in-20260128-IR-328260013FNA: EXCESS LIABILITY TRUST FUND

TITLE 328 UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD Notice of First Public Comment Period LSA Document #26-13 EXCESS LIABILITY TRUST FUND PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) is soliciting public comment on adding and amending rules at 328 IAC 1 and 328 IAC 3 concerning the petroleum storage tank excess liability trust fund (ELTF). IDEM seeks comment on the affected citations listed and any other provisions of Title 328 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260128-IR-328260013RAA Notice of Public Hearing: 20260128-IR-328260013PHA CITATIONS AFFECTED: 328 IAC 1-1-5.1; 328 IAC 1-1-7; 328 IAC 1-1-7.5; 328 IAC 1-1-8.3; 328 IAC 1-1-8.4; 328 IAC 1-1-8.5; 328 IAC 1-2-1; 328 IAC 1-3-1; 328 IAC 1-3-1.3; 328 IAC 1-3-1.6; 328 IAC 1-3-3; 328 IAC 1-3-5; 328 IAC 1-3-5.1; 328 IAC 1-3-5.2; 328 IAC 1-3-5.3; 328 IAC 1-5-1; 328 IAC 3 AUTHORITY: IC 13-14-8; IC 13-23-9-1.5; IC 13-23-11-7 OVERVIEW Basic Purpose and Background In 1986, Congress established a response program for leaking petroleum underground storage tanks (USTs) by amending Subtitle I of the Resource Conservation and Recovery Act. The 1986 law directed the United States Environmental Protection Agency (U.S. EPA) to establish financial responsibility requirements to ensure that UST owners and operators can cover the costs of taking corrective action and compensating third parties for injuries and property damage caused by leaking tanks. As mandated, U.S. EPA issued regulations requiring most tank owners and operators selling petroleum products to demonstrate a minimum financial responsibility of one million dollars ($1,000,000). U.S. EPA allows UST owners and operators to rely on a state assurance fund, saving them the cost of having to purchase private insurance to demonstrate financial responsibility. If a state establishes this fund, federal regulations governing state assurance funds can be found at 40 CFR 281.37. Thirty-six (36) states, including Indiana, have established state assurance funds. Specific to Indiana, the ELTF was established in 1988 by the Indiana general assembly at IC 13-7-20-31, now IC 13-23-7, to assist UST owners in demonstrating the required financial responsibility. Additionally, in 2023, the Indiana general assembly passed, and the governor signed into law, Senate Enrolled Act (SEA) 246. SEA 246 amended relevant portions of the Indiana Code so owners and operators of aboveground storage tanks (ASTs) may also use the ELTF to satisfy liabilities for corrective action. Further, SEA 246 authorizes the use of the ELTF to provide reimbursement of fifty percent (50%) of the cost of decommissioning or replacing a UST, provided the replacement is considered necessary by the commissioner of IDEM to protect human health and the environment. The law also places limits on the annual amount that may be expended from the ELTF for decommissioning or replacing underground storage tanks. IDEM has proposed new rule requirements at 328 IAC 3 to implement portions of this statute related to tank decommissioning and replacement. In general, before the enactment of SEA 246, the ELTF provided reimbursement of eligible costs related to emergency measures, investigation, corrective action, and indemnity claims resulting from the release of regulated substances from USTs. Requirements are included in 328 IAC 1 for the ELTF's scope and management, fund eligibility and access, prioritization of claims, reimbursable costs for claims, ELTF indemnity claims, claim and payment procedures, and other aspects of ELTF. IDEM is proposing amendments and adding additional rules at 328 IAC 1 and 328 IAC 3 that will affect many facets of the fund and improve its overall management and fiscal integrity. Specifically, the amendments and additional rules will do the following: The proposed changes are vital to improving the cost effectiveness of ELTF claims and ensuring the long-term financial solvency of ELTF and complying with statutory requirements. The Regulatory Analysis associated with this rulemaking includes additional details about the benefits of these changes. IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law The following elements of the draft rule impose either a restriction or a requirement on persons to whom the draft rule applies that is "not imposed under federal law" (NIFL element or elements): The following information is provided with each NIFL element: NIFL Element (A) U.S. EPA has determined that UST owners and operators in Indiana may use the ELTF, described at 329 IAC 9-8-11, to satisfy U.S. EPA's financial responsibility requirements, which are found at 40 CFR 280.93. Reimbursement from the ELTF is determined by compliance with 328 IAC 1. However, the entirety of 328 IAC 1 and the requirements in this draft rule are not imposed under federal law for the following reasons: (1) The NIFL elements in the draft rule are necessary because releases and contamination from leaking USTs and ASTs pose a threat to human health and the environment. Specifically, leaking USTs and ASTs pose a severe threat to groundwater supplies, which many Indiana residents rely on for drinking water. Leaking USTs and ASTs present other risks, including the risk of exposure to toxic fumes, fire, and explosion. The ELTF serves as a vital financial assurance mechanism that provides payment of reimbursable costs and ELTF indemnity claims for the corrective action of releases from USTs and ASTs. By providing reimbursement for costs related to releases, the ELTF helps address threats to human health and the environment posed by USTs and ASTs. At IC 13-23-7-1, the Indiana general assembly enacted statutes for the establishment and administration of the ELTF to assist tank owners and operators in establishing financial responsibility and provide a source of funding for corrective action, indemnification of third parties, and IDEM's expenses to administer the ELTF and the UST program. The rules found at 328 IAC 1 fulfill this statutory requirement. (2) The primary intent of this NIFL element is to improve the reasonableness, cost effectiveness, uniformity, and predictability of ELTF claims and reimbursements with the goal of ensuring the long-term financial solvency of the ELTF. The Potential Fiscal Impact section of this notice discusses in more detail the fiscal impact of this NIFL element. (3) To develop this NIFL element, IDEM relied on the following materials, which are available for public inspection: Small Business Assistance Information For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. IDEM established a compliance and technical assistance program (CTAP) under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on CTAP and other resources available can be found at: www.in.gov/idem/ctap. The Small Business Assistance Program Ombudsman is: REQUEST FOR PUBLIC COMMENT IDEM is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: Contact Karla Kindrick at kkindric@idem.in.gov or (317) 232-8922 if another method of submitting comments within the comment period is desired. Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than February 27, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at IDEM, Rules Development Branch, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the IDEM Rules Development Branch office. If IDEM does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 3. "Corrective action" has the meaning set forth at 329 IAC 9-1-14.5 means action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a release, including emergency measures taken as part of an initial response to the release. Sec. 3.1. "Corrective action plan" or "CAP" has the meaning set forth at 329 IAC 9-1-14.7 means the corrective action plan described under 40 CFR 280.66* relative to USTs or its equivalent to petroleum ASTs. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 5.1. “Emergency measures” means any work described under IC 13-23-9-1.5(a)(2)(C). The term only includes the necessary work performed to directly abate the following conditions related to a release: Sec. 7.5. "Off-site" means property other than the following: Sec. 8.3. “Reasonable” means that the site characterization and corrective action are: Sec. 8.5. "Site characterization" means the work performed under the initial site characterization (ISC) described at 329 IAC 9-5-5.1 IC 13-23-13-1(c) and 40 CFR 280.63* or further site investigations described in 329 IAC 9-5-6 and 40 CFR 280.65*, or any alternative procedure proposed by the owner or operator and approved by the commissioner under IC 13-23-13-1(c). This work may include, as necessary, quarterly monitoring and pilot studies to determine the feasibility of remediation alternatives. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 1. Persons listed in 328 IAC 1-3-1 An eligible party, as defined at IC 13-11-2-62.5, may apply to the fund ELTF for payment of reimbursable costs and ELTF indemnity claims, in accordance with the following: Sec. 2. The administrator of the fund ELTF shall prepare an annual report to the financial assurance board by September 1 of each year. The report must include the following: Sec. 1. (a) Fund ELTF access is limited to: (b) Any or all persons listed under subsection (a) An eligible party may apply to the fund ELTF for payment of reimbursable costs or ELTF indemnity claims if: (c) The administrator may not reimburse costs related to duplicative acts performed by multiple eligible parties. If more than one (1) eligible party submits a claim for reimbursement of costs, the administrator shall determine the appropriate reimbursement based on the: (d) The department may: (e) Only an owner, operator, or authorized agent may request the status of their tank fee payments and resulting potential percentage of fund A complete ELTF eligibility if applicable. application must be submitted on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: Sec. 1.3. (a) The administrator shall determine if the work to be performed or the work already performed, or a portion thereof, under the approved CAP is cost effective after the person described in section 1 of this rule eligible party has done the following: (b) The administrator may review information concerning cost effectiveness while reviewing a CAP submitted for approval; however, the administrator shall not make a determination on cost effectiveness before a CAP is approved. (b) (c) The administrator shall determine cost effectiveness based on the information in subsection (a) and the following criteria: (c) (d) The applicant shall provide additional information to substantiate the projected work and projected costs upon request by the administrator. (d) At any time (e) The administrator may determine that the work performed, or the work to be performed, under the approved CAP is no longer cost effective if the administrator finds that the approved CAP will not achieve or is not achieving the cleanup objectives. the administrator may determine that the work to be performed under the approved CAP is no longer cost effective. The administrator shall give notice to the applicant of this determination. Sec. 1.6. (a) Persons described in section 1 of this rule may If costs for a specified task are projected to exceed the maximum reimbursement rates listed in this article, an eligible party may submit to the administrator a request for a preapproval of costs for projected work to be performed for site characterization in accordance with 328 IAC 1-1-8.5 and under the approved CAP except as described in subsection (e). (b) The request submission and any additional information necessary to evaluate the proposed work requested by the administrator must be in a form or format approved by the administrator on a form described in subsection (g). (c) The administrator shall base preapproval of a request on a determination of the following: (b) (d) The administrator may ask for additional information to substantiate the projected work and projected costs. (e) Preapproval is not available for the following: (c) (f) The administrator shall issue a preapproval letter stating how much of the work is preapproved as reasonable and cost effective. This preapproval is not a determination on eligibility under section 3 of this rule. (g) A request for preapproval must be submitted on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 3. (a) A person listed in section 1 of this rule A party eligible for ELTF access for the purposes of corrective action and ELTF indemnity claim payments shall comply with the following requirements for a claim for reimbursable costs or an ELTF indemnity claim to be considered for reimbursement from the fund ELTF by the administrator: (b) A reduction in reimbursement due to unpaid fees under IC 13-23-9-1.3 does not exempt a UST or an AST owner from the requirement to pay any unpaid past due fee. The reduction does not render any a fee as paid for the purposes of IC 13-23-12. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 5. (a) The administrator may pay ELTF claims for costs described under IC 13-23-9-1.5. (b) An eligible parties party may seek payment from the fund ELTF for the following costs related to eligible releases: (c) The approval of the site characterization and the CAP is not a determination that the actual costs incurred under the site characterization or the CAP are reimbursable costs under this rule. (d) The following costs are not reimbursable from the fund ELTF: (e) Costs that may be paid from the fund are as follows: Cost Range or Maximum Amount SITE CHARACTERIZATION Direct push technology (other costs pertaining to direct push technology are included in the per foot allowance specified). $600 per day In addition to the day rate, costs for boring advancement may be invoiced at the following per foot rates: $6 per foot Mobilization and demobilization. This includes the cost of moving general contractor owned equipment, setup, and removing equipment. $400 Soil borings, for purposes of soil or ground water sampling or monitoring well installation when using a hollow stem auger. Number of feet in incremental amounts $24 per foot $30 per foot $35 per foot $27 per foot $33 per foot $38 per foot $30 per foot $36 per foot $41 per foot Rock drilling beyond auger refusal is reimbursed at the above rates with an additional $15 per foot. These amounts may only be charged one (1) time per borehole. Sample collection is part of well installation. Direct push technology must be used when it is most appropriate to the site and cost effective. The diameter of the boring must be appropriate for the size of the well being installed. Blind drilling using a hollow stem auger when well borings have already been logged within five (5) feet. $10 per foot $12 per foot $13 per foot $15 per foot $15 per foot $18 per foot Decontamination and equipment cleaning $12 per each 5 feet of boring Cutting holes in concrete or asphalt (12 inches in diameter) $110 per hole Materials Well casing and screen (including riser) filter pack, annular, and surface seal: Applicable boring rate plus materials $9 per foot $15 per foot $27 per foot $125 per cover Laboratory services, including containers, packaging, and postage. Soil analysis methods $50 per sample $50 per sample $50 per sample $95 per sample $60 per sample $130 per sample $225 per sample $130 per sample $150 per sample $110 per sample $100 per sample $10 per sample $60 per sample $80 per sample $30 per sample $70 per sample Water analysis methods $50 per sample $50 per sample $50 per sample $80 per sample $50 per sample $135 per sample $50 per sample $80 per sample $225 per sample $135 per sample $150 per sample $100 per sample $10 per sample $25 per sample $25 per sample $25 per sample $25 per sample $20 per sample $40 per sample $20 per sample Air analysis methods $400 per sample Other Methods $100 per sample If the commissioner requires all quality assurance/quality control (QA/QC), including raw data and internal chain of custody necessary to validate analytical results. 20% markup allowed per sample PERSONNEL When submitting a claim for reimbursement, the applicant is required to give the personnel classification, task being performed, and the name of the individual performing the task. Rates are paid based on the task performed by an employee rather than the qualifications of the employee. Refer to subsection (f) for task descriptions for personnel classifications. These labor rates are adjusted annually on June 1 of each year, in accordance with the product price index (PPI) percentage listed for December of the previous year. The North American Industry Classification System (NAICS) Code for Environmental Consulting Services is 541620 and is described at: https://www.naics.com/naics-codedescription/?code=541620 The PPI Industry data tables are available through the Bureau of Labor and Statistics (BLS) at: https://www.bls.gov/ppi/home.htm $136 per hour $126 per hour $103 per hour $87 per hour $59 per hour $50 per hour $35 per hour $155 per hour INITIAL ABATEMENT AND FREE PRODUCT REMOVAL Except where provided in this rule, approval of costs is on a case-by-case basis. SITE SET-UP PREPARATION $360 per month ($12 per day) $180 per month ($6 per day) $800 $600 per month ($20 per day) $180 per month ($6 per day) $240 per month ($8 per day) DEMOLITION Three (3) bids must be submitted for demolition of structures in accordance with an approved CAP for reimbursement consideration as defined under CORRECTIVE ACTION TECHNOLOGIES. EXCAVATION Activities in accordance with an approved CAP are considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates: Equipment costs and labor $2.70 per ton Mobilization (includes vehicle mileage) $400 per trailer Stockpiling soil on-site $1.65 per ton Tank removal, decommissioning, cutting, and disposal are not eligible for reimbursement unless approved as part of corrective action. $1,200 per tank $1,800 per tank $2,400 per tank $3,000 per tank Costs for pumping, testing, and disposal of tank contents are not eligible for reimbursement. Three (3) bids must be submitted for demolition of structures in accordance with an approved CAP for reimbursement consideration as defined under CORRECTIVE ACTION TECHNOLOGIES. Mobilization (includes vehicle mileage) $400 per trailer Concrete and asphalt removal Saw concrete, prices are per linear foot 4 inch concrete 6 inch concrete $1.60 per foot $2.40 per foot $1.70 per foot $2.20 per foot $1.60 per foot $2.10 per foot $1.45 per foot $2 per foot $1.30 per foot $1.80 per foot Saw asphalt, prices are per linear foot 3 inch concrete 4 inch concrete 6 inch concrete $2.20 per foot $2.30 per foot $3.60 per foot $1.80 per foot $2.20 per foot $2.50 per foot $1.60 per foot $1.80 per foot $2.20 per foot $1.50 per foot $1.60 per foot $1.80 per foot Hauling $85 per hour per truck The administrator shall approve hauling costs based on three (3) bids. TRANSPORTATION Activities in accordance with an approved CAP are considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates: $1.65 per ton $400 per trailer $85 per hour per truck DISPOSAL OF SOIL, GROUND WATER, AND TRASH Landfill reimbursement must not exceed the least expensive combination of documented hauling costs and documented disposal costs at a permitted landfill. Applicant must submit a cost justification if the applicant does not use the nearest land disposal facility permitted and willing to accept the applicant's waste. CORRECTIVE ACTION TECHNOLOGIES The maximum costs for the work done for corrective action are allowed on the basis of the lowest of three (3) comparable, competitive bids for the work specified in the approved CAP. Bids for the work specified in the CAP must include bids for installation and labor; however, separate bids may be obtained for cost of installation and labor. Copies of the request for proposal (RFP) for implementation of CAP that was sent to each vendor must be submitted. Each RFP and bid submittal is required to show a line item breakdown of the tasks to be performed in order to verify that all tasks are eligible for reimbursement. The administrator may approve costs based on less than three (3) bids if a demonstration is provided to the administrator that lower costs for the specified work is not possible or practical. Lease or rental on equipment must not be reimbursed above the purchase price. SITE RESTORATION Activities in accordance with an approved CAP are considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates: Backfill hauling $85 per hour per truck Backfill material $18 per ton of stone $9 per ton of soil Backfill placement, compaction, and density verification $6 per ton Resurfacing $5 per square foot Add $0.75 per square foot Add 15% $2.75 per square foot $6 per linear foot Island Forms $900 each $1,400 each Equipment rental (based on daily rate; not an inclusive list) Decontamination equipment (bucket, brushes, and detergent) $15 Power auger $60 Hand auger sampling kit (hand auger/brass sleeves) $42 Slide hammer core sampler $42 Photoionization detector $90 Flame ionization detector $135 LED/O2 meter $60 pH and conductivity meter $24 Dissolved oxygen meter $36 Oxidation/reduction meter (REDOX) $50 Multiparameter water quality meter including pH, dissolved oxygen, temperature, and conductivity $60 Ferrous iron field test $8 per sample Hydrogen sulfite field test $8 per sample Geographic positioning system (GPS) unit for site mapping to 1 foot accuracy $120 2 inch submersible pump $140 4 inch submersible pump $115 Steam cleaner/pressure washer $90 Water level indicator $15 Oil/water interface probe $70 Bailer rental $20 Anemometer $42 Carbon dioxide meter $30 Portable generator, generator ≤ 5kW $60 Portable generator, generator ≤ 10kW $120 Portable generator, generator > 10kW $150 (e) The administrator shall apply the appropriate rate based on the task performed by an employee rather than the qualifications of the employee. Refer to subsection (g) for task descriptions for personnel classifications. These labor rates are adjusted annually on June 1 each year, in accordance with the average monthly producer price index (PPI) percentage listed for the previous year. The PPI industry grouping for Management Consulting Services is 541610. The PPI industry data tables are available through the Bureau of Labor and Statistics at https://www.bls.gov/ppi/home.htm. When submitting a claim for reimbursement, the applicant shall specify the: (f) The maximum costs for the work done for corrective action are allowed based on the lowest of three (3) comparable, competitive bids for the work specified in the approved CAP and the following: (f) (g) The following categories describe the personnel classification activity descriptions: (g) (h) Attorney costs are considered for reimbursement as follows: *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 5.1. (a) The maximum hours reimbursable for tasks related to site characterization and investigations are as follows: (b) Costs allowed for consultant drilling oversight and sampling activities will be dependent on the drilling technique and total feet drilled, as follows: (c) The maximum hours reimbursable for tasks related to groundwater monitoring are as follows: (d) The maximum hours reimbursable for tasks related to site closure activities are as follows: (e) The maximum hours reimbursable for ELTF claim preparation is seven and one-half (7 ½) hours at the ELTF claims technician rate. (f) The maximum hours reimbursable for miscellaneous tasks are as follows: (g) The maximum rates reimbursable for laboratory analytical costs for soil are as follows: (h) The maximum rates reimbursable for laboratory analytical costs for water are as follows: (i) The maximum rate reimbursable for laboratory analytical costs for air is four hundred dollars ($400) per sample of VOC-TO-15. (j) A twenty percent (20%) markup is allowed per sample if the commissioner requires all quality assurance or quality control, including raw data and internal chain of custody necessary to validate analytical results. (k) The cost to rent small equipment may be reimbursed at the following daily rate. The list of equipment includes, but is not limited to, the following: (l) The maximum rates reimbursable for drilling costs are as follows: (m) The maximum rates reimbursable for well abandonment costs are as follows: (n) The maximum rate reimbursable for a qualified professional to demarcate the area for public or private utility clearance is one thousand one hundred dollars ($1,100) per event. Sec. 5.2. (a) Certain costs are eligible for reimbursement after “no further action” status is granted for the eligible release, if the department or owner decide to permanently decommission the use of the site as a UST or an AST facility and undertake the investigation and remediation of any residual contamination arising from the site's former use as a UST or an AST facility. This investigation and remediation remains subject to the statutory requirements of IC 13-25-5-8.5. (b) Before reopening ELTF eligibility and funding, the administrator may require the applicant to provide information regarding the planned future use of the site. (c) Costs incurred for the following activities under subsection (a) may be reimbursed from the ELTF under this article: (d) An eligible party shall request preapproval under section 1.6 of this rule for costs or work to be performed under subsection (c). Preapproval is based on: (e) Costs associated with redrafting, rerecording, or removing an existing environmental restrictive covenant are ineligible for reimbursement. Sec. 5.3 A subsequent owner of a property with a restrictive covenant placed on it due to soil or water contamination from a leaking UST or AST is eligible for reimbursement for remediation expenses to remediate the site under the ELTF if: Sec. 1. (a) Claim applications for reimbursement must be submitted on forms approved by the administrator the form described in subsection (f), as follows: (b) The application must contain the following statement, which must be signed and attested by the person applying to the fund applicant: "I swear or affirm to the best of my knowledge and belief that the costs presented herein represent the reimbursable costs actually incurred in the performance of site characterization or corrective action related to this site during the period of time indicated on this application. I also swear or affirm that all charges presented as part of this application were performed only as necessary to the performance of complete site characterization or corrective action.”. If the person applying has been assigned the right to reimbursement under this rule, the person who assigned that right shall also sign and attest the application. (c) One (1) copy of all the documents required by the administrator must be submitted by the person applying to the fund ELTF to support the application. Original documents must be kept by the person applying to the fund ELTF for a minimum of at least four (4) years after the date the application for payment was submitted or four (4) years after completion of corrective action, whichever is later. (d) Claims, other than Except for final claims, claims that had costs disallowed if that are resubmitted must be resubmitted with subsequent claims. The portion of the claim that was previously submitted must be identified as being previously submitted and include the dollar value of the original claim. The same disallowed cost may only be submitted to the department for consideration three (3) times, including the initial claim submittal. (e) A single claim application may not be submitted to the fund ELTF for reimbursement in an amount less than five thousand dollars ($5,000) unless the claim is one (1) of the following: (f) For reimbursement of costs, a complete ELTF application must be submitted on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: Sec. 1. In addition to the definitions in IC 13-11-2 and 328 IAC 1-1, the definitions in this rule apply throughout this article. Sec. 2. “Project” means the UST decommissioning or replacement as approved for ELTF eligibility, under 328 IAC 3-3-2. Sec. 1. The owner of a UST may apply to the ELTF for payment of reimbursable costs, in accordance with the following: Sec. 2. (a) Claims are paid in the order received by the administrator unless the procedure set forth in 328 IAC 3-4 applies. (b) At the beginning of each state fiscal year, the administrator shall obligate sufficient monies for administering the ELTF. This amount must be approved by the financial assurance board. Sec. 1. (a) ELTF access is limited to: (b) A UST owner may apply to the ELTF for payment of fifty percent (50%) of reimbursable costs if: (c) A claim may not be paid more than once by the ELTF. (d) The administrator may not reimburse costs related to duplicative acts performed by multiple UST owners. If more than one (1) UST owner submits a claim for reimbursement of costs, the administrator shall determine the appropriate reimbursement based on the: (e) The department may: Sec. 2 (a) The owner of the UST to be decommissioned or replaced shall submit an application for ELTF eligibility and coverage as described in subsection (b). The application is subject to the following: (b) Owners shall submit an ELTF eligibility application for UST decommissioning or replacement on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: Sec. 3. The commissioner may request electronic submission of information required by this article. The format and submittal mechanism will be prescribed by the commissioner. Information submitted on electronic media must also be submitted as a paper copy or copies, unless the commissioner determines that only an electronic copy is needed. Sec. 4. (a) If costs for a specified task are projected to exceed the maximum task-based reimbursement rates listed in this article, the UST owner may submit to the administrator a request for a preapproval of projected work to be performed for UST decommissioning or replacement. (b) The submission and any additional information necessary to evaluate the proposed work must be on a form described in section 7 of this rule. (c) The administrator shall base preapproval of a request on the following: (d) The administrator may ask for additional information to substantiate the projected work and projected costs. (e) The administrator shall issue a preapproval letter stating how much of the work is preapproved as reasonable and cost effective. This preapproval is not a determination on eligibility under section 5 of this rule. (f) A request to amend a preapproval must be submitted on a form described in section 7 of this rule before performing the work. Sec. 5. A UST owner shall comply with the following requirements for a claim for reimbursable costs to be considered for reimbursement from the ELTF by the administrator: Sec. 6. (a) The administrator may pay ELTF claims for costs described under IC 13-23-9-1.5. (b) The owner of a UST may seek payment from the ELTF for the following costs related to UST decommissioning or replacement: (c) The following costs are not reimbursable from the ELTF: *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 7. (a) The maximum hours reimbursable for tasks related to tank closure and replacement are as follows: (b) Additional costs not listed in subsection (a) are reimbursed based on the rates found at 328 IAC 1-3-5 and maximum hours permitted by 328 IAC 1-3-5.1. Sec. 8. If an applicant seeks preapproval for work, the applicant shall submit a complete ELTF scope of work on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: Sec. 1. If the administrator invokes prioritization, as described in 328 IAC 1-4, claims for UST decommissioning or replacement under this article may not be reimbursed. Sec. 2. On discontinuation of prioritization procedures, as described in 328 IAC 1-4-5, claims for UST decommissioning or replacement under this article are paid, subject to 328 IAC 3-5-2, in chronological order according to the date and time the administrator received the claim, as indicated by the date and time stamped by the administrator on the submitted claim. Sec. 1. (a) Claim applications for reimbursement must be submitted on the form described in subsection (f) as follows: (b) The application must contain the following statement, which must be signed and attested by the applicant: "I swear or affirm to the best of my knowledge and belief that the costs presented herein represent the reimbursable costs actually incurred in the performance of UST decommissioning or replacement related to this site during the period of time indicated on this application. I swear or affirm that all charges presented as part of this application were necessary to the performance of UST decommissioning or replacement. I also swear that I have not altered the calculations in this electronic form. I understand that pursuant to IC 13-23-9-6, I may be subject to criminal prosecution for submitting false or inaccurate information on or in connection with this application.". (c) One (1) copy of the documents required by the administrator must be submitted by the UST owner to support the application. Original documents must be kept by the UST owner for at least four (4) years after the date the application for payment was submitted or four (4) years after completion of UST decommissioning or replacement, whichever is later. (d) Except for final claims, claims that had costs disallowed that are resubmitted must be resubmitted with subsequent claims. The portion of the claim that was previously submitted must be identified as being previously submitted and include the dollar value of the original claim. The same disallowed cost may only be submitted to the department for consideration three (3) times, including the initial claim submittal. (e) A single claim application may not be submitted to the ELTF for reimbursement in an amount less than five thousand dollars ($5,000) unless the claim is one (1) of the following: (f) For reimbursement of costs, a complete ELTF application for UST decommissioning or replacement must be submitted on a form approved by the Indiana archives and records administration for use by the department. The form must include the following information: Sec. 2. (a) Contingent on the availability of monies as determined by IC 13-23-9-1.7, the administrator shall authorize payment after determining that the requirements of IC 13-23-8, IC 13-23-9, and this article have been met. When a person applying to the ELTF submits documentation verifying that the person has incurred reimbursable costs, payment must be made directly to that person using a payment method accepted by the department. (b) A determination under this rule is appealable under IC 13-23-9-4. (c) Only the owner of the UST may seek preapproval of costs to have reimbursable costs paid from the ELTF.