Aboveground Storage Tank Regulations
AST Reporting Requirements
During the 2015 legislative session, Indiana adopted Senate Enrolled Act 312, an addition to the Water Pollution Control article of the state code (IC 13-18), as a preventative measure to possible Aboveground Storage Tank (AST) leaks or spills. Effective July 1, 2015, IC 13-18-5.5 was added to Indiana Code requiring the reporting of ASTs not already addressed under an existing state program, to better gauge and minimize Indiana drinking water threats around the state.
The law requires the owner or operator of an AST that is designed to contain more than 660 gallons of hazardous material(s) and is located in a Critical Zone of Concern to report certain information about the AST to the Indiana Department of Environmental Management (IDEM) before January 1, 2016. A Critical Zone of Concern is an area in which a hazardous material could (A) travel to a water intake of a public water system that uses surface water as a source of drinking water; and (B) cause a disruption. Owners and operators of ASTs should use the Aboveground Storage Tank Locator (Instructions [PDF]) to determine if their tanks are located in a Critical Zone of Concern.
The law establishes certain exceptions from reporting. Briefly summarized, all ASTs that are presently addressed in accordance with a state law or administrative rule under an existing state program are not required to report. Those AST owners and operators not exempted must report to IDEM utilizing State Form 55906 – Reporting of Aboveground Storage Tanks (available on the IDEM Forms page).
If required to submit State Form 55906, the owner or operator of an above ground storage tank is also required submit to IDEM a supplemental report, an updated State Form 55906, concerning the AST whenever:
- the location of the AST;
- the classification of the materials stored in the AST;
- the capacity of the AST; or
- the name or contact information of the person who may be contacted for information about the AST; is changed, so that the information in the possession of IDEM concerning the AST will remain accurate.
Additionally, the law requires a person who is responsible for operation of a public water system that uses surface water as a source of drinking water to develop a surface water quality threat minimization and response plan for the public water system, and to submit the report to IDEM.
The environmental rules board has adopted an emergency rule [PDF] under Title 327 concerning the reporting requirements. Senate Bill 312 can be viewed in its entirety on the Indiana General Assembly website.
The legislation required IDEM to provide a report covering the federal and state laws and/or regulations for managing ASTs in Indiana. The report was also to include a brief analysis of the adequacy and/or inadequacies of the existing federal and state reporting requirements, along with copies of the reporting forms. IDEM’s Report of Aboveground Storage Tank Rules and Regulations Pursuant to SEA 312 [PDF] was submitted to the legislature before November 1, 2015, as required.
Secondary Containment Rule
IDEM established secondary containment requirements under the Secondary Containment Rule, 327 IAC 2-10, in effect since June 27, 1999. This rule requires secondary containment and a spill response plan for liquid hazardous materials in ASTs, storage areas and transfer areas. New facilities must provide secondary containment unless there is: less than 660 gallons at a facility that is not in a delineated wellhead protection area as approved by IDEM under 327 IAC 8-4.1; or less than 275 gallons at a facility that has been notified in writing by a water utility that it is in a delineated wellhead protection area as approved under 327 IAC 8-4.1.
This rule applies to AST systems that were constructed after the effective date of the rule (June 27, 1999). An AST system, storage area, or transfer area constructed before this date must be brought into compliance with this rule when it is moved or relocated.
Indiana companies that store chemicals in ASTs have been asked to verify they are compliant with 327 IAC 2-10. Chemicals of concern would be materials reported in the SARA Chemical Inventory Report (Tier II) or chemicals on the U.S. EPA Hazardous Substances list (40 CFR 302.4) and chemicals on the U.S. EPA Extremely Hazardous Substances list (40 CFR 355).
- AST Secondary Containment for Liquid Hazardous Materials in ASTs or Storage Areas, and Transfer Areas Guidance Document [PDF]
- 327 IAC 2-10-3 provides a list of exclusions to the Aboveground Storage Tank regulation.
If there is a release or suspected release from AST systems containing flammable or combustible liquids or heating oil (if greater than 1,000 gallon capacity), it must be reported to the IDEM Emergency Response Section at (317) 233-7745 or (888) 233-7745 (toll free nationwide). The emergency response guidance sheet [PDF] provides a listing of what information must be included in the spill report regarding 327 IAC 2-6.1-7 (4). For additional information, contact the IDEM Emergency Response Section.