FEATHER RIVER AQMD 3.8 - 1

RULE 3.8 GASOLINE DISPENSING FACILITIES (Adopted 6/91, Amended 6/2/2014)

A. GENERAL

A.1 PURPOSE: The purpose of this rule is to limit displaced 

gasoline vapors from storage tanks and transport vessels. 

A.2 APPLICABILITY: This rule applies to the transfer of 

gasoline into any stationary storage tank located at a 

gasoline dispensing facility.

A.3 SEVERABILITY: If a court of competent jurisdiction issues 

an order that any provision of this rule is invalid, it is 

the intent of the District that other provisions of this 

rule remain in full force and effect, to the extent allowed 

by law.

B. EXEMPTIONS

B.1 EXEMPTION: The provisions of this rule shall not apply to 

the following:

a. Storage tanks with a capacity of 250 gallons or less;

b. The transfer of gasoline into any stationary storage 

tank used exclusively for the fueling of implements of 

husbandry, as such vehicles are defined in Division 16 

(Section 36000 et seq.) of the California Vehicle Code, 

if such storage tank is equipped with a permanent 

submerged fill pipe; or

c. Storage tanks located at gasoline bulk plants or 

gasoline terminals. 

B.2 EXEMPTION – PHASE I: The provisions of Sections D.2 and D.8

shall not apply to any stationary storage tank which meets 

all of the following requirements:

a. The storage tank was installed at the stationary source

prior to June 1991; and

b. The storage tank maintains a monthly throughput of less 

than 10,000 gallons.

B.3 EXEMPTION – PHASE I EVR: The provisions of Section D.2

shall not apply to any stationary storage tank used at a 

non-retail gasoline dispensing facility that is equipped 
FEATHER RIVER AQMD 3.8 - 2

with a Phase I vapor recovery system that meets all of the 

following requirements: 

a. The vapor recovery system achieves a minimum vapor 

recovery efficiency of 90% by weight;

b. The storage tank is equipped with a pressure/vacuum 

valve; and

c. The storage tank was installed at the stationary source

before July 1, 2014. 

C. DEFINITIONS

C.1 CARB CERTIFIED: A Phase I or Phase II vapor recovery 

system, equipment, or any component thereof, for which CARB 

has evaluated its performance and issued a valid Executive 

Order pursuant to Health and Safety Code Section 41954. 

Each component of a system is a separate CARB certified 

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

other items that are not certified for use with 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.

C.2 DELIVERY VESSEL: Any motor vehicle, trailer, or rail car 

used for the transportation of gasoline.

C.3 DRY BREAK: A Phase I vapor recovery component that opens 

only by connection to a mating device to ensure that no 

gasoline vapors escape from the storage tank before the 

vapor return line is connected and sealed.

C.4 ENHANCED VAPOR RECOVERY (EVR): Performance standards and 

specifications set forth in the CARB CP-201 (Certification 

Procedure for Vapor Recovery Systems at gasoline dispensing 

facilities) or in CARB CP-206 (Certification Procedure for 

Vapor Recovery Systems at Gasoline Dispensing Facilities 

Using Aboveground Storage Tanks). 

C.5 EXECUTIVE ORDER: A document issued by CARB pursuant to 

Health and Safety Code Section 41954 certifying that a 

specific vapor recovery system meets the applicable 

performance specifications and setting conditions for the 

certification.
FEATHER RIVER AQMD 3.8 - 3

C.6 GASOLINE: Any petroleum distillate or petroleum 

distillate/alcohol blend having a Reid vapor pressure of 4 

pounds per square inch absolute or greater as determined by 

a method specified by test methods ASTM DM2879-97 (2007), 

ASTM D323-06, or ASTM D5191-07.

C.7 GASOLINE BULK PLANT: Any gasoline loading facility where 

the primary delivery of gasoline to a storage tank is other 

than by pipeline.

C.8 GASOLINE DISPENSING FACILITY: A stationary source 

consisting of one or more storage tanks and associated 

equipment that receives, stores, and dispenses gasoline to 

motor vehicle fuel tanks.

C.9 GASOLINE TERMINAL: Any loading facility where delivery of 

gasoline to a storage tank is primarily by pipeline. In the 

event the pipeline is not operational, delivery of gasoline 

to the storage tanks may be by delivery vessel. 

C.10 LOADING FACILITY: A facility which uses a gasoline loading 

rack or set of such racks to load gasoline into delivery 

vessels.

C.11 MOTOR VEHICLE: Any self-propelled vehicle as defined in 

Section 415 of the California Vehicle Code.

C.12 PHASE I: A gasoline vapor recovery system or equipment that 

recovers the vapors generated during the transfer of 

gasoline from transport vessels into storage tanks. 

C.13 PRESSURE/VACUUM VALVE: A valve that is installed on the 

vent pipe(s) of the gasoline storage tank to relieve 

pressure or vacuum build-up at preset values of pressure or 

vacuum within the tank. 

C.14 RETAIL GASOLINE DISPENSING FACILITY: Any gasoline 

dispensing facility subject to the payment of California 

sales tax for the sale of gasoline to the public. 

C.15 SPILL CONTAINER: 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.
FEATHER RIVER AQMD 3.8 - 4

C.16 SUBMERGED FILL PIPE:

a. Top Loading: Any fill pipe which has the discharge 

opening entirely submerged when the liquid level is 6 

inches above the bottom of the tank.

b. Side Loading: Any fill pipe which has the discharge 

opening entirely submerged when the liquid level is 18 

inches above the bottom of the tank.

C.17 VAPOR TIGHT: A vapor leak of less than 10,000 ppm 

hydrocarbon concentration, as determined by EPA Reference 

Method 21, using an appropriate analyzer calibrated with 

methane. 

D. REQUIREMENTS

D.1 SUBMERGED FILL PIPE: A person shall not transfer or permit 

the transfer of gasoline into any stationary storage tank

unless such storage tank is provided with a permanent 

submerged fill pipe.

D.2 GASOLINE TRANSFER INTO STORAGE TANKS: A person shall not 

transfer, allow the transfer or provide equipment for the 

transfer of gasoline from any transport vessel into any 

storage tank unless all of the following conditions are 

met: 

a. The gasoline storage tank is equipped with a CARB 

certified Phase I Enhanced Vapor Recovery (EVR) system

that shall prevent emission to the atmosphere of at 

least 95%, by volume, of the gasoline vapors displaced 

from the storage container during the transfer of 

gasoline into the container;

b. All aboveground storage tanks are equipped with a 

Standing Loss Control vapor recovery system as certified 

by the CARB pursuant to Certification Procedure CP-206;

c. All vapor recovery systems are maintained and operated 

according to the manufacturer's specifications and the 

most recent applicable CARB Executive Orders;

d. All vapor return lines are connected between the 

transport vessel and the storage tank while gasoline is 

transferred, and all associated hoses, fittings, and 

couplings are maintained in a liquid tight and vapor 

tight condition; and

e. The following equipment shall be installed, operated and 

maintained as specified below: 

1. All fill tubes are equipped with vapor tight caps; 
FEATHER RIVER AQMD 3.8 - 5

2. All dry breaks are equipped with vapor tight seals 

and vapor tight caps; 

3. All CARB certified coaxial fill tubes are springloaded and operated so that the vapor passage from 

the storage tank back to the transport vessel is not 

obstructed; 

4. The fill tube assembly, including fill tube, fittings 

and gaskets, is maintained to prevent vapor leakage 

from any portion of the vapor recovery system; 

5. All storage tank vapor return lines without dry 

breaks are equipped with vapor tight caps; and

6. Each vapor tight cap is in a closed position except 

when the fill tube or dry break it serves is actively 

in use.

D.3 CERTIFICATION REQUIREMENTS: A person shall not offer for 

sale, sell, or install within the District any Phase I 

vapor recovery equipment unless such equipment is CARB 

certified. 

D.4 VAPOR TIGHT: All vapor recovery equipment and gasoline 

loading equipment shall be maintained in good working order 

and shall be leak free and vapor tight.

D.5 MAINTENANCE INSPECTIONS – RETAIL GASOLINE FACILITY: The 

owner/operator of any retail gasoline dispensing facility 

shall perform a maintenance inspection in accordance with 

the protocol specified in Section D.7 to ensure proper 

operating conditions of all components of the vapor 

recovery systems. The inspection shall be performed weekly, 

or at the frequency specified in the District Permit to 

Operate, whichever is more stringent.

D.6 MAINTENANCE INSPECTIONS – NON-RETAIL GASOLINE FACILITY: The 

owner/operator of any non-retail gasoline dispensing 

facility shall perform a maintenance inspection in 

accordance with the protocol specified in Section D.7 to 

ensure proper operating conditions of all components of any 

applicable vapor recovery system. The inspection shall be 

performed monthly, or at the frequency specified in the 

District Permit to Operate, whichever is more stringent.

D.7 MAINTENANCE INSPECTION PROTOCOL: The owner/operator of a 

gasoline dispensing facility shall, at a minimum, verify 

the following and record the results during the maintenance 

inspection: 
FEATHER RIVER AQMD 3.8 - 6

a. The fill caps and gaskets are not missing, damaged, or 

loose;

b. The submerged fill pipe is not missing or damaged; and

c. If applicable: 

1. The spill container is clean and does not contain 

gasoline, and the spill containment drain valve is 

seating properly;

2. The spring-loaded submerged fill tube seals properly

against the coaxial fitting; and

3. The dry break is not missing or damaged;

D.8 SOURCE TESTING: 

a. Within 60 calendar days of the initial operation of a 

new or modified gasoline dispensing facility, the 

owner/operator shall conduct and successfully pass the 

performance tests required by the applicable District 

Authority to Construct permits and CARB Executive 

Orders.

b. The owner/operator of a gasoline dispensing facility 

shall conduct and successfully pass the reverification 

performance tests in accordance with the test methods 

specified in Section F, and any additional tests 

required by the applicable CARB Executive Orders or 

District Permit to Operate to verify the proper 

operation of the vapor recovery system. Each 

reverification test shall be completed within 12 months 

of the previous successful test.

c. A person who conducts performance tests shall comply 

with all of the following: 

1. Conduct tests in accordance with the applicable test 

methods specified in Section F and other CARB testing 

procedures. Tests shall be conducted using calibrated 

equipment meeting the calibration range and

calibration intervals specified by the manufacturer;

2. Provide notification to the District at least 10 days 

prior to testing, except for reverification tests 

conducted after a drive-off; and

3. Submit a copy of the test report in District-approved 

format to the District within 15 days after each test 

is conducted. The test report shall include all the 

required records of tests, test data, a statement 

whether the system or component tested meets or fails 

to meet the required standards, and the name and 

signature of the person responsible for conducting 

the tests. 
FEATHER RIVER AQMD 3.8 - 7

d. Notwithstanding Section c.2 above, the owner/operator 

that has failed a performance test or portions thereof 

may retest the facility provided that the person 

conducting the tests has complied with one of the 

following: 

1. Notify the District at least 12 hours prior to 

retesting; or 

2. When all necessary repairs are performed during the 

same day the facility has failed, 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 Section E. 

e. The owner/operator shall not operate or resume operation 

of a gasoline dispensing facility unless the facility 

has successfully passed the applicable performance 

tests. Notwithstanding the above, when a dispenser 

associated with any equipment that has failed a 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 APCO pursuant to Section 

E. 

E. MONITORING AND RECORDS:

E.1 RECORDKEEPING: A person who performs maintenance

inspections, repairs, or testing at any gasoline dispensing 

facility 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 shall maintain 

all records listed below on site and any other test results 

or maintenance records that are required to demonstrate 

compliance for a period of at least 5 years. Records for 

non-retail gasoline dispensing facilities that are unmanned 

may be kept off site provided that the records are made 

available to District personnel within 72 hours. All 

records required by this section shall be made available to 

District personnel upon request both on site during 

inspections and offsite as specified. 
FEATHER RIVER AQMD 3.8 - 8

a. Records of all defective components identified or 

repaired during maintenance inspections. 

b. Repair logs shall include, at a minimum: 

1. Date and time of the repair;

2. The name of the person(s) who performed the repair, 

and if applicable, the name, address and phone number 

of the person’s employer;

3. Description of each component that was repaired, 

serviced, removed, or replaced, including the 

required component identification information; and

4. If applicable, each component that was installed as a 

replacement, including the required component 

identification information; and

c. Records of tests, which shall include: 

1. Date and time of each test;

2. Name, affiliation, address and phone number of the 

person(s) who performed the test;

3. Test data and calibration data for all equipment 

used;

4. Date and time that each test is completed;

5. Date and time that the facility owner/operator is 

notified of the results;

6. For a test that fails, a description of the reasons 

for the test failure shall also be included;

7. For a retest following a failed performance or 

reverification test, description of repairs 

performed; and 

8. Copies of the test reports in District-approved 

format.

E.2 RECORDKEEPING – TRANSFER OF OWNERSHIP: If a facility 

undergoes a transfer of ownership, the new owner shall be 

responsible for collecting and maintaining all records from 

the previous owner, as specified in section E.1.

E.3 BURDEN OF PROOF: Any person claiming exemption pursuant to 

Section B.1, B.2, or B.3 shall have records available that 

would allow the APCO to verify the eligibility of the 

exemption.

F. TEST METHODS AND PROCEDURES 

F.1 STATIC PRESSURE DECAY: The static pressure performance 

tests of a Phase I vapor recovery system for underground 
FEATHER RIVER AQMD 3.8 - 9

and aboveground tanks shall be determined in accordance 

with CARB Test Procedure TP-201.3 and TP-201.3B or TP206.3, as applicable.

F.2 ALTERNATIVE TEST PROCEDURES: Those vapor recovery systems 

whose CARB Executive Orders specify different tests to be 

performed instead of, or in addition to, the referenced 

test methods, or which, by their design, preclude the use 

of the referenced test methods, shall be tested in

accordance with the test procedures specified in the 

applicable CARB Executive Orders or their equivalents as 

approved by the EPA.