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SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO STATIONARY 

STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS), AND RULE 4622 (GASOLINE 

TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

BEFORE THE GOVERNING BOARD OF THE 

SAN JOAQUIN VALLEY UNIFIED 

AIR POLLUriON CONTROL DISTRICT 

IN THE MATTER OF: PROPOSED 

AMENDMENTS TO RULES 4621 

(GASOLINE TRANSFER INTO 

STATIONARY STORAGE CONTAINERS, 

DELIVERY VESSELS, AND BULK 

PLANTS), AND RULE 4622 (GASOLINE 

TRANSFER INTO MOTOR VEHICLE FUEL 

TANKS) 

) RESOLUTION NO. _1..._3=-1"'-'2=-..._12'---

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9 WHEREAS, the San Joaquin Valley Unified Air Pollution Control District (District) is a 

10 duly constituted unified air pollution control district, as provided in California Health and 

11 Safety Code (CH&SC) Sections(§) 40150 et seq. and 40600 et seq.; and 

12 WHEREAS, said district is authorized by CH&SC §40702 to rnake and enforce all 

13 necessary and proper orders, rules, and regulations to accomplish the purpose of 

14 Division 26 of the CH&SC; and 

15 WHEREAS, the United States Environmental Protection Agency (EPA) and California 

16 Air Resources Board (ARB) provided guidance to remove the requirement of Phase II 

17 gasoline vapor recovery systems for E85 fuel (85% ethanol and 15% gasoline) 

18 dispensing facilities; and 

19 WHEREAS, ARB does not certify aviation gasoline bulk loading operations; and 

20 WHEREAS, staff investigated and found that reducing the frequency of the Dynamic 

21 Back-Pressure Test from once every twelve months to once every five years, would 

22 result in reducing emissions inherent with the test procedure due to the invasive nature 

23 of the test; and 

24 WHEREAS, proposed rule amendments clarify existing rule requirements by adding 

25 definitions and removing outdated and redundant language; and 

26 WHEREAS, a public hearing for the adoption of proposed amendments to Rule 4621 

27 (Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk 

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1990 E. Gettysburg Ave. -1- Resolution for Proposed 

Amendments to Rules 4621 & 4622 Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO STATIONARY 

STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS), AND RULE 4622 (GASOLINE 

TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

1 Plants}, and Rule 4622 (Gasoline Transfer into Motor Vehicle Fuel Tanks) was duly 

2 noticed for December 19, 2013, in accordance with CH&SC §40725. 

3 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 

4 1. The Governing Board hereby adopts the proposed amendments to Rule 4621 

5 (Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk 

6 Plants}, and Rule 4622 (Gasoline Transfer into Motor Vehicle Fuel Tanks). Said rules 

7 shall become effective December 19, 2013. 

8 2. The Governing Board hereby finds, based on the evidence and information 

9 presented at the hearing upon which its decision is based, all notices required to be 

10 given by law have been duly given in accordance with CH&SC §40725, and the 

11 Governing Board has allowed public testimony in accordance with CH&SC §40726. 

12 3. In connection with said rulemaking, the Governing Board makes the following 

13 findings as required by CH&SC §40727: 

14 a. NECESSITY. The Governing Board finds, based on the staff report, public 

15 and industry testimony, and the record for this rulemaking proceeding, that a need 

16 exists for said rules amendments. Proposed amendments would clarify existing rules 

17 requirements thereby making them easily understood by those persons or industries 

18 directly affected by said rules. 

19 b. AUTHORITY. The Governing Board finds that it has the legal authority for 

20 said rulemaking under CH&SC §40000 and 40001. 

21 c. CLARITY. The Governing Board finds that said rules are written or 

22 displayed so that the meaning can be easily understood by those persons or industries 

23 directly affected by said rules. 

24 d. CONSISTENCY. The Governing Board finds that said rules are in harmony 

25 with, and not in conflict with or contradictory to, existing statutes, court decisions, or 

26 state or federal regulations. 

27 e. NONDUPLICATION. The Governing Board finds that said rules do not 

28 impose the same requirements as any existing state or federal regulation. 

1990 E. Gettysburg Ave. -2- Resolution for Proposed 

Amendments to Rules 4621 & 4622 Fresno, CA 93726 

(559) 230-6000 
SJVUAPCD 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO STATIONARY 

STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS), AND RULE 4622 (GASOLINE 

TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

1 f. REFERENCE. The Governing Board finds that said rulemaking implements 

2 federal CAA §172(c)(1) and CH&SC §40920. 

3 4. The Governing Board hereby finds that the requirements of CH&SC §40728.5 

4 and 40920.6 are not applicable to this proposed rulemaking. 

5 5. The Governing Board hereby finds that said rulemaking will have no possible 

6 significant adverse effect on the environment; the proposed actions do not constitute a 

7 project under the provisions of the California Environmental Quality Act (CEQA) under 

8 the provisions of the State CEQA Guidelines §15061 (b)(3), therefore no CEQA 

9 analysis is required. 

10 6. The Executive Director/Air Pollution Control Officer is directed to file with all 

11 appropriate agencies certified copies of this resolution and the rules adopted herein 

12 and is directed to maintain a record of this rulemaking proceeding in accordance with 

13 CH&SC §40728. 

14 8. The Executive Director/Air Pollution Control Officer is directed to transmit said 

15 rules to the California Air Resources Board for incorporation into the State 

16 Implementation Plan. 

17 9. The Governing Board authorizes the Executive Director/Air Pollution Control 

18 Officer to include in the submittal or subsequent documentation any technical 

19 corrections, clarifications, or additions that may be needed to secure EPA approval, 

20 provided such changes do not alter the substantive requirements of the approved rules. 

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1990 E. Gettysburg Ave. -3- Resolution for Proposed 

Amendments to Rules 4621 & 4622 Fresno, CA 93726 

(659)230-6000 
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1990 E. Gettysburg Ave. 

Fresno, CA 93726 

(559) 230-6000 

SJVUAPCD Governing Board 

ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO STATIONARY 

STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS), AND RULE 4622 (GASOLINE 

TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

THE FOREGOING was passed and adopted by the following vote of the 

Governing Board of the San Joaquin Valley Unified Air Pollution Control District this 

19th day of December 2013, to wit: 

ATTEST: 

AYES: Baines, Barba, Bomprezzi, Brazil, Case, 

Couch, Elliott, Hanson, O'Brien, Walsh, 

Wheeler, Worthley, Barwick 

NOES:N one 

ABSENT: Sherriffs 

--· -------- SAN JOAQ.l:Jit'fVALLEY UNIFIED 

AIR PeJC~UTION CONTROL Dl ICT 

Skip Barwick, Chair 

Governing Board 

:~ Board 

M1chelle Franco 

-4- Resolution for Proposed 

Amendments to Rules 4621 & 4622