House File 792 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HSB 199)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to regulation of underground storage tanks by the
  2    department of natural resources, making appropriations, and
  3    providing contingent effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1404HV 82
  6 tm/es/88

PAG LIN



  1  1    Section 1.  Section 455B.474, subsection 1, paragraph b,
  1  2 Code 2007, is amended to read as follows:
  1  3    b.  Maintaining records of any monitoring or leak detection
  1  4 system, inventory control system, or tank testing or
  1  5 comparable system, and periodic underground storage tank
  1  6 facility compliance inspections conducted by inspectors
  1  7 certified by the department.
  1  8    Sec. 2.  Section 455B.474, subsection 1, paragraph h,
  1  9 subparagraph (3), Code 2007, is amended to read as follows:
  1 10    (3)  A certificate may shall be recorded with the county
  1 11 recorder.  The owner or operator of a site who has been issued
  1 12 a certificate under this paragraph "h" or a subsequent
  1 13 purchaser of the site shall not be required to perform further
  1 14 corrective action solely because action standards are changed
  1 15 at a later date.  A certificate shall not prevent the
  1 16 department from ordering corrective action of a new release.
  1 17    Sec. 3.  Section 455B.474, subsection 1, Code 2007, is
  1 18 amended by adding the following new paragraph:
  1 19    NEW PARAGRAPH.  i.  Establishing a certified compliance
  1 20 inspector program administered by the department for
  1 21 underground storage tank facility compliance inspections.
  1 22    (1)  The certified compliance inspector program shall
  1 23 provide for, but not be limited to, all of the following:
  1 24    (a)  Mandatory periodic underground storage tank facility
  1 25 compliance inspections by owners and operators using
  1 26 inspectors certified by the department.
  1 27    (b)  Compliance inspector qualifications, certification
  1 28 procedures, certification and renewal fees sufficient to cover
  1 29 administrative costs, continuing education requirements,
  1 30 inspector discipline standards including certification
  1 31 suspension and revocation for good cause, compliance
  1 32 inspection standards, professional liability bonding or
  1 33 insurance requirements, and any other requirements as the
  1 34 commission may deem appropriate.  Certification and renewal
  1 35 fees received by the department are appropriated to the
  2  1 department for purposes of the administration of the certified
  2  2 compliance inspector program.
  2  3    (2)  The department shall continue to conduct independent
  2  4 inspections as provided in section 455B.475 as deemed
  2  5 appropriate to assure effective compliance and enforcement and
  2  6 for the purpose of auditing the accuracy and completeness of
  2  7 inspections conducted by certified compliance inspectors.
  2  8    (3)  Acts or omissions by a certified compliance inspector,
  2  9 the state, or the department regarding certification, renewal,
  2 10 oversight of the certification process, continuing education,
  2 11 discipline, inspection standards, or any other actions, rules,
  2 12 or regulations arising out of the certification, inspections,
  2 13 or duties imposed by this section shall not be cause for a
  2 14 claim against the state or the department within the meaning
  2 15 of chapter 669 or any other provision of the Iowa Code.
  2 16    Sec. 4.  Section 455B.474, subsection 1, paragraph d,
  2 17 subparagraph (2), subparagraph subdivision (e), Code 2007, is
  2 18 amended to read as follows:
  2 19    (e)  A site cleanup report which classifies a site as
  2 20 either high risk, low risk, or no action required shall be
  2 21 submitted by a groundwater professional to the department with
  2 22 a certification that the report complies with the provisions
  2 23 of this chapter and rules adopted by the department.  The
  2 24 report shall be determinative of the appropriate
  2 25 classification of the site.  However, if the report is found
  2 26 to be inaccurate or incomplete, and if based upon information
  2 27 in the report the risk classification of the site cannot be
  2 28 reasonably determined by the department based upon industry
  2 29 standards, the department shall work with the groundwater
  2 30 professional to obtain the additional information necessary to
  2 31 appropriately classify the site.  A groundwater professional
  2 32 who knowingly or intentionally makes a false statement or
  2 33 misrepresentation which results in a mistaken classification
  2 34 of a site shall be guilty of a serious misdemeanor and shall
  2 35 have the groundwater professional's certification revoked
  3  1 under this section 455G.18.
  3  2    Sec. 5.  Section 455B.474, subsection 1, paragraph f,
  3  3 subparagraph (5), Code 2007, is amended to read as follows:
  3  4    (5)  A corrective action design report submitted by a
  3  5 groundwater professional shall be accepted by the department
  3  6 and shall be primarily relied upon by the department to
  3  7 determine the corrective action response requirements of the
  3  8 site.  However, if the corrective action design report is
  3  9 found to be inaccurate or incomplete, and if based upon
  3 10 information in the report the appropriate corrective action
  3 11 response cannot be reasonably determined by the department
  3 12 based upon industry standards, the department shall work with
  3 13 the groundwater professional to obtain the additional
  3 14 information necessary to appropriately determine the
  3 15 corrective action response requirements.  A groundwater
  3 16 professional who knowingly or intentionally makes a false
  3 17 statement or misrepresentation which results in an improper or
  3 18 incorrect corrective action response shall be guilty of a
  3 19 serious misdemeanor and shall have the groundwater
  3 20 professional's certification revoked under this section
  3 21 455G.18.
  3 22    Sec. 6.  Section 455B.474, Code 2007, is amended by adding
  3 23 the following new subsections:
  3 24    NEW SUBSECTION.  8.  Requirements as may be necessary to
  3 25 maintain state program approval and which are consistent with
  3 26 applicable provisions of the federal Energy Policy Act of
  3 27 2005, Pub. L. No. 109=58, Title XV, Subtitle B, Underground
  3 28 Storage Tank Compliance, as codified in 42 U.S.C. } 6991 et
  3 29 seq.
  3 30    a.  The commission shall adopt rules establishing a
  3 31 training program applicable to owners and operators of
  3 32 underground storage tanks.  The rules may include provisions
  3 33 for department certification of operators, self=certification
  3 34 by owners and operators, education and training requirements,
  3 35 owner requirements to assure operator qualifications, and
  4  1 assessment of education, training, and certification fees.
  4  2 The rules shall be consistent with and sufficient to comply
  4  3 with the operator training requirements as provided in 42
  4  4 U.S.C. 6991i, guidance adopted pursuant to that provision by
  4  5 the administrator of the United States environmental
  4  6 protection agency, and state program approval requirements
  4  7 under 42 U.S.C. 6991i(b).
  4  8    b.  The commission shall adopt rules related to the
  4  9 prohibition on the delivery of regulated substances consistent
  4 10 with and sufficient to comply with the provisions of 42 U.S.C.
  4 11 6991k, guidance adopted by the administrator of the United
  4 12 States Environmental Protection Agency pursuant to that
  4 13 provision, and state program approval requirements under 42
  4 14 U.S.C.  6991k(a)(3).
  4 15    c.  The commission shall adopt rules applicable to
  4 16 secondary containment requirements consistent with and
  4 17 sufficient to comply with the provisions of Pub. L. 109=58,
  4 18 Title XV, section 1530(a), as codified at 42 U.S.C.
  4 19 6991b(i)(1), and guidance adopted by the administrator of the
  4 20 United States environmental protection agency pursuant to that
  4 21 provision.  Each new underground storage tank or piping
  4 22 connected to any such new tank installed after the effective
  4 23 date of this section of this Act, or any existing underground
  4 24 storage tank or existing piping connected to such existing
  4 25 underground storage tank that is replaced after August 1,
  4 26 2007, shall be secondarily contained if the installation is
  4 27 within one thousand feet of any existing community water
  4 28 system or any existing potable drinking water well as provided
  4 29 in Pub. L. 109=58, Title XV, section 1530(a), as codified at
  4 30 42 U.S.C. } 6991b(i)(1) and in guidance adopted by the United
  4 31 States environmental protection agency pursuant to that
  4 32 provision.  Rules adopted under this paragraph shall not amend
  4 33 or modify the secondary containment requirements in subsection
  4 34 1, paragraph "f", subparagraph (9).
  4 35    NEW SUBSECTION.  9.  a.  Groundwater professionals shall be
  5  1 certified.  The commission shall adopt rules pursuant to
  5  2 chapter 17A for such certifications, and the rules shall
  5  3 include provisions for certification suspension or revocation
  5  4 for good cause.
  5  5    b.  A groundwater professional is a person who provides
  5  6 subsurface soil contamination and groundwater consulting
  5  7 services or who contracts to perform remediation or corrective
  5  8 action services and is one or more of the following:
  5  9    (1)  A person certified by the American institute of
  5 10 hydrology, the national water well association, the American
  5 11 board of industrial hygiene, or the association of groundwater
  5 12 scientists and engineers.
  5 13    (2)  A professional engineer licensed in Iowa.
  5 14    (3)  A professional geologist certified by a national
  5 15 organization.
  5 16    (4)  Any person who has five years of direct and related
  5 17 experience and training as a groundwater professional or in
  5 18 the field of earth sciences.
  5 19    (5)  Any other person with a license, certification, or
  5 20 registration to practice hydrogeology or groundwater hydrology
  5 21 issued by any state in the United States or by any national
  5 22 organization, provided that the license, certification, or
  5 23 registration process requires, at a minimum, all of the
  5 24 following:
  5 25    (a)  Possession of a bachelor's degree from an accredited
  5 26 college.
  5 27    (b)  Five years of related professional experience.
  5 28    c.  The department of natural resources may provide for a
  5 29 civil penalty of no more than fifty dollars for failure to
  5 30 obtain certification. An interested person may obtain a list
  5 31 of certified groundwater professionals from the department of
  5 32 natural resources. The department may impose and retain a fee
  5 33 for the certification of persons under this subsection
  5 34 sufficient to cover the costs of administration.
  5 35    d.  The certification of groundwater professionals shall
  6  1 not impose liability on the board, the department, or the fund
  6  2 for any claim or cause of action of any nature, based on the
  6  3 action or inaction of a groundwater professional certified
  6  4 pursuant to this subsection.
  6  5    e.  A person who requests certification under this
  6  6 subsection shall be required to attend a course of instruction
  6  7 and pass a certification examination.  An applicant who
  6  8 successfully passes the examination shall be certified as a
  6  9 groundwater professional.
  6 10    f.  All groundwater professionals shall be required to
  6 11 complete continuing education requirements as adopted by rule
  6 12 by the commission.
  6 13    g.  The commission may provide for exemption from the
  6 14 certification requirements of this subsection and rules
  6 15 adopted hereunder for a professional engineer licensed
  6 16 pursuant to chapter 542B, if the person is qualified in the
  6 17 field of geotechnical, hydrological, environmental
  6 18 groundwater, or hydrogeological engineering.
  6 19    h.  Notwithstanding the certification requirements of this
  6 20 subsection, a site cleanup report or corrective action design
  6 21 report submitted by a certified groundwater professional shall
  6 22 be accepted by the department in accordance with subsection 1,
  6 23 paragraph "d", subparagraph (2), subparagraph subdivision (e),
  6 24 and paragraph "f", subparagraph (5).
  6 25    NEW SUBSECTION.  10.  Requirements that persons and
  6 26 companies performing or providing services for underground
  6 27 storage tank installations, installation inspections, testing,
  6 28 permanent closure of underground storage tanks by removal or
  6 29 filling in place, and other closure activities as defined by
  6 30 rules adopted by the commission be certified by the
  6 31 department.  This provision does not apply to persons
  6 32 performing services in their official capacity and as
  6 33 authorized by the state fire marshal's office or fire
  6 34 departments of political subdivisions of the state.  The rules
  6 35 adopted by the commission shall include all of the following:
  7  1    a.  Establishing separate certification criteria applicable
  7  2 to underground storage tank installers and installation
  7  3 inspectors, underground storage tank testers, and persons
  7  4 conducting underground storage tank closure activities as
  7  5 required by commission rules.
  7  6    b.  Establishing minimum qualifications for certification
  7  7 including but not limited to considerations based on
  7  8 education, character, professional ethics, experience,
  7  9 manufacturer or other private agency certification, training
  7 10 and apprenticeship, and field demonstration of competence.
  7 11 The rules may provide for exemption from education,
  7 12 experience, and training requirements for a licensed engineer
  7 13 for whom underground storage tank installation is within the
  7 14 scope of their license and practice but shall require
  7 15 compliance with other certification requirements.
  7 16    c.  Requiring a written examination developed and
  7 17 administered by the department or by some other qualified
  7 18 public or private entity identified by the department.  The
  7 19 department may contract with a public or private entity to
  7 20 administer the department's examination or a department
  7 21 approved third party examination.  The examination shall, at a
  7 22 minimum, be sufficient to establish knowledge of all
  7 23 applicable underground storage tank rules adopted under this
  7 24 section, private industry standards, federal standards, and
  7 25 other applicable standards adopted by the Iowa fire marshal's
  7 26 office pursuant to chapter 101.
  7 27    d.  Providing for a minimum two=year renewable
  7 28 certification period.  A person may apply for a combined
  7 29 certificate applicable to underground storage tank installer
  7 30 and installer inspector certification, tester certification,
  7 31 and closure certification.
  7 32    e.  Providing that certificate holders obtain and provide
  7 33 proof of financial responsibility for environmental liability
  7 34 with minimum liability limits of one million dollars per
  7 35 occurrence and in the aggregate.  The rules may provide
  8  1 exemptions where the certificate holder is employed by the
  8  2 owner or operator of the underground storage tank system and
  8  3 the underground storage tank system is covered by a financial
  8  4 responsibility mechanism under subsection 2.
  8  5    f.  Providing criteria for the department to take
  8  6 disciplinary action including issuance of warnings,
  8  7 reprimands, suspension and probation, and revocation.  Any
  8  8 certificate holder subject to suspension or revocation shall
  8  9 be entitled to notice and an opportunity for an evidentiary
  8 10 hearing as provided in section 17A.18.
  8 11    g.  Providing for certification reciprocity between states
  8 12 upon demonstration that the out of state certification
  8 13 criteria is substantially equivalent to rules adopted by the
  8 14 commission.
  8 15    h.  Providing for assessment of fees sufficient to cover
  8 16 the costs of administration of the certification program.  A
  8 17 separate fee may be established for persons applying for a
  8 18 combination of installer and installer inspector, testing, or
  8 19 closure certifications.  Fees received by the department
  8 20 pursuant to this subsection are appropriated to the department
  8 21 for purposes of the administration of activities under this
  8 22 subsection.
  8 23    i.  Notwithstanding subsection 7, the commission may adopt
  8 24 rules requiring that all underground storage tank
  8 25 installations, installation inspections, testing, and closure
  8 26 activities be conducted by persons certified in accordance
  8 27 with this subsection.
  8 28    j.  Acts or omissions of a person certified under this
  8 29 subsection, the state, or the department regarding
  8 30 certification, renewal, oversight of the certification
  8 31 process, continuing education, discipline, inspection
  8 32 standards, or any other actions including department onsite
  8 33 supervision of certified activities, rules, or regulations
  8 34 arising out of the certification, shall not be cause for a
  8 35 claim against the state or the department within the meaning
  9  1 of chapter 669 or any other provision of the Code.
  9  2    Sec. 7.  Section 455G.9, subsection 1, paragraph k, Code
  9  3 2007, is amended to read as follows:
  9  4    k.  Corrective action including site assessment required by
  9  5 the department in response to a high risk condition caused by
  9  6 a release which was previously eligible for benefits under
  9  7 this section from an underground storage tank located on a
  9  8 site for which the department, after January 31, 1997, has
  9  9 issued a no further action certificate under section 455B.474.
  9 10 As a condition of receiving benefits under this paragraph, the
  9 11 department must determine that the condition necessitating the
  9 12 corrective action was not a result of a release that occurred
  9 13 after the issuance of the no further action certificate, and
  9 14 that the site qualified for remedial benefits under this
  9 15 section prior to the issuance of the no further action
  9 16 certificate.  No more than one hundred thousand dollars per
  9 17 site may be used for the costs of a corrective action,
  9 18 including site assessment, under this paragraph.  The owner or
  9 19 operator may file a claim for no further action benefits as
  9 20 provided in this paragraph.  If the owner or operator is
  9 21 unable or unwilling to file a claim, the department may
  9 22 establish a claim for the no further action benefits.  If the
  9 23 assessment and corrective action costs exceed one hundred
  9 24 thousand dollars, the board may consider requests from any
  9 25 eligible claimant or the department to reopen an eligible
  9 26 remedial benefits claim as provided in this section or
  9 27 authorized by section 455G.21.  Any no further action benefit
  9 28 moneys expended pursuant to this paragraph shall be applied to
  9 29 any remaining balance of the reopened remedial benefits claim.
  9 30 This paragraph does not confer a legal right on an owner or
  9 31 operator of petroleum=contaminated property or on any other
  9 32 person to receive benefits under this paragraph.
  9 33    Sec. 8.  Section 455G.9, subsection 1, Code 2007, is
  9 34 amended by adding the following new paragraph:
  9 35    NEW PARAGRAPH.  l.  Costs for the permanent closure of an
 10  1 underground storage tank system that was in place on the date
 10  2 an eligible claim was submitted under paragraph "a".
 10  3 Reimbursement is limited to costs approved by the board prior
 10  4 to the closure activities.  Installation of a new underground
 10  5 storage tank shall be prohibited on the property for a period
 10  6 of two years.
 10  7    Sec. 9.  Section 455H.105, subsection 5, Code 2007, is
 10  8 amended to read as follows:
 10  9    5.  Adopt rules establishing requirements for the
 10 10 submission, performance, and verification of site assessments,
 10 11 cleanup plans, and certifications of completion.  The rules
 10 12 shall provide that all site assessments, cleanup plans, and
 10 13 certifications of completion submitted by a participant shall
 10 14 be prepared by or under the supervision of an appropriately
 10 15 trained professional, including a groundwater professional
 10 16 certified pursuant to section 455G.18 455B.474.
 10 17    Sec. 10.  TRANSITIONAL PROVISIONS.
 10 18    1.  Not later than August 1, 2007, the environmental
 10 19 protection commission shall adopt administrative rules
 10 20 previously adopted by the Iowa comprehensive petroleum
 10 21 underground storage tank fund board pursuant to section
 10 22 455G.17 in existence on the effective date of this Act by
 10 23 emergency rulemaking pursuant to section 17A.4, subsection 2,
 10 24 and section 17A.5, subsection 2, paragraph "b".  The rules
 10 25 shall become effective immediately upon filing or on a later
 10 26 effective date specified in the rules.  Any rules adopted in
 10 27 accordance with the provisions of this section shall also be
 10 28 published as notice of intended action as provided in section
 10 29 17A.4.
 10 30    2.  Following the adoption of emergency rules, the
 10 31 commission shall commence rulemaking procedures for the
 10 32 administration of section 455B.474, subsection 10.
 10 33    3.  Any registration or certification issued pursuant to
 10 34 section 455G.17 shall continue in full force and effect until
 10 35 expiration or renewal.
 11  1    Sec. 11.  Section 455G.17, Code 2007, is repealed.
 11  2    Sec. 12.  Section 455G.18, Code 2007, is repealed.
 11  3    Sec. 13.  CONTINGENT EFFECTIVE DATE.  The section of this
 11  4 Act repealing section 455G.17, shall take effect upon the Code
 11  5 editor's receipt of notice from the environmental protection
 11  6 commission stating that emergency rules required under the
 11  7 section of this Act relating to transitional provisions have
 11  8 taken effect.
 11  9                           EXPLANATION
 11 10    This bill relates to the regulation of underground storage
 11 11 tanks by the department of natural resources.
 11 12    The bill requires the maintaining of records by owners and
 11 13 operators of underground storage tanks for periodic
 11 14 underground storage tank facility compliance inspections
 11 15 conducted by inspectors certified by the department.
 11 16    The bill requires a no further action certificate issued by
 11 17 the department for an underground storage tank site which has
 11 18 been classified as a no further action site to be filed with
 11 19 the county recorder.  Currently, a certificate may be filed.
 11 20    The bill requires the department to administer a certified
 11 21 compliance inspector program for underground storage tank
 11 22 facility compliance inspections.  The bill provides that the
 11 23 program shall include mandatory periodic underground storage
 11 24 tank facility compliance inspections by owners and operators
 11 25 using inspectors certified by the department.  The bill
 11 26 requires the department to continue to conduct independent
 11 27 inspections as deemed appropriate.  The bill appropriates
 11 28 moneys received by the department for certification and
 11 29 renewal fees for purposes of the administration of the
 11 30 certified compliance inspector program.  The bill provides
 11 31 that acts or omissions of the certified compliance inspectors,
 11 32 the state, or the department regarding certification, renewal,
 11 33 oversight of the certification process, continuing education,
 11 34 discipline, inspection standards, or any other actions, rules,
 11 35 or regulations arising out of the certification, inspections,
 12  1 or duties imposed by these provisions shall not be cause for a
 12  2 claim against the state or the department.
 12  3    The bill requires the environmental protection commission
 12  4 to adopt rules for requirements as may be necessary to
 12  5 maintain state program approval and which are consistent with
 12  6 applicable provisions of the federal Energy Policy Act of
 12  7 2005, Pub. L. No. 109=58, Title XV, Subtitle B, Underground
 12  8 Storage Tank Compliance, as codified in 42 U.S.C. 6991 et seq.
 12  9 The bill provides that the commission shall adopt rules
 12 10 establishing a training program applicable to owners and
 12 11 operators of underground storage tanks.  The bill provides
 12 12 that the rules may include provisions for department
 12 13 certification of operators, self=certification by owners and
 12 14 operators, education and training requirements, owner
 12 15 requirements to assure operator qualifications, and assessment
 12 16 of education, training, and certification fees.  The bill
 12 17 requires the rules to be consistent with and sufficient to
 12 18 comply with certain federal requirements.
 12 19    The bill repeals Code section 455G.17 relating to
 12 20 certification of different classes of persons as underground
 12 21 storage tank installation inspectors.  The repeal takes effect
 12 22 upon the Code editor's receipt of notice from the
 12 23 environmental protection commission stating that emergency
 12 24 rules required under this bill have taken effect.
 12 25    The bill repeals Code section 455G.18 relating to the
 12 26 certification of groundwater professionals and moves
 12 27 substantially the same provisions to Code chapter 455B.  The
 12 28 bill removes a requirement that certification courses and
 12 29 examinations be held by the administrator of the Iowa
 12 30 comprehensive petroleum underground storage tank fund and
 12 31 removes other outdated provisions.  The bill makes conforming
 12 32 amendments.
 12 33    The bill requires that persons and companies performing or
 12 34 providing services for underground storage tank installations,
 12 35 installation inspections, testing, and permanent closure of
 13  1 underground storage tanks by removal or filling in place, and
 13  2 other closure activities be certified by the department.  The
 13  3 bill provides that the rules shall include establishing
 13  4 separate certification criteria applicable to underground
 13  5 storage tank installers and installation inspectors,
 13  6 underground storage tank testers, and persons conducting
 13  7 underground storage tank closure activities, establishing
 13  8 minimum qualifications for certification, requiring a written
 13  9 examination developed and administered by the department or by
 13 10 some other qualified public or private entity identified by
 13 11 the department, providing for a minimum two=year renewable
 13 12 certification period, allowing a person to apply for a
 13 13 combined certificate, providing that certificate holders
 13 14 obtain and provide proof of financial responsibility for
 13 15 environmental liability with minimum liability limits of $1
 13 16 million per occurrence and in the aggregate, providing
 13 17 criteria for the department to take disciplinary action
 13 18 against certificate holders, and providing for certification
 13 19 reciprocity between states, providing for assessment of fees
 13 20 sufficient to cover the costs of administration of the
 13 21 certification program.  The bill that fees received by the
 13 22 department are appropriated to the department for purposes of
 13 23 the administration of these provisions.  The bill allows the
 13 24 adoption of rules requiring that all underground storage tank
 13 25 installations, installation inspectors, testing, and closure
 13 26 activities be conducted by persons certified pursuant to these
 13 27 provisions.  The bill provides that acts or omissions of
 13 28 certified persons, the state, or the department regarding
 13 29 certification, renewal, oversight of the certification
 13 30 process, continuing education, discipline, inspection
 13 31 standards, or any other actions including department onsite
 13 32 supervision of certified activities, rules, or regulations
 13 33 arising out of the certification, shall not be cause for a
 13 34 claim against the state or the department.
 13 35    The bill modifies provisions relating to the payment of
 14  1 moneys in the remedial account of the Iowa comprehensive
 14  2 petroleum underground storage tank fund.  Currently, one of
 14  3 the uses of such moneys is for corrective action in response
 14  4 to a high=risk condition caused by a release from an
 14  5 underground storage tank located on a site for which the
 14  6 department, after January 31, 1997, has issued a no further
 14  7 action certificate.  The bill provides that the moneys may be
 14  8 used for a corrective action including a site assessment
 14  9 required by the department in response to a release which was
 14 10 previously eligible for benefits from the remedial account
 14 11 from an underground storage tank located on a site for which
 14 12 the department has issued a no further action certificate.
 14 13 The bill also allows the department to establish a claim for
 14 14 the no further action benefits if the owner or operator of a
 14 15 site is unable or unwilling to file a claim for no further
 14 16 action benefits from the remedial fund.
 14 17    The bill allows moneys in the remedial account of the Iowa
 14 18 comprehensive petroleum underground storage tank fund to be
 14 19 used for costs for the permanent closure of an underground
 14 20 storage tank system that was in place on the date an eligible
 14 21 claim was submitted.  The bill places limits on the
 14 22 reimbursement allowed.
 14 23    The bill provides that, not later than August 1, 2007, the
 14 24 environmental protection commission shall adopt administrative
 14 25 rules previously adopted by the Iowa comprehensive petroleum
 14 26 underground storage tank fund board pursuant to Code section
 14 27 455G.17 in existence on the effective date of this Act by
 14 28 emergency rulemaking.  The bill provides that, following the
 14 29 adoption of emergency rules, the commission shall commence
 14 30 rulemaking procedures for the administration of Code section
 14 31 455B.474, subsection 10.  The bill provides that any
 14 32 registration or certification issued pursuant to Code section
 14 33 455G.17 shall continue in full force and effect until
 14 34 expiration or renewal.
 14 35 LSB 1404HV 82
 15  1 tm:nh/es/88