By Catherine Nies The Indiana Department of Environmental Management (IDEM) is in the process of amending two rules that protect the state’s water quality.  Specifically, they are looking to revise their rules for secondary containment (LSA #21-128) and spill reporting (LSA #21-129). IDEM is currently considering public comments on amendments to rules at 327 IAC 2-10 concerning secondary containment for aboveground storage tanks storing hazardous materials, and to rules at 327 IAC 2-6.1 concerning spill reporting. “IDEM has not made any changes yet,” said Bob Cappiello, Cornerstone’s Water Programs Manager. “They are requesting comments on the entire existing regulation so they can update these regulations to be more current with the way that things are done now.  This is unusual.  Usually, IDEM proposes the changes itself and then opens a public comment period.” Comments regarding the submission of alternative ways to achieve the purpose of the rules, as well as suggestions for the development of draft rule language, were due by May 7, 2021. After the agency develops revised rule language based on the initial comments, they will likely open another comment period.

What is secondary containment?

Secondary containment is defined as “a structure or a part of a structure that prevents or impedes a hazardous material that is released accidentally from entering surface water or groundwater.”  The current rule requires secondary containment and a spill response plan for liquid hazardous materials in the storage and transfer areas for aboveground storage tanks (AST). The rule applies to storage tank systems constructed after June 27, 1999, and to systems constructed earlier if they are moved or replaced. Examples of secondary containment include dikes, berms, retaining walls, trenches, tanks with an outer shell, or a diversionary system that directs the discharges to treatment or temporary holding areas. IDEM proposes to make revisions that will update and improve the rule. A 2015 IDEM report indicated that changes might be necessary particularly since ASTs constructed before 1999 are not required to have secondary containment, but these older tanks are most likely to have leaks or spills.

What is the spill reporting rule?

The spill reporting requirements apply to the reporting, containment of, and response to spills of hazardous substances, extremely hazardous substances, petroleum, and objectionable substances that are of a quantity, type, duration, and in a location as to damage the waters of the state. In the event of a spill, the owner or operator of the source is required to contain the spill if possible, initiate a spill response, report the spill to IDEM by telephone within two hours or as soon as possible, submit a written report if requested, and notify downstream water users and affected property owners. Again, IDEM proposes to make improvements to update and improve the spill reporting rules.  They have not been updated since 1997 and do not incorporate advances in technology and processes currently available. The Above Ground Storage Tank Advisory Group recommended updating the spill reporting rules to improve public water supply protection and information sharing in the event of a spill.

How might facilities be impacted?

If the rules for secondary containment are changed, there may be a cost to facilities if they need to upgrade their secondary containment or if new requirements are added for previously excluded tanks.  This could be partially offset by reduced response and cleanup costs if the changes help prevent the release of hazardous substances.  If the spill reporting rules change, businesses may need to update their Spill Prevention, Control and Countermeasure (SPCC) plans.

How can Cornerstone help?

Cornerstone’s water regulation experts will monitor the process of these modifications and advise our clients of comment opportunities and final adoption requirements.  Contact us to assist with keeping your facility compliance at info@corner-enviro.com or on our website: https://www.cornerstone-ehs.com/contact-us/ Catherine Nies is a Chemical Data Management Specialist.  Her responsibility focus on the output end of our Foundation system verifying the information and deciding what reports to produce, including Tier II, permit summaries, EPCRA reports, and any other high priority needs of our clients. A second responsibility for Catherine is tracking EPA, OSHA, CDC, state and local regulatory updates.