NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION 3 - SECTION 1


RULE 1-100 - TITLE

AIRBORNE TOXIC CONTROL MEASURE FOR
BENZENE EMISSIONS FROM RETAIL SERVICE STATIONS

This regulation is adopted pursuant to the provisions of Sections 93100 and 93101, Titles 17 and 26, California Code of Regulations (CCR).

RULE 1-110 - PURPOSE
On January 25, 1985, pursuant to Section 39662 of the Health and Safety Code, the Air Resources Board (ARB) identified benzene as a toxic air contaminant for which there is not sufficient available scientific evidence to support the identification of a threshold exposure level below which no significant adverse health effects are anticipated (see Title 17, California Administrative Code, Section 93000). This airborne toxic control measure will reduce benzene emissions from retail service stations and resulting cancer risk and cancer incidence to the lowest level achievable through application of best available control technology at stations subject to this measure.

RULE 1-120 - APPLICABILITY
This regulation shall apply to any new or modified retail service station constructed or modified after January 16, 1989; or to any existing retail service station with a gasoline throughput in excess of 480,000 gallons per year in 1988, or any calendar year thereafter.

RULE 1-130 - DEFINITIONS

  1. 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.

  2. DISTRICT: The County Air Pollution Control District as required by Section 40002 of the California Health and Safety Code or a multi-county unified district authorized by Chapter 3, Part 3, Division 26 of said code.

  3. EXCAVATION: Exposure to view by digging.

  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. HOLD-OPEN LATCH: A device which is part of an ARB- certified vapor recovery system and which allows for the hands- off refueling of a vehicle.

  6. LEAK FREE: a liquid leak of no more than three drops per minute excluding losses which occur upon disconnecting transfer fittings, provided such disconnect losses do not exceed 10 milliliters (0.34 fluid ounces) per disconnect, averaged over three disconnects.

  7. MOTOR VEHICLE: the same meaning as defined in Section 415 of the Vehicle Code.

  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.

  12. EXISTING RETAIL SERVICE STATION: Any retail service station operating, constructed, or under construction as of January 16, 1989.

  13. NEW RETAIL SERVICE STATION: Any retail service station which is not constructed or being modified as of January 16, 1989.

  14. MODIFIED RETAIL SERVICE STATION: Replacement of one or more stationary storage tanks as an existing station or excavation of 50 percent or more of an existing retail station's total underground liquid piping from the stationary storage tanks to the gasoline dispensers.

  15. TOPPING OFF: an attempt to dispense gasoline to a motor vehicle fuel tank after a vapor recovery dispensing nozzle has shut of automatically.

  16. THROUGHPUT: The volume of gasoline dispensed at a retail service station in any calendar year.

  17. VAPOR TIGHT: A leak of less than 100 percent of the lower explosive limit on a combustible gas detector measure at a distance of 2.5 cm (1 in.) from the source or no visible evidence of air entrainment in the sight glasses of liquid delivery hoses.


RULE 1-200 - PERMITS

  1. Any owner or operator of an existing retail service station with a throughput in excess of 480,000 gallons per year in the calendar year 1988, or any year thereafter, shall file an application for an Authority to Construct Phase I and Phase II vapor recovery systems with the District. The application shall be filed with the District prior to April 1, 1990, and the applicant shall pay the fees as specified in Rule 1-300 - Fees.

  2. Any owner or operator of a new retail service station of any throughput constructed after January 16, 1989, or of a modified retail service station of any throughput for which modifications are made after January 16, 1989, shall file and application for an Authority to Construct Phase I and II vapor recovery systems with the District prior to the start of construction, and shall pay the Fees as specified in Rule 1-300 - Fees.


RULE 1-300 - FEES

  1. INITIAL FEE
    1. Every applicant for an Authority to Construct at any existing retail service station as required by this regulation shall submit an application and plans to the District prior to April 1, 1990. The initial fee required with this application shall be $100.00 per retail service station plus $20.00 per gasoline dispensing nozzle.

    2. Every applicant for a Authority to Construct a new retail service station or to make modifications at an existing retail service station shall submit an application and plans to the District prior to the start of construction of the new station or modifications. The initial fee required with this application shall be $100.00 per retail service station plus $20.00 per gasoline dispensing nozzle.

  2. ANNUAL RENEWAL FEE
    1. On July 1, 1991, and each July 1, thereafter, all holders of a Permit to Operate shall be notified by the District of the annual permit renewal fees of $100.00 per retail service station plus $10.00 per gasoline dispensing nozzle.

    2. The permittee shall pay such annual renewal fee to the District Office in person or by mail postmark no later than August 31, of that year. If the renewal fee is not paid by August 31, the fee shall be increased by one-half the amount thereof, and the District shall thereupon promptly notify the permittee by mail of the increased fee. If the increased fee is not paid within 60 days after such notice, the permit shall be immediately suspended and the District shall so notify the permittee by mail. Any suspended permit may be reinstated only upon payment in full of all accured fees and penalties.

    3. It is hereby determined that the cost of reviewing permit applications, issuing authorizations, and of inspections, testing and monitoring pertaining to such issuance, exceeds the fees prescribed herein.

  3. TRANSFER OF OWNER: Where an application is filed for a Permit to Operate any retail service station by reason of transfer of owner, and where a Permit to Operate had previously been granted under Rule 1-200 and no modifications to the station have been made the applicant shall pay a $10 transfer fee.

  4. ALTERATION OF EQUIPMENT: Where an application is filed for an Authority to Construct or a Permit to Operate exclusively involving revisions to the conditions of an existing Authority to Construct or Permit to Operate or involving alterations or additions resulting in a change to any existing retail service station holding a permit under the provisions of this Regulation, the permit fee shall be recalculated to show any rating changes and pro-rated for the balance of the annual permit period.

  5. DUPLICATE PERMIT: A request for a duplicate Permit to Operate shall be made in writing to the District within 10 days after the destruction, loss or defacement of a Permit to Operate and shall contain the reason a duplicate permit is being requested. A fee of $10 shall be paid for a duplicate Permit to Operate.

  6. LATE FEE PENALTY: If any retail service station is constructed, modified, or operated without the owner or operator obtaining an Authority to construct in accordance with Rule 1- 200, the applicant shall be assessed a late fee penalty which is one and one-half times the applicable initial fee. The assessment of a late fee penalty shall not limit the District's right to pursue any other remedy provided for by law.


RULE 1-400 - BENZENE CONTROL FROM RETAIL SERVICE STATIONS

  1. Phase I Vapor Recovery System Requirements.

    1. No owner or operator shall transfer, allow 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 an ARB-certified Phase I vapor recovery system is installed on the stationary storage tank and used during the transfer. The ARB- certified Phase I vapor recovery system shall meet a 90% vapor recovery efficiency as determined by ARB Test Method 2-1 or equivalent.

    2. The provisions of Rule 1-400(a)(1) shall not apply to:

      1. An existing retail service station with a gasoline throughput of 480,000 or fewer gallons during the calendar year 1988. If during any calendar year thereafter the gasoline throughput at any 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 receives gasoline exclusively from delivery tanks that are not required to be equipped with vapor recovery systems.

    3. At the time of modifications at any existing retail service station of any throughput, ARB-certified Phase I vapor recovery systems shall be installed and used thereafter on all of the station facilities, except those stations which are exempt from the Phase I requirement by Rule 1-400(a)(2)(B).

  2. Phase II Vapor Recovery System Requirements.

    1. No owner or operator shall transfer, allow 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 ARB-certified Phase II vapor recovery system shall meet a 90% vapor recovery efficiency as determined by ARB Test Method 2-1 or equivalent.

    2. The provisions of Rule 1-400(b)(1) shall not apply to an existing retail service station which qualifies under the throughput exemption for Phase I requirements of Rule 1-400(a)(2) (A).

    3. At the time of modifications at any existing retail service station of any throughput, ARB-certified Phase II vapor recovery systems shall be installed and used thereafter on all of the station facilities.

    4. The operator of each retail facility utilizing a Phase II 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 utilized 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 District's or the ARB' toll free telephone number for complaints.


RULE 1-500 - COMPLIANCE ENFORCEMENT

  1. No owner or operator of a retail service station, subject to the requirements of Rule 1-400(a), shall transfer or allow the transfer of gasoline from a gasoline delivery tank into a stationary storage tank unless the Phase I vapor recovery system is operating in accordance with the manufacturers specifications and is maintained to be leak free, vapor tight and in good working order.

  2. Phase II gasoline vapor recovery equipment shall be maintained to be leak free, vapor tight and in good working order. Whenever, the APCO determines that a Phase II vapor recovery system contains a defect the APCO shall mark such system or component "Out of Order." No owner or operator shall use or allow the use of any Phase II system or any component thereof containing a defect identified in Title 17, California Administrative Code, 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. Phase II vapor recovery system shall not be operated with defects including:
  1. Torn or cut boots
  2. Torn or cut face seas or face cones
  3. Loose or broken retractors
  4. Boots clamped or held in an open position
  5. Leaking nozzles
  6. Loose, missing or disconnected nozzle components
  7. Crimped, cut or damaged vapor or fuel hoses
  8. Vapor assist recovery systems damaged, turned-off or inoperative
  9. Non-"ARB-certified" equipment or components

RULE 1-600 - COMPLIANCE SCHEDULE

  1. Effective January 16, 1989, the owner or operator of any new or modified retail service station subject to this regulation shall comply with all its provisions at the time gasoline is first sold from the new or modified station.

  2. The owner or operator of an existing retail service station subject to this regulation shall prior to April 1, 1990, secure an Authority to Construct from the District for installation of the equipment required by Rule 1-400. The owner or operator shall comply with all the provisions of Rule 1-400 prior to January 1, 1991.

  3. The owner or operator of an existing 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 are no longer applicable, shall comply with the provisions of Rule within 12 month after loss of said exemptions.