From: Stoneman, Chris

Sent: Wednesday, February 12, 2014 10:41 AM

To: cline1124@verizon.net

Cc: Vetter, Rick; BECKHAM, LISA Subject: RE: General Permit for GDF in Indian County

Mr. Cline:

This email is in response to your email of February 5, 201 4. We are treating your questions as comments under our proposed rule entitled “General Permits and Permits by Rule for

the Federal Minor New Source Review Program in Indian Country” that was published on January 14. 2014. We normally only respond to comments in the context of taking final action on a proposed rule; however, since your questions indicate that we may not have been as clear as we thought we were regarding certain aspects of what we proposed, we are going to make an exception and res pond to them now. We will add your questions and our responses to the docket.

You initially indicate that you have questions regarding the applicability of the proposed general permit for gasoline dispensing units (GDF) and then pose two specific questions in that regard based on a specific set of facts. What follows is a restatement of your comments with EPA’s response following:

Comment #1: For example: A new GDF is planned to be installed at an existing major stationary source.

The GDF ’s potentials to emit regulated NSR pollutants are all less than applicable major source thresholds for PSD, but the GDF’s potential to emit VOC is greater than the applicable minor source threshold. Given those facts, would that new GDF qualify for co verage under the general permit for GDFs? I would greatly appreciate your clarification of general permit applicability when the new GDF is planned for installation at an existing major stationary source. EPA Response: As proposed, the GDF general pe rmit is intended for new

true minor sources or modifications of true minor sources, and not minor modifications at existing major sources. The Questionnaire for the GDF permit (Part 1) includes questions to determine if a GDF qualifies for the GDF

ge neral permit. The questions ask about the facility’s PTE to determine whether it is a true major or minor source. The applicant is to include all existing, new, and modified

emissions units in the PTE calculation. The intent is to ensure that only true minor sources and modifications at true minor sources are eligible for the permit. We are seeking comments on all aspects of the permits and the supporting documents,including the scope of their applicability. We encourage you to submit

any further f eedback you may have as written comments on the proposed rule.

Comment #2: The only regulated NSR pollutant emitted by a GDF, as defined under Subpart CCCCCC of Part 63, is VOC. Therefore, in the “Questionnaire for Gasoline Dispensing Facilities,” if the “facility” is a GDF, then why does the Questionnaire ask about the facility’s PTE for PM, PM10, PM2.5,

CO, etc.? EPA Response: For purposes of determining eligibility to utilize the GDF general permit, the relevant GDF

definition is not the one contained in Subpart CCCCCC of Part 63. Rather, it is the one provided in the GDF general permit questionnaire. The EPA agrees that the NSR

- regulated air pollutant of concern emitted in conjunction with the dispensing of gasoline is VOC. However, the GDF general permit is written to be comprehensive and to minimize the need for sources to apply for multiple air permits, so it includes requirements for emergency engines which are present at some GDFs. Emergency engines can emit multiple NSR

- regula ted pollutants, so the questionnaire is designed to account for all such pollutants. In addition, the multiple NSR

- regulated pollutants are included in the questionnaire because, to qualify for the permit, the source has to verify that it is a minor so urce for all NSR pollutants and not just those regulated by the permit. We are seeking comments on all aspects of the permits and the supporting documents and encourage you to submit any further feedback you may have

as written comments on the

propo sed rule.

Thank you for your interest in the rulemaking.

Chris Stoneman

From: John Cline [mailto:cline1124@verizon.net] Sent: Wednesday, February 05, 2014 12:43 PM To: Stoneman, Chris Subject: General Permit for GDF in Indian County

Mr . Stoneman:

On January 14, 2014, EPA proposed rules entitled “General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country.” 79 Fed.

2546. One source category proposed for coverage under a general permit is gasoline dispensing facility or GDF.Given the different meanings of the term “source” (and “facility”) in

different contexts, it is not clear how to determine applicability of the General Permit for a new GDF when

the GDF would be

constructed at an existing major stationary source.

For example: A new GDF is planned to be installed at an existing major stationary source. The GDF’s potentials to emit regulated NSR pollutants are all less than applicable major source thresholds for PSD, but the GDF’s potential to emit VOC is greater than the applicable minor

source threshold.**

Question: Given those facts, would that new GDF qualify for coverage under the general permit

for GDFs?

** The only regulated NSR pollutant emitted by a GDF, as defined under Subpart CCCCCC of Part 63, is VOC. Therefore, in the “Questionnaire for Gasoline Dispensing Facilities,” if the “facility” is a GDF, then why does the Questionnaire ask about the facility’s PTE for PM, PM10, PM2.5, CO, etc.?

I would greatly apreciate your clarification of general permit applicability when the new GDF is planned for installation at an existing major stationary source. Thank

you.

John Cline

John R. Cline, PLLC
Attorney at Law

P. O. Box 15476

Richm ond, Virginia 23227

804

- 746

- 4501 john@johnclinelaw.com