FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 3.12 - BENZENE AIRBORNE TOXIC CONTROL MEASURE - RETAIL SERVICE STATIONS
(Adopted 6/91)

  1. Phase I Vapor Recovery System Requirements:
    1. No owner or operator shall transfer, permit the transfer, or provide equipment for the transfer of gasoline, and no other person shall transfer gasoline from a delivery tank equipped with a vapor recovery system into a stationary storage tank at a retail service station unless an ARB Certified Phase I vapor recovery system is installed on the stationary storage tank and used during the transfer.
    2. The provisions of subsection a.1., shall not apply to:
      1. A transfer to a stationary storage tank with a capacity of less than 1.0 cubic meter (260 gallons).
      2. A transfer to a stationary storage container used the majority of the time for the fueling of implements 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.
      4. An existing retail service station with an annual station gasoline throughput from tanks or other than those described in subsections a.2.a), a.2.b.), and a.2.c)., of 480,000 or fewer gallons during the calendar year prior to district adoption of this rule. If during any calendar year thereafter the gasoline throughput from such tanks at the existing retail service station exceed 480,000 gallons, this exemption shall cease to apply commencing with the first day of the following calendar year.
      5. A transfer to a stationary storage tank at an existing retail service station which receives gasoline exclusively from delivery tanks that are not required to be equipped with vapor recovery systems.
    3. Notwithstanding subsection a.2.d)., at the time of tank replacement at an existing retail service station, ARB Certified Phase I vapor recovery systems shall be installed and used thereafter on all of the station facilities, except those which are exempt from the Phase I requirement by subsections a.2.a)., a.2.b)., and a.2.c)., or a.2.e).
  2. Phase II Vapor Recovery System Requirements:
    1. No owner or operator shall transfer, 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 unless an ARB-certified Phase II vapor recovery system is installed and used during the transfer.
    2. The provisions of subsection b.1. shall not apply to:
      1. A transfer of gasoline from a stationary storage tank which is exempt from Phase I under subsection a.2.a)., a.2.b)., or a.2.c).
      2. An existing retail service station which is exempt from Phase I requirements under subsection a.2.d).
    3. Notwithstanding subsection b.2.b.)., at the time of tank replacement at an existing retail service station, ARB Certified Phase II vapor recovery system shall be installed and used thereafter on all of the station facilities, except those which are exempt from the Phase II requirement by subsection b.2.a.).
  3. 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, California Code of Regulations, Section 94006 until it has been repaired, replaced, or adjusted, as necessary to remove the defect, and, if required under Health and Safety Code Section 41960.2, district personnel have inspected the system or have authorized its use pending reinspection. Nothing in this subsection shall excuse compliance with subsection b.1.
  4. Compliance Schedule: For purposes of this rule, the following compliance schedule shall apply:
    1. The owner or operator of any new retail service station subject to this section shall comply with the provisions of this rule at the time gasoline is first sold from the station.
    2. The owner or operator of an existing retail service station without ARB-Certified Phase I and II vapor recovery system shall notify the Air Pollution Control Officer in writing in advance of an intended tank replacement and secure all permits and other approvals necessary for installation of Phase I and II vapor recovery systems. The owner or operator of an existing retail service station shall comply with the provisions of this rule upon completion of the tank replacement.
    3. The owner or operator of an existing retail service station subject to this rule, who has not earlier complied in accordance with subsection d.2., shall within 15 months after district adoption of this rule secure all permits and other approvals necessary for installation of the equipment required by this rule. The owner or operator shall comply with the provisions of this rule within 24 months after district adoption of this rule.
    4. Excluding those existing retail service stations subject to this rule as a result of tank replacement, the owner or operator of a previously exempt stationary storage tank or retail service station where the operation or annual throughput has changed such that the exemption from either the Phase I or II requirements or both is no longer applicable, shall comply with the rule's provisions in accordance with subsection d.3., above, provided that the first day the retail service station or stationary storage tank is no longer exempt shall be considered as the date of district adoption of this rule.