UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

f or EPA’s Direct Final Rulemaking

f or the California State Implementation Plan

Northern Sierra Air Quality Management District, Rule 21 4

Phase I Vapor Recovery Requirements

Prepared by: Nicole Law Reviewed by: Andrew St e ckel

July 20122

RULE IDENTIFI CATION

A gency : 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 21 4

, Phase I Vapor Recovery Requirements

A mended

– April 25, 2011

S ubmitted

– September 27, 2011

R ULE SUMMARY

– NSAQMD Rule 21 4 , 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 21 4 partly to address the requireme nts for ozone non

attainment areas to implement phase I vapor recovery requirements as described

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

.

Rule 21 4 generally include s :

 A General section which includes purpose and applicability.

 A Definitions section wh ich 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 requireme nts, 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 h ave 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.3

EPA EVALUATION CRITERIA

– The following criteria were used to evaluate the newly submitted Rule 21 4 :

1. Enforceability

– The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations), EPA, May 25, 1988 and the Little Bluebook (Guida nce 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 wit h 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 21 4 is also generally consistent with relevant guidance and analogous rules in other areas that help define RACT.

The previously submitted rule s w ere 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 21 4 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%.4

 We recommend requiring training of at least one empl oyee to b e 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 em issions that may help the nonattainment area, and for greater fairness and consistency throughout

the District and the State.

EPA ACTION

– Rule 21 4 largely fulfills the relevant CAA § 110 and part D requirements. EPA staff recommends full approval of Rule 21 4 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

– 1. NSAQMD Rule 21 4 , Phase I Vapor Recovery Requirements, submitted July 20, 2010.

2. NSAQMD Rule 21 4 , Phase I Vapor Recovery Requirements, submitted September 27, 2011.

3. “Issues Relating to VOC Regulatio n 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 Co ntrol Systems Gasoline Service

Stations ” (EPA

- 450/ R

- 75

- 102

- 1975/11 ) November 19 75

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