TITLE 326 AIR POLLUTION CONTROL BOARD
SECOND NOTICE OF COMMENT PERIOD
LSA Document #07-353
DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING STAGE I VAPOR RECOVERY MEASURES FOR GASOLINE DISPENSING FACILITIES
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules
326 IAC 8-1-3 and
326 IAC 8-4 concerning stage I vapor recovery measures for gasoline dispensing facilities in Indiana. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
A First Notice of Comment Period for the stage I vapor recovery rule published in the Indiana Register on June 27, 2007 (DIN:
20070627-IR-326070353FNA) and a Continuation of First Notice of Comment Period published in the Indiana Register on September 10, 2008 (DIN:
20080910-IR-326070353FCA). This Second Notice of Comment Period contains IDEM's draft rule language for amendments to rules concerning stage I vapor recovery measures for gasoline dispensing facilities. IDEM also proposes to clarify
326 IAC 8-4-6 to distinguish stage I vapor recovery requirements from stage II vapor recovery requirements and to correct internal references in the stage II vapor recovery requirements. No changes are being made to stage II vapor recovery requirements.
Stage I vapor recovery refers to the collection of gasoline vapors displaced from underground storage tanks when filled by delivery trucks. Volatile organic compound (VOC) 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 VOCs are released into the air for every 1,000 gallons of gasoline that is dispensed.
Stage I vapor recovery requirements currently apply to the following:
(1) Gasoline storage tanks at gasoline dispensing facilities located in Boone, Dearborn, Hamilton, Hancock, Harrison, Johnson, Morgan, Shelby, Clark, Elkhart, Floyd, Hendricks, Lake, Marion, Porter, St. Joseph, and Vanderburgh counties.
(2) Any gasoline storage tank installed after July 1, 1989, at a gasoline dispensing facility. Stage I vapor recovery requirements currently do not apply to gasoline dispensing facilities that have monthly gasoline throughputs of less than 10,000 gallons per month and that were in existence prior to July 1, 1989. Stage I vapor recovery requirements also currently do not apply to gasoline dispensing facilities that have monthly gasoline throughputs of less than 10,000 gallons per month and that are located at farms or private residences.
Stage I vapor recovery requirements are implemented under
326 IAC 8-4-6. These requirements include:
(1) the use of a submerged fill pipe to minimize the creation of vapors; and
(2) the connection of a vapor balance system between the tank and transport that allows gasoline vapors from the underground storage tank to be displaced back to the tank truck during loading.
IDEM estimates that rules requiring submerged loading and vapor balancing will achieve a 90% reduction in VOC emissions versus uncontrolled underground storage tank loading. Nearly all gasoline dispensing facilities in Indiana with monthly gasoline throughputs of 10,000 gallons per month or greater already meet the current stage I vapor recovery requirements.
In this rulemaking, Indiana is proposing to amend the following:
(1)
326 IAC 8-4-1, applicability, to remove the applicability date of July 1, 1989, so that stage I vapor recovery controls would be required at all gasoline dispensing facilities statewide. Under the proposed rule, stage I vapor recovery requirements will not apply to gasoline dispensing facilities that have monthly gasoline throughputs of less than 10,000 gallons per month.
(2)
326 IAC 8-1-3, compliance schedules, to clarify the compliance schedule for stage I vapor recovery controls for gasoline storage tanks at gasoline dispensing facilities that have a monthly gasoline throughput of 10,000 gallons per month or greater and that were in existence prior to July 1, 1989.
(3) The definition of a "gasoline dispensing facility" in
326 IAC 8-4-6(a)(8) to decrease the minimum capacity of a storage tank to 250 gallons from the current minimum capacity of 575 gallons. This will provide consistency with the January 10, 2008, area source NESHAP for Source Categories: Gasoline Dispensing Facilities, 73 FR 1916, to which these sources are subject.
(4)
326 IAC 8-4-6(b)(1) to include specific standards for the installation of a submerged fill pipe (12 inches from the bottom of the gasoline storage tank if the fill pipe was installed on or before November 9, 2006, or six inches from the bottom of the gasoline storage tank if the fill pipe was installed after November 9, 2006) to comply with the January 10, 2008, area source NESHAP for Source Categories: Gasoline Dispensing Facilities, to which these sources are subject.
(5) Clarify the language in
326 IAC 8-4-6 to provide for better comprehension.
Requiring stage I vapor recovery at any gasoline storage tank at a gasoline dispensing facility within Indiana will contribute to regional control of VOC that will assist many counties in reaching and maintaining attainment for the eight-hour ozone standard while balancing the regulatory requirements across the state. IDEM is specifically requesting comments on the draft rule language that decreases the minimum capacity of a storage tank to 250 gallons from the current minimum capacity of 575 gallons and adds specific standards for the installation of a submerged fill pipe to comply with the January 10, 2008, area source NESHAP for Source Categories: Gasoline Dispensing Facilities. Upon completion of the rulemaking, this rule will be submitted to the U.S. EPA for approval as a revision to the state implementation plan.
IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law
The following elements of the draft rule impose either a restriction or a requirement on persons to whom the draft rule applies that is "not imposed under federal law" (NIFL element).
The following information is provided with each NIFL element:
(1) The environmental circumstance or hazard dictating the imposition of the NIFL element in order to protect human health and the environment in Indiana and examples in which federal law is inadequate to provide this protection for Indiana.
(2) The estimated fiscal impact and expected benefits of the NIFL element, based on the extent to which the NIFL element exceeds the requirements of federal law.
(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL element including, if applicable: health criteria, analytical methods, treatment technology, economic impact data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and other background data.
NIFL Element A: Amend
326 IAC 8-4-1 to remove the applicability date of July 1, 1989, to require stage I vapor recovery controls at all gasoline dispensing facilities statewide with a monthly gasoline throughput of 10,000 gallons per month or greater.
(1) Stage I vapor recovery is currently required statewide at all gasoline dispensing facilities with a gasoline throughput of 10,000 gallons per month or greater and that have been installed after July 1, 1989. Nearly all gasoline dispensing facilities in Indiana with monthly gasoline throughputs of 10,000 gallons per month or greater already meet the current stage I vapor recovery requirements. In order for IDEM to accurately document and receive credit for VOC reductions from all facilities using stage I vapor recovery, the draft rule proposes to amend
326 IAC 8-4-1 to extend applicability to all gasoline dispensing facilities in Indiana with monthly gasoline throughputs of 10,000 gallons or greater.
(2) IDEM expects no to minimal fiscal impact as a result of implementing this draft rule. IDEM is unaware of any gasoline dispensing facilities installed on or before July 1, 1989, that do not already meet the stage I vapor recovery requirements.
(3) In the development of this draft rule, IDEM considered background information on VOC reduction measures from gasoline dispensing facilities, contained in the Midwest Regional Planning Organization's "Interim White Paper - Midwest RPO Candidate Control Measures". This document is available online at:
http://www.ladco.org/reports/control/white_papers/gasoline_dispensing_facilities_stage_i_and_stage_ii.pdf
The proposed amendments to the stage I vapor recovery rule will update the rule to reflect the actuality that stage I vapor recovery systems are already currently in extensive use at gasoline dispensing facilities throughout the state.
The proposed amendment to decrease the minimum tank capacity in
326 IAC 8-4-6(a)(8) and the proposed amendment to include specific standards for the installation of a submerged fill pipe in
326 IAC 8-4-6(b)(1) are federal requirements under the January 10, 2008, area source NESHAP for Source Categories: Gasoline Dispensing Facilities, 73 FR 1916, so there is no additional fiscal impact for these amendments in this rulemaking.
IDEM anticipates minimal fiscal impact to otherwise result from implementation of the rule. IDEM is unaware of any gasoline dispensing facilities with a gasoline throughput of 10,000 gallons per month or greater that do not already meet the stage I vapor recovery requirements. IDEM invites comments on the potential fiscal impact of this rulemaking or the extent to which the rule requirements are already voluntarily complied with statewide.
Small Business Assistance Information
IDEM established a compliance and technical assistance (CTAP) program under
IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with
IC 13-28-3 and
IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on the CTAP program, the monthly CTAP newsletter, and other resources available can be found at:
http://www.in.gov/idem/4108.htm
Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Alison Surface, Senior Environmental Manager
IDEM Compliance and Technical Assistance Program - OPPTA
MC 60-04 IGCS W041
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 232-8172 or (800) 988-7901
ctap@idem.in.gov
The Small Business Assistance Program Ombudsman is:
Brad Baughn
IDEM Small Business Assistance Program Ombudsman
MC 50-01 IGCN 1307
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 234-3386
bbaughn@idem.in.gov
Public Participation and Workgroup Information
No workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Manda Clevenger, Rules Development Branch, Office of Legal Counsel at (317) 232-8229 or (800) 451-6021 (in Indiana).
SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD
IDEM requested public comment from June 27, 2007, through July 27, 2007, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received comments from the following parties by the comment period deadline:
Indiana Petroleum Council (IPC)
Indiana Petroleum Marketers and Convenience Store Association (IPCA)
Following is a summary of the comments received and IDEM's responses thereto:
Comment: Most gas stations with monthly gasoline throughputs of 10,000 gallons or more already have stage I controls. (IPC)
Response: IDEM agrees with this statement. IDEM is unaware of any gasoline dispensing facility in Indiana with a gasoline throughput of greater than 10,000 gallons per month that is not already utilizing stage I vapor recovery. The proposed amendments will update the rule to reflect the actuality that stage I vapor recovery systems are already currently in extensive use at gasoline dispensing facilities throughout the state.
Comment: We support IDEM getting credit for stage I controls installed at stations prior to July 1, 1989. We generally support ozone control measures that are necessary and cost-effective. However, we believe that ozone control measures should be based on existing air quality standards and not on potential new future air quality standards. (IPC)
Response: IDEM understands the commentor's position. Because ozone is a regional pollutant, this rulemaking is an ozone reducing measure that benefits both local and down-wind sources not only in Indiana but also regionally. While all monitored portions of Indiana have attained the current ozone standard, there are areas that have just achieved compliance with the new ozone standard and local government and businesses are concerned about exceeding it. This rule is a cost-effective way to provide additional VOC reductions.
Comment: The benefits of VOC reductions in meeting the ozone standard are area-specific and need not necessarily be applied statewide. (IPC)
Comment: Requiring facilities with monthly gasoline throughputs of 10,000 gallons or more and in existence prior to July 1, 1989, to meet stage I vapor recovery requirements will largely impact facilities in rural areas which are neither nonattainment nor contributing to ozone formation in nonattainment areas. (IPCA)
Response: Ozone is both a local and a regional pollutant that forms in the presence of sunlight from VOCs and nitrogen oxides most often in the summer in a complex chemical reaction. Reducing VOC emissions reduces one of the precursors necessary for ozone formation. Because ozone is a regional pollutant, reducing its formation in areas that are attainment for the ozone standard provides a margin of benefit in meeting the ozone standard not only locally but more importantly downwind.
Comment: We do not believe that it is necessary to amend
326 IAC 8-4-1. The existing stage I vapor recovery program has successfully achieved a 90 percent reduction in VOC emissions, according to IDEM's estimates, and any additional changes can only provide extremely marginal further reductions in VOC emissions. (IPCA)
Response: IDEM agrees that the existing stage I vapor recovery program has been successful in reducing VOC emissions from storage tanks. However, there are areas within Indiana and the Midwest that do not currently meet the new ozone standard. IDEM believes that requiring stage I vapor recovery systems on all tanks in the state that have throughputs of 10,000 gallons per month or greater, even if installed prior to July 1, 1989, is a justifiable cost-effective means to gain incremental VOC emission reductions.
Comment: The cost of retrofitting delivery transports and facilities for additional stage I vapor recovery will ultimately be passed on to the consumer in the form of higher gasoline prices. (IPCA)
Response: IDEM is unaware of any delivery transport or gasoline dispensing facility in Indiana with a gasoline throughput of 10,000 gallons per month or greater that is not already utilizing stage I vapor recovery. Therefore, this rulemaking will result in minimal implementation costs.
SUMMARY/RESPONSE TO COMMENTS FROM THE CONTINUATION OF FIRST NOTICE OF COMMENT PERIOD
IDEM requested public comment from September 10, 2008, through October 10, 2008, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no comments in response to the Continuation of First Notice of Comment Period.
REQUEST FOR PUBLIC COMMENTS
This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:
#07-353 (APCB) Stage I Vapor Recovery
Manda Clevenger Mail Code 61-49
c/o Administrative Assistant
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, Indiana 46204
Hand delivered comments will be accepted by the receptionist on duty at the thirteenth floor east reception desk, 100 North Senate Avenue, Indianapolis, Indiana.
Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5517, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 233-8903.
Comments must be postmarked, faxed, or hand delivered by July 6, 2009.
Additional information regarding this action may be obtained from Manda Clevenger, Rules Development Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana).
Authority:
IC 13-14-8;
IC 13-17-3
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 IAC 8-2-2 through
326 IAC 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 IAC 8-3 (degreasing),
326 IAC 8-4-2 (petroleum refineries),
326 IAC 8-4-3(b) (fixed roof tanks),
326 IAC 8-4-4 (bulk gasoline terminals),
326 IAC 8-4-5 (bulk gasoline plants),
326 IAC 8-4-7 (gasoline transport), and
326 IAC 8-5-2 (asphalt paving) shall achieve compliance as expeditiously as practicable, but not later than indicated in the following compliance schedule:
(1) Submittal of plans and specifications to the board by December 31, 1980.
(2) Contracts for emission control systems or process modification awarded or purchase orders issued by March 31, 1981.
(3) Initiation of on-site construction or installations by June 30, 1981.
(4) Completion of on-site construction or installations by September 30, 1982.
(5) Demonstration of final 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 of
326 IAC 8-2-9 (miscellaneous metal coating),
326 IAC 8-2-10 (flat wood coating),
326 IAC 8-4-3(c) (floating roof tanks),
326 IAC 8-4-8 (refinery leaks),
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 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 of plans and specifications to the board by June 30, 1981.
(2) Contracts for emission control system or process modification awarded or purchase orders issued by August 31, 1981.
(3) Initiation of on-site construction or installations by October 31, 1981.
(4) Completion of on-site construction or installations by October 31, 1982.
(5) Demonstration of final compliance by December 31, 1982.
(c) All sources located in Elkhart and St. Joseph counties
which that either were in operation prior to December 28, 1979, and are not meeting the requirements of
326 IAC 8-2-2 through
326 IAC 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 IAC 8-3 (degreasing),
326 IAC 8-4-2 (petroleum refineries),
326 IAC 8-4-3(b) (fixed roof tanks),
326 IAC 8-4-4 (bulk gasoline terminals),
326 IAC 8-4-5 (bulk gasoline plants),
326 IAC 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 IAC 8-2-9 (miscellaneous metal coating),
326 IAC 8-2-10 (flat wood coating),
326 IAC 8-4-3(c) (floating roof tanks),
326 IAC 8-4-8 (refinery leaks),
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 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 of plans and specifications to the board by June 30, 1985.
(2) Contracts for emission control systems or process modification awarded or purchase orders issued by August 31, 1985.
(3) Initiation of on-site construction or installation by October 31, 1985.
(4) Completion of on-site construction or installation by September 30, 1986.
(5) Demonstration of final compliance by December 31, 1986.
(d) In cases where an existing facility demonstrates that compliance is not possible by the interim dates specified in subsection (a), an extension may be granted by the commissioner. The facility shall submit a letter of intent which shows compliance with this rule as expeditiously as possible, but in no event later than December 31, 1982, and shall include a schedule of dates for the following:
(1) Submittal of plans.
(2) Start construction.
(3) Completion of construction.
(4) Achieving compliance.
(5) Submit performance results.
Once the board has approved a source's compliance plan, the plan shall be incorporated into the facilities' permit and the plan shall be submitted to the U.S. EPA as a SIP revision. Failure to operate within these conditions shall be considered a violation of this rule.
(e) In cases where an existing facility demonstrates that the emission limitation specified in this rule is not attainable considering economic and technological feasibility, and no offset is available to satisfy 326 IAC 2-4, the source may petition the board to receive an extension beyond the dates specified in subsections (a) through (c). The petition shall include the following:
(1) Dates of equipment modification plans.
(2) Dates of equipment installation and/or construction.
(3) Yearly emission limitations demonstrating reasonable further progress.
(4) Date of final compliance, in no case later than December 31, 1987.
Once the commissioner has approved a source's compliance plan, it shall be incorporated into the facilities' permit and the plan shall be submitted to the U.S. EPA as a SIP revision. Failure to operate within these conditions shall be considered a violation of this rule.
(f) (d) All sources located in Clark, Floyd, Lake, Marion, Hendricks, and Porter counties with a monthly throughput of twenty thousand (20,000) gallons per month or greater and not meeting the requirements of
326 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 of twenty thousand (20,000) gallons per month or greater and not meeting the requirements of
326 IAC 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).
(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 of
326 IAC 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 of plans and specifications to the board by June 30, 1986.
(2) Contracts for emission control system or process modification awarded or purchase orders issued by August 31, 1986.
(3) Initiation of on-site construction or installation by October 31, 1986.
(4) Completion of on-site construction or installation by September 30, 1987.
(5) Demonstration of final compliance by December 31, 1987.
(i) (g) All sources subject to the requirements of
326 IAC 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 of ten thousand (10,000) gallons per month or greater that have not met the compliance schedules in subsection (d), (e), (f), or (g) shall comply with 326 IAC 8-4-6 not later than January 10, 2011.
(Air Pollution Control Board; 326 IAC 8-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2528; errata, 11 IR 2632; filed Aug 11, 1989, 1:40 p.m.: 13 IR 6)
Authority:
IC 13-14-8;
IC 13-17-3-4;
IC 13-17-3-11
Sec. 1. (a) All sections of this rule apply to sources of the types described in this rule located in
the following counties:
(1) Clark.
(2) Elkhart.
(3) Floyd.
(4) Hendricks.
(5) Lake.
(6) Marion.
(7) Porter. and
(8) St. Joseph. Counties.
(b) Sections 4 through 7 and 9 of this rule apply to sources of the types described in this rule located in
the following counties:
(1) Boone.
(2) Dearborn.
(3) Hamilton.
(4) Hancock.
(5) Harrison.
(6) Johnson.
(7) Morgan. and
(8) Shelby. Counties.
(c) On and after May 1, 1999, section 6(a) through 6(c) and 6(h) of this rule applies to sources of the type described in section 6 of this rule, located in Vanderburgh County.
(d) (c) Sections 2 through 5 and 7 through 9 of this rule apply to all new sources of the types described in this rule as of January 1, 1980.
(e) (d) Section 6 6(a) and 6(b) of this rule applies apply to any gasoline storage tank installed after July 1, 1989, at a gasoline dispensing facility unless such facility is excluded under subsection (f). with a monthly gasoline throughput of ten thousand (10,000) gallons per month or greater.
(f) Section 6 of this rule shall not apply to gasoline dispensing facilities which have monthly gasoline throughputs of less than ten thousand (10,000) gallons per month and:
(1) were in existence prior to July 1, 1989; or
(2) are located at farms or private residences.
(e) Section 6(c) of this rule applies to gasoline dispensing facilities as described in section 6(c)(1) of this rule and located in:
(1) Clark;
(2) Floyd;
(3) Lake; or
(4) Porter;
county.
(Air Pollution Control Board; 326 IAC 8-4-1; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2538; filed Aug 11, 1989, 1:40 p.m.: 13 IR 7; filed Apr 23, 1999, 2:12 p.m.: 22 IR 2855; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)
326 IAC 8-4-6 Gasoline dispensing facilities
Authority:
IC 13-14-8;
IC 13-17-3-4
Sec. 6. (a) The following definitions apply throughout this section:
(1) "Average monthly volume" means the amount of motor fuel dispensed per month from a gasoline dispensing facility based upon a monthly average for a two (2) year period from November 1990 through October 1992, or, if not available, the monthly average for the most recent twelve (12) calendar months. Monthly averages shall include only those months when the facility was operating.
(2) "CARB" means the California Air Resources Board.
(3) "Certified" means any vapor collection and control system which that has been tested and approved by CARB as having a vapor recovery and removal efficiency of at least ninety-five percent (95%) by weight.
(4) "Constructed" means fabricated, erected, or installed and refers to any facility, emission source, or air pollution control equipment.
(5) "Dynamic backpressure test" means a test procedure used to determine the pressure drop (flow resistance) through vapor collection and control systems, including:
(A) nozzles;
(B) vapor hoses;
(C) swivels;
(D) dispenser piping; and
(E) underground piping;
at prescribed flow rates. Test procedures for this test can be found in EPA 450/3-91-022b, "Technical Guidance–Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities"*.
(6) "Employee" means any person who performs work for an employer for compensation.
(7) "Facility" means any:
(A) building;
(B) structure;
(C) installation;
(D) operation; or
(E) combination located on contiguous properties and under common ownership;
that provides for the dispensing of motor vehicle fuel.
(8) "Gasoline dispensing facility" means any facility where gasoline is dispensed into motor vehicle fuel tanks or portable containers from a storage tank with a capacity of two thousand one hundred seventy-six (2,176) nine hundred forty-six (946) liters (five hundred seventy-five (575) (two hundred fifty (250) gallons) or more. Diesel fuel and kerosene are not considered to be motor vehicle fuels.
(9) "Independent small business marketer of gasoline" means a person engaged in the marketing of gasoline who:
(A) is not a refiner;
(B) does not control, is not controlled by, or is not under common control with a refiner;
(C) is not otherwise directly or indirectly affiliated with a refiner or a person who controls, is controlled by, or is under a common control with a refiner (unless the sole affiliation referred to in this subdivision is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person); and
(D) receives less than fifty percent (50%) annual income from the marketing of gasoline.
(10) "Liquid blockage test" means a test procedure used to detect low points in any vapor collection and control system where condensate may accumulate. Test procedures can be found in EPA 450/3-91-022b, "Technical Guidance–Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities"*.
(11) "Modification" means any change, removal, or addition, other than a certified replacement of any component contained within the vapor collection system and control system.
(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.
(15) "Pressure decay or leak test" means a test procedure used to quantify the vapor tightness of a vapor collection and control system installed at gasoline dispensing facilities. Test procedures can be found in EPA 450/3-91-022b, "Technical Guidance–Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities"*.
(16) "Vapor collection and control systems" means any system certified by CARB which that limits the discharge to the atmosphere of motor vehicle fuel vapor displaced during the dispensing of motor vehicle fuel into motor vehicle fuel tanks.
(b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows:
(b) (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:
(1) (A) A submerged fill pipe
that extends to not more than:
(i) twelve (12) inches from the bottom of the storage tank if the fill pipe was installed on or before November 9, 2006; or
(ii) six (6) inches from the bottom of the storage tank if the fill pipe was installed after November 9, 2006.
(2) (B) Either a pressure relief valve set to release at no not less than seven-tenths (0.7) pounds per square inch or an orifice of five-tenths (0.5) inch in diameter.
(3) (C) A vapor balance system connected between the tank and the transport operating according to manufacturer's specifications.
(c) (2) If the owner or employees of the owner of a gasoline dispensing facility are not present during loading, it shall be the responsibility of the owner or the operator of the transport to make certain the vapor balance system is:
(A) connected between the transport and the storage tank; and is
(B) operating according to manufacturer's specifications.
(c) Stage II vapor recovery system requirements at gasoline dispensing facilities are as follows:
(d) (1) The provisions of
subsection (e) subdivision (2) shall apply to any gasoline dispensing facility located in Clark, Floyd, Lake, or Porter County except if the gasoline dispensing facility:
(1) (A) dispenses an average monthly volume of less than ten thousand (10,000) gallons of gasoline per month; or
(2) (B) is an independent small business marketer of gasoline who dispenses an average monthly volume of less than fifty thousand (50,000) gallons of gasoline per month.
(e) (2) No owner or operator of a gasoline dispensing facility shall cause or allow the dispensing of motor vehicle fuel at any time unless all motor vehicle fuel dispensing operations are equipped with and utilize a certified vapor collection and control system
which that is properly installed and operated as follows:
(1) (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 (k)(6). subdivision (7)(F).
(2) (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.
(3) (C) No elements or components of a vapor collection and control system shall be:
(i) modified;
(ii) removed;
(iii) replaced; or
(iv) otherwise rendered inoperative;
in a manner which that prevents the system from performing in accordance with its certification and design specifications.
(4) (D) A vapor collection and control system shall not be operated with defective, malfunctioning, missing, or noncertified components. The following requirements apply to a vapor collection and control system:
(A) (i) All parts of the system
which that can be visually inspected must be checked daily by the operator of the facility for the following malfunctions:
(i) (AA) Absence or disconnection of any component required to be used to certify the system.
(ii) (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 that is torn in either of the following manners:
(AA) (aa) A triangular shaped or similar tear one-half (1/2) inch or more to a side or a hole one-half (1/2) inch or more in diameter or length.
(BB) (bb) Slit one (1) inch or more in length.
(iv) (DD) A faceplate or flexible cone
which that is damaged in the following manner:
(AA) (aa) For balance nozzles and nozzles for aspirator and educator assist type systems, damage shall be such that the capability to achieve a seal with a fill pipe interface is affected for one-fourth (1/4) of the circumference of the faceplate (accumulated).
(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.
(v) (EE) A nozzle shutoff mechanism which that malfunctions in any manner.
(vi) (FF) A vacuum producing device which that is inoperative.
(B) (ii) Any defect in the system which that is discovered in clause (A) item (i) will require the immediate shutdown of the affected pumps until proper repairs are made.
(C) (iii) A signed daily log of the daily inspection in clause (A) item (i) shall be maintained at the facility.
(D) (iv) One (1) operator or employee of the gasoline dispensing facility shall be trained and instructed annually in the proper operation and maintenance of a vapor collection and control system.
(E) (v) Instructions shall:
(AA) be posted in a conspicuous and visible place within the motor vehicle fuel dispensing area for the system in use at that station; The instructions shall
(BB) clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at that station; The instructions shall also and
(CC) include a warning that repeated attempts to continue dispensing motor vehicle fuel after the system has indicated that the vehicle fuel tank is full may result in a spillage of fuel.
(f) (3) Facilities subject to the requirements of
subsection (e) subdivision (2) shall demonstrate compliance according to the following schedule:
(1) (A) Six (6) months after promulgation in the case of gasoline dispensing facilities for which construction commenced after the date of enactment of the Clean Air Act Amendments of 1990 (November 15, 1990).
(2) (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.
(3) (C) Two (2) years after promulgation in the case of all other gasoline dispensing facilities.
(4) (D) Any gasoline dispensing facility described in both subdivisions (1) and (2) clauses (A) and (B) shall meet the requirements of subdivision (1). clause (A).
(5) (E) New facilities constructed after the promulgation of this rule shall comply with the requirements of subsection (e) subdivision (2) upon startup of the facility.
(6) (F) Existing facilities previously exempted from, but which that become subject to, the requirements of subsection (e) subdivision (2) shall comply with the requirements of subsection (e) subdivision (2) within one (1) year from the date the facility became subject.
(g) (4) Any gasoline dispensing facility that becomes subject to the provisions of subsection (e) subdivision (2) at any time shall remain subject to the provisions of subsection (e) subdivision (2) at all times.
(h) Upon request by the agency, the owner or operator of a gasoline dispensing facility which claims to be exempt from the requirements of this section shall submit records to the agency within thirty (30) calendar days from the date of the request which demonstrates that the gasoline dispensing facility is in fact exempt.
(i) (5) Any gasoline dispensing facility subject to
subsection (e) subdivision (2) shall retain copies of all records and reports adequate to clearly demonstrate the following:
(1) (A) That a certified vapor collection and control system has been installed and tested to verify its performance according to its specifications.
(2) (B) That proper maintenance has been conducted in accordance with the manufacturer's specifications and requirements.
(3) (C) The time period and duration of all malfunctions of the vapor collection and control system.
(4) (D) The motor vehicle fuel throughput of the facility for each calendar month of the previous year.
(5) (E) That operators and employees are trained and instructed in the proper operation and maintenance of the vapor collection and control system.
(j) (6) All records and reports required in subsection (i) subdivision (5) shall be made available to the agency department upon request. All records shall be retained for a period of two (2) years.
(k) (7) Within forty-five (45) days after the installation of a vapor collection and control system, the owner or operator of the gasoline dispensing facility shall submit to the
agency department a registration form, which shall be provided by the department of environmental management, office of air
management, which quality, that provides, at a minimum, the following:
(1) (A) The name, address, and telephone number of the facility.
(2) (B) The signature of the owner or operator.
(3) (C) The CARB executive order number for the vapor collection and control system to be utilized.
(4) (D) The number of nozzles, excluding diesel and kerosene, used for motor vehicle refueling.
(5) (E) The monthly average volume of motor vehicle fuel dispensed.
(6) (F) The date of completion of installation of the vapor collection and control system. Completion of installation includes the successful passing of a vapor leakage and blockage test. A vapor leakage and blockage test must, at a minimum, include the following:
(A) (i) A pressure decay or leak test.
(B) (ii) A dynamic pressure drop test.
(C) (iii) A liquid blockage test.
The results of these tests must be submitted with the registration form specified in this subsection. subdivision.
(l) (8) All vapor collection and control systems shall be retested for vapor leakage and blockage, and successfully pass the test, at least every five (5) years or upon major system replacement or modification. A major system modification is considered to be replacing, repairing, or upgrading seventy-five percent (75%) or more of a vapor collection and control system of a facility.
(d) Upon request by the department, the owner or operator of a gasoline dispensing facility that claims to be exempt from the requirements of this section shall submit records to the agency within thirty (30) calendar days from the date of the request that demonstrate that the gasoline dispensing facility is in fact exempt.
*This document is incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
(Air Pollution Control Board; 326 IAC 8-4-6; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2540; filed Aug 11, 1989, 1:40 p.m.: 13 IR 8; filed Nov 30, 1990, 4:20 p.m.: 14 IR 605; filed Oct 28, 1993, 5:00 p.m.: 17 IR 332; filed Sep 18, 1995, 3:00 p.m.: 19 IR 203; errata filed Dec 11, 1995, 3:00 p.m.: 19 IR 674; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3349; errata filed Feb 18, 1997, 4:00 p.m.: 20 IR 1738; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 47)
Posted: 06/03/2009 by Legislative Services Agency
DIN: 20090603-IR-326070353SNA
Composed: Apr 26,2024 6:19:39AM EDT
A
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