AIR POLLUTION CONTROL DISTRICT

COUNTY OF SAN DIEGO

PROPOSED AMENDED RULE S 61.4.1

–TRANSFER OF GASOLINE FROM

STATIONARY UNDERGROUND STORAGE TANKS INTO VEHICLE

FUEL TANKS AND 61.4

- TRANSFER OF VOLATILE ORGANIC COMPOUNDS

INTO VEHICLE FUEL TANKS



### WORKSHOP REPORT

A workshop notice was mailed to all compa nies and government agencies in San Diego County that may be subject to proposed amended Rule s 61.4

–Transfer of Volatile Organic Compounds into

Vehicle Fuel Tanks and 61.4.1

–Transfer of Gasoline from Stationary Underground Storage Tanks into

Vehicle Fu

el Tanks. Notices were also mailed to all Economic Development Corporations and Chambers of Commerce in San Diego County, the U.S. Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and other interested parties.

The worksho p was held on October 18 , 200 7

, and was attended by 2 1 people. The comments and

Air Pollution Control District (District) responses are provided below:

PROPOSED AMENDED RUL E 61.4.1

1. WORKSHOP COMMENT:

The p roposed amendment in Subsection (b)(5) allo ws non

- retail gasoline dispensing facilities (GDFs) to be exempt from installing Enhanced Vapor R ecovery System

s (EVR) Phase II if at least 95% of vehicles refueled at the facility are equipped with On

- board Refueling Vapor Recovery ( also called 95% ORVR p enetration)

. Will the District send out individual letters to those facilities that are eligible for this exemption ?

DISTRICT RESPONSE:

No. If amended Rule 61.4.1 is a dopted by the Air Pollution Control Board ( expected to be scheduled

for early 2008 )

, the District will issue a Compliance Advisory to inform all owners and operators of

non

- retail GDFs of the new

exemption for eligible facilities (those with 95% ORVR penetration)

. Owners/ operators s

hould evaluate their vehicle fleets refueled at each o f their non

- retail GDF s to determine potential eligibility for the exemption. An owner/operator of non

- retail GDF meeting the 95% ORVR penetration may

submit an application for a modification of the ir Permit to Operate that GDF to

reflect the exemption

fr om EVR Phase II

.Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 2

- 2. WORKSHOP COMMENT:

What form should be used when submitting an application for a permit modification requesting an exemption from installing EVR Phase II? When should the application be submitted?

DISTRICT RESPONSE:

The General Pe

rmit/Registration Application Form (Form 116) should be used to request the exemption. These forms are available on the District’s website at www.sdapcd.org/permits/APPS/AppsTOC.html

. T he app lication form may be submitted after the amended rule adoption by the Air Pollution Control Board

.

3. WORKSHOP COMMENT:

The proposed exemption for ORVR

- equipped vehicles specifies that records be maintained . What

information should be included in thes e records and how often should the records be updated?

DISTRICT RESPONSE:

Each facility for which an EVR Phase II exemption is claimed must maintain records o f the make, model year, vehicle identification number

, and any other information indicating whe ther each vehicle that refuels at that facility

, on or after the date the application for the exemption is submitted to the District

, is equipped with ORVR. T

he Vehicle Emission Control Information label attached to the vehicle’s hood or engine compartmen

t contains the “Evaporation (Evap) Family” code which specifies whether the vehicle is equipped with ORVR , as illustrated in an attachment to this Workshop Report and on the

District’s website at www.sdapcd.org/comply/vapor/PDFforms/Id

- ORVR

- Vehicles.pdf )

. The records should accurately reflect the current population of vehicles being refueled at the non

- re t a il GDF for which the Phase II EVR exemption is claimed

, and should be updated as new vehicles are purchased or otherwise added to the fleet refueling at the GDF, or as vehicles are removed from the fleet

.

4. WORKSHOP COMMENT:

Does the proposed exemption apply to multiple stations under single ownership or to each individu al

station?

DISTRICT RESPONSE:

An exemption will apply to an individual station. Please see the District Response to the next comment.

5

. WORKSHOP COMMENT:

How should a facility calculate the 95% ORVR penetration?Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 3

- DISTRICT RESPONSE:

Only light

- duty vehicles, medium

- duty vehicles, and heavy

- duty vehicles with a Gross Vehicle Weight Rating (GVWR) less than 10,000 pounds are considered in the calculation of percent ORVR penetration

at a non

- retail GDF . M otorcycles, off

- road vehicles, and vehicles with a GVWR of 10,000 pounds or more

are excluded.

Please note that a

n exemption from Phase II EVR will apply to an individual non

- retail GDF for which the ORVR penetration will be equal or greater than 95%

. Therefore , only vehicles that will refuel a t that particular GDF

— on or after the date the application for the exemption is submitted to the District

—

are included in the calculation of ORVR penetration for that facility

.

T he percent ORVR penetration for an individual GDF is calculated by divi ding the number of ORVR

equipped vehicles that refuel at this GDF by the total number of vehicles that refuel there

, and multiplying the resulting value by 100. For example, if a total of 50 vehicles refuel at a given GDF , of

which 48 have ORVR, then the percent ORVR penetration for that GDF is : (48/50) x 100 = 96%.

If the resulting value is not a whole number, then the value is rounded using the conventional rounding

method . For example, 94.5% round s up to 95%, whereas 94.4% rounds down to 94%.

6

. W ORKSHOP COMMENT:

If a calculated percent of ORVR penetration is 94.6%, would it be permissible to round up to 95%?

DISTRICT RESPONSE:

Yes. Please see th

e District Response to Comment 5

.

7

. WORKSHOP COMMENT:

The proposed exemption in Subsection (b) (5) applies to non

- retail GDFs with at least 95% of vehicles refueled equipped with ORVR. Should vehicles heavier than 10,000 lbs, motorcycles or off

- road

vehicles be excluded from the total vehicle count?

DISTRICT RESPONSE:

Yes. Please see the Dist

rict Response to Comm ent 5

.

8

. WORKSHOP COMMENT:

What is the current percentage of vehicle s in the region that are equipped with ORVR?Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 4

- DISTRICT RESPONSE:

Federal ORVR requirements on new vehicles were phased in by vehicle class and model year

. Conse quently, the percent of ORVR penetration varies by vehicle class and model year, as follows:

Vehicle Class (Gross Vehicle Weight Rating) Non

- ORVR

Vehicles 40% ORVR

Penetration 80% ORVR

Penetration 100% ORVR

Penetratio

n

YEAR OF MANUFACTUR E

Light Duty A utos = 1997 1998 1999 = 2000

Light Duty Trucks and Medium Duty Vehicles (< 5750 lbs) = 2000 2001 2002 = 2003

Medium Duty Vehicles (5751

- 8500 lbs) = 2003 2004 2005 = 2006

Heavy Duty (<10,000 lbs) = 2003 2004 2005 = 2006

9

. WORKSHOP COMMENT:

If a company’s fleet vehicle is physically located away at its headquarters and is not going to be refueled

at the company’s local

non

- retail gas station

, should the vehicle be included i n the total vehicle fleet

count for that local gas station ? If that veh

icle is owned by the company’s local office, alt hough the vehicle is physically located away at the company’s headquarters, must the local office transfer vehicle ownership to its headquarters in order to exclude that vehicle from the total vehicle fleet c

ount for the local gas station

?

DISTRICT RESPONSE:

If a fleet vehicle is not going to be refueled at the company’s local non

- retail GDF being considered for an exemption

, it should not be included in the total vehicle fleet count for that GDF

. However, r ecords should be maintained to verify that the vehicle is not being refueled at that GDF

. Further, a

transfer of

vehicle ownership is not required.

10

. WORKSHOP COMMENT:

If some fleet vehicles do not have ORVR, can the se vehicles be refueled elsewhere

, and thus not be

included in the total vehicle fleet count for a particular non

- retail GDF ?Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 5

- DISTRICT RESPONSE:

Yes. Please see District Responses to Comments 3 and 4.

1 1

. WORKSHOP COMMENT:

Subsection (b)(5) requires that if a facility has at least 95% ORVR

- equipped vehicle penetration and is claiming the exemption, the previously installed Phase II vapor recovery system must be removed. Is the removal of the Phase II system mandatory ?

DISTRICT RESPONSE:

Yes. The Phase II system must be removed if a non

- retail GDF is granted an exemption from EVR

Phase II requirements

. L

eaving the Phase II system in place without inspecting and testing it

, as would be required by Rule 61. 4 or 61.4 .1

, may result in excess VOC emissions.

1 2

. WORKSHOP COMMENT:

Is claiming the exemption specified in Subsection (b)(5) mandatory?

DISTRICT RESPONSE:

No . I t is not mandatory for a facility to apply for th is exemption. However, facilities that are not specifically exempt from Rule 61.4.1 will be required to install the EVR Phase II system by A pril 1,

2009 and maintain it thereafter.

1 3

. W O R KSHOP

COMMENT:

Per Subsection (b)(5), a fleet has been calculated to have less than 95% ORVR penetration . I n a few

years
, it is expected that the fleet will have at least a 9 5% ORVR penetration. W ill the EVR Phase II system be required to be removed in the future ?

DISTRICT RESPONSE:

Although proposed amended Rule 61.4.1 does not require removal of the EVR Phase II unless an exemption from that system is claimed, it is expe cted that by 2020

, most all vehicles will be equipped

with ORVR

. Consequently, at that point

, no EVR Phase II system will be need ed, and therefore it is likely that the state Air resources Board will require that all EVR Phase II systems be removed at som e point in the future

. Any such requirement would be reflected in future rule amendments subject to the rule amendment pr

ocess, including public review and comment.Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 6

- 1 4

. WORKSHOP COMMENT:

Will the removal of the Phase II vapor recovery system trigger fu ll compliance testing of the Phase I system?

DISTRICT RESPONSE:

No. Only a static pressure leak test will be required to check the integrity of the Phase I system

.

1 5

. WORKSHOP COMMENT:

How will the District verify that the vehicles are in fact equi pped with ORVR ?

DISTRICT RESPONSE:

The District will verify

that the Vehicle Identification Number ( VIN ) and the vehicle emission control

information (indicating that the vehicle is ORVR

- equipped) match for each vehicle refueled at a given

non

- retail GD F

. The District may also conduct unannounced inspections to verify the accuracy of the records being kept.

16. WORKSHOP COMMENT:

If the label with vehicle emission control information wears off, what will be used to verify that a vehicle

has ORVR?

DIS TRICT RESPONSE:

Should the ORVR identification label wear off, the previously supplied VIN number and other specific

vehicle information

— including a visual inspection under the vehicle hood, if necessary

— will be used to verify that a vehicle is equipp ed with ORVR.

1 7

. WORKSHOP COMMENT:

What is the time schedule for presenting the rules to the Air Pollution Control Board? Does the District expect any problems with approving the proposed rule ?

DISTRICT RESPONSE:

The District intends to submit the p roposed rule to the Air Pollution Control Board in early 2008. The

District does not presently anticipate any problems with rule approval

.Workshop Report

Proposed amended Rules 61.4 and 61.4.1

- 7

- 1 8

. EPA COMMENT:

The p roposed amendments to Rule 61.4 are in agreement with the EPA Guidance, “Removal of Stage II Vapor R

ecovery in situ

ations where widespread use of Onboard Refueling Vapor R ecovery is

demonstrated”

, issued on December 1 2 , 2006. EPA would support the amendments if the District

demonstrates that they would not interfere with the attainment of the National Ambient Air Quality

Standards , R

easonable F urther P rogress , conformity and other federal requirements.

DISTRICT RESPONSE:

The District will provide EPA all the required documentation as necessary to demonstrate amended

Rule 61.4 will comply w

ith federal requirements.

1 9

. C ARB COMMENT:

CARB had no comments at this time.

PROPOSED AMENDED RULE 61.4

There were no separate comments addressing proposed amended Rule 61.4. Rule 61.4 is federally mandated and requires affected facilities to i nstall and maintain a Phase II vapor recovery system. Rule 61.4.1 implements the State’s more stringent EVR requirements . Proposed exemptions from both Phase II vapor recovery and EVR Phase II are the same. Therefore, all District responses to the comments for Rule 61.4.1 also apply to Rule 61.4.

RJS:RR: NY:AD:jlm

11/28 /07