RULE 4622 GASOLINE TRANSFER INTO MO TOR VEHICLE FUEL TANKS (Adopted May 21, 1992; Amended No vember 18, 1992; Amende d December 17, 1992; Amended February 17, 1994; Amended June 18, 1998; Amended September 19, 2002; Amended Dece mber 20 , 2007)

1.0 Purpose

The purpose of this rule is to limit emi ssions of gasoline vapors from th e transfer of gasoline into motor vehicle fuel tanks.

2.0 Applicability

This rule applies to any gasoline storage a nd dispensing oper ation or mobile fueler from which gasoline is transferred into motor vehicle fuel tanks, except as provided in Section

4.0.

3.0 Definitions

For the purpose of this rule, the following definiti ons shall apply:

3.1 APCO: as defined in Rule 1020 (Definitions).

3.2 ARB: California Air Resource Board.

3.3 ARB Certified: a vapor recovery system, equipment, or any component thereof, for which the ARB has evaluate d its performance and issued a valid Executive Order pursuant to California Heal th and Safety Code Section 41954. Each component of a syst em that is a separate ARB certified item cannot be replaced with a non-certified item or othe r items that are not certified for use with the particular system . Except for qualified re pairs, an ARB certified component shall be as supplied by th e qualified manufacturer. A rebuilt component shall not be deemed as ARB certified unless the person who rebuilds the component is authorized by ARB to rebuild the designa ted ARB certified

component.

3.4 ASTM: American Society for Testing and Materials.

3.5 Background: the ambient concentration of organic compounds de termined at least two (2) meters upwind from any com ponent to be inspect ed and which is uninfluenced by any specific emission permit unit.

3.6 Business Day: a ny weekday, including Monday, Tuesday, Wednesday, Thursday, and Friday.

SJVUAPCD 4622 - 1 12/20/073.7 Component: incl udes, but is not limite d to, any valve, latc h, fitting, pressure relief device, hose, nozzle, dispense r, or module in VOC service.

3.8 Emergency: a fire, flood, earthquake, or other similar catastrophe.

3.9 EPA: United St ates Environmental Protection Agency.

3.10 Existing Storage Container: a gasoline storage container which was in existence on or before May 21, 1992.

3.11 Gasoline: any pe troleum distillate, or petroleum distillate/alcohol blend or alcohol having a Reid vapor pressure of four (4) pounds per square inch absolute or greater, which is used as a motor vehicle fuel, or any fuel wh ich is commonly or commercially known or so ld as gasoline.

3.12 Gasoline Storage and Dispensing Operation: an aggregate of one or more stationary storage containers, any of whic h is subject to the provisions of Rule 4621 (Gasoline Transf er into Stationary Storage Containers, De livery Vessels, and Bulk Plants) and this rule together with dispensers an d control equipment required by the rules.

3.13 Gasoline Vapors: the organic compounds in th e displaced vapor s including any entrained liquid gasoline.

3.14 Highway: a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicu lar travel. Highway includes street.

3.15 Hold-Open Latch: the in tegral component of a gasoline dispen sing nozzle which permits the nozzle to remain open without a sustained effort on the part of the

refueler.

3.16 ICC: The International Code Council.

3.17 Leak: the dr ipping of VOC-containing liquid at a rate of more than three (3) drops per minute, or the detect ion of any gaseous or vapor emissions with a

concentration or tota l organic compound gr eater than 10,000 ppmv, as methane, above background when measured in accordance with the test method in Section 6.5.4. Any liquid or gas coming from a component undergoing repair or replacement, or during sampling of proces s fluid from a component or equipment

into a container is not cons idered sampling of a leak provided such activities are accomplished as expeditiously as possible and with mini mal spillage of material

and VOC emissions to the atmosphere.

3.18 Major Defect: any defect that meets the criteria of California Code of Regulations, Title 17, Division III, Chapte r 1, Subchapter 8, Article 1, Section 94006 and is

SJVUAPCD 4622 - 2 12/20/07listed on ARB’s Vapor Recovery Equipmen t Defects (VRED) list or is specified within the Executive Order certifying th e vapor recovery syst em, as applicable.

3.19 Major Modification: th e addition, replacement, or re moval of fifty percent or more of the buried vapor piping, or the replacement of dispensers. The replacement of a dispenser is not a majo r modification when the replacement is occasioned by end user damage to a dispenser.

3.20 Mobile Fueler : any gasoline delivery vessel with an attached container that is used to transport and dispense gasoline from an onboard storage container into any
motor vehicle fuel tank.

3.21 Motor Vehicle: a vehi cle that is self propelled

.

3.22 Normal Business H ours: Monday th rough Friday, 8:00 am to 5:00 pm.

3.23 Portable Hydrocarbon De tection Instrument: a hand -held hydrocarbon analyzer

that meets the cr iteria specified in US EPA Me thod 21, 40 CF R Part 60. The

instrument shall be cali brated with methane.

3.24 Phase II Vapor Recovery System: a vapor r ecovery system that controls vapors during the transfer of gasoline from the gasoline dispensing operation to the vehicle and storage of gasoline at the gasoline dispensing operation.

3.25 Retail Gasoline Outlet: an establishment at which gaso line is sold or offered for sale to the general public for use in motor vehicles.

3.26 Topping Off: to attempt to dispense gasoline to a motor vehicle fuel tank after a vapor recovery dispensing nozzle has sh ut off automatically . The filling of a

vehicle tank which can be filled only after the seal between the fill pipe and the nozzle is broken, due to the nature and configuration of the fill pipe which causes premature shut-off of the dispensing nozzle, shall no t be considered topping off.

3.27 Vehicle: a device by which any pers on or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

3.28 Vehicle Fleet: a gr oup of vehicles operated under the c ontrol of a single owner/operator.

SJVUAPCD 4622 - 3 12/20/074.0 Exemptions

4.1 Except for the provisions of Section 6.1.1 and 6.1.2, requirements of this rule shall not apply to the transf er of gasoline into motor vehicle fuel tanks from any existing storage container, as defined in Se ction 3.10, with an aggregate dispensing operation throughput of:

4.1.1 less than or eq ual to 24,000 ga llons per calen dar year; and

4.1.2 less than or equal to 10,000 gallons in any consecutive 30-day period.

4.1.3 Any facility which exceeds the throughput limitations under Section

4.1.1 or 4.1.2 shall be s ubject to all provisions of this rule on and after the date the throughput limitations were exceeded and shall be in compliance according to the schedule in Section 7.1.

4.2 The requirements of this rule shall not ap ply to gasoline storage containers that are

exempt pursuant to Section 4.0 of Rule 4621 (Gasoline Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk Plants).

4.3 Except for Section 6.1.3 and 7.5, the requ irements of this rule shall not apply to

vehicle fleets where 100 percent of the vehicles are equipped with onboard refueling vapor recovery (O RVR) systems. To qualify for this exemption, the operator must also ow n the gasoline dispen sing operation that services the vehicle

fleet.

4.4 The requirements of this rule shall not apply to a mobile fuel er that exclusively

fuels aircraft.

5.0 Requirements

5.1 A person shall not transfer or permit th e transfer of gasoline from any stationary storage container, or from any mobile fueler with a capacity greater than 120 gallons, into a motor vehicl e fuel tank with a capacity greater than 5 gallons, unless the gasoline dispensing unit used to transfer the ga soline is equipped with and has in operation an ARB certifie d Phase II vapor recovery system.

5.1.1 All ARB certified Phase II vapor recovery systems shall be maintained according to ARB certifi cations and the manuf acturer specifications applicable to the system.

5.1.2 All ARB certified Phase II vapor recovery systems and gasoline dispensing equipment shall be maintained withou t leaks as determined in accordance

with the test method in Section 6.5.4.

SJVUAPCD 4622 - 4 12/20/075.2 Installation

5.2.1 Any gasoline dispensing system subject to this rule shal l comply with the provisions of this rule at the time of installation.

5.2.2 Operators shall have all underground stor age container inst allations and all underground piping configurations inspected by the APCO prior to backfilling. The operator shall notify the District by telephone or other District-approved method and obtain a confirmation number at least three business days prior to the backfilling.

5.2.3 Installation and maintenance contr actors shall comply with the following requirements on and af ter June 20, 2008:

5.2.3.1 Be certified by the ICC for Vapor Recovery System Installation and Repair; and

5.2.3.2 Renew the ICC certification for Vapor Recovery System Installation and Repa ir every 24 months.

5.2.3.3 Make available onsite proof of ICC certification, and

5.2.3.4 Have and make availabl e on site proof of any and all certifications required by the Executive Order and installation and operation manual in order to install or ma intain specifi c systems.

5.2.4 In lieu of complying with Sections 5.2.3.1 through 5.2.3.4, installation and

maintenance contractor s may work under the di rect and personal supervision of an indivi dual physically present at the work site who possesses and makes availabl e on site current certifications from the ICC, indicating the individual has passed the ICC Vapor Recovery System Installation and Repair ex am and all other certifi cations required by the applicable Executive Order.

5.2.5 Notwithstanding any provisions of this rule, any gasoline dispensing operation which has instal led and obtained a permit to operate an ARB certified Phase II vapor recovery system shall continue to use such system

and shall maintain the system and all of its components in good repair in order that such system can continue to comply with the certification recovery efficiency.

SJVUAPCD 4622 - 5 12/20/075.2.6 Any ARB certifie d Phase II vapor recovery system that has been installed shall not be removed regardless of th e amount of gasoli ne dispensed or how the gasoline is delivered to the operation.

5.2.6.1 This requiremen t shall not include thos e operations that are exempt or become exempt per Section 4.3.

5.2.6.2 This requirement shall not pr eclude the installati on of a new ARB certified Phase II vapor recovery system.

5.3 Inspections

5.3.1 The owner or operator of an ARB ce rtified Phase II vapor recovery system shall conduct periodic ma intenance inspections to ensure that components of the vapor recovery system ar e in proper operating condition.

5.3.2 The frequency of inspections shall be based on the operation’s largest monthly gasoline throughput from th e previous calendar year as indicated
in Table 1.

Table 1 – Schedule of Maintenance Inspection Gasoline Dispensed by the facility during largest monthly throughput of previous year Frequency of Inspections

A. Retail Gasoline Outlets 1. Less than 25,000 gallons One day per week 2. 25,000 gallons or greater Five days per week B. Non-Retail Gasoline Outlets and other gasoline dispensing operations 1. Less than 2,500 gallons One day per month 2. 2,500 to less than 25,000 gallons One day per week 3. 25,000 gallons or greater Five days per week

5.3.3 Until June 20, 2008, ex cept for gasoline dispensing operati ons identified in Table 1 Category B.1, the vapor path sh all be inspected at least once per week. Until June 20, 2008, for faci lities identified in Table 1 Category B.1, the vapor path shall be inspected at least once per calendar month.

5.3.4 On and after Ju ne 20, 2008, th e frequency of vapor path inspections shall be based on the amount of gasolin e dispensed by the operation in a

calendar month as indi cated in Table 1.

SJVUAPCD 4622 - 6 12/20/075.3.5 The person conducting the inspect ions shall at a minimum, verify the following during inspections:

5.3.5.1 That the fueling instructions requ ired by Section 5.5 are clearly displayed with the a ppropriate toll-free co mplaint phon e number and toxic warning signs.

5.3.5.2 That the following nozzle co mponents are in place and in good condition as specified in ARB Executive Orders: faceplate/facecone, be llows, latching device spring , vapor check valve, spout (proper diameter/vapor collection holes), insertion interlock mechanism, automatic shut-off mechanism, hold open

latch.

5.3.5.3 That the hoses are not torn, flattened or crimped.

5.3.5.4 That the vapor path of coaxial hoses associated with bellows equipped nozzles does not contain more than 100 ml of liquid.

5.3.5.4.1 The amount of liquid in the vapor path shall be determined by lowering the gasoline dispensing nozzle
into a container, opening the vapor check valve, and allowing the hose to drain unt il such time that no more liquid drains from the nozzle.

5.3.5.4.2 The amount of liquid drained into the container shall be measured using a graduated cylind er or graduated

beaker.

5.3.5.5 That the vapor processing un it is functionin g properly, for operations that are re quired to have or possess such a unit.

5.4 Maintenance and Repair

5.4.1 No person shall oper ate any ARB certified Phase II vapor recovery system or any portion thereo f that has a major defect or an equipment defect that is identified in any applicable ARB Executive Order, until:

5.4.1.1 The defect has been repaired, replaced, or adjusted as necessary to correct the defect;

5.4.1.2 The District has been notified, and the District has reinspected the system or authorized the system for use. Such authorization shall

SJVUAPCD 4622 - 7 12/20/07not include the au thority to operate the equipment prior to the

correction of the def ective components; and

5.4.1.3 All major defects, after repair, are duly entered into the Operations and Maintenance (O&M) manual.

5.4.2 Upon identification of any major defect, the owne r or operator shall tag "Out-of-Order" all dispensing equipment for which vapor recovery has been impaired.

5.4.2.1 Tagged equipment shall be re ndered inoperable and the tag(s)

shall not be removed until the defective equipment has been repaired, replaced, or ad justed, as necessary.

5.4.2.2 In the case of defects identified by the District, tagged equipment shall be rendered inoperable, an d the tag shall not be removed

until the District has been notified of the repairs, and the District has either reinspected the syst em or authorized the tagged equipment for use.

5.4.3 Breakaway valves, ho ses, and nozzles shall be ARB certified.

5.4.4 In the event of a separation due to a drive off, the owne r or operator shall complete one of the fo llowing, unless otherw ise specified in the applicable ARB Executive Order, and document the activities in accordance with Section 6.2, before placing the aff ected equipment back in service:

5.4.4.1 Conduct a vi sual inspection of the affected equipment, perform qualified repairs on any dama ged components, and conduct applicable reverification tests pursuant to Sections 6.5.1.1 and
6.5.1.4, or

5.4.4.2 Conduct a visual insp ection of the affected equipment and replace the affected nozzles, coaxial hoses, breakaway couplings, and any other damaged compon ents with new or certified rebuilt components that are ARB certif ied, before placing affected equipment back in service.

5.5 No owner or operator of a retail gasoline outlet shall op erate or allow the operation

of an ARB certified Phase II vapor recovery system unle ss operating instructions for the system:

5.5.1 Are posted, noticeable, and readable from any place from which gasoline may be dispensed from the operation,

SJVUAPCD 4622 - 8 12/20/075.5.2 Describe clearly how to fuel vehicles correctly using the station's dispensing nozzles,

5.5.3 Include a warning that topping off may result in spillage or recirculation of gasoline and is prohibited, and

5.5.4 Display prominently the District 's or the ARBs toll-free telephone number, or both, a nd the information that such number or numbers can be used to register complaints re garding the operat ion of the vapor

recovery system.

5.6 No person shall top off a motor vehicle fuel tank.

5.7 Each retail gasoline outlet shall utiliz e hold-open latches on all gasoline dispensing

nozzles.

5.7.1 Any gasoline dispensi ng nozzle which is insta lled, repaired, or replaced shall be equipped with a hold-open latch.

5.7.2 The hold-open latch shall be installed on the gasoline dispensing nozzle by the original manu facturer of the nozzle, or if retrofitted, shall be installed using components and pr ocedures approved by the nozzle

manufacturer.

5.8 The requirements of Sectio n 5.7 shall not appl y to operations where the use of hold-open latches is prohib ited by law or the local fire control authority.

5.9 No owner or operator shal l tamper with, or permit tampering with, the system in a manner that would impair the operati on or effectiveness of the system.

5.10 All liquid removal devi ces required by ARB Executive Order shall be maintained to achieve a minimum liquid removal rate of five milliliters per gallon. This standard shall apply at dispensing rates ex ceeding five gallons per minute, unless a higher removal rate is specified in the applic able Executive Order.

5.11 Mobile Fueler Re gistration Requirements

On and after December 20, 2008 , the owner of a mobile fu eler shall re gister such mobile fueler pursuant to Rule 2250 (Permit-Exempt Equipment Re gistration), except for a mobile fueler th at is not required to comply with Section 5.1 of this

rule.

SJVUAPCD 4622 - 9 12/20/076.0 Administrativ e Requirements

6.1 Recordkeeping and Report ing for Exempt Operations:

6.1.1 Gasoline disp ensing operations that are ex empt under Section 4.1 shall maintain gasoline throughput record s which will allo w the gasoline throughput for any 30-day period to be continuously determined. These

records shal l be maintained on th e premises as long as exempt status is
claimed.

6.1.2 Any gasoline dispensing operatio n previously exempt under Section 4.1 whose gasoline throughput exceeds the exemption levels in Sections 4.1.1 and 4.1.2 shall notify the Di strict within 30 days of the date of exceeding the exemption levels.

6.1.3 An operator cl aiming exemption under Section 4.3 shall keep a record of the make, model, model year, and ve hicle identification number of all

vehicles refueled at the gasoline dispensing operation. These records shall be maintained on the pr emises for at least five calendar years.

6.2 Recordkeeping and Reporti ng for Non-exempt Operations

6.2.1 Operators shall retain the test re sult verification that each ARB certified Phase II vapor recovery system meets or exceeds the requirements of the tests specified in Section 6. 5. These verifica tions shall be maintained for at least five years. These test results shall be dated a nd shall contain the
names, addresses, and te lephone numbers of the companies responsible for system installation and testing.

6.2.2 A person who pe rforms repairs on any ARB cer tified Phase I or Phase II vapor recovery system shal l provide to the owner or operator a repair log, which the owner or operator shall maintain on the prem ises for at least five years and which shall includ e all of the following:

6.2.2.1 Date and time of each repair;

6.2.2.2 The name and applicable certification numbers of the person(s) who performed the repair, and, if applicable, the name, address and phone number of th e person’s employer;

6.2.2.3 Description of service performed;

6.2.2.4 Each component that was repaired, serviced, or removed;

SJVUAPCD 4622 - 10 12/20/076.2.2.5 Each component that was insta lled as replacement, if applicable;

6.2.2.6 Receipts or other documents for parts used in the repair and, if applicable, work orders which shall include the name and signature of the pers on responsible for performing the repairs.

6.2.3 Each operator who is required to perform periodic maintenance inspections
under Section 5.3 shall ma intain monthly gasoline throughput records on the premises for a minimum of five years, make them available on site during normal business hours to the APCO, ARB, or EPA, and submit

them to the AP CO, ARB, or EP A upon request.

6.3 Recordkeeping Requirements for the Operations & Maintenance Manual (O&M Manual)

6.3.1 The owner or operator of a gasoline dispensing operation shall maintain an

O&M Manual in accordan ce with Section 6.3.

6.3.2 The O&M manual shall be kept at the dispensing op eration and made available to any person who operates, inspects, mainta ins, repairs, or tests the equipment at the ope ration as well as to Di strict personnel upon

request.

6.3.3 The O&M manual shall, at a minimum, include the following current

information:

6.3.3.1 Copies of all vapor recovery performance tests,

6.3.3.2 All applicable ARB Executive Orders, Approval Letters, and District Permits,

6.3.3.3 Manufacturer’s sp ecifications and instruct ions for installation, operation, repair, and maintenance required pursuant to ARB

Certification Procedur e CP-201, and any add itional instruction provided by the manufacturer,

6.3.3.4 System and/or component testing requirements, including test schedules and passing cr iteria for each of the standard tests listed in Section 6.0. The owner/op erator may incl ude any non-ARB required diagnostic and other tests as part of the testing requirements, and

6.3.3.5 Additional O&M instructions, if any, that are designed to ensure compliance with the applicable ru les, regulations, ARB Executive

SJVUAPCD 4622 - 11 12/20/07Orders, and Dist rict permit c onditions, including replacement

schedules for fail ure or wear pr one components.

6.3.4 Owners or operators of gasoline di spensing operations shall document the periodic maintenance inspecti on program in the O&M manual.

6.4 Testing Requirements

6.4.1 Operators shall comply with the ARB certified Phase II vapor recovery system performance tests specified in Sections 6.4.1.1 th rough 6.4.1.4 and shall conduct all ap plicable performance tests at start up and thereafter (no more than 30 days before or after th e required compliance testing date) as required by AR B Executive Order and installati on and operati on manuals.

6.4.1.1 Conduct and pass a Static Leak Test of the AR B certified Phase II vapor recovery system at l east once every twelve months.

6.4.1.2 Conduct an d pass a Dynamic Back-Pre ssure Test of the ARB

certified Phase II va por recovery system at least once every

twelve months except for those aboveg round storage tanks that have integral dispensers (non-remote), unless otherwise required

under ARB Execut ive Order.

6.4.1.3 For ARB certified Phase II vapor recovery systems with bellowsless nozzles, conduct and pass, as applicable, an Air-to-Liquid Volume Ratio Test or a Vapor-to -Liquid Ratio Test at least once every six months.

6.4.1.4 For ARB certified Phase II vapor recovery systems with a liquid removal device required by ARB Executive Orders, conduct and pass a Liquid Removal Test whenever the liquid in the vapor path exceeds 100 ml of liquid. The am ount of liquid in the vapor path

shall be determined in accordance with the procedure specified in

Section 5.3.5.4.

6.4.2 The person res ponsible for conducting the test s specified in Section 6.4 shall use calibrated equipment meeting the calibration rang e and calibration intervals specified by the manufacturer, ARB Executive Order, or ARB test procedure.

6.4.3 Until Ma rch 20, 2008 persons re sponsible for conducti ng the tests specified in Section 6.5 shall have completed a District-approved training program
or the District’s orienta tion class for testing and any subsequent required
refresher class.

SJVUAPCD 4622 - 12 12/20/076.4.4 Effective on and afte r March 21, 2008, persons responsible for conducting the tests specified in S ection 6.5 shall be in fu ll compliance with all provisions of Rule 1177 (Gasolin e Dispensing Facility Tester Certification).

6.4.5 Each gasoline dispensing operation shall notify the District at least seven days prior to any pe rformance testing.

6.4.6 Each ARB certified Phas e II vapor recovery system shall be tested within 60 days of completion of in stallation or modification.

6.5 Test Methods

6.5.1 Tests shall be conduct ed in accordance with th e latest version of the following ARB and EP A approved test methods, or their equivalents as approved by the EPA, and the APCO.

6.5.1.1 Static Leak Test for Underground Ta nks, ARB TP-201.3

6.5.1.2 Dynamic Back-Press ure Test, ARB TP-201.4

6.5.1.3 Air-to-Liquid Volume Ratio Test, ARB TP-201.5

6.5.1.4 Liquid Removal Test, ARB TP-201.6C

6.5.1.5 Static Leak Te st for Aboveground Tanks, ARB TP- 206.3 or TP201.3B as applicable.

6.5.2 Those vapor recove ry systems whose ARB Ex ecutive Orders specify

different tests to be performed instead of, or in addition to, the referenced test methods, or which, by their design, preclude the use of the referenced test methods, shall be tested in accordance with the test procedures specified in the applicable ARB Ex ecutive Orders or their equivalents as approved by the APCO and EPA.

6.5.3 The Reid Vapor Pressure of gaso line shall be determined in accordance

with ASTM D5191-01.

6.5.4 Detection of leaks shall be in accor dance with EPA Test Method 21.

SJVUAPCD 4622 - 13 12/20/077.0 Compliance Schedule

7.1 Any person who beco mes subject to the requ irements of th is rule through loss of exemption shall comply with the fo llowing increments of progress:

7.1.1 Within 30 days of loss of exempti on from this rule, a complete application for an Authority to Constr uct must be submitted.

7.1.2 Construction and testing for complia nce with this rule shall be completed within six (6) months from issuing date of Authority to Construct.

7.2 Gasoline dispensing operations that co mmence operati on after June 20, 2008 shall be in full compliance with this rule upon in itial operation and thereafter, unless otherwise specified in the certa in provisions in this rule.

7.3 Gasoline dispensing operations and pe rsons not previously subject to this rule shall comply with all pr ovisions by December 20, 2008, unless otherwise specified in the certain provisions in this rule.

7.4 Except as specified in this rule, all provi sions of this rule re main in effect on and
after June 20, 2008.

7.5 Prior to operating under the exemption in Section 4.3, operator s shall modify their Permits to Operate conditions, to allow su ch operations, pursuant to District Rule 2201 (New and Modified Stationa ry Sources Re view Rule).

SJVUAPCD 4622 - 14 12/20/07