UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Direct Final Rulemaking

for the California State Implementation Plan

San Diego Air Pollution Control District , Rule 61.4

, Transfer of Volatile Organic

Compounds into Vehicle Fuel Tanks

Prepared by: Nicole Law Reviewed by: Andrew Steckel

July 2012 2



RULE IDENTIFICATION

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Agency: San Diego Air Pollution Control District ( SDAPC D)

SIP Approved Rule: Rule 61.4

– Transfer of Volatile Organic Compounds

Into Vehicle Fuel Tanks Adopted

– October 16, 1990

Submitted

– April 5, 1991 EPA Approved

- May 1 3 , 19 93 (5 8 FR 28354 )

Subject of this TSD: Rule 61.4

– Transfer of Volatile Organic Compounds

into Vehicle Fuel Tanks

Amended

– March 26, 2008

Submitted

– July 18, 2008

RULE SUMMARY

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Rule 61.4, Transfer of Volatile Organic Compounds into Vehicle Fuel Tanks, is designed to limit emissions from the transfer of gasoline into motor vehicle fuel

tanks . It also describes related source testing, recordkeeping, and test methods.

SDAPCD is currentl y designated as moderate non attainment for the 1

- hour

ozone NAAQS

. However, because SD APCD has just bee n classified on May 14, 2012 (77 FR 28424) , there are currently no RACT SIP requirements for the

district

. The rule has been amended to address an EPA memorandum allowing

states to remove vapor recovery systems if On Board Refueling Vapor Recovery (ORVR) is in widespread use.

Changes from the approved SIP rule include:

1. Lowered the applicability of the rule for stationary storage tanks with capacity from 260 gallons to 250 gallons or more in section a.1.

2. Removed the duplicative exemption for filling tanks with capacity less than 5 gallons in the for mer section a.4.ii. This same exemption is already covered in section a. Applicability.

3. Revised the exemption for land parcels with less than 2,000 gallons transferred in a month to require such sources to keep monthly records of throughput and to ret ain such records in the section a.4.ii.

4. Removed the exemptions for facilities in the desert portion of San Diego County. These were formally sections a.4.iv and a.4.v.

5. Added an exemption for non

- retail services stations where 95% of

vehicles are e quipped with On

- Board Refueling Vapor Recovery . This exemption requires the facilities to maintain records for all vehicles refuelled at the facility in section a.5. 3

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6. Added an exemption for transfer of E85 fuel into Flexible Vehicle fuel

tanks. This i s a new section a.6.

7. Removed language in section c.1 Standards regarding equipment that was installed prior to July 1, 1976.

8. Added language in section c.3.iii that requires phase II vapor recovery systems and components be installed and maintain ed in accordance with

CARB certification.

9. Section c.5 has been completely revised. The old language describing defects and repairs has been removed. In its place is a similar requirement that things not in operating order be repaired within seven days of detection.

10. Added section c.6 stating that components, devices, or systems with defects as identified in Title 17, California Code of Regulations shall not

be used.

11. Added new sections for source testing, recordkeeping, and test methods. These are found in the new sections d, e, and f.

EPA EVALUATION

- The following criteria were used to evaluate the submitted

rule.

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other
Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA § 110(a)(2)(A) requirement for enforceability.

2. RACT

- EPA’s Control Technique Guidelines (CTG) titled, “Technical

Guidance

- Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities” ( EPA 450/3

- 91

- 022), EPA’s Draft Model Rule,” Gasoline Dispensing Facility

– Stage II Vapor Recovery, (August 17, 1992), “ Gasoline Vapor Recovery

Guidelines”

, EPA Region IX (April 24, 2000 ), and other state and local rules for this category were used to help evaluate the RACT requirements of CAA §182(b)(2).

3. SIP Relaxation

- Where previous versions of rules have been SIP approved, new submittals must comply with CAA § 110(l) and § 193 regarding SIP relaxations. We have evaluated this SIP revision to

determine whether it would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other 4

 applicable requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIP

- approved control requirement in effect before November 15, 1990 (CAA 193).

The submitted rule is enforceable and does not relax the SIP

- approved version

. Rule 6 1.4 fulfills the national requirements for gasoline vapo r recovery, but w e have a few areas of concern where Rule 61.4 does not meet RACT requirements. While it is currently not required for Rule 61.4 to meet RACT, in the future, the district may need to include RACT requirements in their rule . When and if this is
the case, the district should submit their rule 61.4.1 as the requirements outlined in Rule 61.4.1 fulfill the RACT requirements. Following this section are the requirements necessary to meet RACT.

1. The rule should list or cite CCR 94006 as a reference for the vapor recovery system defects . Title 17 Defects are defined in Rule 61.4.1.

2. The rule should prohib it operation of vapor recovery equipment that has liquid leaks, vapo r leaks, fails to pass tests, or contains CCR 94006 defects that substantially impair effectiveness of vapor recovery equipment. While rule 61.4 does prohibit defects in section (c) (6), equipment with leaks are not explicitly prohibited. Rule 61.4.1, how ever, does require that Phase II vapo r recovery systems be free of li quid leaks and are liquid tight in section (d)(3)(v).

3. The rule should require that Phase II systems have a warning posted to prohibit topping

- off, which may cause spillage of gasoline

. While rule 61.4 does not requiring such warning posts, Rule 61.4.1 does require it in section (d)(3)(B)(vii)(B).

RULE DEFICIENCIES

– We have found no rule deficiencies.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

– SDAPCD Rule 61.4.1 fulfills all RACT requirements and while we have no
recommendations for the next rule revision, we do recommend Rule 61.4.1 be

submitted for inclusion in the SIP to supplement Rule 61.4

.

EPA ACTION

- The submitted Rule 61.4 strengthens the SIP and address es an EPA memorandum regarding ORVR . The rule largely fulfills the relevant CAA § 110 and part D requirements. EPA staff recommends a full approval of Rule

61.4 pursuant to CAA § 110(k)(3) and § 301(a). 5

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REFERENCES

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1. SDAPCD Rule 61.4, Transfer of Volatile Organic Compounds into Vehicle Fuel Tanks, as submitted on July 18, 2008.

2. SDAPCD Rule 61.4, Transfer of Volatile Organic Compounds into Vehicle Fuel Tanks, as approved into the SIP on May 13, 1993.

3. SDAPCD Rule 61.4.1, Transfer of Gaso line from Stationary Underground Storage Tanks into Vehicle Fuel Tanks, as amended by the district on
March 26, 2008.

4. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

5. “Guidance Documen t for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.

6. “Technical Guidance

- Stage II vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities .” (EPA

450/3

- 91

- 022a) November 1991.

7. “EPA’s Draft Model Rule, Gasoline Dispensing Facility

– Stage II Vapor Recovery,” August 17, 1992.

8. “ Gasoline Vapor Recovery Guidelines” , EPA Region IX, April 24, 2000.

9. “Removal of Stage II Vapor Recovery in Situations Where Widespr ead Use of Onboard Refueling Vapor Recovery is Demonstrated,” Memorandum from Stephen D. Page, OAQPS and Margo Tsirigotis Oge, OTAQ, to Regional Air Division Directors, December 12, 2006.