United States Environmental Protection Agency

General Permit or Permit by Rule for New or Modified 

Minor Sources of Air Pollution in Indian Country

http://www.epa.gov/air/tribal/tribalnsr.html

Background Document: Air Quality Permit by Rule for New or Modified True 

Minor Source Gasoline Dispensing Facilities in Indian Country

Version 1.0

Last Modified: March 23, 2015

1. Gasoline Dispensing Source Category Definition

A Gasoline Dispensing Facility (GDF) is any stationary facility that dispenses gasoline into the fuel tank of a motor 

vehicle, nonroad vehicle or equipment, including a nonroad vehicle or nonroad engine used solely for 

competition. The final Air Quality Permit by Rule for New or Modified True Minor Source Gasoline Dispensing 

Facilities in Indian Country only covers GDF facilities that are located at true New Source Review (NSR) minor 

sources. A GDF could also include equipment which dispenses diesel fuel. Furthermore, a GDF could be an 

operation supporting other activities at a facility which otherwise requires a permit.

2. Source Category Characterization

The GDFs subject to this Permit by Rule are locations at which fuels are delivered by tank trucks to service 

stations, and commercial accounts, and then transferred to a motor vehicle gasoline tank. GDFs include all retail 

outlets such as traditional gasoline service stations, convenience stores, truck stops, marinas, and hypermarkets 

(e.g., warehouse clubs and big box stores), as well as private and commercial outlets such as those for centrallyfueled fleets, government operations, and private businesses.1 This generally does not include airports offering 

aviation gasoline.

The operations and equipment at a typical GDF are described in AP 42, Chapter 5.2, Transportation and 

Marketing of Petroleum Liquids.2 Emissions of volatile organic compounds (VOC) at GDFs occur due to 

evaporation, displacement of vapors during unloading of the fuel into onsite storage tanks, displacement of 

vapors during refueling of vehicles, and breathing losses from the storage tanks. Emissions from GDF are 

generally divided into two categories: Stage I and Stage II. Emissions during unloading of the cargo (Stage I) are 

minimized by using submerged filling or bottom filling, in which the fill pipe opening is below the liquid surface 

level in the receiving tank. Liquid turbulence is controlled significantly during submerged/bottom filling, 

resulting in low vapor generation. Emissions during unloading can also be controlled with vapor balance. The 

vapors displaced from the receiving tank during unloading are routed back into the transport tank and returned 

to the loading terminal. 

Stage I vapor balance requires that the source control emissions from the storage tanks during unloading of the 

gasoline cargo from the tanker truck. This typically involves having an extra tube hooked up to the receiving tank 

to transfer VOC-laden vapors displaced from the tank back into the tanker truck, for processing/disposal back at 

the loading terminal. The requirements in 40 CFR 63, Subpart CCCCCC include a comprehensive set of Stage I 

vapor control requirements.

 

1 A more formal regulatory definition of GDF can be found at 40 CFR 63.11132.

2 AP 42, Chapter 5.2, Transportation and Marketing of Petroleum Liquids, June 2008, 

http://www.epa.gov/ttn/chief/ap42/ch05/index.html.
Page 2 of 18

Evaporative emissions from vehicle refueling and diurnal breathing (Stage II) can be controlled with vapor 

recovery devices.3 Recovery of vapors displaced from the vehicle fuel tank during refueling can be accomplished 

with pump-based controls or vehicle-based onboard refueling vapor recovery (ORVR) systems. Pump-based 

Stage II vapor recovery requires that the GDF equip its dispensing pumps with nozzles that recover the VOCladen fumes that are displaced from the vehicle fuel tank during fueling. A coaxial tube and special nozzle are 

designed to attach to the vehicles fuel port and recover vented fumes during filling. The recovered fumes are 

pumped back into the fuel storage tank. ORVR controls, whose phase-in began in 1998 for new vehicles, are 

installed by the vehicle manufacturer. Stage II storage tank breathing loss emissions are controlled by vent pipe 

pressure/vacuum valves and fuel spillage has been reduced by limits on pump dispensing rates and fuel spillage 

standards for vehicles. 4

The location of GDFs is highly correlated to human population density and vehicle traffic. The average GDF 

dispenses about 125,000 gallons per month (gpm). However, this value varies from under 10,000 gpm for some 

private outlets up to as much as 420,000 gpm in some very large retail outlets.5 This is a wide range of 

throughputs, and it can be concluded that gasoline throughput at GDFs varies significantly. 

3. State Minor Source Permit Programs

The U.S. Environmental Protection Agency (EPA) reviewed state government websites for general permits for 

GDFs. These state permits were examined for use in developing the Permit by Rule for GDFs in Indian Country. 

The EPA selected appropriate elements from the state permits (such as general permits, registrations, permits

by rule, etc.) in developing the documents and regulations for the Permit by Rule for this source category. 

Permit documents for GDFs issued by the States of Alabama, Arizona, California, Iowa, New Jersey, Ohio, 

Oregon, and Nevada were examined in developing this Permit by Rule. Permits from these states were chosen 

for examination because of several characteristics they possess:

 Readily available;

 Clear throughput limits;

 Degree of regulatory control depends upon the amount of throughput;

 Comprehensive set of regulations; and 

 Organization of the regulations followed the typical form for federal NSR permits:

o Limitations and standards, and

o Monitoring, testing, recordkeeping, and reporting requirements.

Typically, states do not require permits for facilities having gasoline throughputs less than 10,000 gallons per 

month. The state permits regulate VOC emissions from GDFs by regulating gasoline throughput and equipment 

requirements. Another common feature of these permits is that they replicate or incorporate by reference the 

requirements found in the Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for 

Source Category: Gasoline Dispensing Facilities (40 CFR Part 63, Subpart CCCCCC). No GDF is exempt from the 

GDF NESHAP regulation, but the requirements vary depending on monthly fuel throughput. These state permits 

contain requirements for: work practices, submerged filling, Stage I vapor balance equipment for storage tank 

filling, inspections, and recordkeeping/reporting for throughput. Some states have permits for both ozone 

 

3

Ibid.

4 Evaporation of fuel spillage is not included in the GDF emissions calculations, as they are considered as fugitive emissions 

for NSR purposes. 

5

See Tables 1 and 2 of the report, “Analysis of Future Options for Connecticut’s Gasoline Dispensing Facility Vapor Control 

Program,” Connecticut Department of Energy and Environmental Protection, June, 2012.
Page 3 of 18

attainment and nonattainment areas. The state permits for nonattainment areas, such as the State of New 

Jersey, contain additional requirements for Stage II vapor recovery equipment and testing. Although the EPA has 

determined that the widespread implementation of ORVR devices in the vehicle fleet have made Stage II vapor 

recovery unnecessary,

6

some states have not yet revised their State Implementation Plans (SIPs) to remove 

these requirements. 

The California Air Resources Board (CARB) has developed an extensive set of regulations for controlling VOC 

emissions from GDFs. The EPA is proposing to incorporate the CARB requirements for controlling standing losses 

from aboveground storage tanks at GDFs into this Permit by Rule as the additional requirement for facilities 

located in serious, severe, or extreme ozone nonattainment areas. 

4. Requirements for Permits by Rule

4.1 Documents for Permits by Rule

The EPA developed a standardized set of permit documents in support of the Permit by Rule for GDFs located in 

Indian Country. These consist of the following documents: 

 Questionnaire: Assists the facility owner or operator in determining whether they are eligible for the 

Permit by Rule;

 Screening Processes for Threatened and Endangered Species and Historic Properties: For the permits by 

rule, we have separated the screening processes from the Notification of Coverage Forms and created a 

separate document, “Procedures to Address Threatened and Endangered Species and Historic 

Properties for New or Modified True Minor Sources in Indian Country Seeking Air Quality Permits by 

Rule”;

 Notification of Coverage under the Permit by Rule: States the criteria for qualification, gathers 

information on the source, facility location, and source contact, requests technical information on the 

facility, the attainment status of the location, the facility’s actual emissions for those sources undergoing 

modifications; and requests that the source certify they will comply with the requirements, which are 

included in the rule for GDFs at 40 CFR 49.164;

 Instructions: Guides the applicant in filling out the Notification of Coverage under the Permit by Rule;

 Air Quality Permit by Rule, Terms and Conditions: Contains the requirements and regulations with which 

the source must comply. The emission limitations, monitoring, recordkeeping and reporting 

requirements are in the permit, as well as requirements for sources located in nonattainment areas. 

(Note that all of the requirements and regulations with which the source must comply in a permit by 

rule are included in the rulemaking action the EPA has taken for this source category at 40 CFR 49.164.); 

and

 Potential to Emit (PTE) Calculator Spreadsheet: Allows applicants to calculate their PTE, based on owner 

inputs of the number of refueling positions at the GDF, the ozone attainment status of the GDFs physical 

location, and assuming compliance with EPA standards and continuous operation throughout the year. 

The PTE Calculator spreadsheet generates potential emissions, based on these inputs. 

 

6

See EPA final rule, Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver, (77 FR 28772, 

May 16, 2012) and public docket EPA-HQ-OAR-2010-1076. 
Page 4 of 18

4.2 Exemption and Qualification for Permits by Rule

Facilities applying for the Permit by Rule must meet the following criteria:

 Must be a true NSR minor source; and

 Meet the emissions limitations established for the Permit by Rule.

New facilities with a PTE (or modifications to existing facilities with an emissions increase) lower than the minor 

NSR thresholds specified in the provisions of the Federal Indian Country Minor NSR Rule at 40 CFR 49.153 are 

exempt from the minor NSR program. The minor NSR thresholds are listed in Table 1 below. Facilities applying 

for the Permit by Rule may calculate their PTE using the PTE calculator provided to determine if their project is

below these thresholds and, thus, exempt from the minor NSR program. 

Table 1: Minor NSR Thresholds in 40 CFR 49.153

Pollutant Attainment Area Nonattainment Area

Carbon Monoxide (CO) 10 tons per year (tpy) 5 tpy

Particulate Matter 

(PM) 10 tpy 5 tpy

PM10 5 tpy 1 tpy

PM2.5 3 tpy 0.6 tpy

Sulfur Dioxide (SO2) 10 tpy 5 tpy

Nitrogen Oxides (NOX) 10 tpy 5 tpy

VOC 5 tpy 2 tpy

Under current EPA policy, only true NSR minor sources qualify for the Permit by Rule. Therefore, facilities will be 

required to compare their PTE to the NSR major source thresholds to determine if they qualify for the Permit by 

Rule. The NSR major source threshold for attainment areas is 250 tpy for any criteria pollutant. The NSR major 

source thresholds for nonattainment areas are summarized in Table 2 below:

Table 2: NSR Major Source Thresholds for Nonattainment Areas

Pollutant Nonattainment Classification NSR Major Source Threshold

Ozone Marginal 100 tpy of VOC or NOX

Moderate 100 tpy of VOC or NOX

Serious 50 tpy of VOC or NOX

Severe 25 tpy of VOC or NOX

Extreme 10 tpy of VOC or NOX

PM10 Moderate 100 tpy

Serious 70 tpy

CO Moderate 100 tpy

Serious 50 tpy

SO2, NO2, PM2.5 No nonattainment classification 100 tpy

If the facility’s PTE is above the NSR major source threshold of 250 tpy, or above any applicable nonattainment 

area thresholds listed in Table 2 (for any pollutant for which the area in which the source is locating or modifying 

is designated nonattainment), then the facility does not qualify for the Permit by Rule. The following documents 

are available to assist sources in the screening and application process: 
Page 5 of 18

 Questionnaire;

 Notification for Coverage under the Permit by Rule; 

 Instructions for the Notification for Coverage under the Permit by Rule; and

 PTE calculator.

For facilities not exempt from the minor NSR program and having a PTE below the NSR major source thresholds, 

the facilities will further evaluate if they could meet the throughput limits and operating requirements 

established in this Permit by Rule. The specific requirements for the Permit by Rule are discussed in Sections 4.3 

and 4.4. The emissions associated with the throughput limits are lower than the NSR major source thresholds 

and were derived as described below in Section 5. 

4.3 Specific Permit Requirements for Permits by Rule

The terms and conditions of the Permit by Rule are based on the required permit content and analyses in the 

Tribal Minor NSR Rule. The required permit content is listed in 40 CFR 49.155(a) – What information must my 

permit include? Below we describe the basis for the permit conditions.

40 CFR 49.155(a)(1) – General Requirements

The rule establishes general requirements that each permit must identify: the effective date of the permit; the 

date by which the owner/operator must commence construction in order for the permit to remain valid; the 

emission units subject to the permit and their associated emission limitations; and monitoring, recordkeeping, 

and reporting requirements to assure compliance with the emission limitations. The Permit by Rule contains all 

of this required information, except for the emission units subject to the permit. Because of the nature of 

permits by rule we believe it is more appropriate to identify the emission units covered by the Permit by Rule in 

the Notification of Coverage. Each permit contains a separate section that specifically identifies the emission 

limitations and standards, monitoring and testing, recordkeeping, and reporting and notification requirements.

The General Terms and Conditions in the Permit by Rule are a standardized set of boilerplate conditions 

included with permits by rule. 

40 CFR 49.155(a)(2) – Emission Limitations

The permit must contain the emission limitations determined by the reviewing authority under 40 CFR 49.154(c) 

for each affected emissions unit. 40 CFR 49.154(c) – How will the reviewing authority determine the emission 

limitations that will be required in my permit? – identifies the case-by-case control technology review that must 

be used by the reviewing authority to determine the appropriate level of control. In carrying out the case-bycase control technology review, the reviewing authority must consider the following factors:

1. Local air quality conditions;

2. Typical control technology or other emission reduction measures used by similar sources in surrounding 

areas;

3. Anticipated economic growth in the area; and

4. Cost-effective emission reduction alternatives.

In addition, the reviewing authority must require a numerical limit on the quantity, rate or concentration of 

emissions for each regulated NSR pollutant emitted by each affected emissions unit, for which such a limit is 

technically feasible. The emission limitation required may also be included as pollution prevention techniques, 

design standards, equipment standards, work practices, operational standards or any combination thereof. 

However, the emission limitations must assure that each affected emission unit will comply with all 

requirements of 40 CFR parts 60, 61, and 63, as well as any federal or tribal implementation plans that apply to 
Page 6 of 18

the unit. Finally, the emission limitations required may not rely on a stack height that exceeds good engineering 

practice or any other dispersion technique, except as allowed by 40 CFR 51.118(b). To address the requirements 

for establishing emission limitations the following considerations were used for setting the limits in the Permit 

by Rule for GDFs:

1. Local air quality conditions – To address this requirement, the Permit by Rule is not intended to apply to 

Title V major sources. For GDFs locating in serious, severe, or extreme ozone nonattainment areas 

throughput limits are necessary to ensure sources are below the applicable Title V major source (and 

major NSR) thresholds. As a result, GDFs locating in areas with worse air quality conditions must have 

less potential emissions. The Permit by Rule also includes specific emission limitations on aboveground 

storage tanks in those areas. The additional control requirements for nonattainment areas are discussed 

in Section 4.3.1. The derivation of emission limitations and the throughput limits in the applicability 

questionnaire, application, and Emission Limitations and Standards section of the Permit by Rule are 

discussed fully in Section 5. 

2. Typical control technology or other emission reduction measures used by similar sources in surrounding 

areas – For sources locating in attainment areas we looked at the control requirements specified by 40 

CFR parts 60, 61 and 63. These regulations establish minimum technology and emission limitations that 

must be met nationally and also meet the requirements of 40 CFR 49.154(c)(4) to ensure compliance 

with parts 60, 61, and 63. For this Permit by Rule we considered regulations that apply to the equipment 

at GDFs:

 40 CFR 63 Subpart CCCCCC – National Emission Standards for Gasoline Dispensing Facilities;

 40 CFR 63 Subpart ZZZZ – National Emission Standards for Hazardous Air Pollutants for 

Stationary Reciprocating Internal Combustion Engines;

 40 CFR 60 Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal 

Combustion Engines;

 40 CFR 60 Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal 

Combustion Engines; and

 State permit examples.

Note that 40 CFR 60 Subpart Kb - Standards of Performance for Volatile Organic Liquid Storage Vessels 

(Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification 

Commenced after July 23, 1984 – does not apply to GDFs. See 40 CFR 60.110b(b)(6). 

These regulations cover emissions from the following equipment at GDFs:

 Gasoline storage tanks and filling operations;

 Gasoline pumping operations; and

 Emergency stationary engines.

Review of the regulations resulted in permit conditions requiring GDFs to meet the requirements for 

GDF that have a throughput of 100,000 gallons per month or more. This requires the GDFs to meet 

Stage I vapor recover requirements, use submerged filling, and to minimize emissions from spills and 

open containers. Certain small gasoline storage tanks are exempt from the Stage I vapor recovery 

requirements. Tanker tanks unloading gasoline into storage must meet certain work practice standards 

for reducing emissions. 
Page 7 of 18

Emergency engines, based on model year, must be certified to existing emission standards and those 

engines not required to be certified have to meet certain maintenance requirements. Those engines

using fuel oil must use diesel or biodiesel with a sulfur content not to exceed 15 parts per million (ppm). 

List of requirements in 40 CFR 63 Subpart CCCCCC, 40 CFR 60 Subpart IIII, and 40 CFR 60 Subpart ZZZZ:

 40 CFR 63.11116(a) – requirement to minimize vapor releases;

 40 CFR 63.11117(b) – requirement to use submerged filling;

 40 CFR 63.11117(c) – exception of certain tanks from 63.11117(b);

 40 CFR 63.11118(b)(1) - requirement to use Stage I dual-point vapor balance systems;

 40 CFR 63.11118(c) – exception of certain tanks from 63.11118(b)(1);

 40 CFR 63.11118(d) – requirements for cargo tanks;

 40 CFR 63.11120(a) – initial and ongoing testing requirements;

 Table 1 to Subpart CCCCCC of 40 CFR 63 – management practices;

 Table 2 to Subpart CCCCCC of 40 CFR 63 – management practices for a cargo tanks;

 40 CFR 60.4205 and 60.4202 – certification requirements for emergency compression ignition 

engines;

 40 CFR 60.4207 – fuel requirements for diesel;

 40 CFR 60.4233 and 60.4231 – certification requirements;

 40 CFR 63.6603(a) – requirements for existing emergency engines at area sources;

 40 CFR 63.6604 – fuel requirements;

 40 CFR 63.6640 – compliance requirements; and

 Table 2d to Subpart ZZZZ of 40 CFR 63 – compliance requirements.

3. Anticipated economic growth in the area – The reviewing authority may consider anticipated economic 

growth when determining whether coverage under the Permit by Rule is justifiable. Considering, 

however, that the Permit by Rule sets emission standards that are consistent with what is required by 

GDFs across the country in both attainment and non-attainment areas, we expect that this will rarely be 

a factor. 

4. Cost-effective emission reduction alternatives – The Permit by Rule sets emission standards that are 

consistent with what is required by GDFs across the country, based on the ozone status of the area 

where the source is locating. As such, the chosen technologies are considered widely available and 

consideration of more cost-effective alternatives is not necessary at this time. We intend to periodically 

review technology costs in the future to determine when more stringent, cost-effective technologies 

become widely available.

40 CFR 49.155(a)(3) – Monitoring Requirements

The Permit by Rule must include monitoring that is sufficient to assure compliance with the emission limitations 

that apply to the source. The Permit by Rule requires monitoring of the vapor control recover systems on a 

weekly basis to determine whether the equipment is in good working order. For sources located in extreme 

ozone nonattainment areas, this monitoring shall be performed daily. The Permit by Rule also requires initial 

performance testing to ensure the vapor recovery systems were designed properly. If located in a serious, 

severe, or extreme ozone nonattainment the permittee must also monitor the monthly gasoline throughput.
Page 8 of 18

40 CFR 49.155(a)(4) – Recordkeeping Requirements

The Permit by Rule must include recordkeeping that is sufficient to assure compliance with the emission 

limitations and monitoring requirements, including certain statements listed in 40 CFR 49.155(a)(4)(i) and (ii). In 

addition to the recordkeeping requirements in 40 CFR 49.155(a)(4)(i), the Permit by Rule also requires records of 

the weekly (or daily) inspections of the vapor recovery systems, the maintenance and use of emergency engines, 

and the results of each performance test required. If located in a serious, severe, or extreme ozone 

nonattainment area, the permittee must maintain records of monthly gasoline throughput and the 12-month 

rolling total of gasoline throughput.

40 CFR 49.155(a)(5) – Reporting Requirements

The Permit by Rule includes the reporting requirements listed in 40 CFR 49.155(a)(5)(i) and (ii) related to annual 

reports and reporting of deviations. 

40 CFR 49.155(a)(6) – Severability Clause

The Permit by Rule includes a severability clause to ensure the continued validity of the other portions of the 

permit in the event of a challenge to a portion of the permit.

40 CFR 49.155(a)(7) – Additional Provisions

The Permit by Rule contains the additional provision required for each permit. These conditions are found in the 

General Provisions section of the Permit by Rule.

4.3.1 Requirements for Sources Located in Nonattainment Areas

For sources located in nonattainment areas we looked at the control requirements required in other 

nonattainment areas in the country, specifically:

 South Coast Air Quality Management District (AQMD) Rule 461 Gasoline Transfer and Dispensing –

this rule is in an ozone nonattainment area (South Coast AQMD Rule 461)

Beyond what is already required for attainment areas in the Permit by Rule, this rule also has additional 

requirements for aboveground storage tanks (ASTs). Please see Section 4.3.2 for a discussion on why the Permit 

by Rule does not require Stage II controls. The certification procedure for ASTs is CP-206. CP-206 requires ASTs 

to meet standing loss emission limitations of 0.57 lbs VOC per 1,000 gallons per day for new ASTs and 2.26 lbs

VOC per 1,000 gallons per day for modified or reconstructed ASTs. This requirement is included in the Permit by 

Rule as well as the applicable testing procedure to demonstrate compliance. The other limits that apply to 

attainment areas in the Permit by Rule also apply to nonattainment areas. 

4.3.2 Additional Considerations not included in the Permit by Rule

The Permit by Rule does not include Stage II vapor recovery which is common in some state permits reviewed. 

The reasons for not including these limits in this Permit by Rule are explained below:

Stage II Vapor Recovery: State permits for GDFs located in serious, severe, or extreme ozone nonattainment 

areas typically require that the gasoline dispensing pumps be equipped with Stage II vapor recovery equipment. 

Stage II controls were originally required in Section 182(b)(3) of the Clean Air Act (CAA), 42 U.S.C. 7511a(b)(3). 

The EPA promulgated rules requiring the installation of ORVR in all new motor vehicles. ORVR equipment7

 

7

See the EPA website http://epa.gov/otaq/orvr.htm for more information on ORVR.
Page 9 of 18

replaces the need for Stage II vapor recovery at GDFs, and ORVR is being phased in to the motor vehicle fleet as 

older motor vehicles are replaced. The Congress recognized that ORVR and Stage II controls would eventually 

become redundant as the motor vehicle fleet turned over and thus included a provision that would allow states 

that had adopted Stage II requirements under section 182(b)(3) to remove those controls after the EPA found 

that ORVR was in widespread use in the motor vehicle fleet. On May 16, 2012, the EPA announced its finding 

that ORVR was in widespread use and Stage II was no longer required under section 182(b)(3) of the CAA for 

serious, severe, and extreme nonattainment areas.

8 However, states still need to revise their SIPs to remove it 

and address sections 110(l), 184(b)(2), and 193 requirements. Due to the time lag required to revise SIPs, state 

permits still contain Stage II requirements. The widespread use determination by the EPA indicates that ORVR is 

the governing control technology now and into the future. Therefore, Stage II vapor recovery is not required in 

this Permit by Rule for new or modified GDFs in tribal areas. However, the GDF Permit by Rule is not available 

for GDFs locating or modifying within the geographical boundaries of the State of California. Stage II vapor 

recovery continues to be in widespread use in California due to the significant air quality problems in that area. 

EPA may later develop a general permit or permit by rule applicable within California.

4.4 Information on Completing Screening Processes Prior to Submitting a Notification of 

Coverage under the Permit by Rule

Prior to seeking coverage under this Permit by Rule, sources must obtain confirmation from the EPA that the 

source has satisfactorily completed the screening processes specified for the Endangered Species Act and the 

National Historic Preservation Act. The document entitled “Procedures to Address Threatened and 

Endangered Species and Historic Properties for New or Modified True Minor Sources in Indian Country

Seeking Air Quality Permits by Rule,” contains EPA’s guidance to assist sources in completing these processes.

5. Emission Limitations9 and Surrogate Throughput Limits

5.1 Developing the Surrogate Limits and Limitations

The EPA evaluated the emissions from equipment in use at a typical GDF. VOC is the primary pollutant of 

concern. The EPA examined the minor NSR thresholds for VOC (shown in Table 1 above) and derived the 

corresponding fuel throughput applicability limits for sources in attainment, unclassifiable or 

attainment/unclassifiable areas and nonattainment areas (see Table 3). These are the fuel throughput levels 

corresponding to the PTE of VOC at which the NSR rule becomes applicable to a GDF. 

The EPA used the pollutant emissions levels from the minor source NSR applicability thresholds in Table 1 of 40 

CFR 49.153 (Review of New Sources and Modifications in Indian Country) to back calculate the gasoline 

throughput limits for permit applicability for attainment and nonattainment areas as shown in Table 3. VOC 

emissions due to storage tank refilling, displacement from the vehicle tank, and storage tank breathing losses 

are calculated using emission factors from AP 42, Chapter 5.2, Transportation and Marketing of Petroleum 

Liquids, and recent EPA guidance10 and findings,

11 based on the throughput of gasoline. Stage I and Stage II type 

 

8

See EPA final rule, Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver, (77 FR 28772, 

May 16, 2012) and public docket EPA-HQ-OAR-2010-1076.

9 The definition of emission limitation used in this Background Document is the one provided in the Indian Country NSR rule 

(described in Section 4.3) and includes requirements established by the reviewing authority that relate to the operation of a 

source, which allows for the use of production throughput limits.

10 U.S.EPA, Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and 

Assessing Comparable Measures, EPA-457/B-12-001, August 7, 2012.
Page 10 of 18

emissions occur with diesel fuel dispensing operations but they are very low. The true vapor pressure of diesel 

fuel is only about 0.2 percent of 7 psi RVP gasoline at 70°F. For completeness, the PTE calculator provided as 

part of this Permit by Rule includes diesel emissions but these in total would be very small in comparison to 

gasoline vapor emissions. For 2014, a gasoline throughput of 2,105,263 gallons per year was determined to be 

equivalent to 2 tpy of VOC emissions. This is the NSR pollutant emission applicability threshold for ozone 

nonattainment areas. Similarly, for 2014, a gasoline throughput of 4,016,064 gallons per year was determined to 

be equivalent to 5 tpy of VOC emissions. This is the NSR pollutant emission applicability threshold for ozone 

attainment areas. Sample calculations showing how these throughputs were determined are shown in Appendix 

A. It should be noted that these calculations are for 2014, and the results would be different (and throughput 

limits likely larger) for later years.

 Table 3. Lower Fuel Throughput Limits for 2014

Attainment Status

Lower Fuel Throughput Limits 

(gallons/year)

Ozone Attainment, 

Unclassifiable or 

Attainment/Unclassifiable

Areas

4,016,064

Ozone Nonattainment Areas 2,105,263

These emission numbers assume that all GDFs that dispense more than 1,200,000 gallons per year will be using 

Stage I vapor controls, as required under 40 CFR 63.11118. These emission numbers also assume that 82% of the 

motor vehicle fleet has ORVR installed12 and this will reduce displacement emissions during refueling by about 

80%. As the percentage of the vehicle fleet with ORVR installed increases over time, the emissions of VOC during 

refueling will decrease. Table 4 shows the EPA’s estimate of the percentage of the vehicle fleet with ORVR.

 Table 4: Percent of Vehicle Fleet with ORVR

Year % ORVR

2011 72%

2014 82%

2020 92%

2025 96%

In order to determine if an upper gasoline throughput limit was necessary for GDFs located in ozone attainment, 

unclassifiable or attainment/unclassifiable areas, the EPA examined the throughputs of gasoline that would 

correspond to emissions of VOC at NSR major source levels. The EPA examined if there is a natural ceiling on the 

amount of fuel a single GDF can dispense. A study of Canadian gasoline retailers found that the average gasoline 

retailer dispensed 3.22 million liters (850,634 gallons) of fuel per year in 2010. The largest retailers had average 

sales of 8 million liters, while some had maximum throughputs in excess of 10 million liters (2.64 million gallons). 

This data indicates that GDFs do have some practical upper limit on the amount of gasoline that can be sold at a 

single gasoline station. The traffic congestion and wait times at the pumps at a gasoline station serve as a 

 

11 Glenn Passavant, OTAQ, Memorandum to Public Docket EPA-HQ-OAR-2010-1076, Updated Data for ORVR Widespread 

Use Assessment, 2012.

12 Glenn Passavant, OTAQ, Memorandum to Public Docket EPA-HQ-OAR-2010-1076, Updated Data for ORVR Widespread 

Use Assessment, 2012.
Page 11 of 18

bottleneck on the potential emissions of VOC due to vehicle tank refueling. A throughput of 2,640,000 gallons of 

fuel per year results in approximately 2.6 tons of VOC emissions for a GDF located in an ozone nonattainment 

area. This is well below the NSR major source threshold. 

This line of reasoning is further reinforced by use of the PTE calculator. For 2014, to reach emissions of 5tpy a 

GDF would have to pump 5.3 million gallons per year or 440,000 gallons per month. This is at the high end of 

population estimates identified in analysis conducted by the New York Department of Environmental 

Conservation. The widespread implementation of ORVR, reformulated gasoline blends for nonattainment areas, 

and studies showing decreased spillage losses all contribute to lower emissions at GDFs per gallon of throughput 

in the future. Thus, the EPA has determined that generally upper limits on fuel throughput are not necessary. 

However, to help ensure that GDFs permitted through this Permit by Rule remain small sources, the EPA has 

developed VOC containing material usage emission limitations as a surrogate for establishing ton per year 

emission limitations for sources in attainment, unclassifiable or attainment/unclassifiable areas and 

nonattainment areas. The material usage limits in the Permit by Rule reflect the emission rates listed in Table 6. 

For GDFs located in serious, severe or extreme ozone nonattainment areas, the Permit by Rule limits throughput 

of gasoline to less than 8,000,000 gallons per year based on a 12-month rolling total (See Appendix B for the 

calculation of this throughput limit). For GDFs located in attainment, unclassifiable or attainment/unclassifiable

areas and marginal or moderate ozone nonattainment areas, the Permit by Rule limits throughput of gasoline to 

less than 25,000,000 gallons per year based on a 12-month rolling total (See Appendix C for the calculation of 

this throughput limit).

 

Table 5: Emission Rates used to Determine Emission Limitations for Gasoline Dispensing Facilities

Pollutant of Concern Serious, Severe or Extreme Ozone 

Nonattainment Areas

Ozone Attainment, Unclassifiable 

or Attainment/Unclassifiable

Areas and Moderate or Marginal 

Ozone Nonattainment Areas

VOC 7.52 tpy 25 tpy

The Permit by Rule includes the throughput limits listed in Table 6 below as surrogates for the ton per year 

emission rates listed in Table 5 for gasoline dispensing facilities located in ozone nonattainment and ozone 

attainment, unclassifiable or attainment/unclassifiable areas. The EPA developed the throughput limits for 

sources in both attainment and nonattainment areas based on (1) the emission rates in Table 5 and (2) 

assumptions similar to the ones described above for the calculations of throughput limits that correspond to the 

minor source thresholds. The throughput limits serve as surrogate emissions limitation and are set at levels

intended to ensure that GDFs under this Permit by Rule remain minor sources.

Table 6: Surrogate Throughput Emission Limitations for Gasoline Dispensing Facilities

Throughput Limit Serious, Severe or Extreme 

Ozone Nonattainment Areas

Ozone Attainment, 

Unclassifiable or 

Attainment/Unclassifiable

Areas and Moderate or 

Marginal Ozone Nonattainment 

Areas

Gasoline usage 8,000,000 gallons/year 25,000,000 gallons/year

 
Page 12 of 18

5.2 Emission Limitations

Three considerations form the basis for the upper limits for the GDF Permit by Rule:

1. Are there any EPA regulation-based emission limitations?

2. Where do state programs establish eligibility limits?

3. Is there a natural ceiling on the amount of gasoline a single GDF can dispense?

5.2.1 EPA Regulation-Based Emission Limitations

There are no EPA regulations-based emission limitations for GDFs in any NSPS or NESHAP regulations. If a source 

were to have potential emissions at or above major source levels (100 tpy of VOC), then a Title V permit would 

be necessary. However, it is unlikely for a GDF to have potential VOC emissions that would require a Title V 

permit. The amount of fuel throughput corresponding to 100 tpy of potential emissions (Title V major source 

levels) far exceeds the reasonable capacity of even the largest GDFs to accommodate the vehicular and tanker 

truck traffic in and out of the refueling facility. The EPA also considered writing the Permit by Rule with an upper 

limit on fuel throughput for GDFs located in ozone nonattainment areas. The EPA determined that an upper limit 

on fuel throughput (or surrogate emissions limitations) for these GDFs is not necessary for most areas, but 

included one for serious and above ozone nonattainment areas as extra air quality protection. 

In order to ensure that a GDF Permit by Rule would not be a Title V major source because it was a major source 

of hazardous air pollutants (HAP), the EPA examined the HAP content of the VOC emissions. The emission levels 

at which a new or modified source becomes a major source of HAP are 10 tpy for a single HAP or 25 tpy for any 

combination of HAPs. The EPA tested the HAP content in the vapor of normal gasoline,

13 and determined that a 

single HAP in gasoline vapor was present at an average of 1.6% by weight and a maximum of 4.4% by weight. 

Total HAPs were present in gasoline vapor at an average of 4.8% by weight and a maximum of 11% by weight. 

Material Safety Data Sheets for typical gasoline blends were evaluated and it was determined that single HAPs 

are present in liquid fuels at an average concentration of 25% and total HAPs are present in liquid fuels at an 

average concentration of 65%. The EPA used this HAP content information and calculated the HAP emissions 

from vapor emissions and liquid spillage at GDFs, assuming that all HAPs in any liquids spilled would volatize 

completely. A GDF is not a major source for HAP until the VOC emissions are above approximately 200 tpy. 

Therefore, there is no concern that a GDF operating under a permit by rule could be a major source of HAP 

emissions. 

5.2.2 State Program Limitations

The throughput limits and emission limitations in state permits vary considerably. The Arizona general permit 

has a lower applicability throughput limit of 6,000,000 gallons per year and an upper limit of 13,500,000 gallons 

per year. The Alabama, California, and Nevada general permits that were examined have no explicit lower or 

upper throughput limits, but are required for all GDFs subject to Subpart CCCCCC. Linn County in the State of 

Iowa issues separate permits for facilities with throughputs greater than 10,000 gallons per month and facilities 

with throughputs greater than 100,000 gallons per month. There is no upper limit on gasoline throughput in the 

latter permit. New Jersey has two general permits with no lower throughput limits. The first permit has an upper 

throughput limit of 120,000 gallons per year and the second permit has an upper throughput limit of 6,000,000 

gallons per year. Ohio permits have three different lower throughput limits (5,000, 10,000, and 50,000 gallons 

 

13 US EPA, OAQPS, “Gasoline Distribution Industry (Stage 1) – Background Information for Proposed Standards,” EPA-453/R94-002a, January 1994
Page 13 of 18

per month) depending on the county of location and if the facility has Stage I or Stage II controls installed. There 

is no upper limit on gasoline throughput in the Ohio permits. The State of Oregon has two general permits for 

gas dispensing facilities. Their throughput limits vary depending upon the attainment status of the county in 

which the GDF is located. One permit has a lower limit of 10,000 gallons per month and an upper emissions 

limitation of 39 tpy of VOC and applies to GDFs using Stage 1 recovery. The other permit applies to facilities in 

specific nonattainment counties that dispense greater than 600,000 gallons of gasoline per year. The only 

commonality noticed in the lower and upper thresholds in state permits is that some of the state permits follow 

the limits in NESHAP Subpart CCCCCC of 10,000 and 100,000 gallons per month. States with no ozone 

nonattainment areas tended to have no upper limits on throughput, while urbanized states set upper 

throughput limits or emissions limitations in their general permits. Table 5 shows the limits imposed by GDF 

permits for the states reviewed.

 Table 5: State GDF Permit Limits and Limitations

State Lower Gasoline 

Throughput Limits

Upper Gasoline 

Throughput Limits

Upper Pollutant 

Emission 

Limitations

Special 

Requirements

Alabama None * N/A N/A

Arizona 6,000,000 gallons/year 13,850,000 gallons/year N/A

California None * N/A N/A

Iowa 10,000 gallons/month 100,000 gallons/month N/A

Iowa 100,000 gallons/month None N/A

New Jersey N/A 120,000 gallons/year 0.74 tons VOC/year Using only Stage I

vapor recovery

New Jersey N/A 6,000,000 gallons/year 1.8 tons VOC/year Using Stage II vapor 

recovery

Nevada None * N/A N/A

Ohio 5,000 gallons/month < 10,000 gallons/month N/A Stage I vapor recovery

Ohio 10,000 gallons/month < 50,000 gallons/month N/A Stage II vapor recovery

Ohio 50,000 gallons/month N/A N/A Stage II vapor recovery

Oregon ≥ 10,000 gallons/month N/A 39 tons VOC/year Subject to Stage I

vapor recovery 

Oregon ≥ 600,000 gallons/year 25,100,000 gallons/year 39 tons VOC/year Subject to Stage II

vapor recovery 

* Permit required for all GDFs subject to 40 CFR 63, Subpart CCCCCC.
Page 14 of 18

References:

40 CFR 49.1 – 40 CFR 49.173, Indian Country Air Quality Planning and Management.

http://www.gpo.gov/fdsys/pkg/CFR-2011-title40-vol1/pdf/CFR-2011-title40-vol1-part49.pdf

40 CFR 52.21, Prevention of Significant Deterioration of Air Quality.

http://www.gpo.gov/fdsys/pkg/CFR-2007-title40-vol3/xml/CFR-2007-title40-vol3-sec52-21.xml

40 CFR Part 63, Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants for Gasoline 

Dispensing Facilities.

http://www.epa.gov/ttnatw01/gasdist/gasdispg.html

Alabama, Department of Environmental Management, Air Permit Application for Gasoline Dispensing Facilities.

http://adem.alabama.gov/DeptForms/Form197.pdf

AP 42, Fifth Edition, Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, 

U.S. Environmental Protection Agency. http://www.epa.gov/ttnchie1/ap42/

Arizona, Pima County Dept. of Environmental Quality, “General Air Quality Operating Permit for NESHAP 

Gasoline Dispensing Facilities.” http://www.deq.pima.gov/permits/PDF/GDF/GDF.pdf

California Environmental Protection Agency, Air Resources Board, “CP-206 - Certification Procedure for Vapor 

Recovery Systems at Gasoline Dispensing Facilities Using Aboveground Storage Tanks.” 

http://www.arb.ca.gov/regact/2007/ast07/ast07.htm and

http://www.arb.ca.gov/regact/2007/ast07/frocp206.pdf

California, San Diego Air Pollution Control District, Equipment Specific Permitting Guidelines, Gasoline 

Dispensing Facilities.” http://www.sdapcd.org/permits/EquipGuide/gasoline_dispensing.pdf

Federal Register, U.S. Environmental Protection Agency, Vol. 76, No. 127, July 1, 2011, Pages 38748-38808, 

“Review of New Sources and Modifications in Indian Country; Final Rule.”

http://www.gpo.gov/fdsys/pkg/FR-2011-07-01/html/2011-14981.htm

Glenn Passavant, U.S. Environmental Protection Agency, Office of Transportation and Air Quality, Memorandum 

to Public Docket EPA-HQ-OAR-2010-1076, Updated Data for ORVR Widespread Use Assessment, 2012.

Iowa, Linn County Public Health Air Quality General Permit for a Large Gasoline Dispensing Facility. 

http://www.linncleanair.org/Content/Regulations/Requirements-for-Gasoline-Dispensing-Facilities.aspx

Material Safety Data Sheets for Commercial Gasolines. http://www.docs.citgo.com/msds_pi/UNLEAD.pdf 

http://www.mcohio.org/services/risk/docs/MSDS_for_Gasoline.pdf and 

http://www.valero.com/V_MSDS/002%20-%20UNLEADED%20GASOLINE.pdf

Nevada, Division of Environmental Protection, Class IV Operating Permit for Gasoline Dispensing Facilities.

http://ndep.nv.gov/baqp/technical/class4.html

New Jersey, Dept. of Environmental Protection, “General Permit Storage and Transfer of Service Station Fuels 

Using Only Stage 1 Vapor Recovery.” http://www.nj.gov/dep/aqpp/downloads/general/GP-014.pdf and 
Page 15 of 18

“General Permit Storage and Transfer of Service Station Fuels at Gasoline Dispensing Facilities.” 

http://www.nj.gov/dep/aqpp/downloads/general/GP004.pdf

Ohio Environmental Protection Agency. http://www.epa.ohio.gov/dapc/engineer/stgtc.aspx

Oregon Dept. of Environmental Quality. http://www.deq.state.or.us/aq/permit/acdp/general.htm 

U.S. Environmental Protection Agency, “Summary of Regulations Controlling Emissions from Gasoline Dispensing 

Facilities (GDF).” http://www.epa.gov/ttn/atw/area/gdfb.pdf

U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, “Gasoline Distribution 

Industry (Stage 1) – Background Information for Proposed Standards,” EPA-453/R-94-002a, January 1994.

http://nepis.epa.gov/Exe/ZyNET.exe/2000H4F5.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1991+Thru+19

94&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYea

r=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data

\91thru94\Txt\00000015\2000H4F5.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-

&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSe

ekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1

&SeekPage=x&ZyPURL

U.S. Environmental Protection Agency, “Guidance on Removing Stage II Gasoline Vapor Control Programs from 

State Implementation Plans and Assessing Comparable Measures,” EPA-457/B-12-001, August 7, 2012.

http://www.epa.gov/glo/pdfs/20120807guidance.pdf

Western States Petroleum Association, “Underground Storage Tank Vent Line Emissions from Retail Gasoline 

Outlets,” AV-FR-92-01-204R2, May 1994.
Page 16 of 18

Appendix A: Emissions Calculations for Lower Throughput Thresholds for GDFs for 2014

Key for Calculations:

Abbreviation Description

VOC 

Emission 

Factor

(lbs/1,000 

gallons)

STF Storage Tank Filling Losses 0.30

STB Storage Tank Breathing Losses 0.25

DIS-A Dispensing Losses – Attainment, Unclassifiable or Attainment/Unclassifiable Area 1.91

DIS-NA Dispensing Losses – Nonattainment Area 1.33

TP Gasoline Throughput (gallons/year) NA

CF Conversion Factor (1 ton/2,000 lbs) 1 / 2,000

EF Emission Factor -

Note: Calculations are done for the year 2014. The EF for dispensing losses is dependent upon year and location. Assume 

worst case scenario storage tank breathing losses of 0.25 lb/1,000 gallons. 

Attainment, Unclassifiable or Attainment/Unclassifiable Area: Lower Gasoline Throughput 

Threshold:

VOC EmissionsSTF = TPSTF x EFSTF x CF

= 4,016,000 (gallons/year) x 0.30/1,000 (lbs/gallon) x 1/2,000 (ton/lb)

= 0.6024 tpy VOC

VOC EmissionsSTB = TPSTB x EFSTB x CF

= 4,016,000 (gallons/year) x 0.25/1,000 (lbs/gallon) x 1/2,000 (ton/lb)

= 0.502 tpy VOC

VOC EmissionsDIS-A = TPDIS-A x EFDIS-A x CF

= 4,016,000 (gallons/year) x 1.91/1,000 (lbs/gallon) x 1/2,000 (ton/lb)

= 3.8353 tpy VOC

Total VOC Emissions = 4.94 tpy 

Nonattainment Area: Lower Gasoline Throughput Threshold:

VOC EmissionsSTF = TPSTF x EFSTF x CF 

= 2,105,000 (gallons/year) x 0.30/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 0.3158 tpy VOC

VOC EmissionsSTB = TPSTB x EFSTB x CF 

= 2,105,000 (gallons/year) x 0.25/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 0.263 tpy VOC

VOC EmissionsDIS-NA = TPDIS-A x EFDIS-NA x CF 

= 2,105,000 (gallons/year) x 1.33/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 1.40 tpy VOC

Total VOC Emissions = 1.98 tpy 
Page 17 of 18

Appendix B: Emissions Calculations for Upper Throughput Limitation for GDFs in Serious, 

Severe and Extreme Nonattainment Areas for 2014

Key for Calculations:

Abbreviation Description VOC Emission Factor

(lbs/1,000 gallons)

STF Storage Tank Filling Losses 0.30

STB Storage Tank Breathing Losses 0.25

DIS-NA Dispensing Losses – Nonattainment Area 1.33

TP Gasoline Throughput (gallons/year) NA

CF Conversion Factor (1 ton/2,000 lbs) 1 / 2,000

EF Emission Factor -

Note: Calculations are done for the year 2014. The EF for dispensing losses is dependent upon year and location. Assume 

worst case scenario storage tank breathing losses of 0.25 lb/1,000 gallons. 

Nonattainment Area: Lower Gasoline Throughput Threshold:

VOC EmissionsSTF = TPSTF x EFSTF x CF 

= 8,000,000 (gallons/year) x 0.30/1,000 (lbs/gallon) x 1/2,000 (ton/lb) 

= 1.2 tpy VOC

VOC EmissionsSTB = TPSTB x EFSTB x CF 

= 8,000,000 (gallons/year) x 0.25/1,000 (lbs/gallon) x 1/2,000 (ton/lb) 

= 1.0 tpy VOC

VOC EmissionsDIS-NA = TPDIS-A x EFDIS-NA x CF 

= 8,000,000 (gallons/year) x 1.33/1,000 (lbs/gallon) x 1/2,000 (ton/lb) 

= 5.32 tpy VOC

Total VOC Emissions = 7.52 tpy 
Page 18 of 18

Appendix C: Emissions Calculations for Upper Throughput Limitation for GDFs in Ozone

Attainment Areas and Marginal and Moderate Ozone Nonattainment Areas for 2014

Key for Calculations:

Abbreviation Description VOC Emission Factor

(lbs/1,000 gallons)

STF Storage Tank Filling Losses 0.30

STB Storage Tank Breathing Losses 0.25

DIS-NA Dispensing Losses – Nonattainment Area 1.33

TP Gasoline Throughput (gallons/year) NA

CF Conversion Factor (1 ton/2,000 lbs) 1 / 2,000

EF Emission Factor -

Note: Calculations are done for the year 2014. The EF for dispensing losses is dependent upon year and location. Assume 

worst case scenario storage tank breathing losses of 0.25 lb/1,000 gallons. 

Nonattainment Area: Lower Gasoline Throughput Threshold:

VOC EmissionsSTF = TPSTF x EFSTF x CF 

= 25,000,000 (gallons/year) x 0.30/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 3.75 tpy VOC

VOC EmissionsSTB = TPSTB x EFSTB x CF 

= 25,000,000 (gallons/year) x 0.25/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 3.125 tpy VOC

VOC EmissionsDIS-NA = TPDIS-A x EFDIS-NA x CF 

= 25,000,000 (gallons/year) x 1.33/1,000 (lb/gallon) x 1/2,000 (ton/lb) 

= 16.625 tpy VOC

Total VOC Emissions = 23.5 tpy