### ATTACHMENT B

CHANGE COPY

Change Copy

– Rules 61.4, 61.4.1 B

- 1 1. Amendments to Rule 61.4 are to read as follows:

RULE 61.4 TRANSFER OF VOLATILE ORGANIC COMPOUNDS INTO

VEHICLE FUEL TANKS (Effect. 5/6/77: Rev. Effective 1 0/16/90 , Rev. (date of adoption) )

(a) APPLICABILITY

Except as proved for in Section (b)

- Exemp tions, this rule is applicable to the transfer of volatile

organic compounds (VOC's) into any motor vehicle tank with a capacity greater than 5 gallons (18.9 3

liters) at the following fuel dispensing facilities:

(1) Any retail service station, as defined in Rule 61.0 where VOC's are dispensed into

motor vehicle tanks from any stationary storage tank with a capacity of 250 260 gallons ( 946 984

liters) or more, and

(2) Any facility that is not a retail service station where:

(i) VOC's are dispensed into moto r vehicle tanks from any stationary storage tank with a capacity greater than 550 gallons (2080 liters), and

(ii) Where more than 2000 gallons (7570 liters) of VOC's are transferred into motor vehicle tanks in any calendar month on the parcel of land wher e the facility is located.

(b) EXEMPTIONS (Rev. Effective 10/16/90)

Except as provided in (b)(5) below, t T his rule does not apply to the dispensing of:

(1) VOC's into motor vehicle fuel tanks from any intermediate refueler provided VOC's

are not sold d irectly from the intermediate refueler; or

(2) Natural gas or propane when not mixed with any other VOC; or

(3) VOC's into any vehicles performing emergency work necessary to restore property to a safe condition following a public calamity or work requir ed to protect persons or property from imminent exposure to danger or damage.Change Copy

– Rules 61.4, 61.4.1 B

- 2 (4) VOC's from any stationary storage tank that:

(i) Is used primarily in the fueling of aircraft and/or intermediate aircraft refuelers, or boats; or

(ii) Is used exclusively

in the filling of tanks with a capacity of 5 gallons (18.93 liters) or less; or

(ii) Is located on a parcel of land where on which not more than 2,000 gallons

(7570 liters) are transferred into motor vehicles during any calendar month, provided that

the facility is not a retail service station

. where: The owner or operator of a stationary tank

subject to this requirement shall maintain monthly VOC throughput records. These records

shall be maintained on site for a period of at least three years and be ma de available to the

District upon request.

(A) no stationary storage tank with a capacity of 260 gallons (984 liters) or more is added, installed or replaced at the facility after March 14, 1989; and

(B) no modification, replacement or repair of any unde rground liquid VOC piping from the stationary storage tank to the dispensers occurs at the facility after March 14, 1989; and

(iv) Is located at any retail service station in the Desert portion of San Diego County provided that:

(A) no stationary storage tank with a capacity of 260 gallons (984 liters) or more is added, installed or replaced at the facility after March 14, 1989; and

(B) no modification, replacement or repair of any underground liquid VOC piping from the stationary storage tank to the dis pensers occurs at the facility after March 14, 1989; and

(C) the retail service station does not exceed a VOC throughput of 480,000 gallons (1817 kiloliters) in any calendar year after March 7, 1990; or

(v) is located in the Desert portion of San Diego C ounty at any dispensing facility other than a retail service station; or

(vi) has a capacity of less than 260 gallons (984 liters).Change Copy

– Rules 61.4, 61.4.1 B

- 3 (5) The exemptions of paragraph (4)(iii) and subparagraph (iv)(C) above shall not apply unless the operator maintains reco rds of to total VOC liquid throughputs on the parcel of land where the facility is located, and makes those records available to the District upon request. The throughput records shall be maintained as follows: (Rev. Effective 10/16/90)

(i) For exemptio ns associated with 2000 gallons/month or less, records shall be

maintained for each calendar month and each monthly record shall be kept for at least two

years.

(ii) For exemptions associated with 480,000 gallons/year or less, the records shall

be maintai ned for each calendar year and each yearly record shall be kept for at least two

years

.

(5 ) V OC’s from any stationary storage tank into a vehicle fuel tank at any non

- retail

service station where 95 percent of vehicles refueled are equipped with On

- Board Refueling

Vapor Recovery (ORVR ) provided that the Phase II vapor recovery system

, if previously

installed

, has been

properly removed. Any person claiming this exemption shall maintain records

of the make, model year, vehicle identification number and any other information indicating

whether the vehicle is equipped with ORVR, for all vehicles refueled at such facility. These

records shall be maintained on site for at least three years and be made available to the District

upon request.

(6 ) E85 from any sta

tionary storage tank into a Flexible Fuel Vehicle fuel tank at any

retail or non

- retail service station

.

(c) STANDARDS (Rev. Effective 10/16/90)

Except as provided for in Section (b) of this rule, no person shall transfer or allow the transfer of

VOC's into any motor vehicle fuel tank unless all the following requirements are met:

(1) The vapors displaced during the transfer, and displaced from any storage tank

associated with the transfer, shall be controlled by a Phase II vapor recovery system certi fied by

the State of California Air Resources Board (CARB) to be at least 95% effective , except for any

Phase II vapor recovery system installed prior to July 1, 1976. Any system installed prior to July

1, 1976 shall prevent at least 95% of the vapors dis placed during the transfer, and displaced from

any storage tank associated with the transfer, from being released into the atmosphere

.Change Copy

– Rules 61.4, 61.4.1 B

- 4 If installed after July 1, 1976, t T he Phase II vapor recovery system and its components

shall have been certified by th e California Air Resources Board ( C ARB ) prior to installation;

unless the installation is granted written approval by both the C ARB and the District for the

purpose of conducting field evaluations to determine the certification status of the system and/or

any of its components.

(2) No person shall insert or allow the insertion of an object between any vehicle tank fill spout and any vapor recovery nozzle in order to prevent sealing at the vehicle

- nozzle interface.

(3) The Phase II vapor recovery system an d its components shall be installed, operated, and maintained so that their performance in actual use, as determined by the Air Pollution Control Officer, is:

(i) The same as the C ARB certification test system associated with the applica ble

CARB State Ex

ecutive Order , if the system was installed on or after July 1, 1976, or and

(ii) The same as when approval was granted for a Permit to Operate if the system was installed prior to July 1, 1976, and

(ii i ) The Phase II vapor recovery system and its compon ents are installed, operated

and maintained

in accordance with the applicable CARB Executive Orders and any

instructions of the manufacturer(s) of the system and its compo nents

. unless otherwise

specified by the Air Pollution Control Officer.

(4) The Pha se II vapor recovery system and its components shall not be altered from

their certified

or District approved configuration except as approved in advance by the Air

Pollution Control Officer. Alterations include, but are not limited to:

(i) Piping and fittin

g changes, or installation of valves in the vapor piping; or

(ii) Substitutions of certified components with non

- certified components and removal of certified components; and

(iii) Any other modifications that can affect the emissions.Change Copy

– Rules 61.4, 61.4.1 B

- 5 (5) Except as pro vided in Subsection (c)(6) below, any component, device or system

identified and recorded by the owner/operator as not being in good condition or not operating

properly shall be repaired, replaced, or adjusted within seven calendar days of detection in a

m anner that will bring the facility into compliance with this rule and the most recent applicable

CARB Executive Orders. Upon request and for good cause, the Air Pollution Control Officer

may allow an additional seven calendar days for the repairs, replace ments, or adjustments

specified above to be made.

VOC dispensing equipment shall not be used if its associated Phase II system or any component thereof contains a defect that is determined by the Air Pollution Control Officer as being the same as, or havi ng approximately the same emissions impact as, a defect identified in Title 17, California Code of Regulations, Section 94006. Any other defective Phase II system or component shall be replaced, repaired or adjusted within seven days in a manner that will bring the facility into compliance with the applicable District Rules and Regulations. In the latter case, the associated VOC dispensing equipment shall not be used if every violation is not eliminated within the seven day period. (Rev. Effective 10/16/ 90)

(6) Any component, device or system having a defect identified in Title 17 , California

Code of R egulations

, shall not be used or made available for use.

( 6 7 ) On and after September 1, 1989

, e E ach VOC dispensing nozzle shall be equipped

with a hold

- o pen latch device in proper working order, except where prohibited by the local fire

authority.

(d) SOURCE TESTING

(1) Within 60 calendar days of the installation date of any new or modified service station

an initial compliance source test shall be condu cted as required by the applicable Authority to

Construct and the most recent applicable C ARB Executive Orders.

(2) Periodic compliance source tests shall be conducted at least once every calendar year

and in accordance with the schedule specified by the Air Pollution Control Officer. More frequent

tests may be required as determined necessary by the Air Pollution Control Officer to assure

compliance with this rule.Change Copy

– Rules 61.4, 61.4.1 B

- 6

(e ) RECORDKEEPING

An owner/operator of a service station shall maintain at a minimum the following information:

(1 ) Records of initial and periodic compliance source tests, which include at a minimum:

(i) Date and time of each test;

(ii) Name, affiliation, address, and phone number of the person(s) who performed the test;

(iii) For a ret est following a failed initial compliance or periodic compliance source

test, description of repairs performed; and

(iv) Copies of all test reports, including test equipment calibration date(s), test

results and failed test data, in District

- approved form at and, for a test that fails, a description

of the reasons for the test failure.

(2 ) Monthly throughput records of VOC liquids

.

A ll informa tion specified in Subsections (e)(1) and (e )(2 ) shall be maintained on site for a period

of at least three years a nd be made available to the District upon request.

(f) TEST METHODS

(1) Th e control efficiency

of the Phase II Vapor Recovery System shall be determined in

accordance with CARB Test Method TP

- 201.2

–Efficiency and Emission Factor for Phase II

Systems an

d CARB Test Method TP

- 201.2A

–Determination of Vehicle Matrix for Phase II

Systems as applicable, and shall be determined by including all refueling emissions, stationary

storage tank vent emissions, and pressure

- related fugitive emissions. Pressure

- rela ted fugitive

emissions shall be determined in accordance with CARB Test Method TP

- 201.2F

–Pressure

Related Fugitive Emissions or the most recent applicable test method approved by EPA and

C ARB.Change Copy

– Rules 61.4, 61.4.1 B

- 7 (2 ) The liquid removal rate of a liquid removal system, when required to be installed

pursuant to the most recent applicable CARB Executive Order, shall be determined in

accordance with the CARB Test Method TP

- 201.6C (Option 2)

–Compliance Determination of

Liquid Removal Rate or the most recent applicable test met hod approved by

EPA and CARB.

(3) As applicable, the air to liquid (A/L) volumetric ratio for each nozzle shall be

determined in accordance with the CARB Test M ethod TP

- 201.5 or the most recent applicable

test method approved by EPA and CARB.

(4 ) A pre ssure d ecay leak test of the entire vapor recovery system shall be performed in

accordance with the CARB Test Method 201.3 or 201.3.B as applicable

, or in accordance with

the most recent applicable test method approved by EPA and CARB.

(5 ) Any o ther appli cable test methods approved by EPA and CARB

.

2. Amendments to Rule 61.4.1 are to read as follows:

RULE 61.4.1 TRANSFER OF GASOLINE FROM STATIONARY

UNDERGROUND STORAGE TANKS INTO VEHICLE FUEL
TANKS (Adopted and Effective: 03/01/06)

(a) APPLICABILITY

Except as otherwise provided in Section (b), this rule is applicable at the following gasoline dispensing facilities where gasoline is transferred from stationary underground storage tanks into any motor vehicle fuel tank with a capacity greater than 5 gal lons (18.9 liters):

(1) Any retail gasoline dispensing facility where gasoline is dispensed into motor vehicle fuel tanks from any stationary underground storage tank with a capacity of 250 gallons (946 liters) or more, and

(2) Any non

- retail gasoline di

spensing facility where:

(i) Gasoline is dispensed into motor vehicle fuel tanks from any stationary underground storage tank with a capacity greater than 550 gallons (2,080 liters), andChange Copy

– Rules 61.4, 61.4.1 B

- 8 (ii) More than 2,000 gallons (7,570 liters) of gasoline are transfe rred into motor

vehic le fuel tanks in any calendar month on the parcel of land where the gasoline dispensing facility is located. This parcel of land includes any adjoining parcels of land under common ownership or entitlement to use.

(b) EXEMPTIONS

Th e provisions of this rule shall not apply to the following:

(1) Transfer of gasoline from any intermediate refueler into a motor vehicle fuel tank.

(2) Transfer of gasoline into any vehicles performing emergency work necessary to
restore property to a sa fe condition following a public calamity or work required to protect persons or property from imminent exposure to danger or damage.

(3) Transfer of gasoline from any stationary underground storage tank that is used primarily in the fueling of aircraft a nd/or intermediate aircraft refuelers or boats.

(4) Transfer of gasoline from any stationary underground storage tank at any non

- retail gasoline dispensing facility located on a parcel of land where not more than 2,000 gallons (7,570 liters) are transfe rred into motor vehicle fuel tanks during any calendar month. This parcel of land includes any adjoining parcels of land under common ownership or entitlement to use. Any person claiming this exemption shall maintain gasoline throughput records for each calendar month. These records shall be maintained on site for at least three years and be made available to

the Air Pollution Control Officer upon request.

(5) Transfer of gasoline from any stationary underground storage tank into a vehicle fuel

tank at any non

- retail gasoline dispensing facility where 95 percent of vehicles refueled are

equipped with On

- Board Refueling Vapor Recovery (ORVR) provided that the Phase II vapor

recovery system, if previously installed, has been properly removed. Any person c laiming this

exemption shall maintain records of the make, model year, vehicle identification number and any

other information indicating whether the vehicle is equipped with ORVR, for all vehicles refueled

at such facility. These records shall be maintain ed on site for at least three years and be made

available to the District upon request.

(6) Transfer of E85 from any stationary underground storage tank into a Flexible Fuel

Vehicle fuel tank at any retail or non

- retail gasoline dispensing facility.Change Copy

– Rules 61.4, 61.4.1 B

- 9

(c) DEFINITIONS

Notwithstanding the definitions provided in Rule 61.0, for the purpose of this rule the following definitions shall apply:

(1) “Annual Gasoline Throughput” means the total volume of gasoline dispensed during any calendar year at a gasoline di spensing facility.

(2) “Annual Inspection” means an inspection conducted once every 12 calendar

months.

(3) “Balance System” means a CARB certified Phase II vapor recovery system that operates on the principle of vapor displacement.

(4) “Bootless Nozzle ” means a type of vapor recovery nozzle that does not have a boot over a length of the nozzle spout.

(5) “Breakaway Coupling” means a component attached to a liquid/vapor coaxial hose and which allows the safe separation of the hose from the gasoline disp enser or the hose from the dispensing nozzle in the event of a forced removal such as a “driveoff.”

(6) “CARB” means California Air Resources Board.

(7) “CARB Certification Procedure (CP)” means a CARB issued document that provides performance standards and specifications for vapor recovery systems, and identifies test procedures for determining compliance with such standards and specifications.

(8) “CARB Certified Phase II System or Equipment” means a Phase II vapor recovery system, equipment, or any component that has been certified by CARB pursuant to Section 41954 of the California Health and Safety Code.

(9) “CARB Executive Order” means a document issued by the Executive Officer of the California Air Resources Board that specifies the requirements for specific vapor control equipment and the procedures used in installing, maintaining, inspecting, or testing vapor recovery
systems.

(10) “CCR” means California Code of Regulations.

(11) “Coaxial Hose”

means a hose that contains two passages, one within t he other. One of the passages dispenses liquid gasoline into a motor vehicle fuel tank while the other passage carries gasoline vapors from the motor vehicle fuel tank into the stationary underground storage tank.Change Copy

– Rules 61.4, 61.4.1 B

- 10 (12) “Contractor/Installer” means a pers on engaged in the installation, modification, and/or repair of a new or existing vapor recovery system and/or its components at a gasoline dispensing facility. This definition does not include the owner or operator of the gasoline dispensing facility or a

n employee of such owner or operator.

(13) “E85” means a petroleum distillate/alcohol blend having a Reid vapor pressure of 4.0

pounds per square inch or greater and meeting the requirements of Title 13 CCR, Section 2250 et

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

petroleum distillate and a maximum 85% of ethyl alcohol.

( 14 3 ) “ EVR ” means Enhanced Vapor Recovery.

( 15 4 ) “ Existing Phase II Gasoline Dispensing Facility” means a facility in San Diego County whose construction was completed before April 1, 2005, and which is subject to the requirements of this rule.

( 16 5 ) “Faceplate”

means a soft donut

- shaped assembly attached to the end of a vapor recovery nozzle so that a tight seal with a motor vehicle fi ll pipe can be achieved while gasoline is being dispensed.

(17) “Flexible Fuel Vehicle” means a vehicle specially designed and manufactured to

operate on either gasoline or on E85.

( 18 6 ) “Gasoline” means any petroleum distillate or petroleum distillate/a lcohol blend having a Reid vapor pressure of 4.0 pounds per square inch or greater and meeting the requirements of Title 13 CCR, Sect ion 2250 et seq., and as further defined in Title 12 CCR Section 2250(b).

( 19 7 ) “Gasoline Dispenser (Dispenser)” means a g asoline dispensing unit used for housing the aboveground gasoline and vapor recovery piping, gasoline meters, and hangers for the gasoline

- dispensing nozzles when they are not in use.

( 20 1 8 ) “ Gasoline Dispensing Facility (GDF )” means a stationary facility , consisting of one or more storage tanks and associated equipment, that receives, stores, and dispenses gasoline.

( 21 1 9 ) “Gasoline Vapor Control Efficiency (Volumetric Efficiency)” means a control efficiency of the Phase II vapor recovery system (E) exp ressed as

E = (V t –V vsi )/ (V t ) x 100%, where:Change Copy

– Rules 61.4, 61.4.1 B

- 11 V t = total volume of gasoline vapors returned to the cargo tank;

V vsi = total volume of gasoline vapors discharged to the atmosphere.

( 22 0 ) “Gasoline Vapors” means organic compounds in vapor form displa ced during gasoline transfer and dispensing operations, including any entrained liquid gasoline

.

( 23 1 ) “Hold

- Open Latch” means a device which is an integral part of the dispensing nozzle and is manufactured specifically for the purpose of dispensing gaso line without requiring the user’s physical contact with the nozzle during fueling operations.

( 24 2 ) “In

- Station Diagnostics (ISD)” means equipment that provides monitoring of vapor recovery system parameters and components, and alerts the station operator when certain

failure modes are detected so that corrective action can be taken.

( 25 3 ) “Intermediate Refueler” means a mobile transport tank used primarily in the fueling of vehicle, boat, or aircraft fuel tank s

.

( 26 4 ) “Leak Detection Solution” means any solution containing soap, detergent, or similar materials that promote formation of bubbles at the site of any escaping vapors.

( 27 5 ) “Liquid Leak” means any visible liquid leak of gasoline at a rate in excess of three drops per minute.

( 28 6 ) “Major Mo

dification” means a modification of a Phase II vapor recovery system that includes the addition, replacement, or removal of 50% or more of the buried vapor piping, or the replacement of all existing dispensers. Replacement of a dispenser is not a major mo dification when such replacement is due to damage to a dispenser. Phase II system upgrades exclusively to make a system On

- Board Refueling Vapor Recovery (ORVR) compatible do not constitute a major modification.

( 29 7 ) “Mobile Transport Tank” means any ca rgo tank or trailer, railroad tank car, or tanker used to transport gasoline.

( 30 2 8 ) “Monthly Gasoline Throughput” means the total volume of gasoline dispensed during any calendar month at a gasoline dispensing facility.

( 31 2 9 ) “

New Phase II Gasoline Dis pensing Facility” means a facility in San Diego County whose construction or major modification was completed on or after April 1, 2005 , and which is subject to the requirements of this rule.

( 32 0 ) “Nozzle Boot” means a flexible device around the spout of some vapor recovery nozzles, utilized to capture the vapor displaced from a motor vehicle.Change Copy

– Rules 61.4, 61.4.1 B

- 12 ( 33 1 ) “On

- Board Refueling Vapor Recovery (ORVR)” means a motor vehicle

- based vapor recovery system required by Title 13 CCR, Section 1978, or 40 Code of Federal Regulations Part 86.

( 34 2 ) “Phase II Vapor Recovery System” means a gasoline vapor recovery system or equipment that recovers the vapors generated during the refueling of motor vehicles and from the storage of gasoline at the gasoline dispensing facility

.

( 35 3 ) “Reid Vapor Pressure” means an absolute vapor pressure of gasoline or other volatile petroleum products at 100 o F (37.8 o C).

( 36 4 ) “Retail Gasoline Dispensing Facility” means any gasoline dispensing facility subject to the payment of California sales tax for the sale of gasoline.

( 37 5 ) “Safety Features”

means all the features outlined in the applicable test method to ensure proper and safe testing, including but not limited to pressure/vacuum valves, safety cones, ladders, and grounding equipme nt.

( 38 6 ) “Stationary Underground Storage Tank” means any tank, reservoir, or other underground container that is used to store, but not transport, gasoline.

( 39 7 ) “Summer Fuel” means gasoline that is required to comply with the requirements of

Title 13 CCR, Section 2262.4.

( 40 38 ) “ Title 17 Defect ” means a defect substantially impairing the effectiveness of vapor recovery systems as specified in Title 17 CCR or in the applicable CARB Executive Order.

( 41 39 ) “Topping Off” means an attempt of a person fil ling up a motor vehicle to dispense gasoline after the dispensing nozzle primary shut

- off mechanism has engaged. The filling of a motor vehicle tank that, because of the configuration of the fill pipe, causes premature activation of the primary shutoff me chanism shall not be considered topping off.

( 42 0 ) “Vacuum

- Assist System” means a CARB

- certified Phase II vapor recovery system utilizing a vacuum

- producing device during gasoline dispensing to capture or assist in the capture of gasoline vapors.

( 43 1 ) “Vapor Guard” means a device that is installed at the base of a bootless vapor recovery nozzle spout to enhance the effectiveness of vapor collection.

( 44 2 ) “Vapor Leak” means a gasoline vapor concentration equal to 10,000 parts per million by volume (p

pmv) or more as measured on a methane calibrated gas detector, at aChange Copy

– Rules 61.4, 61.4.1 B

- 13

distance of one centimeter from the source and in accordance with the U.S. Environmental Protection Agency Test Method 21.

( 45 3 ) “Vapor Recovery Nozzle (Nozzle)” means a nozzle that is ca pable of collecting gasoline vapors while it dispenses gasoline.

( 46 4 ) “Vapor Tight” means an absence of a vapor leak or an absence of soap bubbles as indicated by a leak detection solution for a component without an allowable leak rate.

( 47 5 ) “Winter F

uel” means gasoline that is not required to comply with the regulations that are applicable to summer fuel.

(d) EQUIPMENT AND OPERATION REQUIREMENTS

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

Phase II v apor recovery system or any of its components, unless the system and components are CARB certified. All components shall be certified for use with the CARB

- certified Phase II vapor recovery system installed and shall be clearly identified by a permanent i dentification showing the manufacturer’s name, model number, and a unique serial number unless the component is specifically exempt from this identification requirement by CARB.

(2) On and after September 1, 2006, a contractor/installer shall not install, modify, or repair any Phase I vapor recovery system or component, unless they have successfully completed a manufacturer’s training program applicable to such system and a relevant training program specified by the Air Pollution Control Officer. A copy o f current documents demonstrating that such programs have been successfully completed shall be made available to the Air Pollution Control Officer upon request.

(3) A person shall not operate any gasoline dispensing facility unless all of the applicable

p ortions of the following conditions are met:

(i) A CARB

- certified Phase II vapor recovery system is installed and is compatible

with the CARB

- certified Phase I system installed at the facility.

(ii) By the applicable dates specified in Subsect ion s (j)(1) (iii ) and (j)(3) of this rule, the Phase II vapor recovery system has:

(A) For summer fuel, a gasoline vapor control efficiency of at least 95% by weight and a mass emission factor not exceeding 0.38 pounds of gasoline vapors per 1,000 gallons of gasoline dispensed; andChange Copy

– Rules 61.4, 61.4.1 B

- 14 (B) For winter fuel, a gasoline vapor control efficiency of at least 95% by weight or a mass emission factor not exceeding 0.38 pounds of gasoline vapors per 1,000 gallons of gasoline dispensed.

(iii) The Phase II vapor recovery system an d associated components are installed, maintained, and operated in accordance with the most recent applicable CARB certification procedures, CARB Executive Orders, and the manufacturer’s Installation, Operation and

Maintenance manual.

(iv) The Phase II va por recovery system and associated components are maintained

free of Title 17 defects.

(v) The Phase II vapor recovery system and associated components except for components with an allowable leak rate as specified by the most recent applicable CARB

Execu tive Order and Certification Procedure are maintained free of liquid leaks and are vapor tight. Components with an allowable leak rate shall operate within such rate.

(vi) All liquid removal devices, when required to be installed pursuant to the most

rec ent applicable CARB Executive Order, achieve a minimum liquid removal rate of at least five milliliters per gallon of gasoline dispensed unless a different minimum liquid removal rate

is specified in the most recent applicable CARB Executive Order.

(vii) The facility has conspicuously posted:

(A) The nozzle operating instructions and a toll

- free phone number specified by the Air Pollution Control Officer for the public to call to report problems with a nozzle or a vapor recovery system; and

(B) A warn

ing sign stating that topping off is prohibited and may result in spillage of gasoline.

(viii) T he Phase II vapor recovery system is CARB certified to be compatible with

ORVR.

(ix) By the applicable dates specified in Subsections (j)(1)(iv), (j)(1)(v) and (j)(3) of this rule, if a facility dispenses more than 600,000 gallons of gasoline in any calendar year, the facility must be equipped with a CARB Certified ISD system. This gasoline dispensing threshold may be revised after public notice and a 30

- day comment period by the Air Pollution Control Officer to conform with an alternative threshold specified by CARB.

(x) Each new or replacement dispenser is equipped with only one hose and nozzle for dispensing gasoline on each side. This requirement does not apply to existing dispensers at an existing gasoline dispensing facility unless the facility replaces more than 50% of theChange Copy

– Rules 61.4, 61.4.1 B

- 15 dispensers. Existing dispensers that do not meet this requirement and that must be replaced due to damage resulting from an acci dent or vandalism may be replaced with the same type of dispensers.

(e) INSPECTION AND MAINTENANCE PROGRAM

On and after

September 1, 2006 , an owner/operator of any gasoline dispensing facility shall implement an inspection and maintenance program suffic ient to ensure the proper operation of the Phase II vapor recovery system. The program shall include at a minimum, the following:

(1) A periodic inspection to be conducted with a frequency as specified in Table 1 to ensure proper operating conditions of the Phase II vapor recovery system including but not limited to, all gasoline dispensing equipment. The inspection shall verify that:

(i) Vapor guards (if required) are intact;

(ii) Breakaway couplings have not separated;

(iii) All nozzle boots (if req uired) are free of holes, slits, and rips that are Title 17 defects; and

(iv) Vapor recovery hoses, swivels, nozzles, hold

- open latches, and faceplates are in good working condition and all gasoline and vapor recovery system components outside each dispen

ser are free of liquid leaks and Title 17 defects.

Table 1 Type of Gasoline Dispensing Facility Annual Gasoline

Throughput (gallons) Frequency of Inspection

Retail ≥ 750,000 Once per day

Retail < 750,000 Once per day (excluding weekends and holiday s)

Non

- Retail ≥ 1 million Once per day (excluding weekends and holidays)

Non

- Retail < 1 million Once per calendar week

(2) For balance systems, draining weekly any retained gasoline from the coaxial hoses and recording the volume of gasoline remov ed from each hose.Change Copy

– Rules 61.4, 61.4.1 B

- 16 (3) A monthly verification of the dispensing flow rate of each nozzle and for each grade of gasoline to ensure compliance with the most recent applicable CARB Executive Order or Title 17 CCR requirements.

(4) An annual inspection to en sure compliance with all applicable Air Pollution Control District (District) rules and regulations, and all permit conditions. The inspection shall verify that:

(i) The District permit and the signs required by Subsection (d)(3)(vii) of this rule

are cu rrent and posted;

(ii) The facility complies with all permit conditions;

(iii) The Phase II vapor recovery system is properly installed and complies with the most recent applicable CARB certification procedures and CARB Executive Orders;

(iv) All connec tions and fittings inside the dispenser are free of liquid leaks; and

(v) The lengths and installation arrangements of all dispenser hoses are in compliance with the most recent applicable CARB Executive Orders.

(5) Maintenance Procedures

(i) Except a s provided in Subsection (e)(5)(ii) below, any component, device or system identified and recorded by the owner/operator as not being in good condition or not operating properly shall be repaired, replaced, or adjusted within seven calendar days of

detecti on in a manner that will bring the facility into compliance with this rule and the most recent applicable CARB Executive Orders. Upon request and for good cause, the Air Pollution Control Officer may allow an additional seven calendar days for the repairs

, replacements, or adjustments specified above to be made.

(ii) Any component, device or system having a Title 17 defect shall not be used or

made available for use.

(6) Any additional inspection and alternative maintenance procedures that may be require d by the most recent applicable CARB Executive Orde rs or the Install ation and Maintenance Manuals as approved by CARB.

(f) SOURCE TESTING

(1) Within 60 calendar days of the installation date of a new or modified gasoline dispensing facility, an initial c ompliance source test shall be conducted as required by the applicable Authority to Construct and the most recent applicable CARB Executive Orders.Change Copy

– Rules 61.4, 61.4.1 B

- 17 (2) Periodic compliance source tests shall be conducted at least once every calendar year

and in accordance

with the schedule specified by the Air Pollution Control Officer. More frequent tests may be required as determined necessary by the Air Pollution Control Officer to assure compliance with this rule.

(3) Any person conducting the tests specified in Sub section (f)(1) or (f)(2) above shall

have completed the South Coast Air Quality Management District’s orientation class for testing

and any subsequently required refresher classes and or alternative training approved by the Air

Pollution Control Offic er and any training or certifications required by CARB or system

manufacturer. Such person shall make available to the District, at the time of the test and any

other time upon request, t

he following:

(i) A copy of a current certificate from the South Coast Ai r Quality Management District, CARB, system manufacturer and/or from other approved training; and

(ii) Records of equipment calibrations performed as required by the applicable test procedures.

(4) Any person conducting the tests specified in Subsection (f)(1) or (f)(2) shall conduct such tests in accordance with the procedures specified in the Authority to Construct, Permit to Operate and the most recent applicable CARB Executive Orders and Certification Procedures.

(5) Any person conducting the tests s pecified in Subsection (f)(1) or (f)(2) shall, within 15 calendar days of the completion of such test, and within 15 calendar days of the completion of a retest in the event of a failed or invalid test, provide the owner or operator of the gasoline dispens ing facility a complete and accurate test report containing all the information specified in Subsection (g)(3) of this rule.

(g) RECORDKEEPING

An owner/operator of any gasoline dispensing facility shall maintain at a minimum the following

information:

(1) Records of inspections performed as required by Section (e ) of this rule

.

(2) Records of all malfunctioning components, including the date(s) such components were identified and repaired or replaced, and any other records and information required by the most recent applicable CARB Executive Orders.

(3) Records of initial and periodic compliance source tests, which include at a minimum:Change Copy

– Rules 61.4, 61.4.1 B

- 18 (i) Date and time of each test;

(ii) Name, affiliation, address, and phone number of the person(s) who performe d the test;

(iii) For a retest following a failed initial compliance or periodic compliance source test, description of repairs performed; and

(iv) Copies of all test reports, including test equipment calibration date(s), test

results and failed test dat a, in District

- approved format and, for a test that fails, a description

of the reasons for the test failure.

(4) Monthly gasoline throughput records.

Except as provided below, all information specified in Subsections (g)(1) through (g)(4)

shall be maint ained on site for a period of at least three years. The most recent applicable CARB Executive Orders, and the Installation and Maintenance Manuals as approved by CARB, shall be

maintained on site at all times. All such information sha ll be made available to the District upon request. Records for gasoline dispensing facilities that are not staffed may be kept at an alternative location approved in writing by the Air Pollution Control Officer.

(h) TEST METHODS

(1) The mass emission factor and/or gasoline vapor control efficiency shall be determined

in accordance with CARB Test Method TP

- 201.2

–Efficiency and Emission Factor for Phase II Systems and CARB Test Method TP

- 201.2A

–Determination of Vehicle Matrix for Phase II Systems, and shall be determine d by including all refueling emissions, stationary underground storage tank vent emissions, and pressure

- related fugitive emissions. Pressure

- related fugitive

emissions shall be determined in accordance with CARB Test Method TP

- 201.2F

–Pressure

Related Fug itive Emissions or the most recent applicable test method approved by CARB.

(2) Component leak rates, pursuant to Subsection (d)(3)(v) of this rule, shall be determined in accordance with the most recent applicable test methods, test procedures, and

certi fication procedures approved by CARB.

(3) The liquid removal rate of a liquid removal system, when required to be installed pursuant to the most recent applicable CARB Executive Order, shall be determined in

accordance with the CARB Test Method TP

- 201.6C (Option 2)

–Compliance Determination of Liquid Removal Rate or the most recent applicable test method approved by CARB.

(4) Reid Vapor Pressure shall be determined in accordance with the American Society for Testing and Materials (ASTM) Standard Test Met hod D323

- 99a or its most current version.Change Copy

– Rules 61.4, 61.4.1 B

- 19

(i) (RESERVED)

( j ) COMPLIANCE SCHEDULE

(1) Any existing gasoline dispensing facility shall comply with the requirements of this rule

after March 1, 2006 , except as follows:

(i) By September 1, 2006, comply wit h all applicable requirements in Sections (e) and (g) of this rule for

Inspection and Maintenance Program and Recordkeeping specified.

(ii) By April 1, 2008, submit to the Air Pollution Control Officer an application for Authority to Construct and Permit to Operate a CARB certified Phase II vapor recovery system meeting the requirements of Subsection (d)(3)(ii) of this rule.

(i ii ) B y January 1, 2009, be in compliance with the gasoline vapor control efficiency requirements of Subsection (d)(3)(ii) of this rule.

( i v) By April 1, 2009, facilities that dispense more than 1.8 million gallons of gasoline per year shall be in compliance with the ISD requirements of Subsection (d)(3)(ix)

of this rule.

(v) By April 1, 2010, facilities that dispense between 600,00 0 gallons and 1.8 million gallons of gasoline per year shall be in compliance with the ISD requirements of Subsection (d)(3)(ix) of this rule.

(2) Compliance dates specified in Subsections ( j )(1)(ii) through (

j )(1)(v) above may be revised by the Air Pollu

tion Control Officer to coincide with applicable later dates specified by

CARB

.

(3) Any new gasoline dispensing facility, including those undergoing major modifications shall comply with all provisions of this rule, except for Subsection (d)(3)(ix), upon initial startup. Dates for compliance with the requirements of Subsection (d)(3)(ix) will be established by the Air Pollution Control Officer to coincide with the applicable dates specified by CARB

.