The EPA fuel exclusion may apply to the propane. Section 68.126 excludes listed flammable substances used as fuel or held for sale as fuel at a retail facility. EPA defines “retail” in §68.3. Check the site’s use and sales records. A retail sign alone does not settle whether the exclusion fits.
By Bill Stomp · Last updated:
What does EPA mean by retail?
40 CFR 68.3 gives two ways to meet the test. One is more than half of annual income from direct sales to end users. Use the prior calendar or fiscal year. The other is more than half of fuel sold, by volume, through cylinder exchange.
What should support the decision?
The §68.126 exclusion covers the listed substance and qualifying fuel use or retail fuel sale. It does not exempt every activity at every propane site from every program.
I would give the environmental reviewer a short account of the site’s work, fuel uses and sales records. Ask which facts support the exclusion. Keep the answer with those records. This is a suggested review file, not a new form required by that paragraph.
Does this settle OSHA or DOT?
No. Those programs have their own rules. The OSHA PSM retail exception is a separate question. Do not copy the EPA answer into the OSHA file without review.
Questions and answers
Do sales to another reseller prove retail status?
Check EPA’s income or cylinder-exchange volume test. Ask the reviewer to sort the site’s sales under that definition.
Does the fuel exclusion settle which manuals we need?
No. Review each program’s scope on its own. Keep the facts and the reason for each decision with the site’s records.
Next step
Ask your environmental reviewer to check the fuel use and sales test. See plant operations and maintenance manuals for the separate plant document.
Related: OSHA’s separate retail exception. Return to the manuals and records questions.
General information, not legal advice. Check what applies with the responsible regulator and a qualified safety or legal reviewer. This page does not replace training or the procedures for your equipment.