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 26, 2010
RULE 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 – VCAPCD 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 installation, 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 quality 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.

Sections F8 and F9 exempt non-retail facilities with widespread (95%) use of Onboard Refueling 

Vapor Recovery (ORVR) from general Stage II control and testing requirements. 

Section G, adds details for demonstrating exemption qualifications.

Section H.10 adds specific timeframe for test reporting.

Section J adds 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 

Common 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”( EPA450/2-77-035), “Control of Volatile Organic Emissions From Storage of Petroleum Liquids in 

Fixed-Roof Tanks”(EPA-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” (EPA453/R-92-018 (ACT)) , 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 – 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 stringent 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 Corporate Fleets’ (November 28, 2007), and envisioned 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 following 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 304, 305, 308, and 309. 

2. Section C.2.: Please consider further strengthening the emission 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 

testing. See for example, Bay Area AQMD Regulation 8, Rule 7, Sections 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 add 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 ACTIONS – 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. BAAQMD 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’.