UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Sacramento Metropolitan Air Quality Management District, Rule 449, Transfer of 

Gasoline into Vehicle Fuel Tanks

Prepared by: Nicole Law

Reviewed by: Andrew Steckel

July 2012
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RULE IDENTIFICATION -

Agency: Sacramento Metropolitan Air Quality Management District

(SMAQMD)

SIP Approved Rule: Rule 449 – Transfer of Gasoline into Vehicle Fuel Tanks

Amended – September 26, 2002

Submitted – November 19, 2002

EPA Approved – March 24, 2003 (68 FR 14156)

Subject of this TSD: Rule 449 – Transfer of Gasoline into Vehicle Fuel Tanks

Amended – February 26, 2009

Submitted – April 5, 2011

RULE SUMMARY -

Rule 449, Transfer of Gasoline into Vehicle Fuel Tanks, is designed to limit emissions 

from the transfer of gasoline into motor vehicle fuel tanks. It also describes related 

certification, recordkeeping, and test methods. The rule has been amended to maintain 

consistency with state regulations for vapor recovery systems, incorporate requirements 

from rules adopted by the San Joaquin Valley Unified Air Pollution Control District 

(SJVUAPCD) and the South Coast Air Quality Management District (SCAQMD), and

address an EPA memorandum allowing states to remove vapor recovery systems at 

non-retail dispensing facilities if On Board Refueling Vapor Recovery (ORVR) is in 

widespread use. The changes from the approved SIP rule include:

1. Removed the exemption for dispensing equipment for odd fill configuration.

2. Added an exemption for the dispensing of E85 fuel.

3. Added a limited exemption for Onboard Refueling Vapor Recovery systems. In 

order to be exempt, the vehicles being refueled at the non-retail gasoline 

dispensing facilities must all be equipped with ORVR systems.

4. Added a limited exemption for replacement components that are new or CARB 

certified re-manufactured when used for replacing defective components.

5. Added the following terms in the definitions section: CARB, CARB certified,E85, 

executive order, installer/contractor, mobile fueler, onboard refueling vapor 

recovery (ORVR), owner/operator, rebuild/rebuilt, retail gasoline dispensing 

facility, summer fuel, tester, topping off, vapour recovery equipment defects

(VRED) list, and winter fuel.

6. Removed the following terms from the definitions section: existing vapor recovery 

system, intermediate fueler, and new vapor recovery system.
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7. Definitions for the following terms were revised: gasoline, gasoline dispensing 

facility, and motor vehicle.

8. Revised the Vapor Recovery Required section in Standards so that CARB 

certified equipment is required for stationary storage and mobile fuelers with 

capacity of 120 gallons or more. 

9. Revised the Vapor Recovery Required section in Standards so specific 

requirements for vapor recovery systems were separated between summer fuels 

and winter fuels.

10.Revised the Equipment Maintenance section in Standards to utilize new terms 

added to the definitions section.

11.Revised the Maintenance Inspection section in Standards to remove the effective

date, substitute existing language with a new term from the definitions section, 

and remove a requirement that the entire vapor recovery system needs to be 

shutdown and repaired if one defective component is removed.

12.Revised the Prohibition of Use section in Standards to replace language with 

new terms from the definitions section.

13.Revised the Posting of Operation Instructions section in Standards to explicitly 

state in a warning that topping off is prohibited. 

14.Added a Prohibition of Sale section to Standards to state that vapor recover 

systems and their components shall not be offered for sale or installed unless 

they are CARB certified and marked as such.

15.Added an Onboard Refueling Vapor Recovery section to Standards to clarify

requirements for owners/operators claiming exemption. Owners/operators are 

required to submit an application for Authority to Construct and Permit to Operate 

and must agree to comply with specific operating conditions.

16.The Compliance Schedule has been removed from the Administrative 

Requirements section as the dates have passed.

17.The Required Tests section was revised to replace language with new terms 

from the definitions section.

18.The sections on New or Modified Vapor Recovery Systems and Existing Vapor 

Recovery Systems have been replaced with one section on Initial Tests. It 

requires that performance tests be done within 30 days of completion of 

construction or modification of any vapor recovery systems.

19. The Testing Frequency section has been revised to reduce the testing frequency 

from every six months to annually. 
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20. A Certification section was added to the rule. This section requires vapor 

recovery systems and testers meet specific requirements such as certification by 

the International Code Council.

21. The Operation and Maintenance Manual section under Administrative

Requirements was revised to remove the applicability date and add that 

associated Installation, Operation and Maintenance Manuals need to be included 

in the manual available on site.

22.The Testing Procedure section under Monitoring and Records has been revised 

to add in updated test methods and allow use of test methods specified in CARB 

Executive Orders. Also, a specific section has been added stating violations can 

be determined by any test method.

23.The Recordkeeping section under Monitoring and Records has been revised to 

require records be kept onsite and that they be available immediately upon 

request. The section also removed a requirement for daily records of repairs. 

24.A new section for Record for ORVR Exemption was created to require non- retail 

gasoline facilities claiming exemption to record information for each vehicle that 

refuels at the facility.

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 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).
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The submitted rule is enforceable and does not relax the SIP- approved version. 

Rule 449 fulfills the national requirements for gasoline vapor recovery and meets

RACT requirements. 

RULE DEFICIENCIES – We have found no rule deficiencies. 

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION – The 

following revisions are not currently the basis for rule disapproval, but are 

recommended for the next time the rule is amended. 

 Include the full title of EPA-approved state or local test methods. This 

helps identify what specific test methods are being referenced. Please see 

San Diego Air Pollution Control District Rule 61.4 section (f).

 We recommend requiring training of at least one employee to be familiar 

with Phase II equipment inspection and maintenance. See for example, 

Antelope Valley AQMD Regulation 4, Rule 461, Section C(4)(a)(iv).

EPA ACTION - The submitted Rule 449 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 449

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

REFERENCES -

1. SMAQMD Rule 449, Transfer of Gasoline into Vehicle Fuel Tanks, as 

submitted on April 5, 2011.

2. SMAQMD Rule 449, Transfer of Gasoline into Vehicle Fuel Tanks, as 

approved into the SIP on March 24, 2003. 

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

4. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.

5. “Technical Guidance- Stage II vapor Recovery Systems for Control of 

Vehicle Refueling Emissions at Gasoline Dispensing Facilities.” (EPA450/3-91-022a) November 1991.

6. “EPA’s Draft Model Rule, Gasoline Dispensing Facility – Stage II Vapor 

Recovery,” August 17, 1992.

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

8. “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.