AMADOR COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 902 - BENZENE AIRBORNE TOXIC CONTROL MEASURE AT RETAIL SERVICE STATIONS
(Adopted: 2/21/89; Amended: 5/16/00)


902.1. Definitions.

  1. ARB Certified Vapor Recovery System. A vapor recovery system which has been certified by the ARB pursuant to Section 41954.

  2. Excavation. Exposure to view by digging.

  3. Existing Retail Service Station. Any retail service station operating, constructed, or under construction as of February 21, 1989.

  4. Gasoline. Any organic liquid (including petroleum distillates and methanol) having a Reid vapor pressure of four pounds or greater and used as a motor vehicle fuel or any fuel which is commonly or commercially known or sold as gasoline.

  5. Leak-Free. A liquid leak of no more than three drops per minute, excluding losses which occur upon disconnect transfer filling, provided such losses do not exceed ten milliliters (0.34 fluid ounces) per disconnect, averaged over three disconnects.

  6. Motor vehicle. As defined in Section 415 of the Vehicle Code.

  7. New Retail Service Station. Any retail service station which is not constructed or under construc-tion as of February 21, 1989.

  8. Owner or Operator. An owner or operator of a retail service station.

  9. Phase I Vapor Recovery System. A gasoline vapor recovery system which recovers vapors during the transfer of gasoline from delivery tanks into stationary storage tanks.

  10. Phase II Vapor Recovery System. A gasoline vapor recovery system which recovers vapors during the fueling of motor vehicles from stationary storage tanks.

  11. Retail Service Station. Any new or existing motor vehicle fueling service station subject to payment of California sales tax on gasoline sales. The term retail service station does not apply to any of the following operations:

    1. A transfer to a stationary storage tank with a capacity of less than 250 gallons.
    2. A transfer to a stationary storage tank used the majority of the time for the fueling of imple-ments of husbandry as defined in Division 16, Chapter 1, of the Vehicle Code.
    3. A transfer to a stationary storage tank used exclusively to fuel motor vehicles with a fuel capacity of five gallons or less.

  12. Submerged Fill Pipe. Any fill pipe which has its discharge opening entirely submerged when the liquid level above the bottom of the stationary storage tank is

    1. Six inches for stationary storage tanks filled from the top.
    2. Eighteen inches for stationary storage tanks filled from the side.

  13. Tank Replacement. Replacement of one or more stationary storage tanks at an existing retail service station or excavation of fifty percent (50%) or more of an existing retail service sta-tion's total underground liquid piping from the stationary storage tanks to the gasoline dis-pensers.

  14. Throughput. The volume of gasoline dispensed at a retail service station.

  15. Vapor-tight. A vapor leak of less than 100% of the lower explosive limit on a combustible gas detector measured at a distance of one inch from the source.


902.2. Vapor Recovery Requirements.

  1. Phase I Vapor Recovery System Requirements.

    1. Prohibition. No owner or operator shall trans-fer, permit the transfer, or provide equipment for the transfer of gasoline, and no other person shall transfer gasoline, from a gasoline delivery tank equipped with a vapor recovery system into a stationary storage tank at a retail service station unless all of the follow-ing conditions are met:

      1. The stationary storage tank is equipped with a permanent submerged fill pipe.

      2. The stationary storage tank is equipped with an ARB certified vapor recovery system.

      3. All vapor return lines are connected between the delivery tank and the stationary storage tank.

      4. The vapor recovery system is operating in accordance with the manufacturer's specifica-tions; and the delivery vehicle, including all hoses, fittings, and couplings, is maintained in a vapor-tight condition; and equipment is operated and maintained accord-ing to manufacturers' specifications.

      5. Hatch openings of no more than three minutes in duration are permitted for visual inspec-tion, provided that:
        1. Pumping has been stopped for at least three minutes prior to opening.
        2. The hatch is closed before pumping is resumed.

      6. Except for above-ground tanks, all lines are to be gravity-drained, in such a manner that upon discon-nect, no spillage would be ex-pected.

      7. Above-ground tanks shall be equipped with dry-breaks, with any liquid spillage upon disconnect not exceeding ten milliliters.

      8. Equipment is to be operated and maintained, with no defects, as follows:
        1. All fill tubes are equipped with vapor-tight covers, including gaskets.
        2. All dry breaks have vapor-tight seals and are equipped with vapor-tight covers or dust covers.
        3. Coaxial fill tubes are operated so there is no obstruction of vapor passage from the storage tank back to the delivery vehicle.
        4. The fill tube assembly, including fill tube, fittings and gaskets, is main-tained to prevent vapor leakage from any portion of the vapor recovery system.
        5. All storage tank vapor return pipes without dry breaks are equipped with vapor-tight covers, including gaskets.

    2. Exemptions. The provisions of 902.2.A.1 shall not apply to:

      1. An existing retail service station with an annual station gasoline throughput of 480,000 or fewer gallons during the calendar year prior to 1989. If during any calendar year thereafter the gasoline throughput from such tanks at the existing retail service station exceeds 480,000 gallons, this exemption shall cease to apply commencing with the first day of the following calendar year.

      2. A transfer to a stationary storage tank at an existing retail service station which receiv-es gasoline from delivery tanks that are not equipped with vapor recovery systems.

    3. Tank Replacement. Notwithstanding 902.2.A.2.a, at the time of tank replacement at an existing retail service station, ARB certified Phase I vapor recovery shall be installed and used thereafter on all of the station facilities.

  2. Phase II Vapor Recovery System Requirements.

    1. Prohibition. No owner or operator shall trans-fer, permit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank at a retail service station into a motor vehicle fuel tank of greater than five gallons unless:

      1. The dispensing unit used to transfer the gasoline from the stationary storage tank to the motor vehicle fuel tank is equipped with an ARB certified vapor recovery system.

      2. The vapor recovery system is operating in accordance with the manufacturer's specifica-tions.

      3. Equipment subject to this Rule is operated and maintained with none of the following defects, pursuant to the definitions in CCR Section 94006, Subchapter 8, Chapter 1, Part III, of Title 17, including but not limited to:

        1. Torn or cut boots.

        2. Torn or cut face seals or face cones.

        3. Loose or broken retractors.

        4. Boots clamped or otherwise held in an open position.

        5. Leaking nozzles.

        6. Any nozzle components which are loose, missing, or disconnected, including but not limited to boots, face seals, face cones, check valve wires, and diaphragm covers and latching devices.

        7. Defective shutoff mechanisms.

        8. Any vapor fuel hoses and associated components which are loose, missing, or disconnected, including but not limited to flow restrictors, swivels, and anti-recirculation valves.

        9. Crimped, cut, severed, or otherwise damaged vapor or fuel hoses.

        10. Assist-type vapor recovery systems, or any components of such systems, missing, turned off, or otherwise not operating.

        11. Any improper or non-ARB certified equipment or components.

    2. Exemptions. The provisions of 902.2.B shall not apply to an existing retail service station which is exempt from Phase I requirements under 902.2.A.2.a.

    3. Tank Replacement. Notwithstanding 902.2.B.2, at the time of tank replacement at an existing retail service station, ARB certified Phase II vapor recovery systems shall be installed and used thereafter on all of the station faciliti-es.

    4. Correction of Defects. No owner or operator shall use or permit the use of any Phase II system or any component thereof containing a defect identified in Title 17, CCR, Section 94006 until it has been repaired, replaced, or adjusted, as necessary to remove the defect and APCD personnel have reinspected the system or have authorized its use pending reinspection. Nothing in this subdivision shall excuse com-pliance with 902.2.B.1. (Sections 41960.2.(c), 41960.2.(d), and 41960.2.(e))

  3. Additional Requirements.

    1. Vapor recovery or vapor processing systems used to comply with the provisions of this Rule shall comply with all safety, fire, weights and measures, and other applicable codes or regula-tions. (Section 41960.1)

    2. A person shall not offer for sale, sell, or install within the Amador County APCD, any new or rebuilt vapor recovery equipment unless the components clearly identify by markings the certified manufacturing company and/or certified rebuilding company. (Section 41960.2.(b))

    3. Vapor recovery systems required under Rules 902.2.A and 902.2.B shall at all times be installed, maintained and operated in accordance with the manufacturer's specifications and the ARB certification, and shall be maintained to be leak-free, vapor-tight and in good working order. (Section 41960.2.(a)) In the event that the vapor recovery system is not capable of being operated in accordance with the manufac-turer's specifications or ARB certifica-tion, the upset and breakdown procedures of Rule 516 shall be followed.


902.3. Administrative Requirements.

  1. New Retail Service Stations.

    1. Authority to Construct. The owner or operator of any new retail service station shall file an application for an Authority to Construct with the APCD for the installation of the equipment required by Rules 902.2.A and 902.2.B prior to construction.

    2. Permit to Operate. The owner or operator of any new retail service station shall comply with the provisions of Rules 902.2.A and 902.2.B and shall secure the Permit to Operate from the APCD at the time gasoline is first sold from the station.

  2. Existing Retail Service Stations.

    1. Stations Subject to Rules 902.2, Vapor Recovery Require-ments.

      1. Authority to Construct. The owner or operat-or of an existing retail service station subject to Rules 902.2.A and 902.2.B, who has not earlier complied, shall within six months after February 21, 1989, file an application for an Authority to Construct with the APCD for the installation of the vapor recovery systems required.

      2. Permit to Operate. The owner or operator shall fully comply with the provisions in Rules 902.2.A and 902.2.B, and shall secure the Permit to Operate from the APCD by January 1, 1991.

    2. Stations Exempt from Rule 902.2.

      1. Permit to Operate. The owner or operator of a retail service station exempt from either Phase I or Phase II requirements shall file an application for a Permit to Operate with the APCD within six months after February 21, 1989.

      2. Authority to Construct.

        1. Tank Replacement. The owner or operator of any retail service station previously exempt from the vapor recovery require-ments of Rules 902.2.A and 902.2.B shall at the time of a tank replacement or repair fully comply with the require-ments of Rules 902.2.A and 902.2.B at the time gasoline is first received or dispensed after completion of the replacement or repair.

        2. Throughput Change. The owner or operat-or of any retail service station previo-usly exempt from the vapor recovery requirements of Rules 902.2.A and 902.2.B, where the throughput has changed such that the exemption is no longer applicable, except for those stations that lose the exemption due to tank replacement (Rule 902.3.B.2.b.(1)), shall apply for the Authority to Con-struct with the APCD for the vapor recovery system(s) required no later than six months from the first day of the calendar year following the year the retail service station is no longer exempt. The owner or operator shall be in full compliance with the provisions in Rules 902.2.A and 902.2.B and shall have secured a new Permit to Operate within twenty-four months from the first day of the calendar year following the year the retail service station is no longer exempt.

  3. Posting Requirements.
    1. The owner or operator of a retail service station utilizing a Phase II vapor recovery system shall con-spicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly with the vapor recovery nozzles utilized at the station and shall include a warning that repeated attempts to continue dispensing, after the system having indicated that the vehicle tank is full, may result in spillage or recircula-tion of gasoline. (Section 41960.4)

    2. The owner or operator of a retail service station subject to Rule 902.2.B, Phase II Vapor Recovery, shall con-spicuously post in the gasoline dispensing area the phone number for the APCD for complaints. (Section 41960.3)

  4. Fees.
    1. The owner or operator of a retail service station shall pay the fees required by Regula-tion VI of the Amador County Air Pollution Control District Rules and Regula-tions.

    2. The owner or operator of a retail service station subject to the requirements of Rule 902.2.B shall pay an addition-al fee per nozzle as prescribed in Rule 601.