FRAQMD RULE 11.1 BENZENE ATCM FOR RETAIL SERVICE STATIONS             
LAST REVISED 11/11/11




             RULE 11.1  BENZENE AIR TOXIC CONTROL MEASURE
                        FOR RETAIL SERVICE STATIONS
A.   PURPOSE

     To limit the emissions of benzene to the atmosphere from
     retail service stations.

B.   DEFINITIONS

     For the purposes of this Rule, the following definitions shall
     apply:

     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 II 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
     17, 1989.

     New Retail Service Station: any retail service station which
     was not constructed or under construction as of January 17,
     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.

aC.  PHASE I VAPOR RECOVERY SYSTEM REQUIREMENTS

     1.   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 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.

     2.   The provisions of subsection C(1) shall not apply to:

          a.   A transfer to a stationary storage tank with a
               capacity of less than 1.0 cubic meter (260
               gallons).
          b.   A transfer to a stationary storage container used
               the majority of the time for the fueling of
               implements of husbandry as defined in Division 16,
               Chapter 1, of the Vehicle Code.
          c.   A transfer to a stationary storage tank used
               exclusively to fuel motor vehicles with a fuel
               capacity of five gallons or less.
          d.   An existing retail service station with an annual
               station gasoline throughput from tanks other than
               those described in subsections a.2.a),
               a.2.b)C(2)(a), C(2)(b), and a.2.c).C(2)(c), of
               480,000 or fewer gallons during the 1988 calendar
               year prior to District adoption of this Rule.  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.
          e.   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.   Notwithstanding Subsection a.2.d)C(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 subsections a.2.a), a.2.b) and
          a.2.c)C(2)(a), C(2)(b), C(2)(c), or a.2.3)C(2)(e).

bD.  PHASE II VAPOR RECOVERY SYSTEM REQUIREMENTS

     1.   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.

     2.   The provisions of subsection b.1D.1 shall not apply to:
          a.   A transfer of gasoline from a stationary storage
               tank which is except from Phase I under subsection 
               a.2.a), a.2.b), or a.2.cC(2)(a), C(2)(b), or
               C(2)(c);
          b.   An existing retail service station which is exempt
               from Phase I requirements under subsection a.2.d
               C(2)(d).

     3.   Notwithstanding subsection b.2.bD(2)(b) at the time of
          tank replacement at an existing retail service station,
          ARB Certified Phase II vapor recovery system shall be
          installed and used thereafter on all of the station
          facilities, except those which are exempt from the Phase
          II requirement by subsection b.2.aD(2)(a).

cE.  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
4l960.2, District personnel have inspected the system or have
authorized its use pending reinspection.  Nothing in this
subsection shall excuse compliance with subsection b.1D(1).

dF.  COMPLIANCE SCHEDULE

For purposes of this Rule, the following compliance schedule shall
apply:

     1.   The owner or operator of any new retail service station
          subject to this section shall comply with the provisions
          of this Rule at the time gasoline is first sold from the
          station.

     2.   The owner or operator of an existing retail service
          station without ARB Certified Phase I and II vapor
          recovery system shall notify the APCO in writing in
          advance of an intended tank replacement and secure all
          permits and other approvals necessary for installation of
          Phase I and II vapor recovery systems.  The owner or
          operator or an existing retail service station shall
          comply with the provisions of this Rule upon completion
          of the tank replacement.

     3.   The owner or operator of an existing retail service
          station subject to this Rule, who has not earlier
          complied in accordance with subsection d.2F(2) shall
          within 15 months after District adoption of this Rule
          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 within 24 months after District adoption of
          this Rule.

     4.   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 the Rule's
          provisions in accordance with subsection d.3F(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 this Rule.