COUNTY OF SAN DIEGO

AIR POLLUTION CONTROL DISTRICT

AIR POLLUTION CONTROL 

BOARD 

GREG COX

First District

DIANNE JACOB

Second District

PAM SLATER-PRICE

Third District

RON ROBERTS

Fourth District

BILL HORN

Fifth District

DATE: March 26, 2008

TO: San Diego County Air Pollution Control Board

SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

SUMMARY:

Overview

Adoption by the Air Pollution Control Board is requested for proposed amendments to 

Rule 61.4 – Transfer of Volatile Organic Compounds (gasoline and ethanol blends) into 

Vehicle Fuel Tanks, and Rule 61.4.1 – Transfer of Gasoline from Stationary Underground 

Storage Tanks into Vehicle Fuel Tanks. 

Rule 61.4 requires gasoline stations to be equipped with vapor recovery systems that collect 

and control gasoline vapor emissions during vehicle refueling, pursuant to federal

requirements. Rule 61.4.1, per State law, requires gasoline stations to be equipped with 

more stringent Enhanced Vapor Recovery systems, which is a mandated upgrade to the 

federal system requirement, 

New federal guidance authorizes exemptions for non-retail gasoline stations from refueling 

vapor recovery requirements where at least 95% of vehicles being refueled are equipped with 

an Onboard Refueling Vapor Recovery system. This system is installed on newer model year 

vehicles to collect and control gasoline vapors during vehicle refueling. The onboard system is 

redundant to equipment installed at gasoline stations to control gasoline vapors during

refueling. Consequently, gasoline stations primarily serving newer model year vehicles—such 

as municipal, corporate, or rental car fleets—can be exempted from costly requirements to 

install and maintain refueling vapor recovery equipment, without causing any increase in vapor 

emissions.

Recommendation(s)

AIR POLLUTION CONTROL OFFICER

1. Find that it is certain there is no possibility that amending Rules 61.4 and 61.4.1 may 
SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC 

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

- 2 -

have a significant adverse effect on the environment, and this action is exempt from the 

provisions of California Environmental Quality Act pursuant to California Code of

Regulations, Title 14, Section 15061 (b)(3);

2. Adopt a resolution titled Resolution Amending Rules 61.4 and 61.4.1 of Regulation IV of 

the Rules and Regulations of the San Diego County Air Pollution Control District.

Fiscal Impact

The recommended amendments to Rules 61.4 and 61.4.1 will not have a fiscal impact on the 

Air Pollution Control District Operational Plan for Fiscal Year 2008-2009. The amended 

rules will be enforced with existing District staff, and full-cost recovery is anticipated through 

the District’s Permit Program.

Business Impact Statement

Amending Rules 61.4 and 61.4.1 will provide regulatory flexibility and economic benefits to 

many local businesses. Qualifying non-retail gasoline dispensing facilities will likely seek an 

exemption from costly requirements to install and maintain refueling vapor recovery

equipment.

Advisory Board Statement

There was no quorum at the December 12, 2007, meeting of the Air Pollution Control 

District Advisory Committee. Members present recommended adopting the proposed 

amendments to Rules 61.4 and 61.4.1.

BACKGROUND:

Rule 61.4 regulates emissions during the transfer of volatile organic compounds (VOC), – primarily 

gasoline from stationary underground and aboveground storage tanks into vehicle fuel tanks. Rule 61.4 

requires fuel dispensing facilities to be equipped with California Air Resources Board (ARB) certified 

vapor recovery (VR) systems that reduce VOC emissions during vehicle refueling (Phase II vapor 

recovery). The rule implements federal requirements and is included in the State Implementation Plan 

(SIP). 

Further, pursuant to State requirements, the District adopted Rule 61.4.1 that regulates the transfer of 

gasoline from stationary underground storage tanks into vehicle fuel tanks. It requires gasoline

dispensing facilities to be equipped with more stringent certified Enhanced Vapor Recovery (EVR) 

Phase II systems that further reduce VOC emissions.

Pursuant to federal requirements, all model year 2000 and newer passenger cars are equipped with an 

Onboard Refueling Vapor Recovery (ORVR) system, as are all model year 2003 and newer light duty 

trucks, sport utility and similar vehicles, and most model year 2003 and newer medium duty and heavy 
SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC 

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

- 3 -

duty trucks with Gross Vehicle Weight Rating less than 10,000 lbs. It is expected that the VOC 

emission reduction efficiency of the ORVR systems on vehicles is at least as high as that of the EVR 

Phase II systems installed at gasoline stations, making it redundant to vapor recovery systems at gas 

stations. Accordingly, United States Environmental Protection Agency (EPA) allows for removing 

vehicle refueling vapor recovery equipment at gasoline dispensing facilities where it was determined that 

at least 95% of all vehicles refueled at the facility are ORVR-equipped. ARB concurs with this federal 

guidance.

The proposed amendments will exempt non-retail gasoline dispensing facilities, at which 95% or more 

of vehicles refueled are ORVR-equipped, from the VR (Rule 61.4) or EVR (Rule 61.4.1) refueling 

vapor recovery requirements, as applicable. These amendments will also provide the same exemption 

in both rules for retail and non-retail facilities that refuel Flexible Fuel Vehicles operating on ethanolgasoline blend (E85) that are already equipped with ORVR. Flexible fuel dispensers serve only Flexible 

Fuel Vehicles. These vehicles are newer and therefore equipped with the onboard systems to collect 

gasoline vapors during refueling. 

Rule 61.4 is also being amended to correct minor deficiencies identified by EPA and delete outdated 

provisions. The amended rule will be submitted to EPA as a SIP revision. The rule was last amended in 

1990 and has become outdated with respect to emission testing, recordkeeping, and test method 

provisions.

On October 18, 2007, the District held a public workshop to discuss and receive comments on the 

proposed amended rules. No significant issues were raised, and workshop participants expressed 

support for the proposed amendments. (Attachment C) 

Compliance with Board Policy on Adopting New Rules 

On February 2, 1993 (APCB #2), the Board directed that, with the exception of a regulation requested 

by business or a regulation for which a socioeconomic impact assessment is not required, no new or 

revised regulation shall be implemented unless specifically required by federal or State law. Proposed 

amendments to Rules 61.4 and 61.4.1 do not require a socioeconomic impact assessment. Therefore, 

implementation of these proposed amendments is consistent with the Board’s directive.

Environmental Statement

It can be seen with certainty that there is no possibility that amending Rules 61.4 and 61.4.1 may have a 

significant adverse impact on the environment. This action is exempt from the California Environmental 

Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Section 15061 (b)(3).

Linkage to the County of San Diego’s Strategic Plan

The County's five-year strategic plan includes an Environment Initiative to ensure environmental 

preservation and enhance quality of life. Proposed amended Rules 61.4 and 61.4.1 will benefit the local 
SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC 

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

- 4 -

business community while maintaining equivalent or greater reduction of VOC emissions. The amended 

rules appropriately balance air quality preservation, public health protection, and economic development 

needs.

ATTACHMENT(S)

Attachment A – Resolution Amending Rules 61.4 and 61.4.1 of Regulation IV of the Rules and 

Regulations of the San Diego County Air Pollution Control District.

Attachment B – Change Copies

Attachment C – Workshop Report
SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC 

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

AGENDA ITEM INFORMATION SHEET

CONCURRENCE(S)

COUNTY COUNSEL REVIEW [X] Yes

Written disclosure per County Charter

 §1000.1 required? [] Yes [X] No

GROUP/AGENCY FINANCE DIRECTOR [] Yes [X] N/A

CHIEF FINANCIAL OFFICER [] Yes [X] N/A

Requires Four Votes [] Yes [X] No

GROUP/AGENCY INFORMATION 

TECHNOLOGY DIRECTOR [] Yes [X] N/A

COUNTY TECHNOLOGY OFFICE [] Yes [X] N/A

DEPARTMENT OF HUMAN RESOURCES [] Yes [X] N/A

Other Concurrence(s): N/A

ORIGINATING DEPARTMENT: Air Pollution Control District, County of San Diego

CONTACT PERSON(S):

Raymond A. Fernandez

Name

(858) 586-2700

Phone

(858) 586-2701

Fax

O176

Mail Station

Raymond.Fernandez@sdcounty.ca.gov

E-mail

AUTHORIZED REPRESENTATIVE:

Raymond A. Fernandez

Air Pollution Control Officer (Acting)
SUBJECT: AMENDMENTS OF RULE 61.4 – TRANSFER OF VOLATILE ORGANIC 

COMPOUNDS INTO VEHICLE FUEL TANKS AND RULE 61.4.1 –

TRANSFER OF GASOLINE FROM STATIONARY UNDERGROUND

STORAGE TANKS INTO VEHICLE FUEL TANKS (District: All)

AGENDA ITEM INFORMATION SHEET

(continued)

PREVIOUS RELEVANT BOARD ACTIONS:

March 1, 2006 (APCB #1), Adoption of New Rules 61.3.1 - Transfer of Gasoline into Stationary 

Underground Storage Tanks and 61.4.1-Transfer of Gasoline from Stationary Underground Storage 

Tanks into Vehicle Fuel Tanks; February 2, 1993 (APCB #2), Delayed implementation of new or 

revised regulations unless requested by business, specifically ordered by federal or State law, or for 

which a socioeconomic impact assessment is not required; October 16, 1990 (APCB #3) Amendment 

of Rules 61.3 and 61.4 to correct deficiencies identified by the Environmental Protection Agency; May 

6, 1977, Adoption of Rule 61.3 – Transfer of Volatile Organic Compounds into Stationary Storage 

Tanks and Rule 61.4 - Transfer of Volatile Organic Compounds into Vehicle Fuel Tanks.

BOARD POLICIES APPLICABLE:

N/A

BOARD POLICY STATEMENTS:

N/A

CONTRACT AND/OR REQUISITION NUMBER(S):

N/A