Do I Need a Permit for my Bulk Gasoline Plant/Terminal or Dispensing Facility?
In most cases, you will not need to obtain a permit to construct or operate a bulk gasoline plant or dispensing facility, however, there are still several state and federal regulations that may still apply, such as sulfur limits, tank and truck configurations, and vapor recovery systems. These requirements depend upon the total potential throughput of gasoline or fuel oils through the facility. You are encouraged to contact the AQCD Permits & Engineering Section for questions regarding what regulations may be applicable to your facility.
Fuel Oil Sulfur Content
Consistent with New England regional efforts, Vermont has adopted regulations to lower the allowed sulfur content of fuel oils between the years 2014 and 2018. Commencing on July 1, 2014, the sulfur content of No.2 and lighter distillate oils purchased shall not exceed 0.05 percent by weight (500 ppm) and commencing July 1, 2018 such oils shall not exceed 0.0015 percent by weight (15 ppm). Distillate fuel oils meeting the 0.0015% by weight sulfur limit are commonly referred to as ultra-low sulfur diesel (ULSD). Commencing on July 1, 2018, the sulfur content of No.4 residual oil and No.5/No.6 residual fuel oil purchased shall not exceed 0.25 percent and 0.5 percent by weight, respectively. You should verify that all fuel deliveries after July 1, 2014 comply with the above limitations.
Stage II Gasoline Vapor Collection Systems No Longer Required
Stage II refers to the capture of gasoline vapors displaced from the motor vehicle fuel tank during refueling. These gasoline vapors were pulled into the underground storage tank to fill the void as the liquid gasoline was pumped out. As newer vehicles have been equipped with onboard vapor recovery emission controls the need for Stage II has declined. The Stage II regulations have been phasing out since 2009 and were repealed in entirety on January 1, 2013. Further, by January 1, 2015 all existing Stage II systems must be decommissioned since they are ineffective with the new systems and may lead to increased emissions from the storage tanks. By January 1, 2015 all facilities that had Stage II systems must decommission those systems in accordance with established procedures and notify the Agency using a standard form. Further information, including the decommissioning procedures and the certification form, can be found on the Agency's Gasoline Vapor Recovery Webpage.
Petroleum Liquid Storage, Bulk Gasoline Terminals, Bulk Gasoline Plants, Gasoline Tank Trucks and Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities:
Vermont’s other regulations regarding control of air emissions from the handling and storage of gasoline remain in effect. These regulations are §5-253.1 through §5-253.5 of the Vermont Air Pollution Control Regulations. These regulations have been in effect for many years. Briefly, these regulations require:
- 5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks - requires internal floating roofs on tanks greater than 40,000 gallons used to store petroleum liquids with a maximum vapor pressure greater than or equal to 1.52 psi.
- 5-253.2 Bulk Gasoline Terminals (defined as facilities greater than or equal to 20,000 gallons daily throughput) - requires a vapor collection and control system for vapors displaced from gasoline tank trucks during loading, requires outgoing gasoline tank trucks to be vapor tight, and requires loading of outgoing gasoline tank trucks by submerged fill only.
- 5-253.3 Bulk Gasoline Plants (defined as facilities less than 20,000 gallons daily throughput) - requires a vapor balance system between the facility storage tanks and the incoming gasoline tank trucks, requires submerged fill for such tanks, requires a vapor balance system between the facility storage tanks and the outgoing gasoline tank trucks, requires submerged fill for such trucks (including account trucks), requires incoming and outgoing gasoline tank trucks to be vapor tight. If a facility has an average daily gasoline throughput of ≤3000 gallons and was constructed or reconstructed before January 1, 2001, a vapor balance system is not required. If railcars are used for incoming gasoline that is transferred either to on-site storage tanks or directly to outgoing gasoline tank trucks, the vapor balance requirements still apply.
- 5-253.4 Gasoline Tank Trucks - requires all gasoline tank trucks, defined as trucks with a capacity of greater than or equal to 4,000 gallons, to be tested and certified to be vapor tight.
- 5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities - requires all gasoline dispensing facilities regardless of throughput to use a stage I vapor recovery system (vapor balance) between the facility storage tanks and the incoming gasoline tank trucks, requires submerged fill for such tanks, requires incoming gasoline tank trucks to be vapor tight. If a gasoline dispensing facility receives all gasoline deliveries from an account truck, defined as a truck with a capacity of less than 4000 gallons, it is not required to install Stage I vapor recovery but is required to use submerged fill of any gasoline storage tanks. Vermont adopted amendments to the Stage I regulations in late 2014 to more closely align these requirements with the federal CCCCCC rule noted below.
Vermont Requirement to Register for Bulk Gasoline Terminals and Bulk Gasoline Plants
Vermont’s regulations have for many years required the annual registration of air contaminant sources that emit more than 5 tons of air contaminants per year. These regulations have recently been amended to require the annual registration of air emissions from certain specific sources that do not exceed 5 tons per year. This regulation is §5-802 of the Regulations, and both Bulk Gasoline Terminals and Bulk Gasoline Plants are sources identified at §5-802(2)(f). that are required to register their annual emissions. In accordance with the fee schedule set forth in 3 V.S.A. §2822, there will be a $500 annual registration fee associated with the registration of both Bulk Gasoline Terminals and Bulk Gasoline Plants that have air emissions of less than 5 tons per year. For information regarding air emissions registration requirements, please contact Dan Riley by email at firstname.lastname@example.org or by telephone at (802)-272-3695.
Gasoline Transfers at Bulk Plants and Terminals
In addition to Vermont’s regulations noted above, the U.S. EPA has also adopted a federal regulation that applies to incoming and outgoing gasoline transfers at gasoline bulk plants and terminals. This regulation is 40 CFR Part 63 Subpart BBBBBB, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities (Subpart 6B). The State of Vermont is not authorized to enforce this regulation, but a brief summary of the requirements is as follows:
- Gasoline bulk plants and terminals are storage and distribution facilities that receive gasoline by pipeline, ship, barge, or cargo tank, and subsequently load gasoline into gasoline cargo tanks. Gasoline cargo tanks include both gasoline tank trucks and railcars. EPA’s definitions of bulk gasoline plants and bulk gasoline terminals use a similar 20,000 gallon per day threshold but are different in that the gasoline throughput is based on the maximum calculated design throughput, not the daily average as under Vermont regulations. Thus, many facilities will be classified as a bulk gasoline plant under Vermont regulations but as a bulk gasoline terminal under Federal regulations. You will need to review your maximum calculated design throughput to determine your classification under the Federal Regulations.
- All bulk gasoline plants and terminals are required to implement a monthly leak inspection program. The standards allow for sight, sound, and smell inspection of equipment components.
- Bulk gasoline plants are required to use submerged fill for incoming gasoline delivered to storage tanks greater than 250 gallons capacity and on outgoing cargo tank loading racks. Note Vermont regulations require submerged fill for all transfers and also require vapor balance on incoming and outgoing gasoline tank trucks (trucks of 4,000 gallons capacity or greater) at bulk plants with throughput greater than 3,000 gallons per day.
- Bulk gasoline terminals with an annual average daily gasoline throughput of less than 250,000 gallons per day are required to use submerged filling for loading of outgoing cargo tanks. For bulk gasoline terminals with a throughput of greater than or equal to 250,000 gallons per day, an emission control device is required and emissions of hazardous air pollutants (HAPs) must be 80 milligrams or less per liter of gasoline loaded into cargo tanks, and loading must be limited to cargo tanks certified to be vapor tight. Note Vermont regulations require the 80 milligram limit for all outgoing loading at all bulk gasoline terminals regardless of throughput.
- For all bulk gasoline terminals: (1) all tanks less than 75 cubic meter capacity (approximately 20,000 gallons) are to be covered with a fixed roof mounted in a stationary manner, and all openings are to be closed when not in use, and (2) all tanks greater than or equal to 75 cubic meter capacity are to use specified floating roofs and seals or a closed vent system and control device to reduce emissions by 95%. Note that “tanks” may include railcars that are being used for gasoline storage at the facility. Railcars contain approximately 33,000 gallons of gasoline and may be subject to the requirement of a closed vent system and control device.
- For all bulk gasoline terminals, facilities are also required to file an initial notification and notification of compliance status with EPA.
- A notification of performance test must be submitted to EPA prior to initial testing of vapor processing and collection systems.
- Semi-annual compliance reports to EPA may be required.
Gasoline Dispensing Facilities
The U.S. EPA adopted a regulation that applies to gasoline transfers at gasoline dispensing facilities. This regulation is 40 CFR Part 63 Subpart CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (Subpart 6C). The State of Vermont is not authorized to enforce this regulation, but a brief summary of the requirements is as follows:
- Facilities with a gasoline throughput of less than 10,000 gallons per month are subject to management practices. There are no reporting requirements, however, the Facility must be able to demonstrate within 24 hours of request that gasoline throughput is less than 10,000 gallons per month. Note Vermont regulations require vapor balance on incoming gasoline deliveries for all gasoline dispensing facilities regardless of throughput, except those that receive all gasoline deliveries from an account truck (truck with a capacity of less than 4,000 gallons).
- Facilities with a gasoline throughput of greater than 10,000 gallons a month and less than 100,000 gallons a month are subject to management practices and must load storage tanks using submerged fill. Facilities are also required to file an initial notification and notification of compliance status with EPA, except facilities installed prior to January 10, 2008 are not required to submit these notifications if the facility was in compliance with, and continues to comply with, Vermont’s requirements for submerged fill in 5-253.5 referenced above since January 10, 2008. Note that Vermont regulations require vapor balance on incoming gasoline deliveries for all gasoline dispensing facilities regardless of throughput except those that receive all gasoline deliveries from an account truck (truck with a capacity of less than 4000 gallons).
- Facilities with a gasoline throughput of greater than 100,000 gallons per month are subject to management practices, must load storage tanks using submerged fill, and are required to operate a vapor balance system during storage tank loadings that meets specified emission reductions. The Facility is also required to perform initial and periodic pressure testing, notify EPA 60 days before testing, and provide test results to EPA within 180 days of testing. Pressure testing requirements include performing a leak rate and cracking pressure test of pressure/vacuum vent valves according to California Air Resources Board (CARB) Test Procedure TP-201.1E initially and every three years and performing a two-inch water column pressure decay test according to CARB Test Procedure TP-201.3 initially and every three years. All new and existing facilities subject to these requirements are required to submit an initial notification and notification of compliance status to EPA.
- All new and existing facilities subject to these requirements are required to submit an initial notification and notification of compliance status to EPA, except facilities installed prior to January 10, 2008 are not required to submit these notifications if the facility was in compliance with, and continues to comply with, Vermont’s requirements for a Stage I vapor recovery system in 5-253.5 referenced above since January 10, 2008.
What other permits or requirements may be applicable to my project?
The Department of Environmental Conservation Environmental Assistance Office provides permit assistance through the Permit Navigator tool. The Permit Navigator can help you identify what environmental permits you may need for a project on a single parcel. If you have a linear, polygon, or multi-parcel project, contact a Community Assistance Specialist to get started.