Section 329IAC9-6-2.5. Closure procedure

  5. (a) The procedure for closure is as follows:

(1) At least thirty (30) days before beginning closure, the owner and operator shall notify, using the notification form required by 329 IAC 9-2-2(a), the agency and the office of the state fire marshal of the intent to close as specified by one (1) of the methods in section 1 of this rule unless such action is a part of the response to corrective action.

(2) Closure sampling and laboratory analysis with the associated detection limits for the UST system closure are required as follows:

(A) Quantity and location of soil samples for each closure method are as follows:

(i) In-place closure soil samples must be taken as described in subsection (b).

(ii) Removal closure soil samples must be taken as described in subsection (c).

(iii) Change-in-service soil samples must be taken as described in subsection (d).

(B) Quantity and location of ground water samples for each closure method are as follows:

(i) In-place closure ground water samples must be taken as described in subsection (e).

(ii) Removal closure ground water samples must be taken as described in subsection (f).

(iii) Change-in-service ground water samples must be taken as described in subsection (g).

(C) Laboratory analyses and detection limits for soil samples and ground water samples for all closure methods are as required for the chemical of concern.

(3) If, at any time during the closure process for any method of closure, a release is either suspected or detected in the backfill, native soil, or ground water, the owner or operator shall contact the agency to report within twenty-four (24) hours after the release is suspected or detected.

(4) A confirmed release based on the soil and ground water samples taken at the UST removal requires the owner or operator to contact the agency to report within twenty-four (24) hours after the release is confirmed if a leaking underground storage tank (LUST) incident number was not obtained under subdivision (3).

(5) A closure report must be completed and submitted to the agency within thirty (30) days after the UST removal. The closure report must include the following:

(A) The notification form provided by the agency under 329 IAC 9-2-2.

(B) The underground storage tank closure report. The closure report must include the following information:

(i) For the responsible party, the following information:

(AA) The UST system facility owner or operator name, agency's owner identification number, address, and phone number.

(BB) The name of the UST system facility contact person, owner or operator affiliation, and phone number.

(CC) Owners or operators during the last twenty-five (25) years.

(ii) For the UST contractor, the following information:

(AA) UST closure contractor, company name, and address.

(BB) The name of the person on-site during closure that is certified by the office of the state fire marshal to perform UST closure and that person's certification number.

(iii) For the UST site information regarding the following:

(AA) Facility name, agency's facility identification number, address, and phone number.

(BB) Type of facility, past and current operation.

(CC) Coverage, stating if coverage is turf, concrete, asphalt, or other.

(DD) History of any spill reports listed by incident number.

(EE) Site proximity to both human and environmentally sensitive areas, such as residences, schools, wells, well fields, or wellhead protection areas delineated under rules of the water pollution control board at 327 IAC 8-4.1.

(FF) Backfill and site natural soil texture.

(iv) A site-specific map or maps with illustrated legends and compass directions and at appropriate scale to show site details described as follows:

(AA) Drainage features, surface slope, or surface water run-off direction.

(BB) Identified aboveground features, such as buildings, roadways, manways, pump islands, and utility and property lines.

(CC) Identified subsurface features, such as tanks and excavation pit, piping, and utility conduits.

(DD) Locations where samples were taken, soil borings made, and monitoring wells drilled.

(EE) Location of active and previously closed tanks, as applicable.

(FF) Site surroundings, such as adjacent buildings, businesses, or human and environmentally sensitive areas, such as residences, schools, wells, well fields, or wellhead protection areas delineated under rules of the water pollution control board at 327 IAC 8-4.1.

(v) Information for the underground storage tank being closed as follows:

(AA) The number and volume of tanks.

(BB) Past and present contents of the tank.

(CC) Construction material of tank.

(DD) Construction and material of piping.

(EE) Age and installation date of tank.

(FF) Leak detection methods used.

(GG) Records of the most current tank tightness test results.

(HH) Records of any other current leak detection method results including the inventory records, ground water, or vapor monitoring results.

(II) Information on any previously closed UST system, such as the date closed and the number, size, and product stored.

(vi) Physical and chemical results of the samples taken under subdivision (2) as follows:

(AA) Data from analysis of soil samples presented in a tabular format.

(BB) Data from analysis of water samples presented in a tabular format.

(CC) A signed laboratory certificate of analysis listing analysis method, preparation method, date of sample receipt, and date of analysis.

(DD) Proper sample identification numbers for cross-reference to UST site maps.

(EE) Chain of custody documentation.

(FF) Description of the sampling procedures, sampling equipment, and decontamination procedures.

(GG) Data from analyses of used oil sampling, as applicable.

(vii) Miscellaneous closure documentation, including manifests or receipts, or both, as follows:

(AA) Contaminated soil and contaminated water disposal documentation.

(BB) Remaining product and sludge disposal documentation.

(CC) Tank and piping disposal documentation.

(6) If one (1) or more additional tanks are discovered during a closure, the owner and operator shall:

(A) close each additional tank under this rule; and

(B) supply all known information on each additional tank in the closure report.

(7) The commissioner shall require additional information if the closure report is deemed incomplete or incorrect. The commissioner shall provide in writing the reasons for requiring additional information and a list of the additional information required to be submitted. The owner and operator shall have forty-five (45) days to submit the additional information to the agency, after receipt of written notification from the commissioner that additional information is required.

(8) The closure will not be considered complete until all closure report requirements are met.

(9) If the underground storage tank contains hazardous substances, the owner and operator shall perform sampling and analyses as required for the chemical of concern.

(10) The owner and operator shall demonstrate compliance with this section by providing a certification of compliance on the notification form under 329 IAC 9-2-2. The certification must demonstrate that the person that performs the work has been certified by the office of the state fire marshal under rules of the fire prevention and building safety commission at 675 IAC 12-12.

  (b) Soil sampling for in-place closure must be achieved as follows:

(1) The owner and operator shall submit a site plan with proposed boring locations to the agency with the notification form under 329 IAC 9-2-2 and to the office of the state fire marshal for approval to request in-place closure. The accompanying map must be to scale and include the entire site. Submission of an additional map of solely the underground storage area is recommended for large sites. The boring locations should be as follows:

(A) One (1) boring every twenty (20) feet around the tank area, with a minimum of four (4) borings.

(B) Each boring must be within three (3) feet adjacent to the underground storage tank.

(2) The commissioner may grant conditional approval to proceed with in-place closure of the UST system based on the following:

(A) The location of the borings as required under subdivision (1).

(B) Approval from the office of the state fire marshal.

(3) After approval is received under subdivision (2), the owner and operator may proceed with soil borings that must meet the following requirements:

(A) Soil sampling must be performed continuously using a sampling device relevant to the drilling technology used.

(B) Borings must extend two (2) feet or greater below the elevation of the base of the underground storage tank.

(C) If the boring depth is fifteen (15) feet or less, a minimum of two (2) soil samples are required at the following locations:

(i) The point where a contaminant is detected.

(ii) One (1) soil sample must be taken at the:

(AA) midpoint; and

(BB) bottom;

of the boring.

(D) If the boring depth is greater than fifteen (15) feet, a minimum of three (3) soil samples are required. The most shallow soil sample must be taken one (1) foot or greater below grade. Samples must be taken where the release is suspected or detected.

(4) Piping and dispenser sampling and analysis must be completed under subsection (c)(3) or (c)(4).

(5) The waiver of closure sampling requirements under subsection (h) will not be granted for in-place closure.

  (c) Soil sampling for removal closure must be achieved as follows:

(1) Soil removal is allowed as follows:

(A) The backfill may be removed from the following to provide access to native soil for sampling:

(i) Tank cavity excavation.

(ii) Piping trenches.

(iii) Dispensing unit areas.

(iv) Remote fill pipe trenches.

(B) Closure soil samples must be taken from the following:

(i) Excavated backfill under subdivision (2)(B).

(ii) Undisturbed native soil under subdivision (2)(A).

(2) Each underground storage tank excavation must be sampled separately. Composite samples are not acceptable for closure. The samples must meet the following requirements:

(A) All samples must be discrete grab samples taken directly from the undisturbed native soil from the base and sidewalls of the excavation. The following requirements apply to samples:

(i) Bottom samples must meet the following requirements:

(AA) Soil sampling must consist of a minimum of two (2) soil samples taken within two (2) feet below both ends of each underground storage tank.

(BB) If the underground storage tank capacity is greater than ten thousand (10,000) gallons, one (1) additional sample must be taken within two (2) feet below the middle of the underground storage tank.

(ii) Sidewall samples must meet the following requirements:

(AA) The sidewalls must be sampled and analyzed at a rate of one (1) sample every twenty (20) feet of perimeter distance around the excavation zone.

(BB) If the perimeter dimension measures less than eighty (80) feet, a minimum of one (1) sample for each sidewall must be taken.

(CC) Sidewall samples must be taken at a point half the distance from the surface to the bottom of the underground storage tank excavation.

(B) Excavated materials must be staged in a separate area. Samples must be discrete grab samples taken directly from the excavated materials. Sampling of the excavated soil must occur for every fifty (50) cubic yards of material.

(3) Native soil under piping and dispenser islands, which routinely contains regulated substances, must be sampled. All samples must be discrete grab samples. The following requirements apply to the number and location of sampling for piping and dispensers:

(A) Soil sampling under piping must be completed as follows:

(i) Soil under piping must be sampled every twenty (20) feet, or fraction thereof, along the piping run. If the piping run is less than twenty (20) feet in length, one (1) soil sample must be taken half the distance between the underground storage tank excavation and the pump or dispenser island.

(ii) Piping must have soil sampled under piping elbows and connectors.

(B) Soils under the dispenser islands must be sampled and analyzed at a rate of one (1) soil sample per dispenser.

(C) If the UST system has a remote fill line, the following soil samples must be collected:

(i) Soils under the remote fill line must be sampled and analyzed at the origin or fill area and every twenty (20) feet, or fraction thereof, from the fill area to the underground storage tank connection.

(ii) If the remote fill line is less than twenty (20) feet, one (1) soil sample must be taken half the distance between the fill area and the underground storage tank.

(D) Composite samples are not acceptable for closure.

(4) Soil sampling under the piping and product dispenser islands are not required if the following requirements are complied with:

(A) All:

(i) piping that routinely contains product; and

(ii) dispensers;

are located directly above the UST system that is being closed.

(B) The requirements of clause (A) are documented in the closure report.

(5) During removal closure, native soil and backfill that is to be returned to the underground storage tank excavation must be sampled. The sampling must meet the following requirements:

(A) The exposure criteria in accordance with IC 13-12-3-2.

(B) One (1) discrete grab sample must be taken for every fifty (50) cubic yards of native soil or backfill.

  (d) Soil sampling for change-in-service must be achieved as follows:

(1) The boring locations are as follows:

(A) One (1) soil boring every twenty (20) feet around the tank area, with a minimum of four (4) borings.

(B) Each soil boring must be within three (3) feet adjacent to the underground storage tank.

(C) Soil sampling must be performed continuously using a sampling device relevant to the drilling technology used.

(D) Each soil boring must extend two (2) feet or greater below the elevation of the base of the underground storage tank.

(E) If the soil boring depth is fifteen (15) feet or less, a minimum of two (2) soil samples are required at the following locations:

(i) The point where a contaminant is detected.

(ii) One (1) soil sample must be taken at the:

(AA) midpoint; and

(BB) bottom;

of the soil boring.

(F) If the soil boring depth is greater than fifteen (15) feet, a minimum of three (3) soil samples are required. The most shallow soil sample must be taken one (1) foot or greater below grade. Samples must be collected where the release is suspected or detected.

(2) Piping and dispenser sampling and analysis must be completed under subsection (c)(3) or (c)(4).

(3) The waiver of closure sampling requirements under subsection (h) will not be granted for change in service.

  (e) Water samples for an in-place closure must be collected in the following quantities and locations:

(1) One (1) boring must be placed in each of the four (4) principal directions within ten (10) feet of the area most likely to have contaminated ground water.

(2) Each boring must extend to the first saturated ground water zone or to a total depth of thirty (30) feet below grade at the area of suspected or confirmed release. A water sample must be collected from each boring if ground water is present within a depth of thirty (30) feet or less.

(3) If ground water is not encountered within a depth of thirty (30) feet, an additional soil sample must be obtained at the base of the boring or a minimum depth of thirty (30) feet.

(4) A ground water sample must be collected within any area where a suspected contaminant release has occurred, or where a chemical of concern release has been substantiated through one (1) of the following:

(A) Visual staining of the soil or water.

(B) Field screening with the following:

(i) Flame ionization detector or FID.

(ii) Photo ionization detector or PID.

(iii) Field gas chromatograph or GC.

(C) Petroleum odors.

(D) Laboratory analytical results.

(5) If bedrock is encountered in a boring before a depth of thirty (30) feet is reached, and a saturated ground water zone is not encountered in the boring, an owner or operator may contact the agency for approval of alternative sampling or waiver of ground water sampling requirements. The agency may approve a waiver of ground water sampling within the bedrock if the owner or operator can demonstrate the following:

(A) A soil zone at least ten (10) feet thick existing immediately above the bedrock does not have a contaminant.

(B) A soil sample collected immediately above the bedrock does not have a contaminant.

  (f) Water samples for a removal closure must be collected in the following quantities and locations:

(1) If any water is encountered in any excavation, a minimum of one (1) water sample must be appropriately collected from the water encountered.

(2) A ground water sample must be collected within any area where a suspected contaminant release has occurred, or where a chemical of concern release has been substantiated through one (1) of the following:

(A) Visual staining of the soil or water.

(B) Field screening with the following:

(i) Flame ionization detector or FID.

(ii) Photo ionization detector or PID.

(iii) Field gas chromatograph or GC.

(C) Petroleum odors.

(D) Laboratory analytical results.

(3) The sample collected in subdivision (2) must be collected from a continuously sampled boring that extends to the first saturated ground water zone or to a total depth of thirty (30) feet below grade at the area of suspected or confirmed release.

(4) If ground water is not encountered within a depth of thirty (30) feet, a soil sample must be obtained at the base of the boring.

(5) If bedrock is encountered in a boring before a depth of thirty (30) feet is reached, and a saturated ground water zone is not encountered in the boring, an owner or operator may contact the agency for approval of alternative sampling or waiver of ground water sampling requirements. The agency may approve a waiver of ground water sampling within the bedrock if the owner or operator can demonstrate the following:

(A) A soil zone at least ten (10) feet thick existing immediately above the bedrock does not have a contaminant.

(B) A soil sample collected immediately above the bedrock does not have a contaminant.

  (g) Water samples for a change-in-service must be collected in the following quantities and locations:

(1) One (1) boring must be placed in each of the four (4) principal directions within ten (10) feet of the area most likely to have contaminated ground water.

(2) Each boring must extend to the first saturated ground water zone or to a total depth of thirty (30) feet below grade at the area of suspected or confirmed release. A water sample must be collected from each boring if ground water is present within a depth of thirty (30) feet depth or less.

(3) If ground water is not encountered within a depth of thirty (30) feet, an additional soil sample must be obtained at the base of the boring or a minimum depth of thirty (30) feet.

(4) A ground water sample must be collected within any area where a suspected contaminant release has occurred, or where a chemical of concern release has been substantiated through one (1) of the following:

(A) Visual staining of the soil or water.

(B) Field screening with the following:

(i) Flame ionization detector or FID.

(ii) Photo ionization detector or PID.

(iii) Field gas chromatograph or GC.

(C) Petroleum odors.

(D) Laboratory analytical results.

(5) If bedrock is encountered in a boring before a depth of thirty (30) feet is reached, and a saturated ground water zone is not encountered in the boring, an owner or operator may contact the agency for approval of alternative sampling or waiver of ground water sampling requirements. The agency may approve a waiver of ground water sampling within the bedrock if the owner or operator can demonstrate the following:

(A) A soil zone at least ten (10) feet thick existing immediately above the bedrock does not have a contaminant.

(B) A soil sample collected immediately above the bedrock does not have a contaminant.

  (h) Closure sampling waiver requirements must be completed as follows:

(1) The commissioner may waive closure sampling based on the following:

(A) The LUST incident number is assigned and the following requirements are completed:

(i) Closure is conducted due to a confirmed release at the site.

(ii) The confirmed release occurred before the request for closure.

(B) The initial site characterization meets the requirements of 329 IAC 9-5-5.1.

(C) The corrective action plan meets the requirements of 329 IAC 9-5-7.

(2) Sites that have previous releases and are not under remediation at the time of closure are not eligible for the closure sampling waiver.

(Solid Waste Management Division; 329 IAC 9-6-2.5; filed Aug 30, 2004, 9:35 a.m.: 28 IR 168)