UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Antelope Valley Air Quality Management District, Rule 461, Gasoline Transfer and Dispensing

Prepared by: David Grounds

Reviewed by: Andrew Steckel

October 26, 2010
RULE IDENTIFICATION

Agency: Antelope Valley Air Quality Management District (AVAQMD)

SIP Approved Rule: Rule 461 – Gasoline Transfer and Dispensing

Adopted – September 8, 1995

Submitted – January 31, 1996

EPA Approved – October 7, 1996 (61 FR 52297)

Subject of this TSD: Rule 461 - Gasoline Transfer and Dispensing

Amended – October 21, 2008

Submitted – April 6, 2009

RULE SUMMARY – AVAQMD Rule 461, Gasoline Transfer and Dispensing, is a rule designed to limit 

volatile organic compound (VOC) emissions during the transfer of gasoline from any tank truck, trailer, 

or railroad tank car into any stationary storage tank or mobile fueler, and from any stationary storage 

tank or mobile fueler into any mobile fueler or motor vehicle fuel tank. AVAQMD is a severe nonattainment area for the 8-hour ozone national ambient air quality standard (NAAQS)(40 CFR 81.305), 

and AVAQMD revised Rule 461 partly to address the associated Clean Air Act (CAA) obligations.

The significant changes to Rule 461 relative to the SIP approved rule include:

1. Section B, added several definitions and made other editorial changes to improve clarity.

2. Section C, added new requirements for recordkeeping, training, equipment installation, 

maintenance, inspection and certification.

3. Section D, added several performance and re-verification test methods.

4. Section E, added new exemption for Phase II vapor recovery requirements for non-retail fleets 

where at least 95% of the fleet is equipped with onboard refueling vapor recovery (ORVR).

EPA EVALUATION CRITERIA - The following criteria were used to evaluate the submitted Rule 70:

1. Enforceability – The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations), EPA, May 25, 1988 and the Little Bluebook (Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies), EPA Region 9, August 21, 2001, were used to help 

evaluate compliance with CAA §110(a)(2)(A) requirement for enforceability.

2. RACT – EPA’s Control Technique Guidelines (CTG) titled, “Technical Guidance - Stage II Vapor 

Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities” 

(EPA 450/3-91-022), “Control of Volatile Organic Emissions From Bulk Gasoline Plants”( EPA450/2-77-035), “Control of Volatile Organic Emissions From Storage of Petroleum Liquids in 

Fixed-Roof Tanks”(EPA-450/2-77-036), “Control of Volatile Organic Emissions from Petroleum 
Liquid Storage in External Floating Roof Tanks”( EPA-450/2-78-047), “Stationary Sources” (EPA453/R-92-018 (ACT)) , EPA’s Draft Model Rule,” Gasoline Dispensing Facility – Stage II Vapor 

Recovery, (August 17, 1992), “Gasoline Vapor Recovery Guidelines”, EPA Region IX (April 24, 

2000) and other state and local rules for this category were used to help evaluate the RACT 

requirements of CAA §182(b)(2) and §182(f).

3. SIP Relaxation – Where previous versions of rules have been SIP approved, new submittals must 

comply with CAA §110(l) and §193 regarding SIP relaxations. 

EPA EVALUATION - The submitted AVAQMD Rule 461 is more stringent than the approved SIP, largely 

because of added administrative and technical details, and does not relax the existing SIP-approved rule. 

The current SIP submittal generally contains sufficient testing and recordkeeping requirements to satisfy 

enforcement requirements. The stringency of requirements in submitted Rule 461 is also generally 

consistent with relevant guidance and analogous rules in other areas that help define RACT.

RULE DEFICIENCIES – We have identified no deficiencies with Rule 461 sufficient for EPA to propose less 

than full approval.

RECOMMENDATIONS – The following revisions are not currently the basis for rule disapproval, but are 

recommended for the next time the rule is amended.

Section C(1)(c) should reference section B(32) for Vapor Tight.

EPA ACTION – The submitted revisions to Rule 461 will help clarify the SIP and improve compliance 

assurance. The rule largely fulfills the relevant CAA §110 and part D requirements. EPA staff 

recommends approval of Rule 461 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES –

1. AVAQMD Rule 461, Gasoline Transfer and Dispensing, as submitted on April 6, 2009.

2. AVAQMD Rule 461, Gasoline Transfer and Dispensing, as approved into the SIP on September 8, 

1995.