plan may reconsider that choice as follows:
(1) A participant who chooses a first limited benefit plan rather than sign a family investment agreement shall have through the entire three-month period of reduced benefits following the effective date of the limited benefit plan to reconsider and begin development of may reconsider at any time from the date timely and adequate notice is issued establishing the limited benefit plan. To reconsider, the participant must communicate the desire to engage in PROMISE JOBS activities to the department or appropriate PROMISE JOBS office and develop and sign the family investment agreement. The participant may contact the department or the appropriate PROMISE JOBS program office anytime from the date timely and adequate notice is issued establishing the limited benefit plan through the first three months of the limited benefit plan to begin the reconsideration process. Although FIP benefits shall not begin until the participant signs a family investment agreement during the PROMISE JOBS program orientation and assessment process, retroactive benefits shall be issued as described in rule 441-- 40.26(239). A limited benefit plan imposed in error shall not be considered a first limited benefit plan. A limited benefit plan is considered imposed when timely and adequate notice is issued establishing the limited benefit plan. FIP benefits shall be effective the date the family investment agreement is signed, or as described in rule 441--40.26(239B) for effective date of grant, whichever date is later. FIP benefits may be reinstated in accordance with subrule 40.22(5) when the family investment agreement is signed before the limited benefit plan goes into effect.
(2) A participant who signs a family investment agreement but does not and chooses a first limited benefit plan rather than carry out the family investment agreement responsibilities shall be deemed to have chosen a limited benefit plan and shall not be allowed to reconsider that choice may reconsider at any time from the date timely and adequate notice is issued establishing the limited benefit plan. To reconsider, the participant must communicate the desire to engage in PROMISE JOBS activities to the department or appropriate PROMISE JOBS office, sign or re-sign a new or updated family investment agreement, and satisfactorily complete 20 hours of employment or the equivalent in an activity other than work experience or unpaid community service, unless problems or barriers as described at rules 441-- 93.133(239B) and 93.134(239B) apply. The 20 hours of employment or other activity must be completed within 30 days of the date that the family investment agreement is signed unless problems or barriers as described at rules 441-- 93.133(239B) and 93.134(239B) apply. FIP benefits shall not begin until the person who chose the limited benefit plan completes the previously defined significant actions. FIP benefits shall be effective the date the family investment agreement is signed, or as described in rule 441-- 40.26(239B) for effective date of grant, whichever date is later. FIP benefits may be reinstated in accordance with 441-- subrule 40.22(5) when the significant actions have occurred before the limited benefit plan goes in effect. This includes a participant who fails to respond to the PROMISE JOBS worker's request to renegotiate the family invest-ment agreement when the participant has not attained self-sufficiency by the date established in the family investment agreement. A limited benefit plan shall be imposed regardless of whether the request to renegotiate is made prior to or after expiration of the family investment agreement.
(3) A participant who chooses a second or subsequent limited benefit plan shall not be allowed to may reconsider that choice at any time following the required six-month period of ineligibility. To reconsider, the participant must contact the department or the appropriate PROMISE JOBS office to communicate the desire to engage in PROMISE JOBS activities, sign a new or updated family investment agreement, and satisfactorily complete 20 hours of employment or the equivalent in an activity other than work experience or unpaid community service, unless problems or barriers as described at rules 441--93.133(239B) and 93.134(239B) apply. The 20 hours of employment or other activity must be completed within 30 days of the date that the family investment agreement is signed, unless problems or barriers as described at rules 441--93.133(239B) and 93.134(239B) apply. FIP benefits shall not begin until the person who chose the limited benefit plan completes the previously defined significant actions. FIP benefits shall be effective the date the family investment agreement is signed, or as described in rule 441--40.26(239B) for effective date of grant, whichever date is later, but in no case shall the effective date be within the six-month period of ineligibility.
(4) For a two-parent family when both parents are responsible for a family investment agreement as described at subrule 41.24(1), a first or subsequent limited benefit plan continues until both parents have completed significant contact or action with the PROMISE JOBS program as described in subparagraphs (1), (2) and (3) above.
(5) Persons reconsidering their limited benefit plans are not entitled to priority program services as long as other participants are waiting for services.
e. When a participant has chosen a subsequent limited benefit plan, a qualified social services professional shall attempt to visit with the participant to inquire into the family's family with a focus upon the children's well-being. The visit shall be performed during or within four weeks of the second month of the start of the subsequent limited benefit plan. The visit shall serve as an extension of the family investment program and the family investment agreement philosophy of supporting families as they move toward self-sufficiency. The department may contract for those services the visit. The visit shall be made in accordance with the following:
(1) For a participant in a first limited benefit plan who has the reconsideration option, a qualified social services professional, as defined at 441--subrule 185.10(1), shall inquire into the well-being of the family during month two of the reduced benefit period. If the participant who is responsible for a family investment agreement indicates a desire to develop a family investment agreement, the qualified social services professional shall assist the participant in establishing an appointment with the appropriate PROMISE JOBS program office.
(2) For a participant in a first limited benefit plan who does not enter into the family investment agreement process during the three-month reconsideration period, a qualified social services professional shall make another inquiry as to the well-being of the family during month four of the limited benefit plan.
(3) A participant who signs the family investment agreement but does not carry out family investment agreement responsibilities and, consequently, has chosen a first limited benefit shall not be allowed to reconsider that choice. However, a social services professional shall inquire as to the well-being of the family during month four of the limited benefit plan.
(4) A participant who has chosen a second or subsequent limited benefit plan shall not be allowed to reconsider that choice. However, a qualified social services professional shall inquire into the well-being of the family during month two of the limited benefit plan.
Amend subrule 41.24(9), catchwords, as follows:
41.24(9) Nonparticipation by volunteers volunteer participants.
Adopt the following new subrule 41.24(11):
41.24(11) Implementation. A limited benefit plan imposed effective on or after April 1, 1999, shall be imposed according to the revised rules becoming effective on that date. A limited benefit plan imposed effective on or before March 1, 1999, shall be imposed subject to the previous rules for the limited benefit plan. For a person who is in a limited benefit plan on March 1, 1999, the terms of the person's existing limited benefit plan shall continue until that limited benefit plan either ends or is lifted in accordance with previous limited benefit plan rules. A participant who chose a limited benefit plan under the previous policy and who then chooses a limited benefit plan that becomes effective on or after April 1, 1999, shall be subject to a subsequent limited benefit plan under the provisions of the revised rules.
ITEM 7. Amend rule 441--93.104(239B) as follows:
Rescind subrule 93.104(3) and adopt the following new subrule in lieu thereof:
93.104(3) Applicants in a limited benefit plan who must complete significant contact with or action in regard to PROMISE JOBS for FIP eligibility to be considered, as described at 441--paragraphs 41.24(8)"a" and "d," are eligible for expense allowances for the 20 hours of activity. However, PROMISE JOBS services and allowances are only available when it appears the applicant will otherwise be eligible for FIP.
Amend subrule 93.104(4) as follows:
93.104(4) Volunteers and persons FIP participants who are responsible for the FIA shall contact the appropriate PROMISE JOBS office to schedule an appointment for PROMISE JOBS orientation within ten calendar days of notice that the FIP application is approved or that exempt status is lost and FIA responsibility has begun.
ITEM 8. Amend subrule 93.105(2) as follows:
93.105(2) Call-up Service upon referral. FIP applicants and participants who are referred to PROMISE JOBS after January 1, 1994, shall initiate call-up service for PROMISE JOBS orientation by contacting the appropriate PROMISE JOBS office within ten calendar days of the mailing date of the notice of FIP approval or within ten calendar days of notice that exempt status has been lost and FIA responsibility has begun, as required under 441--subrule 41.24(5).
PROMISE JOBS provider agencies shall schedule FIA orientation appointments at the earliest available times for FIP participants who contact the appropriate PROMISE JOBS office within the ten days except when the department exercises administrative authority to require prioritization of orientation services to ensure that specific groups receive services in order to achieve self-sufficiency in the shortest possible time, to meet federal minimum participation rate requirements and other TANF requirements.
Applicants who have chosen and are in a limited benefit plan are referred to PROMISE JOBS and must initiateservice by contacting the department or the appropriate PROMISE JOBS office as described at 441--subrule 41.24(1). The applicants who communicate the desire to engage in PROMISE JOBS activities shall be scheduled to begin or resume the family investment agreement process.
a. to f. Rescinded IAB 12/3/97, effective 2/1/98.
The department reserves the authority to prioritize orientation and other services to FIP applicants and participants in whatever order best fits the needs of participants and the PROMISE JOBS program.
Participants Applicants and participants who are participating in the food stamp employment and training (FSET) program at the time of call-up referral shall be allowed to use the FSET component in which they are currently enrolled as the first step in the FIA. This does not apply to persons who drop out of the FSET component.
ITEM 9. Amend rule 441--93.138(239B) as follows:
Rescind subrules 93.138(2) and 93.138(3) and adopt the following new subrules in lieu thereof:
93.138(2) Resolution process for FIP participants who choose a first limited benefit plan. Before a notice of decision establishing a first limited benefit plan is issued, the case shall be reviewed in a procedure approved by the division of workforce development administration in the workforce development department. The procedure may include review by state-level division of workforce development administration staff or by a regional PROMISE JOBS manager, a PROMISE JOBS supervisor, an income maintenance supervisor, a person designated to coordinate services for FIP participants in the area, or a combination of any of the above. Approval of any review procedure at less than the state level for participants choosing a limited benefit plan by not carrying out the FIA responsibilities shall occur only after the service delivery region demonstrates satisfactory performance of the resolution process.
The notice of decision establishing a first limited benefit plan shall inform the FIP participant that the participant may reconsider at any time from the date timely and adequate notice is issued establishing the limited benefit plan. The notice of decision shall inform the participant that the participant shall contact the department or appropriate PROMISE JOBS office to reconsider the limited benefit plan.
a. For participants who choose a first limited benefit plan rather than sign a family investment agreement, the notice of decision shall inform the participant of the action needed to reconsider the limited benefit plan as described at 441--subparagraph 41.24(8)"d"(1).
(1) When the participant contacts either the income maintenance worker or the PROMISE JOBS office, the participant shall be scheduled to begin or resume development of the FIA as described elsewhere in these rules.
(2) When the FIA is signed, the PROMISE JOBS worker shall notify the department and the limited benefit plan shall be terminated. FIP benefits shall be effective as described at 441--subparagraph 41.24(8)"d"(1).
b. For participants who choose a first limited benefit plan by not carrying out the FIA responsibilities, thePROMISE JOBS worker shall make every effort to negotiate for a solution, clearing misunderstanding of expectations or identifying barriers to participation which should be addressed in the FIA. The PROMISE JOBS supervisor shall be involved to provide further advocacy, counseling, or negotiation support, such as when a participant fails to respond to the PROMISE JOBS worker's request to renegotiate the FIA when the participant has not attained self-sufficiency by the date established in the FIA. An LBP shall be imposed regardless of whether the request to renegotiate is made prior to or after expiration of the FIA.
(1) Local PROMISE JOBS management shall have the option to involve an impartial third party to assist in a resolution process. Arrangements shall be indicated in the local services plan of the local service delivery region.
(2) If the above resolution actions do not lead to fulfillment of the FIA, the case shall be referred for review as previously stated in this rule.
(3) If the above steps do not lead to fulfillment of the FIA, the FIP participant is considered to have chosen the limited benefit plan and the notice of decision shall be initiated. The notice of decision shall inform the participant of the action needed to reconsider the limited benefit plan as described at 441--subparagraph 41.24(8)"d"(2).
(4) When the participant contacts either the income maintenance worker or the PROMISE JOBS office, the participant shall be scheduled to sign a new or updated FIA and to begin the significant action as described at 441--subparagraph 41.24(8)"d"(2).
(5) When the FIA is signed and the participant has satisfactorily completed significant action, the PROMISE JOBS worker shall notify the department and the limited benefit plan shall be terminated. FIP benefits shall be effective as described at 441--subparagraph 41.24(8)"d"(2).
c. Appeal rights under the limited benefit plan are described at rule 441--93.140(239B), and judicial review upon petition of the participant is always available.
93.138(3) Resolution process for FIP participants who choose a subsequent limited benefit plan. The notice of decision establishing a subsequent limited benefit plan shall inform the FIP participant that the participant may reconsider at any time following the six-month ineligibility period. To reconsider, the participant must complete significant contact with or action in regard to the PROMISE JOBS program as described at 441--subparagraph 41.24(8)"d"(3). When the six-month ineligibility period ends, and the participantcontacts either the income maintenance worker or thePROMISE JOBS office, the participant shall be scheduled to sign a new or updated FIA and to begin significant action as described at 441--subparagraph 41.24(8)"d"(3). When the FIA is signed and the participant has satisfactorily completed the significant action, the PROMISE JOBS worker shall notify the department and the limited benefit plan shall be terminated. FIP benefits shall be effective as described at 441--subparagraph 41.24(8)"d"(3).
a. For participants who choose a subsequent limited benefit plan as described at 441--subparagraph 41.24(8)"c"(1), the PROMISE JOBS supervisor shall send the participant one letter to explain the consequences of a subsequent limited benefit plan and to offer the participant an additional ten calendar days to schedule an orientation appointment before a notice of decision establishing the subsequent limited benefit plan is issued.
b. For participants who choose a subsequent limited benefit plan by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall make every effort to negotiate for a solution, clearing misunderstanding of expectations or identifying barriers to participation which should be addressed in the FIA, such as when a participant fails to respond to the PROMISE JOBS worker's request to renegotiate the FIA when the participant has not attained self-sufficiency by the date established in the FIA. An LBP shall be imposed regardless of whether the request to renegotiate is made prior to or after expiration of the FIA.
(1) The PROMISE JOBS supervisor shall be involved to provide further advocacy, counseling, or negotiation support. The resolution actions of the supervisor shall be documented in the participant case file.
(2) Local PROMISE JOBS management shall have the option to involve an impartial third party to assist in a resolution process. Arrangements shall be indicated in the local services plan of the local service delivery region.
c. Before a notice of decision to establish a second limited benefit plan is issued, the case shall be referred to the division of workforce development administration for a review by state-level workforce development department staff.
d. If the above steps do not lead to fulfillment of the FIA, the FIP participant is considered to have chosen a subsequent limited benefit plan and the notice of decision establishing the limited benefit plan shall be initiated. The notice of decision shall inform the participant of the action needed toreconsider the limited benefit plan as described at 441--subparagraph 41.24(8)"d"(3).
e. Appeal rights under the limited benefit plan are described at rule 441--93.140(239B), and judicial review upon petition of the participant is always available.
f. A qualified professional shall attempt to visit with the participant family with a focus upon the children's well-being as described at subrule 93.138(4).
Amend subrule 93.138(4), introductory paragraphs and paragraph "a," as follows:
93.138(4) Check on the well-being of the family children in subsequent LBP households. For FIP households who have chosen the a subsequent LBP, the department shall provide for a qualified social services professionals to provide home visits to make inquiry into the professional shall attempt to visit with the participant family with a focus upon the children's well-being of the family in circumstances as described at 441--subrule 41.24(8)"e"(1) to (4). A qualified social services professional is a person meeting the qualifications for education and experience set forth at 441--subrule 185.10(1) for the type of service provided. The visit shall be performed during or within four weeks of the second month of the start of the subsequent benefit plan. The department may contract out for these services.
All visits to the FIP household shall be made in the spirit of supporting families who have chosen the LBP. The instructions for the visits shall be written to make it clear that these visits are an extension of the FIP and FIA philosophy of supporting families as they move toward self-sufficiency. If at any of the visits, initial or follow-up, the family denies entry to the qualified social services professional, this fact shall be reported to the department and no further action shall be taken.
a. For participants who choose a first limited benefit plan before signing the FIA, the qualified social services professional shall visit the family during month two of the limited benefit plan. The qualified social services professional shall visit the family in a spirit of supporting the family to move toward self-sufficiency, which could mean engagement into the FIA process, or exploring with the family their alternative plan, identifying areas where the qualified social services professional can help.
The qualified social services professional's home visit shall include, but is not limited to, discussing reasons for not participating in the FIA; offering to problem solve with perceived problems of the FIA participation; being a liaison with PROMISE JOBS and IM; recommending to IM when conditions seem to warrant exemption; assessing family ability to assess their situation and plan for the well-being of the family; discussing specific future plans, for example, child care, to ensure that the family has realistic plans; using the minimum sufficient level of care concept as the standard for evaluating the family plan for the future; planning appropriate follow-up visits or referrals for services if the minimum sufficient level of care standard is not met.
When the participant who is responsible for a family investment agreement indicates a desire to develop a family investment agreement, the qualified social services professional shall assist the participant in establishing an appointment with the appropriate PROMISE JOBS office.
Further amend subrule 93.138(4) by rescinding and reserving paragraph "b."
ITEM 10. Amend subrule 93.140(2) as follows:
93.140(2) Appeal rights under the limited benefit plan. A participant only has the right to appeal the establishment of the limited benefit plan once but for a first limited benefit plan there shall be two opportunities to do so. A participant in a first limited benefit plan has the right to appeal the limited benefit plan at the time the department issues timely and adequate notice establishing the limited benefit plan, or at the time the department issues the subsequent notice that establishes the six-month period of ineligibility. A participant who has chosen a second or subsequent limited benefit plan has the right to appeal only at the time the department issues the timely and adequate notice that establishes the six-month period of ineligibility the limited benefit plan.
However, when the reason for the appeal is based on incorrect grant computation, an error in determining the eligible group, or another worker error, a hearing shall be granted when the appeal otherwise meets the criteria for hearing.
ARC 8465A

Where: C = Concentration of contaminant (soil: mg/kg, water: mg/l)
RF = Risk factor
For protection from cancer health risks:
RF = TR÷SF
Where: TR = Target cancer risk (unitless)
SF = Oral slope factor per (mg/kg)/day;
see paragraph "c" for source.
For protection from noncancer health risks:
RF = THQ _ RfD
Where: THQ = Target hazard quotient (unitless)
RfD = Oral reference dose (mg/kg)/day;
see paragraph "c" for source.
AT = Averaging time (years); time over which exposure is
averaged and potential adverse effects may occur
Abs = Absorption factor (unitless); portion of exposed
contaminant absorbed by the body
ER_c = Exposure rate by a child (soil: mg/day, water: l/day)
EF_c = Exposure frequency by a child (days/year)
ED_c = Exposure duration by a child (years)
BW_c = Body weight of exposed child (kg)
ER_a = Exposure rate by an adult (soil: mg/day, water: l/day)
EF_a = Exposure frequency by an adult (days/year)
ED_a = Exposure duration by an adult (years)
BW_a = Body weight of exposed adult (kg)
CF = Conversion factor: 10^-6 kg/mg for soils;
1 (unitless) for water
b. Carcinogenic classification of chemicals. The potential carcinogenicity of chemicals will be based on the weight-of-evidence classification system utilized by the U.S. Environmental Protection Agency (EPA). Risk-based concentrations will be based on cancer health effects for chemicals that are classified as Group A or Group B. Risk-based concentrations will be based on noncancer health effects for chemicals that are classified as Group C, Group D or Group E. In the absence of such classification for a chemical, the Group D classification will be assumed.
c. Source of toxicity values. Source of information on toxicity factors (e.g., oral reference doses and oral slope factors) and carcinogenic classification for chemicals shall be in accordance with the following hierarchy. The most recent version of each shall be used.
(1) EPA's Integrated Risk Information System (IRIS).
(2) EPA's Health Effects Assessment Summary Tables (HEAST).
(3) Best available information, including consultation with toxicologists at EPA's National Center for Exposure Assessment in Cincinnati, Ohio.
137.5(4) Statewide standards for groundwater.
a. Protected groundwater source. Statewide standards for groundwater in a protected groundwater source will be the enforceable Maximum Contaminant Level (MCL) established by the EPA pursuant to the Safe Drinking Water Act, if one exists. If no enforceable MCL exists, the statewide standard for chemicals will be the lifetime health advisory level (HAL) as provided in the latest "Drinking Water Regulations and Health Advisories" by the EPA's Office of Water or equivalent. If no MCL or HAL exists, the statewide standard for a chemical will be calculated using Formula I and input variables for groundwater ingestion in accordance with the following subparagraphs.
(1) Input variables for calculating statewide standards for chemicals in groundwater from a protected groundwater source based on cancer risk are as follows:
TR = 5 _ 10^-6
SF = Chemical-specific (see paragraph 137.5(3)"c")
AT = 70 years
Abs = 1
ER_c = 1 l/day
EF_c = 0 days/year
ED_c = 6 years
BW_c = 15 kg
ER_a = 2 l/day
EF_a = 365 days/year
ED_a = 70 years
BW_a = 70 kg
CF = 1
(2) Input variables for calculating statewide standards for chemicals in groundwater from a protected groundwater source based on noncancer risk are as follows:
THQ_c = 0.02 (Group C chemicals); THQ_D,E = 0.2 (Group D and E chemicals)
RfD = Chemical-specific (see paragraph 137.5(3)"c")
AT = 70 years
Abs = 1
ER_c = 1 l/day
EF_c = 0 days/year
ED_c = 6 years
BW_c = 15 kg
ER_a = 2 l/day
EF_a = 365 days/year
ED_a = 70 years
BW_a = 70 kg
CF = 1
b. Groundwater in a nonprotected groundwater source. The statewide standard for a Group A or B chemical, except arsenic, in groundwater in a nonprotected groundwater source will be 20 times the statewide standard for the chemical in a protected groundwater source or a risk-based concentration using Formula I with TR = 10^-4 and the exposure factors specified in subparagraph 137.5(4)"a"(1), whichever is larger. The statewide standard in a nonprotected groundwater source for arsenic will be 0.1 mg/l. The statewide standard for a Group C chemical in a nonprotected groundwater source will be 50 times the statewide standard for the chemical in a protected groundwater source. The statewide standard for a Group D or E chemical in a nonprotected groundwater source will be 5 times the statewide standard for the chemical in a protected groundwater source. However, in no case will the statewide standard for a Group C, D, or E chemical in a nonprotected groundwater source be less than a risk-based concentration using Formula I with a THQ = 1 and exposure factors as specified in subparagraph 137.5(4)"a"(2). The statewide standards for groundwater in a nonprotected groundwater source are based on groundwater ingestion only.
137.5(5) Statewide standards for soil. Statewide standards for chemicals in soil, except lead, will be calculated using Formula I based on incidental ingestion of soil and dust with input variables in accordance with the following paragraphs. The statewide standard for lead in soil shall be 400 mg/kg.
a. Input variables for calculating statewide standards for chemicals in soil based on cancer risk are as follows:
TR = 5 _ 10^-6
SF = Chemical-specific (see paragraph 137.5(3)"c")
AT = 70 years
Abs = 1
ER_c = 200 mg/day
EF_c = 350 days/year
ED_c = 6 years
BW_c = 15 kg
ER_a = 100 mg/day
EF_a = 350 days/year
ED_a = 64 years
BW_a = 70 kg
CF = 10^-6 kg/mg
b. Input variables for calculating statewide standards for chemicals in soil based on noncancer risks are as follows:
THQ = 1
RfD = Chemical-specific (see paragraph 137.5(3)"c")
AT = 6 years
Abs = 1
ER_c = 200 mg/day
EF_c = 350 days/year
ED_c = 6 years
BW_c = 15 kg
ER_a = 100 mg/day
EF_a = 350 days/year
ED_a = 0 years
BW_a = 70 kg
CF = 10^-6 kg/mg
137.5(6) Statewide standards for surface water. Water quality standards pursuant to 567--Chapter 61 shall be considered statewide standards for surface water. If a promulgated water quality standard does not exist for a contami-nant of concern, the department may establish an appropriate standard in a manner consistent with 567--Chapter 61.
137.5(7) Statewide standards for air. Ambient air quality standards pursuant to 567--Chapter 28 constitute statewide standards for air. Air emission sources must meet air quality emission standards as set forth in 567--Chapters 20 through 31 inclusively, as applicable. Any relevant air quality standard that is subsequently promulgated by statute or rule shall become a statewide standard for air upon the effective date of adoption by the state. In the absence of applicable, adopted standards, site-specific air standards must be met, in accordance with subrule 137.6(8), when air quality issues are addressed at a site.
137.5(8) Point of exposure for statewide standards. The point of exposure associated with the use of only statewide standards in the determination of compliance will be assumed to be anywhere and everywhere, except for surface water. The point of exposure associated with the use of statewide standards for surface water will be assumed to be the point of groundwater or other site runoff immediately before it discharges to the surface water body.
137.5(9) Practical quantification limits. In no case will the statewide standard be less than the practical quantification limit, as determined by the department.
137.5(10) Maintenance of statewide standards. The toxicity values and promulgated standards that are a basis for statewide standards are subject to periodic revision due to actions not governed under this rule. The department will maintain a guidance document that contains a current list of statewide standards that will be readily available to the public. Statewide standards for individual sites will be locked-in at the beginning of the site assessment process (rule 137.8(455H)). If a statewide standard does not exist for a chemical, it will be the department's responsibility to establish a statewide standard, pursuant to subrules 137.5(4) and 137.5(5), for groundwater and soil, and to add it to the comprehensive list of statewide standards in the guidance document maintained by the department.
567--137.6(455H) Site-specific standards.
137.6(1) Purpose. As opposed to statewide standards, site-specific standards are derived by applying exposure and risk assumptions applicable to the conditions at a particular site. Like statewide standards, site-specific standards must always be shown to be protective of public health and safety and the environment. Statewide standards may be used in combination with site-specific standards to address different exposure pathways. Site-specific standards may be required to address exposure pathways which the department determines must be evaluated to be protective of human health, safety and the environment and for which statewide standards have not been established under rule 137.5(455H). Site-specific standards may involve development of target levels for contaminants of concern based on site-specific exposure assumptions for use in lieu of background or statewide standards. Site-specific standards may also include consideration of the actual or potential location where exposure to contaminants occurs or may occur, the likelihood of an exposure occurring, and the overall magnitude and extent of contamination. Site-specific standards may involve use of site-specific target levels for contaminants of concern alone or in conjunction with other site-specific criteria, such as the location where the standard is applied.
137.6(2) General provisions.
a. This rule establishes a minimum protocol that must be met at all enrolled sites which have not established compliance by application of background or statewide standards. Groundwater ingestion and soil ingestion pathway standards under this rule must be evaluated. Surface water and air quality standards under subrules 137.6(7) and 137.6(8) must be met whenever exposure concerns are evident and the participant or the department determines these pathways may present an unacceptable risk for current or future exposures. This rule is not intended to preclude the department or the participant from addressing other exposure pathways, and the department expressly reserves the right to require evaluation of other exposure pathways and compliance with site-specific standards developed for them, such as dermal contact, ingestion of vegetables containing contaminants from soil or irrigation water, migration of contaminants from groundwater or soil into water distribution lines or into air in a confined space, migration of contaminants from soil to groundwater, and migration of contaminants in a nonprotected groundwater source to a protected groundwater source. Participants must establish compliance with standards applicable to all exposure pathways required by the department under this rule in order to qualify for no further action classification under rule 137.11(455H) unless granted a variance as provided in Iowa Code section 455H.205.
b. Site-specific standards are subject to the approval of the department. Assurances in the form of technological or institutional controls (rule 137.7(455H)) will be required, as needed, to ensure continued protectiveness of site-specific standards.
c. The following subrules provide options for the site-specific standards. The participant may select any of these options, or combinations thereof, for use as site-specific standards.
137.6(3) Site-specific groundwater point of exposure. A site-specific groundwater standard may be an appropriate target level applied at groundwater points of exposure that are limited by technological or institutional controls.
a. A point of exposure for groundwater is a location within the affected area where a well exists or could be placed (potential point of exposure). Where technological or institutional controls are determined to effectively restrict the placement of groundwater wells, the points of exposure apply outside the area of restriction. A sufficient number of points of exposure may be established for determining compliance such that compliance with appropriate target levels at these points will ensure compliance at all points of exposure. Normally a compliance point of exposure will be a location at the boundary of the area restricted by an institutional control where a groundwater well could be installed that would have the highest contaminant concentration. Generally more than one compliance point of exposure must be established due to uncertainties, such as spatial and temporal variabilities in groundwater flow and contaminant occurrence.
b. Target levels. The point of exposure target level for drinking water wells is the statewide standard applicable to groundwater ingestion or an alternative site-specific target level approved under subrule 137.6(9) or 137.6(10). The point of exposure target level for non-drinking water wells is the statewide standard applicable to nonprotected groundwater or an alternative site-specific target level approved under subrule 137.6(9) or 137.6(10). The point of exposure target level for nonused groundwater meeting the conditions in subrule 137.6(5) is the statewide standard for a nonprotected groundwater source.
c. Nonprotected groundwater sources. A nonprotected groundwater source which is affecting or likely to affect an existing drinking water well shall be required to meet the same site-specific standards, including point of exposure target level(s), as applied to a protected groundwater source.
d. Unless conditions can be demonstrated to be stable, predictive techniques in accordance with subrule 137.9(4) must be used to determine the future effects of groundwater contamination on existing drinking and non-drinking water wells and to determine the area predicted to exceed the point of exposure target level(s) where wells could be installed. When using predictive techniques, determining the location(s) where the applicable point of exposure target level is expected to be exceeded may involve comparison of the appropriate numerical standard to the predicted contaminant concentration at a passive monitoring well at the groundwater point of exposure. Alternatively, predictive techniques using site-specific models (paragraph 137.9(4)"b") may involve simulation of pumping at a well located at the point of exposure, in which case the pumping rate used in the simulation shall be the rate that is reasonably possible for the area that yields water with the highest contaminant concentration. In absence of site-specific justification for doing otherwise, long-term pumping will be assumed to be at a rate of 100 gallons per day; the sustainable yield, if less than 100 gallons per day; or a reasonable, higher rate, if such a rate results in higher contaminant concentration.
e. Institutional controls. For a protected groundwater source or a nonprotected groundwater source as described in paragraph "b" above, institutional controls must be shown to effectively prohibit the installation of wells for the period of time in which contaminant concentrations might otherwise be expected to result in an exceedance of the appropriate target levels. For a nonprotected groundwater not described as in paragraph "b" above, a less stringent standard of effectiveness as well as the type of future well installation to be restricted may be utilized for those areas of potential concern. Unless there is a history of usage of what might otherwise be considered nonprotected groundwater or there is uncertainty as to the uniformity in the hydraulic characteristics of the nonprotected groundwater source, notice to the authority responsible for permitting private wells under 567--Chapters 39 and 49 may be adequate especially if combined with a municipal or county ordinance prohibiting installation of private wells based on the availability of a public water supply.
137.6(4) Site-specific groundwater point of compliance. A site-specific standard may be established for a site-specific groundwater point of compliance that is different from a compliance point of exposure. A site-specific groundwater point of compliance must be used in conjunction with all groundwater compliance points of exposure pursuant to subrule 137.6(3) to provide an alternative monitoring location. Target levels for contaminants of concern at a site-specific groundwater point of compliance must be established using predictive techniques as specified in subrule 137.9(4). A target level established for a groundwater point of compliance must ensure that the appropriate target level at the groundwater compliance points of exposure will be achieved. A groundwater point of compliance shall be located on the contaminant migration path from the contaminant source to the point of exposure to the maximum extent practicable.
137.6(5) Nonused groundwater in a protected water source. Statewide standards for groundwater in a nonprotected groundwater source, pursuant to paragraph 137.5(4)"b," may be used as target levels for contaminants in an otherwise protected groundwater source when groundwater in the affected area is not used and is not likely to be used in the future in accordance with the following. It must be demonstrated to the satisfaction of the department that contaminants from the enrolled site do not currently, and likely will not in the future, have an impact on any existing water supply well. Any detection, or predicted detection above the practical quantification limit, of a chemical that can be attributed to a release from the enrolled site will be considered to constitute an impact. In addition, it must be demonstrated to the satisfaction of the department that the impacted or potentially impacted aquifer is not a locally significant water resource. Factors that will go into this determination may include, but are not limited to:

* Existence of a nonimpacted public water supply in the potentially affected area;

* General availability of other water resources in the vicinity;

* Plans for development of public water supplies in the vicinity;

* Potential for use of the impacted aquifer as a water supply (e.g., yield, natural water quality); and

* Identification of the aquifer(s) commonly used for water supply in the vicinity.
A local ordinance prohibiting installation of private drinking water wells or notification to the local water utility and water permitting authority, or both, may constitute acceptable institutional controls for site-specific standards under this subrule.
The target levels that may be used in accordance with this subrule are based solely on groundwater ingestion. Compliance with this site-specific standard will not guarantee that contaminants in groundwater may not cause unacceptable exposure via other pathways (e.g., groundwater to air in a confined space, groundwater to surface water, or groundwater to a water distribution line).
137.6(6) Site-specific soil standards based on land use and soil depth. Site-specific soil standards based on land use and soil depth may be used in conjunction with institutional controls. Predetermined site-specific soil exposures based on residential, nonresidential, and restricted-access land use and soil depth are provided in the following paragraphs. Lists of resulting site-specific soil standards for these land use and soil depth categories will be maintained by the department in a guidance document and made readily available to the public. Use of these site-specific soil standards must be supported by institutional controls that ensure that land use will not change to a land use that has a larger potential exposure to soil than land use which forms the basis for the standard being used. Site-specific soil standards based on land use and soil depth, as described herein, address only ingestion of soil. Compliance with these standards will not guarantee that contaminants in soils may not cause unacceptable exposure via other pathways (e.g., ecological exposure, dermal contact with soil, soil to groundwater, soil to confined air space).
a. Deep soil in a residential land-use area. Site-specific soil standards for deep soils equaling ten times the statewide standard for soils, except for lead, may be used. The lead standard for deep, residential soils is 800 mg/kg. Soils at a depth of ten feet and greater will normally be classified as deep soils. The department may deny the use of a deep soil standard associated with a residential land use or require a modification to the standard due to site-specific considerations including topography, development potential, and actual development plans. In lieu of this default site-specific lead standard for deep soil, a site-specific standard for lead in deep soil may be calculated using the most current version of EPA's Exposure Model for Assessing Risk Associated with Adult Exposures to Lead in Soil. The use of a site-specific standard for deep soil in a residential land-use area shall be supported by an institutional control that permanently rec-ords the existence of contaminants above statewide standards in deep soils and restricts excavation resulting in deep soils being placed on the surface.
b. Nonresidential land use. The nonresidential land-use designation will be applicable to areas that are not classified as residential. Site-specific soil standards, except for lead, for nonresidential areas are based on Formula I using the risk and exposure factors shown in Table I. Site-specific soil standards for lead in a nonresidential land-use area are 400, 800, and 1,600 mg/kg for soils less than 2, 2-10, and greater than 10 feet deep, respectively. In lieu of these default site-specific lead standards, site-specific standards for lead in soil less than 2 feet deep may be calculated using the most current version of EPA's Integrated Exposure Uptake Biokinetic Model for Lead in Children. Lead in soil 2-10 feet deep may be calculated using the most current version of EPA's Exposure Model for Assessing Risk Associated with Adult Exposures to Lead in Soil with a multiple factor of 2 applied to this result for lead standards in soil greater than 10 feet deep. The use of a nonresidential land-use classification must be supported by an environmental protection easement that prevents a change in land use to residential.

c. Restricted access land use. The restricted access land-use designation will be applicable to nonresidential areas where access is physically limited (e.g., fenced-in, covered with buildings or pavement, remote location). Site-specific soil standards, except for lead, for restricted access locations are based on Formula I using risk and exposure factors shown in Table II. Site-specific soil standards for lead at restricted access locations are 800, 1,600 and 3,200 mg/kg for soils less than 2, 2-10, and greater than 10 feet deep, respectively. In lieu of these default site-specific lead standards, site-specific standards for lead in soil less than 2 feet deep may be calculated using the most current version of EPA's Exposure Model for Assessing Risk Associated with Adult Exposures to Lead in Soil with multiple factors of 2 and 4 applied to this result for lead standards in soil 2-10 and greater than 10 feet deep, respectively. The use of a restricted access land use classification must be supported by an environmental easement that prevents a change in land use to residential and ensures that the access restrictions will be maintained.

137.6(7) Site-specific surface water standards. The department will establish site-specific surface water standards at the request of the participant. The participant shall provide the department with information necessary to makethis determination upon request from the department. Site-specific surface water standards will be generally equivalent to effluent limitations under a National Pollutant Discharge Elimination System (NPDES) permit pursuant to 567-- Chapter 62. Mixing zones and allocation of contaminant loads in a surface water body will be considerations in attainment of in-stream water quality standards. If the site-specific surface water quality standards are met, best practical control technology currently available will not be imposed.
137.6(8) Site-specific air standards. If there are air quality concerns at a site, they will normally be addressed with site-specific standards until such time as ambient air quality or source-specific standards are adopted for hazardous air pollutants.
a. Explosivity. In no case shall contaminants from the enrolled site cause an explosivity level in a confined space of greater than 10 percent of the lower explosivity limit.
b. Background. In addition to the establishment of a background standard pursuant to rule 137.4(455H), a site-specific air standard may be set at twice the typical background level based on published information for a comparable setting, if approved by the department.
c. Health risk. Where applicable, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) 8-hour time-weighted-average limits for air contaminants pursuant to 29 CFR 1910.1000 may be utilized for site-specific standards with an appropriate site-specific adjustment to account for uncertainties. As a default, the adjustment shall consist of dividing the OSHA standard by a factor of 10. For locations where OSHA standards are not applicable, site-specific standards for air in a confined space shall be risk-based using the chemical-specific toxicity values of inhalation unit risk (UR) and inhalation reference concentration (RfC) determined in accordance with paragraph 137.5(3)"c" for Group A and B and Group C, D and E chemicals, respectively. Formulas II and III shall be used to calculate risk-based, site-specific air standards for Group A and B and Group C, D and E chemicals, respectively, where C is the risk-based contaminant concentration in air.

(4) Operator training and qualification requirements. Designated facilities shall meet the requirements for operator training and qualification listed in 40 CFR § 60.53c within one year from EPA's approval of the state's 111(d) plan for HMIWI.
(5) Waste management requirements. Designated facilities shall meet the requirements for a waste management plan listed in 40 CFR § 60.55c within 34 months from EPA's approval of the state's 111(d) plan for HMIWI.
(6) Inspection requirements. Each remote HMIWI subject to the emission limits under numbered paragraph "2" of subparagraph 23.1(5)"b"(3) must conduct an initial equipment inspection within one year from EPA's approval of the state's 111(d) plan for HMIWI, and equipment inspections annually, no more than 12 months after the previous inspection. The facility must complete all necessary repairs within ten operating days following an inspection. If the repairs cannot be accomplished within this period, then the owner or operator must obtain written approval from the department requesting an extension. All inspections shall include the following:
1. Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation, and clean pilot flame sensor as necessary;
2. Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;
3. Inspect hinges and door latches, and lubricate as necessary;
4. Inspect dampers, fans, and blowers for proper operation;
5. Inspect HMIWI door and door gaskets for proper sealing;
6. Inspect motors for proper operation;
7. Inspect primary chamber refractory lining, and clean and repair or replace lining as necessary;
8. Inspect incinerator shell for corrosion and hot spots;
9. Inspect secondary/tertiary chamber and stack, and clean as necessary;
10. Inspect mechanical loader, including limit switches, for proper operation if applicable;
11. Visually inspect waste bed (grates), and repair or seal as appropriate;
12. For the burn cycle that follows the inspection, document that the incinerator is operating properly, and make any necessary adjustments;
13. Inspect air pollution control device(s) for proper operation if applicable;
14. Inspect waste heat boiler systems to ensure proper operation if applicable;
15. Inspect bypass stack components;
16. Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and
17. Generally observe whether the equipment is maintained in good operating condition.
(7) Compliance, performance testing, and monitoring requirements. Except as provided in subparagraphs 23.1(5)"b"(8) and (9), designated facilities shall meet the requirements for compliance and performance testing listed in 40 CFR § 60.56c (excluding the fugitive emissions testing requirements under 40 CFR § 60.56c(b)(12) and (c)(3)) and the requirements for monitoring listed in 40 CFR § 60.57c.
(8) Compliance and performance testing for remoteHMIWI. Remote HMIWI shall meet the following compliance and performance testing requirements:
1. Conduct the performance testing requirements in 40 CFR § 60.56c(a), (b)(1) through (b)(9), (b)(11) (Hg only), and (c)(1). The 2,000 lb/week limitation under numbered paragraph "2" of subparagraph 23.1(5)"b"(3) does not apply during performance tests.
2. Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.
3. Following the date on which the initial performance test is completed or is required to be completed under 40 CFR § 60.8, whichever date comes first, remote HMIWI must not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).
4. Except as provided in numbered paragraph "5" of subparagraph 23.1(5)"b"(8), operation of the remote HMIWI above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits.
5. The owner or operator of the remote HMIWI may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under numbered paragraph "4" of subparagraph 23.1(5)"b"(8).
(9) Monitoring requirements for remote HMIWI. Remote HMIWI must meet the following monitoring requirements:
1. Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation.
2. Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI.
3. The owner or operator of a designated facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day for 90 percent of the operating days per calendar quarter that the designated facility is combusting hospital, medical or infectious waste, or a combination thereof.
(10) Reporting and record-keeping requirements. Designated facilities shall meet the reporting and record-keeping requirements listed in 40 CFR § 60.58c(b), (c), (d), (e), and (f), excluding 40 CFR § 60.58c(b)(2)(ii) (fugitive emissions) and (b)(7) (siting), except for remote HMIWI.
(11) Reporting and record-keeping requirements for remote HMIWI. Remote HMIWI must meet the following reporting and record-keeping requirements:
1. Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within ten days of an inspection; and
2. Submit an annual report containing information recorded under numbered paragraph "1" of subparagraph 23.1(5)"b"(11) no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under Title V of the Act, the owner or operator must submit these reports semiannually). The report shall be signed by the facility's manager.
(12) Compliance times for designated facilities planning to retrofit. Designated facilities planning to retrofit existing HMIWI shall comply with the emission limits specified in subparagraph 23.1(5)"b"(3) within three years from EPA's approval of the state's 111(d) plan for HMIWI, but not later than September 16, 2002. To ensure compliance, these facilities must also comply with the following increments of progress:
1. Submit construction permit application to the department, as required by rule 567--22.1(455B), to outline the addition of control equipment and the modification of existing processes within one year from EPA's approval of the state's 111(d) plan for HMIWI;
2. Award contracts for control systems or process modifications, or orders for purchase of components within 18 months from EPA's approval of the state's 111(d) plan for HMIWI;
3. Initiate on-site construction or installation of the air pollution control device(s) or process changes within two years from EPA's approval of the state's 111(d) plan forHMIWI;
4. Complete on-site construction or installation of air pollution control device(s) or process changes within 33 months from EPA's approval of the state's 111(d) plan for HMIWI; and
5. Complete initial compliance test(s) on the air pollution control equipment within 34 months from EPA's approval of the state's 111(d) plan for HMIWI.
(13) Compliance times for designated facilities planning to shut down. Designated facilities planning to shut down an existing HMIWI shall shut down within one year from EPA's approval of the state's 111(d) plan for HMIWI. Designated facilities may request an extension from the department to operate the HMIWI for up to two additional years. The request for extension must be submitted to the department within nine months from EPA's approval of the state's 111(d) plan for HMIWI and include the following:
1. Documentation to support the need for the requested extension;
2. An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and
3. A plan that documents measurable and enforceable incremental steps of progress to be taken toward compliance with paragraph 23.1(5)"b," including final compliance date which can be no later than September 16, 2002.
ITEM 8. 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 September 15, 1997.