1 2 3 4 5 6 7 8 9 

### 10 1

BEFORE THE STATE OF**INDI~~~:,r~\ff~** 

### __

# -J AIR POLLUTION CONTROL BOfA.RD

## ~ECEI\lFD**,~;** TiY, n. I-.!:,."

..**,,;;;~:'t**



### PUBLIC MEETING OF SEPTEMBER 2, 2009 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control Board, 11 Dr. James Miner, Chairman, taken before me, 12 Lindy L. Meyer, Jr., a Notary Public in and for 13 the State of Indiana, County of Shelby, at the 14 Indiana Government Center South, Conference 15 Center, Room A, 402 West Washington Street, 16 Indianapolis, Indiana, on Wednesday, September 2, 17 2009 at 1:02 o'clock p.m. 18 

### 19 20 21 22 

### 23 William F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel, Indiana 46032 (317) 848-0088

### 1 APPEARANCES: 2 BOARD MEMBERS: 3 Dr. James Miner, M.D., Chairman Randy Staley 4 Dr. phil Stevens David Benshoof 5 Greg Kissel Jeffery L. Quyle 6 Howard W. Cundiff, Proxy, State Board of Health 7 John .Bacone, Proxy, Department of Natural Resources 8 Pamela Fisher, Proxy, Indiana Economic Development Corporation 9 

### 10 IDEM STAFF MEMBERS: 11 Daniel Murray, Asst. Commissioner Susan Bern 12 Manda Clevenger Ann Long 13 Janet pittman Betsy Rouse 14 

### 15 PUBLIC SPEAKERS: 16 Janet McCabe 17 

### 18 19 

### 20 

### 21 22 23 2 

# (1 2 3 

### CHAIRMAN MINER: 3



### 1:02 o'clock p.m. September 2, 2009
The September 2nd, 4 2009 meeting of the Air Pollution Control Board 5 

### will come to order. A quorum of the Board is 6 present. 7 I will introduce the members and their 8 

### representation: Mr. David Benshoof, representing 9 small business; Mr. Howard Cundiff, representing 10 the Department of Health; Mr. John Bacone, 11 representing the proxy for the Department of 12 Natural Resources; Mr. Greg Kissel, representing 13 manufacturing; Mr. Jeff Quyle, representing local 14 government; Mr. Randy Staley, representing 15 agriculture; Dr. Phil Stevens, representing the 16 general public; Ms. Pam Fisher, representing the 17 proxy for the Lieutenant Governor

-- or the 18 

### Indiana Economic Development Corporation. Two 19 members

-- three members of our Board are not 20 present today. I am Jim Miner, representing 21 medical. 22 We will now have the Assistant 23 Commissioner's Report.

.1 2 3 

### 4 yes. 5 6 7 

### Dr. Stevens? DR. STEVENS: Yes. CHAIRMAN MINER: Dr. Stevens votes

Mr. Bacone? MR. BACONE: Aye. CHAIRMAN MINER: Mr. Bacone votes 58 

## ( )



### 8 yes, and I vote yes as well. Again, unanimous 9 approval of final adoption. 10 The next item our on agenda is a public 11 hearing before the Air Pollution Control Board of 12 the State of Indiana regarding preliminary 

# (
13

. adoption of amendments 326 lAC 8-1-3 and 8-4, 14 Stage I Vapor Recovery. 15 I will now introduce Exhibit No.4, the 16 draft rule, into the record of the hearing. 17 Is there someone from the Department who 18 wishes to speak to this rule? 19 (Discussion off the r.ecord.) 20 MS. LONG: Lindy, the reason I'm 21 standing here is that you're feeling like there 22 wasn't a second recorded on the motion to final 23 adopt the second VOC RACT Rule, which was -- I 

## ( i \59



### adoption there was a roll-call vote, but there

was not a motion or second made. MS. LONG: Okay. It's not shown on the record, so -- MR. STALEY: Yeah, we did do the preliminary amendments, but we didn't do the final. MS. LONG: Well, there's a lot of rules we're looking at, so perhaps we need to CHAIRMAN MINER: We can go back to that just briefly. MS. LONG: Yeah. CHAIRMAN MINER: I know we did pass the amendments to the rule. Everybody had voted yes. I would certainly entertain a motion then for final approval of

-- this is VOC RACT Rules 326 IAC 8-16, 8-17, 8-21 for Offset Lithographic Printing and Letterpress Printing and Industrial Solvent Cleaning Operations and Miscellaneous Industrial Adhesives. I move for final For the final

MR. STALEY: think it was 08

-- or 09-221. THE REPORTER: Right. 1 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 

### 16 17 18 19 20 21 22 

### 23

### 1 adoption. 2 60



### CHAIRMAN MINER: We have a motion for 

## (

3 final adoption.

Mr. Staley. MR. STALEY: Second. CHAIRMAN MINER: And a second from

MR. MURRAY: Chairman Miner? CHAIRMAN MINER: Yes. MR. MURRAY: A quick clarification is the third one is 8-22, I believe

. CHAIRMAN MINER: Oh, I'm sorry; 8-22, 4 5 6 7 8 9 10 11 

### 12 13 14 

### yeah

-- MR. MURRAY: CHAIRMAN MINER: instead of 21.

-- because 8-21 is 

# (

15 in the next item. 16 MR. MURRAY: Okay. 17 CHAIRMAN MINER: I'll do a roll-call 18 vote once again. 19 Mr. Benshoof? 20 

### 21 22 23 

### yes. MR. BENSHOOF: Yes. CHAIRMAN MINER: Mr. Benshoof votes

Mr. Cundiff?

.1 

### MR. CUNDIFF: Aye. 2 

### CHAIRMAN MINER: Mr. cundiff votes
3 

### yes. 4 

### Ms. Fisher? 5 

### MS. FISHER: Aye.
6 

### CHAIRMAN MINER: Ms. Fisher votes

7 

### yes. 8 

### Mr. Kissel? 9 

### MR. KISSEL: Aye. 10 

### CHAIRMAN MINER: Mr. Quyle?
11 

### MR. QUYLE: Aye. 12 

### CHAIRMAN MINER: Mr. Staley?
13 

### MR. STALEY: Aye.
14 

### CHAIRMAN MINER: Mr. Staley votes
15 

### yes. 16 

### Dr. Stevens? 17 

### DR. STEVENS: Aye.
18 

### CHAIRMAN MINER: Dr. Stevens votes
19 

### yes. 20 

### Mr. Bacone? 21 

### MR. BACONE: Aye.
22 

### CHAIRMAN MINER: Mr. Bacone votes
23 

### yes, and I vote yes as well. Once again, now 61

### 62 

## (



# ( officially, unanimous approval of VOC RACT Rules 326 lAC 8-16, 17 and 22. We were at the point where you were going to speak. Thank you. MS. CLEVENGER, Yes. My name is Manda Clevenger, and I'm a rulewriter with the Office of Legal Counsel, Rules Development Branch. Stage I Vapor Recovery refers to the collection of gasoline vapors displaced from underground storage tanks when filled by delivery trucks. Volatile organic compound emissions are released into the atmosphere when the gasoline vapors in the underground storage tank are displaced by gasoline being loaded into the tank. In the absence of systems designed to recapture the gasoline vapors otherwise lost into the atmosphere, about 7.6 pounds of VOC's are released into the air for every 1,000 gallons of gasoline that is dispensed. Nearly all gasoline dispensing facilities in Indiana with monthly gasoline throughputs of 10,000 gallons per month or greater alrei3.dy meet 1 

### 2 3 I 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 

### 16 17 18 19 20 

### 21 22 

### 23

### 63

1 the current Stage I vapor recovery requirements. 2 In this rulemaking, IDEM is proposing to update 3 the Stage I Vapor Recovery Rule to reflect the 4 actuality that Stage I vapor systems are already 5 currently in extensive use at gasoline dispensing 6 facilities throughout the state. 7 First of all, the applicability date of 8 July 1st, 1989 was removed from 326 lAC 8-4-1 to 9 require Stage I vapor recovery controls at all 10 gasoline dispensing facilities statewide. 11 Second, the definition of a "gasoline 12 dispensing facility" in 326 lAC 8-4-6 (a) (8) was 13 amended to decrease the minimum capacity of a 14 storage tank to 250 gallons from the current 15 minimum capacity of 575 gallons to provide 16 consistency with the January lOth, 2008 area 17 source NESHAP for source categories, found at 18 73 Federal Register 1916, to which these sources 19 are subject. 20 Third, 326 lAC 8-4-6 (b) (1) was amended to 21 include specific standards for the installation 22 of a submerged fill pipe (12 inches from the 23 bottom of the gasoline storage tank if the fill

### 1 pipe was installed on or before November 9th, 2 2006, or six inches from the bottom of the 3 gasoline storage tank if the fill type was 4 installed after November 9th, 2006) to comply 5 with the same JanUary 10th, 2008 area source 6 NESHAP. 7 Requiring Stage I vapor recovery at any 8 gasoline storage tank at a gaso!ine dispensing 9 facility within Indiana will contribute to 10 regional control of VOC that will assist those 11 counties that currently do not meet the. 12 eight-hour ozone standard to reach the standard, 13 and for those counties currently meeting the 14 standard, the ability to maintain attainment 15 while.balancing regulatory requirements across 16 the state. 17 The Department requests that the Board 18 preliminarily adopt the amendments to 19 326 lAC 8-1-3 and 326 lAC 8-4 concerning the 20 Stage I vapor recovery measures for gasoline 21 dispensing facilities in Indiana. 22 Thank you. 64 

## (

23 CHAIRMAN MINER: Thank you, Manda.

### 1 2 3 4 

### time? Is there any questions for Manda at this

(No response.) CHAIRMAN MINER: Seeing none, once 65



### 5 again, I have no appearance cards. Is there 6 someone from the audience who wishes to make a 7 statement at this time? 8 (No response.) 9 CHAIRMAN MINER: Seeing none, this 10 hearing is now concluded. The Board will now 11 take action on preliminary adoption of amendments 12 to 326 lAC 8-1-3 and 8-4, Stage I Vapor Recovery. 13 Any questions from the Board to the staff? 14 (No response.) 15 

### CHAIRMAN MINER: I will now entertain 16 a motion for adoption of amendments to the 17 preliminarily rule, or draft rule. 18 MR. QUYLE: SO moved. 19 CHAIRMAN MINER: I have a motion from 20 Mr. Quyle. 21 MR. CUNDIFF: S'econd. 22 CHAIRMAN MINER: A second from 23 Mr. Cundiff. All those in favor, signify by

### 66

1 saying aye. 

## (

2 3 4 5 6 7 8 9 10 

### 11 12 MR. KISSEL: Aye. MR. BACONE: Aye. MR. QUYLE: Aye. MR. BENSHOOF: Aye. MS. FISHER: Aye. MR. CUNDIFF: Aye. DR. STEVENS: Aye. MR. STALEY: Aye. CHAIRMAN MINER: Aye. Opposed? (No response.) 13 CHAIRMAN MINER: It is

-- the 14 amendments have been passed for preliminary 15 adoption of the preliminary rule. 16 The next item on our agenda is a public 17 hearing before the Air pollution Control Board of 18 the State of Indiana regarding adoption of 19 amendments to 326 lAC 1-2-48, the Definition of 20 "Nonphotochemically Reactive Hydrocarbon" or 21 "Negligibly Photochemically Reactive Compounds. " 22 I will .now introduce Exhibit No.5, the 23 proposed rule, into the record of this hearing. 

# ( (1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 96

CERTIFICATE I, Lindy L. Meyer, Jr., the undersigned Court Reporter and Notary Public residing in the City of Shelbyville, Shelby County, Indiana, do hereby certify that the foregoing is a true and correct transcript of the proceedings taken by me
on Wednesday, September 2, 2009 in this matter and transcribed by me.

# .9/~~ Lindy L. Meyer, Jr., Notary Public in and for the State of Indiana.

15 My Commission expires October 27, 2016. 16 17 18 

### 19 20 21 22 23

# EXHIBIT 4

Drm #07-353 Stage I Vapor Recovery September 2, 2009 

### TITLE 326 AIRPOLLUTION CONTROL BOARD DRAFT RULE LSA Document#07-353 DIGEST Amends 326 lAC 8-1-3 and 326 lAC 8-4 concerning stage I vapor recovery measures for gasoline dispensing facilities in Indiana. Effective 30 days after filing with the Publisher. HISTORY FirstNotice ofComment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR326070353FNA). Continuation ofFirstNotice ofComment Period: September 10, 2008, Indiana Register (DIN: 2008091O-IR-326070353FCA), SecondNotice ofComment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353SNA). Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA). Date ofFirst Hearing: September2,2009. 326 lAC 8-1-3 326 lAC 8-4-1 326 lAC 8-4-6 DRAFT RULE SECTION 1. 

### 326 lAC 8-1-3 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-1-3 Compliance schedules Authority: IC 13-14-8; IC 13-17-3 Affected: Ie 13-15; IC 13-17 Sec. 3. (a) All sources located in Clark, Floyd, Lake, Marion, and Porter counties wlrich 

### that were in operation prior to December 28, 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 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 rooftanks), 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 (asphaltpaving) shall achieve compliance as expeditiously as practicable, but not later than indicated in the following compliance schedule: IDrm#07-353 Stage I Vapor Recovery September 2, 2009 (1) Submittal ofplans and specifications to the board by December 31, 1980. (2) Contracts for emission control systems orprocess 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 wlrich that were in operation priorto November 1, 1980, and not meeting the requirements of326 lAC 8-2- 9 (miscellaneous metal coating), 3261AC 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 ofplans and specifications to the board by June 30, 1981. (2) Contracts for emission control system orprocess modification awarded orpurchase orders issued by August 31, 1981. (3) Initiation ofon-site construction or installations by October 31, 1981. (4) Completion ofon-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 wlrich that eitherwere in operation prior to December 28, 1979, and are notmeeting the requirements of326 lAC 8-2-2 through 326 lAC 8-2-8 (surface coating ofautos, 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 rooftauks), 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 (asphaltpaving) or were in operation priorto November 1, 1980, and are not meeting the requirements of326 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: (I) Submittal ofplans and specifications to the board by June 30, 1985. (2) Contracts for emission control systems orprocess modification awarded orpurchase· orders issued by August 31,1985. (3) Initiation ofon-site construction or installation by October 31, 1985. (4) Completion ofon-site construction or installation bySeptember 30, 1986. (5) Demonstration offinal compliance by December 31, 1986.

2Dnn#07·353 Stage IVapor Recovery September 2, 2009 {d] fn

# = wI= an existing facility demonstrates that eompliancc :is not possible bythe intCiim dates specified 

### in subsection (at, an extension may 

### be granted bythe commissioner. '!'he facility shaH snbmit a 

### tetterof:intentwIrieh shows compliance with this mIe as expeditiously as possible, but 

### in no event

### tater than December 3t; t9£2-; and shaH inc1ttde a sclredttle ofdates for the folio wing. 

## ffl Snbmittal ofplam: 

### {Z7 Start constrnction, 

## ffl Completion ofconstruction. (41 Aehiedng compliance. 

## ffl Submit perf'omranee results. 

# enee the boardlras approv cd a SOllICe'S compliance plan; the plan shaH

### be incorporatedinto the facilities' pennitandthe plan slrall

### be submitted to the tf;S-; 

### EP1l: as a SIP revision. Failnre to operate withiu these conditions slrall

### be considered a violationofthisrule:- 

## te7 fn

# = wI= an existing facility demonstrates thatthe emission limitation specified 

### in this m1e:isnotattaiJrable considering ecollOmic and teclmologieal feasibility, and no offSet:is available to satisfy 3Z6fA6 V4; the sourcc may petition the

### board to receive an extension beyond the dates specified 

### in subsections

## ta7 t1uougll

## ter.'fhe petition slrallinclnde the folio wing. 

## fflDates ofeqnipment modification 

### pIam: {Z7 Dates ofequipment installation audfor constrnctiOll. 

## ffl**Y~arly** emission limitations demonstrating reasorrable furtller progress. (41 Bate offinat compliance, 

### in no ease

### taterthan December 3t; 

### 1:9&7-: 

# enee the cOlUmissioner 

### Iras appro,ed a source's compliance plan; it slrall

### be ineorporatedintothe facilities' pennitandthe plan slrall 

### be submitted to the tf;S-; 

### EP1l: as a SIP revision. Failnre to operate withiu these conditions slrall 

### be considercd a oiolation ofthis rule:- 

## ffl (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Portercounties with a monthly throughput oftwenty thousand (20,000) gallons per month or greater and not meeting the requirements of326 IAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practical, but notlater than in the compliance schedule listing in subsection (a) for those sources in operation prior to January 1, 1980. (g] (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 later than in the compliance schedule listed in subsection (c). 

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

### 3Drm#07-353 Stage I Vapor Recovery September 2, 2009 notmeeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not later than indicated in the following compliance schedule: (1) Submittal ofplans and specifications to the board by June 30, 1986. (2) Contracts for emission control system orprocess modification awarded orpurchase orders issued by August 31, 1986. (3) Initiation ofon-site construction or installation by October 31, 1986. (4) Completion ofon-site construction or installation by September 30, 1987. (5) Demonstration offinal compliance by December 31, 1987. 

## ffl(g) All sources subjectto the requirements of326 lAC 8-4 located in Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties which that were in existence priorto July 1, 1989, shall achieve compliance not later than July 1, 1990. (h) All sources statewide with a monthly gasoline throughput often thousand (10,000) gallons per month or greater thathave not met the compliance schedules in subsection (d), (e), (t), or (g) shall comply with 326 lAC 8-4-6 not later than January 10, 2011. (AirPollution ControlBoard; 326JAC 8-1-3;filedMar 10,1988, 1,'20p.m.: 11 JR 2528; errata, 11 JR 2632;filedAug 11, 1989, 1:40p.m.: 13 JR 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 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. and (8) St. Joseph. COtllltieS. (b) Sections 4 through 7 and 9 ofthis rule apply to sources ofthe types described in this role located in the following counties: (1) Boone. (2) Dearborn. 4 

## (



## (

, \Dnn#07-353 Stage I Vapor Recovery September 2, 2009 (3) Hamilton. (4) Hancock. (5) Harrison. (6) Johnson. (7) Morgan. and (8) Shelby. Cotlnties. (e]

# en and after May

### t; t999; seetion 6(aJ through 6(e] and

## 6th7 of this

### rote applies to SOlaees ofthe type deseribed in section 6 ofthis rtrle; located in Vanderbmgh Cotlnt,. 

## td7 (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. (e] (d) Section 6 6(a) and 6(b) ofthis rule applies apply to any gasoline storage tank installed afterfuIy 

### t; t9S9; at a gasoline dispensing facility ttnIess stteh facility 

### :is excluded under stlbsection 

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

## tf7 Seetion6 ofthis

### rote shaH notapplyto gasoline dispensing facilities wl:rich have monthly gasoline throtlghputs ofiess than tert thousand (10,000) gallons permonth 

## ffl were in existenee priorto fuIy

### t; t9S9; or (Z) are located atfarms orpri,ate residences. (e) Section 6(c) ofthis rule applies to gasoline dispensing facilities as described in section 6(c)(I) ofthis rule and located in: (1) Clark; (2) Floyd; (3) Lake; or (4) Porter; county. 

### (AirPollution ControlBoard; 326

### lAC8-4-1;jiledMar 10,1988, 1:20p.m.: 11 

### IR 2538;jiledAug 11, 1989, 

### 1:40p.m.: 13 

### IR 7;jiledApr23,1999,2:12p.m.: 22lR 2855; readoptedjiledJan 10, 2001, 3:20p.m.: 24lR 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 throughoutthis section: (1) "Average monthly volume" means the amount ofmotor fuel dispensed per month 5Dnn #07-353 Stage I Vapor Recovery September 2, 2009 from a gasoline dispensing facility based upon a monthly average for a two (2) year period from November 1990 through October 1992, or, ifnot 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) "CARE" means the California Air Resources Board. (3) "Certified" means any vapor collection and control systemwlrieh thathas been tested and approved by CARE as having a vaporrecovery and removal efficiency ofat least ninety-five percent (95%) by weight. (4) "Constructed" means fabricated, erected, or installed andrefers to any facility, emission source, or airpollution control equipment. (5) "Dynamic backpressure test" means a testprocedure used to determine the pressure drop (flow resistance) through vapor collection and control systems, including: (A) nozzles; (B) vapor hoses; (C) swivels; (D) disp.enserpiping; and (E) underground piping; atprescribed flow rates. Testprocedures for this test canbe 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 ofmotor vehicle fuel. (8) "Gasoline dispensing facility" means any facility where gasoline is dispenseq into motor vehicle fuel tanks orportable containers from a storage tankwith a capacity oftwo thousand one Imndred se,enty-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 ofgasoline" 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 ofa supply contract or 6 

# (

(Dnn#07-353 Stage I Vapor Recovery September 2, 2009

an agreement or contractto use a trademark, trade name, service mark, orother 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 testprocedure used to detect low points in any vapor collection and control systemwhere 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"*. (II) "Modification" means any change, removal, oraddition, other than a certified replacement ofany component containedwithin the vapor collection system and control system. (12) "Motor vehicle" means any self-propelled vehicle poweredby 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 vaporpressure of more than four (4) pounds per square inch and which that is used to powermotor vehicles. Diesel fuel and kerosene are not consideredto be motor vehicle fuels. (14) "Owneror 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. (IS) "Pressure decay or leak test" means a test procedure used to quantify the vapor tightness ofa 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 which that limits the discharge to the atmosphere ofmotor vehicle fuel vapor displaced during the dispensing ofmotor vehicle fuel into motor vehicle fuel tanks. (b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows: 

## tb7 (1) No owner or operator ofa gasoline dispensing facility shall allow the transferof gasoline between any transport and any storage tank unless such the tank is equipped with the following: 7Dnn#07-353 Stage IVapor Recovery September 2, 2009 

## ffl (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 tankifthe fill pipe was installed afterNovember 9, 2006. 

### f.?;7 (B) Either a pressure reliefvalve set to release at 1m not less than seven-tenths (0.7) pounds per square inch or an orifice offive-tenths (0.5) inch in diameter. ffl (C) A vapor balance system connected between the tank and the transport operating according to manufacturer's specifications. (c1 (2) Ifthe owner or employees ofthe ownerofa gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe owner or the operatorofthe transportto make certain the vaporbalance system is: (A) connected between the transport and the storage tank; and is (B) operating according to manufacturer's specifications. 

## (

(c) Stage 

### II vapor recovery system requirements at gasoline dispensing facilities are as follows: (d1 (1) The provisions ofsubsection (c1 subdivision (2) shall apply to any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except ifthe gasoline ( dispensing facility: 

## ffl (A) dispenses an average monthly volume ofless than ten thousand (10,000) gallons ofgasoline permonth; or 

### f.?;7 (B) is an independent small business marketer ofgasoline who dispenses an average monthly volume ofless than fifty thousand (50,000) gallons ofgasoline permonth. (c1 (2) No owner or operator ofa gasoline dispensing facility shall cause or allow the dispensing ofmotor vehicle fuel at any time unless all motorvehicle fuel dispensing operations are equipped with and utili2e a certified vaporcollection and control system wlrich that is properly installed and operated as follows: 

## ffl (A) No vaporcollection and control system shall be installed, used, or maintainedunless the system: (i) has been certified by CARB; and (ii) meets the testing requirements specified in subsection subdivision (7)(F). 

### f.?;7 (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

.. ffl'(C) No elements or components ofa vapor collection and control system shall be: (i) modified; (ii) removed; 

### 8 

# (

( 

### \.Drm#07·353 Stage I Vapor Recovery September 2, 2009 (iii) replaced; or (Iv) otherwise rendered inoperative; in a manner wIrich that prevents the system from performing in accordance with its certification and design specifications. 

## t47 (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing, ornoncertified components. The following requirements apply to a vapor collection and control system: 

## W (I) All parts ofthe system wIrich that can be visually inspected must be checked daily by the operator ofthe facility for the following malfunctions: (i7 (AA) Absence or disconnection ofany component required to be used to certifY the system. (it) (BB) A vaporhose wIrich that is crimped or flattened such that the vaporpassage is blocked or severely restricted. 

## 6ii7 (eq A nozzle boot wIrich that is torn in eitherofthe following manners: (aa) A triangular shaped or similar tear one-half(1I2) inch ormore to a side or a hole one-half(112) inch ormore in diameteror length. 

### $B1 (bb) Slit one (I) inch or more in length. (DD) A faceplate or flexible cone wIrich 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 (114) ofthe circumference ofthe faceplate (accumulated). 

### $B1 (bb) For nozzles for vacuum assist type systems that use a flexible cone, having more than one-fourth (114) of the flexible cone missing. 

## M (EE) A nozzle shutoffmechanism wIrich that malfunctions in any manner. 

## tvi7 (FF) A vacumn producing device wIrich that is inoperative. (BJ (ii) Any defect in the system wIrich that is discovered in clause

## W item (i) will require the immediate shutdown ofthe affected pumps until properrepairs are made. 

### (€1(iii) A signed daily log ofthe daily inspection in clause

## W item (i) shall be maintained at the facility. (B7 (Iv)One (I) operator or employee ofthe gasoline dispensing facility shall be trained and instructed annually in the proper operation and maintenance ofa vapor collection and control system. 9Dnn#07-353 Stage I Vapor Recovery September 2, 2009 

## tE1 (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; 'Fhe instIuctions shaH (BB) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at that station; 'Fhe insllUctions shaH afro and (CC) include a warning that repeated attempts to continue dispensing motor vehicle fuel afterthe system has indicated that the vehicle fuel tank is full may result in a spillage offuel. 

## ffl (3) Facilities subject to the requirements ofsubscction

## fe1 subdivision (2) shall demonstrate compliance according to the following schedule: 

## tt7 (A) Six (6) months afterpromulgation in the case ofgasoline dispensing facilities for which construction commenced afterthe date ofenactment ofthe Clean AirActAmendments of 1990 (November 15, 1990). 

## fZ7 (B) One (1) year after promulgation in the case ofgasoline dispensing facilities which that dispense at least one hundred thousand (100,000) gallons of gasoline permonth, based on average monthly sales for the two (2) yearperiod priorto November 15, 1992. 

## ffl (C) Two (2) years afterpromulgation in the case ofall other gasoline dispensing facilities. (41 (D) Any gasoline dispensing facility described in both subdilisions

## tt7 and

## fZ7 clauses (A) and (B) shall meet the requirements ofsubdivision 

### (1t- clause (A). 

## f57 (E) New facilities constructed afterthe promulgation ofthis rule shall comply with the requirements ofsubscction

## fe1 subdivision (2) upon startup ofthe facility. (61 (F) Existing facilities previously exempted from, butwhich that become subject to, the requirements ofsubscction

## fe1 subdivision (2) shall comply with the requirements ofsubscction

## fe1 subdivision (2) within one (1) year from the date the facility became subject. 

## W (4) Any gasoline dispensing facility that becomes subject to the provisions of subscction

## te7 subdivision (2) at any time shall remain subject to the provisions of subscction

## te7 subdivision (2) at all times. 

## W Bpon rcqucst by 

### the agcncy, 

### the owneror opcrator ofa gasolinc dispcnsing facility 

### whieh claims to be cxcmptfrom 

### the rcquircmcnts of

### this section shaH submilrccOlds to 

### the agcncy within thirty

### f.l97 calendar days from 

### the date of

### the rcqucstwhich dcmonstrates 

### that the gasolinc dispcnsing facility 

### is in 

### £ret cxcmpt. 

## ffl (5) Any gasoline dispensing facility subject to subsection

## fe1 subdivision (2) shall retain copies ofall records and reports adequate to clearly demonstrate the following: 

## tt7 (A) That a certified vapor collection and control system has been installed and 10 

## (



# (Drm #07-353 Stage I Vapor Recovery September 2, 2009 

### tested to verify its perfonnance according to its specifications. 

## t21 (B) 

### Thatpropermaintenance has been conducted in accordance with the manufacturer's specifications and requirements. 

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

## f41 (D) 

### The motor vehicle fuel throughput ofthe facility for each calendar month ofthe previous year. 

## f51 (E) 

### That operators and employees are trained and instructed in the proper operation and maintenance ofthe vaporcollection and control system. 

## 67 (6) 

### All records and reports required in subsection

## ffl subdivision (5) shall be made available to the agene, department upon request. All records shall be retained for a period oftWo (2) years. 

## tk1 (7) Within forty-five (45) days after the installation ofa vapor collection and control system, the owner or operator ofthe gasoline dispensing facility shall submitto the agene, department a registration fonn, which shall beprovidedby the department of environmental management, office ofair management, which 

### quality, that provides, at a minimum, the following: 

## ft7 (A) The name, address, and telephone number ofthe facility. 

## t21 (B) 

### The signature ofthe owner or operator. 

## ffl(C) 

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

## f41 (D) 

### The number ofnozzles, excluding diesel and kerosene, used for motor vehicle refueling. 

## f51 (E) The monthly average volume ofmotor vehicle fuel dispensed. 

## t6l (F) 

### The date ofcompletion ofinstallation ofthe vaporcollection and control system. Completion ofinstallation includes the successful passing ofa 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. 

## tB7 (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 subsection. subdivision. 

## tl7 (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 systemreplacement 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 ofa facility. (d) Upon request by the department, the owner or operator ofa gasoline dispensing facility that claims to be exempt from the requirements ofthis section shall submit records 11Dnn#07-353 Stage I Vapor Recovery September 2, 2009 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 ofEnvironmental Management, Office ofAil Quality, Legal Counsel, Indiana Government CenterNorth, TenthThirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

### (AirPollution ControlBoard; 326

### lAC 8-4-6;jiledMar 10, 1988, 1:20p.m..: II IR 2540;jiledAug l1, 1989, 

### 1:40p.m.: 13 

### IR 8;jiledNov 30,1990,4:20p.m.: 14 IR 605;jiled Oct 28, 

### 1993,5:00p.m.: 17IR 332;jiledSep 18,1995, 

### 3:00p.m.: 19lR 203; erratajiledDec ll, 1995, 

### 3:00p.m.: 19lR 674;jiledJuI30, 1996, 

### 2:00p.m.: 19lR 3349; erratajiledFeb 18, 1997, 

### 4:00p.m.: 20IR 1738; 

### readoptedjiledJan 10. 

### 2001, 3:20p.m.: 24IR 1477;jiledAug 26,2004,11:30 a.m.: 28IR 47)

12 

## (



# (

( (1 2 3 4 5 6 7 8 9 

### 10 BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF NOVEMBER 4, 2009 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control Board, 1



### 11 Dr. James Miner, Chairman, taken before me, Lindy 12 L. Meyer, Jr., a 

### Notary Public in, and for the 13 State of Indiana, County 6f 

### Shelby, at the 14 Indiana Government Center South, Conference 15 

### Center, Room A, 

### 402 West W·ashington Street, 16 Indianapolis., Indiana, on Wedn.esd.ay, November 4, 17 2009'at 1:01 o'clock p.m. 1,8 19 20

. 21 22 

### 23 William 

### F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel, Indiana 46032 (317) 848
- 

### 0088

.

## ) 1 

### APPEARANCES: 2 BOARD MEMBERS: 3 

### Dr. James Miner, M. D., Chairman Jeffery L. Quyle 4 

### Randy Staley Greg Kissel 5 

### David Benshoof Dr. E'hil Stevens 6 

### Chris**Hor~** 

### Howar' 

## W. Cundiff, Proxy, State-Board o£ 7 

### Eealth Brad Moore, Proxy, Indiana Economic 8 

### rlevelof/ll'l,ent Corporation Eric Burch, Proxy, Lieutenant 9 

### GOvernor 10 

### IDEM STltPF MEMBERS: 11 

### ThOInas W. 

### Easterly, IDEM Com.missioner 12 

### Oaniel Murray, Assistant Co.tnmissioner Scott Deloney 13 

### Christine Pedersen Manda Clevenger 14 

### Nancy King Iaetsy Rouse 15 

### Catherine Mitchell 16 

### PUBLIC SPEAKERS: 17 

### None 18 19 20 21 22 23 2

### 1 2 3 

### CHAIRMAN MINER: 1:01 o'clock p.m. November 4, 2009
Good afternoon, 3

4 

### everyone. This is the Air Pollution Control 5**Boa~d** 

### meeting for November 4th, 2009. We have a 6 

### quorum of the Board present. I will introduce 7 

### the members and their representation. Although 8 he has stepped out, Mr. Howard. Cundiff, proxy for 9 the Department of Health is here with us today; 10 as well as Brad Moore, who is representing Pam 11 Fisher for the Indiana Economic Development 12 Corporation;**M~.** 

### David Benshoof here, 13 representing small business; Mr. Greg Kissel, 14 representing manufacturing and large business; 15 Mr. Jeff Kissel [sicl, representing public 16 government and city government; Randy Staley, 17 representing agriculture; Mr. Chris Horn, 18 representing labor; Dr. Phil Stevens, 19 ·representing the general public; and Mr. Eric 20 Burch, who is the proxy for Brandon Seitz, who is 21 the proxy for the Lieutenant Governor; myself, 22 Jim Miner, representing medical. 2.3 

### The first item on our agenda are the

### 33

1 yes, and I vote yes as well. The decision is 2 positive to the yes. 3 The next item on our agenda is public 4 hearing before the Air Pollution Control Board of 5 the State of Indiana regarding the final adoption 6 of Amendments to 326 lAC 8-4, Stage 1 Vapor 7 Recovery. 8 I will now introduce Exhibit 2-A, the 9 proposed rule

-- thank you, Chris

-- as 10 preliminarily adopted by

-- adopted at this Board 11 meeting and with IDEM's suggested changes 12 incorporated; Exhibit 2-B, the pr,?posed rule as 13 preliminarily adopted, into the record of this 14 hearing. 15 Is there someone from the I)epartment who 16**wi~hes** 

### to speak to this? 17 

### MR. DELONEY: Manda Clevenger from 18 Office of Air Quality. 19 CHAIRMAN MINER: Manda? 20 MS. CLEVENGER: My name is Manda 21 Clevenger and 1'$ a rule writer with the OffiGe 22 of Air Quality. 23 Stage 1 Vapor Recovery refers to the34

-"''1.

....



### There has only been on. minor change to collection of gasoline vapor displaced from

Pollution Control Board.

found on page 12 in the ihcorporation by Due to the recent reorganization of Volatile organic compbund emissions are trucks.**und~rground** 

### storage tanks when filled by delivery

released into the atmosphere when the gasoline

Nearly all gasoline dispensing facilities displaced by gasoline being loaded into the tank. vapors in the underground storage tank are

in Indiana with monthly gasoline throughputs of

the current Stage 1 Vapor Recovery requirements. The draft rule langUage was preliminarily adopted 10,000 gallons per month or greater already meet

at the September 2nd, 2009 meeting of the Air

the rule since p:lt'eliminary adoption, which can be

the rules group**bac~** 

### to the Office of Air reference. 1 2 3 4 5

, 6 j: 

### 7 8 9 10 11 12 13 14 15 16 17 18 19 Quality, the**docum~nt** 

### that is incorporated by 20 reference in this rule is once again available 21 for review in the Office of Air Quality on the 22 

### 10th floor. The**ex~sting** 

### language of the rule 23 that had been stricken**~t** 

### preliminary adoption is

### 35



### 1 now being reinserted. 2 The Department requests that the Board 3 final adopt the amendments to 326 lAC 8-1-3 and 4 326 lAC 8-4 concerning Stage 1 Vapor Recovery 5 measures for gasoline dispensing facilities in 6 Indiana. 7 Any questions? CHAIRMAN MINER: Thanks, Manda. 9 Are there any questions for Manda at this 10 time? 11 (No**iespons~.)** 

### 12 

### 13 you. CHAIRMAN MINER:: Seeing none, thank

14 Is there anyone from the audience who 15- 

### wishes to speak to this rule at this time? 16 (No response.) 17 

### CHAIRMAN MINER: Seeing none, this l8 hearing is now concluded. 19 The Board will take action on final 20 

### adoption of amendments to 326 

### lAC 8-4, Stage 1 .21 Vapor Recovery. Are there any questions from the 22 

### Board at this time reg.arding the new rule? 23 (No response.)36



### CHAIRMAN MINER: Seeing none, I would entertain a motion for adoption of amendments to the preliminarily adopted rule. MR. HORN: So moved. CHAIRMAN MINER: I have a motion from

DR. STEVENS: Second. CHAIRMAN MINER: And a second from Mr. Cundiff. All those in favor of adoption of the amendmen.ts to the preliminarily adopted rule please signify by saying aye. MR. HORN: Aye. MR. STALEY: Aye. MR. KISSEL: Aye. MR. BURCH: Aye. MR. QUYLE: Aye. MR. CUNDIFF: Aye. MR. MOORE: Aye. MR. BENSHOOF: Aye. DR. STEVENS: Aye. CHAIRMAN MINER: Aye. Opposed? 1 2 3 4 .5 65 7 8 9 

### 10 11 12 13 

### 14 15 16 

### 17 

### IB 19 20 21 22 23 

### Mr. Horn. MR. CUNDIFF: Second.

;37



### Mr. Benshoof? adoption of the amended final rule. I will now entertain a motion for (No response.)

I have a motion from CHAIRMAN MINER: The amendments have

MR. BURCH: So moved. CHAIRMAN MINER:

MR. QUYLE: Second. MR. HORN: Second. CHAIRMAN MINER: And a second from I will now roll-call the members.

MR. BENSHOOF: Aye. passed.

Mr. Burch.

Mr. Quyle.

13 1 2 3 4 5 6 

### 7 8 9 I· 10 11

,...::R?"""!:-"'=o. 12**~>** 14

t**'~** ·1

. 

### CHAIRMAN MINER: Mr. Benshoof votes 15 

### yes. 10! 

### Mr. Cundiff?

18 ':. 

### MR. CUNDIFF: Aye. CHAIRMAN MINER: Mr. Cundiff votes**1~** 

### yes. Mr. Moore? 21 

### MR. MOORE: Yes. 22 

### CHAIRMAN MINER: Mr. Moore votes yes. 

### 23 Mr. Horn?38

1 2 3 4 5 6 

### yes. 7 8 9 10 11 12 13 14



### . 15 

# i 16' yes.

1$**1~** 

### MR. HORN: Yes. CHAIRMAN MINER: Mr. Horn votes yes. Mr. Kissel? MR. KISSEL: Yes. CHAIRMAN MINER: Mr. Kissel votes

Mr, Quyle? MR. QUYLE: Yes. CHAIRMAN MINER: Mr. Quyle votes yes. Mr. Burch? MR. BURCH: Yes. CHAIRMAN MINER: Mr. Burch votes yes. Mr. Staley? MR. STALEY: Aye

. CHAIRMAN MINER: Mr. Staley votes

Dr. Stevens? DR. STEVENS: Yes. CHAIRMAN MINER: Dr. Stevens votes 20 

### yes, and I vote yes as well. The motion is 21 adopted unanimously. 22 

### The next item on our agenda is a public 23 

### hearing before·the Air Pollution Control Board of

.1 2 

### CERTIFICATE I, Lindy L. Meyer, Jr., the undersigned 51

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 takeh by me 7 

### on Wednesday, November 4, 

### 2009 in this matter and 8 9 10

_ 11 

### 12 13 

### 14 transcribed by me.

# ~i!~, Ll.ndy L. 

### Meyer, Jr. i 

### Notary Public in and for the State of Indiana.

15 My Commission expires October 27, 2016. 16 17 18 

### 19 

### 20

- 21 22 23

# EXHIBIT2-A

pre #07-353 SmgeIVaporReeovery November 4, 2009 

### Bold, strikeout and single underline = 

### new language at preliminary adoption that is being deleted (the board will not be requested to final adopt this language) Single underline = 

### existing language that had been stricken atpreliminary adoption that is being reinserted [one change since preliminary adoption on page 12] TITLE 326 AIRPOLLUTION CONTROL BOARD PROPOSED RULE AS PRELIMINARILY ADOPTED WITH IDEM'S SUGGESTED CHANGES INCORPORATED 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 afterfiling withthe Publisher. mSTORY

. FirstNotice ofCommentPeriod: June27, 2007, Indiana Register (DIN:20070627-IR326070353FNA). Continuation ofFirstNotice ofCommentPeriod: September 10,2008, Indiana Register**(D~:20080910-IR-326070353FCA).**

< 

### Second Notice ofCommentPeriod: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353SNA). Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA). Date ofFirst Hearing: September2,2009. Proposed Rule: September23, 2009, Indiana Register (DlN: 20090923

...IR326070353PRA). Notice ofSecond Hearing: September 23, 2009, Indiana Register (DIN: 20090923-IR326070353PHA). Date ofSecond Hearing: November4, 2009. 32.6lAC 8-1-3; 326 lAC 8-4-1; 326lAC 8-4-6 SECTION 1. 326 lAC 8-1-3 IS AMENDED TO READ AS FOLLOWS: 326lAC 8-1-3 Compliance schedules Authority: IC 13-14-8; IC 13-17-3 Pagel of 12prc #07-353 Stage I Vapor Recovery November 4, 2009 Affected: IC 13-15; 

### Ie 13-17 Sec. 3. (a) All sources located in Clark, Floyd, Lake, Marion, and Porter counties 

### whieh that were in operation prior to December28, 1979, and not meeting the requirements of326 IAC 8-2-2 through 326 IAC 8-2-8 (surface coating ofautos, cans, coils, paper, metal furniture, large appliances, and magnet wire), 326 IAC 8-2-11 (fabric and vinyl coating), 326 IAC 8-3 (degreasing), 326 IAC 8-4-2 (petroleum refineries), 326 IAC 8-4-3(b) (fixedrooftanks), 326 IAC 8-4-4 (bulk gasoline terminals), 326 lAC 8-4-5 (bulk gasoline plants), 326 IAC 8-4-7 (gasoline transport), and 326 lAC 8-5-2 (asphaltpaving) shall achieve compliance as expeditiously as practicable, butnotlaterthan indiCated in the following compliance schedule: (1) Submittal ofplans and specifications to the board by December 31, 1980. (2) Contracts for emission control systems orprocess modification awarded orpurchase orders issuedbyMarch 31, 1981. (3) Initiation ofon-site construction orinstallations by June 30, 1981. (4) Completion ofon-site construction orinstallations by September 30, 1982. (5) Demonstration offinal complianceby December 31, 1982. (b) All sources located in Clark, Floyd, Lake, Marion, and Porter counties whieh that

. werein operation priorto November 1, 1980, and notmeeting the requirements of326 lAC 8-2-

9 (miscellaneous metal coating), 326 IAC 8-2-10 (flat wood coating), 326 IAC 8-4-3(c) (floating roof tanks), 326·IAC 8-4-'8 (refinery leaks), 326IAC 8-4-9 (truck leaks), 326 IAC 8-5-3 ······'(synthesized pharmaceutical manufacturing), 326 IAC 8-5-4 (rubbertiremanufacturing), and

'326:,IAC·8-5-5 (graphic arts)shall achieve compliance'as expeditiously as practicable,

. butnot laterthan indicated inthe following compliance schedule: (1)Submittalofplans and specifications to the boardby June 30, 1981. (2) Contracts for emission control system orprocess modificationawarded orpurchase orders issuedby August 31, 1981. (3) Initiation ofon-site construction orinstallations by October 31, 1981. (4) Completion ofon-site construction or installations by October 31, 1982. (5) Demonstration offinal compliance by December 31, 1982. 

### (c) All sources located in Elkhart and S1. Joseph counties 

### which that eitherwere in operationpriorto December 28, 1979, and are 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 magnet wire), 326 IAC 8-2-11 (fabric and vinyl coating), .326 lAC 8-3 (degreasing), 326 IAC 8-4-2 (petroleum refineries), 326 IAC 8-4-3(0) (fixed rooftanks), 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 IAC 8-5-2 (asphaltpaving) orwere in operation priorto November 1, 1980, and' are not meeting the requirements of326 lAC 8-2-9 (miscellaneous metal coating), 326 IAC 8-2-10 (flat wood coating), 326 lAC 8-4-3(c) (floating rooftanks), 326 IAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesizedpharmaceutical Page 2 of 12**~)**

...)pre #07-353 Stage I Vapor Recovery November4, 2009 manufacturing), 326 lAC 8-5-4 (rubbertire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but notlater than indicated in the following compliance schedule: (1) Submittal ofplans and specifications to the board by June 30, 1985. (2) Contracts for emission control systems orprocess modification awarded orpurchase orders issued by August 31, 1985. (3) Initiation ofon-site construction or installation by October 31, 1985. (4) Completion ofon-site construction or installation by September 30, 1986. (5) Demonstration offinal compliance by December 31, 1986. td} fItcareswhere an existing facility demonstrates that compliance is notpossible by the interimdatys- specified 

### in subsection

# tar. an extension maybe granted by the eonnnissioner. 

### The facility shaH submit

### a

### tetter ofintent

### Which shows compliance with this mle

### as expeditiously as possible, but 

### in no event laterthan December 3-i; t98Z;

### aitd shaH include a schedule ofdates for 

### the fullowil.tg. 

## fflSubmittal ofplans: 

## ffl Startconshnction. 

### <(37 Completion ofconstrnction.**·"~~4)** Achiev iItg compliance. 

## ffl Submitperformance**results~** ence·the boardhas approved

### a sotllce's compliance 

### plan; thepianmaltbe incorporated

### intothe**facilitie&'~pennit** andthe plan shaltbe submitted 

### to the B:&

### EPA- as a SIP**re~ision.** Failure 

### to**operat~!w.ithin** these conditions shalt be considered a violation ofthis rule;



## . te7 fIt caSCS' where an existing facility demonstrates thatthe emission limitation specified 

### in 

### timrule is not attainable considering economic and tcclmological feasibility, and no offsetis' a"ailable 

### to satisfy 326 Me 

### 2'=4; the source may petition the

### boa¢ 

### to recei\'e an exteri:sion beyond thedates specified 

### in subsections

## Wthrough (c7: %e pctitionshaH include the foHowirtg. 

## fflBates ofequipment modification plans: 

## ffl Bates ofcquipment installation and/or constrnction. 

## fflYearly cmission limitations demonstrating rcasonablc further progress. (4J Bate of

### final compliance, 

### in no ease tater

### than Deccmber 3+; t987-: ence the connnissioner 

### has**appro~ed** 

### a**sou~ce's** compliance

### plan; it shaHbe irlcorporated intothe 

### facilities' pennit and the plan shaH be submitted 

### to the B:& EPA- as 

### a SiP revision. Failure 

### to operate within these conditions 

### shaH: be considered a v iolation of

### this ru1e; 

## ffl (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties with a monthly throughput oftwenty thousand (20,000) gallons permonth or greater and not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shalLachieve compliance as expeditiously as practical, butnot later than inthe compliance schedule listing in Page 3 of 12pre #07-353 Stage I Vapor Recovery November4, 2009 subsection (a) for those sources in operationprior to January 1, 1980. 

### tg] (e) All sources located in Elkhart and S1. Joseph counties with a monthly throughput oftwenty thousand (20,000) gallons permonth or greater and not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable butnot later than in the compliance schedule listed in subsection (c). 

## W (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and S1. Joseph counties 

### wlriclr that were in operationpriorto January 1, 1980, and have a monthly throughput between ten thousand (l0,000) and twenty thousand (20,000) gallons per month and notmeeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable butnot laterthan indicated iIi the following compliance schedule: (1) Submittal ofplans and specifications tothe boardby June 30, 1986. (2) Contracts for emission control system orprocess modification awarded orpurchase orders issued by August 31, 1986. (3) Initiation ofon-site construction orinstallationby October 31, 1986

.

.(4) Completion ofon-site construction orinstallationby September 30, 1987

.

. (5) Demonstration offinal compliance by.December 31,"1987

.



## .ffl (g) All sources subjectto the requirements of326 lAC 8-4 located inBoone,

.. Dearhorn,Hamilton, Hancock, Harrison, Johnson/Morgan, and Shelby counties 

### which thatwere

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 greater that have not met the complianceschedules in subsection (d), (e), (1), or (g) shall compiy with 326 lAC 8-4-6 not later than January 10, 

### 2011. (AirPollution ControlBoard;326

### lAC

### 8-1-3;fliedMar 10, 1988,1:20p.m.: 

### 11 lR 2528; errata, 11 lR 2632;flledAug 11,1989, 

### 1:40p.m.: 13 lR 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 ofthis rule apply to sources ofthe types described in this rule located in the following counties:

. (1) Clark. (2) Elkhart. (3) Floyd. Page 4 of 12

### ,,' pre #07-353 Stage I Vapor Re.covery November4, 2009

. (4) Hendricks. (5) Lake. (6) Marion. (7) Porter. and (8) St. Joseph. Counties. (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

.

. r (4) Hancock. (5) Harrison. (6) Johnson. (7) Morgan. and (8) Shelby. Counties. 

### :{c7

# en and.afterMayt; t999; section

## 6W tlnough6{e}. and 6(hJ ofthis

# nne applies 

### to somces,mthetype described in section 

### 6- ofthis 

### rttlc; located in VandCtbmgh Comrty

.

....;<(dJ(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. (eJ (d) Section 

### 6- 6(a) and 6(b) ofthis rule applies apply to any gasoline storage. 

### tank installed after 

### :fttlyt; t9B9; at a gasoline dispensing facility unless such facility is excluded under subseetion 

## ffl: with a monthly gasoline throughput often thousand (10,000) gallons

.per month or greater.
. 

## ffl Section 

### 6- ofthis 

### mle shaltnot apply to- gasoline dispensing facilities which ltave rnoutlrly gasoline tlnonghputs of

### tess 

### thantenthousand 

### (10,000) gallol1s per month

### amt.- 

## fflwere 

### in existence prim' 

### to :lttly.

### f;: 

### t9E9; or (Z7 are locatedatfarms orI'dv ate residences. (e) Section 6(c) ofthis rule applies to gasoline dispen.-sing facilities as described in section 6(c)(1) ofthis rule and located in: (1) Clark; (2) Floyd; (3) Lake; or (4) Porter; county. 

### (AirPollution ControlBoard; 326

### lAC8-4-1;jiledMar 10, 1988, 

### 1:20p.m.: 11 

### IR**2538~'jiled** 

### Aug 11, 1989, 

### 1:40p.m.: 13lR 7;jiledApr23, 1999, 2:12

### p.m.: 22lR 2855; Page 5 of)2pre #07-353 Stage I Vapor Recovery November4, 2009 

### readoptedfiledJan 10,2001,3:20p.m.: 24IR 1477) SECTION 3. 326 IAC 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. Ca) The following definitions apply throughout this section: (1) "Average monthly volumetl means the amount ofmotor fuel dispensedpermonth from a gasoline dispensing facility based upon a monthly average for a two (2) year period from November 1990 through October 1992, or, ifnot available, the monthly average for the most recent twelve (12) calendarmonths. 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 whicltthathas been tested and approved by CARE as having a vaporrecovery and removal efficiency ofat least ninety--five percent(95%) by weight. (4)**"Constmcted~'means** fabricated, erected; orinstalled and refersto any facility, emission source, or airpollution control equipment. .' (5) "Dynamic backpressure, test" means 

## atestprocedure used to detenninethe pressure drop (flow resistance) through vapor collection'and. control systems,including:

. (A) nozzles; (B).vaporhoses; (C) swivels; 

### CD) dispenserpiping; and (E) underground piping; atprescribed flow rates. Testprocedures for this test canbe found 

### in EPA 450/3-91- 022b, t1Technical Guidance

..--Stage II VaporRecovery Systems for Control ofVehicle Refueling Emissions at Gasoline Dispensing Faciiities"*. (6) "Employee" means any person who perfonns work for an employer for compensation. (7) "Facility" means any: (A) building; (B) structure; (C) installation; 

### CD) operation; or (E) combination located on contiguous properties and under common ownership; thatprovides for the dispensing ofmotor vehicle fuel. , (8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into motor vehicle fuel tanks orportable containers from a storage tankwith a capacity oftwO' thousand

## on.-e hundred seventy-six (2,176) nine hundred forty-six (946) liters

## ffive Page 6 of 12pre #07-353 Stage I Vapor Rec6very November4, 2009 hundred seventy-five

## f5757 (two hundred fifty (250) 

### gallons) ormore. Diesel fuel and kerosene are not considered to be motor vehicle fuels. (9) "Independent small business marketer ofgasoline" means a person engaged in the marketing ofgasoline 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 personwho controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation referred to in this subdivisionis by means ofa supply contract or an agreement or contract to use a trademark, trade name, service mark, orother identifying symbol orname owned by suchrefiner 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 testprocedure used to detect low points in any vapor ·.colle9tion and control systemwhere condensate may accumulate. Testprocedures canbe "";''1foUIld in EPA 450/3-91-022b, "Technical Guidance-Stage IT VaporRecoverySystems**f~r** 

### Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*.**"'~'}jk,ll)** 

### "Modification" means any change, removal,or addition, otherthan a certified replacement ofany componentcontained within the vaporcollection system and control**,:;sy~tem.**



### ··..**,~(12J"Motor** 

### vehicle" means any self-propelled vehicle poweredby anintemal combustion engine, including, butnot limited to, the following: (A) Automobiles. (B) Trucks. (C) 

### Motorcycles. (13) "Motorvehicle fuel" means any petroleum distillate having a Reid vaporpressure of morethan four (4) pounds per square inch and which 

### that is used to powermotor

.. vehicles. Diesel fuel and kerosene are not consideredto be motor vehicle fuels.

(14) "Owner or operator" means any person who: (A) owns; (B) 

### leases; (e) 

### operates; (D) 

### manages; (E) 

### supervises; or (F) 

### controls; directly or indirectly, a gasoline dispensing facility. (15) "Pressure decay or leak test" means a testprocedure used to quantify the vapor tightness ofa vapor collection and control systeminstalled 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 RefuelingEmissions Page Tof 12pre #07-353 Stage I Vapor Recovery November4, 2009 at Gasoline Dispensing Facilities"*. (16) "Vaporcollection and control systems" means any system certifiedby CARB which that limits the discharge to the atmosphere ofmotor vehicle fuel vapor displaced during the dispensing ofmotor vehicle fuel into motor vehicle fuel tanks. (b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as fonows: 

### fb1 (1) No owneroroperator ofa gasoline dispensing facility shall allowthe transfer of gasoline between any transport and any storage tank unless such the tank is equipped with the following: 

## ffl(A) A submerged fillpipe 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 tankifthe fIll pipe was installed after November 9, 2006. (B) Either a pressure reliefvalve setto release at no not less than seven-tenths (0.7) pounds per square inch or an orifice offive-tenths (0.5) inch in diameter. 

## ffl (C) A vaporbalance system connectedbetween the tank and the transport operating according to manufacturer's specifications. 

## ·tel (2)Ifthe owner or employees ofthe owner ofa gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe owner orthe operatorofthe transportto make certain the vaporbalance system is: (A) connected between the transport andthe storage tank; and is (B) operating according to manufacturer's specifications

.

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

## 00 (1) The provisions ofsubsection

## feJ subdivision (2) shall apply to any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except ifthe gasoline dispensing facility: 

## ffl (A) dispenses an average monthly volume ofless than ten thousand (10,000) gallons ofgasoline permonth; or 

### {ZJ (B) is an independent small business marketer of gasoline who dispenses an average monthly volume ofless than fifty thousand (50,000) gallons ofgasoline

.. permonth. 

## te7 (2) No owner or operatorofa gasoline dispensing facility shall cause or allow the dispensing ofmotor vehicle fuel at any time unless all motor vehicle fuel dispensing operations are equipped with and utilize acertified vapor collection and control system whieh thatis properly installed and operated as follows: 

## ffl (A) No vapor collection and control system shall be installed, used, or maintained unless the system: Page 8 of 12·.. .:..;**,~-'"j;..** ':. prc #07-353 Stage I Vapor Recovery November4, 2009 (i) has been certified by CARB; and (ii) meets the testing requirements specified in sttbsection (k)(6). subdivision (7)(F). 

## -tz7 (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. 

## ffl(C) No elements or components ofa vapor collection and control system shall be: (i) modified; (ii) removed; (iii) replaced; or (iv) otherwise rendered inoperative;

< in**a~anner** whiclt thatprevents the system from perfonning in accordance with its certification and design specifications.**~-** (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing, ornoncertified components. The following requirements apply to a vapor collection and control system: 

## W (1) All parts ofthe system which that can be visually inspected must be checked daily by the operator ofthe facility for the following

. malfunctions: 

## fi7 (AA) Absence ordisconnection ofany componentrequired to be used to certifY the system. 

## 6i7 (BB) A vaporhose which that is crimped orflattened such that the vaporpassage is blocked or severely restricted. {iii] (CC) A nozzle bootwhich thatis tom in either ofthe following manners: (tdr)- (aa) A triangular shaped or similartear one-half(112) inch or more to a side or a hole one-half

### (112) inch ormore in diameter or length. 

## tBB1 (bb) Slit one (1) inch ormore in. length. (ivJ (DD) A faceplate orflexible cone which thatis damaged in the following manner: (tdr)- (aa) For balance nozzles and nozzles for aspirator and educatorassist type systems, damage shall be such that the capability to.achieve a seal with a fill pipe interface is affected for one-fourth 

### (114) ofthe circumference ofthe faceplate (accumulated). 

### (BB}- (bb) Fornozzles 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 shutoffmechanism which that malfunctions in Page 9 of 12pre #07-353 Stage I Vapor Recovery November4, 2009 any manner. {vi] (FF) A vacuum producing device whieh that is inoperative. 

## fB7 (ii) Any defect in the system wlriclt that is discovered in clause

## W item (i) will require the immediate shutdown ofthe affected pumps until properrepairs are made. 

## te7 (iii) A signed daily log ofthe daily inspection in clause

## W item (i) shall be maintained at the facility. (BJ (iv) One (1) operator or employee ofthe gasoline dispensing facility shall be trained and instructed annually in the proper operation and maintenance ofa vapor collection and control system. (E7 (v) Instructions shall: (AA) be postedin a conspicuous and visible place within the motor vehicle fuel dispensing area for the system in use at that station; 

### %e instructions shaH (BB) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at that station; :rite instrtictions shaH

### also and (CC) include a warning thatrepeated attempts to continue dispensing motorvehicle fuel after the systemhas indicated that the vehicle fuel tank is full may resultin a spillage offuel.

.. (fJ(3}:Facilities subjecttotherequirements ofsnbscctioute:) subdivision (2) shall

demonstrate compliance according to the following schedule: 

## ffl(A) Six(6) months afterpromulgation in the case ofgasoline dispensing facUities for which construction commenced after the date ofenactment ofthe Clean AirAct Amendments of 1990 (November 15, 1990). 

### {:ZJ (B) One (1) yearafter promulgation in the case ofgasoline dispensing facilities whieh that dispense atleast one hundred thousand (100,000) gallons of gasoline permonth, based on average monthly sales for the two (2) yearperiod priorto November 15, 1992

.

.**~(C)** Two 

### (2) years afterpromulgation in the case ofall other gasoline

dispensing facilities

.. 

## t41 (D) Any gasoline dispensing facility described in both subdivisions 

## ffland 

### {ZJ

. clauses (A) and (B) shall meet the requirements ofsubdiv ision

## tit clause (A). (57. (E) Newfacilities constructed after the promulgation ofthis rule shall comply with the requirements ofsuqscction

### te:} subdivision (2) upon startup ofthe facility. 

## t67 (F) Existing facilities previously exempted from, but whieh thatbecome .subject to, the requirements ofsubsection

### te:} subdivision (2) shall comply with the requirements ofsubsection

### te:} subdivision (2) within one (1) year from the

. date the facility became subject. 

### (g1(4) Any gasoline dispensing facility that becomes subject to the provisions of Page 10 of 12pre #07-353 Stage I Vapor Recovery November 4, 2009 subscction

### tel subdivision (2) at any time shall remain subjectto the provisions of

. subsection

### tel subdivision (2) at all times. 

## fhJ Bpon requestby the agency, the 'OWllCror operator ofa gasoline dispensing facility which claims 

### to- be exempt from there.quircmcnts ofthis section 

### shaH: submit records to the agency 

### within thirty 

### (36} calendar days from the date ofthe requcst which dcrnonstrates thatthe gasoline dispensing facility is in fact cxcmpt. 

### fu (5) Any gasoline dispensing facility subject to subscction

### tel subdivision (2) shall retain,copies ofall records and reports adequate to clearly demonstrate the fonowing: 

## ffl (A) That a certified vapor collection and control system has been installed and tested to verify its perfonnance according to its specifications. ':., (2] (B) That proper maintenance has been conducted in accordance with the manufacturer's specifications and requirements. 

## ffl(C) The time period and duration ofall malfunctions· ofthe vaporcollection

.and control system. 

## f47 (I) The motor vehicle fuel throughput of the facility for each calendarmonth ofthe previous year.

. ;.**,j~.** 

## t57 (E) That operators and employees are trained and instructed in theproper**,,,t,;;::~** operation and maintenance of the vapor collectionand control system.
•• ..@ (6) All records and reports required in snbscetion

## ffl subdivision (5) shall be made .'''\{iiavailable tothe agcncy departmentupon request. Allrecords shall be retained for a ";period oftwo (2) years. : :i.;'f(k} (7) Within forty-five (45) days afterthe installation ofa vapor collection and control

·"csystem, the owner or operatorofthe gasoline dispensing facility shall submit to the

.agency department a registration fonn, which shall be provided by the department of environmental management, office ofair nlallagernent, wlrich quality, thatprovides, at a minimum, the following: 

## ffl (A) The name, address, and telephone number ofthe facility. (ZJ (B) The signature ofthe owneror operator. 

## ffl (C) The 

### CARR executive ordernumber for the vapor collection and control system to be utilized. (47 (D) The number ofnozzles, excluding diesel and kerosene, used for motor vehicle refueling. 

## t57 (E) The monthly**averag~** volume ofmotor vehicle fuel dispensed. 

## t61 (F) The date ofcompletion ofinstallation ofthe vapor collection and control system. Completion ofinstallation includes the successful passing ofa vapor leakage and blockage test. A vapor leakage and blockage test must, at a minimum, include the following: 

### (*7 (i) A pressure decay or leak test. 

## tB7 (ii) A dynamic pressure drop test. te} (iii) A liquid blockage test. Page 11 of 12prc #07-353 Stage I Vapor Recovery November4, 2009 The results ofthese tests mustbe submitted with the registration fonn specified in this subsection. subdivision. 

## ffl (8) All vapor collection and control systems shall be retested for vapor leakage and blockage, and successfullypass the test, at least every five (5) years or upon maJor systemreplacement ormodification. A major systemmodification is considered to be replacing, repairing, orupgrading seventy-five percent (75%) ormore ofa vapor collection and control system ofa facility. (d) Upon requestby the department, the owner or operator ofa 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 demonstratethatthe 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 Ouality;**.~**

. Coumef:, Indiana Govemm.entCenter**North~** TenthThb teenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

### (AirPollution ControlBoard; 326

### lAC 8-4-6;fileliMar.]0, 1988,**1:20p~m.;·11 IR254();filedAug11~**  1989, 

### 1:40p.m.:131R 8;

### filedNov 30, 1990, 4:20p.m.: 14 

### IR**605;filedOct28~1993,.5:00:p.m.:17** 

### IR332;

### filedSep 18, 1995, 

### 3:00**p;m~:** 

### 191R203; ert'atajiledDec 11, 

### 1995,3:00p;m.: 191R674;fitedJUl30, 1996,2:00p.m.: 19lR 3349; erratajiledFeb**18~** 1997, 

### 4:00p.m.: 20IR 1738,' 

### readopteclfiledJan 10,2001, 3:20p.m.: 24IR 1477;jiledAug26, 

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

Page 12of 12

# EXHIBIT 2-B

rap #07-353 Stage I Vapor Recovery November4, 2009 

### TITLE 326 AIRPOLLUTION CONTROL BOARD PROPOSED RULE AS PRELIMINARILYADOPTED LSA Document#07-353 DIGEST Amends 326 lAC 8-1-3, 326 lAC 8-4-1, and 326 lAC 8-4-6 concerning stage Ivapor recovery measures for gasoline dispensing facilities in Indiana. Effective 30 days after filing with the Publisher. 

### HISTORY FirstNotice ofComment Period: June 27, 2007, Indiallil Register (DIN: 20070627-IR326070353FNA)

.

.Continuation ofFirstNotice ofComment Period: September 10, 2008, IndianaRegister (DIN: ,2008091O-IR-326070353FCA).

. )SecondNotice ofCommentPeriod: June 3, 2009, Indiana Register (DIN: 20090603-IR32607fi363SNA). Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA). Date ofFirstHearing: September2, 2009. ProposedRule: September23, 2009, Indiana Register (DIN: 20090923-IR326070353PRA). Notice ofSecond Hearing: September23,2009, IndianaRegister (DIN: 20090923-IR326070353PHA). Date ofSecond Hearing: November4, 2009. 

### 326 

### lAC 8.-1-3; 326 

### IAC 8-4-1; 326 

### IAC 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 

### Mfected: IC 13-15; Ie 13-17 Sec. 3. (a) All 

### sources located in Clark, Floyd, Lake; Marion, and Porter counties 

### 'Which that were in operationprior to December 28, 1979, and notmeeting the requirements of326 lAC 8-2-2 through. 326 lAC 8-2-8 (surface coating ofautos, 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 rooftanks), 326 Page 1 of 12rap #07-353 Stage I VaporRecovery November4, 2009 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 (asphaltpaving) shall achieve compliance as expeditiously as practicable, but not laterthan indicated in the following compliance schedule: (1) Submittal ofplans and specifications to the board by December 31, 1980. (2) Contracts for emission control systems orprocess modification awarded orpurchase 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 complianceby December 31, 1982. (b) All sources located in Clark, Floyd, Lake, Marion, and Porter counties which that were in operation priorto November 1, 1980, and not meeting the requirements of326 IAC 8-2- 9 (miscellaneous metal coating), 326 lAC 8-2-10 (flatwood coating), 326 lAC 8-4-3(c) (floati11g rooftanks), 326 lAC 8-4-8 (refinery leaks), 326 IAC 8-4-9 (truck leaks), 326 IAC 8-5-3 (synthesizedpharmaceutical manufacturing), 326 IAC 8-5-4 (rubber tire manufacturing), and 326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, butnot laterthan indicated in the following compliance schedule: '(l) Submittal ofplans and specifications tOfhe boardby June 30, 1981.

(2) Contracts for emission control system or-process modification awarded orpurchase orders issuedbyAugust 31, 1981. (3) Initiation ofon-site construction or installations by October 31, 1981. (4)Completion ofon-site construction orinstallations by October31,1982. (5) Demonstration offinal compliance byDecember 31, 1982. (c) All sources located in Elkhart and S1. Joseph counties which that eitherwere in operation prior to December 28, 1979, and are not meeting the requirements of326 IAC 8-2-2 through326 IAC 8-2-8 (surface coating ofautos, 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 rooftanks), 326

. lAC 8-4-4 (bulk gasoline terminals), 326 IAC 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 of326lAC 8-2-9 (miscellaneous metal coating), 326 lAC 8-2-10 (flat wood coating); 326 lAC 8-4-3(c) (floating rooftanks), 326 IAC 8-4-8 (refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesizedpharmaceutical manufacturing), 326 IAC 8-5-4 (rubber tire manufacturing), and 326 IAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, butnot later than indicated in the following compliance schedule: (1) Submittal ofplans and specifications to the boardby June 30, 1985. (2) Contracts for emission control systems orprocess modification awarded**~r** purchase orders issued by August 31, 1985.

, (3) Initiation ofon-site construction orinstallation by October 31, 1985. Page 2 of 12rap #07-353 Stage I Vapor Recovery November 4, 2009 (4) Completion ofon-site construction or installation by September 30, 1986. (5) Demonstration offinal compliance by December 31,1986. 

## W in 

### eases- where an existing facility demonstrates thatcompliance 

### is not possible bythe interimdates specified 

### in subsection

# tar. an extension may be granted by the**cormnissioIl~.** The facility mtaH submit a 

### tetterofintent which: sho W05 compliance with this rnle as, expeditionsly as possible, but

### in no eventtater than December 3i; i98Z; and shaH inclnde a schedule ofdates for the fOlIowing. 

## fflSubmittal ofplans-: 

## ffl Start constrnetion. 

## ffl,Ootupletiorl ofconstruction. (47lrchicl'ing compliance. {5J SubmitperfOrmance results. 6nee theboard

### has approl'ed

### a source's compliance platt; the 

### plan shaHbe incorporated

### intO' the facilities' permit and 

### the plan

### shaHbe.submitted

### to the tr.S:- EP* as 

### a 

### SiP revision. Failme to operate withinthese conditions 

### 'ShaHbe considered

### a violationofthis rttle:' 

### in where an existing facility demonstrates that the emission lirnitation specified inthis,tlfJp

### is not attainableconsiderillg economic and technological feasibility, and 

### 1lO,O'ffsetis available to satisfy 

### 3Z6 Me

### Z=4; theSOUICC maypetition the

### boardto receive an extension**beyo~the** 

### dates specified

### in subsections 

## W tlnough

## ter. The petition 

### shaH includethe

, follow:in.g. 

### ,.,(17 Bates ofequipment modificationplans; 

## ffl Dates ofequipment installation audlor constrnction. 

## fflYearly emission limitations demonstrating reasonable fnrther progress. (47 Bate offinal compliance, 

### in no ease laterthan December 3-t; 

### t987:- 

# encethe cotnrtlissioner has appro"" ed a source's compliarlee plan; itshaHbe incorporated 

### into- the facilities' peuuitand

### theplan shaHbe su.bmitted

### to 

### the B:S-: EP:t\: as a 

### SfPre

### v ision. Failure 

### to operate 

### owithin these conditions shaHbe considered a violation of 

### this rule:' 

## ffl (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter ccmnties with a monthly throughput oftwenty thousand (20,000) gallons permonth or greater and not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practical, but not later than in the compliance schedule listing in subse.ction (a) for those sources in operation prior to January 1, 1980. 

### (gJ (e) All sources located in Elkhart and S1. Joseph counties with a monthly throughput oftwenty thousand (20,000) gallons permonth 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).
Page 3 of 12rap #07-353 Stage I Vapor Recovery November 4, 2009 (h} (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and St. Joseph counties which 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 permonth and not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve compliance as expeditiously as practicable but not laterthan indicated inthe following compliance schedule: (1) Submittal ofpHms and specifications to the boardby June 30, 1986. (2) Contracts for emission control system orprocess modification awarded orpurchase orders issued by August 31, 1986. (3) Initiation ofon-site construction or installation by October 31, 1986. (4) Completion ofon-site construction or installationby September 30, 1987. (5) Demonstration offinal compliance by December 31, 1987. 

## ti7 (g) All sources subjectto the requirements of326 lAC 8-4 located 

### in Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties which thatwere inexistence prior to July 1, 1989, shall achieve compliance not laterthan July 1, 1990.

- --.'-(h) 

### All sources stateWide with a monthly gasoUnethroughputoftenthousand

- - (10;(JOOlgallons-permonth<mgreaterthat have not met-the compliance schedules in subsection-Cd), (e), (f), or {g)sliallcomply with 326IAG8-4-6-notlater than January 10, 

### 2011. (AirPollution ControlBoard; 326

### lAC 8-1-3;filedMar 10,1988,1:20p.m.: 11 

### IR 2528; errata, l11R 2632;

### filedAug 11, 1989, 

### 1:40p.m.: 131R 6) 'SECTION 2. 326 lAC 8-4-1-IS AMENDEDTOltEADAS FOLLOWS: 326 lAC 8-4-1 Applicability Authority: IC 13-14-8; 

### Ic 13-17-3-4; IC 13-17-3-11 Affected: IC13-15; Ie 13-17 Sec.!. (a) All sections ofthis rule apply to sources ofthe types describedin this rule located in the following counties:

- (I) Clark. (2)Elkhart. 

### (3) Floyd. (4) Hendricks. (5) Lake. (6) Marion. (7) Porter. 

### and (8) St. Joseph. Connties. (b) Sections 4 through 7 and 9 ofthis rule apply to sources ofthe types described in this Page 4 of 12rap #07-353 Stage I Vapor Recovery November4, 2009 rule located in the following counties: (1) Boone. (2) Dearborn. (3) Hamilton. (4) Hancock. (5) Harrison. (6) Johnson. (7) Morgan. and (8) Shelby. Cotlnties. (e1Bn and afterMay 1; 1999; section

### 6taJ through 6{e7and 

### 6{h1 oftlris 

### rnI:e applies to sources ofthe type described 

### in sectiou6 of

### thisrule; iocated 

### in Vanderbtlrgh County. 

## td1 (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: (e7 (d)Section (1 6(a) and 6(b) ofthis rule applies apply to any gasoline storage 

### tank installed.after :hrly

### +; t9B9; at a gasoline dispensing facility unless

### meltfacility is excluded under subsection

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

### {:f} Section (1 ofthis nrle

### shaH. not apply. to gasoline dispensing facilities 'Which

### have monthly gasoline throughputs 

### oftess' than· ten thons<llld (10,000) gallons permonth 

### and:-



## . f11were in existence priorto 'fu1y

### +; t989; or 

## ffl are located 

### atfanns orprivate residences. (e) Section 6(c) ofthis rule applies to gasoline dispensing facilities as described in section 6(c)(1) ofthis rule and located in: (1) Clark; (2) Floyd; (3) Lake; or (4) Porter; county. 

### (AirPollution ControlBoard; 326

### lAC8-4-1;

### filedMar 10, 1988, 

### 1:20p.m.: lllR 2538;filedAug Ii, 1989, 

### 1:40p.m.: 13 

### lR 7;fiiedApr23, 1999,2:12

### p.m.: 22 

### lR 2855; readoptedfiledJan 10, 2001, 3:20p.m.: 24 

### lR 1477) SECTION 3. 326 LAC 8-4-6 IS AMENDED TO READ AS FOLLOWS: 326 IAC 8-4-6 Gasoline dispensing facilities Authority: 

## Ie 13-14-8; IC 13-17-3-4 Affected: IC 13-12-3-1 PageS of 12rap #07-353 Stage I VaporRecovery November4, 2009 Sec. 6. (a) The following definitions apply throughout this section: (1) "Average monthly volume" means the amount ofmotor fuel dispensed per month from a gasoline dispensing facility based upon a monthly average for a two (2) year period from November 1990 throughOctober 1992, or, ifnot available, the monthly average for the most recent twelve (12) calendarmonths. 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 systemwhieh that has been tested and approved by CARB as having a vaporrecovery and removal efficiency ofat least ninety-five percent (95%) by weight. (4) "Constructed" means fabricated, erected, orinstalled and refers to any facility, emission source, or airpollution 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; (e) swivels; (D) dispenserpiping;. and .' (E) underground piping; atprescribed flow rates. Testprocedures for this test can be found inEPA 450/3-91- 022b, "TechnicalGuidance-Stage II VaporRecovery Systems for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (6) "Employee" means any person who performs work fotan 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; thatprovides for the dispensing ofmotor vehicle fuel.

.(8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into motorvehicle fuel tanks orportable 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

### t5751 (two hundred fifty (250) gallons) or more. Diesel fuel and kerosene are not considered to be motor vehicle fuels. (9) "Independent small business marketer ofgasoline" means a person engaged inthe marketing ofgasoline 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 personwho Page 6 of 12rap #07-353 Stage I VaporRecovery November4, 2009 controls, is controlled by, oris under a common control with a refiner (unless the sole affiliation referred to in this subdivision is by means ofa supply contract or an agreement or contract to use a trademark, trade name, servicemark, or other identifying symbol orname 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 testprocedure used to detect low points in any vapor collection and control system where condensate may accumulate. Testprocedures can be found in EPA 450/3-91-022b, "Technical Guidance-Stage II VaporRecovery Systems for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*. (11 "Modification" means any change, removal, or addition, otherthan a certified replacement ofany 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) "Motorvehicle fuel" means any petroleum distillate having a Reid vaporpressure of ,i<IDore than four (4) pounds per square inch and which that is used to powermotor ,vehicles. Diesel fuel and kerosene are not considered to be motorvehicle fuels

.

.**~.~** :. -., -.ot,'" -, . -{14) "Owner or operator" means anyperson who:

,/;p.i; (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 ofa vaporcoUection and control system installed at gasoline dispensing facilities. Testprocedures 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 certifiedby CARE whiclt that limits the discharge to the atmosphere ofmotor vehicle fuel vapor displaced during the dispensing ofmotor vehicle fuel into motor vehicle fuel tanks. (b) 

### Stage I vapor recovery system requirements at gasoline dispensing facilities are' as follows: {b7 (1) No owner or operator ofa gasoline dispensing facility shall allow the transfer of Page 7 of 12rap #07-353 Stage I Vapor Recovery November4, 2009 gasoline between any transport and any storage tank unless sueh the tank is equipped with the following: 

## ffl(Al 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. 

## t27 (B) Either a pressure reliefvalve set to release at

### no not less than seven-tenths (0.7) pounds per square inch or an orifice offive-tenths (0.5) inch in diameter. 

## ffl (Cl A vaporbalance system connected between the tank and the transport operating according to manufacturer's specifications. (e7 (2) lfthe owner or employees ofthe owner ofa gasoline dispensing facility are not present during loading, it shall be the responsibility ofthe owner orthe operator ofthe transportto make certain the vaporbalance system is: (A) connectedbetween the transport and the storage tank; and is (B) operating according to manufacturer's specifications. (c) Stage II vapor recovery system requirements at gasoline dispensing facilities are as follows:

. {d1 (1) The provisions ofsubsectionWsubdivision (2) shall apply to any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except ifthe gasoline dispensing facility: 

## ffl(A) dispenses an average monthly volume ofless than ten thousand (10,000) gallons ofgasoline permonth; or 

## t27 (B) is an independent smallbusiness marketer ofgasoline who dispenses an average monthly volume ofless than fifty thousand 

### (50,OOO) gallons ofgasoline permonth. W (2) No owner or operator ofa gasoline dispensing facility shall cause or allow the dispensing ofmotor vehicle fuel at any time unless all motor vehicle fuel dispensing operationsare equipped with and utilize a certified vapor collection and control system whieh that is properly installed and operated as follows: 

## ffl(A) No**v~por** collection and control system shall be installed, used, or maintained unless the system: (i) has been certifiedby CARB; and (ii) meets the testing requirements specified in subsection (k)(6)

.

. subdivision (7)(F). 

## t27 (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. 

## ffl {ClNo elements or components ofa vapor collection and control system shall be: Page80f 12

.rap #07-353 Stage I Vapor Recovery November 4, 2009 (i) modified; (ii) removed; (iii) replaced; or (iv) otherwise rendered inoperative; in a mannerwhi:eh that prevents the system from performing in accordance with its certification and design specifications. (4J (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing, ornoncertified components. The following

.requirements apply to avapor collection and control 

### system: 

## W (i) All parts ofthe system whieh that can be visually inspected must**,~,** be checked dailyby the operator ofthe facility for the following**~;** malfunctions:

, i'i' 

## ti7 (AA).Absence ordisconnection ofany componentrequired to be used to certify the system.

M 

## tii7 (BB) A vapor hose whicltthat is crimped orflattened such that the vaporpassage is blocked or severely restricted. 

## tiii1 (CC) A nozzle bootwhieh that is torn in eitherofthe following manners: (tdt7 (aa) 

### A triangular shaped or similartear one-half(l/2)

. ' .) inch ormore to a side or a hole one-half(1I2) inch ormore f,.,••**~,** in diameter or length. ,(BB1 (bb) Slit Olle (1) inch ormore in length. Y':;11'i 

## 6v7 (DD) A faceplate or flexible cone which that is damaged in the following manner: ", '.' , (tdt7(aa).Forbalance 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 (114) ofthe circumference ofthe faceplate (accumulated). (BB] (bb) Fornozzles for vacuum assist type systems that

, use a flexible cone, having more than one-fourth (114) of

the flexible cone missing. 

## M (EE) A nozzle shutoffmechanism which thatmalfunctions in any manner. 

### {vi} (FF) A vacuum,producing device which that is inoperative. 

## tB7 (ii) Any defect in the systemwhieh that is discovered in clause

## W item (i) will require the immediate shutdown ofthe affected pumps until properrepairs are made. 

### (€J(iii) A signed daily log ofthe daily inspection in clause

### WHem (i) shall be maintained at the facility. 

### (:BJ (iv) One (1) operator or employee ofthe gasoline dispensing**facili~** Page 9 of 12rap #07-353 Stage I Vapor Recovery November4,2009 shall be trained and instructed annually in the proper operation and maintenance ofa vapor collection and control system. 

## fE7 (v) Instructions shall: (AA) be posted in a conspicuous and visible place within the motor vehicle fuel dispensing area forthe system in use at that station; 

### ::Ate instrnctions 

### shaH: (BB) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at that station; !fhe illstlnctions shaH also and (CC) include a warning that repeated attempts to continue dispensing motorvehicle fuel afterthe systemhas indicated that

. the vehicle fuel tank is full may result in a spillage offuel. 

## ffl(3) Facilities subject to the requirements ofsubsection

## te7 subdivision (2) shall demonstrate compliance according to the following schedule: 

## ffl (A) Six (6) months afterpromulgation in the case ofgasoline dispensing facilities for whichconstruction commenced afterthe date ofenactment ofthe Clean AirActAmendments of 

### 1990 (November 

### 15, 1990). 

### (Z7 (B) One 

### (1) year afterpromulgation inthe case ofgasoline dispensing facilities whicltthatdispense at leastone'hundred thousand**(l()O,OOO)gallon~** of gasoline permonth, based on average monthly sales for the two 

### (2) yearperiod priorto November 

### 15, 1992. 

## ffl(C)Two 

### (2)years'afterpromulgation in the case ofall other gasoline dispensing facilities. 

## ffl (il) Any gasoline dispensing facility described in both subdtvisions 

## ffland

### (Z7 Clauses (A) and (B) shallmeet therequirements ofsubdivision

## ti:J:' clause (A). 

## ffl (B) New facilities constructed after the promulgation ofthisrule shall comply with the requirements ofsttbsection

## te1 subdivision (2) upon startup ofthe facility. 

## W (F) Existing facilities previously exempted from, but \"Vhich

### .thatbecome subject**to~** the requirements ofsubsection

## teJ subdivision (2) shall comply with therequirements ofsubsection

## teJ subdivision (2) within one (1) year from the date the facility became subject. 

### 00(4) Any gasoline dispensing facility thatbecomes subject to the provisions of subsection (e1. subdivision (2) at any time shall remain subject to the provisions of subsection

## teJ subdivision (2) at all times. 

# w t:fpon requestbythe agency, the 0 \"Vncr 

### m- operator 'Ofa gasolinc dispensing facility which claims to be cxempt

### from the requirements**of~** section shaH sttb1l1it reeords to the agencywitl)jin thirty calendar'days from the date 

### ofthe request which demonstrates thatthe gasoline dispensing faeility is 

### in fact cxempt. 

## ffl (5) Any gasoline dispensing facility subject to sttbsection

## tel subdivision (2) shall Page 10 of 12rap #07-353 Stage I Vapor Recovery November4, 2009 retain copies ofall records andreports adequate to clearly demonstrate the following: 

## ffl(A) That a certified vapor collection and control systemhas been installed and tested to verifY its performance according to its specifications. {Z} (B) Thatpropermaintenance has been conducted in accordance with the manufacturer's specifications and requirements. 

## ffl (C) The time period and duration ofall malfunctions ofthe vapor collection and control system. (47 (D) The motor vehicle fuel throughput ofthe facility for each calendarmonth ofthe previous year. 

## ffl (E) That operators and employees are trained and instructed inthe proper H:" operation and maintenance ofthe vapor collection and control system. 

## ffl (§) All records and reports required in subsection 

## fflsubdivisIon (5) shall be made**av~ii.able** to the agency departmentupon request. All records shall be retained for a period oftwo (2) years. (k}-(7) Within forty-five (45) days afterthe installation ofa vapor coUection and control ,-"system, the owner or operator ofthe gasoline dispensing facility shall submit to the**,~pney** department a registration form, which shan be providedby the department of**''i~}fvironmental** management, office ofair management, whieh quality, thatprovides, at a

.**·.·~~imum,** the foHowing:



## .... ffl(A) The name, address, and telephone number ofthe facility. {Z} (B) The signature ofthe owner or operator. 

## ffl(C) The CARB executive ordernumber for the vapor coHection and control' system to be utilized

.

..,.' " (47 (D) The number ofnozzles, excluding diesel and kerosene, used for motor vehicle refueling. 

## ffl(E) The monthly average volume ofmotot vehicle fuel dispensed. 

## t61 (F) The date ofcompletion ofinstallation ofthe vapor collection and control system. Completion ofinstallation includes the successful passing ofa vapor leakage and blockage test. A vapor leakage and blockage test must, at a minimum, include the foHowing: 

## W (i) A pressure decay or leak test. (BJ (ii) A dynamic pressure drop test. 

## tel (iii) A liquid blockage test. The results ofthese tests mustbe submitted with the registration form specified in this subsection. subdivision. 

## ffl (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 systemreplacement or modification. A majorsystemmodification is considered to be replacing, repairing, or upgrading seventy-five percent (75%) ormore ofa vapor collection and control system ofa facility.
Page 11 of 12rap #07-353 Stage I Vapor Recovery November 4, 2009 (d) Upon request by the department, the owner or operator ofa 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 iIi. fact exempt. *This document is incorporatedbyreference.- Copies are available for review and copying at the Indiana Department ofEnvironmental Management, Office ofAir 

### Qn!1lity, Legal Counsel, Indiana Government CenterNorth, Tenth Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 462Q4. 

### (AirPollution ControlBoard; 326

### lAC8-4-6;

### filedMar 10, 1988, 1:20p,1ri.: 11 

### lR 2540;jiledAug 11, 1989, 

### 1:40p.m.: 13 

### lR 8;

### filedNov 30,1990,4:20p.m.: 14 lR 605;jiled

### Oct28, 1993, 

### 5:00p:m.;'17IR332;filedSep 18,1995, 

### 3:00p.m.: 191R 203; erratajitedDec)l, 1995, 

### 3:00p,m.: 

### 191R 674;flledJuI30, 1996, 

### 2:00p,m.: 19 

### 'R 3349; erratafi1edFeb 18, 1997, 

### 4:00p.m.: 20IR**1738,~** 

### readoptedjiledJan 10, 2001, 3:20p.m.: 24 

### lR 1477;jiledAug**26~** 

### 2004, 11:30a.m.: 28

### IR 47)

-

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