Section 329IAC9-1-1. Applicability

   (a) This article applies to all owners and operators of an UST system as defined in section 49 of this rule, except as otherwise provided in subsections (b) through (d). Any UST system listed in subsection (c) shall meet the requirements of section 1.1 of this rule. Nothing in this article shall be construed to conflict with, circumvent, rescind, or repeal any authority, power, or duty possessed by the office of the state fire marshal under Indiana law.

  (b) The following UST systems are excluded from the requirements of this article:

(1) Any UST system holding:

(A) hazardous wastes regulated under Subtitle C (42 U.S.C. 6921 through 42 U.S.C. 6939b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., in effect on September 30, 1996; or

(B) a mixture of such hazardous waste and other regulated substances.

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 (33 U.S.C. 1342) or 307(b) (33 U.S.C. 1317(b)) of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., in effect on October 31, 1994.

(3) Equipment or machinery that contains regulated substances for operational purposes and that may include any of the following:

(A) Hydraulic lift tanks.

(B) Electrical equipment tanks.

(4) Any UST system whose capacity is one hundred ten (110) gallons or less, except an owner and operator with two (2) or more UST systems on-site whose individual capacities are one hundred ten (110) gallons or less are not excluded if the total capacity of all tanks on-site containing the same product exceeds one hundred ten (110) gallons.

(5) Any UST system that contains a de minimis concentration of regulated substances.

(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

  (c) 329 IAC 9-2 through 329 IAC 9-4, 329 IAC 9-6, and 329 IAC 9-7 do not apply to any of the following types of UST systems:

(1) Wastewater treatment tank systems.

(2) Any UST system containing radioactive material that is regulated under the Atomic Energy Act of 1954, 42 U.S.C. 2011, et seq., as amended, in effect on April 26, 1996.

(3) Any UST system that is part of an emergency generator system at a nuclear power generation facility regulated by the Nuclear Regulatory Commission under 10 CFR 50, Appendix A.

(4) Airport hydrant fuel distribution systems.

(5) UST systems with field-constructed tanks.

  (d) 329 IAC 9-7 does not apply to any UST system that stores fuel solely for use by emergency power generators, except for those installed or replaced after the effective date of the 2009 amendments.

  (e) Unless specified in the documents incorporated by reference in this article, the version of documents referenced in the incorporated by reference documents is the latest version that is in effect on the date of final adoption of the incorporated by reference documents into a section of this article.

  (f) Owners or operators:

(1) performing a task or measure before the effective date of the 2004 amendments to this article; or

(2) taking an action, such as submitting reports, plans, or notifications received by the agency on a date before the effective date of the 2004 amendments to this article;

will be governed by this article before it was amended in 2004.

  (g) Owners or operators completing any requirement of this article, including:

(1) performing a task or measure on or after the effective date of the 2004 amendments to this article; or

(2) taking an action, such as submitting reports, plans, or notifications received by the agency on a date on or after the effective date of the 2004 amendments to this article;

will be governed by this article as amended in 2004. (Solid Waste Management Division; 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)