Pursuant to the authority of Iowa Code sections 15.106A and 15.411, the Economic Development Authority hereby gives Notice of Intended Action to amend Chapter 106, “Small Business Innovation Research and Technology Transfer Outreach Program,” Iowa Administrative Code.     The proposed rule making amends the rules governing the Small Business Innovation Research and Small Business Technology Transfer Programs (SBIR/STTR). The amendments are based on changes made to Iowa Code section 15.411 by 2016 Iowa Acts, House File 2443, division III. The amendments primarily do four things: first, as required by House File 2443, raise the maximum award amount from $25,000 to $100,000 and allow the same applicant to receive more than one award; second, define the term “award”; third, strike paragraph 106.4(2)“b” to remove the requirement that the Iowa innovation corporation must develop an online platform; and fourth, revise paragraph 106.4(2)“c” to remove the requirement that the corporation must work with the program administrator at the office of intellectual property and technology transfer at Iowa State University in providing technical assistance. The proposed amendments also clarify language in the rules.     The Economic Development Authority Board approved this rule making at its meeting held on October 21, 2016.     Interested persons may submit comments on or before March 7, 2017. Comments may be submitted to Jennifer Klein, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)725-3124; e-mail Jennifer.Klein@iowaeda.com.     This rule making does not have any fiscal impact to the state of Iowa.     After analysis and review of this rule making, no impact on jobs has been found.     These amendments are intended to implement Iowa Code section 15.411.     The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 256.7(21), the State Board of Education hereby proposes to rescind Chapter 65, “Innovative Programs for At-Risk Early Elementary Students,” and to adopt a new Chapter 65, “Programs for At-Risk Early Elementary Students,” Iowa Administrative Code.    The proposed new Chapter 65 will simplify the grant application and award process, distribute grant funds to school districts on a timeline that will allow for timely hiring and budgeting, and allow recipient school districts to spend more time on instruction and less time on preparing grant applications. New Chapter 65 will allow greater flexibility to local school districts in determining how best to provide grant-funded services at elementary school buildings with large numbers of at-risk students.    An agencywide waiver provision is provided in 281—Chapter 4.    Interested individuals may make written comments on the proposed amendment until March 7, 2017, at 4:30 p.m. Comments on the proposed amendment should be directed to Phil Wise, Administrative Rules Co-Coordinator, Iowa Department of Education, Second Floor, Grimes State Office Building, Des Moines, Iowa 50319-0146; telephone (515)281-4835; e-mail phil.wise@iowa.gov; or fax (515)242-5988.    A public hearing will be held on March 7, 2017, from 1 to 2 p.m. in the State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa, at which time persons may present their views either orally or in writing.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling (515)281-5295.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code sections 256.7(21) and 279.51(1)“c.”    The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 544B.10 and 546.10(8), the Landscape Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 1, “Description of Organization,” Chapter 2, “Examinations and Licensing,” and Chapter 4, “Rules of Professional Conduct,” Iowa Administrative Code.    These proposed amendments are a result of the five-year rolling review of administrative rules as outlined in Iowa Code section 17A.7(2). A committee of the Board, including Board members and staff, with the assistance of legal counsel, reviewed Chapters 1, 2, and 4 to identify outdated or redundant references, inconsistencies with statutes, and methods of enhancing efficiencies. The amendments update citations and make general updates. The amendments to Chapter 1 update definitions and rescind rules that are in the uniform rules of the Bureau of Professional Licensing and Regulation. The amendments to Chapter 2 update the rules to reflect the current examination and licensing protocols, including an update of the reinstatement and fee process. The amendments to Chapter 4 update the rules of professional conduct and discipline procedures. Throughout the chapters, the word “registration” in the phrase “certificate of registration” is changed to “licensure” as that is the current term used in the Iowa Code.    Consideration will be given to all written suggestions or comments received on or before March 7, 2017. Comments should be directed to Jill Simbro, Iowa Landscape Architectural Examining Board, 200 E. Grand Avenue, Suite 350, Des Moines, Iowa 50309. E-mail may be sent to jill.simbro@iowa.gov.     A public hearing will be held on March 7, 2017, at 10 a.m. in the Board Office, 200 E. Grand Avenue, Suite 350, Des Moines, Iowa, at which time persons may present their views on the proposed amendments either orally or in writing. At the hearing, any person who wishes to speak will be asked to give the person’s name and address for the record and to confine remarks to the subject of the proposed amendments. Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Board and advise of specific needs.    These proposed amendments were approved by the Board on October 11, 2016.    These proposed amendments are subject to waiver or variance pursuant to 193—Chapter 5.    After analysis and review of this rule making, the Bureau determined that there will be no impact on jobs and no fiscal impact to the state.     These amendments are intended to implement Iowa Code chapter 544B.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code sections 455A.5(6)“a,” 481A.38, 481A.39, and 481A.48, the Natural Resource Commission (Commission) hereby gives Notice of Intended Action to amend Chapter 91, “Waterfowl and Coot Hunting Seasons,” Chapter 97, “Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons,” and Chapter 102, “Falconry Regulations for Hunting Game,” Iowa Administrative Code.     Chapter 91 contains the regulations for hunting waterfowl and coot and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting. The proposed amendments make the annual adjustment to the season dates for the 2017-2018 waterfowl seasons so that they comply with what the Department of Natural Resources (Department) anticipates the corresponding federal regulations will be after meeting with the United States Fish and Wildlife Service (USFWS) this year at the Mississippi Flyway Council and after reviewing the preliminary and supplemental frameworks contained in 81 Fed. Reg. 38,050-38,057 (June 10, 2016) and 81 Fed. Reg. 53,391-53,393 (August 12, 2016). The proposed amendments also ensure that the seasons open on different weekends to maximize hunter opportunity and continue for a fourth year an experimental special September teal season. The continuation of the special teal season will not adversely impact teal numbers and will allow Iowa hunters additional days of recreational hunting opportunity during the peak migration period for teal. The federal regulations will likely authorize up to 16 days for the special teal season. Last year, hunters requested, and the Commission implemented, a two-week period of calm and hunter inactivity between the end of the teal season and the start of the regular duck season. The proposed amendments repeat this period again for the 2017-2018 seasons.     The Commission proposes three other changes to Chapter 91 in this rule making. Subrule 91.4(1) is being amended to accurately reflect the posted boundary of a waterfowl refuge located in the Upper Iowa Wildlife Unit. The current subrule states that waterfowl and coot hunting is not allowed within 300 feet of the center of the Army Road from New Albin to the boat ramp on the Mississippi River within sections 11 and 12, but the refuge is actually marked at a distance of 150 feet. This is an editorial change for accuracy and does not change the refuge’s actual boundary. The daily bag limit for black ducks is increasing from one to two, as allowed by the federal regulations. Finally, the Commission is removing all language addressing the old 2016-2017 zone structure.    Chapter 97 contains the regulations for dove hunting. The USFWS now allows 90 days of dove hunting, up from 70 days, and the Commission is amending rule 571—97.6(481A) to reflect that change. This 20-day extension is not expected to result in a significant increase in harvest due to federal constraints on the opening date of the dove season, but it will allow hunters the maximum opportunity in season length to harvest doves.     Chapter 102 contains the regulations for falconry seasons. USFWS allows duck hunting by falconry during the conventional gun hunting seasons and afterwards, too, in a special “extended” falconry-only season. This special season cannot extend beyond the duck hunting season length of 107 days and is calculated as follows: 107 days minus 16 teal days, minus 2 youth days, minus 60 gun days, equals 29 days for exclusive falconry duck hunting. The later duck hunting dates implemented in the 2016-2017 seasons (and proposed again for 2017-2018) resulted in the loss of several days for exclusive falconry hunting because the conventional gun season went until December 18 in one zone and December 15 in another, which is the same day under subrule 102.2(1) that the “extended” falconry season started statewide. This four-day overlap between the gun season and the extended falconry season arguably “wasted” four of the falconry-only days because those falconers were already able to hunt. In other words, removing this overlap in the 2017-2018 seasons will allow for 29 days of exclusive falconry hunting, whereas last year there were only 25 days. Additionally, the Commission is changing the opening date of the extended falconry season from a specific calendar date (December 15) to a rotating weekend opener (i.e., “the first Saturday in January”), which will guarantee an annual weekend start and eliminate the need to amend the rule in the future solely to adjust a specific calendar date. Finally, the Commission updated the falconry regulations to amend the possession limit to three times the daily bag limit, per updated federal regulations, and removed incorrect language regarding the dark goose falconry season.    Any interested person may make written suggestions or comments on the proposed amendments on or before March 7, 2017. Written comments may be directed to Orrin Jones, Waterfowl Biologist, Department of Natural Resources, 1203 North Shore Drive, Clear Lake, Iowa 50428; by e-mail at Orrin.Jones@dnr.iowa.gov; or by fax at (641)357-5523. Persons who wish to convey their comments orally may contact Orrin Jones by telephone at (641)357-3517 or by visiting the Clear Lake Fish Hatchery during regular business hours.    There will be a public hearing on March 7, 2017, at 11:30 a.m. in the Fourth Floor Conference Room of the Wallace State Office Building Des Moines, Iowa. At the public hearing, persons may present their views either orally or in writing. Participants will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and request specific accommodations.    After analysis and review of this rule making, it was determined that there will not be an impact on jobs in the state.     These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.48.     The following amendments are proposed.

    Pursuant to the authority of Iowa Code sections 422.8, 422.13, 422.14, 422.16, 422.33, 422.36, 422.37, 422.68, 423.6, 423.33, 423.58, 423D.3, and 427.1, the Department of Revenue hereby gives Notice of Intended Action to amend Chapter 12, “Filing Returns, Payment of Tax, Penalty and Interest,” Chapter 32, “Receipts Exempt from Use Tax,” Chapter 39, “Filing Return and Payment of Tax,” Chapter 40, “Determination of Net Income,” Chapter 46, “Withholding,” Chapter 52, “Filing Returns, Payment of Tax, Penalty and Interest, and Tax Credits,” Chapter 53, “Determination of Net Income,” Chapter 54, “Allocation and Apportionment,” Chapter 80, “Property Tax Credits and Exemptions,” and Chapter 241, “Excise Taxes Not Governed by the Streamlined Sales and Use Tax Agreement,” and to adopt a new Chapter 242, “Facilitating Business Rapid Response to State-Declared Disasters,” Iowa Administrative Code.    These amendments are proposed as a result of 2016 Iowa Acts, Senate File 2306.    New Chapter 242 and the other proposed amendments facilitate the rapid response of businesses and workers to a disaster by providing that, notwithstanding any law to the contrary, an out-of-state business or an out-of-state employee that performs disaster and emergency-related work on critical infrastructure during a disaster response period due to a state-declared disaster is not subject to income tax, corporate income tax, use tax, equipment tax, property tax or tax filing, or permit or return requirements.    Interested persons may make written comments on the proposed amendments on or before March 7, 2017. Written comments on the proposed amendments should be directed by mail to the Policy Section, Policy and Communications Division, Department of Revenue, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306-0457; or by e-mail to theresa.dvorak@iowa.gov. Persons who want to convey their views orally should contact the Policy Section, Policy and Communications Division, Department of Revenue by telephone at (515)281-3194 or in person at the Department of Revenue offices on the fourth floor of the Hoover State Office Building.    Requests for a public hearing must be received by March 7, 2017.    After analysis and review of this rule making, these rules do not have a fiscal impact, but the statutes that they implement do have a fiscal impact. The fiscal note for 2016 Iowa Acts, Senate File 2306, dated March 28, 2016, provides a projected impact on the General Fund of a revenue reduction of $189,000 in FY 2017 and $324,000 in FY 2018 and future fiscal years (https://www.legis.iowa.gov/docs/publications/FN/782026.pdf).    Any person who believes that the application of the discretionary provisions of these rules would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).    After analysis and review of this rule making, the Department finds that these amendments are not likely to have a significant impact on jobs.    These amendments are intended to implement Iowa Code chapters 422, 423, 423D, and 427.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 86.8, the Workers’ Compensation Commissioner hereby gives Notice of Intended Action to amend Chapter 8, “Substantive and Interpretive Rules,” Iowa Administrative Code.    This proposed amendment updates references to the tables which determine payroll taxes, as required by Iowa Code section 85.61(6).    Any interested person may make written or oral suggestions or comments on the proposed amendment on or before March 7, 2017, to Heather Palmer, Division of Workers’ Compensation, 1000 East Grand Avenue, Des Moines, Iowa 50319; telephone (515)725–4120. Comments may be sent electronically to heather.palmer@iwd.iowa.gov.    The Division has determined that this amendment will have no fiscal impact. Therefore, no fiscal impact statement accompanies this rule making.    The Division has determined that this amendment will have no impact on small business within the meaning of Iowa Code section 17A.4A.    This amendment does not include a waiver provision because rule 876—12.4(17A) provides the specified situations for waiver of Workers’ Compensation Division rules.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code section 85.61(6).    The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 261.3, the Iowa College Student Aid Commission hereby adopts amendments to Chapter 8, “All Iowa Opportunity Scholarship Program,” and Chapter 35, “Iowa Teacher Shortage Loan Forgiveness Program,” Iowa Administrative Code.    The amendment to Chapter 8 corrects an Iowa Administrative Code reference.    The amendments to Chapter 35 provide a definition of “eligible school or agency” and strengthen and update the definition of “teacher.” In addition, for technical purposes, numbered paragraphs “1” to “4” are renumbered as subrules 35.3(1) to 35.3(4) in Item 3.    Notice of Intended Action was published in the Iowa Administrative Bulletin on August 17, 2016, as ARC 2677C. To address comments received, the Commission has not adopted original Item 1 from the Notice of Intended Action, which proposed to amend 8.3(1)“a” concerning the strengthening of the definition of “high school.” The Commission will review those comments and, if necessary, submit a new Notice of Intended Action to address further changes to Chapter 8.    The Commission does not intend to grant waivers under the provisions of these rules.    After analysis and review of this rule making, the Commission finds that there is no impact on jobs.    These amendments are intended to implement Iowa Code chapter 261.    These amendments will become effective on March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 15.106A and 404A.6, the Economic Development Authority adopts a new Chapter 49, “Historic Preservation and Cultural and Entertainment District Tax Credits,” Iowa Administrative Code.    These rules govern the administration of the Historic Preservation and Cultural and Entertainment District Tax Credit program. The program was previously administered by the Department of Cultural Affairs (DCA) and the Department of Revenue. 2016 Iowa Acts, chapter 1109 (House File 2443), division V, passed by the General Assembly, brought the program under the administration of the Iowa Economic Development Authority (Authority) in consultation with DCA, effective August 15, 2016. The Authority will administer the tax credit portion of the program, while DCA will review the historic components of the project applications. The new rules are based on DCA’s existing rules, but with several changes, including: (1) changes required by 2016 Iowa Acts, House File 2443; (2) limits to developer fees that qualify for the credit; and (3) expansion of rules governing the CPA examination required for projects with final qualified rehabilitation expenditures over $100,000.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2774C on October 12, 2016. The Authority received two comments. The first commenter requested that the term “implied notice” in subrule 49.17(3) be further defined or clarified. The Authority has reviewed this comment and determined that any further definition or clarification of this term may conflict with the same statutory language found in Iowa Code section 404A.3(4)“c”(3)(c).    The second commenter requested that the phrase “in all material respects” be added to the end of the first sentence in subparagraph 49.15(2)“d”(2). The Authority has reviewed this comment and determined that the addition of “in all material respects” appropriately clarifies the CPA examination requirement. For this reason, the Authority has decided to make this requested change.    The Authority made additional changes from the Notice in order to update references to Department of Revenue rules that were adopted in ARC 2928C (IAB 1/18/17) and in order to update the chapter implementation sentence to reflect the codification of 2016 Iowa Acts, House File 2443.     The Economic Development Authority Board adopted this amendment at its meeting held on January 20, 2017.     This rule making does not have any fiscal impact to the state of Iowa.    After analysis and review of this rule making, no impact on jobs has been found.    These rules are intended to implement Iowa Code chapter 404A.    These rules will become effective on March 22, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 24, “Community College Accreditation,” Iowa Administrative Code.    These amendments to Chapter 24 incorporate changes to the Department’s administrative rules that establish accreditation standards for Iowa’s community colleges. Several definitions are added to or amended under rule 281—24.3(260C). Several subrules and paragraphs in rule 281—24.5(260C) are revised, including those in which additional state standards pertaining to faculty qualifications, faculty load, and special needs are added. The amendments to subrule 24.5(1) align the Department’s standards for faculty with those of the Higher Learning Commission (HLC) (formerly the North Central Association of Colleges and Schools), the regional accrediting body for Iowa’s community colleges, whose standards have recently been revised and are effective September 1, 2017. New paragraph 24.5(1)“c” establishes a statewide task force to develop procedures, guidelines and documentation and ensures ongoing compliance with HLC standards. The amendment to paragraph 24.5(2)“b” lifts the daily restriction on the career and technical education faculty load (maximum 6 hours) and simply maintains the aggregate 30 contact hours per week. The amendments to subrule 24.5(3) change the catchwords of the subrule from “special needs” to “special needs and protected classes” to align with Office for Civil Rights language; the amendments also expand the standard by incorporating other categories protected by state or federal civil rights legislation. These amendments align the Iowa Department of Education’s accreditation processes with those of the HLC, the regional accrediting body.    An agencywide waiver provision is provided in 281—Chapter 4.    Notice of Intended Action was published in the December 7, 2016, Iowa Administrative Bulletin as ARC 2853C. Public comments were allowed until 4:30 p.m. on January 6, 2017. A public hearing was held on January 6, 2017. No one attended the public hearing. No comments were received. These amendments are nearly identical to those published under Notice. One change was made in subrule 24.5(4) to change the word “educational” to “education” for consistency.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 260C.47 and 260C.48.     These rules will become effective March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 256.7(21), the State Board of Education hereby adopts new Chapter 35, “Educational Standards and Program Requirements for Children’s Residential Facilities,” Iowa Administrative Code.    New Chapter 35 outlines the educational standards and program requirements for children’s residential facilities. 2016 Iowa Acts, chapter 1114 (Senate File 2304), addresses standards for and certification and inspection of children’s residential facilities. This legislation requires the Board to adopt rules governing educational programs and educational services provided by children’s residential facilities pursuant to 2016 Iowa Acts, chapter 1114, section 11. This rule making follows that directive.    An agencywide waiver provision is provided in 281—Chapter 4.    Notice of Intended Action was published in the December 7, 2016, Iowa Administrative Bulletin as ARC 2852C. Public comments were allowed until 4:30 p.m. on January 6, 2017. A public hearing was held on December 27, 2016, and on January 6, 2017. Four persons attended the public hearings. Three public comments were received. From those comments, a few minor changes from the Notice were made. The Department also sua sponte removed references to juvenile homes and included the statute’s list of exclusions after reviewing the enabling statute. The persons attending the first public hearing asserted that the legislation’s exemption from regulating religious curricula should, in effect, create a blanket exemption from this chapter for faith-based private entities. That assertion is incompatible with the language of 2016 Iowa Acts, chapter 1114, and no change has been made to the rules.    After analysis and review of this rule making, no impact on jobs has been found.     These rules are intended to implement 2016 Iowa Acts, chapter 1114.     These rules will become effective on March 22, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby rescinds Chapter 46, “Vocational Education Programs,” and adopts a new Chapter 46, “Career and Technical Education,” and rescinds Chapter 47, “Career Academies,” Iowa Administrative Code.    New Chapter 46 implements the provisions of 2016 Iowa Acts, chapter 1108, (House File 2392), division II. 2016 Iowa Acts, chapter 1108, grants the State Board of Education authority to adopt standards for career and technical education service areas, regional secondary career and technical education planning partnerships, career academies, regional centers, and more. Accordingly, Chapter 46 establishes the revised career and technical education services areas and aligns national career clusters to each service area. A process for establishing standards for the career and technical education service areas is also adopted. The chapter establishes the secondary program approval and regular review process through which all secondary career and technical education programs will be approved and reviewed. The chapter clarifies the duties, requirements, and membership of local program advisory councils and establishes alternative council structures which programs may utilize in meeting statutory requirements. Standards for regional career and technical education planning partnerships are established, including standards related to partnership approval, compliance, duties, and permissible uses of funds. Standards are also established for career academies and regional centers. Because rules for career academies are included in new Chapter 46, existing Chapter 47 pertaining to career academies is rescinded and reserved.    An agencywide waiver provision is provided in 281—Chapter 4.    Notice of Intended Action was published in the December 7, 2016, Iowa Administrative Bulletin as ARC 2855C. Public comments were allowed until 4:30 p.m. on January 6, 2017. A public hearing was held on January 6, 2017. Thirteen people attended the public hearing. Fifteen public comments were received. Almost all of the public comments spoke to the underlying statute, 2016 Iowa Acts, chapter 1108, or to future implementation of that statute. Because the Department and the State Board of Education lack authority to modify the statute, these rules are identical to those published under Notice of Intended Action.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code chapter 258 and 2016 Iowa Acts, chapter 1108.    These rules will become effective on March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” Iowa Administrative Code.    Chapter 79 outlines the standards and program requirements that all traditional educator preparation programs must meet in order to be accredited to prepare educators in Iowa. Compliance with these standards is required and evaluated during each educator preparation program’s accreditation review. The standards are also applied in an annual reporting system. These amendments update the current standards because of pertinent changes to the Iowa Code made during the 2016 Legislative Session and keep the rules current with national standards for educator preparation.     Pursuant to Iowa Code section 256.7(3), no waiver of these rules is permitted.    Notice of Intended Action was published in the October 12, 2016, Iowa Administrative Bulletin as ARC 2761C. Public comments were allowed until 4:30 p.m. on November 1, 2016. A public hearing was held on November 1, 2016, from 9 to 10 a.m. One person spoke at this hearing. Written comments regarding these amendments were received through over 75 e-mails. The comments expressed concern that Chapter 79 does not contain requirements for curriculum specific to dyslexia. Fifteen interested stakeholders met on January 5, 2017, and made changes to the proposed amendments to address the comments received. These amendments reflect changes made by consensus during this meeting.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code section 256.7(3).    These amendments will become effective March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission (Commission) hereby amends Chapter 20, “Scope of Title—Definitions—Forms—Rules of Practice,” Chapter 21, “Compliance,” Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 25, “Measurement of Emissions,” Chapter 26, “Prevention of Air Pollution Emergency Episodes,” Chapter 27, “Certificate of Acceptance,” Chapter 28, “Ambient Air Quality Standards,” Chapter 31, “Nonattainment Areas,” and Chapter 33, “Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” Iowa Administrative Code.    The purpose of the rule making is to:    1. Rescind unnecessary rules and update other rules to provide regulatory certainty and flexibility. The amendments implement a portion of the Department of Natural Resources’ (Department) five-year review of rules plan to accomplish the requirements of Iowa Code section 17A.7(2).    2. Offer uniform rules by making changes that match federal regulations and eliminate inconsistencies between federal and state rules. By adopting federal updates into state administrative rules, the Commission is ensuring that Iowa’s air quality rules are no more stringent than federal regulations. Additionally, the updates allow the Department, rather than the United States Environmental Protection Agency (EPA), to be the primary agency to implement the air quality requirements in Iowa, thereby allowing the Department and its partners to provide compliance assistance and outreach to affected facilities.    Notice of Intended Action was published in the Iowa Administrative Bulletin on November 9, 2016, as ARC 2799C, and a public hearing was held on December 12, 2016, in Windsor Heights, Iowa. The Department received no comments at the public hearing. The Department received one written comment prior to the December 12, 2016, deadline for public comments. In response to the public comment, the Commission made clarifying changes to the adopted amendment in Item 8, as described below, from the amendment published under Notice of Intended Action. The Commission did not make any other changes from the amendments published under Notice of Intended Action. The Department’s public participation responsiveness summary is available from the Department upon request.    Item 1 amends the title of Chapter 20 to shorten and correct the title so that it better describes what is included in the chapter.    Item 2 amends rule 567—20.1(455B,17A) to update the summaries that describe each chapter of the air quality rules. The amendments in Items 1 and 2 implement a portion of the Department’s five-year review of rules plan.    Item 3 amends rule 567—20.2(455B), the definition of “EPA reference method,” to adopt the most current EPA methods for measuring air pollutant emissions (stack testing and continuous monitoring). On September 13, 2010, February 27, 2014, and April 2, 2014, EPA revised the reference methods in 40 Code of Federal Regulations (CFR) Parts 51, 60, 61, and 63 to eliminate outdated procedures, add alternative testing methods, and restructure the audit program. EPA’s changes to the audit program allow providers to supply audit samples and require facilities to obtain and use samples from either EPA or the accredited providers. On January 18, 2012, EPA also made administrative changes to the continuous monitoring methods in 40 CFR Part 75 for the acid rain program. Adopting EPA’s updates ensures that state reference methods match current federal reference methods and are not more stringent than the federal methods. Further, the alternative test methods and restructured audit program offer regulatory flexibility to affected facilities. The amendments in Items 10, 17, 20, 21, 22, 25, and 26 are adopted concurrently with this amendment to similarly reflect updates to EPA testing and monitoring methods as the methods apply to specific air quality programs.    Item 4 rescinds subrule 21.1(4), which specifies the emissions inventory requirements for the Clean Air Interstate Rule (CAIR). EPA rescinded the referenced federal CAIR requirements, so the provisions in subrule 21.1(4) are no longer necessary and are being removed.    Item 5 amends paragraph 22.1(1)“b” to remove the federal amendment date for the referenced federal regulation and adds language to instead refer to the state rule in which the federal regulation is adopted by reference. The provisions of 40 CFR Part 63 are adopted by reference in Chapter 23 (specifically, subrule 23.1(4)). This amendment implements a portion of the Department’s five-year review of rules plan by eliminating repetition of federal reference dates.    Item 6 amends subparagraph 22.1(1)“c”(2) to adopt the two most recent changes made by EPA to the federal air quality control strategies for lead. EPA made changes to 40 CFR Part 51, Subpart G, on November 12, 2008, and February 19, 2015. This amendment ensures that this subparagraph references all federal control requirements for lead nonattainment areas and that state control strategy requirements are not more stringent than federal requirements. Iowa currently has one area of the state, in Council Bluffs, that is not meeting the air quality standards for lead and is a nonattainment area to which these control strategies apply.    Item 7 amends subrule 22.1(2) to make updates to the exemptions from construction permitting, as described below.    The introductory paragraphs are updated to clarify that facilities applying for plantwide applicability limitations (PALs), as specified in rule 567—33.9(455B), are eligible to use the construction permitting exemptions.    Paragraph 22.1(2)“b” is updated to revise the reference to federal regulations. EPA amended the specifications for burning used oil set forth in 40 CFR 279.11 on July 14, 2006, to correct typographical errors, spelling errors, and incorrect citations. EPA’s amendments did not create any new regulatory requirements. This update ensures the exemption from the requirement for a construction permit for equipment burning used oil references the current federal requirements.    Paragraph 22.1(2)“x” is updated to remove a misplaced comma.    Paragraph 22.1(2)“ff” is updated to correct an error in a technical equation.    Paragraph 22.1(2)“oo” is updated to revise the reference to federal regulations. On April 30, 2010, EPA updated 40 CFR 1068.30 to clarify the definition of “engine.” This amendment ensures the exemption from a requirement for a construction permit for non-road diesel engines references current federal regulations.    Item 8 amends subrule 22.1(3) to reduce the number of copies of a construction permit application required to be submitted to the Department. Except for projects subject to prevention of significant deterioration (PSD) or nonattainment new source review (NSR), only one hard copy of the application (instead of two copies) needs to be submitted. For PSD or nonattainment NSR projects, the Department may request an additional hard copy or electronic copy. These changes reduce the regulatory burden on affected facilities and implement a portion of the Department’s five-year review of rules plan.    The Department received a public comment on the Notice of Intended Action requesting additional changes to subrule 22.1(3). Specifically, the commenter requested that the subrule better clarify that the provisions for submitting a construction permit for an anaerobic lagoon at an animal feeding operation are set forth in 567—Chapter 65. The Commission agrees with the commenter’s suggestion and has included clarifying revisions in the adopted amendment.    Item 9 amends paragraph 22.1(3)“b” to replace the outdated form title, “Air Construction Permit Application,” with the current instructions for submitting an application on forms available on the Department’s Web site. This change fulfills a portion of the Department’s five-year review of rules plan.    Item 10 amends rule 567—22.100(455B) to update specific definitions applicable to the Title V Operating Permit (Title V) program, as described below.    The definition of “designated representative” is revised to update the reference to federal regulations to reflect administrative changes to 40 CFR Part 72.    The definition of “EPA reference method” is updated to adopt the most current federal reference methods for stack tests and continuous emissions monitoring, as described above for Item 3.    The definition of “existing hazardous air pollutant source” is revised to remove federal amendment dates and add the cross references to the state rules in which the federal regulations are adopted by reference. The federal definitions applicable to this Title V definition are adopted by reference in subrules 23.1(3) and 23.1(4).    The definition of “high-risk pollutant” is updated to remove the federal amendment date and to add the cross reference to the state rule in which the federal regulation is adopted by reference (subrule 23.1(4)).    The definition of “major source” is revised to reflect the March 6, 2015, changes EPA made to that definition as it applies in nonattainment areas.    The updates in this amendment make certain that the state rules for the Title V program are consistent with federal requirements and are no more stringent than federal requirements. Additionally, the amendment implements a portion of the Department’s five-year review of rules plan by making clear which federal standards are already adopted into state rules and by eliminating unnecessary federal reference dates.    Item 11 amends the definition of “subject to regulation” to adopt the updated federal methods for estimating and reporting greenhouse gas emissions.    Item 12 amends subrule 22.102(3) to update the Title V exemptions. Facilities affected by specific federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) are exempt from the Title V program if being subject to these standards is the only reason a facility would be required to obtain a Title V permit. This amendment specifies which NSPS and NESHAP are adopted by reference in Chapter 23, as explained in Items 19, 20, and 21. The changes made in this amendment ensure that the Title V exemptions are up to date and include all exempt equipment and processes.    Item 13 amends subrule 22.103(1) to adopt the October 6, 2009, changes that EPA made to 40 CFR 70.5. Making this change ensures that state rules for Title V insignificant activities include up-to-date references to federal regulations.    Item 14 amends paragraph 22.103(2)“b” to add indirect cooling to the description of fuel-burning equipment that may be classified as an insignificant activity for the Title V program. This update provides regulatory relief for Title V facilities with indirect cooling devices. Additionally, this amendment updates the reference to federal regulations for burning used oil, as explained above for Item 7. These changes also achieve consistency in the air quality rules by making the requirements for this Title V insignificant activity identical to the construction permitting exemption for the same equipment.    Item 15 amends rule 567—22.105(455B) to update the mailing address for the EPA Region VII offices and to provide regulatory relief to facilities that are submitting a Title V application and have previously submitted an annual emissions inventory.    Currently, all facilities submitting a Title V initial application or renewal application must also submit all of the emissions inventory forms and calculations. Many times, however, a facility has already submitted this information with the annual emissions inventory, which is typically due before the Title V application. The amendment allows the Department to notify a facility that, if the required emissions inventory information has already been submitted, the facility does not need to provide the same information with the Title V application.    These two changes eliminate redundant information, reduce the regulatory burden on affected facilities and implement a portion of the Department’s five-year review of rules plan.    Item 16 amends subparagraph 22.108(17)“a”(2) to update the reference to federal regulations in 40 CFR 70.4. The amendment ensures that state Title V provisions reference the most current federal regulations.    Item 17 amends the introductory paragraph of rule 567—22.120(455B) to update the adoption by reference of definitions in 40 CFR Part 72 to match the current federal regulations for the acid rain program.    Item 18 amends rule 567—22.120(455B) to update definitions applicable to 40 CFR Parts 72, 75, and 78 to ensure that state rules for the acid rain program reference the most current federal regulations.    Item 19 amends subrule 22.128(4) to reduce the number of submittals required for the acid rain program to two copies of the application. This change reduces the regulatory burden for affected facilities and implements a portion of the Department’s five-year review of rules plan.    New Source Performance Standards and Air Toxics Standards (Items 20, 21, and 22)    The U.S. Clean Air Act (CAA) obligates the EPA to issue standards to control air pollution. Two categories of standards, the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP), set standards and deadlines for industrial, commercial or institutional facilities to meet uniform standards for equipment operation and air pollutant emissions.    NESHAP regulations differ depending on whether a facility is a “major source” or an “area source.” Major sources are typically larger facilities and have potential emissions of 10 tons or more per year of any single hazardous air pollutant (also known as “HAP” or “air toxics”) or 25 tons or more of any combination of HAPs. Area sources have potential air toxics emissions at less than the major source thresholds. Although area sources generally emit less air toxics than major sources, area sources are more numerous and may collectively cause adverse impacts to public health.    Because the NSPS and NESHAP proposed for adoption are federal regulations, affected sources are subject to the federal requirements regardless of whether the Commission adopts the standards into state rules. However, the CAA allows a state or local agency to implement NSPS and NESHAP as a “delegated authority.” Upon state adoption, the Department becomes the delegated authority for the specific NSPS or NESHAP and is the primary implementation agency in Iowa. Two local agencies, Polk County and Linn County, implement these standards within their counties. Iowa’s rules, including all compliance deadlines, are identical to the federal NSPS and NESHAP as of a specific date.    Stakeholders affected by NSPS and NESHAP typically prefer for the Department, rather than the EPA, to be the primary implementation authority. Upon adoption of the new and amended NSPS and NESHAP, the Department will work with affected facilities to provide compliance assistance, as needed. Additionally, affected area sources that are small businesses are eligible for free assistance from the Iowa Air Emissions Assistance Program through the University of Northern Iowa.    NSPS Amendments    Item 20 amends subrule 23.1(2) to adopt new and revised NSPS, as described below.    The text in parentheses in each section heading below indicates the applicable subpart(s) in 40 CFR Part 60 and the corresponding paragraph(s) in subrule 23.1(2).    Fossil Fuel-Fired Steam Generators (Subpart D; paragraph 23.1(2)“a”)    These changes make clear that recent EPA revisions to the standards for fossil fuel-fired steam generators are not adopted into state rules. EPA finalized amendments to the NSPS in conjunction with finalizing NESHAP standards commonly known as the Mercury Air Toxics Standards (MATS). Because of current litigation affecting the MATS and the NSPS amendments, the NSPS amendments that EPA finalized on and after February 16, 2012, are not adopted in this rule making. Rather, only the federal amendments as published through January 20, 2011, are adopted (these are the NSPS amendments currently adopted in paragraph 23.1(2)“a”). The same changes are made for other, similar NSPS affecting fossil fuel-fired units, as described below.    Portland Cement Plants (Subpart F; paragraph 23.1(2)“c”)    The amendment adopts the revisions to the NSPS that EPA published on September 11, 2015, July 27, 2015, and February 12, 2013, that resolve litigation and reconsiderations of the NSPS amendments that EPA issued in 2010. The revisions apply only to sources that commenced construction, reconstruction or modification after May 6, 2009. Because the 2015 changes to the Portland cement NSPS are the most recent changes of all the NSPS amendments being adopted in subrule 23.1(2), September 11, 2015, is the overall NSPS amendment date indicated in the introductory paragraph of subrule 23.1(2).    Existing Nitric Acid Plants (Subpart G; paragraph 23.1(2)“d”)    The amendment specifies that Subpart G now applies only to nitric acid production units that commenced construction or modification after August 17, 1971, and on or before October 14, 2011. Any facility that commenced construction or modification after October 14, 2011, is subject to Subpart Ga, as noted for the description of paragraph “bbbb” below.    Hot Mix Asphalt Plants (Subpart I; paragraph 23.1(2)“f”)    The Commission is revising outdated and incomplete descriptions of the NSPS for hot mix asphalt plants. EPA did not make any changes to the NSPS. However, modernizing the descriptions of the NSPS provides clarity to regulated entities and the public and assists in implementing the Department’s five-year review of rules plan.    Electric Utility Steam Generating Units (Subpart Da; paragraph 23.1(2)“z”)    Because of current litigation as described above for paragraph 23.1(2)“a,” the NSPS amendments that EPA finalized on and after February 16, 2012, are not adopted in this rule making. Rather, only the federal amendments as published through January 20, 2011, are adopted.    Industrial-Commercial-Institutional Steam Generating Units (Subpart Db; paragraph 23.1(2)“ccc”)    Because of current litigation as described above for paragraph 23.1(2)“a,” the NSPS amendments that EPA finalized on and after February 16, 2012, are not adopted in this rule making. Rather, only the federal amendments as published through January 20, 2011, are adopted.    Small Industrial-Commercial-Institutional Steam Generating Units (Subpart Dc; paragraph 23.1(2)“lll”)    Because of current litigation as described above for paragraph 23.1(2)“a,” the NSPS amendments that EPA finalized on and after February 16, 2012, are not adopted in this rule making. Rather, only the federal amendments as published through January 20, 2011, are adopted.    Commercial and Industrial Solid Waste Incineration (Subpart CCCC; paragraph 23.1(2)“vvv”)    This paragraph is being updated to make clear that recent EPA amendments to the NSPS for commercial and industrial solid waste incinerators (CISWI) are not adopted. EPA revised the NSPS in 2011 and again in 2013, but the EPA amendments were still under active EPA reconsideration and current litigation when the Notice of Intended Action for this rule making was approved by the Commission. The adopted amendment specifies that only the federal amendments as published through December 1, 2000, are adopted (these are the NSPS amendments that were previously adopted in paragraph 23.1(2)“vvv”).    New Nitric Acid Plants (Subpart Ga; paragraph 23.1(2)“bbbb”)    On August 14, 2012, EPA published the NSPS for new, reconstructed, and modified nitric acid plants. Adoption of this standard allows the Department to provide additional regulatory assistance to fertilizer plants permitted for construction or modification after October 14, 2011.    Test Methods (Amendments throughout Part 60)    The amendment adopts the changes EPA made to the NSPS test methods, as explained in the description above for Item 3.    NESHAP Amendments    Item 21 amends subrule 23.1(3) to adopt revisions to the NESHAP standards in 40 CFR Part 61 for EPA’s updates to test methods, as explained above for Item 3.    Item 22 amends subrule 23.1(4) to adopt federal amendments to the NESHAP for source categories, as described below.    The text in parentheses in each section heading below indicates the applicable subpart(s) in 40 CFR Part 63 and the corresponding paragraph(s) in subrule 23.1(4). With the exceptions of the amendments described below for paragraphs 23.1(4)“bl” and “cz,” the amendments to the other NESHAP are adopted through updating the overall NESHAP amendment date in the introductory paragraph of subrule 23.1(4); thus, the paragraphs themselves are not being revised. This amendment also rescinds the adoption of a NESHAP affecting petroleum refineries and removes outdated references to two NESHAP affecting brick and structural clay manufacturing and clay ceramics manufacturing, as explained below.    Chromium Electroplating (Subpart N; paragraph 23.1(4)“n”)    The amendment adopts revisions to the NESHAP for chromium electroplating facilities that EPA published on September 19, 2012. The NESHAP affects both major sources and area sources. EPA’s updates establish new work practice and emission standards that will lower chromium emissions from some facilities and equipment.    Facilities were required to comply with the work practice standards specified in the NESHAP by March 19, 2013. Facilities subject to new emissions or control requirements were required to comply with the new provisions by September 19, 2014. The Department estimates 11 existing facilities are subject to this NESHAP.    Pulp and Paper Industry (Subpart S; paragraph 23.1(4)“s”)    The amendment adopts EPA’s revisions to the pulp and paper NESHAP that were published on September 11, 2012. At this time, no facilities in Iowa are affected by this NESHAP. However, the Department is aware of one facility that could become subject to the standards in the future should the facility expand or make changes to its production process.    Offsite Waste and Recovery Operations (Subpart DD; paragraph 23.1(4)“ad”)    The amendment adopts changes to the standards for offsite waste and recovery operations published on March 18, 2015. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities that change their production lines, could become subject to this NESHAP in the future.    Wood Furniture Manufacturing (Subpart JJ; paragraph 23.1(4)“aj”)    The amendment adopts changes to the standards for wood furniture manufacturing published on November 21, 2011. This NESHAP affects only major sources. EPA’s revisions establish a work practice limit to reduce formaldehyde emissions from affected facilities. Facilities were required to comply with the new requirements by November 21, 2014. The Department estimates that nine existing facilities are currently subject to the NESHAP.    Generic MACT (Subpart YY; paragraph 23.1(4)“ay”)    The amendment adopts EPA’s recent changes to the “generic MACT” standards, published on October 8, 2014. EPA developed the generic MACT in 1999 as a consolidated rule for source categories consisting of five or fewer major sources. Through the generic MACT, EPA sets the Maximum Achievable Control Technology (MACT) for the specific source categories by referring to previously finalized MACT for similar sources in other categories. EPA’s stated goal in the generic MACT is to promote regulatory consistency and predictability.    Currently, one facility in Iowa is affected by the generic MACT. EPA’s recent revisions, however, do not apply to this facility.    Mineral Wool Production (Subpart DDD; paragraph 23.1(4)“bd”)    The amendment adopts changes to the standards for mineral wool production published on July 29, 2015. This standard affects only major facilities. At this time, no facilities in Iowa are affected by this NESHAP. New facilities, or existing facilities in Iowa that change their production lines, could become subject to this NESHAP in the future.    Natural Gas Transmission and Storage (Subpart HHH; paragraph 23.1(4)“bh”)    The amendment adopts EPA’s August 16, 2012, updates to the standards for natural gas transmission and storage. Facilities were required to comply with the new requirements by October 15, 2015. One facility has notified the Department that the facility is subject to the new NESHAP requirements.    Flexible Polyurethane Foam Production (Subpart III; paragraph 23.1(4)“bi”)    This update adopts the August 15, 2014, amendments to the standards for flexible polyurethane foam production. These standards apply only to major sources. New facilities, or existing facilities in Iowa that change their production lines, could become subject to this NESHAP in the future.    Portland Cement Plants (Subpart LLL; paragraph 23.1(4)“bl”)    The amendment adopts the revisions to the NESHAP that EPA published on July 25, 2016, September 11, 2015, July 27, 2015, and February 12, 2013, which resolve litigation and reconsiderations of the NESHAP that EPA issued in 2010. Because the 2016 revisions to the Portland cement NESHAP are the most recent changes of all the NESHAP amendments being adopted in subrule 23.1(4), July 25, 2016, is the overall NESHAP amendment date indicated in the introductory paragraph of subrule 23.1(4).    EPA’s amendments establish emission limits and monitoring methods for emissions of particulate matter, mercury, and air toxics from kilns. The amendments also establish work practices to reduce particulate emissions from open clinker storage piles. Additionally, EPA provides a temporary compliance alternative and extends the compliance date for affected facilities to meet the emission standards for kilns.    One facility has notified the Department that it is subject to NESHAP. One facility has notified the Department that it is not subject to the NESHAP requirements for kilns but is affected by the NESHAP requirements for clinker storage piles and other non-kiln-related requirements.    The amendments to Subpart LLL are adopted through updating the overall NESHAP amendment date in the introductory paragraph of subrule 23.1(4). The revision to paragraph 23.1(4)“bl” removes the older amendment date that is now obsolete with the adoption of the current NESHAP amendments.    Pesticide Active Ingredient Production (Subpart MMM; paragraph 23.1(4)“bm”)    This revision adopts EPA’s amendments to the standards for pesticide active ingredient production, published on March 27, 2014. This NESHAP affects only major sources. The updated NESHAP required compliance with some new requirements starting on March 27, 2014, and requires compliance with other new requirements by March 27, 2017. One facility has notified the Department that the facility is subject to the NESHAP.    Manufacture of Amino/Phenolic Resins (Subpart OOO; paragraph 23.1(4)“bo”)    This amendment adopts EPA’s October 8, 2014, updates to the standards for manufacture of amino/phenolic resins. This NESHAP applies only to major sources. New facilities, or existing facilities in Iowa that change their production lines, could become subject to this NESHAP in the future.    Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units (Subpart UUU; paragraph 23.1(4)“bu”)    The Department identified that this previously adopted NESHAP does not affect any facilities in Iowa and is unlikely to affect any Iowa facilities in the future. The Commission is striking and removing the paragraph that adopts by reference this NESHAP. The removal accomplishes the Department’s goal of eliminating obsolete rules and meets the requirements in Iowa Code section 17A.7(2). If an affected facility should plan to locate in Iowa, the Department will evaluate whether to request adoption of the standards at that time. Removing the unnecessary provisions makes the rules more accessible and understandable for regulated entities and the public.    Emission Standards for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP) (Subpart ZZZZ; paragraph 23.1(4)“cz”)    The Commission previously adopted the RICE NESHAP amendments that EPA finalized on January 30, 2013 (see ARC 1014C, IAB 9/18/13). Paragraph 23.1(4)“cz” is now being amended to remove the January 30, 2013, amendment date that is no longer needed because the introductory paragraph for subrule 23.1(4) now accurately reflects the current amendment date for all NESHAP adopted by reference in subrule 23.1(4), including the RICE NESHAP.    Brick and Structural Clay Products Manufacturing (Subpart JJJJJ; paragraph 23.1(4)“dj”)    This amendment removes an obsolete reference to the NESHAP for brick and structural clay manufacturing. The Commission had previously adopted the NESHAP. However, the NESHAP was subsequently vacated by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court). The Commission consequently rescinded adoption by reference of the NESHAP, but retained the NESHAP description with a notation explaining the vacatur and rescission.    EPA finalized a new NESHAP on September 24, 2015, to replace the vacated standards. However, the new federal standards are currently under active litigation. At such time as the litigation is resolved, the Commission will consider whether to include adoption of the new standards in a future rule making.    The adoption by reference of the previous NESHAP is being removed because the reference is outdated and could cause confusion now that EPA has issued a new NESHAP.    Clay Ceramics Manufacturing (Subpart KKKKK; paragraph 23.1(4)“dk”)    This amendment removes an obsolete reference to the NESHAP for clay ceramics manufacturing. The Commission had previously adopted the NESHAP. However, the NESHAP was subsequently vacated by the D.C. Circuit Court concurrently with the vacating of the NESHAP for brick and structural clay manufacturing. The Commission did not rescind adoption of the NESHAP for clay ceramics manufacturing at that time because the NESHAP did not affect any Iowa facilities and was unlikely to affect any Iowa facilities in the future.    EPA finalized a new NESHAP on September 24, 2015, to replace the vacated standards. The Commission will consider whether to include adoption of the new standards in a future rule making.    The paragraph adopting the previous, vacated NESHAP is being removed because the paragraph is outdated and could cause confusion now that EPA has issued a new NESHAP.    Test Methods (Amendments throughout Part 63)    The amendment also adopts the changes EPA made to the NESHAP test methods, as explained in the description above for Item 3.    Item 23 amends subparagraph 23.1(5)“a”(3) to correct an error in the emission guidelines for municipal solid waste landfills. This update clarifies that landfills must meet both the size and weight requirements indicated in the subparagraph, rather than only one of these requirements, to be subject to the emission guidelines. The amendment makes the requirements consistent with the regulatory flexibility specified elsewhere in the emission guidelines.    Item 24 amends subrule 23.3(1) to clarify that facility operations subject to performance standards under subrule 23.1(2) (NSPS) are not also subject to the emission standards specified in rule 567—23.3(455B).    Item 25 amends subrule 25.1(9) to adopt the revised federal methods for emissions testing and monitoring as described above for Item 3. The updates will make certain that only current federal test methods are used to demonstrate compliance with permit conditions and that required test methods are no more stringent than federal methods.    Item 26 amends rule 567—25.2(455B) to adopt federal updates for monitoring methods under the acid rain program, as noted above for Item 3. This update ensures that state air quality rules for testing and monitoring are consistent and match federal regulations.    Item 27 amends subrule 26.2(2) to reflect the current federal levels and terminology for air pollution emergency episodes for ozone and particulate matter to be used in making determinations for the declaration of an emergency episode condition.    Item 28 amends rule 567—27.1(455B) to correct a reference to the Iowa Code from section 455B.145 to 455B.139.    Item 29 amends paragraph 27.3(4)“c” to revise the variance procedures for local programs to be consistent with the Department’s variance procedures and rules specified in Chapter 21. This change provides regulatory certainty for affected facilities and additional flexibility for approved local air quality programs.    Item 30 amends rule 567—28.1(455B) to adopt by reference EPA’s revisions to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM 2.5 ). On January 15, 2013, EPA published amendments to the primary (health-based) annual PM 2.5 standard by lowering the level from 15.0 micrograms per cubic meter (mg/m 3 ) to 12.0 mg/m 3 to provide increased protection against health effects associated with long-term exposures. The Department has determined that no other changes to air quality rules are needed to implement the revised NAAQS for PM 2.5 .    Item 31 rescinds and reserves rule 567—31.2(455B) to remove the adoption by reference of federal “general conformity” requirements specified in 40 CFR Part 93, Subpart B. The general conformity provisions require federal agencies to meet criteria for federal actions conducted in nonattainment areas. Prior to 2005, the CAA required states to include general conformity requirements in any State Implementation Plan (SIP) submitted for a nonattainment area. The CAA was revised in 2005 to eliminate this requirement, and EPA subsequently updated regulations in 40 CFR 51.851 to make a general conformity SIP optional for states. The federal general conformity requirements in 40 CFR Part 93 continue to apply to federal agencies without the need for identical state rules or SIPs. Consistent with the Department’s five-year review of rules plan, Iowa’s general conformity provisions are no longer necessary and are being rescinded.    Item 32 amends rule 567—33.1(455B) to reflect EPA’s revisions to the PSD program. The specific revisions are adopted in Items 33, 34, 35, 36, and 37 and are described below.    Item 33 amends subrule 33.3(1) by defining “subject to regulation” in the same manner as described above for Item 11 to adopt the updated federal methods for estimating and reporting greenhouse gas emissions. Item 33 also revises the definition of “subject to regulation” to remove thresholds related to greenhouse gases. The revision is identical to the changes EPA made to federal PSD regulations on August 19, 2015.    Item 34 amends subrule 33.3(9) to adopt by reference EPA’s revision to 40 CFR 52.21(i). On December 9, 2013, EPA rescinded the significant monitoring concentration for PM 2.5 . On March 6, 2015, EPA added provisions explaining that areas designated as nonattainment for a NAAQS, and for which the NAAQS have since been revoked, are not considered to be current nonattainment areas. Specific PSD requirements may apply to facilities in those areas. This amendment makes certain that the state PSD requirements are identical to current federal regulations and are not more stringent than federal regulations.    Item 35 amends subrule 33.3(11) to adopt EPA’s updates to 40 CFR 52.21(k), published on December 9, 2013, to remove the Significant Impact Levels for PM 2.5 . This change ensures that state PSD provisions match federal regulations.    Item 36 amends subrule 33.3(20) by correcting the table that lists the federal significance levels for PSD major source or major modification to remove the inaccurate title, “Significant Impact Levels (SILs).” This change should improve clarity for regulated facilities referring to these provisions.    Item 37 amends subrule 33.3(22) to allow for rescission of PSD permits that are no longer required for a source classified as major for PSD solely because of the source’s greenhouse gas emissions or for a source emitting major levels of other pollutants that underwent a modification resulting in an increase of only greenhouse gas emissions above the levels specified for a major modification. This update matches changes EPA made to the federal PSD regulations in 40 CFR 52.21(w), published on May 7, 2015, and August 19, 2015.    Jobs Impact Statement    The following is a summary of the jobs impact statement. The complete jobs impact statement is available from the Department upon request.    After analysis and review, the Commission has determined that the amendments adopted in Items 1 through 19 and Items 23 through 37 will have no impact on private sector jobs or will have a positive impact on private sector jobs. These amendments rescind unnecessary rules, update other rules, and streamline the rules to provide regulatory certainty and, in some cases, regulatory relief. These amendments also implement a portion of the Department’s five-year review of rules plan as required under Iowa Code section 17A.7(2). Additionally, most of these amendments make changes that match federal regulations and eliminate inconsistencies between federal regulations and state rules. By adopting federal updates into state rules, the Commission is ensuring that Iowa’s air quality rules are no more stringent than federal regulations.    For the amendments adopted for Items 20, 21, and 22 (adoption of new and amended NSPS and NESHAP), the Commission has determined that jobs could be impacted. However, the amendments are only implementing federally mandated regulations. The amendments are identical to the federal regulations and would not impose any regulations on Iowa businesses not already required by federal law. In some cases, the revised federal standards being adopted provide more flexibility and potential cost savings for affected businesses, offering a positive impact on private sector jobs. Further, the amendments allow the Department, rather than EPA, to be the primary agency to implement the standards in Iowa, thereby allowing the Department and its partners to provide compliance assistance to affected facilities. The amendment in Item 22 also removes the adoption by reference of two NESHAP and removes an obsolete reference to one NESHAP. Eliminating unnecessary rules implements a portion of the Department’s five-year review of rules plan as required under Iowa Code section 17A.7(2).    These amendments are intended to implement Iowa Code sections 455B.133, 455B.139 and 455B.145.    These amendments will become effective on March 22, 2017.     The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 147.76, the Board of Medicine hereby amends Chapter 17, “Licensure of Acupuncturists,” Iowa Administrative Code.    The purpose of Chapter 17 is to establish licensure requirements and practice standards for acupuncturists. These amendments update requirements for licensure, renewal and reinstatement; identify diagnostic and treatment modalities performed by acupuncturists; provide definitions of additional terms associated with acupunctural services; recognize a licensee’s maintenance of certification by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) to satisfy continuing education requirements established in Iowa Code section 272C.2; revise requirements for the display, distribution and retention of a disclosure sheet which contains information for patients; establish requirements for the delegation of certain aspects of treatment; and establish a requirement that licensees report changes in their full legal names and provide a personal e-mail address for correspondence between the Board and the licensee or an applicant for a license.    The Board approved the Notice of Intended Action during a regularly scheduled meeting on October 28, 2016. The Notice was published as ARC 2860C in the Iowa Administrative Bulletin on December 7, 2016. A public hearing on ARC 2860C was held on December 27, 2016.    The Board received written comments from Leah J. McWilliams, Iowa Osteopathic Medical Association, and William Terrell, Iowa Association of Oriental Medicine and Acupuncture. Several changes from the Notice were made based on the comments received:    Changes were made to the definitions in rule 653—17.3(148E). The definition of “‘Licensed acupuncturist’ or ‘licensee’” was amended to refer only to “licensee” and to replace the word “granted” with the word “issued” to be consistent with other language in Chapter 17. The definition of “Professional development activity (PDA)” was stricken to reflect additional changes in rule 653—17.9(148E), continuing education requirements, to recognize a licensee’s maintenance of certification by the NCCAOM to satisfy continuing education requirements established in Iowa Code section 272C.2.    In paragraph “b” of subrule 17.5(1), a citation to paragraph 8.2(2)“a” was added to identify the Board’s administrative rules on fees.     In paragraph “a” of subrule 17.5(2), the phrase “and personal e-mail address regularly used by the applicant or licensee for correspondence with the board” was added to acknowledge the Board’s requirement of an e-mail address.    In paragraph “a” of subrule 17.5(4), the period for requesting reactivation of a license application was changed from 90 days to 30 days.    In rule 653—17.7(148E), which pertains to biennial renewal of a license, the phrase “of even-numbered years” was added to identify the Board’s renewal cycle for all licensees in this chapter. A citation to paragraph 8.2(2)“c” was added to identify the Board’s administrative rule on fees, and a change was made to clarify the Board’s requirement of what is acceptable proof of active NCCAOM diplomate status.    In subparagraph 17.8(1)“a”(1), the requirement was added for a personal e-mail address of the applicant for reinstatement of an active license.    In paragraph 17.8(1)“d,” the applicant for reinstatement of an active license must now provide an NCCAOM certificate to demonstrate current active status as a diplomate from NCCAOM.    Proposed paragraph 17.8(1)“e” was not adopted because the diplomate documentation is expressed in paragraph 17.8(1)“d.”     An item was added to amend rule 653—17.9(272C) to clarify that active NCCAOM certification satisfies the requirements for continuing education.    An item was added to amend renumbered subrule 17.10(5). The word “residence” was replaced with the words “contact information” in the catchwords of the subrule, and a description of that information is provided in the subrule.    In new subrule 17.10(8), a change was made to reflect the Board’s acknowledgment that other reliable information may be used in lieu of a death certificate to cause the Board to close a deceased licensee’s file.    Item 14 was added to amend subrule 17.12(10) by striking paragraph “e” to be consistent with recognition of a licensee’s maintenance of certification by the NCCAOM.    At a teleconference meeting on January 19, 2017, the Board voted to adopt and file the Noticed amendments with the afore-listed changes.     After analysis and review of this rule making, no impact on jobs in Iowa has been found.    These amendments are intended to implement Iowa Code chapters 147, 148, 148E, and 272C.    These amendments will become effective on March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 481A.39, 481A.67 and 482.1, the Natural Resource Commission (Commission) hereby amends Chapter 86, “Turtles,” Iowa Administrative Code.     2016 Iowa Acts, House File 2357 (HF 2357), signed by Governor Branstad on March 23, 2016, specifically instructs the Commission to adopt rules establishing commercial and recreational seasons and daily catch limits on turtles. Iowa law requires the Commission, in partnership with the Department of Natural Resources (DNR), to manage the state’s turtle population for posterity.     Many surrounding Midwest states have determined their turtle populations can only be sustainably managed by entirely closing commercial harvest (e.g., North Dakota, South Dakota, Nebraska, Kansas, Illinois, and Indiana). The Commission considered this approach. However, as an interim measure and pending the results of HF 2357’s five-year study, the Commission has instead determined that commercial and recreational harvest can continue so long as egg-laying females are protected during most of their nesting season and with restrictive daily catch and possession limits. These amendments are structured accordingly.    Notice of Intended Action was published in the Iowa Administrative Bulletin on November 9, 2016, as ARC 2802C. The Commission held three public hearings on November 29, 2016. Twenty-six comments were received during the public comment period. Nineteen people spoke in favor of more restrictive turtle harvest regulations, and seven individuals were opposed to the amendments. Comments from those supporting stricter regulations ranged from supporting the proposed amendments to requesting a total ban on commercial harvest. Supporters believe that the science used shows the need for harvest restrictions and that the proposed amendments protect turtles and allow commercial harvest. Opposing comments stated that science does not support the amendments, that the new restrictions will put harvesters out of business or reduce their income, and that only rule changes mandated by HF 2357 should be considered. Opposing comments did not present any information to disclaim the underlying science used in this rule making, nor was specific information on job and income impacts provided. Accordingly, no changes from the Notice have been made.     Although the Commission does not anticipate a significant change in the number of licensed turtle harvesters, buyers, or helpers due to this rule making (or in the sale of recreational fishing licenses generally), there is the possibility of a negative impact on the commercial turtle harvest industry. There may be a loss of jobs and individual harvesters may experience a reduction in income because there will be fewer days to harvest turtles under the new season. The Commission has attempted to mitigate any job or income loss in the rule while still setting seasons and daily catch limits as required by HF 2357. The Commission is amending Chapter 86 so as to protect Iowa’s wild turtle population, held in trust for the public, for posterity; these amendments will ensure the long-term sustainability of Iowa’s commercial turtle harvest industry and protect jobs related to it into the future.    Nothing in this rule making applies to aquaculture operations already regulated pursuant to Iowa Code sections 481A.141 to 481A.145 or 571—Chapter 89. In addition, these amendments do not implement any requirements that may be imposed on commercial harvesters and buyers by the U.S. Department of State or U.S. Fish and Wildlife Service due to the proposed inclusion of wild spiny softshell, smooth softshell, and common snapping turtles in Appendix 3 of the Convention on the International Trade of Endangered Species (CITES).     These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67, 482.1, 482.4, and 482.11.    These amendments shall become effective on March 22, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 147.76, 151.11 and 272C.3, the Board of Chiropractic hereby amends Chapter 41, “Licensure of Chiropractic Physicians,” Iowa Administrative Code.    This amendment provides clarification in the licensing process and updates legal citations and references to the Board’s Web site.    Notice of Intended Action was published in the Iowa Administrative Bulletin December 7, 2016, as ARC 2857C. A public hearing was held on January 6, 2017, from 9 to 9:30 a.m. in Conference Room 526, Fifth Floor, Lucas State Office Building. No comments were received. Two changes were made from the Notice of Intended Action. In subrule 41.2(4), the word “license” was changed to “licenses,” and in paragraph 41.8(4)“c,” the word “of” was changed to “or.”    A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18.    This amendment was adopted by the Board of Chiropractic on January 11, 2017.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code chapters 147, 151 and 272C.    This amendment will become effective on March 22, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code sections 207.21(5)“a” and 208.17(5), the Division of Soil Conservation and Water Quality hereby amends Chapter 6, “Contracts for Public Improvements and Professional Services,” Iowa Administrative Code.    The minimum estimate for work and maintenance projects requiring public bidding is increased from $25,000 to $100,000 under these amendments. Competitive quotations can be used for work estimated to cost less than $100,000. These amendments require notice to be posted on Web sites instead of published in newspapers, and the minimum number of days for notice is changed from 15 days to 13 days.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2868C on December 21, 2016. No comments were received from the public. These amendments are identical to those published under Notice.    After analysis and review of this rule making, no adverse impact on jobs has been found.    These amendments are intended to implement Iowa Code section 26.3 and 2016 Iowa Acts, Senate File 2170.    These amendments will become effective March 22, 2017.    The following amendments are adopted.

    Pursuant to Iowa Code sections 17A.4 and 476.2, the Utilities Board (Board) gives notice that on January 24, 2017, the Board issued an order in Docket No. RMU-2015-0002, In re: Amendments to Telecommunications Service Regulations [199 IAC 22], “Order Adopting Rules,” that updates the Board’s rules regarding the provision of telecommunications services in Iowa and reflects comments and suggestions received from stakeholders. The adopted amendments further the Board’s objective to eliminate obsolete and unnecessary requirements, minimize the regulatory burden on the industry as a whole, and attempt to achieve a neutral regulatory application to local exchange services being provided by varying technologies.    This rule-making proceeding was initiated by an order issued on May 18, 2016, and on June 8, 2016, a Notice of Intended Action was published in the Iowa Administrative Bulletin at IAB Vol. XXXVIII, No. 25 (06/08/2016) p. 2381, as ARC 2569C.    Stakeholder comments were received prior to the initiation of this rule-making proceeding. Comments addressing the Notice of Intended Action were filed on or before July 1, 2016, by the following participants: Voice on the Net Coalition (VON); Mr. Dale Brodt; CenturyLink, Inc. (CenturyLink); T-Mobile Central, L.L.C. (T-Mobile); Sprint Communications Company, L.P., and Virgin Mobile USA LLP (collectively, Sprint); Windstream Iowa Communications, LLC, et al. (Windstream); MCI MCImetro Access Transmission Services LLC, d/b/a Verizon Access Transmission Services, MCI Communications Services, Inc., d/b/a Verizon Business Services, TTI National, Inc., Verizon Long Distance LLC, and Verizon Select Services Inc. (collectively, Verizon); AT&T Corp. and Teleport Communications America, LLC (collectively, AT&T); Dex Media, Inc. (Dex Media); Iowa Communications Alliance (ICA); AARP, Inc. (AARP); Cox Iowa Telecom (Cox Iowa); and the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice.    An oral presentation was held on August 9, 2016. Additional written comments were filed after the oral presentation by AgriSync, Inc. (AgriSync); Windstream; AT&T; Mr. Michael Arndt; CenturyLink; Cox Iowa; Verizon; T-Mobile; ICA; Dex Media; and OCA. On November 1, 2016, the Board issued an “Order Requesting Additional Comments”; an additional “Order Requesting Comments” was issued on November 15, 2016. Additional written comments were filed by CTIA – The Wireless Association (CTIA); Cox Iowa; Sprint; ICA; Windstream; CenturyLink; AT&T; Verizon; VON; Dex Media; and OCA.    Based on the comments submitted in this proceeding, the Board determined that the proposed amendments to Chapter 22 should be adopted with some modifications, as described below. The Board does not address editorial or nonsubstantive changes that were adopted.

1.     The Board proposed to amend or remove several terms and definitions in subrule 22.1(3) including “Average busy-season, busy-hour traffic,” “Busy-hour,” “Busy-season,” “Central office,” “Central office access line,” “Channel,” “Demarcation point,” “Extended area service,” “Held order for primary service,” “Held order for secondary service,” “Interexchange service,” “Outside plant,” “Percentage of fill,” “Primary service,” “Protector,” “Secondary service,” “Telephone station,” “Terminal equipment,” “Toll connecting trunks,” “Traffic grade of service,” and “Transitional intrastate access service,” removing the terms wherever they appear throughout this chapter. The Board noted that these definitions are no longer technology-neutral.    Generally, the commenters supported the Board’s proposal to eliminate the terms and definitions from this subrule as proposed, with certain exceptions. After reviewing the comments, the Board adopted the above-described revisions to subrule 22.1(3) as proposed.    As part of the Board’s May 18, 2016, order commencing this rule making, the Board proposed to amend paragraph 22.1(6)“a” by adding telecommunications service provided by Voice over Internet Protocol (VoIP) technology to the list of services that have been deregulated by the Board. The Board issued an additional order on June 8, 2016, seeking comments on a variation to that proposal wherein the Board suggested a change that specified deregulation of retail VoIP services only.    Several commenters asserted that VoIP’s integrated capabilities and features make VoIP an information service under 47 U.S.C. § 153(24) that is not subject to state regulation and as such the Board cannot deregulate a service that it cannot regulate in the first place. These commenters proposed changes to the Board’s definition of “Telephone utility” and the addition of definitions for “Internet protocol-enabled service” and “Voice over Internet protocol service” to reflect that VoIP is an information service and is not subject to the Board’s regulatory authority.    Other commenters asserted that while the Federal Communications Commission (FCC) has identified non-nomadic VoIP as an information service for the application of certain FCC rules, the FCC has not yet issued a comprehensive determination of whether non-nomadic VoIP is considered a telecommunications service or an information service.    The Board agreed with some commenters that it should adopt the suggested VoIP-related changes to the definition of “Telephone utility” and the definition of “Internet protocol-enabled service” on a prospective basis. In addition, the Board adopted the suggested definition of “Voice over Internet protocol service” with modifications intended to avoid technology-specific distinctions and adopted a definition of “Information services.” The Board also modified the definition of “Wholesale services” to provide additional clarification that the Board intends to continue its regulatory authority over all wholesale services, including VoIP services.    Since the Board has revised the definitions as described above, the Board did not adopt the proposed amendment to paragraph 22.1(6)“a” that would have added a subparagraph (15) deregulating telecommunications services provided by VoIP.
2.     The Board proposed to delete subparagraph 22.2(6)“a”(4) regarding outage information that is to be filed with the Board. Subparagraph 22.2(6)“a”(4) provides that each utility is required to file the name, title, address, and telephone number of the person authorized to respond to communication from the Board in connection with outages, pursuant to paragraph 22.2(8)“d”; however, the outage reporting requirements in subrule 22.2(8) were rescinded in 2010, which makes subparagraph 22.2(6)“a”(4) obsolete.    OCA stated that it has no objection to the elimination of subparagraph 22.2(6)“a”(4), but noted that the Board should undertake a comprehensive review of outage notification requirements to ensure that state and local emergency responders can be alerted if a significant number of Iowa residents in an area lose communication services. The Board has considered a comprehensive review of outages and outage notification in its review of rule 199—22.6(476) and is comfortable eliminating the requirement in 22.2(6)“a”(4) that carriers file information of contact persons for communications regarding outages. The Board adopted the proposed rescission of paragraph 22.2(6)“a”(4).    The Board also proposed to eliminate the requirement in paragraph 22.2(6)“b” that carriers file with the Board a copy of any new directories the carriers distribute to customers. Several comments were received from participants regarding the continued distribution of directories as that issue relates to subrule 22.3(1). However, no comments were received regarding the elimination of this particular requirement.    Since no comments were received regarding the elimination of this requirement, and since a similar issue is addressed in the Board’s discussion of subrule 22.3(1), the Board rescinded paragraph 22.2(6)“b” as proposed.
3.     The Board proposed to amend rule 199—22.3(476) regarding general service requirements by rescinding subrules 22.3(1), Directories; 22.3(2), Service check; 22.3(5), Pay telephone services and facilities; and 22.3(6), Extension plan; and by amending subrule 22.3(11), Assignment of numbers.    With respect to subrule 22.3(1) regarding directories, the Board received several comments suggesting that the transition to other technologies for local exchange service, namely, wireless technology, has impacted the public’s need for printed directories. However, the Board also recognizes that rescinding subrule 22.3(1), which requires carriers to provide printed directories, may create unintended issues for customers who do not have ready access to broadband or Internet services. The Board attempted to address this problem by adding paragraph 22.4(1)“c” and requiring carriers that eliminate printed directories to develop a plan to help requesting customers transition from printed directories and to file that plan with the Board for information purposes.    The Board agreed with some of the commenters that requiring the development of a transition plan for carriers moving away from printed directories and filing that plan with the Board may not be an appropriate solution to ensuring that each Iowa customer who wants a printed directory can get one. Proposed paragraph 22.4(1)“c” did not make certain that a transition from widespread distribution of printed directories will continue to allow all Iowans to connect to and receive value from the public network. The Board found that since Dex Media is providing printed directories to customers free of charge upon request in other states, a rule requiring that type of transition for Iowa customers is appropriate. This change relieves the mandatory requirement of providing a printed directory to all customers, yet allows for the safety net necessary for some Iowans to obtain beneficial access to the public network.    The Board adopted the proposed rescission of subrule 22.3(1) regarding directories. The Board adopted a revised paragraph 22.4(1)“c” to require carriers transitioning from printed directories to inform customers annually that they can still receive a current printed directory free of charge upon request by calling a toll-free number.    The Board also adopted the other proposed amendments to rule 199—22.3(476), including the requirement in subrule 22.3(11) (renumbered as 22.3(2)) to assign telephone numbers in compliance with FCC rules.
4.     The Board proposed amending subrule 22.4(1) by modifying the language in subparagraph 22.4(1)“a”(2) and adding subparagraphs 22.4(1)“a”(4) and (5) that correspond to the changes proposed to rule 199—22.6(476). The Board proposed to continue requiring carriers to track service issues as originally required by rule 199—22.6(476), and those tracking requirements have been adopted in the subparagraphs 22.4(1)“a”(4) and (5).    In addition, the Board proposed to amend subrule 22.4(1) by adding a new paragraph 22.4(1)“c,” which was adopted with revisions as described above.
5.     The Board proposed amending the introductory paragraph of subrule 22.4(2) and paragraph 22.4(2)“a” by adding language to clarify that, pursuant to federal regulations in 47 CFR § 54.401(c), utilities may not collect a deposit in order to initiate Lifeline service to qualifying customers. The Board also proposed a change to paragraph 22.4(2)“b” to reflect an interest rate of 7.5 percent per annum, compounded annually, to maintain consistency across all utility industries, instead of the 4.0 percent in the current paragraph.    Comments were received from CenturyLink and ICA regarding the proposed change to paragraph 22.4(2)“b” regarding interest charged on customer deposits. Both commenters indicated that the Board’s proposal to increase interest charged on customer deposits from 4.0 percent to 7.5 percent is not appropriate. However, CenturyLink argued that the interest rate should remain at 4.0 percent while ICA argued that the rate should be based on market conditions. CenturyLink noted that the established rate is higher than established market rates.    Based upon the written comments and comments made at the oral presentation, the Board found that adopting the proposed 7.5 percent interest rate is not appropriate at this time and did not change the current 4.0 percent interest rate.
6.     The Board proposed to rescind rule 199—22.5(476), which identifies specific adequacy standards relating to the provision of telecommunications services. These standards relate primarily to legacy landline technologies. The subrules in rule 199—22.5(476) specify technical service requirements like dial tone availability and adequacy of interoffice trunks and do not appear to be necessary or relevant any longer. OCA was the only participant that provided written comments on the proposed rescission of rule 199—22.5(476).    The Board agreed with the majority of participants that these telephone utility standards can be eliminated. Rescinding rule 199—22.5(476) is a move away from the specific requirements associated with legacy landline technologies to general standards that are technology-neutral. The Board rescinded rule 199—22.5(476) as proposed.
7.     The Board proposed to eliminate certain requirements in rule 199—22.6(476), which is the rule that identifies basic standards of service quality, including standards relating to service connections, held orders, service interruptions, emergency operations, and business offices. Specifically, the Board proposed to amend rule 199—22.6(476) to eliminate the requirement to measure service connection, held order, and service interruption performance. However, the Board also proposed to continue to require carriers providing local exchange voice services to track service connections, service interruptions, out-of-service trouble reports, and held orders, but moved those tracking requirements to subrule 22.4(1).    Subrule 22.6(1) establishes metrics for the connection of voice services after a customer has requested those services. Subrule 22.6(2) establishes record-keeping requirements and an alternative service obligation for held orders. A “held order” is considered to be the time when a local exchange utility that uses its own facilities to provide service cannot supply service to prospective customers within five business days. The Board proposed to eliminate the metrics in subrule 22.6(1) and require companies to make all reasonable efforts to maintain a five-business-day standard for the connection of voice service. The Board also proposed to delete the term “primary service” from the subrules in rule 199—22.6(476) because the term dates back to a time when it was common for residential customers to subscribe to multiple landlines, such as a main voice line, a teen line, a fax line, a dial-up Internet line, and the like. The “primary” and “secondary” service definitions provided a distinction in service obligations that is no longer relevant in today’s changing marketplace. Comments were received from OCA and CenturyLink regarding these proposed changes.    The Board recognizes that the requirements in subrule 22.6(1) regarding service connections and in subrule 22.6(2) regarding held orders are not competitively neutral as they only apply to utilities that use their own facilities to provide service. A reseller of services or a carrier leasing facilities from an incumbent local exchange carrier (ILEC) to provide service is not subject to these requirements. Similarly, the municipal telephone companies in Iowa are exempt from subrule 22.6(1) as they are facilities-based but are not required to extend their facilities to every location in the exchanges where they are certificated. The municipal telephone companies typically extend facilities only in the municipality where they operate, but the ILEC serving an exchange must provide facilities to every premises in the entire exchange where the municipality is located. The proposed amendments to subrules 22.6(1) and 22.6(2) attempted to address that discrepancy by striking references to facilities and making the rule applicable to all local exchange voice service technologies.    CenturyLink suggested that the Board eliminate all rules setting expectations for service connections since the telephone utilities have an incentive in the current competitive market to provide service as quickly as possible or lose those customers to competition. The Board understands CenturyLink’s position but also shares OCA’s concerns that eliminating the metrics may have the unintended consequence of creating less of an incentive to invest necessary resources throughout an exchange and that the Board may not have any measurement tools in place by which to hold companies accountable for excessively long service connections or held orders.    After considering the comments, the Board adopted the proposed amendments to subrules 22.6(1) and 22.6(2) with modifications. The Board modified the amendments to subrule 22.6(1) by retaining the requirement that customers be provided service within 30 business days of a request for service or the customer-requested date, whichever is later, in current paragraph 22.6(1)“c.” The retention of this metric recognizes the marketplace incentives to quickly establish service and also addresses OCA’s concerns that the Board should have a minimum measurement tool in place by which to hold companies accountable for excessively long delays in service connections.    With respect to subrule 22.6(2), the Board’s proposal to amend this subrule was intended to address the competitive disparity among carriers. CenturyLink and OCA provided comments regarding 22.6(1), but not 22.6(2). However, the Board has identified additional grammatical changes that should be made to the rule to make it more competitively neutral. The Board adopted the amendments to 22.6(2) as proposed, with minor grammatical changes.    The Board proposed to rescind the measurements for restoration of service following a service interruption identified in subrules 22.6(3) and 22.6(4). As mentioned above, the Board also proposed to continue requiring carriers to track service interruptions and held orders but moved those tracking requirements to subrule 22.4(1), where additional reporting and tracking requirements are identified. The Board received comments from Mr. Brodt, OCA, AARP, Mr. Arndt, and CenturyLink regarding this proposal.    The proposed amendments to subrules 22.6(3) and 22.6(4) to eliminate the requirements were intended to elicit comments regarding the notion that, in today’s current competitive market, telephone utilities have every incentive to provide good service or they could lose their customers to competition; the penalty of losing customers due to poor service should be enough of an incentive for providers of voice services to aspire to adequately maintain and service their facilities while striving to improve the customer experience.     The commenters, however, raised valid concerns throughout this rule making regarding the significant personal effect of extended telecommunications service outages. The commenters pointed out that there are still some parts of Iowa where local exchange competition is not robust and the availability of other, unregulated voice services may not be so widespread. According to the commenters, customers continue to need some level of protection from extended service outages.    At the August 9, 2016, comment proceeding, a discussion took place between the Board and participants regarding subrule 22.6(3) and the provision of alternative service for extended service interruptions. Based on the discussion and written comments that followed, the Board sought comments in its November 1, 2016, order, regarding additional rule language that added an alternative service requirement for service interruptions exceeding 72 hours. The Board indicated that the proposed language would allow customers to have access to emergency services when voice service could not be restored within 72 hours. Specifically, the Board proposed that customers be provided wireless telephone service as an alternative form of service, unless the customer agrees otherwise, or be provided a company credit to offset the customer’s expense for another alternative.    Generally, the comments received in response to the Board’s November 1, 2016, order indicated that requiring that customers be provided a wireless telephone service as an alternative form of service for extended outages is not a practical solution. Rather, commenters offered the alternative solution of reimbursing customers for extended service outages (exceeding 72 hours) as it can be followed by all providers and will allow customers to use an alternative service of their own choosing.    The Board adopted modifications to the proposed amendments to subrule 22.6(3) by retaining the language in current subparagraph 22.6(3)“a”(3) as a new paragraph 22.6(3)“d.” The Board also modified the proposed amendments by retaining the current language in paragraph 22.6(3)“e” (relettered as paragraph 22.6(3)“b”) but changing the record-keeping requirement to two years from the current six-year requirement.    Paragraph 22.6(3)“i” currently provides requirements regarding bill adjustments for customers who have had service interruptions in excess of 24 hours. The Board proposed to rescind paragraph 22.6(3)“i.” After considering the comments regarding the proposed rescission, the Board retained the paragraph and relettered it as paragraph 22.6(3)“c”; maintaining these requirements will protect Iowa customers from extended service interruptions and provide incentive for the utility to restore service as quickly as possible. In addition, the Board agreed with the suggested reimbursement solution discussed above and adopted language in relettered paragraph 22.6(3)“d” to reflect that proposal.    The Board rescinded the requirements in subrule 22.6(4) as proposed.    Subrule 22.6(5) identifies requirements for carriers to follow in emergency situations. ICA recommended that this subrule be amended to accommodate the FCC’s newly adopted emergency operation rules in 47 CFR § 12.5. The Board proposed to eliminate paragraphs 22.6(5)“b” and “c” and amend paragraph 22.6(5)“d” since the requirements identified in these paragraphs are required by the FCC, among other requirements not identified.    The proposed amendment to paragraph 22.6(5)“d,” which requires local exchange utilities to maintain current plans for emergency operations, would clarify that these plans should be made available for Board inspection upon request. OCA commented on the proposed amendments.    The FCC issued a report on August 5, 2015, which adopted new backup-power rules pertaining to any residential landline customer, including customers served by newer technologies that are not line-powered from the central office. During a power outage, traditional copper-based telephone technology functions using battery power in the central office, but newer voice technologies that are not line-powered will not function during a power outage without other equipment. This affects all services, including access to emergency 911 (E911) services. Under the new FCC rules, service providers must disclose the power outage limitations at the point of sale and offer the subscriber the option to purchase on-site backup-power systems.    The FCC’s rules require the same emergency operations provisions as those identified in subrule 22.6(5) and more. The Board adopted the amendments to subrule 22.6(5) as they were proposed.    Subrule 22.6(6) establishes requirements for local exchange carriers with respect to the location and operation of their business offices. The Board proposed to rescind this subrule. This subrule relates specifically to a “brick and mortar” business model and does not support online business offices or call centers. Under current marketplace conditions, it is unclear whether all of the telecommunications carriers in Iowa can comply with the current rule. OCA’s comment did not provide any specific guidance as to what minimum requirements can be met by all Iowa providers. The Board found that this subrule is no longer applicable under current market conditions. Therefore, the Board adopted the rescission of this subrule as proposed.
8.     The Board proposed nonsubstantive style changes to subrule 22.7(1), the subject matter of which relates to protective measures. In addition, the Board proposed to rescind subrule 22.7(2), which requires telecommunications utilities to adopt and execute a safety program for employee safety. The Board stated its belief that the requirement in subrule 22.7(2) is no longer necessary given that employee safety is more thoroughly regulated through federal regulations.    Since no comments were received regarding these proposed amendments, the Board adopted the style changes to subrule 22.7(1) and the rescission of subrule 22.7(2) as proposed.
9.     The Board proposed to rescind rule 199—22.8(476), which establishes procedures for interexchange trunking service surveys for extended area services (EAS). The procedures established in rule 199—22.8(476) allow a utility to expand a local calling area and increase the associated local rates of the customers residing in the service area where the local calling would be expanded. CenturyLink has argued that the EAS procedures rule is no longer necessary due to rate deregulation and competition. Without these EAS procedures, utilities would be free to unilaterally expand local calling areas and adjust rates. The Board agrees that these procedures are out of date and are no longer necessary. The Board rescinded rule 199—22.8(476) as proposed. However, the Board clarifies its intent to grandfather existing EAS and EAS-type arrangements going forward.
10. Since no comments were received regarding the proposed rescission of rule 199—22.9(476), the Board adopted the rescission as proposed.
11. Since no comments were received regarding the proposed rescission of rule 199— 22.10(476), the Board adopted the rescission as proposed.
12. Since no comments were received regarding the proposed rescission of rule 199—22.11(476), the Board adopted the rescission as proposed.
13.     Subparagraph 22.14(2)“d”(1) requires carriers to incorporate a carrier common line charge (CCLC) in their intrastate access service tariffs. The Board proposed to clarify subparagraph 22.14(2)“d”(1) by adding the term “originating” to numbered paragraph “1.” In addition, the Board proposed to strike numbered paragraph “2” in subparagraph 22.14(2)“d”(1) to further aid in clarifying the Board’s intent regarding the application of an originating CCLC. Comments were received from CenturyLink, Sprint, ICA, Windstream, Verizon, and AT&T.    The Board’s intent with respect to this requirement remains unchanged. While the FCC is phasing out terminating access charges, originating access charges are still permitted. Since the FCC is still reviewing the future of access charges, the Board did not make any substantive changes to the CCLC requirement at this time. However, the Board found that it is appropriate to modify the subparagraph to provide clarification.    The Board considered all of the comments regarding the proposed amendments to this subparagraph and modified the subparagraph in order to make it clear that the Board’s prior actions with respect to this subparagraph were not intended to extend to CLECs that opted to use their own access tariff.    The Board did not strike 22.14(2)“d”(1)“2” and added language to clarify that competitive local exchange carriers concurring in the ICA access tariff shall deduct the originating and any remaining terminating CCLC from their intrastate access service tariffs.
14. Since no comments were received regarding the proposed amendments to paragraph 22.14(4)“a,” subrule 22.17(1), and subrule 22.20(1), the Board adopted the proposed amendments.
15.     Subrule 22.20(2) identifies the procedures used when revising exchange maps and modifying certificates. There are several references in this subrule to the requirement of mailing objections to the Board. However, the Board now employs an electronic filing system, the process for which is outlined in Chapter 14. The Board adopted the proposed amendments to subrule 22.20(2) to include the option of electronically filing objections with the Board in addition to mailing those objections.    No comments were received regarding this specific change. However, ICA submitted comments regarding identifying service territories.    With respect to ICA’s comments regarding the identification of a carrier’s service area, the Board acknowledges that additional steps have been added to the process for identifying a specific carrier’s service area since the removal of the requirement to file local exchange tariffs with the Board in 2014. One of the statutory changes was the elimination of retail tariff requirements for local exchange carriers.    While new or updated retail tariffs are no longer filed with the Board, the tariffs associated with certificated carriers prior to the statutory changes are still available through the Board’s electronic filing system. If a carrier has not updated or modified its service area since that time, the last tariff filed by that carrier identifies its current service area. Certificates issued after the statutory changes in 2014 identify the initial service area where a carrier is providing service. To learn if a carrier has modified or expanded its service areas, interested persons now have to search the Board’s electronic filing system for an “ES” docket assigned to a particular carrier, as established in subrule 22.20(4).    This review process does not require a change to the Board’s rules. The rules set forth the certification process and the process for modifying or expanding a service area. Board staff is available to assist interested persons in locating a particular carrier’s authorized service area.
16.     Paragraph 22.20(3)“a” identifies the appropriate scale for paper boundary maps and boundary maps filed in an electronic format. The Board intends to have all map filings eventually filed electronically, and the proposed amendment to this paragraph requires that revisions to exchange boundary maps be filed in an electronic format.    Since no comments were received regarding this proposed amendment, the Board adopted the amendment to this paragraph as proposed.
17. Since no comments were received regarding the rescission of rule 199—22.21(476), the Board adopted the rescission as proposed.
18.     Subrule 22.23(2) prohibits unauthorized changes in telecommunications services, such as slamming or cramming. The subrule also identifies specific procedures that carriers must follow in order to switch services for a customer. The Board proposed to amend this subrule to match a recent FCC update adding references to electronic mail and Web pages.    No comments were received regarding the Board’s proposed amendments to subrule 22.23(2). However, comments regarding other provisions of the subrule were received from Verizon, OCA, and AARP.    In large part, rule 199—22.23(476) mirrors the FCC’s rules prohibiting unauthorized changes in service found in 47 CFR §§ 64.1100, et al. As a general practice, the Board does not adopt rules that restate federal requirements. In the case of this particular rule, however, Iowa Code section 476.103 requires that the Board adopt rules that prohibit unauthorized changes in telecommunications services and requires that the rules be consistent with the FCC regulations.    The Board understands Verizon’s concerns and agrees that in situations where a complaint against a company for an unauthorized change in service dates back ten years, it is difficult for the company to address the complaint. The current rule requires companies to maintain records regarding changes in service for two years. The Board does not believe that a time limit for filing a complaint should exceed the company’s requirement to maintain records. Therefore, the Board will continue to require companies to maintain records for two years but has added an amendment to place a time limit of two years on complaints regarding unauthorized changes in service brought under this rule. While this change extends a company’s duty to maintain records, it also eliminates a situation in which a company is defending against an unauthorized change in service without any records.    The Board has also amended subrule 22.23(2) to include language from 47 CFR § 64.1130(a) that allows carriers to obtain a signed letter of agency to demonstrate authorization or verification of a request for service change.
19.     The Board proposed to amend paragraph 22.23(5)“c” to change the reference of credits to the state’s general fund to credits to the revolving fund. Since no comments were filed regarding this proposed amendment, the Board adopted the amendment to paragraph 22.23(5)“c” as proposed.    The revisions to the Board rules in Chapter 22 are adopted based upon an analysis of the comments made regarding the amendments that were proposed in the Notice of Intended Action and Board orders. The adopted amendments that will become effective reflect the renumbering of the Board’s rules to address the changes that have been adopted.