The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules of the Underground Storage Tank Financial Assurance Board at 328 IAC. As it has been four years since Title 328 was amended, IDEM has determined that the underground storage tank (UST) system owners and operators would benefit from a cost adjustment for investigation and remediation activities reimbursable from the ELTF. This proposed amendment also allows for the annual adjustment of mileage and labor rates. It proposes the addition of and modification of several definitions to clarify the rule. There are other proposed changes that will expedite payment from the fund. IDEM seeks comment on the affected citations listed and any other provisions of Title 328 that may be affected by this rulemaking.

The ELTF was established under IC 13-23-7 to provide financial responsibility and a source of corrective action funds for owners and operators of USTs. In addition to the reimbursable cost adjustments, this proposed amendment would also clarify certain definitions including "substantial compliance" as it relates to the ELTF and a "fund qualifying occurrence". It would clarify actions and activities for which reimbursement may be sought from the fund. It would establish time limits for the submission of claims once a site has achieved a no further action (NFA) status and further define UST "system" and UST "closure" as it relates to the ELTF. Finally, this proposal clarifies personnel classification activity descriptions and task and rates for which attorneys may seek reimbursement. Proposals for clarification or amendment of any other provision of the rule are included in the scope of this notice. IDEM seeks comment on the affected citation listed and any other provisions of Title 328 that may be affected by this rulemaking.