All - Attached please find the agenda for Thursday’s stakeholder meeting.

We have also attached key comments from Iowa State University originally routed October 5, 2009, and that the UST Section was just made aware of yesterday. These will be included in the discussion for proposed changes.

**Please also be aware, we will be using a portion of this meeting to introduce upcoming proposed changes to surface water pathway rules.

If you are unable to attend this meeting, but have significant comments you wish us to consider, please send me these comments by 9 a.m., Monday, December 21, 2009, preferably by e-mail or in-person delivery as it could take several days to process and your comments might not make the initial draft to EPC.

Rochelle Cardinale
Environmental Specialist Senior
State Point of Contact to ITRC
Iowa Department of Natural Resources - UST Section Wallace Building
502 E. 9th Street
Des Moines, IA 50319-0034
Office: 515-242-6488
Fax: 515-281-8895
E-mail: rochelle.cardinale@dnr.iowa.gov

Agenda UST Professionals Stakeholder Meeting 12/17/2009

Proposed Revision to Table

Chapter 135 Changes

Board Memo

PWL Research Committee Statement

Attached are four documents that you will need for our meeting on Wednesday March 11 from 1 o'clock to 4 o'clock in the first floor conference room of the Wallace Building. The easiest way to get to the first floor conference room is through the front entrance to the Wallace Building (second floor), take the south elevators to first floor, take a left and follow the hallway back to the conference room.

1) The first document is a copy of the Grant Guidelines To States For Implementing the Operator Training Provision of the EPAct

2)The second document is meant to help clear up some confusion regarding suspected and confirmed releases and reporting requirements for each.

3) The third document is a form we will have available on our website for recording and reporting releases. Under the current rule, requirements and results, releases are just not getting reported, which is one reason we have changed the release reporting rule. Releases cannot be ignored for their risk to the public and the environment. This our job: to prevent releases from occurring, to contain them and address them when they do occur, but we're not finding out about most of these releases until weeks, months and years after the fact. The release reporting form can be filled out by the owner/operator or the UST professional, the CGWP or the compliance inspector and provided to the owner/operator to submit to the DNR.

4) In the fourth document we have prepared draft owner/operator rules for we have prepared draft owner/operator rules for your review. Comments to the side represent our questions and concerns about what still needs to be addressed. We look forward to discussing these draft rules with you.

Please mark your calendars for two additional stakeholder meetings to discuss operator training rules--Wednesday, March 18th and Thursday, March 26th from 1-4 PM in the first floor conference room.

For questions or concerns contact Tamara Mullen, with the legal department, 515.281.8934, or Tom Collins.

• April 26, 2007 Meeting Notes
• March 30, 2007 Meeting Notes
• February 23, 2007 Meeting Notes
• January 12, 2007 Meeting Notes
• December 14, 2006 Meeting Notes
• November 17, 2006 Meeting Notes
• October 13, 2006 Meeting Notes
• September 22, 2006 Meeting Notes

• EPI Facilitates ITRC Online Event “Remediation Process Optimization Advanced Training”

• Chapter 135, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks"

   At the November 10, 2008 meeting, the Environmental Protection Commission (EPC) approved a Notice of Intended Action to amend Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.” These proposed amendments rescind the requirement for owners and operators of LUST sites to conduct a special risk assessment of nearby public water supply wells (PWSW) that fall outside of the Tier 2 modeled plume. Assessment of risks to PWSWs will be handled through an interagency agreement (28E) between IDNR and UST Fund (found on DNR’s web page: http://www.iowadnr.gov/land/ust/documents/ustchap135.html posed new paragraph (135.8(1)”e”) essentially gives the DNR authority to require owners/operators to conduct further assessment and corrective action if it is determined that an unreasonable risk is present, but is not otherwise addressed through these 28E agreements.

  A public meeting on these rules was held on January 6,2009. Attached is a summary of comments received and response to those comments. These amendments will be presented to EPC at their February 17, 2009 meeting for final approval. Attached are the documents submitted to EPC for the February meeting.

  - Agenda Item – Chapter 135, RBCA changes.
  - Chapter 135 amendments for final approval
  - Response summary to public comments

  Contact Elaine Douskey at (515)281-8011 or elaine.douskey@dnr.iowa.gov with any questions or concerns.

• Notice of Intended Action - Chapter 134, "Underground Storage Tank Licensing and Certification Programs"

  At the February 17, 2009 meeting, the Department will be seeking the Environmental Protection Commission’s (EPC) approval of a Notice of Intended Action to amend Chapter 134, “Underground Storage Tank Licensing and Certification Programs.” The Commission adopted the UST Fund Board's existing UST installer and installer inspector licensing rules by emergency rule making in July, 2007. These revised rules are required to fully implement a licensing program applicable not only to UST installers and installer inspectors but persons who remove and test USTs.

  The amended rules are mainly a reorganization of the rules adopted from the UST Fund Board. Some key rule changes are noted in the preamble of the Notice of Intended Action. During stakeholder meetings, the main concern was the requirement of licensed UST Professionals to directly notify the department of any suspected release instead of only notifying the UST owner or operator who in turn is supposed to notify the department.

  Any interested person may make written suggestions or comments on the proposed amendments on or before April 9, 2009. Such written materials should be directed to the Tom Collins, Underground Storage Tank Section, Department of Natural Resources, 502 East Ninth Street, Des Moines, Iowa 50319-0034; fax (515)281-8895 or e-mail tom.collins@dnr.iowa.gov.

  Three public hearings will be held at 1:00 p.m. at the following locations at which time persons may present their views either orally or in writing.

  Thursday April 2, 2009 - Wallace State Office Bldg., 502 E 9th St, 5th Floor Conference Room West, 502 E 9th St, Des Moines, IA

  Monday, April 6, 2009 - Coralville Public Library, Meeting Room B, 1401 5th St, Coralville, IA

  Tuesday, April 7, 2009 – Denison Public Meeting Room, 111 N Main St, Denison, IA

  Attached are the documents submitted to EPC for the February 17, 2009 meeting:

  - Agenda Brief – Chapter 134
  - Chapter 134 – proposed amendments, New Part C – Licensing of UST professionals