1 Final Staff Report with Appendices for 

Amendments to Rules 4621 & 4622

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

FINAL STAFF REPORT 

Amendments to 

Rule 4621 (Gasoline Transfer into Stationary Storage Containers, Delivery 

Vessels, and Bulk Plants) and 

Rule 4622 (Gasoline Transfer into Motor Vehicle Fuel Tanks) 

December 19, 2013 

Prepared by: Sajjad Ahmad, Air Quality Engineer 

 Jesse A. Garcia, Air Quality Engineer 

Reviewed by: Anna Myers, Senior Air Quality Specialist 

Rob Vinson, Senior Air Quality Inspector 

Jim Swaney, Permit Services Manager 

Morgan Lambert, Director of Compliance 

I. SUMMARY 

On December 12, 2006, the United States Environmental Protection Agency (EPA) 

issued a memorandum (see Appendix A) to provide guidance to States regarding the 

removal of Stage II (Phase II)1

 gasoline vapor recovery system in specific portions of the 

motor vehicle fleet, that included the refueling of Flexible Fuel Vehicles (FFVs) at E85 fuel 

(85% ethanol and 15% gasoline) dispensing facilities. EPA’s recommendation was based 

on the fact that FFVs that use E85 fuel are also equipped with an Onboard Refueling 

Vapor Recovery (ORVR) system. Since ORVR essentially performs the same function as 

Phase II vapor recovery system, FFVs refueling at E85 dispensing facilities are already 

having their evaporative emissions captured. 

On February 20, 2008, the California Air Resources Board (ARB) issued a letter (see 

Appendix A) to all local air districts encouraging them to revise their vapor recovery 

rules to eliminate the requirement for Phase II vapor recovery systems on the vehicle 

fleets mentioned by EPA on their aforementioned letter that includes refueling of FFVs 

at E85 fuel dispensing facilities. ARB also issued an Executive Order G-70-212 

summarizing these recommendations. 

 

1

 The term Phase II, instead of Stage II, applies to the California vapor recovery program; therefore, the 

term Phase II will be used whenever applicable to the District. 
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Based on this guidance from EPA and ARB, the San Joaquin Valley Unified Air 

Pollution Control District (District) is proposing to amend District Rule 4622 (Gasoline 

Transfer into Motor Vehicle Fuel Tanks) to incorporate an exemption from requiring 

Phase II vapor recovery systems for E85 fuel dispensing facilities. 

The District is also proposing to amend District Rule 4621 (Gasoline Transfer into 

Stationary Storage Containers, Delivery Vessels, and Bulk Plants) to not requiring ARB 

certification for aviation gasoline bulk loading operations because ARB does not certify 

these operations. 

Additionally, ARB recently adopted several cost reduction measures; however, the 

District found that all ARB cost reduction measures currently proposed or already 

adopted will be incorporated into ARB’s Executive Orders. Since District Rules 4621 

and 4622 already enforce all requirements in accordance with ARB’s Executive Orders, 

any cost reduction measures adopted by ARB and incorporated into Executive Orders 

would be sufficiently enforced by our current rules. In addition, no comments were 

received from the stakeholders in this regard during or after the stakeholder meetings 

held on August 28, 2013. Therefore, District staff concluded that no amendment of 

District Rules 4621 and 4622 is necessary at this time to accommodate ARB’s cost 

reduction measures. 

The District is also proposing an amendment to District Rule 4622 to reduce the 

frequency of the Dynamic Back-Pressure Test from once every twelve months to once 

every five years. Due to the invasive nature of the test in which vapor space of the 

system is opened, reducing the test frequency will reduce the resulting emissions 

inherent from opening the vapor space. However, the emission reductions will not be 

quantified for the purpose of this rule amendment project. 

Rule amendments would also improve understanding of existing rule requirements by 

removing expired and redundant language, and adding clarifying language. 

II. PROJECT BACKGROUND 

A. Source Category 

District Rule 4621 applies to gasoline storage containers located at bulk plants with 

capacities greater than 250 gallons and less than 19,800 gallons; to other stationary 

gasoline storage containers with capacities greater than 250 gallons; and to those 

gasoline storage containers that are not subject to the control requirements of District 

Rule 4623 (Storage of Organic Liquids) Section 5.0. The rule also applies to gasoline 

delivery vessels. 
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District Rule 4622 applies to any gasoline storage and dispensing operation or mobile 

fueler from which gasoline is transferred into motor vehicle fuel tanks, except as 

provided in Section 4.0 of the rule. 

B. Current District Rules Requirements 

The purpose of District Rules 4621 and 4622 is to limit VOC emissions during storage 

and transfer of gasoline. Current rule specifics are available online at: 

http://valleyair.org/rules/1ruleslist.htm. 

1) District Rule 4621 

District Rule 4621 requires aboveground and underground gasoline storage containers 

to be equipped with an ARB certified Phase I vapor recovery system, a permanent 

submerged fill pipe, and a pressure-vacuum relief valve with specified operational 

settings. Bulk plants and loading racks are required to be equipped with an ARB 

certified vapor recovery system for gasoline loading operations, maintained free of 

leaks, and inspected semi-annually.

2) District Rule 4622 

District Rule 4622 requires that the containers subject to District Rule 4621 be 

equipped with an ARB certified Phase II vapor recovery system subject to periodic 

maintenance inspections based on gasoline throughput, maintenance of an 

operations and maintenance manual (O&M manual), and prompt replacement of 

damaged Phase II components. 

C. Control Technologies 

There are two main types of vapor recovery systems utilized to control vapor losses 

from the transfer and storage of gasoline. The Phase I systems control vapor losses 

during the transfer of gasoline from delivery vessels to storage tanks while Phase II 

systems control vapor losses from the transfer of gasoline into motor vehicle fuel tanks. 

When the storage tank is being filled, the gasoline introduced displaces the vapor in the 

storage tank. Similarly, when liquid gasoline is dispensed into the vehicle fuel tank, it 

displaces the gasoline vapor already present in the vehicle fuel tank. If the vapor 

recovery systems do not adequately collect the displaced vapor, the vapor can be 

emitted into the atmosphere. 

ORVR is a vehicle emission control system and is an integral part of the vehicle fuel 

system to capture at least 95% of the vapors that otherwise would be displaced during 

refueling. The gas tank and fill pipe are designed so that when refueling the vehicle, 

fuel vapors in the gas tank travel to an activated carbon packed canister, which adsorbs 
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the vapor. When the engine is in operation, it draws the gasoline vapors into the engine 

intake manifold to be used as fuel. 

ORVR essentially performs the same function as Phase II Vapor Recovery System 

(VRS) and both are required to achieve a minimum vapor control efficiency of 95%. 

III. AMENDMENTS 

A. District Rule 4621 (Gasoline Transfer into Stationary Storage Containers, 

Delivery Vessels, and Bulk Plants) 

1. Section 4.0 (Exemptions) 

Language is amended in Section 4.0 to exempt equipment listed in Sections 4.1 through 

4.4 from this rule except for the requirements of Sections 6.1.1 and 6.1.4. This 

amendment is to clarify that equipment listed in Sections 4.1 through 4.4 are exempt 

from all ARB Phase I and ARB Phase II requirements. 

2. Section 5.6 (Bulk Plants and Loading Racks at Bulk Plants) 

Section 5.6.1 is split into two subsections 5.6.1.1 and 5.6.1.2. Subsection 5.6.1.1 

applies to bulk plants not involved with aviation gasoline loading and continues to 

require an ARB certified vapor recovery system for loading operations (loading rack). 

Subsection 5.6.1.2 applies to bulk plants involved with aviation gasoline loading. 

Currently, District Rule 4621 requires ARB’s bulk plant certification for aviation gasoline 

bulk loading operations. However, ARB does not certify aviation gasoline bulk loading 

operations. Therefore, District Rule 4621 is amended to remove ARB certification 

requirements for these operations. Instead of ARB certifications, these operations are 

required to be equipped with a vapor recovery system that meets a minimum volumetric 

control of 90% when measured in accordance with the test method specified in Section 

6.4.9. 

3. Section 5.7 (Delivery Vessels) 

Section 5.7.3 is amended to account for a scenario in which one delivery vessel is 

directly filled with gasoline from another delivery vessel without any intermediate 

gasoline storage tank. Such scenario can be encountered when a smaller delivery 

vessel is directly filled from a larger one. Since any delivery vessel into which gasoline 

vapors have been transferred can only be filled at a loading rack or another delivery 

vessel that is equipped with ARB certified vapor recovery system, this amendment 

addresses this requirement.

 
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4. Section 6.0 (Administrative Requirements) 

A new Section 6.4.9 is added to include ARB’s Test Procedure 

TP-202.1, Determination of Emission Factor of Vapor Recovery Systems of Bulk Plants. 

This test procedure is required to demonstrate the required control efficiency for bulk 

plant loading operations falling under new Section 5.6.1.2. 

B. District Rule 4622 (Gasoline Transfer into Motor Vehicle Fuel Tanks) 

1. Section 3.0 (Definitions) 

Four new definitions are added to Section 3.0 for clarification of terms used within the 

requirements of District Rule 4622. These definitions include E85 Fuel, IOM Manual, InStation Diagnostics (ISD) system, and Liquid Condensate Trap. ISD and liquid 

condensate trap definitions are consistent with ARB’s Definitions for Vapor Recovery 

Procedures (D-200). 

2. Section 4.0 (Exemptions) 

A new exemption is added to the rule as Section 4.5. This exemption allows mobile 

fuelers registered under District Permit Exempt Equipment Registration program to not 

be subject to the testing requirements of Section 6.4.1. Such mobile fuelers are subject 

to the certification requirements of ARB’s Executive Order G-70-193, Certification of the 

Hill-Vac Vapor Recovery System for Cargo Tank Motor Vehicle Fueling Systems. G-70-

193 already lists all of the testing requirements for these mobile fuelers making testing 

requirements under District Rule 4622 redundant and unnecessary. 

A second exemption is added under a new Section 4.6 to exempt E85 fuel dispensing 

operations from rule requirements. As mentioned under Section I of this document, 

FFVs that use E85 fuel are also equipped with ORVR. Since ORVR essentially 

performs the same function as Phase II vapor recovery system and each of them is 

required to achieve a minimum vapor control efficiency of 95%, the removal of Phase II 

vapor recovery system for E85 fuel dispensing operation will not result in relaxing 

current rule requirements and will not result in an increase in emissions. 

 

3. Section 5.0 (Requirements) 

Section 5.4.1 is amended to eliminate redundant language that is already included in 

the definition of Major Defect (Section 3.22). 

ARB’s Executive Order requirements for ISD systems and liquid condensate traps are 

added to District Rule 4622 as Sections 5.12 and 5.13 to reflect ARB’s Executive Order 

and Certification Procedure requirements, and to add clarity for regulated sources. New 

Section 5.12 is added to the rule to add provisions regarding requirements for liquid 

condensate trap installation, operation, and maintenance. Similarly, new Section 5.13 is 
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added to the rule to add provisions for requirements of ISD system regarding operator 

response, contractor response, and alarm history records. 

4. Section 6.0 (Administrative Requirements) 

Amendment to Section 6.3.3.3 eliminates the reference to ARB Certification Procedure 

CP 201, and makes rule language more inclusive of ARB certification procedures by 

including the language “applicable ARB Certification Procedures,” this includes CP 201, 

CP 206 and any future ARB Certification Procedures. 

5. Section 6.4 (Testing Requirements) 

Section 6.4.1.2 is amended to reduce the frequency of the Dynamic Back-Pressure Test 

from once every twelve months to once every five years, unless the applicable ARB’s 

Executive Order requires more frequent testing. This amendment is based on the 

invasive nature of the test – the vapor space of the system is opened – and to reduce 

the resulting emissions inherent from opening the vapor space. 

This test is to determine if the vapor recovery piping contains any blockages that would 

impair the system’s effectiveness. ARB’s Executive Orders require this test to be 

performed initially whenever a vapor recovery system is installed or modified. Together 

with the pre-backfill inspection required by Rule 4622 Section 5.2.2, this test shows if a 

system was constructed correctly and therefore less likely to have blockage issues in 

the future. ARB’s Executive Orders leave it to the District’s discretion if ongoing testing 

would be required, and at what frequency. 

Vapor recovery systems that have been constructed correctly are less likely to have 

blockage issues in the future. Additionally, the systems equipped with In-Station 

Diagnostics (ISD) systems will be continuously monitored by ISD for blockages. 

The annual testing requirement was added to District Rule 4622 on September 19, 

2002. A review of the past eight years of District’s testing records for the Dynamic 

Back-Pressure Test indicates that there were only seven test failures in eight years of 

the approximately 1,500 sites tested annually. Out of these tests, only four were 

failures during the ongoing testing (the other three were the initial tests). On average, 

this constitutes a test failure rate of less than one test per year. 

The amendment to change the frequency for Dynamic Back-Pressure Test will not 

result in an increase in emissions, but will instead reduce VOC emissions that are 

inherent to the test procedure itself. The test frequency is being reduced from once 

every twelve months to once every five years, consistent with EPA guidance on 

minimum test frequencies. 
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District staff has discussed this amendment with EPA and EPA has submitted a “No 

Comment” letter to the District. Please refer to Appendix B for more information. 

6. Section 7.0 (Compliance Schedule)

Section 7.1.2 is modified to clarify the six month period to complete construction from 

the issuance date of authority to construct (ATC) and 60 day testing requirements. 

Additionally, new section 7.3 is added allowing time to comply, if necessary, for facilities 

becoming subject to the requirements of the installation and operation of an ISD 

system. 

IV. RULE DEVELOPMENT PROCESS 

A. Stakeholder Meetings 

As part of the rule development process, the District held two stakeholder meetings on 

August 28, 2013 to present, discuss, and hear comments on the draft rule amendments 

under consideration, which were presented in the meetings in the form of a power point 

presentation. Draft versions of the rules were not available and were not presented at 

the stakeholder meetings. The stakeholder meetings were held via video 

teleconferencing in all three District’s offices and were also live streamed using the 

webcast. No comments were received during or after the stakeholder meetings. 

B. Public Workshop 

The District held a public workshop on October 10, 2013 and the draft versions of the 

rules were presented at the public workshop. The focus of the public workshop was to 

present the goals for the project and to solicit public feedback. At the public workshop, 

District staff presented the objectives of the rule-amending project, explained the 

District’s rule development process for this project, solicited feedback from affected 

stakeholders, and informed all interested parties of the comment period and project 

milestones. 

The Draft Staff Report and Draft Rules were made available on the District’s website 

prior to the public workshop, and a two week comment period followed the public 

workshop. No comments were received during the public workshop or during the two 

week comment period that followed the public workshop. As such, it was also 

determined that there is no need to hold a future workshop. 

 
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C. Public Hearing 

In accordance with California Health and Safety Code (CH&SC) Section 40725, the 

proposed amendments to District Rules 4621 and 4622 and final draft staff report were 

publicly noticed and made available on the District’s website prior to the Governing 

Board public hearing to consider adoption of the proposed rule amendments. The 

proposed amendments and final draft staff report were made available for public 

comment on November 19, 2013. No comments were received during the subsequent 

two-week comment period. The public was also invited to provide comments during the 

public hearing for the adoption of the proposed rule amendments. 

V. ANALYSES 

This rule amending project incorporates already enforced state and federal standards, 

clarifies existing requirements and updates the frequency of dynamic backpressure 

testing. Amendments do not result in new or more stringent regulatory controls beyond 

those already enforced and do not negatively affect air quality or emission limitations. 

A. Emission Reduction & Cost Effectiveness Analysis 

Emissions will be reduced as a result of the amendment of reducing the frequency of 

the Dynamic Back-Pressure Test. However, the emission reductions will not be 

quantified for the purpose of this rule amendment project and will therefore not be 

quantified or claimed in the State Implementation Plan (SIP). Additionally, there are no 

costs associated with the amendments to District Rules 4621 and 4622. 

B. Socioeconomic Analysis 

Pursuant to CH&SC § 40728.5 (a), “Whenever a district intends to propose the 

adoption, amendment, or repeal of a rule or regulation that will significantly affect air 

quality or emissions limitations, that agency shall, to the extend data are available, 

perform an assessment of the socioeconomic impacts of the adoption, amendment, or 

repeal of that rule or regulation. This section does not apply to the adoption, 

amendment, or repeal of any rule or regulation that results in any less restrictive 

emissions limits if the action does not interfere with the district’s adopted plan to attain 

ambient air quality standards, or does not result in any significant increase in 

emissions.” Amendments do not significantly affect air quality or strengthen emission 

limitations beyond those already enforced, nor does it result in a significant increase in 

emissions; therefore, no socioeconomic analysis is required. 

 
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C. Rule Consistency Analysis 

Pursuant to CH&SC § 40727.2, District staff has prepared a rule consistency analysis 

that compares the elements of the amendments with the corresponding elements of 

other District rules, federal regulations and guidelines that apply to the same source 

category or type of equipment. District staff found that the amendments and 

requirements of these rules would not conflict with federal rules, regulations, or policies 

covering similar stationary sources. The rule consistency analysis is presented as an 

appendix to the final draft staff report. The amendments would not conflict with federal 

rules, regulations, or policies covering similar stationary sources. 

D. Environmental Impact Analysis 

Pursuant to §15061 of the Guidelines for Implementation of the California Environmental 

Quality Act (CEQA), District staff investigated the possible environmental impacts of the 

amendments to District Rules 4621 and 4622. Based on the lack of evidence to the 

contrary, District staff has concluded that the amendments to these rules will not have 

any significant adverse effects on the environment. Staff recommends filing a Notice of 

Exemption under the provisions of Public Resource Code 15061(b)(3). 

VI. REFERENCES 

Appendix A: Guidance from EPA and ARB 

Appendix B: Comments and Responses 

Appendix C: Rule Consistency Analysis 

 

 
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APPENDIX A 

Guidance from EPA and ARB 

Amendments to District Rules 4621 & 4622 

December 19, 2013 

 
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APPENDIX B 

Summary of Significant Comments and Responses 

For Amendments to District Rules 4621 & 4622 

December 19, 2013 

 
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SUMMARY OF SIGNIFICANT COMMENTS FOR 

DRAFT AMENDMENTS TO DISTRICT RULES 4621 AND 4622 

EPA REGION IX COMMENTS 

EPA submitted the following comment on November 14, 2013: 

Based on the preliminary review of the revised draft rule identified above, we have no 

comments at this time. We support the District’s efforts to update the rules to meet EPA 

guidelines and to remove outdated rule language. 

ARB COMMENTS 

No comments were received from ARB. 

STAKEHOLDER COMMENTS 

No stakeholder comments were received. 
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SUMMARY OF SIGNIFICANT COMMENTS FOR 

PROPOSED AMENDMENTS TO DISTRICT RULES 4621 AND 4622 FOR THE 

COMMENT PERIOD ENDING DECEMBER 3, 2013 

EPA REGION IX COMMENTS 

No comments were received from EPA. 

ARB COMMENTS 

ARB submitted an electronic version of no comment letter on December 18, 2013, 

stating as follows: 

The following proposed rules, scheduled for hearing to be held by your District Board on 

December 19, 2013, were received by us on November 20, 2013, for our review: 

Rule 4621 Gasoline Transfer into Stationary Storage Containers, 

Delivery Vessels, and Bulk Plants 

Rule 4622 Gasoline Transfer into Motor Vehicle Fuel Tanks 

The Air Resources Board staff has reviewed the rules and, based on the information 

available to us at this time, we have no comments. 

The rules were examined by the Enforcement Division, the Monitoring and Laboratory 

Division but not by the Stationary Source Division. 

STAKEHOLDER COMMENTS 

No stakeholder comments were received. 
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APPENDIX C 

Rule Consistency Analysis 

for Amendments to District Rules 4621 & 4622

December 19, 2013 

 
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RULE CONSISTENCY ANALYSIS FOR AMENDMENTS TO 

DISTRICT RULES 4621 & 4622 

I. REQUIREMENTS FOR RULE CONSISTENCY ANALYSIS 

Pursuant to Section 40727.2 of the California Health and Safety Code, prior to adopting, 

amending, or repealing a rule or regulation, the District performs a written analysis that 

identifies and compares the air pollution control elements of the rule or regulation with 

corresponding elements of existing or proposed District and United States 

Environmental Protection Agency (EPA) rules, regulations, and guidelines that apply to 

the same source category. The rule elements analyzed are emission limits; monitoring 

and testing requirements; recordkeeping and reporting requirements; and operating 

parameters and work practice requirements. 

II. ANALYSIS 

A. District Rules 

There is no other District prohibitory rule or regulation tailored specifically for gasoline 

transfer into stationary storage containers, delivery vessels, bulk plants, and gasoline 

transfer into motor vehicle fuel tanks. 

B. Federal Rules, Regulations, and Policies 

1. EPA Control Techniques Guideline (CTG) Documents2

i. EPA 450/R-75-102 “Design Criteria for Stage I Vapor Control Systems – 

Gasoline Service Stations,” dated November 1975 (applicable to Rule 4621) 

This document discusses the different control techniques and establishes the 

design criteria for controlling VOC emissions from gasoline tank filling (federal 

Stage I sources). The control techniques discussed in this CTG include twopoint systems, concentric or coaxial systems, and manifolding the vent lines. 

The ACT also states that EPA requires vapor control systems control 90% of 

the vapors from the Stage I side of a gasoline dispensing operation. 

Currently District Rule 4621 requires ARB’s certified Phase I vapor recovery 

systems with more stringent control requirements (a minimum of 95% of 

vapor control) than the federal Stage I systems. Since all control techniques 

established by this CTG document are already being implemented and the 

amendments to District Rule 4621 do not establish any new design criteria, 

the District rule is already as stringent as the CTG. 

 

 

2

 Environmental Protection Agency [EPA]: SIP Planning Information Toolkit: Control Techniques Guidelines and 

Alternative Control Techniques Documents. (2012). Retrieved November 19, 2013 from 

http://www.epa.gov/glo/SIPToolkit/ctgs.html
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iii. EPA 450/2-77-026 “Guideline for Control of Hydrocarbons from Tank Truck 

Gasoline Loading Terminals” dated October 1977 (applicable to Rule 4621) 

This CTG is related to the control of VOC emissions from tank truck terminals 

with daily throughputs of greater than 76,000 liters of gasoline. Since this 

CTG only applies to the loading of tank trucks, only the sections of District 

Rule 4621 that apply to tank truck loading will be evaluated. 

This CTG identifies the control of VOCs from tank truck gasoline loading 

terminals as having an emission limit of 80 mg-hydrocarbon/L-gasoline 

loaded. District Rule 4621 requires that the VOC emissions from the transfer 

of gasoline from a stationary storage tank to a gasoline tank truck shall be 

controlled by 95%. The CTG lists the emission factor for hydrocarbon 

emissions generated during submerged fill (top or bottom) gasoline loading 

operations is 600 mg/liter transferred. Therefore, District Rule 4621 emission 

limit can be calculated as 30 mg/liter (600 mg/liter x (1 – 0.95)). Since this 

emission limit is lower than the one listed in the CTG, District Rule 4621 is 

more stringent than this CTG. 

iv. EPA 450/2-77-035 “Guideline for Control of Volatile Organic Emissions from 

Bulk Gasoline Plants” dated December 1977 (applicable to Rule 4621) 

This CTG outlines the design of control devices to control vapors from the 

loading and unloading activities at a gasoline bulk plant. The CTG discusses 

the effective control of VOC emissions with the installation of submerged fill 

pipes and vapor control systems. District Rule 4621 requires that all bulk 

plants shall be equipped with an ARB certified vapor recovery system for the 

loading racks. In addition, District Rule 4621 also describes inspection 

procedures to verify that the operation is operating leak free. The 

requirements in District Rule 4621 are equivalent to the control technology 

discussed in this CTG. Therefore, District Rule 4621 is at least as stringent 

as this CTG. 

v. EPA 450/2-78-051 “Control of Volatile Organic Compounds Leaks from 

Gasoline Tank, Trucks and Vapor Collection Systems,” dated December 1978 

(applicable to Rule 4621) 

This document establishes regulations for VOC emissions from vapor 

recovery systems (federal Stage I sources) associated with gasoline delivery 

trucks, bulk terminals, bulk plants, and gasoline service stations. The 

approach described in this document is based on good maintenance 

practices through periodic monitoring and testing of the suspected leak 

points. Since all control techniques established by this CTG document are 

already being implemented and the amendments to District Rule 4621 do not 
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 19, 2013

C - 5 Final Staff Report with Appendices for 

Amendments to Rules 4621 & 4622 

establish any new design criteria, the District rule is already as stringent as 

the CTG. 

2. EPA Alternative Control Techniques (ACT) Document 

Based on the EPA ACT list3, there is no ACT for this source category. 

3. EPA New Source Performance Standard (NSPS) 

Based on the NSPS list in 40 CFR 604, there is no NSPS requirements for this 

source category. 

4. National Emission Standard for Hazardous Air Pollutants (NESHAP) and 

Maximum Achievable Control Technology (MACT) 

Based on the NESHAP and MACT lists in 40 CFR Part 635

, Subparts BBBBBB 

and CCCCCC are applicable to this source category. 

40 CFR Part 63, Subpart BBBBBB (National Emission Standards for Hazardous 

Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk 

Plants, and Pipeline Facilities) establishes national emission limitations and 

management practices for hazardous air pollutants (HAP) emitted from area 

source gasoline distribution bulk terminals, bulk plants, and pipeline facilities. 

40 CFR Part 63, Subpart CCCCCC (National Emission Standards for Hazardous 

Air Pollutants for Source Category: National Emission Standards for Hazardous 

Air Pollutants for Source Category: Gasoline Dispensing Facilities) establishes 

national emission limitations and management practices for HAPs emitted from 

the loading of gasoline storage tanks at gasoline dispensing facilities. 

EPA finalized approval of the 2007 amendments to District Rules 4621 and 4622 

on October 30, 2009 and deemed these rules as being at least as stringent as 

established RACT requirements: 74 FR 56120, 

http://www.gpo.gov/fdsys/pkg/FR-2009-10-30/pdf/E9-26178.pdf. 

 

3

 Environmental Protection Agency [EPA]: SIP Planning Information Toolkit: Control Techniques Guidelines and 

Alternative Control Techniques Documents. (2012). Retrieved November 19, 2013 from 

http://www.epa.gov/glo/SIPToolkit/ctgs.html 4

 Environmental Protection Agency [EPA]: 40 CFR 60-Standards of Performance for New Stationary Sources 

(NSPS). (2013). Retrieved November 19, 2013 from 

http://www.tceq.state.tx.us/permitting/air/rules/federal/60/60hmpg.html 5

 Environmental Protection Agency [EPA]: 40 CFR 61-National Emission Standards for Hazardous Air Pollutants 

(NESHAPS). (2012). Retrieved November 19, 2013 from 

http://www.tceq.texas.gov/permitting/air/rules/federal/63/63hmpg.html
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 

Appendix C: Rule Consistency Analysis December 19, 2013

C - 6 Final Staff Report with Appendices for 

Amendments to Rules 4621 & 4622 

Since the requirements of Subparts BBBBBB and CCCCCC have not been 

strengthened since the RACT approval, current District Rules 4621 and 4622 are 

at least as stringent as NESHAP and MACT standards. 

In addition, neither subpart has any requirements for back pressure testing. 

Therefore, the amendment to District Rule 4621 to reduce the frequency of the 

dynamic back pressure test from once every twelve months to once every five 

years, does not relax any federal requirements. The amendment would actually 

reduce VOC emissions inherent to the test procedure. 

5. EPA Best Available Control Technology (BACT) Requirements 

There are no EPA BACT requirements listed for this source category listed in 

EPA’s RACT/BACT/LAER Clearinghouse (RBLC): http://cfpub.epa.gov/RBLC/. 

6. EPA Policy on Recordkeeping 

EPA has a policy that mandates stationary sources keep and maintain records 

for at least five years. District Rules 4621 and 4622 already requires the subject 

sources to keep and maintain records for five years and the current rule 

amendments are not relaxing this requirement. Therefore, District Rules 4621 

and 4622 are as stringent as EPA policy on recordkeeping. 

III. CONCLUSION 

Based on the above analysis, District staff found that the amendments to District Rules 

4621 and 4622 would not conflict with any District or federal rules, regulations, or 

policies covering similar stationary sources.