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.