MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT


RULE 1002
TRANSFER OF GASOLINE INTO VEHICLE FUEL TANKS

(Adopted February 22, 1989; Revised November 23, 1994)
 
CONTENTS

PART1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 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 Maintenance
3.3 Prohibition of Use
3.4 Posting of Operating Instructions
 
PART 4 ADMINISTRATIVE REQUIREMENTS 
4.1 Compliance Schedule
 

PART 1 GENERAL
 
1.1 Purpose
This Rule complies with Health & 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 has been in effect since February 22, 1989. The rule in its present form is effective on November 23, 1994. Additional effective dates for specific requirements are provided in Part 4.
1.5 References
 The requirements of this rule arise from the provisions of:
1.5.1 Title 17 of the California Code of Regulations, Section 94006; and
 
1.5.2 California Health and Safety Code Section 39666 (d).
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
Any existing gasoline dispensing facility which is replacing or adding one or more stationary storage containers.
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 a system, certified by the California Air Resources Board, that will prevent at least 95% by weight of such gasoline vapors from entering the atmosphere.
3.2 Equipment Maintenance
A person shall not transfer, or permit the transfer, or provide 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 operated and maintained with none of the defects identified in Title 17 of the California Code of Regulations, Section 94006 or identified in an ARB Executive Order certifying a system pursuant to the Certification Procedures incorporated in Section 94001 of Title 17 as substantially impairing the effectiveness of the system in reducing air contaminants.
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 Health and Safety Code or specified in Section 3.2.2 of this rule, 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 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 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 Compliance Schedule
For purposes of this section, the following compliance schedule shall apply:
4.1.1 The owner or operator of any new gasoline dispensing facility subject to Section 3.1 shall have all required equipment in place and operating in compliance with Part 3.0 at the time gasoline is first dispensed from the facility.
 
4.1.2 The owner or operator of a modified gasoline dispensing facility (defined at Section 2.6 above) subject to Section 3.1 shall have all required equipment in place and operating in compliance with Part 3.0 no later than February 22, 1991 or upon completion of the modification, consisting of the addition or replacement of at least one stationary storage container, whichever is later.

4.1.3 The owner or operator 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 shall have all required equipment in place and operating in compliance with Part 3.0 no later than February 22, 1991.

4.1.4 The owner or operator of an existing gasoline dispensing facility subject to Section 3.1 with an annual gasoline throughput of 120,000 gallons to 479,999 gallons, and meets the following criteria set forth in Subsections 4.1.4.1 and 4.1.4.2, or 4.1.4.3 as determined by the District, 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 shall have all required equipment in place and operating in compliance with Part 3.0 no later than February 22, 1993.

4.1.4.1 The gasoline dispensing facility shall be geographically located greater than five (5) miles from the next gasoline dispensing facility, and
4.1.4.2 Application of this rule to the subject gasoline dispensing facility would create a significant financial hardship such that the facility would be forced to close its lawful business without a corresponding benefit to air quality and reduced benzene risk, or
4.1.4.3 The closure of the gasoline dispensing facility would significantly deprive a geographic location of any access to a local gasoline dispensing facility.
4.1.5 The owner or operator 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 susbsequently 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 shall have all required equipment in place and operating in compliance with Part 3.0 no later than 12 months from the first day the facility is determined to be subject to this subsection.

4.1.6 The owner or operator 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 shall comply with the provisions of Part 3.0. 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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