329 IAC 7.1 — ARTICLE 7.1. PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES

TITLE 329 OFFICE OF LAND QUALITY

ARTICLE 7.1. PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES

Rule 1

329 IAC 7.1-1-1 329 IAC 7.1-1-1 Applicability and scope

Rule 1. General Provisions; Definitions

329 IAC 7.1-1-1 Applicability and scope

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. (a) This article applies to hazardous substances response sites not on the National Priorities List (40 CFR 300, Appendix B), not in the leaking underground storage tank program, or not in any other departmental corrective action or remediation program, for which action by the commissioner may be required to:

(1) prevent the release of a listed or characteristic hazardous waste, a hazardous substance, petroleum, petroleum constituent, or contaminant;

(2) control, contain, isolate, neutralize, remove, store, or dispose of a listed or characteristic hazardous waste or a hazardous waste constituent, a hazardous substance or hazardous substance constituent, petroleum, petroleum constituent, or contaminant already released into or on the air, land, or waters of this state; or

(3) provide another appropriate response.

(b) Nothing in this article may be construed to limit the authority of the commissioner to:

(1) respond to the release or threatened release of a listed or characteristic hazardous waste or a hazardous waste constituent, a hazardous substance or hazardous substance constituent, petroleum or petroleum constituent, or contaminant; or

(2) take any other action provided for by statute or rule relating to the release or threatened release of a hazardous substance, petroleum, petroleum constituent, or contaminant.

(Office of Land Quality; 329 IAC 7.1-1-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; filed Apr 24, 2020, 4:48 p.m.: 20200506-IR-329190411FRA, eff Apr 24, 2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-1-2 329 IAC 7.1-1-2 Purpose

329 IAC 7.1-1-2 Purpose

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 2. This article sets forth criteria and procedures for establishing a priority ranking system (PRS) by the commissioner for hazardous substances response sites in order that those hazardous substances response sites believed to pose the most significant threat to human health or environment are scheduled first for response and for allocation of department resources.

(Office of Land Quality; 329 IAC 7.1-1-2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 2

329 IAC 7.1-2-1 329 IAC 7.1-2-1 Definitions

Rule 2. Definitions

329 IAC 7.1-2-1 Definitions

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-11-2; IC 13-25-4

Sec. 1. The definitions in IC 13-11-2 and this rule apply throughout this article.

(Office of Land Quality; 329 IAC 7.1-2-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-2 329 IAC 7.1-2-2 "Community water system" defined

329 IAC 7.1-2-2 "Community water system" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 2. "Community water system" has the meaning set forth in 327 IAC 8-2-1(8).

(Office of Land Quality; 329 IAC 7.1-2-2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR- 329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-3 329 IAC 7.1-2-3 "Ecologically sensitive area" defined

329 IAC 7.1-2-3 "Ecologically sensitive area" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 3. "Ecologically sensitive area" means an area with special habitats where the effects of contamination on nonhuman receptors must be considered. The term includes the following:

(1) National and state parks, forests, and wildlife refuges.

(2) Designated state nature preserves and other state protected areas.

(3) Critical habitats for endangered or threatened species, or species of special concern.

(4) Prairie areas.

(5) Dune areas.

(6) Surface waters of the state, including wetlands and free flowing underground streams.

(7) Riparian areas.

(8) Breeding areas for:

(A) nesting birds;

(B) aquatic birds;

(C) aquatic mammals;

(D) amphibians; or

(E) reptiles.

(9) Migratory areas for:

(A) shorebirds;

(B) aquatic birds;

(C) raptors; or

(D) passerines.

(10) Wintering areas for migratory waterfowl or other aquatic birds.

(11) Hatcheries.

(12) Reservoir areas.

(13) Recreation areas.

(14) Designated critical biological resource areas.

(Office of Land Quality; 329 IAC 7.1-2-3 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-4 329 IAC 7.1-2-4 "Free product" defined

329 IAC 7.1-2-4 "Free product" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 4. "Free product" means a substance that is present as a nonaqueous phase liquid or a material at a hazardous substances response site that is in excess of the material's solubility limit.

(Office of Land Quality; 329 IAC 7.1-2-4 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR- 329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-5 329 IAC 7.1-2-5 "Geologically sensitive area" defined

329 IAC 7.1-2-5 "Geologically sensitive area" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1

Affected: IC 13-12-3-2; IC 13-25-4

Sec. 5. "Geologically sensitive area" is characterized by conditions that allow contaminants to migrate away from the source area in such a manner that invalidates the assumptions of the soil-to-ground water partitioning model used to calculate the risk based remediation standards under IC 13-12-3-2. The term includes a karst area or a wellhead protection area.

(Office of Land Quality; 329 IAC 7.1-2-5 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; filed Jan 30, 2013, 12:29 p.m.: 20130227-IR-329120379FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-6 329 IAC 7.1-2-6 "Hazardous substances response site" defined

329 IAC 7.1-2-6 "Hazardous substances response site" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 6. "Hazardous substances response site" or "site" means the location of a release or threat of release of a listed or characteristic hazardous waste or a hazardous waste constituent, a hazardous substance or hazardous substance constituent, petroleum or petroleum constituent, or contaminants.

(Office of Land Quality; 329 IAC 7.1-2-6 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-7 329 IAC 7.1-2-7 "Maximum contamination level" or "MCL" defined

329 IAC 7.1-2-7 "Maximum contamination level" or "MCL" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 7. "Maximum contamination level" or "MCL" means the levels developed under Section 1412 of the Safe Drinking Water Act, codified under 40 CFR 141.

(Office of Land Quality; 329 IAC 7.1-2-7 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-8 329 IAC 7.1-2-8 "Notification of release" defined

329 IAC 7.1-2-8 "Notification of release" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 8. "Notification of release" means any of the following received by the department:

(1) An initial incident report or spill report as required by 327 IAC 2-6.1.

(2) An initial site characterization (ISC).

(3) Further site investigation (FSI).

(Office of Land Quality; 329 IAC 7.1-2-8 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-9 329 IAC 7.1-2-9 "No further action letter" defined

329 IAC 7.1-2-9 "No further action letter" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-12-3-2; IC 13-25-4

Sec. 9. "No further action letter" means a letter stating one (1) of the following:

(1) IDEM determines the site:

(A) meets the risk based remediation standards under IC 13-12-3-2 based on all the information available to the department; or

(B) does not meet the risk based remediation standards under IC 13-12-3-2 and an environmental restrictive covenant is placed on the site and recorded with the appropriate county office of the recorder;

and no further action is warranted or necessary.

(2) Remediation has been completed so that no further action is warranted or currently necessary at the site.

(Office of Land Quality; 329 IAC 7.1-2-9 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; filed Jan 30, 2013, 12:29 p.m.: 20130227-IR-329120379FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-10 329 IAC 7.1-2-10 "Off-site" defined

329 IAC 7.1-2-10 "Off-site" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 10. "Off-site" means all areas outside of the property boundary or the boundary of properties where a release of a listed or characteristic hazardous waste or a hazardous waste constituent, a hazardous substance or hazardous substance constituent, petroleum or petroleum constituent, or contaminants has occurred.

(Office of Land Quality; 329 IAC 7.1-2-10 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-11 329 IAC 7.1-2-11 "On-site" defined

329 IAC 7.1-2-11 "On-site" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 11. "On-site" means all areas within the property boundary or the boundary of properties where a release occurred of a listed or characteristic hazardous waste or a hazardous waste constituent, a hazardous substance or hazardous substance constituent, petroleum or petroleum constituent, or contaminants has occurred.

(Office of Land Quality; 329 IAC 7.1-2-11 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-12 329 IAC 7.1-2-12 "Remediation work plan" defined

329 IAC 7.1-2-12 "Remediation work plan" defined

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 12. "Remediation work plan":

(1) means a plan of action proposed to the department by the responsible person; and

(2) stating, in detail, the:

(A) steps;

(B) procedures; and

(C) methods;

that will be taken to remediate the site, including a timeline for those steps.

(Office of Land Quality; 329 IAC 7.1-2-12 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

329 IAC 7.1-2-13 329 IAC 7.1-2-13 "RISC" defined (Repealed)

329 IAC 7.1-2-13 "RISC" defined (Repealed)

Sec. 13.

(Repealed by Office of Land Quality; filed Jan 30, 2013, 12:29 p.m.: 20130227-IR- 329120379FRA)

Rule 3

329 IAC 7.1-3-1 329 IAC 7.1-3-1 Incorporation by reference

Rule 3. Incorporation by Reference

329 IAC 7.1-3-1 Incorporation by reference

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. For purposes of this article, 40 CFR 300, Appendix B*, National Oil and Hazardous Substance Pollution Contingency Plan (hereinafter "National Contingency Plan") is incorporated by reference.

*These documents are incorporated by reference. Copies 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.

(Office of Land Quality; 329 IAC 7.1-3- 1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR- 329140187BFA; filed Apr 24, 2020, 4:48 p.m.: 20200506-IR-329190411FRA, eff Apr 24, 2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR- 329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 4

329 IAC 7.1-4-1 329 IAC 7.1-4-1 Ranking

Rule 4. Assessment of Hazardous Substances Response Sites

329 IAC 7.1-4-1 Ranking

Authority: IC 13-12-3-2; IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4

Affected: IC 13-12-3-2; IC 13-25-4

Sec. 1. (a) The department shall utilize an objective method to assess, on the basis of available information, the relative potential threat to human health or the environment from hazardous substances response sites or releases. The method used to assess hazardous substances response sites or releases will be called the priority ranking system (PRS).

(b) After the department receives the notification of release, the site or release will be prioritized under the PRS and placed in the appropriate priority as follows:

(1) If the department determines, based on the notification of a release submitted to the department, that one (1) of the following has occurred, then the site or release is considered a high priority:

(A) Vapors from a listed or characteristic hazardous waste, a hazardous substance, petroleum, petroleum constituent, or contaminant are detected in a habitable structure or other structure such as a utility conduit, storm sewer, or sanitary sewer at a level that exceeds:

(i) the chronic, long term risk-based exposure for a contaminant of concern; or

(ii) ten percent (10%) of the contaminant of concern's lower explosive limit (LEL).

(B) A listed or characteristic hazardous waste, a hazardous substance, petroleum, petroleum constituent, or contaminant is detected in surface water or a drinking water well at or above MCLs or cleanup levels for ground water that are above the risk based remediation standards under IC 13-12-3-2.

(C) Free product is present.

(D) An ecologically sensitive area or a geologically sensitive area is detrimentally affected by the release.

(E) Ground water contaminated by the release is located within three thousand (3,000) feet of a fixed radius of a wellhead or a one (1) year time of travel of a delineated, approved wellhead protection area for a community water system.

(F) Hazardous substances are identified in surface soil, which has a direct soil contact exposure pathway, at levels exceeding the risk based remediation standards under IC 13-12-3-2.

(2) If the department determines, based on the notification of a release submitted to the department, that one (1) of the following has occurred, then the site or release is considered a medium priority:

(A) None of the conditions set forth in subdivision (1) are applicable.

(B) Ground water contaminated by the release is located within a five (5) or ten (10) year time of travel of a delineated, approved wellhead protection area for a community water system or within three thousand (3,000) feet of a fixed radius of a wellhead.

(C) A listed or characteristic hazardous waste, a hazardous substance, petroleum, petroleum constituent, or contaminant is detected in ground water at any concentration.

(3) If the department determines, based on the notification of a release submitted to the department, that one (1) of the following has occurred, then the site or release is considered a low priority:

(A) None of the conditions set forth in subdivisions (1) and (2) are applicable.

(B) No hazardous substance, petroleum, petroleum constituent, or contaminants are detected in ground water.

(C) A listed or characteristic hazardous waste, a hazardous substance, petroleum, petroleum constituent, or contaminant is detected in soil, which does not have a direct soil contact exposure pathway, at concentrations exceeding the risk based remediation standards under IC 13-12-3- 2.

(c) For purposes of this section, "surface soil" and "direct soil contact exposure pathway" are defined or further explained in the risk based remediation standards under IC 13-12-3-2.

(Office of Land Quality; 329 IAC 7.1-4-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; filed Jan 30, 2013, 12:29 p.m.: 20130227-IR-329120379FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 5

329 IAC 7.1-5-1 329 IAC 7.1-5-1 Transition to the prioritization procedure under this rule

Rule 5. Transition

329 IAC 7.1-5-1 Transition to the prioritization procedure under this rule

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. All hazardous substances response sites or releases will be prioritized according to 329 IAC 7.1-4 within one hundred eighty (180) days of the effective date of this article.

(Office of Land Quality; 329 IAC 7.1-5-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR- 329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 6

329 IAC 7.1-6-1 329 IAC 7.1-6-1 Reprioritization of sites or releases

Rule 6. Reprioritization

329 IAC 7.1-6-1 Reprioritization of sites or releases

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. (a) The ranking of sites or releases under the PRS will be a dynamic process, and the rank may be subject to change based on:

(1) site circumstances;

(2) receipt of additional information; or

(3) other relevant factors.

However, the partial implementation of remedial action at sites selected for such action will not be considered alone as a circumstance requiring a reprioritization of the site.

(b) Factors that may result in the reprioritization of a site include any of the following:

(1) Any action taken that:

(A) is verifiable by the department and consistent with the ultimate remedial action appropriate for the site; and

(B) significantly controls or reduces the source of the release or threat of release.

(2) Receipt of information concerning the actual or imminent release of a hazardous substance, petroleum, petroleum constituent, or contaminant previously believed to be contained or controlled.

(3) Review of the initial site characterization, further site investigation, a corrective action progress report, or a remediation work plan.

(c) Actions taken at the site merely to abate the risk to human health or the environment and that do not control, reduce, or eliminate the source of the hazardous substance, petroleum, petroleum constituent, or contaminant being released or threatened to be released will not be considered alone as a basis for reprioritizing the release or the site.

(Office of Land Quality; 329 IAC 7.1-6- 1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR- 329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 7

329 IAC 7.1-7-1 329 IAC 7.1-7-1 Completion of remediation

Rule 7. Completion of Remediation

329 IAC 7.1-7-1 Completion of remediation

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. Upon the completion of remediation at a site as determined by the commissioner, the commissioner will provide a no further action letter to the:

(1) owner of the site; or

(2) person responsible for remediation of the release.

Sites that are issued a no further action letter will no longer have a priority ranking.

(Office of Land Quality; 329 IAC 7.1-7-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR-329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)

Rule 8

329 IAC 7.1-8-1 329 IAC 7.1-8-1 Hazard removals

Rule 8. Hazard Removals

329 IAC 7.1-8-1 Hazard removals

Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1; IC 13-25-4- 7

Affected: IC 13-25-4

Sec. 1. Irrespective of whether a hazardous substances response site has been prioritized under the PRS, the commissioner may at any time undertake or order removal action at any hazardous substances response site if such action is consistent with the National Contingency Plan.

(Office of Land Quality; 329 IAC 7.1-8-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Solid Waste Management Division is changed to Office of Land Quality, effective July 1, 2026.]; filed Jun 5, 2008, 11:19 a.m.: 20080702-IR- 329060147FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed May 27, 2020, 9:00 a.m.: 20200624-IR-329200188BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)