Cardlock Fueling Stations and EPCRA 311 / 312

Cardlock fueling stations are locations that allow businesses to obtain a card for each driver or vehicle and then provide 24-hour, automated access to the fueling station by using the card. For EPCRA material safety data sheet (MSDS) and chemical inventory reporting, gasoline and diesel fuel at a retail gas station are subject to higher thresholds of 75,000 gallons and 100,000 gallons, respectively (40 CFR §370.10(a)(2)(ii) and (iii)). Are cardlock fueling stations considered retail gas stations and subject to the higher thresholds for gasoline and diesel fuel?

A retail gas station is a retail facility engaged in selling gasoline or diesel fuel principally to the public for motor vehicle use on land (§370.10(a)(2)(ii) and (iii)). The higher reporting thresholds for gasoline and diesel fuel only apply when stored in tanks entirely underground at retail gas stations and in compliance with the underground storage tank (UST) requirements.

Cardlock fueling stations share some of the same criteria as a retail gas station, namely the hazards associated with the gasoline and diesel fuel dispensed there and storage of gasoline and diesel fuel in tanks that are entirely underground and in compliance with the UST requirements. However, local emergency officials and the public may not be familiar with the location of cardlock fueling stations; the gasoline and diesel pumps at these facilities may be within locked areas and not readily in sight; these facilities are typically only open to commercial vehicles; and cardlock fueling stations do not generally advertise to the public, invite the public to come on site, or allow the public to dispense the fuels themselves. Therefore, because cardlock fueling stations do not sell gasoline or diesel fuel principally to the general public, they are not considered retail gas stations and would not be subject to the higher thresholds for gasoline and diesel.