Permit and Notification Information for New Facilities
State of Tennessee Air Pollution Control Permit Options
On August 15, 2017, the Division of Air Pollution Control implemented Permit-by-Rule for Gasoline Dispensing Facilities. To find out more about Permit-by-Rule, go to the SBEAP Permit-by-Rule webpage.
Under Permit-by-Rule, no written permit will be issued. To assist GDFs in understanding the Air Pollution Control rules that affect their facility, the TN GDF Compliance Guidance has been developed to help a GDF identify the requirements that affect them and how to comply.
Permit-by-Rule offers the following advantages:
- Acts as both a Construction and Operating permit. This helps make the application process less complicated.
- The application process time is reduced. Apply for an Notice of Intent 7 days prior to construction.
- There is no expiration date. If the rule changes, notification will be sent out.
- There are no application or emission fees.
- Specific to GDFs, increases in throughput would not require a Notification of Intent or other notification.
Permit-by-Rule is an option. A GDF may still submit an application for a traditional permit rather than authorization through Permit-by-Rule. To apply for a traditional permit, use the Facility Identification (APC 100) and Gasoline Dispensing Facility (APC 114) forms to apply for a permit. Information and forms for construction and operating permits can be found on the Air Quality Construction Permit web page and the Air Quality State Operating Permit web page. Traditional permits do have an application fee and expire after 10 years at which time they can be renewed.
No new Stage II vapor recovery systems
On July 14, 2016, the State of TN rule 1200-3-18-.24 was revised to be similar to the Federal GDF rule. For most existing facilities, there will be no change in their requirements. GDF within certain counties will still be required to install and maintain Stage I vapor recovery systems when they have an AMT of 10,000 gallons/month or greater. No new Stage II vapor recovery systems should be installed.
Notification of Compliance Status
As new facilities are required to be in compliance upon startup, a Notification of Compliance Status report would required as opposed to an Initial Notification. A Notification of Compliance Status report is a report giving basic information about the GDF and if it is meeting the necessary requirements. The report needs to be sent to both the EPA Region IV office and the TN APC. The report needs to be sent in by new facilities when they start operation as they should meet the necessary requirements upon start up.
If your facility has a monthly throughput of 100,000 gallons or more, a Stage I system is required. The Stage I system must be tested at the time of installation and every three years thereafter. No new Stage II vapor recovery systems should be installed.
If you are required to conduct a performance test, you are required to notify APC in writing 60 days prior to conducting the test. This can be a simple letter to the Technical Secretary alerting APC to the expected date, time, location, and test to be conducted. A link to the testing procedures outlined in the 6C rule can be found below.
Division of Underground Storage Tanks information
The Division of Underground Storage Tanks (UST) is the division most GDFs should be familiar with. The UST site contains a wealth of information to help the GDF understand what is required of the facility to be in compliance with the UST rules. It also contains information on available training and many guidance documents. As the UST website contains the majority of information necessary in operating your facility in accordance with their rules, the following only focuses on some key areas to keep in mind when starting or operating a facility with a UST. Links are provided for more information.
UST forms can be found on these UST web pages.
For a new installation, the process is relatively simple. 15 days before the tanks are installed; a Pre-Installation Notification for Underground Storage Tanks must be submitted. Once the tanks are installed, submit a Notification for Underground Storage Tanks within 15 days.
Reports and logs
Reports and logs are part of making sure your system is working properly and can catch a leak earlier rather than later. These can include line tightness and line leak detector tests, cathodic protection logs, monthly spill bucket log, and more. When buying or selling a UST, the records and logs should be transferred to the new owner.
Training is required for operators of GDFs at three different levels of responsibility. These are known as A, B, and C class operators. The different classes can be held by multiple people or all classes held by a single person. For example, A and B operators may have oversight over multiple facilities or a single person may hold all three classes to run his personal business. Each class is necessary in relation to a facility. Training is available either online through the Tennessee Tank Helper or in a class room setting through Tank School. Tank School may also be useful if you have had a violation or need training on topics more specifically related to your facility as you can have direct interaction with UST staff.
Tools for your use
UST has created several online tools to help your facility be in compliance and understand its requirements. These tools include a Compliance Toolbox, a UST Owner Compliance Manual, Compliance Guidance Documents, and how to prepare for an inspection. These can be found on the UST Forms and Guidance web page and the UST Compliance and Inspections web page.
Division of Water Resources and Remediation information
Depending on what is done at your facility either during construction or afterwards, there may be Division of Water Resources (DWR) permits that are needed. As these may or may not be needed either for a new source or an existing source, they are simply listed for reference and to bring them to your attention. Here are the most common:
- National Pollution Discharge Elimination System (NPDES) Stormwater Construction permit for construction of sites that are 1 acre or larger. Apply for permit 30 days prior to beginning.
- NPDES Tennessee Stormwater Multi-Sector General permit. Apply 5 days prior to beginning.
- NPDES for an Oil/Water Separator discharge.
- Well Drillers Notification (for monitoring wells for example).
Some others to be aware of in the event that they are required are:
- Aquatic Resources Alteration Permit (ARAP) when a stream or wet weather conveyance is impacted. This permit should be applied for 90 days prior to beginning construction.
- Underground Storage Tank Remediation NPDES in the event of a cleanup.
If you have questions about these or other potentially needed permits, please contact the Small Business Environmental Assistance Program or the appropriate Division at an Environmental Field Office.