in-20231011-IR-329200025FRA: Amends 329 IAC 9-1-1, 329 IAC 9-2-2, 329 IAC 9-2-3, 329 IAC 9-3-2, 329 IAC 9-6-2.1, 329 IAC 9-6-2.5, 329 IAC 9-6-2.6, and 329 IAC 9-8-11 concerning underground storage tanks. Repeals 329 IAC 9-3-1, 329 IAC 9-4-4, 329 IAC 9-5-1, 329 IAC 9-5-2, 329 IAC 9-5-3.2, 329 IAC 9-5-4.2, 329 IAC 9-5-5.1, 329 IAC 9-5-6, 329 IAC 9-5-7, 329 IAC 9-5-8, 329 IAC 9-6-5, 329 IAC 9-8-1, 329 IAC 9-8-3, 329 IAC 9-8-4, 329 IAC 9-8-5, 329 IAC 9-8-6, 329 IAC 9-8-7, 329 IAC 9-8-8, 329 IAC 9-8-9, 329 IAC 9-8-10, 329 IAC 9-8-12, 329 IAC 9-8-13, 329 IAC 9-8-14, 329 IAC 9-8-15, 329 IAC 9-8-16, 329 IAC 9-8-17, 329 IAC 9-8-18, 329 IAC 9-8-19, 329 IAC 9-8-20, 329 IAC 9-8-21, 329 IAC 9-8-22, 329 IAC 9-8-23, and 329 IAC 9-8-24. Effective 30 days after filing with the publisher.

Final Rule LSA Document #20-25 DIGEST Sec. 1. (a) This article applies to all owners and operators of a UST as described in 40 CFR 280.10*. (b) Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) means the July 1, 2016 July 1, 2022, edition, as incorporated by reference in this article. (c) Owners and operators of a UST as described in 40 CFR 280.10* shall comply with the technical standards and corrective action requirements for USTs at 40 CFR 280*, with the following exceptions: (d) When used in 40 CFR 280* as incorporated by this rule, substitute the following: (e) In addition to the definitions in this section, the definitions in IC 13-11-2 and 40 CFR 280.12*, the definitions in this rule apply throughout this rule article. *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. 2. (a) All notifications required to be submitted under this article must be submitted on The owner and operator of a UST shall notify the department using a form provided approved by the Indiana archives and records administration for use by the department and in a format prescribed by the commissioner in the following circumstances: (c) (b) An owner required to submit a notification form under this section subsection (a)(1) shall provide the following information on a form approved by the Indiana archives and records administration for use by the department: (d) (c) An owner may and operator required to submit a form under subsection (a)(2) shall provide all the information required in subsection (b) on a notification for several USTs at one (1) location using one (1) form approved by the Indiana archives and records administration for use by the department and shall indicate the type of notification on the form. (e) All owners and operators of new or replaced UST systems shall certify, on each notification form submitted compliance with the following requirements: (f) All owners and operators (d) The owner and operator of a UST systems shall ensure that the a person who certified by the department of homeland security, division of fire and building safety performs tank system: (e) The certified person who performs the work owner or operator shall certify on the notification a form approved by the Indiana archives and records administration for use by the department that the work performed complies with methods specified in this article and 40 CFR 280, Subpart C*, and was performed by a person with a certification as described in subsection (d). (g) All owners and operators of UST systems shall submit a notification to the department within thirty (30) days of completing any of the following actions: (f) All owners and operators required to submit a form under subsection (a)(3) shall provide the following information on a form approved by the Indiana archives and records administration for use by the department at least thirty (30) days prior to closure or change-in-service: (g) Owners and operators required to submit a form under subsection (a)(4) shall submit the following information on a form approved by the Indiana archives and records administration for use by the department: (h) An owner may provide notification for several USTs at one (1) location using one (1) form. (h) Any (i) A person who sells a facility with a regulated UST or UST system shall notify the purchaser of the purchaser's obligation to submit a notification the appropriate form under subsection (b) (a). (i) (j) Pursuant to 42 U.S.C. 6991a, et seq., in effect on September 30, 1996, notification of the service status of the UST system must be provided to the department by the owner or operator of a UST system that is: *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) The owner or operator of a UST shall demonstrate compliance with the release detection requirements of 40 CFR 280, Subpart D* and this article by providing a certification of compliance on the a form approved by the Indiana archives and records administration for use by the department as required under section 2 of this rule. (b) The certification must demonstrate that the person who performs the work that brings the UST in compliance with 40 CFR 280, Subpart D* has been certified by the office of the state fire marshal under 675 IAC 12-12. *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. 2. (a) Documentation required to be submitted to the department by this article, with the exception of reports required under 329 IAC 9-4-4 40 CFR 280.53*, may be submitted in an electronic format, in accordance with IC 13-14-13, as prescribed by the commissioner. (b) Any Documents submitted in an electronic format must also be submitted as a paper copy unless the commissioner makes a determination that only an electronic copy is needed. *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. 2.1. (a) At least thirty (30) days before beginning permanent closure or a change-in-service, the owner or operator shall notify the department and the office of the state fire marshal of the permanent closure or change-in-service using the notification form required described in 329 IAC 9-2-2 329 IAC 9-2-2(f). If the permanent closure or change-in-service is a part of the response to corrective action, then the notification requirements of 329 IAC 9-5 40 CFR 280, Subpart F* apply. (b) All tanks permanently closed must be removed from the ground or closed in place and the owner or operator must conduct a site assessment in accordance with section 2.5 of this rule. (c) Continued use of a UST to store a nonregulated substance is considered a change-in-service. Before a change-in-service, the owner and operator must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with section 2.5 of this rule. *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. 2.5. (a) A site assessment for a UST system undergoing permanent closure or a change-in-service must be provided by the UST owner or operator to the department not later than thirty (30) days after completion of permanent closure or change-in-service. (b) The site assessment must include the following information and be conducted as follows: (b) (c) If one (1) or more additional tanks are discovered during a closure, the owner and operator shall: (c) (d) If, at any time during the site assessment, a release is either suspected or confirmed in the backfill, native soil, or ground water, the owner or operator shall: (d) (e) The permanent closure or change-in-service is not considered complete until all permanent closure or change-in-service requirements and site assessment requirements are met. (e) (f) If the site assessment is incomplete, the owner or operator shall be notified by the commissioner and shall have forty-five (45) days from receipt of the notice to complete the site assessment. (f) (g) If the UST contains hazardous substances, the owner and operator shall perform sampling and analyses as required for the chemical of concern. *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. 2.6. (a) Soil sampling for an in-place closure must be conducted as follows: (b) Soil sampling for removal closure must be conducted in compliance with the following as follows: (c) Soil samples for a change-in-service must be taken as follows: (d) Water samples for any a permanent closure or change-in-service must be collected as follows: (e) The following conditions apply to any a waiver of sampling: *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. 11. (a) An owner or operator may satisfy the financial responsibility requirements of section 4 of this rule 40 CFR 280.93* by participation in the excess liability trust fund under 328 IAC 1. Reimbursement from the fund is determined by compliance with 328 IAC 1. (b) An owner or operator of: (c) The owner or operator shall use any one (1) or a combination of the following mechanisms to demonstrate the ability to pay the applicable amount under subsection (b) with a written and signed certification worded exactly as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: (d) In addition to subsection (c), Local government owners or operators may use any one (1) or a combination of the following mechanisms to satisfy the requirements of subsection (b): (e) In accordance with 40 CFR 280.101*, (d) The department shall issue a certificate of financial assurance to each eligible tank owner or operator describing the nature of the state's assumption of responsibility. The certificate of financial assurance must contain the following information: (f) (e) The owner or operator must maintain the certificate of financial assurance described in subsection (e) (d) on file as proof of financial responsibility in accordance with section 21 of this rule 40 CFR 280.111*. *This document is *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.