U.S. ENVIRONMENTAL PROTECTION AGENCY THE EPA 10 GALLON PER MINUTE FUEL DISPENSING LIMIT (Effective July 1, 1996) FACT SHEET This fact sheet provides information about the EPA requirement which limits service station fuel dispensing rates to 10 gallons per minute (10gpm) maximum; including the regulations, selection procedures for flow rate testing, the EPA procedure used to measure fuel flow rate, and answers to some commonly asked questions. This information is also on EPA's web site [http://www.epa.gov/oms]. Look for spitback.txt and 10gpmdfr.zip files in the automobile, regulations, evaporative emissions file area. This rule limits the rate at which gasoline or methanol is pumped into motor vehicles to 10 gallons per minute. This provision is part of the enhanced evaporative regulations applicable to 1996 and later vehicles. It is also an inherent part of the regulations which require automobiles beginning with model year 1998 to be equipped with on-board refueling vapor recovery systems to reduce refueling emissions. A higher fueling rate could overload the design capacity of the vapor recovery system, causing excess vapor emissions. A higher fueling rate could also cause gasoline to "spitback" on the motor vehicle, the ground, or on the person performing the fueling due to the design change to the fuel tank and fill pipe design. (Revised 9/24/97) I. EPA REGULATIONS: 40 CFR 80.22 Controls applicable to gasoline retailers and wholesale purchaser-consumers. (j) After July 1, 1996 every retailer and wholesale purchaser-consumer handling over 10,000 gallons (37,854 liters) of fuel per month shall limit each nozzle from which gasoline or methanol is introduced into motor vehicles to a maximum fuel flow rate not to exceed 10 gallons per minute (37.9 liters per minute). The flow rate may be controlled through any means in the pump/dispenser system, provided the nozzle flow rate does not exceed 10 gallons per minute (37.9 liters per minute). After January 1, 1998 this requirement applies to every retailer and wholesale purchaser-consumer. Any dispensing pump that is dedicated exclusively to heavy-duty vehicles, boats, or airplanes is exempt from this requirement. II. SELECTION AND INSPECTION PROCEDURE FOR FLOW RATE TESTING 1. This rule does not apply to retail outlets or wholesale purchaser-consumers (WPCs) who average less than 10,000 gallons per month until January 1, 1998 or dispenser units dedicated to heavy duty (>8500GVW) vehicles (e.g., card controlled, attendant operated, or with a larger than unleaded nozzle). If the facility's average monthly throughput of gasoline and methanol during the twelve-month period ending on the most recent December 31 exceeds 10,000 gallons per month, the 10 gpm maximum flow rate requirement will apply at the facility. 2. The test procedure requires accurate measurement of the time to dispense 2 gallons of fuel. If the time is less than 12 seconds (minus a 0.20 sec. test tolerance), there is an exceedence of the flow rate limit. 3. Randomly select one nozzle for each grade or gasoline tank and time the flow of fuel into a vehicle tank (if no vehicles are refueling during the inspection, go on to the next station). Always assure that the nozzle is manually operated at the maximum flow rate while timing. Furthermore, to assure maximum flow rate, try to time this flow when no one else is pumping. 4. If an exceedence of the flow rate limit is recorded, verify throughput is greater than 10,000 gallons per month using delivery records if necessary, obtain ownership information to identify the retailer, and issue a "Notification of Apparent Exceedence of the 10 Gallon Per Minute Fuel Dispensing Limit." Ask the person in charge if they are aware of the 10 gallon per minute limit, and if they have done compliance checks or installed any flow limiting devices on the dispensers or nozzles. Make appropriate notes in comment area of the fuels inspection form. (Revised 9/20/96) III. FUEL DISPENSER FLOW RATE TEST PROCEDURE (For 10 gpm maximum flow rate standard) Equipment needed: 1. Digital stopwatch which reads to at least 0.01 seconds. 2. Calculator. Procedure: 1. Identify a customer refueling a vehicle with the nozzle's operating lever manually held to its maximum travel. This will assure the dispenser's maximum flow rate. 2. Carefully measure the time with the stopwatch that it takes to dispense exactly 2.000 gallons of fuel (i.e., start the stopwatch when the dispenser indicates exactly 1.000 gallons and stop the stopwatch when the dispenser indicates exactly 3.000 gallons dispensed). 3. Record the test time (for 2 gallons) on the fuels inspection form in the comments area. Calculate the flow rate using the following formula: GPM = (gallons x 60) ö seconds or GPM = 120 ö seconds Enter this in the test result column. The test type code is 72. 4. If the time is greater than 11.80 seconds, the nozzle is in compliance and no additional testing for that grade and nozzle combination is necessary. 5. If the time is less than or equal to 11.80 seconds, the nozzle exceeds the flow rate cut point. 6. If the cut point is exceeded, repeat steps 2 and 3 for confirmation. 7. Record each "fill-up" as a sample. Multiple tests per sample (vehicle fill-up) may be obtained for screening purposes using a stopwatch with split (lap) capability. (revised 4/10/97) IV. FUEL DISPENSER FLOW RATE REGULATION (40CFR 80.22(j)) QUESTIONS AND ANSWERS, NOVEMBER 3, 1995 The following are responses to most of the questions received by the Environmental Protection Agency (EPA) through October 23, 1995, concerning the manner in which the EPA intends to implement and assure compliance with the 10 gpm maximum dispensing rate regulations at 40 CFR Part 80. This document was prepared by EPA's Office of Air and Radiation, Office of Mobile Sources, and Office of Enforcement and Compliance Assurance, Office of Regulatory Enforcement, Air Enforcement Division. Regulated parties may use this document to aid in achieving compliance with maximum flow rate regulations. While the answers provided in this document represent the Agency's interpretation and general plans for implementation of the regulations at this time, some of the responses may change as additional information becomes available or as the Agency further considers certain issues. 1. QUESTION: [Reserved.] 2. QUESTION: Will there be EPA certification procedures for refueling dispenser flow rates? ANSWER: No, this performance standard does not require the manufacturer to certify performance. See answer to question 7. 3. QUESTION: Is the regulation limited to stage II areas? ANSWER: No. 4. QUESTION: The rule requires every retailer and wholesaler purchaser-consumer (WPC) handling over 10,000 gallons of fuel per month to restrict flow to 10 gpm by January 1, 1996. (On January 1, 1998, this requirement becomes applicable to all retailers and WPCs). How is the 10,000 gallons per month threshold determined? ANSWER: EPA will look at a facility's gasoline and methanol throughput for the twelve-month period ending six months before this rule takes effect. If the average monthly throughput during that twelve-month period exceeds 10,000 gallons per month, the 10 gpm requirement will apply at the earlier date. WPCs include fleet operators who have their own fueling facility with a 550 gallon or larger storage tank to fuel motor vehicles. 5. QUESTION: The rule applies to fueling "motor vehicles." Are boats and/or airplanes motor vehicles? Does the rule apply to marinas or to aviation gasoline? ANSWER: No. Section 216(2) of the Clean Air Act defines "motor vehicle" as "any self-propelled vehicle designed for transporting persons or property on a street or highway." Boats and airplanes do not fit within this definition and thus are not motor vehicles. However, a pump that services boats and/or airplanes and motor vehicles must comply with the 10gpm requirement. Aviation gasoline would not be considered gasoline by EPA, unless used "on-highway" in motor vehicles. 6. QUESTION: Who will enforce the regulation? How? Are there penalties? What are they? ANSWER: The Mobile Source Enforcement Branch of the Office of Enforcement and Compliance Assurance, Office of Regulatory Enforcement, Air Enforcement Division will inspect for compliance with this requirement, along with the other EPA fuels requirements, during routine compliance inspections, and will prosecute any violations. The Clean Air Act provides that penalties may be up to a maximum of $25,000 per violation, for each day of the violation, plus economic benefit. However, EPA intends to establish a publicly available penalty policy, which will take into consideration the gravity of the violation, potential economic benefit, the size of the violator's business, remedial actions taken by the violator, etc. These penalties will likely be well below the statutory maximum, particularly for first time violators, and for smaller businesses who promptly correct the violation. 7. QUESTION: What testing conditions will EPA use to evaluate compliance? How may facility operators evaluate compliance of existing dispensers? ANSWER: EPA inspectors normally conduct their inspections during regular business hours and seek to minimize any interference with the facility's normal activities. Inspectors will not require a shut down of all pumps, or changing of filters. Inspectors will attempt to select the worst-case dispenser (probably the one closest to the tank or pump). One randomly selected nozzle from one pump unit (for each grade of gasoline) will be operated. At present, EPA intends to use a stop watch to time the dispensing of fuel into a vehicle tank or a calibrated fuel container. If the pump dispenses fuel at a flow rate greater than 10 gallons per minute (e.g. 2 gal. in 12 seconds, 4 gal. in 24 sec., 5 gal. in 30 sec., or 10 gal. in 60 sec. -- subject to a reasonable test tolerance), this could be considered a potential violation. If a repeat test is also in violation the facility would be cited. Facility operators may duplicate this procedure to whatever degree they choose by timing fuel flow into a vehicle tank (and relying on the dispenser meter to read volume). (Revised 9-24-97)