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 sha ll 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 Distric t, or an authorized representative

thereof.

Background : A reading as methane on a portable hydrocarbon detection

instruction which is observed at leas t 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, fo r which CARB has evaluated its performance and issued a valid Execut ive Order pursuant to Health and Safety Code Section 41954. Each co mponent 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 com ponent shall not be

deemed as CARB certified unless t he 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 meet ing the specifications of Title 13 CCR Section 2292.4.

Emergency : An unforeseen combination of circumstances that calls for immediate action to prevent furthe r 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 perfo rmance 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 meth od specified in Section 5.1(A).

Gasoline Dispensing Facility : A mobile fueler or a stationary source consisting of one or more storage t anks and associated equipment that receives, stores and dispenses gasolin e to motor vehicle fuel tanks.

Hold-open Latches : A hold-open latch is any device permanently attached to a gasoline dispensing nozzl e for the purpose of providing a continuous flow of gasoline after the operator has starte d the flow, without the operator’s continued assistance.

Installer/Contractor : A person(s) engaged in the installation, alteration, repair or replacement of a vapor re covery 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 vesse l with an attached container that is used to transport and dis pense 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 Califor nia 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 re constructions to any part of a component of a vapor recovery syst em that forms t he gasoline vapor passage of the component, or that co mes 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 incl ude the replacement of a spout, bellows, or vapor guard of a CARB cert ified nozzle. The new part shall be CARB certified and as supplied by t he qualified manufacturer specifically

for the CARB certified nozzle.

Retail Gasoline Dispensing Facility : A gasoline dispensing facility subject to payment of Californi a sales tax on gasoline sales.

Six Month Average M onthly 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 per formance 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 dispensi ng nozzle primary shut-off mechanism has engaged. The filling of a motor v ehicle tank that, because of the configuration of the fill pipe, causes premature ac tivation 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 referenc e in Title 17 CCR Section 94006, pursuant to California Health & Safety Code Section 41960.2(c).

Vapor Tight : A condition under which the conc entration of total organic compounds does not exce ed 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 thr ough 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 se rvice station shall transfer, permit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank at a reta il service station into a motor

vehicle fuel tank unless a CARB-c ertified 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 st ationary storage tank which is exempt from Phase I require ments 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 thr oughput of 480,000 or fewer gallons. After the throughput ex ceeds 480,000 gallons this exemption shall expire on J anuary 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 exis ting retail service station meets or exceeds 480,000 gall ons, the exemption pursuant to Section 3.2(B) of this Rule will expi re. 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 fr om 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 fi rst 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, pe rmit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank subject to the provis ions 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 fr ee, 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 t opping off may result in spillage or recirculation of gasoline.

3.5 Defective Phase II Equipmen t - Prohibition of Use

Whenever the APCO determines that a Phase II vapor recovery system, or any component thereof, c ontains 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 adjust ed as required to permit proper operation, and the APCO has re-ins pected 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 fo r 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 fo r Emergency Motor Vehicles The provisions of this Rule shall not apply to dispensing equipment that is used exclus ively 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 prim arily 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 requ irements in Section 4.2(C) shall not apply on Saturdays, Sundays, and holidays for gasoline dispensing facilitie s with a six month average monthly gasoline throughput of less than 100,000 gallons.

D. E85 The requirements of this Ru le shall not apply to the dispensing of E85 into a vehi cle fuel tank until CARB certifies Phase II vapor recove ry 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 refueli ng vapor recovery (ORVR)
systems.

F. International Code Counc il (ICC) Certification The requirements of Section 4.4 shall not apply to the owner/operator of a gasoline di spensing 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 Rules & Regulations 2/22/10REGULATION II

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manufactured components of t he 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 cont ainer with a capacity of 250 gallons or more, or mobile fueler with a capacity of 120 gallons or more, into any mo tor 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 syst em shall meet the following control efficiency requirements. i. For summer fuel, a gaso line 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 m obile 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 fr ee, vapor tight, and in good working order. ii. The equipment is oper ated 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 majo r defect listed in the VRED

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List shall be removed from service and tagged to

ensure that it is not us ed until it is repaired and brought into compliance before being returned to service. The owner or oper ator of a vapor recovery system shall insure that t he 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 Regu lations 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 def ect 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 unt il is has been repaired, replaced, or adjusted, as requi red 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 shallinclude 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 la tches 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 fo r sale, sell, install or allow the installation of any new or rebuilt vapor recovery system or any of its components, unl ess 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 additi on, 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 pursu ant 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 gasoli ne 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 contro l of the owner/operator, except for a vehicle being used in an emergency; ii. No fuel shall be dispens ed 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 certif ied 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 appl y 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-verif ication tests shall include the following, as applicable, a ccording 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 m easuring the amount of liquid using a graduated cylinde r or graduated beaker.

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B. Initial Tests Within 30 calendar days of completion of construction or modification of any vapor re covery system, the owner or operator shall conduct and pa ss all applicable performance

tests.

C. Testing Frequency The owner/operator of a gasolin e dispensing facility shall perform and pass all applicable re-verification tests annually, or more frequently as requi red by the applicable CARB

Executive Order. i. Gasoline dispensing facilities shall conduct and pass

re-verification tests withi n 30 days of the end of each required period following the most recent successful

test. ii. If CARB-certified in-station diagnostics are used, theAPCO 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 in stall, alter, repair or replace a vapor recovery system unless t hey meet all of the following requirements. i. Be certified by the Inte rnational Code Council (ICC) for Vapor Recovery System installation and Repair, and , if required, be certified by the system

manufacturer.

ii. Maintain valid certificat ions 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 follo wing requirements.

i. Effective 3 months afte r 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 Executiv e 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 u pon request. The manual shall, at a minimum, include the following current information.

A. All applicable CARB Executive Orders and associated installation, Operation and Ma intenance 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 test ing 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 t he 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 perfo rmed 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-verificati on 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 Prot ection 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 Te mperature 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 Ai r 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 Ai r 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 m eeting 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 s hall maintain the following records

on-site and make them avail able for review by the APCO immediately upon request.

A. Results of the tests specif ied 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 No rthern Sierra Air Quality Management District permit number ii. Name, address and phone num ber 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 VR ED 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 t hat 3 years (5 years for a

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

i. Maintenance records fo r 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 Se ction 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 vehi cles refueled at the gasoline dispensing facility.

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