MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT
RULE 461 - GASOLINE TRANSFER AND DISPENSING
(Adopted: January 9, 1976)(Amended: May 7, 1976; September 3, 1976; readopted w/o changes: July 25, 1977; Amended: October 13, 1980; December 19, 1988; November 2, 1992; May 25, 1994)
(A) GENERAL DESCRIPTION
(a) Where the tank is filled from the top, the end of the discharge pipe or nozzle is totally submerged when the liquid level is 6 inches from the bottom of the tank.
(b) Where the tank is filled from the side, the end of the discharge pipe or nozzle is totally submerged when the liquid level is 18 inches from the bottom of the tank.
(a) Such container is equipped with a permanent submerged fill pipe, and
(b) Such delivery vessel or container is equipped with a vapor recovery system which has been certified by the California Air Resources Board, and the facility's vapor recovery system shall be capable of recovering or processing 95% of the displaced gasoline vapors, and
(c) All vapor return lines are connected between the tank truck, trailer, or railroad tank car and the stationary storage container, and the vapor recovery system is in operation in accordance with the manufacturer's specifications, and the delivery vehicle, including all hoses, fittings, and couplings, is maintained in a vapor-tight condition, as defined by the applicable California Air Resources Board certification and test procedures (Section G), and all equipment is operated and maintained according to the manufacturer's specifications.
(d) Hatch openings are limited to no more than 3 minutes in duration for visual inspection, provided that pumping has been stopped for at least 3 minutes prior to opening, and the hatch is closed fully before pumping is resumed.
(e) Except for above ground tanks, all lines are gravity drained, in such a manner that upon disconnect no liquid spillage would be expected.
(f) Above ground tanks shall be equipped with dry breaks, such that liquid spillage upon disconnect shall not exceed 10 milliliters; and
(g) Equipment subject to this section is operated and maintained, with no defects, as follows:
(i) All fill tubes are equipped with vapor-tight covers, including gaskets; and
(ii) All dry breaks have vapor-tight seals and are equipped with vapor-tight covers or dust covers; and
(iii) Coaxial fill tubes are operated so there is no obstruction of vapor passage from the storage tank back to the delivery vehicle; and
(iv) The fill tube assembly, including fill tube, fittings and gaskets, is maintained to prevent vapor leakage from any portion of the vapor recovery system, and
(v) All storage tank vapor return pipes without dry breaks are equipped with vapor-tight covers, including gaskets.
(a) The dispensing unit used to transfer the gasoline from the stationary storage container to the motor vehicle fuel tank is equipped with a vapor recovery system which has been certified by the California Air Resources Board as capable of recovering 95% of the displaced gasoline vapors; and
(b) The vapor recovery system is operating in accordance with the manufacturer's specifications; and
(c) Equipment subject to this rule is operated and maintained with none of the following defects, pursuant to the definitions in California Administrative Code Section 94006, Subchapter 8, Chapter 1, Part III, of Title 17:
(i) Torn or cut boots;
(ii) Torn or cut face seals or face cones;
(iii) Loose or broken retractors;
(iv) Boots clamped or otherwise held in an open position;
(v) Leaking nozzles;
(vi) Loose, missing, or disconnected nozzle components, including but not limited to boots, face seals, face cones, check valve wires, diaphragm covers and latching devices;
(vii) Defective shutoff mechanisms;
(viii) Loose, missing, or disconnected vapor fuel hoses and associated components including but not limited to flow restrictors, swivels and anti-recirculation valves;
(ix) Crimped, cut, severed, or otherwise damaged vapor or fuel hoses;
(x) Missing, turned off, or otherwise not operating assist type vapor recovery systems, or any components of such systems;
(xi) Improper or non-"CARB certified" equipment or components;
(xii) Inoperative, severely malfunctioning or missing vacuum producing device;
(xiii) Inoperative, loose, missing or disconnected pressure/vacuum relief valves, vapor check valves or dry breaks.
(a) Newly installed vapor recovery systems used to comply with the provisions of this rule shall:
(i) Be limited to those systems certified by the Air Resources Board as the latest generation equipment at the time the installation is initiated, and
(ii) Utilize only equipment identified by the Air Resources Board as achieving the highest reliability and maintainability compatible with the certified system selected for installation.
(iii) Utilizing dispensing nozzles equipped with a hold-open latch unless the local fire code prohibits the use of the hold-open latch.
(b) Vapor processing or vapor recovery systems used to comply with the provisions of this rule shall comply with all safety, fire, weights and measures, and other applicable codes and/or regulations.
(c) A person shall not offer for sale, sell or install within the district any new or rebuilt vapor recovery equipment unless the components and parts clearly identify by markings the certified manufacturing company and/or certified rebuilding company.
(d) Vapor recovery systems required under Section (C)(1) or Section (C)(2) shall at all times be maintained in accordance with the manufacturer's specifications and the State's certification.
(e) When problems or defects are detected and are associated with any vapor recovery, storage, or delivery vessel or dispensing equipment, other than a breakdown of the central vapor incineration or processing unit, the owner/operator shall at the end of the cycle remove the equipment from service and not use the equipment until it has been repaired, replaced or adjusted as necessary to remove the problem or defect.
As applied to this subsection, the term "end of the cycle" means:
(i) for delivery vehicles when the delivery vehicle is emptied or, if not emptied, before taking on more gasoline.
(ii) for transferring gasoline to a motor vehicle is at the time the problem is detected, or at the end of refueling the current vehicle.
(f) A person shall not perform or permit the "pump-out" (bulk transfer) of gasoline from a storage container subject to Section (C)(1) unless such bulk transfer is performed using a vapor recovery system capable of returning the displaced vapors from the delivery vessel or other container being filled back to the stationary storage container. This vapor recovery is not required where the container is to be removed or filled with water for testing. For visual inspections, the requirements of Subsection (C)(1)(d) are applicable.
(g) A person shall not store, or allow the storage of, gasoline in any stationary storage container with a capacity of more than 950 liters (251 gallons) unless such container:
(i) Complies with Rule 463; or
(ii) Is equipped with a permanent submerged fill pipe and a certified vapor recovery system.
(h) The operator of each gasoline dispensing facility subject to Section (C)(2) above shall conspicuously post in the gasoline dispensing area the operating instructions, the district's toll-free telephone number for complaints and a District-specified warning sign.
(a) Into or from any stationary storage container of less than 550 gallons capacity, which is used for the fueling of implements of husbandry as such vehicles are defined in Division 16 (Section 36000 et. seq.) of the California Vehicle Code, if such container is equipped with a permanent submerged fill pipe.
(b) Into or from any underground stationary container using only hand pumping, for the purpose of providing emergency services during loss of commercial power, where the district Air Pollution Control Officer (APCO) has certified that such pumping cannot comply with the provisions of Section (C)(2) and where such hand pumping capability is otherwise required by law or regulation.
(c) Into or from any stationary storage container of any retail gasoline station installed prior to December 19, 1988 which meets all the following conditions:
(i) The monthly gasoline throughput of the facility does not exceed 10,000 gallons and the annual gasoline throughput of the facility does not exceed 60,000 gallons, on a calendar month and calendar year basis, respectively, beginning with 1988 and;
(ii) The facility has not been modified after December 19, 1988 where modified means the installation of a new tank, replacement of any existing tank, and/or excavation (exposing) of 50% or more of a facility's total underground liquid piping from the stationary storage tanks to the gasoline dispensers, and;
(iii) The transfer of gasoline from any delivery vehicle into those stationary storage containers with a capacity of more than 950 liters (251 gallons) is limited to those containers which are equipped with permanent submerged fill pipes, and
(iv) All dispensing nozzles are equipped with a hold-open latch unless the local fire code prohibits the use of the hold-open latch and;
(v) The facility owner/operator provides adequate evidence
(a) That compliance would be economically prohibitive and the alternative would be closure of the facility, and
(b) That the facility provides essential emergency fueling for motor vehicles and closure would result in a lessening of public safety, and
(c) That no other non-exempt retail facility open during reasonable hours exists within a driving distance of 5 miles; and
(vi) The owner/operator receives written approval from the district APCO in response to a formal request for exemption. Such exemptions shall be based solely on the evidence demonstrating the validity of the conditions listed above. If during any calendar month thereafter the gasoline throughput exceeds 10,000 gallons, the exemption shall cease, effective the first day of the following calendar month. If during any calendar year thereafter the gasoline throughput exceeds 60,000 gallons, the exemption shall cease, effective the first day of the following calendar year.
(E) RECORD KEEPING AND REPORTING
(F) COMPLIANCE SCHEDULE
(a) The owner or operator of any stationary storage container which was exempt by Subsection (D)(1)(a) and which is modified on or after December 19, 1988 shall comply with this rule in accordance with the following schedule:
(i) Secure an Authority to Construct from the district prior to the commencement of modifications.
(ii) Secure all other permits and approvals as required.
(iii) Assure compliance with Sections (C)(1) and (C)(2) at the time gasoline is first received or dispensed from the facility.
(b) The owner or operator of any stationary storage container which was exempt by Subsection (D)(4) and which is no longer exempt, shall comply with this rule in accordance with the following schedule:
(i) Secure an Authority to Construct from the district by March 31 of the year of the loss of the exemption and before the commencement of modifications.
(ii) Secure all other permits and approvals as required.
(iii) Commence construction by September 30 of the year of the loss of the exemption.
(iv) Assure compliance with Sections (C)(1) and (C)(2) by December 30 of the year of the loss of the exemption.
(G) TEST METHODS FOR COMPLIANCE VERIFICATION
A violation determined by any one of these test methods shall constitute a violation of the rule.