Section 327IAC2-10-3. Exclusions

   (a) The requirements of this rule do not apply to:

(1) An aboveground storage tank, storage areas, or transfer areas for agricultural chemicals regulated by the office of the Indiana state chemist under 355 IAC 2 and 355 IAC 5.

(2) An aboveground storage tank, storage areas, or transfer areas regulated by the Indiana fire prevention and building safety commission pursuant to 675 IAC 22.

(3) An aboveground storage tank or storage areas containing liquids which are solids or gases above sixty (60) degrees Fahrenheit and at atmospheric pressure.

(4) An aboveground storage system or petroleum facility and other structures, equipment, and appurtenances thereto, used or capable of being used to store or transfer oil as defined in and regulated by 40 CFR 112* or petroleum as defined in IC 13-11-2-160.

(5) Underground storage tanks as defined in IC 13-11-2-241.

(6) Hazardous materials that are stored or transferred as products packaged for distribution to, and used by, the public.

(7) Aboveground storage tanks, storage areas, and transfer areas containing hazardous waste regulated under 329 IAC 3.1 and 42 U.S.C. 6991 through 6991(i)*, as amended.

(8) Machinery and equipment containing integral operating fluids, provided that these fluids are necessary for the proper operation of the equipment.

(9) Process tanks.

(10) Piping, with the exception of any segment of piping extending from an aboveground storage tank to the point of the first fitting.

(11) Aboveground storage tanks used to store materials other than oils or petroleum products that:

(A) have a capacity of not more than six hundred sixty (660) gallons and are not in a delineated wellhead protection area as approved by the department under 327 IAC 8-4.1; or

(B) are less than two hundred seventy-five (275) gallons if at a facility that has been notified in writing by a water utility that it is located in a delineated public water supply wellhead protection area as approved by the department under 327 IAC 8-4.1.

(12) Storage area in which the drums and portable containers are considered empty of liquid hazardous materials if the standards set forth in 40 CFR 261.7* are met.

  (b) Aboveground storage tanks, storage areas, and transfer areas constructed on or before the effective date of this rule are not subject to the requirements of sections 5 through 7 of this rule, except as provided in section 2 of this rule.

  *The Code of Federal Regulations and the United States Code (U.S.C.) citations are incorporated by reference into this rule and are available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402 or from the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. (Water Pollution Control Division; 327 IAC 2-10-3; filed May 28, 1999, 11:42 a.m.: 22 IR 3099; errata filed Jun 8, 1999, 9:23 a.m.: 22 IR 3108; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1936; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)