United States Environmental Protection Agency

Air Quality Permit by Rule for New or Modified Minor Sources of Air 

Pollution in Indian Country

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

Questionnaire for Notification of Coverage under the Air Quality Permit by Rule for 

New or Modified True Minor Source Gasoline Dispensing Facilities in Indian 

Country

Last Modified: March 23, 2015

Version 1.0

Does the Permit by Rule apply to my facility?

The following questionnaire is intended to help you, the facility owner or operator, determine whether or not you are 

eligible for the Air Quality Permit by Rule for New or Modified True Minor Source Gasoline Dispensing Facilities in Indian 

Country. You are not required to complete this questionnaire and it is not necessary to gain coverage under the Permit

by Rule for New or Modified True Minor Source Gasoline Dispensing Facilities. This questionnaire does not cover all of 

the Permit by Rule requirements and does not guarantee approval of a true minor source preconstruction permit under 

this program.

This Permit by Rule is not available for use by gasoline dispensing facilities 

within the geographic boundaries of the State of California.

Description of Gasoline Dispensing Facilities

A gasoline dispensing facility is any stationary facility which 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. This Gasoline 

Dispensing Facilities Questionnaire is for gasoline dispensing facilities that are not major sources of air pollution and that 

are located, or planning to locate, within Indian country.

 

About this Questionnaire

The questions focus on general information pertaining to your existing or future gasoline dispensing facility. The 

questionnaire is not meant to be exhaustive and only requires knowledge of basic facility information, including fuel 

throughput. 

You should continue with this Questionnaire if you meet all of the following criteria:

 You plan to construct a true minor source gasoline dispensing facility that dispenses gasoline for resale or 

non-resale purposes OR you plan to modify an existing, true minor source gasoline dispensing facility that 

dispenses gasoline for resale or non-resale purposes;

 Your new or modified true minor source gasoline dispensing facility is located within Indian country;

 You do not know whether your facility needs a permit, or if you do not know the attainment status of your area 

and you want to find out whether you should seek the Permit by Rule for a gasoline dispensing facility; and

 You intend to satisfy the processes that the U.S. Environmental Protection Agency (EPA) has made available in 

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” to address 

threatened and endangered species and historic properites.

 
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More Information

The definition of “modification” and “Potential to Emit” (or “PTE”) can be found at 40 CFR 49.152(d) and in the 

“Instructions” document. Additional information on the applicability of the Indian Country New Source Review (NSR) 

rule can be found at 40 CFR 49.153.

Information on the ozone attainment status of the area where your facility is located can be found at: 

http://www.epa.gov/airquality/greenbook/. You may also contact your reviewing authority for information on your 

attainment status. 

Please contact your reviewing authority if you have questions or need assistance. A list of reviewing authorities, their 

area of coverage, and contact information can be found in Attachment D to the Permit by Rule for True Minor Source 

Gasoline Dispensing Facilities at 40 CFR 49.164 or visit: http://www.epa.gov/air/tribal/tribalnsr.html.

Sources eligible for the Permit by Rule for New or Modified True Gasoline Dispensing Facilities may also be subject to 

federal standards under 40 CFR 63 Subpart CCCCCC, National Emission Standards for Gasoline Dispensing Facilities; 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 40 CFR 63 

ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. 

The conditions applicable to sources seeking coverage under this Permit by Rule are intended to be generally consistent 

with the requirements in 40 CFR 63 Subpart CCCCCC, 40 CFR 60 Subpart JJJJ, 40 CFR 60 Subpart IIII, and 40 CFR 63 

Subpart ZZZZ. However, compliance with the applicable requirements in these provisions is required independent of the 

conditions in the Permit by Rule, and not all requirements applicable under these provisions are necessarily included in 

the Permit by Rule. The Background Document for the Permit by Rule identifies the specific requirements in Subparts 

CCCCCC, IIII, JJJJ, and ZZZZ that are intended to be included in the Permit by Rule. The EPA’s brochure for Subpart 

CCCCCC is available here: http://www.epa.gov/ttn/atw/area/gdfb.pdf. 

Questionnaire for Gasoline Dispensing Facilities

Part 1: Does my Gasoline Dispensing Facility Need or Qualify for a True Minor Source Permit?

The following questions are meant to determine whether or not your gasoline dispensing facility qualifies for the Permit 

by Rule. 

 

1. Will the PTE of your facility be less than 250 tons per year (tpy) for particulate matter (PM, PM10, or PM2.5), VOC, 

nitrogen oxides (NOX), carbon monoxide (CO), and sulfur dioxide (SO2), each individually? The emissions from 

your facility may be calculated using the PTE calculator provided at 

http://www.epa.gov/air/tribal/tribalnsr.html. Be sure to include all existing, new, and modified emission units

at your facility.

Yes No 

If you answered ‘No,’ your source does not qualify for the Permit by Rule. Please contact your reviewing 

authority to apply for a site-specific permit. If you answered ‘Yes,’ continue on to the next question.

 
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2. Will the PTE of your new facility or the increase in potential emissions from your modified existing facility be 

equal to or above the applicable minor NSR thresholds listed below for ANY pollutant? The emissions from your 

facility may be calculated using the PTE calculator available online at:

http://www.epa.gov/air/tribal/tribalnsr.html. Be sure to include all new and modified emission units at your 

facility.

Pollutant Attainment Area Nonattainment Area

CO 10 tpy 5 tpy

PM 10 tpy 5 tpy

PM10 5 tpy 1 tpy

PM2.5 3 tpy 0.6 tpy

SO2 10 tpy 5 tpy

NOX 10 tpy 5 tpy

VOC 5 tpy 2 tpy

Yes No

If you answered ‘No,’ your source is exempt from the minor NSR program. Please contact your reviewing

authority to confirm that your facility will not need a permit. If you answered ‘Yes,’ continue on to the next 

question. 

3. If located in a nonattainment area for any pollutant, will the PTE of your facility for the particular 

nonattainment pollutant be less than the NSR major source thresholds specified in the table below (based 

on nonattainment classification)? Be sure to include all existing, new, and modified emission units at your 

facility.

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

Yes No Not Applicable
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If you answered ‘No,’ your source does not qualify for the Permit by Rule. Please contact reviewing authority to 

apply for a site-specific permit. If you answered ‘Yes,’ continue on to Part 2 of the Questionnaire. 

Information on the ozone attainment status of the area where your facility is located can be found at: 

http://www.epa.gov/airquality/greenbook/.

Part 2: Does My Gasoline Dispensing Facility Qualify for the Permit by Rule?

The following questions are meant to determine whether or not your gasoline dispensing facility would qualify for 

the Permit by Rule for true minor source gasoline dispensing facilities. 

1. Will your facility be located in a serious, severe, or extreme ozone nonattainment area and, after the proposed 

construction or modification project, be projected to dispense less than 8,000,000 gallons of fuel on a 12-month 

rolling total? 

Yes No Not Applicable

2. Will your facility be located in an attainment, unclassifiable or attainment/unclassifiable area for ozone or 

marginal/moderate nonattainment area for ozone, after the proposed construction or modification project, your 

facility is projected to dispense less than 25,000,000 gallons of fuel on a 12 month rolling total? 

Yes No Not Applicable

3. Will your facility be located in an ozone nonattainment area, after the proposed construction or modification 

project, be projected to dispense more than 2,100,000 gallons of fuel over a consecutive 12 month period;

Yes No Not Applicable

4. Will your facility be located in an attainment, unclassifiable or attainment/unclassifiable area for ozone, after the 

proposed construction or modification project, your facility is projected to dispense less than 4,000,000 gallons 

of fuel over a consecutive 12 month period? 

Yes No Not Applicable

5. Will your facility utilize a Stage I vapor recovery system and will you assure that the required Stage I vapor 

recovery equipment is properly connected and in use at all times while gasoline is actively being 

dropped/delivered?

Yes No

6. Do you intend to satisfy the procedures for threatened or endangered species and historic properties according 

to the processes provided by the EPA for the permits by rule?

Yes No
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Conclusion

If you answered ‘Yes’ or ‘Not Applicable’ to each of the questions in Part 2, your facility may qualify for coverage 

under the Permit by Rule for Gasoline Dispensing Facilities. If you believe based upon your answers in this 

questionnaire that your new or modified gasoline dispensing facility qualifies for Permit by Rule for Gasoline 

Dispensing Facilities, please contact your reviewing authority to obtain a permit application.

If you answered ‘No’ to any of these questions, your facility may not qualify for coverage under the Permit by Rule 

for Gasoline Dispensing Facilities. Please contact your reviewing authority to confirm that your facility will not 

qualify for this Permit by Rule.