September 8, 1995
South Coast Air Quality
Management District Board
INTRODUCTION
Rule 461 - Gasoline Transfer and Dispensing was originally adopted on January 9, 1976 and subsequently amended a number of times with the latest amendment on July 7, 1989. This rule requires the use of Phase I and Phase II vapor recovery systems that are certified by California Air Resources Board (CARB) to reduce 95% of the VOC emissions from both the filling of storage tanks and fueling of motor vehicles at gasoline transfer and dispensing facilities.
There are approximately 7,400 gasoline transfer and dispensing facilities (4,100 retail and 3,300 non-retail) in the AQMD. These gasoline transfer and dispensing facilities are characterized by numerous dispenser and vapor recovery configurations. CARB has issued seventy-five (75) Executive Orders, including forty-two (42) configurations for Phase I vapor recovery systems and thirty-three (33) configurations for Phase II vapor recovery systems.
Due to the tremendous number of gasoline transfer and dispensing facilities located in the AQMD, Rule 461 is one of the most significant control strategies for VOC emissions. It is imperative that Phase I and Phase II vapor recovery systems are properly constructed and operated so that the necessary control efficiency can be maintained. In order to further enhance the effectiveness of the Phase I and Phase II vapor recovery systems and therefore reduce the VOC emissions from gasoline transfer and dispensing operations, staff has incorporated new procedures and technologies into the Proposed Amended Rule 461. The proposed amendments include a self-compliance program and a number of new rule measures. A further VOC emission reduction of 3.43 tons per day is expected from these proposed amendments.
The self-compliance program includes the requirements of daily maintenance inspections conducted by facility managers and periodic compliance inspections conducted by certified auditors. Currently, self-inspection and auditing programs are in place at both major and independent oil companies. Staff intends to establish a uniform structure and parameters for these existing programs. In order to simplify the process and minimize the impacts on the owners/operators of all retail gasoline transfer and dispensing facilities, this proposed self-compliance program is primarily based on the standard practices required by most of the oil companies.
The new rule measures originated from the control measures identified in the Federal Implementation Plan (FIP) (rescinded by President Clinton on April 10, 1995), State Implementation Plan (SIP) and Air Quality Management Plan (AQMP) as well as the recommendations from the public and staff. These measures reflect the advancement of Phase I and Phase II vapor recovery technologies. Staff includes future compliance dates in the proposed amendment to provide the existing facilities with sufficient time to phase out the old equipment.
Staff has been working with the oil companies, industry associations, and other governmental agencies to address all issues and concerns regarding the self-compliance program and new rule measures. Both major and independent oil companies have participated in a self-compliance pilot program with a small number of selected facilities since July 1995. By inspecting the selected facilities and documenting where corrective measures are needed, staff will be able to identify and resolve potential problems associated with the implementation of self-compliance program and thereby enhance the effectiveness of the full-scale program.
CONCLUSIONS
The AQMD has prepared the appropriate California Environmental Quality Act (CEQA) document consisting of an Environmental Assessment (EA) that does not identify any significant adverse environmental impacts resulting from the proposed amendments. This document was prepared pursuant to the AQMD's Certified Regulatory Program (Rule 110) and State CEQA Guidelines Section 15252. The EA analyzes each environmental topic, and includes supporting information for determining that the proposed amendments would not create any significant adverse environmental impacts. The Draft EA was circulated for a 30-day public review and comment period which ended July 17, 1995. There were no public comments received on the Draft EA. The final EA is attached in this rule package.
As per the Notice of Public Hearing, written comments were accepted through August 29, 1995. All written comments received by that date were reviewed and responded to by staff in the Final Public Hearing Package for the rule amendment.
THEREFORE IT IS RECOMMENDED THAT YOUR BOARD
--Certify the Environmental Assessment for the proposed amendments to Rule 461 - Gasoline Transfer and Dispensing in accordance with the attached resolution.
--Amend Rule 461 - Gasoline Transfer and Dispensing as proposed in accordance with the attached resolution.
Respectfully,
James M. Lents, Ph.D.
Executive Officer
RESOLUTION NO. 95-
A Resolution of the Governing Board of the South Coast Air Quality Management District certifying the Final Environmental Assessment prepared for Proposed Amended Rule 461 - Gasoline Transfer and Dispensing.
A Resolution of the Governing Board of the South Coast Air Quality Management District Board amending Rule 461 - Gasoline Transfer and Dispensing.
WHEREAS, the Governing Board of the South Coast Air Quality Management District obtains its authority to adopt, amend, or repeal rules and regulations from Sections 40000, 40001, 40440, 40441, 40463, 40702, and 40725 through 40728 of the California Health and Safety Code; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District has determined that a need exists to amend Rule 461 - Gasoline Transfer and Dispensing to incorporate new procedures and technologies to enhance the effectiveness of Phase I and Phase II vapor recovery systems at gasoline transfer and dispensing facilities; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District has determined that Rule 461 - Gasoline Transfer and Dispensing, as proposed to be amended, is written or displayed so that its meaning can be easily understood by the persons directly affected by it; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District has determined that Rule 461 - Gasoline Transfer and Dispensing, as proposed to be amended, is in harmony with, and not in conflict with, or contradictory to, existing statutes, court decisions, or state or federal regulations; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District has determined that Rule 461 - Gasoline Transfer and Dispensing, as proposed to be amended, does not impose the same requirement as any existing state or federal regulation, and the proposed rule is necessary and proper to execute the powers and duties granted to, and imposed upon, the South Coast Air Quality Management District; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District in amending the regulation, references the following statutes which the District hereby implements, interprets or makes specific: Health and Safety Code Sections 40001 (rules to achieve ambient air quality standards), 40440(a) (rules to carry out the Air Quality Management Plan), and 40440(c) (cost effectiveness), and Federal Clean Air Act Section 172(c)(1) (RACT); and
WHEREAS, the Governing Board of the South Coast Air Quality Management District voting on this Resolution has reviewed and considered the staff's findings related to socioeconomic impacts of Proposed Amended Rule 461 - Gasoline Transfer and Dispensing, as set forth in the Socioeconomic Analysis included in the Final Staff Report made public with the agenda package for this meeting, and hereby finds and determines that the socioeconomic impact is as set forth in that analysis; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District voting on this Resolution has reviewed and considered the staff's findings related to cost-effectiveness of Proposed Amended Rule 461 - Gasoline Transfer and Dispensing, as set forth in the Socioeconomic Analysis included in the Final Staff Report made public with the agenda package for this meeting and hereby finds and determines that the cost-effectiveness is as set forth in that analysis; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District finds and determines that the proposed amendments to Rule 461 - Gasoline Transfer and Dispensing, are considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA); and
WHEREAS, the District has had its regulatory program certified pursuant to Public Resources Code Section 21080.5 and has conducted CEQA review pursuant to such program (Rule 110); and
WHEREAS, District staff has prepared an Environmental Assessment (EA) pursuant to its certified regulatory program (Rule 110), which did not identify any significant adverse environmental impacts and that the Draft EA was circulated to receive public comment, such that it is now a Final EA; and
WHEREAS, it is necessary that the adequacy of the Final EA be determined by the Governing Board prior to its adoption; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District voting on this Resolution has reviewed, and considered and hereby approve the Final EA; and
WHEREAS, a public hearing has been properly noticed in accordance with all provisions of Health and Safety Code, Section 40725; and
WHEREAS, the Governing Board of the South Coast Air Quality Management District has held a public hearing in accordance with all provisions of law; and
NOW, THEREFORE BE IT RESOLVED that the Governing Board of the South Coast Air Quality Management District does hereby certify the Final EA for Proposed Amended Rule 461 - Gasoline Transfer and Dispensing, completed in compliance with California Environmental Quality Act provisions and the South Coast AQMD's Certified Regulatory Program, and the Draft EA was circulated for a 30 day public comment period and no comments received, and that the Final EA has been presented to the District Governing Board, whose members reviewed, considered, and approved the information therein prior to acting on Proposed Amended Rule 461 - Gasoline Transfer and Dispensing.
BE IT FURTHER RESOLVED, that the Governing Board of the South Coast Air Quality Management District does hereby amend, pursuant to the authority granted by law, Rule 461 - Gasoline Transfer and Dispensing, as set forth in the attached, and incorporated herein by this reference.
Attachments
DATE: _______________________________
CLERK OF THE DISTRICT BOARD
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
______________________________________________________________________________
Final Staff Report for Proposed Amendments to Rule 461 - Gasoline Transfer and Dispensing
August 1995
Deputy Executive Officer
Stationary Source Compliance
Patricia Leyden, A.I.C.P.
Assistant Deputy Executive Officer
Stationary Source Compliance
William J. Fray
Senior Manager
Stationary Source Compliance
Larry Bowen, P.E.
______________________________________________________________________________
Authors: Michael Krause Air Quality Engineer I
Randy Matsuyama Air Quality Engineer I
Maria Vibal Air Quality Inspector II
Reviewed By: Denice Brue Senior Deputy District Counsel
Allen Mednick Senior Deputy District Prosecutor
Brian L. Yeh, P.E. Air Quality Analysis and Compliance Supervisor
Technical Assistance: Lou Roberto Supervising Air Quality Inspector
Tran Vo, P.E. Senior Air Quality Engineer
ATTACHMENT A
SUMMARY OF PROPOSED AMENDMENTS
Rule 461 - Gasoline Transfer and Dispensing
Self-Compliance Program:
Amendment Description
Self-Inspections Owner/operator of retail gasoline transfer and dispensing
facilities shall implement a self-compliance program
consisting of the following inspections by July 1,1996:
Daily maintenance inspection
Periodic compliance inspection
Training and Any person conducting a daily maintenance inspection or
Certification periodic compliance inspection shall complete an
AQMD-approved training program and obtain a certificate, if
required.
Inspection Detailed protocols for the daily maintenance inspection and
Protocols periodic compliance inspection are specified in attachment C
& D.
New Rule Measures:
Amendment Description
Include Mobile Vapor recovery systems are required for truck/trailer with
Fuelers mounted tanks that fuel gasoline motor vehicles.
Installing Phase Any time an underground stationary storage tank installed or
I Certified CARB replace at any gasoline transfer and dispensing facility, a
Spill Box "CARB certified" spill box shall be installed. The spill
box shall be equipped with an integral vapor-tight drain
valve to return spilled gasoline to the underground
stationary storage tank.
Installing A person shall not install or permit the installation of any
Certified Phase I Phase I vapor recovery system of the coaxial design at any
Systems gasoline transfer and dispensing facility unless such system
was certified by CARB after January 1, 1994. A person shall
not install or permit the installation a Phase I vapor
recovery system of the dual-point design at any gasoline
transfer and dispensing facility unless such system
incorporates "CARB certified" poppetted drybreaks or
spring-loaded vapor check valves on the vapor return
coupler.
Phase II A person shall not install or permit the installation of any
Certified balance-system bellows equipped nozzle at any gasoline
Interlock transfer and dispensing facility unless the nozzle is
Mechanism equipped with a "CARB certified" insertion interlock
Required mechanism.
Phase II Vapor A person shall not install or permit installation of any
Check Valve balance system nozzle at a new or altered gasoline transfer
Required and dispensing facility unless a vapor check valve is
located in the nozzle. Effective January 1, 1997, a person
shall not operate or permit the operation of any
balance-system nozzle unless the vapor check valve is
located in the nozzle.
Phase II Coaxial A person shall not install or permit the installation of any
Hose Required nozzle at a new or altered gasoline transfer and dispensing
facility unless the nozzle is equipped with a coaxial hose.
Effective January 1, 1998, a person shall not operate any
gasoline-dispensing nozzle unless the nozzle is equipped
with a coaxial hose.
Required Diameter The nominal inside diameter of the connection between the
of Riser/ riser and dispenser cabinet shall not be less than 0.75
Dispenser inches. If flexible tubing is used for this connection, the
Connection material shall be listed for use with gasoline and shall be
capable of maintaining electrical continuity between the
riser and dispenser.
ATTACHMENT A (continued)
SUMMARY OF PROPOSED AMENDMENTS
Rule 461 - Gasoline Transfer and Dispensing
Amendment Description
Require All liquid removal devices required by CARB Executive Orders
Liquid-Removal shall be maintained to achieve a minimum liquid removal rate
Devices in Hoses of five milliliters per gallon transferred. This standard
shall apply at dispensing rates exceeding five gallons per
minute, unless a higher removal rate is specified by the
Executive Order.
Pressure-Vacuum A person shall not install or permit the installation of any
Relief Valve vent pipes on gasoline storage tanks at gasoline dispensing
Required on Vent facilities without a "CARB certified" pressure-vacuum relief
Pipe valve. Effective January 1, 1997, all open vent pipes on
gasoline storage tanks shall be equipped with a "CARB
certified" pressure-vacuum relief valve.
Pre-Backfilling Owner/operator of a new or altered gasoline transfer and
Inspection dispensing facility shall have all underground storage tank
installation and associated piping configuration inspected
prior to any backfilling to verify that all underground
equipment is properly installed in accordance with the
requirements specified in the applicable CARB Executive
Order. AQMD shall be notified by telephone at least 24
hours prior to the backfilling
Post-Construction Owner/operator of a new or altered gasoline transfer and
Inspection dispensing facility shall have all phase I and phase II
vapor recovery systems inspected upon completion of the
construction to verify that all components were installed in
accordance with the description specified in the Permit to
Construct and in compliance with all AQMD requirements.
AQMD shall be notified in writing of any changes to the
information and specifications submitted with the
application under which the Permit to Construct was issued.
Testing Within 30 days of operation, the following tests shall be
Requirements conducted to verify performance of Phase I and Phase II
vapor recovery systems:
Phase I: leak decay test
Phase II: leak decay, back pressure, air to liquid ratio,
or liquid removal rate (whichever is applicable)
In addition, reverification tests shall be conducted in
accordance with the following schedule:
Leak Decay - annually for vacuum assisted and every five
years for balance systems. Backpressure - every five years.
A/L (for bootless nozzle) - every five years
Recordkeeping The owner/operator is required to keep records of all
Requirements inspections and repairs, test results and throughput. All
records, except test results, shall be maintained for a
period of two years. Records of test results shall be
maintained for a period of five years.
Testing Methods All appropriate CARB test methods are referenced in this
subdivision.
ATTACHMENT B
RULE DEVELOPMENT PROCESS
RULE 461 - Gasoline Transfer and Dispensing
First Request For Public Input
February, 1995
Initial Rule Development, Identification of Alternatives and Initial Environmental Socioeconomic Assessment
March, 1995
Input from Other Agencies and Oil Industry
March-May, 1995
1 Public Workshop: June 1, 1995
4 Rule Reiterations
8055 Notices Mailed
Date Set for Hearing: August 11, 1995
Date of Hearing: September 8, 1995
Total Time Spent in Rule Development
Pre-Board Hearing: 7 months
ATTACHMENT C
KEY CONTACTS LIST
RULE 461 - Gasoline Transfer and Dispensing
INDUSTRY ORGANIZATIONS
Western States Petroleum Association (WSPA)
Automotive Trade Organizations of California (AUTO)
California Service Station and Automotive Repair Association (CSSARA)
National Association of Convenience Stores
California Independent Oil Marketing Association (CIOMA)
Petroleum Equipment Contractors of California
Society of Independent Gasoline Marketeers of America (SIGMA)
Petroleum Equipment Institute (PEI)
COMPANIES
Major Oil Companies ARCO
Chevron
Mobil Oil
Shell Oil
Texaco
Ultramar
UNOCAL
Independent Oil Companies G & M Oil
Thrifty Oil
United Oil
USA Petroleum
Winall Company
World Oil Company
GOVERNMENT AGENCIES
Environmental Protection Agency, Region IX
California Air Resources Board
Board of Equalization, State of California, Sacramento
Bay Area Air Quality Management District
San Diego Air Pollution Control District
Ventura County Air Pollution Control District
Los Angeles County, Department of Weights and Measures
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
GOVERNING BOARD
Chairman: JON D. MIKELS
Supervisor, Second District
San Bernardino County Representative
Vice Chairman: WILLIAM A. BURKE, Ed.D.
Speaker of the Assembly Appointee
MEMBERS:
MICHAEL D. ANTONOVICH
Supervisor, Fifth District
Los Angeles County Representative
MARVIN BRAUDE
Councilmember, City of Los Angeles
Cities Representative, Los Angeles County/Western Region
CANDACE HAGGARD
Mayor Pro Tem, City of San Clemente
Cities Representative, County of Orange
HUGH HEWITT
Governor's Appointee
MEE HAE LEE
Senate Rules Committee Appointee
RONALD O. LOVERIDGE
Mayor, City of Riverside
Cities Representative, Riverside County
LEONARD PAULITZ
Councilmember, City of Montclair
Cities Representative, San Bernardino County
JIM SILVA
Supervisor, Second District
Orange County Representative
NELL SOTO
Councilmember, City of Pomona
Cities Representative, Los Angeles County/Eastern Region
S. ROY WILSON, Ed.D.
Supervisor, Fourth District
Riverside County Representative
EXECUTIVE OFFICER
JAMES M. LENTS, Ph.D.