Underground storage tank rule significant amendments 329 IAC 9
Fact Sheet, July 21, 2004
On July 20, 2004, the Solid Waste Management Board (SWMB) adopted as final the Underground Storage Tank (UST) Rule amendments (329 IAC 9) developed by the Indiana Department of Environmental Management (IDEM) in cooperation with external stakeholders. The reasons for the amendments were to update the rule for clarity and consistency as well as technical updates. The rule is more consistent with statutory requirements and the Risk Integrated System of Closure (RISC) non-rule policy document. The new rule should be effective about October 2004. The following is a summary of the more significant changes in the rule:
- Consumptive Use - The definition for "Consumptive use," with respect to heating oil, does not apply to the storage of heating oil for resale, marketing and distribution. (329 IAC 9-1-14)
- Relined USTs - If the lined tank cannot meet performance standards, closure of the tank is required. (329 IAC 9-2.1-1)
- Impressed Current Cathodic Protection - UST systems using impressed current cathodic protection must be tested within six (6) months after installation and at least every three (3) years thereafter. (329 IAC 9-3.1-2)
- Maintenance for Relined USTs - Maintenance to a lined, steel UST is not allowed if 30% or more of the lined surface has had maintenance performed. (329 IAC 9-3.1-4)
- Leak Detection - Rewrite of 329 IAC 9-7-2(1)(A) to agree with 329 IAC 9-7-2(1)(B).
- Consistency and Clarity - The closure procedures were rewritten to provide greater clarity and consistency with current statutory language and IDEM policies. (329 IAC 9-6-2.5)
- Clean and Modified Closure - The definitions for "clean closure" and "modified closure" were deleted for clarity and consistency with current statutory language and IDEM policies. (329 IAC 9-1-10.2 and 29.1)
- Piping Run Sampling - Piping run sampling language made consistent with the UST Branch Guidance Manual. (329 IAC 9-6-2.5)
- In-place and Change-in-service Closure Sampling - "In-place" and "change-in-service" closures require four (4) continuously sampled borings in the four principal directions in the area most likely to have contaminated ground water. Either ground water samples must be collected in all four borings in the first saturated ground water zone below UST system or a soil sample must be collected at 30 feet if ground water is not encountered within a depth of 30 feet. (329 IAC 9-6-2.5(b), (d), (e) and (g))
- Removal Closure Sampling - "Removal" closures require either a ground water sample collected from any excavation or a continuously sampled soil boring advanced to the first saturated ground water zone below the UST system or 30 feet at the area of suspected or confirmed release. If ground water is not encountered within a depth of 30 feet, a soil sample must be collected at 30 feet. (329 IAC 9-6-2.5(c) and (f))
- Applicability - The rule applicability was modified to incorporate the statutory requirement for the IDEM to use risk-based decision-making for cleanups of leaking underground storage tank (LUST) sites (IC 13-12-3-2 and 329 IAC 9-1-1(f))
- Clarity and Consistency - Rule 5 was reorganized to improve clarity and consistency with program guidance including the 1994 UST Branch Guidance Manual and RISC. (329 IAC 9-5)
- Environmental Professionals - Initial Site Characterization (ISC) reports, Further Site Characterization (FSI) reports and Corrective Action Plans (CAPs) must be signed by one of the following: 1) Registered Professional Engineer; 2) Licensed Professional Geologist; 3) Certified Hazardous Materials Manager; or 4) Registered Professional Soil Scientist. (329 IAC 9-5-5.1(b)(3), 329 IAC 9-5-6(c), and 329 IAC 9-5-7(f)(1)(L)(ii))
- Initial Site Characterization - The nature and extent of contamination is not necessarily required for the ISC report. (329 IAC 9-5.1)
- Minimum Standards for ISC - The ISC field activities must include: 1) a minimum of three continuously sampled soil borings; 2) a minimum of three ground water samples; 3) ground water depth, flow direction(s) and gradient using monitoring wells or piezometers (329 IAC 9-5-5.1(b)(2)(E)(vi)(AA), (329 IAC 9-5-5.1(b)(2)(E)(vii)(CC), and 329 IAC 9-5.1(b)(2)(E)(vii)(AA) and (BB))
- Timeframe - The ISC report must be submitted within 60 days of the release report. No extensions will be granted. (329 IAC 9-5.1(b)). Extension requests for submittal of FSIs and CAPs may be granted by the LUST Project Manger depending on-site specific circumstances.
- Further Site Investigation - The ISC report must include a discussion of the need for further site investigation in order to determine the full nature and extent of contamination. (329 IAC 9-5.1(b)(2)(H))
- Remediation Alternatives - The Further Site Investigation (FSI) report must include a discussion of remediation alternatives. (329 IAC 9-5-6(d))
- Corrective Action Plans - If an approved Corrective Action Plan (CAP) fails to achieve the cleanup objectives, the Commissioner may suspend a CAP approval pending modification. (329 IAC 9-5-7(c))
- ELTF Reimbursement - Approval of a CAP under 329 IAC 9-5-7, is not a determination that actual costs incurred are reimbursable costs under 328 IAC 1.
For More Information
E-mail Leaking UST at idem.IN.gov or call (317) 232-8900, toll-free at (800) 451-6027, Ext. 2-8900.