MODOC COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 8.1 - BENZENE EMISSIONS FROM RETAIL SERVICE STATIONS
(Amended May 1, 1989)
To comply with California Code of Regulations, Section 93101, by reducing airborne benzene emissions from retail
- ARB-Certified Vapor Recovery System : A vapor recovery system which has been certified by the state
board pursuant to Section 41954 of the Health and Safety Code.
- 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.
- Hold-Open Latch : A device that allows hands-off refueling of a vehicle.
- Motor Vehicle: The same meaning as defined in Section 415 of the Vehicle Code.
- Owner or Operator: An owner or operator of a retail service station.
- 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.
- Phase 2 Vapor Recovery System: A gasoline vapor recovery system which recovers vapors during the fueling
of motor vehicles from stationary storage tanks.
- Retail Service Station : Any new or existing motor vehicle fueling service station which sells gasoline
to the public and is subject to payment of California sales tax on gasoline sales.
- Existing Retail Service Station: Any retail service station operating, constructed, or under construction
as of January 15, 1989.
- New Retail Service Station : Any retail service station which is not constructed or under construction
as of January 15, 1989.
- Tank Replacement : Replacement of one or more gasoline stationary storage tanks at an existing retail
service station or replacement of 50 percent or more of an existing retail service station's total underground
liquid piping from the stationary storage tanks to the gasoline dispensers.
- Throughput : The volume of gasoline dispensed at a retail service station.
- Leak Free : A liquid leak of no more than three drops per minute.
- Topping Off : To attempt to dispense gasoline to a motor vehicle fuel tank after a vapor recovery dispensing
nozzle has shut off automatically. The filling of those vehicle tanks which, because of the nature and configuration
of the fill pipe, causes premature shut off of the dispensing nozzle, and which are filled only after the seal
between the fill pipe and the nozzle is broken, shall not be considered topping off.
- Vapor Tight : A leak of less than 100 percent of the lower explosive limit on a combustible gas detector
measured at a distance of 2.5 cm (1 inch) from the source or no visible evidence of air entrainment in the sight
glasses of liquid delivery hoses.
C. Compliance Schedule
- After January 15, 1989, the owner or operator of any new retail service station subject to this rule shall
comply with its provisions at the time gasoline is first sold from the station.
- The owner or operator of any existing retail service station without ARB-certified Phase I and II vapor recovery
systems shall notify the Control Officer in writing in advance of an intended tank replacement and shall secure
all necessary permits and other approvals for the installation of Phase 1 and II vapor recovery systems. The owner
or operator of an existing retail service station not exempt by this rule shall comply with the provisions of this
rule upon completion of the tank replacement.
- The owner or operator of an existing retail service station who has not earlier complied in accordance with
C.2., shall, by April 1, 1990, 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 by January 1, 1991.
- 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 this rule's provisions within 12 months of loss of said exemption.
- Any owner or operator of a retail service station not exempt by D.2.a., D.2.b., or D.2.c. shall by July 1,
- install and maintain in good working order hold-open latches on all gasoline dispensers.
- conspicuously post in the gasoline dispensing area a reasonable facsimile of the following:
(Letters shall be a minimum of 1-inch high)
Gasoline vapors can be hazardous to your health.
Ask attendant how hold-open latches can reduce your risk.
D. Phase I Vapor Recovery System Requirements
- 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 gasoline delivery 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.
- The provisions of D.1. shall not apply to:
- A stationary storage tank with a capacity of less than 260 gallons.
- A stationary storage tank used the majority of the time for the fueling of implements of husbandry.
- A stationary storage tank used exclusively to fuel motor vehicles with a fuel capacity of five gallons or less.
- An existing retail service station with an annual throughput of 480,000 or fewer gallons during the 1988 calendar
year. 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.
- 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.
- Notwithstanding D.2.d., at the time of tank replacement at any existing retail service station, ARB-certified
Phase I vapor recovery systems shall be installed and used thereafter on all the station facilities, except those
which are exempt by D.2.a., D.2.b., D.2.c., or D.2.e.
E. Phase II Vapor Recovery System Requirements
- 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.
- The provisions of E.1. shall not apply to:
- A stationary storage tank which is exempt from Phase I requirements under D.2.a., D.2.b., or D.2.c.
- An existing retail service station which is exempt from Phase I requirements under D.2.d.
- Notwithstanding E.2.b., 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 facilities, except
those which are exempt by E.2.a.
F. Operation and Maintenance Requirements
The operator of each retail facility using a Phase II vapor recovery system shall conspicuously post operating
instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel
vehicles correctly with vapor recovery nozzles used at the station, and shall include a warning that topping off
may result in spillage or recirculation of gasoline and is prohibited.
Additionally, the instructions shall include a prominent display of the Modoc Air Pollution Control District's
or the ARB's toll-free telephone number for complaints.
All Phase I and Phase II gasoline vapor recovery equipment shall be installed as required by ARB certification
and operated as recommended by the manufacturer and shall be maintained to be leak free, vapor tight, and in good
G. 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 reinspected the system or have authorized its use pending reinspection. Nothing in this
subdivision shall excuse compliance with subdivision E.1.
Sources subject to this rule shall pay the fees required by Regulation III.