Section 329IAC9-4.5-10. Special circumstances

   (a) The commissioner may defer a delivery prohibition order to an ineligible UST that holds motor fuel if the prohibition would jeopardize the availability of, or access to, motor fuel in any rural and remote area unless an urgent threat to public health, as determined by the commissioner, exists.

  (b) The commissioner may only defer a delivery prohibition order for up to one hundred eighty (180) days after determining the UST is ineligible.

  (c) A UST is in a rural and remote area if there are no other USTs that contain similar motor fuel for sale within thirty (30) miles by road from the ineligible UST. A motor fuel is similar to another motor fuel if it can run the same motor.

  (d) The commissioner may allow delivery of a regulated substance to a UST under delivery prohibition if:

(1) a certain volume in the UST is necessary to test or calibrate the system and the delivery is only of the amount necessary to conduct the test or calibration; or

(2) the UST is used to fuel an emergency generator that:

(A) provides a power supply in the event of a commercial power failure;

(B) stores petroleum; and

(C) is used solely in connection with:

(i) an emergency system;

(ii) a legally required standby system; or

(iii) an optional standby system.

  (e) If the commissioner determines a UST is subject to the special circumstances described in this section, a written decision shall be provided to the owner or operator following receipt of a request for the finding and evidence sufficient to allow the commissioner to make this determination. (Solid Waste Management Division; 329 IAC 9-4.5-10; filed Nov 25, 2014, 3:43 p.m.: 20141224-IR-329130272FRA)