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Title 328 - Underground Storage Tank Financial Assurance Board

Title 328 - Underground Storage Tank Financial Assurance Board
Rule Name, LSA #, and Subject Matter Rule Contact for Questions and Submission of Comments * Rule Actions and Comment Periods Public Hearings, and Anticipated Adoption and Effective Dates **
Excess Liability Trust Fund
#26-13

Amends and adds rules to 328 IAC 1 and 328 IAC that will affect many facets of the Excess Liability Trust Fund. Specifically, the amendments and additional rules will do the following:
  1. Modify and add definitions to provide clarity and consistency for UST and petroleum AST owners and operators.
  2. Clarify ELTF eligibility.
  3. Further specify requirements for the preapproval of work and reimbursements.
  4. Specify eligible costs after a “no further action” designation.
  5. Incorporate new cost guidelines for work eligible for reimbursement.
  6. Incorporate coverage of petroleum ASTs, pursuant to SEA 246.
  7. Establish allowable reimbursement for decommissioning and replacing USTs.
The proposed changes seek to improve the cost effectiveness of ELTF claims, ensure the long-term financial solvency of ELTF, and comply with statutory requirements.		 Dan Watts
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN  46204

Phone: (317) 234-5345
Fax: (317) 233-5970
E-mail: dwatts1@idem.IN.gov		 Notice of First Public Comment Period
DIN: 20260128-IR-872260018FNA
Comment Period:
01/29/2026 – 02/27/2026

Regulatory Analysis
DIN: 20260128-IR-328260013RAA		 Public Hearing: Preliminary Adoption
03/26/2026
DIN: 20260128-IR-328260013PHA

* Copies of rules, comments, and the agency's written response to those comments are open for public inspection at the Office of Legal Counsel, Indiana Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor East, Indianapolis, Indiana.

** After a rule is final adopted, IDEM must provide the complete administrative record to the Attorney General’s office in the form of a “promulgation packet.” The Attorney General’s office then has forty-five (45) days to review the rule for form and legality before submitting it to the Governor for signature. The Governor has fifteen (15) days to sign or reject the rule and may request an additional fifteen (15) days if necessary. After signature, the rule is submitted to the Legislative Services Agency for publication in the Indiana Register. Unless specifically stated in the rule, the rule becomes effective thirty (30) days after filing with Legislative Services.