AIRBORNE TOXIC CONTROL MEASURE FOR
BENZENE EMISSIONS FROM GASOLINE
DISPENSING FACILITIES
FUEL STORAGE AND DISPENSING
FACILITY SCHEDULE
RULE 1-400 - BENZENE CONTROL FROM GASOLINE DISPENSING FACILITIES
RULE 1-500 - COMPLIANCE ENFORCEMENT
RULE 1-600 - COMPLIANCE SCHEDULE
This regulation is adopted pursuant to the
provisions of Sections 93100 and 93101, Titles 17 and 26, California Code of
Regulations (CCR).
[Adopted
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
gasoline dispensing facilities and resulting cancer risk and cancer incidence
to the lowest level achievable through application of best available control
technology at facilities subject to this measure.
This regulation shall apply to any new or
modified gasoline dispensing facilities constructed or modified after
A gasoline dispensing facility shall be exempt
from this Regulation if it meets all of the following criteria:
(a) It
is not a retail service station.
(b) It
has less than 3,000 gallons per year throughput.
(c) It
has less than 500 gallons throughput in any one month.
(d) It
has a calculated screening risk value for benzene of less than ten in a million
at the nearest property line using the current California Office of Health
Hazard Assessment screening methodology, or such other methodology as may be
approved by the Air Pollution Control Officer.
(a1) ARB Certified Vapor Recovery System
A
vapor recovery system that has been certified by the state board pursuant to Section
41954 of the Health and Safety Code.
(d1) District
The Mendocino County
Air Quality Management District as required by Section 40002 of the California
Health and Safety Code.
(e1) Excavation
Exposure
to view by digging.
(e2) Existing Gasoline Dispensing Facility
Any gasoline
dispensing facility operating, constructed, or under construction as of
(g1) 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.
(g2) Gasoline Dispensing Facility
Any new or existing
facility constructed for the storage and transfer of gasoline.
(h1) Hold-Open Latch
A device that is part
of an ARB-certified vapor recovery system and that allows for the hands-off
refueling of a vehicle.
(l1) 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.
(m1) Major Modification:
“Major Modification” as
it applies to gasoline dispensing facilities means the addition, replacement,
or removal of an underground storage tank, underground piping, vapor piping
within a dispenser, or a dispenser of an existing installation. The replacement of a dispenser is not a major
modification when the replacement is occasioned by end user damage to a
dispenser. [Adopted
(m2) Modified Gasoline Dispensing Facility
Replacement of one or
more stationary gasoline storage tanks at an existing gasoline dispensing
facility or excavation of 50 percent or more of an existing gasoline dispensing
facility’s total underground liquid piping from the stationary storage tanks to
the gasoline dispensers.
(m3) Motor Vehicle
The same meaning as
defined in Section 415 of the Vehicle Code.
(n1) New Gasoline Dispensing Facility
Any
gasoline dispensing facility that was not constructed or being modified as of
(o1) Owner or Operator
An
owner or operator of a gasoline dispensing facility.
(p1) Phase I Vapor Recovery System
A gasoline vapor
recovery system that recovers vapors during the transfer of gasoline from
delivery tanks into stationary storage tanks.
(p2) Phase II Vapor Recovery System
A gasoline vapor recovery
system that recovers vapors during the fueling of motor vehicles from
stationary storage tanks.
(r1) Retail Service Station
Any
new or existing motor vehicle-fueling service station subject to payment of
(t1) Topping Off
An attempt to dispense
gasoline to a motor vehicle fuel tank after a vapor recovery dispensing nozzle
has shut off automatically.
(t2) Throughput
The volume of gasoline
dispensed at a gasoline dispensing facility in any calendar year.
(v1) 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
entrapment in the sight glasses of liquid delivery hoses.
(a) Any owner or operator of an existing gasoline
dispensing facility with a throughput in excess of 480,000 gallons per year in
the calendar 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
(b) Any owner or operator of a new gasoline dispensing
facility 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 3.1-300 - Fees.
Every gasoline dispensing facility subject to permit
by the District, including any federal, state or local government agency or
public district, shall be subject to the fees scheduled below.
The fee schedules shall be adjusted annually in
accordance with Section 42311 of the California Health and Safety Code and
Section 2212 of the Revenue and Taxation Code to account for changes in the
California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of
District programs for the immediately preceding year with an adjustment not
greater than the change in the annual California Consumer Price Index.
[Amended
(a) Initial Fee
(1) Every applicant for an Authority to Construct a new gasoline dispensing facility or to make modifications
at an existing gasoline dispensing facility shall submit an application and
plans to the District prior to the start of construction of the new station or
of the modifications. The applicant
shall pay an application fee in the amount prescribed in Regulation 1, Rule
1-300(a)(1).
(b) Annual Renewal Fee
(1) On
REGULATION 1, RULE 310,
SCHEDULE 9
FUEL STORAGE AND DISPENSING FACILITY SCHEDULE
Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, through which fuel is stored and/or dispensed, shall be assessed a permit fee based upon the previous year’s throughput in gallons per year in accordance with the following schedule:
Control
System
|
Initial
Application Fee
|
Annual
Permit Fee
|
No
vapor recovery system
|
$100
+ $2.00/1000gal
|
$60
+ $2.50/1000gal
|
Phase
I vapor recovery system only
|
$200
+ $3.00/1000gal
|
$60
+ $2.25/1000gal
|
Phase
II vapor recovery system only
|
$200
+ $3.00/1000gal
|
$60
+ $2.00/1000gal
|
Phase
I and II vapor recovery system
|
$300
+ $4.00/1000gal
|
$60
+$1.75/1000gal
|
Adjusted
annually to account for changes in the previous years CPI factor.
[Adopted
(2) The Permit Holder shall pay such annual
renewal fee to the District Office in person or by mail postmarked no later
than August 30 of that year. If the renewal fee is not paid by August 30, the
fee shall be increased by one-half the amount thereof, and the District shall
thereupon promptly notify the Permit Holder 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 Permit Holder by mail. Any suspended permit may be reinstated only
upon payment in full of all accrued fees and penalties or by filing a new
application complete with application fee.
Annual permit fees will continue to be required until such time as the
Authority to Construct and/or Permit to Operate cancellation or denial becomes
final and all operations involving the gasoline dispensing facility have
ceased.
[Amended
(c) Transfer of Ownership
An applicant for a
Permit to Operate an existing gasoline dispensing facility because of change of
ownership, for which a Permit to Operate has previously been granted, and to
which no modifications have been made, shall pay a $50.00 transfer fee per
facility.
(d) 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 $30 shall be paid
for a duplicate Permit to Operate.
(e) Late Fee Penalty
If
any gasoline dispensing facility is constructed, modified, or operated without
the owner or operator obtaining an Authority to Construct in accordance with
Rule 3.1-200, the applicant shall be assessed a late fee penalty that 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.
(f) Re-inspection Fee
(1) Facilities requiring a repeat of a
scheduled equipment compliance test under observation by a District inspector
will be billed for inspector time at a per hour rate determined each year by
the Air Pollution Control Officer based on the District’s stationary source
program costs.
(2) Facilities requiring a reinspection to
verify correction of non-complying equipment will be billed for inspector time
at a per hour rate determined each year by the Air Pollution Control Officer
based on the District’s stationary source program costs.
(g) Certification
It is hereby
determined that the cost of reviewing permit applications, issuing
authorizations, conducting inspections, testing and monitoring, and such other
activities described herein pertaining to such permits, exceeds the fees
prescribed herein.
[Adopted
RULE 1-400 - BENZENE
CONTROL FROM GASOLINE DISPENSING FACILITIES
(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 gasoline dispensing
facility 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 3.1-400 (a)(1) shall not apply to:
(a) An existing gasoline dispensing facility
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 gasoline dispensing facility 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 gasoline dispensing facility that 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 gasoline dispensing facility of any throughput, ARB-certified Phase I
vapor recovery systems shall be installed and used thereafter, except those
gasoline dispensing facility which are exempt from the Phase I requirement by
Rule 3.1-400 (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 gasoline dispensing facility 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 3.1-400 (b)(1) shall not apply to an existing retail service station
that qualifies under the throughput exemption for Phase I requirements of Rule
3.1-400 (a) (2) (A).
(3) At the time of modifications at any
existing gasoline dispensing facility of any throughput, ARB-certified Phase II
vapor recovery systems shall be installed and used thereafter provided an ARB
certified Phase II system exists.
(4) The operator of each gasoline dispensing
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 facility, 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 Air Resources Board's toll free
telephone number for complaints.
RULE 1-500 -
COMPLIANCE ENFORCEMENT
(a) No owner or operator of a gasoline dispensing
facility, subject to the requirements of Rule 3.1-400 (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 Air Pollution
Control Officer or a District Inspector determines that a Phase II vapor
recovery system contains a defect the Air Pollution Control Officer or
Inspector 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 re-inspected the system or have authorized its use pending
re-inspection. 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
(b) The owner or operator of an existing gasoline
dispensing facility, subject to this regulation, shall prior to
(c) The owner or operator of an existing gasoline
dispensing facility 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 3.1-400 within 12
months after loss of said exemptions.
Adopted