312 IAC 29-25-2 - Spill prevention, response, and reporting

Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-37

Sec. 2.

(a) An owner or operator shall ensure that all activities are conducted to prevent spills or releases of any fluids to:

(1) the surface;

(2) the subsurface; or

(3) waters of the state;

resulting from, or in connection with, the operation of wells for oil and gas purposes under this article, except as authorized by IC 14-37 and this article.

(b) An owner or operator shall initiate the following emergency response procedures for all spills immediately after discovery:

(1) Stop or contain ongoing discharge or release of the fluids to minimize the area affected by the spill.

(2) Report the spill if required under subsection (c).

(3) Compliance with the emergency spill response coordinator of the Indiana department of environmental management for spills entering surface waters.

(4) Storage of recovered fluids in above ground storage tanks or other leak-free above ground vessels for temporary storage until recycled, reclaimed, or disposed in accordance with this article.

(5) Contain and remove free liquids on the land surface by the placement of:

(A) absorbent booms or other absorbent materials;

(B) emergency excavations;

(C) vacuum trucks; or

(D) other collection means;

designed to prevent migration of the spilled liquids.

(6) Manage contaminated soils and absorbent materials in accordance with section 4 of this rule unless directed otherwise by the emergency spill response coordinator of the Indiana department of environmental management.

(c) Spills or releases of fluids resulting from, or used in connection with, the operation of wells under this article shall be reported by the owner or operator to the appropriate agency within the specified time period as required in the following tables:

Table 1: Crude Oil Spill Reporting

Location of the Spill	Fluid Volume	Agency to be Notified	Time Period	Type of Notification	Contact Information
Inside secondary containment structure	Greater than 5 barrels	DNR Oil & Gas Division	48 hours of discovery	Telephone AND Email	Oil and Gas Inspector SPILL@dnr.in.gov (DNR)
Outside secondary containment structure but onto lands within the lease or facility boundary	Greater than 1 barrel	DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	Oil and Gas Inspector SPILL@dnr.in.gov (DNR)
Outside the lease or facility boundary but not into waters of the state	Greater than 1 barrel	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)
Enters waters of the state	Visible sheen	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)

Table 2: Produced Water, Contaminated Storm Water, and Drilling, Completion, and Workover Fluid Spill Reporting

Location of the Spill	Fluid Volume	Agency to be Notified	Time Period	Type of Notification	Contact Information
Inside secondary containment structure	Greater than 10 barrels	DNR Oil & Gas Division	48 hours of discovery	Telephone AND Email	Oil and Gas Inspector SPILL@dnr.in.gov (DNR)
Outside secondary containment structure but onto lands within the lease or facility boundary	Greater than 5 barrels	DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	Oil and Gas Inspector SPILL@dnr.in.gov (DNR)
Outside the lease or facility boundary but not into waters of the state	Greater than 55 gallons	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)
Enters waters of the state	Any volume	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)

Table 3: Other Chemical Spill Reporting

Location of the Spill	Fluid Volume	Agency to be Notified	Time Period	Type of Notification	Contact Information
Lands within the lease or facility boundary	Greater than 55 gallons	DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	Oil and Gas Inspector SPILL@dnr.in.gov (DNR)
Outside the lease or facility boundary but not into waters of the state	Greater than 55 gallons	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)
Enters waters of the state	Any volume	Indiana Department of Environmental Management AND DNR Oil & Gas Division	2 hours of discovery	Telephone AND Email	(888) 233-8603 (IDEM) SPILL@dnr.in.gov (DNR)

(d) At a minimum, initial spill reports required by subsection (c) shall include the following information:

(1) The name of the permittee responsible for the spill.

(2) The location of the spill.

(3) The volume of fluid spilled.

(4) The identity of the fluid spilled.

(5) The areal extent of the spill.

(6) The cause of the spill.

(7) Contact information, including the telephone number and name of the person familiar with the incident.

(e) Nothing in this section shall relieve a person from an obligation to report oil or chemical spills when required under applicable local, state, and federal law.

(f) Within thirty (30) days following the discovery of any spill required to be reported under subsection (c), the owner or operator shall file a final report on a form prescribed by the division identifying:

(1) details of the incident;

(2) factors contributing to the incident; and

(3) preventive measures that have or will be taken to protect against similar future incidents.

Notes

312 IAC 29-25-2

Natural Resources Commission; 312 IAC 29-25-2; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRA Readopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA