GOVERNING BOARD

Skip Barwick, Chair

Councilmember, City of Tulare 

Hub Walsh, Vice Chair

Supervisor, Merced County

Oliver L. Baines III

Councilmember, City of Fresno

Tony Barba

Supervisor, Kings County

Sally J. Bomprezzi

Councilmember, City of Madera

Dennis Brazil

Mayor, City of Gustine

Judith G. Case

Supervisor, Fresno County 

David Couch

Supervisor, Kern County

Bob Elliott

Supervisor, San Joaquin County

Harold Hanson

Councilmember, City of Bakersfield

William O’Brien

Supervisor, Stanislaus County

Alexander C. Sherriffs, M.D.

Appointed by Governor

Tom Wheeler

Supervisor, Madera County

J. Steven Worthley

Supervisor, Tulare County

Seyed Sadredin

Executive Director

Air Pollution Control Officer

Northern Region Office

4800 Enterprise Way 

Modesto, CA 95356-8718

(209) 557-6400 • FAX (209) 557-6475

Central Region Office

1990 East Gettysburg Avenue

Fresno, CA 93726-0244

(559) 230-6000 • FAX (559) 230-6061

Southern Region Office

34946 Flyover Court

Bakersfield, CA 93308-9725

(661) 392-5500 • FAX (661) 392-5585

www.valleyair.org

DATE: December 19, 2013

TO: SJVUAPCD Governing Board

FROM: Seyed Sadredin, Executive Director/APCO

Project Coordinator: Dave Warner

RE: ITEM NUMBER 8: ADOPT PROPOSED 

AMENDMENTS TO RULE 4621 (GASOLINE 

TRANSFER INTO STATIONARY STORAGE 

CONTAINERS, DELIVERY VESSELS, AND BULK 

PLANTS) AND RULE 4622 (GASOLINE TRANSFER 

INTO MOTOR VEHICLE FUEL TANKS)

RECOMMENDATIONS: 

1. Adopt Proposed Amendments to Rule 4621 (Gasoline Transfer 

into Stationary Storage Containers, Delivery Vessels, and Bulk 

Plants) and Rule 4622 (Gasoline Transfer into Motor Vehicle 

Fuel Tanks).

2. Authorize the Chair to sign the attached Resolution.

BACKGROUND: 

The San Joaquin Valley Unified Air Pollution Control District (District) 

routinely reviews its rules, regulations and administrative policies to 

ensure effectiveness and improve efficiency. Towards that end, 

today’s recommendations are intended to eliminate redundant, 

obsolete and unnecessary regulatory requirements from District Rules 

4621 and 4622. 

DISCUSSION: 

The rules associated with today’s recommendations are designed to 

control the emissions of volatile organic compounds (VOCs) that are 

created during the distribution of gasoline to and from gasoline storage 

containers. 
SJVUAPCD Governing Board 

ITEM NUMBER 8: ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO 

STATIONARY STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS) AND RULE 4622 

(GASOLINE TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

2

Rule 4621 is associated with bulk gasoline storage containers, such as those that 

dispense gasoline into tanker trucks that subsequently deliver the gasoline to service 

stations. The rule requires control of gasoline vapors that are created during the filling of 

stationary storage containers, known as “Phase I vapor recovery”, and during the filling of 

the delivery tankers. 

Rule 4622 requires control of emissions that are created during the dispensing of gasoline 

from storage tanks into the tanks of motor vehicles, known as “Phase II vapor recovery”. 

The proposed amendments do not change existing emissions limitations or result in 

detrimental impacts on air quality. The following is a summary of proposed 

amendments to District Rules 4621 and 4622. 

Rule 4621 

District Rule 4621 applies to gasoline storage containers located at bulk plants with 

capacities greater than 250 gallons and less than 19,800 gallons; to other stationary 

gasoline storage containers with capacities greater than 250 gallons; to those gasoline 

storage containers that are not subject to the control requirements of District Rule 4623 

(Storage of Organic Liquids); and to gasoline delivery vessels. 

Currently, Rule 4621 requires a California Air Resources Board (ARB) certified vapor 

recovery system for aviation gasoline bulk loading operations; however, ARB does not 

certify such operations. Therefore, Rule 4621 will be amended to remove ARB 

certification requirements for these operations. Instead of ARB certifications, these 

operations would be required to be equipped with a vapor recovery system that would 

meet a minimum volumetric control of 90% as required by ARB’s Certification 

Procedure (CP-202) for Vapor Recovery Systems of Bulk Plants (March 17, 1999). The 

proposed amendments would incorporate these testing requirements, and eliminate the 

ARB certification requirement. No change in emissions or emissions control will result 

from this change. 

Rule 4622 

District Rule 4622 applies to any gasoline storage and dispensing operation or mobile 

fueler from which gasoline is transferred into motor vehicle fuel tanks, except certain 

exemptions identified in Section 4.0 of the rule. 

The proposed amendments to Rule 4622 would incorporate an exemption from requiring 

Phase II vapor recovery systems for E85 (85% ethanol and 15% gasoline) fuel 

dispensing facilities. Flexible Fuel Vehicles (FFVs) that use E85 fuel are equipped with 

an Onboard Refueling Vapor Recovery (ORVR) system. As ORVR essentially performs 

the same function as a Phase II vapor recovery system and each system is required to 

achieve a minimum vapor control efficiency of 95%, Phase II vapor recovery systems 

are redundant and unnecessary when fueling ORVR-equipped vehicles. Therefore, the 

removal of Phase II vapor recovery system for E85 fuel dispensing operation would not 
SJVUAPCD Governing Board 

ITEM NUMBER 8: ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO 

STATIONARY STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS) AND RULE 4622 

(GASOLINE TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

3

result in relaxing current rule requirements and would not result in an increase in 

emissions. 

The federal Environmental Protection Agency (EPA) has issued a memorandum to the 

states that supports this type of rule change, and has commented in support of our 

specific proposed rule amendments, as well. ARB has separately supported these 

types of rule changes. The rule changes proposed for Board consideration today 

incorporate the necessary language to allow businesses to avoid the unnecessary cost 

of installing ineffectual Phase II vapor recovery for dedicated E85 dispensing systems. 

In addition, ARB’s Executive Orders for certified Phase II vapor recovery systems 

currently include requirements for alarm responses for In-Station Diagnostics (ISD) 

systems and for the installation of liquid condensate traps. These requirements are 

proposed to be included in Rule 4622 in order to help regulated sources better 

understand the applicable requirements. 

Finally, additional proposed amendments to Rule 4622 would reduce the frequency of the 

Dynamic Back-Pressure Test from once every twelve months to once every five years. 

Due to the invasive nature of the test in which the vapor space of the system is opened, 

reducing the test frequency will reduce emissions that result from opening the vapor 

space. This proposed amendment would not result in an increase in emissions, as 

vapor recovery systems are initially tested to ensure they are constructed correctly, and 

very few fail - of the approximately 1,500 tests performed annually, less than one (1) 

failure occurs per year, on average. The five year test frequency is consistent with 

EPA’s guidance on minimum test frequencies.

Regulatory Analyses 

This rule-amending project incorporates existing state and federal standards, clarifies 

existing requirements and updates the frequency of dynamic backpressure testing. The 

proposed amendments do not result in new or more stringent regulatory controls 

beyond those already enforced and do not negatively affect air quality or relax existing 

emission limitations. 

A. Emission Reduction & Cost Effectiveness Analysis 

Emissions will be reduced as a result of the proposed amendment of reducing the 

frequency of the Dynamic Back-Pressure Test. However, the emission reductions will 

not be quantified for the purpose of this rule amendment project and will therefore not 

be quantified or claimed in the State Implementation Plan (SIP). Additionally, there are 

no costs associated with the proposed amendments to District Rules 4621 and 4622. 
SJVUAPCD Governing Board 

ITEM NUMBER 8: ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO 

STATIONARY STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS) AND RULE 4622 

(GASOLINE TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

4

B. Socioeconomic Analysis 

Pursuant to CH&SC § 40728.5 (a), “Whenever a district intends to propose the 

adoption, amendment, or repeal of a rule or regulation that will significantly affect air 

quality or emissions limitations, that agency shall, to the extend data are available, 

perform an assessment of the socioeconomic impacts of the adoption, amendment, or 

repeal of that rule or regulation. This section does not apply to the adoption, 

amendment, or repeal of any rule or regulation that results in any less restrictive 

emissions limits if the action does not interfere with the district’s adopted plan to attain 

ambient air quality standards, or does not result in any significant increase in 

emissions.” Proposed amendments do not significantly affect air quality or strengthen 

emission limitations beyond those already enforced, nor does it result in a significant 

increase in emissions; therefore, no socioeconomic analysis is required. 

C. Rule Consistency Analysis 

Pursuant to CH&SC § 40727.2, District staff has prepared a rule consistency analysis 

that compares the elements of proposed amendments with the corresponding elements 

of other District rules, federal regulations and guidelines that apply to the same source 

category or type of equipment. District staff found that the proposed amendments and 

requirements of these rules would not conflict with federal rules, regulations, or policies 

covering similar stationary sources. The rule consistency analysis is presented as an 

appendix to the final draft staff report. 

D. Environmental Impact Analysis 

Pursuant to §15061 of the Guidelines for Implementation of the California Environmental 

Quality Act (CEQA), District staff investigated the possible environmental impacts of the 

proposed amendments to District Rules 4621 and 4622. Based on the lack of evidence 

to the contrary, District staff has concluded that the proposed amendments to these 

rules will not have any significant adverse effects on the environment. Staff 

recommends filing a Notice of Exemption under the provisions of Public Resource Code 

15061(b)(3). 

Rule Development Process 

The District held two stakeholder meetings on August 28, 2013 and a public workshop 

on October 10, 2013 to present, discuss, and hear comments on draft rule 

amendments. No public comments were received during the meetings or during the 

subsequent public comment period. 
SJVUAPCD Governing Board 

ITEM NUMBER 8: ADOPT PROPOSED AMENDMENTS TO RULE 4621 (GASOLINE TRANSFER INTO 

STATIONARY STORAGE CONTAINERS, DELIVERY VESSELS, AND BULK PLANTS) AND RULE 4622 

(GASOLINE TRANSFER INTO MOTOR VEHICLE FUEL TANKS) 

December 19, 2013 

5

On November 14, 2013, EPA submitted the following comment of support: 

“Based on the preliminary review of the revised draft rule identified 

above, we have no comments at this time. We support the District’s 

efforts to update the rules to meet EPA guidelines and to remove 

outdated rule language.”

Proposed amendments to Rule 4621 and Rule 4622, and the Final Draft Staff Report 

were made available on and after November 19, 2013 for review and public comment. 

No further comments have been received as December 6, 2013. 

FISCAL IMPACT: 

The District expects no fiscal impact to result from this action. 

Attachments: 

Attachment A: Resolution for the Proposed Amendments to Rules 4621 and 4622 (4 pages) 

Attachment B: Proposed Amendments to Rule 4621 (14 pages) 

Attachment C: Proposed Amendments to Rule 4622 (16 pages) 

Attachment D: Final Draft Staff Report with Appendices for the Proposed Amendments to Rules 

4621 & 4622 (34 pages)