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(a)
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Definitions -
For the purposes of this section, the following definitions shall apply: |
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(1)
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"ARB-Certified
Vapor Recovery System" means a vapor recovery
system which has been certified by the state
board pursuant to section 41954 of the
Health and Safety Code. |
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(2)
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"Excavation"
means exposure to view by digging. |
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(3)
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"Gasoline"
means 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. |
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(4)
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"Motor Vehicle"
has the same meaning as defined in Section 415 of the Vehicle
Code. |
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(5)
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"Owner or
Operator" means an owner or operator of a retail service
station. |
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(6)
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"Phase I Vapor
Recovery System" means a gasoline vapor recovery
system which recovers vapors during the transfer of
gasoline from delivery tanks into stationary storage tanks. |
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(7)
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"Phase II Vapor
Recovery System" means a gasoline vapor recovery
system which recovers vapors during the fueling of
motor vehicles from stationary storage tanks. |
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(8)
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"Retail Service
Station" means any new or existing motor vehicle fueling
service station subject to payment of California sales tax on
gasoline sales. |
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(9)
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"Existing Retail
Service Station" means any retail service station
operating, constructed, or under construction as of the date
of district adoption of regulations implementing this control
measure. |
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(10)
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"New Retail
Service Station" means any retail service station which
is not constructed or under construction as of the
date of district adoption of regulations implementing this
control measure. |
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(11)
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"Tank
Replacement" means replacement of one or more stationary
storage tanks at an existing retail service station or excavation 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. |
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(12)
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"Throughput"
means the volume of gasoline dispensed at a retail service station. |
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(b)
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Phase
I Vapor Recovery System Requirements |
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(1)
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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 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. |
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(2)
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The provisions of subdivision
(b)(1) shall not apply to: |
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(A)
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A transfer
to a stationary storage tank with a capacity of less
than 1.0 cubic meter (260 gallons). |
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(B)
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A transfer
to a stationary storage tank used the majority of the
time for the fueling of implements
of husbandry as defined in
Division 16, Chapter 1, of the Vehicle Code. |
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(C)
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A transfer
to a stationary storage tank used exclusively to fuel
motor vehicles with a fuel capacity of five gallons
or less. |
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(D)
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An
existing retail service station with an annual station gasoline
throughput from tanks other than those described in subdivisions
(b)(2)(A), (b)(2)(B) and (b)(2)(C) of 480,000 or fewer gallons during
the calendar year prior to district adoption of the measure.
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. |
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(E)
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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. |
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(3)
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Notwithstanding
(b)(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
(b)(2)(A), (b)(2)(B), (b)(2)(C) or (b)(2)(E). |
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(c)
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Phase
II Vapor Recovery System Requirements |
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(1)
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No owner
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. |
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(2)
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The
provisions of subdivision (c)(1) shall not apply to: |
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(A)
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A transfer
of gasoline from a stationary storage tank which is
exempt from Phase I
requirements under Subdivision (b)(2)(A),
(b)(2)(B), or (b)(2)(C). |
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(B)
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An
existing retail service station which is exempt from Phase I
requirements under subdivision (b)(2)(D). |
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(3)
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Notwithstanding
(c)(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 from
the Phase II requirement by (c)(2)(A). |
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(d)
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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 (c)(1). |
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(e)
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Compliance
Schedule. For purposes of this section, the following compliance
schedule shall apply: |
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(1)
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The owner
or operator of any new retail service station subject to this
section shall comply with the provisions of this section at
the time gasoline is first sold from the
station. |
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(2)
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The owner
or operator of any existing retail service station without
ARB-certified Phase I and II vapor recovery
systems shall notify
the air pollution 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 I and II vapor recovery
systems. The owner or operator of an existing retail
service station shall comply
with the provisions of this section
upon completion of the tank replacement. |
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(3)
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The owner
or operator of an existing retail service station subject to this
section, who has not earlier complied in accordance with
(e)(2), shall within 15 months after district adoption of the
regulations implementing this control measure secure all permits and
other approvals necessary for installation of the equipment
required by this section. The owner or operator shall comply
with the provisions of this section within 24 months after
district adoption of regulations implementing this control measure. |
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(4)
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Excluding
those existing retail service stations subject to this section 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 section's provisions in accordance
with (e)(3) above, provided that the first
day the retail station or stationary storage tank is no longer
exempt shall be considered as the date of district adoption of
regulations implementing this control measure. |
