TITLE 326 AIR POLLUTION CONTROL BOARD
Final Rule
LSA Document #07-353(F)
DIGEST
Amends
326 IAC 8-1-3,
326 IAC 8-4-1, and
326 IAC 8-4-6 concerning stage I vapor recovery measures for gasoline dispensing facilities in Indiana. Effective 30 days after filing with the Publisher.
Date of First Hearing: September 2, 2009.
Date of Second Hearing: November 4, 2009.
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; filed Apr 15, 2010, 4:05 p.m.: 20100512-IR-326070353FRA)
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; filed Apr 15, 2010, 4:05 p.m.: 20100512-IR-326070353FRA)
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; filed Apr 15, 2010, 4:05 p.m.: 20100512-IR-326070353FRA)
Hearing Held: November 4, 2009
Approved by Attorney General: April 12, 2010
Approved by Governor: April 15, 2010
Filed with Publisher: April 15, 2010, 4:05 p.m.
Documents Incorporated by Reference: None Received by Publisher
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
Small Business Assistance Program Ombudsman: 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
Posted: 05/12/2010 by Legislative Services Agency
DIN: 20100512-IR-326070353FRA
Composed: Apr 25,2024 4:15:04PM EDT
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