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Clean Air Act §110(l) Demonstration for Changes to 

Tennessee’s Stage I Vapor Recovery Requirements

I. Background and Purpose

Tennessee Air Pollution Control Regulations (TAPCR) rule 1200-03-18-.24, Gasoline Dispensing 

Facilities, Stage I and Stage II Vapor Recovery regulates the emissions of Volatile Organic Compounds 

(VOCs) from the petroleum product storage and distribution network. This rule was submitted to EPA on 

July 6, 1993 and approved by EPA on February 9, 1995. Revisions to this rule were approved by EPA on 

April 14, 1997, and August 26, 2005. 

TAPCR 1200-03-18-.24 includes requirements for control of VOC emissions from filling of certain 

gasoline storage tanks in several Tennessee counties using Stage I vapor recovery systems. EPA 

promulgated similar requirements for Stage I vapor recovery as 40 CFR 63 Subpart CCCCCC1. To 

eliminate the overlap of State and Federal requirements, Tennessee proposes to adopt 40 CFR 63 Subpart 

CCCCCC by reference and remove the Stage I SIP requirements of TAPCR 1200-03-18-.24.

Section 110(l) of the Clean Air Act (CAA) prohibits revision of a SIP that would interfere with attainment 

or maintenance of a NAAQS, reasonable further progress toward attainment of a NAAQS, or any other 

applicable requirement of the CAA. Since Stage I controls are part of Tennessee’s SIP, the requirements 

of CAA §110(l) must be satisfied before changing the existing Stage I requirements.

This document demonstrates that Tennessee’s proposed changes comply with the requirements of CAA 

§110(l), as follows: 

1. Tennessee proposes to lower the applicability thresholds for certain sources subject to Federal 

Stage I requirements. Tennessee’s revised State requirements will be as stringent as or more 

stringent than the comparable Federal requirements. 

2. This document includes a comparison that demonstrates the equivalence of State and Federal 

Stage I requirements. 

II. Applicability of Tennessee’s Stage I Requirements and Federal Requirements

Tennessee’s Stage I Vapor Recovery requirements apply as shown in Table 1. Within the listed 

counties, Tennessee’s Stage I requirements apply to smaller facilities (based on monthly gasoline 

throughput) than the equivalent Federal requirements (Table 2) and are therefore more stringent than the 

Federal requirements. As a result Tennessee must: (1) demonstrate that adoption of the less stringent 

requirements will comply with CAA §110(l); or (2) adopt State requirements that implement the Federal 

rules at a lower applicability threshold. Tennessee has elected to adopt State requirements that implement 

the Federal rules at a lower applicability threshold. 

 

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73 FR 1945, Jan. 10, 2008
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Table 1: Applicability of State Stage I Requirements

Stage I applies in the Following 

Counties 

Stage I applies to: Exceptions

Blount, Carter, Cheatham, 

Davidson, Dickson, Fayette, 

Hamilton, Hawkins, Haywood, 

Jefferson, Knox, Loudon, Marion, 

Meigs, Montgomery, Putnam, 

Robertson, Rutherford, Sevier, 

Shelby, Sullivan, Sumner, Tipton, 

Unicoi, Union, Washington, 

Williamson, and Wilson

Any gasoline dispensing facility 

(GDF) and the appurtenant 

equipment necessary to the 

gasoline dispensing facility; and 

to any gasoline tank truck that 

transfers gasoline to storage 

vessels at such facilities.

The following are subject only to 1200-03-18-.24(3)(a)1 (gasoline 

storage vessels shall be loaded by submerged fill):

1. Any transfer made to a GDF storage tank equipped with a 

floating roof or an approved equivalent (SIP revision required)

2. Any stationary gasoline storage container with a capacity that is 

less than 2,080 L (550 gal) used exclusively for the fueling of 

implements of husbandry;

3. Any stationary storage tank with a capacity of less than 7,600 L 

(2,000 gal) constructed prior to January 1, 1979; and

4. Any stationary storage tank with a capacity of less than 950 L 

250 gal constructed after December 31, 1978.

Any GDF that dispenses less than 10,000 gallons of gasoline per month 

is subject only to the following:

1. 1200-03-18-.24(3)(a)1 (gasoline storage vessels shall be loaded 

by submerged fill); and 

2. 1200-03-18-.24(5)(b)2 (if any exemption based upon the 

quantity of gasoline dispensed is claimed, the owner or 

operator shall maintain records showing the quantity of 

gasoline dispensed each month).
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Table 2: Federal Requirements for GDF (40 CFR 63 Subpart CCCCCC)

Affected Source Requirement General Description of Requirement2

Any GDF with a 

monthly throughput of 

less than 10,000 gallons 

of gasoline

Comply with 

§63.11116.

Do not allow gasoline to be handled in a manner that 

would result in vapor releases to the atmosphere for 

extended periods of time. Measures to be taken include, 

but are not limited to: (1) Minimize gasoline spills; (2) 

Clean up spills as expeditiously as practicable; (3) Cover 

all open gasoline containers and all gasoline storage tank 

fill-pipes with a gasketed seal when not in use; and (4) 

Minimize gasoline sent to open waste collection systems 

that collect and transport gasoline to reclamation and 

recycling devices, such as oil/water separators.

Any GDF with a 

monthly throughput of 

10,000 gallons of 

gasoline or more

Comply with 

§63.11117.

Comply with §63.11116. Only load gasoline into storage 

tanks by utilizing submerged filling.

Any GDF with a 

monthly throughput of 

100,000 gallons of 

gasoline or more

Comply with 

§63.11118.

Comply with §63.11116 and §63.11117. Comply with 

management practices in Table 1 of Subpart CCCCCC or 

operate a vapor balance system that meets the 

requirements of either §63.11118(b)(2)(i)(A) or (B). 

§63.11118 contains the equivalent of Tennessee’s 

Stage I vapor recovery requirements.

Because the State requirement applies at a lower threshold (10,000 gallons per month), Tennessee 

proposes the following changes in applicability for all GDF located in Anderson, Blount, Carter, 

Cheatham, Davidson, Dickson, Fayette, Hamilton, Hawkins, Haywood, Jefferson, Knox, Loudon, 

Marion, Meigs, Montgomery, Putnam, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, 

Unicoi, Union, Washington, Williamson, or Wilson Counties:

 A GDF with a monthly throughput of less than 10,000 gallons of gasoline must comply with the 

requirements in 40 CFR §§ 63.11116 and 63.11117(b) and (c). 

 A GDF with a monthly throughput of 10,000 gallons of gasoline or more must comply with the 

requirements in 40 CFR § 63.11118.

III. Equivalence of Tennessee’s Stage I Requirements and Federal Requirements

Table 2 demonstrates the equivalence of State and Federal requirements. 

 

2 A more detailed analysis of Federal requirements is included in Section III.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(1)(a)1. This rule applies to any of the following in 

Anderson, Blount, Carter, Cheatham, Davidson, 

Dickson, Fayette, Hamilton, Hawkins, Haywood, 

Jefferson, Knox, Loudon, Marion, Meigs, 

Montgomery, Putnam, Robertson, Rutherford, 

Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, 

Union, Washington, Williamson, or Wilson 

County:

(i) To any gasoline dispensing facility and the 

appurtenant equipment necessary to the 

gasoline dispensing facility; and

(ii) To any gasoline tank truck that transfers 

gasoline to storage vessels at such facilities.

See below See below The Federal rule applies 

Statewide. State-specific 

language applies to the 

counties indicated in this 

table.

(1)(a)2. Any gasoline dispensing facility located in one of 

the counties specified in Part (1)(a)1 of this rule 

that exceeds the applicability threshold specified in 

Parts (1)(b)2 or (1)(b)3 of this rule shall be subject 

to all of the respective provisions of this rule for 

facilities exceeding the applicability threshold and 

shall remain subject to these provisions even if its 

throughput later falls below the threshold. The 

owner or operator shall inform the Technical 

Secretary within 30 days following the exceedance, 

as specified in Part (5)(a)3 of this rule.

See note See note The existing State rule is 

more stringent than the 

Federal rule, because certain 

requirements (e.g., 

submerged fill and Stage I 

vapor recovery) apply at a 

lower threshold within the 

listed counties. Proposed 

revisions to 1200-03-18-

.24(1) will maintain the 

stringency of the State rule.

(1)(b)1. With respect to requirements concerning transfers 

from gasoline tank trucks to gasoline storage 

vessels at gasoline dispensing facilities, the 

following are subject only to Part (3)(a)1 of this 

rule: 

See below See below
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(1)(b)1(i) Any transfer made to a gasoline dispensing facility 

storage tank that is equipped with a floating roof or 

an approved equivalent, this approval being a 

revision to the State Implementation Plan;

§63.11118(c)(3) The emission sources listed in paragraphs 

(c)(1) through (3) of this section are not 

required to comply with the control 

requirements in paragraph (b) of this 

section, but must comply with the 

requirements in §63.11117. (3) Gasoline 

storage tanks equipped with floating roofs, 

or the equivalent.

The Federal rule is as 

stringent as the existing 

State rule.

(1)(b)1(ii) Any stationary gasoline storage container with a 

capacity that is less than 2,080 liters (550 gallons) 

that is used exclusively for the fueling of

implements of husbandry;

§63.11117(c) Gasoline storage tanks with a capacity of 

less than 250 gallons are not required to 

comply with the submerged fill 

requirements in paragraph (b) of this 

section, but must comply only with all of 

the requirements in §63.11116.

The Federal rule is more 

stringent (gasoline storage 

tanks < 250 exempt from the 

Federal submerged fill 

requirement per 

§63.11117(c)).

(1)(b)1(iii) Any stationary storage tank with a capacity of less 

than 7,600 L (2,000 gal) that was constructed prior 

to January 1, 1979; and

§63.11117(c) Gasoline storage tanks with a capacity of 

less than 250 gallons are not required to 

comply with the submerged fill 

requirements in paragraph (b) of this 

section, but must comply only with all of 

the requirements in §63.11116.

The Federal rule is more 

stringent (gasoline storage 

tanks < 250 exempt from the 

Federal submerged fill 

requirement per 

§63.11117(c)).

(1)(b)1(iv) Any stationary storage tank with a capacity of less 

than 950 L (250 gal) that was constructed after 

December 31, 1978.

§63.11117(c) Gasoline storage tanks with a capacity of 

less than 250 gallons are not required to 

comply with the submerged fill 

requirements in paragraph (b) of this 

section, but must comply only with all of 

the requirements in §63.11116.

The Federal rule is as 

stringent as the existing 

State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(1)(b)2. Any gasoline dispensing facility which dispenses 

less than 10,000 gallons of gasoline per month is 

subject only to the provisions of Parts (3)(a)1 and 

(5)(b)2 of this rule.

§63.11111(e) An affected source shall, upon request by 

the Administrator, demonstrate that their 

monthly throughput is less than the 10,000-

gallon or the 100,000-gallon threshold level, 

as applicable. For new or reconstructed 

affected sources, as specified in 

§63.11112(b) and (c), recordkeeping to 

document monthly throughput must begin 

upon startup of the affected source. For 

existing sources, as specified in 

§63.11112(d), recordkeeping to document 

monthly throughput must begin on January 

10, 2008. For existing sources that are 

subject to this subpart only because they 

load gasoline into fuel tanks other than 

those in motor vehicles, as defined in 

§63.11132, recordkeeping to document 

monthly throughput must begin on January 

24, 2011. Records required under this 

paragraph shall be kept for a period of 5 

years.

The existing State rule is 

more stringent than the 

Federal rule, because certain 

requirements (e.g., 

submerged fill and Stage I 

vapor recovery) apply at a 

lower threshold within the 

listed counties. Proposed 

revisions to 1200-03-18-

.24(1) will maintain the 

stringency of the State rule.

(1)(b)2. Any gasoline dispensing facility which dispenses 

less than 10,000 gallons of gasoline per month is 

subject only to the provisions of Parts (3)(a)1 and 

(5)(b)2 of this rule.

See comment See comment The existing State rule is 

more stringent than the 

Federal rule, because certain

requirements (e.g., 

submerged fill and Stage I 

vapor recovery) apply at a 

lower threshold within the 

listed counties. Proposed 

revisions to 1200-03-18-

.24(1)(d) and (e) will 

maintain the stringency of 

the State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(3)(a) Standards (Stage I Vapor Recovery) for Gasoline 

Storage Vessels - The owner or operator of each 

gasoline dispensing facility subject to this rule shall 

comply with the following requirements:

See below See below

(3)(a)1. All gasoline storage vessels at gasoline dispensing 

facilities shall be loaded by submerged fill;

§63.11117(b) Except as specified in paragraph (c) of this 

section, you must only load gasoline into 

storage tanks at your facility by utilizing 

submerged filling, as defined in §63.11132, 

and as specified in paragraphs (b)(1), (b)(2), 

or (b)(3) of this section.

The Federal rule is as 

stringent as the existing 

State rule.

(3)(a)2. All vapor lines on the storage vessel shall be 

equipped with closures that automatically seal upon 

disconnect.

§63.11118(b), 

Table 1 to 

Subpart 

CCCCCC

All vapor connections and lines on the 

storage tank shall be equipped with closures 

that seal upon disconnect.

The Federal rule is as 

stringent as the existing 

State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(3)(a)3. All gasoline storage vessels at gasoline dispensing 

facilities shall be served by a vapor recovery 

system approved by the Technical Secretary, or of a 

type certified by the California Air Resources 

Board, and designed, installed, and maintained to 

recover gasoline vapors displaced during transfer of 

gasoline from a tank truck to a storage tank;

Stage I gasoline vapor recovery systems used for 

this purpose shall be properly certified under the 

CARB enhanced vapor recovery (EVR) 

certification procedures effective on or after April 

1, 2001, or shall be listed under the following preEVR CARB Executive Orders; mixing of 

components certified under separate CARB 

certification procedures will not be allowed.

§63.11118(b), 

Table 1 to 

Subpart 

CCCCCC

§63.11120

Comply with the requirements in Table 1 of 

Subpart CCCCCC or operate a vapor 

balance systems that achieves 90% 

reduction, uses management practices at 

least as stringent as Table 1 of Subpart 

CCCCCC.

Each owner or operator, at the time of 

installation and every 3 years thereafter, 

must demonstrate compliance with the leak 

rate and cracking pressure requirements, 

specified in item 1(g) of Table 1 and must 

demonstrate compliance with the static 

pressure performance requirement specified 

in item 1(h) of Table 1 by conducting a 

static pressure test.

Each owner or operator choosing to use a 

vapor balance system other than that 

described in Table 1 must demonstrate to 

the Administrator or delegated authority the 

equivalency of their vapor balance system to 

that described in Table 1.

The Federal rule is more 

stringent than the existing 

State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

(3)(a)4. If a gauging well separate from the fill tube is used 

for manual measurement, it shall be provided with 

a submerged drop tube that extends to within 150 

mm (5.9 in) of the gasoline storage vessel bottom; 

and

§63.11118(b), 

Table 1 to 

Subpart 

CCCCCC

If a gauge well separate from the fill tube is 

used, it shall be provided with a submerged 

drop tube that extends the same distance 

from the bottom of the storage tank as 

specified in §63.11117(b).

The Federal rule is as 

stringent as the existing 

State rule.

§63.11117(b) requires 

submerged fill pipes 

installed on or before 

November 9, 2006, to be no 

more than 12 inches from 

the bottom of the tank. 

Submerged fill pipes 

installed after November 9, 

2006, must be no more than 

6 inches from the bottom of 

the tank. Submerged fill 

pipes not meeting these

specifications are allowed if 

the owner or operator can 

demonstrate that the liquid 

level in the tank is always 

above the entire opening of 

the fill pipe. Documentation 

providing such 

demonstration must be made 

available for inspection by 

the Administrator's 

delegated representative 

during the course of a site 

visit.

(3)(a)5. Liquid fill connections for all systems shall be 

equipped with vapor-tight caps.

§63.11118(b), 

Table 1 to 

Subpart 

CCCCCC

Liquid fill connections for all systems shall 

be equipped with vapor-tight caps.

The Federal rule is as 

stringent as the existing 

State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

3(b) Standards (Stage I Vapor Recovery) for Gasoline 

Transfers from Tank Trucks to Storage Vessels -

The owner or operator of a gasoline tank truck shall 

not unload gasoline to a gasoline storage vessel 

subject to vapor-tightness requirements during

unloading unless the following conditions are met:

See below See below

3(b)1. All hoses, adaptors, and couplers in the vapor 

balance system are properly connected;

§63.11118(d), 

Table 2 to 

Subpart 

CCCCCC

If you own or operate a gasoline cargo tank

then you must not unload gasoline into a 

storage tank at a GDF subject to the control 

requirements in this subpart unless the 

following conditions are met: All hoses in 

the vapor balance system are properly 

connected.

The Federal rule is as 

stringent as the existing 

State rule.

3(b)2. All vapor return hoses, couplers, and adapters used 

in the gasoline delivery are vapor-tight;

§63.11118(d), 

Table 2 to 

Subpart 

CCCCCC

If you own or operate a gasoline cargo tank

then you must not unload gasoline into a 

storage tank at a GDF subject to the control 

requirements in this subpart unless the 

following conditions are met: All vapor 

return hoses, couplers, and adapters used in 

the gasoline delivery are vapor-tight.

The Federal rule is as 

stringent as the existing 

State rule.

3(b)3. All vapor return equipment is compatible with the 

vapor balance equipment installed on the gasoline 

dispensing facility storage vessel;

§63.11118(d), 

Table 2 to 

Subpart 

CCCCCC

If you own or operate a gasoline cargo tank

then you must not unload gasoline into a 

storage tank at a GDF subject to the control 

requirements in this subpart unless the 

following conditions are met: All vapor 

return hoses, couplers, and adapters used in 

the gasoline delivery are vapor-tight.

The Federal rule is as 

stringent as the existing 

State rule.

3(b)4. All hatches on the gasoline tank truck are kept 

closed and securely fastened; and

§63.11118(d), 

Table 2 to 

Subpart 

CCCCCC

If you own or operate a gasoline cargo tank

then you must not unload gasoline into a 

storage tank at a GDF subject to the control 

requirements in this subpart unless the 

following conditions are met: All hatches on 

the tank truck are closed and securely 

fastened.

The Federal rule is as 

stringent as the existing 

State rule.
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Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule 

(1200-03-18-.24)

State Requirement Equivalent 

Federal Rule

Requirement Comments

3(b)5. The filling of storage vessels at gasoline dispensing 

facilities is limited to unloading by vapor-tight 

gasoline tank trucks.

§63.11118(d), 

Table 2 to 

Subpart 

CCCCCC

The filling of storage tanks at GDF shall be 

limited to unloading from vapor-tight 

gasoline cargo tanks. Documentation that 

the cargo tank has met the specifications of 

EPA Method 27 shall be carried with the 

cargo tank, as specified in §63.11125(c).

The Federal rule is as 

stringent as the existing 

State rule.

(4)(a) and (c) Test methods as follow apply: Unless otherwise 

specified in this rule, the test method found in Rule 

.85 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; or other methods necessary for 

demonstration of compliance approved by the 

Technical Secretary and the EPA.

§63.11120 Each owner or operator, at the time of 

installation and every 3 years thereafter, 

must demonstrate compliance with the leak 

rate and cracking pressure requirements, 

specified in item 1(g) of Table 1 and must 

demonstrate compliance with the static 

pressure performance requirement specified 

in item 1(h) of Table 1 by conducting a 

static pressure test.

Each owner or operator choosing to use a 

vapor balance system other than that 

described in Table 1 must demonstrate to 

the Administrator or delegated authority the 

equivalency of their vapor balance system to 

that described in Table 1.

The Federal rule is more 

stringent than the existing 

State rule.

(5) Notification, Recordkeeping and Reporting 

requirements: submit initial compliance 

certifications, testing notification, threshold 

exceedance notification. Maintain records 

documenting exemption from State Stage I 

requirements. Submit excess emissions reports.

§63.11118, 

§63.11124 

through 

§63.11126

Have records available within 24 hours of a 

request to document gasoline throughput. 

Comply with Federal notification 

requirements. Maintain records of all tests 

performed under §63.11120(a) and (b), keep 

records of vapor tightness tests, keep 

records of malfunctions. Submit reports of 

volumetric efficiency test results and 

malfunction reports. 

The Federal rule is as 

stringent as the existing 

State rule. 

V. Request for SIP Revision
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Tennessee requests that EPA approve a SIP revision to replace Tennessee’s State-specific Stage I vapor recovery requirements (TAPCR 1200-03-18-.24) 

with the equivalent Federal requirements. Tennessee is proposing to adopt State-specific applicability requirements as need to assure no change in Stage I 

applicability for the counties covered by the SIP (Blount, Carter, Cheatham, Davidson, Dickson, Fayette, Hamilton, Hawkins, Haywood, Jefferson, Knox, 

Loudon, Marion, Meigs, Montgomery, Putnam, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington, 

Williamson, and Wilson). Approval of the SIP revision will not adversely affect air quality for any criteria pollutant and satisfies all CAA requirements 

for removal of control measures.