TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA
Final Rule
LSA Document #22-386(F)
DIGEST
Adds
355 IAC 5-0.5 to identify the scope of the regulated persons under this article. Amends and adds provisions to
355 IAC 5-1 to establish definitions referenced throughout the article and to clarify the applicability of the definitions in
IC 15-16-4 and
IC 15-16-5. Amends
355 IAC 5-2-1 to limit appurtenance requirements to bulk and minibulk only. Amends
355 IAC 5-2-2 to limit underground pesticide storage restrictions to bulk and minibulk only. Amends
355 IAC 5-2-3 to limit abandoned container restrictions to bulk and minibulk only. Amends
355 IAC 5-2-4 to limit container materials restrictions to bulk and minibulk only. Amends
355 IAC 5-2-5 to limit storage container anchoring requirements to bulk and minibulk only. Amends
355 IAC 5-2-6 to limit storage container venting requirements to bulk only. Amends
355 IAC 5-2-8 to limit container filling restrictions to bulk only. Amends
355 IAC 5-2-9 to limit shutoff valve requirements to bulk and minibulk only. Amends
355 IAC 5-2-10 to limit appurtenance requirements to bulk and minibulk only. Amends
355 IAC 5-2-11 to limit leveling gauge requirements to bulk only. Amends
355 IAC 5-2-12 to limit maintenance requirements to bulk and minibulk only. Amends
355 IAC 5-3-1
to limit operational area requirements to bulk and minibulk only. Amends
355 IAC 5-4-1 to differentiate between bulk and minibulk secondary storage requirements. Amends
355 IAC 5-4-2 to clarify the reference to floors of containment structures. Amends
355 IAC 5-4-3 to clarify acceptable materials for floors of secondary containment. Amends
355 IAC 5-4-4 to differentiate between bulk and minibulk drainage requirements. Amends
355 IAC 5-4-7 to permit double wall storage containers to satisfy the secondary containment requirement. Amends
355 IAC 5-5-1 to limit certain storage requirements to dry bulk only. Amends
355 IAC 5-8-1 to limit storage registry requirements to bulk only. Adds
355 IAC 5-9 to consolidate and simplify pesticide storage and use restrictions in wellhead protection areas and isolation areas. Adds
355 IAC 5-10 to consolidate pesticide service container requirements. Adds
355 IAC 5-11 to consolidate open burning restrictions for pesticide containers. Repeals
355 IAC 5-1-7.5 and
355 IAC 5-1-12. Effective 30 days after filing with the Publisher.
ARTICLE 5. STORAGE AND CONTAINMENT OF PESTICIDES
Rule 0.5. Applicability
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. (a) Except as provided in subsections (b) through (d), the requirements in this article apply to all persons that store:
(1) minibulk pesticide containers;
(2) bulk pesticide containers; or
(3) pesticides within a wellhead protection area.
(b) The requirements in this article do not apply to persons that transport, but do not otherwise store, unopened pesticide containers.
(c) The requirements for operational area containment in 355 IAC 5-3 do not apply to persons that store antimicrobial pesticide containers labeled for legal use in:
(1) food handling or storage establishments premises and equipment;
(2) commercial, institutional, and industrial premises and equipment;
(3) residential and public access premises;
(4) medical premises and equipment;
(5) human drinking water systems;
(6) materials preservatives;
(7) industrial processes and water systems;
(8) antifouling coatings;
(9) wood preservatives; or
(10) swimming pools.
(d) The requirements for operational area containment in 355 IAC 5-3 and secondary containment in 355 IAC 5-4 do not apply to persons that store minibulk pesticide containers for less than forty-five (45) days, as verified by written delivery documentation.
(State Chemist of the State of Indiana; 355 IAC 5-0.5-1; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 0.7. In addition to the definitions in this rule, the definitions in IC 15-16-4 and IC 15-16-5 apply throughout this article.
(State Chemist of the State of Indiana; 355 IAC 5-1-0.7; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-1-4 "Dry bulk pesticide" defined
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 4. As used in this article, "Dry bulk pesticide" means pesticide in an undivided quantity exceeding one hundred (100) pounds that is in solid form prior to any application or mixing for application and includes formulations, such as dusts, wettable powders, dry flowable powders, and granules.
(State Chemist of the State of Indiana; 355 IAC 5-1-4; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1401, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2213; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Sep 25, 2013, 11:11 a.m.: 20131023-IR-355130362RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 5.5. "Isolation area" means the area, as referenced in 327 IAC 8-3.4-9, that is located within two hundred (200) feet of a community public water supply system (327 IAC 8-4.1-1(5)) production well and is intended to protect groundwater from direct contamination by pesticides.
(State Chemist of the State of Indiana; 355 IAC 5-1-5.5; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-1-6 "Liquid bulk pesticide" defined
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 6. As used in this article, "Liquid bulk pesticide" means a pesticide in liquid form, including solutions, emulsions, suspensions, and slurries contained in an undivided quantity exceeding fifty-five (55) U.S. gallons.
(State Chemist of the State of Indiana; 355 IAC 5-1-6; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1401, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2213; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Sep 25, 2013, 11:11 a.m.: 20131023-IR-355130362RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-1-7 "Minibulk pesticide" defined
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 7. As used in this article, "Minibulk pesticide" means an amount of liquid pesticide greater than fifty-five (55) gallons (two hundred eight (208) liters) but not exceeding four hundred (400) gallons (one thousand five hundred fourteen (1,514) liters) which is held in a single container designed for ready handling and transport, has been filled by the original pesticide manufacturer, and to which no substance has been added by any person.
(State Chemist of the State of Indiana; 355 IAC 5-1-7; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1401, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; readopted filed Sep 20, 2007, 1:46 p.m.: 20071010-IR-355070484RFA; readopted filed Sep 25, 2013, 11:11 a.m.: 20131023-IR-355130362RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 11.5. "Service container" means any package, can, bottle, jug, bag, or other containing device used to transport a diluted or undiluted pesticide from a storage site to an application site, and return to the storage site, if needed. The term shall not mean any of the following:
(1) An original labeled pesticide container provided by the manufacturer.
(2) A container larger than the original labeled container provided by the manufacturer.
(3) A device for measuring a pesticide.
(4) Equipment used solely for the application of a pesticide.
(State Chemist of the State of Indiana; 355 IAC 5-1-11.5; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 13. (a) As used in this article, "Storage container" means a container used for the storage of liquid or dry pesticide at a storage facility but does not include a mobile container, such as application equipment or a delivery vehicle.
(b) The term does not include a mobile container storing liquid pesticide for less than thirty (30) days. In the case of minibulk pesticide containers, written and verifiable documentation as to the period of storage at the storage facility shall be required and made available to the state chemist upon request.
(State Chemist of the State of Indiana; 355 IAC 5-1-13; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1402, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2213; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Sep 25, 2013, 11:11 a.m.: 20131023-IR-355130362RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-1-16 "Wellhead protection area" defined
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 16. "Wellhead protection area" refers to the surface and subsurface area of the wellhead protection area, as defined in 327 IAC 8-4.1-1(27), that is located within a three thousand (3,000) foot radius of a community public water supply system (327 IAC 8-4.1-1(5)) production well or wellfield and through which contaminants are likely to move.
(State Chemist of the State of Indiana; 355 IAC 5-1-16; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 2. Storage of Liquid Bulk and Minibulk Pesticide
355 IAC 5-2-1 Liquid bulk and minibulk storage containers and appurtenances; basic requirements
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. (a) Bulk and minibulk storage containers and appurtenances shall be constructed, installed, and maintained so as to prevent the discharge or the spill of liquid pesticide.
(b) Storage containers and appurtenances shall be constructed of materials which are resistant to corrosion, puncture, or cracking.
(c) Materials used in the construction or repair of storage containers and appurtenances may not be of a type which react chemically or electrolytically with stored liquid pesticide in a way which may weaken the storage container or appurtenances, create a risk of discharge, or adulterate the pesticide.
(d) Metals used for valves, fittings, and repairs on metal containers shall be compatible with the metals used in the construction of the storage container so that the combination of metals does not cause or increase corrosion which may weaken the storage container or its appurtenances or create a risk of discharge.
(e) Storage containers and appurtenances shall be designed to handle all operating stresses, taking into account static head, pressure build-up from pumps and compressors, and any other mechanical stresses to which the storage containers and appurtenances may be subject in the foreseeable course of operations.
(State Chemist of the State of Indiana; 355 IAC 5-2-1; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1402, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; readopted filed Sep 20, 2007, 1:46 p.m.: 20071010-IR-355070484RFA; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-2 Prohibition against underground storage of bulk and minibulk pesticides
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 2. Liquid bulk and minibulk pesticide shall not be stored in an underground storage container.
(State Chemist of the State of Indiana; 355 IAC 5-2-2; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1403, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2214; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-3 Abandoned bulk and minibulk containers and structures
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 3. (a) Bulk and minibulk pesticide storage containers and other containers used at a storage facility to hold pesticide or pesticide rinsate are considered abandoned if they have been out of service for more than six (6) months because of a weakness or leak or have been out of service for any reason for more than two (2) years.
(b) Abandoned underground containers structures, including abandoned underground catch basins, shall be thoroughly cleaned and removed from the ground or thoroughly cleaned and filled with an inert solid. All connections and vents shall be disconnected and sealed. A record of the catch basin structure size, location, and method of closing shall be maintained at the storage facility or as otherwise provided for in this article.
(c) Abandoned aboveground bulk and minibulk pesticide containers shall be thoroughly cleaned. All hatches on the containers shall be left open, and all valves or connections shall be severed and left open.
(d) Secondary containment is not considered abandoned merely because there have been no discharges into the secondary containment.
(State Chemist of the State of Indiana; 355 IAC 5-2-3; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1403, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2214; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 4. (a) Bulk storage containers and appurtenances shall not be made of polyvinyl chloride.
(b) A bulk or minibulk storage container shall not be made of ferrous metals, unless the container is made of stainless steel or other approved materials, or the container has a protective lining that inhibits corrosion and does not react chemically with the stored pesticide.
(State Chemist of the State of Indiana; 355 IAC 5-2-4; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1403, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2214; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-5 Anchoring bulk and minibulk storage containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 5. (a) Bulk and minibulk storage containers shall be anchored as necessary, to prevent flotation or instability which might occur as a result of liquid accumulations within secondary containment.
(b) Storage containers shall be considered anchored if in addition to other approved means, the containers:
(1) are placed on a raised area or platform of such at a height as to prevent flotation or instability in the event of liquid accumulations; or
(2) store product with sufficient volume to rise to at least the height of the secondary containment walls.
(State Chemist of the State of Indiana; 355 IAC 5-2-5; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1403, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2215; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-6 Vents for bulk storage containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 6. (a) Each bulk storage container shall be equipped with a vent with a hood or an inverted opening.
(b) Conservation vents shall be used on containers storing products where loss of vapor affects product quality or where the vapor is harmful to plants, animals, or humans.
(c) Conservation vents shall open and close within the designed pressure limits of the storage container.
(State Chemist of the State of Indiana; 355 IAC 5-2-6; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1403, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2215; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-8 Filling liquid bulk pesticide containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 8. Liquid bulk pesticide storage containers shall not be filled to more than ninety-five percent (95%) of capacity unless the storage container construction or location provides constant temperature control or is otherwise designed to be filled to a capacity of greater than ninety-five percent (95%).
(State Chemist of the State of Indiana; 355 IAC 5-2-8; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1404, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2215; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-9 Liquid bulk and minibulk shutoff valves
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 9. (a) Bulk and minibulk storage container connections, except for safety relief connections, shall be equipped with a shutoff valve located on the storage container or at a distance from the storage container dictated by standard engineering practice that allows the attending operator to stop the flow of pesticide from the container.
(b) Except for a storage container of minibulk pesticide, All wetted parts inside shutoff valves and connections from the liquid bulk storage container to the shutoff valve shall be made of stainless steel. or other approved material.
(State Chemist of the State of Indiana; 355 IAC 5-2-9; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1404, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2215; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-10 Appurtenances for bulk and minibulk pesticide containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 10. Appurtenances for bulk and minibulk containers shall be adequately supported to prevent sagging and possible breakage because of gravity and other forces which may be encountered in the ordinary course of operations.
(State Chemist of the State of Indiana; 355 IAC 5-2-10; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1404, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2216; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-11 Liquid bulk pesticide level gauging device
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 11. (a) Liquid bulk storage containers shall be equipped with a liquid level gauging device or other means by which the level of liquid in the storage container can be readily and safely determined.
(b) External sight gauges are prohibited.
(State Chemist of the State of Indiana; 355 IAC 5-2-11; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1404, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2216; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-2-12 Maintenance of bulk and minibulk pesticide containers and appurtenances
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 12. Bulk and minibulk storage containers and appurtenances shall be maintained to minimize the risk of a discharge.
(State Chemist of the State of Indiana; 355 IAC 5-2-12; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1404, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2216; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 3. Operational Area Containment of Liquid Bulk and Minibulk Pesticide at Storage Facilities
355 IAC 5-3-1 Bulk and minibulk operational area containment
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. (a) Operational areas at a storage facility for bulk and minibulk containers shall have containment that is curbed and paved with reinforced concrete or other approved material that provides an impervious surface. Operational area activities shall be carried out within this containment.
(b) The operational area containment shall be constructed and reinforced to support the foreseeable maximum gross load of all product, equipment, and motor vehicles utilizing the area. The containment shall have a minimum width of ten (10) feet, a minimum length of twenty (20) feet, and a minimum capacity of seven hundred fifty (750) gallons. Points of loading and unloading shall be positioned over the containment.
(c) Wherever sufficient capacity required in
355 IAC 5-4-1(c) and provisions of this rule are complied with, the secondary containment described in
355 IAC 5-4 may be designed for and jointly used in lieu of a separate operational area containment.
(d) The operational area containment shall form or drain into a watertight catch basin. If the operational area containment drains to a sump, the catch basin may include the sump and an aboveground container, provided a pump is installed which automatically transfers the contents of the sump into an aboveground container. Such Containers used for the temporary storage of liquids collected from the operational area containment shall be located within secondary containment.
(e) All liquids shall be promptly removed from the operational area containment for use in the blending process or for proper disposal in accordance with all applicable rules. The capacity required in subsection (b) shall be available at all times.
(f) Storage containers and appurtenances shall be protected against reasonably foreseeable risks of damage by vehicles operating in the area.
(g) This section does not apply to the unloading of mobile containers at the pesticide application site.
(h) Operational area containment shall be maintained as necessary to assure compliance with this rule.
(i) Alternative means, including portable operational area containment systems, shall be permitted to serve as operational area containment systems if approved.
(State Chemist of the State of Indiana; 355 IAC 5-3-1; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1405, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2216; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 4. Secondary Containment of Liquid Bulk and Minibulk Pesticide
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. (a) Liquid bulk and minibulk pesticide storage containers shall be located within secondary containment constructed with a base an impermeable floor and perimeter wall. and sloped floor. Exception for a sloped floor may be granted by the state chemist. Secondary containment for liquid bulk storage containers must have a sloped floor. Secondary containment for minibulk storage containers is not required to have a sloped floor.
(b) The secondary containment area for liquid bulk pesticide storage containers shall be separate from a secondary containment area for all other materials. and used only for containment of liquid pesticide storage containers or other pesticide related equipment. The secondary containment area for liquid minibulk pesticide containers is not required to be separate from a secondary containment area for other chemical storage containers. Adjoining secondary containment areas may share impermeable common walls.
(c) Secondary containment not protected from rainfall shall at all times have a minimum capacity of one hundred percent (100%) of the volume of the largest storage container within the contained area plus the volume displaced by all the other tanks, equipment, and appurtenances in the area up to the safe design level of the containment structure, plus a freeboard of six (6) inches.
(d) Secondary containment protected from rainfall is not required to have the freeboard noted in subsection (c), but shall comply with all other requirements therein.
(e) Secondary containment constructed prior to enactment of this rule and that has a capacity of a minimum of one hundred ten percent (110%) of the volume of the largest storage container within the contained area plus the volume displaced by all the other tanks in the area up to the safe design level of the containment structure shall be deemed to be in compliance with this rule. Any such A storage facility upon alteration of the secondary containment area or increases in storage container volume shall be brought into full compliance within ninety (90) days of alteration or increase.
(f) Open drains and permeable tile drainage shall not be permitted within or under secondary containment.
(State Chemist of the State of Indiana; 355 IAC 5-4-1; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1405, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2217; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 2. (a) The walls of secondary containment shall be constructed of steel, poured reinforced concrete, pre-casted concrete modules, or solid masonry and be designed to withstand a full hydrostatic head of any discharged liquid and weight load of material used in construction.
(b) Cracks and seams shall be sealed to prevent leakage.
(c) Walls shall not exceed six (6) feet in height above interior grade unless provisions are made for normal access and necessary emergency access to storage containers, valves, and other equipment, and for safe exit from the secondary containment.
(d) Walls constructed of concrete or solid masonry shall rest upon a floating base floor of concrete prepared as in section 3(b) of this rule or upon suitable concrete footings which extend below the average frost depth. Joints between walls and the base floor shall be watertight.
(State Chemist of the State of Indiana; 355 IAC 5-4-2; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1406; errata filed May 10, 1991, 2:30 p.m.: 14 IR 1730, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2217; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 3. (a) The base floor of secondary containment shall be lined with designed to be impermeable and constructed of concrete, steel, or other materials approved liners by the manufacturer of the pesticide product being stored within the secondary containment.
(b) Concrete liners Floors shall be designed according to good engineering practices to withstand any foreseeable loading conditions, including a full hydrostatic head of discharged fluid and static loads of storage containers, including appurtenances, equipment, and contents. Cracks and seams shall be sealed to prevent leakage.
(c) Steel liners and installation plans shall be approved before use.
(d) Synthetic liners and installation plans shall be approved before use.
(e) Synthetic liners shall have a minimum thickness of thirty (30) mils (eight-tenths (0.8) millimeter) and be chemically compatible with the materials being stored within the containment.
(f) Synthetic liners shall be installed under the supervision of a qualified representative of the manufacturer, and all field constructed seams shall be tested and repaired, if necessary, in accordance with the manufacturer's recommendations.
(State Chemist of the State of Indiana; 355 IAC 5-4-3; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1406, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2218; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-4-4 Drainage from secondary containment
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 4. Secondary containment shall not have a drain, relief outlet, or valve. Except for secondary containment for minibulk containers, the base floor shall slope to a collecting spot where liquid shall be removed by a manually activated pump over the wall for use in the blending process or for proper disposal in accordance with all applicable regulations pesticide label directions.
(State Chemist of the State of Indiana; 355 IAC 5-4-4; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1407, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2218; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-4-7 Alternative to secondary containment for storage containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 7. (a) Double wall storage containers may be used to comply with the secondary containment requirements in this rule. A double wall storage container must be constructed to be at least as protective in preventing spills to the environment as the other secondary containment options described in this article.
(b) Individual storage containers not exceeding three thousand (3,000) gallons may be contained within an elephant ring in lieu of secondary containment.
(b) (c) Both the storage container and the elephant ring shall be fabricated of materials compatible with each other and with the pesticide being stored. The storage container and the elephant ring shall be constructed of similar metals. Elephant rings shall not be constructed of plastic.
(c) (d) The height of the elephant ring wall shall not exceed four (4) feet. The minimum capacity of the elephant ring shall be one hundred percent (100%) of the volume of the storage container plus the volume displaced by all equipment and appurtenances in the secondary containment vessel up to the safe storage level of the elephant ring, plus a freeboard of six (6) inches. An elephant ring protected from rainfall is not required to have the freeboard of six (6) inches.
(d) (e) The elephant ring shall be free of leaks and structural defects. The base shall be protected from corrosion, both from inside and outside, and shall be underlain by a concrete pad or by eight (8) inches of compacted gravel beneath four (4) inches of compacted sand or as recommended by the manufacturer of the elephant ring and approved by the state chemist.
(e) (f) The elephant ring shall not have a relief outlet or valve. No appurtenances shall extend through the wall of the elephant ring. Pumps located within the elephant ring shall be placed on an elevated platform.
(f) (g) Liquid shall be removed from the elephant ring by means of a manually activated pump for use in the blending process or disposal in accordance with all applicable regulations.
(g) (h) Elephant rings shall be maintained as necessary to assure compliance with this rule.
(State Chemist of the State of Indiana; 355 IAC 5-4-7; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1407, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2218; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-5-1 Storage requirements for dry bulk pesticide
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. (a) Dry bulk pesticide shall be kept in storage containers effectively designed and constructed to hold dry pesticide. Storage containers shall be constructed of materials that are compatible with the pesticide being stored and resistant to corrosion, puncture, or cracking, and shall be maintained in a good state of repair. Storage containers shall be placed on pallets or on a raised concrete platform which is drained to prevent the accumulation of water in or under the pesticide.
(b) Except during loading or unloading, stored dry bulk pesticide shall be covered by a roof or tarpaulin that will keep precipitation off the pesticide.
(c) Storage facilities shall be secured to provide reasonable protection from wildlife, vandalism, and unauthorized access.
(State Chemist of the State of Indiana; 355 IAC 5-5-1; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1408, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2219; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 8. Bulk Pesticide Storage Facility Registry
355 IAC 5-8-1 Annual bulk pesticide facility registry
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. Bulk pesticide storage facilities shall notify the state chemist each year of the facilities' location and status. The notice shall include the facilities':
(1) mailing address;
(2) owner or manager name;
(3) rated or calculated capacity off all storage containers; and
(4) physical location of storage containers.
(State Chemist of the State of Indiana; 355 IAC 5-8-1; filed Mar 8, 1991, 2:45 p.m.: 14 IR 1410, eff sixty (60) days after filing with secretary of state; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; filed Feb 20, 2002, 9:38 a.m.: 25 IR 2219; readopted filed Sep 3, 2008, 1:46 p.m.: 20080924-IR-355080553RFA; readopted filed Oct 17, 2014, 9:26 a.m.: 20141112-IR-355140342RFA; readopted filed Oct 26, 2020, 10:27 a.m.: 20201125-IR-355200459RFA; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 9. Regulation of Pesticides Near Public Water Supply System Wells
355 IAC 5-9-1 Pesticide storage and use within the isolation area
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-44;
IC 15-16-5-45;
IC 15-16-5-64
Sec. 1. (a) Except for pesticides labeled for use in the treatment of drinking water, pesticide storage, mixing, and loading shall be prohibited within the isolation area.
(b) Application of pesticides within the isolation area shall be permitted unless prohibited by:
(1) the pesticide label; or
(2) a rule by the Indiana pesticide review board.
(State Chemist of the State of Indiana; 355 IAC 5-9-1; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-9-2 Pesticide storage within the wellhead protection area zone and outside the isolation area
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-44;
IC 15-16-5-45;
IC 15-16-5-64
Sec. 2. Except for bulk and minibulk pesticide storage containers in compliance with 355 IAC 5-2 through 355 IAC 5-8, all pesticide storage containers located within the wellhead protection area zone and outside of the isolation area shall be stored:
(1) on an impervious surface designed to contain a discharge of the entire contents of the largest storage container plus the volume displaced by all the other items within the contained area; and
(2) in an area protected from precipitation.
(State Chemist of the State of Indiana; 355 IAC 5-9-2; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-9-3 Pesticide spills or discharges within the wellhead protection area zone
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-44;
IC 15-16-5-45;
IC 15-16-5-64
Sec. 3. All pesticide spills or discharges within the wellhead protection area zone shall be cleaned up immediately upon discovery in a manner that prevents the pesticide from threatening waters of the state, dry wells, storm sewers, sanitary sewers, or septic systems.
(State Chemist of the State of Indiana; 355 IAC 5-9-3; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 10. Use and Labeling of Pesticide Service Containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-44;
IC 15-16-5-45;
IC 15-16-5-64
Sec. 1. (a) Except as provided in subsection (b), a certified applicator or an individual working under the supervision of a certified applicator may transfer a diluted or an undiluted pesticide to a service container, as defined in 355 IAC 5-1-11.5.
(b) Use of a service container shall not be permitted if the original label of the pesticide:
(1) requires storage in the original container only; or
(2) prohibits transfer to other containers.
(State Chemist of the State of Indiana; 355 IAC 5-10-1; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
355 IAC 5-10-2 Labeling of service containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-44;
IC 15-16-5-45;
IC 15-16-5-64
Sec. 2. (a) The certified applicator or an individual working under the supervision of a certified applicator must securely attach to the service container labeling for the pesticide that includes the following:
(1) The complete brand name.
(2) The United Stated Environmental Protection Agency registration number.
(3) The name of the active ingredient or ingredients.
(4) The percentage or percentages of the active ingredient or ingredients.
(b) The individual transporting the service container must have in the individual's possession a complete representative copy of the entire label for the pesticide.
(State Chemist of the State of Indiana; 355 IAC 5-10-2; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Rule 11. Open Burning of Pesticide Containers
355 IAC 5-11-1 Prohibition against open burning of pesticide containers
Authority:
IC 15-16-4-50;
IC 15-16-4-52;
IC 15-16-5-64
Sec. 1. A person may not cause the open burning of a pesticide container in a manner that allows air contaminants resulting from combustion to be emitted directly into the air without passing through a stack or chimney from an enclosed chamber, as described in 326 IAC 4-1-0.5(6).
(State Chemist of the State of Indiana; 355 IAC 5-11-1; filed Apr 24, 2023, 10:38 a.m.: 20230524-IR-355220386FRA)
Hearing Held: April 5, 2023
Approved by Attorney General: April 13, 2023
Approved by Governor: April 19, 2023
Filed with Publisher: April 24, 2023, 10:38 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: David Scott, Pesticide Administrator, Office of the Indiana State Chemist, 175 South University Street, West Lafayette, IN 47907-2063, (765) 494-1593, scottde@purdue.edu
Posted: 05/24/2023 by Legislative Services Agency
DIN: 20230524-IR-355220386FRA
Composed: May 17,2024 4:04:00AM EDT
A
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