SJVUAPCD

1 2 3 4 5 6 7 8

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'--- l) 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test; and 24 WHEREAS, proposed rule amendments clarify existing rule requirements by adding 25 definitions and removing outdated and redundant language; and 26 WHEREAS, a public hearing for the adoption of proposed amendments to Rule 4621 27 (Gasoline Transfer into Stationary Storage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 28 Ill 1990 E. Gettysburg Ave. -1- Resolution for Proposed Amendments to Rules 4621 & 4622 Fresno, CA 93726 (559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4621 (GASOLINE TRANSFER INTO STATIONARY STORAGECONTAINERS, DELIVERY VESSELS, ANDBULKPLANTS), AND RULE4622 (GASOLINE TRANSFERINTO MOTOR VEHICLEFUEL 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 accordancewith CH&SC §40725. 3 NOW, THEREFORE, BE IT RESOLVEDAS 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 MotorVehicle 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 publictestimony in accordancewith 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 directlyaffected bysaid rules. 19 b. AUTHORITY. The Governing Board finds that it has the legal authority for 20 said rulemaking underCH&SC §40000and40001. 21 c. CLARITY. The Governing Board finds that said rules are written or 22 displayed so thatthe meaning can be easily understood bythose persons or industries 23 directlyaffected bysaid rules. 24 d. CONSISTENCY. The Governing Board finds thatsaid rules are in harmony 25 with, and not in conflict with or contradictory to, existing statutes, court decisions, or 26 state orfederal regulations. 27 e. NONDUPLICATION. The Governing Board finds that said rules do not 28 imposethe same requirements asanyexisting stateorfederal regulation.

1990E. GettysburgAve. -2- Resolution forProposed Amendments toRules4621 & 4622 Fresno,CA 93726

(559) 230-6000SJVUAPCD SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4621 (GASOLINE TRANSFER INTO STATIONARY STORAGECONTAINERS, DELIVERYVESSELS, ANDBULKPLANTS), AND RULE4622 (GASOLINE TRANSFER INTO MOTOR VEHICLEFUEL TANKS) December19, 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 applicabletothis proposed rulemaking. 

### 5 5. The Governing Board hereby finds that said rulemaking will have no possible 6 significantadverse effecton the environment; the proposed actions do notconstitute a 7 project underthe provisions ofthe California Environmental QualityAct (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 ofthis 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 notalterthe substantive requirements ofthe approved rules. 21 /// 22 Ill 

### 23 /II 

### 24 Ill 

### 25 Ill 

### 26 Ill 

### 27 Ill 

### 28 Ill

1990 E. GettysburgAve. -3- Resolution forProposed Amendments to Rules4621 &4622 Fresno,CA 93726

(659)230-6000SJVUAPCD 

### 1 

### 2 3 

### 4 

### 5 6 

### 7 

### 8 9 10 

### 11 12 13 14 15 

### 16 17 18 19 20 21 

### 22 23 

### 24 

### 25 26 

### 27 28

1990E.GettysburgAve.

Fresno,CA 93726

(559) 230-6000 SJVUAPCD GoverningBoard ADOPTPROPOSEDAMENDMENTS TO RULE4621 (GASOLINE TRANSFER INTO STATIONARY STORAGECONTAINERS, DELIVERYVESSELS, ANDBULKPLANTS),ANDRULE4622 (GASOLINE TRANSFERINTO MOTOR VEHICLEFUEL 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 19thdayofDecember2013,towit:

ATTEST: AYES:

### Baines, Barba, Bomprezzi, Brazil, Case, Couch, Elliott, Hanson, O'Brien, Walsh, Wheeler, Worthley, Barwick

NOES:N 

### one

ABSENT: 

### Sherriffs



# -- ·

-------- SANJOAQ.l:Jit' fV ALLEY UNIFIED AIR

**PeJ C~**  **UTION** CONTROL Dl ICT Skip Barwick, Chair Governing Board



# :~ **Board** M1chelle Franco

-4- Resolution forProposed Amendmentsto Rules4621 & 4622