Sec. 3.
(a) The
requirements of this rule do not apply to the following:
(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)
*.
(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 areas 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.
*These documents are incorporated by reference. Copies of
these documents may be obtained from the Government Publishing Office,
www.gpo.gov, or are available for review at
the Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
