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 10/16/90, Rev. 

(date of adoption))

(a) APPLICABILITY

Except as proved for in Section (b) - Exemptions, 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 (18.93

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 250260 gallons (946984

liters) or more, and

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

(i) VOC's are dispensed into motor 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 where the facility is located.

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

Except as provided in (b)(5) below, tThis 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 directly 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 required 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 whereon 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 made 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 underground 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 dispensers 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 County 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 records 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 exemptions 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 maintained for each calendar year and each yearly record shall be kept for at least two 

years.

(5) VOC’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 stationary 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 certified 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 displaced 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 The Phase II vapor recovery system and its components 

shall have been certified by the California Air Resources Board (CARB) prior to installation; 

unless the installation is granted written approval by both the CARB 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 and 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 CARB certification test system associated with the applicable 

CARB State Executive 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

(iii) The Phase II vapor recovery system and its components 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 components. unless otherwise 

specified by the Air Pollution Control Officer.

(4) The Phase 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 fitting 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 provided 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 

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.

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 having 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 Regulations, shall not be used or made available for use.

(67) On and after September 1, 1989, e Each VOC dispensing nozzle shall be equipped 

with a hold-open 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 conducted as required by the applicable Authority to 

Construct and the most recent applicable CARB 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 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 data, in District-approved format and, for a test that fails, a description 

of the reasons for the test failure.

(2) Monthly throughput records of VOC liquids.

All information specified in Subsections (e)(1) and (e)(2) shall be maintained on site for a period 

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

(f) TEST METHODS

(1) The 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 and 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-related fugitive 

emissions shall be determined in accordance with CARB Test Method TP-201.2F – PressureRelated Fugitive Emissions or the most recent applicable test method approved by EPA and 

CARB.
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 method 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 Method TP -201.5 or the most recent applicable 

test method approved by EPA and CARB. 

(4) A pressure decay 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 other applicable 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 gallons (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 dispensing 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), and
Change Copy – Rules 61.4, 61.4.1 B-8

(ii) More than 2,000 gallons (7,570 liters) of gasoline are transferred into motor 

vehicle 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

The 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 safe 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 and/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 transferred 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 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) 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 dispensing 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 dispenser 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 the 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 person 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 an 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.

(143)“EVR” means Enhanced Vapor Recovery.

(154)“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.

(165)“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 fill 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.

(186)“Gasoline” means any petroleum distillate or 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).

(197)“Gasoline Dispenser (Dispenser)” means a gasoline 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.

(2018) “Gasoline Dispensing Facility (GDF)” means a stationary facility, consisting 

of one or more storage tanks and associated equipment, that receives, stores, and dispenses 

gasoline. 

(2119) “Gasoline Vapor Control Efficiency (Volumetric Efficiency)” means a 

control efficiency of the Phase II vapor recovery system (E) expressed as 

E = (Vt – Vvsi )/ (Vt) x 100%, where:
Change Copy – Rules 61.4, 61.4.1 B-11

Vt = total volume of gasoline vapors returned to the cargo tank;

Vvsi = total volume of gasoline vapors discharged to the atmosphere.

(220)“Gasoline Vapors” means organic compounds in vapor form displaced during 

gasoline transfer and dispensing operations, including any entrained liquid gasoline. 

(231)“Hold-Open Latch” means a device which is an integral part of the dispensing 

nozzle and is manufactured specifically for the purpose of dispensing gasoline without requiring the 

user’s physical contact with the nozzle during fueling operations.

(242)“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.

(253)“Intermediate Refueler” means a mobile transport tank used primarily in the fueling 

of vehicle, boat, or aircraft fuel tanks.

(264)“Leak Detection Solution” means any solution containing soap, detergent, or 

similar materials that promote formation of bubbles at the site of any escaping vapors.

(275)“Liquid Leak” means any visible liquid leak of gasoline at a rate in excess of three 

drops per minute. 

(286)“Major Modification” 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 modification 

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.

(297)“Mobile Transport Tank” means any cargo tank or trailer, railroad tank car, or 

tanker used to transport gasoline.

(3028) “Monthly Gasoline Throughput” means the total volume of gasoline 

dispensed during any calendar month at a gasoline dispensing facility.

(3129) “New Phase II Gasoline Dispensing 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.

(320)“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

(331)“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. 

(342)“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.

(353)“Reid Vapor Pressure” means an absolute vapor pressure of gasoline or other 

volatile petroleum products at 100o F (37.8o C). 

(364)“Retail Gasoline Dispensing Facility” means any gasoline dispensing facility 

subject to the payment of California sales tax for the sale of gasoline. 

(375)“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 equipment.

(386)“Stationary Underground Storage Tank” means any tank, reservoir, or other 

underground container that is used to store, but not transport, gasoline.

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

Title 13 CCR, Section 2262.4.

(4038) “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.

(4139) “Topping Off” means an attempt of a person filling 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 mechanism shall not be considered topping off. 

(420)“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.

(431)“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. 

(442)“Vapor Leak” means a gasoline vapor concentration equal to 10,000 parts per 

million by volume (ppmv) or more as measured on a methane calibrated gas detector, at a 
Change 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.

(453)“Vapor Recovery Nozzle (Nozzle)” means a nozzle that is capable of collecting 

gasoline vapors while it dispenses gasoline.

(464)“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. 

(475)“Winter Fuel” 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 vapor 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 identification 

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 of 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 

portions 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 Subsections (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; and
Change 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 and 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 vapor 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 

Executive 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 

recent 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 warning sign stating that topping off is prohibited and may result in 

spillage of gasoline.

(viii) The 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 the 
Change 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 accident 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 sufficient 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 required) 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 dispenser 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 

holidays)

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 removed 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 ensure 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 current 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 connections 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 as 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 

detection 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 

required by the most recent applicable CARB Executive Orders or the Installation 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 compliance 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 Subsection (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 andor alternative training approved by the Air 

Pollution Control Officer 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, the following:

(i) A copy of a current certificate from the South Coast Air 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 specified 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 

dispensing 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 performed 

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 data, 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 maintained 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 shall 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 determined 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 – PressureRelated Fugitive 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 

certification 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 Method 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 with 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.

(iii) By January 1, 2009, be in compliance with the gasoline vapor control efficiency

requirements of Subsection (d)(3)(ii) of this rule.

(iv) 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 600,000 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 Pollution 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.