




                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION




                          Technical Support Document 
                                      for
                              EPA's Rulemaking
                                    for the
                       Arizona State Implementation Plan
                                       
                  Pinal County Air Quality Control District  
Chapter 5, Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities



                              
                         Prepared by: Rebecca Newhouse
                                       

                                 January 2021





RULE IDENTIFICATION  -  
Agency
Pinal County Air Quality Control District (PCAQCD)

SIP Approved Rule
Chapter 5, Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities 
    5-20-100 "General" 
    5-20-200 "Definitions" 
    5-20-300 "Standards" 
    5-20-400 "Administrative Requirements"
    5-20-500 "Monitoring and Records" 
Adopted  -  November 30, 2016
Submitted  -  February 3, 2017
EPA limited approval/limited disapproval -- August 9, 2019
Subject of this TSD
Chapter 5, Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities 
    5-20-100 "General" 
    5-20-200 "Definitions" 
    5-20-300 "Standards" 
    5-20-400 "Administrative Requirements"
    5-20-500 "Monitoring and Records" 
Amended - August 5, 2020
Submitted  -  August 20, 2020

Completeness Finding
Determination of Completeness letter: September 14, 2020


BACKGROUND  -  

Pinal County Air Quality Control District regulates a portion of the Phoenix-Mesa ozone nonattainment area that was initially classified as Marginal nonattainment for the 2008 8-hr national ambient air quality standard (NAAQS), but was subsequently reclassified as a Moderate ozone nonattainment area. For ozone nonattainment areas classified as moderate or above, the Clean Air Act (CAA) requires the State to submit State Implementation Plan (SIP) provisions to require implementation of reasonably available control technology (RACT) (see sections 182(b)(2) and 182(f)). 

The District adopted its RACT SIP demonstration for the 2008 ozone NAAQS on November 30, 2016, and the Arizona Department of Environmental Quality (ADEQ) submitted PCAQCD's 2016 RACT SIP demonstration to the EPA on February 3, 2017. PCAQCD's submittal also included Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities, adopted on November 30, 2016, to support its RACT SIP analysis. 

On March 11, 2019, EPA provided a comment letter to the PCAQCD listing the approvability issues with the 2016 RACT SIP, including Chapter 5, Article 20 ("the rule" or "Article 20"), and included a number of other rule recommendations. Specifically, the comment letter identified the following two deficiencies in Article 20 that precluded full approval of the rule: 1) in section 100.3.f, an overly broad exemption from verifying that the gasoline cargo tank has a valid Maricopa County Pressure Test vapor tightness certification decal ("vapor tightness decal") and from verifying specified work practices requirements if the station is unattended or there is only one owner or operator present; and 2) in 300.1.e, the lack of a specific prohibition against the loading or unloading of any cargo tank that does not have a current vapor tightness decal. 

Because the rule strengthened the SIP and was largely consistent with relevant CAA requirements, but contained the aforementioned deficiencies that conflict with section 110 and part D of the Act, the EPA issued a simultaneous limited approval/limited disapproval with respect to Article 20, Storage and Loading of Gasoline at Gasoline Dispensing Facilities (August 9, 2019 (84 FR 39196)). The limited disapproval triggered a sanctions clock under CAA section 179 and 40 CFR 52.31 that will be stopped if the EPA approves subsequent SIP revisions that correct the rule deficiencies within 18 months of the effective date of the final action on the rule, or issues an interim final determination. 

PCAQCD submitted revised Article 20 (amended on August 5, 2020) on August 20, 2020, to address deficiencies in their February 2017 submittal and stop the sanctions clock triggered by the EPA's limited disapproval of the rule.

RULE SUMMARY  -   

Article 20 limits volatile organic compounds (VOC) emissions from the storage and loading of gasoline storage tanks at gasoline dispensing facilities (GDFs) (transfers into stationary storage tanks at GDFs are referred to as "Stage 1 transfers"). The rule also contains related work-practice, recordkeeping, reporting, and inspection requirements related to the storage and transfer of gasoline at GDFs.  
 
The rule's provisions include partial exemptions for the storage and loading of diesel, liquefied petroleum gas, bulk gasoline plants, bulk gasoline terminals, and stationary gasoline dispensing tanks for farm operations. 

Changes from the version of Article 20 currently in the SIP rule include:

 Deleting the exemption from vapor control requirements for loading gasoline at airports. 
                                          
 Deleting section 100.3.f, and associated language in the rule, which exempted owners and operators from verifying that the gasoline cargo tanks have a valid vapor tightness decal and from verifying specified work practice requirements if the station is unattended or there is only one owner or operator present.

 Adding definitions for bulk gasoline plant, bulk gasoline terminal, and spill containment receptacle.

 Revising the definition of "submerged fill" to specify any discharge pipe or nozzle that meets the applicable specifications in 40 CFR 63.11117, requiring submerged fill pipes installed on or before November 9, 2006, be no more than 12 inches from the bottom of the tank and submerged fill pipes installed after November 9, 2006, be no more than six inches from the bottom of the tank, but allows for submerged fill pipes of greater distances from the tank bottom if the owner or operator can demonstrate that the liquid level in the tank is always above the entire opening of the fill pipe, as specified.

 Clarifying the definition of "vapor tight" to specify the type of detectors that must be used to determine "vapor tight" status.

 Clarifying that all vapor recovery systems, or system components including piping, that are supplied, sold, or installed in the district must meet the manufacturer's specification as certified by CARB, and that all vapor loss control equipment be CARB-certified.

 Requiring the GDF owner or operator to install and maintain a permanent submerged fill pipe and to maintain the stationary gasoline storage tank in a leak-free, vapor-tight condition, as specified. 

 Clarifying that the rule requirements for underground storage tanks apply to underground storage tanks with a capacity greater than 250 gallons.

 Requiring that the underground storage tank spill containment receptacle be free of cracks and dust.

 Requiring that the GDF owner or operator discontinue gasoline loading if liquid leaks, vapor leaks, or significant odors are observed, and requires the owner or operator immediately stop using the system or components if tank vent pipes are not capped or the proper height, as specified, if vent pipes do not meet the specified requirements, or if the vapor recovery system is not properly installed or maintained, as specified in the rule. 

 Prohibiting a gasoline cargo tank owner or operator from loading gasoline if the gauge pressure is greater than 18 inches of water, or the vacuum exceeds 6 inches of water, in the cargo tank.

 In section 300.4.d, prohibiting the owner or operator of the GDF or cargo tank from allowing the loading of gasoline from cargo tanks into stationary gasoline storage tanks unless the cargo tank displays a valid Maricopa County Vapor Tightness decal, as specified.

 Specifying, for purposes of determining vapor tight status, that potential vapor leaks may be identified through sight, sound, or smell as an initial screen. The rule requires that any identified potential vapor leaks be confirmed through either Method 21's alternative screening procedures, as specified, or through optical gas imaging, and requires that if these methods indicate a vapor leak, combustible gas detector or organic vapor analyzer, as specified, be used to determine vapor tight status. 

 Requires that the wind be blocked as much as possible while determining vapor tight status, and that the highest detector reading and other information, as specified, be recorded for each incidence of vapor leakage.

 Adding EPA test methods 25A and 25B, and revising several ASTM test methods to specify the most recently EPA-approved ASTM test method.

 Other minor clarifying and conforming changes. 


EVALUATION CRITERIA  -  The following criteria were used to evaluate the submitted rule. 

1.	Enforceability  -  CAA §110(a)(2)(A) requires SIPs to "include enforceable emission limitations and other control measures, means, or techniques . . .  as may be necessary or appropriate to meet the applicable requirements of [the CAA]." In addition, CAA §172(c)(6) requires that nonattainment area SIPs "include enforceable emission limitations, and such other control measures means or techniques . . . as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment of such standard in such area by the applicable attainment date . . . ." 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 help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability. 

      2.	Stringency  -  SIPs must require RACT for each category of sources covered by a Control Technique Guideline (CTG) document as well as each major source of NOx or VOCs in ozone nonattainment areas classified as moderate or above (see sections 182(b)(2) and 182(f)). The EPA's CTG titled, "Design Criteria For Stage I Vapor Control Systems Gasoline Service Stations" (EPA-450/R-75-102, November 1975) and other local rules for this category were used to help evaluate the rule for compliance with the RACT requirements of CAA §182(b)(2).

      3.	SIP Revisions  -  CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s).
      
EPA EVALUATION  - A summary of our evaluation of the three criteria follows.

 Enforceability  -  As noted in the Rule Summary above, recent amendments to the rule removed deficient provisions that exempted GDF owners and operators from verifying that gasoline cargo tanks unloading at their facilities displayed a valid Maricopa County vapor tightness decal if the station was unattended or only one owner or operator was present. The revisions also 1) delete section 100.1.e, which required an owner or operator to allow the loading or provide equipment for the loading from any cargo tank with a current vapor tightness decal, and 2) add section 300.4.d, that specifically prohibits the loading of loading or unloading of any cargo tank that does not have a current vapor tightness decal.

These recent changes to the rule adequately address the deficiencies in the previous version of the rule (described above in the "Background" section) that were the basis for our limited disapproval of Article 20, adopted November 30, 2016 (August 9, 2019, 84 FR 39196). 
         
      In addition to the above rule revisions that address the deficiencies that prevented full approval of the previous version of Article 20, the rule contains a number of other clarifying and conforming amendments that fix typographical errors, and improve enforceability of the rule, including adding new definitions, including bulk gasoline plants and terminals, and spill containment receptacles, adding language clarifying all vapor recovery equipment and components must be CARB-certified, and provisions requiring the owner or operator to immediately stop loading or unloading should any vapor or liquid leaks be observed, and requiring the owner or operator of a GDF to immediately halt Stage I vapor recovery if various system defects, as specified, are observed.
         
Thus, we find that Article 20's requirements, as amended, are clear and that the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can consistently evaluate and determine compliance with this rule.  

 Stringency --  Submitted Rule Article 20 is generally more stringent than the applicable CTGs, and has requirements for gasoline transfer at gasoline dispensing facilities that are generally consistent with other air district rules for these source categories. Like Placer County Air Pollution Control District Rule 213 and Ventura Air Pollution Control District Rule 70, submitted Article 20 requires all vapor recovery systems have a minimum efficiency of 95%. The rule also requires replacement vapor recovery systems and components be CARB certified, which are certified to a 98% vapor recovery efficiency.

Section 100.3.c of Article 20 exempts stationary gasoline dispensing tanks used exclusively for fueling implements of normal farm operations from the rule, other than general housekeeping requirements in section 300.2. While the EPA model rule for this source category only allows the exemption if the stationary storage tank is less than 550 gallons and equipped with a submerged fill pipe, PCAQCD states in their 2016 submittal that they do not have any of these tanks eligible for this exemption. Thus, there are no excess emissions in the nonattainment area as a result of this exemption. Therefore, EPA has determined that this deviation from the CTG will not result in excess emissions and is consistent with EPA guidance on RACT.

 SIP Revisions  -  We propose to determine that our approval of the submittal would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with any CAA requirements, including requirements for RFP and attainment of the NAAQS, and (2) the emission controls in the submitted rule are more stringent than the existing SIP-approved control requirements that they would replace.

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 section 500.2.a.ii. be amended to replace the "one inch (2.5cm) or less" probe distance specification and instead use EPA Test Method 21's requirement that the probe be "at the surface" during measurement.  
         
 Please correct the typographical error in section 500.5.b to reference ASTM D323-06 instead of ASTM D323-06a. 

 We recommend bringing the exemption for normal farm operations into closer alignment with the EPA model rule, as discussed above.

EPA ACTION  -  

Submitted revisions to Article 20 strengthen the SIP. The rule meets the relevant CAA § 110 and part D requirements. Therefore, EPA staff recommends approval of Article 20 pursuant to CAA §§ 110(k)(3) and 301(a). 

If our proposed approval of Article 20 is finalized, and the updated rule is incorporated into the SIP, the sanctions and Federal Implementation Plan clocks triggered by the EPA's limited approval/limited disapproval of Article 20, adopted on November 30, 2016 (August 9, 2019, 84 FR 39196) will be terminated.

REFERENCES  -  

 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
 "Design Criteria for Stage I Vapor Control Systems-Gasoline Service Stations" (EPA-450/R-75-102, November 1975). 
 "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems" (EPA-450/2-78-051, December 1978).
 South Coast Air Quality Management District Rule 461, Gasoline Transfer and Dispensing, as amended April 6, 2012, and approved into the SIP on April 11, 2013 (78 FR 21543). 
 Antelope Valley Air Quality Management District Rule 461, Gasoline Transfer and Dispensing, as amended October 21, 2008 and approved into the SIP on January 31, 1997 (76 RF 5277).
 Yolo-Solano Air Quality Management District Rule 2.22, Gasoline Dispensing Facilities, as amended January 14, 2015 and approved into the SIP on February 9, 2016 (81 FR 6763). 
 Sacramento Metropolitan Air Quality Management District Rule 448, Gasoline Transfer into Stationary Storage Containers, as amended February 26, 2009, and approved into the SIP on January 7, 2013 (78 FR 897). 
 San Joaquin Valley Air Pollution Control District Rule 4621, Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk Plants as amended on December 19, 2013, and approved into the SIP on February 10, 2015 (80 FR 7345). 
 Placer County Air Pollution Control District Rule 215, Transfer of Gasoline into Vehicle Fuel Tanks, as amended on February 21, 2013, and approved into the SIP on 2/10/2015 (80 FR 7345). 
 Bay Area Air Quality Management District Regulation 8, Rule 7, Gasoline Dispensing Facilities, as amended November 6, 2002, and approved into the SIP on March 24, 2003 (68 FR 14156).
 Ventura County Air Pollution Control District Rule 70, Storage and Transfer of Gasoline, as amended on March 10, 2009, and approved into the SIP on January 31, 2011 (76 FR 5277).


