United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

for

EPA's Notice of Proposed Rulemaking

for the

California State Implementation Plan

as submitted by the California Air Resources Board

EPA's Analysis of

South Coast Air Quality Management District's

Rule 461, Gasoline Transfer and Dispensing

January 25, 2006

Prepared by Al Petersen

Approved by Andrew Steckel

**South Coast Air Quality Management** **District (SCAQMD)**

**Submitted Rule**

-   Rule 461, Gasoline Transfer and Dispensing (adopted on January 9,
    1976, amended on June 3, 2005, submitted on October 20, 2005,
    submittal determined complete on November 22, 2005.)

There are no other versions of Rule 461 on which EPA has not acted.

**Applicable SIP Rule**

-   Rule 461, Gasoline Transfer and Dispensing (amended on January 9,
    2004, approved on February 22, 2005, 70 FR 8520).

**Purposes of Rule Revisions**

Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter, and other air pollutants which harm human health and
the environment. This rule was developed as part of the local air
district=s programs to control these pollutants.

The purposes of SCAQMD Rule 461 revisions relative to the SIP rule are
as follows:

-   461(c)(1)(B) and 461(c)(2)(B): The rule adds the requirements for
    training of installer/contractors in a manufacturer's program for
    Phase I and II vapor recovery equipment by June 30, 2006.

-   461(c)(3)(M): The rule adds the requirement for a non-retail
    transfer and dispensing facility to have an operating and
    maintenance manual with manufacturer required maintenance procedures
    delineated.

-   461(e)(2)(A) and 461(f): The rule adds the requirement for
    additional reverification tests and test procedures, as applicable,
    for static torque of rotatable adaptors, leak rate of the drop
    tube/drain valve assembly, leak rate of the drop tube overfill
    protection device and spill container drain valve, and the leak rate
    and cracking pressure of pressure/vacuum vent valves.

-   461(e)(7)(E): The rule adds the requirement for a record of training
    for the installer/contractor for installation of the Enhanced Vapor
    Recovery System.

-   461(g)(1): The rule deletes after July 1, 2007 the exemption for a
    storage tank with more than 75% of its throughput used for
    implements of husbandry.

-   461(g)(2): The rule adds an exemption for fueling the Tournament of
    Roses Parade floats.

**Rule Evaluation**

Generally, SIP rules must be enforceable (see section 110(a) of the CAA)
and must not relax existing requirements (see sections 110(l) and 193).

SIP rules in ozone nonattainment areas must require Reasonably Available
Control Technology (RACT) for major sources of Volatile Organic
Compounds (VOC) (see section 182(a)(2)(A)). The SCAQMD regulates a
1-hour ozone nonattainment area (see 40 CFR part 81), so Rule 461

must fulfill the requirements of RACT. SIP rules regulating gasoline
storage and transfer must also provide for vapor recovery from the
fueling of motor vehicles (see section 182(a)(3)).

Guidance and policy documents that we use to help evaluate the rules
include the following:

-   Portions of the proposed post-1987 ozone and carbon monoxide policy
    that concern RACT, 52 FR 45044 (November 24, 1987).

-   *[Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
    Deviations]{.underline}*, EPA (May 25, 1988). (the Bluebook).

-   *[Guidance Document for Correcting Common VOC & Other Rule
    Deficiencies]{.underline}*, EPA Region IX (August 21, 2001). (the
    Little Bluebook).

-   Draft *[Model Rule, Gasoline Dispensing Facility--Stage II Vapor
    Recovery]{.underline}*, EPA (August 17, 1992).

-   [*Gasoline Vapor Recovery* *Guidelines*]{.underline}, EPA Region IX
    (April 24, 2000).

We believe the revised SCAQMD Rule 461 is enforceable, more stringent
than the SIP rule, and fulfills the requirements of RACT and the special
requirements for gasoline vapor recovery from fueling motor vehicles.
The rule should be given full approval.

**Recommendation**

EPA proposes full approval of the following SCAQMD rule for
incorporation into the California Applicable SIP, superseding the
SIP-approved rule cited above:

-   Rule 461, Gasoline Transfer and Dispensing (adopted on January 9,
    1976, amended on June 3, 2005, submitted on October 20, 2005).

**Attachments**

1\. Submitted SCAQMD Rule 461.

2\. Applicable SIP SCAQMD Rule 461.