South Coast Air Quality Management District
South Coast Air Quality Management District
BOARD MEETING DATE: June 15, 2001 AGENDA NO. 36
Amend Rule 461 – Gasoline Transfer and Dispensing
SYNOPSIS:
The proposed amendments to Rule 461 – Gasoline Transfer and Dispensing will allow limited testing to be conducted on weekend days (Saturday and Sunday) and correct cross-reference errors. The proposed amendments are administrative in nature and will not affect emissions or add any other regulatory requirements. No socio-economic or environmental negative impacts are expected.
COMMITTEE:
Stationary Source, February 27, 2001, Reviewed
RECOMMENDED ACTION:
Adopt the attached Resolution:
- Certifying the CEQA Notice of Exemption for Proposed Amended Rule 461 – Gasoline Transfer and Dispensing
- Amending Rule 461 – Gasoline Transfer and Dispensing.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 461 regulates gasoline vapor emissions into the atmosphere from gasoline transfer and dispensing facilities (GDFs). There are approximately 3700 retail GDFs and 1900 non-retail GDFs operating within the AQMD’s jurisdiction. As part of the compliance requirements of Rule 461, owners and/or operators of GDFs are required to demonstrate compliance with the vapor recovery requirements of Rule 461 by conducting field tests that demonstrate the proper installation and operation of Phase II vapor recovery systems.
Reverification tests are required annually or semiannually based on the facilities throughput. Facilities with throughputs equal to or greater than 100,000 gallons per month are required to conduct and successfully pass reverification tests every six months; whereas, facilities with throughputs less than 100,000 gallons per months are required to conduct and successfully pass reverification tests every 12 months.
Under the existing rule language, owners and/or operators of GDFs are not allowed to conduct reverification tests on weekend days (Saturday and Sunday). Reverification tests must be conducted any time Monday through Friday.
At the April 21, 2000 hearing on Rule 461, the AQMD Governing Board directed staff to work with GDFs to explore the option to allow limited weekend days testing. The proposed amendments to Rule 461 are the outcome of the work efforts of the Rule 461 Implementation Task Force whose membership includes AQMD staff and representatives of the gasoline transfer and dispensing industry.
Proposal
The proposed amendments to Rule 461 will allow a limited number of reverification tests to be conducted on weekend days. This option will provide additional compliance flexibility to GDFs. Under the proposed amendments, GDFs will have the option to conduct reverification tests on weekend days upon approval of the Executive Officer.
Approvals will be granted on a first-come, first-served basis. GDFs may request approval to conduct a reverification test no earlier than 30 days in advance; this will ensure that all facilities, including small GDFs, have equal access to this compliance option. Furthermore, the proposed amendments require that the weekend reverification test be conducted between the hours of 7:00 a.m. to 5:30 p.m.
The proposed amendments will also allow for facilities that failed a reverification test to conduct a retest on the weekends, provided the retest cannot be completed by Friday. A GDF conducting a retest must notify the AQMD no later than midnight of the day prior to the test. As with reverification test, retest may only be conducted between the hours of 7:00 a.m. and 5:30 p.m.
Weekend testing is an option, and GDFs that conduct weekend testing for which AQMD staff is not present may be required to repeat tests, upon request by the AQMD Executive Officer.
Furthermore, the proposed amendments correct some cross-reference errors and remove Attachment A from Rule 461. Attachment A is a summary of the California State regulation that governs "major defects." This regulation is in the process of being revised and its amendment is expected by September of this year. The revised regulation will be available on AQMD’s web site and distributed to the regulated community as part of the Rule 461 outreach efforts.
Policy Issues
No significant policy issues are expected to result from this proposal.
AQMP and Legal Mandates
This is an administrative amendment developed under Board direction to provide additional compliance flexibility. The proposed amendments to Rule 461 are not required by the AQMP or any legal mandates.
CEQA & Socioeconomic Analysis
AQMD staff has reviewed the proposed amendments pursuant to CEQA Guidelines §15002 (k)(1), the first step of a three-step process for deciding which document to prepare for a project subject to CEQA. Since it can be seen with certainty that the proposed amendments would have no potential to generate significant adverse environmental impacts, they are exempt from CEQA pursuant to state CEQA Guidelines §15061(b)(3) - Review for Exemption.
A Notice of Exemption has been prepared pursuant to state CEQA Guidelines §15062 - Notice of Exemption. The Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed amendments.
The proposed amendments are administrative in nature and no significant socioeconomic impact is expected.
Implementation Plan
No implementation plan is necessary to implement the proposed amendments to Rule 461.
Resource Impacts
No significant resource impacts are expected to result from the proposed amendments.
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