MENAQMD RULE R3-1 ATCM BENZENE EMIS RETAIL SERVICE STATIONS          
LAST REVISED 08/20/91

          
          REGULATION 3 - SECTION 1



         RULE 1-100 - TITLE


                           AIRBORNE TOXIC CONTROL MEASURE
                  FOR BENZENE EMISSIONS FROM RETAIL SERVICE STATIONS

          This regulation is adopted pursuant to the provisions of Sections
          93100 and 93101, Titles 17 and 26, California Code of Regulations
          (CCR).

                                [Adopted January 10, 1989, August 20, 1991]

          RULE 1-110 - PURPOSE

          On January 25, 1985, pursuant to Section 39662 of the Health and
          Safety Code, the Air Resources Board (ARB) identified benzene as
          a toxic air contaminant for which there is not sufficient
          available scientific evidence to support the identification of a
          threshold exposure level below which no significant adverse
          health effects are anticipated (see Title 17, California
          Administrative Code, Section 93000).  This airborne toxic control
          measure will reduce benzene emissions from retail service
          stations and resulting cancer risk and cancer incidence to the
          lowest level achievable through application of best available
          control technology at stations subject to this measure.

          RULE 1-120 - APPLICABILITY

          This regulation shall apply to any new or modified retail service
          station constructed or modified after January 16, 1989; or to any
          existing retail service station with a gasoline throughput in
          excess of 480,000 gallons per year in 1988, or any calender year
          thereafter.

          RULE 1-130 - DEFINITIONS

          (a)  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.

          (b)  DISTRICT:

          The County Air Pollution Control District as required by Section
          40002 of the California Health and Safety Code or a multi-county
          unified district authorized by Chapter 3, Part 3, Division 26 of
          said code.

          (c)  EXCAVATION:

          Exposure to view by digging.

          (d)  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.

          (e)  HOLD-OPEN LATCH:

          A device which is part of an ARB-certified vapor recovery system
          and which allows for the hands-off refueling of a vehicle.

          (f)  LEAK FREE:

          A liquid leak of no more than three drops per minute excluding
          losses which occur upon disconnecting transfer fittings, provided
          such disconnect losses do not exceed 10 milliliters (0.34 fluid
          ounces) per disconnect, averaged over three disconnects.

          (g)  MOTOR VEHICLE:

          The same meaning as defined in Section 415 of the Vehicle
          Code.

          (h)  OWNER OR OPERATOR:

          An owner or operator of a retail service station.

          (i)  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.

          (j)  PHASE II VAPOR RECOVERY SYSTEM:

          A gasoline vapor recovery system which recovers vapors during the
          fueling of motor vehicles from stationary storage tanks.

          (k)  RETAIL SERVICE STATION:

          Any new or existing motor vehicle fueling service station subject
          to payment of California sales tax on gasoline sales.

          (l)  EXISTING RETAIL SERVICE STATION:

          Any retail service station operating, constructed, or under
          construction as of January 16, 1989.

          (m)  NEW RETAIL SERVICE STATION:

          Any retail service station which is not constructed or being
          modified as of January 16, 1989.

          (n)  MODIFIED RETAIL SERVICE STATION:

          Replacement of one or more stationary storage tanks at an
          existing station or excavation of 50 percent or more of an
          existing retail station's total underground liquid piping from
          the stationary storage tanks to the gasoline dispensers.

          (o)  TOPPING OFF:

          An attempt to dispense gasoline to a motor vehicle fuel tank
          after a vapor recovery dispensing nozzle has shut off
          automatically.

          (p)  THROUGHPUT:

          The volume of gasoline dispensed at a retail service station in
          any calendar year.

          (q)  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 in.)
          from the source or no visible evidence of air entrainment in the
          sight glasses of liquid delivery hoses.

          RULE 1-200 - PERMITS

          (a)  Any owner or operator of an existing retail service station
          with a throughput in excess of 480,000 gallons per year in the
          calender year 1988, or any year thereafter, shall file an
          application for an Authority to Construct Phase I and Phase II
          vapor recovery systems with the District. The application shall
          be filed with the District prior to April 1, 1990, and the
          applicant shall pay the fees as specified in Rule 1-300 - Fees.

          (b)  Any owner or operator of a new retail service station of any
          throughput constructed after January 16, 1989, or of a modified
          retail service station of any throughput for which modifications
          are made after January 16, 1989, shall file an application for an
          Authority to Construct Phase I and II vapor recovery systems with
          the District prior to the start of construction, and shall pay
          the Fees as specified in Rule 1-300 - Fees.

          RULE 1-300 - FEES

          (a)  INITIAL FEE

             (1)  Every applicant for an Authority to Construct at any
          existing retail service station as required by this regulation
          shall submit an application and plans to the District prior to
          April 1, 1990. The initial fee required with this application
          shall be $100.00 per retail service station plus $20.00 per
          gasoline dispensing nozzle.

             (2)  Every applicant for a Authority to Construct a new retail
          service station or to make modifications at an existing retail
          service station shall submit an application and plans to the
          District prior to the start of construction of the new station or
          modifications. The initial fee required with this application
          shall be $100.00 per retail service station plus $20.00 per
          gasoline dispensing nozzle.

          (b)  ANNUAL RENEWAL FEE

             (1)  On February 1, 1991, and each February 1 thereafter, all
          holders of a Permit to Operate shall be notified by the District
          of the annual permit renewal fees of $100.00 per retail service
          station plus $10.00 per gasoline dispensing nozzle.

             (2)  The permittee shall pay such annual renewal fee to the
          District Office in person or by mail postmarked no later than
          March 31 of that year. If the renewal fee is not paid by March
          31, the fee shall be increased by one-half the amount thereof,
          and the District shall thereupon promptly notify the permittee by
          mail of the increased fee. If the increased fee is not paid
          within 60 days after such notice, the permit shall be immediately
          suspended and the District shall so notify the permittee by mail.
          Any suspended permit may be reinstated only upon payment in full
          of all accrued fees and penalties.

             (3)  It is hereby determined that the cost of reviewing permit
          applications, issuing authorizations, and of inspections, testing
          and monitoring pertaining to such issuance, exceeds the fees
          prescribed herein.

          (c)  TRANSFER OF OWNER

          Where an application is filed for a Permit to Operate any retail
          service station by reason of transfer of owner, and where a Permit 
          to Operate had previously been granted under Rule 1-200 and no 
          modifications to the station have been made the applicant shall 
          pay a $10 transfer fee.

          (d)  ALTERATION OF EQUIPMENT

          Where an application is filed for an Authority to Construct or a
          Permit to Operate exclusively involving revisions to the
          conditions of an existing Authority to Construct or Permit to
          Operate or involving alterations or additions resulting in a
          change to any existing retail service station holding a permit 
          under the provisions of this Regulation, the permit fee shall be
          recalculated to show any rating changes and pro-rated for the
          balance of the annual permit period.
          
          (e)  DUPLICATE PERMIT

          A request for a duplicate Permit to Operate shall be made in
          writing to the District within 10 days after the destruction, 
          loss or defacement of a Permit to Operate and shall contain the 
          reason a duplicate permit is being requested. A fee of $10 shall 
          be paid for a duplicate Permit to Operate.

          (f)  LATE FEE PENALTY

          If any retail service station is constructed, modified, or
          operated without the owner or operator obtaining an Authority to
          Construct in accordance with Rule 1-200, the applicant shall be
          assessed a late fee penalty which is one and one-half times the
          applicable initial fee. The assessment of a late fee penalty
          shall not limit the District's right to pursue any other remedy
          provided for by law.

          RULE 1-400 - BENZENE CONTROL FROM RETAIL SERVICE STATIONS

          (a)  PHASE I VAPOR RECOVERY SYSTEM REQUIREMENTS.

             (1)  No owner or operator shall transfer, allow 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. The ARB-certified Phase I vapor
          recovery system shall meet a 90% vapor recovery efficiency as
          determined by ARB Test Method 2-1 or equivalent.

             (2)  The provisions of Rule 1-400 (a) (1) shall not apply to:

                (a)  An existing retail service station with a gasoline
          throughput of 480,000 or fewer gallons during the calendar year
          1988. If during any calendar year thereafter the gasoline
          throughput at any existing retail service station exceeds 480,000
          gallons, this exemption shall cease to apply commencing with the
          first day of the following calendar year.

                (b)  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)  At the time of modifications at any existing retail
          service station of any throughput, ARB-certified Phase I vapor
          recovery systems shall be installed and used thereafter on all of
          the station facilities, except those stations which are exempt
          from the Phase I requirement by Rule 1-400 (a) (2) (B).

          (b)  PHASE II VAPOR RECOVERY SYSTEM REQUIREMENTS.

             (1)  No owner or operator shall transfer, allow 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.  The ARB-certified
          Phase II vapor recovery system shall meet a 90% vapor recovery
          efficiency as determined by ARB Test Method 2-1 or equivalent.

             (2)  The provisions of Rule 1-400 (b)(1) hall not apply to an
          existing retail service station which qualifies under the
          throughput exemption for Phase I requirements of Rule 1-400 (a)
          (2) (A).

             (3)  At the time of modifications at any existing retail service
          station of any throughput, ARB-certified Phase II vapor recovery
          systems shall be installed and used thereafter on all of the
          station facilities.

          (4)  The operator of each retail facility utilizing a Phase II
          system shall conspicuously post operating instructions for the
          system in the gasoline dispensing area. The instructions shall
          clearly describe how to fuel vehicles correctly with vapor
          recovery nozzles utilized at the station, and shall include a
          warning that topping off may result in spillage or recirculation
          of gasoline and is prohibited.  Additionally, the instructions
          shall include a prominent display of the District's or the ARB's
          toll free telephone number for complaints.

          RULE 1-500 - COMPLIANCE ENFORCEMENT

          (a)  No owner or operator of a retail service station, subject to
          the requirements of Rule 1-400 (a), shall transfer or allow the 
          transfer of gasoline from a gasoline delivery tank into a 
          stationary storage tank unless the Phase I vapor recovery system 
          is operating in accordance with the manufacturers specifications 
          and is maintained to be leak free, vapor tight and in good working
          order.

          (b)  Phase II gasoline vapor recovery equipment shall be maintained
          to be leak free, vapor tight and in good working order.  Whenever
          the APCO determines that a Phase II vapor recovery system
          contains a defect the APCO shall mark such system or component
          "Out of Order".  No owner or operator shall use or allow the use
          of any Phase II system or any component thereof containing a
          defect identified in Title 17, California Administrative Code,
          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.

          Phase II vapor recovery systems shall not be operated with
          defects including:

                (1)  Torn or cut boots

                (2)  Torn or cut face seals or face cones

                (3)  Loose or broken retractors
                
                (4)  Boots clamped or held in an open position

                (5)  Leaking nozzles

                (6)  Loose, missing or disconnected nozzle components

                (7)  Crimped, cut or damaged vapor or fuel hoses)

                (8)  Vapor assist recovery systems damaged, turned-off or
                     inoperative

                (9)  Non-"ARB certified" equipment or components

          RULE 1-600 - COMPLIANCE SCHEDULE

          (a)  Effective January 16, 1989, the owner or operator of any new
          or modified retail service station subject to this regulation
          shall comply with all its provisions at the time gasoline is
          first sold from the new or modified station.


          (b)  The owner or operator of an existing retail service station
          subject to this regulation shall prior to April 1, 1990, secure
          an Authority to Construct from the District for installation of
          the equipment required by Rule 1-400. The owner or operator shall
          comply with all the provisions of Rule 1-400 prior to January 1,
          1991.


          (c)  The owner or operator of an existing 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
          are no longer applicable, shall comply with the provisions of
          Rule 1-400 within 12 months after loss of said exemptions.


                        (Adopted January 10, 1989; amended August 20, 1991)