329 IAC 9-1-1 - Applicability; incorporation by reference; definitions

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-23-1

Affected: IC 4-22-9-5; IC 13-11-2-158; IC 13-12-3-2; IC 13-23

Sec. 1.

(a) This article applies to all owners and operators of a UST as described in 40 CFR 280.10 *.

(b) Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) means the July 1, 2022, edition, as incorporated by reference in this article.

(c) Owners and operators of a UST as described in 40 CFR 280.10 * shall comply with the technical standards and corrective action requirements for USTs at 40 CFR 280 *, with the following exceptions:

(1) Definitions of "owner" and "operator" in 40 CFR 280.12.

(2) 40 CFR 280.22.

(3) 40 CFR 280.71 through 40 CFR 280.74.

(4) 40 CFR 280.101.

(5) 40 CFR 280, Subpart I.

(d) When used in 40 CFR 280 * as incorporated by this rule, substitute the following:

(1) A reference to "state" means Indiana.

(2) A reference to "implementing agency" means the Indiana department of environmental management.

(3) A reference to "person" means the definition found at IC 13-11-2-158(e).

(4) A reference to 40 CFR 280.22 means 329 IAC 9-2-2.

(5) A reference to 40 CFR 280.71 means 329 IAC 9-6-2.1.

(6) A reference to 40 CFR 280.72 means 329 IAC 9-6-2.5.

(7) A reference to 40 CFR 280.73 means 329 IAC 9-6-3.

(8) A reference to 40 CFR 280.74 means 329 IAC 9-6-4.

(9) A reference to 40 CFR 280.101 means 329 IAC 9-8-11.

(10) A reference to an October 13, 2015, compliance date means June 28, 2018.

(11) A reference to an April 11, 2016, compliance date means September 2, 2009.

(12) A reference to an October 13, 2018, compliance date means June 28, 2021, except in 40 CFR 280, Subpart J.

(13) A reference to an October 13, 2021, compliance date means June 28, 2024.

(14) A reference to an October 13, 2022, compliance date means June 28, 2025.

(e) In addition to the definitions in IC 13-11-2 and 40 CFR 280.12 *, the definitions in this rule apply throughout this article.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.

Notes

329 IAC 9-1-1

Solid Waste Management Board; 329 IAC 9-1-1; filed Dec 1, 1992, 5:00 p.m.: 16 IR 1062; filed Jul 19, 1999, 12:00 p.m.: 22 IR 3683; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Aug 30, 2004, 9:35 a.m.: 28 IR 145; filed Aug 3, 2009, 1:48 p.m.: 20090902-IR-329080055FRA Filed 5/29/2018, 3:35 p.m.: 20180627-IR-329160204FRA Filed 3/18/2019, 2:41 p.m. : 20190417-IR-329180281FRA Filed 9/12/2023, 4:27 p.m.: 20231011-IR-329200025FRA Readopted filed 10/16/2024, 11:58 a.m.: 20241113-IR-329230812RFA