Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 8 - VOLATILE ORGANIC COMPOUND RULES
Rule 4 - Petroleum Sources
Section 4-6 - Gasoline dispensing facilities
Universal Citation: 326 IN Admin Code 4-6
Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12-3-1
Sec. 6.
(a) The following definitions apply throughout this section:
(1) "Average monthly volume" means the amount
of motor fuel dispensed per month from a gasoline dispensing facility based
upon a monthly average for a two (2) year period from November 1990 through
October 1992, or, if not 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 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 pressure drop 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 nine hundred forty-six (946) liters (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 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 that limits the discharge to the
atmosphere of motor vehicle fuel vapor displaced during the dispensing of motor
vehicle fuel into motor vehicle fuel tanks.
(b) Stage I vapor recovery system requirements at gasoline dispensing facilities are as follows:
(1) No owner or operator of a gasoline
dispensing facility shall allow the transfer of gasoline between any transport
and any storage tank unless the tank is equipped with the following:
(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, 200Sec. 6.
(B) Either a pressure relief valve set to
release at not less than seven-tenths (0.7) pounds per square inch or an
orifice of five-tenths (0.5) inch in diameter.
(C) A vapor balance system connected between
the tank and the transport operating according to manufacturer's
specifications.
(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
(B) operating
according to manufacturer's specifications.
(c) Stage II vapor recovery system requirements at gasoline dispensing facilities are as follows:
(1) Unless a stage II vapor recovery system
is decommissioned in accordance with subsection (d), the provisions of
subdivision (2) shall apply to any gasoline dispensing facility that has a
stage II vapor recovery system and is located in any of the following counties:
(A) Clark.
(B) Floyd.
(C) Lake.
(D) Porter.
(2) An owner or operator of a gasoline
dispensing facility with a stage II vapor recovery system shall utilize a
certified vapor collection and control system that is properly installed and
operated as follows:
(A) No vapor collection
and control system shall be used or maintained unless the system has been
certified by CARB.
(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.
(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 that prevents the system from performing 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:
(i) All parts of the system that can
be visually inspected must be checked daily by the operator of the facility for
the following malfunctions:
(AA) Absence or
disconnection of any component required to be used to certify the
system.
(BB) A vapor hose that is
crimped or flattened such that the vapor passage is blocked or severely
restricted.
(CC) A nozzle boot that
is torn in either of the following manners:
(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) Slit one
(1) inch or more in length.
(DD) A faceplate or flexible cone 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 (1/4) of the circumference of the
faceplate (accumulated).
(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.
(EE) A nozzle shutoff mechanism that
malfunctions in any manner.
(FF) A
vacuum producing device that is inoperative.
(ii) Any defect in the system that is
discovered in item (i) will require the immediate shutdown of the affected
pumps until proper repairs are made.
(iii) A signed daily log of the daily
inspection in item (i) shall be maintained at the facility.
(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.
(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;
(BB) clearly describe
how to fuel vehicles correctly with the vapor recovery nozzles utilized at that
station; 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.
(3) Any gasoline dispensing facility subject
to subdivision (2) shall retain copies of all records and reports adequate to
clearly demonstrate the following:
(A) That a
certified vapor collection and control system has been installed and tested to
verify its performance according to its specifications.
(B) That proper maintenance has been
conducted in accordance with the manufacturer's specifications and
requirements.
(C) The time period
and duration of all malfunctions of the vapor collection and control
system.
(D) The motor vehicle fuel
throughput of the facility for each calendar month of the previous
year.
(E) That operators and
employees are trained and instructed in the proper operation and maintenance of
the vapor collection and control system.
(4) All records and reports required in
subdivision (3) shall be made available to the department upon request. All
records shall be retained for a period of two (2) years.
(5) 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) A stage II vapor recovery system at a gasoline dispensing facility in Clark, Floyd, Lake, or Porter counties must be maintained in accordance with subsection (c), unless the owner or operator decommissions the stage II vapor recovery system as follows:
(1) The owner or operator shall notify the
department of the intent to decommission the stage II vapor recovery
system.
(2) The owner or operator
shall decommission the stage II vapor recovery system in accordance with
section 14 of the 2009 "Recommended Practices for Installation and Testing of
Vapor Recovery Systems at Vehicle Refueling Sites"* of the Petroleum Equipment
Institute.
(3) The owner or
operator shall complete decommissioning within one hundred (100) calendar days
from notification to the department.
(e) After the effective date of this rule, a stage II vapor recovery system is not required in Clark, Floyd, Lake, or Porter counties for:
(1) a new gasoline dispensing
facility; or
(2) an existing
gasoline dispensing facility that has been decommissioned in accordance with
subsection (d).
(f) 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.
*These documents are incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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