INDIANA D EPARTMENT OF E NVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

Michael R.·Pence 

Gow:nwr 

Ms. Susan Hedman 

Regional Administrator 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard 

Chicago, IL 60604-3950 

Dear Ms. Hedman: 

April27, 2015 

Thomas W. Easterly 

Commlsslouer 

Re: State Implementation Plan Revision for 

Clark/Floyd Counties and Lake/Porter 

Counties, Indiana for Removal of Stage II 

Vapor Recovery Systems 

The Indiana Department of Environmental Management (IDEM) has prepared a 

revision to the State Implementation Plan (SIP) for Clark and Floyd counties in southern 

Indiana and Lake and Porter counties in northwest Indiana in conjunction with Stage II 

Vapor Recovery Systems (VRS) and a non-interference demonstration consistent with 

Section 11 0(1) of the Clean Air Act to support the discontinuation of Stage II VRS for 

these counties. 

This amendment consists of revisions to existing rule at 326 lAC 8-4-1 and 326 lAC 

8-4-6 accomplished through one rulemaking. IDEM requests that the United States 

Environmental Protection Agency (U.S. EPA) approve 326 lAC 8-4-1 and 326 lAC 8-4-

6. IDEM is not requesting any action be taken on 326 lAC 2-11 -2. 

This submittal consists of one (1) hard copy of the required documentation. An 

electronic version of the submittal in PDF format that is identical to the hard copy has 

been sent to Chris Panos at the U.S. EPA Region 5 office. In order to assist with your 

review of this state implementation plan submission, a list of supporting documents is 

attached. I request that U.S. EPA approve this modification of Indiana's state 

implementation plan. 

IDEM provided an opportunity for a public hearing concerning the draft Request for 

State Implementation Plan Revision to Remove Stage II Gasoline Vapor Recovery 

Systems Clark, Floyd, Lake, and Porter Counties, Indiana, if a request for a public 

hearing was received by April 8, 2015. A hearing was tentatively scheduled for April 15, 

2015. No request for a public hearing was received and the hearing was cancelled. 

An Equal Opportunity Employer 0 <i) Recycled Paper A State that Works 

-
Ms. Hedman 

Page 2 

IDEM received no comments during the public comment period either, which concluded 

April 22, 2015. 

Attached hereto are the rulemaking documents for the SIP revision and the noninterference demonstration. The attached documents consist of the following: 

Attachment A: Administrative Checklist (40 CFR 51, Appendix V) 

Attachment B: Final Rule. LSA Document #12-636(F) as published in the Indiana 

Register on March 4, 2015, DIN: 20150304-IR-326120636FRA 

Attachment C: Signature Page 

Attachment D: Second Notice, including the Notice of Public Hearing, as published in 

the Indiana Register on November 27, 2013 (DIN: 20131127-IR-326120636SNA) 

Attachment E: Certificates of Web Publication 

Attachment F: Transcript of First Public Hearing held on September 10, 2014 

Attachment G: Proposed Rule, including the Notice of Public Hearing, as published in 

the Indiana Register on October 1, 2014 (DIN: 20141001-IR-326120636PRA) 

Attachment H: Transcript of Second Public Hearing held on November 12, 2014 

Attachment 1: Technical Support Document for the SIP Revision for Clark and Floyd 

counties and Lake and Porter counties, Indiana; including a Section 11 0(1) noninterference demonstration. 

With the following appendices: 

A. Indiana Widespread Use Analysis 

B. Offset Emissions Documentation 

C. Revocation of Part 70 Operating Permit for the State Line Energy Facility 

D. Facilities Requesting Exemption from Stage II Requirements Under Indiana 

Nonrule Policy Document Air-036 

E. Public Participation Process 

If you have any questions or need additional information concerning this matter, 

please contact Mr. Brian Callahan at (317) 232-8244 or bcallaha@idem.IN.gov. 

KB/bec 

Enclosures 

Sincerely, 

~L (b~ Keith Baugues 

Assistant Commissioner 

Office of Air Quality 
Ms. Hedman 

Page 3 

cc: Frank Acevedo, U.S. EPA Region 5 (w/ enclosures) 

Carolyn Persoon, U.S. EPA Region 5 (w/ enclosures) 

Steve Rosenthal, U.S. EPA Region 5 (no enclosures) 

Scott Deloney, IDEM (w/ enclosures) 

Brian Callahan, IDEM (w/ enclosures) 

Christine Pedersen, IDEM (no enclosures) 

File Copy 
A 
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

I. The submittal is accompanied by a formal letter of submittal Enclosed 

from the governor or his designee. 

2. Evidence that the State has adopted the plan in the State code Attachment C 

or body of regulations; or issued the permit, order, consent 

agreement ("document"); in final form. 

a. Date of adoption or final issuance: November 12,2014 

b. The effective date of the plan, if different March 5, 2015 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority IC 13-14-8 

under state law to adopt and implement the plan. 

4. A copy ofthe actual regulation or document submitted for Attachment B 

approval and incorporation by reference into the plan, 

including the following: 

a. Indication ofthe changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effective date shall be stated 

in the document itself. 

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

Attachment C 

6. Evidence that public notice was given, including date of Attachments D, E, and G 

proof of publication. 

_X_ Notice of First Public Hearing and Publisher's Affidavits 

X Notice of Second Public Hearing and Publisher's Affidavits 

7. Certification that public hearings were held in accordance 

with information provided in public hearing notice. 

_X_ Transcript from First Public Hearing 

_X_ Transcript fi·om Second Public Hearing 

8. Compilation of public comments and State's response. 

X Second Notice 

_X_ Proposed Rule 

9. Technical Support Document (if source specific change). 

Attachments F and H 

Attachments D, F, G and H 

Attachment I 
B 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Final Rule 

LSA Document #12-636(F) 

DIGEST 

Amends 326 lAC 2-11-2, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage II vapor recovery system 

requirements. Effective 30 days after filing with the Publisher. 

HISTORY 

First Notice of Comment Period: December 12,2012, Indiana Register (DIN: 20121212-IR-326120636FNA). 

Second Notice of Comment Period: November 27, 2013, Indiana Register (DIN: 

20131127 -IR-326120636SNA). 

Notice of First Hearing: November 27, 2013, Indiana Register (DIN: 20131127-IR-326120636PHA). 

Change in Notice of Public Hearing: January 29, 2014, Indiana Register (DIN: 

20140129-IR-326120636CHA). 

Change in Notice of Public Hearing: July 23, 2014, Indiana Register (DIN: 20140723-IR-326120636CHA). 

Date of First Hearing: September 10, 2014. 

Proposed Rule: October 1, 2014, Indiana Register (DIN: 20141 001-IR-326120636PRA). 

Notice of Second Hearing: October 1, 2014, Indiana Register (DIN: 20141 001-IR-326120636PHA). 

Third Comment Period: October 1, 2014, Indiana Register (DIN: 20141001-IR-326120636PHA). 

Date of Second Hearing: November 12, 2014. 

326 lAC 2-11-2; 326 lAC 8-4-1; 326 lAC 8-4-6 

SECTION 1. 326 lAC 2-11-2 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 2-11-2 Gasoline dispensing operations 

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

Affected: IC 13-15; IC 13-17 

.. Sec. 2. (a) This section applies to retail or commercial gasoline dispensing operations that: 

(1) meet the conditions specified in subsection (b); and 

(2) demonstrate compliance as specified in subsection (c). 

(b) To limit potential to emit as provided in section 1 (c) of this rule, the following conditions are applicable to 

sources depending on their location: gasoline dispensing operations shall comply with the following 

conditions based on an average monthly throughput for the last twelve (12) months: 

(1) For sources located in Glarl< or Floyd County, the source: 

(A) flits its storage tanl<s by vapor balanced fill; 

(B) has a Stage II vapor recovery system; and 

. (G) dispenses less than five million three hundred seventy sil< thousand (5,376,000) gallons of gasoline 

during an average month based on the last twelve (12) months. 

(2) For sources located in Lalm or Porter County, the source: 

(1\) fills its storage tanl<s by vapor balanced fill; 

(B) has a Stage II vapor recovery system; and 

(G) dispenses less than one million three hundred forty four thousand (1,344 ,000) gallons of gasoline during 

an average month based on the last twelve (12) months. 

(3) For all other sources, the source uses: 

tA1 (1) For the splash method for filling storage tanks, and dispenses the operation shall dispense less than 

six hundred eighty-eight thousand (688,000) gallons of gasoline. 

(B1 (2) For the submerged fill method for filling storage tanks, and dispenses the operation shall dispense 

less than eight hundred thirty-three thousand (833,000) gallons of gasoline. 

tGJ (3) For the vapor-balanced fill method for filling storage tanks, and dispenses the operation shall 

dispense less than one million two hundred eighty-two thousand (1,282,000) gallons of gasoline. 6f 

f8j (4) For an operation that uses the fill vapor-balanced fill method for filling storage tanks, and has a stage 

II vapor recovery system, and dispenses the operation shall dispense less than five million three hundred 

seventy-six thousand (5,376,000) gallons of gasoline. 

during an average month based on the last tvmlve (12) months. 

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(c) SeHrees Gasoline dispensing operations electing to comply with this rule must be able to demonstrate 

compliance oo not later than thirty (30) days after receipt of a written request by the department or the U.S. EPA, 

as follows: 

(1) The owner or operator of a gasoline dispensing S8llf6e operation shall demonstrate compliance with 

subsection (b)(3)0"•), (8)(3)(8), er (b)(3)(G), (b)(1), (b)(2), or (b)(3) as applicable. 

(2) The owner or operator of a gasoline dispensing seHree sHbjeet te operation described in subsection 

(b)(3)(D) (b)(4) shall demonstrate compliance with subsection (ll)(3)(D) (b)(4) and 32@ lAG 8 4 e(a) tMreHgA 

32@ lAG 8 4 e(El), 32@ lAG 8 4 e(f), aREl 32@ lAG 8 4 88) IAfSH§A 32@ II',G 8 4 e(FR). 326 lAC 8-4-6. 

(3) Tee ewRer er e~erater ef a gaseliRe Elis~eRsiRg seHree sHbjest te SHbseetisR (b)(1) er (b)(2) sMall 

EleFReRstrate esFR~IiaRee witM sHbseetisR (b)(1) er (b)(2), as a~plieable, a REI 32@ lAG 8 4 e. 

(Air Pollution Control Division; 3261AC 2-11-2: filed May 7, 1997, 4:00p.m.: 20 IR 2316; filed Aug 2, 2004, 3:25 

p.m.: 271R 3956; filed Feb 5, 2015, 1:29 p.m.: 20150304-IR-326120636FRA) 

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 sf !Me ty~es as described in the applicable section of this 

rule and located in the following counties: 

(1) Clark. 

(2) Elkhart. 

(3) Floyd. 

(4) Hendricks. 

(5) Lake. 

(6) Marion. 

(7j Porter. 

(8} St. Joseph. 

(b) Sections 4 through 7 and 9 of this rule apply to sources eflee !y~es as described in the applicable 

section of this rule and located in the following counties: 

(1) Boone. 

(2) Dearborn. 

(3) Hamilton. 

(4) Hancock. 

(5) Harrison. 

(6) Johnson. 

(7) Morgan. 

(8) Shelby. 

(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. 

(d) Section 6(a) and 6(b) of this rule apply to any gasoline storage tank at a gasoline dispensing facility with a 

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

(e) Unless a stage II vapor recovery system is decommissioned in accordance with section 6(d) of this 

rule, a gasoline dispensing facility with a stage II vapor recovery system in the following counties shall 

co.mply with section 6(c) of this rule: a~~lies te gaseliRe Elis~eRsiRg feeilities as EleseribeEl iR sootieR e(e)(1) sf 

IRiS FHie aREllseateEl iR: 

(1) Clark. 

(2) Floyd. 

(3) Lake. 6f 

(4) Porter. 

GeHRiy. 

Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR-326120636FRA Page 2 
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(f) Section 6(d) of this rule applies to a gasoline dispensing facility with a stage II vapor recovery 

system that plans to decommission the stage II vapor recovery system. 

{Air Pollution Control Division; 326 lAC 8-4-1· filed Mar 10, 1988, 1:20 p.m.: 11 IR 2538; filed Aug 11, 1989, 1:40 

p.m.: 131R 7; filed Apr 23, 1999, 2:12p.m.: 221R 2855; readopted filed Jan 10, 2001, 3:20p.m.: 24/R 1477; filed 

Apr 15, 2010,4:05 p.m.: 20100512-IR-326070353FRA; filed Feb 5, 2015, 1:29 p.m.: 

20150304-IR-326120636FRA) 

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) The 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 the facility was operating. · 

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

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

having a vapor recovery and removal efficiency 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 13aei(~Fessum pressure drop 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 

(E) underground piping; 

at prescribed flow 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; 

(D) 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 of nine hundred forty-six (946) liters (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 sole 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"*. 

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(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 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; 

(D) manages; 

(E) supervises; or 

(F) controls; 

directly or indirectly, a gasoline dispensing facility. 

(15) "Pressure decayor 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 GARB 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: 

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

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

(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 

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. 

(B) Either a pressure relief valve set to release at not less than seven-tenths (0.7) pounds per square inch or 

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

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

manufacturer's specifications. 

(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 

(B) operating according to manufacturer's specifications. 

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

. (1) Unless a stage II vapor recovery system is decommissioned in accordance with subsection (d), the 

provisions of subdivision (2) shall apply to any gasoline dispensing facility that has a stage II vapor recovery 

system and is located in any of the following counties: 

(A) Clark. 

(B) Floyd. 

(C) Lake. 8f . 

(D) Porter. County mteept if t~e §Osoline dispensiR§ facility: 

(!\)dispenses an aveFa§e I'AOR!~Iy volume of less !~an ten t~ousaAEI (10,000) §allons of §asoline per mont~; 

8f 

(B) is OR indef!eRdent small eusiness ma,<J(Q!er of &asoline who Elispenses an a>'OFa(le mon!Ai)' vslume sf 

less !~an fifty t~ousand (80,000) gallons of §osoline fieF I'AoR!~. 

(2) Ne An owner or operator of a gasoline dispensing facility with a stage II vapor recovery system shall 

cause or allow t~e dispensing of motor ve~iele fuel at any time unless all motor ve~iele fuel dispensing 

opeFations are equipped wit~ and utilize a certified vapor collection and control system that is properly 

installed and operated as follows: 

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

Date: Mar 05,2015 8:28:36AM EST "DIN: 20150304-IR-326120636FRA Page4 
Indiana Register 

{i1 has been certified by CARB. afl<l 

(ii) meets !he !es!iAg requiremeA!s s~eeifieEl iA susElivisieA (7)(F). 

(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. 

(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 that prevents the system from performing in accordance with its certification and design 

specifications. 

(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: 

(i) All parts of the system that can be visually inspected must be checked daily by the operator of the facility 

for the following malfunctions: 

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

(BB) A vapor hose that is crimped or flattened such that the vapor passage is blocked or severely 

restricted. 

(CC) A nozzle boot that is torn in either of the following manners: 

(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. 

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

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

(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). 

(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. 

(EE) A nozzle shutoff mechanism that malfunctions in any manner. 

(FF) A vacuum producing device that is inoperative. 

(ii) Any defect in the system that is discovered in item (i) will require the immediate shutdown of the 

affected pumps until proper repairs are made. 

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

(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. 

(v) Instructions shall: 

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

system in use at that station; 

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

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. 

(3) Faeili!ies suiJjee! !e !he requiremeR!s sf susElivisieR (2) shall ElemeAs!ra!e eem~liaRee aeeerEliRg !e !he 

felle•.viRg seheElule: 

(A) SiJe (6) meR!hs alter ~remulga!ieR iA !he ease sf gaseliRe Elis~eRsiRg faeili!ies fer whish eeRs!rue!ieR 

eemmeReeEI alter !he Elate sf eRae!meR! altho CleaR Air /\e! AmeREimeR!s ef1998 (~levemser 1 §, 1998). 

(B) ORe (1) year alter ~remulga!ieR iR !he ease sf gaseliRe Elis~eRsiRg feeili!ies !hal Elis~eRse a! least eRe 

huREireEI !heusaREI (1 88,888) galleRs sf gaseliRe ~or meR!h, saseEI SA average meR!hly sales fer !he !we (2) 

year ~erieEl ~rier !e ~levemser 1 §, 1992. 

(C) :PNe (2) years alter ~remulga!ieA iR !he ease sf all ether gaseliRe Elis~eRsiRg laeili!ies. 

(D) 1\Ry gaseliRe Elis~eAsiAg laeili!y EleseriseEI iR seth elauses (A) BREI (B) shall meet !he requiremeR!s sf 

elause (A). 

(E) ~lew feeili!ies eeRs!rue!eEI alter !he premulga!ieR sf !his rule shall eem~ly with !he requiremeR!s sf 

susEiivisieR (2) ups A s!ar!u~ sf !he faeili!y. 

(F) EJeis!iRg faeili!ies ~revieusly eJeem~!eEifrsm, su! !hal sesame suiJjee! !e, !he requiremeR!s sf susEiivisieR 

(2) shall eem~ly with !he requiremeA!s sf susEiivisieR (2) wi!hiR eRe (1) year frem !he Elate the feeili!y 

sesame suiJjee!. 

(q) ARy gaseliRe Elis~eRsiRg laeili!y !hal sesames suiJjee! !e !he ~revisieRs sf susEiivisieR (2) a! BAY time shall 

remaiR sulljee! !e !he ~revisieRs sf susElivisieA (2) a! all limes. 

tel (3) Any gasoline dispensing facility subject to subdivision (2) shall retain copies of all records and reports 

adequate to clearly demonstrate the following: 

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Indiana Register 

(A) That a certified vapor collection and control system has been installed and tested to verify its 

performance according to its specifications. 

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

requirements. 

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

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

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

vapor collection and control system. 

f61 (4) All records and reports required in subdivision t§1 (3) shall be made available to the department upon 

request. All records shall be retained for a period of two (2} years. 

(7) Witl9in ferty five (1€i) days after tl9e installation ef a vaper eelleetien and eentrol system, tl9e ewner er 

eperater ef 119e §aseline dispensin§ faeilily sl9all submit te tl9e department a registration farm, wl9iol9 sl9all be 

provided by tl9e department el environmental mana§ement, elliee ef air quality, tl9at provides, at a minimum, 

tl9e fellewin§: 

(A) The name, address, anEI telepl9ene number eltl9e faeilily. 

(B) Tl9e Si§naturo eltl9e ewner er eperater. 

(C) Tl9e GARB mmeutive mEier number fer tl9e vaper eelleetien and eentrol system te be utili2ed. 

(D) Tl9e number el neHies, eJreiHding aiesel ana lwresene, Hsea fer meter vel9iele refueling. 

(E) Tl9e mentl91y average vei>Jme ef meter vel9iele fuel ElispenseEI. 

(F) Tl9e Elate eleempletien ef installation el tl9e vaper eelleetien ana eentrel system. Cempletien ef 

install alien ineluEies tl9e sueeessful passing ef a vaper leal<a§e ana bleel<a§e test. A vaper leal<a§e anEI 

bleol<a§e test must, at a minimum, ineluae tl9e fellewin§: 

(i) A pressure deeay er leal< test. 

(ii) A Eiynamie pressure Eirop test. 

(iii) A llquiEi bleel<a§e test. 

Tl9e results ef tl9ese tests must be submittea with the re§istratien farm speeilieEI in tl9is subEiivisien. 

f61 (5) 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. 

(d) A stage II vapor recovery system at a gasoline dispensing facility in Clark, Floyd, Lake, or Porter 

counties must be maintained in accordance with subsection (c), unless the owner or operator 

decommissions the stage II vapor recovery system as follows: 

(1) The owner or operator shall notify the department of the intent to decommission the stage II vapor 

recovery system. 

(2) The owner or operator shall decommission the stage II vapor recovery system in accordance with 

section 14 of the 2009 "Recommended Practices for Installation and Testing of Vapor Recovery 

Systems at Vehicle Refueling Sites"* of the Petroleum Equipment Institute. 

(3) The owner or operator shall complete dec()mmissioning within one hundred (100) calendar days 

from notification to the department. 

(e) After the effective date of this rule, a stage II vapor recovery system is not required in Clark, Floyd, 

Lake, or Porter counties for: 

(1) a new gasoline dispensing facility; or 

(2) an existing gasoline dispensing facility that has been decommissioned in accordance with 

subsection (d). 

ta) (f) 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. 

*Ti'lis deeument is *These documents are incorporated by reference. Copies are available for review and 

copying at the Indiana Department of Environmental Management, Office of /\ir Quality, Legal Counsel, Indiana 

Government Center North, Teffih Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 8-4-6; filed Mar 10, 1988, 1:20 p.m.: 111R 2540; filed Aug 11, 1989, 1:40 

p.m.: 131R 8; filed Nov 30, 1990, 4:20p.m.: 141R 605; filed Oct 28, 1993, 5:00p.m.: 171R 332; filed Sep 18, 

1995, 3:00p.m.: 191R 203; errata filed Dec 11, 1995, 3:00p.m.: 191R 674; filed Jul30, 1996, 2:00p.m.: 191R 

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

Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR-326120636FRA Page 6 
Indiana Register 

Aug 26, 2004, 11:30 a.m.: 2BIR 47; filed Apr 15, 2010, 4:05p.m.: 20100512-IR-326070353FRA; filed Feb 5, 

2015, 1:29 p.m.: 20150304-IR-326120636FRA! 

LSA Document #12-636(F) 

Proposed Rule: 20141001-IR-326120636PRA 

Hearing Held: November 12, 2014 

Approved by Attorney General: January 21, 2015 

Approved by Governor: January 29, 2015 

Filed with Publisher: February 5, 2015, 1:29 p.m. 

Documents Incorporated by Reference: None Received by Publisher 

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, 

IGCN 1225, 100 North Senate AveiJUe, Indianapolis, IN 46204-2251, (317) 232-B172 or (BOO) 9BB-7901, 

ctap@idem.in.gov 

Small Business Assistance Program Ombudsman: Steven N. Howell, IDEM Small Business Assistance Program 

Ombudsman, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8587 or (BOO) 

451-6027, snhowell@idem.in.gov 

Posted: 0310412015 by Legislative Services Agency 

An html version of this document. 

Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR-326120636FRA Pag~ 7 
c 
Rule Signature Page 

Rule#: 

Agency: 

LSA Document# 12-636(F) 

Environmental Rules Board 

Subject: Stage II Vapor Recovery 

ADOPTED: 

By/~(Z~/ Beverly J. GardY 

Chairperson, Enviromnental Rules Board 

APPROVED AS TO FORM AND LEGALITY: 

'----Greg 

Attorney General, State oflndiana; · 

APPROVED: 

Br;3~·t. I p. e:--

Michael R. Pence 

Governor, State of Indiana 

ACCEPTED FOR FILING: 

Date: ( 1-/.#t.- c2o / j/ 

·Date: --f/;+/4-

By: _ TITLE 326 AIR POLLlJTION CON1ROL DIVISION 

LSA Document #12-636(FR) 

Filed with Publisher: February 5. 2015. 1:29 p.m. 

By: Rlw 
D 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

SECOND NOTICE OF COMMENT PERIOD 

LSA Document #12,636 

STAGE II VAPOR RECOVERY SYSTEM REQUIREMENTS 

PURPOSE OF NOTICE 

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

amendments to rules at 326 lAC 2-11-2 and 326 lAC 8-4-6 concerning Stage II vapor recovery system 

requirements. 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: December 12, 2012, Indiana Register (DIN:20121212-IR-326120636FNA). 

CITATIONS AFFECTED: 3261AC 2-11-2; 3261AC 8-4-1; 3261AC 8-4-6. 

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

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING 

Basic Purpose and Background 

Under Section 182(b)(3) of the Clean Air Act (CAA), a Stage II vapor recovery system (Stage II) is required to 

be used at gasoline dispensing facilities that sell more than 10,000 gallons of gasoline per month or 50,000 

gallons of gasoline per month in the case of independent small business marketers of gasoline located in ozone 

nonattainment areas classified as serious, severe, or extreme. Stage II is designed to control gasoline vapors, 

which are emitted when partially empty gas tanks are filled with liquid gasoline that can react with sunlight, 

nitrogen oxides, and other volatile organic compounds to form ozone. 

The United States Environmental Protection Agency (U.S. EPA) published onboard refueling vapor recovery 

(ORVR) standards in the Federal Register (FR) on April 6, 1994 (59FR 16262). ORVR consists of an activated 

carbon canister installed on a vehicle into which vapors are routed from the vehicle fuel tank during refueling. The 

vapors are captured by the activated carbon canister and prevented from escaping the fuel tank fill pipe by use of 

a seal. The ORVR standards were implemented on a progressive schedule, and, by 2006, all new 

gasoline-powered vehicles with a gross vehicle weight rating of less than 14,000 pounds were equipped with 

ORVR technology. U.S. EPA estimates that by the end of 2012, more than 71 percent of vehicles on the· road 

were equipped with ORVR. 

Section 202(a)(6) of the CAA prqvides U.S. EPA discretionary authority to revise or waive the Stage II 

requirements in Section 182(b)(3) for areas classified under Section 181 as serious, severe, or extreme for ozone, 

as appropriate, if it is determined that ORVR is in widespread use. On May 16, 2012, U.S. EPA determined that 

ORVR technology is in widespread use throughout the motor vehicle fleet for purposes of controlling motor 

vehiCle refueling emissions (77 FR 28772). Since 2006, ORVR has been a required control on nearly all new 

highway vehicles. Stage II and ORVR emission control systems are redundant, and U.S. EPA has determined 

that emission reductions from ORVR are equitable and will soon surpass the emission reductions achieved by 

Stage II requirements. U.S. EPA has thus waived the requirement for states to implement Stage II at gasoline 

dispensing facilities in nonattainment areas classified as serious and above for the ozone national ambient air 

quality standards (NAAQS), providing certain conditions are met. 

Using the guidance provided by U.S. EPA, "Guidance on Removing Stage II Gasoline Vapor Control 

Programs from State Implementation Plans and Assessing Comparable Measures", EPA-457/B-12-001, August 7, 

2012, IDEM conducted an emissions inventory analysis to develop a revision to the State Implementation Plan to 

phase out or remove Stage II requirements in the former serious ozone nonattilinment areas (Clark County and 

Floyd County), and severe ozone nonattainment areas (Lake County and Porter County). To meet existing federal 

requirements, Stage II cannot be removed if it would interfere with attainment of the NAAQS, reasonable further 

progress toward attainment, or any other applicable requirement of the CAA. IDEM's analysis determined that 

these requirements could be met by removing Indiana's Stage II requirements in 2016. IDEM is proposing 

removal of the Stage II vapor recovery system requirements for Clark; Floyd, Lake, and Porter counties on April1, 

2016, to coincide with the start of the ozone season. 

This rulemaking will amend rules concerning permitting by rule for specific source categories, including 

gasoline dispensing operations at 326 lAC 2-11-2, reflect the addition of new applicability language in 326 lAC 8-

4-1, and include rules concerning petroleum sources, including gasoline dispensing facilities at 326 lAC 8-4-6. 

Specifically, applicability of Stage II vapor recovery requirements and references will be revised in a manner 

consistent with U.S. EPA guidance and the results of IDEM's analysis specific to Indiana. IDEM is requesting 

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page 1 
Indiana Register 

comment on the removal of the Stage II vapor recovery requirements effective April 1, 2016. 

IC 13·14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law 

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule 

applies that is not imposed under federal law. U.S. EPA waived the Stage II vapor recovery system requirements 

effective May 16, 2012, allowing states the autonomy to remove the requirements from state rules. 

Potential Fiscal Impact 

Removal of Stage II vapor recovery system requirements will reduce costs for gas station owners and 

operators installing new equipment after April 1, 2016. This rule additionally could require gas station owners to 

remove the Stage II vapor recovery syste'ms sooner than would otherwise have been planned, resulting in an 

unplanned cost to gas station owners and operators. 

Public Participation and Work Group Information 

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

rule is appropriate, please contact Christine Pedersen, Rules Development Branch, Office of Legal Counsel at 

(317) 233-5684 or (800) 451-6021 (in Indiana). 

SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD 

IDEM requested public comment from December 12, 2012, through January 11, 2013, 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 Marketers & Convenience Store Association (IPCA) 

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

Comment: IPCA is responding on behalf of its members. IPCA represents over 135 companies who own, 

operate, and supply fuel to the majority of retail fueling establishments throughout Indiana. IPCA and its members 

support the rulemaking as proposed. (IPCA) 

Response: IDEM appreciates IPCA's participation and comments in this rulemaking. 

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. Comments may be submitted in one of the 

following ways: 

(1) By mail or common carrier to the following address: 

LSA Document #12-636 Stage II Vapor Recovery 

Christine Pedersen 

Rules Development Branch 

Office of Legal Counsel 

Indiana Department of Environmental Management 

1 00 North Senate Avenue 

Mail Code 61-50 

Indianapolis, IN 46204-2251 

(2) By facsimile to (317) 233-5967. Please confirm the timely receipt of faxed comments by calling the Rules 

Development Branch at (317) 234-6530. 

(3) By electronic mail to cpedersen@idem.in.gov. To confirm timely delivery of submitted comments, please 

request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments 

will NOT be considered part of the official written comment period unless they are sent to the email 

address indicated in this notice. , 

(4) Hand delivered to the receptionist on duty at the thirteenth ftoor reception desk, Office of Legal Counsel, 

Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. 

Regardless of the delivery method used, in order to properly identify each comment with the rulemaking 

action it is intended to address, each comment document must clearly specify the LSA document number of the 

rulemaking. 

COMMENT PERIOD DEADLINE 

All comments must be postmarked, faxed, or time stamped no later than December 27, 2013, Hand-delivered 

comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. 

Additional Information regarding this action may be obtained from Christine Pedersen, Rules Development 

Branch, Office of Legal Counsel, (317) 233-5684 or (800) 451-6027 (in Indiana). 

DRAFT RULE 

SECTION 1. 326 lAC 2-11-2 IS AMENDED TO READ AS FOLLOWS: 

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page 2 
Indiana Register 

3261AC 2-11-2 Gasoline dispensing operations 

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

Affected: IC 13-15; IC 13-17 

Sec. 2. (a) This section applies to retail or commercial gasoline dispensing operations that: 

(1) meet the conditions specified in subsection (b); and 

(2) demonstrate compliance as specified in subsection (c). 

(b) To limit potential to emit as provided in section 1 (c) of this rule, the fell owing conaitions are a~~licable to 

so~rces de~ending on their location: gasoline dispensing operations shall comply with the following 

conditions during an average month based on the last twelve (12) months: 

(1) For so~rces located in Clark or Floyd County, the so~ree: 

(/\) fills its storage tani<S IJy va~or IJalancod !ill; 

(B) flas a Stage II vapor recovery systoFFl; and 

(G) Elispenses less tflan five Fflillion tflree flundred seventy silc tflo~sand (5,37€l,OOO) gallons of gasoline 

during an average Fflontfl bases on !flo last !\volvo (12) rr10ntfls. 

(2) For so~reos located in balm or Porter County, tho source: 

(/\) fills its storage tanks IJy vapor IJalanood !ill; 

(B) flas a Stage II vapor recovery sys!oFFl; and 

(C) Elispenses less tflan one Fflillion tflree fl~ndred ferty feur tfle~sana (1 ,34 4 ,000) gallons of gasoline Eluring 

an average Fflontfl based on !flo last !welvp (12) Fflonths .. 

(3) For all otflor sources, !flo source uses: 

(A) (1) For the splash method for filling storage tanks, ana dis~enses the operation shall dispense less than 

six hundred eighty-eight thousand (688,000) gallons of gasoline. 

fB1 (2) For the submerged fill method for filling storage tanks, and dispenses th'e·operation shall dispense 

less than eight hundred thirty-three thousand (833,000) gallons of gasoline. 

(G) (3) For the vapor-balanced fill method for filling storage tanks, ana dis~enses the operation shall 

dispense less than one million two hundred eighty-two thousand (1 ,282,000) gallons of gasoline. ar 

(8) (4) For an operation that uses the fill vapor-balanced fill method for filling storage tanks, and has a Stage 

II vapor recovery system, ana dis~enses the operation shall dispense less than five million three hundred 

seventy-six thousand (5,376,000) gallons of gasoline. 

suring an average Fflontfl based en the last 1\velve (12) Fflonths. 

(c) Sources Gasoline dispensing operations electing to ccimpiy with' this rule must be able to demonstrate 

compliance oo not later than thirty (30) days after receipt of a written request by the department or the U.S. EPA, 

as follows: 

(1) The owner or operator of a gasoline dispensing SffiiF60 operati,on, shall. demonstrate compliance with 

subsection (b)(3)0'\), (b)(3)(B), or (b)(3)(C), (b)(1), (b)(2), or (b)(3) as applicable. 

(2) The owner or operator of a gasoline dispensing sou roe subject to operation described in subsection 

(b)(3)(D) (b)(4) shall demonstrate compliance with subsection (b)(3)(D) (b)(4) and 32e 1/\G 8 4 e(a) througfl 

· 32e lAC g 4 e(d), 32e lAC 8 4 e(f), and 32e lAC g 4 eU) threugfl 32e lAC g 4 e(FFl). 326 lAC 8-4-6. 

(3) Tfle owner or o~erator of a gasoline sisponsing sou reo subjeot to subseotion {b)(1) or (b)(2) sflall 

deFFlonstrate ooFFl~lianoe 'Nilh subsootion (b)(1) or (b)(2), as a~plioable, and 32.8 lAC 8 4 e. 

(Air Pollution Control Division; 326/AC 2-11-2; filed May 7, 1997, 4:00p.m.: 20 IR 2316; filed Aug 2, 2004, 3:25 

p.m.: 27 IR 3956) 

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 ihis rule located in the following 

counties: 

(1) Clark . 

. (2) Elkhart. 

(3) Floyd. 

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Indiana Register 

(4) Hendricks. 

(5) Lake. 

(6) Marion. 

(7) Porter. 

(8) St. Joseph. 

{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: 

(1) Boone. 

(2) Dearborn. 

(3) Hamilton. 

(4) Hancock. 

(5) Harrison. 

(6) Johnson. 

(7) Morgan. 

(8) Shelby. 

(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. 

(d) Section 6(a) and 6(b) of this rule apply to any gasoline storage tank at a gasoline dispensing facility with a 

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

(e) Until April1, 2016, either sectio~ 6(c) or 6(d) of this rule awJies apply to gasoline dispensing facilities as 

described in section 6(c)(1) of this rule and located in the following counties: 

(1) Clark. · 

(2) Floyd. 

(3) Lake. <>F 

(4) Porter. 

County: 

(f) Section 6{d) of this rule applies to gasoline dispensing facilities described in section 6(c)(1) of this 

rule that decommission Stage II recov~ry systems prior to Apri11, 2016. 

(Air Pollution Control Division; 326/AC 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; filed Apr 23, 1999, 2:12p.m.: 22 IR 2855; readopted filed Jan 10, 2001, 3:20p.m.: 24/R 1477; filed 

Apr 15, 2010, 4:05p.m.: 20100512-IR-326070353FRA). 

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) The 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 av'erage 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 the facility was operating. 

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

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

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

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

pollution control equipment. 

(5) "Dynamic baei(~Fessum pressure drop 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; 

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Indiana Register 

(C) swivels; 

(D) dispenser piping; and 

(E) underground piping; 

at prescribed flow 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; 

(D) 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 of nine hundred forty-six (946) liters (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 indireqllyaffiliated with a refiner.or a person who controls, is controlled by, or 

is under a common control with a refiner (unless the sole 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 

oth~r identifying symbol or name owned by such refiner or any such person); and 

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

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

control system where condensate may acqumulate. 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 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; 

(D) 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 GARB 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: 

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

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

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

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Indiana Register 

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

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. 

(B) Either a pressure relief valve set td release at not less than seven-tenths (0, 7) pounds per square inch or 

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

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

manufacturer"s specifications. 

(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 

(B) operating according to manufacturer"s specifications. 

(c) Until April1, 2016, stage II vapor recovery system requirements at gasoline dispensing facilities are as 

follows: 

(1) The provisions of subdivision (2) shall apply to any gasoline dispensing facility located in Clark, Floyd, 

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

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

or 

(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. 

(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 that is properly installeq and operated as follows: 

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

(i) has been certified by GARB; and · 

(ii) meets the testing requirements specified in subdivision (7)(F). 

(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. 

(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 that prevents the system from performing in accordance with its certification and design 

specifications. 

(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: 

(i) All parts of the system that min be visually inspected must be checked daily by the operator of the facility 

for the following malfunctions: 

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

(BB) A vapor hose that is crimped or flattened such that the vapor passage is blocked or severely 

restricted. 

(CC) A nozzle boot that is torn in either of the following manners: 

(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. 

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

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

(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). 

(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. 

(EE) A nozzle shutoff mechanism that malfunctions in any manner. 

(FF) A vacuum producing device that is inoperative. · 

(ii) Any defect in the system that is discovered in item (i) will require the immediate shutdown of the 

affected pumps until proper repairs are made. 

(iii) A signed daily Jog of the daily inspection in item (i) shall be maintained at the facility. 

(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. 

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Indiana Register 

(v) Instructions shall: 

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

system in use at that statiqn; 

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

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. 

(3) Facilities subject to the requirements of subdivision (2) shall demonstrate compliance according to the 

following schedule: 

(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). 

(B) One (1) year after promulgation in the case of gasoline dispensing facilities that dispense at least one 

hundred thousand (100,000) gallons of gasoline per month, based on average monthly sides for the two (2) 

year period prior to November 15, 1992. 

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

(D) Any gasoline dispensing facility described in both clauses (A) and (B) shall meet the requirements of 

clause (A). 

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

subdivision (2) upon startup of the facility. 

(F) Existing facilities preViously exempted from, but that become subject to, the requirements of subdivision 

(2) shall comply with the requirements of subdivision (2) within one (1) year from the date the facility 

became subject. 

(4) Any gasoline dispensing facility that becomes subject to the provisions of subdivision (2) at any time shall 

remain subject to the provisions of subdivision (2) at all times. 

(5) Any gasoline dispensing facility subject to subdivision (2) shall retain copies of all records and reports 

adequate to clearly demonstrate the following: 

(A) That a certified vapor collection and control system has been installed and tested to verify its 

performance according to its specifications. 

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

requirements. · 

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

(D) The motor vehicle fuel throughput of the facility for each calendar month of the previous yeaL 

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

vapor collection and control system. 

(6) All records and reports required in subdivision (5) shall be made available to the department upon request. 

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

(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 department a registration form, which shall be 

provided by the department of environmental management, office of air quality, that provides, at a minimum, 

the following: 

(A) The name, address, and telephone number of the facility. 

(B) The signature of the owner or operator. 

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

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

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

(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: 

(i) A pressure decay or leak test. 

(ii) A dynamic pressure drop test. 

(iii) A liquid blockage test. 

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

(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. 

(d) Until April1, 2016, a stage II vapor recovery system must be maintained in accordance with 

subsection (c), unless the owner or operator decommissions the stage II vapor recovery system as 

follows: 

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page 7 
Indiana Register 

(1) The owner or operator shall notify the department of the intent to decommission the stage II vapor 

recovery system. 

(2) The owner or operator shall decommission the stage II vapor recovery system In accordance with 

section 14 of the 2009 "Recommended Practices for· Installation and Testing of Vapor Recovery 

Systems at Vehicle Refueling Sites"* of the Petroleum Equipment Institute. 

(3) The owner or operator shall complete decommissioning within one hundred (100) calendar days 

from notification to the department. 

(e) Stage II vapor recovery systems are not required after April1, 2016. 

tat (f) 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 dooHA'leAI is *These documents are incorporated by reference. Copies are available' for review and 

copying at the Indiana Department of Environmental Management, Office of Air 0Hali!y, Legal Counsel, Indiana 

Government Center North, 'FefltFt Thirteenth Floor, 100 North· Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 8-4-6: filed Mar 10, 1988, 1:20 p.m.: 111R 2540; filed Aug 11, 1989, 1:40 

p.m.: 131R 8; filed Nov 30, 1990, 4:20p.m.: 141R 605; filed Oct 28, 1993, 5:00p.m.: 171R 332; filed Sep 18, 

1995, 3:00p.m.: 191R 203; errata filed Dec 11, 1995, 3:00p.m.: 19 IR 674; filed Jul30, 1996, 2:00p.m.: 19 IR 

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

Aug 26, 2004, 11:30 a.m.: 281R 47; filed Apr 15,2010, 4:05p.m.: 20100512-IR-326070353FRAl 

Notice of Public Hearing 

Posted: 11127/2013 by Legislative Services Agency 

An html version of this document. 

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA ·Page 8 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL BOARD 

Notice of Public Hearing 

Notice of Public Hearing 

LSA Document #12-636 

Under IC 4-22-2-24. IC 13-14-B-6. and IC 13-14-9. notice is hereby given that on March 12, 2014, at 1:30 

p.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room A, 

Indianapolis, Indiana, the Environmental Rules Board will hold a pub/ic.hearing on amendments to 3261AC 2-11-2 

and 326 lAC 8-4-6 concerning stage II vapor recovery system requirements. 

The purpose of this hearing is to receive comments from th.e public prior to preliminary adoption of these 

rules by the board. All interested persons are invited and will be given reasonable opportunity to express their 

views concerning the proposed amendments. Oral statements will be heard, but, for the accuracy of the record, 

all comments should be submitted in writing. _ 

Additional information regarding this action may be obtained from Christine Pedersen, Rules Development 

Branch, Office of Legal Counsel, (317) 233-5684 or (BOO) 451-6027 (in Indiana). 

Individuals requiring reasonable accommodations for participation in this event should contact the Indiana 

Department of Environmental Management, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senat.e Avenue 

Indianapolis, IN 46204-2251 . 

or call (317) 233-1785 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service 

(711) or (800) 743-3333. Please provide a minimum of 72 hours IJOtification. . 

Copies of these rules are now on file at the Rule.s Development Branch, Office of Legal Counsel, Indiana 

Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, 

Thirteenth Floor and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, 

Room N201, Indianapolis, Indiana and are open for public inspection. 

Nancy King, Chief 

Rules Development Branch .. 

Office of Legal Counsel 

Posted: 11/27/2013 by Legislative Services Agency 

An html version of this document. 

Date: Dec 02,2013 10:29:54AM EST DIN: 20131127-IR-326120636PHA Page 1 
E 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800} 451-6027 • (317) 232-8603 • www.idem.IN.gov 

Michael R. Pence 

Govemor 

Thomas W. Easterly 

Commissioner 

July 31,2014 

CERTIFICATE OF PUBLICATION 

This is to cmtify that the Indiana Department of Environmental Management (IDEM) Notice of 

Public Hearings for the Environmental Rules Board Meeting, 09/10/2014, regarding the 

following rulemaldng actions: 

" Rockp01t Temporary Alternative Opacity Limit, LSA #12-392 

" Stage II Vapor Recovery _Systems, LSA #12-636 

was published on IDEM's web site on or beforeAugnst 1, 2014. It will remain posted on the site 

until at least September 10, 2014. 

The notice in full may be found at the following web address, under the "Statewide" category. 

http:/ /www.in.gov/idem/6777 .htm 

Web publication of the notice was at the request of Christine Pedersen, Section Chief, Rule 

Development Section, Office of Legal Counsel, IDEM. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finkelstein 

IDEM Webmaster 

0 

AStatethatWorks 

- @Recycle~ Paper 
~ IDEMHollle 

Aboot 

e-Senrices 

featt!redTop!!:s 

!\lewsand Eveni.S 

· Pobitc: NotH:es 

fCOOIS: 

Maps 

Coatact 

Yom Envlr.onmeat 

comrmmiry EnvOOmne!lttal Heatth 

crAP: cornonanceand Tetlm!cal 

Asslst3Ece FliQglam 

BMromnentai cteanup 

Envir.onmemal Education 

PaRnersfor Pallatian Pre<.rei!Iion 

Public Notices: Statewrode 

Tllis is lhe IDEM P!.!iliTc Notice Stte lor JlJllices oovertng the enlire Stall! of Indiana_ This 

rur-emaking, Click 

For pubHc meetings oot requiring noticesr please 
I 

Under 40 CFR 51.102, notice is hereby given that the Envjronmelltal Rul.es Board (bo;~rd) will 

hold a public hearing at· its regularly scheduled meeting on Wednespay, S.eptemb.ev 10; 2014, for 

eachofthe.ail: program rules list~d in tbis notice. The meeting will convent; at 1:30 p.m. at the . . 

Indiana Government Center-South; Conft;rence Ro.om A, 302 West Wasl;J.iugto!l Street; 

Indianap?lis; Indian(!. The purpose oft~<> heariugis to \'eceive. public comments prior to board 

(!ction .. A.ll iuterest<;d,persons are invited aw:l will be. given a reason(lble opporttWity to express 

their vkws conceruiug the prop.osed:act.lon. 

\ :• 

Board documents may be viewed and downloaded fr()pl the• Indiana))epartment of 

Environmental Management's Web site as early as one week prior to the meeting at 

http://www.in.gov/idem/4696,htm.. · 

Copies o:l; th" proposed air program rt~ks. ate also available, to ~!l.Y person upon: request, may be 

viewed onl\ne.via tbe,Internytfrom local!U>rllries, m.J.d !\re,i\Vai!able J:'qrpllblic ipspection atthe 

foUowinglocations>·. . ' , .· ,. 1... ., ,. !; •.. 

Indiana Department of~nvironmental Management,. Ofnc<;; pfLegal.Cow:ts<Ol, Il;:tdiantl 

Government Center-North, 100 North Senate Avenue, 13th Floor, Indianapolis, Jndiantl 46204. 

Indiana Department of Environmental M<magement; Northwest Office, 330 West US. 

Highway 30, Suites E and F, Valparaiso, 1N46385:· . ,, ... i 

Indiana Department of Environmental Management, Northern Office, Suite 450, 300 N. 

Michigan Stre.et, South Bend, Indiana 46601. 

· Indian!! Department ofEnvironmental Management; Southwest Office, 1120 North 

Vincem:tes Avent~e! P·.O, Box 128, Petersqurg, .Indiana 4'7567o0148, 

Indiana D.epartment of Environmental Management, Southeast Office, 8.2.0 West Sweet 

Street, Brownstown, Indiana47220-9557. 

Legislative Services Agency, Indiana Governmen~ Center-Nmth, 100 North Senate 

Avenue, Room N201, Indianapolis,. Indiana 46204, 

The following..air program rules are noticed for hearing and. action: 

Rockport Temporary Alternative Opacity Limit (LSA#.l27392). The Pllrpose of this hearing 

is to receive. public cormnent prior, to final adoption of a new rule at 326 IAO 5,J 78. concerning 

temporary alternative opacity limitations (TAOL) for the AEP Rockpmt Generating Station. 

This rule will be submitted to the United States Environmental Protection Agency as a revision 

to the State Implementation Plan required by the Clean Air Act. A copy of the most recently 

published version of this rule is available at: http://www.in.gov/idem/5679.htm. 

For additional info1mation concerning tbis rule contact Susan Bern at the Indiana 

Depaltment of Environmental Management, Office of Legal Counsel, Indiana Government 

Center Nmth, HiO Nmth Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 

3-5697)(in Indiana), or sbem@idem.in.gov. -

Stage II Vapor Recovery Systems. (LSA #·12-636). The purpose of this hearing is to receive 

public comment prior to preliminary adoption of amendments to 326 lAC 2-11-2, 326 lAC 8-4-
1, and 326 IAC 8-4-6 concerning i:evisiim8- t'o<:'ltage,IhapoHecovery system requirements for 

consistency with U.S. EPA's determination that onboard refueling vapor recovery technology is 

in widespread use and that stage II vapor recovery systems are no longet' required in certain 

ozone nonatlaimnent areas as lon~ as the National Ambient Air Quality Standards for ozone are 

met. Tills rule will be' submitted to the, United States Enviromnental Protection Agency as a 

revision to the State Implementation Plan required by the e!ean Air A~t. A copy of the most 

recently published·Version of this rule is available at: http://wwWJn.gov/idem/5679.htm, 

For additidna1 information concerning this tule dihtact Chl.·istrne·P¢detsen :at the Indiana 

Department ofEnviromnental Management, Office of Legaf Counsel•, Iridianru Govermnent 

Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5684 or (800) 451-6027 (ext. 

3-5684)(in Iodiarta), or cpedetse@idem.in\gov. · ' 

For these hearings, oral statements will be heard, but for the accuracy. of the record, 

please submit statements in writing to the attendant designated to receive written comments at 

the public hearings. 

A transcript of the headrtgs and all written submissions to the• board at the public hearmgs 

shal1 be open to•public•inspectiorl at the Indiana Dejiattment ofEtrviromnental Management; 

copies may be made available to any person upon paymerit of reproduction costs; Any person' 

heard or represented at the hearmgs of\'equestirtg notice shall be giVen written notice of the 

actions of the board. · • '', ' · ,, 

Christine Pedersen, Chief 

Rules Development Section 

Office of Legal Cotinsel 

* * * * * * * * * *** * * **-* * * ~ ~ * *·** **,:r-.~ * ~.* * :~: * 1:·** *-* ** * *:_~: ** * ~·*·* * * ~~ * * *·~ * * * ** * * * r.~ **·* .* T* * * * 

Individuals requiring reasonable accdnniwdations for participation ill this eVent should contact 

the Iodiana Oepartmimt ofEnvii'oinnental Management,. Americans with Disabilities· Act 

coordinator at: 

Attn! AIJA Coordinator 

Iodiana Department dfEnviromnental Management · 

100 N. Senate Avenue 

Indiai:dpolis, IN-46204 

or call (317) 233-1785. Speech and hearing impaired callers may contact the agency via the 

Indiana Relay Se!'Vice at 1-800-743-3333. Please provide a minimum of72 hours' notification. 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

Michael R. Pence 

Governor 

Thomas W. Easterly 

Commissioner 

September 29, 2014 

CERTIFICATE OF PUBLICATION 

This is to certif'y that the Indiana Deprutment ofEnviromnental Management (IDEM) Notice of 

Public Hearings for the Enviromnental Rules Board Meeting, 11/12/2014, regarding the 

following rulemaking action: 

• Stage II Vapor Recovery Systems, LSA #12-636 

was published on IDEM's web site on or before October 6, 2014. It will remain posted on the 

site until at least November 12, 2014. 

The notice in full may be found at the following web address, under the "Statewide" category. 

httP://www.in.gov/idem/6777.htm 

Web publication of the notice was at the request of Christine Pedersen, Section Chief, Rule 

Development Section, Office of Legal Counsel, IDEM. 

Attachments: 

Copy of web page as published. 

Ail Equal Opportunity Employer 

By: 

Mike Finkelstein 

IDEM Webmaster 

0 

A State that Works 

- G) Recycled Paper 
~IOEMHome 

lDEr~~ > P®l!c Notkes:> Pllhlic Nntlces:Sta1£wlrte 

1\!iout 

Public Notices: Statewide 

N~wsand Events · This is tile IDEM Public No tire Siffi fur notlll!S colR!ring the entire Slate a !Indiana. Tllis pagE!IliJ5~: 

-P-uh-lil:-NOll-.-res----- pu:blic access to all ii!JellCY stale-Wide public notieBS as required byslatllte or rule including:l!l I 

FoaSI!eeiS mlemaking, meeting and llealing notices. Click highli!Jhted lillks ro view ailrlitional intm·maii~lll 

For public meetings not mquiriny notices, pleaseclleckthe IDEM Calendar. 

rtllll1S 

7B910111213 

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21 22 23 24 25 25 27 

~- I 

Rilles 

SubscripiioiiS: Walll: to imOJN about new nvliees as. soon as they're posted? You can nowsub1fJilzs 1l! 3o 

pl!bnc notire pii!Je. BySllbscribiny.toa region, you l'iiU oesent an e-mail or text message to 1 ____ ___ _ _ __ I le:37:11Ai'J I~ 

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IDEM adds infmmation to tbis mgional page. This allows you to stay curroot on all piJSl:irrg :a!iiL----'---J '--------~, l\:1 

posting. To sllilscrihe, click on the substription liiik in the left hand eolumn. 

Statewide 

!lame or facility 
Legal Notice of Public Hearing 

Under 40 CFR 51.102, notice is hereby given that the Environmental Rules Board (board) will 

hold a public hearing at its regularly scheduled meeting on Wednesday, November 12, 2014, for 

the air program rule listed in this notice. The meeting will convene at 1:30. p.m. at the Indiana 

Government Center-South, Conference Room A, 302 West Washington Street, Indianapolis, 

Indiana. The purpose of the hearing is to receive public comments prior to board action. All 

interested persons are invited and will be given a reasonable oppmtunity to express their views 

concerning the proposed action. 

Board documents may be viewed and downloaded from the Indiana Department of 

Environmental Management's Web site as early as one week prior to the meeting at 

http ://www.in. gov /idehll 4696 .htm. 

Copies ofthe.proposed air program rules are also available to any person upon request, may be 

viewed online via the Internet from local libraries, and are available for public inspection at the 

following locations: 

Indiana Department of Environmental Management, Office of Legal Counsel, Indiana 

Government Center-North, 100 North Senate Avenue, 13th Floor1 Indianapolis, Indiana 46204. 

Indiana Depattment of Environmental Management, Northwest Office, 330 West US 

Highway 30; Suites E and F, Valparaiso, 1N 46385. ', 

Indiana Depat1:inent of Environmental Management, Northern Office, Snite 450, 300-N. 

Michigan Street, South Bend, Indiana 46601. 

Indiana Depattment of Environmental Management, Southwest Office, 1120 Nmth 

Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. 

Indiana Department of Environmental Management, Southeast Office, 820 West Sweet 

Street, Brownstown, Indiana47220-9557. · 

Legislative Services Agency, Indiana Govemment Center-North, 100 Nmth Senate 

Avenue, Room N201, Indianapolis, Indiana 46204. 

The following air program rule is noticed for hearing and action: 

Stage II Vapor Recovery Systems. (LSA # 12-636). The purpose of this hearing is to receive 

public comment prior to fmal adoption of amendments to 326 lAC 2-11-2,326 lAC 8-4-1, and 

326 lAC 8-4-(} conceming revisions to stage II vapor recovery system requirements for 

·consistency with U.S. EPA's determination that onboard refueling vapor recovery technology is 

in widespread use and that stage II vapor recovery systems are no longer required in ce1tain 

ozone nonattainment areas· as long as the National Ambient Air Quality Standards for ozone are 

met. This rule will be submitted to the United States Environmental Proteqtion Agency as a 

revision to the State Implementation Plan required by the Clean Air Act. A copy of the most 

recently published version of this rule is available at: http://www.in.gov/idem/5679.htm. 

· For additional information conceming this mle contact Christine Pedersen at the Indiana 

Depmtment of Environmental Management, Office of Legal Counsel, Indiana Government 

CenterNmth, 100 North Senate Avenue, Indianapolis at (317) 233-5684 or (800) 451-6027 (ext. 

3-5684)(in Indiana), or cpederse@idem.in.gov. 
For this hearing, oral statements will be heard, but for the accuracy ofthe record, please 

submit statements in writing to the attendant designated to receive written comments at the 

public hearing. c, 

A transcript of the hearing and all·viritten submissions to the board a:t the public hearirig 

shall be open to public inspection at the Indiana Department ofEnviromnental Management; 

copies may be made available to any.person upon payment of reproduction costs. Any person 

heard or represented at the hearing or requesting notice shall be given written notice of the action 

of the board. 

Christine Pedersen, Chief 

Rules Development Seclion 

Office ofLegal Counsel 

********************************************************~******~*********~**** 

Individuals requiring reasonable accommodations for patticipation in this event should contact 

the Indiana Depmtment of Enviromnental Management, Americans with Disabilities Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Enviromnental Management 

100 N. Senate Avemie 

Indianapolis, IN 46204 

or call (317) 233-1785. Speech and hearing impaired callers may contact the agency via the 

Indiana Relay Service at 1-800-743-3333. Please provide a minimum of72 hours' notification. 
F 
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BEFORE THE STATE OF INDIANA 

ENVIRONMENTAL RULES BOARD 

PUBLIC MEETING OF SEPTEMBER 10, 2014 

ORIGINAL 

PROCEEDINGS 

before the Indiana Environmental Rules Board, 

Beverly Gard, Chairman, taken before me, Lindy L. 

Meyer, Jr., a Notary Public in and for the State 

of Indiana, County of Shelby, at the Indiana 

Government Center South, Conference Center, 

Room A, 402 West Washington Street, Indianapolis, 

1 

Indiana, on Wednesday, September· 10, 2014 at 1:29 

o'clock p.m. 

William F. Daniels, RPR/CP CM d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 
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APPEARANCES: 

BOARD MEMBERS: 

Beverly Gard, Chairman 

Thomas R. Anderson 

Gary Powdrill 

Dr. Ted Niemiec 

Joa nne Alexandrovich 

Ke1ly Carmichael 

Ken Rulon 

Wil·liam Etzler 

Chris Horn 

Gail Boydston 

Mike Mettler, Proxy, Department of 

Health 

Cameron F . Clark, Director, Department of 

Natural Resources 

Pamela Fisher, Proxy, Indiana Economic 

Development Corporation 

David Bausman, Proxy, Lieutenant 

Governor 

Thomas W. Easterly (nonvoting) 

IDEM STAFF MEMBERS: 

Christine Pedersen 

Susan Bern 

Lauren Aguilar 

MaryAnn Steve ns 

Dan Watts 

Bruce Palin 

Nancy King 

Janet Pittman 

PUBLIC SPEAKERS: 

Jodi Perras 

Bowden Quinn 

Steven Peckinpaugh 

Dave M·enzer 

Josh Trenary 

Kim Ferraro 

Charles Mitch 

2 
1 

2 

1:29 o'clock p.m. 

September 10, 2014 

3 

3 CHAIRMAN GARD: The Chair is going to 

4 call this meeting to order. We have a very big 

5 agenda, and so we ought to get moving as quickly 

6 as possible. The Chair sees a quorum. We have 

7 eight voting members present. Let me ask you 

8 all, as we do every meeting, to go around and 

9 introduce yourselves and tell what constituency 

10 you represent. 

11 COMM. EASTERLY: I'm Tom Easterly, 

12 the Commissioner of IDEM. 

13 MR. RULON: Ken Rulon, representing 

14 agriculture. 

15 MR. BAUSMAN: David Bausman, Director 

16 of Policy and Regulatory Affairs at ISDA, serving 

17 as the Lieutenant Governor's proxy. 

18 MR. CLARK: Cameron Clark, the 

19 Director of the Indiana Department of Natural 

20 Resources. 

21 MR. METTLER: Mike Mettler, proxy for 

22 the State Health Commissioner, Dr. VanNess. 

23 MS. FISHER: Pam Fisher, proxy for 
4 

1 Secretary of Commerce Victor Smith. 

2 MS. BOYDSTON: Gail Boydston, 

3 representing manufacturing. 

4 

5 public: 

6 

7 business. 

8 

CHAIRMAN GARD: Beverly Gard, general 

MR. ETZLER: Bill Etzler, small 

MR. ANDERSON: Tom Anderson, 

9 environmental. 

10 

11 at large. 

12 

13 care. 

14 

MR. POWDRILL: Gary Powdrill, public 

DR. NIEMIEC: Ted Niemiec, health 

MS. ALEXANDROVICH: Joanne 

15 Alexandrovich, county government, local 

16 government. 

17 

18 utilities. 

19 

20 

MR. CARMICHAEL: Kelly Carmichael, 

MR. HORN: Chris Horn, labor. 

CHAIRMAN GARD: Thank you all. 

21 The first order of business today is 

22 approval of the summary of the June 11th, 2014 

23 Board meeting. Are there additions or 
1 

2 aye. 

CHAIRMAN GARD: And the Chair votes 

That is -- it passes 14 to 0. The rule is 

3 adopted. 

4 This is a public hearing before the 

5 Environmental Rules Board for the. State of 

6 Indiana concerning preliminary adoption of 

7 amendments to rules at 326 IAC 2 and 326 IAC 8 

8 concerning Stage II Vapor Recovery Systems. 

46 

9 I will now introduce Exhibit G, the draft 

10 rules, i~to the record of the hearing. 

11 Chris Pedersen from the Department will 

12 present the rule. 

13 MS. PEDERSEN: Hello again. My name 

14 is Chris Pederson, with the Rules Development 

15 Branch. 

16 Section 182 (b) (3) of the Clean Air Act 

17 requires a Stage II Vapor Recovery System to be 

18 used at certain gasoline dispensing facilities 

19 located in ozone nonattainment areas formerly 

20 classified as serious, severe or extreme. 

21 Stage II vapor recovery technology is installed 

22 on gas pumps and is designed to control gasoline 

23 vapors that can react with sunlight, nitrogen 
1 oxides and other volatile organic compounds to 

2 form ozone. 

3 In 1994, U.S. EPA published onbo~rd 

47 

4 refueling vapor recovery standards for capturing 

5 gasoline vapor when gasoline-powered vehicles are 

6 refueled. By 2006, all new gasoline-powered 

7 vehicles with a gross vehicle weight rating of 

8 less than 14,000 pounds were equipped with this 

9 technology. U.S. EPA estimates that by the end 

10 of 2012, more than 71 percent of the vehicles on 

11 the road were equipped with onboard refueling 

12 vapor recovery technology. 

13 Section 202 (a) (6) of the Clean Air Act 

14 provides U.S. EPA discretionary authority to 

15 revise or waive the Stage II requirements if it 

16 is determined that the onboard refueling vapor 

17 recovery is in widespread use since the two 

18 emission control systems are redundant. On 

19 May 9th, 2012, U.S. EPA made this determination. 

20 Using guidance provided by U.S. EPA, IDEM 

21 conducted an emissions inventory analysis to 

22 develop a revision to the State Implementation 

23 Plan, or SIP, to remove Stage II vapor recovery 
48 

1 requirements in the former serious ozone 

2 nonattainment areas of Clark and Floyd Counties 

3 and severe. ozone nonattainment areas of Lake and 

.4 Porter Counties. 

5 IDEM's widespread use analysis determined 

6 that emission reductions could still be met if 

7 Indiana's Stage II requirements were eliminated 

8 in 2016. However, IDEM began phasing the program 

9 out in 2?13 through a nonrule policy document for 

10 new and modified gasoline dispensing facilities. 

11 Therefore, it is necessary for Indiana to account 

12 for the potential loss in emission reductions 

13 from the early removal of the Stage II 

14 requirements for the years 2013 through 2015. 

15 IDEM has prepared an antibacksliding 

16 demonstration that accounts for the potential 

17 loss reductions with those achieved through 

18 shutdown credits and other programs that are not 

19 currently accounted for in the SIP. This 

20 demonstration will accompany the rule revision 

21 submitted to U.S. EPA to support modification to 

22 the SIP.' 

23 This rulemaking amends 326 IAC 2-11-2, 
49 

1 326 IAC 8-4-1, and 326 IAC 8-4-6 to remove the 

2 Stage 2 vapor recovery system requirements in 

3 Clark, Floyd, Lake and Porter ~ounties, and to 

4 update information for consistency with U.S. EPA 

5 guidance and the results of IDEM's analysis that 

6 is specific to Indiana. 

7 IDEM recommends that the Board 

8 preliminarily adopt this proposed rule. 

9 CHAIRMAN GARD: Are there any 

10 questions for Chris? 

11 Yes. 

12 MR. POWDRILL: Chris, am I safe in 

13 assuming that this does not affect the tanker 

14 truck sec6ndary vapor recovery? When the tanker 

15 truck dumps his load of gas into the tank, he is 

16 supposed to hook up a vapor portal, and that is 

17 not changed 

18 

19 

20 

21 

22 

23 

MS. PEDERSEN: 

MR. ·POWDRILL: 

MS. PEDERSEN: 

MR. POWDRILL: 

COMM. EASTERLY: 

MS. PEDERSEN: 

Correct. 

-- by this rule? 

Correct. 

Okay. 

That's Stage I. 

Yeah. 
50 

1 MR. POWDRILL: Oh, that's Stage I? 

2 Okay. 

3 CHAIRMAN GARD: Any other questions 

4 for Chris? 

5 (No response.) 

6 CHAIRMAN GARD: Thank you. 

7 There are no speaker cards that have been 

8 turned in. Does anybody from the audience want 

9 to comment? 

10 (No response.) 

11 CHAIRMAN GARD: Hearing none, this 

12 hearing is concluded. 

13 Is there Board discussion? 

14 (No response.) 

15 CHAIRMAN GARD: I need a motion for 

16 preliminary adoption of the rule. 

17 

18 

19 

20 

21 aye. 

22 

23 

MR. HORN: So moved. 

CHAIRMAN GARD: Is there a second? 

MR ·. CARMICHAEL: Second. 

CHAIRMAN.GARD: All in favor, say 

MR. HORN: Aye. 

MS. ALEXANDROVICH: Aye. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

51 

MR. CARMICHAEL: Aye. 

MR. ETZLER: Aye. 

MR. ANDERSON: Aye. 

MR. BAUSMAN: Aye. 

MR. POWDRILL: Aye. 

MR. CLARK: Aye. 

MR. METTLER: Aye. 

DR. NIEMIEC: Aye. 

MS. FISHER: Aye. 

MS. BOYDSTON: Aye. 

MR. RULON: Aye. 

CHAIRMAN GARD: Aye. 

Those opposed, nay. 

(No response.) 

CHAIRMAN GARD: The rule has been 

16 preliminarily adopted. 

17 This is a public hearing before the 

18 Environmental Rules Board for the State of 

19 Indiana concerning preliminary adoption of new 

20 rules at 329 IAC 16 concerning Electronic Waste. 

21 I will now introduce Exhibit H, the draft 

22 rules, into the record of the hearing. 

23 Dan Watts will present the rule for the 
1 adjourned. 

2 Thank you all. 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

Thereupon, the proceedings of 

September 10, 2014. were concluded 

at 3:43 o'clock p.m. 

143 
144 

1 CERTIFICATE 

2 I, Lindy L. Meyer, Jr., the undersigned 

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville, Shelby County, Indiana, do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday, September 10; 2014 in this matter 

8 and transcribed by me. 

9 

10 

11 Lindy 

~t~~~ L. Meyer, •Jr., 

·-: 12 Notary ~tibli2 in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

19 

20 

21 

22 

23 
G 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Proposed Rule 

LSA Document #12-636 

DIGEST 

Amends 326 lAC 2-11-2, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage II vapor recovery system 

requirements. Effective 30 days after filing with the Publisher. 

HISTORY 

First Notice of Comment Period: December 12, 2012, Indiana Register (DIN: 20121212-IR-326120636FNA). 

Second Notice of Comment Period: November 27, 2013, Indiana Register (DIN: 

20131127-IR-326120636SNA). 

Notice of First Hearing: November 27, 2013, Indiana Register (DIN: 20131127-IR"326120636PHA) .. 

Change in Notice of Public Hearing: January 29, 2014, Indiana Register {DIN: 

20140129-IR-326120636CHA). 

Change in Notice of Public Hearing: July 23, 2014, Indiana Register {DIN: 20140723-IR-326120636CHA). 

Date of First Hearing: September 10, 2014 .. 

PUBLIC COMMENTS UNDER IC 13-14-9-4.5 

IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from 

the draft rule published under IC 13-14 9-4, until the board has conducted a third comment period that is at least 

21 days long. 

REQUEST FOR PUBLIC COMMENTS 

Portions of this proposed rule are substantively different from the draft rule published on November 27, 2013, . 

at DIN: 20131127-IR-326120636SNA. The Indiana Department of Environmental Management (IDEM) is 

requesting comment on the following portions. of the proposed (preliminarily adopted) rule that are substantively 

different from the language contained in ihe draft rule. 

IDEM conducted an emissions inventory analysis to develop a revision to the State Implementation Plan to 

remove stage II vapor recovery requirements in the former serious ozone nonattainment areas (Clark County and 

Floyd County) and severe ozone nonattainment areas (Lake County and Porter County). IDEM's widespread use 

analysis determined that emission reductions could still be met if Indiana's stage II vapor recovery requirements 

were eliminated in 2016; therefore, the draft rule language in the Second Notice of Comment Period indicated the 

effective date of the removal of stage II vapor recovery requirements would be April 1, 2016, which is the 

beginning of the ozone season in Indiana. Because IDEM began phasing the program out in 2013 through a 

nonrule policy document for new and modified facilities, IDEM revised the draft rule language presented to the 

Environmental Rules Board on September 10,2014, to make the removal of the requirements effective on the 

effective date of the rule. IDEM seeks comments on changing the effective date of the removal of stage II vapor 

recovery requirements from April1, 2016, to the effective date of the rule, which is expected to be in Spring 2015. 

In accordance with Indiana Code 4-22-2-36(2), the rule will become effective 30 days after filing with the 

Legislative Services Agency. 

This notice requests the submission of comments on the sections of the rule listed above, including 

suggestions for specific amendments to those sections .. These comments and the department's responses thereto 

will be presented to the board for its consideration at final adoption under IC 13-14-9-6. Comments on additional 

sections of the proposed rule that the com mentor believes are substantively different from the draft rule may also 

be submitted for the consideration of the board. Comments may be submitted in one of the following ways: 

( 1) By m.ail or common carrier to the following address: 

LSA Document #12-636 Stage II Vapor Recovery 

Christine Pedersen 

Rules Development Branch 

Office of Legal Counsel 

Indiana Department of Environmental Management 

Indiana Government Center North 

1 00 North Senate Avenue 

Indianapolis, IN 46204-2251 

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the 

Rules Development Branch at (317) 233-8903. · 

(3) By electronic mail to cpederse@idem.in.gov. To confirm timely delivery of your comments, please request 

a document receipt when you send the electronic mail. PLEASE NOTE: Electronic mail comments will 

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page 1 
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NOT be considered part of the official written comment period unless they are sent to the address 

indicated in this notice. 

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, 

Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. 

Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is 

intended to address, each comment document must clearly specify the LSA document number of the rulemaking 

you are commenting on. 

COMMENT PERIOD DEADLINE 

All comments must be postmarked, faxed, or time stamped not later than October 22, 2014. Hand-delivered 

comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. 

Additional information regarding ·this action may be obtained from Christine Pedersen, Rules Development 

Branch, Office of Legal Counsel, (317) 233-5684 or (BOO) 451-6027 (in Indiana). 

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD 

IDEM requested public comment from November 27,2013, through December 27,2013, on IDEM's draft rule 

language. No comments were received during the second comment period. 

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING 

On September 10, 2014, the Environmental Rules Board (board) conducted the first public hearing/board 

meeting concerning the development of amendments to 3261AC 2-11-2, 326 lAC 8-4-1, and 326 lAC 8-4-6. No 

comments were made at the first hearing. 

326 lAC 2-11-2; 326 lAC 8-4-1; 326 lAC 8-4-6 

SECTION 1. 326 lAC 2-11-2 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 2-11-2 Gasoline dispensing operations 

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

Affected: IC 13-15; IC 13-17 

Sec. 2. (a) This section applies to retail or commercial gasoline dispensing operations that: 

(1) meet the conditions spec.ified in subsection (b); and 

(2) demonstrate compliance as specified in subsection (c). 

(b) To limit potential to emit as provided in section 1(c) of this rule, the fellevAng esnditiens are applieasle-te 

seur0es depending on their location: gasoline dispensing operations shall comply with the following 

conditions based on an average monthly throughput for the last twelve (12) months: 

tB-Fer sources located in Glarlc or Floyd County, the soliree: 

(A) !ills its storage tanks lly vapor balanced Jill; 

(B) has a Stage II vapor recovery system; ana 

(G) dispenses less than Jive million three hundred seventy siJ: !heusand (5,37§,000) gallons of gasoline 

during an average men!h eased on !he last twelve (12) months. 

(2) Far sources located in Lalce or Porter County, the source: 

(A) fills its storage tanlcs lly vapor balaneed Jill; 

(8) has a Stage II vapor reeovel)' system; and 

(G) dispenses less than ene million three hundred fer!y feur thousand (1 ,3~ 4 ,000) gallons of gasoliAe duriAg 

an average month eased on the last twelve (12) months. 

(3) Fer all otf1er sources, the source uses: 

(At (1) For the splash method for filling storage tanks, and dispenses the operation shall dispense less than 

six hundred eighty-eight thousand (688,000) gallons of gasoline. 

tBf (2) For the submerged fill method for filling storage tanl<s, and dispenses the operation shall dispense 

less than eight hundred thirty-three thousand (833,000) gallons of gasoline. 

tG1 (3) For the vapor-balanced fill method for filling storage tanks, and dispeRses the operation shall 

dispense less than one million two hundred eighty-two thousand (1 ,282,000) gallons of gasoline. 8f 

f91 (4) For an operation that uses the fill vapor-balanced fill method for filling storage tanks, and has a stage 

II vapor recovery system, and dispenses the operation shall dispense less than five million three hundred 

seventy-six thousand (5,376,000) gallons of gasoline. 

during aA average month based on !he last twelve (12) montf1s. 

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Indiana Register 

(c) 8oHrces Gasoline dispensing operations electing to comply with this rule must be able to demonstrate 

compliance oo not later than thirty (30) days after receipt of a written request by the department or the U.S. EPA, 

as follows: 

(1) The owner or operator of a gasoline dispensing S9Hf6e operation shall demonstrate compliance with 

subsection (b)(3)(A), (b)(3)(8), or (b)(3)(G), (b)(1}, (b}(2}, or (b}(3) as applicable. 

(2) The owner or operator of a gasoline dispensing source subjeet to operation described in subsection 

(b)(3)(D) (b}(4) shall demonstrate compliance with subsection (b)(3)(D) (b}(4) and 328 11\G 8 4 8(a) tf1roH§A 

328 1/\G 8 4 8(8), 328 lAG 8 4 e(f), aAs 32@ lAG 8 4 eU) tAroU§A 328 1/\G 8 4 e(m). 326 lAC 8-4-6. 

(3) TAo oWAor or operator of a §asoliAe sispeAsiA§ source subjeet to subsoctioR (b)(1) or (b)(2) sf1all 

demoAstrato eompliaAce witf1 subsoetioR (b)(1) or (b)(2), as applicable, aRd 326 11\G 8 4 e. 

(Air Pollution Control Division; 3261AC 2-11-2· filed May 7, 1997, 4:00p.m.: 20 IR 2316; filed Aug 2, 2004, 3:25 

p.m.: 27 IR 3956) 

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 IRe types as described in the applicable section of this 

rule and located in the following counties: 

(1) Clark. 

(2) Elkhart. 

(3) Floyd. 

(4) Hendricks. 

(5) Lake. 

(6) Marion. 

(7) Porter. 

(B) St. Joseph. 

(b) Sections 4 through 7 and 9 of this rule apply to sources of the typos as described in the applicabie 

section of this rule and located in the following counties: 

(1) Boone. 

(2) Dearborn. 

(3) Hamilton. 

(4) Hancock. 

(5) Harrison. 

(6) Johnson. 

(7) Morgan. 

(8) Shelby. 

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

as of January 1, 1980. 

(d) Section 6(a) and 6(b) of this rule apply to any gasoline storage tank at a gasoline dispensing facility with a 

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

(e) Unless a stage II vapor recovery system is decommissioned in accordance with section 6(d) of this 

rule, a gasoline dispensing facility with a stage II vapor recovery system in the following counties shall 

comply with section 6(c) of this rule: applies to gasoliRo dispoRsiAg facilities as described iA sootieR €l(e)(1) of 

this rHie aRe loeated iR: 

(1) Clark. 

(2) Floyd. 

(3) Lake. er 

(4) Porter. 

GoHAiy. 

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(f) Section 6(d) of this rule applies to a gasoline dispensing facility with a stage II vapor recovery 

system that plans to decommission the stage II vapor recovery system. 

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

p.m.: 131R 7; filed Apr 23, 1999, 2:12p.m.: 221R 2855; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477; filed 

Apr 15, 2010, 4:05p.m.: 20100512-IR-326070353FRA) 

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) The 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 the facility was operating. 

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

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

having a vapor recovery and removal efficiency 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 baol(pressure pressure drop 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 

(E) underground piping; 

at prescribed flow rates. Test procedures for this test can be found in EPA 45013-91-022b, "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; 

(D) operation; or 

(E) combination located on contiguous properties and Linder 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 of nine hundred forty-six (946) liters (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 sole 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 45013-91-022b, 

"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. 

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(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 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; 

(D) 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 GARB 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: 

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

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

(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 

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. 

(B) Either a pressure relief valve set to release at not less than seven-tenths (0. 7) pounds per square inch or 

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

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

manufacturer's specifications. 

(2) If the owner 0r 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 

(B) operating according to manufacturer's specifications. 

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

(1) Unless a stage II vapor recovery system is decommissioned in accordance with subsection (d), the 

provisions of subdivision (2) shall apply to any gasoline dispensing facility that has a stage II vapor recovery 

system and is located in any of the following counties: 

(A) Clark. 

(B) Floyd. 

(C) Lake. 8f 

(D) Porter. County mmept if the §asoline dispensing faoility: 

(A) dispenses an average monthly velume sf less than ten theusand (10,000) gallens sf §ass line per menth; 

8f 

(B) is an independent small eusiness marlwter sf §aseline whe dispenses. an avera§e menthly velume of 

less than fifty thousand (§0,000) gallens sf gasoline per menth. 

(2) Ne An owner or operator of a gasoline dispensing facility with a stage II vapor recovery system shall 

eause er allow the dispensin§ sf meter vehiele fuel at any time unless all meter vehiele fuel dispensing 

eperatiens are equipped witfl and utilize a certified vapor collection and control system that is properly 

installed and operated as follows: 

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

(i) has been certified by GARB; and 

(ii) meets the testing requirements specified in subdivision (7)(F). 

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(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. 

(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 that prevents the system from performing in accordance with its certification and design 

specifications. 

(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: 

(i) All parts of the system that can be visually inspected must be checked daily by the operator of the facility 

for the following malfunctions: 

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

(BB) A vapor hose that is crimped or ftattened such that the vapor passage is blocked or severely 

restricted. 

(CC) A nozzle boot that is torn in either of the following manners: 

(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. 

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

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

(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). 

(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. · 

(EE) A nozzle shutoff mechanism that malfunctions in any manner. 

(FF) A vacuum producing device that is inoperative. 

(ii) Any defect in the system that Js discovered in item (i) will require the immediate shutdown of the 

affected pumps until proper repairs are made. 

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

(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. 

(v) Instructions shall: . 

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

system in use at that station; 

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

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. 

(3) Faeilities subjeet to the requiremeAis of subdivisioA (2) shall demoAstrale eompliaRee aeeordiRg Ia the 

followiRg sei'ledule: 

0'\) SiJE (e) moRihs after promulgatioR iR the ease of gasoliRe dispeAsiAg foeililies for whish eoAslruelioA 

eommeAeed after the date of eAaolffieAI ofthe CleaR Air Aet AffieAdffieAis of 1990 (November 15, 1990). 

(8) ORe (1) year after promulgatioR iR the ease of gasoliAe dispeAsiAg facilities that dispeRse all east oRe 

huAdred ti'lousaAd (100,000) galloAs of gasoliRe per moAih, eased oR average ffiOAIRiy sales for ti'le tv:o (2) 

year period prior Is Noveml3er 15, 1992. 

(G) Two (2) years after proffiulgatioR iR the ease of all other gasoliAe dispeRsiAg foeilities. 

(D) AAy gasoliAe dispeAsiAg faeility deseril3ed iR 13olh elauses (A) aRd (8) si'lall ffieel the requiremeAis of 

elause 0'\). · 

fE}-New faeililies eoAslrueted after the proA9ulgatioR of this rule shall ooA9ply with the requiremeAis of 

subdivisioA (2) upoR startup ofthe faeility. 

(F) EJdsliRg foeilities previously eJEeA9pled from, but thai beeome subjeello, the requireffieAts of su8divisioR 

(2) shall eemply with the requiremeAis of subdivisioA (2).withiR oRe (1) year froffi the Elate the foeility 

beeame subjeel. 

(4) AAy gasoliAe dispeAsiAg faeilily thai beeomes subjeet Ia the provisioAs of subdivisioA (2) ataAy lime si'lall 

remaiA subjeel to the provisioAs of subdivisioR (2) at all limes. 

f51 (3) Any gasoline dispensing facility subject to subdivision (2) shall retain copies of all records and reports 

adequate to clearly demonstrate the following:· 

(A) That a certified vapor collection and control system has been installed and tested to verify its 

performance according to its specifications. 

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

requirements. 

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

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

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

vapor collection and control system. 

f61 (4) All records and reports required in subdivision f61 (3) shall be made available to the department upon 

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

(7) Within feF!y live (q§) Elays alter tl1e installation of a vapor oolleotion anEI eontrol system, tl1e owner or 

operator ofthe gasoline Elispensing feoility shall submit to tl1e depaF!ment a registration ferm, wl1iel1 sl1all be 

provided by tl1e depaF!ment of environmental management, olfiee of air quality, tl1at provides, at a minimum, 

tl1e follo•.ving: 

(A) The name, address, and telephone number ofthe facility. 

(B) The signature of lAo o•.vner or operator. 

(G) The GARB eJceeutive order number for lAo vapor oollection and eontrol system to be utili~ed. 

(D) TAo number of no~zles, eJwluding diesel anEIIcerosene, used fer motor vehiele refueling. 

(E) TA.e montAiy average volume of motor vel1iole fuel Elispensed. 

(F) TAo Elate of eompletion of installation ofthe vapor eolleetion anEI eontrol system. Completion of 

installatien in eludes tAo sueeessful passing of a vapor leal<age and 131ocl<age test. 1\ vapor lealmge and 

sloclcage test must, at a minimum, include tl1e fallowing: 

(i) A pressure deeay or lealc test. 

(ii) A dynamie pressure drop test. 

(iii) A liquid 131oelcage test. 

TAO results of tl1ese tests must be submitted witR tAo registration ferm speoilied in tfoJis subdivision. 

f61 (5) 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. 

(d) A stage II vapor recovery system at a gasoline dispensing facility in Clark, Floyd, Lake, or Porter 

counties must be maintained in accordance with subsection (c), unless the owner or operator 

decommissions the stage II vapor recovery system as follows: · 

(1) The owner or operator shall notify the department of the intent to decommission the stage II vapor 

recovery system. 

(2) The owner or operator shall decommission the stage II vapor recovery system in accordance with 

section 14 of the 2009 "Recommended Practices for Installation and Testing of Vapor Recovery 

Systems at Vehicle Refueling Sites:·• of the Petroleum Equipment Institute. 

(3) The owner or operator shall complete decommissioning within one hundred (100) calendar days 

from notification to the department. 

(e) After the effective date of this rule, a stage II vapor recovery system is not required in Clark, Floyd, 

Lake, or Porter counties for: 

(1) a new gasoline dispensing facility; or 

(2) an existing gasoline dispensing facility that has been decommissioned in accordance with 

subsection (d). 

(61 (f) 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. 

'TfoJis dooument is *These documents are incorporated by reference. Copies are available for review and 

copying at the Indiana Depar)ment of Environmental Management, Office of Air Quality, Legal Counsel, Indiana 

Government Center North, TentFt Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 8-4-6; filed Mar 16, 1988, 1:20 p.m.: 111R 2540; filed Aug 11, 1989, 1:40 

p.m.: 13/R 8; tiled Nov 30, 1990, 4:20p.m.: 14/R 605; filed Oct 28, 1993, 5:00p.m.: 17/R 332; filed Sep 18, 

1995,3:00 p.m.: 19 IR 203; errata filed Dec 11, 1995, 3:00p.m.: 19 IR 674; filed Jul30, 1996, 2:00p.m.: 19 IR 

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

Aug 26, 2004, 11:30 a.m.: 28/R 47; filed Apr 15, 2010, 4:05p.m.: 20100512-IR-326070353FRAJ 

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page 7 
Indiana Register 

Notice of Public Hearing 

Posted: 10/01/2014 by Legislative SeJVices Agency 

An h!ml version of this document. 

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141 001-IR-326120636PRA Page 8 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Notice of Public Hearing 

Notice of Public Hearing 

LSA Document #12-636 

Under JC 4-22-2-24. /C 13-14-8-6. and IC 13-14-9. notice is hereby given that on November 12, 2014, at 1:30 

p.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room A, 

Indianapolis, Indiana, the Environmental Rl,lles Board will hold a public hearing on amendments to 326 1AC 2-11-

2., 3261AC 8-4-1, and 326 lAC 8-4-6 concerning stage II vapor recovery requirements in Clark, Floyd, Lake, and 

Porter counties. 

The purpose of this hearing is to receive comments from the public prior to final adoption of these rules by 

the board. All interested persons are invited and will be given reasonable opportunity to express their views 

concerning the proposed amendments. Oral statements will be heard, but, for the accuracy of the record, all 

comments should be submitted in writing. 

Additional information regarding this action may be obtained from Christine Pedersen, Rules Development 

Branch, Office of Legal Counsel, (317) 233-5684 or (BOO) 451-6027 (in Indiana). 

Individuals requiring reasonable accommodations for participation in this event should contact the Indiana 

Department of Environmental Management, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

or call (317) 233-1785 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service 

(711) or (BOO} 7 43-3333. Please provide a minimum of 72 hours notification. 

Copies of these rules are now on file at the Rules Development Branch, Office of Legal Counsel, Indiana 

Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, 

Thirteenth Floor and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, 

Room N201, Indianapolis, Indiana and are open for public inspection . . 

Nancy King, Chief 

Rules Development Branch 

Office of Legal Counsel 

Posted: 10/01/2014 by Legislative Services Agency 

An html version of this document. 

Date: Oct 02,2014 7:32:12AM EDT DIN: 20141001-IR-326120636PHA Page 1 
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ENVIRONMENTAL RULES BOARD MEETING 

ORIGIN'AL 

Transcript of the proceedings held on the 12th day of 

November, 2014, at 402 west washington street, conference 

Room A, Indianapolis, Indiana, before Heather s. orbaugh, 

16 Notary Public in and for the county of Boone, State of 

17 Indiana, CCR: LA. 

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ACCURATE REPORTING OF INDIANA 

William F. Daniels, Prop., RPR/CP, CM 

12922 Brighton Avenue 

carmel, Indiana 46032 

(317) 848-0088 

1 
1 A P P E A R A N C E S 

2 

3 Sen. Beverly Gard- Chair 

4 William Etzler - vice chair 

5 Tom R. Anderson 

6 Gary Powdrill 

7 Dr .. Ted Niemiec 

8 Joanne Alexandrovich 

9 cal Davidson 

10 chris Horn 

11 Gail Boydston 

12 Pam Fisher - IEDC Proxy 

~3 Mike Mettler - IDOH Proxy 

14 Cameron Clark - IDNR Director 

15 K~n Rulon 

16 Kent Abernathy - IDEM Chief of staff 

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2 

I ( 
1 

2 

3 

1:30 PM 

NOVEMBER 12, 2014 

4 SEN. GARD: Let's go around the room and 

5 everybody introduce themselves and tell who they represent 

3 

6 because I think we have some folks in the room who probably 

7 aren't particularly familia~ with this board. 

8 MR. ABERNATHY: Ken Abernathy, I am the 

9 chief of staff of IDEM. 

10 MR. RULON: Ken Rulon representing 

11 agriculture. 

12 

13 

MR. CLARK: cameron clark representing DNR~ 

·MR. METTLER: Mike Mettler, proxy for the 

14 State Health Commissioner, Dr. Jerome Adams. 

15 MS. FISHER: Pam Fisher proxy for secretary 

16 of commerce victor smith. 

17 MS. BOYDSTON: Gail Boydston, representing 

18 manufacturing. 

19 SEN. GARD: Beverly Gard, general public. 

20 MR. ETZLER: Bill Etzler, small business. 

21 MR. ANDERSON: Tom Anderson, en vi ronmenta l . 

22 MR. POWDRILL: Gary Powdrill, public at 

23 large. 

24 DR. NIEMrEc: Ted Niemiec, healthcare. 

· 25 DR. ALEXANDROVICH: Joanne Alexandrovich, 
1 county government. 

2 

3 and recycling. 

4 

5 

MR. DAVIDSON: calvin Davidson, solid waste 

MR. HORN: chris Horn representing labor. 

SEN~ GARD: Thank you ve ry much. The first 

6 order of business is to approve the summary of the minutes '•, . 

7 for september 10, 2014. Is there a motion·to approve them 

8 as distributed? 

9 

10 

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12 

. 13 

14 

MR . HORN: So moved. 

15 present so I thought I should abstain. 

16 

17 

18 

19 report. · 

20 

SEN. GARD: Thank you. Motion passes. 

MR. HORN: So moved. 

SEN. GARD: Ken Abernathy, Commissioner's 

MR. ABERNATHY: Thank you, Madam Chairwoman 

21 and members of the Board and guests. First of all, I 

4 

22 apologize, Commissioner Easterly is in chicago today with 

23 Region Five USEPA, and there is really just two big issues 

24 we have going on. It is on two major USEPA initiatives, it 

25 is providing ~omments for ·submission to USEPA first on the 
... \\ 

1 

2 

3 

SEN. GARD: Yes. 

DR. NIEMIEC: Okay. Thanks . . 

SEN. GARD: . we are probably going to be 

4 finding those things for years . Thank you. Is there a 

5 board motion t o preliminarily adopt the rule? 

6 MR. ANDERSON: so moved. 

7 MR. RULON : second . 

8· SEN. GARD: All in favor say aye. 

9 (Aye, heard.) 

10 SEN. GARD: Opposed, nay .. The motion has 

11 passed. 

12 This is a public hearing before the Environmental 

13 Rules Board for the State of Indiana concerning Final. 

19 

14 Adoption of Amendments to Rules at 326 IAC 2 and 326 IAC 8 

15 concerning stage II Vapor Recovery.systems. I will now 

16 introduce Exhibit B~ the Preliminary Adopted Rules with 

17 IDEM suggested changes into the record of the hearing. 

18 chris, do you want to present that? 

19 

20 

(Exhibit B marked.) 

MS. PEDERSEN: Again, I am chris Pedersen 

21 with the Rules ·Development Branch. This is a ·rule that was 

22 before you in September and was preliminarily adopted. 

23 Under the Clean Air Act, Stage II Vapor Recovery Systems 

24 were required on gas pumps in certain ozone noncontainment 

25 areas. Technology is designed to control gas line vapors 
1 that can react with sunlight, nitrogen oxides, and other 

2 volatile organic compounds to form ozone. In 2012 USEPA 

3 determined that Stage II requirements may no longer be· 

4 needed since most vehicles on the road have onboard 

5 refueling vapor recovery equipment making the stage II 

20 

6 systems redundant. In accordance with USEPA guidance, IDEM 

7 conducted emission inventory analysis to determine when 

8 Stage II vapor recovery requirements could be removed in 

9 Indiana without impacting emission reductions. The 

10 analysis showed that stage II systems would no longer be 

11 needed in 2016, but since the stage II require~ents began 

12 being phased out in 2013, IDEM has prepared a demonstration 

13 that accounts for the potential loss reductions from Stage 

14 II requirements with reductions achieved through shutdown 

15 · credits and other programs that are not currently in the 

16. state implementation plan. This demonStration will 

17 .accompany the rule revision submitted to USEPA to support 

18 modification to the state implementation plan. This 

19 rule~aking amends 326 IAC 2-11-2 326 IAC 8-4-1, and 326 IAC 

20 8-4-6, Turbo stage II vapor recovery system requirements in I 

21 clark, Floyd, Lake, and Porter counties and to update 

22 information for consistency with USEPA guidance and the 

23 results of IDEM's analysis specific to Indiana. 

24 The only changes to this rule since you saw it in 

25 september were minor administrative changes to conform to 
21 

1 the legislative services agency's drafting requirements and 

2 also the removal of an obsolete reference. IDEM recommends 

3 that the board final adopt this proposed rule. Program 

4 staff are here to answer any questions. 

5 SEN. GARD: Are there any questions of 

6 chris? 

7 MR. POWDRILL: Chris, on Page 6 of 10 at the 

8 bottom, ·I guess it would be section 1. 

9 

10 

MS. PEDERSEN: Okay. 

MR. POWDRILL: It talks about 

11 decommissioning, and I -- the way I read it, it says they I 

12 have to -- each gas dispensing facility has to decommission 

j 13 their Stage II Vapor Recovery system or else they have to 

14 continue running it; is that the way I interpreted it? 

15 

16 

MS. PEDERSEN: That's correct. 

MR. POWDRILL: And there is a specific 

17 method for which they decommission it? 

'18 

19 

20 

MS. PEDERSEN: Correct .. 

MR. POWDRILL: I don't understand why. 

MS. PEDERSEN: The pumps that have the 

21 system on now, as long as they maintain the equipment on 

22 it, they have to maintain it in accordance with the rule. 

23 If they choose to decommission it, then they decommission 

24 it in accordance with the rule, but they have that option: 

25 MR. POWDRILL: So they have to take the 
1 stuff off. 

2 MS. PEDERSEN: If they take it off, they 

3 just have to do it in accordance with the rule. And new. 

4 pumps would not have to have the equipment at all. 

5 MR. POWDRILL: when they take it off does 

6 the agency have to sign off on it or anything of that 

7 nature? 

8 

9 

MS. PEDERSEN: No. 

MR. POWDRILL: Just by taking it off it is 

10 considered decommissiuned? 

11 

12 

MS. PEDERSEN: They do have to notify us. 

MR. POWDRILL: Okay. Thank you. 

13 SEN. GARD: Any other questions? 

14 DR. AL.EXANDROVICH: The submission 

22 

15 demonstration that the equivalent emissions reductions from 

16 this and other things, is that available to us and to the 

17 public, and if EPA doesn't approve it, how. does that affect 

18 our rulemaking? 

19 MS. PEDERSEN: As far as availability, 

20 Roger, do you know if -- is it completed? Do you know if 

21 we have completed the demonstration? I think it is 

22 drafted. That would be available when it is completed. As 

23 far as if it is not adopted by USEPA, that does not 

24 actually affect the status of the state rule, it would 

25 still be in effect. And we work with EPA closely on these 
1 things so they are aware of what we are doing, and to the 

2 best of our knowledge, they are not going to have any 

3 issues with this. 

23 

4 DR. ALEXANDROVICH: Can you send that out to 

5 the board once it's complete? 

6 

7 

MS; PEDERSEN: Sure. 

SEN. GARD: Any other questions? I guess 

8 the hearing is completed. 

9 This board will now consider final adoption of 

10 amendments to stage II Vapor Recovery Rules. Is there 

11 discussion by the board? Is there a motion to adopt IDEM's 

12 suggested changes? 

13 MR. DAVIDSON: So moved. 

14 MR. CLARK: seconded. 

15 SEN. GARD: All those in favor say aye. 

16 (Aye heard.) 

17 SEN. GARD: Those opposed, nay. Motion 

18 passes. Motion should be made to final adopt the rule as 

19 amended. Is there a motion? 

20 

21 

22 

23 

24 Mr. Rulon? 

25 

MR. RULON: So moved. 

SEN. GARD: Second? 

MR. POWDRILL: Second. 

SEN. GARD: This is a role call vote. 

MR; RULON: Yay. 
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SEN. GARD: Dr. Alexandrovich?. 

DR. ALEXANDROVICH: Yes. 

SEN. GARD: Dr. Niemiec? 

DR. NIEMIEC: Yes. 

SEN. GARD: Mr. Powdrill? 

MR. POWDRILL: Yes. 

SEN. GARD: Mr. Anderson? 

MR. ANDERSON: Yes. 

SEN. GARD: Mr. Etzler? 

MR. ETZLER: Yes. 

SEN. GARD: Ms. Boydston? 

MS. BOYDSTON: Yes. 

SEN. GARD: Mr. David~on? 

MR. DAVIDSON: Yes. 

SEN. GARD: Mr. ~orn? 

MR. HORN: Yes. 

SEN. GARD: Ms. Fisher? 

MS. FISHER: Yes. 

SEN. GARD: Mr. Mettler? 

MR. METTLER: Yes. 

SEN. GARD: Mr. Clark? 

22 MR. CLARK: Yes. 

23 SEN. GARD: And the chair votes yes. 13 to 

24 nothing, the rule is adopted. 

25 This is a public hearing before the Environmental 

24 
71 

1 the establishment of a development of a climate action 

2 plan~ So that would be the advice that I would give you 

3 because that is the policy making body of this state. But 

4 now is the time to do it. 

5 Any further com~ent? okay. The next meeting will 

6 be Wednesday, January 14, 2015 at 1:30 in this conference 

7 room. Hopefully we won't be snowed in. With that is there 

8 a motion to adjourn? 

9 MR. POWDRILL: So moved. 

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SEN. GARD: Is there a second? 

MR. RULON: Second. 

SEN. GARD: All in favor, say aye. 

(Aye heard.) 

SEN. GARD: We are adjourned. 

(Proceedings adjourned at 3:14 p.m.) 
1 CERTIFICATE 

2 STATE OF INDIANA 

3 COUNTY OF BOONE 

4 

) 

) 55: 

) 

72 

5 I, Heather s. orbaugh, the undersigned court Reporter and Notary Public residing and maintaining offices in the 

6 city of Zionsville, Boone county, Indiana, do hereby certify: 

7 

8 

9 

That I reported to the best of my ability in machine 

shorthand all of the words spoken by all parties in 

attendance during the course of the en~uing proceedings, including objections, if any, made by all counsel present; 

10 That I later reduced my shorthand notes into the 

foregoing typewritten transcript form, which typewritten 11 transcript is a true reco~d to the best of my ability of 

the testimony given by the witness as stated above; 

12 

13 

14 

15 

That I am not a relative or employee.or attorney or 

counsel of any of the parties, nor am I a relative or an 

employee of su~h attorney or counsel, and that I am not 

financially interested in this action. 

16 IN WITNESS HERETO, I have affixed my Notarial Seal and 

subscribed my signature below this 20th day of November, 

17 2014. 

18 

19 

20 

21 

22 

23 

24 Jd~_S,_-~ Notary Public · ·, , , . county of Residence: one (seal) 

25 My commission Expires one April 27, 2017 

Attachment I 

Technical Support Document 

Request for State Implementation Plan Revision to 

Remove Stage II Gasoline Vapor Recovery Systems 

Clark, Floyd, Lake, and Porter Counties, Indiana 

Developed By: 

The Indiana Department of Environmental Management 

April2015 
This Page Left Intentionally Blank 
Table of Contents 

1.0 Introduction and Background .................................................. ........................... ...................... 1 

2.0 Affected CAA Provisions ......................................................................................................... 2 

2.1 Section 184(b )(2) .................................................................................................................. 2 

2.2 Section 193 ............................................................................................................................ 2 

2.3 Section 110(1) ........................................................................................................................ 2 

3.0 Emission Inventory Analysis .................................................................................................... 2 

3. 1 Lake and Porter Counties ....................................................... ............................................... 2 

3.2 Clark and Floyd Counties ..................................................................................................... 3 

4.0 Econotnic Analysis ................................................................................................................... 4 

5.0 Conclusion ................................................................................................................................ 5 

List of Tables 

Table 1: Lake and Porter Counties Offset Analysis 

Table 2: Clark and Floyd Counties Offset Analysis 

Table 3: Lake and Porter Counties Economic Analysis 

List of Appendices 

Appendix A: Indiana Widespread Use Analysis 

Appendix B: Offset Emissions Documentation 

Appendix C: Revocation of Part 70 Operating Permit for the State Line Energy Facility 

Appendix D: Facilities Requesting Exemption from Stage II Requirements Under Indiana 

Nonrule Policy Document Air-036 

Appendix E: Public Patticipation 
1. 0 Introduction and Background 

There are four (4) counties in Indiana which are required by 326 Indiana Administrative Code 

(lAC) 8-4-6( c )(1) to implement Stage II Vapor Recovery Systems (VRS). They are Clark, 

Floyd, Lake, and Porter counties. These counties were initially required to implement Stage II 

VRS because they were classified moderate nonattainment or above under the 1-hour ozone 

standard, which was revoked on June 15, 2005. 

However, the Clean Air Act (CAA) required automobile manufacturers to add Onboard 

Refueling Vapor Recovety Systems (ORVR) to automobiles and other vehicles in a phased 

approach starting in 1998. Since 2006, all new light and medium duty cars, vans, and tmcks are 

equipped with ORVR. On May 9, 2012, the United States Environmental Protection Agency 

(U.S. EPA) determined that, in general, ORVR is in widespread use tln·oughout the highway 

motor vehicle fleet and that Stage II VRS provide increasingly less air pollution reduction 

beyond what is provided by ORVR and is not as cost-effective as the ORVR technology. 

Consequently, effective May 16,2012 (77 Federal Register 28772), U.S. EPA exercised its 

authority under Section 202(a)(6) ofthe Federal Clean Air Act and waived the requirements for 

Stage II VRS at gasoline dispensing facilities (GDFs). Thus, any state currently implementing 

Stage II programs may decide to seek SIP revisions that, once approved by U.S. EPA, would 

allow them to phase out Stage II control systems. 

As a result of U.S. EPA's waived requirements, in January 2013, Indiana initiated a Nomule 

Policy Document (NPD) exercising its enforcement discretion under Section 202(a)(6) of the 

CAA waiving the requirements for Stage II VRS at new and modified gasoline dispensing 

facilities in Clark, Floyd, Lake, and Pmier counties. This NPD became effective Aprill2, 2013. 

Indiana also initiated a rulemaking to revise its State Implementation Plan (SIP) to remove Stage 

II requirements for all facilities in Clark, Floyd, Lake, and Potier counties. As part of that 

rulemaking, an analysis, using U.S. EPA recommended methodologies, was completed specific 

to Indiana. It was concluded that, during calendar year 2016, ORVR would be in widespread use 

in Indiana and that there would be no remaining emissions reduction benefit from Stage II VRS 

beyond the benefit from ORVR. 

By eliminating the Stage II VRS requirement from the SIP for Clark, Floyd, Lake, and Pmier 

counties, an increase in emissions of volatile organic compounds (VOCs) is expected. Such an 

increase, by itself, has the potential to interfere with the ability to attain and maintain compliance 

with the 2008 8-hour National Ambient Air Quality Standard (NAAQS) for ground-level ozone. 

Under Section 110(1) of the CAA, U.S. EPA cannot approve a SIP revision if it would interfere 

with the attainment of the NAAQS, reasonable further progress toward attainn1ent, or any other 

applicable requirement of the CAA. Conversely, U.S. EPA can approve a SIP revision if it can 

be shown that approval of the revision would not interfere with the attainment of the NAAQS, 

reasonable futiher progress toward attainment, or any other applicable requirement of the CAA. 

As mentioned above, Indiana issued, in 2013, a NPD exercising its enforcement discretion to 

waive the requirements for Stage II VRS at new and modified gasoline dispensing facilities in 

Clark, Floyd, Lake and Pmier counties. However, widespread use ofORVR, which would 

negate the VOC emissions increase, will not occur until2016. This document addresses the 

I 
period, 2013 - 2015, when the Stage II VRS requirements were waived but widespread use of 

ORVR has not yet occurred. 

2. 0 Affected CAA Provisions 

There are three (3) main CAA provisions that affect U.S. EPA's ability to propose approval of 

any SIP revision seeking to discontinue an existing SIP-approved Stage II control program. 

These are: Section 184(b )(2), Section 193, and Section 110(1). 

2.1 Section 184(b)(2) 

This section applies to any area of the northeast Ozone Transport Region (OTR). The states of 

Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 

York, Pennsylvania, Rhode Island, Vermont, Virginia and the District of Columbia are in the 

OTR and subject to Section 184(b)(2). Indiana is not part of the OTR and is thus not subject to 

this section. 

2.2 Section 193 

This section applies to any current nonattaimnent areas that adopted a Stage II control progtam 

into its SIP prior to November 15, 1990. Indiana did not adopt a Stage II control program into a 

SIP prior to November 15, 1990. 

2.3 Section II 0(1) 

Guidance from U.S. EPA (EPA-457/B-12-001, August 7, 2012) states that a SIP revision that 

eliminates a Stage II control program can be approved if it can be demonstrated that, when 

combined with contemporaneous emission decreases, a net emissions increase does not occur. 

As such, Indiana is proposing to use emission decreases to offset the emission increases due to 

the removal of the Stage II VRS in Clark, Floyd, Lake, and Porter counties. These emission 

reductions will be quantifiable, permanent, and enforceable. 

For each of the two areas, Clark/Floyd and Lake/Porter, it must be shown that for each year prior 

to the widespread use ofORVR (i.e. 2013,2014, and 2015), that there are emission decreases 

available to offset the absence of emission reductions due to the removal of Stage II VRS 

equipment. 

3. 0 Emission Inventory Analysis 

3.1 Lake and Porter Counties 

For Lake and Porter counties, Indiana is proposing to use emission reductions associated with the 

shutdown of the State Line Energy Generating Plant (State Line Energy) formerly located in 

Lake County, Indiana. State Line ceased operations on March 31, 2012. Using the last three full 

2 
years of operation (2009- 2011) State Line Energy averaged 0.215 tons ofVOCs per ozone 

summer day of emission offsets. 

Table 1 shows the increase of emissions associated with the removal of Stage II VRS at facilities 

in Lake and Pmier counties, as well as offset emissions associated with State Line Energy. In 

the table, the number of facilities removing Stage II VRS equipment for 2013 represents the 

actual number offaci1ities that have sought an exemption from implementing the Stage II 

requirements. For 2014 and 2015, the number of facilities removing Stage II VRS equipment is 

a conservative estimate. The actual number of facilities may be less, thus making the emissions 

increase less. 

Table 1 

Lake and Pmier Counties Offset Analysis 

Emissions State Line Energy 

Number of Increase Offsets VOC Tons/ Offset 

Facilities Emissions Factor VOCTons/ Avg. Summer Day Greater 

Removing VOC Tons/Facility/ Avg. Summer (Avg. of 2009- Than 

Year Stage II* Avg. Summer Day Day 2011) Increase? 

2013 6 0.000944006 0.005664035 0.215 Yes 

2014 12 0.000654335 0.007852014 0.215 Yes 

2015 24 0.000402349 0.009656365 0.215 Yes 

* -Based on actual data for 2013; 2014 and 2015 are conservatively estimated. 

As illustrated in Table 1, and documented in Appendices B, C, D, and E, for Lake and Porter 

counties, for each year prior to the widespread use of ORVR in Indiana (2016), the VOC 

emissions increase associated with the removal of Stage II VRS is more than offset by the VOC 

emission reductions attributed to the permanent closure of the State Line Energy facility. 

3.2 Clark and Floyd Counties 

For Clark and Floyd counties, Indiana is proposing to use emission reductions from Architectural 

and Industrial Maintenance (AIM) coatings. Calculated from the 2011 NEI Version 1, 0.234 

tons ofVOCs per ozone summer day are available for offsets. 

Table 2 shows the increase ofVOC emissions associated with the removal of Stage II at facilities 

in Clark and Floyd, as well as offset emissions associated with AIM coatings. In the table, the 

number of facilities removing Stage II equipment for 2013 represents the actual number of 

facilities that have sought an exemption from implementing the Stage II requirements; for 2014 

and 2015, the number of facilities removing Stage II equipment is a conservative estimate. The 

actual number of facilities may be less, thus making the emissions increase less. 

3 
Table 2 

Clark and Floyd Counties Offset Analysis 

Emissions AIM Coatings 

Number of Increase Offsets VOC Tons/ Offset 

Facilities Emissions Factor VOCTons/ Avg. Summer Day Greater 

Removing VOC Tons/Facility/ Avg. Summer (Avg. of 2009- Than 

Year Stage II* Avg. Summer Day Day 2011) Increase? 

2013 0 0.000659923 0.0 0.292 Yes 

2014 4 0.000457424 0.001829695 0.292 Yes 

2015 8 0.000281269 0.002250149 0.292 Yes 

*-Based on actual data for 2013; 2014 and 2015 are conservatively estimated. 

As illustrated in Table 2, and documented in Appendices B, C, and E, for Clark and Floyd 

counties, for each year prior to the widespread use ofORVR in Indiana (2016), the VOC 

emissions increase associated with the removal of Stage II VRS is more than offset by the VOC 

emission reductions attributed to reductions in AIM coatings emissions. 

Note that for both the Clark/Floyd and Lake/Porter analyses, Indiana is requesting to use only the 

pottion of the emission credits necessary to offset the emissions increase due to the removal of 

Stage II VRS. Indiana retains the right to utilize any remaining emission offsets in the future. 

4. 0 Economic Analysis 

U.S. EPA estimates, in its Stage II Guidance, that for an average size GDF, the aunual cost to 

maintain existing Stage II systems is approximately $3,000 per year. Removing Stage II VRS 

control equipment will eliminate expenses associated with operating Stage II systems. U.S. EPA 

estimates the potential national cost savings for facilities decommissioning Stage II VRS to be 

over $91 million annually1

• 

Page 22 of the Stage II Guidance states that "States that wish to phase out Stage II controls do 

not necessarily need to wait until the foregone emission control approaches zero before seeking a 

SIP revision. There may come a point where retaining Stage II controls is otherwise unattractive 

for cost and cost-effectiveness reasons ... the forgone emission reductions are small enough that 

the loss of control would not affect compliance with the NAAQS." 

IDEM has detetmined that it is cost prohibitive to maintain a Stage II VRS control program in 

Clark, Floyd, Lake, and Potter counties. Using the information supplied in the Stage II 

Guidance, IDEM calculated the cost of operating a Stage II control program. As noted in Table 

3, using the more conservative Lake/Potter calculations as an example and as documented in 

Appendix B, when comparing 2015 to 2016, there is a 52% reduction in tons of ozone/ozone 

season day, but a 107% increase in the cost/ton/ozone season day for the same period. When 

1 EPA Fact Sheet "Final Rule Determining Widespread Use ofOnboard Refueling Vapor Recove~y and Waiver of 

Stage II Requirements." 2012 

4 
2016 is compared to 201 7, a much larger increase in cost is noted when compared to the decrease 

in emissions; 594% increase in cost/tons/ozone season day and an 86% reduction in tons of 

ozone/ozone season day. 

Table 3 

Lake and Porter Counties Economic Analysis 

%Reduction in 

Ozone Per Tons ·of Cost Per 

Ozone Season Day Ozone/Ozone Ozone Season Day %Increase in Cost 

Year (Tons) Season Day . (Per Ton) 

2011 0.576334176 ----- $4,598.88 -----

2012 0.428623364 26% $6,183.73 34% 

2013 0.324738027 24% $8,161.94 32% 

2014 0.225091069 31% $11,775.20 44% 

2015 0.1384079 39% $19,149.86 63% 

2016 0.066837538 52% $39,655.74 107% 

2017 0.009633975 86% $275,119.24 594% 

2018 -0.019183476 NA ($138,165.36) NA 

2019 -0.060333644 NA ($43,930.58) NA 

2020 -0.095194005 NA ($27,843.05) NA 

5. 0 Conclusion 

Indiana requests that the U.S. EPA-approved State Implementation Plan for Clark and Floyd 

counties and for Lake and Porter counties be revised as provided in Appendix A to remove the 

requirement of Stage II VRS at gasoline dispensing facilities. Stage II VRS have provided 

significant air quality benefits but are now becoming less effective. Indiana concluded, using 

U.S. EPA recommended equations, that in 2016, there is no remaining emissions reduction 

benefit from Stage II VRS relative to the benefit from ORVR emission control systems. In 

addition, Indiana has demonstrated that emission decreases are available to more than offset a 

conservatively estimated emission increase due to the removal of Stage II VRS. Lastly, Indiana 

concluded that the cost of the Stage II Control Program greatly outweighs the amount of 

emission reductions received. Therefore, Indiana requests that 2015 be the last year that Stage II 

VRS are required in Clark, Floyd, Lake and Pmter counties. 

5 
Appendix A 

Indiana Widespread Use Analyses 
Clark and Floyd Tum 

rliuSII 

QSII 

QSJJva 

VMTORVR 

Cf 

VoluesfSource _ 

n-u~t s~ee 11 control 

efficiency 

F~ctfon of gasoline throuif'put 

covered by 5t11te II VRS 

2014 

2015 

2016 

2017 

fnlctlon of rosoline throu:t>put 

COVM"M! by traditional VliCUum 

assist Stare 11 'IRS 

Fn~ction of annual VMT of 

psoli~~r~ hi,ehway 

mot:>r vehi cles by ORVR 

equipped vehlcles 

Ccmpotl bllity foetor term 

F~ction of annuzsl piJons of 

hlchw~v motor psoline 

dispensed to ORVR~ulpped 

QORVR vehi cles 

nORVR ORVR in....,...,e control efficiency 

Aver& It annual chanee of 10 

Growth in Consumption Years of SEOS dat:B 

Ga11ons 

Year 

2006 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

1COOGal 

74.582.81 

74,.582.8l 

74,582.81 

74,.582.81 

70.973.<4 

71,010.30 

71.047.19 

71.084.09 

71.121.01 

71.157.95 

71,194.91 

71.231.89 

71.268.89 

Bold lndlalt.,._ba<e 'fNT of psoDne soles 

20U Upd :!lt~ from ElA 

0.86 Based on 1SSS CUI dance 

0.9 

0.89 Oecre~ n~ QSII over time 

0.87 

0.85 

0 .83 

0.95 

0.0777 Us inc Qorvr, see t>lble below 

0.98 

1.0005194 

% Gu Dispensed 

0.<92 

0.555 

0.605 

0.648 

0.695 

0.7S9 

0.777 

0.81 

0.84 

0.865 

0.286 

0.903 

0.919 

0.9!2 

0.943 

C Factor Excess Emissions (t:ons.fyear) 

0.0470085 8.705491525 

0.0503<:9 6 7.757805106 

0.0540015 6.72196181 

0.0574203 5.752236172 

0.06re729 4.676901361 

0.062937 3.986873557 

O.D65268 3.359111023 

0.0672105 2.835722035 

0.0688422 2.395853478 

0.0701631 2.039635919 

0.0714063 1.704085771 

0.0724164 1.4S133!573 

0.0732711 1.200417491 

Term Sources 

~of E<tabllshmennts IDEM 

Ma nteN:~nce costs 

per ~ce 22 of 

:.vtn!lfe Annual Cost ruJdance 

Emission Fector Per formule ~~e 20 

Summer sales R.at1o 51% 

Eq~tion llncrement Equation 2 Deitz! 

0.261071925 0.136441925 

0.22461588 0.09112788 

0.184768575 0.041598575 

o.lq464715 oO..o047692S5 

O.U5247745 o0.044814255 

0.05726985 -().07959015 

0.0604594 -().1.198046 

0.037157025 -().163349975 

0.01793!91 -().20268009 

0.001583655 -().237794945 

-<l.C05141985 -().194455985 

-o.01616358 -o.20815558 

.Q.02548954S -().219747545 

100 

3.000.00 

6.535 lb/ 1000 p i 

03 Seo!:On (tons) Seooondoy (torn:) Ave~ce Per Ft~c:lli ty usin& sn,ae II ~on Seasond~v 

18.432SOC65 0.100724047 0.00117121 6.578.60 

13.70836705 0 .07490912 0 .000871036 s 8.845.69 

10.38587!57 0.056753407 O.DC0659923 s 11,675.47 

7.198933285 0.039338433 O.D0045742' s 16,844.16 

4.4 26604942 0.02<189098 0.000281269 2 7.393AS 

2.137619142 0.01.:.680979 0.000135825 s 56.726.66 

0.3081168 0.001683598 1.95779E-<l5 s 393,552.06 

-o.613531941 -().00335263<: ·3.89841£-DS s {197,642.52) 

· 1.929609563 .Q.010544315 ,0.000122608 (62.841.73) 

·3.044524568 -o.016536746 -o.OC0193451 (39,828.88) 
Lake and Porter Term 

tJlUSII 

QSII 

QSllvo 

VMTORVR 

CF 

QORVR 

.,ORVR 

Ga llons 

Year 

20tl6 

2007 

200S 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

VaJuesfSource:s 

ln-vse s~re 11 control etriciency 

Frectjon af gBSoline throuehput 

covered by s"'~e 11 vRS 

2014 

2015 

2016 

2017 

F~ction of ~soli ne tnroua:hput 

covered by ~d ona l omcuum 

a~.s lst Stare 11 VRS 

Frllction of ennual VMT of 

£BSOJine--pOW'Iered hiJhv/8V 

metOf' vt!hictM by ORVR: 

equip~ed vehjd!S 

Compatibility fetter term 

Fraction of annual Ezt11ons af 

hia:nway motor rase nne 

dispensed to OAVR-equi pped 

vehicles 

ORVR i~.se control efficien~ 

Aven2ce ennuel c::hen:e of 10 

Years of SEOS dens 

1000Gol 

~26,756.28 

426,756.28 

426.756.28 

426,755.28 

4ll6,103.81 

405,314.74 

'05,525.78 

'05,735.93 

405_948.19 

407,159.55 

~,371.04 

~,582.53 

~.794.33 

Bold incfotates base yeor of~-- ..,., __ 

2012 UDdoted from EIA 

D.!S eased on 19SSrufdance 

0.9 

0..89 Deaeasinr QSJI over time 

0.87 

0.85 

0.83 

0.95 

OJ1717 Us ina Qorvr. see table beJcw 

0.9! 

1.00051.."4 

Tem1 

::ofEstebJishmennc;: !OEM 

Maintenance costs 

perp~e22of 

A~&e Annual Cost £Uidance 

Emission factor Per formula paee 20 

Summer Soles Rotio 51" 

%Gas sp~ed 

0.492 

C fectcr Excess Emissions (tcns/ yel!lr) Equet icn l lnaement Equllticn 2 Delta 

0.555 

0.605 0.04700!5 49.81205999 0.251071925 0.135<-:1925 

0.548 0.050~96 44.38948131 0.2246lSS8 0.09W788 

0.595 0.0540015 38.4624767 0.184768575 0.041598575 

0.739 0.057~203 32.91379~ - 0.147454725_ -<1.004769285 

o.m 0.0603729 26.7608~ 0.1152•n•5 -<1.044814255 

0.81 0.052937 22.81254128 0.087269!5 -<1.07959015 

0.84 0.055258 19.22053905 0.0604594 ·0.1198045 

0.!65 0.0672105 16.2257531 0.037157025 -<1.163349975 

0.81!6 0.0688422 13.70885375 0.01793391 -o.20258009 

0.903 0.0701531 ll.67061SOS 0.0025!3555 -<1.23n94945 

0.919 0.0714053 9.750629521 .0.005141985 -<1.194455985 

0.932 0.0724164 8.289955331 _ __-o.016l63SS .0.20815558 

0.943 0.07327ll 5.858683741 -<1.025489545 -<1.21974~5 

3,000.00 

6.535 lb/1000 ~ol 

03 See son {tons) Sel!l~ndl!IV (tons) Aven!t:e Per facilityusinr Stere II Cost/Ton/Seosondov 

105.469~2 0.5763~175 0.00167539 s 4,59!.88 

78.43807555 0.422623364 0.001245998 s 6,lB3.73 

59.42705885 0.324738027 0.000944006 s 8,161.94 

41.1916557 0.225091069 0.000654335 s 11,775.20 

25.32854575 O.l384079 O.ll004023<9 s 19,149.!6 

12.2.312695 0.055837538 0.000194295 s 39,655.74 

1.753017342 0.009633975 :UOOS7E-QS s 27S,ll9.24 

·3.510576026 -<1.019183476 ·5.57659E-()5 5 (138.165.30) 

·ll.0410569l -<I.CS03335U -o.OOOl7S389 s (43_930.58) 

·17.42050291 -<1.095~5 -o.000276727 s (27,843.05) 

--------------------------------------------------------------------------------- --
Appendix B 

Offset Emissions Documentation 
Clark and Floyd 

State and 

County FIPS Code County sec Source 

18019 Clark 2401001000 Architectural Coatings 

18019 Clark 2401008000 Traffic Markings 

18019 Clark 2401100000 Industria l Maintenance Coatings 

18019 Clark 2401200000 Speci al Purpose Coatings 

18043 Floyd 2401001000 Architectural Coati ngs 

18043 Floyd 2401008000 Traffi c Markings 

18043 Floyd 2401100000 Industri a l Maintenance Coatings 

18043 Fl oyd 2401200000 Speci al Purpose Coatings 

Total Federal AIM Emissi ons after Federal 

Reduction Rule Reducti on AIM Rule Reduction 

% ~~ Tons/Summer Day 

38.8% 20.0% 0.367480438 

56.4% 20.0% 0.000394634 

60.5% 20.0% o.0947160n 

60.5% 20.0% 0.010050745 

38.8% 20.0% 0.24862126 

56.4% 20.0% 0.000239995 

60.5% 20.0% 0.064080668 

60..5%. 20.0% 0.006799876 

2011 NEI Version 1 emission estimates 

LADCO Guidance on the reducti ons and the summerday calculation 

http://www.Jadco.orgfrepor-.s/control/white papers/ a im coatings. pdf 

Emissions Emissions 

Pollutant Tons/Year Ton/ Summer Day 

voc 128.9715 0.459350548 

voc 0.1385015 0.000493293 

voc 33.2417 0.118395096 

voc 3.527425 0.012563432 

voc 87.2565 0.310n6575 

voc 0.084229 0.000299994 

voc 22.48985 0.080100836 

voc 2.386495 0.008499845 

Addit i onal Reduction% Necessary Emissi ons After 

To Achieve Total Reduction Further Control Offset 

e.-/ 0 Tons/Summer Day Tons/ Summer Day 

0.235 0.281122535 0.107947379 

0.455 0.000215076 0.000224448 

0.50625 0.046766063 0.059937517 

0.50625 0.004962555 0.006360237 

0.235 0.190195264 0.073032495 

0.455 0.000130797 0.000136497 

050625 0.03163983 0.040551048 

0.50625 0.003357439 0.004303047 

Tota l Offsets Avai labl e 0.292492669 
Lake and Porter Faclllty 10 

smte Une Enerrv. u.c 1SC8900210 

Stote Une ~n"''Y. UC 1808900210 

State Une EnertY. UC 1808900210 

SUite Une Enercv, u.c 1808900210 

State Une Ent:riY. UC 1808900210 

Stote Une EneriY. UC 1808900210 

Stzlte Une Enerrt, U.C 18C8900210 

Stote Une EneriY, U.C 1808900210 

Stote Une Enercv. UC 1808900210 

Stllte Une Enern. U.C 18089C0210 

State Une Enern. uc 1808900210 

StZite Une EM:f"CY, LLC 1808900210 

Stot< Une En"'Tf. U.C 1808900210 

Stl!lte Une Encrty, LLC 1808900210 

Stote Une EnetiY. UC 1808900210 

Stete Une fnrrn. LLC 1803900210 

Stzllte Une Enerry, UC 1808900:210 

Stot< Une Enercv. UC 1808900210 

Stole Une En"''Y. UC 1808900210 

State Une ~nercv. uc 1808900210 

Stote Une Enercv. UC 1808900210 

Stzlte Une EM1'1'/, lLC 1208900210 

Inventory Ye8r Unit 10 Unit Oescriptlon WNTR SPRN SUMR FALL Days/Week WM ks/'(ear Hours)'Oay Hoursj'Vear Process 10 EMI'lS 10 STATUS 

2009 002 0.0 Cyclone COal-Fired BlA 

/IIJX Em~ Genenltor 

nOGA Spaa H~eter 

WAI!ASW Pocka,. BlA 

Sl 10 27 !1 7 .:a 24 7698 01 2902 3 

2009 010 s 92 2 2S 2 155 01 2902 3 

2009 019 60 20 20 12 12 720 01 2902 

2009 020 1 87 0 12 

2009 021 ll3 COa l-flred BlA 32 11 26 Sl 

2009 200 #4 8o ~r • Netu~ l Ges 

#3 Boller· N~tural Ge~ 

6 21 .:a 2S 

2009 300 22 21 S4 23 

2010 002 #4 Cyclone COal..flrtd BLR 

AtJX Emeraency Generetor 

TlOGA Spece Heeter 

WABASH Packare BlA 

26 

u 

68 

19 

26 

23 

29 

22 

57 

23 

35 

22 

27 

27 

2010 010 

2010 019 

2010 020 

2010 021 ll3 COa i·Ared BlA 

2010 200 ~ Bollff .. Natura l Gas 

2010 ~ :a Boiler· Natural Gas 

2011 

2011 

2011 

2011 

2011 

2011 

2011 

2011 

002 ... Cyclcne COa l.flred etA 28 23 

010 AUX &nereency Genet"etor 15 .55 

019 TlOGASpace Heater S6 1¢ 

020 WABASH Pocka,. BlA 77 0 

0"'~ :3 COOl-fired 8lA 28 23 

02• T~Auxlll eryGe:Mnrtor 100 0 

200 #4 Boller· Netural GM 26 25 

SOC #! Boi!ef" ·Natural Ga:: 26 12 

30 

19 

0 

0 

30 

21 

20 

22 

l3 

46 

22 

29 

24 

2S 24 

34 16 

0 0 

0 23 

25 24 

0 0 

22 27 

24 28 

7 

1 

7 

48 

25 

12 

45 

24 

12 

45 

45 

48 

2• 

24 

24 

24 

6 

12 

24 

24 

24 

12 

24 

15 

24 

24 

75S6 

605 

114 

8061 

155 

720 

1 

7583 

32 

37 

7545 

31 

720 

1 

7483 

283 

28 

41 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

01 

2902 

2902 

2902 

2902 

3596 

3596 

3596 

3596 

3596 

3596 

3595 

3 

Prcc!n OescrlptJon 

Unit 4 'Em ss ons 

Distillate Oil F~l Stkll 

n OGASpece Heater 

WABASH Pl!ldalte BUt Stk18 

Coal as fuel Emlssloru: 

Unit a Ge.s Em ss o~ 

UnitS Net Ges Em!!;slons 

Unit a Coal Emissions 

Distillate Oil Fuel 5tkll 

TJOGASI)ece Heater 

WABASH Pocka,. BlA 5tk18 

Coel ~fuel Emissions 

Unit4 ~s Em ons 

Unit 3 N;,t Qs Emls:sicns 

Un t4~1 Emissions 

111 ~te OJI Fuel SI:Scll 

TIOGA Splice Heater 

WABASH Pocka,. BUt 5tk18 

as fuel Emiz ions 

Temp Auxiliary Genenstor 

Unit.: ~s Emissions 

Unit 3 N~t ~s Emissions 

Potlutzlnt 

voc 

voc 

voc 

voc 

voc 

voc 

voc 

ToM/'fear 

50.78964 

0.0738 

0.0..:95 

0 

19.58295 

0.06875 

0.37675 

Tons.fSumrMr Oay 

0.122592796 

0.001853515 

O.C00076154 

o.cooocoooo 

0.()46913001 

O.coo265632 

0.00115219S 

Total 0.172853291 

voc 

voc 

voc 

voc 

voc 

voc 

voc 

64.41567 

0.0246 

0.044 

0.00003515 

23.77269 

0.2255 

0.18986 

voc 59.55433 

voc 0.015006 

voc 0.()4785 

voc 0.00001183 

voc 22.63206 

VOC O.D9679285 

voc • 0.16951 

voc 0.17985 

0.184044771 

0.000581695 

0.000062.2C9 

0.000001414 

0.067921971 

0.000602903 

0.000479970 

0.1581.46196 

O.C003620..:9 

O.OOOOS4526 

0.000000035 

0.060099311 

0.000000000 

0.00()4.43893 

0.()0()47~132 

Toto! 0.2195601<1 

TWI Offsets AVZi ileble S Year Averere 0.215!69455 
Appendix C 

Revocation of Part 70 Operating Permit for 

State Line Energy Generating Plant 
ot?1- ~3 stt-oo2Jo 

August07, 2013 

Indiana Department ofEnvironmcutal Management 

Pcm1its Admittl~tmtfon am! Support Section, Oft1co of Air Quality 

100 North Senate Avenue 

MC61·5~. IGCN 1003 

lndil.lllapolis; IN 46204-225 l 

kE~\'f:D 

Srillt nf lnJhn1 

AUG 0 9 2013 

RE: State Line Enerm•, U.C- Tcnnination of Part '70 Op·erating i'em1it T089-27037-00211) and 

T089-316<13-00210 

Dear Sir or Madam: 

State Line Energy, LLC desires to terminate its Part 70 Operating Pcnnit pcrtah1ing to the operation 

of coal-tired <lleetlic genemtiJ1g units at the State Une facility located in Hammond, Indiana. 

Units 3 and 4 were taken pennanenlly oil~ line in March of 2012. State Li11e El>crgy, LLC desires to 

terminate nil pnwtsions of tile Pan 70 Operating Permit tolating to operation of the coal-fired boilers 

and associaled equipment at this facility. No other emission sources remain in opoilltion nt the site 

which is undergoing demolition. The Air Pcm1it Application Covel' Sheet, IDEM Form 50639 is 

•ttachcd. 

If yotl need nny additiilnul infonnation regarding this submittal, please contact Mr. B1 ian O'Neil at 

312-373·778\. 

Sincerely, 

Enclosure; Air Permit Application Cover Sllcct, IDEM Form 50639 
NOTES: 

·-'-----~ 1PSM ..-..omce of MrQUii:!lflY .. ·Pcnultt Butrtch j 

100 r;, GMato ""'""'"· MC Gl-b~ Room I OOS I 

lndl.,.pc!lo, ll-l•GWJ•2251 , Tol<johoo>: (317) 233-0178 or 1 

. Fa~mll\3 Nuru~r. (~11)2:'fa-614~ 

l'Will~Ji!!l 

To> Fro•: 1·000·461-0027 •!l011~ (V<IIhln ln~ono) 

1

1 

lhap:~rpoo!lof1h1st~aw,rshootlt;toaJ:JtaPI\hec prooo~ the alr parmlt ~p'fe&tlon. This cover stulet .. ult!iin.\.111naOOnncl.ldad1tl Ia to~ for .il!J.alr ;~~~~~~i\ili~m!iliEili. • t • • 

pm1ll I'!Pplh:;aJfunll sul!miNmt l¢ IWt, CJAQ. Plat•fl th\3 c:ovct ~orr PERMIT fJUMBEf:t~ 

tw of till ~>qUc-l'\t ttm1e: tsnd ntttH;llf\~tiM.41hnt t.l~tlPI¥lr.. WIJt (!lr 

purmlt applfoo1i01'1 pnOo;tJt. _ ... ~ 

£ul:mll tho OJI'IlpfotM .ulrpt"tmltsppllcalfon pi;;&.at.tncludlng au fonr~oo!S ~- ........,...,~. ~~~!f:~F~-i 

· flltadmM!nt5~ ro lfiDM Alr P.errnHa Admll116l~aUt111 Ufi:lrrg tJ-nl. altik~ In 0~ ~,!:..IC~J!Il_~t;.~ ~-~.~~ Uta up par It gilt h~nd ocmnr d LhEs Pfllle t 

lQF.M wm r.~n!f a hill for;cllctdlthnfiHng filo ar,d tanyul~uar,ipPik<tblo fAf!!i. AU{i 0 9 ZOl3 ·1 

Oe!'.Md ln!t~I!Ur.tictriS. fOf thl~ fonn 916: ev,1RilblB nn tl~ A'ir PeJmij 

AJir:Aita~ rorrnaWt!b&tle, l.};f4 ,,, t:mrrt~I'II¥WI Mau~n1 1 

(;. Tax_I_D,_N_Y_m_b_e_r;- (}lf•<MMQuoln! ----~~ 

-00210 

a: Appll~otlon summary: Clwok •II thatopfJ/y, Mu/lip/o pormll nutnbons muy qo ·a.o/gnud ss no•detl btJfJad 011tho 

cimices wloolod IJe/ow. 

0 lnltial Permit 

0 Review Raque•l 

0 Interim Aprlrovai 

Closure 

D Reoowal of Operating Perm~ 

0 Revooollon of Op•ratlng Permit 

D R<;iooatlon or PO!Wblu Svutt:e 

D As!Jholt General Permit 

D Altom•to Emission Faetor Roquo!!l 

D Acid Deposition (Phi!Sc I!) 

0 Admlnislrall•io Amendment: 0 C<>mpony Namo Cl>tJilf/C 0 f'.hWlrJa of Responsible Offlct.'il 

ill cor~ecl/(Jn to N.on~roctmlctd lnroonathm t:l NOtloe 0!1/y Cl>all!W 

0 Mndifir.allon: 0 New em!< >ion lin it or Oonlro/ IJ<>vlco 0 M<KII/iod f'rlll••""' U11n or Oonbul DeW.. 

· 0 ttsw App}o~ab/t;. Pormfll~quimmont tJ c;hr.rnga to ApplloobJ/11}1 of 11 Pcm111 Reql.lirnmel]l 

[J fJrcwnliarJ tll 6"'tgrti1k:rmt Ootertorori~n 0 &ml.ssl.rm Olfs~t 0 MACf Pmoon.~ttJtlitm R~v1aw 

D M.r'tlor Swtoo Madlf{(;ati<m 0 S{(JnJiltwml Srmroo Modlflr~fion 

D Minor Ptmn(t Jll.)dillcalf<m 0 SirPUficanl Pf!nnll Modifir.fllfan 

-"' •. ., .... ~---··-0Qj~~[f$JI'!<I1JIX .......... _. ___ ·-··--·-------- ·····-. 
AJr P~:utnU Af.t.tf,G-.:~1\o:l 

l..tlVff Shnel 

Pagv 2 ott 

.1'1!!!.13 spa!!J!los wh~!I:!I'Li!'_'!'_ee\lf19.~~~-hoWQ•:.~~-~-~~~.9.!~9''~t~}Q discuss lll_e P<~t.r_nlt appliCllUC>.!)0 __ 

9. Wa• a tn®tlng held between tile <'.liTiplliiY and IDEM prior to subtnl\llllg this a~pllca!lon to discuss lhO details of the 

_llli!]cct? ··-···------.... ""•' -----------.-------- ., ................... -------- ' ........... ----~-

I---"''"-'N9. ...... ,,.. _QY.!!;; Ddlo~--- .... ···------~~--

10. Would you Uko to schedtrlt> a maoling with IDEM management and your permit wril•r to discuss the dotails of this 

pro\ect? ....... ____________ _ ----------·---··-

' No LJ :f~~ Ollie'l.iri.l!orwMill:oil.\•~llr~:•e~;.:, __ ;_ ____ _ 

Part C Identifies permit applioatiorm that require special care to ensure that confidential business 

infotmatlon Is kept soparate fmm tho public file. 

ChiiiYUJ of oonfidontiality must ba.madu atlhe limo U1• infummtlon Is subtniltoo t<JIDEM, and must follow the requirements 

•el oot in lhe Indiana Admlnlstrntlve Code (lAC). Tn eiiZUtD lhal your lnformaUon remalr1S conffoonlial, reler lo ll'toiOEM, 

OAQ infllfrnallcrt mgarding submllla1 of tonfldenUal boslnesslnlormalion. For mora hlformaUa!lQil confidentiality for 

certain typos r;f buslnes$ ln(Otmatlon,_p1ease review IDEM's NOI\1'\JIG PoHoy Document Nr-03'1-NPO regarding Emission 

Data. ·~·---------- -----.. ····----·-------------------------· ....................... __ _ .. __ __ 

11.1a rmy ofthelnforrnallon !:<mtained within this application being claimed as cont1dentlal 

Bush1eS_§_Inf_o __ nn~!19!1?.. ...... __ .. . ----------- --~------..-...,.-- -------1 

Part DIs the official certlftcatlon thallhelnformatlan contained within the air penni\ application packet 

Is truthful, accurate, and complete. Any alt permit application packet that we receive withotJt a signed 

certification wilt be deemed Incomplete and may result in denial of the rw.m1it. 

!'or • Port 70 Oporming P""nlt (fVOP) oro Gourco SporJfio Operoung 1\groomont (SSOA), a "rooponsiblo official' n• 

dunned In 326IAC 2·7"1 (34) mosl car1lfy tho air permit application, For all olhet awliranls, ll1,is person!• on 'flUihotized 

Jnd!Y.l9.l!'!l.'.•~ d_ef•>ed.fnJ~ tAc 2-1. 1·1!1 L~. ~----~-----·~~~-- .. 

0 I C6rlify under ponany of law that, bosm:J on infotmal/on and belief formed affet raasonab!a inquiry, lh~> sl<ttomonts and lnfommtion contained in this application are trw, accurot~. and complela. 

Jared Rossi Project Director riii~-- ------------

~-1!!/ rrr/ r& 

Dale ·---------·--' 
. J

IDEM 

. 

. 

INI>IANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosi'cn: ami Our· Envinmmaut. 

Ml~<ta1lel R. Pcn'lt-(1 !UJI'UI.V)J" 

100 N. St.-"ff0le;t Avenue • lndim'!flp(l!i~,IN 46204 

{liDO) 451-60"l7 • (311) 232-8603 • YAVW.kJcm.IN . .golJ 

TIH!rltu. w. El1ilklrrv 

Cuuwllniu1~r 

TO: 

DArt:: 

RE: 

FROM: 

lntaresta<l Parties I Applicant 

August 14, 2613 

State Line Energy, LLC I 069-33511-00210 

Matthew Stuckey, Branch Chief 

Permits Branch 

Office of Air Quality 

Notice of Decision: Revocation 

Please be advised thai on behalf of the Commissioner of the IJepartment of Environmental Management, 

1 have issued a decision regarding the enclosed malter. Pursuant to IC 4-21.5·3·5(1) I his revocation Is . 

effe<:Uve fiftoon (15) days after it is served. When served by U.S. mall, I he order is effective eighteen (18) 

calendar days from the mailing of this notice pursuant to IC4-21.5·3·2(e). 

If you wish lo challenge this decision, IC 4·21.6-3·7 and IC 13·15·7-3 require that you file a petition for 

administratiw> review. This pe!ftloo describing your Intent must be submitted to the Office of 

Environmental Adjudication, 100 North Senate Avenue, Government Center North, Suite N 501E, 

Indianapolis, IN 46204, within oighteon (18) catondar days from tho mailing of this notico. The filing 

of a petition for administrative review is r.ompteto on the w.uliest of the following dales that apply to the 

filing: 

(1) 

(2) 

(3) 

the date the document is delivered to the Office of Environmental Adjudication (OEA); 

lha date of tho postmark on the envelope containing the document, If the document Is mailed to 

OEA by U.S. mail; or 

The date on which the document is deposfted with a privata carrier, as shown by receipt issued 

by the carrier, if the <locumentls sent to the OEA by private carrier. 

The petition must Include facts demonstrating that you are either the applicant, a person aggrieved or 

adversely affected by the decision or othetwise enlilled to review by law. Please identify the permit, 

decision, or other order for which you seek review by permit number. name of the applicant, location, date 

of this notice and all of the following: 

(I) the name and address orthe person making the request: 

(2) the interest of the person making the request; 

(3) Identification of any persons represented by the person making the request; 

(4) the reasons, with particularity, for the request; 

(5) the Issues, with particularity, proposed for considerations at any hearing; and 

(6) identfflcation of tha terms and conditions which, in the judgment of the person making the 

request, would be appropriate In the case In question to satisfy the requirements of the law 

governing documents of the type Issued by the Commissioner. 

If you have technical questions regarding the enclosed documents, please contact the Office of Air 

Qu.ality, Permits Branch at (317) 233·0176. Callers from within Indiana may call toll-free ai1-80Q-451· 

6027, exl 3-0178. · · ···· · · 

Eru::loc;utus 

t-NPiiRHkV,dol6113t2013 
INDIANA DEl'AU'fMEN'l' Ol' ENVIIWN!I-ffiNTAL MANAGEMEN'l' 

Wt~ /

1

roleciiJOosiets am( Ortf Etrli'iriJmmmt. __ ,_. ~---~·--·~r66_:_~;-:§-~nai~:A~~.:_;,oo!silip¢TIS~t~f;ro2o.1 -------------------------·~. 

' (~0)4~H027 • (317)~32-861>3 • w.v.v.~O<n.IN.oov 

Mr. Brtan O'Neil 

Slat<> l.in~> En(l{fJy, U.C 

5000 Dominion Blvd., 

Gloo Allen, Virginia 23060 

Doar Mr. O'Neil: 

R~: 089·33511·00210 

"rh~n~s. W. EaSI~ily 

C4WMJ£t{(.Wf 

RevoC&tion of Part 70 Opera!lng Panni{ Renewal 

No.: 1069·27037·0021 o 

Slate Line Enetyy, LLC was issued a Part 70'0pemtlng Permit Reuewal No.: 't089·27037-00210 on 

July 22, 2011 for a stationary electric utility generating station, located at 103rd Street and Lake Michigan, 

Hammond,ln.diana 46320. On August 0, 2013, the Office of Air Quality (OAQ) received .a letter from the 

source requesting that the Prut 70 Operating Permit Ronewal be revoked since Units 3 and 4 were taken 

vetmanently off-line In Mmch of2012, the source has c.,ood operation, and no other emission sources 

remain In operaUon ol Um site, which is undergoing demolition. 

PU!suant to 326 lAO 2·1.1-9, any permit to construct or operate or any permit revision approval 

granted by the commissioner may be revoked for any cause fi>at establishes in the judgment of tl>e 

commissioner U1a fact that continuance of IIW permit or ponnlt rovislon approval Is not consistent with the 

purposes of 326 lAC 2. Sine:<> the souroo is no lollger In opetatlon, the Part 70 Operallng Pormlt Ronowalls 

no longer required. 

'1 he Part 70 Opamting l'ermit Henewal No. TOB!J.-2703'{ ·OCI21 0 hsuml on .July 22, 2011, Is hereby 

rovoked. PufSU!Int lo IC 4·21 .6·3·5(a) and (b), tllhl rovocalion leiter Is effecllvo in eighteen (18) days from 

the data of this feller. 

Pleas<; be advised that o!>oe this ravocalion Is cffecllve Uta sourca will no long•r have approval to 

operate any omission units at this souroo. In addllion, If there is a need In tha fulure to operata any units at 

this source, construction and opera~on approval will bo nocessaty pwsuant to Indiana's New Source Review 

rogulalions. Once ellectlve, this revocaUon can not be withdrawn or rescinded. 

A copy of the revocaUonls available on the lnlemet at b!!l1;l~ln,oovlali~P.P.fil!lslldem-caats/. For 

add~lonallnformation about air permits and how the pubnc and Interested partie$ ~.;,n parllclpate, refur to lh<~ 

IDEM's Guide for Citizen ParticlpaUon and Penn it Guide on the Internet at www.ldem,in.gov 

If there are any questions about Utfs t·evocaUon, please contact Ch!111as Sullivan al317-?.32-.lJ422 or 

at 1·800-451-0027 (exl2.·8422). 

JRK!cb.• 

.co: File- Lake County 

Lake Counly Health Department 

Comptrance and Enforcement Branch 

An F..qunt (}pJr«tuni!y l!mp!oyct 
INUIANA DEl'ARTMEN1' OF ENVIRONMENTAL MANAGEMENT 

We- Prolel..'l Iloo~·ifmj cutd Our Em•in.mmenl. ~-.,---:-c---:-=c.<;;:;:;:;::-;;=~=:::.'F.::-7=;;;----- . ··--............. - 100 N. Senate Avenue • IOOianap.oDs,tN 4(l2(t4 

Mlchpol R. P~;~f'!~(l 

Gl.!vemar 

(000) 451-6027 • (311) 232-$603 • YMW.«!em.IN.gov 

ThDinBil W, Eo&tOrly 

(W,>.~Yi!~!(<llW 

SENT VIA U,S, MAIL: CONFIRMED DELIVERY AND SIGNATURE REQUESTED 

TO: 

DATE: 

FROM: 

SUBJECT: 

Brian O'Neil 

Slale Line Energy, LLC 

6000 Dol1linion Boulevard 

Glen Allen, VA 23050 

Augusl14, 2013 

Malt Stuckey, Branch Chief 

Permits Branch · 

omoo of Air Ollality 

Final Decision 

ReiiOCation of a Part 70 Operating Penni! 

089·33511-00210 

Enclosed Is lho final decision and supporting malorials for lhe air perrnit applicallon referenced above. 

Please note that this packet conlalnslhe original, signed, permit documents. 

The final decision is being senl to you because our records Indicate lhat you are the contact person for 

this appficatlon. However, If you are not the appropriate person within your company to receive this 

document, please forward It to the correct person. 

A copy of the final decision and supporting materials has also been sent via slandard mail to: 

Jared Rossi, Project Director 

OAQ Permits Branch Interested Parties List 

ff you have technical questions regarding the enclosed documents, please contact the Office of N.r 

Quality, Permits Branch at (317) 233-0178, or toll-free at 1-800-451-6027 (ext. 3·0178), and ask to speak 

to the permit reviewer who prepared the permit. If you think you have received this document in error, 

please contact Joanne Smlddle-Brush of my staff at 1-800-451-6027 (ext 3-0185), or via e.;nall at 

jbrush@idem.IN.gov. 

An Eq~n.l Opp•JrtUllil)' Emp!(})'Cf 
AppendixD 

Facilities Requesting Exemption from Stage II 

Requirements under Indiana Nonrule Policy Document Air-036 
Year County Date Station Name 

2013 Lake 3/10/2013 Family Express 

Porter 5/6/2013 Meijer #266 

Lake 5/9/2013 Meijer #165 

Lake 5/9/2013 Meijer #170 

Porter 5/30/2013 Family Express 

Porter 12/24/2013 Speedway #7524 

2014 Lake 4/1/2014 Travel Centers of America- Gary Station 

Lake 4/1/2014 Travel Centers of America -Lake Station 
Appendix E 

Public Participation Process 
INDL-\.:'\A DEPARTi\IE:'\T OF E:\TI O~ IEXTAL 1\:IA:\'AGE:\IEXT 

Ire Protect Hoosiers a11d Our Environment . 

.\ft:>:ht'/1 E. Dtmids Jr. 100 North Senate Avenue 

Governor Indianapol is, ndi~ n" 46204 

(317) 232-8603 

Thoma:; rr. u/J er~· Toll Free (800) 451-6027 

Commissioner www.ldem.IN.gov 

March 6, 2015 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department of Environmental Management (IDEM) Legal 

Notice of Public Hearing regarding the following: 

• D..aft Technical Support Document lu Support of SIP Revision to Remove Stage ll 

Vapor Reco\•eay Systems for Clark, Floyd, Lake and Poa1er Counties (March S, 

2015) 

pub ished on IDEM's web site on March 6, 2015. It will remain posted on the site until at 

least April22, 2015. 

The notice in full may be found at the foiiO\\ ng web address, under the "Statewide" category. 

http://www.in.gov/ideml5474.htm 

Web publication of the notice was at the request of Scott Deloney, Branch Chief, Programs 

Branch, Office of Air Quality, IDEM. 

Attachments: 

CQ ~(» ~l ~.&U~ ... Ullli~~ll 

By: 

Mike Finklestein 

IDEM Webmaster 

An ~1:31 pMl!n tyErAplny~ 
*IDEM Home 

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