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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

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- .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

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- .24 includes requirements for control of VOC emissions from filling of certain gasoline storage tanks in several Tennessee counti es using Stage I vapor recovery systems. EPA promulgated similar requirements for Stage I vapor recovery as 40 CFR 63 Subpart CCCCCC 1 

### . To eliminate the overlap of State and Federal requirements, Tennessee proposes to adopt 40 CFR 63 Subpart CCCCCC by ref

erence and remove the Stage I SIP requirements of TAPCR 1200

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- .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 revi sed State requirements will be as stringent as or more stringent than the comparable Federal requirements.

2. T his document includes a comparison that demonstrates the equivalence of State and Federal Stage I requirements.

II. Applicability of Tenness ee’s Stage I R equirements 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 St ate 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.

1 73 FR 1945, Jan. 10, 2008

### 2 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 A ny 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

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- .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 th at 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

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- .24(3)(a)1 (gasoline storage vessels shall be loaded by submerge d fill); and

2. 1200

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- .24(5)(b)2 (i f 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 ).

### 3 Table 2: Federal Requirements for GDF (40 CFR 63 Subpart CCCCCC)

Affected Source Requirement General Description of Requirement 2



### Any GDF with a monthly throughput of less than 10,000 gallons of gasoline C omply 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

recyc ling devices, such as oil/water separators.
Any GDF with a monthly throughput of 10,000 gallons of gasoline or more C omply with §63.1111 7

. 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 C omply with §63.1111 8

. Comply with §63.11116 and §63.1111 7. Comply with

management practices in Table 1 of Subpart CCCCCC or

o perate 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 appl icability 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 gallo ns of gasoline or more must comply with the requirements in 40 CFR § 63.11118.

I II. Equivalence of Tennessee’s Stage I R equirements 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.

### 4 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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 dispen sing 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 o perator 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

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- .24(1) will maintain the stringency of the State rule.
(1)(b)1. With respect to requirements concerning transfers

from gaso line 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

### 5 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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 contr ol 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 F ederal rule is more stringent (g asoline storage
tanks < 250 exempt from the Federal submerged fil l 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 (g asoline 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 re quired 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.

### 6 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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. §63.1111 1(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 sourc e. 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 mo tor 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

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- .24(1) will maintain the stringency of the State rule.

(1)(b)2. Any gasoline dispensi ng 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

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- .24(1)(d) and (e) will maintain the stringency of
the State rule.

### 7 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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

facili ties 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.

### 8 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .24) State Requirement Equivalent
Federal Rule Requirement Comments

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

fa cilities 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 un der the following pre

EVR 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 operato r, at the time of
installation and every 3 years thereafter,

must demonstrate complia nce 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 owne r 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
stri ngent than the existing
State rule.

### 9 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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 i s 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 mor e than
6 inches from the bottom of
the tank. Submerged fill pipes not meeting the se 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

pr oviding 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),
Tab le 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.

### 10 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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, adapt ors, 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

t hen you must n ot 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

t hen you must n ot 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

t hen you must n ot unload gasoline into a storage tank at a GDF subject to the control requirements in this subpart unle ss 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

t hen you must n ot unload gasoline into a storage tank at a GDF subject to the control requirements in this subpart unless the following condition s are met: All hatches on the tank truck are closed and securely fastened. The Federal rule is as stringent as the existing
State rule.

### 11 Table 2: Comparison of Tennessee Stage I and Federal Requirements

State Rule (1200

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- .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 operato r, 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

pre ssure 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 aut hority 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

requireme nts : submit initial compliance certifications, test ing notification, threshold
exceedance notification. Maintain records documenting exemption from State Stage I requirements. Submit excess emissions reports. §63.11118, §63.11124 through §63.11126 H ave 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

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- .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, Wa shington, 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.