"Aboveground storage tank"

Sec. 0.4. (a) "Aboveground storage tank" (or AST), for purposes of this chapter and IC 13-23, means one (1) tank or combination of tanks:

(1) that is used to contain an accumulation of regulated substances;

(2) the volume of which, including the volume of the aboveground connected pipes described in subsection (b), is not more than ten percent (10%) below the surface of the ground;

(3) with a capacity of over one thousand five hundred (1,500) gallons but not more than twenty thousand (20,000) gallons; and

(4) that is used at:

(A) a bulk plant or facility regulated under the Pipeline Safety Act (49 U.S.C. 60101 et seq.) for the bulk storage and distribution of motor fuel to retailers; or

(B) an airport, including both primary and nonprimary airports as defined in 49 U.S.C. 47102.

(b) If a:

(1) single tank; or

(2) combination of tanks;

constitutes an aboveground storage tank under subsection (a), any pipes that are connected to the single tank or combination of tanks are considered part of the aboveground storage tank.

(c) The term includes a single tank:

(1) that meets the definition set forth in subsection (a); and

(2) in which there are separate compartments.

(d) The term does not include any of the following:

(1) A farm or residential tank with a capacity of not more than one thousand one hundred (1,100) gallons that is used for storing motor fuel for noncommercial purposes.

(2) A tank used for storing heating oil for consumptive use on the premises on which the tank is stored.

(3) A septic tank.

(4) A surface impoundment, pit, pond, or lagoon.

(5) A storm water or wastewater collection system.

(6) A flow-through process tank.

(7) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(8) Any other tank exempted by a rule adopted by the board in accordance with regulations adopted by the Administrator of the United States Environmental Protection Agency.

(9) A pipe connected to a tank described in subdivisions (1) through (8).

As added by P.L.176-2023, SEC.4.