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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.

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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

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10 IDEM STAFF MEMBERS:

11 Daniel Murray, Asst. Commissioner

Susan Bern

12 Manda Clevenger

Ann Long

13 Janet pittman

Betsy Rouse

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15 PUBLIC SPEAKERS:

16 Janet McCabe

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3 CHAIRMAN MINER:

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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. .
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4 yes.

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Dr. Stevens?

DR. STEVENS: Yes.

CHAIRMAN MINER: Dr. Stevens votes

Mr. Bacone?

MR. BACONE: Aye.

CHAIRMAN MINER: Mr. Bacone votes

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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

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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.

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CHAIRMAN MINER: We have a motion for

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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,

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yeah --

MR. MURRAY:

CHAIRMAN MINER:

instead of 21.

-- because 8-21 is

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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?

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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

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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

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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.

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23 CHAIRMAN MINER: Thank you, Manda.
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time?

Is there any questions for Manda at this

(No response.)

CHAIRMAN MINER: Seeing none, once

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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
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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.

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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.

Lindy

.9/~~ L. Meyer, Jr.,

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

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EXHIBIT 4

Drm #07-353

Stage I Vapor Recovery

September 2, 2009

TITLE 326 AIR POLLUTION 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

First Notice ofComment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR326070353FNA).

Continuation ofFirst Notice ofComment Period: September 10, 2008, Indiana Register

(DIN: 2008091O-IR-326070353FCA),

Second Notice ofComment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353SNA).

Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA).

Date ofFirst Hearing: September 2,2009.

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 of autos, cans, coils, paper, metal furniture,

large appliances, and magnet wire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3

(degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed 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 (asphalt paving) shall achieve compliance as

expeditiously as practicable, but not later than indicated in the following compliance schedule:

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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 or process modification awarded or purchase

orders issued by March 31, 1981.

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

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

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

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(b) All sources located in Clark, Floyd, Lake, Marion, and Porter counties wlrich that

were in operation prior to November 1, 1980, and not meeting the requirements of 326 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 (rubber tire manufacturing), and

326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not

later than indicated in the following compliance schedule:

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

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

orders issued by August 31, 1981.

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

(4) Completion 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 either were in

operation prior to December 28, 1979, and are not meeting the requirements of326 lAC 8-2-2

through 326 lAC 8-2-8 (surface coating of autos, cans, coils, paper, metal furniture, large

appliances, and magnet wire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3

(degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed 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 (asphalt paving) or were in operation prior to 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 later than indicated in the

following compliance schedule:

(I) Submittal ofplans and specifications to the board by June 30, 1985.

(2) Contracts for emission control systems or process modification awarded or purchase·

orders issued by August 31,1985.

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

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

(5) Demonstration offinal compliance by December 31, 1986.

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Stage I Vapor Recovery

September 2, 2009

{d] fn= wI=an existing facility demonstrates that eompliancc :is not possible by the

intCiim dates specified in subsection (at, an extension may be granted by the commissioner. '!'he

facility shaH snbmit a tetter of:intent wIrieh 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 constr nction,

ffl Completion of construction.

(41 Aehiedng compliance.

ffl Submit perf'omranee results.

enee the boardlras appro vcd a SOllICe'S compliance plan; the plan shaH be incorporated into the

facilities' pennit and the plan slrall be submitted to the tf;S-; EP1l: as a SIP revision. Failnre to

operate withiu these conditions slrall be considered a violation ofthis rule:-

te7 fn= wI=an existing facility demonstrates that the emission limitation specified

in this m1e:is not attaiJrable 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.

ffl Dates of eqnipment modification pIam:

{Z7 Dates of equipment installation audfor constrnctiOll.

ffl Y~arly emission limitations demonstrating reasorrable furtller progress.

(41 Bate offinat compliance, in no ease tater than December 3t;1:9&7-:

enee the cOlUmissioner Iras appro, ed a source's compliance plan; itslrall be ineorporated into the

facilities' pennit and the plan slrall be submitted to the tf;S-; EP1l: as a SIP re vision. 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 Porter counties

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 not later 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

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Stage I Vapor Recovery

September 2, 2009

not meeting the requirements of 326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve

compliance as expeditiously as practicable but not later than indicated in the following

compliance schedule:

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

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

orders issued by August 31, 1986.

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

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

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

ffl (g) All sources subject to the requirements of 326 lAC 8-4 located in Boone,

Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties which that were

in existence prior to 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 that have 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. (Air Pollution Control Board; 326 JAC 8-1-3;filed Mar 10,1988, 1,'20 p.m.: 11 JR 2528;

errata, 11 JR 2632;filed Aug 11, 1989, 1:40 p.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.

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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 ofthis 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 after fuIy 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 not apply to gasoline dispensing facilities wl:rich have

monthly gasoline throtlghputs ofiessthan tert thousand (10,000) gallons per month

ffl were in existenee prior to fuIy t;t9S9; or

(Z) are located atfarms or pri,ate residences.

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

section 6(c)(I) of this rule and located in:

(1) Clark;

(2) Floyd;

(3) Lake; or

(4) Porter;

county. (Air Pollution Control Board; 326 lAC 8-4-1;jiled Mar 10,1988, 1:20 p.m.: 11 IR

2538;jiledAug 11, 1989, 1:40 p.m.: 13 IR 7;jiledApr 23,1999,2:12 p.m.: 22lR 2855;

readoptedjiled Jan 10, 2001, 3:20 p.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 throughout this section:

(1) "Average monthly volume" means the amount ofmotor fuel dispensed per month

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Dnn #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, if not available, the monthly

average for the most recent twelve (12) calendar months. Monthly averages shall include

only those months when the facility was operating.

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

(3) "Certified" means any vapor collection and control system wlrieh that has been tested

and approved by CARE as having a vapor recovery and removal efficiency of at least

ninety-five percent (95%) by weight.

(4) "Constructed" means fabricated, erected, or installed and refers to any facility,

emission source, or air pollution control equipment.

(5) "Dynamic backpressure test" means a test procedure used to determine the pressure

drop (flow resistance) through vapor collection and control systems, including:

(A) nozzles;

(B) vapor hoses;

(C) swivels;

(D) disp.enser piping; and

(E) underground piping;

at prescribed flow rates. Test procedures for this test can be found in EPA 450/3-91-

022b, "Technical Guidance-Stage II Vapor Recovery Systems for Control ofVehicle

Refueling Emissions at Gasoline Dispensing Facilities"*.

(6) "Employee" means any person who performs work for an employer for compensation.

(7) "Facility" means any:

(A) building;

(B) structure;

(C) installation;

(D) operation; or

(E) combination located on contiguous properties and under common ownership;

that provides for the dispensing ofmotor vehicle fuel.

(8) "Gasoline dispensing facility" means any facility where gasoline is dispenseq into

motor vehicle fuel tanks or portable containers from a storage tank with 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 of gasoline" 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 person who

controls, is controlled by, or is under a common control with a refiner (unless the

sole affiliation referred to in this subdivision is by means of a supply contract or

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September 2, 2009

an agreement or contract to use a trademark, trade name, service mark, or other

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

(D) receives less than fifty percent (50%) annual income from the marketing of

gasoline.

(10) "Liquid blockage test" means a test procedure used to detect low points in any vapor

collection and control system where condensate may accumulate. Test procedures can be

found in EPA 450/3-91-022b, "Technical Guidance-Stage II Vapor Recovery Systems

for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*.

(II) "Modification" means any change, removal, or addition, other than 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) "Motor vehicle fuel" means any petroleum distillate having a Reid vapor pressure of

more than four (4) pounds per square inch and which that is used to power motor

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

(14) "Owner or operator" means any person who:

(A) owns;

(B) leases;

(C) operates;

(D) manages;

(E) supervises; or

(F) controls;

directly or indirectly, a gasoline dispensing facility.

(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 of a gasoline dispensing facility shall allow the transfer of

gasoline between any transport and any storage tank unless such the tank is equipped

with the following:

7
Dnn#07-353

Stage I Vapor 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 of the storage tank if the fill pipe

was installed after November 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 owner of a gasoline dispensing facility are not

present during loading, it shall be the responsibility ofthe owner or the operator ofthe

transport to make certain the vapor balance system is:

(A) connected between the transport and the storage tank; and 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 per month; or

f.?;7 (B) is an independent small business marketer of gasoline who dispenses an

average monthly volume ofless than fifty thousand (50,000) gallons of gasoline

per month.

(c1 (2) No owner or operator of a 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 utili2e a certified vapor collection and control system

wlrich that is properly installed and operated as follows:

ffl (A) No vapor collection and control system shall be installed, used, or

maintained unless the system:

(i) has been certified by CARB; and

(ii) meets the testing requirements specified in subsection

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;

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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, or noncertified 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 of any component required to

be used to certifY the system.

(it) (BB) A vapor hose wIrich that is crimped or flattened such that

the vapor passage is blocked or severely restricted.

6ii7 (eq A nozzle boot wIrich that is torn in either ofthe

following manners:

(aa) A triangular shaped or similar tear one-half(1I2)

inch or more to a side or a hole one-half(112) inch or more

in diameter or 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 clauseW

item (i) will require the immediate shutdown ofthe affected pumps until

proper repairs are made.

(€1(iii) A signed daily log ofthe daily inspection in clauseW 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.

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Dnn#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 instI uctions 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 after the 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 after promulgation in the case of gasoline dispensing

facilities for which construction commenced after the date of enactment ofthe

Clean Air Act Amendments of 1990 (November 15, 1990).

fZ7 (B) One (1) year after promulgation in the case of gasoline dispensing

facilities which that dispense at least one hundred thousand (100,000) gallons of

gasoline per month, based on average monthly sales for the two (2) year period

prior to November 15, 1992.

ffl (C) Two (2) years after promulgation in the case of all 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 ofsubdi vision (1t- clause (A).

f57 (E) New facilities constructed after the promulgation ofthis rule shall comply

with the requirements ofsubscction fe1 subdivision (2) upon startup ofthe

facility.

(61 (F) Existing facilities previously exempted from, but which 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 owner or opcrator ofa gasolinc dispcnsing facility

whieh claims to be cxcmpt from the rcquircmcnts ofthis section shaH submilrccOlds to the

agcncy within thirty f.l97 calendar days from the date ofthe rcqucst which dcmonstrates that the

gasolinc dispcnsing facility isin £ret cxcmpt.

ffl (5) Any gasoline dispensing facility subject to subsection fe1 subdivision (2) shall

retain copies of all records and reports adequate to clearly demonstrate the following:

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

10

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Stage I Vapor Recovery

September 2, 2009

tested to verify its perfonnance according to its specifications.

t21 (B) That proper maintenance has been conducted in accordance with the

manufacturer's specifications and requirements.

ffl (C) The time period and duration of all 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 vapor collection 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 of a vapor collection and control

system, the owner or operator ofthe gasoline dispensing facility shall submit to the

agene, department a registration fonn, which shall be provided by the department of

environmental management, office of air 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 number for the vapor collection and control

system to be utilized.

f41 (D) The number of nozzles, excluding diesel and kerosene, used for motor

vehicle refueling.

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

t6l (F) The date of completion ofinstallation ofthe vapor collection and control

system. Completion ofinstallation includes the successful passing of a vapor

leakage and blockage test. A vapor leakage and blockage test must, at a

minimum, include the following:

W (i) A pressure decay or leak test.

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 of a vapor

collection and control system ofa facility.

(d) Upon request by the department, the owner or operator of a gasoline dispensing

facility that claims to be exempt from the requirements of this section shall submit records

11
Dnn#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 Center North, Tenth Thirteenth Floor, 100 North Senate Avenue,

Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 8-4-6;jiled Mar 10, 1988,

1:20p.m..: II IR 2540;jiledAug l1, 1989, 1:40 p.m.: 13 IR 8;jiledNov 30,1990,4:20 p.m.: 14

IR 605;jiled Oct 28, 1993,5:00 p.m.: 17IR 332;jiled Sep 18,1995, 3:00p.m.: 19lR 203;

erratajiled Dec ll, 1995, 3:00 p.m.: 19lR 674;jiledJuI30, 1996, 2:00p.m.: 19lR 3349;

erratajiledFeb 18, 1997, 4:00p.m.: 20IR 1738; readoptedjiled Jan 10. 2001, 3:20 p.m.: 24IR

1477;jiledAug 26,2004,11:30 a.m.: 28IR 47)

12

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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 the
34

-"''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

trucks. Volatile organic compbund emissions are

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.

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16

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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?

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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.

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,...::R?"""!:-"'=o. 12

~>

14 t '~

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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

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2

3

4

5

6 yes.

7

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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.

Ll.ndy

~i!~, L. Meyer, Jr. i

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

16

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20 -

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EXHIBIT2-A

pre #07-353

SmgeIVaporReeovery

November 4, 2009

Bold, str ikeout 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 at preliminary adoption that is being

reinserted

[one change since preliminary adoption on page 12]

TITLE 326 AIR POLLUTION 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 after filing

with the Publisher.

mSTORY

. First Notice ofComment Period: June27, 2007, Indiana Register (DIN:20070627-IR326070353FNA).

Continuation ofFirst Notice ofComment Period: September 10,2008, Indiana Register

(D~:20080910-IR-326070353FCA).

< Second Notice ofComment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353SNA).

Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA).

Date ofFirst Hearing: September 2,2009.

Proposed Rule: September 23, 2009, Indiana Register (DlN: 20090923...IR326070353PRA).

Notice ofSecond Hearing: September 23, 2009, Indiana Register (DIN: 20090923-IR326070353PHA).

Date ofSecond Hearing: November 4, 2009.

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

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

326 lAC 8-1-3 Compliance schedules

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

Pagel of 12
prc #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 December 28, 1979, and not meeting the requirements of 326

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) (fixed rooftanks), 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 (asphalt paving) 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 December 31, 1980.

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

orders issued by March 31, 1981.

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

(4) Completion 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 Porter counties whieh that

. were in operation prior to 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

rooftanks), 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 (rubber tiremanufacturing), and

'326:,IAC·8-5-5 (graphic arts)shall achieve compliance 'as expeditiously as practicable,.but not

later than indicated inthe following compliance schedule:

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

(2) Contracts for emission control system or process modificationawarded or purchase

orders issued by August 31, 1981.

(3) Initiation of on-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 S1. Joseph counties which that either were in

operation prior to December 28, 1979, and are not meeting the requirements of 326 lAC 8-2-2

through 326 lAC 8-2-8 (surface coating of autos, cans, coils, paper, metal furniture, large

appliances, and magnet wire), 326 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 (asphalt paving) or were in operation prior to November

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

326 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 (synthesized pharmaceutical

Page 2 of 12

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pre #07-353

Stage I Vapor Recovery

November 4, 2009

manufacturing), 326 lAC 8-5-4 (rubber tire manufacturing), and 326 lAC 8-5-5 (graphic arts)

shall achieve compliance as expeditiously as practicable, but not later than indicated in the

following compliance schedule:

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

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

orders issued by August 31, 1985.

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

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

(5) Demonstration offinal compliance by December 31, 1986.

td} fIt cares where an existing facility demonstrates that compliance is not possible by the

interimdatys- specified in subsection tar. an extension may be 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 later than December 3-i; t98Z; aitd shaH include a schedule ofdates for

the fullowil.tg.

ffl Submittal ofplans:

ffl Start conshnction.

<(37 Completion ofconstrnction.

·"~~4) Achie viItg compliance.

ffl Submit performance results~

ence·the board has appro ved a sotllce's compliance plan; the pian malt be incorporated into the

facilitie&'~pennitand the plan shalt be submitted to theB:&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 that the emission limitation specified

in tim rule is not attainable considering economic and tcclmological feasibility, and no offset is'

a" ailable to satisfy 326Me 2'=4; the source may petition the boa¢ to recei\'e an exteri:sion

beyond the dates specified in subsections Wthrough (c7: %e pctitionshaH include the

foHowirtg.

ffl Bates of equipment modification plans:

ffl Bates of cquipment installation and/or constrnction.

ffl Yearly cmission limitations demonstrating rcasonablc further progress.

(4J Bate offinal compliance, in no ease tater than Deccmber 3+; t987-:

ence the connnissioner has appro~ed a sou~ce's compliance plan; itshaH be irlcorporated into the

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 violation ofthisru1e;

ffl (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties

with a monthly throughput oftwenty thousand (20,000) gallons per month or greater and not

meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shalLachieve

compliance as expeditiously as practical, but not later than inthe compliance schedule listing in

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subsection (a) for those sources in operation prior to January 1, 1980.

tg] (e) All sources located in Elkhart and S1. 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 (f) All sources located in Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, and

S1. Joseph counties wlriclr that were in operation prior to January 1, 1980, and have a monthly

throughput between ten thousand (l0,000) and twenty thousand (20,000) gallons per month and

not meeting the requirements of326 lAC 8-4-6 (gasoline dispensing facilities) shall achieve

compliance as expeditiously as practicable but not later than indicated iIi the following

compliance schedule:

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

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

orders issued by August 31, 1986.

(3) Initiation 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 subject to the requirements of326 lAC 8-4 located inBoone,

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

in existence prior to 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 compliance schedules in

subsection (d), (e), (1), or (g) shall compiy with 326 lAC 8-4-6 not later than January 10,

2011. (Air Pollution Control Board;326lAC 8-1-3;flied Mar 10, 1988,1:20 p.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.

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(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.after May t;t999; section 6W tlnough 6{e}. and 6(hJ ofthis nne applies to

somces,mthe type 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 :fttly t; 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 shalt not apply to- gasoline dispensing facilities which ltave

rnoutlrly gasoline tlnonghputs oftess than ten thousand (10,000) gallol1s per month amt.-

ffl were in existence prim' to :lttly.f;: t9E9; or

(Z7 are located at farms or I'dvate 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. (Air Pollution Control Board; 326lAC 8-4-1;jiled Mar 10, 1988, 1:20p.m.: 11 IR

2538~'jiledAug 11, 1989, 1:40p.m.: 13lR 7;jiledApr 23, 1999, 2:12 p.m.: 22lR 2855;

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Stage I Vapor Recovery

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readoptedfiled Jan 10,2001,3:20 p.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 dispensed per month

from a gasoline dispensing facility based upon a monthly average for a two (2) year

period from November 1990 through October 1992, or, 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) "CARB" means the California Air Resources Board.

(3) "Certified" means any vapor collection and control system whicltthat has been tested

and approved by CARE as having a vapor recovery and removal efficiency of at least

ninety--five percent(95%) by weight.

(4) "Constmcted~'means fabricated, erected; orinstalled and refersto any facility,

emission source, or air pollution control equipment.

.' (5) "Dynamic backpressure, test" means a testprocedure used to detenninethe pressure

drop (flow resistance) through vapor collection'and. control systems,including: .

(A) nozzles;

(B).vaporhoses;

(C) swivels;

CD) dispenser piping; and

(E) underground piping;

at prescribed flow rates. Test procedures for this test can be found in EPA 450/3-91-

022b, t1Technical Guidance..--Stage II Vapor Recovery 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;

that provides for the dispensing ofmotor vehicle fuel. ,

(8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into

motor vehicle fuel tanks or portable containers from a storage tank with a capacity oftwO'

thousand on.-e hundred se venty-six (2,176) nine hundred forty-six (946) liters ffive

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hundred seventy-five f5757 (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 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 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

an agreement or contract to use a trademark, trade name, service mark, or other

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

(D) receives less than fifty percent (50%) annual income from the marketing of

gasoline.

(10) "Liquid blockage test" means a test procedure used to detect low points in any vapor

·.colle9tion and control system where condensate may accumulate. Test procedures can be

"";''1foUIld in EPA 450/3-91-022b, "Technical Guidance-Stage IT Vapor RecoverySystems

f~r Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*.

"'~'}jk,ll) "Modification" means any change, removal,or addition, other than a certified

replacement ofany component contained within the vapor collection system and control

,:;sy~tem.

··.. ,~(12J"Motor vehicle" means any self-propelled vehicle powered by anintemal

combustion engine, including, but not limited to, the following:

(A) Automobiles.

(B) Trucks.

(C) Motorcycles.

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

more than four (4) pounds per square inch and which that is used to power motor

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

(14) "Owner or operator" means any person who:

(A) owns;

(B) leases;

(e) operates;

(D) manages;

(E) supervises; or

(F) controls;

directly or indirectly, a gasoline dispensing facility.

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

tightness of a vapor collection and control system installed at gasoline dispensing

facilities. Test procedures can be found in EPA 450/3-91-022b, "Technical

Guidance-Stage II Vapor Recovery Systems for Control ofVehicle Refueling Emissions

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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 fonows:

fb1 (1) No owner or operator 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 tank ifthe fIll pipe

was installed after November 9, 2006.

(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 (C) A vapor balance system connected between 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 or the operator ofthe

transport to make certain the vapor balance 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 (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 per month; or

{ZJ (B) is an independent small business marketer ofgasoline who dispenses an

average monthly volume ofless than fifty thousand (50,000) gallons of gasoline

.. per month.

te7 (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

operations are equipped with and utilize acertified vapor collection and control system

whieh that is properly installed and operated as follows:

ffl (A) No vapor collection and control system shall be installed, used, or

maintained unless the system:

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(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 of a vapor collection and control system shall

be:

(i) modified;

(ii) removed;

(iii) replaced; or

(iv) otherwise rendered inoperative;

< in a~annerwhiclt that prevents 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, or noncertified 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 or disconnection ofany component required to

be used to certifY the system.

6i7 (BB) A vapor hose which that is crimped or flattened such that

the vapor passage is blocked or severely restricted.

{iii] (CC) A nozzle boot which thatis tom in either ofthe

following manners:

(tdr)- (aa) A triangular shaped or similar tear one-half(112)

inch or more to a side or a hole one-half(112) inch or more

in diameter or length.

tBB1 (bb) Slit one (1) inch or more in. length.

(ivJ (DD) A faceplate or flexible cone which that is damaged in

the following manner:

(tdr)- (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).

(BB}- (bb) For nozzles for vacuum assist type systems that

use a flexible cone, having more than one-fourth (1/4) of

the flexible cone missing.

M (EE) A nozzle shutoffmechanism which that malfunctions in

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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

proper repairs are made.

te7 (iii) A signed daily log ofthe daily inspection in clauseW 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 that repeated attempts to continue

dispensing motor vehicle fuel after the system has indicated that

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

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

demonstrate compliance according to the following schedule:

ffl (A) Six (6) months after promulgation in the case ofgasoline dispensing

facUities for which construction commenced after the date of enactment ofthe

Clean Air Act 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 per month, based on average monthly sales for the two (2) year period

prior to November 15, 1992.

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

dispensing facilities..

t41 (D) Any gasoline dispensing facility described in both subdivisions ffl and {ZJ

. clauses (A) and (B) shall meet the requirements ofsubdi vision 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 that become

.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

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subscction tel subdivision (2) at any time shall remain subject to the provisions of .

subsection tel subdivision (2) at all times.

fhJ Bpon request by the agency, the 'OWllCr or operator ofa gasoline dispensing facility

which claims to- be exempt from the re.quircmcnts ofthis section shaH: submit records to the

agency within thirty (36} calendar days from the date ofthe requcst which dcrnonstrates that the

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 vapor collection

.and control system.

f47 (I) The motor vehicle fuel throughput ofthe facility for each calendar month

ofthe previous year.

. ;. ,j~. t57 (E) That operators and employees are trained and instructed in the proper

,,,t,;;::~ operation and maintenance ofthe vapor collection and control system.

•• ..@(6) All records and reports required in snbscetion ffl subdivision (5) shall be made

.'''\{iiavailable to the agcncy department upon request. All records shall be retained for a

";period oftwo (2) years.

: :i.;'f(k} (7) Within forty-five (45) days after the installation of a vapor collection and control

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

.agency department a registration fonn, which shall be provided by the department of

environmental management, office of air nlallagernent, wlrich quality, that provides, at a

minimum, the following:

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

(ZJ (B) The signature ofthe owner or operator.

ffl (C) The CARR executive order number 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 of completion ofinstallation ofthe vapor collection and control

system. Completion ofinstallation includes the successful passing of a 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.

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The results ofthese tests must be 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 successfully pass the test, at least every five (5) years or upon maJor

system replacement or modification. A major system modification is considered to be

replacing, repairing, or upgrading seventy-five percent (75%) or more ofa vapor

collection and control system of a facility.

(d) Upon request by the department, the owner or operator of a gasoline dispensing

facility that claims to be exempt from the requirements ofthis section shall submit records

to the agency within thirty (30) calendar days from the date ofthe request that

demonstrate thatthe 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 ofAir Ouality; .~

.Coumef:, Indiana Govemm.entCenter North~ Tenth Thb teenth Floor, 100 North Senate Avenue,

Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 8-4-6;fileli Mar.]0, 1988,

1:20p~m.;·11 IR254();filedAug11~ 1989, 1:40p.m.:131R 8; filed Nov 30, 1990, 4:20p.m.: 14

IR 605;filedOct28~1993,.5:00:p.m.:17 IR332;filed Sep18, 1995, 3:00p;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;jiledAug 26, 2004, 11:30 a.m.: 28IR 47)

Page 12of 12
EXHIBIT 2-B

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Stage I Vapor Recovery

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TITLE 326 AIR POLLUTION CONTROL BOARD

PROPOSED RULE AS PRELIMINARILY ADOPTED

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 ofFirst Notice ofComment Period: September 10, 2008, Indiana Register

(DIN: ,2008091O-IR-326070353FCA). .

)Second Notice ofComment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR32607fi363SNA).

Notice ofFirst Hearing: June 3, 2009, Indiana Register (DIN: 20090603-IR326070353PHA).

Date ofFirst Hearing: September 2, 2009.

Proposed Rule: September 23, 2009, Indiana Register (DIN: 20090923-IR326070353PRA).

Notice ofSecond Hearing: September 23,2009, Indiana Register (DIN: 20090923-IR326070353PHA).

Date ofSecond Hearing: November 4, 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 operation prior to December 28, 1979, and not meeting the requirements of 326

lAC 8-2-2 through. 326 lAC 8-2-8 (surface coating of autos, cans, coils, paper, metal furniture,

large appliances, and magnet wire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3

(degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed rooftanks), 326

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

(gasoline transport), and 326 lAC 8-5-2 (asphalt paving) shall achieve compliance as

expeditiously as practicable, but not later than indicated in the following compliance schedule:

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

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

orders issued by March 31, 1981.

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

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

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

(b) All sources located in Clark, Floyd, Lake, Marion, and Porter counties which that

were in operation prior to November 1, 1980, and not meeting the requirements of326 IAC 8-2-

9 (miscellaneous metal coating), 326 lAC 8-2-10 (flat wood 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

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

326 lAC 8-5-5 (graphic arts) shall achieve compliance as expeditiously as practicable, but not

later than indicated in the following compliance schedule:

'(l) Submittal ofplans and specifications tOfhe board by June 30, 1981.

(2) Contracts for emission control system or-process modification awarded or purchase

orders issued byAugust 31, 1981.

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

(4)Completion ofon-site construction orinstallations by October 31,1982.

(5) Demonstration offinal compliance byDecember 31, 1982.

(c) All sources located in Elkhart and S1. Joseph counties which that either were 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 of autos, cans, coils, paper, metal furniture, large

, appliances, and magnet wire), 326 lAC 8-2-11 (fabric and vinyl coating), 326 lAC 8-3

(degreasing), 326 lAC 8-4-2 (petroleum refineries), 326 lAC 8-4-3(b) (fixed 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) or were in operation prior to 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 IAC 8-4-8

(refinery leaks), 326 lAC 8-4-9 (truck leaks), 326 lAC 8-5-3 (synthesized pharmaceutical

manufacturing), 326 IAC 8-5-4 (rubber tire manufacturing), and 326 IAC 8-5-5 (graphic arts)

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, 1985.

(2) Contracts for emission control systems or process modification awarded ~r purchase

orders issued by August 31, 1985.

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

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

(5) Demonstration offinal compliance by December 31,1986.

Win eases- where an existing facility demonstrates that compliance is not possible by the

interim dates specified in subsection tar. an extension may be granted by the cormnissioIl~.The

facility mtaH submit a tetter ofintent which: sho W05 compliance with this rnle as, expeditionsly as

possible, but in no event tater than December 3i; i98Z; and shaH inclnde a schedule ofdates for

the fOlIo wing.

ffl Submittal ofplans-:

ffl Start constrnetion.

ffl ,Ootupletiorl ofconstruction.

(47lrchicl'ing compliance.

{5J Submit perfOrmance results.

6nee the board has approl' ed a source's compliance platt; the plan shaH be incorporated intO' the

facilities' permit and the plan shaH be.submitted to the tr.S:-EP* as a SiP revision. Failme to

operate within these conditions 'ShaH be considered a violation ofthis rttle:'

in where an existing facility demonstrates that the emission lirnitation specified

inthis,tlfJp is not attainableconsiderillg economic and technological feasibility, and 1lO,O'ffset is

available to satisfy 3Z6MeZ=4; theSOUICC may petition the board to receive an extension

beyo~thedates specified in subsections W tlnough ter. The petition shaH include the

, follow:in.g.

,.,(17 Bates of equipment modification plans;

ffl Dates of equipment installation audlor constrnction.

ffl Yearly emission limitations demonstrating reasonable fnrther progress.

(47 Bate offinal compliance, in no ease later than December 3-t; t987:-

ence the cotnrtlissioner has appro"" ed a source's compliarlee plan; itshaH be incorporated into- the

facilities' peuuitand the plan shaH be su.bmitted to the B:S-: EP:t\: as a SfP revision. Failure to

operate ow ithin these conditions shaH be considered a violation ofthisrule:'

ffl (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter ccmnties

with a monthly throughput oftwenty thousand (20,000) gallons per month 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 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).

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(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 per month and

not meeting 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 ofpHms and specifications to the board by June 30, 1986.

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

orders issued by August 31, 1986.

(3) Initiation 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.

ti7 (g) All sources subject to the requirements of 326 lAC 8-4 located inBoone,

Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, and Shelby counties which that were

inexistence prior to July 1, 1989, shall achieve compliance not later than July 1, 1990.

- --.'-(h) Allsources stateWide with a monthly gasoUnethroughput oftenthousand

- -(10;(JOOlgallons- permonth<mgreaterthat have not met-the compliance schedules in

subsection-Cd), (e), (f), or {g)sliallcomply with 326IAG8-4-6-not later than January 10,

2011. (AirPollution ControlBoard; 326lAC 8-1-3;filedMar 10,1988,1:20p.m.: 11 IR 2528;

errata, l11R 2632; filed Aug 11, 1989, 1:40 p.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 described in 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

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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 after May 1;1999;section 6taJ through 6{e7and 6{h1 oftlrisrnI:e applies to

sources ofthe type described in sectiou6 ofthisrule; 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 unlessmelt facility 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 per month and:-

.f11were in existence prior to 'fu1y +; t989; or

ffl are located at fanns or private residences.

(e) Section 6(c) ofthis rule applies to gasoline dispensing facilities as described in

section 6(c)(1) of this rule and located in:

(1) Clark;

(2) Floyd;

(3) Lake; or

(4) Porter;

county. (Air Pollution ControlBoard; 326lAC 8-4-1; filed Mar 10, 1988, 1:20p.m.: lllR

2538;filedAug Ii, 1989, 1:40p.m.: 13 lR 7;fiiedApr 23, 1999,2:12p.m.: 22 lR 2855;

readoptedfiled Jan 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

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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 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) "CARB" means the California Air Resources Board.

(3) "Certified" means any vapor collection and control system whieh that has been tested

and approved by CARB as having a vapor recovery and removal efficiency of at least

ninety-five percent (95%) by weight.

(4) "Constructed" means fabricated, erected, or installed and refers to any facility,

emission source, or air pollution control equipment.

(5) "Dynamic backpressure test" means a test procedure used to determine the pressure

drop (flow resistance) through vapor collection and control systems, including:

(A) nozzles;

(B) vapor hoses;

(e) swivels;

(D) dispenserpiping;. and

.' (E) underground piping;

at prescribed flow rates. Test procedures 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 fot 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 dispensed into

motor vehicle fuel tanks or portable containers from a storage tank with a capacity oftwo

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 of gasoline" 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

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controls, is controlled by, or is under a common control with a refiner (unless the

sole affiliation referred to in this subdivision is by means of a supply contract or

an agreement or contract to use a trademark, trade name, servicemark, or other

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

(D) receives less than fifty percent (50%) annual income from the marketing of

gasoline.

(10) "Liquid blockage test" means a test procedure used to detect low points in any vapor

collection and control system where condensate may accumulate. Test procedures can be

found in EPA 450/3-91-022b, "Technical Guidance-Stage II Vapor Recovery Systems

for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities"*.

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

replacement of any component contained within the vapor collection system and control

system.

(12) "Motor vehicle" means any self-propelled vehicle powered by an internal

combustion engine, including, but not limited to, the following:

(A) Automobiles.

(B) Trucks.

(C) Motorcycles.

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

,i<IDore than four (4) pounds per square inch and which that is used to power motor

,vehicles. Diesel fuel and kerosene are not considered to be motor vehicle fuels. . ~.~ :. -.,-.ot,'" -, .

-{14) "Owner or operator" means any person 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 of a vaporcoUection 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 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 of a gasoline dispensing facility shall allow the transfer of

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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 if the 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 vapor balance 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 or the operator ofthe

transportto make certain the vapor balance 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 Wsubdivision (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 per month; or

t27 (B) is an independent small business marketer ofgasoline who dispenses an

average monthly volume ofless than fifty thousand (50,OOO) gallons of gasoline

per month.

W (2) No owner or operator of a 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 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 certified by 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 {Cl No elements or components of a vapor collection and control system shall

be:

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(i) modified;

(ii) removed;

(iii) replaced; or

(iv) otherwise rendered inoperative;

in a manner whi: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, or noncertified components. The following

.requirements apply to a vapor collection and control system:

W (i) All parts ofthe system whieh that can be visually inspected must

,~, be checked daily by the operator ofthe facility for the following

~; malfunctions:

, i'i' ti7 (AA).Absence or disconnection of any component required to

be used to certify the system.

M tii7 (BB) A vapor hose whiclt that is crimped or flattened such that

the vapor passage is blocked or severely restricted.

tiii1 (CC) A nozzle boot whieh that is torn in either ofthe

following manners:

(tdt7 (aa) A triangular shaped or similar tear one-half(l/2)

. ' .) inch or more to a side or a hole one-half(1I2) inch or more

f,.,••~, in diameter or length.

,(BB1 (bb) Slit Olle (1) inch or more in length.

Y':;11'i 6v7 (DD) A faceplate or flexible cone which that is damaged in

the following manner:

", '.' , (tdt7(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).

(BB] (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 which thatmalfunctions in

any manner.

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

tB7 (ii) Any defect in the system whieh that is discovered in clause W

item (i) will require the immediate shutdown ofthe affected pumps until

proper repairs 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~

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shall be trained and instructed annually in the proper operation and

maintenance of a 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 instr nctions 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 motor vehicle fuel after the system has 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 after promulgation in the case ofgasoline dispensing

facilities for which construction commenced after the date of enactment ofthe

Clean Air Act Amendments of 1990 (November 15, 1990).

(Z7 (B) One (1) year after promulgation in the case ofgasoline dispensing

facilities whicltthatdispense at leastone' hundred thousand (l()O,OOO)gallon~of

gasoline per month, based on average monthly sales for the two (2) year period

prior to November 15, 1992.

ffl(C)Two (2)years' after promulgation in the case of all other gasoline

dispensing facilities.

ffl (il) Any gasoline dispensing facility described in both subdtvisions ffl and (Z7

Clauses (A) and (B) shall meet therequirements ofsubdi vision 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 .that become

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 that becomes 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 request by the agency, the 0 \"V ncr 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 that the

gasoline dispensing faeility is in fact cxempt.

ffl (5) Any gasoline dispensing facility subject to sttbsection tel subdivision (2) shall

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retain copies of all records and reports adequate to clearly demonstrate the following:

ffl (A) That a certified vapor collection and control system has been installed and

tested to verifY its performance according to its specifications.

{Z} (B) That proper maintenance has been conducted in accordance with the

manufacturer's specifications and requirements.

ffl (C) The time period and duration of all malfunctions ofthe vapor collection

and control system.

(47 (D) The motor vehicle fuel throughput ofthe facility for each calendar month

ofthe previous year.

ffl (E) That operators and employees are trained and instructed in the proper

H:" operation and maintenance ofthe vapor collection and control system.

ffl (§) All records and reports required in subsection ffl subdivisIon (5) shall be made

av~ii.ableto the agency department upon request. All records shall be retained for a

period oftwo (2) years.

(k}-(7) Within forty-five (45) days after the installation of a 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 provided by the department of

''i~}fvironmentalmanagement, office of air 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 order number 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 of completion ofinstallation ofthe vapor collection and control

system. Completion ofinstallation includes the successful passing of a 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 must be 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

system replacement or modification. A majorsystem modification is considered to be

replacing, repairing, or upgrading seventy-five percent (75%) or more ofa vapor

collection and control system ofa facility.

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(d) Upon request by the department, the owner or operator of a gasoline dispensing

facility that claims to be exempt from the requirements of this section shall submit records

to the agency Within thirty (30) calendar days from the date ofthe request that

demonstrate that the gasoline dispensing facility is iIi. fact exempt.

*This document is incorporated by reference.- Copies are available for review and

copying at the Indiana Department ofEnvironmental Management, Office ofAir Qn!1lity, Legal

Counsel, Indiana Government Center North, Tenth Thirteenth Floor, 100 North Senate Avenue,

Indianapolis, Indiana 462Q4. (Air Pollution ControlBoard; 326 lAC 8-4-6;filed Mar 10, 1988,

1:20p,1ri.: 11 lR 2540;jiledAug 11, 1989, 1:40p.m.: 13 lR 8; filed Nov 30,1990,4:20 p.m.: 14

lR 605;jiled Oct 28, 1993, 5:00p:m.;'17 IR332;filed Sep 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, 11:30 a.m.: 28 IR 47) -

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