Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule

LSA Document #07-353

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 after filing 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: September 2,2009.

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.

Because this proposed rule is not substantively different from the draft rule published on June 3, 2009, at

DIN: 20090603-IR-326070353SNA, the Indiana Department of Environmental Management (IDEM) is not

requesting additional comment on this proposed rule. .

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD

IDEM requested public comment from June 3, 2009, through July 6, 2009, on IDEM's draft rule language.

IDEM received comments from the following parties:

Improving Kids' Environment (IKE)

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

Comment: IKE supports IDEM's proposed revisions to these rules. Stage I Vapor Control technology has

been routine for many years and is a cost-effective way to reduce emissions of volatile organic compounds that

contribute to regional ozone levels and helps prevent waste of product. Air quality in Indiana fails to meet the

health standard in areas where millions of Hoosiers live. And emissions from Indiana contribute to ozone

formation downwind from our borders. It is good public policy to apply this standard statewide. (IKE)

Response: The commenter is correct that stage I vapor recovery is a cost-effective way to reduce emissions

of volatile organic compounds (VOG) that contribute to regional ozone levels and helps prevent waste of product.

IDEM agrees that there are areas within Indiana and the Midwest that do not currently meet the new ozone

standard and that emissions from Indiana contribute to ozone formation downwind from our. borders. Ozone is

both a local and a regional pollutant that forms in the presence of sunlight from VOCs and nitrogen oxides most

often in the summer in a complex chemical reaction. Reducing VOC emissions reduces one of the precursors

necessary for ozone formation. Because ozone is a regional pollutant, reducing its formation in areas that are

attainment for the ozone standard benefits both local and downwind sources not only in Indiana but also

regionally. Therefore, it is good public policy to apply the standard statewide.

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING

On September 2, 2009, the Air Pollution Control Board (board) conducted the first public hearing/board

meeting concerning the development of amendments to 326 lAC 8-1-3 and 326 lAC 8-4. No comments were

made at the first hearing.

Small Business Assistance Information

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

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

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

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

the monthly CTA!? newsletter, and other resources available can be found at:

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

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

Alison Surface

IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041

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100 North Senate Avenue

Indianapolis, IN 46204-2251

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

ctap@idem.in.gov

The Small Business Assistance Program Ombudsman is:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

bbaughn@idem.in.gov

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

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

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

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

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

later than indicated in the following compliance schedule:

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

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

March 31, 1981.

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

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

(5) Demonstration offinal compliance by December 31, 1982.

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

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

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

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

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

not later than indicated in the following compliance schedule:

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

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

August 31, 1981.

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

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

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

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

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

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

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

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

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

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

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

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

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

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compliance schedule:

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

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

August 31, 1985.

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

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

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

(d) In cases where an existing facility demonstrates that oomplianoe is not possible by the interim dates

specified in subsection (a), an mEtension may be granted by the commissioner. The facility shall submit a letter of

intent which shows compliance with this rule as o>(peditiously as possible, but in no event later than December 31,

1982, and shall include a schedule of dates for the following:

(1) Submittal of plans.

(2) Start construction.

(3) Completion of oonstruction.

(4) Aohieving compliance.

(5) Submit performance results.

Gnce the board has appro'red 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 re\'ision. Failure to operate within these conditions shall

be considered a violation of this rule.

(e) In cases where an Oldsting faoility demonstrates that the emission limitation specified in this rule is not

attainable considering economic and technologioal feasibility, and no offset is available to satisfy 326 lAC 2 4, the

souree may petition the board to receive an o><tension beyond the dates specified in subsections (a) through (c).

The petition shall include the fellm\'ing:

(1) Dates of equipment modification plans.

(2) Dates of equipment installation and/or construction.

(3) Yearly emission limitations demonstrating reasonable further progress.

(4) Date of final compliance, in no case later than December 31, 1987.

Gnce the commissioner has approved a source's compliance plan, it shall be incorporated into the facilities'

permit and the plan .sl1all be submitted to tl1e U.s. EPA as a SIP revision. Failure to operate ",'ithin these

oonditions shall be considered a violation of this rule.

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

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

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

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

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

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

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

listed in subsection (c).

tR1 (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and St. Joseph counties

wfli.eI:t that were in operation prior to January 1, 1980, and have a monthly throughput between ten thousand

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

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

indicated in the follOWing compliance schedufe:

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

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

August 31,1986.

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

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

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

t+1 (9) All sources subject to the requirements of 326 lAC 8-4 located in Boone, Dearborn, Hamilton, Hancock,

Harrison, Johnson, Morgan, and Shelby counties wRieI1 that were in existence prior to July 1, 1989, shall achieve

compliance not later than July 1, 1990.

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

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

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

(Air Pollution Control Board; 326 lAC 8-1-3: filed Mar 10, 1988, 1:20 p.m.: 111R 2528; errata, 111R 2632; filed

Aug 11, 1989, 1:40 p.m.: 131R 6)

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

326 lAC 8-4-1 Applicability

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

Affected: IC 13-15; IC 13-17

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

counties:

(1) Clark.

(2) Elkhart.

(3) Floyd.

(4) Hendricks.

(5) Lake.

(6) Marion.

(7) Porter. aREJ

(8) St. Joseph. Counties.

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

following counties:

(1) Boone.

(2) Dearborn.

(3) Hamilton.

(4) Hancock.

(5) Harrison.

(6) Johnson.

(7) Morgan. aREJ

(8) Shelby. Counties.

(e) On and after May 1, 1999, seetion 6(a) through 6(e) and 6(h) of this rule applies to sourees of the type

deseribed in seotion 6 of this rule, loeated in Vanderburgh County.

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

rule as of January 1, 1980.

(d) Section 6 6(a) and 6(b) of this rule applies apply to any gasoline storage tank installed after July 1,

4989, at a gasoline dispensing facility unless sueh faeility is Ol<eluded under subseetion (f). with a monthly

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

(f) Seotion 6 of this rule shall not apply to gasoline dispensing faeilities '...,hieh ha'w'e monthly gasoline

throughputs of less than ten thousand (10,000) gallons per month and:

(1) '...,ere in Oldstenee prior to July 1, 1989; or

(2) are loeated at farms or private residenees.

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

this rule and located in:

(1) Clark;

(2) Floyd;

(3) Lake; or

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(4) Porter;

county.

(Air Pollution Control Board; 3261AC 8-4-1; filed Mar 10, 1988, 1;20 p.m.: 111R 2538; filed Aug 11, 1989, 1:40

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

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

326 lAC 8-4-6 Gasoline dispensing facilities

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

Affected: IC 13-12-3-1

Sec. 6. (a) 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 avail~ble, 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

CARB 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 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" 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 two thousand one hundred seventy six (2,176)

nine hundred forty-six (946) liters (five hundred seventy five (575) (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" Vapor Recovery Systems for Control of Vehicle Refueling Emissions at

Gasoline Dispensing Facilities"*.

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

component contained within the vapor collection system and control system.

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

but not limited to, the following:

(A) Automobiles.

(B) Trucks.

(C) Motorcycles.

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

pounds per square inch and wAteR 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;

(8) leases;

(C) operates;

(0) manages;

(E) supervises; or

(F) controls;

directly or indirectly, a gasoline dispensing facility.

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

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

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

Emissions at Gasoline Dispensing Facilities"*.

(16) "Vapor collection and control systems" means any system certified by CARB wffieI::l 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 wOO the 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 of the storage tank if the fill pipe was installed on or before

November 9, 2006; or

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

2006.

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

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

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

manufacturer's specifications.

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

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

system is:

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

(8) operating according to manufacturer's specifications.

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

feI1 (1) The provisions of subsection (e) subdivision (2) shall apply to any gasoline dispensing facility located

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

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

month; or

(8) 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.

{at (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 wffieI::l 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 (1<)(6). subdivision (7)(F).

(8) 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;

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(iii) replaced; or

(iv) otherwise rendered inoperative;

in a manner wffieA that prevents the system from performing in accordance with its certification and design

specifications.

(4) (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:

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

the facility for the following malfunctions:

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

W(BB) A vapor hose wffi€Rthat is crimped or flattened such that the vapor passage is blocked or

severely restricted.

fiH1 (CC) A nozzle boot wffi€Rthat is torn in either of the following manners:

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

inch or more in diameter or length.

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

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

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

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

circumference of the faceplate (accumulated).

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

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

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

(vt1 (FF) A vacuum producing device wffieA that is inoperative.

fB1 (ii) Any defect in the system wffieA that is discovered in clause (A) item (i) will require the immediate

shutdown of the affected pumps until proper repairs are made.

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

(9t (iv) One (1) operator or employee of the gasoline dispensing facility shall be trained and instructed

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

fE1 (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; The instructions shall

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

The instructions shall also 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.

(.ft (3) Facilities subject to the requirements of subsection (e) subdivision (2) shall demonstrate compliance

according to the following schedule:

f47 (A) Six (6) months after promulgation in the case of gasoline dispensing facilities for which construction

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

f21 (B) One (1) year after promulgation in the case of gasoline dispensing facilities wffieA that dispense at

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

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

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

(4) (D) Any gasoline dispensing facility described in both subdivisions (1) and (2) clauses (A) and (B) shall

meet the requirements of subdivision (1 ). clause (A).

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

subsection (e) subdivision (2) upon startup of the facility.

f61 (F) Existing facilities previously exempted from, but wffi€Rthat become subject to, the requirements of

subsection (e) subdivision (2) shall comply with the requirements of subsection (e) subdivision (2) within

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

tiH (4) Any gasoline dispensing facility that becomes subject to the provisions of subsection (e) subdivision

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

(h) Upon request by the agency, the ovmer or operator of a gasoline dispensing faoility '....hioh claiFfls to be

o)(oFflpt frOFfl tho requireFflonts of this seotion shall subFflit records to the agency within thirty (30) calendar days

frOFfl the date of the request which deFflonstrates that the gasoline dispensing facility is in fact oxeFflpt.

{ij (5) Any gasoline dispensing facility subject to subsection (e) subdivision (2) shall retain copies of all

records and reports adequate to clearly demonstrate the following:

f47 (A) That a certified vapor collection and control system has been installed and tested to verify its

performance according to its specifications.

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

and requirements.

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

t41 (0) The motor vehicle fuel throughput of the facility for each calendar month of the previous year.

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

the vapor collection and control system.

tH (6) All records and reports required in subseetion (i) subdivision (5) shall be made available to the ageney

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

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

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

shall be provided by the department of environmental management, office of air management, 'Nhieh quality,

that provides, at a minimum, the following:

f17 (A) The name, address, and telephone number of the facility.

(8) The signature of the owner or operator.

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

t41 (0) The number of nozzles, excluding diesel and kerosene, used for motor vehicle refueling.

f§j (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:

W (i) A pressure decay or leak test.

fBt (ii) A dynamic pressure drop test.

(iii) A liquid blockage test.

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

subdivision.

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

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

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

exempt.

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

Department of Environmental Management, Office of Air Quality, Legal Counsel, Indiana Government Center

North, +effiR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 lAC 8-4-6; filed Mar 10, 1988, 1:20 p.m.: 111R 2540; filed Aug 11, 1989, 1:40

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

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

3349; errata filed Feb 18, 1997,4:00 p.m.: 20/R 1738; readopted filed Jan 10, 2001, 3:20 p.m.: 24/R 1477; filed

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

Notice of Public Hearing

Posted: 0912312009 by Legis/ative Services Agency

An html version of this document.

Date: Apr 30,2010 2: 18:41PM EDT DIN: 20090923-IR-326070353PRA Page 8
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V)

1. The submittal is accompanied by a fonnalletter ofsubmittal Enclosed

from the governor or his designee.

2. Evidence that the State has adopted the plan in the State code Signature Page

or body ofregulations; or issued the pennit, order, consent

agreement ("document"); in final fonn.

a. Date of adoption or final issuance: November 4, 2009

b. The effective date ofthe plan, ifdifferent May 15, 201 0

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 Final rule as printed in IR

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.

Signature Page

6. Evidence that public notice was given, including date of

proof ofpublication.

_X_ Notice ofFirst Public Hearing and Publishers' Affidavits

_X_Notice of Second Public Hearing and Publishers' Affidavits

7. Certification that public hearings were held in accordance

with infonnation provided in public hearing notice.

_X_ Transcript from First Public Hearing

_X_ Transcript from Second Public Hearing

8. Compilation ofpublic comments and State's response.
--

X Second Notice

_X_ Proposed Rule

9. Technical Support Document (ifsource specific change). N/A