## IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
We ProtectHoosiers andOurEnvironment. MitchellE. DanielsJr. 100 North Senate Avenue Governor Indianapolis. Indiana 46204 (317) 232-8603 

### Thomas W Easterly Toll Free (800) 451-6027 Commissioner www.idem.lN.gov



### June 11, 2010 

### SusanHedman Regional Administrator U.S. EPA, Region 5 77 WestJacksonBoulevard Chicago, Illinois 60604

Re: State ImplementationPlan Submittal for Indiana Regarding 326 lAC 8-1-3, 326 lAC 8-4-1, and 326 lAC 8-4-6; Stage IVaporRecovery, LSA#07-353

DearMs. Hedman:

Pursuantto Section 110 ofthe 1990 CleanAirActandTitle 13 ofthe IndianaCode, the IndianaDepartmentofEnvironmental Management (IDEM) submits an amendmentto the Indiana
state implementationplan. This amendmentconsists ofamendments to 326 lAC 8-1-3, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage Ivaporrecovery measures for gasoline dispensing facilities in Indiana.

The amendments to the stage I vaporrecovery rules updatethe rules to reflectthe actuality that stage Ivaporrecovery systems are already currently inextensive use at gasoline dispensing facilities throughoutthe state. The amendmentto decreasethe minimumtankcapacity in 326 lAC 8-4-6(a)(8)andthe amendmentto include specific standards forthe installationofa submergedfill pipe in 326 lAC 8-4-6(b)(1)are federal requirements underthe January 10, 2008, area source National Emission Standards forHazardous AirPollutants for Source Categories: Gasoline Dispensing Facilities, 73 FR 1916.

The rule was final adoptedonNovember4,2009, bythe AirPollutionControl Board. No
comments were received atthe hearing. Therule was filed withthe Publisherofthe Indiana RegisteronApri115, 2010, andbecameeffective onMay 15,2010. No modeling was necessary forthis submittal.

Throughoutthe developmentofthese amendments to the existingrules, 326 lAC 8-1-3, 326 lAC 8-4-1, and 326lAC 8-4-6, staffofthe Office ofAirQuality workedclosely withyour staffto ensure thatanypotentialproblems thatmightexistwiththis requested state implementationplanrevision wouldberesolved.

RecycledPaper 

## <i} AnEqual OpportunityEmployer Please Recycle 

## 0

### Ms. SusanHedman Page 2 of2

IrequestthatU.S. EPA approve these modifications ofIndiana's state implementation plan. Ifyouhave any questions regarding this submittal, please contact ScottDeloney, Air Programs BranchChief, Office ofAir Quality at (317) 233-5694.

Sincerely,

# }~**13~r** Keith Baugues Assistant Commissioner, Office ofAir Quality

KB/mc Attachments: Supporting Documents

cc: JohnMooney, U.S. EPA Steve Rosenthal, U.S. EPA Keith Baugues, IDEM ScottDeloney, IDEM Christine Pedersen, IDEM MandaClevenger, IDEM SIP file

## Supporting Documents

AttachmentA: Finalrule. LSA Document#07-353(F) as publishedinthe IndianaRegisteron May 12,2010 (DIN: 20100512-IR-326070353FRA)

Attachment B: SignaturePage

Attachment C: SecondNotice as published in the IndianaRegisteronJune 3, 2009 (DIN: 20090603-IR-326070353SNA)

AttachmentD: Publisher's Affidavits

Attachment E: TranscriptofFirstPublic Hearingheld on September2,2009

Attachment F: TranscriptofSecondPublic Hearingheld onNovember4, 2009

Attachment G: Proposedrule as publishedin the IndianaRegisteron September23,2009 (DIN: 20090923-IR-326070353PRA)

AttachmentH: Administrative Checklist (40 CFR 51, Appendix V)Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule LSA Document #07-353(F)

DIGEST

Amends 326 lAC 8-1-3, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage I vapor recovery measures for gasoline dispensing facilities in Indiana. Effective 30 days afterfiling with the Publisher.

HISTORY First Notice of Comment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR-326070353FNA). Continuation of First Notice of Comment Period: September 10, 2008, Indiana Register (DIN: 20080910-IR-326070353FCA). Second Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326070353SNA). Notice of First Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR-326070353PHA). Date of First Hearing: September2, 2009. Proposed Rule: September23,2009, Indiana Register (DIN: 20090923-IR-326070353PRA). Notice ofSecond Hearing: September23, 2009, Indiana Register (DIN: 20090923-IR-326070353PHA). Date of Second Hearing: November4, 2009.

326 lAC 8-1-3; 326 lAC 8-4-1; 326 lAC 8-4-6

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

326 lAC 8-1-3 Compliance schedules Authority: IC 13-14-8; IC 13-17-3 Affected: IC 13-15; IC 13-17

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

### wffieR that were in operation prior to December28,1979, and not meeting the requirements of326 lAC 8-2-2 through 326 lAC 8-2-8 (surface coating ofautos, cans, coils, paper, metal furniture, large appliances, and magnetwire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixedroof tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline transport), and 326 lAC 8-5-2 (asphalt paving) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule: (1) Submittal of plans and specifications to the board by December 31, 1980. (2) Contracts for emission control systems or process modification awarded or purchase orders issued by March 31,1981. (3) Initiation ofon-site construction or installations by June 30, 1981. (4) Completion ofon-site construction or installations by September 30, 1982. (5) Demonstration offinal compliance by December 31, 1982.

(b) All sources located in Clark, Floyd, Lake, Marion, and Portercounties 

### wffieRthat were in operation priorto November 1, 1980, and not meeting the requirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8- 2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating rooftanks), 326 lAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubber tire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule: (1) Submittal of plans and specifications to the board byJune 30, 1981. (2) Contracts for emission control system or process modification awarded or purchase orders issued by August 31,1981. (3) Initiation of on-site construction or installations by October 31, 1981. (4) Completion of on-site construction or installations by October 31,1982. (5) Demonstration offinal compliance by December 31, 1982.

(c) All sources located in Elkhart and St. Joseph counties wfl.ieR that eitherwere in operation prior to December 28, 1979, and are not meeting the requirements of326 lAC 8-2-2 through 326 lAC 8-2-8 (surface

Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 1Indiana Register coating of autos, cans, coils, paper, metal furniture, large appliances, and magnet wire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3 (degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed roof tanks), 326 lAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 lAC 8-4-7 (gasoline transport), and 326 lAC 8-5-2 (asphalt paving) orwere in operation priorto November 1, 1980, and are not meeting the requirements of 326 lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8-2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating rooftanks), 326 lAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical manufacturing), 326 lAC 8-5-4 (rubbertire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule: (1) Submittal of plans and specifications to the board by June 30, 1985. (2) Contracts for emission control systems or process modification awarded or purchase orders issued by August 31, 1985. (3) Initiation ofon-site construction or installation by October 31,1985. (4) Completion of**on~site** construction or installation by September 30, 1986. (5) Demonstration offinal compliance by December 31, 1986.

(d) In cases where an existing facility demonstrates that compliance is not possible by the interim dates specified in subsection (a), an extension may be granted bythe commissioner. The facility shall submit a letter of intent 't'rhich shows compliance with this rule as e>(peditiously as possible, but in no event laterthan December 31, 1982, and shall include a schedule of dates for the following: (1) Submittal of plans. (2) Start construction. (3) Completion of construction. (4) Achieving compliance. (6) Submit performance results. Once the board has approved a source"s compliance plan, the plan shall be incorporated into the facilities" permit and the plan shall be submitted to the U.S. EPA as a SIP revision. Failure to operate '",'ithin these conditions shall be considered a violation ofthis rule.

(e) In cases where an existing facility demonstrates that the emission limitation specified in this rule is not attainable considering economic and technological feasibility, and no offset is available to satisfy 326 I/\C 2 

### 4, the
source may petition the board to receive an e>Etension beyond the dates specified in subsections (a) through (c). The petition shall include the follmving: (1) Dates of equipment modification plans. (2) Dates of equipment installation and/or oonstruction. (3) Yearly emission limitations demonstrating reasonable further progress. (4) Date offinal oompliance, in no case laterthan Deoember 31, 1987.· Once the oommissioner has appro>red a source"s oompliance plan, it shall be inoorporated into the facilities" permit and the plan shall be submitted to the U.S. EPA as a SIP revision. Failure to operate within these conditions shall be considered a violation ofthis rule.



## tB (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties with a monthly throughput oftwenty thousand (20,000) gallons per month or greater and not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practical, but not laterthan in the compliance schedule listing in subsection (a) for those sources in operation prior to January 1, 1980.



## ffi1 (e) All sources located in Elkhart and St. Joseph counties with a monthly throughput oftwenty thousand (20,000) gallons per month or greater and not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not laterthan in the compliance schedule listed in subsection (c).



## fh1 (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and St. Joseph counties 

### wRteA that were in operation priorto January 1, 1980, and have a monthlythroughput between ten thousand (10,000) and twenty thousand (20,000) gallons per month and not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not laterthan indicated in the following compliance schedule: (1) Submittal of plans and specifications to the board by June 30, 1986. (2) Contracts foremission control system or process modification awarded orpurchase orders issued by August 31, 1986.

Pate: May25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 2Indiana Register (3) Initiation ofon-site construction or installation by October 31, 1986. (4) Completion of on-site construction or installation by September30, 1987. (5) Demonstration offinal compliance by December 31, 1987.



## tt1 (g) All sources subject to the requirements of 326 lAC 8-4 located in Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties wAi€Itthat were in existence priorto July 1, 1989, shall achieve compliance not laterthan July 1, 1990.

(h) All sources statewide with a monthly gasoline throughput often thousand (10,000) gallons per month or greaterthat have not metthe compliance schedules in subsection (d), (e), 

### (t), or (g) shall comply with 326 lAC 8-4-6 not laterthan January 10, 2011. (AirPollution ControlBoard; 

### 326 lAC 

### 8-1-3; filedMar 10,1988,1:20p.m.: 111R 

### 2528; errata, 11/R

### 2632; filed Aug 

### 11, 1989, 1:40p.m.: 13/R

### 6; filedApr 15,2010,4:05p.m.: 20100512-IR-326070353FRA)

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 this rule located in the following counties: (1) Clark. (2) Elkhart. (3) Floyd. (4) Hendricks. (5) Lake. (6) Marion. (7) Porter. aA6 (8) St. Joseph. Counties.

(b) Sections 4 through 7 and 9 ofthisrule 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. aA6 (8) Shelby. Counties.

(e) On and after May 1, 1999, seotion 6(0) through 6(e) and 6(h) ofthis rule applies to sourees ofthe type deseribed in seotion 6 ofthis rule, loeated in Vanderburgh County.



## f61 (c) Sections 2 through 5 and 7 through 9 ofthis rule apply to all new sources ofthe types described in this rule as ofJanuary 1, 1980.



## fe1 (d) Section

## e 6(a) and 6(b) ofthis rule applies apply to any gasoline storage tank installed afterJuly 1, -1-989; at a gasoline dispensing facility unless suoh faoility is mEGluded under subseotion 

### (D. with a monthly gasoline throughput often thousand (10,000) gallons per month or greater.

(f) Seetion 6 ofthis rule shall not apply to gasoline dispensing faeilities whieh have monthly gasoline throughputs of less than ten thousand (10,000) gallons per month and: (1) were in e)dstenoe priorto July 1, 1989; or

Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 3Indiana Register (2) are looated at farms or private residenoes.

(e) Section 6(c) ofthis rule applies to gasoline dispensing facilities as described in section 6(c)(1) of this rule and located in: (1) Clark; (2) Floyd; (3) Lake; or (4) Porter; County. (AirPollution ControlBoard; 

### 326 lAC 

### 8-4-1; filedMar 10, 

### 1988, 1:20p.m.: 111R 

### 2538; filedAug 

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

### 7; filedApr

### 23, 1999, 2:12p.m.: 221R

### 2855; readoptedfiledJan 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 motorfuel dispensed per month from a gasoline dispensing facility based upon amonthly 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) "CARS" means the California Air Resources Soard. (3) "Certified" means any vaporcollection and control system 

### wAteRthat 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 fabricated, erected, or installed and refers to anyfacility, emission source, or air pollution control equipment. (5) "Dynamic backpressure test" means a test procedure used to determine the pressure drop (flow resistance) through vapor collection and control systems, including:

(A) nozzles; (B) vapor hoses; (C) swivels; (D) dispenser piping; and (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 workfor an employerfor compensation. (7) "Facility" means any:

(A) building; (B) structure; (C) installation; (D) operation; or (E) combination located on contiguous properties and undercommon ownership; that provides for the dispensing of motorvehicle fuel. (8) "Gasoline dispensing facility" means anyfacility where gasoline is dispensed into motorvehicle fuel tanks
or portable containers from a storage tank with a capacity oftwo thousand one hundred se\<enty ShE (2,176) nine hundred forty-six (946) liters (five hundred seventy five {576) (two hundred fifty (250) gallons) or
more. Diesel fuel and kerosene are not considered to be motorvehicle fuels. (9) "Independent small business marketer ofgasoline" means a person engaged in the marketing of gasoline who: (A) is not a refiner; (S) does not control, is not controlled by, or is not under common control with a**r~efiner;** (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 referr.ed to in this subdivision is by

Date: May 25,2010 4: 13:13PM EDT DIN: 20100512-IR-326070353FRA Page 4Indiana Register

means ofa supply contract oran 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) "Liquidblockage test" means atest procedure used to detectlow points in anyvapor 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 ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (11) "Modification" means any change, removal, or addition, otherthan a certified replacement of any component contained within the vapor collection system and control system. (12) "Motorvehicle" 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) "Motorvehicle fuel" means any petroleum distillate having a Reid vapor pressure of more than four (4) pounds persquare inch and 

### wJ:tf€ftthat is used to power motorvehicles. 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; (0) manages; (E) supervises; or (F) controls; directly or indirectly, a gasoline dispensing facility. (15) "Pressure decay or leaktest" means a test procedure used to quantify the vaportightness 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 CARB 

### wJ:tf€ftthat limits the discharge to the atmosphere of motorvehicle fuel vapor displaced during the dispensing of motorvehicle fuel into motorvehicle fuel tanks.

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

### f61 (1) The provisions of subsection (e) subdivision (2) shall applyto any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except ifthe gasoline dispensing facility:



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

## f21 (B) is an independent small business marketerofgasoline who dispenses an average monthly volume of less than fifty thousand (50,000) gallons of gasoline per month. 

## fe1 (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 motorvehicle fuel dispensing operations are equipped with and utilize a (b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows: 

## te1 (1) No owner oroperator of a gasoline dispensing facility shall allow the transfer of gasoline between any transport and any storage tank unless 

### sooI=tthe tank is equipped with the following:



## fB (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. 

## f21 (B) Either a pressure relief valve set to release at 00 not less than seven-tenths (0.7) pounds per square inch or an orifice offive-tenths (0.5) inch in diameter. 

## f61 (C) A vapor balance system connected betWeen the tank and the transport operating according to manufacturer"s specifications. 

### fe1 (2) Ifthe owner or employees ofthe owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe ownerorthe operator ofthe transport to make certain the vapor balance system is:

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

### ts (B) operating according to manufacturer"s specifications.

Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 5 1



# I.

I

1Indiana Register certified vapor collection and control system wt::Iiffi that is properly installed and operated as follows:



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

(i) has been certified by CARB; and (ii) meets the testing requirements specified in subsection (I()(e). subdivision (7)(F)

.

. (B) Any vapor colledion and control systern utilized shall be rnaintained in accordance to its certified configuration and with the manufacturer"s specification and maintenance schedule. 

## fd1 (G) 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 mannerwt::Iiffi that prevents the system from performing in accordance with its certification and design specifications. f4j (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: 

## tAt (i) All parts ofthe system wt::Iiffi that can be visually inspected must be checked daily by the operator of the facility for the following malfunctions:



## fi1 (AA) Absence or disconnection of any component required to be used to certify the system. 

### W (BB) A vapor hose wt::Iiffi that is crimped orflattened such that the vapor passage is blocked or severely restricted. 

## ttH1 (GG) A nozzle boot wt::Iiffi that is torn in either ofthe following manners:



## f.AA1 (aa) A triangular shaped or similartear one-half (1/2) inch or more to a side or a hole one-half (1/2) inch or more in diameter or length. 

## fBB1 (bb) Slit one (1) inch or more in length. 

## fi¥1 (DD) A faceplate orflexible cone wt::Iiffi that is damaged in the following manner:



## f.AA1 (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). 

## tBB1 (bb) For nozzles forvacuum assist type systems that use a flexible cone, having more than one-fourth (1/4) ofthe flexible cone missing. 

## M (EE) A nozzle shutoff mechanism wt::Iiffi that malfunctions in any manner. 

## M (FF) A vacuum producing device wt::Iiffi that is inoperative. 

## fB1 (ii) Any defect in the system wt::Iiffi that is discovered in Glause (A) item (i) will require the immediate shutdown of the affected pumps until proper repairs are made. 

## tG1 (iii) A signed daily log ofthe daily inspection in clause (A) item (i) shall be maintained at the facility. 

## f91 (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. 

## fE1 (v) Instructions shall:

(AA) be posted in a conspicuous and visible place within the motorvehicle fuel dispensing area for the system in use at that station; The instructions shall (88) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized atthat station; The instructions shall also and (GG) include a warning that repeated attempts to continue dispensing motorvehicle fuel afterthe system has indicated that the vehicle fuel tank is full may result in a spillage of fuel. 

## fft (3) Facilities subject to the requirements of subsection (e) subdivision (2) shall demonstrate compliance according to the following schedule:



## fB (A) Six (6) months after promulgation in the case of gasoline dispensing facilities forwhich construction commenced afterthe date ofenactment ofthe Clean AirAct Amendments of 1990 (November 15, 1990). (8) One (1) year after promulgation in the case ofgasoline dispensing facilities wt::Iiffi that dispense at least one hundred thousand (100,000) gallons ofgasoline per month, based on average monthly sales for the two (2) year period priorto November 15, 1992. 

## fd1 (G) Two (2) years after promulgation in the case of all other gasoline dispensing facilities. f4j (D) Any gasoline dispensing facility described in both subdivisions (1) and (2) clauses (A) and (8) shall meetthe requirements of subdivision (1 ). clause (A). f§1 (E) New facilities constructed afterthe promulgation ofthis rule shall comply with the requirements of subsection (e) subdivision (2) upon startup of the facility. (e1 (F) Existing facilities previously exempted from, but wRieR that become subject to, the requirements of subsection (e) subdivision (2) shall comply with the requirements ofsubsection {e) subdivision (2) within
one (1) yearfrom the date the facility became subject.

(4) Any gasoline dispensing facility that becomes subjectto the provisions of subsection (e) subdivision (2) at anytime shall remain subject to the provisions ofsubsection (e) subdivision (2) at all times.

Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IRc326070353FRA PagefjIndiana Register

(h) Upon request by the agency, the owner or operator of a gasoline dispensing facility which clairns to be exernpt frorn the requirernents ofthis section shall subrnit records to the agency '

....ithin thirty (30) calendar days frorn the date ofthe request '

....hich dernonstrates that the gasoline dispensing facility is in faot eJcernpt. 

## fi1 (5) Any gasoline dispensing facility subject to subseotion (e) subdivision (2) shall retain copies of all records and reports adequate to clearly demonstrate the following:



## tB (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. 

## f31 (C) The time period and duration ofall malfunctions ofthe vapor collection and control system. 

## f41 (D) The motorvehicle fuel throughput ofthe facility for each calendar month ofthe previous year. 

### fej (E) That operators and employees are trained and instructed in the proper operation and maintenance of the vapor collection and control system. 

## ffi (6) All records and reports required in subsection (i) subdivision (5) shall be made available to the agency department upon request. All records shall be retained for a period oftwo (2) years. 

## W (7) Within forty-five (45) days afterthe installation of a vapor collection and control system, the owner or operatorofthe gasoline dispensing facility shall submit to the agency department a registration form, which shall be provided by the department of environmental management, office of air rnanagernent, which quality, that provides, at a minimum, the following:



## tB (A) The name, address, and telephone number ofthe facility. (B) The signature ofthe owner oroperator. 

## f31 (C) The CARB executive order numberfor the vapor collection and control system to be utilized. 

## f41 (D) The number of nozzles, excluding diesel and kerosene, used for motorvehicle refueling. 

### fej (E) The monthly average volume of motorvehicle fuel dispensed. 

### fej (F) The date of completion of installation ofthe 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: 

## fAt (i) A pressure decay orleak test. 

## fB1 (ii) A dynamic pressure drop test. 

## fGt (iii) A liquid blockage test. The results ofthese tests must be submitted with the registration form specified in this SUBsection. subdivision. (8) All vapor collection and control systems shall be retested forvapor leakage and blockage, and successfully pass the test, at least every five (5) years or upon majorsystem replacement or modification. A major system modification is considered to be replacing, repairing, or upgrading seventy-five percent (75%) or more ofa vapor collection and control system of a facility.

(d) 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 document is incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue. Indianapolis, Indiana 46204. (AirPollution ControlBoard; 

### 326 lAC 

### 8-4-6; filedMar 10, 

### 1988, 1:20p.m.: 

### 11 IR2540; filedAug 

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

### 8; filedNov30, 1990,4:20p.m.: 141R 605; filed Oct

### 28, 1993, 5:00p.m.: 

### 17 IR 

### 332; filed Sep 18, 1995,3:00p.m.: 191R203; errata filedDec 

### 11, 1995,3:00p.m.: 191R 

### 674; filedJu130, 

### 1996, 2:00p.m.: 191R 3349; errata filedFeb 

### 18, 1997,4:00p.m.: 

### 20 IR 

### 1738; readoptedfiledJan 10, 2001, 3:20p.m.: 241R 

### 1477; filed Aug26,2004, 11:30a.m.: 281R

### 47; filedApr 15,2010,4:05p.m.: 20100512-IR-326070353FRA)

LSA Document#07 -353(F) ProposedRule: 20090923-IR-326070353PRA Hearing Held: November

### 4, 2009 ApprovedbyAttorney General: April 

### 12, 2010 ApprovedbyGovernor:Apri/15, 2010 Filed with Publisher:Apri/15, 2010, 4:05p.m.

Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 7 

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# IIndiana Register Documents IncorporatedbyReference: None ReceivedbyPublisher SmallBusiness RegulatoryCoordinator:Alison Surface, SeniorEnvironmentalManager, IDEM Compliance and TechnicalAssistance Program

- OPPTA, MC 60-04 -/GCS W041, 100North SenateAvenue, Indianapolis, IN .462Q4-2251,(3J7L?3.2,-f31 Z?or(fjQQ)fj8J3-ZfjQ1,cJ9Q@icJlifJI·irl·gQ'!

. SmallBusinessAssistance Program Ombudsman: BradBaughn, IDEM SmallBusinessAssistance Program Ombudsman, MC 50-01 -/GCN 1307, 100North SenateAvenue, Indianapolis, IN46204-2251, (317) 234-3386, bbaughn@idem.in.gov

Posted: 05/12/2010 byLegislative ServicesAgency An html version ofthis document.



### I· 

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Date: May 25,2010 4:13:13PM EDT DIN: 20100512-IR-326070353FRA Page 8

## Rule#: Agency: Subject: 

# Rule SignaturePage

LSA#07-353(F) AirPollutionControl Board Stage I 

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## Chainnan AirPollutionControl Board

By:

Attorney General, StateofIndiana



## APPROVED:

By:

# Mi?!1E.~·eI','. Governor, StateofIndiana



## ACCEPTED] Date: 

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## Date: 

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By: TITLE 326 AIRPOLLUTIONCONTROLBOARD 

## Indiana LSADocument#07-353(FR)**Legisla~** 

### Filed

### with Publisher: Apri115, 2010,4:05 p.m. 

### By:Kks