UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Northern Sierra Air Quality Management District, Rule 214

Phase I Vapor Recovery Requirements

Prepared by: Nicole Law

Reviewed by: Andrew Steckel

July 2012
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RULE IDENTIFICATION

Agency: Northern Sierra Air Quality Management 

District (NSAQMD)

SIP Approved Rule: No previous versions of NSAQMD Rule 214 

have been SIP approved

Previously Submitted Rules: NSAQMD Rule 214, Phase I Vapor Recovery 

Requirements

Amended – March 26, 2007

Submitted- March 7, 2008

Amended- February 22, 2010

Submitted- July 20, 2010

Subject of this TSD: NSAQMD Rule 214, Phase I Vapor Recovery 

Requirements

Amended – April 25, 2011

Submitted – September 27, 2011

RULE SUMMARY – NSAQMD Rule 214, Phase I Vapor Recovery 

Requirements, is designed to limit emissions of volatile organic compounds 

(VOC) from gasoline transfer operations other than vehicle fueling. NSAQMD 

regulates western Nevada County, part of which is non-attainment for the 8-hour 

ozone National Ambient Air Quality Standards (NAAQS) (see 40 CFR 81.305).

NSAQMD designed Rule 214 partly to address the requirements for ozone nonattainment areas to implement phase I vapor recovery requirements as described 

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

Rule 214 generally includes:

 A General section which includes purpose and applicability.

 A Definitions section which includes several applicable terms.

 A section covering Federal Ozone Attainment/Unclassified Areas. This 

section outlines requirements for operations located in areas which have 

not been designated as nonattainment. It describes storage tank 

requirements, exemptions, tank replacement requirements, defective 

tanks and prohibition of use, and submerged fill pipe requirements.

 A section covering Federal Ozone Non-attainment Areas. This section 

outlines requirements for operations located in areas which have been 

designated as nonattainment. It describes applicability thresholds, 

exemptions, various standards, and administrative requirements including 

testing.

 A Monitoring and Records section which describes testing procedures and 

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

newly submitted Rule 214:

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, “Design Criteria 

for Stage I Vapor Control Systems Gasoline Service Stations” (November 

1975), “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).

EPA EVALUATION –The SIP submittal generally contains sufficient testing and 

recordkeeping requirements to satisfy enforcement requirements. The stringency 

of requirements in submitted Rule 214 is also generally consistent with relevant 

guidance and analogous rules in other areas that help define RACT.

The previously submitted rules were reviewed but not used as a comparison to 

the current submitted rule. Since no previous version of this rule is 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 214

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.

 To stay consistent with CARB’s Certification Procedure for Vapor 

Recovery Systems at Gasoline Dispensing Facilities (CP 201) section 3.1, 

we recommend the district revise section 4.3C.ii and iii to increase the 

vapor recovery efficiency from 95% to 98%.
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 We recommend requiring training of at least one employee to be familiar 

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

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

 We recommend requiring phase I 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 214 largely fulfills the relevant CAA §110 and part D 

requirements. EPA staff recommends full approval of Rule 214 pursuant to CAA 

§110(k)(3) and §301(a).

REFERENCES –

1. NSAQMD Rule 214, Phase I Vapor Recovery Requirements, submitted 

July 20, 2010.

2. NSAQMD Rule 214, Phase I Vapor Recovery Requirements, submitted 

September 27, 2011.

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. “Design Criteria for Stage I Vapor Control Systems Gasoline Service 

Stations” (EPA-450/R-75-102-1975/11) November 1975.

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