BOARD MEETING DATE: January 9, 2004
AGENDA NO. 22

Amend Rule 461 – Gasoline Transfer and Dispensing

SYNOPSIS:

The proposed amendments to Rule 461 – Gasoline Transfer and Dispensing will allow more time for the submittal of test reports and will clarify other test related requirements. The proposed amendments are administrative in nature and will not affect emissions or add any other regulatory requirements.

COMMITTEE:

Stationary Source, October 24, 2003, Reviewed

RECOMMENDED ACTION:

Adopt the attached Resolution:

1. Certifying the CEQA Notice of Exemption for Proposed Amended Rule 461 – Gasoline Transfer and Dispensing.
    
2. 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 3,400 retail GDFs and 1,900 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 facility’s 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 required to send in final reports within 48 hours of test completion. This 48-hour requirement for reporting was difficult to achieve in practice. Instead, two separate test reports were substituted. PASS/FAIL results are first made within 48 hours. This is followed later by a detailed, final test report. This reporting allows testers the time necessary to ensure the quality of the reports while providing AQMD Compliance staff with an early indication of testing problems.

Also, review of Rule 461 since it was last amended uncovered a few typographical errors and the need to clarify two reporting references in the Rule.

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. A public consultation meeting was held on November 13, 2003, at AQMD headquarters.

Proposal

The proposed amendments to Rule 461 will allow GDFs more time to get in their test reports and revise the rule to reflect current reporting practices. The original requirement was to submit final test results within 48 hours of the completion of tests. The proposed amendments allow 72 hours for submittal of PASS/FAIL results and 14 calendar days for submittal of final (detailed) results. The PASS/FAIL report summarizes the results by type of test performed for the station as a whole. The final test report provides key testing information, like the calibration date of testing equipment, and full detailed test results for each piece of GDF equipment.

This proposal has been discussed with representatives of GDF owner/operators and testing contractors. They report that the new timeline for report submittal is adequate and will provide them with sufficient time to assure the quality and accuracy of their testing and test reports.

In addition to these changes, another reporting-related section was clarified. Specifically, the information needed in test report submittals was expanded to include necessary GDF basic information. Finally, a number of typographical errors were corrected in the amended rule.

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.

California Environmental Quality Act (CEQA)

AQMD staff has reviewed the proposed project pursuant to state CEQA Guidelines §15002(k)(1). The substantive components of the proposed amendments involve allowing more time to submit the PASS/FAIL results and final report of the compliance tests, correcting errors in spelling, and clarifying certain rule language without changing the requirements. The changes are administrative in nature and do not have an effect on emissions or emission standards and, therefore, because it can be determined with certainty that there is no possibility that the activity in question will have a significant effect on the environment, the project is exempt from the requirements of CEQA, pursuant to state CEQA Guidelines §15061(b)(3).

A Notice of Exemption will be prepared in accordance with state CEQA Guidelines §15062 for the proposed project and will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino Counties immediately following the adoption of the proposed amendments to the rule.

Socioeconomic Analysis

The proposed amendments are administrative in nature and no significant socioeconomic impact is expected as a result. The proposal would allow GDFs more time to complete existing reporting requirements.

Analysis of Related Federal and District Regulations Pursuant to California Health and Safety Code Section 40727.2

The proposed amendments to Rule 461 do not impose a new emission limit or standard; make an existing emission limit or standard more stringent; or impose new or more stringent monitoring, reporting, or recordkeeping requirements. Thus, the District finds that the proposed amended Rule falls within one or more of the categories set forth in the provisions of Health and Safety Code Section 40727.2 (g).

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. Existing AQMD staff can be used to determine compliance with various rules without additional resources.

Attachments

1. Rule Amendment Summary
2. Rule Development Process
3. Key Contacts
4. Comments and Responses
5. Resolution
6. CEQA Notice of Exemption
7. Proposed Rule Language

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