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 Quality Management District Rule 461

Gasoline Transfer and Dispensing

Prepared by: Nicole Law

November 2012
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RULE IDENTIFICATION -

Agency: South Coast Air Quality Management District 

(SCAQMD)

SIP Approved Rule: Rule 461 – Gasoline Transfer and Dispensing

Amended – 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, revised the term “altered facility” to “altered 

gasoline transfer and dispensing facility.” Also revised the definition for 

“enhance vapor recovery,” removing the exemption from 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 storage 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 requirements in section (c)(2) was revised to

specify tank size applicability.

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

repairs to gas dispensing systems unless manufacturer 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.
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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 inspections 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) describing the selfcompliance 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 

performance 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 Orientation 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 discovered.

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

replaced 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.

20. 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 

compliance 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), “Gasoline 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 approving 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 SIPapproved control 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 sufficiently 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 category and it is 

more stringent than EPA’s 1975 CTG. As a result, we have determined that this 

rule fulfills RACT requirements. 

We 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 emissions.

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

all non-retail gasoline dispensing facilities where all vehicles refueling 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 District’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 SIP. 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). 
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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.” (EPA450/3-91-022a) November 1991.

8. “EPA’s Draft Model Rule, Gasoline Dispensing Facility – Stage II Vapor 

Recovery,” August 17, 1992.

9. “Gasoline Vapor Recovery Guidelines”, EPA Region 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, December 12, 2006.