Yolo-Solano Air Quality Management District

1947 Galileo Court, Suite 103

Davis, CA 95618

(530) 757-3650

www.ysaqmd.org

PROPOSED REVISIONS TO

RULE 2.22 GASOLINE DISPENSING FACILITIES

FINAL STAFF REPORT

December 30, 2014

Prepared by: Matt Baldwin, Associate Air Quality Engineer

Reviewed by: Frank DeMaris, Engineering Manager
Final Staff Report – Rule 2.22 December 30, 2014

i

Table of Contents Page

I. EXECUTIVE SUMMARY .............................................................................................................1

A. BACKGROUND ................................................................................................................1

II. DISCUSSION OF PROPOSED RULE 2.22 AMENDMENTS......................................................2

III. COMPARISON TO OTHER APPLICABLE REGULATIONS AND REQUIREMENTS ...........4

IV. IMPACTS OF THE PROPOSED RULE ........................................................................................5

V. ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE .........................................6

VI. REGULATORY FINDINGS...........................................................................................................6

VII. PUBLIC COMMENTS AND STAFF RESPONSES......................................................................7

VIII. REFERENCES ..............................................................................................................................10

ATTACHMENT A PROPOSED RULE 2.22, GASOLINE DISPENSING FACILITES

ATTACHMENT B NOTICE OF EXEMPTION FROM CEQA GUIDELINES

ATTACHMENT C RESOLUTION NO. 15-01

ATTACHMENT D COMMENTS RECEIVED
Final Staff Report – Rule 2.22 December 30, 2014

Page 1 of 10

I. EXECUTIVE SUMMARY

The Yolo-Solano Air Quality Management District (District) Board of Directors will consider the 

proposed amendment to Rule 2.22, Gasoline Dispensing Facilities. Rule 2.22 sets forth the 

control equipment requirements for gasoline dispensing facilities (GDF) with tanks having a 

capacity of greater than 250 gallons. These requirements include storage tank loading vapor 

recovery (Phase I), vehicle refueling vapor recovery (Phase II), best management practices for the 

control of tank breathing (standing loss) emissions, and general maintenance and testing 

requirements.

The revisions to Rule 2.22 would mainly provide the following exemptions:

 An exemption from Phase I Enhanced Vapor Recovery (EVR) requirements for low 

throughput GDFs equipped with aboveground tanks, 

 An exemption from Phase II vapor recovery for non-retail GDFs that fuel vehicles 

equipped with On-board Refueling Vapor Recovery (ORVR), and

 An exemption from Phase II vapor recovery for Ethanol/gasoline blend (E85) dispensing 

facilities.

Additionally, the rule would be revised for general rule clean-up and to remove unnecessary 

requirements.

The proposed revisions are not expected to have either a significant or detrimental effect on the 

environment. Therefore, staff prepared a Notice of Exemption (NOE) to satisfy the requirements 

of the California Environmental Quality Act (CEQA). The notice states that the revisions to Rule 

2.22 are exempt from the requirements of CEQA pursuant to Section 15308 of the Public 

Resources Code – Actions by Regulatory Agencies for Protection of the Environment.

A. BACKGROUND

History

Rule 2.22 was originally adopted by the Board of Directors July 14, 1982, and was incorporated 

into the State Implementation Plan (SIP) on February 28, 1984. The rule has been amended 

several times since. Most recently, the Rule was amended on June 12, 2002 to add Phase I and 

Phase II requirements consistent with California Air Resources Board (CARB) standards, add 

inspection and maintenance requirements, add ongoing testing requirements, and add 

recordkeeping and reporting requirements. The rule was subsequently incorporated into the SIP 

on January 23, 2003.

Additionally, since 2000 CARB has been developing and implementing Enhanced Vapor 

Recovery (EVR) requirements for GDFs. Rule 2.22 was amended on June 12, 2002 to 

incorporate many of those requirements, based on South Coast AQMD Rule 461, Gasoline 

Storage and Dispensing (June 15, 2001). CARB first focused on facilities with underground 

storage tanks (UST). In order to comply with the EVR requirements, GDFs with USTs have had 

to upgrade their vapor recovery equipment in several stages. First, by April 1, 2005 they were 

required to upgrade their Phase I (vapor recovery between storage tanks and transport vessels) 

equipment. Then, by September 1, 2006, they were required to comply with Onboard Refueling 

Vapor Recovery (ORVR) requirements. By April 1, 2009, they were required to upgrade their 
Final Staff Report – Rule 2.22 December 30, 2014

Page 2 of 10

Phase II (vapor recovery between vehicle refueling and storage tanks) equipment. Finally, by 

September 1, 2010 large throughput stations were required to install In-Station Diagnostics (ISD) 

to better monitor for equipment defects. 

CARB is currently focused on implementing EVR for aboveground storage tanks (AST). The 

first phase of aboveground EVR was Standing Loss Control (SLC). In order to be certified, 

CARB required new aboveground tanks to have SLC by April 1, 2009. Where SLC was enforced 

by a district, existing tanks were required to be equipped with SLC by April 1, 2013. Because 

Rule 2.22 did not have provisions for SLC and SLC was incorporated into Phase I EVR, the 

District did not require existing facilities to install SLC by April 1, 2013. Phase I EVR became 

operative on July 1, 2010 and became required for all new aboveground tanks. Phase I EVR for 

aboveground tanks will be required on existing tanks by July 1, 2014.

On February 28, 2014, CARB issued a regulatory advisory1. This advisory provides relief from 

Phase I EVR under certain circumstances. The advisory implements a nine step approach for 

determining if Phase I EVR is required for existing aboveground storage tanks. For YSAQMD, 

ASTs are exempt from Phase I EVR if their annual throughput does not exceed 60,000 gallons.

Overview of Source Category

Gasoline Dispensing Facilities range from large throughput truck stops to small private tanks. 

Currently the District has over 200 facilities that are subject to some form of gasoline vapor 

recovery.

II. DISCUSSION OF PROPOSED RULE 2.22 AMENDMENTS

The proposed amendments to Rule 2.22 are as follows:

Section 111 Exemption

The District is clarifying that in order to qualify for this exemption, the facility had to have been 

in operation prior to January 11, 1995. This date reflects when the exemption was first 

incorporated into the rule.

Section 112 Exemption

The District is adding an exemption from Phase II requirements for facilities that dispense E85 

(85% ethanol/15% gasoline blend). Currently, these facilities are subject to Phase II EVR. 

However, CARB issued an executive order (G-70-212, July 16, 2008) that delays Phase II EVR 

for E85 facilities. The primary reason for delaying implementation is because ARB and EPA 

estimate that 95% of E85 vehicles are equipped with ORVR, which controls vapors from the 

refueling of motor vehicles roughly equivalent to Federal Stage II (Phase II) requirements.

Section 113 Exemption

The District is adding an exemption for ORVR fleets. Since 2006, EPA has mandated that most 

new passenger vehicles be equipped with ORVR. ORVR is a vapor recovery system that directs 

 

1 California Air Resources Board, “Regulatory Advisory – Flexibility Provided to Owners and Operators of 

Aboveground Gasoline Storage Tanks (AST) Subject to 2008 AST Vapor Recovery Regulation,” February 

28, 2014
Final Staff Report – Rule 2.22 December 30, 2014

Page 3 of 10

vapors generated during refueling from vehicle tanks to a carbon canister on the vehicle. During 

normal driving the vapors from the canister are purged back into the fuel tank vapor space, 

reducing vapor growth. On May 16, 2012 EPA declared that ORVR was in widespread use and 

that they would waive the requirement for states to implement Phase II vapor recovery 

(77 FR 28772). Since retail GDFs are required to implement Phase II under the Benzene 

Airborne Toxic Control Measure (Title 17, California Code of Regulations (CCR), Section 

93101), this exemption would only apply to non-retail fleets that can demonstrate that 95% of 

their fleet is ORVR compatible.

Section 114 Exemption

The District is adding an exemption for Gasoline Bulk Plants. District Rule 2.21 already 

requires gasoline storage tanks at bulk plants to be equipped with a CARB certified vapor 

recovery system.

Section 115 Exemption

The District is adding an exemption from Phase I EVR for existing aboveground storage tanks. 

In order to claim the exemption, an existing owner/operator must demonstrate the tank is 

equipped with a Phase I pre-EVR system (certified prior to June 1, 2001); that the tank was

installed and in operation prior to the operative date for Phase I EVR for aboveground storage 

tanks (July 1, 2010), and that the tank has a permitted throughput of 60,000 gallons per year or 

less. This exemption will be consistent with the regulatory advisory issued by CARB on 

February 28, 2014.

Section 116 Exemption

The District is adding an exemption from Phase II EVR for existing aboveground storage tanks. 

This will allow existing tanks to continue to dispense gasoline as a result of the changes made to 

Section 305.1.

Section 200 Definitions

The rule amendments would add definitions for E85, Enhanced Vapor Recovery, Gasoline Bulk 

Plant, In Station Diagnostics, ORVR, Standing Loss Control, and Storage Tank. Additionally, 

the District is making some non-substantive changes to various definitions for clarity and cleanup.

Section 304 Standards for Gasoline Transfer into Storage Tanks (Phase I)

The District is amending Section 304.1 to clarify that GDFs subject to this requirement are 

required to install Phase I EVR.

The District is amending Section 304.7 for clarity.

The District is deleting Section 304.8. Currently, all EVR equipment is of dual point design. 

Any proposed EVR equipment would need to meet the certification requirements. Any existing 

coaxial-style vapor recovery equipment is covered by an Executive Order. Therefore, this 

requirement is not needed.

The District is removing the past due deadline in Section 304.10.
Final Staff Report – Rule 2.22 December 30, 2014

Page 4 of 10

The District is adding a requirement for aboveground tanks. All aboveground tanks subject to 

the rule will be required to be equipped with CARB Certified SLC.

Section 305 Standards for Gasoline Dispensing into Motor Vehicle Fuel Tanks (Phase II)

The District is amending Section 305.1 to clarify that GDFs subject to this requirement are 

required to install Phase II EVR.

The District is deleting Sections 305.5 through 305.9. Most of these requirements would be 

covered by Executive Orders and are part of the certification requirements. The requirement to 

replace balance system nozzle boots once per year is not part of the certification procedure. 

However, since the District witnesses reverification testing on all facilities at least once per year, 

the condition of the nozzle boot can be checked and any defects would be found during the 

testing, making this an unnecessary requirement.

The District is amending Section 309 and 309.1 to include references to the CARB Installation, 

Operation, and Maintenance Manual. Additionally, the District is amending Section 309.1 by 

removing the tests listed in 309.1 a. through d. as these tests, if applicable to the vapor recovery 

system, are required by the Executive Orders.

The District is amending Sections 309.2 and 309.3 to clarify that once non-compliance has been 

documented, the facility may adjust equipment in order to bring the facility back into 

compliance.

The District is amending Sections 306, 307, and 308 to include periodic maintenance and 

inspection protocols required by the CARB Executive Orders.

The District is amending Section 309.5.d to allow facilities extra time to submit source test 

reports. The reporting deadline will be changing from 2 days to 30 days after the source test is 

conducted.

Section 401 Compliance Schedule

The District is removing the compliance schedule, as this requirement is no-longer needed.

Section 500 Monitoring and Records

The District is only making technical, non-substantive changes for clarity.

Section 600 Test Methods and Procedures

The District is removing the listed test procedures and replacing them with references to the 

CARB methods listed in the applicable CARB Executive Orders, or other methods approved in 

writing by the USEPA, CARB, or the District.

III. COMPARISON TO OTHER APPLICABLE REGULATIONS AND REQUIREMENTS

Health and Safety Code Section 40727.2 requires districts to prepare a written analysis (usually in 

the form of a matrix) that identifies all existing federal air pollution control requirements, 

including, but not limited to, emission control standards constituting best available control 

technology (BACT) that apply to the same equipment or source type as the rule or regulation 
Final Staff Report – Rule 2.22 December 30, 2014

Page 5 of 10

proposed for adoption or modification by the District. In addition, the analysis shall identify any 

other District rule or regulation that applies to the same equipment or source type. The

amendments proposed are administrative in nature, so the specified elements (e.g. averaging 

provisions, operating parameters, monitoring, etc...) are not applicable.

IV. IMPACTS OF THE PROPOSED RULE

Emissions Impacts

The District quantified emissions reductions in our 2002 rule amendments. These calculations 

attributed emissions reductions to more stringent inspection, maintenance and testing 

requirements, and did not account for increased control efficiency. The inclusion of exemptions 

for ORVR fleets and E85 fueling facilities assumes control efficiencies at least as stringent as 

those in place during the 2002 rule amendment. Additionally, non-retail aboveground storage 

tanks that would be exempt from EVR requirements under the proposed amendments would still 

be required to use equipment that meets the control efficiencies assumed in 2002, while keeping 

the same inspection, maintenance and testing requirements. Therefore, the District does not

expect any emission impacts due to the proposed amendments.

Cost Effectiveness

CH&SC Section 40703 requires the District, in the process of the adoption of any rule or 

regulation, to consider and make public its findings related to the cost effectiveness of the rule. 

Cost effectiveness for rulemaking purposes is calculated by dividing the cost of air pollution 

controls required by the rule by the amount of air pollution reduced.

As part of the regulatory advisory issued by CARB on February 28, 2014, CARB reviewed the 

cost effectiveness of Phase I EVR and SLC. Their analysis determined that Phase I EVR was not 

cost effective in YSAQMD for existing aboveground storage tanks at GDFs, whose annual 

throughput does not exceed 60,000 gallons. However, the analysis determined that SLC was cost

effective statewide.

Socioeconomic Impact

California Health and Safety Code Section 40728.5 (a) requires the District, in the process of the 

adoption of any rule or regulation, to consider the socioeconomic impact if air quality or emission 

limits may be significantly affected. However, districts with a population of less than 500,000 

persons are exempt from the provisions of Section 40728.5 (a). The District’s population is 

estimated to be approximately 331,600 and well below the 500,000 person threshold. Therefore, 

a socioeconomic analysis for this rulemaking is not required.

Incremental Cost Effectiveness

CH&SC Section 40920.6 requires an assessment of the incremental cost-effectiveness for 

proposed regulations relative to ozone, Carbon Monoxide (CO), Sulfur Oxides (SOx), Nitrogen 

Oxides (NOx), and their precursors. Incremental cost-effectiveness is defined as the difference in 

control costs divided by the difference in emission reductions between two potential control 

options that can achieve the same emission reduction goal of a regulation. The District does not 

expect any emissions changes from these amendments and therefore, no incremental costeffectiveness analysis can be done.
Final Staff Report – Rule 2.22 December 30, 2014

Page 6 of 10

V. ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE

California Public Resource Code Section 21159 requires the District to perform an environmental 

analysis of the reasonably foreseeable methods of compliance. The analysis must include the 

following information:

1. An analysis of the reasonably foreseeable environmental impacts of the methods of 

compliance.

2. An analysis of the reasonably foreseeable mitigation measures.

3. An analysis of the reasonably foreseeable alternative means of compliance with the rule 

or regulation.

The proposed rule amendments will have neither a significant nor a detrimental effect on the 

environment or humans due to unusual circumstances. In addition, the proposed amendment is 

considered to be an action taken to maintain and protect the environment. Therefore, staff has 

determined that the project is categorically exempt from the requirements of the California 

Environmental Quality Act (CEQA) pursuant to Section 15308, Actions by Regulatory Agencies 

for Protection of the Environment. Staff prepared a Notice of Exemption (NOE) to meet the 

CEQA Guidelines (Attachment B).

VI. REGULATORY FINDINGS

Section 40727(a) of the California Health & Safety Code (H&SC) requires that prior to adopting 

or amending a rule or regulation, an air district=s board makes findings of necessity, authority, 

clarity, consistency, nonduplication, and reference. The findings must be based on the following:

1. Information presented in the District=s written analysis, prepared pursuant to H&SC 

Section 40727.2;

2. Information contained in the rulemaking records pursuant to H&SC Section 40728; and

3. Relevant information presented at the Board=s hearing for adoption of the rule.

The required findings are:

Necessity: Staff finds that the proposed amendments to Rule 2.22 are necessary to:

 Provide an exemption from Phase II requirements for non-retail GDFs, where widespread 

use of ORVR can be demonstrated.

 Provide an exemption from Phase II requirements for E85 fueling facilities.

 Provide an exemption from implementation of Phase I and Phase II EVR for low 

throughput aboveground GDFs, and prevent unnecessary permitting and control costs for 

sources, potential sources, and the District.

 Provide clarity and remove redundant requirements that would otherwise be covered by 

an ARB Executive Order.

Authority: The District is authorized to adopt rules and regulations by California Health and 

Safety Code, Sections 40001, 40702, 40716, 41010 and 41013. (H&SC Section 40727 (b)(2)).
Final Staff Report – Rule 2.22 December 30, 2014

Page 7 of 10

Clarity: District staff have reviewed the proposed rule and determined that it can be easily 

understood by the affected industry. In addition, the record contains no evidence that the persons 

directly affected by the rule cannot understand the rule. (H&SC Section 40727(b)(3)).

Consistency: The proposed rule does not conflict with, and is not contradictory to, existing 

statutes, court decisions, or state or federal regulations. (H&SC Section 40727(b)(4)).

Non-Duplication: The proposed rule includes duplicate requirements of Title 17, Cal. Code Regs., 

Sections 93100 and 93101 (Benzene ATCM). However, the duplicative requirements are 

necessary to execute the powers and duties granted to, and imposed upon the District. (H&SC 

Section 40727(b)(5)).

Reference: The District must refer to any statute, court decision, or other provision of law that the 

District implements, interprets, or makes specific by adopting, amending or repealing the rule.

VII. PUBLIC COMMENTS AND STAFF RESPONSES

Staff held a public workshop on September 26, 2013, to discuss the proposed amendments to 

District Rule 2.22. Notification were sent to surrounding Air Districts, City Managers within the 

District, building/planning/community development departments within the YSAQMD, all city 

and county libraries within the District, all Board members, and all affected sources. 

A copy of the public workshop notice, the draft staff report, and draft rule language, were posted 

on the District=s web page prior to the public workshop. In response to the notice and/or 

workshop, the District received the following comments:

Comment 1. Alex Krichevsky, California Air Resources Board submitted a no comment letter 

(see attached)

Comment 2. Nicole Law, EPA Region 9 submitted comments (see attached). The first 

comment recommended that the District require 95% of vehicles in a fleet be 

equipped with ORVR, instead of the proposed 90%. This is based on a 2007 

EPA memo. The second comment recommended that the District correct a 

reference.

Response 2. All of EPA’s comments have been incorporated, as requested.

Subsequent to the public workshop and addressing the comments, staff prepared a public hearing 

notice for the hearing which opened on December 11, 2013. The hearing notice was published in 

the Davis Enterprise, Dixon Tribune, Isleton Journal, River News – Herald, Vacaville Reporter, 

West Sacramento Press, Winters Express, & the Woodland Daily Democrat. A copy of the public 

hearing notice and updated documents (proposed staff report and proposed rule language), were 

posted on the District’s web page.

During the December meeting, the Board continued the public hearing to January 8, 2014, then to 

February 12, 2014, and again to March 12, 2014.

On February 28, 2014, CARB issued the above-referenced advisory outlining relief from Phase I 

EVR for aboveground storage tanks. As a result of this advisory, the Board closed the public 

hearing at the March 12 meeting and decided not to take action on the rule amendments, so that 

the District could further amend and re-workshop the rule.
Final Staff Report – Rule 2.22 December 30, 2014

Page 8 of 10

On July 21, 2014, CARB released the draft certification procedure, CP-206. The draft language 

incorporates the exemptions provided by the advisory into the certification requirements for 

aboveground storage tanks. Additionally, CARB held a workshop to discuss the changes, which 

the District attended. CARB is expected to present the changes before their board in November.

Staff held a second public workshop on September 11, 2014, to discuss the proposed amendments 

to District Rule 2.22. Notification were sent to surrounding Air Districts, City Managers within 

the District, building/planning/community development departments within the YSAQMD, all 

city and county libraries within the District, all Board members, and all affected sources. 

A copy of the public workshop notice, the draft staff report, and draft rule language, were posted 

on the District=s web page prior to the public workshop. In response to the notice and/or 

workshop, the District received a no comment response was received from EPA Region 9, as well 

as no comments from members of the public. The following rule comments were received from 

the Monitoring and Lab Division of the California Air Resources Board (see attached).

Comment 1. CARB stated that they fully support the proposed rule.

Response 1. The District appreciates the support of CARB in regards to the amendments to 

Rule 2.22.

Comment 2. Section 116 Exemption – Phase II EVR – “This section, when read in 

conjunction with section 305.1, appears to allow for the continued use of preEVR Phase II on all ASTs indefinitely. ARB staff anticipates that a Phase II EVR 

system for ASTs will be certified in late 2014. New ASTs installed after the 

certification of a Phase II EVR system would be required to install a Phase II 

EVR system, so ARB staff suggests that the proposed YSAQMD rule could be 

amended to reflect that.

Response 2. The District is proposing continuing the use of pre-EVR Phase II for 

aboveground tanks. As was seen with Phase II EVR for underground thanks, the 

District believes that Phase II EVR will be less cost effective than Phase I EVR, 

which was determined to be not cost effective for low-throughput GDFs. 

Additionally, the District believes that, through attrition, pre-EVR hanging 

hardware will be replaced with EVR hanging hardware as pre-EVR parts need 

replacement and become unavailable in California.

Comment 3. Section 112 and 113: Exemption for E85 and ORVR – “ARB staff fully supports 

the proposed exemption for onboard refueling vapor recovery (ORVR) fleet 

fueling facilities, including E85 facilities. These exemptions will reduce 

operating costs for facility owners with no increase in emissions. ARB staff has 

proposed standards and specifications for Enhanced Conventional (ECO) 

Nozzles and low permeation hoses that would further reduce emissions from 

these facilities. ECO Nozzle standards will be presented to the Board for 

consideration in November 2014. With the likelihood of ECO Nozzle regulations 

passing in November, YSAQMD could consider revising their proposed 

language to require the use of ECO Nozzles and low permeation hoses at these 

exempted E85 and ORVR fleet facilities within four years of the date these 

components are certified by ARB.”
Final Staff Report – Rule 2.22 December 30, 2014

Page 9 of 10

Response 3. The District believes that, through attrition, conventional hanging hardware will 

be replaced with ECO hanging hardware as these parts come into common use in 

California.

Comment 4. Section 115.2 - This section exempts ASTs with a throughput of 60,000 gallons 

or less. For clarity, the sentence should read “....has a Permit to Operate with an 

annual throughput limit of 60,000 gallons or less, or is ...”

Response 4. This section has been revised in the proposed rule to clarify that an aboveground 

GDF can qualify for the exemption if it has a “permitted” throughput of 60,000 

gallons, as originally intended.

Comment 5. Section 214, Enhanced Vapor Recovery Definition - The reference to CP-206 

should be “...sections 3 through 10” rather than sections 3 through 11.” Section 

11 contains no performance standards.

Response 6. This comment has been incorporated into the proposed rule.

Comment 7. Section 304.7 – This section requires that all spill containers must have a drain 

valve. ARB vapor recovery regulations require no drain valves for all vapor spill 

containers. Product spill container manufacturers have requested and are granted 

certification for spill containers without drain valves to avoid gasoline and 

ethanol phase separation caused by water. ARB staff is not recommending that 

this section be amended but wanted the district to be aware that ARB is certifying 

spill containers without drain valves.

Response 7. The District is aware that ARB is certifying spill containers without drain valves, 

but is not amending this section at this time.

Comment 8. Section 305.5 – This section requires owners/operators to check the system in the 

event of “drive off” (hose separate from dispenser or hose separate from nozzle). 

Please note that CARB EOs include ARB Approved Installation, Operation, and 

Maintenance (IOM) Manual for the Assist (Healy) and Balance systems contain 

procedures for checking the hanging hardware after a drive off. If the component 

fails the check, the component must be replaced. ARB staff recommends that this 

section include a reference to CARB Executive Order, as applicable.

Response 8. This comment has been incorporated into the proposed rule.

Comment 9. Section 306 (Self Compliance Program), Section 307 (Daily Maintenance 

Inspection Program), and Section 308 (Periodic Inspection Protocol). ARB staff 

recommends that these sections include a reference to “CARB Executive Order, 

as applicable.” CARB EVR Executive Orders include compliance procedures and 

contain a list of daily and periodic inspection procedures for each certified 

system.

Response 9. This comment has been incorporated into the proposed rule.

Comment 10. Section 601, Static Pressure Decay – ARB staff recommends amending this 

section to include a reference to “TP-206.3, Determination of Static Pressure 

Performance of Vapor Recovery Systems at Gasoline Dispensing Facilities with 
Final Staff Report – Rule 2.22 December 30, 2014

Page 10 of 10

Aboveground Storage Tanks and CARB Executive Order, as applicable.” TP206.3 applies to ASTs and lists ullages that are representative of ASTs. The 

reason for referencing CARB Executive Order is that the certified Assist and 

Balance Phase II systems include items that are necessary to conduct a static 

pressure decay test.

Section 602, Dynamic Backpressure - ARB staff recommends amending this 

section to include a reference to “CARB Executive Order, as applicable.” The 

EVR Executive Orders specify which one of the six TP-201.4 methodologies to 

employ and also include special instructions for conducting TP-201.4.

Section 603, Air to Liquid Ratio – ARB staff recommending amending this 

section to include a reference to CARB Executive Order, which list specific 

equipment to conduct this test for EVR systems.

Section 604, Liquid Removal Rate, ARB staff recommends deleting reference to 

TP-201.6 and adding TP-201.6C, Compliance Determination of Liquid Removal 

Rate and CARB Executive Order, as applicable. The reason is that TP-201.6 is 

used for certification testing and does not include a simplified approach for 

determining compliance with the liquid removal rate.

Response 10. This comment has been incorporated into the proposed rule, by referencing 

CARB Test Procedures listed in the CARB Executive Orders, as well as USEPA 

and District approved methods.

Subsequent to the public workshop and addressing the comments, staff prepared a public hearing 

notice for the hearing which will be held on January 14, 2015. The hearing notice was published 

in the Davis Enterprise, Vacaville Reporter, & the Woodland Daily Democrat. A copy of the 

public hearing notice and updated documents (proposed staff report and proposed rule language), 

were posted on the District’s web page. The District did not receive any comments in response to 

the notice.

VIII. REFERENCES

- Federal Register Notice – Air Quality: Widespread use for Onboard Refueling Vapor 

Recovery and Stage II Waiver, 77 FR 28772, Published May 16, 2012.

- Benzene Airborne Toxic Control Measure (ATCM) for Retail Service Stations, Title 17, Cal. 

Code Regs., Section 93100, Adopted May 13, 1988.
ATTACHMENT A

PROPOSED RULE 2.22, GASOLINE DISPENSING FACILITES

STRIKE-OUT UNDERLINE VERSION
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 1

(Final Draft December 30, 2014)

RULE 2.22

GASOLINE DISPENSING FACILITIES

ADOPTED February 27, 1974

REVISED January 22, 1975

REVISED January 11, 1995

REVISED June 12, 2002

REVISED January 14, 2014

INDEX

100 GENERAL

101 PURPOSE

102 APPLICABILITY

110 EXEMPTION

111 EXEMPTION – FACILITY THROUGHPUT LESS THAN 24,000 

GALLONS PER YEAR

112 EXEMPTION – E85

113 EXEMPTION – ONBOARD REFUELING VAPOR RECOVERY

114 EXEMPTION – GASOLINE BULK PLANT

115 EXEMPTION – PHASE I EVR

116 EXEMPTION – PHASE II EVR

200 DEFINITIONS

201 ALTERED FACILITY

202 AS-IS-CONDITION

203 BACKFILLING

204 BELLOWS-LESS NOZZLE

205 BREAKAWAY COUPLING

206 CARB CERTIFIED OR CERTIFIED BY CARB

207 CLEARLY AND PERMANENTLY MARKED

208 COAXIAL FILL TUBE

209 COAXIAL HOSE

210 DISPENSER

211 DRY BREAK OR POPPETED DRY BREAK

212 DUAL-POINT DESIGN:E85

213 ENHANCED VAPOR RECOVERY (EVR)

214 FUELING POSITION

214 GASOLINE

215 GASOLINE

216 GASOLINE BULK PLANT

217 GASOLINE DISPENSING FACILITY

216218 GASOLINE VAPORS:

217219 IN-STATION DIAGNOSTICS (ISD)

220 INSERTION INTERLOCK MECHANISM

218221 LIQUID TIGHT

219222 LIQUID REMOVAL DEVICE
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 2

(Final Draft December 30, 2014)

220223 MAJOR DEFECT

221224 MINOR DEFECT

222225 MOTOR VEHICLE

223226 OWNER/OPERATOR

224227 ONBOARD REFUELING VAPOR RECOVERY (ORVR)

228 PHASE I

229 PHASE II

230 PRESSURE/VACUUM RELIEF VALVE

225231 QUALIFIED MANUFACTURER

226232 QUALIFIED REPAIR

227233 REBUILD

228234 RETAIL GASOLINE DISPENSING FACILITY

229235 SPILL BOX

230236 STANDING LOSS CONTROL

237 STORAGE TANK

238 SUBMERGED FILL TUBE

231239 TRANSPORT VESSEL

232240 TOPPING OFF

241 VAPOR CHECK VALVE

233242 VAPOR RECOVERY SYSTEM

234 PHASE I

235 PHASE II

236 TOPPING OFF

237243 VAPOR TIGHT

300 STANDARDS

301 OPERATING PRACTICES

302 CERTIFICATION REQUIREMENTS:

303 TOPPING OFF

304 GASOLINE TRANSFER INTO STORAGE TANKS (PHASE I)

305 GASOLINE DISPENSING INTO MOTOR VEHICLE FUEL TANKS 

(PHASE II)

306 SELF-COMPLIANCE PROGRAM

307 DAILY MAINTENANCE INSPECTION PROTOCOL

308 PERIODIC INSPECTION PROTOCOL

309 SOURCE TESTING

310 PROHIBITION OF USE

311 POSTING OF OPERATING INSTRUCTIONS

400 ADMINISTRATIVE REQUIREMENTS

401 COMPLIANCE SCHEDULE

402 VIOLATIONS

500 MONITORING AND RECORDS

501 PREVENTATIVE MAINTENANCE PROGRAM

502 RECORD KEEPING
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600 TEST METHODS AND PROCEDURES

601 STATIC PRESSURE DECAY

602 DYNAMIC PRESSURE

603 AIR-TO-LIQUID RATIO

604 LIQUID REMOVAL RATE

605 STORAGE TANK MANIFOLD

606 VAPOR TIGHT CONDITION
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100 GENERAL

101 PURPOSE: The purpose of this rule is to limit displaced gasoline vapors from 

storage tanks, transport vessels, and motor vehicle fuel tanks using CARB 

certified Phase I and II vapor recovery systems.

102 APPLICABILITY: This rule applies to the transfer of gasoline from any 

transport vessel into any stationary storage tank, and dispensing from any 

stationary storage tank located at a gasoline dispensing facility into any motor 

vehicle fuel tank.

110 EXEMPTION: The provisions of this rule shall not apply to:

110.1 Stationary storage tanks that are used exclusively for the fueling of 

implements of husbandry.

110.2 Dispensing systems of 250 gallons capacity or less.

110.3 Vehicle to vehicle refueling.

110.4 Facilities which exclusively refuel aircraft.

110.5 Facilities which exclusively refuel motor vehicle tanks with a capacity of 

5 gallons or less.

111 EXEMPTION – FACILITY THROUGHPUT LESS THAN 24,000 

GALLONS PER YEAR: The provisions of Section 305 shall not apply to any 

existing facility with an aggregate facility a Permit to Operate throughput limit of 

less than or equal to 24,000 gallons of gasoline per year, provided the facility was 

in operation prior to January 11, 1995.

112 EXEMPTION – E85: The provisions of Section 305 shall not apply to the 

dispensing of E85 into a vehicle fuel tank.

113 EXEMPTION – ONBOARD REFUELING VAPOR RECOVERY: The 

provisions of Section 305 shall not apply to non-retail gasoline dispensing 

facilities where 95% of the vehicles being refueled are equipped with onboard 

refueling vapor recovery (ORVR) systems.

114 EXEMPTION – GASOLINE BULK PLANT: The provisions of this rule shall 

not apply to storage tanks subject to Rule 2.21 located at gasoline bulk plants.

115 EXEMPTION – PHASE I EVR: The provisions of Section 304.1 shall not apply 

to any aboveground storage tank used at a gasoline dispensing facility that meets 

the following requirements:

115.1 Such aboveground storage tank is equipped with a Phase I vapor recovery 

system that meets all of the following requirements:
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a. The vapor recovery system was CARB certified to achieve a 

minimum vapor recovery efficiency of 95% by weight.

b. The vapor recovery system was CARB certified before June 1, 

2001.

c. The aboveground storage tank was installed and in operation 

before July 1, 2010.

115.2 Such aboveground storage tank has a permitted throughput limit of less 

than or equal to 60,000 gallons per year, or is found by CARB and the 

District to be physically incompatible with all certified Phase I EVR 

systems.

116 EXEMPTION – PHASE II EVR: The provisions of Section 305.1 shall not 

apply to any dispensing unit used on any aboveground storage tank at a gasoline 

dispensing facility that meets the following requirements:

116.1 The dispensing unit is equipped with a Phase II vapor recovery system that 

meets all of the following requirements:

a. The vapor recovery system was CARB certified to recover or 

process displaced gasoline vapor by at least 95% by weight.

b. The vapor recovery system was CARB certified before June 1, 

2001.

200 DEFINITIONS

201 ALTERED FACILITY: A gasoline dispensing facility where:

201.1 The removal or addition of storage tank(s), or changes in the number of 

fueling positions; or

201.2 The replacement of storage tank(s), dispensing nozzle(s) or other 

equipment with different characteristics or descriptions from those 

specified on the existing Permit to Operate.

202 AS-IS-CONDITION: The unadjusted condition of any gasoline dispensing 

facility that exists on the day of the test, prior to conducting the test.

203 BACKFILLING: The covering of the storage tank, piping or any associated 

components with soil, aggregate, or other materials prior to laying the finished 

surface.

204 BELLOWS-LESS NOZZLE: Any nozzle that incorporates an aspirator or 

vacuum assist system and a gasoline vapor capture mechanism at the motor 

vehicle filler neck, such that the vapors are collected at the vehicle filler neck 

without the need for an interfacing flexible bellows.
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205 BREAKAWAY COUPLING: A component attached to the coaxial hose, which 

allows the safe separation of the hose from the dispenser or the hose from the 

nozzle in the event of a forced removal such as in the case of a "driveoff."

206 CARB CERTIFIED OR CERTIFIED BY CARB: A Phase I or Phase II vapor 

recovery system, equipment, or any component thereof, for which the California 

Air Resources Board (CARB) has evaluated its performance and issued a valid 

Executive Order pursuant to Health and Safety Code Section 41954. Each 

component of a system is a separate CARB certified item and cannot be replaced 

with a non-certified item or other items that are not certified for use with the 

particular system. Except for qualified repairs, a CARB certified component shall 

be as supplied by the qualified manufacturer. A rebuilt component shall not be 

deemed as CARB certified unless the person who rebuilds the component is 

authorized by CARB to rebuild the designated CARB certified component.

207 CLEARLY AND PERMANENTLY MARKED: An identification of the 

manufacturer's name, model number, and other required information on a vapor 

recovery system component that is legible, and the identification is either directly 

stamped on or attached to the component using methods or materials that would 

endure constant long term use.

208 COAXIAL FILL TUBE: A submerged fill tube that contains two passages, one 

within the other. The center passage transfers gasoline liquid to the storage tank 

and the outer passage carries the gasoline vapors to the transport vessel.

209 COAXIAL HOSE: A hose that contains two passages one, within the other. One 

of the passages dispenses the liquid gasoline into the vehicle fuel tank while the 

other passage carries the displaced gasoline vapors from the vehicle fuel tank to 

the storage tank.

210 DISPENSER: A gasoline dispensing unit used for housing the above ground 

gasoline and vapor recovery piping, the gasoline meters, and hanger for the 

gasoline-dispensing nozzles when they are not in use.

211 DRY BREAK OR POPPETED DRY BREAK: A Phase I vapor recovery 

component 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 and sealed.

212 DUAL-POINT DESIGN: A type of Phase I vapor recovery system that delivers 

gasoline liquid into storage tanks and recovers the displaced vapors through two 

separate openings in the tank.

212 E85: Any alternative vehicle fuel with a nominal 85 percent ethanol composition, 

having a Reid vapor pressure of 4.0 pounds per square inch or greater and 

meeting the specifications of Title 13, California Code of Regulations, Section 

2292.4.
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213 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 or in 

CARB CP-206 (Certification Procedure for Vapor Recovery Systems at Gasoline 

Dispensing Facilities Using Aboveground Storage Tanks) Sections 3 through 10.

213214FUELING POSITION: A fuel dispensing unit consisting of nozzle(s) and 

meter(s) with the capability to deliver only one fuel product at one time.

214215GASOLINE: Any petroleum distillate or petroleum distillate/alcohol blend 

having a Reid vapor pressure of 4.0 pounds per square inch or greater, determined 

in accordance with ASTM Test Method D-323-99a, and used as a motor vehicle 

fuel, or any fuel which is commonly or commercially known or sold as gasoline.

216 GASOLINE BULK PLANT: Any gasoline loading facility where primary 

delivery of gasoline to a storage tank is other than by pipeline.

215217GASOLINE DISPENSING FACILITY: Any stationary facility thatwhich 

receives gasoline from transport vessels and dispenses gasoline directly into the 

fuel tanks of motor vehicles. This facility shall be treated as a single source which 

includes all necessary equipment for the exclusive use of the facility, such as 

nozzles, dispensers, pumps, vapor return lines, plumbing, and storage tanks.

216218GASOLINE VAPORS: The organic compounds in vapor form displaced during 

gasoline transfer and dispensing operations, and includes entrained liquid 

gasoline.

219 IN-STATION DIAGNOSTICS (ISD): CARB certified equipment that provides 

continuous real-time monitoring of critical emission related vapor recovery 

system parameters and components, and alerts the station operator when a failure 

mode is detected so that corrective action is taken.

217220INSERTION INTERLOCK MECHANISM: Any CARB certified mechanism 

that ensures a tight fit at the nozzle fill pipe interface and prohibits the dispensing 

of gasoline unless the bellows is compressed.

218221LIQUID TIGHT: A liquid leak rate of no more than 3 drops per minute.

219222LIQUID REMOVAL DEVICE: A device designed specifically to remove 

trapped liquid from the vapor return portion of a coaxial hose.

220223MAJOR DEFECT: A defect in the vapor recovery system or its component, as 

listed in California Code of Regulations, Title 17, Part III, Chapter 1, Subchapter 

8, Section 94006.

221224MINOR DEFECT: A defect in any gasoline dispensing equipment, which 

renders the equipment out of good working order but which does not constitute a 

major defect.
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222225MOTOR VEHICLE: Any self-propelled vehicle as defined in Section 415 of the 

California Vehicle Code.

223226OWNER/OPERATOR: Any person who owns, leases, or operates a gasoline 

dispensing facility.

227 ONBOARD REFUELING VAPOR RECOVERY (ORVR): A vehicle-based 

vapor recovery system required by Title 13, California Code of Regulations, 

Section 1978, or Title 40, Code of Federal Regulations, Part 86.

228 PHASE I: A gasoline vapor recovery system or equipment that recovers the 

vapors generated during the transfer of gasoline from transport vessels into 

storage tanks.

229 PHASE II: A gasoline vapor recovery system or equipment that recovers the 

vapors generated during the fueling from storage tanks. A Phase II vapor 

recovery system may be one of the following:

229.1 A balance system, which operates on the principle of vapor displacement;

229.2 A vacuum-assist system, which uses a mechanical vacuum-producing 

device to create a vacuum, or

229.3 An aspirator-assist system, which uses an aspirator or eductor to create a 

vacuum during gasoline dispensing to capture gasoline vapors.

224230PRESSURE/VACUUM RELIEF VALVE: A valve that is installed on the vent 

pipes of the gasoline storage tank to relieve pressure or vacuum build-up at preset 

values of pressure or vacuum within the tank.

225231QUALIFIED MANUFACTURER: The original equipment manufacturer of the 

CARB certified vapor recovery system or component, or a rebuilder who is 

authorized by CARB to rebuild the designated CARB certified component.

226232QUALIFIED REPAIR: A repair or maintenance of the gasoline dispensing 

equipment or vapor recovery system component that would restore the function or 

performance of such equipment/component following the qualified manufacturer's 

instructions and using only the applicable CARB certified parts supplied by the 

qualified manufacturer. Unless otherwise authorized by CARB, a repair or 

maintenance shall not be considered a qualified repair if the action changes the 

size, shape, or materials of construction of any gasoline vapor passage, or if it 

may otherwise obstruct, hinder, or reduce the recovery of gasoline vapors during 

operation.

227233REBUILD: 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 
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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.

228234RETAIL GASOLINE DISPENSING FACILITY: Any gasoline dispensing 

facility subject to the payment of California sales tax for the sale of gasoline to 

the public.

229235SPILL BOX: 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.

236 STANDING LOSS CONTROL: A system designed to control vapors from 

aboveground storage tanks when no Phase I or Phase II gasoline transfers are 

occurring, and meets the performance standards and specifications set forth in the 

CARB CP-206 (Certification Procedure for Vapor Recovery Systems at Gasoline 

Dispensing Facilities Using Aboveground Storage Tanks) Section 3.

237 STORAGE TANK: Any container designed and equipped for storage of an 

organic liquid.

230238SUBMERGED FILL TUBE: Any storage tank fill tube with the highest level of 

the discharge opening entirely submerged, when the liquid level above the bottom 

of the tank is:

230.1238.1 6 inches, for tanks filled from the top; or

230.2238.2 18 inches for tanks filled from the side.

231239TRANSPORT VESSEL: Any cargo tank, tank truck, trailer, or railroad tank car 

that is designed and equipped to receive and transport organic liquid.

232 VAPOR CHECK VALVE: 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.

233 VAPOR RECOVERY SYSTEM: A system installed at a gasoline dispensing 

facility for collection and recovery of gasoline vapors displaced or emitted from 

the storage tanks (Phase I) and during refueling of motor vehicle fuel tanks (Phase 

II). A Phase II vapor recovery system may be a balance system, which operates on 

the principle of vapor displacement, a vacuum-assist system, which uses a 

mechanical vacuum-producing device to create a vacuum, or an aspirator-assist 

system, which uses an aspirator or eductor to create a vacuum during gasoline 

dispensing to capture gasoline vapors.

234 PHASE I: A gasoline vapor recovery system or equipment that recovers the 

vapors generated during the transfer of gasoline from transport vessels into 

storage tanks.
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235 PHASE II: A gasoline vapor recovery system or equipment that recovers the 

vapors generated during the fueling from storage tanks.

236240TOPPING OFF: To attempt to dispense gasoline to a motor vehicle or utility 

equipment fuel tank after the vapor recovery dispensing nozzle primary shutoff 

mechanism has engaged. The filling of those vehicle tanks, which, because of the 

nature and configuration of the fill pipe, causes premature shut off of the 

dispensing nozzle, and which are filled only after the seal between the fill pipe 

and the nozzle is broken, shall not be considered topping off.

241 VAPOR CHECK VALVE: 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.

242 VAPOR RECOVERY SYSTEM: A system installed at a gasoline dispensing 

facility for collection and recovery of gasoline vapors displaced or emitted from 

the storage tanks (Phase I) and during refueling of motor vehicle fuel tanks (Phase 

II). 

237243VAPOR TIGHT: A vapor leak of less than 10,000 ppm hydrocarbon 

concentration, as determined by EPA Reference Method 21, using an appropriate 

analyzer calibrated with methane.

300 STANDARDS

301 OPERATING PRACTICES: A person shall not store gasoline in open 

container(s) of any size or handle gasoline in any manner (spillage, spraying, etc.) 

that allows gasoline liquid or gasoline vapors to enter the atmosphere, 

contaminate the ground, or the public sewer system.

302 CERTIFICATION REQUIREMENTS: A person shall not offer for sale, sell,

or install within the District any Phase II vapor recovery equipment unless such 

equipment is CARB certified. In addition, all new or rebuilt vapor recovery 

equipment shall be clearly identified or marked by the certified manufacturing 

company and/or the certified rebuilding company.

303 TOPPING OFF: A person shall not top off motor vehicle fuel tanks.

304 GASOLINE TRANSFER INTO STORAGE TANKS (PHASE I): A person 

shall not transfer, allow the transfer or provide equipment for the transfer of 

gasoline from any transport vessel into any storage tank with a capacity of 251 

gallons or more unless all of the following conditions are met:

304.1 Such storage tank is equipped with a CARB certified Phase I enhanced 

vapor recovery system that recovers or processes displaced gasoline 

vapors by at least 95% by weight, or having a minimum volumetric 

efficiency of 98% and an emission factor not exceeding 0.15 pounds per 

1,000 gallons, as applicable.
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304.2 The vapor recovery system shall be maintained and operated according to 

the manufacturer's specifications and as per the most recent applicable 

CARB Executive Orders.

304.3 All vapor return lines are connected between the transport vessel and the 

storage tank while gasoline is transferred, and all associated hoses, 

fittings, and couplings are maintained in a liquid tight and vapor tight 

condition.

304.4 Such storage tank is equipped with a CARB certified submerged fill tube.

304.5 The fill tube shall be maintained liquid tight, vapor tight, and free of air 

ingestion. A fill tube that is free of air ingestion is determined by 

observing the gasoline stream as clear and free of air bubbles through the 

sight windows on the fill tube, except during the initial and final 60 

seconds of gasoline transfer.

304.6 The following equipment shall be installed, operated and maintained as 

specified below:

a. All fill tubes are equipped with vapor tight caps;

b. All dry breaks are equipped with vapor tight seals and vapor tight 

caps;

c. All CARB certified coaxial fill tubes are spring-loaded and 

operated so that the vapor passage from the storage tank back to 

the transport vessel is not obstructed;

d. The fill tube assembly, including fill tube, fittings and gaskets, is 

maintained to prevent vapor leakage from any portion of the vapor 

recovery system;

e. All storage tank vapor return lines without dry breaks are equipped 

with vapor tight caps;

f. Each vapor tight cap is in a closed position except when the fill 

tube or dry break it serves is actively in use; and

g. Each gasoline delivery elbow is equipped with sight windows.

304.7 Any time an underground storage tank is installed or replaced at any 

gasoline dispensing facility, a CARB certified spill box shall be installed. 

The spill box shall be maintained free of standing liquid, debris, and other 

foreign matters,matter and equipped with an integral drain valve or any 

other devices that are CARB certified by CARB to returndevice that

returns spilled gasoline to the underground storage tank. The drain valve 

shall be maintained closed and free of vapor emissions at all times except 

when the valve is actively in use.

304.8 Except when otherwise specified in the most recent applicable CARB 

Executive Orders, the Phase I vapor recovery system shall be of dual-point 

design and equipped with CARB certified poppetted dry breaks or springloaded vapor check valves on the vapor return coupler.
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304.9304.8 The hatch on any transport vessel shall be equipped and operated 

with a vapor tight cover during gasoline transfer and pumping. The hatch 

shall not be opened except for visual inspection, which may be performed 

after at least 3 minutes following the completion of the gasoline transfer or 

pumping. Except otherwise specified by CARB, visual inspection shall be 

completed in 3 minutes or less.

304.10304.9 Effective January 1, 1996, allAll open pipe vents on stationary 

tanks at gasoline dispensing facilities shall be equipped with a pressurevacuum relief valve. Unless otherwise specified in the most recent 

applicable CARB Executive Orders, the pressure relief for an underground 

storage tank shall be set for pressure relief at 3 ± 0.5 inches water column 

and vacuum relief at 8 ± 0.5 inches water column. For the purpose of this 

section, vent pipes of storage tanks may be manifolded according to the 

most recent applicable CARB Executive Order.

304.11 Each aboveground storage tank shall be equipped with a pressure-vacuum 

relief value according to the most recent applicable CARB Executive 

Orders.

304.10 The vent pipe opening on underground tanks shall be at least 12 feet above 

the driveway level used for transport vessel fillingsurface grade.

304.12304.11 Such aboveground storage tank is equipped with CARB Certified 

Standing Loss Control.

305 GASOLINE DISPENSING INTO MOTOR VEHICLE FUEL TANKS 

(PHASE II): A person shall not dispense or allow the dispensing or provide 

equipment for the dispensing of gasoline to a motor vehicle fuel tank with a 

capacity of greater than 5 gallons from a gasoline dispensing system unless all of 

the following requirements are met.

305.1 The transfer is made with a dispensing unit that is equipped with a CARB 

certified Phase II vapor recovery system to recover or process displaced 

gasoline vapors at an efficiency of at least 95% by weight, or having an 

emission factor not exceeding 0.38 pounds per 1,000 gallons of gasoline 

dispensed, as applicableenhanced vapor recovery system.

305.2 The vapor recovery system and associated components shall be operated 

and maintained in a manner in accordance with the manufacturer's 

specifications and as per the most recent applicable CARB Executive 

Orders.

305.3 The vapor recovery system and associated components shall be operated 

and maintained free of major defects and in a vapor and liquid tight 

condition at all times.
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305.4 Where District personnel determinesdetermine that any vapor recovery 

component contains a minor defect, District personnel shall provide the 

owner/operator with a notice of correction specifying the basis on which 

the component is deemed defective. The owner/operator shall repair or 

replace such component and provide the District with adequate evidence 

that the component is in good working order within 7 days of receiving the 

notice. Furthermore, if the APCO makes a determination that any vapor 

recovery component may not be in compliance with any provision of this 

rule, the APCO may require the owner/operator to conduct and 

successfully pass an applicable test in accordance with the test methods 

and procedures specified in Section 600 to verify compliance.

305.5 Each balance-system nozzle shall be equipped with a CARB certified 

insertion interlock mechanism and a CARB certified vapor check valve.

305.6 All balance-system nozzle boots shall be replaced at least once per year 

and tested to verify compliance with the vapor path leak requirements and 

a record made in the maintenance log prior to continued operation.

305.7 Each gasoline-dispensing nozzle shall be equipped with a CARB certified 

coaxial hose.

305.8 Unless otherwise specified in the most recent applicable CARB Executive 

Orders, all liquid removal devices installed for any gasoline-dispensing 

nozzle with a dispensing rate of greater than 5 gallons per minute shall be 

CARB certified with a minimum liquid removal rate of 5 milliliters per 

gallon dispensed.

305.9 Each breakaway coupling shall be CARB certified and shall be equipped 

with a poppet valve. The poppet valve shall close and maintain both the 

gasoline vapor and liquid lines vapor tight and liquid tight when the 

coupling is separated.

305.10305.5 In the event of a separation of a hose from the dispenser or a hose 

from the nozzle (i.e., "driveoff"), the owner/operator shall complete one of 

the following and document the repair activities as specified in Section 

502:

a. Conduct a visual inspection of the affected equipment and perform 

qualified repairs on any damaged components before placing 

theany affected equipment back in service. In addition, the affected 

equipment shall be tested in accordance to applicable reverification 

teststest methods as specified in Section 309.1 shall be 

conductedthe applicable CARB Executive Orders and the 

corresponding CARB approved Installation, Operation and 

Maintenance manual and successfully passed within 24 hours 

afterprior to the affected equipment is placed back in 

service,dispensing gasoline into any vehicle; or
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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 

equipped back in service.

The owner/operator shall notify the District within 24 hours of completing 

the requirements specified in Sections 305.10.a or 305.10.b.

305.11305.6 The owner/operator shall have all storage tank 

installationinstallations and the associated piping configuration inspected 

by District personnel prior to backfilling, to verify that all underground 

equipment is properly installed in accordance with the requirements 

specified in the most recent applicable CARB Executive Orders. The 

owner/operator shall notify the District at least 3 days prior to the 

backfilling.

305.7 An owner/operator subject to Phase II enhanced vapor recovery under 

Section 305.1 shall install and maintain an in-station diagnostics system in 

accordance with and to the extent required by the most recent applicable 

CARB Executive Orders.

306 SELF-COMPLIANCE PROGRAM:

306.1 The owner/operator of any retail gasoline dispensing facility (GDF) shall 

implement a self-compliance program as follows:

a. Inspection and maintenance procedures shall be conducted daily in 

accordance with the protocol specified in Section 307 and CARB 

Executive Orders, as applicable, to ensure proper operating 

conditions of all components of the vapor recovery systems.

b. InspectionsInspection procedures shall be conducted at least once 

every 12 months in accordance with the protocol specified in 

Section 308 and CARB Executive Orders, as applicable, to verify 

the compliance with all applicable District rules and regulations, as 

well as all permit conditions.

306.2 The owner/operator of any non-retail (GDF) shall implement a selfcompliance program as follows:

a. Inspection and maintenance procedures shall be conducted at least 

once every 3 months in accordance with the protocol specified in 

Section 307 and CARB Executive Orders, as applicable, to ensure 

proper operating conditions of all components of the vapor 

recovery systems.

b. Inspection procedures shall be conducted at least once every 12 

months in accordance with the protocol specified in Section 308

and CARB Executive Orders, as applicable, to verify the 
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compliance with all applicable District rules and regulations, as 

well as all permit conditions.

306.2 The owner/operator of any non-retail (GDF) shall implement a selfcompliance program as follows:

a. Inspection and maintenance procedures shall be conducted at least 

once every 3 months in accordance with the protocol specified in 

Section 307 to ensure proper operating conditions of all 

components of the vapor recovery systems.

b. Inspections procedures shall be conducted at least once every 12 

months in accordance with the protocol specified in Section 308 to 

verify the compliance with all applicable District rules and 

regulations, as well as all permit conditions.

307 DAILY MAINTENANCE INSPECTION PROTOCOL: The owner/operator 

of a retail gasoline dispensing facility shall at minimum verify the following and 

record the results in the District-approved report format during the daily 

maintenance inspection:

307.1 Phase I Vapor Recovery System

a. The spill container is clean and does not contain gasoline.

b. The fill caps are not missing, damaged, or loose.

c. If applicable:

(i) the spring-loaded submerged fill tube seals properly against 

the coaxial fitting;

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

d. The submerged fill tube is not missing or damaged.

307.2 Phase II Vapor Recovery System

a. The fueling instructions are clearly displayed.

b. The hoses are not torn, flattened, or crimped.

c. The vapor recovery hoses are the required size and length.

d. 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 most recent applicable CARB Executive 

Orders for that particular dispensing configuration.

e. The following nozzle components are in place and in good 

condition, as specified in the most recent applicable CARB 

Executive Orders:

(i) bellows

(ii) latching device spring

(iii) vapor check valve

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

(v) insertion interlock mechanism

(vi) automatic shut-off mechanism

(vii) hold open latch
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(viii) face plate/face cone, vapor splash guard, fill guard, 

efficiency compliance device.

f. For vacuum-assist systems, the vapor processing unit and burner 

are functioning properly.

307.3 In-Station Diagnostics:

a. System status, including any system alarms.

b. In the event of an ISD fuel system shut-down alarm, the 

owner/operator shall not reset the ISD system to allow gasoline 

dispensing, unless:

(i) All required repairs to correct the ISD alarm have been 

completed.

(ii) The dispenser(s) associated with the ISD alarm is isolated, 

removed from service, and not operated until all required 

repairs to correct the ISD alarm have been completed.

307.3307.4 Any equipment not meeting the requirements specified above, or 

any equipment with major defect(s) which are identified during the 

inspection procedures, shall be isolated, removed from service, repaired, 

brought into compliance, and duly entered into the repair logs in 

accordance with the requirements specified in Section 502 before being 

returned to service. Major defect(s) discovered during self inspection and 

that are repaired shall not constitute a violation of District Rule 2.22.

308 PERIODIC INSPECTION PROTOCOL: The owner/operator of a retail 

gasoline dispensing facility shall at minimum verify the following and record the 

results in the District-approved report format during the periodic compliance 

inspections:

308.1 General Inspection

a. The District permit is current.

b. The equipment and District Permit to Operate description match.

c. The facility complies with all permit conditions.

d. The required sign is properly posted and the sign contains all the 

necessary information.

308.2 Phase I Vapor Recovery System Inspection

a. The distance between the highest level of the discharge opening of 

the submerged fill tube and the bottom of the storage tank does not 

exceed 6 inches.

b. The Phase I vapor recovery system complies with required CARB 

certification and is properly installed.

c. The spill box complies with required CARB certification and is 

properly installed.

d. The vent pipes are equipped with the required pressure/vacuum 

relief valves.
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 17

(Final Draft December 30, 2014)

308.3 Phase II Vapor Recovery System Inspection

a. Each nozzle is the current CARB certified model.

b. Each nozzle is installed in accordance with the most recent 

applicable CARB Executive Orders.

c. The bellows-equipped vapor recovery nozzles are equipped with 

CARB certified insertion interlock mechanisms.

d. If required, the flow limiter is not missing and is installed properly.

e. The swivels are not missing, defective, or leaking, and the 

dispenser-end swivels, if applicable, are Fire-Marshall approved 

with 90-degree stops.

f. If required, the liquid removal devices comply with required 

CARB certifications and are properly installed.

g. For bellows-less nozzles, the hoses are inverted coaxial type except 

for Hirt systems, and the vapor collection holes are not obstructed.

h. 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.

309 SOURCE TESTING: 

308.4309.1 Within 45 calendar days of the initial operation of a new or altered 

gasoline dispensing facility, the owner/operator shall conduct and 

successfully pass the source tests required by the applicable District 

Authority to Construct permits and the most recent applicable CARB 

Executive Orders, in accordance with the test methods and procedures as 

specified in Section 600, and any additional tests required by the 

applicable CARB Executive Orders including the corresponding CARB 

approved Installation, Operation and Maintenance Manual and District 

Permits, to verify the proper installation and operation of Phase I and

Phase II vapor recovery systems.

308.5 The owner/operator shall conduct and successfully pass the applicable 

reverification tests using the most recent applicable CARB Executive 

Orders, in accordance with the test methods and procedures as specified in 

Section 600 to verify , and any additional tests required by the applicable 

CARB Executive Orders including the corresponding CARB approved 

Installation, Operation and Maintenance Manual and District Permits, to 

verify the proper operation of the vapor recovery systems. proper 

operation of the vapor recovery system as follows:

a. Static pressure test (Phase I and II systems).

b. Air-to-liquid ratio test for facilities with bellows-less nozzles.

c. Dynamic pressure test for all gasoline dispensing facilities.

d. Liquid removal test for systems with a liquid removal device 

required by the most recent applicable CARB Executive Orders.
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 18

(Final Draft December 30, 2014)

308.6309.2 The owner/operator of a gasoline dispensing facility with a Permit 

to Operate throughput limit of 4,000,000 gallons per year or greater shall 

complete the reverification test initially no later than December 12, 2002, 

and semiannually thereafter. Each semiannual test shall be completed 

within 6 months of the previous successful test. No adjustments to the 

gasoline dispensing facility shall be made the day of the test and the test 

shall be conducted in an as-is-condition. Once non-compliance with a

performance standard has been determined and documented, the facility 

may make the necessary adjustments to bring the facility back into 

compliance.

308.7309.3 The owner/operator of a gasoline dispensing facility with a Permit 

to Operate throughput limit less than 4,000,000 gallons per year shall 

complete the reverification test initially no later than June 12, 2003, and 

annually thereafter.annually. Each annual test shall be completed within 

12 months of the previous successful test. No adjustments to the gasoline 

dispensing facility shall be made the day of the test and the test shall be 

conducted in an as-is-condition. Once non-compliance with a performance 

standard has been determined and documented, the facility may make the 

necessary adjustments to bring the facility back into compliance.

308.8309.4 A person who conducts performance or reverification tests shall 

comply with all of the following:

a. Conduct tests in accordance with the applicable test methods 

specified in Section 600 and other CARB testing procedures. Tests 

shall be conducted using calibrated equipment meeting the 

calibration range and calibration intervals specified by the 

manufacturer.

b. Provide notification to the District at least 3 days prior to testing 

except for reverification tests conducted after a driveoff, provided 

that the person conducting the tests complies with all other 

applicable provisions of the rule.

c. Conduct the tests any time Monday through Friday from 9:00 a.m. 

through 4:00 p.m.

d. Submit a copy of the test report in District-approved format to the 

APCO within 48 hours30 days after each test is conducted. The 

test report shall include all the required records of tests, test data, a 

statement whether the system or component tested meets or fails to 

meet the required standards, and the name and signature of the 

person responsible for conducting the tests.

308.9309.5 Notwithstanding Section 309.45.b, the owner/operator that has 

failed a reverification test or portions thereof may retest the facility prior 

to resuming operation provided that the person conducting the tests has 

complied with one of the following:

a. Notify the District at least 12 hours prior to retesting; or
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 19

(Final Draft December 30, 2014)

b. When all necessary repairs are performed during the same day the 

facility has failed , the owner/operator may retest the facility on the 

same day without re-notification, provided that the reasons for the 

test failure and any repairs performed are properly documented in 

the test reports and the repair logs pursuant to Sections 502.2 and 

502.3.

308.10309.6 The owner/operator shall not operate or resume operation of a 

gasoline 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 Section 502.3.

309310PROHIBITION OF USE: Whenever the Air Pollution Control Officer 

determines that a Phase II vapor recovery system, or any component thereof, 

contains a defect specified by the California Air Resources Board pursuant to 

Section 41960.2(c) of the California Health and Safety Code, the Air Pollution 

Control Officer shall mark such a system or component “Out of Order.” No 

person shall use or permit the use of such marked component or system until it 

has been repaired, replaced, or adjusted, as necessary, and the APCO has 

reinspected it or has authorized its use pending reinspection.

310311POSTING OF OPERATING INSTRUCTIONS: The owner/operator of each 

retail gasoline dispensing facility utilizing a Phase II system shall conspicuously 

post operating instructions for the system in the gasoline dispensing area. The 

instructions shall clearly describe how to fuel motor vehicles correctly with vapor 

recovery nozzles, and shall include a warning that topping off may result in 

spillage or recirculation of gasoline and is prohibited. Additionally the 

instructions shall include prominent display of the Yolo-Solano Air Quality 

Management District's or the California Air Resources Board's toll free telephone 

number for complaints. A dispenser that is never used to fuel motor vehicles shall 

have a sign posted on it restricting its use for motor vehicles. All required signs 

shall conform to the following:

310.1311.1 Each decal sign shall be visible from all fueling positions it serves 

that shall be readable from a distance of at least 3 feet.

310.2311.2 Each pump toppers shall be equipped with one double-back sign 

per island; each dispenser shall be equipped with two permanent (nondecal) signs, two single-sided or one double-sided sign(s); and all signs 

shall be readable from a distance of at least 6 feet.
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 20

(Final Draft December 30, 2014)

400 ADMINISTRATIVE REQUIREMENTS

401 COMPLIANCE SCHEDULE: The owner/operator of any gasoline dispensing 

facility shall comply with the applicable provisions of this rule in accordance with 

the following schedule:

401.1 If required, by December 12, 2002, submit an application for Authority to 

Construct to the Air Pollution Control Officer and by December 12, 2003, 

be in final compliance with this rule.

402401VIOLATIONS: Any equipment subject to the provisions of this rule that fails to 

meet the requirements contained in Section 305 shall be tagged "Out of Order." 

Such failures shall constitute a violation of this rule. Except during repair activity, 

the "Out of Order" tag shall not be removed and the tagged equipment shall not be 

used, permitted to be used, or provided for use unless all of the following 

conditions are met:

402.1401.1 The tagged equipment has been repaired, replaced, or adjusted, as 

necessary;

402.2401.2 The District has been notified of the repairs by completing and 

signing the form supplied by the District; and

402.3401.3 The tagged equipment has be reinspected and/or authorized for use 

by the APCO.

Failure of any of the test methods specified in Section 600 shall constitute a 

violation of this rule.

500 MONITORING AND RECORDS

501 PREVENTATIVE MAINTENANCE PROGRAM: No later than September 

12, 2002, theThe owner/operator of each gasoline dispensing facility shall 

implement a maintenance program and document the program in a preventative 

maintenance (PM) manual for the Phase II vapor recovery system. The PM 

manual shall be kept at the facility and made available to any person who 

operates, inspects, maintains, repairs, or tests any part of the vapor recovery 

system. The PM manual shall be made available to District personnel upon 

request. The PM manual shall contain detailed instructions to assure proper 

operation and maintenance of the vapor recovery system and its components. The 

PM manual shall include the following current information:

501.1 A copy of all applicable CARB Executive Orders, Approval Letters, and 

valid District Permits.

501.2 A copy of the manufacturer's specifications and instructions for 

installation, operation, repair and maintenance required pursuant to CARB 

Certification Procedure CP-201, Certification Procedure for Vapor 
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 21

(Final Draft December 30, 2014)

Recovery Systems at Gasoline Dispensing Facilities, and any additional 

instructions provided by the manufacturer.

501.3 System and/or component testing requirements, including test schedules 

and passing criteria for each of the standard tests specified in Section 600. 

The owner/operator may include any non-CARB required diagnostic and 

other tests as part of the testing requirements.

501.4 Additional O&M instructions, if any, that are designed to ensure 

compliance with the applicable rules, regulations, CARB Executive 

Orders and District Permit to Operate conditions, including replacement 

schedules for failure or wear prone components.

502 RECORD KEEPING: A person who performs self-compliance inspections, 

repairs or testing at any gasoline 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 shall maintain all records listed 

below on site and any other test results or maintenance records that are required to 

demonstrate compliance for a period of at least 2 years. Records for non-retail 

gasoline dispensing facilities that are unmanned may be kept off site provided that 

the records are made available to District personnel within 72 hours. All records 

required by this section shall be made available to the District personnel upon 

request both on site during inspections and offsite as specified.

502.1 Records of all defective components identified or repaired during selfcompliance inspections.

502.2 Repair logs shall include at a minimum:

a. Date and time of 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 repaired, serviced, or removed, including 

the required component identification information.

e. Each component that was installed as replacement, if applicable, 

including the required component identification information.

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.

502.3 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.
Yolo-Solano AQMD

Revised June 12, 2002January 14, 2015 Reg. II, Rule, 2.22, Page 22

(Final Draft December 30, 2014)

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.

f. Copies of the test reports in District-approved format.

502.4 Records of all ISD system alarms and associated repairs.

600 TEST METHODS AND PROCEDURES

601 STATIC PRESSURE DECAY: The static pressure performance tests of a Phase 

I or Phase II vapor recovery system for underground and above ground tanks shall 

be determined in accordance with CARB Test Procedure TP-201.3 and TP201.3B, as applicable.

602 DYNAMIC PRESSURE: The dynamic pressure performance of a Phase II vapor 

recovery system shall be determined in accordance with CARB Test Procedure 

TP-201.4.

603 AIR-TO-LIQUID RATIO: The air-to-liquid volume ratio of a Phase II vapor 

recovery system shall be determined in accordance with CARB Test Procedure 

TP-201.5.

604 LIQUID REMOVAL RATE: The liquid removal rate of a Phase II vapor 

recovery system shall be determined in accordance with CARB Test Procedure 

TP-201.6.

605 STORAGE TANK MANIFOLD: The manifold of the underground storage 

tanks shall meet CARB tank tie tests requirements in accordance with CARB 

Test Procedure TP-201.3C.

606 VAPOR TIGHT CONDITION: The vapor tight condition shall be determined 

in accordance with EPA Method 21, using a portable hydrocarbon analyzer 

calibrated with methane.

All required tests shall be conducted in accordance with the most recently CARB 

approved version of CARB test methods or as stated in the applicable CARB Executive 

Orders including the corresponding Installation, Operation and Maintenance Manual test 

procedures or any other test methods approved in writing by the USEPA, CARB, or the 

District.
ATTACHMENT B

NOTICE OF EXEMPTION FROM CEQA GUIDELINES
Notice of Exemption

To: □ Office of Planning and Research

1400 Tenth Street, Room 121

Sacramento, CA 95814

■ County Clerk

County of Yolo

625 Court Street, Room 105

Woodland, CA 95695

□ County Clerk

Solano County

600 Texas Street

Fairfield, CA 94533

From: Yolo Solano Air Quality Management District

1947 Galileo Court, Suite 103

Davis, CA 95616

Project Title: Revision of Rule 2.22 – GASOLINE DISPENSING FACILITES

Project Location: Yolo Solano Air Quality Management District

Project Description The District is proposing to amend Rule 2.22 – GASOLINE 

DISPENSING FACILITES. The District is proposing to exempt specified 

non-retail facilities with captive fleets from Phase II requirements; 

exempt E85 fueling facilities from Phase II requirements, exempt 

aboveground tanks that meet specific requirements from Enhanced 

Vapor Recovery requirements, and perform general rule clean-up.

Name of Public Agency Approving Project: Yolo Solano Air Quality Management District

Name of Person or Agency Carrying Out Project: Yolo Solano Air Quality Management District

Exempt Status:

□ Ministerial

□ Emergency Project

■ Categorical Exemption (CEQA Guidelines Section 15308, Action by Regulatory 

Agency for Protection of the Environment)

□ Statutory Exemption

Reason why project is exempt: The revision of Rule 2.22 is an action taken to maintain and 

protect the environment and is therefore exempt from CEQA 

because it constitutes a Class 8 categorical exemption pursuant 

to CEQA Guidelines 15308.

Lead Agency Contact Person Mat Ehrhardt, Air Pollution Control Officer

Telephone Number (530) 757-3650

Signature: Date: Title:
Notice of Exemption

To: □ Office of Planning and Research

1400 Tenth Street, Room 121

Sacramento, CA 95814

□ County Clerk

County of Yolo

625 Court Street, Room 105

Woodland, CA 95695

■ County Clerk

Solano County

600 Texas Street

Fairfield, CA 94533

From: Yolo Solano Air Quality Management District

1947 Galileo Court, Suite 103

Davis, CA 95616

Project Title: Revision of Rule 2.22 – GASOLINE DISPENSING FACILITES

Project Location: Yolo Solano Air Quality Management District

Project Description The District is proposing to amend Rule 2.22 – GASOLINE 

DISPENSING FACILITES. The District is proposing to exempt specified 

non-retail facilities with captive fleets from Phase II requirements; 

exempt E85 fueling facilities from Phase II requirements, exempt 

aboveground tanks that meet specific requirements from Enhanced 

Vapor Recovery requirements, and perform general rule clean-up.

Name of Public Agency Approving Project: Yolo Solano Air Quality Management District

Name of Person or Agency Carrying Out Project: Yolo Solano Air Quality Management District

Exempt Status:

□ Ministerial

□ Emergency Project

■ Categorical Exemption (CEQA Guidelines Section 15308, Action by Regulatory 

Agency for Protection of the Environment)

□ Statutory Exemption

Reason why project is exempt: The revision of Rule 2.22 is an action taken to maintain and 

protect the environment and is therefore exempt from CEQA 

because it constitutes a Class 8 categorical exemption pursuant 

to CEQA Guidelines 15308.

Lead Agency Contact Person Mat Ehrhardt, Air Pollution Control Officer

Telephone Number (530) 757-3650

Signature: Date: Title:
ATTACHMENT C

RESOLUTION NO. 15-01
RESOLUTION NO. 15-01

RESOLUTION AMENDING YOLO-SOLANO AIR QUALITY MANAGEMENT 

DISTRICT RULE 2.22

WHEREAS, California Health and Safety Code section 40702 provides that an air 

quality management district shall adopt rules and regulations as may be necessary or proper to 

execute the powers and duties granted to, and imposed upon, the district by Division 26 of the 

Health and Safety Code; and

WHEREAS, Health and Safety Code section 40727 provides that before adopting, 

amending, or repealing a rule or regulation, a district board shall make findings of necessity, 

authority, clarity, consistency, nonduplication, and reference, based upon information developed 

pursuant to section 40727.2, information in the rulemaking record maintained pursuant to section 

40728, and relevant information presented at the public hearing required by section 40725; and

WHEREAS, section 15308 of the CEQA Guidelines provides that actions taken by 

regulatory agencies as authorized by state law to assure the maintenance, restoration, or 

enhancement of the environment where the regulatory process involves procedures for protection 

of the environment, are categorically exempt from CEQA review (Class 8 Categorical 

Exemption); and

WHEREAS, the purpose of amending Rule 2.22, Gasoline Dispensing Facilities is to 

exempt certain aboveground storage tanks at non-retail gasoline dispensing facilities from future 

requirements, exempt non-retail facilities with captive fleets from Phase II requirements, exempt 

E85 fueling facilities from Phase II requirements, and remove requirements that are either no 

longer applicable or no longer necessary.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the YoloSolano Air Quality Management District hereby finds, authorizes, directs and declares as 

follows:

1. The Board of Directors has considered and hereby adopts by reference the staff 

report prepared in this matter.

2. The Board of Directors makes the following findings pursuant to Health and 

Safety Code section 40727:

1) Necessity: Information in the District=s rulemaking record maintained pursuant to 

Health and Safety Code section 40728 demonstrates a need for amending District

Rule 2.22;

2) Authority: Health and Safety Code section 40702 permits the District to amend 

District Rule 2.22; 

3) Clarity: District Rule 2.22 as amended is written so that its meaning can be easily 

understood by the persons directly affected by it;

4) Consistency: District Rule 2.22 as amended is in harmony with, and not in 

conflict with or contradictory to, existing statutes, court decisions, or state or 
federal regulations;

5) Nonduplication: District Rule 2.22 as amended does not impose the same 

requirements as an existing state or federal regulation;

6) Reference: By adopting District Rule 2.22, the District meets the requirements of 

Health & Safety Code Sections 40702.

3. The Board of Directors finds that the District has complied with the procedural 

requirements set forth in Chapters 6 and 6.5 of Part 3 of Division 26 of the Health 

and Safety Code.

4. The Board of Directors finds that amending District Rule 2.22 is an action taken 

by a regulatory agency as authorized by state law to assure the maintenance, 

restoration, or enhancement of the environment where the regulatory process 

involves procedures for protection of the environment, and is therefore 

categorically exempt from CEQA review as a Class 8 Categorical Exemption.

5. The Board of Directors hereby amends District Rule 2.22, Gasoline Dispensing 

Facilities, as set forth in Exhibit 1 (Attachment A of the Staff Report), which is 

attached and incorporated by reference. The amendment is effective January 14, 

2015.

PASSED AND ADOPTED by the Board of Directors of the Yolo-Solano Air Quality 

Management District this 14th day of January, 2015, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Dilenna Harris, Chair

Board of Directors

Yolo-Solano Air Quality Management District

Attest: Approved as to Form:

Denise Almaguer, Clerk

Board of Directors

Hope Welton, District Counsel
ATTACHMENT D

COMMENTS RECEIVED
STATE OF CALIFORNIA

ENVIRONMENTAL PROTECTION AGENCY

AIR RESOURCES BOARD

P. O. Box 2815

Sacramento, California 95812

October 15, 2013

ARB Staff Rule Review Results

To: Mathew Baldwin, 

Associate Engineer

Yolo Solano Air Quality Management District

Telephone Number: (530) 757-3679

e-mail: phensleigh@ysaqmd.org

From: Alex Krichevsky, (916) 324-6222

e-mail: akrichev@arb.ca.gov

The following draft rules, which are scheduled for a public workshop to be held by your 

District staff on September 26, 2013, were received by us on September 19, 2013, for 

our review:

Rule 2.21 Organic Liquid Storage and Transfer

Rule 2.22 Gasoline Dispensing Facilities

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 and by the Monitoring and 

Laboratory Division, but not by the Stationary Source Division.

We received the rules after the ARB/CAPCOA protocol date. When we receive draft 

rules at least thirty days before workshop, our staff is afforded sufficient time to conduct 

a thorough, comprehensive review, and you will likely received our comments well 

before the workshop.

If you have any questions, please contact me by e-mail or at the telephone number 

above.
From: Law, Nicole

Sent: Tuesday, October 22, 2013 3:33 PM

To: Matthew Baldwin

Cc: Steckel, Andrew

Subject: Comments on Yolo Solano AQMD Rules 2.21 and 2.22

Attachments: Corporate Fleet ltr 28Nov2007.pdf

Hi Matt,

Thank you for the phone conversation today. I am glad we got a chance to discuss the new timeline for 

the rule revisions. As I mentioned, I reviewed the two draft rules you sent us on September 19, 2013 

and have no comments on Rule 2.21 Organic Liquid Storage and Transfer. The two comments on Rule 

2.22 Gasoline Dispensing Facilities are below.

 The exemption in section 113 exempts non-retail gasoline dispensing facilities where 90% of the 

vehicles being refueled are equipped with ORVR. Please consider revising the exemption to 

require 95% of the vehicles be equipped with ORVR, as is done in the following California 

district rules and recommended in the 2007 EPA memo, “Removal of Stage II Vapor Recovery 

from Refueling of Corporate Fleets.” Placer APCD Rule 214, Sacramento AQMD Rule 449, and 

San Diego APCD Rule 61.4.

 Section 309.6 refers to a section 309.4b, which is not in the rule. Consider revising this to the 

correct reference.

Also, attached to this email is the EPA memo. Please feel free to contact me if you have other questions. 

Thank you!

Nicole Law

Rules Office, Air Division

U.S. EPA Region 9

75 Hawthorne Street

San Francisco, 94105

Office: (415) 947-4126

Fax: (415) 947-3579
From: Shears, James

Sent: Thursday, September 04, 2014 2:52 PM

To: Matthew Baldwin

Subject: FW: Yolo-Solano Rule 2.22

From: Steckel, Andrew 

Sent: Thursday, September 04, 2014 2:46 PM

To: mehrhard@ysaqmd.org; Sutkus, Carol@ARB

Cc: Shears, James; Drake, Kerry; Law, Nicole

Subject: Yolo-Solano Rule 2.22

United States Environmental 

Protection Agency

Region IX

75 Hawthorne Street

San Francisco, CA 94105-3901

September 04, 2014

Transmittal of EPA Rule Review Comments

To: Mat Ehrhard, Yolo-Solano Air Quality Management District

mehrhard@ysaqmd.org

Carol Sutkus, California Air Resources Board

csutkus@arb.ca.gov

From: Andrew Steckel, Rulemaking Office Chief

steckel.andrew@epa.gov

Re: Draft Rule 2.22, Gasoline Dispensing Facilities, draft dated 

August 22, 2014

Based on our preliminary review of the draft rule identified above, we have no comments at this time. We 

support Yolo-Solano's efforts to comply with the Air Resources Board's regulatory advisory, dated 

February 28, 2014, concerning above ground storage tanks. Please direct any questions about our 

comments to me at (415) 947-4115 or to James Shears at (213) 244-1810.

_________________
From: Lewis, Monica@ARB

Sent: Wednesday, September 10, 2014 9:52 AM

To: Matthew Baldwin

Cc: Benjamin, Michael@ARB; Sutkus, Carol@ARB

Subject: YSAQMD Rule 2.22 - ARB review

Attachments: YSAQMD Rule 2 22 ARB Staff Review 090914.docx

Good morning, Matt;

Thank you for allowing ARB the opportunity to review YSAQMD’s Rule 2.22. Our review comments are 

attached, and we fully support the proposed rule. If you have any questions, please feel free to contact 

me. Alex Krichevsky is no longer handling District rule review, which has been passed to me, my 

coworker Austin Hicks (Austin.Hicks@arb.ca.gov), and our supervisor Carol Sutkus 

(Carol.Sutkus@arb.ca.gov). Best of luck on your workshop tomorrow.

Monica

Monica C. Lewis

South Coast Air Quality Planning 

Air Quality Planning & Science Division

Air Resources Board

1001 I Street, P.O. Box 2815

Sacramento, CA 95812

916.324.2716 │Monica.Lewis@arb.ca.gov

From: Benjamin, Michael@ARB 

Sent: Tuesday, September 09, 2014 5:06 PM

To: Lewis, Monica@ARB

Cc: Sutkus, Carol@ARB; Lew, George@ARB

Subject: RE: Review request for YSAQMD Rule 2.22 

Monica,

Our comments are attached. Please forward to the District.

Thanks,

Michael

Dr. Michael T. Benjamin, Chief

Monitoring and Laboratory Division

California Air Resources Board

mbenjami@arb.ca.gov

Office: (916) 323-2915

Cell: (916) 201-8968

From: Matthew Baldwin [mailto:mbaldwin@ysaqmd.org] 

Sent: Wednesday, August 27, 2014 3:39 PM

To: Krichevsky, Alex@ARB

Subject: RE: ARB Review of YSAQMD Rules 2:21 and 2:22
Alex

Based on the proposed amendments to the certification procedure for 

aboveground gasoline storage tanks (CP-206), the District has made changes to 

Proposed Rule 2.22 – Gasoline Dispensing Facilities. Because of these changes, 

we decided to make changes to the previously proposed rule and re-workshop 

it.

Please find attached a copy of the proposed rule and staff report and workshop 

notice. We plan to workshop the rule on September 11.

If you have any questions, feel free to call me at (530) 757-3679.

Thanks,

Matt Baldwin

Associate Engineer

Yolo-Solano AQMD

(530) 757-3679
Air Resources Board

Monitoring and Laboratory Division

Engineering and Certification Branch

Vapor Recovery Certification Section

ARB Staff Comments on Yolo-Solano AQMD Proposed Rule 2.22

INTRODUCTORY PARAGRAPH

Yolo-Solano Air Quality Management District (YSAQMD) is proposing to amend Rule 

2.22, relating to vapor recovery controls on gasoline storage tanks. The Air Resources 

Board (ARB) supports YSAQMD’s proposed rule, which is largely consistent with 

proposed regulations that ARB staff intends to present to the Board for consideration in 

November 2014. The proposed YSAQMD rule and ARB’s proposed rule would both 

essentially codify the provisions set forth in the Aboveground Storage Tank (AST) 

Enhanced Vapor Recovery (EVR) Regulatory Advisory issued by ARB February 28, 

2014. This advisory was developed in collaboration with local air districts throughout 

the state, including significant involvement from YSAQMD staff.

COMMENTS

ARB staff fully supports the proposed rule. We greatly appreciate YSAQMD’s 

willingness to delay taking action on previously proposed vapor recovery rules until ARB 

and local air districts had developed a cohesive statewide approach to AST EVR 

implementation. The proposed rule would improve cost effectiveness of AST EVR, 

provide clarity for regulated businesses, and preserve the most necessary air quality 

benefits of AST EVR.

While ARB would support adoption of the proposed rule as is, staff respectfully submits 

the following comments for YSAQMD’s consideration:

 Section 116: Exemption - Phase II EVR

This section, when read in conjunction with section 305.1, appears to allow for the 

continued use of pre-EVR Phase II on all ASTs indefinitely. ARB staff anticipates that a 

Phase II EVR system for ASTs will be certified in late 2014. New ASTs installed after 

the certification of a Phase II EVR system would be required to install a Phase II EVR 

system, so ARB staff suggests that the proposed YSAQMD rule could be amended to 

reflect that. 
 Section 112 and 113: Exemption for E85 and Onboard Refueling Vapor 

Recovery

ARB staff fully supports the proposed exemption for onboard refueling vapor recovery 

(ORVR) fleet fueling facilities, including E85 facilities. These exemptions will reduce 

operating costs for facility owners with no increase in emissions. ARB staff has 

proposed standards and specifications for Enhanced Conventional (ECO) Nozzles and 

low permeation hoses that would further reduce emissions from these facilities. ECO 

Nozzle standards will be presented to the Board for consideration in November 2014. 

With the likelihood of ECO Nozzle regulations passing in November, YSAQMD could 

consider revising their proposed language to require the use of ECO Nozzles and low 

permeation hoses at these exempted E85 and ORVR fleet facilities within four years of 

the date these components are certified by ARB. 

 Staff Report: Section VI

In the “Regulatory Findings” portion of the Staff Report, under the “Necessity” findings 

(Page 8), it is stated that the proposed rule would:

“Provide an exemption from implementation of Phase I and Phase II EVR for 

non-retail GDFs, and prevent unnecessary permitting and control costs for 

sources, potential sources, and the District.”

ARB staff did not find anywhere in the proposed rule that would specifically provide an 

exemption for all non-retail facilities, so we request clarification of this statement. ARB 

would not support an exemption for all non-retail fueling facilities, and we do not believe 

that such an exemption is currently included within the proposed rule. 

 Other Comments

In reviewing the rule, ARB staff offers the following comments to improve clarity and 

to update certain provisions.

1. Section 115.2 - This section exempts ASTs with a throughput of 60,000 

gallons or less. For clarity, the sentence should read “....has a Permit to 

Operate with an annual throughput limit of 60,000 gallons or less, or is ...” 

2. Section 214, Enhanced Vapor Recovery Definition - The reference to CP-206 

should be “...sections 3 through 10” rather than sections 3 through 11.” 

Section 11 contains no performance standards.

3. Section 304.7 – This section requires that all spill containers must have a 

drain valve. ARB vapor recovery regulations require no drain valves for all 

vapor spill containers. Product spill container manufacturers have requested 

and are granted certification for spill containers without drain valves to avoid 

gasoline and ethanol phase separation caused by water. ARB staff is not 
recommending that this section be amended but wanted the district to be 

aware that ARB is certifying spill containers without drain valves.

4. Section 305.5 – This section requires owners/operators to check the system 

in the event of “drive off” (hose separate from dispenser or hose separate 

from nozzle). Please note that CARB EOs include ARB Approved 

Installation, Operation, and Maintenance (IOM) Manual for the Assist (Healy) 

and Balance systems contain procedures for checking the hanging hardware

after a drive off. If the component fails the check, the component must be 

replaced. ARB staff recommends that this section include a reference to 

CARB Executive Order, as applicable. 

5. Section 306 (Self Compliance Program), Section 307 (Daily Maintenance 

Inspection Program), and Section 308 (Periodic Inspection Protocol). ARB 

staff recommends that these sections include a reference to “CARB Executive 

Order, as applicable.” CARB EVR Executive Orders include compliance 

procedures and contain a list of daily and periodic inspection procedures for 

each certified system. 

6. Section 601, Static Pressure Decay – ARB staff recommends amending this 

section to include a reference to “TP-206.3, Determination of Static Pressure 

Performance of Vapor Recovery Systems at Gasoline Dispensing Facilities 

with Aboveground Storage Tanks and CARB Executive Order, as applicable.” 

TP-206.3 applies to ASTs and lists ullages that are representative of ASTs. 

The reason for referencing CARB Executive Order is that the certified Assist 

and Balance Phase II systems include items that are necessary to conduct a 

static pressure decay test. 

7. Section 602, Dynamic Backpressure - ARB staff recommends amending this 

section to include a reference to “CARB Executive Order, as applicable.” The 

EVR Executive Orders specify which one of the six TP-201.4 methodologies 

to employ and also include special instructions for conducting TP-201.4. 

8. Section 603, Air to Liquid Ratio – ARB staff recommending amending this 

section to include a reference to CARB Executive Order, which list specific 

equipment to conduct this test for EVR systems. 

9. Section 604, Liquid Removal Rate, ARB staff recommends deleting reference 

to TP-201.6 and adding TP-201.6C, Compliance Determination of Liquid 

Removal Rate and CARB Executive Order, as applicable. The reason is that 

TP-201.6 is used for certification testing and does not include a simplified 

approach for determining compliance with the liquid removal rate.