Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

SECOND NOTICE OF COMMENT PERIOD

LSA Document #07-353

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING STAGE I VAPOR RECOVERY MEASURES

FOR GASOLINE DISPENSING FACILITIES

PURPOSE OF NOTICE

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for

amendments to rules 326 lAC 8-1-3 and 326 lAC 8-4 concerning stage I vapor recovery measures for gasoline

dispensing facilities in Indiana. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM

seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this

rulemaking.

HISTORY

First Notice of Comment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR-326070353FNA).

Continuation of First Notice of Comment Period: September 10, 2008, Indiana Register (DIN:

20080910-IR-326070353FCA).

CITATIONS AFFECTED: 326 lAC 8-1-3; 326 lAC 8-4.

AUTHORITY: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11: IC 13-17-3-12.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

A First Notice of Comment Period for the stage I vapor recovery rule published in the Indiana Register on

June 27, 2007 (DIN: 20070627-IR-326070353FNA) and a Continuation of First Notice of Comment Period

pUblished in the Indiana Register on September 10, 2008 (DIN: 20080910-IR-326070353FCA). This Second

Notice of Comment Period contains IDEM's draft rule language for amendments to rules concerning stage I vapor

recovery measures for gasoline dispensing facilities. IDEM also proposes to clarify 326 lAC 8-4-6 to distinguish

stage I vapor recovery requirements from stage II vapor recovery requirements and to correct internal references

in the stage II vapor recovery requirements. No changes are being made to stage II vapor recovery requirements.

Stage I vapor recovery refers to the collection of gasoline vapors displaced from underground storage tanks

when filled by delivery trucks. Volatile organic compound (VOG) emissions are released into the atmosphere

when the gasoline vapors in the underground storage tank are displaced by gasoline being loaded into the tank.

In the absence of systems designed to recapture the gasoline vapors (ltherwise lost into the atmosphere, about

7.6 pounds of VOCs are released into the air for every 1,000 gallons of gasoline that is dispensed.

Stage I vapor recovery requirements currently apply to the following:

(1) Gasoline storage tanks at gasoline dispensing facilities located in Boone, Dearborn, Hamilton, Hancock,

Harrison, Johnson, Morgan, Shelby, Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, SI. Joseph, and

Vanderburgh counties.

(2) Any gasoline storage tank installed after July 1,1989, at a gasoline dispensing facility. Stage I vapor

recovery requirements currently do not apply to gasoline dispensing facilities that have monthly gasoline

throughputs of less than 10,000 gallons per month and that were in existence prior to July 1, 1989. Stage I

vapor recovery requirements also currently do not apply to gasoline dispensing facilities that have monthly

gasoline throughputs of less than 10,000 gallons per month and that are located at farms or private

residences.

Stage I vapor recovery requirements are implemented under 326 lAC 8-4-6. These requirements include:

(1) the use of a submerged fill pipe to minimize the creation of vapors; and

(2) the connection of a vapor balance system between the tank and transport that allows gasoline vapors

from the underground storage tank to be displaced back to the tank truck during loading.

IDEM estimates that rules requiring submerged loading and vapor balancing will achieve a 90% reduction in

vac emissions versus uncontrolled underground storage tank loading. Nearly all gasoline dispensing facilities in

Indiana with monthly gasoline throughputs of 10,000 gallons per month or greater already meet the current stage I

vapor recovery requirements.

In this rulemaking, Indiana is proposing to amend the following:

(1) 326 lAC 8-4-1, applicability, to remove the applicability date of July 1, 1989, so that stage I vapor recovery

controls would be required at all gasoline dispensing facilities statewide. Under the proposed rule, stage I

vapor recovery requirements will not apply to gasoline dispensing facilities that have monthly gasoline

throughputs of less than 10,000 gallons per month.

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(2) 326 lAC 8-1-3, compliance schedules, to clarify the compliance schedule for stage I vapor recovery

controls for gasoline storage tanks at gasoline dispensing facilities that have a monthly gasoline throughput ('

of 10,000 gallons per month or greater and that were in existence prior to July 1,1989.

(3) The definition of a "gasoline dispensing facility" in 326 lAC 8-4-6(a)(8) to decrease the minimum capacity

of a storage tank to 250 gallons from the current minimum capacity of 575 gallons. This will provide

consistency with the January 10,2008, area source NESHAP for Source Categories: Gasoline Dispensing

Facilities, 73 FR 1916, to which these sources are subject.

(4) 326 lAC 8-4-6(b)(1) to include specific standards for the installation of a submerged fill pipe (12 inches

from the bottom of the gasoline storage tank if the fill pipe was installed on or before November 9, 2006, or

six inches from the bottom of the gasoline storage tank if the fill pipe was installed after November 9, 2006) to

comply with the January 10, 2008, area source NESHAP for Source Categories: Gasoline Dispensing

Facilities, to which these sources are subject.

(5) Clarify the language in 326 lAC 8-4-6 to provide for better comprehension.

Requiring stage I vapor recovery at any gasoline storage tank at a gasoline dispensing facility within Indiana

will contribute to regional control of VOC that will assist many counties in reaching and maintaining attainment for

the eight-hour ozone standard while balancing the regulatory requirements across the state. IDEM is specifically

requesting comments on the draft rule language that decreases the minimum capacity of a storage tank to 250

gallons from the current minimum capacity of 575 gallons and adds specific standards for the installation of a

submerged fill pipe to comply with the January 10, 2008, area source NESHAP for Source Categories: Gasoline

Dispensing Facilities. Upon completion of the rulemaking, this rule will be submitted to the U.S. EPA for approval

as a revision to the state implementation plan.

Ie 13·14·9·4Identification of Restrictions and Requirements Not Imposed under Federal Law

The following elements of the draft rule impose either a restriction or a requirement on persons to whom the

draft rule applies that is "not imposed under federal law" (NIFL element).

, The following information is provided with each NIFL element:

(1) The environmental circumstance or hazard dictating the imposition of the NIFL element in order to protect

human health and the environment in Indiana and examples in which federal law is inadequate to provide this

protection for Indiana.

(2) The estimated fiscal impact and expected benefits of the NIFL element, based on the extent to which the

NIFL element exceeds the requirements of federal law.

(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL ('

element including, if applicable: health criteria, analytical methods, treatment technology, economic impact

data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and

other background data.

NIFL Element A: Amend 326 lAC 8-4-1 to remove the applicability date of July 1, 1989, to require stage I

vapor recovery controls at all gasoline dispensing facilities statewide with a monthly gasoline throughput of 10,000

gallons per month or greater.

(1) Stage I vapor recovery is currently required statewide at all gasoline dispensing facilities with a gasoline

throughput of 10,000 gallons per month or greater and that have been installed after July 1, 1989. Nearly all

gasoline dispensing facilities in Indiana with monthly gasoline throughputs of 10,000 gallops per month or

greater already meet the current stage I vapor recovery requirements. In order for IDEM to accurately

document and receive credit for VOC reductions from all facilities using stage I vapor recovery, the draft rule

proposes to amend 326 lAC 8-4-1 to extend applicability to all gasoline dispensing facilities in Indiana with

monthly gasoline throughputs of 10,000 gallons or greater.

(2) IDEM expects no to minimal fiscal impact as a result of implementing this draft rule. IDEM is unaware of

any gasoline dispensing facilities installed on or before July 1,1989, that do not already meet the stage I

vapor recovery requirements.

(3) In the development of this draft rule, IDEM considered background information on VOC reduction

measures from gasoline dispensing facilities, contained in the Midwest Regional Planning Organiz"tion's

"Interim White Paper - Midwest RPO Candidate Control Measures". This document is available online at:

http://www.ladco.org/reports/controllwhite_papers/gasoline_dispensing_facilities_stage_'-and_stage_ii.pdf

Potential Fisc"llmpacl

The proposed amendments to the stage I vapor recovery rule will update the rule to reflect the actuality that

stage I vapor recovery systems are already currently in extensive use at gasoline dispensing facilities throughout

the state.

The proposed amendment to decrease the minimum tank capacity in 326 lAC 8-4-6(a)(8) and the proposed

amendment to include specific standards for the installation of a submerged fill pipe in 326 lAC 8-4"6(b)(1) are

federal requirements under the January 10, 2008, area source NESHAP for Source Categories: Gasoline

Dispensing Facilities, 73 FR 1916, so there is no additional fiscal impact for these amendments in this rulemaking.

IDEM anticipates minimal fiscal impact to otherwise result from implementation of the rule. IDEM is unaware

of any gasoline dispensing facilities with a gasoline throughput of 10,000 gallons per month or greater that do not

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already meet the stage I vapor recovery requirements. IDEM invites comments on the potential fiscal impact of

this rulemaking or the extent to which the rule requirements are already voluntarily complied with statewide.

Small Business Assistance Information

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program

provides assistance to small businesses and information regarding compliance with environmental regulations. In

accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide

a point of contact for small businesses affected by environmental regulations. Information on the CTAP program,

the monthly CTAP newsletter, and other resources available can be found at:

http://www.in.gov/idem/4108.htm

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Alison Suriace, Senior Environmental Manager .

IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8172 or (800) 988-7901

ctap@idem.in.gov

The Small Business Assistance Program Ombudsman is:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386 .

bbaughn@idem.in.gov

Public Participation and Workgroup Information

No workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the

rule is appropriate, please contact Manda Clevenger, Rules Development Branch, Office of Legal Counsel at

(317) 232-8229 or (800) 451-6021 0n Indiana).

SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD

IDEM requested public comment from June 27,2007, through July 27,2007, on alternative ways to achieve

the purpose of the rule and suggestions for the development of draft rule language. IDEM received comments

from the following parties by the comment period deadline:

Indiana Petroleum Council (IPC)

Indiana Petroleum Marketers and Convenience Store Association (IPCA)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: Most gas stations with monthly gasoline throughputs of 10,000 gallons or more already have

stage I controls. (IPC)

Response: IDEM agrees with this statement. IDEM is unaware of any gasoline dispensing facility in Indiana

with a gasoline throughput of greater than 10,000 gallons per month that is not already utilizing stage I vapor

recovery. The proposed amendments will update the rule to reflect the actuality that stage I vapor recovery

systems are already currently in extensive use at gasoline dispensing facilities throughout the state.

Comment: We support IDEM getting credit for stage I controls installed at stations prior to July 1, 1989. We

generally support ozone control measures that are necessary and cost-effective. However, we believe that ozone

control measures should be based on existing air quality standards and not on potential new future air quality

standards. (IPC) .

Response: IDEM understands the commentor's position. Because ozone is a regional pollutant, this

rulemaking is an ozone reducing measure that benefits both local and down-wind sources not only in Indiana but

also regionally. While all monitored portions of Indiana have attained the current ozone standard, there are areas

that have just achieved compliance with the new ozone standard and local government and businesses are

concerned about exceeding it. This rule is a cost-effective way to provide additional vac reductions.

Comment: The benefits of VOC reductions in meeting the ozone standard are area'specific and need not

necessarily be applied statewide. (lPC)

Comment: Requiring facilities with monthly gasoline throughputs of 10,000 gallons or more and in existence

prior to July 1,1989, to meet stage I vapor recovery requirements will largely impact facilities in rural areas which

are neither nonattainment nor contributing to ozone formation in nonattainment areas. (IPCA)

Response: Ozone is both a local and a regional pollutant that forms in the presence of sunlight from VOCs

and nitrogen oxides most often in the summer in a complex chemical reaction. Reducing VOC emissions reduces

one of the precursors necessary for ozone formation. Because ozone is a regional pollutant, reducing its

formation in areas that are attainment for the ozone standard provides a margin of benefit in meeting the ozone

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standard not only locally but more importantly downwind.

Comment: We do not believe that it is necessary to amend 326 lAC 8-4-1. The existing stage I vapor

recovery program has successfully achieved a 90 percent reduction in VOC emissions, according to IDEM's (

estimates, and any additional changes can only provide extremely marginal further reductions in VOC emissions.

(IPCA)

Response: IDEM agrees that the existing stage I vapor recovery program has been successful in reducing

VOC emissions from storage tanks. However, there are areas within Indiana and the Midwest that do not currently

meet the new ozone standard. IDEM believes that requiring stage I vapor recovery systems on all tanks in the

state that have throughputs of 10,000 gallons per month or greater, even if installed prior to July 1, 1989, is a

justifiable cost-effective means to gain incremental VOC emission reductions.

Comment: The cost of retrofitting delivery transports and facilities for additional stage I vapor recovery will

ultimately be passed on to the consumer in the form of higher gasoline prices. (IPCA)

Response: IDEM is unaware of any delivery transport or gasoline dispensing facility in Indiana with a

gasoline throughput of 10,000 gallons per month or greater that is not already utilizing stage I vapor recovery.

Therefore, this rulemaking will result in minimal implementation costs.

SUMMARY/RESPONSE TO COMMENTS FROM THE CONTINUATION OF FIRST NOTICE OF COMMENT

PERIOD

IDEM requested public comment from September 10, 2008, through October 10, 2008, on alternative ways to

achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no

comments in response to the Continuation of First Notice of Comment Period.

REQUEST FOR PUBLIC COMMENTS

This notice requests the submission of comments on the draft rule language, including suggestions for

specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:

#07-353 (APCB) Stage I Vapor Recovery

Manda Clevenger Mail Code 61-49

c/o Administrative Assistant

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management (

100 North Senate Avenue

Indianapolis, Indiana 46204

Hand delivered comments will be accepted by the receptionist on duty at the thirteenth floor east reception

desk, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5517, Monday through Friday,

between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules

Development Branch at (317) 233-8903.

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by July 6, 2009.

Additional information regarding this action may be obtained from Manda Clevenger, Rules Development

Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana).

DRAFT RULE

SECTION 1. 326 lAC 8-1-3 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-1-3 Compliance schedules

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-15; IC 13-17

Sec. 3. (a) All sources located in Clark, Floyd, Lake, Marion, and Porter counties wffieh that were in operation

prior to December 28, 1979, and not meeting the requirements of 326 lAC 8-2-2 through 326 lAC 8-2-8 (surface

coating of autos, cans, coils, paper, metal furniture, large appliances, and magnet wire), 326 lAC 8-2-11 (fabric

and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed roof

tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline

transport), and 326 lAC 8-5-2 (asphalt paving) shall achieve compliance as expeditiously as practicable, but not (

later than indicated in the following compliance schedule: \.

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(1) Submittal of plans and specifications to the board by December 31, 1980.

(2) Contracts for emission control systems or process modification awarded or purchase orders issued by

March 31,1981.

(3) Initiation of on-site construction or installations by June 30, 1981.

(4) Completion of on-site construction or installations by September 30, 1982.

(5) Demonstration of final compliance by December 31,1982.

(b) All sources located in Clark, Floyd, Lake, Marion, and Porter counties wffiefl that were in operation prior to

November 1, 1980, and not meeting the reqUirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8-

2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating roof tanks), 326 lAC 8=4-8 (refinery leaks), 326 lAC 8-4-9

(truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubber tire

manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but

not later than indicated in the following compliance schedule:

(1) Submittal of plans and specifications to the board by June 30, 1981.

(2) Contracts for emission control system or process modification awarded or purchase orders issued by

August 31,1981.

(3) Initiation of on-site construction or installations by October 31, 1981.

(4) Completion of on-site construction or installations by October 31,1982.

(5) Demonstration of final compliance by December 31, 1982.

(c) All sources located in Elkhart and St. Joseph counties wffiefl that either were in operation prior to

December 28, 1979, and are not meeting the requirements of 326 lAC 8-2-2 through 326 lAC 8-2-8 (surface

coating of autos, cans, coils, paper, metal furniture, large appliances, and magnet wire), 326 lAC 8-2-11 (fabric

and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8=4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed roof

tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline

transport), and 326 lAC 8-5-2 (asphalt paVing) or were in operation prior to November 1,1980, and are not

meeting the requirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8-2-10 (fiat wood coating),

326 lAC 8-4-3(c) (fioating roof tanks), 326 lAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3

(synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubber tire manufacturin9), and 326 lAC 8-5-5

(graphic arts) shall achieve compliance as expeditiously as practicable, but not later than indicated in the following

compliance schedule:

(1) Submittal of plans and specifications to the board by June 30, 1985.

(2) Contracts for emission control systems or process modification awarded or purchase orders issued by

August 31, 1985.

(3) Initiation of on-s.ite construction or installation by October 31,1985.

(4) Completion of on-site construction or installation by September 30,1986.

(5) Demonstration of final compliance by December 31, 1986.

(d) IA eases wAere aA mdstiAg faeilily demeAstrates tAat eampliaAee is Aet passible by tAa iAtarim dates

speeifiad iA s~bseotiaA (a), aA eHteAsiaA may ba graAtad by tAa eammissiaAer. TAa faeility sAall s~bmit a latter af

iAteAt wAieA sAaws eampliaAee witA tAis r~le as m(paditia~sly as possible, b~t iA Aa aveAt latar tAaA Daeambar 31 ,

1982, aAd sAall iAel~da a sOAed~la af dates fer tAe fellawiAg:

(1) S~bmittal af plaAs.

(2) Start eaAstr~etiaA.

(3) GamplatiaA af eaAstr~otiaA.

H) /\oAiaviA§ eompliaAee.

(e) S~bmit performaAea res~lts.

OAea tAa soard Aas appraved a sa~ree's eampliaAee plaA, tAe plaA sAall se iAearparatad iAta tAa faeilitias' permit

aAd tAe plaA sAall be s~smittad to tAa U.S. EPA as a SIP ravisioA. Fail~ra ta aperate witAiA tAesa oaAditiaAs sAall

se oOAsidered a vialatiaA af tAis r~le.

(e) IA eases wAere aA mdstiA§ faeility demaAstrates tAat tAe emissioA limitatioA speeifiad iA tAis r~le is Aat

attaiAasle oOAsiaeriA§ eoaAomie aAa teoAAala§ieal feasibility, aAa Aa allset is avaiiasle ta satisfy 326 lAG 2 4, tAe

sa~roa may patitioA tAa baard to reoeive aA m,teAsiaA beyoAd tAe aates speoified iA s~sseotiaAs (a) tAra~gA (e).

TAa patitiaA sAall iAel~de tAe fallawiA§:

(1) Dates af e~~ipmaAt madifioatiaA piaAS.

(2) Dates af a~~ipmeAt iAstaliatioA aAalar eaAstr~etiaA.

(3) Yearly emissiaA IimitatiaAs demaAstratiAg reasaAasle furtAar progress.

(4) Date afHAal eampliaAee, iA Aa ease latertAaA Deeemsor 31, 1987.

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OAee tRe eOA'lA'lissieAer Ras approvea a souree's eeA'lpliaAee pleA, it sRali be iAeorperatea iAtO the faoilities'

per",it aAa tRe plaA shall be sub",ittea to tRe U.S. EPA as a SIP revisioA. Failure to operate withiA tRese

eeAaitieAs sRali be eeAsiaerea a vielatioA ef tRis rule.

til (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties with a monthly

throughput of twenty thousand (20,000) gallons per month or greater and not meeting the requirements of 326

lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practical, but not later than

in the compliance schedule listing in subsection (a) for those sources in operation prior to January 1,1980.

ffi1 (e) All sources located in Elkhart and St. Joseph counties with a monthly throughput of twenty thousand

(20,000) gallons per month or greater and not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing

facilities) shall achieve compliance as expeditiously as practicable but not later than in the compliance schedule

listed in subsection (c).

(R1 (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and St. Joseph counties

wIlieIl that were in operation prior to January 1, 1980, and have a monthly throughput between ten thousand

(10,000) and twenty thousand (20,000) gallons per month and not meeting the requirements of 326 lAC 8-4-6

(gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not later than

indicated in the following compliance schedule:

(1) Submittal of plans and specifications to the board by June 30, 1986.

(2) Contracts for emission control system or process modification awarded or purchase orders issued by

August 31,1986.

(3) Initiation of on-site construction or installation by October 31, 1986.

(4) Completion of on-site construction or installation by September 30,1987.

(5) Demonstration of final compliance by December 31,1987.

til (g) All sources subject to the requirements of 326 lAC 8-4 located in Boone, Dearborn, Hamilton, Hancock,

Harrison, Johnson, Morgan, and Shelby counties wIlieIl that were in existence prior to July 1, 1989, shall achieve

compliance not later than July 1, 1990.

(h) All sources statewide with a monthly gasoline throughput of ten thousand (10,000) gallons per

month or greater that have not met the compliance schedules in subsection (d), (e), (f), or (g) shall comply

with 326 lAC 8-4-6 not later than January 10, 2011.

(Air Pollution Control Board; 326 lAC 8-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2528; errata, 11 /R 2632; filed

Aug 11, 1989, 1:40 p.m.: 13/R 6)

SECTION 2. 326 lAC 8-4-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-4-1 Applicability

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17 .

Sec. 1. (a) All sections of this rule apply to sources of the types described in this rule located in the following

counties:

(1) Clark.

(2) Elkhart.

(3) Floyd.

(4) Hendricks.

(5) Lake.

(6) Marion.

(7) Porter. afl€I

(8) St. Joseph. GeuAties.

(

(

(b) Sections 4 through 7 and 9 of this rule apply to sources of the types described in this rule located in the (,'

following counties:

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(1) Boone.

(2) Dearborn.

(3) Hamilton.

(4) Hancock.

(5) Harrison.

(6) Johnson.

(7) Morgan. afIE!

(8) Shelby. CeuAties.

(0) OA aAS after May 1, 1999, seetieA eta) through e(o) aAs e(h) oftAis rule applies to sourees ofthe type

seseriees iA seotieA e efthis ",lIe, loeates in VaAsereurgh COUAty.

{6) (c) Sections 2 through 5 and 7 through 9 of this rule apply to all new sources of the types described in this

rule as of January 1, 1980.

fe1 (d) Section (; 6(a) and 6(b) of this rule awJies apply to any gasoline storage tank iAstalies after July 1,

4-9ll9; at a gasoline dispensing facility uAless sueh faoilit)' is elColuses uAser subseetioA (f). with a monthly

gasoline throughput of ten thousand (10,000) gallons per month or greater.

(I) BeetioA e efthis rule sAall AOt apply to gaseliAe sispeAsiAg faeilitios whioh have mOAthl;' gasoliAe

tAroughputs ef less thaA teA thousaAs (19,999) galieAs per meAth aAS:

(1) were iA mEisteAee prior to July 1, 1989; or

(2) are loeatos at farms or private resiseAees.

(e) Section G(c) of this rule applies to gasoline dispensing facilities as described in section 6(c)(1) of

this rule and located in: .

(1) Clark;

(2) Floyd;

(3) Lake; or

(4) Porter;

county.

(Air Pollution Control Board; 326 lAC 8-4-1; filed Mar 10, 1988, 1:20 p.m.: 11 /R 2538; filed Aug 11, 1989, 1:40

p.m.: 13/R 7; filod Apr 23, 1999, 2:12 p.m.: 22/R 2855; readopted filed Jan 10, 2001, 3:20 p.m.: 24/R 1477)

SECTION 3. 326 lAC 8-4-6 IS AMENDED TO READ AS FOLLOWS:

326 lAC 8-4-6 Gasoline dispensing facilities

Authority: IC 13-14-8; IC 13·17·3-4

Affected: IC 13·12-3·1

Sec. 6. (a) Tho following definitions apply throughout this section:

(1) "Average monthly volume" means the amount of motor fuel dispensed per month from a gasoline

dispensing facility based upon a monthly average for a two (2) year period from November 1990 through

October 1992, or, if not available, the monthly average for the most recent twelve (12) calendar months.

Monthly averages shall include only those months when theracility was operatin9.

(2) "CARB" means the California Air Resources Board.

(3) "Certified" means any vapor collection and control system whieR that has been tested and approved by

CARB as having a vapor recovery and removal efficioncy of at least ninety-five percent (95%) by weight.

(4) "Constructed" means fabricated, erected, or installed and refers to any facility, emission source, or air

pollution control equipment.

(5) "Dynamic backpressure test" means a test procedure used to determine the pressure drop (flow

resistance) through vapor collection and control systems, including:

(A) nozzles;

(B) vapor hoses;

(C) swivels;

(D) dispenser piping; and

Date: Apr 30,2010 2:14:28PM EDT DIN: 20090603-IR-326070353SNA Page 7
Indiana Register

(E) underground piping;

at prescribed fiow rates. Test procedures for this test can be found in EPA 450/3-91-022b, "Technical (

Guidance-Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline

Dispensing Facilities"·.

(6) "Employee" means any person who performs work for an employer for compensation.

(7) "Facility" means any:

(A) building;

(B) structure;

(C) installation;

(0) operation; or

(E) combination located on contiguous properties and under common ownership;

that provides for the dispensing of motor vehicle fuel.

(8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into motor vehicle fuel tanks

or portable containers from a storage tank with a capacity ofl'...'o thousand one hundred seventy sil' (2,176)

nine hundred forty-six (946) liters (live hundred seventy live (676) (two hundred fifty (250) gallons) or

more. Diesel fuel and kerosene are not considered to be motor vehicle fuels.

(9) "Independent small business marketer of gasoline" means a person engaged in the marketing of gasoline

who:

(A) is not a refiner;

(B) does not control, is not controlled by, or is not under common control with a refiner;

(C) is not otherwise directly or indirectly affiliated with a refiner or a person who controls, is controlled by, or

is under a common control with a refiner (unless the sale affiliation referred to in this subdivision is by

means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or

other identifying symbol or name owned by such refiner or any such person); and

(D) receives less than fifty percent (50%) annual income from the marketing of gasoline.

(10) "Liquid blockage test" means a test procedure used to detect low points in any vapor collection and

control system where condensate may accumulate. Test procedures can be found in EPA 450/3-91-022b,

"Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at

Gasoline Dispensing Facilities"·.

(11) "Modification" means any change, removal, or addition, other than a certified replacement of any

component contained within the vapor collection system and control system. (

(12) "Motor vehicle" means any self-propelled vehicle powered by an internal combustion engine, including, .

but not limited to, the following:

(A) Automobiles.

(B) Trucks.

(C) Motorcycles.

(13) "Motor vehicle fuel" means any petroleum distillate having a Reid vapor pressure of more than four (4)

pounds per square inch and wIliefl that is used to power motor vehicles. Diesel fuel and kerosene are not

considered to be motor vehicle fuels.

(14) "Owner or operator" means any person who:

(A) owns;

(B) leases;

(C) operates;

(0) manages;

(E) supervises; or

(F) controls;

directly or indirectly, a gasoline dispensing facility.

(15) "Pressure decay or leak test" means a test procedure used to quantify the vapor tightness of a vapor

collection and control system installed at gasoline dispensing facilities. Test procedures can be found in EPA

450/3-91-022b, "Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle Refueling

Emissions at Gasoline Dispensing Facilities"·.

(16) "Vapor collection and control systems" means any system certified by CARB wIliefl that limits the

discharge to the atmosphere of motor vehicle fuel vapor displaced during the dispensing of motor vehicle fuel

into motor vehicle fuel tanks.

(b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows:

tat (1) No owner or operator of a gasoline dispensing facility shall allow the transfer of gasoline between any

transport and any storage tank unless ooeh the tank is equipped with the following:

f4-I (A) A submerged fill pipe that extends to not more than:

(i) twelve (12) inches from the bottom of the storage tank if the fill pipe was installed on or before (

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Indiana Register

November 9, 2006; or

(ii) six (6) inches from the bottom of the storage tank if the fill pipe was installed after November 9,

2006.

f.27 (B) Either a pressure relief valve set to release at 00 not less than seven-tenths (0.7) pounds per square

inch or an orifice of five-tenths (0.5) inch in diameter.

f31 (C) A vapor balance system connected between the tank and the transport operating according to

manufacturer's specifications.

let (2) If the owner or employees of the owner of a gasoline dispensing facility are not present during loading,

it shall be the responsibility of the owner or the operator of the transport to make certain the vapor balance

system is:

(A) connected between the transport and the storage tank; and is

(B) operating according to manufacturer's specifications.

(c) Stage II vapor recovery system requirements at gasoline dispensing facilities are as follows:

(d1 (1) The provisions of subseetioA (e) subdivision (2) shall apply to any gasoline dispensing facility located

in Clark, Floyd, Lake, or Porter County except if the gasoline dispensing facility:

fB (A) dispenses an average monthly volume of less than ten thousand (10,000) gallons of gasoline per

month; or

f.27 (B) is an independent small business marketer of gasoline who dispenses an average monthly volume of

less than fifty thousand (50,000) gallons of gasoline per month.

tot (2) No owner or operator of a gasoline dispensing facility shall cause or allow the dispensing of motor

vehicle fuel at any time unless all motor vehicle fuel dispensing operations are equipped with and utilize a

certified vapor collection and control system wRi€fl that is properly installed and operated as follows:

fB (A) No vapor collection and control system shall be installed, used, or maintained unless the system:

(i) has been certified by CARB; and

(ii) meets the testing requirements specified in subseetioA (1<)(6). subdivision (7)(F).

f.27 (B) Any vapor collection and control system utilized shall be maintained in accordance to its certified

configuration and with the manufacturer's specification and maintenance schedule.

f31 (C) No elements or components of a vapor collection and control system shall be:

(i) modified;

(ii) removed;

(iii) replaced; or

(iv) otherwise rendered inoperative;

in a manner wRi€fl that prevents the system from performing in accordance with its certification and design

specifications.

t41 (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing,

or noncertified components. The following requirements apply to a vapor collection and control system:

\At (i) All parts of the system wRi€fl that can be visually inspected must be checked daily by the operator of

the facility for the following malfunctions: .

fit (AA) Absence or disconnection of any component required to be used to certify the system.

W (BB) A vapor hose wRi€fl that is crimped or fiattened such that the vapor passage is blocked or

severely restricted.

fiii} (CC) A nozzle boot wRi€fl that is torn in either of the following manners:

fAA1 (aa) A triangular shaped or similar tear one-half (1/2) inch or more to a side or a hole one-half (1/2)

inch or more in diameter or length.

fBBj (bb) Slit one (1) inch or more in length.

tw1 (DO) A faceplate or flexible cone wRi€fl that is damaged in the following manner:

fAA1 (aa) For balance nozzles and nozzles for aspirator and educator assist type systems, damage shall

be such that the capability to achieve a seal with a fill pipe interface is affected for one-fourth (1/4) of the

circumference of the faceplate (accumulated).

fBBj (bb) For nozzles for vacuum assist type systems that use a flexible cone, having more than

one-fourth (1/4) of the flexible cone missing.

M (EE) A nozzle shutoff mechanism wRi€fl that malfunctions in any manner.

M (FF) A vacuum producing device wRi€fl that is inoperative.

fB1 (ii) Any defect in the system wRi€fl that is discovered in elause (A) item (i) will require the immediate

shutdown of the affected pumps until proper repairs are made.

fG1 (iii) A signed daily log of the daily inspection in clause (1\) item (i) shall be maintained at the facility.

t91 (iv) One (1) operator or employee of the gasoline dispensing facility shall be trained and instructed

annually in the proper operation and maintenance of a vapor collection and control system.

te1 (v) Instructions shall:

Date: Apr 30.2010 2:14:28PM EDT DIN: 20090e03·IR·326070353SNA Page 9
Indiana Register

(AA) be posted in a conspicuous and visible place within the motor vehicle fuel dispensing area for the

system in use at that station; TAe iAstr~elieAs sAall

(BB) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at that station;

TAe iAslr~slieAs sAall alse and

(CC) include a warning that repeated attempts to continue dispensing motor vehicle fuel after the system

has indicated that the vehicle fuel tank is full may result in a spillage of fuel.

\fl (3) Facilities subject to the requirements of s~llsestieA (e) subdivision (2) shall demonstrate compliance

according to the following schedule:

f'I-l (A) Six (6) months after promulgation in the case of gasoline dispensing facilities for which construction

commenced after the date of enactment of the Clean Air Act Amendments of 1990 (November 15,1990).

t21 (B) One (1) year after promulgation in the case of gasoline dispensing facilities wRiefllhat dispense at

least one hundred thousand (100,000) gallons of gasoline per month, based on average monthly sales for

the two (2) year period prior to November 15, 1992.

(31 (C) Two (2) years after promulgation in the case of all other gasoline dispensing facilities.

\41 (0) Any gasoline dispensing facility described in both e~ll~ivisieAs (1) aA~ (2) clauses (A) and (B) shall

meet the requirements of s~lldivisieA (1 ). clause (A).

tel (E) New facilities constructed after the promulgation of this rule shall comply with the requirements of

s~llsestieA (e) subdivision (2) upon startup of the facility.

tel (F) Existing facilities previously exempted from, but wilieIT that become subject to, the requirements of

s~llseelieA (e) subdivision (2) shall comply with the requirements of s~llseelieA (0) subdivision (2) within

one (1) year from the date the facility became subject.

ffi1 (4) Any gasoline dispensing facility that becomes subject to the provisions of s~llseslieA (e) subdivision

(2) at any time shall remain subject to the provisions of s~llseelieA (e) subdivision (2) at all times.

(A) UpeA req~eslll)' IAe agoAs)', IAe eWAor or eporaler ef a gaseliAo dispeAsiAg fasilily wAisA slaims Ie llo

elEempl frem IAe req~iromoAls of IAis soelieA sAall s~llmil roeer~s Ie lAO agoAsy ',\IilAiA IAiRy (2B) saleAdar days

from lAO dalo ef IAe req~esl wAisA demeAslrales IAallAe gaseliAe dispOASiAg faeilily is iA fael o"empl.

(i1 (5) Any gasoline dispensing facility subject to s~llsestieA (e) subdivision (2) shall retain copies of all

records and reports adequate to clearly demonstrate the following:

f'I-l (A) That a certified vapor collection and control system has been installed and tested to verify its

performance according to its specifications.

t21 (B) That proper maintenance has been conducted in accordance with the manufacturer's specifications

and requirements.

(31 (C) The time period and duration of all malfunctions of the vapor collection and control system.

\41 (0) The motor vehicle fuel throughput of the facility for each calendar month of the previous year.

tel (E) That operators and employees are trained and instructed in the proper operation and maintenance of

the vapor collection and control system.

(B (6) All records and reports required in s~llseslieA (i) subdivision (5) shall be made available to the 0§eA€Y

department upon request. All records shall be retained for a period of two (2) years.

tk) (7) Within forty-five (45) days after the installation of a vapor collection and control system, the owner or

operator of the gasoline dispensing facility shall submit to the ageAsy department a registration form, which

shall be provided by the department of environmental management, office of air maAagemeAl, wAieA quality,

that provides, at a minimum, the following:

f'I-l (A) The name, address, and telephone number of the facility.

t21 (B) The signature of the owner or operator.

(31 (C) The CARB executive order number for the vapor collection and control system to be utilized.

\41 (0) The number of nozzles, excluding diesel and kerosene, used for motor vehicle refueling.

tel (E) The monthly average volume of motor vehicle fuel dispensed.

tG1 (F) The date of completion of installation of the vapor collection and control system. Completion of

installation includes the successful passing of a vapor leakage and blockage test. A vapor leakage and

blockage test must, at a minimum, include the following:

tAl (i) A pressure decay or leak test.

tB7 (ii) A dynamic pressure drop test.

tG1 (iii) A liquid blockage test.

The results of these tests must be submitted with the registration form specified in this s~llseolioA.

subdivision.

tI1 (8) All vapor collection and control systems shall be retested for vapor leakage and blockage, and

successfully pass the test, at least every five (5) years or upon major system replacement or modification. A

major system modification is considered to be replacing, repairing, or upgrading seventy-five percent (75%) or

more of a vapor collection and control system of a facility.

(

(

(

Date: Apr 30,2010 2:14:28PM EDT DIN: 20090603-IR-326070353SNA Page 10
Indiana Register

(d) Upon request by the department, the owner or operator of a gasoline dispensing facility that claims

to be exempt from the requirements of this section shall submit records to the agency within thirty (30)

calendar days from the date of the request that demonstrate that the gasoline dispensing facility is in fact

exempt.

*This document is incorporated by reference. Copies are available for review and copying at the Indiana

Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor,

100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 lAC 8-4-6: filed Mar 10, 1988, 1;20 p.m.; 11 IR 2540; filed Aug 11, 1989, 1;40

p.m.: 131R 8; filed Nov 30, 1990,4:20 p.m.: 141R 605; filed Oct 28, 1993, 5:00 p.m.: 17 IR 332; filed Sep 18,

1995,3:00 p.m.: 191R 203; errata filed Dec 11, 1995,3:00 p.m.: 191R 674; filed Ju130, 1996,2;00 p.m.: 191R

3349; errata filed Feb 18, 1997,4:00 p.m.: 20lR 1738; readopted filed Jan 10, 2001, 3:20 p.m.: 241R 1477; filed

Aug 26, 2004, 11:30 a.m.: 28 IR 47)

Notice of Public Hearing

Posted: 0610312009 by Legislative Services Agency

An html version of this document.

Date: Apr 30.2010 2:14:28PM EDT DIN: 20090603·IR·326070353SNA Page 11
$ 158.84

Qequivalent lines at .434

.00

;hed in

General FQnn No. 99P (Rev. 2009A)

$,__-,1""58",.8,,,4

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANlA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

be heard, but for. tUe _

statements In wntln~ g account 1S wr~tt€n comments a 0 part ofthe same

·l!tj~a :ADADe~rtment COOrdinatpr . , Of EnVlrQnmental Managemen

n1,",~~I;s,'rA'II~84 . or ~all (3171 ~-1785. Sp.e~ch alnd}eari!l!ll.imlla,I~,rc,ca~\e{: cantlc t e agencY -Via the (l'llana R€jIW S " _ .A, on _ [811:743-3333. lease provld,e aminimum 0 I'l hours= no I"

licatlOll. . (S' 7/WIlHS<OOQ,1

: and figure work (50 per <:ent

!9JQr_each p'roofin ,exyess oftwo)

11 lines.• neither of which shall

fPe in which the body ofthe

lalent lines

07131/2009 and 0713112009

Additionally, the statement checked below is tr

Newspaper does not have a Web site.

7 Newspaper has a \'feb site and this pUblic

the newspaper

_ Newspaper has a Web site, but due to a tel

_ Newspaper has a Web site but refuses to f

Copies of: the Qraft and PfOjlosed,/u!es ate available: to ~!1Y perSOllr

IlI.lOn;rtl,QueSl ani.! are ava atM eJar publl1; mspection at the O!lowmQ'locatlOns:

Iljdiana f:eparlmeJlt o~'nVlronmentif Man!,m,~". Off~'te !If Air Qua !Ill, llldijnll oYernment ,Center, orth, ,vO prth ~~~ "'let Ie, Ott! oor-East wmy, In lanapol s; In Jan"

'''i,latly' S""i'''.A'."'" Oh.' North ""i'ol A"noe, Suil' 3:!b! Indianapolis, indiilna'4620.4.

Indiana D'~,a'In"llt , ~ran~~btUlt(!4~U, :'l

IndlaQa D.ep~['men' of '"I"nm,n.' ManaoemenI 2S"'th'

west Otfn:.e, 12(J,","th,-oVincSellMs Avenue, P.O. Box 1 8, Pe- tersburg. In lana 56 12,

Indial\ilDOlis .CentraI2library, 40 East 51. Clair Street, Indi· anapolls, Indiana 46 O{

HammQnd Public library, 564. Stale Slree~ Hammond, Indi- ana 463~O. . Alle:n,CplIotr,Publlc library, 9n.O Webster Street, Fort.Wayne, Indiana 46802.

EvansVille Varn:le.rburgh CQlInt'! Public library, 22 SE 5th Street, Ev.ansvm~ ffldlana 47708. .

""".d d~"'m. en.. "t, m".'r~~ ';.'."d .and do"h1oa~ed r"mIn; I\i(llan3 altrlient () nvlrQnmelJta~ MalJagement=s Web

SIte a$,e~. .8S'IlJl.e.Wee Dl:iQf to the meeting at http://IIl.gov/ldem'lTlG.htm. .

DATE: 07/3112009 Title: Clerk
Under40 CFR 51.102 no~ice is hereby ~lven 1ltaTiiiil-fiidTilllaAlr Po~HOllrcontrol Board lboard) will hold public hear-

\~§la~V~;:frWq[Jhft~~d\~r~3o~W;;t~?&iJ~~nJfgg~t:4 SfJ~~~[t ~fsh9iito h~Wiif:~~Jn'n~lZ,nrn~~l :'?'o~emJ"U~~~~ of the hearings IS to reee lie public comments prior to the proPQsed actions.,A}j Interested persons are inv7ted an wm be idven reasonable opportunity to express their VIOWS concemlnl{ the proposed actions.

g>t!~h~~i1~el~~~oan~~ proposed niles are available to any person upon reQuest and are available for public Inspection at

Indiana Department ,Office of Air Qualitv, Indiana Govern Senate Avenue,

Indiana Depart

F,rt Evansvhle 'Vanderbw.~h

Board documerlts may be vie ed and download~t site as early. as one week.prlor~o the meetlnl{ at http:l~.ln.ROVJideml471q.htm, '

The followin~ rules are Amendments to 'Rules Compound Emissi

~e;Ji~§s:s

Northetn "Office,

Sautlmest Office.

7~ra: '22 SE 5th Street

Department of Environmental ManaRement:s Web

a~~r ~~~~~\88p~:r~~~~~~nx~~:re~M~i~~ft&1s or sbem@ldem.!n.l!Ov.

Dlspensln~Faoilit1es,at 326 lAC 8·1·3 and 326 lAC bllc:comm~nt on amendments to 326 lAC 8·1·3 and

from undemround storaRe tanks when filled by he apPlicability of 326 lAC 8,4 to un.demound state-wlde a~ gasoline disoonsing faellitles that nthj It also l.l1Cludes speel~C ~ulde[jnes for the

nat onill emission .~tan~~"s_" ~r hazardO.:":'~':" _

(

(

For additional information concernlM this rule contact Manda Clevenger at the Ind!ana"Bepartment ofEri\fironlltentat----"~-'" .. ManaMme,n',O,',flce of lej(1,l1 Coun$-el, Room 1313, lridlanl): Government Center North, 100 NQrth Senate Avenue Indi- analXllls a {.:i 232-8229 or (800) 451·6027 (ext. 2-8229)(in Indiana), or mclevenR@idem.m,~v '

F,"'·hth~ hedarinl:~, qra[ stiitements wlU heard. but for the aocur<lCy of t/le record, please SUbmit statements in writing o e a"en ant aesll!na~e;d to recelve wntten commen!s at the public hearmg.

A tr',",SCriPi','hf the ~eari!]Rs and aU wdtten ,5ubmlsshms to the board at the public hearinj\S shall be open to public in. spec on a e Indiana Department of EnVironmental Mana~ement· c()pleli may-be ma~e available to any P.erson ulXln

~grl~:~.Yb~~£fa:t~~:l~:,edAnY person hear~ orr~pr~,nJ~o;!,!!uh~,M:M!mt.QU~~trnl!.,[Iotlce ~hafl be given written

Ganem! Form NQ, 99P

(ReV.2OO9A) ,diana Department of

The Journal Gazette

en County, India'na

Account # 1060944 - 745552

Ind Dept Of.Environmental Mgmt

a Relay SeNlce at 1·

745552

( 7/31/2009 ,

'jATION OF CHARGES

PUBLISHER'S CLAIM

~E ~dUNT , j;~~ij'~~¥I8~'~'" Display Master (Must not exceed two'actuallines, neither of whil Pursuant t 'h . , ' .- ': -', - , , . . tal' . . " a eprov-!son'sandpetlalties"ofIC5--111Q.,1 Jh 'b iP;', '" to mCire than foursohd hne's oflhe type in which the b( account is'just and~ofr~ct,~ihat~the '0 :,", ,';"". >~F" '" .8(~ :y~,!,!,'(hat,~el'fp~!'l'.g9i"tl'g

advertisement Is sel) - number of ~quiv-alentlines and thatno'part ofthe same has be' "m ,u~t clajrM~ is lega;lJy due, ~fter altowlng:all Just c(~dlts; Head _ number,of lines en paid,

~ody - numb~ of-lines, " I afs~,<:erti~ that ~ep,rjnted,matter ~t~Ctt~her£il~is,atl'lwcopy"ofthe l>~lme:cOlumn,width Tall - number of'lines and, type Size, whIch was dUly published In'sald'paper 1,ttm~. " "

Toml nUf1'jbefof Ilrres in notice The dates of publication being follows: '

Addition1iillY,Newspaper has a Web site and thIS, public notlcew~s'POSted on the sama day as it

was published in The Journal Gazette. '/ , .

--,-"c-Iry-y--:--'--L _
JOANN GALLUGAN

Notary Public

FEDERALID#

55·0870768

,;zoo9

The Evening News

221 Spring St. P.O. Box 867

JeffersonvIlle, IN 47130

General Form No. 99p (Revised 1999)

. . . .$--LoL7-'--'2"-7..L- _

My commission expires August 27, 2014.

PUBLISHER'S AFHDAVIT

State of Indiana )

) ss:

Clark County )

Personally appeared before me, a notary public in and for said county

and state, the undersigned Melissa TolilaY who, being duly

swom, says that she is legal bookkeeper of The Evening News

newspaper of general circulation printed and published in the English

language in the (city) of Jeffersonville in state and county aforesaid,

and that the printed matter attached hereto is a true copy, which was

duly published in said paper for / time , the

dates of publication bein as follows:

Y~

Subscribed and sworn to before me this ,7'.,,1 day of" .Iv;_ L ,20m

lit;'

pose ot this hearing is to re- ceive pubHc CQmment on

new ruies 326 lAC 8-18,

Synthetic OrganiC Chemical

Manulacluring Industry Air

Oxidaiion, D~llUation, and

Reactor Processes; 326

lAC 8·19, Conlrol 01 Volalile

Cllganlc ComPound Emls· '$iil.ilsf(~m?roi:>ess V!lrns in

a.,~tCh ge,~rl!ti9ns: 32fNAC 8.20, JnqlJS~r'lal Wast.ewa·

lar; and' 321:\ lAC S-21,

Aerospace. Manufaclulins.

and Re\\'O'lk' Operations.,

tha\art\ pr(jp:Q.s.e~. tQrnnal

adopllon'oy the' board;'

M1scenaneou~" m\1,lal.l!nd

plastic parts coatii'lg opera:

!ions; 326 lAC 8·2·10, Flal

wood panels, manufacturlng,operalions; and:328 lAC

8-5'5,. Graphic arts. 9P'era·

tions .that are p(Qeos:~,for

fliud tloPP.Il.i:ij( ','tiY;'dJ:l~' b&ar{j,; . . ", .. '",'-

~.e~v

AI3PUol1ably

T~ch~

Vola·

ound

(VOq.). 'Emls~lons from

Synthetic Organic ChemlInSi PrliltlflQ,;:"a,i:j~,'~GrllPhic;; ( cal ManufacturIng Indus· ArtS Ope{atiOIlS . ([$'t( , SOeMI); Industrial #09:-22,0). :,:rhe.pprpOS(r ofl~' . , '.. ,', .. 'this:, Marll)I!-,I!",to::reee1V,E!:. ",

piJtiliq;,comment qndullend':'

meilts,:fo 32(>' lAC 8:1.0':$;\

DefiOi.tlot1S;'326 lAC 8·1·2,

Compliance methods; 326

lAC ,8·14, Tesling procedures; 326 lAC 8-2-1, Ap..

plioa~iHty; 326 lAC 8-2-2,

Aut(lfl1obile .and fight duty

truC)f'. CQaling operations;

32'6' lAC 8'2-5, Paper coal- in operalions; 326 lAC 8-

2

legal Notice of PUblic The propose<! rules would Th,!, propo~C1 rules y;ould or a(,\lji~iona\ information HearIng updateeXislln9 vaG RACT flmit emissions of vOlaUie O!1cem1ng t\11$ (Ule CQntact

Under 40 CFR 51 102 no- rogulaliO!'l$ in Lake and 0lgal110 compoullds (VQG) Aanoa Clevenger at the \~-

liCe-is hereby given Ihallf1e b Porler ~un\les. both cur- <\C,lrom . Synthetic G:rganic jiene Department ot Ern.. htdiana Alrf'otlutiol1 Con- rently deSignated as moder· Chemtcal Manufacluflllg In- :onmen\al Management,

trot Board (board) will hold / ate nonaltainmel1t afeM 101 Lduslry Air OXidation, Oislil-qllice of LeQel counsel,

public hearings at ilpegu- the a·hour sta.mIard fOI lallon, and Reaclor PfO?" Room 1313, Indiana Gov- From.. larly scheduled meetil1!fon ~ozQl1e (85 ppb) 111 oroar to . esses, Process Vents m emmenl Center North. 10?

WednescW.y, September2;, secure reOOslgllallon ap- !;lalch Operations, Industrial Norlt\ Senale Avenue, lndl2009,The meeting wilt-con- 'dflj provel ~y U.S. EPA conSIS<' V>f<1.Stew~r, 'and A~.~o- anapolis al \317) 232'6229

ve:ne at.1:00p,m. al llie In- , llent, "':Ith current federal or (800) 451-6027 (ext. 2-

dianll.' Gover:nment- cenler- regulallOf!~":·. . [S: 8229)(in Indiana), or $i)lrth Coilfer¢l1ce' ,Boom For .adtlilional Information ! Y.lif\g@jdem\og<>V

A 402 West W$.sfjing\On concemi~ihis rute CQ~tact For \h(l$e he;lIings, oral

s::ii:e?t" ,lndianaRolis; 1001· Sosarr· Bern at Ihe: Indiana . slatemen~ W\U be heard,

ai¥l;,The' pUrpose of, \he ttOepartment of Enwonrnen- ed blll for Ilie aoo.uffiCV'- 01 the ~hall liIa~ngs";l$,to're<;eive:pu.bl[c 1 I~l' Management, Office of record, please submit slate-'

oP.mm.entse:fl;lio.r t.o the: pr.,0- onLe.ga~tl"Counsel. Room 1313, in ments in. w.,.mng to the at- PG5;OO<liC\l<i;l$.All!nieres1- Indiana Government center • teridenl' 9eslgnated to reo

9,fl'iAArs:onsiore i~viled; a,nd ;eI ~rth. 100 ~orth Senate n 1 ceive w~ilten <:<>mments at • ""~."'''''':):''''''';Pt' . Avenue, lndlanapofis al the publicj)eartng. ,

Head -- niImt(317) f!33,5697 or (8°9) .. '. !j.ddffional Alianscr1Plol,lt1eh~anl'lgs. , .451-6027 (ext. 3'-5697)(m In· and a:u:wtiuen slIbmlss1o,t:S

Indiana), or, to the'board at Ihe public

shf!m@!demlngov. hearings shaU,be open to

IeDevelopment of New publiC Inspection at the lndlRoles Concerning ~ppl!- ana Department'of Environ' 7j ., " :r callon of Reasonably • mental Managemenl; cop- w ol. <?\

o<!4'iws pl1rt(jl'lltyco~rnlng to expressthe their pro' _ nology, Available(~ACT) Control for .voli"- Tech· _ ' _ ies to any

may person' be madeupon available pay' _ ================_

p?wd actions. (tHe OrgMlo Compollnd ment 01 reproduction costs.

(:''f:PPi:eS of the drall and pro· (VaC), Emissions from Any person heard or repre-

'llosed rules are available to Off*t lithographiC Print- I. Ii sented at the hearing or r.e-

..;?:~y" p,erson. upon requ~ C lngandLetterpress Prlnt.a quGStihg no~C'e- wall be glv,

.and,'are aVallable for publiC [lng, Industrial Solvent" en written notice of the eo- )£IS~UOn at the following CleanlngOperatlons, and" • tlOllolthe'tiOard.

j:lW~tIOf\S; 1Mlseeltaneous IndustrJalni • \\! Nancy King, Chief", .

'Indl3.ha Department 01 En· Adhesives (LSA '09·221). Rules,[)/,:yl1lopmentB@JlCh

=~~ta~ir ~~I?:.~~~:)I~n;tur=l~eOf;~~I~e~~ • • - ~;~\;.e»~I~,~~.~,~~~••••• , •••••• _

(lIM Government Cenler· r men! on new rules 326 lAC If )fC .,;~~~':""~"~~"j~~"~"""'''''''' North, 100 North Senate 8.16" Offset L~hOgraphlc ; , .

Avenuo, 10th \loor-East:, Printing end telterpress

wing, Indianapolis. Indiana Printing; 326 lAC 8-17, In·

14£204. [ duSlrtal Solvent Cleaning

LegislatiVe $eM(:eS Agen· Operations. and 326 lAC 8-

q. qne Noll,h Capltol Ave- :22i:Mlswllaneous Industria!

-!;tjU.~i~,.~\l!!e'325, lJ1dIa:IlIlPo-'p-ttdhe$lves that are pro-- lis·klf'1~l.a~,:4~2Q4." . .' posed for final. adoption

!~~farlf,pep.W"\menl.or En· by the board. vlronlriental Management, The proposed

Northwest Office, 8380~lrtlles' would apply reasona· 5 lOUIsiana Sireet, Merriil- bty aV3i!able CQnlrol tech·

vllte, Indiana 46410, nology (RACT) to limit t Indiana Department of En'lSemissions of voialila organ- w v!rOl1ll\enfal Mana~e,ment, Ie compounds (VOC) from 3

Northern Of!lce, 'SuM 450, Offwt Ulhogmphlc Printing of 326 IAca4'd,

300" N.. Michigan SIreet7 end'letterpress printin'g, In· 91

South Bend, Indiana 46601. dus\rlal Solvent Cleanif't\:! er Indiana Department ot En- and· Mis(;eilaneous Indusjti· gr

vironmentalManagemenl, a! AdheSives Opetations.·iri

p ~~I'i~f~ce~~i\ve~~~ l,liike and Porter Coun~e,S;:i_

P,O. Box 128, Petersburg,

Indiana 47!.i67-0128. . f'

I

lndianapoljS .centrol Li· a bral)(i40: East ,Sf. Glafr

Sttee~ lndianapojfs;'lndiana

4@Qlt

~1'l'\()fItlP(Jb!ic Ubrary,

~:, ~41e Stre,et. Hamroo\"ldj Indiana 46320.

Al1erl:\19U!1\Y PubflCLibrary,

DWO".Wegster',Sl\eej" Fort;

Wa'Y,Cl£;; Ih'dlanll.46802. -'..

-County Evan!>Vil\e '1V.:.~",!!~~,e~;;,~' SE 5th

Ii]<;llana
."; '. r,; ·o;"·'r·'·

..',,'

'Jr.prm ,pr'~s¢ribed by' State Board of Accounts

'7'\ ",f'~-,'C,' fl,7 ' ,'";,, ~~~.~.-:::R::.o",."l.,/.-~'-I---:,-::-;c-:-~~-C.

,; .i . ,'.G.overnmental Unit)

Lake County
I Prescribed by State Board ofAccounts 81956-5544759 General Fonn No. 99P (Rev. 201

IND DEPT OF ENVIRONMENTAL MGMT

MARION COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX

INDIANAPOLIS, IN 46206-0145

ither ofWhich shall

'ch the body ofthe

s

ent lines at .434

$ 114.58

e worlc (50 per cent

h proofin excess oftwo) .00

$ 114.58

'0-1, I hereby certifY that the foregoing account is

r allowing all just credits, and that no part ofthe same

"at the printed matter attached hereto is a true copy, ofthe Same column width and type size,

u y pUblished in said paper Itlmes. The dates ofpublication being between the dates of:

09/29/2009 and 09129/2009

Additionally, the statement checked below is true and correc!:

Newspaper does not have a Web site. .

;;/Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper

_ Newspaper has a Web site, but due to a techuical problem or error, public notice was posted ori _

_ Newspaper has a Web site but refuses to post the public notice.

DATE: 09/29/2009 Title: Clerk
Prescribed by State Board of Accounts General Form No. 99P

(Rev.2009A)

(

77.08

77.08

$

$

188

Account # 1060944 - 762900

Ind Dept Of Environmental M9J,

·which shall

,body 01 the

,,'

r' or caU (317) 233-1·785; Speech and hearin~ impI;lired callers may contact the ae:ency vIa the Indiana Relav Serv·

i<;e at 1-800-743-3333. PleaseprQ- vld~ a mimmum of 72 hours", notifi- cation.

9-·28 762900

Ie amount) mental Managemen\. d a

~~~~~~ ~~r!~ aNcith, . . Senate Avenue !lld\·a at {3m Jbhcatlon 232.8229 or 1800 27 (ext. . 2.8229l(in Indiana). Of f In excess of two) mcleven~ldem.in.,Ii(ov

Indiana Erwkonmenta! Assessment, 326 lAC Hi·l (LSA # 0~;2081. T.he . OF CLAIM purpose of tills healing IS to receIVe public comment on amendmenf~tfP 326 lAC 16 that ale pro~ ';IJi nat adop ~nyA'ea{6· ~nc~rn~r;r.

~f Ii"~~~~~ ~1"Zt~~:~~ as .... 9.8 Size oftype .... 7point.

f~~~Ja,W;~fl~~ ~~: ncerninR ~~ _

at the In- onmental

ov~~::'~~f 1d penalties of-IC 5-11~10~1. I hereby certify that the foregoing Senate Ave-· • •

or (ext.13~~~~71fJ~ i amount claimed is legally due, after allowing all just credits,

Ind em.io.R:OV. :!len paid.

~% ~e~:a::r{}~Mori~! a~~~~~~n~ . •. l\1e r~<;ardi Please submit stat~men, IdS natter attached hereto is a true copy, of the same column width In wntlng 0 tile attendant deSll'(fla e to r~eive .written comments at the shed in said paper 1 times. public heannl!.

9/28/2009

The dates of publication being as follows:

Alien County, Indiana

~O( ad<:lltlonal information concern·

~~~~~ifnrd\l:ni°l%~a~~1~f~ri;I~~~: mental Management. Office. of ~l1:al

~~~~~lt' ~~~r l~~h. tnfowaN07tt; Senate Avenue/ l,ndlan,'PP,'.",',',",!',' 232-8229 or \8 0) .51- 'Ox. 2-8229}(in Indrana). or mcleveng@idem.in.Rov

Amendments to ilie StaRe VWr Recovery M~MuI'1lS for Gasohne Dis- pensing faCIlities at 326 lAC 8-1-3

and 326 lAC 8-4. (LSA 1107-353)

~~:t:ur~b~c ofc~~~~~rri~~ j~~Oe~a: ments fo 326 lAC 8-1-3 and 326 lAC 8-4 that are proPOse<! for final adop-

~t~l'(~Ylh~abof1· overy refel~ to the

f::N~c . an \'<hen filled The draft

~~1~ :f2~-lA.~ ~~ 4 to un erWQund staraj!e tanks With a storage caPa.citv i!reater.tllan 250 Ral~ Ions state-WIde at gasolm facilities that have a moo throughput tllat ex Ions per month. It

~i~3bguJ~e~:r1~1 'gr . ply w71h ~he area natlOn.a emission ards fO( hazardous air tlO.lllllal'!ts gory. gasolme diSments orior to the oro AU interested persons are \VH! be Riven reasonable appqrtuOltv to express their views concemmg the

proposed actions.

legal /'lotice of Public Hearine

Under 40 CFR 51.102 notice is here·

~~nB~:r~t~60~~3\a~~UAA~fdo~~~ft~

~~a:ifri~S ~t~~~n~~~I:.rINo~i~b~~I~~ 2009.l)-he meetin,g will convene at tile Indiana Government oference Room. A,

the pur. pose 0 the vetllcle ns~tion and maintenance prowam in Lake and Porter Counties. amend the deflnitjon af antique vellicte in order to provide a lLmited. ~x~mptlon.

Indiana Department ot Environmental Mana~ment. Northern Office, Suite

~~~a. l~~i~a ~~l,hJl~n Street. South

Indiana Department of Envirol'lmental

~~~~l!e~;gJn~gsllt~~~~~ffi~~,l ~;~ 6I~8. Petershum, In~lana 47567·

IMianapolis Central ltbc'ar:v, 40 l!ast ~fu2~~~r Street, Indianapolis, IndIana

Hammond Public Library. 564 State Street. Hammond, Indiana 46320. Allen County P~blic Library, 900 X'gB5~~ Street. Oft Wayne, Indiana

tr~~~~I~l§~dW~uffi~e~ug~ts~~I~~ Indiana 47708.

Board documents rnay be viewed and dOVffltoaded from the Indiana Depart· ment of Environmental Management=S Web site as early as

~rt~Ji~~~a.~~/!~~rW!}ti~hat~.

The _following (Utes are noticed for hearlnR and acliOl1:

~~~~~~~~~ ~~le~1Q(lnLS:ec~~~ ~~~ ter Caun(ies at 3~6 lAC 13-1.1 (Anti·

~~~) Vt~~t~u?;o~i~1nlilis(~~~ri~~~~ to r . . d-

.. R.. or final

Additionally, Newspaper has a Web site and this public notice was pos~ ~_e same_dataS it

was published in The Journal Gazette. 1\ \1''\J-..4\~\-W\

Date: September 28, 2009

T. Brown~Srnith

Legal Clerk

(
./71/);'

·..J/lI....o·"· ..~.f. .L..7..

General Form No. 99P (Rev.

RECEIVED

STATE OF/NOlANA

OCT () 2009

DEPARrnJEurOf ENWRD/iMHlTAl MAIIAGEME~

OffICEOfNfl QIIAlfIY

To:

THE EVENING NEWS

221 SPRING STREET

JEFFERSONVILLE. IN 47130

~~.'~v.L~ Legal Clerk

., ..... N~wspaper does not have a Web site.

...k-Newspaper has a Web site and this public notice was posted on the

the newspaper.

N~wspaper has a Web site, but due to technical problem or error, public notice was posted on

Newpaper has a Web site but refuses to post the public notice.

Additionally, the statement checked below is true and correct

........................o~

Prescribed by State Board of Accounts

Ie> \-6C\ Date ) .

A

T

T
(

(

General Form No. 99P (Rev. 20C

$ .63./5

....-(

---------------------- ..·u··········lj _,._,.c . $ 0.,./...

'If- .JO;)q ISJ

.0 point.

--------- .

that the foregoing account is

redits,and that no part of the same

5 2009

Kate Stephens ?::1. /~~~)~") .....J. -~.

Tilie: Legal Clerk

601-45th Avenue, Munster, IN 46321

RECEIVED

STATE OF INDIANA

OCT

DEPARTMENTD\.lIlV1RllWIJ'~.wJIWffi","'-'IT

VFfitE I1f'Alll tllllllff..,'U"",;" pany

PUBLISHER'S CLAIM

aperdoes not have a Web site.

aper has a Web site and this public notice Wi'S posted on the same day as it was published in

newspaper.

aper has a Web site, but due to technical problem or error, pUblic notice was posted on ..

aper has a Web site but refuses to post the pUbJic notice.

, the statement checked below is true and correct

DateOd:D..~ .l. ,.M1

I
Prescribed by State Soard ofAccounts General Form No. S9P (Rev. 2009A)

XI16 lnd Dept Environmental Mgmt

(Governmental Unit)

To __-,Eo.!V!:A",N"S"-VI",L",L!oE-"C",O",U",R",IE",R,..&",-"P"R",E,,SS""-..__

79.30

$ 79.30

point

PO Box 268, Evansville, IN 47702

is a true copy, of the same column width and type size,

times. The dates of publication being as follows:

Title

County, Indiana

,:IY' the statement checked below is true and correct:

Newspaper does not have a Web site. tNewspaper has a Web site and this public notice was posted on the same day as it was published

:~ in the newspaper.

Newspaper has a Web site, but due to technical problem or error, public notice was posted on ......

Newspaper has a Web site but refuses to post the pUblic notice

VANDERBURGH

Date

ATTACH COPY

OF ADVERTISEMENT