By Thomas W. Baker, Hatchett & Hauck LLP
Revisions to Indiana’s Underground Storage Tank rules adopted by the Indiana Environmental Rules Board in January 2018 will be effective soon, likely in June or July of 2018. The rule revision is still under review by the Indiana Attorney General and Governor but will be effective 30 days after the revision is accepted for filing.
The revised rule represents a shift in Indiana’s approach to regulation of USTs, as it incorporates most of the federal UST rules codified at 40 CFR Part 280 by reference, instead of containing the rule language within the text of Title 329 of the Indiana Administrative Code. Indiana retains parts of its own rules for delivery prohibition (the “red tag” program), investigation and corrective action, closure and financial assurance.
The rule revision also makes some substantive changes to current UST regulations, particularly by incorporating the changes to 40 CFR Part 280 as promulgated by the U.S. EPA in 2015. Some of the changes in the pending rule revision include:
- Transition to U.S. EPA requirements for tank and piping performance standards
- Revised Certified Operator requirements, including enhanced training specifications
- Additional requirements for field-constructed tanks, airport fuel systems and emergency generator tanks, which had been previously exempted from certain regulations under Indiana and federal law
- Elimination of the tangible net worth letter option for demonstrating financial assurance
- Notice to IDEM at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by IDEM
The progress of the rule may be tracked here, referencing LSA Document No. 16-204.