Gasoline Dispensing National Emission Standards for Hazardous Pollutants (NESHAP) Frequently Asked Questions (FAQ) for Sources Located in Maine

What is a NESHAP?

NESHAP stands for National Emission Standards for Hazardous Air Pollutants. These are standards to control hazardous air pollutant emissions from sources or facilities.

Pursuant to the Urban Air Toxics Strategy United States Environmental Protection Agency (U.S. EPA) is developing standards to control toxic air pollutants from area sources . The Urban Air Toxics Strategy addresses 33 pollutants that sources emit which pose the greatest potential health threat in urban areas. EPA identified 70 source categories that release these pollutants and that impact urban areas.

For more information see: http://www.epa.gov/ttn/atw/area/arearules.html

Am I an area source?

An area source means any stationary source of hazardous air pollutants that is not a major source.

A m ajor source means any stationary source that emits 10 tons per year or more of any one HAP or 25 tons per year or more of any combination of HAPs.

What is a HAP?

A HAP is a hazardous air pollutant. A list of these pollutants can be found at:

http://www.epa.gov/ttn/atw/orig189.html

Amendments to this list can be found at:

http://www.epa.gov/ttn/atw/pollutants/atwsmod.html

For Gasoline Stations

I thought Maine already had stage I regulations, why do I need to look at another regulations?

Gas distribution facilities are listed in U.S. EPA's Urban Air Toxics Strategy, directing the U.S. EPA to develop standards for this source category. EPA's regulation requires testing not required in Maine regulations. See (g) and (h) of Table 1 in Subpart CCCCCC of the NESHAP for Gas Dispensing Facilities. We plan to amend Maine 's regulations to ensure that they correspond with and are equivalent to the Gasoline Distribution NESHAP.

Do I need to send in a notification? Why?

If you are a gasoline distribution facility with an average monthly throughput greater than 100,000 gallons/month you need to submit an initial notification to the EPA and to the Maine DEP by May 9 th , 2008.

I received a letter from the Maine DEP in the mail, but my facilities monthly throughputs are below 100,000 gallons/per month. Do I need to submit a form?

NO, facilities with throughputs below 100,000 gallons/month are not required to submit a notification if they are in compliance with the submerged fill requirements in Maine's regulations, because Maine's submerged tank filling requirements are equivalent to or more stringent than the requirements in the Gasoline Distribution NESHAP.

How was on your mailing list for the outreach packet ?

We sent the outreach packet to facilities with annual throughputs greater than 1,000,000 gallons according to DEP's data base. We have limited monthly throughput data so we based our mailing on the annual throughput data available to us from the program. If you have annual throughputs greater than 1,000,000 gallons/year of gasoline then you may have received an outreach letter from us. If you have a throughput greater than 100,000 gallons/month and did not receive an outreach packet, you can find the information on our website or you may contact Lisa Higgins at Lisa.Higgins@Maine.gov or call

(207) 287-7023, if you would like a packet mailed to you.

What was included in the outreach packet?

An outreach letter, U.S. EPA's brochure, a blue initial notification form addressed to the State of Maine and a green form initial notification form addressed to the U.S. EPA.

If I did not get a letter, but I have monthly though puts greater than 100,000 gallons/month do I need to submit a form? YES, our database is not complete, so if you have throughputs greater than 100,000 gallons/month you must submit a form to the EPA and to the DEP. You can find the forms on the website, or contact Lisa Higgins at tel. no. 287-7023 or email her at Lisa.Higgins@Maine.gov.

If you are dispensing facility located at a marina or an airport and have a throughput above 10,000 gallons/month, you will need to submit a notification using EPA's notification form. http://www.epa.gov/ttn/atw/area/gdf_example.doc

Our facility has a monthly throughput greater than 100,000 gallons/month and is located in Portland , Maine . Why didn't I receive an outreach packet from Maine DEP? We did not send a mailing to any facilities in the Cumberland , Sagadahoc, and York counties which are required to meet Stage II requirements. Our regulations regarding Stage II are as stringent as U.S. EPA's regulation. Therefore, facilities subject to Chapter 118 Stage II testing requirements that are in compliance with the California Air Resources Board (CARB) certification for State I vapor balancing do not need to submit a notification.

This does not apply to marinas and airports since they are not covered by Chapter 118. Gas dispensing facilities comply with Subpart CCCCCC, which includes notifications if the facility has throughputs greater than 10,000 gallons/month.

What about the Stage II phase out date? We will be amending our regulations to incorporate the phase out date and other changes required from the LD 1971 statute. We will address the requirements of Stage II facilities transitioning to Stage I at that time.

Where do I get a copy of the initial notification?

Maine DEP created an initial notification for gasoline stations which is available at: http://www.maine.gov/dep/air/toxics/gasoline.htm

Why do I need to send in two forms?

The EPA has oversight of this rule until the Maine DEP accepts delegation of the regulation which involves rulemaking. In the meantime, the U.S. EPA and the Maine DEP are working together to provide outreach materials and help sources understand their obligations under the new regulation. Maine DEP is planning to start the delegation process this summer, but we are also planning to update Chapter 118 so it is in line with the federal regulation and that it includes the new Stage II phase out provisions.

For Marinas or Airports

I sell gas at my marina, do I need to submit a notification?

If you are a gas dispensing facility that is part of a marina or an airport and your monthly throughput is above 10,000 gallons/month , you will also need to submit a notification using on of these EPA notification forms

http://www.epa.gov/ttn/atw/area/gdf_example.doc

http://www.epa.gov/ttn/atw/area/gasdist_example.doc

A source can use these forms or create their own just as long as it meets the initial notification requirements listed in the regulation. Please review the regulation for the obligations on this rule.

I have a marina which sells gas. I sell about 45,000 gallons per month during the summer. My tanks do not have submerged fill, why must I send in a notification while a similar gas station does not.

Marinas are not covered by Chapter 118 while the EPA regulation has requirements for marinas and airports. Therefore, gas stations are already covered by Chapter 118 and will have submerged fill. (Please note - the requirement for airports excludes aviation gasoline) .

What timeframe should sources look at when determining their throughput?

U.S. EPA did not include guidance on a look back period in their rule, so at present Maine DEP is recommending that sources use the effective date, January 10, 2008, to begin the review of the monthly average throughputs.

When do you expect U.S. EPA to issue guidance on this?

We are not certain when U.S. EPA will issue guidance. We have sent this question to U.S. EPA's Office of Enforcement and Compliance Assurance, and Office of General Counsel.

What if I don't agree with this look back date or I have a question regarding the applicability of this regulation, what can I do?

When sources do not know if they are subject to a requirement, they can request an applicability determination. Even if an applicability determination request is filed, most sources still file the notification form(s) even when there is a question regarding their applicability. A source may write a letter to the U.S. EPA and Maine DEP to withdraw an applicability notification until the compliance date (which is January 10, 2011 for existing sources).

Where do I go if I need help understanding this regulation?

The brochure:

http://www.epa.gov/ttn/atw/area/gdfb.pdf

the regulation:

http://www.epa.gov/ttn/atw/area/fr10ja08.pdf

the fact sheet:

http://www.epa.gov/ttn/atw/area/gasdistfs122007.pdf

Maine DEP website

http://www.maine.gov/dep/air/toxics/gasoline.htm

contacts:

Lisa Higgins, Maine DEP (207)-287-7023

Susan Lancey, EPA Region 1 (617) 918-1656

Trade Organizations maybe able to assist you in understanding this regulation as well.

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Gasoline Dispensing National Emission Standards for Hazardous Pollutants (NESHAP) Frequently Asked Questions (FAQ) for Sources Located in Maine