REGULATION II

PROHIBITIONS 

 

Rule 215 Phase II Vapor Recovery System Requirements

Part 1.0 General

1.1 Purpose

To limit the emission of gasoline vapor into the atmosphere during 

the filling of motor vehicle fuel tanks. 

1.2 Applicability 

The provisions of this Rule shall apply to the transfer of gasoline 

from any stationary storage tank or delivery vessel into any motor 

vehicle fuel tank. Requirements of this Rule depend on whether an 

area is designated as attainment/unclassified or non-attainment for 

any federal ozone standard. Part 3.0 applies to areas that have not 

been federally designated as non-attainment and Part 4.0 applies 

to areas that have been designated as non-attainment. Parts 1.0 

(General), 2.0 (Definitions) and 5.0 (Monitoring and Records) apply 

to all areas. 

Part 2.0 Definitions

APCO: Air Pollution Control Officer or Executive Director of the Northern 

Sierra Air Quality Management District, or an authorized representative 

thereof. 

Background: A reading as methane on a portable hydrocarbon detection 

instruction which is observed at least three (3) meters upwind from the 

device to be inspected and reasonably uninfluenced by any specific 

emission point. 

CARB: The California Air Resources Board. 

CARB Certified: A Phase I or Phase II vapor recovery system, 

equipment, or any component thereof, for which CARB has evaluated its 

performance and issued a valid Executive Order pursuant to Health and 

Safety Code Section 41954. Each component of a system is a separate 

CARB certified item and cannot be replaced with a non-certified item or 

other items that are not certified for use with that particular system. 

Except for qualified repairs, a CARB certified component shall be as 

supplied by the qualified manufacturer. A rebuilt component shall not be 

deemed as CARB certified unless the person who rebuilds the component 

is authorized by CARB to rebuild that specific CARB certified component. 

Delivery Vessel: Any motor vehicle, trailer, or rail car used for the 

transportation of gasoline. 

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E85: Any Alternative vehicle fuel with a nominal 85 percent ethanol 

composition, having a Reid vapor pressure of 4 pounds per square inch 

or greater and meeting the specifications of Title 13 CCR Section 2292.4. 

Emergency: An unforeseen combination of circumstances that calls for 

immediate action to prevent further injury, loss of life or damage to 

property. 

Emergency Motor Vehicle: A motor vehicle used for fire fighting 

purposes. 

Executive Order: A document issued by CARB pursuant to Health and 

Safety Code Section 41954 certifying that a specific vapor recovery 

system meets the applicable performance specifications and setting 

conditions for the certification. 

Gasoline: Any petroleum distillate or petroleum distillate/alcohol blend 

having a Reid vapor pressure of 4 pounds per square inch absolute or 

greater as determined by a method specified in Section 5.1(A). 

Gasoline Dispensing Facility: A mobile fueler or a stationary source 

consisting of one or more storage tanks and associated equipment that 

receives, stores and dispenses gasoline to motor vehicle fuel tanks. 

Hold-open Latches: A hold-open latch is any device permanently 

attached to a gasoline dispensing nozzle for the purpose of providing a 

continuous flow of gasoline after the operator has started the flow, without 

the operator’s continued assistance. 

Installer/Contractor: A person(s) engaged in the installation, alteration, 

repair or replacement of a vapor recovery system or its components at a 

gasoline dispensing facility. 

Leak Free: A liquid leak of less than three drops in any minute. 

Mobile Fueler: Any gasoline delivery vessel with an attached container 

that is used to transport and dispense gasoline from an onboard storage 

container into any motor vehicle fuel tank. 

Motor Vehicle: Any self-propelled vehicle as defined in Section 415 of 

the California Vehicle Code. 

Onboard Refueling Vapor Recovery (ORVR): A vehicle-based vapor 

recovery system required by California Code of Regulations, Title 13, 

Section 1978, or Title 40, Code of Federal Regulations, Part 86. 

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Owner/Operator: Any person who owns, leases, or operates a gasoline 

dispensing facility. 

Rebuild/Rebuilt: Repairs, replacement, or reconstructions to any part of 

a component of a vapor recovery system that forms the gasoline vapor 

passage of the component, or that comes in contact with the recovered 

gasoline vapors in the component. Rebuild does not include the 

replacement of a complete component with another CARB certified 

complete component; nor does it include the replacement of a spout, 

bellows, or vapor guard of a CARB certified nozzle. The new part shall be 

CARB certified and as supplied by the qualified manufacturer specifically 

for the CARB certified nozzle. 

Retail Gasoline Dispensing Facility: A gasoline dispensing facility 

subject to payment of California sales tax on gasoline sales. 

Six Month Average Monthly Gasoline Throughput: The sum of a 

gasoline dispensing facility’s total gasoline throughput for six months 

divided by six. 

Summer Fuel: Gasoline that is required to comply with the requirements 

of Title 13 CCR, Section 2262.4. 

Tester: Any person(s) who conducts a performance or re-verification test 

as required by this Rule or by a CARB Executive Order. 

Topping Off: An attempt by a person filling up a motor vehicle to 

dispense gasoline after the dispensing nozzle primary shut-off mechanism 

has engaged. The filling of a motor vehicle tank that, because of the 

configuration of the fill pipe, causes premature activation of the primary 

shutoff mechanism shall not be considered topping off. 

Vapor Recovery Equipment Defects List: A list of defects CARB has 

identified as substantially impairing the efficiency of the vapor recovery 

system, incorporated by reference in Title 17 CCR Section 94006, 

pursuant to California Health & Safety Code Section 41960.2(c). 

Vapor Tight: A condition under which the concentration of total organic 

compounds does not exceed 10,000 ppmv (expressed as methane) above 

background, as determined pursuant to Section 5.1(B). 

VRED List: Vapor Recovery Equipment Defects List. 

Winter Fuel: Gasoline that is not required to comply with the regulations 

that are applicable to summer fuel. 

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Part 3.0 Federal Ozone Attainment/Unclassified Areas

 The following provisions (3.1 through 3.5) shall apply only in those 

portions of the District that have not been designated as non-attainment 

for any national ambient air quality standard for ozone. 

3.1 Phase II Vapor Recovery System Required 

No owner or operator of a retail service station shall transfer, permit 

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 a CARB-certified Phase II vapor recovery 

system is installed and used during transfer. 

3.2 Exemptions To 3.1

A. Phase I Exempted Tanks

A transfer of gasoline from a stationary storage tank which is 

exempt from Phase I requirements pursuant to Rule 214. 

B. Facilities With Less than 480,000 Gallons Annual 

Throughput

A transfer of gasoline from an existing retail service station 

with an annual gasoline throughput of 480,000 or fewer 

gallons. After the throughput exceeds 480,000 gallons this 

exemption shall expire on January 1 of the following year. 

3.3 Compliance Schedule

A. Throughput in Excess of 480,000 Gallons

If during any calendar year or portion of a calendar year, the 

gasoline throughput from an existing retail service station 

meets or exceeds 480,000 gallons, the exemption pursuant 

to Section 3.2(B) of this Rule will expire. Upon expiration of 

this exemption the owner or operator of the retail service 

station shall: 

i. Immediately notify the APCO, in writing, in advance of 

the intended Phase II vapor recovery installation. 

ii. Secure all necessary permits and other approvals for 

the installation of the Phase II vapor recovery system 

within fifteen (15) months from the date the exemption 

expires. 

iii. Install the Phase II vapor recovery system within two 

(2) years from the date the exemption expires. 

B. New Retail Service Station

The owner or operator of any new retail service station shall 

install and use a CARB-certified Phase II vapor recovery 

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system at the time gasoline is first delivered to the facility. 

C. Tank Replacement

At the time of tank replacement at an existing service station, 

a CARB-certified Phase II vapor recovery system shall be 

installed and used thereafter on all of the station's facilities, 

unless exempted by Rule 214. 

3.4 Operation and Maintenance

A. Fuel Transfer

A person shall not transfer, permit the transfer, or provide 

equipment for the transfer of gasoline from a stationary 

storage tank subject to the provisions of this Rule (Phase II) 

into any motor vehicle fuel tank unless: 

i. 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. 

ii. The equipment subject to this Rule is operated and 

maintained with none of the defects contained in the 

California Code of Regulations, Section 94006. 

B. 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 Northern Sierra Air 

Quality Management District's or CARB’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. 

3.5 Defective Phase II Equipment - Prohibition of Use

Whenever the APCO determines that a Phase II vapor recovery 

system, or any component thereof, contains a defect specified by 

CARB pursuant to Section 3.4(A) of this Rule, the APCO 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 APCO has re-inspected it or has authorized its 

use pending re-inspection. 

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Part 4.0 Federal Ozone Non-attainment Areas

The following provisions (Sections 4.1 through 4.6) shall apply only in 

areas designated as non-attainment for any federal ambient air quality 

standard for ozone. These are in addition to and supersede all other 

provisions of this Rule. 

 4.1 Exemptions

A. Dispensing Equipment for Emergency Motor Vehicles

The provisions of this Rule shall not apply to dispensing 

equipment that is used exclusively for the fueling of 

emergency motor vehicles while on location at an 

emergency. 

B. Dispensing Equipment for Implements of Husbandry

The provisions of this Rule shall not apply to dispensing 

equipment which is used primarily for the fueling of 

implements of husbandry as such vehicles are defined in 

Division 16 (Section 36000 et seq) of the California Vehicle 

Code, if such container is equipped with a permanent 

submerged fill pipe. 

C. Maintenance Inspection

The maintenance inspection requirements in Section 4.2(C)

shall not apply on Saturdays, Sundays, and holidays for 

gasoline dispensing facilities with a six month average 

monthly gasoline throughput of less than 100,000 gallons. 

D. E85

The requirements of this Rule shall not apply to the 

dispensing of E85 into a vehicle fuel tank until CARB 

certifies Phase II vapor recovery systems for the dispensing 

of E85. 

E. Onboard Refueling Vapor Recovery

Except for Sections 4.2(H) and 5.3, the requirements of this 

Rule shall not apply to non-retail gasoline dispensing 

facilities where 100 percent of the vehicles being refueled 

are equipped with onboard refueling vapor recovery (ORVR) 

systems. 

F. International Code Council (ICC) Certification

The requirements of Section 4.4 shall not apply to the 

owner/operator of a gasoline dispensing facility or his/her 

direct employee(s) when replacing any defective nozzles, 

hoses and breakaways with new or CARB certified reNorthern Sierra AQMD Rule 215 - 6 Amended 

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manufactured components of the same make and model, or 

alternatives specifically identified in the latest applicable 

CARB Executive Order. 

4.2 Standards

 A. Vapor Recovery and Control Efficiency Requirements

 A person shall not transfer, or permit the transfer of, gasoline 

from a stationary storage container with a capacity of 250 

gallons or more, or mobile fueler with a capacity of 120 

gallons or more, into any motor vehicle fuel tank with a 

capacity of 5 gallons or more unless the displaced gasoline 

vapors are processed by a CARB certified vapor recovery 

system. The vapor recovery system shall meet the following 

control efficiency requirements. 

 i. For summer fuel, a gasoline vapor control efficiency 

of at least 95% by weight and a mass emission factor 

not exceeding 0.38 pounds of gasoline vapors per 

1,000 gallons of gasoline dispensed. 

ii. For winter fuel, a gasoline vapor control efficiency of 

at least 95% by weight or a mass emission factor not 

exceeding 0.38 pounds of gasoline vapors per 1,000 

gallons of gasoline dispensed. 

 B. Equipment Maintenance

 A person shall not transfer, or permit the transfer, or provide 

equipment for the transfer, of gasoline from a stationary 

storage container or mobile fueler subject to the provisions 

of Section 4.2(A) into any motor vehicle fuel tank of 5 gallons 

or more capacity unless the following requirements are met. 

 i. The vapor recovery system is operating in 

accordance with the applicable CARB Executive 

Orders, the manufacturer’s specifications, and is 

maintained to be leak free, vapor tight, and in good 

working order. 

 ii. The equipment is operated and maintained without 

any of the applicable defects listed in the VRED list. 

 C. Maintenance Inspection 

 i. Maintenance inspections, except as provided in 

Section 4.1(C), shall be conducted for each day the 

vapor recovery system is operated to ensure that 

vapor recovery systems components that are 

verifiable through direct measurement or observation 

are in proper working order. 

 ii. Any equipment with a major defect listed in the VRED 

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List shall be removed from service and tagged to 

ensure that it is not used until it is repaired and 

brought into compliance before being returned to 

service. The owner or operator of a vapor recovery 

system shall insure that the removal from service of 

one component of a vapor recovery system with 

multiple components will not result in gasoline liquid 

or vapors entering the atmosphere. 

 iii. Defects discovered during the maintenance 

inspection and repaired in accordance with Title 17, 

Division 3, Subchapter 7.5, Chapter 1, Section 93101 

of California Code of Regulations such that after 

repair gasoline liquid or vapors do not enter the 

atmosphere shall not constitute a violation of this 

Rule. 

 D. Prohibition of Use

Whenever a Phase II vapor recovery system, or any 

component thereof, contains a defect listed in the VRED List, 

the operator shall mark such system or component “Out of 

Order.” No person shall use or permit the use of such 

marked component or system until is has been repaired, 

replaced, or adjusted, as required to permit proper operation, 

and the APCO has re-inspected it or has authorized its use 

pending re-inspection. 

 E. Posting of Operating Instructions

 The operator of each retail facility utilizing a Phase II system 

shall conspicuously post in the gasoline dispensing area 

operating instructions for the system and the CARB’s 

telephone number for complaints. The instructions shall 

clearly describe how to fuel motor 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 therefore is prohibited. 

 F. Hold-open Latches

All gasoline dispensing nozzles subject to Section 4.2(A) 

shall be equipped with hold open latches unless the usage of 

the hold open latch is prohibited by the local Fire Marshall. 

 G. Prohibition of Sale

A person shall not supply, offer for sale, sell, install or allow 

the installation of any new or rebuilt vapor recovery system 

or any of its components, unless the system and component 

are CARB certified. Each vapor recover system and its 

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components shall be clearly and permanently marked with 

the qualified manufacturer’s name and model number as 

certified by CARB. In addition, any qualified manufacturer 

who rebuilds a component shall also clearly and 

permanently mark the corresponding information on the 

component. 

 H. Onboard Refueling Vapor Recovery 

The owner or operator of a non-retail gasoline dispensing 

facility claiming exemption pursuant to Section 4.1(E) shall 

submit an application pursuant to Rule 401 – Authority to 

Construct Regulations for an Authority to Construct and 

Permit to Operate the gasoline dispensing facility and agree 

to comply with the following conditions. 

i. No fuel shall be dispensed into a vehicle that is not 

owned or under direct control of the owner/operator, 

except for a vehicle being used in an emergency; 

ii. No fuel shall be dispensed into a vehicle not equipped 

with an ORVR system, except for a vehicle being 

used in an emergency. 

iii. The gasoline dispensing facility shall use nozzles that 

are part of a CARB certified vapor recovery system, 

except that the vapor return line shall be sealed off. 

4.3 Test Requirements for Vapor Recovery Systems

The following requirements shall apply to verification of proper 

operation of any vapor recovery system. 

A. Required Tests

Unless otherwise specified in the relevant CARB Executive 

Orders, performance and re-verification tests shall include 

the following, as applicable, according to the test methods 

specified in Section 5.1 of this Rule. 

i. Static Pressure (Leak Decay) Test 

ii. Air-to-Liquid (A/L) ratio test 

iii. Dynamic Back Pressure Test, and 

iv. Liquid Removal Test for balance systems with liquid 

removal device required by the CARB Executive 

Orders if more than 100 ml of liquid is found in the 

vapor path. This shall be determined by lowering the 

gasoline dispensing nozzle into a container and 

draining all liquid, then measuring the amount of liquid 

using a graduated cylinder or graduated beaker. 

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B. Initial Tests 

Within 30 calendar days of completion of construction or 

modification of any vapor recovery system, the owner or 

operator shall conduct and pass all applicable performance 

tests. 

C. Testing Frequency 

The owner/operator of a gasoline dispensing facility shall 

perform and pass all applicable re-verification tests annually, 

or more frequently as required by the applicable CARB 

Executive Order. 

i. Gasoline dispensing facilities shall conduct and pass 

re-verification tests within 30 days of the end of each 

required period following the most recent successful 

test. 

ii. If CARB-certified in-station diagnostics are used, the 

APCO may change the required frequency of reverification testing to no less than once every two 

years if allowed by the applicable CARB Executive 

Orders. 

4.4 Certification 

A. Installers/Contractors 

Installers/contractors shall not install, alter, repair or replace 

a vapor recovery system unless they meet all of the following 

requirements. 

i. Be certified by the International Code Council (ICC) 

for Vapor Recovery System installation and Repair, 

and , if required, be certified by the system 

manufacturer. 

ii. Maintain valid certifications as required in paragraph 

(i). 

iii. Have and make available on site proof of any and all 

certifications required by this Rule, the Executive 

Order and the installation. Operation and 

Maintenance Manual in order to install or maintain 

specific systems. 

B. Testers 

Testers shall not test a vapor recovery system unless they 

meet all of the following requirements. 

i. Effective 3 months after a certification test is 

available, be certified by the International Code 

Council (ICC) for Vapor Recovery System Testing 

and Repair. 

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ii. If required by the Executive Order, be certified by the 

system manufacturer. 

iii. Maintain valid certifications required in paragraphs (i) 

and (ii). 

iv. Have and make available on site proof of any and all 

certifications required by this Rule, the Executive 

Order and the Installation, Operation and 

Maintenance Manual in order to test specific systems. 

4.5 Operation and Maintenance Manual 

The owner/operator of a vapor recovery system shall have 

available an operation and maintenance manual. The manual 

shall be kept on-site and made available to any person who 

operates, inspects, maintains, repairs, or tests the vapor recovery 

equipment as well as the APCO upon request. The manual shall, 

at a minimum, include the following current information. 

A. All applicable CARB Executive Orders and associated 

installation, Operation and Maintenance Manuals, Approval 

Letters, and District permits. 

B. Manufacturer’s manual(s) for all installation, operation and 

maintenance procedures as required to be provided by 

CARB CP-201 and CP-206 and any additional instruction 

provided by the manufacturer. 

C. System and/or component testing requirements, including 

test schedules and passing criteria for each of the standard 

tests listed in Section 4.3. 

D. Protocol for performing daily maintenance inspections, 

including the components to be inspected and the defects 

requiring repair. 

4.6 Notification of Testing 

At least 7 days prior to performance or re-verification testing, the 

owner or operator shall notify the APCO of the exact date and time 

of the test. If the vapor recovery system fails any of the applicable 

tests and the necessary repairs are performed that same day, the 

owner or operator may retest the vapor recovery system on the 

same day without re-notification, provided that the reasons for the 

test failure and any repairs performed are properly documented in 

the test reports and repair records. 

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Part 5.0 Monitoring and Records

5.1 Testing Procedure 

The performance and re-verification tests shall be conducted in 

accordance with the following test methods. All test methods 

referenced in the section shall be the most recent version approved 

by the U.S. Environmental Protection Agency, CARB, the APCO or 

as stated in the applicable Executive Orders. 

 

A. Vapor pressures shall be determined by ASTM D2879-97 

(Test Method for Vapor Pressure-Temperature Relationship 

and Initial Decomposition Temperature of Liquids by 

Isoteniscope, 1997); ASTM D323-94 (Test Method for Vapor 

Pressure of Petroleum Products ((Reid Method)), 1994); or 

ASTM D5191-07 (Standard Test Method for Vapor Pressure 

of Petroleum Products ((Mini Method)), 2007). 

B. Vapor tightness shall be determined using EPA Reference 

Method 21. 

C. The static pressure (leak decay) test shall be performed 

according to the Bay Area Air quality Management district 

Manual of Procedures, Source Test Procedure ST-30 or 

CARB TP-201.3 or TP-201.3B or TP-206.3, as applicable. 

D. The dynamic back pressure test shall be performed 

according to the Bay Area Air Quality Management District 

Manual of Procedures, Source Test Procedure ST-27, or 

CARB TP-201.4 

E. The air-to-liquid volume ratio of a Phase II vapor recovery 

system shall be determined by CARB TP-201.5. 

F. The liquid removal rate of a Phase II vapor recovery system 

shall be determined by the Bay Area Air Quality 

Management District Manual of Procedures, Source Test 

Procedures St-37, or CARB TP-201.6. 

G. Only calibrated equipment meeting the calibration range and 

intervals specified by CARB and the equipment 

manufacturer shall be used to conduct any performance or 

re-verification test. 

H. Those vapor recovery systems whose CARB Executive 

Orders specify different tests to be performed instead of, or 

in addition to, the referenced test methods, or which, by their 

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design, preclude the use of the referenced test methods, 

shall be tested in accordance with the test procedures 

specified in the applicable CARB Executive Orders or their 

equivalents as approved by the APCO and EPA. 

J. Multiple Test Methods: When more than one test method or 

set of test methods is specified for any testing, a violation of 

any requirement of this Rule established by any one of the 

specified test methods or set of test methods shall constitute 

a violation of this Rule. 

 5.2 Recordkeeping 

 A person subject to this Rule shall maintain the following records 

on-site and make them available for review by the APCO 

immediately upon request. 

A. Results of the tests specified in Section 4.3 shall be 

delivered to the APCO within thirty (30) days of the 

completion of test. The test results shall contain the 

following information. 

i. Name, location, address, and telephone number of 

the facility tested, and the Northern Sierra Air Quality 

Management District permit number 

ii. Name, address and phone number of the person or 

company performing the test. 

iii. Date of the test 

iv. Test data 

v. Number of nozzles tested 

vi. Number of tanks tested 

vii. Statement of pass or fail 

B. Daily maintenance inspection reports shall include at least 

the following. 

i. Date and time of inspection 

ii. List of defects from the VRED List that are applicable 

to the vapor recovery equipment and have a 

verification procedure of “direct observation” or “direct 

measurement” 

iii. Notification by person performing inspection whether 

each defect is present 

iv. Description of any defects discovered 

v. Action taken upon discovery of a defect 

vi. Name and signature of person performing inspection 

C. The following records must be retained by the owner or 

operator for a period not less that 3 years (5 years for a 

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source subject to the requirement of Rule 522, Title VFederal Operating Permits). 

 i. Maintenance records for the vapor recovery system 

 ii. Repair records for the vapor recovery system 

 iii. Daily maintenance inspection reports 

 iv. Performance test results 

 v. Re-verification of performance test results 

 vi. Monthly gasoline throughput 

 5.3 Records for ORVR Exemption 

 The owner or operator of a non-retail gasoline dispensing facility 

claiming exemption pursuant to Section 4.1(E) shall maintain the 

following records on site and make them available to the APCO 

immediately upon request. 

A. Records of the date and quantity of fuel dispensed, by 

vehicle. 

 B. Records of the make, model, model year, and vehicle 

identification number of all vehicles refueled at the gasoline 

dispensing facility. 

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