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

Affected: IC 14-37

Sec. 9. (a) Hydraulic fracturing operation that use diesel fuel as a component of the hydraulic fracturing fluid must obtain a Class II permit according to 312 IAC 29-5 and an injection authorization from the division of reclamation according to 312 IAC 29-28-1 before beginning operations. A Class II permit is not required for hydraulic fracturing operations that do not use diesel fuel as a component of the hydrofracturing fluids.

(b) For purposes of this section, diesel fuel refers to fluids that are associated with the following five (5) specific Chemical Abstracts Services Registry Numbers (CAS RN) assigned by the Chemical Abstract Service, a division of the American Chemical Society, and compiled in the Chemical Abstract Service Registry:

1. (1) 68334-30-5 Diesel fuel.
2. (2) 68476-34-6 Diesel fuel No. 2.
3. (3) 68476-30-2 Fuel oil No. 2.
4. (4) 68476-31-3 Fuel oil No. 4.
5. (5) 8008-20-6 Kerosene.

(Natural Resources Commission; 312 IAC 29-22-9; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)