### INDIANA D EPARTMENT OF E NVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Envir onment. 100 N

. Senate Avenue • Indianapolis , IN 46204 (800) 451-6027 • (31 7) 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 ofthe 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 Opportu nity Em ployer 

# 0 <i) R ecycledPaper 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 ofWeb 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 ofAir 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 ofsubmittal Enclosed from the governor or his designee. 2. Evidence that the State has adopted the plan in the State code Attachment C or body ofregulations; or issued the permit, order, consent agreement ("document"); in final form.

a. Date ofadoption or final issuance: November 12,2014 b. The effective date ofthe plan, ifdifferent 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 ofthe 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 ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. Attachment C

6. Evidence that public notice was given, including date of Attachments D, E, and G proofofpublication. _X_Notice ofFirst Public Hearing and Publisher's Affidavits

X Notice ofSecond 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 ofpublic comments and State's response. X Second Notice _X_ Proposed Rule 9. Technical Support Document (ifsource 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) meetthe 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) ofthis 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, th e source:



### (1\) fills its storage tanl<s byvapor 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) Forthe 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.
Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR
-326120636FRA Page 1Indiana Register (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,** aREI 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 ofthis 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 ofthis 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) ofthis rule apply to any gasoline storage tank at a gasoline dispensing facility with a monthly gasoline throughput often thousand (10,000) gallons per month or greater. · 

### (e) Unless a stage II vapor recovery system is decommissioned in accordance with section 6(d) ofthis rule, a gasoline dispensing facility with a stage II vapor recovery system in the following counties shall co.mply with section 6(c) ofthis 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 2Indiana Register 

### (f) Section 6(d) ofthis rule applies to a gasoline dispensing facility with a stage II vapor recovery system that plans to decommission the stage II vapor recovery system. 

### {AirPollution Control Division; 326 lAC 8-4-1· filed Mar 10, 1988, 1:20p.m.: 11 IR 2538; filed Aug 11, 1989, 1:40 p.m.: 131R 

### 7; filed Apr23, 1999, 2:12p.m.: 221R 2855; readopted filed Jan 10, 2001, 3:20p.m.: 24/R 1477; filed Apr 15, 2010,4:05p.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"*.

Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR-326120636FRA Page 3Indiana Register (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 motorvehicle 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 ofthe storage tank ifthe fill pipe was installed on or before November 9, 2006; or (ii) six (6) inches from the bottom ofthe storage tank ifthe 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 offive-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) Ifthe owner or employees ofthe owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility of the owner or the operator ofthe 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 ofthe 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 Page4Indiana 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 ofthe system that can be visually inspected must be checked daily by the operator ofthe 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 ofthe 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) ofthe circumference ofthe 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 ofthe 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 ofthe 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) upsA**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:
Date: Mar 05,2015 8:28:36AM EST DIN: 20150304-IR-326120636FRA Page 5Indiana 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 ofthe vapor collection and control system. (D) The motor vehicle fuel throughput ofthe facility for each calendar month ofthe previous year. (E) That operators and employees are trained and instructed in the proper operation and maintenance ofthe 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 oftwo (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 eltl9e vaper eelleetien ana eentrel system. Cempletien ef installalien 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 eftl9ese 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"* ofthe 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 ofthis section shall submit records to the agency within thirty (30) calendar days from the date ofthe 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 Oct28, 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 6Indiana Register Aug 26, 2004, 11:30 a.m.: 2BIR 47; filedApr 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 ApprovedbyAttorney General: January 21, 2015 Approvedby Governor: January 29, 2015 Filed with Publisher: February 5, 2015, 1:29p.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 ofthis 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 Stage 

### IIVapor Recovery Subject: 

### 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 ofIndiana



### 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

# DIndiana 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) ofthe 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 bythe 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 ofvehicles on the· road were equipped with ORVR. Section 202(a)(6) ofthe CAA prqvides U.S. EPA discretionary authority to revise orwaive 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 ofthe NAAQS, reasonable further progress toward attainment, or any other applicable requirement ofthe CAA. IDEM's analysis determined that these requirements could be met by removing Indiana's Stage II requirements in 2016. IDEM is proposing removal ofthe Stage II vapor recovery system requirements for Clark; Floyd, Lake, and Porter counties on April1, 2016, to coincide with the start ofthe 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 1Indiana Register comment on the removal ofthe 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 ofthe 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. EPAwaived 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. Ifyou 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 ofthe 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 ofthe 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 100 North Senate Avenue Mail Code 61-50 Indianapolis, IN 46204-2251 (2) By facsimile to (317) 233-5967. Please confirm the timely receipt offaxed 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 ofthe 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 ofthe 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 ofthe rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked, faxed, ortime 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 2Indiana 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) ofthis rule, the fellowing 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 thesubmerged 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) Forthe 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 souroe 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 soureo 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; filedAug 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 ofthis rule apply to sources ofthe types described in ihis rule located in the following counties: (1) Clark

.

. (2) Elkhart.

(3) Floyd.

Date: Dec 02,2013 10:31:33AM EST ' DIN: 20131127-IR-326120636SNA Page 3Indiana Register (4) Hendricks. (5) Lake. (6) Marion. (7) Porter. (8) St. Joseph. {b) Sections 4 through 

### 7 and 9 ofthis rule apply to sources ofthe 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 ofthe types described in this rule as of January 1, 1980. (d) Section 6(a) and 6(b) ofthis rule apply to any gasoline storage tank at a gasoline dispensing facility with a monthly gasoline throughput often 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) ofthis 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 priorto Apri11, 2016. (AirPollution Control Division; 326/AC 8-4-1: filed Mar 10, 1988, 1:20 p.m.: 11/R 2538; filedAug 11, 1989, 1:40 p.m.: 13/R 7; filed Apr23, 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 definitionsapply 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 anyfacility, 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; Date: Dec02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page4Indiana 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 ofVehicle 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 motorvehicle 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 motorvehicle 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 ofVehicle 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 motorvehicle 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 ofVehicle 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 motorvehicle 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:

Date: Dec02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page 5Indiana Register (i) twelve (12) inches from the bottom ofthe storage tank ifthe fill pipe was installed on or before November 9, 2006; or (ii) six (6) inches from the bottom of the storage tank ifthe 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) Ifthe owner or employees ofthe owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe owner orthe operator ofthe 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 ifthe 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 ofthe 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 orflattened 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) ofthe circumference ofthe 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 ofthe affected pumps until proper repairs are made. (iii) A signed daily Jog ofthe daily inspection in item (i) shall be maintained at the facility. (iv) One (1) operator or employee ofthe gasoline dispensing facility shall be trained and instructed annually in the proper operation and maintenance of a vapor collection and control system.

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA Page 6Indiana 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 offuel. (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 ofthe 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 ofthis 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 ofthe vapor collection and control system. (D) The motor vehicle fuel throughput ofthe facility for each calendar month ofthe previous yeaL (E) That operators and employees are trained and instructed in the proper operation and maintenance ofthe 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 oftwo (2) years. (7) Within forty-five (45) days after the installation of a vapor collection and control system, the owner or operator ofthe 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 ofthe facility. (B) The signature ofthe 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 ofthese 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 ofthe 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 ofthe 2009 "Recommended Practices for·Installation and Testing ofVapor Recovery Systems at Vehicle Refueling Sites"* ofthe 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 afterApril1, 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 ofthis section shall submit records to the agency within thirty (30) calendar days from the date ofthe 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 ofAir 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, 1:20p.m.: 111R 2540; filedAug 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; filedApr 15,2010, 4:05p.m.: 20100512-IR-326070353FRAl


### Notice of Public Hearing

Posted: 11127/2013 byLegislative Services Agency 

### An html version ofthis document.

Date: Dec 02,201310:31:33AM EST DIN: 20131127-IR-326120636SNA ·Page 8Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD

Notice ofPublic Hearing Notice of Public Hearing LSA Document # 1 2-636



### Und erIC 4-22-2-24. IC 13-14-B-6. andIC 13-14-9. notice i s herebygiven that on March 12, 2014, at 1:30 p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference Cent erRoom A, Indianapolis, Indiana, the Environmental Rules Board will hold

### a pub/ic

.hearing on amendment s to 3261AC 2-11-2 and 326 lAC 8-4-6 concerning stage II vaporrecovery system requirements. The purpose ofthis hearing is to receiv e comments from th

. epublicpriorto preliminaryadoption ofthese rules by the board. Allinterestedpersons are invit edand will be given reasonable opportunity to expr ess their views concerning the proposed amendments

. Oralstatements will be heard, but, for the accuracyofthe record, all comments shouldbe submittedin writing.

_ Additionalinformation regarding this action maybe obtainedfrom Christine Pedersen, Rul es Development Branch, Office ofLegal Counsel, (317) 233-5684 or(BOO) 451-6027 (in Indiana). Indi viduals requiring reasonable accommodations forparticipation in this eventshould cont act the Indiana Department ofEnvironmental Management, Americans with DisabilitiesActcoordinatorat: Attn: ADA Coordinator Indi an a Department ofEnvironmental Management Indiana Government CenterNorth 100 North Senat

. e Avenue Indianapolis, IN 46204-2251

. orcall (317) 233-1785 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana R elay Service (711) or (800) 743-3333. Please provide 

### a minimum of72 hours IJOtification.

. Copies ofthese rul es are nowon file at the Rule.s DevelopmentBranch, Office ofLe gal Counsel, Ind i ana Department ofEnvironmental Management, I ndiana Government CenterNorth, 100 North Senate Avenue, Thirt eenth FloorandLegislative Services Agency, Indi ana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Nancy King, Chief Rules Development Branch

.. Office of Legal Counsel


### Posted: 11/27/2013 byLegislative ServicesAgency An html version o f this document.

Date: Dec 02,2013 10:29:54AM EST DIN: 20131127-IR-326120636PHA Page 1

# E

### INDIANA DEPARTMENT OF 

### ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. 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 ofEnvironmental 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 publishedon 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 atthe following web address, under the "Statewide" category. http:/ /www.in.gov/idem/6777.htm Web publication ofthe notice was atthe request ofChristine Pedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofweb page as published.

An Equal OpportunityEmployer 

## 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!lttalHeatth crAP:cornonanceandTetlm!cal Asslst3Ece FliQglam BMromnentaicteanup Envir.onmemal Education

PaRnersfor Pallatian Pre<.rei!Iion 

# Public Notices: Statewrode Tllis islhe IDEM P!.!iliTc Notice Stte lorJlJllicesoovertng the enlireStall! of Indiana_This rur-emaking, Click ForpubHcmeetings ootrequiring noticesrpleaseI 

## Under 40 CFR 51.102, notice is hereby given thatthe Envjronmelltal Rul.es Board**(bo;~rd)** 

## will hold apublic hearing at·its regularly scheduled meeting on Wednespay, S.eptemb.ev 10; 2014, for eachofthe.ail:program rules**list~d** 

## intbis notice. The meeting will convent; at 1:30 p.m. atthe

. . 

## 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 priorto board (!ction

..A.ll iuterest<;d,persons are invited aw:l will be. given areason(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 weekprior 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. IndianaDepartment ofEnvironmental M<magement; Northwest Office, 330 West US. Highway 30, Suites E and F, Valparaiso, 1N46385:·

.,, ... i 

## IndianaDepartment ofEnvironmental Management, Northern Office, Suite 450, 300 N. Michigan Stre.et, SouthBend, Indiana 46601.

· Indian!! Department ofEnvironmental Management; SouthwestOffice, 1120 North Vincem:tes**Avent~e!** 

## P·.O, Box 128, Petersqurg, .Indiana 4'7567o0148, Indiana D.epartmentofEnvironmental 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: RockportTemporary Alternative Opacity Limit (LSA#.l27392). The Pllrpose ofthis hearing is to receive.public cormnentprior,to final adoption ofanew rule at 326

## IAO 5,J78. 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 arevision to the State Implementation Plan required by the Clean AirAct. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional info1mation concerning tbis rule contact Susan Bern at the Indiana Depaltment ofEnvironmental Management, Office ofLegal Counsel, Indiana Government CenterNmth, 

## HiO Nmth Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(in Indiana), or sbem@idem.in.gov.

- StageII Vapor Recovery Systems. (LSA #·12-636). The purpose ofthis hearing is to receive public commentpriorto preliminary adoption ofamendments 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 consistencywith 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 ofthe most recently published·Version ofthis rule is available at: http://wwWJn.gov/idem/5679.htm, For additidna1 information concerning this tule dihtact Chl.·istrne·P¢detsen

# :atthe Indiana DepartmentofEnviromnental Management, Office ofLegafCounsel•, Iridianru Govermnent Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5684 or (800) 451-6027 (ext. 3-5684)(in Iodiarta), orcpedetse@idem.in\gov. · ' 

## For these hearings, 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 hearings. 

# Atranscript ofthe headrtgs and all written submissions tothe•board atthe public hearmgs shal1 be open to•public•inspectiorl atthe Indiana Dejiattment ofEtrviromnentalManagement; copies may be made available to any person upon paymerit ofreproduction costs;Anyperson' heard or represented at the hearmgs of\'equestirtgnotice shall be giVen written notice ofthe actions ofthe board. · • '', ' · ,, Christine Pedersen, Chief Rules Development Section Office ofLegal Cotinsel 

# * * *



# *

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# * * *

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# * * * 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 contactthe agency via the IndianaRelay Se!'Vice at 1-800-743-3333. Please provide a minimum of72 hours' notification.

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. 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 IndianaDeprutment ofEnviromnental Management (IDEM) Notice of Public Hearings for the Enviromnental Rules BoardMeeting, 11/12/2014, regarding the following rulemaking action:

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

was published onIDEM's web site on orbefore October 6, 2014. 

## Itwill remain posted onthe site until at leastNovember 12, 2014. The notice in

## full may be found atthe following web address, under the "Statewide" category. httP://www.in.gov/idem/6777.htm Web publication ofthe notice was at the request ofChristine Pedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofweb page as published.

AilEqual Opportunity Employer 

### By:

Mike Finkelstein IDEM Webmaster


# 0

AState thatWorks 

# - G) RecycledPaper

## ~IOEMHome**lDEr~~**> P®l!cNotkes:> Pllhlic Nntlces:Sta1£wlrte


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### LegalNotice ofPublic 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 airprogramrule listed inthis notice. The meeting will convene at 1:30. p.m. at the Indiana Government Center-South, Conference Room A, 302 WestWashington Street, Indianapolis, Indiana. Thepurpose ofthe 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 EnvironmentalManagement's Web site as early as one week priorto 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 viathe Internet from local libraries, and are available for public inspection atthe following locations: Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center-North, 100 North Senate Avenue, 13thFloor1 Indianapolis, Indiana 46204. Indiana Depattment ofEnvironmental Management, Northwest Office, 330 WestUS Highway 30; Suites E and F,Valparaiso, 1N 46385. ', IndianaDepat1:inent ofEnvironmental Management, Northern Office, Snite 450, 300-N. Michigan Street, SouthBend, Indiana 46601. Indiana Depattment ofEnvironmental Management, Southwest Office, 1120 Nmth Vincennes Avenue, P.O. Box 128, Petersburg, Indiana47567-0128. IndianaDepartment ofEnvironmental Management, Southeast Office, 820 West Sweet Street, Brownstown, Indiana47220-9557. · Legislative Services Agency, Indiana Govemment Center-North, 100 Nmth Senate Avenue, RoomN201, Indianapolis, Indiana 46204. The following air programrule is noticed for hearing and action: StageII Vapor Recovery Systems. (LSA

## # 12-636). The purpose ofthis hearing is to receive public commentprior to fmal adoption ofamendments to 326 lAC 2-11-2,326 lAC 8-4-1, and 326 lAC 8-4-(} conceming revisions to stage 

## IIvaporrecovery system requirements for ·consistency with U.S. EPA's determinationthat onboard refueling vapor recovery technology is inwidespread use and that stage 

## IIvapor 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 willbe submittedto theUnited States Environmental Proteqtion Agency as a revision to the State Implementation Planrequired by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm.

· For additional information conceming this mle contact Christine Pedersen at the Indiana DepmtmentofEnvironmental Management, Office ofLegal Counsel, Indiana Government CenterNmth, 100 North Senate Avenue, Indianapolis at (317) 233-5684 or (800) 451-6027 (ext. 3-5684)(inIndiana), or cpederse@idem.in.gov.

### Forthis 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 publichearing. c, 

### A transcript ofthe 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 maybe made available to any.personuponpayment ofreproduction costs. Any person heard or represented atthe hearing orrequesting notice shall be given written notice ofthe action ofthe board. Christine Pedersen, Chief Rules Development Seclion Office ofLegal Counsel**********************************************************~******~*********~****** 

### Individuals requiring reasonable accommodations for patticipation inthis event should contact theIndiana Depmtment ofEnviromnental Management, Americans with Disabilities Act coordinator at: Attn: ADA Coordinator Indiana Department ofEnviromnental Management 100 N. Senate Avemie Indianapolis, IN 46204

or call (317) 233-1785. Speech and hearing impaired callers may contactthe agency viathe IndianaRelay Service at 1-800-743-3333. Please provide a minimum of72 hours' notification.

# F) 

## 1 2 3 4 5 6 7 8
-B

## 10 11 12
13 

## 14 15 16 17 18 19 20 21 22 23 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

### 1 2 3 4 5 6 7 8 9 10 11 I, 

### 12 13 14 15 16 17 18 19 20 21 22 23 

## APPEARANCES: BOARD MEMBERS: Beverly Gard, Chairman Thomas R. Anderson Gary Powdrill Dr. Ted Niemiec Jo a 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, 20143



## 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

# ~t~~~ Lindy 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

# GIndiana 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. ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe proposed rule that the commentor believes are substantively different from the draft rule may also be submitted for the consideration ofthe board. Comments may be submitted in one ofthe 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 100 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 1Indiana Register 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 ofthe 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 ofthe 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) ofthis 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.

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page2Indiana 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; filedAug 

### 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 ofthis rule apply to sources of IRe types as described in the applicable section ofthis 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 ofthis rule apply to sources ofthe 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 ofthis rule apply to all new sources oftho types described in this rule as of January 1, 1980. (d) Section 6(a) and 6(b) ofthis rule apply to any gasoline storage tank at a gasoline dispensing facility with a monthly gasoline throughput often thousand (10,000) gallons per month or greater. (e) Unless a stage II vapor recovery system is decommissioned in accordance with section 6(d) ofthis rule, a gasoline dispensing facility with a stage II vapor recovery system in the following counties shall comply with section 6(c) ofthis 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.

Date: Oct 02,2014 7:32:54AM EDT DIN: 201410Di-IR-326120636PRA Page 3Indiana Register 

### (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; filedAug 11, 1989, 1:40 p.m.: 131R 

### 7; filedApr

### 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 ofVehicle 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.

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page 4Indiana Register (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 motorvehicles. 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 ofthe storage tank ifthe fill pipe was installed on or before November 9, 2006; or (ii) six (6) inches from the bottom ofthe storage tank ifthe 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 offive-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) Ifthe owner 0r employees of the owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe owner or the operator ofthe 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 ofthe 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 §assline 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).

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page 5

### Indiana Register (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 ofthe 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) ofthe 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 ofthe 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 alleast 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.
Date: Oct 02,2014 7:32:54AM EDT DIN: 20141001-IR-326120636PRA Page 6Indiana Register (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 ofthe vapor collection and control system. (D) The motor vehicle fuel throughput of the facility for each calendar month ofthe previous year. (E) That operators and employees are trained and instructed in the proper operation and maintenance ofthe 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 oftwo (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 oflAo 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 ineludes 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 oftl1ese 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 ofthis section ·shall submit records to the agency within thirty (30) calendar days from the date ofthe 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 ofAir 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; filedAug 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 7Indiana Register Notice of Public Hearing


### Posted: 10/01/2014 by Legislative SeJVices Agency An h!ml version ofthis document.

Date: Oct 02,2014 7:32:54AM EDT DIN: 20141 001-IR-326120636PRA Page 8Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION

Notice ofPublic Heari ng 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 herebygiven that on November 12, 2014, at 1:30 p.m., at the Indiana Government Center South, 302 West Washington Street, Conference CenterRoom A, Indianapolis, I ndiana, the Environmental Rl,lles Board will hold a public hearing on amendments to 326 1A C 2-11- 

## 2., 3261AC 8-4-1, and 326 l AC 8-4-6 concerning stage II vapor recovery r equirements in Clark , Floyd, Lake, and Port er counties. The pur pose ofthi s hearing is to receive comments from the public prior to final adoption ofthese rules by the board. Allinterestedpersons are invited and will be given reasonable opportunity to express their views concerning the proposed amendments

. Oral statements will be hear d, but, for the accuracy ofthe record, all comments should be submitted in writing. Additional information regarding this action maybe obtained from Christine Pedersen, Rules Development Br

anch, Office ofLegal Counsel, (317) 233-5684 or

### (BOO) 451 -6027 (in Indiana).

Individuals requiring reasonable accommodations forparticipation in this event should contact the Ind iana Department ofEnvironmental Management, Americans with Disabiliti es Actcoordinatorat: Attn: ADA Coordinator Indiana Department ofE nvironmental Management Indiana Government CenterNorth 100 North Senate Avenue Indianapoli s, IN 46204-2251 orcall (317) 233-1785 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or

### (BOO} 743-3333. Pl ease provide a minimum of72 hours notification. Copies ofthese rules are now on file at the Rul es Development Branch, Office of Legal Counsel, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Thirteenth Floorand Legisl ative Services Agency, Indi ana Government Cent erNorth, 100 North Senate Avenue, Room N201, Indi anapolis, Indiana and are open forpublic inspection

. . Nancy King, Chief Rules Development Branch Office of Legal Counsel

Posted: 10/01/2014 byLegislative Services Agency An html version ofthis document.

Date: Oct 02,2014 7:32:12AM EDT D IN : 20 141001
-IR-3261 20636PHA Page 1

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# 14 15 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. 18 19 20 21 22 23 24 25 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 17 18 19 20 

# 21 22 23 24 

## 25 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, envi ronmental . 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 very 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 11 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.

## 1 2 

## 3 4 

## 5 6 7 8 9 

# 10 11 

# 12 13 

# 14 15 16 

# 17 18 19 20 

# 21 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. 10 11 

# 12 13 

# 14 15 16 17 18 19. 

# 20 21 22 23 24 

# 25 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

# Jd~_S,_-~ 24 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 ofEnvironmental Management
April2015

### This Page Left Intentionally Blank

## Table of Content s 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 1 10(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 ofTables
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 ofAppendices Appendix A: Indiana Widespread Use Analysis Appendix B : Offset Emissions Documentation Appendix C: Revocation ofPart 70 Operating Permit for the State Line Energy Facility Appendix D: Facilities Requesting Exempt ion from Stage II Requirements Under Indiana Nonrule Policy Document Air-036 Appendix E: Public Patticipation

### 1. 0 Introduction andBackground 

### 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 ofU.S. EPA's waived requirements, in January 2013, Indiana initiated a Nomule Policy Document (NPD) exercising its enforcement discretion under Section 202(a)(6) ofthe 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 ofthat 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 ofvolatile 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) ofthe CAA, U.S. EPA cannot approve a SIP revision ifit would interfere with the attainment ofthe NAAQS, reasonable further progress toward attainn1ent, or any other applicable requirement ofthe CAA. Conversely, U.S. EPA can approve a SIP revision ifit can be shown that approval ofthe revision would not interfere with the attainment ofthe NAAQS, reasonable futiher progress toward attainment, or any other applicable requirement ofthe 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. 0Affected 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 ofthe 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 ofColumbia are in the OTR and subject to Section 184(b)(2). Indiana is not part ofthe 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 II0(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 ifit 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 ofthe Stage II VRS in Clark, Floyd, Lake, and Porter counties. These emission reductions will be quantifiable, permanent, and enforceable. For each ofthe 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 ofemission reductions due to the removal ofStage II VRS equipment.

3. 0 Emission InventoryAnalysis 3.1 Lake and Porter Counties 

### For Lake and Porter counties, Indiana is proposing to use emission reductions associated with the shutdown ofthe 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 ofoperation (2009- 2011) State Line Energy averaged 0.215 tons ofVOCs per ozone summer day ofemission offsets. Table 1 shows the increase ofemissions associated with the removal ofStage II VRS at facilities in Lake and Pmier counties, as well as offset emissions associated with State Line Energy. In the table, the number offacilities 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 offacilities removing Stage II VRS equipment is a conservative estimate. The actual number offacilities 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 ofORVR in Indiana (2016), the VOC emissions increase associated with the removal ofStage II VRS is more than offset by the VOC emission reductions attributed to the permanent closure ofthe 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 ofStage II at facilities in Clark and Floyd, as well as offset emissions associated with AIM coatings. In the table, the number offacilities 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 offacilities removing Stage II equipment is a conservative estimate. The actual number offacilities 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 ofStage 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 ofthe 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 EconomicAnalysis 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 annually 1• 

### Page 22 ofthe 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 ofcontrol 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 ofoperating 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 ofozone/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 ofStage II VRS at gasoline dispensing facilities. Stage II VRS have provided significant air quality benefits but are nowbecoming 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 ofStage II VRS. Lastly, Indiana concluded that the cost ofthe 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 Vol uesfSource

_**n-u~t s~ee**  11 control efficiency**F~ctfon** ofgasolinethrouif'put covered by5t11te II VRS 2014 2015 2016 2017
fnlctlon ofrosolinethrou:t>put COVM"M! bytraditional VliCUum assistStare11 'IRS**Fn~ction** ofannua lVMTof**pso li** **~~r~** hi,ehway mot:>rvehi cles byORVR equipped vehlcles Ccmpotl bll ityfoetorterm**F~ction** ofannuzsl piJons of**hlchw~v**motorpsoline dispensedto**ORVR~ulpped** QORVR vehi cl es nORVR ORVR in....,...,e control e fficiency Aver&Itannual chanee of 10 Growth in Consumption Years ofSEOS 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
Boldlndlalt.,.

_ ba<e 'fNTofpsoDne soles 20U**Upd :!lt** **~** from ElA 0.86 Based on 1SSS CUI dance

0.9 0.89**Oecre~ n~**  QSII overtime 0.87 0.85 0

.83

0.95

0.0777 Us incQorvr, 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 CFactor 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!lfeAnnua l Cost ruJ dance

Emission F ector Per formule**~~e** 20

Summer sa les R.at1o 51%**Eq~t ion**  llncrement Equat ion 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

03Seo!:On (tons) Seooondoy(torn:)**Av e~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

QS llvo

VMTORVR CF

QORVR .,ORVR

Gallons Year 20tl6 2007 200S 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 VaJ uesfSource:s
l n-vse**s~r e**  11 control etriciency
Frectj on af gBSol i ne throuehput covered by**s"'~ e**  11 vRS 2014 2015 2016 2017**F~ction** of**~so li** **ne**tnroua:hput covered by**~d ona** **l** omcuum**a~.s ls** **t** Stare 11 VRS Frllction ofennua l VMT of £BSOJine--pOW'Iered hiJhv/8V metOf' vt!hictM byORVR:**equ ip** **~ed** veh jd!S Compatibilityfetterterm Fraction ofannua l Ezt11ons af hia:nway motor rasenne di spensed to OAVR-equi pped vehicles ORVR**i~ .se**  control**efficien~** Aven2ce ennuel c::hen:eof 10 Y ears ofSEOS 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** Boldincfotates base yeor**of~--** ..,., __ 2012 U Ddoted from EIA D.!S eased on 19SSruf dance

0.9 0..89 Deaeasi nrQSJI overtime 0.87 0.85 0.83

0.95

OJ1717 Usina Qorvr. see tab le beJ cw

0.9!

1.00051.."4 Tem1
::ofEstebJ ishmennc;: !OEM Maintenance costs**perp~e22of A~&e**  Annual Cost £Uidance

Emissi on factor Per formu la paee20

SummerSoles Rotio 51"

%Gas**sp~ed** 0.492 C fectcr Excess Emiss i ons (tcns / yel!lr) Equet icn l lnaement Equllt icn 2 Del ta
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 Seeson {tons)**Sel!l~ndl!IV** (tons) Aven!t:e Per facilityusi nr 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 FI PS Code Cou nty sec Source 18019 Cl ark 2401001000 Arch itectura l Coati ngs 18019 Cl ark 2401008000 Traffic Marki ngs 18019 C l ark 2401100000 I ndustri a l Ma i ntenance Coatings 18019 Cl ark 2401200000 Speci al Purpose Coati ngs 18043 Fl oyd 2401001000 Arch itectura l Coati ngs 18043 Fl oyd 2 401008000 Traffi c Marki ngs 18043 Fl oyd 2401100000 I ndustri a l Ma i ntenance Coati ngs 18043 Fl oyd 2401200000 Speci al Purpose Coati ngs

Tota l Federal AI M Em i ssi ons after Federa l Reducti on Ru l e Reducti on AI M Ru l e Reduction %**~~** Tons/Summe r Day 38.8% 20.0% 0.367480438 56.4 % 20.0% 0.000394634 60.5% 20.0% o.0947160n 60.5% 20.0% 0

.0100507 45 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 NE I Versi on 1 em i ssi on esti mates
LADCO Gu i dance on the reducti ons and the summerday ca l cu l ati on http://www.Jadco.orgfrepor-.s/contro l/ wh ite papers/ a i m coati ngs.pdf Em i ssi ons Em i ssi ons Poll utant Tons /Year Ton/ Summer Day 

## voc 128.9715 0.459350548 

## voc 0.1385015 0

.000493293 

## v

oc 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 Reducti on% Necessary Em i ssi ons After ToAch i eve Total Reducti on 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 0.03 163983 0.040551048 0.50625 0.003357439 0.004303047
Tota l Offsets Ava i l abl e 0.292492669

# La ke a nd Porter

Faclllty 10 smte UneEnerrv.u.c 1SC8900210 StoteUne**~n"''Y .**  UC 1808900210 State Une EnertY. UC 1808900210 SUite Une Enercv,u.c 1808900210 StateUneEnt:riY. UC 1808900210 StoteUneEneriY. UC 1808900210 Stzlte UneEnerrt, U.C 18C8900210

Stote Une EneriY, U.C 1808900210 Stote Une Enercv. UC 1808900210 Stllte UneEnern. U.C 18089C0210 StateUneEnern. uc 1808900210 StZite Une EM:f"CY, LLC 1808900210 Stot<UneEn"'Tf. U.C 1808900210 Stl!lte UneEncrty,LLC 1808900210

StoteUneEnetiY. UC 1808900210 SteteUnefnrrn. LLC 1803900210 Stzllte Une Enerry, UC 1808900:210 Stot<UneEnercv. UC 1808900210 StoleUneEn"''Y

. UC 1808900210 StateUne**~nercv.** uc 1808900210 StoteUneEnercv

. UC 1808900210 Stzlte UneEM1'1'/ , lLC 1208900210 InventoryY e8r Unit 1 0 Unit Oescriptlon WNTR SPRN SUMR FALL Days/Week W M ks/'(ear Hours)'Oay Hoursj'Vear Process 10 EMI'lS 1 0 STATUS 2009 002 0.0CycloneCOal-Fired BlA /IIJX**Em~** Genenltor nOGASpaa**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 COal-flred BlA 32 11 26 Sl 2009 200 #4**8o ~r**  •**Netu~ l**  Ges #3 Boller·**N~tura l** **Ge~** 6 21 .:a 2S 2009 300 22 21 S4 23

2010 002 #4 Cyc lone COa l..flrtd BLR AtJX Emeraency Generetor TlOGASpece He eter 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 COai·Ared BlA 2010 200**~** Bollff.. Natural Gas :a Bo iler· Natural Gas 2010**~**

2011 2011 2011 2011 2011 2011 2011 2011 002

...CyclcneCOal.flredetA 28 23 010 AUX &nereencyGenet"etor 15 .55 019 TlOGASpace Heater S6 1¢ 020 WABASH Pocka,. BlA 77 0**0"'~** :3COOl-fired8lA 28 23 02•**T~Aux lll** **eryGe:Mnrtor** 100 0 200 #4 Boll er· 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!nOescrlptJon Unit 4**'Em ss** **ons** Dist

illat

e Oil**F~ l**  Stkll n OGASpece He ater WABASH Pl!ldalte BUt Stk18

Coa l as fuel Emlssl oru: Unit aGe.s**Em ss** **o~** Un itS Net Ges Em!!;slons

Unita Coal Emissions D ist

illate O il Fuel 5tkll TJOGASI)ece Heater WABASH Pocka,.BlA 5tk18

Coel**~fue l**  Emissions Unit4**~s Em** **ons** Unit 3 N;,t Qs Emls:sicns**Un t4~** **1** Emissions**111 ~te**  OJI Fuel SI:Scll TIOGASplice Heater WABASH Pocka,. BUt 5tk18**as** fuel Emiz ions Temp Auxiliary Genenstor

Unit.:**~s** Emissions Unit 3**N~t ~s**  Em i ssions Potl utzlnt 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 T ota

l 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 AVZiilebleS Year Averere 0.215!69455

# Appendix C

Revocation ofPart 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 

### ofAir 

### Quality 100 North Senate Avenue**MC61·5~.** 

### IGCN 1003 

### lndil.lllapolis; 

### IN 46204-225 l**kE~\'f:D** Srillt nflnJhn1 

## AUG 09 2013

RE: State Line 

## Enerm•, U.C- Tcnnination ofPart '70 Op·erating i'em1itT089-27037-00211) 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 ofcoal-tired <lleetlic genemtiJ1g units at the StateUne 

### facility located in Hammond, Indiana. 

### Units 3 and 4 were taken pennanenlly**oil~**

### line 

### in March of2012. State Li11e El>crgy, 

### LLC desires 

### to terminate nil 

### pnwtsions oftile 

### Pan 70 Operating Permit tolating to operation ofthe coal-fired boilers 

### and associaled equipment atthis facility. No otheremission 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. 

### B1ian O'Neil at 312-373·778\. 

### Sincerely,

Enclosure; Air Permit Application Cover Sllcct, IDEM Form 50639NOTES:**·-'-----~** 1PSM ..-..omce ofMrQUii:!lflY

..·Pcnultt Butrtch j

100 r;, GMato ""'""'"· MC**Gl-b~** Room IOOS 

# 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 ..ult!iin.\.111naOOnncl.ldad1tl

## ;~~~~~~i\ili~m!iliEili.**prooo~** the alrparmlt**~p'fe&tlon.** This cover stuletIa**to~** for .il!J.alr • t • • pm1ll I'!Pplh:;aJfunll sul!miNmt l¢ IWt, CJAQ. Plat•fl th\3 c:ovct**~orr** PERMIT**fJUMBEf:t~** tw oftill**~>qUc-l'\t** ttm1e: tsnd**ntttH;llf\~tiM.41hnt t.l~tlPI¥lr..** WIJt(!lr purmlt applfoo1i01'1 pnOo;tJt.

_ ...**~** £ul:mlltho 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 uppar It gilt**h~nd** ocmnr d LhEs Pfllle 

## t lQF.M wm**r.~n!f** ahill for;cllctdlthnfiHng filo ar,d**tanyul~uar,ipPik<tblo** fAf!!i. 

## AU{i 09 ZOl3 

# ·1 Oe!'.Md**ln!t~I!Ur.tictriS.**fOf**thl~**fonn 916:ev,1RilblB nn**tl~**A'irPeJmij**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

### ssno•detlbtJfJad

### 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<>mponyNamo Cl>tJilf/C 

## 0 f'.hWlrJa ofResponsible Offlct.'il 

### t:l NOtloe 0!1/yCl>all!W 

### ill**cor~ecl/(Jn** to**N.on~roctmlctd** lnroonathm 

## 0 Mndifir.allon: 

## 0 Newem!<>ion linitorOonlro/IJ<>vlco 

## 0 M<KII/iodf'rlll••""' U11n or Oonbul DeW..



### · 0 ttsw**App}o~ab/t;. Pormfll~quimmont**  

### tJ c;hr.rnga to ApplloobJ/11}1 of11 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 MinorPtmn(t Jll.)dillcalf<m 

### 0 SirPUficanl Pf!nnllModifir.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** 

### discusslll_e**P<~t.r_nlt** 

### appliCllUC>.!) 0__ 9. Wa• atn®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 mustfollow the requirements •eloot 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 underponany oflaw that, bosm:J on infotmal/on andbeliefformedaffetraasonab!a inquiry,

### lh~> sl<ttomonts 

### andlnfommtion containedin this application are 

### trw,**accurot~.** 

### andcomplela. 

### Jared Rossi 

### Project Director**riii~--** 

## ------------

# ~-1!!/

# rrr/ r& Dale ·---------·--'.

# J IDEM

.



### . INI>IANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

### We ProtectHoosi'cn: 

### amiOur· 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 

### IApplicant 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) Ihis revocation Is

. effe<:Uve fiftoon (15) days after it is served. When served by U.S. mall, Ihe 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 ofthis 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 oftho 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, 

### ifthe <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 ofthe applicant, location, date of this notice and all ofthe 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, forthe 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 ofthe law governing documents ofthe type Issued 

### by the Commissioner. 

### Ifyou 

### 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~**/1roleciiJOosiets 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.: 1069·27037·0021o

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 oftl>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'{·OCI210 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 ofthis feller. Pleas<; be advised that o!>oe this ravocalion 

### Is cffecllve Uta sourca will no long•r have approval to operate any omission units atthis souroo. In addllion, Ifthere 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 Pennit Guide on the Internet at www.ldem,in.gov Ifthere 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**cutdOur 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 ofa 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 lhatyou are the contact 

### person for this appficatlon. However, 

### Ifyou 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 ofAmerica- Gary Station Lake 4/1/2014 Travel Centers ofAmerica -Lake Station

# Appendix E

Public Participation Process

### INDL-\.:'\A 

### DEPARTi\IE:'\T 

### OF**E:\TI O~** **IEXTAL** 

### 1\:IA:\'AGE:\IEXT Ir

e ProtectHoosiers a11d OurEnvironment
. .\ft:>:ht'/1 E. Dtmids Jr. 1 00 Nor th SenateAvenue Governor Indi anapol is,**ndi~ n"**  46204 (317) 232-8603 Thoma:; 

### r r.**u/J er~·**  Toll Free (800) 451 -6027 Commissioner www.ldem. I N.gov



### March 6 , 

### 2015

CERTIFICATE OF PUBLICATION 

### This is tocertify that the Indiana Department ofEnvironmental Management (IDEM) Legal Notice ofPublic Hearing regarding the following:

• D..aft Technical SupportDocument lu Support of SIP Revision toRemove Stage ll VaporReco\• eay Systems for Clark, Floyd, Lake and Poa1er Counties (March S, 

### 2015)**pub ished**  

### on IDEM's web site on March 6 , 

### 2015

. Itwill remain posted on thesite unti l at least April22, 2015. The notice in

### full ma y be found at the**foiiO\\ ng**  

### web address, under the "Statewide" category
. http://www.in

.gov /ideml5474

.htm Web publication ofthe notic e was at the request ofScott Deloney, Branch Chief , Programs Branch, Office ofA ir Quality, IDEM.

Attachments:**CQ ~(»** **~l ~.&** **U~** ...**Ullli~~ll** 

### By:

Mike Finklestein IDEMWebmaster

An**~1:31 pMl!n** **tyErAplny~***IDEM Home**C~ltf:Srn"19 trtrb~('r'l~** **~.-LwtMJI!..nl}~!** l!IO.:J. \. The-**<tocl:~ ~!o** **gofC'flfllf ~**  l**rtourttttoo.n~ ('-<** **I!O:M>!':"t -t"''~eJer**  Ut:yr}r l p:: e-cf!r::1: 1""'1 ' - P""'""'**(lm~31£~11ta1l0ft** (lTW-.>i.IW<t 

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### Public Notices: Statewide S earch 00\ ' E?.!'<Ot.**11KE** PEXCE

Tilts OS lhtII>EM MittNolle.! S1:o I O< nollt..Stoveii!IQ**Ill~**rnW< Sta:e

### o» ln<l>ana llH$ Da9" IS**~.-s~cped** to PTOvtdo P\1!>1 «: access to**all~**Slate-Wid! j)Ullllc**no ~tt<**  ast!qt!lrfdby s:aM•or ru1t L"lCIL'!Img petl'll!tmg. nMm.))(1ng.metung;llld hMnng not•C>?S Cl•d<lllg!lll'tb<td links' to 'IW!Oo'**;)lfd•1~~~** cntorr:>;Juon related t o the**no 1~**  For pubhcmttt1ngs no1 tf<I'J"'"9 noDces. pltasect...:k the IDEM Cll""da' Subsooptoons Wan! to l:nowaboo:**~"**nohtfS assoon as tlley'oe posted? You=now subswbtto lh!';**r~o<mJI** pu!)!l( nc1>et

# p• By**~rl:1ng** 10**~**tf9!011.you'"" be**se:~t ~n** e ltlilll or text**~** 10 )'01:1**~ ~**  ume IDEM adds mfom>allon to llus tl!!jlO<Ial**P~'i!-** Tlus**ai!O'~**you tostayt1:'1en1 on an PGS11119 an<!**nevt~** nuss a new pos:mg Towbscube

.clickon thewbscupuon lUll< '"thelffl**~.md** column**IQE ·!~I!1:2e!l't'mm!** **S~ ~**  0022/2lltS w:·"'N!!Xt' 

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