UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Direct Final Rulemaking

for the California State Implementation Plan

South Coast Air Qualit y Management District Rule 461

Gasoline Transfer and Dispensing

Prepared by: Nicole Law

November 2012 2



RULE IDENTIFICATION

- Agency: South Coast Air Quality Management District (SCAQMD)

SIP Approved Rule: Rule 461

– Gasoline Transfer and Dispensing

A mended

– June 3, 2005

Submitted

– October 20, 2005 EPA Approved

– April 11, 2006 ( 71 FR 18216 )

Other versions of the Rule: Rule 461

- Gasoline Transfer and Dispensing

Amended

- March 7, 2008

Submitted

- not submitted

Subject of this TSD: Rule 461

– Gasoline Transfer and Dispensing

Amended

– April 6 , 2012

Submitted

– September 21, 2012

RULE SUMMARY

- Rule 461, Gasoline Transfer and Dispensing, is designed to limit emissions from the transfer of gasoline into stationary storage tanks, mobile fuelers, or motor

vehicle fuel tanks. It describes equipment

, inspection, testing, and recordkeeping requirements. Changes from the approved SIP rule include:

1. In section (b) definitions, r evised the term “altered facility” to “altered gasoline transfer and dispensing facility

. ” Also revised the definition for “enhance vapor recovery,” removing the exemption f r om requiring Onboard Refueling Vapor Recovery (ORVR) system compatibility.

2. Section (c)(1) Gasoline Transfer and Stationary Storage Tanks and Mobile Fuelers (Phase 1) was reorganized by type of tanks. The new sections are as follows: (A) underground st orage tanks, (B) aboveground storage tanks, (C) mobile fueling tanks, and (D) miscellaneous requirements. This section has been strengthened with additional requirements such as requiring vapor tight seals and caps.

3. The applicability of Phase II requi rements in section (c)(2) was revised to specif y tank size applicability.

4. Section (c)(3)(C) was added prohibiting installations, alterations

, and repairs to gas dispensing systems unless manufacture r certified

.

5. Section (c)(3)(D) was added stating that owners and operators of EVR systems are not considered installers or contractors when replacing defective equipment. 3

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6. Section (c)(3)(N) was revised so that operators do not need to notify the district for every inspection. Rather, these inspection s are scheduled and meet the applicable CARB Executive Order. The section was also revised to require owner/operators ensure underground storage tank installation meets all requirements prior to the inspection.

7. Section (c)(3)(P) was added to prohibit operation of equipment with any major defects.

8. Section (c)(3)( Q) was added to require operators submit the facility’s monthly gasoline throughput data.

9. Section (c)(4) was added. It exempts non

- retail gasoline dispensing from Phase II EVR systems when fueling only ORVR equipped vehicles. Such facilities need to apply for a permit to construct and operate.

10. Several new requirements were added to section (d)(1) desc ribing the self

compliance program elements. They include (C) having a maintenance schedule, (D) procedures to determine the next testing date, and (E) an employee training program.

11. Section (e)(1) was revised to require a conducting and passing the

p erformance test within 10 days of initial operation rather than 30 days.

12. Section (e)(2) has been revised to expand reverification testing requirements.

13. Section (e)(3)(B) added an option to reschedule performance and

reverification tests provided the District is notified at least 24 hours prior to

the scheduled time.

14. Section (e)(3)(F) was added requiring that the person who conducts performance or reverification tests has successfully completed the District’s

Tester Orientatio n class.

15. Section (e) (3)(G) was added requiring that the appropriate testing certifications are performed in the time allowed.

16. Section (e)(3)(H) was added requiring that persons retake the District’s

Tester Orientation class when violations are di scovered.

17. Section (e)(3)(I) was added prohibiting three violations of section (e)(3)(A) when the violation affects the accuracy of performance or reverification

tests. 4

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18

. All referenced test methods in section (f) have been removed. They are

rep laced with language stating that required test shall be conducted in accordance with the most recently CARB approved versions of CARB test methods or stated in the applicable CARB Executive Orders, or other test methods approved in writing by USEPA, CARB, or the District.

19. Exemptions from section (g) were removed. They include exemptions for fueling implements of husbandry and agricultural wind machines.

2 0. An exemption was added to section (g)(3) stating that any requirement to be CARB certified where an applicable valid Executive Order has not been issued by CARB shall not apply until an applicable Executive Order

becomes effective.

EVALUATION CRITERIA

- 1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation 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 complian ce with the CAA § 110(a)(2)(A) requirement for enforceability.

2. Stringency

- EPA’s Control Technique Guidelines (CTG) titled, “Design Criteria for Stage I Vapor Control Systems Gasoline Service Stations” (November 1975), “Technical Guidance

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

- 91

- 022), EPA’s Draft Model Rule,” Gasoline Dispensing Facility

– Stage II Vapor Recovery, (August 17, 1992), “ G asoline Vapor Recovery Guidelines”

, EPA Region IX (April 24, 2000), and other state 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

- CAA § 110(l) prohibits EPA from app roving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA § 193 prohibits the modification of any SIP

approved co ntrol requirement in effect before November 15, 1990, in a

nonattainment area.

EPA EVALUATION

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The rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficient ly ensure that affected sources and regulators can evaluate and determine compliance with Rule 461 consistently.

The submitted rule is as stringent as EPA’s draft model rule, EPA’s Gasoline Vapor Recovery Guidelines, and other California District rules for this cate gory and it is more stringent than EPA ’ s 197 5 CTG. As a result, we have determined that this rule fulfills RACT requirements.

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 revisions to the rule are generally administrative and have no impact on the emission s

.

The major revision to this rule is the exemption from phase II EVR requirements for

all non

- retail gasoline dispensing facilities where all vehicles refue ling at the facilities are equipped with ORVR. While the District claims a net emission increase of 1.2 lbs VOC per day, the actual net emission increase is zero. The

district’s calculation to determine the increased emissions were based on the

scenario that these specifically exempted facilities install phase II EVR controls.

The non

- retail gasoline dispensing facilities which are now exempted were previously exempt from phase II EVR controls with a temporary rule exemption

. The rule’s exemption is consistent with a December 12, 2006 EPA memorandum regarding the Removal of Stage II Vapor Recovery in Situations Where Widespread Use of Onboard Refueling Vapor Recovery is Demonstrated and does not produce an increase in emissions. Additionally, this rule is not relied upon in

the Distric t’s plan for emission reductions.

RULE DEFICIENCIES

– We have found no rule deficiencies with Rule 461 sufficient for EPA to propose less than full approval

.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

– We have no additional recommendations.

EPA ACTION

- The submitted Rule 461 strengthens the SI P . The rule largely fulfills the relevant

CAA § 110 and part D requirements. Therefore, EPA staff recommends a full approval of Rule 461 pursuant to CAA § 110(k)(3) and § 301(a). 6

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REFERENCES

-

1. SCAQMD Rule 461

, Gasoline Transfer and Dispensing , as amended April

6 , 2012 and submitted to EPA on September 21, 2012

. 2. SCAQMD Rule 461, Gasoline Transfer and Dispensing , as amended on June 3, 2005 , and approved into the SIP on April 11, 2006 (71 FR 18216)

. 3. SCAQMD Rule 461, Gasoline Transfer and Dispensing, as amended
March 7, 2008.

4. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

5. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.

6. “Design Criteria for Stage I Vapor Control Systems Gasoline Service Stations” (EPA

- 450/R

- 75

- 102

- 1975/11) November 1975.

7. “Technical Guidance

- Stage II vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities.” (EPA

450/3

- 91

- 022a) November 1991.

8. “EPA’s Draft Model Rule, Gasoline Dispensing Facility

– Stage II Vapor Recovery,” August 17, 1992.

9. “ Gasoline Vapor Recovery Guidelines” , EPA Regio n IX, April 24, 2000.

10. “Removal of Stage II Vapor Recovery in Situations Where Widespread Use of Onboard Refueling Vapor Recovery is Demonstrated,” Memorandum from Stephen D. Page, OAQPS and Margo Tsirigotis Oge, OTAQ, to Regional Air Division Directors, De cember 12, 2006.