UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

For

EPA’s Direct Final Rulemaking

For the

California State Implementation Plan

Ventura County Air Pollution Control District, Rule 70, Storage and Transfer of Gasoline

Prepared by: David Grounds Reviewed by: Andrew Steckel
October 2 6 , 2010RULE IDENTIFICTION

Agency: Ventura County Air Pollution Control District (VCAPCD)

SIP Approved Rule: Rule 70, Storage and Transfer of Gasoline Adopted

– November 11, 2003 Submitted

– January 15, 2004 EPA Approved

– May 24, 2004 (69 FR 29451)

Subject of this TSD: Rule 70

– Storage and Transfer of Gasoline Amended

– March 10, 2009 Submitted

– September 15, 2009

RULE SUMMARY

– VCA PCD Rule 70, Storage and Transfer of Gasoline, is designed to regulate volatile organic compound (VOC) emissions from the storage and transfer of gasoline at bulk plants, terminals, and vehicle dispensing facilities. Rule 70 includes requirements for insta llation, operation

, maintenance and testing of vapor recovery systems and equipment used for the storage and transfer of gasoline

.

Ventura County (excluding the Channel Islands) is a serious nonattainment area for the 8

- hour ozone national ambient air qua lity standard (NAAQS) (40 CFR 81.305), and VCAPCD revised Rule 70 partly to address the associated Clean Air Act (CAA) obligations.

The significant changes in Rule 70 relative to the SIP approved rule include:

Section B.17 prohibits standing gasoline in spill containment devices. Section B.18 requires daily inspection of certain vapor recovery equipment.
Section s F8 and F9 exempt non

- retail facilities with widespread (95%) use of Onboard Refueling Vapor Recovery ( ORVR ) f ro m general Stage II control and t esting requirements. Section G, add s details for demonstrating exemption qualifications. Section H.10 adds specific timeframe for test reporting.
Section J add s new definitions that help to clarify the SIP.

EPA EVALUATION CRITERIA

– The following criteria were used to evaluate the submitted Rule 70:

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
C ommon VOC & Other Rule Deficiencies), EPA Region 9, August 21, 2001, were used to help evaluate compliance with the Clean Air Act ( CAA ) Section 110(a)(2)(A) requirement for enforceability.

2. RACT

– EPA’s Control Technique Guidelines (CTG) titled, “Technical Guidance

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

- 91

- 022), “Control of Volatile Organic Emissions From Bulk Gasoline Plants”( EPA

450/2

- 77

- 035), “Control of Volatile Organic Emissions From Storage of Petroleum Liquids in
Fixed

- Roof Tanks”( E PA

- 450/2

- 77

- 036), “Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks”( EPA

- 450/2

- 78

- 047), “Stationary Sources” (EPA

453/R

- 92

- 018 (ACT)) , E PA’s Draft Model Rule,” Gasoline Dispensing Facility

– Stage II VaporRecovery, (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

– Where previous versions of rules have been SIP approved, new submittals must comply with CAA §110(l) and §193 regarding SIP relaxations.

EPA EVALUATION

– The submitted VCAPCD Rule 70 is more st ringent than the approved SIP, in part because of added requirements in sections B, F, G, H and J. The new exemption for ORVR does not relax the existing SIP

- approved rule as discussed in EPA memo ‘ Removal of Stage II Vapor Recovery from Refueling of Corpo rate Fleets ’ ( November 28, 2007 ) , and e nvisioned by the Clean Air Act ( CAA ) Section 202(a)(6). Section 202(a)(6) allows EPA to waive the Phase II vapor recovery requirement after determining that ORVR systems for motor vehicle fleets are in widespread use

.
The current SIP submittal generally contains sufficient testing and recordkeeping requirements to satisfy enforcement requirements. The stringency of requirements in submitted Rule 70 is also generally consistent with relevant guidance and analogous rules in other areas that help define RACT.

RULE DEFICIENCIES

– We have identified no deficiencies with Rule 70 sufficient for EPA to propose less than full approval.

RECOMMENDATONS

– The foll owing revisions are not currently the basis for rule disapproval, but are
recommended for the next time the rule is amended.

1. Please consider further strengthening Rule 70 requirements analogous to additional future requirements for gasoline terminals found in Bay Area AQMD Regulation 8, Rule 33,

Sections 3 04, 305, 308, and 309.

2. Section C.2.: Please consider further strengthening the emissio n limitation for gasoline
terminals. For example, Bay Area AQMD Regulation 8, Rule 33, Section 301 .2 requires 0.04
lb VOC/1000 gallons dispensed gasoline effective January 10, 2011.

3. Section H: Please consider requiring performance test records be maintained on

- site for at least two years and be made available upon request. For example, see Bay Area AQMD Regulation 8, Rule 7, Section 503.3.

4. Sections H.1.c.2, H.2.c., and H.3.c: Please require more frequent re

- verification performance

test ing. See for example, Bay Area AQMD Regu lation 8, Rule 7, Section s 301.13, 302.14 and

302.15.

5. Sections H.1., H.2., H.3., H.4., H.5, J.1., J.15, J.17, J.24, J.32: Please a dd test names for clarity

. 6. Section J.23: We recommend revising the text to specify that all rebuilt equipment must be
CARB certified. See for example, South Coast AQMD Regulation IV, Rule 461, Section c(3)(C).

EPA AC TIONS

– The submitted changes to Rule 70 strengthen the SIP

- approved requirements. The rule largely fulfills the relevant CAA § 110 and part D requirements. EPA staff recommends approval of Rule 70 pursuant to CAA § 110(k)(3) and § 301(a).REFERENCES

–

1. VCAPCD Rule 70, Storage and Transfer of Gasoline, submitted on September 15, 2009.

2. VCAPCD Final Staff Report, March 2, 2009.

3. VCAPCD Rule 70, Storage and Transfer of Gasoline, as approved into the SIP on May 24, 2004.

4. VCQPCD Staff Report, October 5, 2000.

5. B AAQMD Regulation 8, Rule 33, ‘Gasoline Bulk Terminals and Gasoline Cargo Tanks’.

6. BAAQMD Regulation 8, Rule 7, ‘Gasoline Dispensing Facilities’.

7. SCAQMD Regulation IV, Rule 461, ‘Gasoline Transfer and Dispensing’.