UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Feather River Air Quality Management District 

 

Rule 3.8 Gasoline Dispensing Facilities

Prepared by: James Shears

Reviewed by: Andrew Steckel

January 2015
2

RULE IDENTIFICATION 

Agency: Feather River Air Quality Management District 

(FRAQMD)

SIP Approved Rule: Sutter County Rule 3.08 (3.8)1 – Storage and Transfer 

of Gasoline

EPA-approved - May 3, 1982 (47 FR 18856)

Subject of this TSD: Rule 3.8 – Gasoline Dispensing Facilities

Amended – June 2, 2014

Submitted – November 6, 2014

BACKGROUND -

Volatile organic compounds (VOCs) and nitrogen oxides (NOx) in the presence of 

sunlight can lead to the formation of ground-level ozone or “smog” which can 

result in significant impacts to human health and the environment. Section 182 of 

the Clean Air Act (CAA) requires areas that are classified as moderate or above 

for ozone nonattainment to implement reasonably available control technology 

(RACT) for specific types of sources. The Feather River Air Quality Management 

District (FRAQMD) is subject to this requirement, as the southern part of Sutter 

County in the FRAQMD is designated and classified as a severe2 ozone 

nonattainment area for the 1997 and 2008 8-hour national ambient air quality 

standards (NAAQS) for ozone (40 CFR 81.305). Under CAA 182(b)(2) and (f), 

FRAQMD must, at a minimum, adopt RACT level controls for sources covered by 

a Control Techniques Guidelines (CTG) document and for any other major 

stationary source of VOCs or NOx. 

RULE SUMMARY –

FRAQMD Rule 3.8, Gasoline Dispensing Facilities, is designed to limit VOC 

emissions from displaced gasoline vapors while transferring gasoline into storage 

tanks and transport vessels in accordance with the Control Techniques Guideline 

(CTG) design criteria described in “Stage I Vapor Control Systems – Gasoline 

Service Stations” (EPA-450/R-75-102). Rule 3.8, as amended, will require 

existing above ground storage tanks (ASTs) and underground storage tanks

(USTs) with Stage 1 vapor recovery systems to perform annual leak tests. Also, 

all newly installed ASTs will be required to meet the Phase I Enhanced Vapor 

 

1 The original 1982 Sutter County Rule 3.8 was adopted in June, 1991 by the newly formed FRAQMD with 

the same rule language as in the 1982 EPA-approved version.

2 On May 5, 2010 (75 FR 24409), EPA granted the State of California’s request to reclassify the Sacramento 

Metropolitan ozone nonattainment area, which includes the southern portion of Sutter County in FRAQMD, 

from “serious” to “severe-15” for the 1997 8-hour ozone standard. A separate area of Sutter County, the 

portion of the Sutter Buttes mountain range at or above 2,000 feet in elevation, is also designated 

nonattainment for the 1997 8-hour standard, but is classified as marginal, and is therefore not subject to the 

RACT requirement.
3

Recovery (EVR) and the Standing Loss Control (SLC) requirements. Newly 

installed USTs will only need to meet the Phase I EVR requirements since SLC 

requirements aren’t applicable to USTs. 

Significant revisions of Rule 3.8 include the following. 

1. Rule 3.8 was simplified from the previous June 1991 version to contain the 

requirements for just gasoline dispensing facilities and is renamed as such. 

The unchanged standards for gasoline bulk plants, terminals, and delivery 

vessels were transferred into Rule 3.9 primarily for clarity. 

2. Section B.2 exempts storage tanks from the 90% control requirement if 

they were installed prior to June 1991 and maintain a monthly throughput 

of less than 10,000 gallons. 

3. Section B.3 exempts non-retail storage tanks from meeting the Phase I 

EVR requirements if they are already equipped with a Stage I vapor 

recovery system that meets the following requirements: achieves a 

minimum vapor recovery efficiency of 90% by weight, the storage tank is 

equipped with a pressure/vacuum valve, and the tank was installed before 

July 1, 2014.

4. Section C, Definitions, was added which includes definitions of CARB 

certified, Phase I (vapor recovery), Enhanced Vapor Recovery, a vapor 

tight specification, and several other definitions. 

5. Section D.1 requires the storage tank to have a permanent submerged fill 

pipe. 

6. Section D.2 includes the Phase I EVR system requirements for ASTs and 

USTs, SLC requirements for ASTs, vapor tight caps, seals and fittings, and 

other related requirements.

7. Sections D.5, 6 and 7 requires maintenance inspections at specified 

intervals and describes the inspection protocol.

8. Section D.8 requires source testing on new or modified dispensing facilities 

and describes the reporting process. 

9. Section E.1 includes the monitoring and recordkeeping requirements.

10. Section F.1 requires the static pressure decay tests for ASTs and USTs in 

accordance with California Air Resources Board (CARB) test procedures.

EVALUATION CRITERIA - The following criteria were used to evaluate the 

submitted rule. 
4

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. Stringency - EPA’s CTG titled, “Design Criteria for Stage I Vapor Control 

Systems Gasoline Service Stations” (EPA-450/R-75-102, November 1975), 

CARB Vapor Recovery Certification (CP-201, amended January 9, 2013),

and other state and local rules for this category were used to help evaluate 

the RACT requirements of CAA §182(b)(2). 

3. SIP Revisions – CAA §110(l) prohibits EPA from approving any SIP revision 

that would interfere with any applicable requirement concerning attainment 

and reasonable further progress (RFP) or any other applicable requirement 

of the CAA. In addition, CAA §193 prohibits the modification of any SIPapproved control requirement in effect before November 15, 1990, in a 

nonattainment area.

EPA EVALUATION – Rule 3.8 applies to both counties in FRAQMD, Yuba and all 

of Sutter County, rather than just the ozone nonattainment area of south Sutter 

County.

1. Enforceability - The rule requirements and applicability are clear, and

recordkeeping, reporting and other provisions sufficiently ensure that 

affected sources and regulators can evaluate and determine compliance 

with Rule 3.8 consistently. The rule includes requirements for maintenance 

inspections utilizing an inspection protocol at regular intervals. Static 

pressure decay tests for ASTs and USTs are required in accordance with 

CARB test procedures. 

2. Stringency - The rule is more stringent than the CTG and CARB’s 2013 CP201 Certification Procedure. The exemption for gasoline stations with a 

monthly throughput of less than 10,000 gallons complies with the CTG and 

the Bluebook. 3 The rule includes the Phase I EVR system requirements for 

ASTs and USTs for all new storage tanks installed beginning July 1, 2014. 

The rule is also as stringent as other air district rules, such as the Placer 

County Air Pollution Control District Rule 213 (February 21, 2013) and the 

Sacramento Metropolitan Air Quality Management District Rule 448 

(February 26, 2009), for this category. As a result, we propose to determine 

that this rule fulfils RACT requirements. 

 

3 The exemption allowance for storage tanks with a monthly throughput of 10,000 gallons or less is specified 

in Table 1.3(d) of the Bluebook.
5

3. SIP Revisions - We propose to determine that our approval of the submittal 

would comply with CAA §110(l) and §193 because (1) the proposed SIP 

revision would not interfere with the on-going process for ensuring that 

requirements for RFP and attainment of the NAAQS are met, nor would it 

interfere with any other applicable requirement of the CAA, and (2) the 

requirements in the submitted rule are more stringent than the existing

control requirements that they would replace in the approved SIP.

ADDITIONAL RECOMMENDATION FOR THE NEXT RULE REVISION – The 

following revision is not currently the basis for rule disapproval, but is

recommended for the next time the rule is amended.

1. In section B.1.b., we recommend the exemption for all agricultural tanks be 

revised to only exempt agricultural tanks that are less than 550 gallons in 

the nonattainment area (see Placer County APCD Rule 213, Bay Area 

AQMD Rule 8.7). 

EPA ACTION - The submitted Rule 3.8 complies with all relevant CAA 

requirements at this time. Therefore, EPA staff recommends a full approval of 

Rule 3.8 pursuant to CAA §110(k)(3).

REFERENCES -

1. Feather River Air Quality Management District (FRAQMD) Rule 3.8, 

Gasoline Dispensing Facilities, as submitted to the EPA on November 6, 

2014.

2. Sacramento Metropolitan Air Quality Management District (SMAQMD), 

Regulation 4, Rule 448, “Gasoline Transfer into Stationary Source 

Containers”, February 26, 2009.

3. Bay Area Air Quality Management District (BAAQMD), Regulation 8, Rule 

7, “Gasoline Dispensing Facilities”, November 6, 2002.

4. Placer County Air Pollution Control District (PCAPCD), Rule 213, “Gasoline 

Transfer into Stationary Storage Containers”, February 21, 2013.

5. Yolo-Solano Air Quality Management District (YSAQMD), Rule 2.22, 

“Gasoline Dispensing Facilities”, June 12, 2002.

6. EPA comment letter from A. Steckel to D. Valler, dated December 12, 

2006.

7. CTG, “Design Criteria for Stage 1 Vapor Control Systems Gasoline Service 

Stations (EPA-450/R-75-102, November 1975).

8. CARB Vapor Recovery Certification Procedure (CP-201, amended January

9, 2013).

9. The Little Bluebook, EPA Region 9, August 21, 2001.

10. The Bluebook, EPA, May 25, 1988.