SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

461 - 1 

(Adopted January 9, 1976)(Amended September 3, 1976)(Amended February 4, 1977) 

(Amended November 18, 1977)(Amended February 3, 1978)(Amended January 5, 1979) 

(Amended May 4, 1979)(Amended December 7, 1979)(Amended January 16, 1981) 

(Amended October 15, 1982)(Amended November 1, 1985)(Amended March 4, 1988) 

(Amended July 7, 1989)(Amended September 8, 1995)(Amended April 21, 2000) 

(Amended June 15, 2001)(Amended January 9, 2004)(Amended June 3, 2005) 

(Amended March 7, 2008)(Amended April 6, 2012)

RULE 461 - GASOLINE TRANSFER AND DISPENSING 

(a) Applicability 

This rule applies to the transfer of gasoline from any tank truck, trailer, or railroad 

tank car into any stationary storage tank or mobile fueler, and from any stationary 

storage tank or mobile fueler into any mobile fueler or motor vehicle fuel tank. 

(b) Definitions 

For the purpose of this rule, the following definitions shall apply: 

(1) ALTERED GASOLINE TRANSFER AND DISPENSING FACILITY is 

a Gasoline Transfer and Dispensing Facility with any of the following: 

(A) The removal or addition of storage tank(s), or changes in the 

number of fueling positions. 

(B) The replacement of storage tank(s), dispensing nozzle(s) or other 

equipment with different characteristics or descriptions from those 

specified on the existing permit. 

(2) BACKFILLING is the covering of the underground storage tank, piping or 

any associated components with soil, aggregate or other materials prior to 

laying the finished surface. 

(3) BELLOWS-LESS NOZZLE is any nozzle that incorporates an aspirator or 

vacuum assist system and a gasoline vapor capture mechanism at the 

motor vehicle filler neck, such that vapors are collected at the vehicle filler 

neck without the need for an interfacing flexible bellows. 

(4) BREAKAWAY COUPLING is a component attached to the coaxial hose, 

which allows the safe separation of the hose from the dispenser or the hose 

from the nozzle in the event of a forced removal such as in the case of a 

“drive-off.” 

(5) CARB CERTIFIED or certified by CARB means a Phase I or Phase II 

vapor recovery system, equipment, or any component thereof, for which 
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the California Air Resources Board (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 the 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 the designated CARB certified component. 

(6) CLEARLY AND PERMANENTLY MARKED means an identification of 

the qualified manufacturer's name, model number, and other required 

information on a vapor recovery system component that is legible, and the 

identification is either directly stamped on or attached to the component 

using methods or materials that would endure constant long term use. 

(7) COAXIAL FILL TUBE is a submerged fill tube that contains two 

passages one within the other. The center passage transfers gasoline liquid 

to the storage tank and the outer passage carries the gasoline vapors to the 

tank truck, trailer or railroad tank car. 

(8) COAXIAL HOSE is a hose that contains two passages one within the 

other. One of the passages dispenses the liquid gasoline into the vehicle 

fuel tank while the other passage carries the gasoline vapors from the 

vehicle fuel tank to the storage tank. 

(9) DISPENSER is a gasoline dispensing unit used for housing the 

aboveground gasoline and vapor recovery piping, the gasoline meters, and 

to hang gasoline-dispensing nozzles when they are not in use for fueling. 

(10) DRY BREAK or poppetted dry break is a Phase I vapor recovery 

component that opens only by connection to a mating device to ensure that 

no gasoline vapors escape from the underground storage tank before the 

vapor return line is connected and sealed. 

(11) DUAL-POINT DESIGN is a type of Phase I vapor recovery system that 

delivers gasoline liquid into storage tanks and recovers the displaced 

vapors through two separate openings on the tank. 

(12) E-85 is any petroleum distillate/alcohol blend having a Reid Vapor 

Pressure greater than 205 mmHg (4.0 psi) and meeting the requirements of 

Title 13 CCR Section 2250 et seq., and as further defined in Title 12 CCR 
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Section 2250(b) and containing a minimum of 15% of a petroleum 

distillate and a maximum 85% of ethyl alcohol. 

(132) ENHANCED VAPOR RECOVERY (EVR) means performance standards 

and specifications set forth in the CARB CP 201 (Certification Procedure 

for Vapor Recovery Systems at gasoline dispensing facilities) Sections 3 

through 9. 

(1413) FUELING POSITION is a fuel dispensing unit consisting of nozzle(s) and 

meter(s) with the capability to deliver only one fuel product at one time. 

(1514) GASOLINE is any petroleum distillate or petroleum distillate/alcohol 

blend having a True Vapor Pressure greater than 200 mm Hg (3.9 psi) and 

less than 760 mm Hg (14.7 psi) at 100 degrees F as determined by ASTM 

Method D323-89. 

(1615) GASOLINE TRANSFER AND DISPENSING FACILITY is a mobile 

system or a stationary facility, consisting of one or more storage tanks and 

associated equipment, which receive, store, and dispense gasoline. 

(1716) GASOLINE VAPORS are the organic compounds in vapor form 

displaced during gasoline transfer and dispensing operations, and includes 

entrained liquid gasoline. 

(1817) INSERTION INTERLOCK MECHANISM is any CARB certified 

mechanism that ensures a tight fit at the nozzle fill pipe interface and 

prohibits the dispensing of gasoline unless the bellows is compressed. 

(1918) INSTALLER/CONTRACTOR is a person(s) engaged in the installation of 

new or alterations of existing vapor recovery systems and components at a 

gasoline dispensing facility. 

(2019) LIQUID REMOVAL DEVICE is a device designed specifically to remove 

trapped liquid from the vapor passages of a coaxial hose. 

(2120) LIQUID TIGHT is a liquid leak rate not exceeding three drops per minute. 

(2221) MAJOR DEFECT is a defect in the vapor recovery system or its 

component, as listed in California Code of Regulations, Title 17, Part III, 

Chapter 1, Subchapter 8, Section 94006. 

(2322) MINOR DEFECT is a defect in any gasoline transfer and dispensing 

equipment, which renders the equipment out of good working order but 

which does not constitute a major defect. 

(2423) MOBILE FUELER is any tank truck or trailer that is used to transport and 

dispense gasoline from an onboard storage tank into any motor vehicle 

fuel tank. 
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(2524) MOTOR VEHICLE is any self-propelled vehicle as defined in Section 

415 of the California Vehicle Code. 

(2625) OWNER/OPERATOR is any person who owns, leases, or operates a 

gasoline transfer and dispensing facility. 

(2726) PERFORMANCE TEST is the first test or series of tests performed on a 

new or altered CARB certified gasoline vapor recovery system to 

demonstrate compliance with the CARB Executive Order and District 

permit conditions upon completion of construction or alteration of the 

vapor recovery system. 

(2827) PRESSURE/VACUUM RELIEF VALVE is a valve that is installed on the 

vent pipes of the gasoline storage tanks to relieve pressure or vacuum 

build-up at preset values of pressure or vacuum. 

(2928) QUALIFIED MANUFACTURER is the original equipment manufacturer 

of the CARB certified vapor recovery system or component, or a rebuilder 

who is authorized by CARB to rebuild the designated CARB certified 

component. 

(3029) QUALIFIED REPAIR is a repair or maintenance of the gasoline transfer 

and dispensing equipment or vapor recovery system component that 

would restore the function or performance of such equipment/component 

following the qualified manufacturer's instructions and using only the 

applicable CARB certified parts supplied by the qualified manufacturer. 

Unless otherwise authorized by CARB, a repair or maintenance shall not 

be considered a qualified repair if the action changes the size, shape or 

materials of construction of any gasoline vapor passage, or if it may 

otherwise obstruct, hinder, or reduce the recovery of gasoline vapors 

during operation. 

(3130) REBUILD is an action that repairs, replaces, or reconstructs 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. 
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(3231) RETAIL GASOLINE TRANSFER AND DISPENSING FACILITY is 

any gasoline transfer and dispensing facility subject to the payment of 

California sales tax for the sale of gasoline to the public. 

(3332) RE-VERIFICATION TEST is a test or series of tests performed 

subsequent to the performance test on a CARB certified gasoline vapor 

recovery system to demonstrate compliance with the CARB Executive 

Order and District permit conditions. 

(3433) SPILL BOX is an enclosed container around a Phase I fill pipe that is 

designed to collect gasoline spillage resulting from disconnection between 

the liquid gasoline delivery hose and the fill pipe. 

(3534) SUBMERGED FILL TUBE is any storage tank fill tube with the highest 

level of the discharge opening entirely submerged, when the liquid level 

above the bottom of the tank is: 

(A) 15.2 cm (6 inches), for tanks filled from the top, or 

(B) 45.7 cm (18 inches) for tanks filled from the side. 

(3635) VAPOR CHECK VALVE is a valve that opens and closes the vapor 

passage to the storage tank to prevent gasoline vapors from escaping when 

the nozzle is not in use. 

(3736) VAPOR RECOVERY SYSTEM is a system installed at a gasoline 

transfer and dispensing facility for collection and recovery of gasoline 

vapors displaced or emitted from the stationary storage tanks or mobile 

fuelers (Phase I) and during refueling of vehicle fuel tanks (Phase II). A 

Phase II vapor recovery system may be a balance system, which operates 

on the principle of vapor displacement, a vacuum-assist system, which 

uses a mechanical vacuum-producing device to create a vacuum, or an 

aspirator-assist system, which uses an aspirator or eductor to create a 

vacuum during gasoline dispensing to capture gasoline vapors. 

(3837) VAPOR TIGHT means the detection of less than 10,000 ppm hydrocarbon 

concentration, as determined by EPA Method 21, using an appropriate 

analyzer calibrated with methane. 

(c) Equipment and Operation Requirements 

(1) Gasoline Transfer into Stationary Storage Tanks and Mobile Fuelers 

(Phase I) 

A person shall not transfer, allow the transfer, or provide equipment for 

the transfer of gasoline from any tank truck, or trailer into any stationary 
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storage tank with a capacity of 950 liters (251 gallons) or more, or any 

mobile fueler tank of greater than 454 liters (120 gallons) capacity unless 

all of the following conditions are met: 

(A) Underground storage tanks are equipped with a "CARB certified" 

enhanced vapor recovery system having a minimum volumetric 

efficiency of 98% and an emission factor not exceeding 0.15 

pounds per 1,000 gallons. The vapor recovery system shall be 

maintained and operated according to the manufacturer's 

specifications and the applicable CARB Executive Orders

including the corresponding CARB approved Installation, 

Operation and Maintenance Manual and shall meet all of the 

following: 

(i) All fill tubes are equipped with vapor tight caps; 

(ii) All dry breaks are equipped with vapor tight seals and 

vapor tight caps; 

(iii) The fill tube assembly, including fill tube, fittings and 

gaskets, is maintained to prevent vapor leakage from any 

portion of the vapor recovery system; 

(iv) Each vapor tight cap is in a closed position except when the 

fill tube or dry break it serves is actively in use; and 

(v) A "CARB certified" spill box shall be installed and 

maintained free of standing liquid, debris and other foreign 

matter. The spill box shall be equipped with an integral 

drain valve or other devices that are certified by CARB to 

return spilled gasoline to the underground stationary 

storage tank. The drain valve shall be maintained closed 

and free of vapor emissions at all times except when the 

valve is actively in use. 

(B) Aboveground Storage Tanks are equipped with a "CARB 

certified” vapor recovery system having a minimum volumetric 

efficiency of 95% and is maintained and operated according to the 

manufacturer's specifications and the applicable CARB Executive 

Orders including the corresponding CARB approved Installation, 

Operation and Maintenance Manual and shall meet all of the 

following: 

(i) All fill tubes are equipped with vapor tight caps; 
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(ii) All dry breaks are equipped with vapor tight seals and 

vapor tight caps; 

(iii) All CARB certified coaxial fill tubes are spring-loaded and 

operated so that the vapor passage from the stationary 

storage tank or the mobile fueler back to the tank truck 

trailer is not obstructed; 

(iv) The fill tube assembly, including fill tube, fittings and 

gaskets, is maintained to prevent vapor leakage from any 

portion of the vapor recovery system; 

(v) All vapor return lines without dry breaks are equipped with 

vapor tight caps; and 

(vi) Each vapor tight cap is in a closed position except when the 

fill tube or dry break it serves is actively in use. 

(C) Mobile fueler tanks are equipped with a “CARB certified” vapor 

recovery system having a minimum volumetric efficiency of 95% 

and is maintained and operated according to the manufacturer’s 

specifications and the applicable CARB Executive Orders and 

shall meet all of the following: 

(i) The capacity of a cargo tank or tank compartment shall not 

be greater than 5,000 gallons; 

(ii) Each tank or tank component shall be equipped with an 

overfill protection device which shall be designed to 

automatically close valves or shut down pumps to stop the 

transfer of gasoline; and 

(iii) The cargo tank dome hatch shall remain closed and latched 

at all times. It shall not be opened for the purpose of 

routine tank gauging operations. It may only be opened to 

accomplish inspections which are necessary due to 

equipment failures, scheduled maintenance and repairs. 

(D) A person shall not operate, or allow the operation of a gasoline 

delivery tank truck/trailer, unless it is “CARB certified” and 

maintained in compliance with the certification requirements and 

shall meet all of the following: 

(i) Each gasoline delivery elbow is equipped with sight 

windows; 
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(ii) The fuel delivery lines shall be maintained liquid tight, 

vapor tight, and free of air ingestion. A fuel delivery that is 

free of air ingestion is determined by observing the fuel 

stream as clear and free of air bubbles through the sight 

windows on the delivery system, except during the initial 

and final 60 seconds of fuel transferring; 

(iii) All vapor return lines are connected between the delivery 

tank truck/trailer or railroad tank car, and the stationary 

storage tank or mobile fueler. In addition, all associated 

hoses, fittings, and couplings are maintained in a liquidtight and vapor-tight condition; and 

(iv) The hatch on any tank truck/trailer shall be equipped with a 

vapor tight cover during gasoline transfer and pumping. 

The hatch shall not be opened except for visual inspection, 

which may be performed after at least three minutes

following the completion of the gasoline transfer or 

pumping. Except otherwise specified by CARB, visual 

inspection shall be completed in three minutes or less. 

(2) Gasoline Transfer into Vehicle Fuel Tanks (Phase II) 

A person shall not transfer, or allow the transfer, or provide equipment for 

the transfer of gasoline from a stationary storage tank with a capacity of 

950 liters (251 gallons) or more, or any mobile fueler tank of greater than 

454 liters (120 gallons) capacity into any mobile fueler tank of greater 

than 454 liters (120 gallons) capacity or any motor vehicle fuel tank of 

greater than 19 liters (5 gallons) capacity unless all of the following 

conditions are met: 

(A) The dispensing unit used to transfer the gasoline from the 

stationary storage tank or mobile fueler to the mobile fueler or 

motor vehicle fuel tank is equipped with a "CARB certified" vapor 

recovery system as capable of recovering or processing displaced 

gasoline vapors by at least 95%, or having an emission factor not 

exceeding 0.38 pounds per 1,000 gallons, as applicable; 

(B) The vapor recovery system and associated components are 

operated and maintained in a manner in accordance with the 

manufacturer's specifications and the applicable CARB 
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certification including the corresponding CARB approved 

Installation, Operation and Maintenance Manual; 

(C) The system and associated components shall be maintained vapor 

tight and liquid tight at all times; 

(D) Each balance-system nozzle is equipped with a "CARB certified" 

insertion interlock mechanism and a CARB certified vapor check 

valve which shall be located in the nozzle; 

(E) Each gasoline-dispensing nozzle is equipped with a coaxial hose as 

specified in the applicable CARB Executive Order; 

(F) Unless otherwise specified in the applicable CARB Executive 

Orders, all liquid removal devices installed for any gasolinedispensing nozzle with a dispensing rate of greater than five 

gallons per minute shall be "CARB certified" with a minimum 

liquid removal rate of five milliliters per gallon transferred; and 

(G) The breakaway coupling shall be CARB certified. Any breakaway 

coupling shall be equipped with a poppet valve, which shall close 

and maintain both the gasoline vapor and liquid lines vapor tight 

and liquid tight when the coupling is separated. In the event of a 

separation due to a “drive-off”, the owner/operator shall complete 

one of the following and document the activities pursuant to 

paragraph (e)(76) recordkeeping requirements: 

(i) Conduct a visual inspection of the affected equipment and 

perform qualified repairs on any damaged components

before placing any affected equipment back in service. In 

addition, the affected equipment shall be tested in 

accordance to applicable test methods as specified in the 

applicable CARB Executive Orders and the corresponding 

CARB approved Installation, Operation and Maintenance 

manual applicable reverification tests pursuant to 

subdivision (f), or equivalent test methods as approved in 

writing by the Executive Officer and CARB, shall be

conducted and successfully passed prior to the affected 

equipment dispensing gasoline into any vehicle; or 

(ii) Conduct a visual inspection of the affected equipment and 

replace the affected nozzles, coaxial hoses, breakaway 

couplings, and any other damaged components with new or 
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certified rebuilt components that are CARB certified, 

before placing any affected equipment back in service. 

(3) Additional Requirements 

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

installation of any vapor recovery system or any of its components, 

unless the system and component are CARB certified. Each vapor 

recovery system and its components shall be clearly and 

permanently marked with the qualified manufacturer’s name and 

model number as certified by CARB. In addition, the qualified 

manufacturer's unique serial number for each component shall also 

be clearly and permanently marked for the dispensing nozzles. 

Any qualified manufacturer who rebuilds a component shall also 

clearly and permanently mark the corresponding information on 

the component. 

(B) For a breakdown (as defined in Rules 102 and 430) of a central 

vapor incineration or processing unit, the provisions of Rule 430 

shall apply. "End of Cycle" as that term is used in Rule 430 shall 

be deemed to mean the completion of fueling by the last customer 

who was fueling at the time of the breakdown for the application of 

Rule 430 in subparagraph (c)(3)(B). 

(C) Any Installer/Contractor shall not install, alter, repair or replace a 

Phase I or Phase II enhanced vapor recovery system or any 

component thereof without first successfully obtaining the 

manufacturer’s certification and successfully completed any 

relevant state certification program, through the International Code 

Council (ICC), or any equivalent state certification program 

required for the installation and alteration of a vapor recovery 

system. The requirement for obtaining relevant certification shall 

take effect six months after such test becomes available. 

(D) The owner/operator of an enhanced vapor recovery system or their 

direct employees are not considered installers/contractors when 

replacing any defective nozzles, hoses and breakaways with new or 

CARB certified re-manufactured components of the same make 

and model, or alternative(s) specifically identified in the latest 

applicable CARB Executive Order, provided that person 
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successfully obtained the manufacturer’s certification and has 

successfully completed any relevant state certification program, 

through the International Code Council (ICC), or any equivalent 

state certification program required for the replacement of 

components. The requirement for obtaining relevant certification 

shall take effect six months after such test becomes available. 

(E) A person shall not perform or allow the "pump-out" (bulk transfer) 

of gasoline from a storage tank subject to paragraph (c)(1) unless 

such bulk transfer is performed using a vapor collection and 

transfer system capable of returning the displaced vapors to the 

stationary storage tank. 

(F) A person shall not store, or allow the storage of, gasoline in any 

stationary storage tank with a capacity of 950 liters (251 gallons) 

or more, or any mobile fueler with a capacity of 454 liters (120 

gallons) or more, unless such tank complies with Rule 463 or 

complies with the following: 

(i) The tank is equipped with a Phase I vapor recovery system; 

and 

(ii) The tank is operated and maintained with an integral vaportight drain valve to return spilled gasoline to the storage 

tank, if the tank is equipped with a spill container except 

for mobile fuelers. 

(G) The owner/operator shall conspicuously post the District-required 

signs specified in Attachment A of this rule in the immediate 

gasoline dispensing area. 

(H) For a dispenser that is not intended to be used to fuel motor 

vehicles, the owner/operator shall have a sign posted on it to that 

effect. 

(I) A person shall not store, or allow the storage of, gasoline in any 

stationary storage tank with a capacity of 950 liters (251 gallons) 

or more, or any mobile fueler with a capacity of 454 liters (120 

gallons) or more, unless the vent pipe of the tank complies with all 

of the following: 

(i) The vent pipe opening is equipped with a “CARB certified” 

pressure-vacuum relief valve. 
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(ii) The vent pipe opening for a stationary storage tank is at 

least 12 feet above the driveway level used for tank truck 

filling operations. 

(iii) Unless otherwise specified in the applicable CARB 

Executive Orders, the pressure-vacuum relief valve for an 

underground storage tank vent shall be set for pressure 

relief at 2.5 to 6.0 inches water column and vacuum relief 

at 6.0 to 10.0 inches water column. The valves for vents on 

aboveground tanks and mobile fuelers shall meet the

applicable CARB certified specifications. 

(iv) Pressure-vacuum relief valves for stationary storage tanks, 

as supplied and installed, shall be color-coded or otherwise 

clearly marked to identify the pressure-vacuum setting. 

The valves shall be installed on the vent pipe(s) such that 

the color codes or marks shall be legible to ground-level 

observers. 

(v) For the purpose of this requirement, vent pipes of gasoline 

storage tanks may be manifolded to a single valve when the 

stationary storage tanks are manifolded according to the 

applicable CARB Executive Order. 

(J) A person shall not store gasoline in open container(s) of any size or 

handle gasoline in any manner (spillage, spraying, etc.) that allows 

gasoline liquid or gasoline vapors to enter the atmosphere, 

contaminate the ground, or the sewer. 

(K) The failure of an owner/operator to meet any requirements of 

subdivision (c) of this rule shall constitute a violation. Such noncompliant equipment shall be tagged "Out of Order".

(L) Except during active repair activity, the "Out of Order" tag 

specified in subparagraph (c)(3)(K) shall not be removed and the 

non-compliant equipment shall not be used, allowed to be used, or 

provided for use unless all of the following conditions are satisfied: 

(i) The non-compliant equipment has been repaired, replaced, 

or adjusted, as necessary; and 

(ii) The non-compliant equipment has been reinspected and/or 

the repair has been reported to the Executive Officer or his 

designee. 
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(M) The owner/operator shall repair or replace any vapor recovery 

component having minor defects within seven days, pursuant to 

Section 41960.2(e) of the California Health and Safety Codes. 

(N) The owner/operator and/or the installer/contractor shall have all 

underground storage tank installations and associated piping 

configuration inspected by the Executive Officer or his designee 

prior to backfilling, to verify that all underground equipment is 

properly installed in accordance with the requirements specified in 

the applicable CARB Executive Order. The owner/operator and/or 

installer/contractor shall notify schedule a time for inspection with 

the District by telephone or other District-approved method and 

obtain a confirmation number at least three days (at least one of the 

days shall be regular District business days) prior to the 

backfilling. At or before the scheduled time of inspection, the 

owner/operator and/or installer/contractor shall ensure that all 

underground storage tank installation and associated piping meet 

all requirements under the applicable CARB Executive Order 

including the corresponding Installation, Operation and 

Maintenance Manual and shall be in a state ready to be backfilled. 

After successfully passing the verification inspection, all 

underground piping shall be backfilled without being disturbed.

(O) The owner/operator of any gasoline transfer and dispensing facility 

shall implement a maintenance program and document the 

program in an operation and maintenance (O&M) manual for the 

vapor recovery system. The O&M manual shall be kept at the 

facility and made available to any person who operates, inspects, 

maintains, repairs, or tests the equipment at the facility as well as 

the Executive Officer upon request. The O&M manual shall 

contain detailed instructions that ensure proper operation and 

maintenance of the vapor recovery system and its components in 

compliance with all applicable rules and regulations. The O&M 

manual shall reference all manufacturer required maintenance 

cycles as delineated in the CARB Executive Order that certified 

the system. The manual shall, at a minimum, include the following 

current information: 
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(i) All applicable CARB Executive Orders, Approval Letters, 

and District Permits. 

(ii) The manufacturer's specifications and instructions for 

installation, operation, repair and maintenance required 

pursuant to CARB Certification Procedure CP-201, and any 

additional instructions provided by the manufacturer. 

(iii) System and/or component testing requirements, including 

test schedules and passing criteria for each of the standard 

tests listed under subdivision (f). The owner/operator may 

include any non-CARB required diagnostic and other tests 

as part of the testing requirements. 

(iv) Additional O&M instructions, if any, that are designed to 

ensure compliance with the applicable rules, regulations, 

CARB Executive Orders and District permit conditions, 

including replacement schedules for failure or wear prone 

components. 

(P) Equipment subject to paragraph (c)(1) or (c)(2) is operated and 

maintained with no major defect. 

(Q) The owner/operator of any gasoline transfer and dispensing facility 

shall submit the facility’s monthly gasoline throughput data for 

the previous calendar year to the Executive Officer on or before 

March 1 following each calendar year.

(4) The requirements of paragraph (c)(2) and the EVR Phase II requirements 

shall not apply to the dispensing of E-85 into a mobile fueler or a vehicle 

fuel tank until April 1, 2012. 

(54) In lieu of compliance with paragraph (c)(2), the owner/operator of a nonretail gasoline dispensing facility may elect to comply with all of the 

following: 

(A) Achieve compliance with paragraph (c)(2) by April 1, 2012; 

(BA) Use hoses, breakaways, and nozzles that are part of a “CARB 

certified” vapor recovery system, except that the vapor return line 

shall be sealed off; and

(C) Install and maintain pressure monitoring devices to record pressure 

within the underground fuel storage tank at a minimum once every 

fifteen minutes. For multiple facilities ownership, pressure 
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monitors shall be installed on at least 50% of the storage tanks 

under the common ownership. Records of tank pressure shall be 

kept at the facility for a minimum of three years and shall be made 

available to the Executive Officer upon request; and 

(DB) Submit an application for a permit to construct and operate the 

gasoline dispensing equipment and agree to comply with the 

following permit conditions: 

(i) No fuel shall be dispensed into a vehicle that is not owned 

or under direct control of the operator, except for a vehicle 

used in responding to an emergency response; 

(ii) No fuel shall be dispensed into a vehicle not equipped with 

an onboard refueling vapor recovery (ORVR) system, 

except for vehicles used in responding to an emergency

response; and 

(iii) Maintain records of the date and quantity of fuel dispensed 

by vehicle, and the make, model, model year, and vehicle 

identification number of all vehicle(s) refueled at the 

facility. Such records shall be maintained at the facility for 

at least five years and shall be made available to the 

Executive Officer upon request. 

(d) Self-Compliance Program Requirements 

The owner/operator of any retail gasoline transfer and dispensing facility shall 

implement a self-compliance program as follows: 

(1) The self-compliance program shall include the following elements: 

(A) Daily maintenance inspections shall be conducted in accordance 

with the protocol specified in Attachment B to ensure proper 

operating conditions of all components of the vapor recovery 

systems. 

(B) Periodic compliance inspections shall be conducted at least once 

every twelve months and in accordance with the protocol specified 

in Attachment C to verify the compliance with all applicable 

District rules and regulations, as well as all permit conditions. 

(C) Maintenance schedules consistent with the applicable Phase I and 

Phase II vapor recovery systems and components installed at the 

gasoline transfer and dispensing facility. 

(D) A procedure to determine and record the next required test date 
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461 - 16 

based on throughput during the 12 months preceding the time of a 

successful test. 

(E) An employee training program including the following: 

(i) Itemized training procedures for employees responsible for 

conducting any part of the self-compliance program.

(ii) A training schedule to periodically train any employee 

responsible for conducting any part of the self-compliance 

program. 

(iii) A record for each employee of the dates of training 

provided and the next training date. 

(iv) A procedure to review and establish any additional 

necessary training following any changes or updates to the 

CARB Executive Order for the installed vapor recovery 

system. 

(2) Any equipment with major defect(s) which are identified during the daily 

maintenance inspections or periodic compliance inspections shall be 

removed from service, repaired, brought into compliance, and duly entered 

into the repair logs required under paragraph (e)(76) before being returned 

to service. 

(3) Defects discovered during self inspection and repaired shall not constitute 

a violation of Rule 461. 

(4) Training and Certification 

(A) A person shall not conduct daily maintenance inspections specified 

in subparagraph (d)(1)(A) or do required recordkeeping unless 

such person has completed an appropriate District-approved 

training program. 

(B) A person shall not conduct periodic compliance inspections 

specified in subparagraph (d)(1)(B) or do required recordkeeping 

unless such person has completed an appropriate District-approved 

training program in the inspection and maintenance of vapor 

recovery systems and has received a certification issued by the 

District. 

(e) Testing, Reporting and Recordkeeping Requirements 

(1) Within 10 calendar days after initial operation of dispensing fuel into a 

mobile fueler or a vehicle fuel tank, the owner/operator of a new or altered 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 17 

gasoline transfer and dispensing facility shall conduct and successfully 

pass the performance tests in accordance with the test methods specified in 

subdivision (f), and any additional tests required by the applicable CARB 

Executive Orders including the corresponding CARB approved 

Installation, Operation and Maintenance Manual and District Permits, to 

verify the proper installation and operation of Phase I and Phase II vapor 

recovery systems. Test results shall be submitted as stated in 

subparagraphs (e)(3)(D) and (e)(3)(E). 

(2) The owner/operator shall conduct and successfully pass the reverification 

tests in accordance with the test methods specified in subdivision (f), and 

any additional tests required by the applicable CARB Executive Orders

including the corresponding CARB approved Installation, Operation and 

Maintenance Manual or District Permits, to verify the proper operation of 

the vapor recovery systems. Test results shall be submitted as stated in 

subparagraphs (e)(3)(D) and (e)(3)(E). 

(A) The reverification tests at retail gasoline transfer and dispensing 

facilities shall be conducted no less frequently than as scheduled 

below, based on the facility's maximum monthly gasoline 

throughput during the 12-month period immediately preceding the 

required test: 

(i) The owner/operator of a facility with a maximum monthly 

throughput of 100,000 gallons or greater shall complete the 

reverification tests semiannually. 

(ii) The owner/operator of a facility with a maximum monthly 

throughput less than 100,000 gallons shall complete the 

reverification tests annually. 

(iii) The owner/operator of a facility with less than 12 months 

throughput data shall conduct reverification tests 

semiannually. In case of a change of operator of a facility, 

throughput under the previous owner/operator may be used 

to determine the applicable test frequency. 

(B) The owner/operator of a non-retail gasoline transfer and dispensing 

facility shall complete the reverification tests annually. 

(C) Once a facility reverification testing month(s) are established, 

subsequent reverification testing shall be conducted during the 

same months each year. When a new performance test schedule is 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 18 

required due to a facility alteration, new reverification testing 

months shall be established based on the date of the performance 

tests. 

(D) In case of a change of operator, the new operator shall conduct the 

next reverification test on the same testing month as established by 

the previous operator, if the previous reverification testing records 

are available. When no testing records are available, the new 

operator shall complete all the applicable reverification testing 

within 30 calendar days of the change of operator. 

(3) A person who conducts performance or reverification tests shall comply 

with all of the following: 

(A) Conduct performance or reverification tests in accordance with the 

applicable test methods listed in subdivision (f) and other CARB 

testing procedures. Tests shall be conducted using calibrated 

equipment meeting the calibration range and calibration intervals 

specified by the manufacturer. 

(B) Notify the District and obtain a confirmation number at least three 

days prior to testing (at least one of the days shall be regular 

District business days), except as specified in paragraph (e)(4). In 

the event that a performance test or reverification test cannot be 

conducted at the scheduled date and time, the test may be rescheduled to a later date and time provided that the District is 

notified at least 24 hours prior to the originally scheduled time. 

All notification under this subparagraph shall be provided by 

electronic mail or other District approved methods. 

Notwithstanding, the three-day notice may not be required for 

reverification tests conducted after a drive-off pursuant to clause 

(c)(2)(G)(i), provided that the person conducting the tests complies 

with all other applicable provisions of the rule. 

(C) Conduct performance and reverification tests between the hours of 

7:00 a.m. and 8:00 p.m. Monday through Friday. Notwithstanding, 

the Executive Officer may approve testing on a weekend day 

(Saturday or Sunday) based on the following criteria: 

(i) The District shall approve a limited number of 

reverification testing requests per weekend on a first-come-
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 19 

first-served basis. These reverification tests are subject to 

the following restrictions: 

(I) The person conducting the tests has notified the 

District pursuant to subparagraph (e)(3)(B) for 

reverification tests. The requests shall be made no 

more than 30 calendar days in advance of the 

testing. 

(II) Tests shall be conducted from 7:00 a.m. through 

5:30 p.m. 

(III) Upon request by the Executive Officer, the person 

who conducted the tests on a weekend day for 

which the District staff was not present shall repeat 

the reverification testing at a mutually acceptable

date but no later than 10 calendar days from the day 

the test was conducted. The GDF shall pay the cost

of the repeat reverification testing. 

(ii) The District shall approve all requests for a retest on a 

weekend day provided that the retest meets the following 

conditions: 

(I) The retest on a weekend day is necessary as the

repairs and retest following a failed reverification 

test cannot be completed by Friday. 

(II) The person conducting the test has notified the 

District pursuant to subparagraph (e)(4)(A) or left a 

phone notification before midnight of the day 

before the retest. 

(III) Tests shall be conducted from 7:00 a.m. through 

5:30 p.m. 

(IV) Upon request by the Executive Officer, the person 

who conducted the test on a weekend day for which 

the District staff was not present shall repeat the

reverification testing at a mutually acceptable date 

but no later than 10 calendar days from the day the

test was conducted. The GDF shall pay the cost of 

the repeat reverification testing. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 20 

(D) Submit a copy of the PASS/FAIL test results electronically in a 

District approved format to the Executive Officer within 72 hours 

after each test is conducted. The PASS/FAIL test results are a 

summary of the overall results of each test. 

(E) Submit the final test report demonstrating compliance within 14 

calendar days of the date when all tests were passed. The test 

report shall include all the required records of all tests performed, 

test data, current AQMD facility ID number of the location being 

tested, the equipment Permit to Operate or Application number, the 

AQMD ID number of the company performing the tests, a 

statement whether the system or component tested meets the 

required standards, and the name, AQMD tester ID number and 

signature of the person responsible for conducting the tests. 

(F) Successfully completed the District’s Tester Orientation class. 

(G) Successfully completed the International Code Council (ICC) 

tester certifications (or equivalent state certifications) examination 

during the previous 24 months. This provision shall take effect six 

months after such a test becomes available. 

(H) Successfully re-completed the District’s Tester Orientation class 

after having been cited within any 6-month period for at least two 

violations of subparagraph (e)(3)(A) of this rule or CARB vapor 

recovery regulations in such a manner that the violations could 

have affected the accuracy of a performance or reverification test. 

The tester shall cease conducting any performance or reverification 

test after receiving the second notice of violation until such time 

that the tester has successfully re-completed the District Tester 

Orientation class. 

(I) Not committed more than three violations of subparagraph 

(e)(3)(A) of this rule or CARB vapor recovery regulations in such 

a manner that the violations could have affected the accuracy of a 

performance or reverification test during any 12-month period. 

(4) Notwithstanding subparagraph (e)(3)(B), the owner/operator of a gasoline 

transfer and dispensing facility that has failed a reverification test or 

portions thereof may retest the facility prior to resuming operation 

provided that the person conducting the tests has complied with one of the 

following: 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 21 

(A) Notify the District by telephone or other District approved methods 

and obtain a confirmation number at least 12 hours prior to 

retesting (at least six of the hours shall be regular District business 

hours); or 

(B) When all necessary repairs are performed during the same day the 

facility has failed any of the applicable reverification tests, the 

owner/operator may retest the facility on the same day without renotification, provided that the reasons for the test failure and any 

repairs performed are properly documented in the test reports and 

the repair logs pursuant to subparagraphs (e)(76)(B) and 

(e)(76)(C). 

(5) The owner/operator shall not operate or resume operation of a gasoline 

transfer and dispensing facility, unless the facility has successfully passed 

the applicable performance or reverification tests. Notwithstanding the 

above, when a dispenser associated with any equipment that has failed a 

reverification test is isolated and shut down, the owner/operator may 

continue operation or resume operation of the remaining equipment at the 

facility, provided that test results demonstrate that the remaining 

equipment is in good operating condition. All test results and the method 

of isolating the defective equipment shall be documented in the test 

reports to be submitted to the Executive Officer pursuant to subparagraphs 

(e)(76)(C), (e)(3)(D) and (e)(3)(E). 

(6) The owner/operator shall submit the facility’s monthly gasoline 

throughput data to the Executive Officer in conjunction with the 

reverification test report for each testing and reporting period, except 

when otherwise approved in writing by the Executive Officer. 

(76) Recordkeeping 

A person who performs the installation of components, self-compliance 

inspections, repairs or testing at any gasoline transfer and dispensing 

facility, including, but not limited to, the activities for normal operation 

and maintenance, performance testing, reverification testing and those 

following a drive-off, shall provide to the owner/operator all records listed 

below, as applicable, at the end of each day when the service is provided. 

The owner/operator of any retail or non-retail gasoline dispensing facility 

shall maintain all records listed below and any other test results or 

maintenance records that are required to demonstrate compliance on site 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 22 

for a period of at least two years (or five years for Title V facilities). 

Notwithstanding, records for non-retail gasoline dispensing facilities that 

are unmanned may be kept at other locations approved by the Executive 

Officer. All records shall be made available to the Executive Officer 

upon request both on site during inspections and offsite as specified. 

(A) Records of all components installed, defective components 

identified or repaired during self-compliance inspections. 

(B) Repair logs, which shall include: 

(i) Date and time of each repair. 

(ii) The name of the person(s) who performed the repair, and, if 

applicable, the name, address and phone number of the 

person’s employer. 

(iii) Description of service performed. 

(iv) Each component that was installed, repaired, serviced, or 

removed, including the required component identification 

information pursuant to subparagraph (c)(3)(A). 

(v) Each component that was installed as replacement, if 

applicable, including the required component identification 

information pursuant to subparagraph (c)(3)(A). 

(vi) Receipts for parts used in the repair and, if applicable, work 

orders, which shall include the name and signature of the 

person responsible for performing the repairs. 

(C) Records of tests, which shall include: 

(i) Date and time of each test. 

(ii) District confirmation number of notifications.

(iii) Name, affiliation, address and phone number of the 

person(s) who performed the test. 

(iv) Test data and calibration data for all equipment used. 

(v) Date and time each test is completed and the facility 

owner/operator is notified of the results. For a test that 

fails, a description of the reasons for the test failure shall 

also be included. 

(vi) For a retest following a failed performance or reverification 

test, description of repairs performed pursuant to 

subparagraph (e)(4)(B). 

(vii) Copies of test reports in District approved format. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 23 

(D) Monthly gasoline throughput records. 

(E) Records to prove that the installer/contractor that installed or 

altered the Enhanced Vapor Recovery equipment has successfully 

completed a manufacturer training program and any relevant state 

certification program applicable to the Phase I and Phase II 

Enhanced Vapor Recovery systems and associated components as 

specified in subparagraph (c)(3)(A). 

(f) Performance and Reverification Test Methods 

All required tests methods referenced in this subdivision shall be conducted in 

accordance with the most recently CARB approved version of CARB test 

methods or as stated in the applicable CARB Executive Orders including the 

corresponding Installation, Operation and Maintenance Manual test procedures or 

any other test methods approved in writing by the USEPA, CARB, or the District. 

(1) The static pressure performance of a Phase I or Phase II vapor recovery 

system for underground and aboveground tanks shall be determined by the 

CARB Test Procedure TP-201.3 and TP-201.3B, as applicable. 

(2) The dynamic pressure performance of a Phase II vapor recovery system 

shall be determined by the CARB Test Procedure TP-201.4. 

(3) The air-to-liquid volume ratio of a Phase II vapor recovery system shall be 

determined by the CARB Test Procedure TP-201.5. 

(4) The liquid removal rate of a Phase II vapor recovery system shall be 

determined by the CARB Test Procedure TP-201.6. 

(5) The manifold of the underground storage tanks shall meet CARB tank tie 

test requirements pursuant to TP-201.3C. 

(6) The static torque of rotatable adaptors for a Phase I Enhanced Vapor 

Recovery system shall be determined by the CARB Test Procedure TP201.1B. 

(7) The applicable tests for the drop tube, drain valve assembly, and overfill 

prevention device are the following: 

 (A) The leak rate of the drop tube/drain valve assembly for a Phase I 

Enhanced Vapor Recovery system shall be determined by the 

CARB Test Procedure TP-201.1C. 

 (B) The leak rate of the drop tube overfill protection device and spill 

container drain valve for a Phase I Enhanced Vapor Recovery 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 24 

system shall be determined by the CARB Test Procedure TP201.1D. 

(8) The leak rate and cracking pressure of pressure/vacuum vent valves for a 

Phase I Enhanced Vapor Recovery system shall be determined by the 

CARB Test Procedure TP-201.1E. 

(9) Any other test methods approved by the USEPA, CARB, and the District 

for underground tanks, aboveground tanks, and mobile fuelers. 

 

(g) Exemptions 

(1) The provisions of this rule shall not apply to the transfer of gasoline into 

testing equipment used to verify the efficiency of the vapor recovery 

system by CARB or the District or testing contractors, the accuracy of the 

gasoline dispensing equipment by the Department of Weight and 

Measures, and the fire safety standards by the Fire Department. 

(2) The requirements of paragraph (c)(2) shall not apply to the fueling of 

Tournament of Roses parade floats.

(3) For the purposes of this rule, any requirement for equipment or 

component(s) to be CARB certified where an applicable valid Executive 

Order has not been issued by CARB shall not apply until an applicable 

Executive Order becomes effective.

(h) Rule 1402 Inventory Requirements 

A retail gasoline transfer and dispensing facility that is in compliance with all 

applicable provisions of this rule, CARB Executive Orders, and District permit 

conditions shall not be required to submit an emission inventory to the Executive 

Officer, pursuant to subparagraph (n)(1)(B) of Rule 1402 - Control of Toxic Air 

Contaminants from Existing Sources, and is deemed in compliance with the 

requirements of Rule 1402, unless the facility exceeds the significant risk level as 

defined in Rule 1402. 

(i) Compliance Plan for Implementation of Phase II Enhanced Vapor Recovery 

Requirements 

(1) The owner/operator of an existing gasoline transfer and dispensing facility 

that has not completed the installation and demonstrated compliance of 

certified Phase II enhanced vapor recovery system on or before October 1, 

2008, shall submit a compliance plan to outline the increments of progress 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 25 

towards completing installation of CARB certified Phase II enhanced 

vapor recovery equipment by April 1, 2009. The compliance plan shall be 

submitted by October 1, 2008. Failure to submit an approvable plan by 

October 1, 2008 shall be a violation of this rule. The compliance plan 

shall specify and include at a minimum the following: 

(A) Date by which the owner/operator will submit complete 

application packages to District and any other applicable 

governmental agencies, including but not limited to local 

city/county planning and building divisions, the fire department, or 

the Certified Unified Program Agencies (CUPA), for permits to 

install and operate CARB certified Phase II enhanced vapor 

recovery equipment; 

(B) Date by which the owner/operator will place purchase orders of a 

CARB certified Phase II enhanced vapor recovery system; 

(C) Date by which the owner/operator will sign installation contracts 

with certified contractors. The installation agreement shall specify 

the schedule for construction and installation of CARB certified 

Phase II enhanced vapor recovery equipment, that the contractor 

meets all qualifications for installation of the equipment pursuant 

to subparagraphs (c)(3)(A) and (B), and a completion date of no 

later than April 1, 2009; 

(D) Date by which the owner/operator will sign contracts securing a 

tester to conduct the required performance tests of the CARB 

certified Phase II enhanced vapor recovery systems to verify 

compliance with the applicable CARB Executive Order

requirements. The testing contract shall specify that the tester shall 

meet all qualifications for conducting the tests pursuant to 

subparagraph (e)(3) of this rule and a completion date of no later 

than April 1, 2009; 

(E) Starting date of equipment installation; 

(F) Starting date of equipment testing; and 

(G) A signed declaration that he/she understands that the gasoline 

dispensing facility will not be allowed to dispense gasoline without 

a CARB certified Phase II enhanced vapor recovery system on or 

after April 1, 2009 and that a violation of this requirement may 

result in criminal or civil penalties as provided for under California 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 26 

Health and Safety Code § 42400 et. seq., of $25,000 per day or 

higher. Such declaration does not preclude the owner/operator 

right to seek administrative relief under Regulation V- Procedure 

Before the Hearing Board. 

(2) Unless at the time of compliance plan submittal, the owner/operator has 

secured necessary permits and contracts that demonstrate an equipment 

installation and performance testing date of no later than April 1, 2009, the 

compliance plan shall incorporate dates that are no later than the following 

applicable dates: 

Application Date At least 2 months prior to 

installation date 

Equipment Order Date Within 7 days of receiving all 

applicable permits 

Installation Contract Date At least 1 month prior to 

installation date 

Testing Contract Date At least 1 month prior to 

installation date 

Start Date for Equipment 

Installation 

No later than March 1, 2009 

Start Date for Equipment Testing No later than March 21, 2009 

(3) The Executive Officer shall not approve the compliance plan unless the 

plan shows that the installation and testing of a compliant CARB certified 

Phase II enhanced vapor recovery system can be reasonably expected on 

or before April 1, 2009, and the owner/operator has submitted the signed 

declaration of subparagraph (i)(1)(G). If the Executive Officer denies a 

compliance plan, the owner/operator of a gasoline transfer and dispensing 

facility shall, within 30 days, submit to the Executive Officer a revised 

compliance plan addressing all deficiencies identified by the Executive 

Officer. Failure to submit an approvable plan 30 days after disapproval 

shall be a violation of this rule.

(4) The owner/operator of a gasoline transfer and dispensing facility may 

submit an application to modify the terms and conditions in an approved 

compliance plan to change any of the incorporated compliance dates if the 

owner/operator demonstrates that compliance with CARB certified Phase 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 27 

II enhanced vapor recovery system can be reasonably expected on or 

before April 1, 2009, and the owner/operator has certified that the gasoline 

transfer and dispensing facilities will not be operated on and after April 1, 

2009 until a CARB certified Phase II enhanced vapor recovery system has 

been installed and successful compliance testing has been completed. 

Actual permits or signed contracts may be used to demonstrate that the 

owner/operator can reasonably achieve the planned installation within the 

timeframe specified under the submitted plan application.

(5) The owner/operator of a gasoline transfer and dispensing facility shall 

maintain all records required to demonstrate compliance with the 

approved compliance plan. Such records shall be kept at the gasoline 

transfer and dispensing facilities at all times and shall be made available to 

the Executive Officer or his designee upon request.

(6) Failure to comply with the dates set forth in an approved compliance plan 

for submission of permit applications, placing purchase orders for 

equipment, signing contracts for installation and testing will be a violation 

of this rule, commencing when the stated date is missed and shall 

constitute a single and separate violation of this rule for each day until 

such time as compliance with subdivision (i) is achieved. 

(7) Notwithstanding the requirements of paragraphs (i)(1) through (i)(6), the 

owner/operator of a gasoline transfer and dispensing facility that will 

permanently cease the dispensing of gasoline before April 1, 2009, shall 

submit to the Executive Officer a compliance plan on or before October 1, 

2008, with a declaration to irrevocably surrender their permit to operate to 

the Executive Officer before April 1, 2009, and a declaration that it shall 

be a violation of this rule for each and every day the gasoline transfer and 

dispensing facility operates on or after April 1, 2009. The District shall 

waive all required fees pursuant to Rule 306 – Plan Fees for a gasoline 

transfer and dispensing facility submitting a compliance plan pursuant to 

this paragraph. 

(j) In lieu of the requirements of subdivision (i), the owner/operator of an existing 

gasoline transfer and dispensing facility may submit to the District required 

application(s) for a permit to construct and operate, on or before September 1, 

2008, that outlines the increments of progress towards completing the installation 

of CARB certified Phase II enhanced vapor recovery equipment by April 1, 2009. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 28 

The application shall incorporate dates that are no later than the following 

applicable dates: 

Application Date For all applicable regulatory 

agencies other than the 

District, at least 2 months 

prior to installation date 

Equipment Order Date Within 7 days of receiving all 

applicable permits 

Installation Contract Date At least 1 month prior to 

installation date 

Testing Contract Date At least 1 month prior to 

installation date 

Start Date for Equipment 

Installation 

No later than March 1, 2009 

Start Date for Equipment Testing No later than March 21, 2009 

 The Executive Officer shall not approve the application for a permit to construct 

and operate unless the application demonstrates that the installation and testing of 

a compliant CARB certified Phase II enhanced vapor recovery system can be 

reasonably expected on or before April 1, 2009, and the owner/operator submits a 

signed declaration that he/she understands that the gasoline transfer and 

dispensing facility will not be allowed to dispense gasoline without a CARB 

certified Phase II enhanced vapor recovery system on or after April 1, 2009 and 

that a violation of this requirement may result in criminal or civil penalties as 

provided for under California Health and Safety Code § 42400 et. seq., of $25,000 

per day or higher. If the Executive Officer denies an application for a permit to 

construct and operate, the owner/operator of a gasoline transfer and dispensing 

facility shall, within 30 days, submit to the Executive Officer a revised application 

for a permit to construct and operate addressing all deficiencies identified by the 

Executive Officer. If a revised application for permit to construct and operate is 

submitted after October 1, 2008 and more than 14 days after the date the initial 

application was denied, the owner/operator shall comply with paragraphs (i)(1) 

and (i)(2) of this rule. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 29 

ATTACHMENT A 

AQMD-REQUIRED SIGNS 

I. The operator shall post nozzle operating instructions and the following signs: 

(A) SCAQMD toll-free telephone number: "If you have nozzle problems, 

please call the Air Quality Management District at the toll-free number 

(800) 242-4020;" or equivalent information approved in writing by the 

Executive Officer; and 

(B) A "warning" stating: 

"TOXIC RISK - FOR YOUR OWN PROTECTION 

DO NOT BREATHE FUMES 

DO NOT TOP TANKS" 

II. All required signs shall conform to all of the following: 

(A) For decal signs: 

(i) Each sign shall be visible from all fueling positions it serves; and 

(ii) Sign shall be readable from a distance of 3 feet. 

(B) All other signs: 

(i) For pump toppers, one double-back sign per island; 

(ii) For permanent (non-decal) signs, two single-sided or one doublesided sign(s) per two (2) dispensers. 

(iii) All signs shall be readable from a distance of 6 feet. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 30 

ATTACHMENT B 

DAILY MAINTENANCE INSPECTION PROTOCOL 

The owner/operator of a retail gasoline transfer and dispensing facility shall at minimum 

verify the following during the daily maintenance inspections:

(A) PHASE I VAPOR RECOVERY SYSTEM INSPECTION 

1. The spill container is clean and does not contain gasoline. The spill 

containment drain valve shall be vapor-tight. 

2. The fill caps are not missing, damaged or loose.

3. If applicable: 

a. the spring-loaded submerged fill tube seals properly against the 

coaxial fitting 

b. the dry break (poppet valve) is not missing or damaged. 

4. The submerged fill tube is not missing or damaged. 

(B) PHASE II VAPOR RECOVERY SYSTEM INSPECTION 

1. The fueling instructions are clearly displayed with the appropriate toll-free 

complaint phone number and toxic warning signs. 

2. The following nozzle components are in place and in good condition, as 

specified in CARB Executive Orders: 

a. faceplate/facecone; vapor splash guard/fill guard/efficiency 

compliance device (ECD)/VEG 

b. bellows 

c. latching device spring 

d. vapor check valve 

e. spout (proper diameter/vapor collection holes) 

f. insertion interlock mechanism 

g. automatic shut-off mechanism 

h. hold open latch 

3. The hoses are not torn, flattened or crimped. 

4. For vacuum-assist systems, the vapor processing unit and burner are 

functioning properly. 

(C) RECORDS OF DEFECTIVE COMPONENTS 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 31 

ATTACHMENT C 

PERIODIC COMPLIANCE INSPECTION PROTOCOL 

The owner/operator of a retail gasoline transfer and dispensing facility shall at minimum 

verify the following during the periodic compliance inspections:

(A) GENERAL INSPECTION

1. The District permit is current.

2. The equipment and District permit description match. 

3. The facility complies with all permit conditions. 

4. The required sign is properly posted and the sign contains all the necessary 

information. (i.e., toll-free complaint phone number, toxic warning sign, 

etc.) 

(B) PHASE I VAPOR RECOVERY SYSTEM INSPECTION

1. The spill container is clean and does not contain gasoline. 

2. The fill caps are not missing, damaged or loose.

3. If applicable: 

a. the spring-loaded submerged fill tube seals properly against the 

coaxial fitting 

b. the dry break (poppet valve) is not missing or damaged. 

4. The submerged fill tube is not missing or damaged. 

5. The distance between the highest level of the discharge opening of the 

submerged fill tube and the bottom of the stationary storage tank does not 

exceed six inches (6"). 

6. The Phase I vapor recovery system complies with required CARB 

certification and is properly installed. 

7. The spill box complies with required CARB certification and is properly 

installed. 

8. The vent pipes are equipped with required pressure/vacuum relief valves. 

(C) PHASE II VAPOR RECOVERY SYSTEM INSPECTION

1. The fueling instructions are clearly displayed. 

2. Each nozzle is the current CARB-certified model.
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 32 

ATTACHMENT C - CONTINUED

3. Each nozzle is installed in accordance with the applicable CARB 

Executive Orders. 

4. The following nozzle components are in place and in good condition, as 

specified in CARB Executive Orders or California Code of Regulations, 

Title 17, Part III, Chapter 1, subchapter 8, section 94006 or Health and 

Safety Code Section 41960.2 (e): 

a. faceplate/facecone; vapor splash guard/fill guard/efficiency 

compliance device (ECD) 

b. bellows 

c. latching device spring 

d. vapor check valve 

e. spout (proper diameter/vapor collection holes) 

f. insertion interlock mechanism 

g. automatic shut-off mechanism 

h. Hold open latch 

5. The hoses are not torn, flattened or crimped. 

6. The vapor recovery hoses are the required size and length. 

7. The hoses with retractors are adjusted to maintain a proper loop, and the 

bottom of the loop is within the distance from the island surface certified 

by the CARB Executive Order for that particular dispenser configuration. 

8. The vapor recovery nozzles are equipped with required hoses. 

9. The bellows-equipped vapor recovery nozzles are equipped with CARB 

certified insertion interlock mechanisms. 

10. If required, the flow limiter is not missing and is installed properly. 

11. The swivels are not missing, defective, or leaking, and the dispenser-end 

swivels, if applicable, are Fire-Marshall approved with 90-degree stops. 

12. If required, the liquid removal devices comply with required CARB 

certifications and are properly installed. 

13. For bellows-less nozzles, the hoses are inverted coaxial type except for 

Hirt systems, and the vapor collection holes are not obstructed. 

14. For vacuum-assist systems, the vapor processing unit and burner are 

functioning properly. 
Rule 461 (Cont.) (Amended March 7, 2008April 6, 2012) 

461 - 33 

ATTACHMENT C – CONTINUED 

15. For aspirator-assist systems, the major components (i.e. aspirator or jet 

pump, modulating valve, and vapor check valve) are present inside each 

dispenser. For aspirator-assist systems with certification-required 

calibration stickers, the current calibration sticker is present.