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, 2014. 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 respond 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 coverage 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 permit 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 

general 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 feedback 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-regulated 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 source 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 

proposed 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

Richmond, Virginia 23227

804-746-4501

john@johnclinelaw.com