UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

f or EPA’s Final Rulemaking
f or 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 St e ckel

November 1 2 , 2 010RULE IDENTIFI CATION

AGENCY: Northern Sierra Air Quality Management District (NSAQMD)

PREVIOUSLY SUBMITTED RULE : NSAQMD Rule 215, Phase I I Vapor Recovery
Amended

- March 26, 2007
Submitted

– March 7, 2008

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

A mended

- February 22, 2010

S ubmitted

- July 20, 2010

R ULE SUMMARY

– NSAQMD Rule 215 , Phase II Vapor Recovery Requiremen ts, 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 Syste ms 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 non

attainment 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 include s :

S ections descr ibing 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 21 5 :

1. Enforceabil ity

– 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 h elp 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 Fa cilities ” (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), andother state and local rules for this ca tegory 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 n ot 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 exa mple, 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 a nd 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 2 15, 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 AQM D, Regulation IV, “Gasoline Transfer and Dispensing

. ”