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APPENDIX "C" 

PUBLIC COMMENTS AND RESPONSES

1. CARB Comment Letter, 08/08/08 
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STATE OF CALIFORNIA 

ENVIRONMENTAL PROTECTION AGENCY

AIR RESOURCES BOARD 

P. O. Box 2815 

Sacramento, California 95812 

August 8, 2008 

Transmittal 

of 

ARB Staff Rule Review Comments 

To: Mr. Charles L. Fryxell, Air Pollution Control Officer 

Antelope Valley Air Quality Management District 

Telephone Number: (661) 723-8070 

e-mail: cfryxell@mdaqmd.ca.gov 

From: Patrick Au, (916) 322-3303 

e-mail: pau@arb.ca.gov 

The following rule, which is scheduled for a public hearing to be held by your District Board on 

August 19, 2008, was received by us on July 10, 2008, for our review: 

461 Gasoline Transfer and Dispensing (for amendment) 

We have reviewed the rule and have the comments on the following pages. We believe that 

our comments can be used to enhance the clarity and effectiveness of Rule 461. 

On July 22, 2008, Ms. Cindy Castronovo of our Laboratory and Monitoring Division discussed 

our comments with Ms. Tracy Walters of your staff. 

 

If you have any questions about our comments, please contact Ms. Castronovo at 

(916) 322-8957. 

Rule review comments are on the following pages 
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 Date: August 8, 2008

Air Resources Board Staff Comments on 

Antelope Valley Air Quality Management District 

Proposed Rule 461 

General Comments 

1. Air Resources Board (ARB) staff fully supports and appreciates the District’s efforts in 

including a Phase II exemption for facilities that fuel primarily vehicles equipped with 

onboard refueling vapor recovery (ORVR) as discussed in the ARB’s February 20, 2008 

letter to California Air Pollution Control Officers. 

2. ARB staff requests that the District staff also consider a Phase II exemption for 

dispensing systems for E85 fuel. The justification for this request is also provided in the 

February 20, 2008 letter. 

Comments on Proposed Amended Rule 461 

3. Sections (B)(3): We recommend deleting the phrase, “An Aspirator-assist systems 

may also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles,” as the 

terms “vapor incinerators” and “bellows-less nozzles” are now obsolete. 

4. Section (B)(7): “CARB Certified” Vapor Recovery Systems. Language is correct, but 

the EVR Phase I systems are certified to a minimum 98% efficiency. 

5. Section (B)(22): The definition of ORVR in Section (B)(21) is sufficient, but the 

language in (B)(22) is confusing. An alternative may be to define “vehicle fleet.” 

6. Sections (B)(31): We recommend deleting the phrase, “Vacuum-assist systems may 

also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles,” as the terms 

“vapor incinerators” and “bellows-less nozzles” are now obsolete. 

7. Section (C)(1)(g): We recommend deleting the phrase “The Spill Box shall be 

equipped with an integral Vapor-tight drain valve to return spilled Gasoline to the 

underground stationary storage tank.” Some EVR Phase I systems do not require drain 

valves, other means of removing gasoline in the spill box is allowable, such as a hand 

pump. 
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8. Section (C)(3)(c)(iii): We recommend deleting the phrase “Is operated and maintained 

with an integral Vapor-tight drain valve to return spilled Gasoline to the storage tank, if the 

tank is equipped with a spill container” for the reasons stated in Comment 7. 

9. Requirements (C)(3)(f): These P/V valve settings have been modified for EVR 

systems. See May 2006 CP-201 for revised criteria 

(http://www.arb.ca.gov/testmeth/vol2/cp201_may2006.pdf). 
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District response to CARB comments: 

1. No response necessary. 

2. The District considers E85 to have equivalent ozone forming potential to gasoline and is 

accordingly not exempting E85 from Phase II vapor recovery requirements. The District may 

revisit this decision in response to State greenhouse gas initiatives. 

3. The phrase “An aspirator-assist systems may also incorporate Gasoline Vapor incinerators 

and/or Bellows-less Nozzles” was removed from section (B)(3). 

4. Section (B)(7) was modified to reflect code section which applies. 

5. Section (B)(22) was removed. 

6. The phrase “Vacuum-assist systems may also incorporate Gasoline Vapor incinerators and/or 

Bellows-less Nozzles” was removed from section (B)(31). 

7. The phrase “The Spill Box shall be equipped with an integral Vapor-tight drain valve to return 

spilled Gasoline to the underground stationary storage tank” was removed from section 

(C)(1)(g). 

8. The phrase “Is operated and maintained with an integral Vapor-tight drain valve to return 

spilled Gasoline to the storage tank, if the tank is equipped with a spill container” was 

removed from section (C)(3)(c)(iii). 

9. Section (C)(3)(f) was modified to add the criteria for P/V valve settings for EVR systems.