UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA’s Final Rulemaking

for the

California State Implementation Plan

Northern Sierra Air Quality Management District, Rule 215

Phase II Vapor Recovery System Requirements

Prepared by: David Grounds

Reviewed by: Andrew Steckel

November 12, 2010
RULE IDENTIFICATION

AGENCY: Northern Sierra Air Quality Management District 

(NSAQMD)

PREVIOUSLY SUBMITTED RULE: NSAQMD Rule 215, Phase II Vapor Recovery 

Amended - March 26, 2007 

Submitted – March 7, 2008

SUBJECT OF THIS TSD: NSAQMD Rule 215, Phase II Vapor Recovery 

Amended - February 22, 2010

Submitted - July 20, 2010

RULE SUMMARY – NSAQMD Rule 215, Phase II Vapor Recovery Requirements, is 

designed to limit emissions of volatile organic compounds (VOC) from the transfer of 

gasoline into motor vehicle fuel tanks, generally by requiring Phase II vapor recovery 

equipment as described in “Technical Guidance – Stage II Vapor Recovery Systems for 

Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities” (EPA 450/3-91-

022, 11/91). NSAQMD regulates western Nevada County, part of which is nonattainment for the 8-hour ozone National Ambient Air Quality Standards (NAAQS) (see 

40 CFR 81.305). NSAQMD designed Rule 215 partly to address the requirements for 

ozone non-attainment areas to implement phase II vapor recovery requirements as 

described in Clean Air Act (CAA) section 182(b)(3).

Rule 215 generally includes:

Sections describing applicability, definitions, standards, testing, and 

recordkeeping.

Different requirements for ozone attainment and non-attainment areas.

EPA EVALUATION CRITERIA –The following criteria were used to evaluate the newly 

submitted Rule 215:

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 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 450/3-91-22 November 1991), 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. 

EPA EVALUATION –The SIP submittal generally contains sufficient testing and 

recordkeeping requirements to satisfy enforcement requirements. The stringency of 

requirements in submitted Rule 215 is also generally consistent with relevant guidance 

and analogous rules in other areas that help define RACT.

The previously submitted rule was reviewed but not used as a comparison to the 

current submitted rule. Since no previous version of these requirements is already in the 

SIP, approval of this version only improves the SIP and does not relax the SIP in violation 

of CAA section 110(l) or 193.

RULE DEFICIENCIES – We have identified no deficiencies with Rule 215 sufficient for EPA 

to propose less than full approval.

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.

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).

We recommend requiring phase II vapor recovery in all areas subject to 

NSAQMD jurisdiction, to further reduce emissions that may help the 

nonattainment area, and for greater fairness and consistency throughout the 

District and the State.

EPA ACTION – Rule 215 largely fulfills the relevant CAA §110 and part D requirements. 

EPA staff recommends full approval of Rule 215 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES –

1. NSAQMD Rule 215, Phase II Vapor Recovery System Requirements, submitted 

July 20, 2010.

2. NSAQMD Staff Report, December 2009.

3. NSAQMD Rule 215, Phase II Vapor Recovery System Requirements, submitted 

March 7, 2008.

4. NSAQMD Staff Report, February 21, 2007.

5. Antelope Valley AQMD, Regulation IV, “Gasoline Transfer and Dispensing.”