# Antelope Valley Air Quality Management District

Final 

# Staff Report

Amendment of Rule 461 – Gasoline Transfer and Dispensing

Adopted on October 21, 2008

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- 1 Final Staff Report, 02/12/09 

### STAFF REPORT
TABLE OF CONTENTS Rule 461 – Gasoline Transfer and Dispensing

I. PURPOSE OF STAFF REPORT ...........................................................................................1

II. EXECUTIVE SUMMARY....................................................................................................1

III. STAFF RECOMMENDATION............................................................................................2

IV. LEGAL REQUI REMENTS CHECKLIST ..........................................................................3

V. DISCUSSION OF LEGAL REQUIREMENTS...................................................................4

A. REQUIRED ELEMENTS/FINDINGS ..........................................................................4 1. State Findings Required for Adoption of Rules & Regulations ......................4 a. Necessity..............................................................................................4 b. Authority..............................................................................................4 c. Clarity ..................................................................................................4 d. Consistency..........................................................................................4 e. Non-duplication ...................................................................................4
f. Reference..............................................................................................5 g. Public Notice & Comment, Public Hearing ........................................5 2. Federal Elements (SIP Submittals, Other Federal Submittals)........................5 a. Satisfaction of Underlying Federal Requirements...............................5
b. Public Notice and Comment................................................................5 c. Availability of Document ....................................................................5 d. Notice to Specified Entities .................................................................6 e. Public Hearing ......................................................................................6 f. Legal Authority to Adopt and Implement ............................................6 g. Applicable State Laws and Regulations Were Followed ....................6

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ........................................6

C. ECONOMIC ANALYSIS ..............................................................................................6
1. General.............................................................................................................6
2. Incremental Cost Effectiveness ......................................................................7

D. ENVIRONMENTAL ANALYSIS (CEQA) ..................................................................7

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS .................................................7
1. Potential Envi ronmental Impacts.....................................................................7 2. Mitigation of Impacts ......................................................................................7 3. Alternative Methods of Compliance................................................................7TC

- 2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 02/12/09 F. PUBLIC REVIEW..........................................................................................................8

VI. TECHNICAL DISCUSSION...............................................................................................8

A. SOURCE DESCRIPTION .............................................................................................8

B. EMISSIONS ............................................................................................................... ....8

C. CONTROL REQUIREMENTS......................................................................................8

D. PROPOS ED RULE SUMMARY...................................................................................8

E. SIP HISTORY ............................................................................................................. .10 1. SIP History.....................................................................................................10 2. SIP Analysis...................................................................................................12

Apendix A – Rule 461 Iterated Version ..................................................................................... A-1

Appendix B - Public Notice Documents .....................................................................................B-1

Appendix C - Public Comments and Responses .........................................................................C-1

Appendix D - California Environmental Quality Act Documentation....................................... D-1

Appendix E - Bibliography...................................................................................................... ....E-1AVAQMD Rule 461 - Gasoline Transfer And Dispensing 1 Final Staff Report, 2/12/09 

### STAFF REPORT Rule 461 – Gasoline Transfer And Dispensing

I. PURPOSE OF STAFF REPORT

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and background material to the members of the Governing Board. This allows the members of the Governing Board to be fully informed before ma king any required decision. It also provides the documentation necessary for the Governing Board to make any findings, which are required by law to be made prior to the approval or adoption of a document. In addition, a staff report ensures that the correct procedures and proper documentation for approval or adoption of a document have been performed. Finally, the staff report provides eviden ce for defense against legal challenges regarding the propriety of the approval or adoption of the document.

II. EXECUTIVE SUMMARY

On 12/12/06 United States Environmental Protecti on Agency (USEPA) provided guidance concerning the removal of Stage II gasoline vapor recovery systems in limited circumstances where States demonstrate to USEPA that widespread use of ORVR has occurred in motor vehicle fleets and such fleets are refueled by specific, non-retail gasoline dispensing units (Federal Clean Air Act§ 202(a)(6)). On 02/20/08 California Air Resources Board (CARB) enc ouraged air districts to revise vapor recovery rules as outlined by USEPA in the 12/12/06 memorandum. Prior to this guidance, the Bay Area Air Quality Management District included a less stringent exemption which is included in the State Implementation Plan (11/06/02). Subsequently, th e San Joaquin Valley Unified Air Pollution Control District (12/20/07), South Coast Air Quality Mana gement District (03/07/08), and San Diego Air Pollution Control District (03/26/08) have amended their rules to incorporate this change. The Antelope Valley Air Quality Management District (AVAQMD) has received a request to incorporate this revision to Rule 461. This amendment will provide regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of the vehicles are equipped with ORVR.

This amendment will also address the USEPA disapproval comments (66 FR 33177, 6/21/01) in which
Rule 461 was deemed deficient in two areas. A reference to Rule 430 was to be removed because Rule 430, which is not a SIP approved rule, limited the enforceability of Rule 461. USEPA also noted that removal of the daily and annual inspections of th e Self-Compliance Plan (SCP) without replacement provisions was a SIP relaxation. The District has removed the reference to Rule 430 in this amendment. A weekly and periodic written Environmental Self-compliance program has been added which will provide the same function as the program that was removed. Re-verification of performance tests required by CARB Executive Order has also been included in the Testing, Reporting and Recordkeeping Requirements section. Other items included in the amendment are updating rule format, updating rule citations, adding definitions, and updating test methods.

The public hearing to consider the amendment of Rule 461 was previously noticed for the 08/19/09 Governing Board meeting. The public hearing was opened and the action continued to the next2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 regularly scheduled meeting of 09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was cancelled and all outstanding items were continued to the meeting of 10/21/08.

III. STAFF RECOMMENDATION

Staff recommended that the Governing Board of the Antelope Valley Air Quality Management District adopt the proposed amendments to Rule 461 – Gasoline Transfer and Dispensing and approve the appropriate California Environmental Quality Act (CEQA) documentation. This action is necessary to provide regulatory flexibility for dedicated non-retail fl eet fueling when 95 percent of the vehicles are equipped with ORVR, to strengthen the administrative requirements of the Rule in order to address USEPA disapproval comments, and to update rule format.

The Governing Board of the AVAQMD amended Rule 461 Gasoline Transfer and Dispensing on 10/21/08.AVAQMD Rule 461 - Gasoline Transfer And Dispensing 3 Final Staff Report, 2/12/09 IV. LEGAL REQUIREMENTS CHECKLIST

The findings and analysis as indicated below are re quired for the procedurally correct amendment of
Rule 461 - Gasoline Transfer and Dispensing . Each item is discussed, if applicable, in Section V below. Copies of documents are included in the appropriate Appendix.

FINDINGS REQUIRED FOR
RULES & REGULATIONS

X Necessity

X Authority

X Clarity

X Consistency

X Non-duplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE
IMPLEMENTATION PLAN SUBMISSION (SIP):

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, Air Districts, USEP A, Other States)

X Public Hearing

X Legal Authority to adopt and implement the document.

X Applicable State laws and regulations were followed. ELEMENTS OF A FEDERAL
SUBMISSION

N/A Elements as set forth in applicable Federal law or regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A Ministerial Action

X Exemption

N/A Negative Declaration

N/A Environmental Impact Report

X Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY):
X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

N/A Written analysis of existing air pollution control requirements

N/A Economic Analysis

X Public Review4 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the State of Californi a statutory requirements that apply to the amendments to Rule 461. These are actions, that need to be performed, and/or information, that must be provided in order to amend the Rule in a procedurally correct manner.

1. State Findings Required for Adoption of Rules & Regulations:

Before adopting, amending, or repealing a rule or regulation, the AVAQMD GoverningBoard is required to make findings of necessity, authority, clarity, consistency, nonduplication, and reference based upon relevant information presented at the hearing. The information below is provided to assist the Board in making these findings.

a. Necessity:

The amendments to Rule 461 are necessary to provide regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of the vehicles are equipped with ORVR, and to strengthen the administrative requirements of the Rule by addressing USEPA disapproval comments. Rule format, rule citations, and test methods will be updated, and several definitions have been added.

b. Authority:

AVAQMD has the authority pursuant to California Health and Safety Code (H & S Code) §40702 to adopt, amend or repeal rules and regulations.

c. Clarity:

The amendments are clear in that they are written so that the persons subject to the Rule can easily understand the meaning.

d. Consistency:

The amendments to Rule 461 are in harmony with, and not in conflict with or contradictory to, any State law or regula tion, federal law or regulation, or court
decisions.

e. Non-duplication:

The amendments to Rule 461 do not impose the same requirements as any existing state or federal law or regulation because the District is adopting these amendments in response to USEPA comments and recommendations.AVAQMD Rule 461 - Gasoline Transfer And Dispensing 5 Final Staff Report, 2/12/09 f. Reference:

AVAQMD has the authority pursuant to H & S Code §40702 to adopt, amend or repeal rules and regulations.

g. Public Notice & Comment, Public Hearing:

The public hearing to consider the amendment of Rule 461 was previously noticed for the 08/19/09 Governing Board meeting. The public hearing was opened and the action continued to the next regularly scheduled meeting of 09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was cancelled and all outstanding items were continued to the meeting of 10/21/08. See Appendix “B” for a copy of the public notice. See Appendix C for copies of comments, if any, and AVAQMD responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying federal law which requires the submittal. The information below indicates which elements are required for the amendment to Rule 461 and how they were satisfied.

a. Satisfaction of Underlying Federal Requirements:

The amendments to Rule 461 are subject to all the requirements for a State Implementation Plan (SIP) submittal because Rule 461 will be included in the AVAQMD SIP. The criteria for determining completeness of SIP submissions are set forth in 40 CFR Part 51, Appendix V, 2.0.

b. Public Notice and Comment:

The public hearing to consider the amendment of Rule 461 was previously noticed for the 08/19/09 Governing Board meeting. The public hearing was opened and the action continued to the next regularly scheduled meeting of 09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was cancelled and all outstanding items were continued to the meeting of 10/21/08. See Appendix “B” for a copy of the public notice.

c. Availability of Document:

Copies of the proposed amendment to Rule 461 and the accompanying draft staff report were made available to the public on 07/10/08.6 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 d. Notice to Specified Entities

Copies of the proposed amendments to Rule 461 and the accompanying draft staff report were mailed to all affected agencies, including but not limited to
CARB and USEPA.

e. Public Hearing:

The public hearing to consider the amendment of Rule 461 was previously noticed for the 08/19/09 Governing Board meeting. The public hearing was opened and the action continued to the next regularly scheduled meeting of 09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was cancelled and all outstanding items were continued to the meeting of 10/21/08.

f. Legal Authority to Adopt and Implement:

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, amend, or repeal rules and regulations and to do such acts as may be necessary or proper to execute the duties imposed upon the AVAQMD.

g. Applicable State Laws and Regulations Were Followed:

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 have been followed. See Section (V)(A)(1) above for compliance with state findings required pursuant to H&S Code §40727. See Section (V)(B) below for compliance with the required analysis of existing requirements pursuant to H&S Code §40727.2. See Section (V)(C) for compliance with economic analysis requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for compliance with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H & S Code §40727.2 requires air districts to prepare a written analysis of all existing federal air pollution control requirements that apply to the same equipment or source type as the Rule modified by the district. The amendment of Rule 461 is necessary to provide regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of the vehicles are equipped with ORVR, and to strengthen the administrative requirements of the Rule by addressing USEPA disapproval comments. Therefore the preparation of a written analysis of existing pollution control requirements that apply to the same equipment or source type is not required.

C. ECONOMIC ANALYSIS

1. General

No economic impacts are anticipated from the adoption of the amendments to Rule 461. Rule
461 – Gasoline Transfer and Dispensing was amended to eliminate the requirement for Phase II vapor recovery systems on gasoline refueling dispensers used solely for refueling certain motorAVAQMD Rule 461 - Gasoline Transfer And Dispensing 7 Final Staff Report, 2/12/09 motor vehicle fleets which have a high percenta ge of vehicles with onboard refueling vapor recovery (ORVR) systems. This amendment will also address United USEPA disapproval comments by re-establishing a self-compliance program. This self-compliance program is a replacement program for the self-compliance program removed from the Rule in the 09/15/98 amendment. This removal was considered a SIP relaxation by USEPA and the replacement program was required by USEPA in the 07/27/00 TSD and at 66 FR 33177, 6/21/01.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are required for rules and regulations which are adopted or amended to meet the California Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of
sulfur.

The amendments to Rule 461 are not subject to incremental cost effectiveness calculations because this Rule does not impose BARCT or “all feasible measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below, it was determined that a Notice of Exemption would be the appropriate CEQA process for the amendment of Rule 461.

1. The amendment of Rule 461meets the CEQA definition of "project." They are
not "ministerial" actions.

2. The amendment to Rule 461 is exempt from CEQA review because the amendments strengthen the administrative requirements of this Rule and will not create any adverse environmental impacts. Since there is no potential that the amendments might cause the release of additional air contaminants or create any adverse environmental impacts, a Class 8 categorical exemption (14 Cal. Code Reg. §15308) applies.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential adverse environmental impacts of compliance with the
amendment of Rule 461.

2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A8 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B.

VI. TECHNICAL DISCUSSION

A. SOURCE DESCRIPTION

This Rule applies to the transfer of Gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or Mobile Fu eler, and from any stationary storage tank or Mobile Fueler into any Mobile Fueler or Motor Vehicle fuel tank.

B. EMISSIONS

USEPA is encouraging states to eliminate the requirement for Phase II vapor recovery systems on gasoline refueling dispensers for certain motor vehicle fleets in light of the growing use of ORVR systems in those fleets. The fleets at issue are new vehicles initially fueled at Motor Vehicle assembly plants, late model rental cars refueled at rental car facilities, corporate fleets refueled at corporate owned pumps. Section 202(a)(6) of the Federal Clean Air Act (FCAA) allows states to remove the requirement for vehicle refueling gasoline vapor recovery systems in ozone non-attainment areas after determining that ORVR systems for motor vehicles are in widespread use. For new vehicles initially fueled at Motor Vehicle assembly plants, late model rental cars refueled at rental car facilities, and corporate fleets refueled at corporate owned pumps, USEPA has defined widespread use as 95 percent of the vehicles equipped with ORVR. CARB has encouraged revision of district vapor recovery rules as outlined by USEPA.

There are no increases in emissions anticipated as the emission benefits from ORVR systems are determined to meet or exceed the emissions benefits of dedicated fleet fueling Phase II vapor recovery. The District is using the US EPA benchmark of 95 percent penetration on an affected fleet basis to establish widespread use. Accordingly, the Rule revisions will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other requirement of the Clean Air Act.

A self-compliance program is expected to uncover some non-compliant conditions that, when corrected, would reduce VOC emissions. These amendments strengthen the administrative requirements of Rule 461.

C. CONTROL REQUIREMENTS

The amendments to Rule 461 do not change control requirements. The amendments impose a revised self-compliance program to replace the program removed in the 09/15/98 amendments that were disapproved by USEPA.

D. PROPOSED RULE SUMMARY

This section gives a brief overview of the amendments to Rule 461. Readers are encouraged to
examine the [bracketed and italicized] notations contained in the iterated version of the RuleAVAQMD Rule 461 - Gasoline Transfer And Dispensing 9 Final Staff Report, 2/12/09 contained in Appendix A for notations regard ing movement and modification of specific
sections and subsections.

This Rule applies to the transfer of Gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or Mobile Fueller, and from any stationary storage tank or Mobile Fueller into any Mobile Fueller or Motor Vehicle fuel tank.

The Rule has been reformatted to standard District format, and rule citations have been updated

as necessary.

Definitions for “Altered Gasoline Transfer and Dispensing Facility”, “Air Pollution Control Oficer”, “California Air Resources Board”, “D istrict”, “Enhanced Vapor Recovery”, “Onboard Refueling Vapor Recovery”, “Rebuild”, “United States Environmental Protection Agency”, and “Volatile Organic Compounds” have been added in section (B) and the section re-numbered.

The phrase “An aspirator-assist systems may also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles” was removed from section (B)(3).

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

Section (B)(22) was removed.

The phrase “Vacuum-assist systems may also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles” was removed from section (B)(31).

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).

Section (C)(2)(c) provides a reference to the CA RB “Vapor Recovery Equipment Defects List” for simplification, and Attachment A has been deleted since the new reference will maintain the Vapor Recovery Equipment Defects List current.

Section (C)(3)(a) has been added requiring CARB Certified Vapor Recovery System and components.

Section Section (C)(3)(b) has been removed in response to USEPA disapproval comments.

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).

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

Section (C)(4) – “Self-compliance Program Requirements” has been re-established. This selfcompliance program is a replacement program for the program removed from the Rule in the10 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 09/15/98 amendment. This removal was considered a SIP relaxation by USEPA and the replacement program was required by USEPA in the 07/27/00 TSD and at 66 FR 33177,
6/21/01.

Section (C)(5) – “Testing, Reporting, and Recordkeeping Requirements” is replacing former Section (C)(4) – “Testing” and section (C)(7) – “Record Keeping”. This new section is taken from SCAQMD Rule 461 and strengthens the administrative requirements over the sections
removed.

Section (C)(5)(b) addresses the re-verification requirements that was part of the USEPA disapproval action.

Section (C)(5)(f) provides recordkeeping require ments for the ORVR fleet exemption (E)(4).

Section (D) – “Performance and Re-verification Test Methods” replaces former section d) and is derived from SCAQMD Rule 461 (f).

Section (E)(4) has been added to provide an exemption for ORVR Vehicle Fleets from Phase II Vapor Recovery System requirements when fleets are 95 percent ORVR compliant.

Attachment A updates the reference to the AVAQMD and simplifies the placement for decal sign location.

Attachment B is the Weekly Maintenance Inspection Protocol derived from SCAQMD Rule 461 Attachment B - Daily Maintenance Inspection Protocol. USEPA disapproval comments asked for a weekly written inspection program so the frequency was changed.

Attachment C is the Periodic Compliance Insp ection Protocol derived from SCAQMD Rule 461
Attachment C.

E. SIP HISTORY

1. SIP History.

Prior to 1975 the original air district for the Antelope Valley region was the Los Angeles County APCD that had jurisdiction covering the entire county of Los Angeles. In 1975,
the Southern California Air Pollution Control District (So. Cal. APCD) was created by a Joint Powers Agreement (JPA) between Los Angeles, Orange, Riverside and San Bernardino Counties to replace the previous countywide air pollution control districts for those counties. Rule 461 was originally adopted on 01/09/76 by the So. Cal. APCD
and thereafter amended on 09/03/76. On 02/01/ 77, pursuant to statute (Cal. Stats. 1976, Ch 324 p. 815), the South Coast Air Quality Management District (SCAQMD) was created with an initial jurisdiction that only included areas of Los Angeles, Orange,
Riverside and San Bernardino Counties contained within the South Coast Air Basin (SCAB). Outlying areas remained under the So. Cal. APCD (The legislation was thereafter amended to allow non-SCAB areas to “opt in”. Los Angeles County exercised this option and thus the Antelope Valley became a part of SCAQMD). AlsoAVAQMD Rule 461 - Gasoline Transfer And Dispensing 11 Final Staff Report, 2/12/09 SCAQMD). Also on 02/01/77 the California Air Resources Board (CARB) issued Executive Order G-73 (1977) which adopted a “rule book” for those non-SCAB areas of Los Angeles, Riverside and San Bernardino Counties. CARB submitted the G-73 rulebook on behalf of the “county” districts and these rule books included Rule 461.

By its terms Executive Order G-73 (1977) was only effective until the non-SCAB areas took other action. On 02/22/77 the JPA forming the So. Cal. APCD was formally dissolved. By the terms of the JPA upon dissolution each county would regain its county air pollution control district with a jurisdiction of the non-SCAB areas of the county and the applicable rules being the So. Cal. APCD’s rules in effect upon the date of dissolution. Thus, as of 02/22/77 the version of Rule 461 for the SCAQMD reverted from the G-73 (1977) CARB version back to the original So. Cal. APCD 09/03/76 version. Between 1976 and 1997 Rule 461 was amended numerous times by SCAQMD. Specifically it was amended on 02/04/77, 11/18/77, 02/03/78, 01/05/79, 05/04/79, 12/07/79, 01/16/81, 10/15/82, 11/01/85, 03/04/88, 07/07/89 and 09/08/95;

On 07/01/97 the Antelope Valley Air Pollution Control District (AVAPCD) replaced the SCAQMD as the agency with jurisdiction over the Los Angeles County portion of the Mojave Desert Air Basin (MDAB). Pursuant to the statutory change, the rules and regulations of the predecessor district were retained until the Governing Board adopted, amended or rescinded them. At its first meeting the AVAPCD reaffirmed all the existing rules and regulations thus the version in effect at the time of the change was the
09/08/95 version. The AVAPCD amended Rule 461 on 09/15/98.

On 01/01/02 the AVAPCD was replaced by the AVAQMD. Once again, pursuant to statute, the rules in effect were retained until the Governing Board adopted, amended, or rescinded. Similarly, at the first meeting of the AVAQMD, the Governing Boards reaffirmed all the rules and regulations in effect at the time the agency changed. Therefore the current version of Rule 461 in the AVAQMD rulebook is the 09/15/98
version.

The jurisdiction of the AVAPCD and the AVAQMD were specified in the statutes as the portion of the Los Angeles County contained within the MDAB. The MDAB was formerly known as the Southeast Desert Air Basin (SEDAB). In 1997 the SEDAB was split into the MDAB and the Salton Sea Air Basin. Descriptions of these air basins can be found in 17 Cal. Code Regs. §§60109 and 60144. Since USEPA adopts SIP revisions in California as effective within jurisdictiona l boundaries of local air districts, when the local air district boundaries change the SIP as approved by USEPA for that area up to the date of the change remains as the SIP in that particular area. Thus, upon creation of the AVAPCD on 07/01/97 the AVAPCD acquired the SIP applicable to the Antelope Valley portion of the SCAQMD that was e ffective as of 06/30/97. Likewise the AVAQMD acquired the SIP that was effective in the jurisdiction of the AVAPCD as of 12/31/00. Therefore, the SIP history for this region is based upon the rules adopted, effective, and approved for the Antelope Valley by SCAQMD.12 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 Rule 461 was originally adopted on 01/09/76 by the So. Cal. APCD and amended on 09/03/76. Both rules were submitted and approved into the SIP on 07/26/77 42 FR 37976 (40 CFR 52.220(c)(31(vi)(A) and (c)( 35)(ii)(A)). The CARB G-73 version, effective 02/22/77, was submitted and dissapproved on 09/08/1978 43 FR 40011 (40 CFR 52.220(c)(39)(iii)(A), (c)(39)(vi)(B) and 52.229(b)(2)(i). That action retained prior rule “submitted 04/21/76” which presumably, given the submission date, was the
01/09/76 version. The 02/04/77 version wa s adopted and submitted by SCAQMD and also disapproved by USEPA on 12/21/78 43 FR 59489 (40 CFR 52.220(c)(42)(xiv)(A) and 52.229(b)(3)(ii)(B)). However that version of the rule technically did not apply in the Antelope Valley because the So Cal APCD was not officially dissolved until 02/22/77. Regardless of the above, the SIP version of 461 for the Antelope Valley as of 12/21/78 was the original 01/09/76 So. Cal. APCD rule.

As mentioned previously SCAQMD amended Rule 461 on numerous occasions and a variety of them were approved into the SIP for SCAQMD including the Antelope Valley area. The last amendment prior to the creation of the AVAPCD occurred on 09/08/95 and was submitted and approved as a SIP revision on 10/07/96 61 FR 52297 (40 CFR 52.220(c)(229)(i)(A)(1)). The AVAPCD thereafter amended Rule 461 on 09/15/98 however USEPA disapproved the SIP revision on 06/21/00 66 FR 33177 (40 CFR 52.269(b)(3)(iii)(A)) and retained the prior version. Thus the current SIP version in effect for the Antelope Valley is the SCAQMD version amended 09/08/95.

2. SIP Analysis.

The disapproval of Rule 461 – Gasoline Transfer and Dispensing by USEPA at 66 FR 33177, 06/21/01, specified two deficiencies.

First, USEPA cited limited enforceability because of a reference to AVAPCD Rule 430 which is not in the SIP and is not approvabl e as a SIP rule. The District has removed prior section (c)(3)(B) which contained the reference to Rule 430.

Second, USEPA cited removal of the required daily and annual inspections of the SelfCompliance Program (SCP) without a replacement provision as a SIP relaxation and not meeting the requirements of section 110(l) of the CAA or of RACT. The AVAPCD had determined this program was ineffective and overly burdensome to industry and the AVAPCD. The AVAQMD has proposed a self-compliance program requirements in new subsection (C)(4). This self-compliance program will contain weekly and periodic inspections as recommended by USEPA in the Technical Support Document, 07/27/00. This program is derived from the current version of SCAQMD Rule 461(d).Attachments B and C have been added and contain the protocol for these selfcompliance inspections. These attachments are also derived from the current version of SCAQMD Rule 461 Attachments B and C.

Additionally, AVAQMD has strengthened Ru le 461 by updating testing, reporting and recordkeeping requirements (subsection (C)(5)), and performance and re-verification test methods (section (D). An exemption has also been included that will provide regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of theAVAQMD Rule 461 - Gasoline Transfer And Dispensing 13 Final Staff Report, 2/12/09 vehicles are equipped with ORVR. This exemption was included based on guidance provided by CARB and USEPA.

The District is requesting CARB to submit Rule 461 as an amended rule for inclusion in
the SIP.14 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing A

- 1 Final Staff Report, 2/12/09 

### APPENDIX "A" Rule 461 – Gasoline Transfer And Dispensing Iterated Version

The iterated version is provided so that the changes to an existing rule may be easily found. The manner of differentiating text is as follows:

1. Shaded text identifies new or revised language.

2. Lined out text identifies language which is being deleted.

3. Normal text identifies the current language of the current rule which will remain unchanged by the adoption of the proposed amendments.

4. Italicized text identifies explanatory material that is not part of the proposed language.A-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.( Adopted: 01/09/76; Amended: 09/03/76; Amended: 02/04/77; Amended: 11/18/77; Amended: 02/03/78; Amended: 01/05/79; Amended: 05/04/79; Amended: 12/07/79; Amended: 01/16/81; Amended: 10/15/82; Amended: 11/01/85; Amended: 03/04/88; Amended: 07/07/89; Amended: 09/08/95; Amended: 09/15/98; Amended : mm/dd/yy)

AVAQMD Rule 461 461-1 Gasoline Transfer and Dispensing D2, 08/08/08 

## RULE 461 Gasoline Transfer and Dispensing

( a A ) Applicability General

(1) Purpose

(a) To reduce Volatile Organic Compounds (VOC) emissions from Gasoline Transfer and Dispensing.

(2) Applicability

(a) This rule applies to the transfer of Gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or Mobile Fueller Fueler , and from any stationary storage tank or Mobile Fueller Fueler into any Mobile
Fueller Fueler or Motor Vehicle fuel tank.



### ( b B ) Definitions

For the purpose of this rule, the following definitions shall apply:

(1) Altered Gasoline Transfer and Dispensing Facility – A Gasoline Transfer and Dispensing Facility with any of the following: [derived from 09/08/95 SIP approved version of MDAQMD Rule 461(b)(1)]

(a) The removal or addition of storage tank(s), or changes in the number of Fueling
Positions.

(b) The replacement of storage tank(s) or dispensing nozzle(s) with different characteristics or descriptions from those specified on the existing permit.

(2) Air Pollution Control Officer (APCO) – The person appointed to the position of Air Pollution Control Officer of the District pursu ant to the provisions of California Health461-2 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 & Safety Code §40750, and his or her designee. [derived from AVAQMD Rule 444]

( 1 3 ) Aspirator-assist System – : a A Phase II Vapor Recovery System that uses an aspirator to create a vacuum during Gasoline dispensing to capture Gasoline Vapors. An Aspirator

- assist System may also incorporate a Gasoline Vapor incinerator and/or
Bellows

- less Nozzles. [deleted in response to CARB comment that terms are obsolete]

( 2 4 ) Balance System – : a A Phase II Vapor Recovery System that operates on the principle of vapor displacement.

( 3 5 ) Bellows-less Nozzle – : a ny Any nozzle that incorporates both an assist system and a Gasoline Vapor capture mechanism at the Motor Vehicle filler neck, such that vapors
are collected at the vehicle filler neck w ithout the need for an interfacing flexible bellows, and which is certified by the California Air Resources Board (CARB) for operation as a Bellows-less Nozzle.

(6) California Air Resources Board (CARB) – The California State Air Resources Board, the powers and duties of which are described in Part 2 of Division 26 of the California Health and Safety Code (commencing with §39500). [derived from AVAQMD Rule 444]

( 4 7 ) A " CARB Certified " Vapor Recovery System – : a ny A Phase I or Phase II Vapor Recovery System , equipment, or any component thereof, for which CARB has evaluated its performance and issued a valid Executive Order pursuant to Health and Safety Code
Section 41954. which has been certified by CARB as capable of recovering or processing displaced Gasoline Vapors to an efficiency of ninety

- five (95) percent or greater. [modified in response to CARB comment]

( 5 8 ) CARB Executive Orders – : Orders published by CARB that document the requirements of specific vapor control equipment and procedures used in Phase I and Phase II Vapor Recovery Systems.

( 6 9 ) Coaxial Hose – : a A hose that contains two passages with a configuration of a hose within a hose. One of the passages dispenses the liquid Gasoline into the vehicle fuel tank while the other passage carries the Gasoline Vapors from the vehicle fuel tank to the storage tank.

(10) District – The Antelope Valley Air Pollu tion Control District the geographical area of
which is described in District Rule 103. [derived from AVAQMD Rule 1301]

(11) Enhanced Vapor Recovery (EVR) – Performance standards and specifications set forth in the CARB CP 201 (Certification Procedure for Vapor Recovery Systems at Gasoline dispensing facilities) Sections 3 through 9. [derived from SCAQMD Rule 461 (b)(13)]

( 7 12 ) Fueling Position – : a A fuel dispensing unit consisting of nozzle(s) and meter(s) withAVAQMD Rule 461 461-3 Gasoline Transfer and Dispensing D2, 08/08/08 the capability to deliver only one fuel product at one time.

( 8 13 ) Gasoline – : any Any petroleum distillate or petroleum distillate/alcohol blend having

a True true Vapor vapor Pressure pressure greater than 200 mm Hg (3.9 psi) and less than 760 mm Hg (14.7 psi) at 100 degrees F as determined by ASTM Method D323-89.

( 9 14 ) Gasoline Transfer and Dispensing Facility – : a A mobile system, including Mobile
Fueller Fueler s, or a stationary facility consisting of one or more storage tanks and associated equipment which receive, store, and dispense Gasoline subject to the provisions of this rule.

( 10 15 ) Gasoline Vapors – : the The organic compounds in vapor form displaced during Gasoline transfer and dispensing operations, and includes entrained liquid Gasoline.

( 11 16 ) Insertion Interlock Mechanism – : any Any " CARB Certified " mechanism that ensures a tight fit at the nozzle fill pipe interface a nd prohibits the dispensing of Gasoline unless the bellows is compressed.

( 12 17 ) Liquid Removal Device – : a A device designed specifically to remove trapped liquid from the vapor passages of a Coaxial Hose.

( 13 18 ) Liquid-tight– : a A liquid leak rate not exceeding three drops per minute.

( 14 19 ) Mobile Fueller Fueler – : any Any tank truck or trailer that is used to transport and dispense Gasoline from an onboard storage tank into any Motor Vehicle fuel tank.

( 15 20 ) Motor Vehicle
– : any Any self-propelled vehicle as defined in Section 415 of the
California Vehicle Code.

(21) Onboard Refueling Vapor Recovery (ORV R) – Vehicle emission control system that captures fuel vapors from the vehicle gas tank during refueling. [derived from USEPA Office Of Air And Radiation Office Of Transportation and Air Quality, Commonly Asked Questions About ORVR]

(22) [definition for ORVR Vehicle Fleet which was added to D1 of this rule amendment removed pursuant to CARB comment that the language was confusing]

( 16 22 ) Owner/operator – : any Any person who owns, leases, or operates a Gasoline Transfer and Dispensing Facility.

( 17 23 ) Poppetted Dry Break – : a A Phase I Vapor recovery device that opens only by connection to a mating device to ensure that no Gasoline Vapors escape from the underground storage tank before the vapor return line is connected.461-4 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ( 18 24 ) Pressure/vacuum Relief Valve – : a A valve that is installed on the vent pipes of the Gasoline storage tanks to relieve pressure or vacuum build-up at preset values of

pressure or vacuum.

(25) Rebuild – An action that repairs, replaces, or reconstructs any part of a component of a vapor recovery system that forms the gasoline vapor passage of the component, or that comes in contact with the recovered gasoline vapors in the component. Rebuild does not include the replacement of a complete component with another CARB certified complete component; nor does it include the replacement of a spout, bellows, or vapor guard of a CARB certified nozzle. The new part shall be CARB certified and as supplied by the qualified manufacturer specifically for the CARB certified nozzle. [derived from SCAQMD Rule 461 (b)(31)]

(26) Retail Gasoline Transfer and Dispensing Facility – Any Gasoline Transfer and Dispensing Facility subject to the payment of California sales tax for the sale of Gasoline to the public. [derived from 09/08/95 SIP approved version of MDAQMD Rule
461 (b)(21)]

( 19 27 ) Spill Box – : an An enclosed container around a Phase I fill pipe that is designed to collect Gasoline spillage resulting from disconnection between the liquid Gasoline delivery hose and the fill pipe.

( 20 28 ) Submerged Fill Tube – : any Any fill tube the discharge opening of which is entirely submerged, when the liquid level above the bottom of the tank is:

( A a ) 15.2 cm (6 inches), for tanks filled from the top, or

( B b ) 45.7 cm (18 inches) for tanks filled from the side.

(29) Unites States Environmental Protection Agency (USEPA) – The United States Environmental Protection Agency, the Administrator of the USEPA and his or her authorized representative. [derived from AVAQMD Rule 1301]

( 21 30 ) Vacuum-assist System – : a A Phase II Vapor Recovery System that uses vacuumproducing device such as a compressor or turbine to create a vacuum during Gasoline dispensing to capture Gasoline Vapors. Vacuum

- assist Systems may also incorporate Gasoline Vapor incinerators and/or Bellows

- less Nozzles. [deleted in response to CARB comment that terms are obsolete]

( 22 31 ) Vapor Check Valve – : a A valve that opens and closes the vapor passage to the storage tank to prevent Gasoline Vapors from escaping when the nozzle is not in use.

( 23 32 ) Vapor-tight – : the The detection of less than 10,000 ppm hydrocarbon concentration, as determined by EPA Method 21, using an appropriate analyzer calibrated with
methane.AVAQMD Rule 461 461-5 Gasoline Transfer and Dispensing D2, 08/08/08 (33) Volatile Organic Compound (VOC) - Any volatile compound containing the element carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as listed in 40 CFR 51.100(s)(1). [derived from AVAQMD Rule 1124]



### ( C c ) Requirements

(1) Gasoline Transfer Into Stationary Storage Tanks and Mobile Fueller Fueler s (Phase I)

.
A person shall not transfer, permit the transfer or provide equipment for the transfer of Gasoline from any tank truck, trailer or railroad tank car into any stationary storage tank with a capacity of 950 liters (251 gallons) or more, or any Mobile Fueller Fueler tank of greater than 454 liters (120 gallons) capacity unless all of the following conditions are

met:

( a A ) Such stationary storage tank or Mobile Fueller Fueler tank is equipped with a "CARB Certified" Submerged Fill Tube

. ;

( b B ) Such stationary storage tank or Mobile Fueller Fueler tank is equipped with a "CARB Certified" Vapor Recovery System, which is maintained and operated according to the manufacturer's specifications

. ;

( c C ) All vapor return lines are connected between the tank truck, trailer or railroad tank car, and the stationary storage tank or Mobile Fueller Fueler . In addition, all associated hoses, fittings, and couplings are maintained in a Liquid-tight and Vapor-tight condition, as defined under subparagraph subsection ( b B )( 13 18 ) and ( b B )( 23 33 )

. ;

( d D ) The hatch on any tank truck, trailer, or railroad tank car shall not be opened for
more than three (3) minutes for each visual inspection, provided that: (i) Transfer or pumping has been stopped for at least three ( 3 ) minutes prior to opening; and (ii) The hatch is closed before transfer or pumping is resumed.

( e E ) Underground tank lines are gravity drained, and above-ground tanks are equipped with dry breaks, or as approved by the District

, such that upon line disconnect the liquid leak rate does not exceed three ( 3 ) drops per minute

. ;

( f

F ) Equipment subject to this paragraph subsection is operated and maintained, according to all of the following requirements:

(i) All fill tubes are equipped with Vapor-tight covers, including gaskets; (ii) All dry breaks are equipped with Vapor-tight seals and dust covers; (iii) Fixed or Spring-Loaded coaxial fill tubes are operated so that the vapor461-6 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 passage from the stationary storage tank or the Mobile Fueller Fueler back to the tank truck, trailer, or railroad tank car is not obstructed; (iv) The fill tube assembly, including fill tube, fittings and gaskets, is maintained to prevent vapor leakage from any portion of the Vapor Recovery System; and (v) All stationary storage tank or the Mobile Fueller Fueler vapor return lines without dry breaks are equipped with Vapor-tight covers, including gaskets.

( g G ) Any time an underground stationary storage tank is installed or replaced at any Gasoline Transfer and Dispensing Facility, a "CARB Certified" Spill Box shall
be installed. The Spill Box shall be equipped with an integral Vapor

- tight drain valve to return spilled Gasoline to the underground stationary storage
tank ;

. [language removed pursuant to CARB comment that other means of removing gasoline in the spill box is available]

( h H ) A person shall not install or permit the installation of any Phase I Vapor Recovery System of the coaxial design at any Gasoline Transfer and Dispensing Facility unless such system was certified by CARB after January 1, 1994

. ; and

( i I ) A person shall not install or permit the installation of any Phase I Vapor Recovery System of the dual-point design at any Gasoline Transfer and Dispensing Facility unless such system incorporates "CARB Certified" Poppetted Dry Breaks or spring-loaded Vapor Check Valves on the vapor return coupler.

(2) Gasoline Transfer Into Vehicle Fuel Tanks (Phase II)

.

A person shall not transfer, or permit the transfer, or provide equipment for the transfer of Gasoline from a stationary storage tank or a Mobile Fueller Fueler of greater than 454 liters (120 gallons) capacity into any Mobile Fueller Fueler of greater than 454 liters (120 gallons) capacity or any Motor Vehicle fuel tank of greater than 19 liters (5 gallons) capacity unless all of the following conditions are met:

( a A ) The dispensing unit used to transfer the Gasoline from the stationary storage tank
or Mobile Fueller Fueler to the Mobile Fueller Fueler or Motor Vehicle fuel tank is equipped with a "CARB Certified" Vapor Recovery System

. ;

( b B ) The Vapor Recovery System and associated components are operated and maintained in a Vapor-tight and Liquid-tight manner in accordance with the manufacturer's specifications and the applicable CARB certification

. ;

( c C ) Equipment subject to this rule is operated and maintained with none of the defects listed in California Code of Regulations, Section 94006, Subchapter 8, Chapter 1, Part III of Title 17, as summarized specified in Attachment A the mostAVAQMD Rule 461 461-7 Gasoline Transfer and Dispensing D2, 08/08/08 most recently adopted CARB “Vapor Recovery Equipment Defects List” (http://www.arb.ca.gov/vapor/title17/title17.htm) of this rule

. ; [derived from California Code of Regulations, Section 94006, Subchapter 8, Chapter 1, Part III of Title 17]

( d D ) A person shall not install or permit the installation of any Balance System bellows-equipped nozzle at any Gasoline Transfer and Dispensing Facility unless the nozzle is equipped with a "CARB Certified" insertion Insertion interlock
Interlock m M echanism

. ;

( e E ) A person shall not install or permit the installation of any Balance System nozzle

at a new or altered Altered Gasoline Transfer and Dispensing Facility unless a Vapor Check Valve is located in the nozzle. In addition, effective January 1, 1997, a person shall not operate or permit the operation of any Balance System nozzle unless a Vapor Check Valve is located in the nozzle

. ;

( f

F ) A person shall not install or permit the installation of any nozzle at a new or
altered Altered Gasoline Transfer and Dispensing Facility unless the nozzle is equipped with a Coaxial Hose. In addition, effective January 1, 1998, a person shall not operate any Gasoline-dispensing nozzle unless the nozzle is equipped
with a Coaxial Hose

. ;

( g G ) Unless otherwise specified in the applicable CARB Executive Orders, the inside diameter of the connection between the riser and dispenser cabinet at a new or
altered Altered Gasoline Transfer and Dispensing Facility shall not be less than 0.75 inch. If a flexible tubing is used for this connection, the material shall be appropriate for use with Gasoline and shall be equipped with a clearly visible bonding strap

. ; and

( h H ) Unless otherwise specified in the applicable CARB Executive Orders, all Liquid Removal Devices installed for any Gasoline-dispensing nozzle with a dispensing rate of greater than five gallons per minute shall be "CARB Certified" with a minimum liquid removal rate of five milliliters per gallon transferred.

(i) The breakaway coupling shall be CA RB certified. Any breakaway coupling shall be equipped with a poppet valve, which shall close and maintain both the gasoline vapor and liquid lines vapor tight and liquid tight when the coupling is separated. In the event of a separation due to a “drive-off”, the owner/operator shall complete one of the following and document the activities pursuant to paragraph (C)(5)(e) recordkeeping requirements:

(a) Conduct a visual inspection of the affected equipment and perform qualified repairs on any damaged components before placing any affected equipment back in service. In addition, the applicable reverification tests pursuant to section (D), or equivalent test methods as approved in writing461-8 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 approved in writing by the Executive Officer and CARB, shall be conducted and successfully passed prior to the affected equipment dispensing gasoline into any vehicle; or (b) Conduct a visual inspection of the affected equipment and replace the affected nozzles, coaxial hoses, breakaway couplings, and any other damaged components with new or certified rebuilt components that are CARB certified, before placing any affected equipment back in service. [derived from SCAQMD Rule 461 (c)(2)(G)]

(3) Additional Requirements

( a A ) A person shall not supply, offer for sale, sell, install or allow the installation of

any v V apor r R ecovery s S ystem or any of its components, unless the system and component are " CARB certified " . Each v V apor r R ecovery s S ystem and its components shall be clearly and permanently marked with the qualified manufacturer’s name and model number as certified by CARB. In addition, the qualified manufacturer's unique serial number for each component shall also be clearly and permanently marked for the dispensing nozzles. Any qualified manufacturer who rebuilds a component shall also clearly and permanently mark the corresponding information on the component. [dervived from SCAQMD Rule 461 (d) March 7, 2008 Section (c)(3)(A)] A person shall not offer for sale,
sel l, or install any new, used, or rebuilt vapor recovery equipment unless the components are clearly identified or marked by the certified manufacturing company and/or the certified rebuilding company

.

( B ) For a breakdown (as defined in Rules 102 and 430) o f the central vapor incineration or processing unit, the provisions of Rule 430 shall apply. "End of Cycle" shall refer to the immediate 24 hours following the notification of the breakdown for the application of Rule 430 in subparagraph ( c )(3)( B ). [reference removed in response to USEPA Technical Support Document and 65 FR 68111, November 14, 2000 citing Rule 430 not being included in SIP and not approvable as a SIP rule]

( b C ) A person shall not perform or permit the "pump-out" (bulk transfer) of Gasoline from a storage tank subject to paragraph subsection ( c C )(1); unless such bulk transfer is performed using a vapor collection and transfer system capable of returning the displaced vapors to the stationary storage tank.

( c D ) A person shall not store, or allow the storage of, Gasoline in any stationary storage tank with a capacity of 950 liters (251 gallons) or more unless such tank:

(i) Complies with Rule 463(a); or (ii) Is equipped with a Phase I Vapor Recovery System; and (iii) Is operated and maintaine d with an integral Vapor

- tight drain valve toAVAQMD Rule 461 461-9 Gasoline Transfer and Dispensing D2, 08/08/08 return spilled Gasoline to the storage tank, if the tank is equipped with a spill container. language removed pursuant to CARB comment that other means of removing gasoline in the spill box is available]

( d E ) The owner Owner /operator of any Gasoline Transfer and Dispensing Facility shall conspicuously post District-required signs specified in Attachment AB of this rule in the immediate Gasoline dispensing area.

( e F ) A dispenser that is not intended to be used to fuel Motor Vehicles shall have sign posted on it to that effect.

( f

G ) A person shall not install or permit the installation of any vent pipes on gasoline storage tanks at any Gasoline Transfer and Dispensing Facility without a "CARB Certified" pressure

- vacuum relief valve. A written approval from the District is required prior to the installation or relocation of such vent pipes. In addition, effective January 1, 1997, all open vent pipes on gasoline storage tanks shall be equipped with a "CARB Certif ied" pressure

- vacuum relief valve. Unless otherwise specified in the applicable CARB Executive Orders, pressure relief
shall be set at 3 inches water column and vacuum relief shall be set at 8 inches water column. For the purpose of this requirement, ven t pipes of gasoline storage tanks may be manifolded to a single valve when the stationary storage tanks are manifolded according to the applicable CARB Executive Order.

A person shall not store, or allow the storage of, gasoline in any stationary storage tank with a capacity of 950 liters (251 gallons) or more, or any mobile fueler with a capacity of 454 liters (120 gallons) or more, unless the vent pipe of the tank complies with all of the following: [derived from SCAQMD Rule 461 (c)(3)(I) pursuant to CARB comment that P/V valve settings have been modified for EVR systems]

(i) The vent pipe opening is equipped with a “CARB certified” pressurevacuum relief valve. (ii) The vent pipe opening for a stationary storage tank is at least 12 feet above the driveway level used for tank truck filling operations. (iii) Unless otherwise specified in the applicable CARB Executive Orders, the pressure-vacuum relief valve for an underground storage tank vent shall be set for pressure relief at 2.5 to 6.0 inches water column and vacuum
relief at 6.0 to 10.0 inches water column. The valves for vents on aboveground tanks and mobile fuelers shall meet the applicable CARB certified specifications. (iv) Pressure-vacuum relief valves for stationary storage tanks, as supplied and installed, shall be color-coded or otherwise clearly marked to identify the pressure-vacuum setting. The valves shall be installed on the vent pipe(s) such that the color codes or marks shall be legible to ground-level
observers.461-10 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 (v) For the purpose of this requirement, vent pipes of gasoline storage tanks may be manifolded to a single valve when the stationary storage tanks are manifolded according to the applicable CARB Executive Order.

( g H ) Gasoline shall not be stored in open container(s) of any size or handled in any manner (spillage, spraying, etc.) that permits Gasoline or Gasoline Vapors to enter the atmosphere, contaminate the ground, or the sewer.

( h I ) The failure of an owner Owner /operator of any Gasoline Transfer and Dispensing Facility to meet any requirements of paragraph section ( C c ) of this rule shall constitute a violation. Such non-compliant equipment shall be tagged "Out of
Order".

( i J ) Except during repair activity, the "Out of Order" tag specified in
sub paragraph section ( C c )(3)( hi I ) shall not be removed and the non-compliant equipment shall not be used, permitted to be used, or provided for use unless all of the following conditions are satisfied:

(i) The non-compliant equipment has been repaired, replaced, or adjusted, as

necessary

. ; (ii) The owner Owner /operator has notified the District of the repairs by completing, signing and submitting the form supplied by the District; and, (iii) The non-compliant equipment has been reinspected and/or authorized for use by the District.

( j K ) The owner Owner /operator of a new or altered Altered Gasoline Transfer and Dispensing Facility shall have all underground storage tank installation and associated piping configuration inspected prior to any backfilling to verify that all underground equipment is properly installed in accordance with the requirements specified in the applicable CARB Executive Order. The District shall be notified by telephone at least 24 hours prior to the backfilling.

(k) The owner Owner /operator of a new or altered Altered Gasoline Transfer and Dispensing Facility shall have all Phase I and Phase II Vapor Recovery Systems inspected upon completion of the construction to verify that all components were installed in accordance with the description specified in the Permit Authority to Construct and in compliance with all District requirements. The District shall be notified in writing of any changes to the information and specifications submitted with the application under which the Permit Authority to Construct
was issued.

(4 ) Testing [replaced with section (C)(5)]

( a A ) Within 30 calendar days of the initial operation, the owner/operator of a new orAVAQMD Rule 461 461-11 Gasoline Transfer and Dispensing D2, 08/08/08 altered Altered Gasoline Transfer and Dispensing Facility shall have the following performance tests conducted in accordance wi th the test methods specified in sub

- division ( D d ) to verify the proper installation and function of Phase I and Phase II Vapor Recovery Systems. The written test results shall be submitted to the District within 30 calendar days of each testing. (i) Phas e I Vapor Recovery System (I) a. Static pressure (leak

- decay) test (ii) Phase II Vapor Recovery System (I) a. Static pressure (leak

- decay) test (II) b. Dynamic pressure (back

- pressure) test (III) c. Air

- to

- liquid (A/L) ratio (only for Bellows

- less Nozzles) (IV ) d. Liquid removal rate (only for systems with a Liquid Removal Device required by CARB Executive Orders)

( B b ) The owner/operator of an existing Gasoline Transfer and Dispensing Facility shall have the following reverification tests conducted in accordanc e with the test methods specified in sub

- division (d) and the following schedule, unless otherwise specified in the applicable CARB Executive Order, to verify the proper function of the Phase II Vapor Recovery System. For any of the required reverificatio n testing which has not been conducted since January 1, 1993, the initial reverification testing shall be conducted by January 1, 1998. The written test results shall be submitted to the District within 30 calendar days of each testing. (i) For a facility with a vacuum

- assist or aspirator

- assist Phase II Vapor Recovery System, a static pressure (leak

- decay) test shall be conducted once every calendar year. (ii) For a facility with a balance Phase II Vapor Recovery System, a static pressure (leak

- decay) tes t shall be conducted once every five calendar

years. (iii) For a facility with Bellows

- less Nozzles, an air

- to

- liquid (A/L) ratio test shall be conducted once every five calendar years. (iv) A dynamic pressure (back

- pressure) test shall be conducted once every five calendar years.

( 45 ) Self-Compliance Program Requirements [Self-Compliance Program references added in response to USEPA Technical Support Document and 65 FR 68111, November 14,
2000, derived from SCAQMD Rule 461(d), March 7, 2008 ]

The Owner/operator of any Retail Gasoline Transfer and Dispensing Facility shall implement a self-compliance program as follows:

(a) The self-compliance program shall include the following elements:461-12 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 (i) Weekly maintenance inspections shall be conducted in accordance with the protocol specified in Attachment B to ensure proper operating conditions of all components of the Vapor Recovery Systems. (ii) Periodic compliance inspections shall be conducted at least once every twelve months and in accordance with the protocol specified in Attachment C to verify the compliance with all applicable District rules and regulations, as well as all permit conditions. (iii) Maintenance schedules consistent with the applicable Phase I and Phase II Vapor Recovery Systems and components installed at the Gasoline transfer and dispensing facility. (iv) An employee training program including the following: a. Itemized training procedures for employees responsible for conducting any part of the self-compliance program. b. A training schedule to periodically train any employee responsible for conducting any part of the self-compliance

program. c. A record for each employee of the dates of training provided and the next training date. d. A procedure to review and establish any additional necessary training following any changes or updates to the CARB Executive Order for the installed Vapor Recovery System.

(b) Any equipment with major defect(s ) which are identified during the weekly maintenance inspections or periodic compliance inspections shall be removed from service, repaired, brought into compliance, and duly entered into the repair logs required under subsection (C) ( 5 )(e) before being returned to service.

(c) Defects discovered during self inspection and repair shall not constitute a
violation of Rule 461.

( 5 56 ) Testing, Reporting and Recordkeeping Requirements [derived from SCAQMD Rule 461 (e)]

(a) Within 90 calendar days or after dispensing the first 60,000 gallons of fuel into a Mobile Fueler or a vehicle fuel tank, the Owner/operator of a new or Altered Gasoline Transfer and Dispensing Facility shall conduct and successfully pass the performance tests in accordance with the test methods specified in section ( Df ), and any additional tests required by the applicable CARB Executive Orders and District Permits, to verify the proper installation and operation of Phase I and Phase II Vapor Recovery Systems. Test results shall be submitted as stated in subsections ( e 5 )( c3 )( ivD ) and ( 5e )( c3 )( vE ).

(b) The Owner/operator shall conduct and successfully pass the reverification tests in accordance with the test methods specified in section ( Df ), and any additionalAVAQMD Rule 461 461-13 Gasoline Transfer and Dispensing D2, 08/08/08 tests required by the applicable CARB Executive Orders or District Permits, to verify the proper operation of the Vapor Recovery Systems. Test results shall be submitted as stated in subsections ( 5e )( c3 )( ivD ) and ( 5e )( c3 )( vE ).

(i) The reverification tests at Retail Gasoline Transfer and Dispensing Facilities shall be conducted annually

. (ii) The Owner/operator of a non-retail Gasoline Transfer and Dispensing Facility shall complete the reverification tests annually. (iii) Once a facility reverification testing month(s) are established, subsequent reverification testing shall be conducted during the same months each year. When a new performance test schedule is required due to a facility alteration, new reverification testing months shall be established based on the date of the performance tests. (iv) In case of a change of operator, the new operator shall conduct the next reverification test on the same testing month as established by the previous operator, if the previous reverification testing records are available. When no testing records are available, the new operator shall complete all the applicable reverification testing within 93 0 calendar days of the change of operator.

(c) A person who conducts performance or reverification tests shall comply with all of the following:

(i) Conduct performance or reverification tests in accordance with the applicable test methods listed in section (D) and other CARB testing procedures. Tests shall be conducted using calibrated equipment meeting the calibration range and calibration intervals specified by the
manufacturer. (ii) Notify the District and obtain a confirmation number at least three ten calendar days prior to testing (at least one of the days shall be regular District business days), except as specified in paragraph (e)(4) . In the event that a performance test or reverification test cannot be conducted at the scheduled date and time, the test may be re-scheduled to a later date and time provided that the District is notified at least 24 hours prior to the originally scheduled time. All notification under this subsection shall be provided by District approved methods. (iii) Conduct performance and reverification tests during normal District business hours. The APCO may approve alternative testing. (iv) Submit a copy of the PASS/FAIL test results electronically in a District approved format to the APCO within 30 calendar days after each test is conducted. The PASS/FAIL test results are a summary of the overall
results of each test. (v) Submit the final test report demonstrating compliance within 30 calendar days of the date when all tests were passed. The test report shall include all the required records of all tests performed, test data, current461-14 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 AVAQMD facility ID number of the location being tested, the equipment Permit to Operate or Application number and,, a statement whether the system or component tested meets the required standards.

(d) The Owner/operator shall not operate or resume operation of a Gasoline transfer and dispensing facility, unless the facility has successfully passed the applicable performance or reverification tests. Notwithstanding the above, when a dispenser associated with any equipment that has failed a reverification test is isolated and shut down, the Owner/operator may continue operation or resume operation of the remaining equipment at the facility, provided that test results demonstrate that the remaining equipment is in good operating condition. All test results and the method of isolating the defective equipment shall be documented in the test reports to be submitted to the APCO pursuant to subsection ( 5e )( e7 )( iiiC ), ( e 5 )( c3 )( ivD ) and ( e 5 )( c3 )( vE ).

(e) Recordkeeping

A person who performs the installation of components, self-compliance inspections, repairs or testing at any Gasoline Transfer and Dispensing Facility, including, but not limited to, the activities for normal operation and maintenance, performance testing, reverification testing and those following a drive-off, shall provide to the Owner/operator all records listed below, as applicable, at the end of each day when the service is provided. The Owner/operator of any Retail or non-retail Gasoline Dispensing Facility shall maintain all records listed below and any other test results or maintenance records that are required to demonstrate compliance on site for a period of at least two (2) years (or five (5) years for Title V facilities). Notwithstanding, records for non-retail Gasoline Dispensing Facilities that are unmanned may be kept at other locations approved by the APCO. All records shall be made available to the APCO upon request both on site during inspections and offsite as specified.

(i) Records of all components installed, defective components identified or repaired during self-compliance inspections. (ii) Repair logs, which shall include: a. Date and time of each repair. b. The name of the person(s) who performed the repair, and, if applicable, the name, address and phone number of the person’s employer. c. Description of service performed. d. Each component that was installed, repaired, serviced, or removed, including the required component identification information pursuant to subsection ( Cc )(3)( aA ).AVAQMD Rule 461 461-15 Gasoline Transfer and Dispensing D2, 08/08/08 e. Each component that was installed as replacement, if applicable, including the required component identification information pursuant to subsection ( Cc )(3)( aA ). f. Receipts for parts used in the repair and, if applicable, work orders, which shall include the name and signature of the person responsible for performing the repairs. (iii) Records of tests, which shall include:
a. Date and time of each test. b. Name, affiliation, address and phone number of the person(s) who performed the test. c. Test data and calibration data for all equipment used. d. Date and time each test is completed and the facility Owner/operator is notified of the results. For a test that fails, a description of the reasons for the test failure shall also be
included. e. For a retest following a failed performance or reverification test, description of repairs performed pursuant to subsection ( 5e )( e4 )( iB ) and (5)(e)(ii)

. f. Copies of test reports in District approved format. (iv) Monthly Gasoline throughput records. (v) Records to prove that the installer/contractor that installed or altered the Enhanced Vapor Recovery (EVR) equipment has successfully completed a manufacturer training program and any relevant state certification program applicable to the Phase I and Phase II Enhanced Vapor Recovery systems and associated components as specified in subsection ( Cc )(3)( aA ).

(f) Recordkeeping for Exempt Fleets

An o O wner/operator claiming exemption under Section (E)(4) shall keep a record of the make , model, model year, and vehicle identification number of all
vehicles refueled at the g G asoline dispensing facility. These records shall be maintained on the premises for at least two (2) calendar years. [derived from SJVAPCD Rule 4622§6.1.3]

( 7 ) Record Keeping

( A ) The owner/operator of any Gasoline Transfer and Dispensing Facility shall keep the following records: (i) Records of all inspections and repairs (e.g. receipts for parts used in the repair, work orders, etc.) (ii) Records o f all test results. (iii) Throughput records as required by permit conditions.

( B ) All records except test results shall be maintained for a period of two (2) years.461-16 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 Records of test results shall be maintain ed for a period of five (5) years. All
records shall be made available to the District upon request.

(D) Performance and Reverification Test Methods [derived from SCAQMD Rule 461(f)]

All test methods referenced in this subsection shall be the most recently CARB approved version or as stated in the applicable CARB Executive Orders.

(1) The static pressure performance of a Phase I or Phase II Vapor Recovery System for underground and aboveground tanks shall be determined by the CARB Test Procedure TP-201.3 and TP-201.3B, as applicable.

(2) The dynamic pressure performance of a Phase II Vapor Recovery System shall be determined by the CARB Test Procedure TP-201.4.

(3) The air-to-liquid volume ratio of a Phase II Vapor Recovery System shall be determined by the CARB Test Procedure TP-201.5.

(4) The liquid removal rate of a Phase II Vapor Recovery System shall be determined by the
CARB Test Procedure TP-201.6.

(5) The manifold of the underground storage tanks shall meet CARB tank tie test requirements pursuant to TP-201.3C.

(6) The static torque of rotatable adaptors for a Phase I Enhanced Vapor Recovery system shall be determined by the CARB Test Procedure TP-201.1B.

(7) The applicable tests for the drop tube, drain valve assembly, and overfill prevention device are the following:

(a) The leak rate of the drop tube/drain valve assembly for a Phase I EnhancedVapor Recovery system shall be determined by the CARB Test Procedure TP201.1C.

(b) The leak rate of the drop tube overfill protection device and spill container drain valve for a Phase I Enhanced Vapor Recovery system shall be determined by the
CARB Test Procedure TP-201.1D.

(8) The leak rate and cracking pressure of pressure/vacuum vent valves for a Phase IEnhanced Vapor Recovery system shall be determined by the CARB Test Procedure TP201.1E.

(9) Any other test methods approved by the USEPA, CARB, and the District for underground tanks, aboveground tanks, and Mobile Fuelers.AVAQMD Rule 461 461-17 Gasoline Transfer and Dispensing D2, 08/08/08 

### d ) Test Methods

The performance and reverification tests specified in paragraph ( c )(4) shall be conducted in
accordan ce with the following test methods. All test methods referenced in this sub

- division shall be the most recently approved version.

(1) The static pressure performance of a Phase I or Phase II Vapor Recovery System shall be determined by the CARB Test Proc edure TP

- 201.3.

(2) The dynamic pressure performance of a Phase II Vapor Recovery System shall be determined by the CARB Test Procedure TP

- 201.4.

(3) The air

- to

- liquid volume ratio of a Phase II Vapor Recovery System shall be determined by the CARB Test Procedure TP

- 201.5.

(4) The liquid removal rate of a Phase II Vapor Recovery System shall be determined by the
CARB Test Procedure TP

- 201.6.

(5) Any other test methods approved by the USEPA, CARB, and the District.



### ( e E ) Exemptions

The provisions of this rule shall not apply to the transfer of Gasoline:

(1) Into or from any stationary storage tank or Mobile Fueller Fueler if 75 percent or more of its monthly throughput is used for the fueling of implements of husbandry, such as vehicles defined in Division 16 (Section 36000, et seq.) of the California Vehicle Code, provided such a tank is equipped with a Submerged Fill Tube.

(2) Into or from any stationary storage tank or Mobile Fueller Fueler used exclusively for fueling agricultural wind machines.

(3) From any Mobile Fueller Fueler of greater than 454 liters (120 gallons) into any Motor Vehicle fuel tank of greater than 19 liters (5 gallons) capacity until 12 months following the general commercial availability of an applicable vapor recovery design suitable to
the Mobile Fueller Fueler ’s gasoline Gasoline transfer and storage equipment and certification of such a system by the California Air Resources Board CARB

.

(4) Except for Section f and , the The requirements of this rule (C)(2) shall not apply to dedicated, non-public accessible, fuel dispensing equipment serving vehicle fleets where 95 percent of the fleet vehicles are equipped with o O nboard r R efueling v V apor

r R ecovery (ORVR) systems. To qualify for this exemption, the fleet operator must also
own the g G asoline Transfer and d D ispensing operation that services the vehicle fleet. [derived in part from SJVUAPCD Rule 4622 §4.3]461-18 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 (a) Prior to operating under the exemption in Section (E)(4), operator shall obtain a valid Authority to Construct or Permit to Operate allowing such operations. [derived from SJVUAPCD Rule 4622 §7.5]AVAQMD Rule 461 461-19 Gasoline Transfer and Dispensing D2, 08/08/08 [SIP: Submitted as amended mm/dd/yy on ______; Disapproved 6/21/01, 66 FR 33177, 40 CFR 52.269(b)(3)(ii)(a) Prior version dated 1/3/96 retained; Approved 10/7/96, 61 FR 52297, 40 CFR 52.220(c)(229)(i)(A)(1); Approved 8/17/94, 59 FR 42165, 40 CFR 52.220(c) (182)(i)(A)(4); Approved 5/3/84, 49 FR 18829, 40 CFR 52.220(c)(127)(vii)(B); Approved 7/8/82, 47 FR 2968, 40 CFR 52.220(c)(95)(iv)(A); Approved _______, _______, 40 CFR 52.220(c)(66)(i)(A); Approved _______, ________, 40 CF R 52.220(c)(45)(iii)(A); Disapproved prior version of 4/21/76 retained 9/8/78, 43 FR 40011, 40 CFR 52.220(c)(39)(iii)(A), 40 CFR 52.220(c)(39)(vi)(B) and 40 CFR 52.229(b)(2)(i); Approved 7/26/77, 42 FR 37976, 40 CFR 52.220(c)(31)(vi)(A) and 40 CFR 52.220(c)(35)(ii)(A)]461-20 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT A

CALIFORNIA CODE OF REGULATIONS, SECTION 94006 SUBCHAPTER 8, CHAPTER 1, PART III OF TITLE 17

Section 94006. Defects Substantially Impairing the Eff ectiveness of Vapor Recovery Systems
U sed in Motor Vehicle Fueling Operations.

For the purposes of Section 41960.2 of the Health and Safety Code, the following constitute equipment defects in systems for the control of Gasoline Va pors resulting from Motor Vehicle fueling operations
which subs tantially impair the effectiveness of the systems in reducing air contaminants:

(a) Absence or disconnection of any component required to be used in the Executive Order(s) that certified the system.

(b) A vapor hose which is crimped or flattened such tha t the vapor passage is blocked, or the pressure drop through the vapor hose exceeds by a fact or of two or more the requirements in the system certified in the CARB Executive Order(s) applicable to the system.

(c) A nozzle bellows which is torn in one or m ore of the following manner:

1. triangular

- shaped or similar tear 2 inch or more to a side, or hole 2 inch or more in diameter or,

2. Slit 1 inch or more in length.

(d) Faceplate or flexible cone which is damaged in the following manner:

1. For balance nozzles and for nozzles for aspirator and eductor

- assist type systems, damage shall be such that the capability to ach ieve a seal with a fill pipe interface is affected for 1/4 of the circumference of the faceplate (accumulated).

2. For nozzles for vacuu m assist

- type systems, more than 1/4 of the flexible cone missing.

(e) Nozzle shutoff mechanisms which malfunction in any manner.

(f) Vapor return lines, including such components as swivels, anti

- recirculation valves and underground piping, which malfun ction or are blocked, or restricted such that the pressure drop through the lines exceeds by factor of two or more requirements specified in the Executive Order(s) that certified the system.AVAQMD Rule 461 461-21 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT A

- CONTINUED

(g) Vapor processing unit which is i noperative.

(h) Vacuum producing device which is inoperative.

(i) Pressure/vacuum Relief Valves, Vapor Check Valves, or dry breaks which are inoperative.

(j) Any equipment defect which is identified in an Executive Order certifying a system pursuant to the Certification Procedures incorporated in Section 94001 of Title 17, California Code of Regulations, as substantially impairing the e ffectiveness of the system in reducing air
contaminants.

All nozzles affected by the above defects are to be considered defective.

NOTE: Authority Cited: Sections 39600, 39601, 41960.2, Health and Safety Code.461-22 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT B A

APCD AVAQMD -REQUIRED SIGNS

I (A) . The operator shall post the following signs:

( A 1 ) "NOZZLE" operating instructions : ;

( B 2 ) Antelope Valley APCD AQMD " toll-free telephone number; and

( C 3 ) A "warning" stating:

"TOXIC RISK - FOR YOUR OWN PROTECTION DO NOT BREATHE FUMES DO NOT TOP TANKS"

II. (B) All required signs shall conform to all of the following:

( A 1 ) For decal signs:

( i a ) Each sign shall be visible from all Fueling Positions it serves; and located adjacent to the dispenser price indicator (per gallon) on each side next to the driveway it serves ; and [derived from SCAQMD Rule 461 Amended March 7, 2008]

( ii b ) Sign shall be readable from a distance of 3 feet.

( B 2 ) All other signs:

( i a ) For pump toppers, one double-back sign per island;

( ii b ) For permanent (non-decal) signs, two single-sided or one double-sided sign(s) per two (2) dispensers.

( iii c ) All signs shall be readable from a distance of 6 feet.AVAQMD Rule 461 461-23 Gasoline Transfer and Dispensing D2, 08/08/08 This Page Intentionally Left Blank461-24 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT B [derived from SCAQMD Rule 461 Attachment B]

WEEKLY MAINTENANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the following during the weekly maintenance inspections:

(A) PHASE I VAPOR RECOVERY SYSTEM INSPECTION

(1) The spill container is clean and does not contain Gasoline. The spill containment drain valve shall be Vapor-tight.

(2) The fill caps are not missing, damaged or loose.

(3) If applicable:

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting.

(b) the dry break (poppet valve) is not missing or damaged.

(4) The Submerged Fill Tube is not missing or damaged.

(B) PHASE II VAPOR RECOVERY SYSTEM INSPECTION

(1) The fueling instructions are clearly displayed with the appropriate toll-free complaint phone number and toxic warning signs.

(2) The following nozzle components are in place and in good condition, as specified in
CARB Executive Orders:

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device (ECD)/VEG

(b) bellows

(c) latching device spring

(d) Vapor Check Valve

(e) spout (proper diameter/vapor collection holes)

(f) Insertion Interlock Mechanism

(g) automatic shut-off mechanism

(h) hold open latchAVAQMD Rule 461 461-25 Gasoline Transfer and Dispensing D2, 08/08/08 (3) The hoses are not torn, flattened or crimped.

(4) For Vacuum-assist Systems, the vapor processing unit and burner are functioning properly.

(C) RECORDS OF DEFECTIVE COMPONENTS461-26 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT C [derived from SCAQMD Rule 461 Attachment C]

PERIODIC COMPLIANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the following during the periodic compliance inspections:

(A) GENERAL INSPECTION

(1) The District permit is current.

(2) The equipment and District permit description match.

(3) The facility complies with all permit conditions.

(4) The required sign is properly posted and the sign contains all the necessary information. (i.e., toll-free complaint phone number, toxic warning sign, etc.)

(B) PHASE I VAPOR RECOVERY SYSTEM INSPECTION

(1) The spill container is clean and does not contain Gasoline.

(2) The fill caps are not missing, damaged or loose.

(3) If applicable:

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting.

(b) the dry break (poppet valve) is not missing or damaged.

(4) The Submerged Fill Tube is not missing or damaged.

(5) The distance between the highest level of the discharge opening of the Submerged Fill Tube and the bottom of the stationary storage tank does not exceed six inches (6").

(6) The Phase I Vapor Recovery System complies with required CARB certification and is properly installed.

(7) The Spill Box complies with required CARB certification and is properly installed.

(8) The vent pipes are equipped with required Pressure/vacuum Relief Valves.

(C) PHASE II VAPOR RECOVERY SYSTEM INSPECTIONAVAQMD Rule 461 461-27 Gasoline Transfer and Dispensing D2, 08/08/08 (1) The fueling instructions are clearly displayed.

(2) Each nozzle is the current CARB-certified model.

(3) Each nozzle is installed in accordance with the applicable CARB Executive Orders.

(4) The following nozzle components are in place and in good condition, as specified in CARB Executive Orders or California Code of Regulations, Title 17, Part III, Chapter 1, subchapter 8, section 94006 or Health and Safety Code Section 41960.2 (e):

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device (ECD)

(b) bellows

(c) latching device spring

(d) Vapor Check Valve

(e) spout (proper diameter/vapor collection holes)

(f) Insertion Interlock Mechanism

(g) automatic shut-off mechanism

(h) hold open latch

(5) The hoses are not torn, flattened or crimped.

(6) The vapor recovery hoses are the required size and length.

(7) The hoses with retractors are adjusted to maintain a proper loop, and the bottom of the loop is within the distance from the island surface certified by the CARB Executive Order for that particular dispenser configuration.

(8) The vapor recovery nozzles are equipped with required hoses.

(9) The bellows-equipped vapor recovery nozzles are equipped with "CARB Certified"
Insertion Interlock Mechanisms.

(10) If required, the flow limiter is not missing and is installed properly.

(11) The swivels are not missing, defective, or leaking, and the dispenser-end swivels, if applicable, are Fire-Marshall approved with 90-degree stops.

(12) If required, the Liquid Removal Devices comply with required CARB certifications and are properly installed.461-28 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 (13) For Bellows-less Nozzles, the hoses are inverted coaxial type except for Hirt systems, and the vapor collection holes are not obstructed.

(14) For Vacuum-assist Systems, the vapor processing unit and burner are functioning properly.

(15) For Aspirator-assist Systems, the major components (i.e. aspirator or jet pump, modulating valve, and Vapor Check Valve) are present inside each dispenser. For Aspirator-assist Systems with certification-required calibration stickers, the current calibration sticker is present.AVAQMD Rule 461 461-29 Gasoline Transfer and Dispensing D2, 08/08/08 This page intentionally left blank.461-30 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT A

CALIFORNIA CODE OF REGULATIONS, SECTION 94006 SUBCHAPTER 8, CHAPTER 1, PART III OF TITLE 17

Section 94006. Defects Substantially Impairing th e Effectiveness of Vapor Recovery Systems Used in Motor Vehicle Fueling Operations.

For the purposes of Section 41960.2 of the Health and Safety Code, the following constitute equipment defects in systems for the control of Gasoline Va pors resulting from Motor Vehicle fueling operations which substantially impair the effectiveness of the systems in reducing air contaminants:

(a) Absence or disconnection of any component required to be used in the Executive Order(s) that certified the system.

(b) A vapor hose which is crimped or flattene d such that the vapor passage is blocked, or the pressure drop through the vapor hose exceeds by a fact or of two or more the requirements in the system certified in the CARB Executive Order(s) applicable to the system.

(c) A nozzle bellows which is torn i n one or more of the following manner:

1. triangular

- shaped or similar tear 2 inch or more to a side, or hole 2 inch or more in diameter or,

2. Slit 1 inch or more in length.

(d) Faceplate or flexible cone which is damaged in the following manner:

1. F or balance nozzles and for nozzles for aspirator and eductor

- assist type systems, damage shall be such that the capability to ach ieve a seal with a fill pipe interface is affected for 1/4 of the circumference of the faceplate (accumulated).

2. For nozzles for vacuum assist

- type systems, more than 1/4 of the flexible cone missing.

(e) Nozzle shutoff mechanisms which malfunction in any manner.

(f) Vapor return lines, including such components as swivels, anti

- recirculation valves and underground piping, wh ich malfunction or are blocked, or restricted such that the pressure drop through the lines exceeds by factor of two or more requirements specified in the Executive Order(s) that certified the system.AVAQMD Rule 461 461-31 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT A

- CONTINUED

(g) Vapor processing unit which is inoperative.

(h) Vacuum producing device which is inoperative.

(i) Pressure/vacuum Relief Valves, Vapor Check Valves, or dry breaks which are inoperative.

(j) Any equipment defect which is identified in an Executive Order certifying a system pu rsuant to the Certification Procedures incorporated in Section 94001 of Title 17, California Code of Regulations, as substantially impairing the e ffectiveness of the system in reducing air
contaminants.

All nozzles affected by the above defects are to be considered defective.

NOTE: Authority Cited: Sections 39600, 39601, 41960.2, Health and Safety Code.461-32 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT B A

APCD AVAQMD -REQUIRED SIGNS

I (A) . The operator shall post the following signs:

( A 1 ) "NOZZLE" operating instructions : ;

( B 2 ) Antelope Valley APCD AQMD " toll-free telephone number; and

( C 3 ) A "warning" stating:

"TOXIC RISK - FOR YOUR OWN PROTECTION DO NOT BREATHE FUMES DO NOT TOP TANKS"

II. (B) All required signs shall conform to all of the following:

( A 1 ) For decal signs:

( i a ) Each sign shall be visible from all Fueling Positions it serves; and located adjacent to the dispenser price indicator (per gallon) on each side next to the driveway it serves ; and [derived from SCAQMD Rule 461 Amended March 7, 2008]

( ii b ) Sign shall be readable from a distance of 3 feet.

( B 2 ) All other signs:

( i a ) For pump toppers, one double-back sign per island;

( ii b ) For permanent (non-decal) signs, two single-sided or one double-sided sign(s) per two (2) dispensers.

( iii c ) All signs shall be readable from a distance of 6 feet.AVAQMD Rule 461 461-33 Gasoline Transfer and Dispensing D2, 08/08/08 This Page Intentionally Left Blank461-34 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT B [derived from SCAQMD Rule 461 Attachment B]

WEEKLY MAINTENANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the following during the weekly maintenance inspections:

(A) PHASE I VAPOR RECOVERY SYSTEM INSPECTION

(1) The spill container is clean and does not contain Gasoline. The spill containment drain valve shall be Vapor-tight.

(2) The fill caps are not missing, damaged or loose.

(3) If applicable:

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting.

(b) the dry break (poppet valve) is not missing or damaged.

(4) The Submerged Fill Tube is not missing or damaged.

(B) PHASE II VAPOR RECOVERY SYSTEM INSPECTION

(1) The fueling instructions are clearly displayed with the appropriate toll-free complaint phone number and toxic warning signs.

(2) The following nozzle components are in place and in good condition, as specified in
CARB Executive Orders:

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device (ECD)/VEG

(b) bellows

(c) latching device spring

(d) Vapor Check Valve

(e) spout (proper diameter/vapor collection holes)

(f) Insertion Interlock Mechanism

(g) automatic shut-off mechanism

(h) hold open latchAVAQMD Rule 461 461-35 Gasoline Transfer and Dispensing D2, 08/08/08 (3) The hoses are not torn, flattened or crimped.

(4) For Vacuum-assist Systems, the vapor processing unit and burner are functioning properly.

(C) RECORDS OF DEFECTIVE COMPONENTS461-36 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 ATTACHMENT C [derived from SCAQMD Rule 461 Attachment C]

PERIODIC COMPLIANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the following during the periodic compliance inspections:

(A) GENERAL INSPECTION

(1) The District permit is current.

(2) The equipment and District permit description match.

(3) The facility complies with all permit conditions.

(4) The required sign is properly posted and the sign contains all the necessary information. (i.e., toll-free complaint phone number, toxic warning sign, etc.)

(B) PHASE I VAPOR RECOVERY SYSTEM INSPECTION

(1) The spill container is clean and does not contain Gasoline.

(2) The fill caps are not missing, damaged or loose.

(3) If applicable:

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting.

(b) the dry break (poppet valve) is not missing or damaged.

(4) The Submerged Fill Tube is not missing or damaged.

(5) The distance between the highest level of the discharge opening of the Submerged Fill Tube and the bottom of the stationary storage tank does not exceed six inches (6").

(6) The Phase I Vapor Recovery System complies with required CARB certification and is properly installed.

(7) The Spill Box complies with required CARB certification and is properly installed.

(8) The vent pipes are equipped with required Pressure/vacuum Relief Valves.

(C) PHASE II VAPOR RECOVERY SYSTEM INSPECTIONAVAQMD Rule 461 461-37 Gasoline Transfer and Dispensing D2, 08/08/08 (1) The fueling instructions are clearly displayed.

(2) Each nozzle is the current CARB-certified model.

(3) Each nozzle is installed in accordance with the applicable CARB Executive Orders.

(4) The following nozzle components are in place and in good condition, as specified in CARB Executive Orders or California Code of Regulations, Title 17, Part III, Chapter 1, subchapter 8, section 94006 or Health and Safety Code Section 41960.2 (e):

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device (ECD)

(b) bellows

(c) latching device spring

(d) Vapor Check Valve

(e) spout (proper diameter/vapor collection holes)

(f) Insertion Interlock Mechanism

(g) automatic shut-off mechanism

(h) hold open latch

(5) The hoses are not torn, flattened or crimped.

(6) The vapor recovery hoses are the required size and length.

(7) The hoses with retractors are adjusted to maintain a proper loop, and the bottom of the loop is within the distance from the island surface certified by the CARB Executive Order for that particular dispenser configuration.

(8) The vapor recovery nozzles are equipped with required hoses.

(9) The bellows-equipped vapor recovery nozzles are equipped with "CARB Certified"
Insertion Interlock Mechanisms.

(10) If required, the flow limiter is not missing and is installed properly.

(11) The swivels are not missing, defective, or leaking, and the dispenser-end swivels, if applicable, are Fire-Marshall approved with 90-degree stops.

(12) If required, the Liquid Removal Devices comply with required CARB certifications and are properly installed.461-38 AVAQMD Rule 461 Gasoline Transfer and Dispensing D2, 08/08/08 (13) For Bellows-less Nozzles, the hoses are inverted coaxial type except for Hirt systems, and the vapor collection holes are not obstructed.

(14) For Vacuum-assist Systems, the vapor processing unit and burner are functioning properly.

(15) For Aspirator-assist Systems, the major components (i.e. aspirator or jet pump, modulating valve, and Vapor Check Valve) are present inside each dispenser. For Aspirator-assist Systems with certification-required calibration stickers, the current calibration sticker is present.AVAQMD Rule 461 - Gasoline Transfer And Dispensing B

- 1 Final Staff Report, 2/12/09 

### APPENDIX "B"
PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, 07/18/08B-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing B

- 3 Final Staff Report, 2/12/09B-4 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing C

- 1 Final Staff Report, 2/12/09 

### APPENDIX "C"
PUBLIC COMMENTS AND RESPONSES

1. CARB Comment Letter, 08/08/08C-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing C

- 3 Final Staff Report, 2/12/09 

## 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 comment s on the following pages. We believe that our comments can be used to enhance the cl arity 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 pagesC-4 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 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 suppor ts 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 sta ff also consider a Phase II exemption for dispensing systems for E85 fuel. The justificati on for this request is also provided in the February 20, 2008 letter.



## Comments on Proposed Amended Rule 461

3. Sections (B)(3): We recommend deleti ng the phrase, “An Aspirator-assist systems may also incorporate Gasoline Vapor inciner ators and/or Bellows-less Nozzles,” as the terms “vapor incinerators” and “bello ws-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 alte rnative may be to define “vehicle fleet.”

6. Sections (B)(31): We recommend delet ing the phrase, “Vacuum-assist systems may also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles,” as the terms “vapor incinerators” and “bellows-l ess 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.AVAQMD Rule 461 - Gasoline Transfer And Dispensing C

- 5 Final Staff Report, 2/12/09 8. Section (C)(3)(c)(iii): We recommend delet ing the phrase “Is operated and maintained with an integral Vapor-tight drain valve to retu rn spilled Gasoline to the storage tank, if the tank is equipped with a spill container” fo r 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/testme th/vol2/cp201_may2006.pdf).C-6 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing C

- 7 Final Staff Report, 2/12/09 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.C-8 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing D

- 1 Final Staff Report, 2/12/09 

### APPENDIX "D" CALIFORNIA ENVIRONMENTAL QUALITY ACT
DOCUMENTATION

1. Notice of Exemption – Los Angeles CountyD-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing D

- 3 Final Staff Report, 2/12/09D-4 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.AVAQMD Rule 461 - Gasoline Transfer And Dispensing E-1 Final Staff Report, 2/12/09 

### APPENDIX "E"
BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed
amendment to Rule 461:

1. 66 FR 33177, 6/21/01
2. 65 FR 68111, 11/14/00
3. USEPA Technical Support Document for AVAQMD Rule 461, 07/27/00
4. Archive Files, Rule 461 09/15/98
5. ARB letter, 02/20/08, Encouraging Air Distri cts to Adopt Phase II Vapor Recovery Exemptions for ORVR Fleets and E85 Dispensing http://www.arb.ca.gov/vapor/e85/e85orvrletter022008.pdf
6. SCAQMD Rule 461, Amended March 7, 2008
7. SJVUAPCD Rule 4622, Amended December 20, 2007E-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing Final Staff Report, 2/12/09 This page intentionally left blank.