UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’s Direct Final Rulemaking

for the California State Implementation Plan

Placer County Air Pollution Control District Rule 214

Transfer of Gasoline Into Vehicle Fuel Tanks

Prepared by: James Shears Reviewed by: Andrew Steckel

September 2014 2



RULE IDENTIFICATION

Agency: Placer County Air Pollution Control District ( PCAPCD )

SIP Approved Rule: Rule 21 4

– Transfer of Gasoline i nto Vehicle Fuel

Tanks

Amended

– October 19, 1993

Submitted

– November 30, 1994 EPA Appr oved

– April 30, 1997 (62 FR 23365)

Subject of this TSD: Rule 21 4

– Transfer of Gasoline i nto Vehicle Fuel

Tanks

Amended

– February 21, 2013

Submitted

– February 10, 2014

RULE SUMMARY

- PCAPCD Rule 21 4 , Transfer of Gasoline i nto Vehicle Fuel

Tanks , is designed to limit emissions from the transfer of gasoline into vehicle fuel

tanks , generally by requiring Stage II vapor recovery equip ment as described in

“Technical Guidance

– Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities” (EPA 450/3

- 91

- 022).

PCAPCD regulates the Placer County portion of the Sacramento Valley Air Basin,

a “ severe” non

- attainment area for the 1

- hour and 8

- hour ozone NAAQS (see 40 CFR part 81). Section 182(b)(3) of the Clean Air Act (CAA) requires such areas

t o require Stage I I vapor recovery and section 202(a)(6) allows EPA to waive the requirement after det ermining that Onboard Refueling Vapor Recovery (ORVR) systems for motor vehicles are in widespread use

.

T he following are the significant changes in Rule 214 to the SIP approved rule

. Certain changes in response to EPA concerns (EPA comment letter dated January 4, 2012 from N. Law to A. Hobbs) are noted below.

1. Implement the standardized rule format to make it easier to read and

understand.

2. S ection 204 adds the definition of a major defect, one that meets the criteria of the California Code of Regulati ons, Title 17, Division III, Chapter 1, Subchapter 8, Article 1, Section 94006 and is listed on CARB’s Vapor Recovery Equipment Defects (VRED) list or is specified within the Executive Order certifying the vapor recovery system. ( response to EPA concern)

3. Section 204 adds the definition of a minor defect, one which renders the gasoline dispensing equipment out of good working order but which does not constitute a major defect. 3



4. Section 304.1 adds that no one shall operate any CARB certified vapor

recovery s ystem that has a major defect. ( response to EPA concern)

5. Section 304.1.1 adds upon the identification of a major defect, the owner or operator shall tag “Out of Order” on all impaired dispensing equipment.

6. Section 304.1.2 adds that the tagged equipment shall be rendered inoperable and the tag not removed until the equipment has been repaired.

7. Section 304.2 adds that the owner/operator shall repair or replace any vapor recovery equipment having a minor defect within 7 days.

8. Section 301.1.1 adds a statem ent that the vapor recovery system must be operating with applicable CARB Executive Orders, the manufacturer’s specifications, and is maintained to be leak free, vapor tight, and in good working order.

9. Section 302 adds that operating instructions shall be posted at gasoline dispensing facilities conspicuously warning not to top off the gasoline tank when filling up. (response to EPA concern)

10. Section 201 adds that the vapor recovery system equipment must be CARB certified, and it cannot be replaced with n on

- certified equipment.

11. Section 303 adds that a person shall not supply, sell, or install any new or rebuilt vapor recovery system or its components unless they are CARB

certified.

12. Section 401 adds the CARB test methods.

13. Reference to California Health a nd Safety Code Section 41954 was removed with the old regulatory format as well as Section B of the old rule which required gasoline dispensing systems installed after June 19, 1978 to comply with the provisions of this rule. Section C requiring gasoline dispensing equipment to comply with all applicable safety, fire, and other

codes w ere also removed.

EVALUATION CRITERIA

- The following criteria were used to evaluate the

submitted rule.

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulati on Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, ( EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA § 110(a)(2)(A) requirement for enforceability. 4



2. Stringency

- EPA ’ s Control Technique Guideline (CTG) titled

, -- “Technical

Guidance

– Stage II Vapor Recovery Systems for Control of Refueling Emissions at Gasoline Dispensing Facilities” (EPA 450/3

- 91

- 022) and other

s tate and local rules for this category were used to help evaluate the RACT requirements of CAA § 182(b)(2) and § 182(f).

3. SIP Relaxation

– Where previous versions of rules have been SIP approved, new submittals must comply with CAA § 110(l) and §1 93

rega rding SIP relaxation.

EPA EVALUATION

– The submitted PCAPCD Rule 21 4 is more stringent than the approved SIP. The definition of a major and minor defect per California regulations

, the requirement for the owner or oper ator to put an out of order tag on

e quipment to identify a major defect and prevent its operation, and the requirement for the vapor recovery system to be CARB certified and it cannot be replaced with

non

- certified equipment make the rule more stringent than the approved SIP.

1. The rule requi rements and applicability are clear, and recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Rule 21 4 consistently.

2. The submitte d rule is as stringent as other air district rules , such as the Sacramento Metropolitan and Bay Area Air Quality Management Districts, for this category and it is more stringent than EPA ’ s 1991 CTG. As a result,

we have determined that this rule fulfils RACT requirements.

3. W e propose to determine that our approval of the submittal would comply

with CAA § 110(l) and § 193 because (1) the proposed SIP revision would

not interfere with the on

- going process for ensuring that requirements for

RFP and attainment of the NAAQS are met , and (2) the requirements in the submitted rule are more stringent than the existing SIP

- approved control requirements that they would replace.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

– The following revisions are not currently the basis fo r rule disapproval, but are

recommended for the next time the rule is amended. 5



1. We recommend that a section 305 be added requir ing liquid condensate traps to be used, if necessary, to keep the vapor return piping clear of any liquid blockage from the re mote dispenser to the aboveground storage tank or when it is not possible to achieve the necessary slope from the dispenser to the underground storage tank. This would help ensure proper system operation. See, e.g., San Joaquin Valley Unified Air Polluti on Control District Rule 4622, paragraph 5.12.

2. We recommend that a section 306 be added to require the fuel facility owner or operator to not clear any ISD warning alarms and resume usage without first troubleshooting and repairing the problem with the vapor recovery system. See, e.g., San Joaquin Valley Unified Air Pollution Control District Rule 4622, paragraph 5.13.

EPA ACTION

- The submitted Rule 214 improves the SI P and complies with all relevant CAA requirements. Therefore, EPA staff recommends a full approval of

Rule 214 pursuant to CAA § 110(k)(3)

.

REFERENCES

-

1. PCAPCD Rule 214, Transfer of Gasoline into Vehicle Fuel Tanks as submitted to the EPA on February 20, 2014.

2. PCAPCD Rule 214, Transfer of Gasoline into Vehicle Fuel Tanks, as

ap proved into the SIP on April 30, 1997

. 3

. Sacramento Metropolitan Air Quality Management District (SMAQMD), Regulation 4, Rule 449, “Transfer of Gasoline into Vehicle Fuel Tanks

. ”

4

. San Joaquin Valley Air Pollution Control District (SJVAPCD), Regulation 4, Rule 4622, “Gasoline Transfer into Motor Vehicle Fuel Tanks”.

5

. Bay Area Air Quality Management District (BAAQMD), Regulation 8, Rule 7, “Gasoline Dispensing Facilities”.

6. “Technical Guidance

– Stage II Vapor Recovery Systems for Control of

Re fueling Emissions at Gasoline Dispensing Facilities” (EPA 450/3

- 91

- 022)

7. The Little Blueb ook, EPA Region 9, August 21, 2001. 8. The Bluebook, EPA, May 25,1988.