MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 1002 - TRANSFER OF GASOLINE INTO VEHICLE FUEL TANKS
(Adopted February 22, 1989; Revised November 23, 1994 and April 21, 1999.)

REGULATION X
TOXIC AIR CONTAMINANTS

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 Related Rules and References

PART 2 DEFINITIONS

2.1 ARB-Certified Vapor Recovery System
2.2 Existing Gasoline Dispensing Facility
2.3 Gasoline
2.4 Gasoline Dispensing Facility
2.5 Leak Free
2.6 Modified Gasoline Dispensing Facility
2.7 New Gasoline Dispensing Facility
2.8 Phase I Vapor Recovery System
2.9 Phase II Vapor Recovery System
2.10 Throughput
2.11 Vapor-tight

PART 3 REQUIREMENTS AND STANDARDS

3.1 Transfer Requirements
3.2 Equipment Requirements
3.3 Prohibition of Use
3.4 Seven-Day Notice to Correct
3.5 Posting of Operating Instructions

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 New Gasoline Dispensing Facilities
4.2 Modified Gasoline Dispensing Facilities
4.3 Existing Gasoline Dispensing Facilities
4.4 Previously Exempt Gasoline Dispensing Facilities





PART 1 GENERAL

1.1 Purpose
This Rule complies with California Health and Safety Code section 39666(d) by establishing control requirements for the reduction of benzene emissions from gasoline dispensing facilities.

1.2 Applicability
The provisions of this Rule shall apply to any new, or modified, or existing gasoline dispensing facility.

1.3 Exemptions
The following facilities are exempt from the requirements of this Rule:

1.3.1 Facilities which are exempt from the Phase I vapor recovery requirements of Rule 418.
1.3.2 Facilities which exclusively refuel motor vehicle tanks with a capacity of 5 gallons or less.
1.3.3 Facilities which exclusively refuel vehicles which are not motor vehicles as defined by the California Vehicle Code.

1.4 Effective Dates
This Rule, as most recently revised, is effective May 21, 1999. Additional effective dates for specific requirements are provided in Part 4.

1.5 Related Rules and References
The requirements of this Rule arise from the provisions of:

1.5.1 Title 17 of the California Code of Regulations, section 94000 et seq.;
1.5.2 California Health and Safety Code section 39666 ; and
1.5.3 California Health and Safety Code section 41954.
Related or referenced District rules include:
1.5.4 Rule 418 (Transfer of Gasoline into Stationary Storage Containers).


PART 2 DEFINITIONS

2.1 ARB-Certified Vapor Recovery System
A vapor recovery system which has been certified by the California Air Resources Board (ARB) pursuant to section 41954 of the California Health and Safety Code.

2.2 Existing Gasoline Dispensing Facility
Any gasoline dispensing facility operating or under construction as of February 22, 1989.

2.3 Gasoline
Any organic liquid (including petroleum distillate and methanol) having a Reid vapor pressure of four pounds per square inch or greater and used as a motor vehicle fuel or any fuel which is commonly or commercially known or sold as gasoline.

2.4 Gasoline Dispensing Facility
Any stationary facility which transfers gasoline from one or more stationary storage containers through one or more fill nozzles directly into the fuel tanks of motor vehicles.

2.5 Leak Free
A liquid leak of less than four drops per minute.

2.6 Modified Gasoline Dispensing Facility

2.6.1 Any gasoline dispensing facility which is replacing or adding underground piping, or one or more stationary storage containers; or
2.6.2 any gasoline dispensing facility already equipped with a Phase II vapor recovery system which is disconnecting or replacing Phase I or Phase II vapor recovery system piping or components; or
2.6.3 any gasoline dispensing facility already equipped with a Phase II vapor recovery system which is installing additional Phase II vapor recovery system piping or components.


2.7 New Gasoline Dispensing Facility
Any gasoline dispensing facility which is not constructed or under construction as of February 22, 1989.

2.8 Phase I Vapor Recovery System
A gasoline vapor recovery system which recovers vapors during the transfer of gasoline from delivery vessels into stationary storage containers.

2.9 Phase II Vapor Recovery System
A gasoline vapor recovery system which recovers vapors during the fueling of motor vehicles from stationary storage containers.

2.10 Throughput
The annual volume of gasoline dispensed at a facility. The annual throughput at an existing gasoline dispensing facility shall be determined initially from actual operations within the three-year period immediately preceding February 22, 1989, and subsequently thereafter on the anniversary date of the Permit to Operate.

2.11 Vapor-tight
Equipment that allows no loss of vapors. A leak of less than 10,000 ppm total volatile organic compounds expressed as methane, or other appropriate value and calibration gas, when measured in accordance with EPA Method 21 (Determination of Volatile Organic Compound Leaks).

PART 3 REQUIREMENTS AND STANDARDS

3.1 Transfer Requirements
A person shall not transfer or permit the transfer of gasoline from a stationary storage container into any motor vehicle fuel tank with a capacity of greater than 5 gallons unless such transfer is made through a fill nozzle which captures the gasoline vapors displaced by the transfer and directs them through the nozzle to an ARB-certified vapor recovery system (defined at Section 2.1 above).

3.1.1 If the certification of an ARB-certified vapor recovery system, or a component thereof, is revoked or modified by the California Air Resources Board under provisions of California Health and Safety Code section 41954, an owner or operator of a facility may continue to operate such a properly installed and operating system or component up to four years from the date of the California Air Resources Board's change to the certification, as long as such equipment is not modified or replaced.


3.2 Equipment Requirements
A person shall not transfer or permit the transfer, or install or sell equipment for the transfer, of gasoline from a stationary storage container subject to the provisions of Section 3.1 into any motor vehicle fuel tank of greater than 5 gallons unless:

3.2.1 The vapor recovery system is operating in accordance with the manufacturer's specifications and is maintained to be leak free, vapor tight, and in good working order; and
3.2.2 The equipment subject to this Rule is certified by the California Air Resources Board; and is operated, tested and maintained in accordance with Title 17 of the California Code of Regulations, sections 94000 et seq., and with the California Air Resources Board Executive Order certifying an applicable system pursuant to the Certification Procedures incorporated in section 94001 of Title 17.

3.3 Prohibition of Use
Whenever the District determines that a Phase II vapor recovery system, or any component thereof, contains a defect specified by the California Air Resources Board pursuant to section 41960.2(c) of the California Health and Safety Code, the District shall mark such system or component "Out of Order". No person shall use or permit the use of such marked component or system until it has been repaired, replaced or adjusted, as required to permit proper operation, and the District has reinspected it or has authorized its use pending reinspection.

3.4 Seven-Day Notice to Correct
Whenever the District determines that a Phase II vapor recovery system, or any component thereof, is not in good working order but does not contain a defect specified by the California Air Resources Board pursuant to section 41960.2(c) of the California Health and Safety Code, the District shall provide the operator with a "Seven-Day Notice to Correct" specifying the basis on which the component is not in good working order. Within seven days of such notice, the operator must ensure that the system or component is in good working order.

3.5 Posting of Operating Instructions
The owner or operator of each gasoline dispensing facility requiring a Phase II vapor recovery system shall conspicuously post in the gasoline dispensing area operating instructions for the system and the District's or the California Air Resources Board's telephone number for complaints. The instructions shall clearly describe how to fuel vehicles correctly with the vapor recovery nozzles, and shall include a warning that topping off may result in spillage or recirculation of gasoline.

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 New Gasoline Dispensing Facilities
The owner or operator, or their contractor or agent, of any new gasoline dispensing facility subject to Section 3.1 shall secure all permits and other approvals necessary for installation of the equipment required by Section 3.1 prior to construction of the facility. The owner or operator, or their contractor or agent, shall have all required equipment in place and operating in compliance with Part 3 at the time gasoline is first dispensed from the facility.

4.2 Modified Gasoline Dispensing Facilities
The owner or operator, or their contractor or agent, of a modified gasoline dispensing facility (defined at Section 2.6 above) subject to Section 3.1 shall secure all permits and other approvals necessary for installation of the equipment required by Section 3.1 prior to modification to the facility. The owner or operator, or their contractor or agent, of a modified gasoline dispensing facility subject to Section 3.1 shall have all required equipment in place and operating in compliance with Part 3 upon completion of the modification.

4.3 Existing Gasoline Dispensing Facilities

4.3.1 The owner or operator, or their contractor or agent, of an existing gasoline dispensing facility subject to Section 3.1 with an annual gasoline throughput of 120,000 gallons or greater shall secure all permits and other approvals necessary for installation of the equipment required by Section 3.1 no later than February 22, 1990. The owner or operator, or their contractor or agent, shall have all required equipment in place and operating in compliance with Part 3 no later than February 22, 1991.
4.3.2 The owner or operator, or their contractor or agent, of any existing gasoline dispensing facility subject to Section 3.1 with a previously determined annual gasoline throughput of exclusively less than 120,000 gallons, and with an annual gasoline throughput subsequently determined to be 120,000 gallons or greater, shall secure all permits and other approvals necessary for installation of the equipment required by Section 3.1 no later than 6 months from the first day the facility is determined to be subject to this subsection. The owner or operator, or their contractor or agent, shall have all required equipment in place and operating in compliance with Part 3 no later than 12 months from the first day the facility is determined to be subject to this subsection.

4.4 Previously Exempt Gasoline Dispensing Facilities
The owner or operator, or their contractor or agent, of any previously exempt gasoline dispensing facility, where the operation has changed such that the exemption is no longer applicable, shall be subject to Section 3.1, and secure all permits and other approvals necessary for installation of the equipment required by Section 3.1 no later than 6 months from the first day the facility is determined to be no longer exempt from Section 3.1. The owner or operator, or their contractor or agent shall have all required equipment in place and operating in compliance with the provisions of Part 3 no later than 12 months from the first day the facility is determined to be no longer exempt from Section 3.1 of this Rule.
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