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Retail Gasoline Marketers

**Federal Rules Affecting Gasoline Dispensing Facilities**

On January 10, 2008, new rules from the Environmental Protection Agency were promulgated which may affect gasoline dispensing facilities (GDF) in the state. It does not affect facilities that ONLY distribute aviation fuels or diesel.

**Gasoline Distribution NESHAP 6C Video from EPA**

EPA has developed an informational video describing “Stage I" gasoline storage tank filling control requirements resulting from the Federal Gasoline Distribution Facility rule as part of their Air Pollution Training Institute. The video explains what a NESHAP is, why it exists, the general requirements of the 6C rule and which specific businesses are affected. The video is available for viewing online at the EPA APTI Website.

**2011 Changes to the Federal GDF regulation**

On January 24, 2011, amendments to the Federal GDF rule were published. These amendments redefine how monthly throughput is calculated and the definition of a GDF has been expanded to include new categories.

To see the amendments please follow this link.

Notification of Compliance Status

Existing facilities (constructed prior to November 9, 2006) are required to be in compliance with the 6C rule and submit a Notification of Compliance Status by January 10, 2011to BOTH the EPA Region IV office and the TN Division of Air Pollution Control.

If prior to January 10, 2008, your facility has a throughput of less than 10,000 gallons or you are a facility that is in compliance with an enforceable State, local, or tribal air pollution control rule or permit and is meeting the control requirements contained in the rule (and summarized on the brochure from the EPA), then a Notification of Compliance Status is not required to be submitted. 29 counties in Tennessee currently have regulations in place. See the Frequently Asked Questions for a listing of these counties already subject to the State or a Local Air Pollution Control rule.

Initial Notification

Affected sources are required to submit an Initial Notification that describes their facility and identifies the portion of the rule that affects them.

Existing sources (constructed prior to November 9, 2006) needed to have submitted the Initial Notification to BOTH the EPA Region IV office and the TN Division of Air Pollution Control by May 9, 2008. If an existing facility’s monthly throughput increases to a new threshold level, they must submit notification 120 days after the facility becomes subject to the new control requirements.

New facilities constructed on or after November 9, 2006 must submit the notice 120 days after the facility becomes subject to the control requirements or if their monthly throughput increases to another of the threshold levels. Based on the monthly throughput of a facility, different control requirements must be met in three years for the following levels:

  • Less than 10,000 gallons/month
  • Equal to or greater than 10,000 gallons/month
  • Equal to or greater than 100,000 gallons/month

See the brochure from EPA explaining the GDF rule for a summary of the control requirements for each level.

Existing sources have until January 10, 2011 to meet the rule control requirements or within three years after their facility becomes subject to the rule due to your monthly throughput increasing to a new levels. If your facility is a new source (constructed or reconstructed after November 9, 2006), it must comply with the rule upon start up.

If prior to January 10, 2008, your facility has a throughput of less than 10,000 gallons or you are a facility that is in compliance with an enforceable State, local, or tribal air pollution control rule or permit and is meeting the control requirements contained in the rule (and summarized on the brochure from the EPA), then an Initial Notification is not required to be submitted. 29 counties in Tennessee currently have regulations in place. See the list on the Frequently Asked Questions.

Information relating to 6C

**Stage II Testing**

Stage II Fact Sheet

Stage II systems are required to be tested every five years. This test should be performed according to one of three methods:

(a) Unless otherwise specified in this rule, the test method found in Rule 1200-3-18-.85 (page 199) of this chapter to determine compliance with the vapor-tight requirements of Paragraph (3) of this rule for lines, piping, caps, couplers, adapters, and fittings;

(b) The test methods found in Appendix J, Technical Guidance - Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities, Volume II, EPA - 450/3-91-022b (November 1991), to determine compliance with applicable requirements specified in Subparagraph (3)(c) of this rule; and/or (a scanned copy of Appendix J can be viewed through this link)

(c) Other methods necessary for demonstration of compliance approved by the Technical Secretary and the EPA.

Keep aware of permit conditions and don't let this test sneak up on you.

** Attention Retail Gasoline Marketers **

Recent changes in Stage I Vapor Recovery regulations by the Air Pollution Control Board require the installation of Stage I Vapor Recovery systems approved by the California Air Resources Board by May 1, 2006.

New Tennessee Stage I Vapor Recovery Fact Sheet

Retail gasoline marketers are regulated by both the Tennessee Department of Environment and Conservation Air Pollution Control and Underground Storage Tank divisions.

For a look at the regulations governing Stage I and II in Tennessee go to page 56 of the document that opens up by going here: 1200-3-18-.24 Volatile Organic Compounds (Page 57)

There are two permit forms required for Stage I Vapor Recovery Systems. This document contains the forms and instructions for them. It was part of a recent mailout to potentially affected facilities: Stage I Vapor Recovery packet

For information as to CARB approved systems take a look at the CARB Executive Orders for further information.