Notice of Public Availability
of Modified Text:

Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems Used In Motor Fueling Operations

April 2002

State of California

Notice of Public Availability of Modified Text


Public Hearing Date: November 15, 2001
Public Availability Date: April 15, 2002
Deadline for Public Comment: April 30, 2002

At a public hearing held November 15, 2001, the Air Resources Board (the "Board" or "ARB") approved amendments to section 94006, title 17, California Code of Regulations (CCR). The amendments are an update to the list of substantial defects for vapor recovery equipment at gasoline dispensing facilities. Staff recommended that the 12 defects now listed in title 17, CCR, section 94006 (a) through (j) be repealed from the regulation and the document titled "Vapor Recovery Equipment Defects List" be adopted in their place, with 15-day changes. This new defects list comprises the defects that have been listed in the individual Executive Orders that certify vapor recovery as "substantial" equipment as well as the original generic defects. Due to the enormous amount of change expected in the vapor recovery field as new enhanced vapor recovery (EVR) systems are certified and the existing pre-EVR systems are decertified, staff also recommended that the Board affirm its intent that the Executive Officer make changes to the section 94006 defects list as appropriate in accordance with the procedures specified in section 41960.2(c) of the Health and Safety Code.

The Board's Action At the conclusion of the hearing, the Board adopted Resolution 01-52, in which it approved the originally proposed amendments with modifications. The modifications had been suggested by staff in response to public comments made to staff after issuance of the original proposal. The text of the suggested modifications was set forth and explained in a document titled "Staff's Suggested Changes to the Original Regulatory Proposal," which included the modified Proposed Regulation Order (i.e. the regulatory text of section 94006 of title 17, CCR) and the modified Vapor Recovery Equipment Defects List Title 17 Update (i.e. the document that is incorporated by reference in section 94006 of title 17, CCR and that lists the identified defects). A package of these three documents was distributed at the hearing. The Resolution, the modified Proposed Regulation Order, and the modified Vapor Recovery Equipment Defects List Title 17 Update are attached to this Notice. The Resolution directed the Executive Officer to make the modified text available for a supplemental comment period in accordance with the Administrative Procedure Act.

The criteria used to establish which defects are considered by the ARB to substantially impair the effectiveness of vapor recovery equipment and other language clarifications have also been added to the Proposed Regulation Order. The conforming advisability of defining which defects are substantial was identified in letters to, and testimony before, the Board. After expressing its concern about this issue, the Board endorsed the suggestion by
Chief Deputy Executive Officer Tom Cackette that criteria for establishing which defects are "substantial" be specified as part of the 15-day changes to the regulation.

The remainder of the Board's approved modifications are to the so-called Vapor Recovery Equipment Defects List Title 17 Update document (Appendix 2 of the Staff Report), renamed the "Vapor Recovery Equipment Defects List," which is incorporated by reference in title 17 CCR section 94006. In addition to nonsubstantive language clarifications, three defects were removed from the list because the significance of the excess emissions that may result from these defects cannot be accurately quantified. These include the roundness specifications for nozzle spouts (ring gage test) for all systems; the pressure integrity of drop tube/drain valve assembly requirements for the VR-101-A Executive Order; and the static torque constraints of rotatable phase I adapters for the VR-101-A Executive Order. Defect identification methods used in the verification procedures for these three defects were also removed because they are no longer applicable. Throughout the list, defects that will result in the removal from service of all affected interrelated systems are now followed by an asterisk ("*") to distinguish them from defects that will result in the removal of a single component or individual fueling point from service. A statement explaining the significance of the asterisk was added after each affected Executive Order on the list. A cover sheet with the adoption date has also been added. Finally, in the Resolution, the Board affirmed its intent that the defects list be kept current by the Executive Officer.

Each of the changes described here is shown in underline/strikeout format on the attached documents.

The complete texts of these modified documents, with all of the modifications clearly indicated, are available on the ARB's Internet site for this rulemaking:

Printed copies are available from R. Neil Nipper, Monitoring and Laboratory Division, telephone (916) 445-9391 or email

Comments and Subsequent Action In accordance with section 11346.8 of the Government Code, the Board's Resolution directed the Executive Officer to amend section 94006, title 17, CCR, and the incorporated documents in accordance with the Board's directions, after making the text of the modifications available to the public for comment for a period of at least 15 days. The Board further provided that the Executive Officer shall consider such written comments regarding the modified text that may be submitted during this period and shall make modifications as may be appropriate in light of the comments received. This notice complies with that directive.

Written comments on the proposed modifications may be submitted by postal mail, electronic mail, or facsimile:

Postal mail is to be sent to:

Clerk of the Board
Air Resources Board
P.O. Box 2815
Sacramento, California 95812

Electronic mail is to be sent to:

Facsimile submissions are to be transmitted to the Clerk of the Board at (916) 322-3928.

In order to be considered by the Executive Officer, comments must be directed to the ARB in one of the three forms described above and received by the ARB by 5:00 p.m. on the last day for supplemental comment listed at the beginning of this notice. Only comments relating to the modifications to the text of the regulation or incorporated document will be considered by the Executive Officer.

If you are a person with a disability and desire to obtain this document in an alternative format, please contact the Air Resources Board ADA Coordinator at (916) 323-4916, or
TDD (916) 324-9531, or (800) 700-8326 for TDD calls from outside the Sacramento area.

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