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
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RULE IDENTIFICATION -

Agency: San Diego Air Pollution Control District (SDAPCD)

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 13, 1993 (58 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 -

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 currently designated as moderate non attainment for the 1-hour 

ozone NAAQS. However, because SDAPCD has just been 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 former 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 retain 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 equipped 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.
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6. Added an exemption for transfer of E85 fuel into Flexible Vehicle fuel 

tanks. This is 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 maintained 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 
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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 61.4 fulfills the national requirements for gasoline vapor recovery, but we 

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 prohibit operation of vapor recovery equipment that has 

liquid leaks, vapor 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, however, 

does require that Phase II vapor recovery systems be free of liquid 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 addresses 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). 
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REFERENCES -

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 Gasoline 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 Document 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.” (EPA450/3-91-022a) 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 Widespread 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.