NCUAQMD RULE 3-1-400 BENZENE CNTRL RETAIL SERV STNS
LAST REVISED 11/11/11

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) shall 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.

This provision shall not apply to any new or remotely located retail gasoline service station, open to the public, which has past and anticipated future annual throughput of 75,000 gallons or less. A remotely located service station is one which is located 30 miles travel or more from the nearest publicly available permitted or existing retail service station at the time of initial permitting or a retail gasoline station with an equivalent travel distance and throughput combination that provides an overall air quality benefit. During any calendar year thereafter, if annual throughput exceeds 75,000, this exemption shall cease to apply. The plumbing for Phase II shall be required to be installed to the extent practicable by issued permit to construct or modify.

(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.