Section 312IAC16-5-25. Remediation of soils contaminated with oil

   (a) The owner or operator may clean up soils contaminated with oil using remediation at the facility only as required by this section.

  (b) The owner or operator may use a remediation method for soils contaminated with crude oil that is documented with a standard or procedure published by one (1) of the following:

(1) A department or agency of the federal government.

(2) A state environmental or natural resources agency.

(3) American Society for Testing and Materials.

(4) National Fire Protection Association.

(5) American Petroleum Institute.

  (c) Remediation may be used at a facility only if all of the following conditions are met:

(1) Remediation is not prohibited by Table 2 in subsection (e).

(2) The slope of the remediation site is less than six percent (6%).

(3) The remediation site is not:

(A) subject to frequent, common, or occasional flooding as described in the soil survey prepared for the county by the natural resources conservation service;

(B) located in a flood plain or a floodway as defined at 310 IAC 6-1-3; or

(C) a wetland.

(4) The surface soil at the remediation site is not classified as a hydric soil in the soil survey prepared for the county by the Natural Resources Conservation Service. Soil surveys are available from the Natural Resources Conservation Service, P.O. Box 2890, Washington, D.C. 20013; from the State Conservationist, 6013 Lakeside Boulevard, Indianapolis, Indiana 46278, [phone] extension 301; or from the cooperative extension service office in the county.

(5) The entire remediation site is within the boundary of the facility.

(6) No part of the remediation site is within one hundred (100) feet of any surface water or field tile.

(7) No part of the remediation site is within one thousand five hundred (1,500) feet of any public water supply well.

(8) No part of the remediation site is within five hundred (500) feet of any domestic water well.

(9) No part of the remediation site is within a wellhead protection area that is delineated and approved in accordance with rules of the water pollution control board at 327 IAC 8-4.1.

  (d) Contaminated soil that is not permitted to be remediated by Table 2 in subsection (e) must be excavated and disposed of as required by section 27 of this rule.

  (e) The remediation method to be used must be determined by the soil characteristics that exist at the remediation site as described in Table 2 as follows:

Table 2. Requirements for Remediation Based on Permeability of Surface Soil and Depth of Ground Water at the Remediation Site
Permeability1 and Depth of Ground Water1	Remediation Requirements
More than 2.0 inches/hour permeability and	Remediation is not permitted.
Less than 6 feet depth to ground water
More than 2.0 inches/hour permeability and	Use a liner that meets the requirements of subsection (f).
More than 6 feet depth to ground water
Less than 2.0 inches/hour permeability and	Use a liner that meets the requirements of subsection (f).
Less than 6 feet depth to ground water
Less than 2.0 inches/hour permeability and	No restrictions.
More than 6 feet depth to ground water
1Permeability of surface soil and depth of ground water during the remediation as described in the soil survey prepared for the county by the Natural Resources Conservation Service or by on-site inspection and analysis by a qualified soil scientist or licensed professional geologist. Soil surveys are available from the Natural Resources Conservation Service, P.O. Box 2890, Washington, D.C. 20013; from the State Conservationist, 6013 Lakeside Boulevard, Indianapolis, Indiana 46278, [phone] extension 301; or from the cooperative extension service office in your county.

  (f) If a liner is required by Table 2 in subsection (e), remediation may be conducted on any site where one (1) of the following has been constructed:

(1) A synthetic liner that meets all of the following requirements:

(A) Constructed of a minimum of twenty (20) mil polyethylene or its equivalent.

(B) Hydraulic conductivity of 1 × 10^-6 centimeters per second or less.

(C) Installed in accordance with the manufacturer's directions.

(D) Equipped with a leachate collection system that collects all leachate from the remediation site for monitoring and proper disposal.

(E) Installed at least two (2) feet above the depth of ground water.

(2) A compacted soil liner that meets all of the following requirements:

(A) Constructed of soil compacted to a depth of two (2) feet.

(B) Hydraulic conductivity of 1 × 10^-6 centimeters per second or less.

(C) Installed at least two (2) feet above the depth of ground water.

  (g) The owner or operator shall:

(1) begin remediation as soon as practicable but not more than one hundred twenty (120) days after discovery of the spill;

(2) notify the division within seven (7) days after beginning remediation;

(3) follow the remediation method or procedure selected as closely as possible;

(4) monitor the remediation site as required by section 28 of this rule during remediation; and

(5) complete remediation as described in subsection (h) within:

(A) three hundred sixty-five (365) days after beginning remediation; or

(B) another time period approved by the division.

  (h) Remediation of soils contaminated with oil is complete when the concentration of polynuclear aromatic hydrocarbons in the soil is reduced to the values shown in Table 3:

Table 3. Criteria for Completion of Remediation of Soils Contaminated with Oil
Contaminant	Maximum Concentration1
Acenaphthene	130 ppm
Anthracene	51 ppm
Benzo(a)anthracene2	5.0 ppm
Benzo(b)fluoranthene2	5.0 ppm
Benzo(k)fluoranthene2	39 ppm
Benzo(a)pyrene2	0.50 ppm
Chrysene2	26 ppm
Dibenz(a,h)anthracene2	0.5 ppm
Fluoranthene	880 ppm
Fluorene	170 ppm
Indeno(1,2,3-cd)pyrene2	3.0 ppm
Naphthalene	0.70 ppm
Pyrene	570 ppm
1The maximum concentration of polynuclear aromatic hydrocarbons in soil contaminated with oil is determined by testing a representative sample of that soil using U.S. EPA Method 8310, "Polynuclear Aromatic Hydrocarbons". Method 8310 is found in the U.S. Environmental Protection Agency Publication SW-846, Third Edition (November 1986), "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), and III (December 1996). U.S. Environmental Protection Agency Publication SW-846 is available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, [phone].
2This substance is a carcinogen identified in the RISC Technical Resources Guidance Document, Draft February 18, 1999.

  (i) If the contaminated soil does not meet the completion criteria in subsection (h) within:

(1) three hundred sixty-five (365) days after beginning remediation; or

(2) another time period approved by the division;

the owner or operator shall excavate all soil that does not meet the completion criteria in subsection (h) and dispose of that soil as required by section 27 of this rule. (Natural Resources Commission; 312 IAC 16-5-25; filed Sep 11, 2000, 3:31 p.m.: 24 IR 281; errata filed Dec 6, 2000, 10:12 a.m.: 24 IR 1032; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:57 p.m.: 20100421-IR-312100033RFA; readopted filed Sep 30, 2015, 12:13 p.m.: 20151028-IR-312150224RFA)