Antelope Valley 

Air Quality Management District 

Final 

Staff Report 

Amendment of 

Rule 461 – Gasoline Transfer and Dispensing 

Adopted on 

October 21, 2008 

43301 DIVISION ST., SUITE 206,

LANCASTER, CALIFORNIA 93535-4649 

PHONE (661) 723-8070 

FAX (661) 723-3450 
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AVAQMD Rule 461 - Gasoline Transfer And Dispensing TC-1

Final Staff Report, 02/12/09 

STAFF REPORT 

TABLE OF CONTENTS 

Rule 461 – Gasoline Transfer and Dispensing

I. PURPOSE OF STAFF REPORT ...........................................................................................1 

II. EXECUTIVE SUMMARY....................................................................................................1

III. STAFF RECOMMENDATION............................................................................................2 

IV. LEGAL REQUIREMENTS CHECKLIST ..........................................................................3 

V. DISCUSSION OF LEGAL REQUIREMENTS...................................................................4 

A. REQUIRED ELEMENTS/FINDINGS ..........................................................................4 

1. State Findings Required for Adoption of Rules & Regulations ......................4 

a. Necessity..............................................................................................4 

b. Authority..............................................................................................4 

c. Clarity ..................................................................................................4 

d. Consistency..........................................................................................4 

e. Non-duplication ...................................................................................4 

f. Reference..............................................................................................5 

g. Public Notice & Comment, Public Hearing ........................................5 

2. Federal Elements (SIP Submittals, Other Federal Submittals)........................5 

a. Satisfaction of Underlying Federal Requirements...............................5 

b. Public Notice and Comment................................................................5 

c. Availability of Document ....................................................................5 

d. Notice to Specified Entities .................................................................6 

e. Public Hearing ......................................................................................6 

f. Legal Authority to Adopt and Implement ............................................6 

g. Applicable State Laws and Regulations Were Followed ....................6 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ........................................6 

C. ECONOMIC ANALYSIS ..............................................................................................6 

1. General.............................................................................................................6 

2. Incremental Cost Effectiveness ......................................................................7 

D. ENVIRONMENTAL ANALYSIS (CEQA) ..................................................................7 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS .................................................7 

1. Potential Environmental Impacts.....................................................................7 

2. Mitigation of Impacts ......................................................................................7 

3. Alternative Methods of Compliance................................................................7 
TC-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

Final Staff Report, 02/12/09

F. PUBLIC REVIEW..........................................................................................................8

VI. TECHNICAL DISCUSSION...............................................................................................8 

A. SOURCE DESCRIPTION .............................................................................................8 

B. EMISSIONS ...................................................................................................................8 

C. CONTROL REQUIREMENTS......................................................................................8 

D. PROPOSED RULE SUMMARY...................................................................................8 

E. SIP HISTORY ..............................................................................................................10 

1. SIP History.....................................................................................................10 

2. SIP Analysis...................................................................................................12 

Apendix A – Rule 461 Iterated Version ..................................................................................... A-1 

Appendix B - Public Notice Documents .....................................................................................B-1 

Appendix C - Public Comments and Responses .........................................................................C-1 

Appendix D - California Environmental Quality Act Documentation....................................... D-1 

Appendix E - Bibliography..........................................................................................................E-1 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 1

Final Staff Report, 2/12/09

STAFF REPORT 

Rule 461 – Gasoline Transfer And Dispensing

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by law to 

be made prior to the approval or adoption of a document. In addition, a staff report ensures that the 

correct procedures and proper documentation for approval or adoption of a document have been 

performed. Finally, the staff report provides evidence for defense against legal challenges regarding 

the propriety of the approval or adoption of the document. 

II. EXECUTIVE SUMMARY 

On 12/12/06 United States Environmental Protection Agency (USEPA) provided guidance concerning 

the removal of Stage II gasoline vapor recovery systems in limited circumstances where States 

demonstrate to USEPA that widespread use of ORVR has occurred in motor vehicle fleets and such 

fleets are refueled by specific, non-retail gasoline dispensing units (Federal Clean Air Act§ 202(a)(6)). 

On 02/20/08 California Air Resources Board (CARB) encouraged air districts to revise vapor recovery 

rules as outlined by USEPA in the 12/12/06 memorandum. Prior to this guidance, the Bay Area Air 

Quality Management District included a less stringent exemption which is included in the State 

Implementation Plan (11/06/02). Subsequently, the San Joaquin Valley Unified Air Pollution Control 

District (12/20/07), South Coast Air Quality Management District (03/07/08), and San Diego Air 

Pollution Control District (03/26/08) have amended their rules to incorporate this change. The 

Antelope Valley Air Quality Management District (AVAQMD) has received a request to incorporate 

this revision to Rule 461. This amendment will provide regulatory flexibility for dedicated non-retail 

fleet fueling when 95 percent of the vehicles are equipped with ORVR. 

This amendment will also address the USEPA disapproval comments (66 FR 33177, 6/21/01) in which 

Rule 461 was deemed deficient in two areas. A reference to Rule 430 was to be removed because Rule 

430, which is not a SIP approved rule, limited the enforceability of Rule 461. USEPA also noted that 

removal of the daily and annual inspections of the Self-Compliance Plan (SCP) without replacement 

provisions was a SIP relaxation. The District has removed the reference to Rule 430 in this 

amendment. A weekly and periodic written Environmental Self-compliance program has been added 

which will provide the same function as the program that was removed. Re-verification of performance 

tests required by CARB Executive Order has also been included in the Testing, Reporting and 

Recordkeeping Requirements section. Other items included in the amendment are updating rule 

format, updating rule citations, adding definitions, and updating test methods. 

The public hearing to consider the amendment of Rule 461 was previously noticed for the 08/19/09 

Governing Board meeting. The public hearing was opened and the action continued to the next 
2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

Final Staff Report, 2/12/09

regularly scheduled meeting of 09/16/08 to allow for additional changes to be made. The 09/16/08 

meeting was cancelled and all outstanding items were continued to the meeting of 10/21/08. 

III. STAFF RECOMMENDATION 

Staff recommended that the Governing Board of the Antelope Valley Air Quality Management District 

adopt the proposed amendments to Rule 461 – Gasoline Transfer and Dispensing and approve the 

appropriate California Environmental Quality Act (CEQA) documentation. This action is necessary to 

provide regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of the vehicles are 

equipped with ORVR, to strengthen the administrative requirements of the Rule in order to address 

USEPA disapproval comments, and to update rule format. 

The Governing Board of the AVAQMD amended Rule 461 Gasoline Transfer and Dispensing on 

10/21/08. 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 3

Final Staff Report, 2/12/09

IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct amendment of 

Rule 461 - Gasoline Transfer and Dispensing. Each item is discussed, if applicable, in Section V 

below. Copies of documents are included in the appropriate Appendix. 

FINDINGS REQUIRED FOR 

RULES & REGULATIONS 

 X Necessity 

 X Authority 

 X Clarity 

 X Consistency 

 X Non-duplication 

 X Reference 

 X Public Notice & Comment 

 X Public Hearing 

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

 X Public Notice & Comment 

 X Availability of Document 

 X Notice to Specified Entities (State, 

Air Districts, USEPA, Other States) 

 X Public Hearing 

 X Legal Authority to adopt and 

implement the document. 

 X Applicable State laws and 

regulations were followed. 

ELEMENTS OF A FEDERAL 

SUBMISSION 

N/A Elements as set forth in applicable 

Federal law or regulations. 

CALIFORNIA ENVIRONMENTAL 

QUALITY ACT REQUIREMENTS 

(CEQA):

N/A Ministerial Action 

 X Exemption 

N/A Negative Declaration 

N/A Environmental Impact Report 

 X Appropriate findings, if necessary. 

 X Public Notice & Comment 

SUPPLEMENTAL ENVIRONMENTAL 

ANALYSIS (RULES & REGULATIONS 

ONLY): 

 X Environmental impacts of 

compliance. 

N/A Mitigation of impacts. 

N/A Alternative methods of compliance. 

OTHER: 

N/A Written analysis of existing air 

pollution control requirements 

N/A Economic Analysis 

 X Public Review 
4 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

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V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the 

amendments to Rule 461. These are actions, that need to be performed, and/or information, that 

must be provided in order to amend the Rule in a procedurally correct manner. 

1. State Findings Required for Adoption of Rules & Regulations: 

Before adopting, amending, or repealing a rule or regulation, the AVAQMD Governing 

Board is required to make findings of necessity, authority, clarity, consistency, nonduplication, and reference based upon relevant information presented at the hearing. The 

information below is provided to assist the Board in making these findings. 

a. Necessity: 

The amendments to Rule 461 are necessary to provide regulatory flexibility for 

dedicated non-retail fleet fueling when 95 percent of the vehicles are equipped 

with ORVR, and to strengthen the administrative requirements of the Rule by 

addressing USEPA disapproval comments. Rule format, rule citations, and test 

methods will be updated, and several definitions have been added.

b. Authority: 

AVAQMD has the authority pursuant to California Health and Safety Code (H & 

S Code) §40702 to adopt, amend or repeal rules and regulations. 

c. Clarity: 

The amendments are clear in that they are written so that the persons subject to 

the Rule can easily understand the meaning. 

d. Consistency: 

The amendments to Rule 461 are in harmony with, and not in conflict with or 

contradictory to, any State law or regulation, federal law or regulation, or court 

decisions. 

e. Non-duplication: 

The amendments to Rule 461 do not impose the same requirements as any 

existing state or federal law or regulation because the District is adopting these 

amendments in response to USEPA comments and recommendations. 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 5

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f. Reference: 

AVAQMD has the authority pursuant to H & S Code §40702 to adopt, amend or 

repeal rules and regulations. 

g. Public Notice & Comment, Public Hearing: 

The public hearing to consider the amendment of Rule 461 was previously 

noticed for the 08/19/09 Governing Board meeting. The public hearing was 

opened and the action continued to the next regularly scheduled meeting of 

09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was 

cancelled and all outstanding items were continued to the meeting of 10/21/08. 

See Appendix “B” for a copy of the public notice. See Appendix C for copies of 

comments, if any, and AVAQMD responses. 

2. Federal Elements (SIP Submittals, Other Federal Submittals). 

Submittals to USEPA are required to include various elements depending upon the type 

of document submitted and the underlying federal law which requires the submittal. The 

information below indicates which elements are required for the amendment to Rule 461 

and how they were satisfied. 

a. Satisfaction of Underlying Federal Requirements: 

The amendments to Rule 461 are subject to all the requirements for a State 

Implementation Plan (SIP) submittal because Rule 461 will be included in the 

AVAQMD SIP. The criteria for determining completeness of SIP submissions 

are set forth in 40 CFR Part 51, Appendix V, 2.0. 

b. Public Notice and Comment: 

The public hearing to consider the amendment of Rule 461 was previously 

noticed for the 08/19/09 Governing Board meeting. The public hearing was 

opened and the action continued to the next regularly scheduled meeting of 

09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was 

cancelled and all outstanding items were continued to the meeting of 10/21/08. 

See Appendix “B” for a copy of the public notice. 

c. Availability of Document: 

Copies of the proposed amendment to Rule 461 and the accompanying draft staff 

report were made available to the public on 07/10/08. 
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d. Notice to Specified Entities 

Copies of the proposed amendments to Rule 461 and the accompanying draft 

staff report were mailed to all affected agencies, including but not limited to 

CARB and USEPA. 

e. Public Hearing: 

The public hearing to consider the amendment of Rule 461 was previously 

noticed for the 08/19/09 Governing Board meeting. The public hearing was 

opened and the action continued to the next regularly scheduled meeting of 

09/16/08 to allow for additional changes to be made. The 09/16/08 meeting was 

cancelled and all outstanding items were continued to the meeting of 10/21/08. 

f. Legal Authority to Adopt and Implement: 

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend, or repeal rules and regulations and to do such acts as may be necessary or 

proper to execute the duties imposed upon the AVAQMD. 

g. Applicable State Laws and Regulations Were Followed: 

Public notice and hearing procedures pursuant to H&S Code §§40725-40728 

have been followed. See Section (V)(A)(1) above for compliance with state 

findings required pursuant to H&S Code §40727. See Section (V)(B) below for 

compliance with the required analysis of existing requirements pursuant to H&S 

Code §40727.2. See Section (V)(C) for compliance with economic analysis 

requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for 

compliance with provisions of the California Environmental Quality Act 

(CEQA). 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H & S Code §40727.2 requires air districts to prepare a written analysis of all existing federal 

air pollution control requirements that apply to the same equipment or source type as the Rule 

modified by the district. The amendment of Rule 461 is necessary to provide regulatory 

flexibility for dedicated non-retail fleet fueling when 95 percent of the vehicles are equipped 

with ORVR, and to strengthen the administrative requirements of the Rule by addressing 

USEPA disapproval comments. Therefore the preparation of a written analysis of existing 

pollution control requirements that apply to the same equipment or source type is not required. 

C. ECONOMIC ANALYSIS 

1. General 

No economic impacts are anticipated from the adoption of the amendments to Rule 461. Rule 

461 – Gasoline Transfer and Dispensing was amended to eliminate the requirement for Phase II 

vapor recovery systems on gasoline refueling dispensers used solely for refueling certain motor 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 7

Final Staff Report, 2/12/09

motor vehicle fleets which have a high percentage of vehicles with onboard refueling vapor 

recovery (ORVR) systems. This amendment will also address United USEPA disapproval 

comments by re-establishing a self-compliance program. This self-compliance program is a 

replacement program for the self-compliance program removed from the Rule in the 09/15/98 

amendment. This removal was considered a SIP relaxation by USEPA and the replacement 

program was required by USEPA in the 07/27/00 TSD and at 66 FR 33177, 6/21/01. 

2. Incremental Cost Effectiveness 

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the California 

Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) 

or “all feasible measures” to control volatile compounds, oxides of nitrogen or oxides of 

sulfur. 

The amendments to Rule 461 are not subject to incremental cost effectiveness 

calculations because this Rule does not impose BARCT or “all feasible measures”. 

D. ENVIRONMENTAL ANALYSIS (CEQA) 

Through the process described below, it was determined that a Notice of Exemption would be 

the appropriate CEQA process for the amendment of Rule 461. 

1. The amendment of Rule 461meets the CEQA definition of "project." They are 

not "ministerial" actions. 

2. The amendment to Rule 461 is exempt from CEQA review because the 

amendments strengthen the administrative requirements of this Rule and will not 

create any adverse environmental impacts. Since there is no potential that the 

amendments might cause the release of additional air contaminants or create any 

adverse environmental impacts, a Class 8 categorical exemption (14 Cal. Code 

Reg. §15308) applies. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

There are no potential adverse environmental impacts of compliance with the 

amendment of Rule 461. 

2. Mitigation of Impacts 

N/A 

3. Alternative Methods of Compliance 

N/A 
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F. PUBLIC REVIEW 

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B. 

VI. TECHNICAL DISCUSSION 

A. SOURCE DESCRIPTION 

This Rule applies to the transfer of Gasoline from any tank truck, trailer, or railroad tank car 

into any stationary storage tank or Mobile Fueler, and from any stationary storage tank or 

Mobile Fueler into any Mobile Fueler or Motor Vehicle fuel tank. 

B. EMISSIONS 

USEPA is encouraging states to eliminate the requirement for Phase II vapor recovery systems 

on gasoline refueling dispensers for certain motor vehicle fleets in light of the growing use of 

ORVR systems in those fleets. The fleets at issue are new vehicles initially fueled at Motor 

Vehicle assembly plants, late model rental cars refueled at rental car facilities, corporate fleets 

refueled at corporate owned pumps. Section 202(a)(6) of the Federal Clean Air Act (FCAA) 

allows states to remove the requirement for vehicle refueling gasoline vapor recovery systems 

in ozone non-attainment areas after determining that ORVR systems for motor vehicles are in 

widespread use. For new vehicles initially fueled at Motor Vehicle assembly plants, late model 

rental cars refueled at rental car facilities, and corporate fleets refueled at corporate owned 

pumps, USEPA has defined widespread use as 95 percent of the vehicles equipped with ORVR. 

CARB has encouraged revision of district vapor recovery rules as outlined by USEPA. 

There are no increases in emissions anticipated as the emission benefits from ORVR systems 

are determined to meet or exceed the emissions benefits of dedicated fleet fueling Phase II 

vapor recovery. The District is using the USEPA benchmark of 95 percent penetration on an 

affected fleet basis to establish widespread use. Accordingly, the Rule revisions will not 

interfere with any applicable requirement concerning attainment and reasonable further 

progress, or any other requirement of the Clean Air Act. 

A self-compliance program is expected to uncover some non-compliant conditions that, when 

corrected, would reduce VOC emissions. These amendments strengthen the administrative 

requirements of Rule 461. 

C. CONTROL REQUIREMENTS 

The amendments to Rule 461 do not change control requirements. The amendments impose a 

revised self-compliance program to replace the program removed in the 09/15/98 amendments 

that were disapproved by USEPA. 

D. PROPOSED RULE SUMMARY 

This section gives a brief overview of the amendments to Rule 461. Readers are encouraged to 

examine the [bracketed and italicized] notations contained in the iterated version of the Rule 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 9

Final Staff Report, 2/12/09

contained in Appendix A for notations regarding movement and modification of specific 

sections and subsections. 

This Rule applies to the transfer of Gasoline from any tank truck, trailer, or railroad tank car 

into any stationary storage tank or Mobile Fueller, and from any stationary storage tank or 

Mobile Fueller into any Mobile Fueller or Motor Vehicle fuel tank. 

The Rule has been reformatted to standard District format, and rule citations have been updated 

as necessary. 

Definitions for “Altered Gasoline Transfer and Dispensing Facility”, “Air Pollution Control 

Oficer”, “California Air Resources Board”, “District”, “Enhanced Vapor Recovery”, “Onboard 

Refueling Vapor Recovery”, “Rebuild”, “United States Environmental Protection Agency”, and 

“Volatile Organic Compounds” have been added in section (B) and the section re-numbered. 

The phrase “An aspirator-assist systems may also incorporate Gasoline Vapor incinerators 

and/or Bellows-less Nozzles” was removed from section (B)(3). 

Section (B)(7) was modified to reflect code section which applies. 

Section (B)(22) was removed. 

The phrase “Vacuum-assist systems may also incorporate Gasoline Vapor incinerators and/or 

Bellows-less Nozzles” was removed from section (B)(31). 

The phrase “The Spill Box shall be equipped with an integral Vapor-tight drain valve to return 

spilled Gasoline to the underground stationary storage tank” was removed from section 

(C)(1)(g). 

Section (C)(2)(c) provides a reference to the CARB “Vapor Recovery Equipment Defects List” 

for simplification, and Attachment A has been deleted since the new reference will maintain the 

Vapor Recovery Equipment Defects List current. 

Section (C)(3)(a) has been added requiring CARB Certified Vapor Recovery System and 

components. 

Section Section (C)(3)(b) has been removed in response to USEPA disapproval comments. 

The phrase “Is operated and maintained with an integral Vapor-tight drain valve to return 

spilled Gasoline to the storage tank, if the tank is equipped with a spill container” was removed 

from section (C)(3)(c)(iii). 

Section (C)(3)(f) was modified to add the criteria for P/V valve settings for EVR systems. 

Section (C)(4) – “Self-compliance Program Requirements” has been re-established. This selfcompliance program is a replacement program for the program removed from the Rule in the 
10 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

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09/15/98 amendment. This removal was considered a SIP relaxation by USEPA and the 

replacement program was required by USEPA in the 07/27/00 TSD and at 66 FR 33177, 

6/21/01. 

Section (C)(5) – “Testing, Reporting, and Recordkeeping Requirements” is replacing former 

Section (C)(4) – “Testing” and section (C)(7) – “Record Keeping”. This new section is taken 

from SCAQMD Rule 461 and strengthens the administrative requirements over the sections 

removed. 

Section (C)(5)(b) addresses the re-verification requirements that was part of the USEPA 

disapproval action. 

Section (C)(5)(f) provides recordkeeping requirements for the ORVR fleet exemption (E)(4). 

Section (D) – “Performance and Re-verification Test Methods” replaces former section d) and 

is derived from SCAQMD Rule 461 (f). 

Section (E)(4) has been added to provide an exemption for ORVR Vehicle Fleets from Phase II 

Vapor Recovery System requirements when fleets are 95 percent ORVR compliant. 

Attachment A updates the reference to the AVAQMD and simplifies the placement for decal 

sign location. 

Attachment B is the Weekly Maintenance Inspection Protocol derived from SCAQMD Rule 

461 Attachment B - Daily Maintenance Inspection Protocol. USEPA disapproval comments 

asked for a weekly written inspection program so the frequency was changed. 

Attachment C is the Periodic Compliance Inspection Protocol derived from SCAQMD Rule 461 

Attachment C. 

E. SIP HISTORY 

1. SIP History. 

Prior to 1975 the original air district for the Antelope Valley region was the Los Angeles 

County APCD that had jurisdiction covering the entire county of Los Angeles. In 1975, 

the Southern California Air Pollution Control District (So. Cal. APCD) was created by a 

Joint Powers Agreement (JPA) between Los Angeles, Orange, Riverside and San 

Bernardino Counties to replace the previous countywide air pollution control districts 

for those counties. Rule 461 was originally adopted on 01/09/76 by the So. Cal. APCD 

and thereafter amended on 09/03/76. On 02/01/77, pursuant to statute (Cal. Stats. 1976, 

Ch 324 p. 815), the South Coast Air Quality Management District (SCAQMD) was 

created with an initial jurisdiction that only included areas of Los Angeles, Orange, 

Riverside and San Bernardino Counties contained within the South Coast Air Basin 

(SCAB). Outlying areas remained under the So. Cal. APCD (The legislation was 

thereafter amended to allow non-SCAB areas to “opt in”. Los Angeles County 

exercised this option and thus the Antelope Valley became a part of SCAQMD). Also 
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Final Staff Report, 2/12/09

SCAQMD). Also on 02/01/77 the California Air Resources Board (CARB) issued 

Executive Order G-73 (1977) which adopted a “rule book” for those non-SCAB areas of 

Los Angeles, Riverside and San Bernardino Counties. CARB submitted the G-73 

rulebook on behalf of the “county” districts and these rule books included Rule 461. 

By its terms Executive Order G-73 (1977) was only effective until the non-SCAB areas 

took other action. On 02/22/77 the JPA forming the So. Cal. APCD was formally 

dissolved. By the terms of the JPA upon dissolution each county would regain its 

county air pollution control district with a jurisdiction of the non-SCAB areas of the 

county and the applicable rules being the So. Cal. APCD’s rules in effect upon the date 

of dissolution. Thus, as of 02/22/77 the version of Rule 461 for the SCAQMD reverted 

from the G-73 (1977) CARB version back to the original So. Cal. APCD 09/03/76 

version. Between 1976 and 1997 Rule 461 was amended numerous times by SCAQMD. 

 Specifically it was amended on 02/04/77, 11/18/77, 02/03/78, 01/05/79, 05/04/79,

12/07/79, 01/16/81, 10/15/82, 11/01/85, 03/04/88, 07/07/89 and 09/08/95; 

On 07/01/97 the Antelope Valley Air Pollution Control District (AVAPCD) replaced the 

SCAQMD as the agency with jurisdiction over the Los Angeles County portion of the 

Mojave Desert Air Basin (MDAB). Pursuant to the statutory change, the rules and 

regulations of the predecessor district were retained until the Governing Board adopted, 

amended or rescinded them. At its first meeting the AVAPCD reaffirmed all the 

existing rules and regulations thus the version in effect at the time of the change was the 

09/08/95 version. The AVAPCD amended Rule 461 on 09/15/98. 

On 01/01/02 the AVAPCD was replaced by the AVAQMD. Once again, pursuant to 

statute, the rules in effect were retained until the Governing Board adopted, amended, or 

rescinded. Similarly, at the first meeting of the AVAQMD, the Governing Boards 

reaffirmed all the rules and regulations in effect at the time the agency changed. 

Therefore the current version of Rule 461 in the AVAQMD rulebook is the 09/15/98 

version. 

The jurisdiction of the AVAPCD and the AVAQMD were specified in the statutes as the 

portion of the Los Angeles County contained within the MDAB. The MDAB was 

formerly known as the Southeast Desert Air Basin (SEDAB). In 1997 the SEDAB was 

split into the MDAB and the Salton Sea Air Basin. Descriptions of these air basins can 

be found in 17 Cal. Code Regs. §§60109 and 60144. Since USEPA adopts SIP revisions 

in California as effective within jurisdictional boundaries of local air districts, when the 

local air district boundaries change the SIP as approved by USEPA for that area up to 

the date of the change remains as the SIP in that particular area. Thus, upon creation of 

the AVAPCD on 07/01/97 the AVAPCD acquired the SIP applicable to the Antelope 

Valley portion of the SCAQMD that was effective as of 06/30/97. Likewise the 

AVAQMD acquired the SIP that was effective in the jurisdiction of the AVAPCD as of 

12/31/00. Therefore, the SIP history for this region is based upon the rules adopted, 

effective, and approved for the Antelope Valley by SCAQMD. 
12 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

Final Staff Report, 2/12/09

Rule 461 was originally adopted on 01/09/76 by the So. Cal. APCD and amended on 

09/03/76. Both rules were submitted and approved into the SIP on 07/26/77 42 FR 

37976 (40 CFR 52.220(c)(31(vi)(A) and (c)(35)(ii)(A)). The CARB G-73 version, 

effective 02/22/77, was submitted and dissapproved on 09/08/1978 43 FR 40011 (40 

CFR 52.220(c)(39)(iii)(A), (c)(39)(vi)(B) and 52.229(b)(2)(i). That action retained prior 

rule “submitted 04/21/76” which presumably, given the submission date, was the 

01/09/76 version. The 02/04/77 version was adopted and submitted by SCAQMD and 

also disapproved by USEPA on 12/21/78 43 FR 59489 (40 CFR 52.220(c)(42)(xiv)(A) 

and 52.229(b)(3)(ii)(B)). However that version of the rule technically did not apply in 

the Antelope Valley because the So Cal APCD was not officially dissolved until 

02/22/77. Regardless of the above, the SIP version of 461 for the Antelope Valley as of 

12/21/78 was the original 01/09/76 So. Cal. APCD rule. 

As mentioned previously SCAQMD amended Rule 461 on numerous occasions and a 

variety of them were approved into the SIP for SCAQMD including the Antelope Valley 

area. The last amendment prior to the creation of the AVAPCD occurred on 09/08/95 

and was submitted and approved as a SIP revision on 10/07/96 61 FR 52297 (40 CFR 

52.220(c)(229)(i)(A)(1)). The AVAPCD thereafter amended Rule 461 on 09/15/98 

however USEPA disapproved the SIP revision on 06/21/00 66 FR 33177 (40 CFR 

52.269(b)(3)(iii)(A)) and retained the prior version. Thus the current SIP version in 

effect for the Antelope Valley is the SCAQMD version amended 09/08/95. 

2. SIP Analysis. 

The disapproval of Rule 461 – Gasoline Transfer and Dispensing by USEPA at 66 FR 

33177, 06/21/01, specified two deficiencies. 

First, USEPA cited limited enforceability because of a reference to AVAPCD Rule 430 

which is not in the SIP and is not approvable as a SIP rule. The District has removed 

prior section (c)(3)(B) which contained the reference to Rule 430. 

Second, USEPA cited removal of the required daily and annual inspections of the SelfCompliance Program (SCP) without a replacement provision as a SIP relaxation and not 

meeting the requirements of section 110(l) of the CAA or of RACT. The AVAPCD had 

determined this program was ineffective and overly burdensome to industry and the 

AVAPCD. The AVAQMD has proposed a self-compliance program requirements in 

new subsection (C)(4). This self-compliance program will contain weekly and periodic 

inspections as recommended by USEPA in the Technical Support Document, 07/27/00. 

This program is derived from the current version of SCAQMD Rule 461(d). 

Attachments B and C have been added and contain the protocol for these selfcompliance inspections. These attachments are also derived from the current version of 

SCAQMD Rule 461 Attachments B and C. 

Additionally, AVAQMD has strengthened Rule 461 by updating testing, reporting and 

recordkeeping requirements (subsection (C)(5)), and performance and re-verification 

test methods (section (D). An exemption has also been included that will provide 

regulatory flexibility for dedicated non-retail fleet fueling when 95 percent of the 
AVAQMD Rule 461 - Gasoline Transfer And Dispensing 13

Final Staff Report, 2/12/09

vehicles are equipped with ORVR. This exemption was included based on guidance 

provided by CARB and USEPA. 

The District is requesting CARB to submit Rule 461 as an amended rule for inclusion in 

the SIP. 
14 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

Final Staff Report, 2/12/09

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AVAQMD Rule 461 - Gasoline Transfer And Dispensing A-1

Final Staff Report, 2/12/09

APPENDIX "A"

Rule 461 – Gasoline Transfer And Dispensing

Iterated Version 

The iterated version is provided so that the changes to an existing rule may be easily found. The manner of 

differentiating text is as follows: 

1. Shaded text identifies new or revised language. 

2. Lined out text identifies language which is being deleted. 

3. Normal text identifies the current language of the current rule which will remain unchanged by the 

adoption of the proposed amendments. 

4. Italicized text identifies explanatory material that is not part of the proposed language. 
A-2 AVAQMD Rule 461 - Gasoline Transfer And Dispensing

Final Staff Report, 2/12/09

This page intentionally left blank. 
(Adopted: 01/09/76; Amended: 09/03/76; Amended: 

02/04/77; Amended: 11/18/77; Amended: 02/03/78;

Amended: 01/05/79; Amended: 05/04/79; Amended: 

12/07/79; Amended: 01/16/81; Amended: 10/15/82;

Amended: 11/01/85; Amended: 03/04/88; Amended:

07/07/89; Amended: 09/08/95; Amended: 09/15/98; 

Amended: mm/dd/yy) 

AVAQMD Rule 461 461-1 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

 

RULE 461 

 Gasoline Transfer and Dispensing

(aA) ApplicabilityGeneral

(1) Purpose

(a) To reduce Volatile Organic Compounds (VOC) emissions from Gasoline 

Transfer and Dispensing.

(2) Applicability

(a) This rule applies to the transfer of Gasoline from any tank truck, trailer, or 

railroad tank car into any stationary storage tank or Mobile FuellerFueler, and 

from any stationary storage tank or Mobile FuellerFueler into any Mobile 

FuellerFueler or Motor Vehicle fuel tank. 

(bB) Definitions

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

(1) Altered Gasoline Transfer and Dispensing Facility – A Gasoline Transfer and 

Dispensing Facility with any of the following: [derived from 09/08/95 SIP approved 

version of MDAQMD Rule 461(b)(1)]

(a) The removal or addition of storage tank(s), or changes in the number of Fueling 

Positions.

(b) The replacement of storage tank(s) or dispensing nozzle(s) with different 

characteristics or descriptions from those specified on the existing permit.

(2) Air Pollution Control Officer (APCO) – The person appointed to the position of Air 

Pollution Control Officer of the District pursuant to the provisions of California Health 
461-2 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

& Safety Code §40750, and his or her designee. [derived from AVAQMD Rule 444]

(13) Aspirator-assist System – : a A Phase II Vapor Recovery System that uses an aspirator 

to create a vacuum during Gasoline dispensing to capture Gasoline Vapors. An 

Aspirator-assist System may also incorporate a Gasoline Vapor incinerator and/or 

Bellows-less Nozzles. [deleted in response to CARB comment that terms are obsolete]

(24) Balance System – : a A Phase II Vapor Recovery System that operates on the principle 

of vapor displacement. 

(35) Bellows-less Nozzle – : any Any nozzle that incorporates both an assist system and a 

Gasoline Vapor capture mechanism at the Motor Vehicle filler neck, such that vapors 

are collected at the vehicle filler neck without the need for an interfacing flexible 

bellows, and which is certified by the California Air Resources Board (CARB) for 

operation as a Bellows-less Nozzle.

(6) California Air Resources Board (CARB) – The California State Air Resources Board, 

the powers and duties of which are described in Part 2 of Division 26 of the California 

Health and Safety Code (commencing with §39500). [derived from AVAQMD Rule 

444]

(47) A"CARB Certified" Vapor Recovery System – : any 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. which has been certified by CARB as capable of recovering or 

processing displaced Gasoline Vapors to an efficiency of ninety-five (95) percent or 

greater. [modified in response to CARB comment]

(58) CARB Executive Orders – : Orders published by CARB that document the 

requirements of specific vapor control equipment and procedures used in Phase I and 

Phase II Vapor Recovery Systems. 

(69) Coaxial Hose – : a A hose that contains two passages with a configuration of a hose 

within a hose. One of the passages dispenses the liquid Gasoline into the vehicle fuel 

tank while the other passage carries the Gasoline Vapors from the vehicle fuel tank to 

the storage tank.

(10) District – The Antelope Valley Air Pollution Control District the geographical area of 

which is described in District Rule 103. [derived from AVAQMD Rule 1301]

(11) 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) Sections 3 through 9. [derived from SCAQMD Rule 461 (b)(13)]

(712) Fueling Position – : a A fuel dispensing unit consisting of nozzle(s) and meter(s) with 
AVAQMD Rule 461 461-3 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

the capability to deliver only one fuel product at one time. 

(813) Gasoline – : any Any petroleum distillate or petroleum distillate/alcohol blend having 

a True true Vapor vapor Pressure pressure greater than 200 mm Hg (3.9 psi) and less 

than 760 mm Hg (14.7 psi) at 100 degrees F as determined by ASTM Method D323-89. 

(914) Gasoline Transfer and Dispensing Facility – : a A mobile system, including Mobile 

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

associated equipment which receive, store, and dispense Gasoline subject to the 

provisions of this rule. 

(1015) Gasoline Vapors – : the The organic compounds in vapor form displaced during 

Gasoline transfer and dispensing operations, and includes entrained liquid Gasoline. 

(1116) Insertion Interlock Mechanism – : any Any "CARB Certified" mechanism that ensures 

a tight fit at the nozzle fill pipe interface and prohibits the dispensing of Gasoline unless 

the bellows is compressed. 

(1217) Liquid Removal Device – : a A device designed specifically to remove trapped liquid 

from the vapor passages of a Coaxial Hose. 

(1318) Liquid-tight – : a A liquid leak rate not exceeding three drops per minute. 

(1419) Mobile FuellerFueler – : any Any tank truck or trailer that is used to transport and 

dispense Gasoline from an onboard storage tank into any Motor Vehicle fuel tank. 

(1520) Motor Vehicle – : any Any self-propelled vehicle as defined in Section 415 of the 

California Vehicle Code.

(21) Onboard Refueling Vapor Recovery (ORVR) – Vehicle emission control system that 

captures fuel vapors from the vehicle gas tank during refueling. [derived from USEPA 

Office Of Air And Radiation Office Of Transportation and Air Quality, Commonly Asked 

Questions About ORVR]

(22) [definition for ORVR Vehicle Fleet which was added to D1 of this rule amendment 

removed pursuant to CARB comment that the language was confusing]

(1622) Owner/operator – : any Any person who owns, leases, or operates a Gasoline Transfer 

and Dispensing Facility. 

(1723) Poppetted Dry Break – : a A Phase I Vapor recovery device that opens only by 

connection to a mating device to ensure that no Gasoline Vapors escape from the 

underground storage tank before the vapor return line is connected. 
461-4 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

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(1824) Pressure/vacuum Relief Valve – : a A valve that is installed on the vent pipes of the 

Gasoline storage tanks to relieve pressure or vacuum build-up at preset values of 

pressure or vacuum.

(25) Rebuild – An action that repairs, replaces, or reconstructs any part of a component of a 

vapor recovery system that forms the gasoline vapor passage of the component, or that 

comes in contact with the recovered gasoline vapors in the component. Rebuild does not 

include the replacement of a complete component with another CARB certified complete 

component; nor does it include the replacement of a spout, bellows, or vapor guard of a 

CARB certified nozzle. The new part shall be CARB certified and as supplied by the 

qualified manufacturer specifically for the CARB certified nozzle. [derived from SCAQMD 

Rule 461 (b)(31)]

(26) Retail Gasoline Transfer and Dispensing Facility – Any Gasoline Transfer and 

Dispensing Facility subject to the payment of California sales tax for the sale of 

Gasoline to the public. [derived from 09/08/95 SIP approved version of MDAQMD Rule 

461 (b)(21)]

(1927) Spill Box – : an 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. 

(2028) Submerged Fill Tube – : any Any fill tube the discharge opening of which is entirely 

submerged, when the liquid level above the bottom of the tank is: 

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

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

(29) Unites States Environmental Protection Agency (USEPA) – The United States 

Environmental Protection Agency, the Administrator of the USEPA and his or her 

authorized representative. [derived from AVAQMD Rule 1301]

(2130) Vacuum-assist System – : a A Phase II Vapor Recovery System that uses vacuumproducing device such as a compressor or turbine to create a vacuum during Gasoline 

dispensing to capture Gasoline Vapors. Vacuum-assist Systems may also incorporate 

Gasoline Vapor incinerators and/or Bellows-less Nozzles. [deleted in response to CARB 

comment that terms are obsolete]

(2231) Vapor Check Valve – : a A valve that opens and closes the vapor passage to the storage 

tank to prevent Gasoline Vapors from escaping when the nozzle is not in use. 

(2332) Vapor-tight – : the The detection of less than 10,000 ppm hydrocarbon concentration, 

as determined by EPA Method 21, using an appropriate analyzer calibrated with 

methane.
AVAQMD Rule 461 461-5 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

(33) Volatile Organic Compound (VOC) - Any volatile compound containing the

element carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic

acid, metallic carbides or carbonates, ammonium carbonate, and exempt

compounds as listed in 40 CFR 51.100(s)(1). [derived from AVAQMD Rule 1124]

(Cc) Requirements 

(1) Gasoline Transfer Into Stationary Storage Tanks and Mobile FuellerFuelers (Phase I). 

A person shall not transfer, permit the transfer or provide equipment for the transfer of 

Gasoline from any tank truck, trailer or railroad tank car into any stationary storage tank 

with a capacity of 950 liters (251 gallons) or more, or any Mobile FuellerFueler tank of 

greater than 454 liters (120 gallons) capacity unless all of the following conditions are 

met: 

(aA) Such stationary storage tank or Mobile FuellerFueler tank is equipped with a 

"CARB Certified" Submerged Fill Tube.; 

(bB) Such stationary storage tank or Mobile FuellerFueler tank is equipped with a 

"CARB Certified" Vapor Recovery System, which is maintained and operated 

according to the manufacturer's specifications.; 

(cC) All vapor return lines are connected between the tank truck, trailer or railroad 

tank car, and the stationary storage tank or Mobile FuellerFueler. In addition, all 

associated hoses, fittings, and couplings are maintained in a Liquid-tight and 

Vapor-tight condition, as defined under subparagraph subsection (bB)(1318) and 

(bB)(2333).;

(dD) The hatch on any tank truck, trailer, or railroad tank car shall not be opened for 

more than three (3) minutes for each visual inspection, provided that: 

(i) Transfer or pumping has been stopped for at least three (3) minutes prior 

to opening; and 

(ii) The hatch is closed before transfer or pumping is resumed. 

(eE) Underground tank lines are gravity drained, and above-ground tanks are 

equipped with dry breaks, or as approved by the District, such that upon line 

disconnect the liquid leak rate does not exceed three (3) drops per minute.;

(fF) Equipment subject to this paragraphsubsection is operated and maintained, 

according to all of the following requirements: 

(i) All fill tubes are equipped with Vapor-tight covers, including gaskets; 

(ii) All dry breaks are equipped with Vapor-tight seals and dust covers; 

(iii) Fixed or Spring-Loaded coaxial fill tubes are operated so that the vapor 
461-6 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

passage from the stationary storage tank or the Mobile FuellerFueler back 

to the tank truck, trailer, or railroad tank car is not obstructed; 

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

maintained to prevent vapor leakage from any portion of the Vapor 

Recovery System; and 

(v) All stationary storage tank or the Mobile FuellerFueler vapor return lines 

without dry breaks are equipped with Vapor-tight covers, including 

gaskets. 

(gG) Any time an underground stationary storage tank is installed or replaced at any 

Gasoline Transfer and Dispensing Facility, a "CARB Certified" Spill Box shall 

be installed. The Spill Box shall be equipped with an integral Vapor-tight drain 

valve to return spilled Gasoline to the underground stationary storage 

tank;.[language removed pursuant to CARB comment that other means of 

removing gasoline in the spill box is available]

(hH) A person shall not install or permit the installation of any Phase I Vapor 

Recovery System of the coaxial design at any Gasoline Transfer and Dispensing 

Facility unless such system was certified by CARB after January 1, 1994.; and

(iI) A person shall not install or permit the installation of any Phase I Vapor 

Recovery System of the dual-point design at any Gasoline Transfer and 

Dispensing Facility unless such system incorporates "CARB Certified" 

Poppetted Dry Breaks or spring-loaded Vapor Check Valves on the vapor return 

coupler. 

(2) Gasoline Transfer Into Vehicle Fuel Tanks (Phase II).

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

of Gasoline from a stationary storage tank or a Mobile FuellerFueler of greater than 454 

liters (120 gallons) capacity into any Mobile FuellerFueler of greater than 454 liters 

(120 gallons) capacity or any Motor Vehicle fuel tank of greater than 19 liters (5 

gallons) capacity unless all of the following conditions are met: 

(aA) The dispensing unit used to transfer the Gasoline from the stationary storage tank 

or Mobile FuellerFueler to the Mobile FuellerFueler or Motor Vehicle fuel tank 

is equipped with a "CARB Certified" Vapor Recovery System.;

(bB) The Vapor Recovery System and associated components are operated and 

maintained in a Vapor-tight and Liquid-tight manner in accordance with the 

manufacturer's specifications and the applicable CARB certification.;

(cC) Equipment subject to this rule is operated and maintained with none of the 

defects listed in California Code of Regulations, Section 94006, Subchapter 8, 

Chapter 1, Part III of Title 17, as summarized specified in Attachment Athe most 
AVAQMD Rule 461 461-7 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

most recently adopted CARB “Vapor Recovery Equipment Defects List”

(http://www.arb.ca.gov/vapor/title17/title17.htm) of this rule.; [derived from

California Code of Regulations, Section 94006, Subchapter 8, Chapter 1, Part 

III of Title 17]

(dD) A person shall not install or permit the installation of any Balance System 

bellows-equipped nozzle at any Gasoline Transfer and Dispensing Facility unless 

the nozzle is equipped with a "CARB Certified" insertion Insertion interlock 

Interlock mMechanism.;

(eE) A person shall not install or permit the installation of any Balance System nozzle 

at a new or altered Altered Gasoline Transfer and Dispensing Facility unless a 

Vapor Check Valve is located in the nozzle. In addition, effective January 1, 

1997, a person shall not operate or permit the operation of any Balance System 

nozzle unless a Vapor Check Valve is located in the nozzle.;

(fF) A person shall not install or permit the installation of any nozzle at a new or 

altered Altered Gasoline Transfer and Dispensing Facility unless the nozzle is 

equipped with a Coaxial Hose. In addition, effective January 1, 1998, a person 

shall not operate any Gasoline-dispensing nozzle unless the nozzle is equipped 

with a Coaxial Hose.;

(gG) Unless otherwise specified in the applicable CARB Executive Orders, the inside 

diameter of the connection between the riser and dispenser cabinet at a new or 

altered Altered Gasoline Transfer and Dispensing Facility shall not be less than 

0.75 inch. If a flexible tubing is used for this connection, the material shall be 

appropriate for use with Gasoline and shall be equipped with a clearly visible 

bonding strap.; and

(hH) Unless otherwise specified in the applicable CARB Executive Orders, all Liquid 

Removal Devices installed for any Gasoline-dispensing nozzle with a dispensing 

rate of greater than five gallons per minute shall be "CARB Certified" with a 

minimum liquid removal rate of five milliliters per gallon transferred.

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

be equipped with a poppet valve, which shall close and maintain both the 

gasoline vapor and liquid lines vapor tight and liquid tight when the coupling is 

separated. In the event of a separation due to a “drive-off”, the owner/operator 

shall complete one of the following and document the activities pursuant to 

paragraph (C)(5)(e) recordkeeping requirements: 

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

qualified repairs on any damaged components before placing any affected 

equipment back in service. In addition, the applicable reverification tests 

pursuant to section (D), or equivalent test methods as approved in writing 
461-8 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

approved in writing by the Executive Officer and CARB, shall be 

conducted and successfully passed prior to the affected equipment 

dispensing gasoline into any vehicle; or 

 (b) Conduct a visual inspection of the affected equipment and replace the 

affected nozzles, coaxial hoses, breakaway couplings, and any other 

damaged components with new or certified rebuilt components that are 

CARB certified, before placing any affected equipment back in service. 

[derived from SCAQMD Rule 461 (c)(2)(G)]

(3) Additional Requirements 

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

any vVapor rRecovery sSystem or any of its components, unless the system and 

component are "CARB certified". Each vVapor rRecovery sSystem and its 

components shall be clearly and permanently marked with the qualified 

manufacturer’s name and model number as certified by CARB. In addition, the 

qualified manufacturer's unique serial number for each component shall also be 

clearly and permanently marked for the dispensing nozzles. Any qualified 

manufacturer who rebuilds a component shall also clearly and permanently mark 

the corresponding information on the component. [dervived from SCAQMD 

Rule 461 (d) March 7, 2008 Section (c)(3)(A)]A person shall not offer for sale, 

sell, or install any new, used, or rebuilt vapor recovery equipment unless the 

components are clearly identified or marked by the certified manufacturing 

company and/or the certified rebuilding company.

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

incineration or processing unit, the provisions of Rule 430 shall apply. "End of 

Cycle" shall refer to the immediate 24 hours following the notification of the 

breakdown for the application of Rule 430 in subparagraph (c)(3)(B). [reference 

removed in response to USEPA Technical Support Document and 65 FR 68111, 

November 14, 2000 citing Rule 430 not being included in SIP and not 

approvable as a SIP rule] 

(bC) A person shall not perform or permit the "pump-out" (bulk transfer) of Gasoline 

from a storage tank subject to paragraphsubsection (cC)(1); unless such bulk 

transfer is performed using a vapor collection and transfer system capable of 

returning the displaced vapors to the stationary storage tank. 

(cD) A person shall not store, or allow the storage of, Gasoline in any stationary 

storage tank with a capacity of 950 liters (251 gallons) or more unless such tank: 

(i) Complies with Rule 463(a); or 

(ii) Is equipped with a Phase I Vapor Recovery System; and 

(iii) Is operated and maintained with an integral Vapor-tight drain valve to 
AVAQMD Rule 461 461-9 

Gasoline Transfer and Dispensing 

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return spilled Gasoline to the storage tank, if the tank is equipped with a 

spill container. language removed pursuant to CARB comment that other 

means of removing gasoline in the spill box is available]

(dE) The ownerOwner/operator of any Gasoline Transfer and Dispensing Facility 

shall conspicuously post District-required signs specified in Attachment AB of 

this rule in the immediate Gasoline dispensing area. 

(eF) A dispenser that is not intended to be used to fuel Motor Vehicles shall have sign 

posted on it to that effect. 

(fG) A person shall not install or permit the installation of any vent pipes on gasoline 

storage tanks at any Gasoline Transfer and Dispensing Facility without a "CARB 

Certified" pressure-vacuum relief valve. A written approval from the District is 

required prior to the installation or relocation of such vent pipes. In addition, 

effective January 1, 1997, all open vent pipes on gasoline storage tanks shall be 

equipped with a "CARB Certified" pressure-vacuum relief valve. Unless 

otherwise specified in the applicable CARB Executive Orders, pressure relief 

shall be set at 3 inches water column and vacuum relief shall be set at 8 inches 

water column. For the purpose of this requirement, vent pipes of gasoline 

storage tanks may be manifolded to a single valve when the stationary storage 

tanks are manifolded according to the applicable CARB Executive Order.

A person shall not store, or allow the storage of, gasoline in any stationary 

storage tank with a capacity of 950 liters (251 gallons) or more, or any mobile 

fueler with a capacity of 454 liters (120 gallons) or more, unless the vent pipe of 

the tank complies with all of the following: [derived from SCAQMD Rule 461 

(c)(3)(I) pursuant to CARB comment that P/V valve settings have been modified 

for EVR systems]

(i) The vent pipe opening is equipped with a “CARB certified” pressurevacuum relief valve. 

(ii) The vent pipe opening for a stationary storage tank is at least 12 feet 

above the driveway level used for tank truck filling operations. 

(iii) Unless otherwise specified in the applicable CARB Executive Orders, the 

pressure-vacuum relief valve for an underground storage tank vent shall 

be set for pressure relief at 2.5 to 6.0 inches water column and vacuum 

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

aboveground tanks and mobile fuelers shall meet the applicable CARB 

certified specifications. 

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

and installed, shall be color-coded or otherwise clearly marked to identify 

the pressure-vacuum setting. The valves shall be installed on the vent 

pipe(s) such that the color codes or marks shall be legible to ground-level 

observers. 
461-10 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

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

may be manifolded to a single valve when the stationary storage tanks are 

manifolded according to the applicable CARB Executive Order.

(gH) Gasoline shall not be stored in open container(s) of any size or handled in any 

manner (spillage, spraying, etc.) that permits Gasoline or Gasoline Vapors to 

enter the atmosphere, contaminate the ground, or the sewer. 

(hI) The failure of an ownerOwner/operator of any Gasoline Transfer and Dispensing 

Facility to meet any requirements of paragraphsection (Cc) of this rule shall 

constitute a violation. Such non-compliant equipment shall be tagged "Out of 

Order". 

(iJ) Except during repair activity, the "Out of Order" tag specified in 

subparagraphsection (Cc)(3)(hiI) shall not be removed and the non-compliant 

equipment shall not be used, permitted to be used, or provided for use unless all 

of the following conditions are satisfied: 

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

necessary.;

(ii) The ownerOwner/operator has notified the District of the repairs by 

completing, signing and submitting the form supplied by the District;

and,

(iii) The non-compliant equipment has been reinspected and/or authorized for 

use by the District. 

(jK) The ownerOwner/operator of a new or altered Altered Gasoline Transfer and 

Dispensing Facility shall have all underground storage tank installation and 

associated piping configuration inspected prior to any backfilling to verify that 

all underground equipment is properly installed in accordance with the 

requirements specified in the applicable CARB Executive Order. The District 

shall be notified by telephone at least 24 hours prior to the backfilling. 

(k) The ownerOwner/operator of a new or altered Altered Gasoline Transfer and 

Dispensing Facility shall have all Phase I and Phase II Vapor Recovery Systems 

inspected upon completion of the construction to verify that all components were 

installed in accordance with the description specified in the Permit Authority to 

Construct and in compliance with all District requirements. The District shall be 

notified in writing of any changes to the information and specifications 

submitted with the application under which the Permit Authority to Construct 

was issued.

(4) Testing [replaced with section (C)(5)]

(aA) Within 30 calendar days of the initial operation, the owner/operator of a new or 
AVAQMD Rule 461 461-11 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

altered Altered Gasoline Transfer and Dispensing Facility shall have the 

following performance tests conducted in accordance with the test methods 

specified in sub-division (Dd) to verify the proper installation and function of 

Phase I and Phase II Vapor Recovery Systems. The written test results shall be 

submitted to the District within 30 calendar days of each testing.

(i) Phase I Vapor Recovery System

(I)a. Static pressure (leak-decay) test

(ii) Phase II Vapor Recovery System

(I)a. Static pressure (leak-decay) test

(II)b. Dynamic pressure (back-pressure) test

(III)c. Air-to-liquid (A/L) ratio (only for Bellows-less Nozzles)

(IV)d. Liquid removal rate (only for systems with a Liquid Removal 

Device required by CARB Executive Orders)

(Bb) The owner/operator of an existing Gasoline Transfer and Dispensing Facility shall 

have the following reverification tests conducted in accordance with the test methods 

specified in sub-division (d) and the following schedule, unless otherwise specified 

in the applicable CARB Executive Order, to verify the proper function of the Phase 

II Vapor Recovery System. For any of the required reverification testing which has 

not been conducted since January 1, 1993, the initial reverification testing shall be 

conducted by January 1, 1998. The written test results shall be submitted to the 

District within 30 calendar days of each testing.

(i) For a facility with a vacuum-assist or aspirator-assist Phase II Vapor 

Recovery System, a static pressure (leak-decay) test shall be conducted 

once every calendar year.

(ii) For a facility with a balance Phase II Vapor Recovery System, a static 

pressure (leak-decay) test shall be conducted once every five calendar 

years. 

(iii) For a facility with Bellows-less Nozzles, an air-to-liquid (A/L) ratio test 

shall be conducted once every five calendar years.

(iv) A dynamic pressure (back-pressure) test shall be conducted once every 

five calendar years.

(45) Self-Compliance Program Requirements [Self-Compliance Program references added in 

response to USEPA Technical Support Document and 65 FR 68111, November 14, 

2000, derived from SCAQMD Rule 461(d), March 7, 2008]

The Owner/operator of any Retail Gasoline Transfer and Dispensing Facility shall 

implement a self-compliance program as follows:

(a) The self-compliance program shall include the following elements: 
461-12 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

(i) Weekly maintenance inspections shall be conducted in accordance with 

the protocol specified in Attachment B to ensure proper operating 

conditions of all components of the Vapor Recovery Systems. 

(ii) Periodic compliance inspections shall be conducted at least once every 

twelve months and in accordance with the protocol specified in 

Attachment C to verify the compliance with all applicable District rules 

and regulations, as well as all permit conditions. 

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

II Vapor Recovery Systems and components installed at the Gasoline 

transfer and dispensing facility. 

(iv) An employee training program including the following: 

a. Itemized training procedures for employees responsible for 

conducting any part of the self-compliance program. 

b. A training schedule to periodically train any employee 

responsible for conducting any part of the self-compliance 

program. 

c. A record for each employee of the dates of training provided and 

the next training date. 

d. A procedure to review and establish any additional necessary 

training following any changes or updates to the CARB Executive 

Order for the installed Vapor Recovery System.

(b) Any equipment with major defect(s) which are identified during the weekly

maintenance inspections or periodic compliance inspections shall be removed 

from service, repaired, brought into compliance, and duly entered into the repair 

logs required under subsection (C) (5)(e) before being returned to service.

(c) Defects discovered during self inspection and repair shall not constitute a 

violation of Rule 461.

(556) Testing, Reporting and Recordkeeping Requirements [derived from SCAQMD Rule 461 

(e)]

(a) Within 90 calendar days or after dispensing the first 60,000 gallons of fuel into a 

Mobile Fueler or a vehicle fuel tank, the Owner/operator of a new or Altered 

Gasoline Transfer and Dispensing Facility shall conduct and successfully pass 

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

(Df), and any additional tests required by the applicable CARB Executive Orders 

and District Permits, to verify the proper installation and operation of Phase I 

and Phase II Vapor Recovery Systems. Test results shall be submitted as stated 

in subsections (e5)(c3)(ivD) and (5e)(c3)(vE). 

(b) The Owner/operator shall conduct and successfully pass the reverification tests 

in accordance with the test methods specified in section (Df), and any additional 
AVAQMD Rule 461 461-13 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

tests required by the applicable CARB Executive Orders or District Permits, to 

verify the proper operation of the Vapor Recovery Systems. Test results shall be 

submitted as stated in subsections (5e)(c3)(ivD) and (5e)(c3)(vE). 

(i) The reverification tests at Retail Gasoline Transfer and Dispensing 

Facilities shall be conducted annually. 

(ii) The Owner/operator of a non-retail Gasoline Transfer and Dispensing 

Facility shall complete the reverification tests annually. 

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

reverification testing shall be conducted during the same months each 

year. When a new performance test schedule is required due to a facility 

alteration, new reverification testing months shall be established based on 

the date of the performance tests. 

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

reverification test on the same testing month as established by the 

previous operator, if the previous reverification testing records are 

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

complete all the applicable reverification testing within 930 calendar days 

of the change of operator. 

(c) A person who conducts performance or reverification tests shall comply with all 

of the following: 

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

applicable test methods listed in section (D) and other CARB testing 

procedures. Tests shall be conducted using calibrated equipment meeting 

the calibration range and calibration intervals specified by the 

manufacturer. 

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

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

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

event that a performance test or reverification test cannot be conducted at 

the scheduled date and time, the test may be re-scheduled to a later date 

and time provided that the District is notified at least 24 hours prior to the 

originally scheduled time. All notification under this subsection shall be 

provided by District approved methods. 

(iii) Conduct performance and reverification tests during normal District 

business hours. The APCO may approve alternative testing.

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

approved format to the APCO within 30 calendar days after each test is 

conducted. The PASS/FAIL test results are a summary of the overall 

results of each test. 

(v) Submit the final test report demonstrating compliance within 30 calendar 

days of the date when all tests were passed. The test report shall include 

all the required records of all tests performed, test data, current 
461-14 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

AVAQMD facility ID number of the location being tested, the equipment 

Permit to Operate or Application number and,, a statement whether the 

system or component tested meets the required standards. 

(d) The Owner/operator shall not operate or resume operation of a Gasoline transfer 

and dispensing facility, unless the facility has successfully passed the applicable 

performance or reverification tests. Notwithstanding the above, when a 

dispenser associated with any equipment that has failed a reverification test is 

isolated and shut down, the Owner/operator may continue operation or resume 

operation of the remaining equipment at the facility, provided that test results 

demonstrate that the remaining equipment is in good operating condition. All 

test results and the method of isolating the defective equipment shall be 

documented in the test reports to be submitted to the APCO pursuant to 

subsection (5e)(e7)(iiiC), (e5)(c3)(ivD) and (e5)(c3)(vE). 

(e) Recordkeeping 

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

inspections, repairs or testing at any Gasoline Transfer and Dispensing Facility, 

including, but not limited to, the activities for normal operation and maintenance, 

performance testing, reverification testing and those following a drive-off, shall 

provide to the Owner/operator all records listed below, as applicable, at the end 

of each day when the service is provided. The Owner/operator of any Retail or 

non-retail Gasoline Dispensing Facility shall maintain all records listed below 

and any other test results or maintenance records that are required to demonstrate 

compliance on site for a period of at least two (2) years (or five (5) years for 

Title V facilities). Notwithstanding, records for non-retail Gasoline Dispensing 

Facilities that are unmanned may be kept at other locations approved by the 

APCO. All records shall be made available to the APCO upon request both on 

site during inspections and offsite as specified. 

(i) Records of all components installed, defective components identified or 

repaired during self-compliance inspections. 

(ii) Repair logs, which shall include: 

a. Date and time of each repair. 

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

applicable, the name, address and phone number of the person’s 

employer. 

c. Description of service performed. 

d. Each component that was installed, repaired, serviced, or 

removed, including the required component identification 

information pursuant to subsection (Cc)(3)(aA). 
AVAQMD Rule 461 461-15 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

e. Each component that was installed as replacement, if applicable, 

including the required component identification information 

pursuant to subsection (Cc)(3)(aA). 

f. Receipts for parts used in the repair and, if applicable, work 

orders, which shall include the name and signature of the person 

responsible for performing the repairs. 

(iii) Records of tests, which shall include: 

a. Date and time of each test. 

b. Name, affiliation, address and phone number of the person(s) who 

performed the test. 

c. Test data and calibration data for all equipment used. 

d. Date and time each test is completed and the facility 

Owner/operator is notified of the results. For a test that fails, a 

description of the reasons for the test failure shall also be 

included. 

e. For a retest following a failed performance or reverification test, 

description of repairs performed pursuant to subsection

(5e)(e4)(iB) and (5)(e)(ii). 

f. Copies of test reports in District approved format. 

(iv) Monthly Gasoline throughput records. 

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

Enhanced Vapor Recovery (EVR) equipment has successfully completed 

a manufacturer training program and any relevant state certification 

program applicable to the Phase I and Phase II Enhanced Vapor 

Recovery systems and associated components as specified in subsection

(Cc)(3)(aA).

 (f) Recordkeeping for Exempt Fleets

An oOwner/operator claiming exemption under Section (E)(4) shall keep a 

record of the make , model, model year, and vehicle identification number of all 

vehicles refueled at the gGasoline dispensing facility. These records shall be 

maintained on the premises for at least two (2) calendar years. [derived from 

SJVAPCD Rule 4622§6.1.3]

(7) Record Keeping

(A) The owner/operator of any Gasoline Transfer and Dispensing Facility shall keep 

the following records:

(i) Records of all inspections and repairs (e.g. receipts for parts used in the 

repair, work orders, etc.)

(ii) Records of all test results.

(iii) Throughput records as required by permit conditions.

(B) All records except test results shall be maintained for a period of two (2) years. 
461-16 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

Records of test results shall be maintained for a period of five (5) years. All 

records shall be made available to the District upon request.

(D) Performance and Reverification Test Methods [derived from SCAQMD Rule 461(f)]

All test methods referenced in this subsection shall be the most recently CARB approved 

version or as stated in the applicable CARB Executive Orders. 

(1) The static pressure performance of a Phase I or Phase II Vapor Recovery System for 

underground and aboveground tanks shall be determined by the CARB Test Procedure 

TP-201.3 and TP-201.3B, as applicable. 

(2) The dynamic pressure performance of a Phase II Vapor Recovery System shall be 

determined by the CARB Test Procedure TP-201.4. 

(3) The air-to-liquid volume ratio of a Phase II Vapor Recovery System shall be determined 

by the CARB Test Procedure TP-201.5.

(4) The liquid removal rate of a Phase II Vapor Recovery System shall be determined by the 

CARB Test Procedure TP-201.6. 

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

requirements pursuant to TP-201.3C. 

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

shall be determined by the CARB Test Procedure TP-201.1B. 

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

device are the following: 

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

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

(b) The leak rate of the drop tube overfill protection device and spill container drain 

valve for a Phase I Enhanced Vapor Recovery system shall be determined by the 

CARB Test Procedure TP-201.1D. 

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

Enhanced Vapor Recovery system shall be determined by the CARB Test Procedure TP201.1E. 

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

underground tanks, aboveground tanks, and Mobile Fuelers.
AVAQMD Rule 461 461-17 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

d) Test Methods

The performance and reverification tests specified in paragraph (c)(4) shall be conducted in 

accordance with the following test methods. All test methods referenced in this sub-division 

shall be the most recently approved version.

(1) The static pressure performance of a Phase I or Phase II Vapor Recovery System shall 

be determined by the CARB Test Procedure TP-201.3.

(2) The dynamic pressure performance of a Phase II Vapor Recovery System shall be 

determined by the CARB Test Procedure TP-201.4.

(3) The air-to-liquid volume ratio of a Phase II Vapor Recovery System shall be determined 

by the CARB Test Procedure TP-201.5.

(4) The liquid removal rate of a Phase II Vapor Recovery System shall be determined by the 

CARB Test Procedure TP-201.6.

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

(eE) Exemptions

The provisions of this rule shall not apply to the transfer of Gasoline: 

(1) Into or from any stationary storage tank or Mobile FuellerFueler if 75 percent or more of 

its monthly throughput is used for the fueling of implements of husbandry, such as 

vehicles defined in Division 16 (Section 36000, et seq.) of the California Vehicle Code, 

provided such a tank is equipped with a Submerged Fill Tube. 

(2) Into or from any stationary storage tank or Mobile FuellerFueler used exclusively for 

fueling agricultural wind machines. 

(3) From any Mobile FuellerFueler of greater than 454 liters (120 gallons) into any Motor 

Vehicle fuel tank of greater than 19 liters (5 gallons) capacity until 12 months following 

the general commercial availability of an applicable vapor recovery design suitable to 

the Mobile FuellerFueler’s gasoline Gasoline transfer and storage equipment and 

certification of such a system by the California Air Resources BoardCARB. 

(4) Except for Section f and , theThe requirements of this rule(C)(2) shall not apply to 

dedicated, non-public accessible, fuel dispensing equipment serving vehicle fleets where 

95 percent of the fleet vehicles are equipped with oOnboard rRefueling vVapor 

rRecovery (ORVR) systems. To qualify for this exemption, the fleet operator must also 

own the gGasoline Transfer and dDispensing operation that services the vehicle fleet. 

[derived in part from SJVUAPCD Rule 4622 §4.3]
461-18 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

 (a) Prior to operating under the exemption in Section (E)(4), operator shall obtain a 

valid Authority to Construct or Permit to Operate allowing such operations. 

[derived from SJVUAPCD Rule 4622 §7.5]
AVAQMD Rule 461 461-19 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

[SIP: Submitted as amended mm/dd/yy on ______; Disapproved 6/21/01, 66 FR 33177, 40 

CFR 52.269(b)(3)(ii)(a) Prior version dated 1/3/96 retained; Approved 10/7/96, 61 FR 52297, 

40 CFR 52.220(c)(229)(i)(A)(1); Approved 8/17/94, 59 FR 42165, 40 CFR 52.220(c) 

(182)(i)(A)(4); Approved 5/3/84, 49 FR 18829, 40 CFR 52.220(c)(127)(vii)(B); Approved 

7/8/82, 47 FR 2968, 40 CFR 52.220(c)(95)(iv)(A); Approved _______, _______, 40 CFR 

52.220(c)(66)(i)(A); Approved _______, ________, 40 CFR 52.220(c)(45)(iii)(A); Disapproved 

prior version of 4/21/76 retained 9/8/78, 43 FR 40011, 40 CFR 52.220(c)(39)(iii)(A), 40 CFR 

52.220(c)(39)(vi)(B) and 40 CFR 52.229(b)(2)(i); Approved 7/26/77, 42 FR 37976, 40 CFR 

52.220(c)(31)(vi)(A) and 40 CFR 52.220(c)(35)(ii)(A)] 
461-20 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT A

CALIFORNIA CODE OF REGULATIONS, SECTION 94006

SUBCHAPTER 8, CHAPTER 1, PART III OF TITLE 17

Section 94006. Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems 

Used in Motor Vehicle Fueling Operations.

For the purposes of Section 41960.2 of the Health and Safety Code, the following constitute equipment 

defects in systems for the control of Gasoline Vapors resulting from Motor Vehicle fueling operations 

which substantially impair the effectiveness of the systems in reducing air contaminants:

(a) Absence or disconnection of any component required to be used in the Executive Order(s) that 

certified the system.

(b) A vapor hose which is crimped or flattened such that the vapor passage is blocked, or the 

pressure drop through the vapor hose exceeds by a factor of two or more the requirements in the 

system certified in the CARB Executive Order(s) applicable to the system.

(c) A nozzle bellows which is torn in one or more of the following manner:

1. triangular-shaped or similar tear 2 inch or more to a side, or hole 2 inch or more in 

diameter or,

2. Slit 1 inch or more in length.

(d) Faceplate or flexible cone which is damaged in the following manner:

1. For balance nozzles and for nozzles for aspirator and eductor-assist type systems, 

damage shall be such that the capability to achieve a seal with a fill pipe interface is 

affected for 1/4 of the circumference of the faceplate (accumulated).

2. For nozzles for vacuum assist-type systems, more than 1/4 of the flexible cone missing.

(e) Nozzle shutoff mechanisms which malfunction in any manner.

(f) Vapor return lines, including such components as swivels, anti-recirculation valves and 

underground piping, which malfunction or are blocked, or restricted such that the pressure drop 

through the lines exceeds by factor of two or more requirements specified in the Executive 

Order(s) that certified the system.
AVAQMD Rule 461 461-21 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT A - CONTINUED

(g) Vapor processing unit which is inoperative.

(h) Vacuum producing device which is inoperative.

(i) Pressure/vacuum Relief Valves, Vapor Check Valves, or dry breaks which are inoperative.

(j) Any equipment defect which is identified in an Executive Order certifying a system pursuant to 

the Certification Procedures incorporated in Section 94001 of Title 17, California Code of 

Regulations, as substantially impairing the effectiveness of the system in reducing air 

contaminants.

All nozzles affected by the above defects are to be considered defective.

NOTE:Authority Cited: Sections 39600, 39601, 41960.2, Health and Safety Code.
461-22 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT BA

APCDAVAQMD-REQUIRED SIGNS

I(A). The operator shall post the following signs: 

(A1) "NOZZLE" operating instructions:;

(B2) Antelope Valley APCDAQMD" toll-free telephone number; and 

(C3) A "warning" stating: 

"TOXIC RISK - FOR YOUR OWN PROTECTION 

DO NOT BREATHE FUMES 

DO NOT TOP TANKS"

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

(A1) For decal signs: 

(ia) Each sign shall be visible from all Fueling Positions it serves; andlocated 

adjacent to the dispenser price indicator (per gallon) on each side next to the 

driveway it serves; and [derived from SCAQMD Rule 461 Amended March 7, 

2008]

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

(B2) All other signs: 

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

(iib) For permanent (non-decal) signs, two single-sided or one double-sided sign(s) 

per two (2) dispensers. 

(iiic) All signs shall be readable from a distance of 6 feet. 
AVAQMD Rule 461 461-23 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

This Page Intentionally Left Blank 
461-24 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT B [derived from SCAQMD Rule 461 Attachment B]

WEEKLY MAINTENANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the 

following during the weekly maintenance inspections: 

(A) PHASE I VAPOR RECOVERY SYSTEM INSPECTION 

(1) The spill container is clean and does not contain Gasoline. The spill containment drain 

valve shall be Vapor-tight. 

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

(3) If applicable: 

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting. 

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

(4) The Submerged Fill Tube is not missing or damaged. 

(B) PHASE II VAPOR RECOVERY SYSTEM INSPECTION 

(1) The fueling instructions are clearly displayed with the appropriate toll-free complaint 

phone number and toxic warning signs. 

(2) The following nozzle components are in place and in good condition, as specified in 

CARB Executive Orders: 

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device 

(ECD)/VEG 

(b) bellows 

(c) latching device spring 

(d) Vapor Check Valve 

(e) spout (proper diameter/vapor collection holes) 

(f) Insertion Interlock Mechanism 

(g) automatic shut-off mechanism 

(h) hold open latch 
AVAQMD Rule 461 461-25 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

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

(4) For Vacuum-assist Systems, the vapor processing unit and burner are functioning 

properly. 

(C) RECORDS OF DEFECTIVE COMPONENTS
461-26 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT C [derived from SCAQMD Rule 461 Attachment C]

PERIODIC COMPLIANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the 

following during the periodic compliance inspections: 

(A) GENERAL INSPECTION 

(1) The District permit is current. 

(2) The equipment and District permit description match. 

(3) The facility complies with all permit conditions. 

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

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

(B) PHASE I VAPOR RECOVERY SYSTEM INSPECTION 

(1) The spill container is clean and does not contain Gasoline. 

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

(3) If applicable: 

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting. 

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

(4) The Submerged Fill Tube is not missing or damaged. 

(5) The distance between the highest level of the discharge opening of the Submerged Fill 

Tube and the bottom of the stationary storage tank does not exceed six inches (6"). 

(6) The Phase I Vapor Recovery System complies with required CARB certification and is 

properly installed. 

(7) The Spill Box complies with required CARB certification and is properly installed. 

(8) The vent pipes are equipped with required Pressure/vacuum Relief Valves. 

(C) PHASE II VAPOR RECOVERY SYSTEM INSPECTION 
AVAQMD Rule 461 461-27 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

(1) The fueling instructions are clearly displayed. 

(2) Each nozzle is the current CARB-certified model. 

(3) Each nozzle is installed in accordance with the applicable CARB Executive Orders. 

(4) The following nozzle components are in place and in good condition, as specified in 

CARB Executive Orders or California Code of Regulations, Title 17, Part III, Chapter 1, 

subchapter 8, section 94006 or Health and Safety Code Section 41960.2 (e): 

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device 

(ECD) 

(b) bellows 

(c) latching device spring 

(d) Vapor Check Valve 

(e) spout (proper diameter/vapor collection holes) 

(f) Insertion Interlock Mechanism 

(g) automatic shut-off mechanism 

(h) hold open latch 

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

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

(7) The hoses with retractors are adjusted to maintain a proper loop, and the bottom of the 

loop is within the distance from the island surface certified by the CARB Executive 

Order for that particular dispenser configuration. 

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

(9) The bellows-equipped vapor recovery nozzles are equipped with "CARB Certified"

Insertion Interlock Mechanisms. 

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

(11) The swivels are not missing, defective, or leaking, and the dispenser-end swivels, if 

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

(12) If required, the Liquid Removal Devices comply with required CARB certifications and 

are properly installed. 
461-28 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

(13) For Bellows-less Nozzles, the hoses are inverted coaxial type except for Hirt systems, 

and the vapor collection holes are not obstructed. 

(14) For Vacuum-assist Systems, the vapor processing unit and burner are functioning 

properly. 

(15) For Aspirator-assist Systems, the major components (i.e. aspirator or jet pump, 

modulating valve, and Vapor Check Valve) are present inside each dispenser. For 

Aspirator-assist Systems with certification-required calibration stickers, the current 

calibration sticker is present. 
AVAQMD Rule 461 461-29 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

This page intentionally left blank.
461-30 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT A

CALIFORNIA CODE OF REGULATIONS, SECTION 94006

SUBCHAPTER 8, CHAPTER 1, PART III OF TITLE 17

Section 94006. Defects Substantially Impairing the Effectiveness of Vapor Recovery Systems 

Used in Motor Vehicle Fueling Operations.

For the purposes of Section 41960.2 of the Health and Safety Code, the following constitute equipment 

defects in systems for the control of Gasoline Vapors resulting from Motor Vehicle fueling operations 

which substantially impair the effectiveness of the systems in reducing air contaminants:

(a) Absence or disconnection of any component required to be used in the Executive Order(s) that 

certified the system.

(b) A vapor hose which is crimped or flattened such that the vapor passage is blocked, or the 

pressure drop through the vapor hose exceeds by a factor of two or more the requirements in the 

system certified in the CARB Executive Order(s) applicable to the system.

(c) A nozzle bellows which is torn in one or more of the following manner:

1. triangular-shaped or similar tear 2 inch or more to a side, or hole 2 inch or more in 

diameter or,

2. Slit 1 inch or more in length.

(d) Faceplate or flexible cone which is damaged in the following manner:

1. For balance nozzles and for nozzles for aspirator and eductor-assist type systems, 

damage shall be such that the capability to achieve a seal with a fill pipe interface is 

affected for 1/4 of the circumference of the faceplate (accumulated).

2. For nozzles for vacuum assist-type systems, more than 1/4 of the flexible cone missing.

(e) Nozzle shutoff mechanisms which malfunction in any manner.

(f) Vapor return lines, including such components as swivels, anti-recirculation valves and 

underground piping, which malfunction or are blocked, or restricted such that the pressure drop 

through the lines exceeds by factor of two or more requirements specified in the Executive 

Order(s) that certified the system.
AVAQMD Rule 461 461-31 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT A - CONTINUED

(g) Vapor processing unit which is inoperative.

(h) Vacuum producing device which is inoperative.

(i) Pressure/vacuum Relief Valves, Vapor Check Valves, or dry breaks which are inoperative.

(j) Any equipment defect which is identified in an Executive Order certifying a system pursuant to 

the Certification Procedures incorporated in Section 94001 of Title 17, California Code of 

Regulations, as substantially impairing the effectiveness of the system in reducing air 

contaminants.

All nozzles affected by the above defects are to be considered defective.

NOTE:Authority Cited: Sections 39600, 39601, 41960.2, Health and Safety Code.
461-32 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT BA

APCDAVAQMD-REQUIRED SIGNS

I(A). The operator shall post the following signs: 

(A1) "NOZZLE" operating instructions:;

(B2) Antelope Valley APCDAQMD" toll-free telephone number; and 

(C3) A "warning" stating: 

"TOXIC RISK - FOR YOUR OWN PROTECTION 

DO NOT BREATHE FUMES 

DO NOT TOP TANKS"

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

(A1) For decal signs: 

(ia) Each sign shall be visible from all Fueling Positions it serves; andlocated 

adjacent to the dispenser price indicator (per gallon) on each side next to the 

driveway it serves; and [derived from SCAQMD Rule 461 Amended March 7, 

2008]

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

(B2) All other signs: 

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

(iib) For permanent (non-decal) signs, two single-sided or one double-sided sign(s) 

per two (2) dispensers. 

(iiic) All signs shall be readable from a distance of 6 feet. 
AVAQMD Rule 461 461-33 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

This Page Intentionally Left Blank 
461-34 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT B [derived from SCAQMD Rule 461 Attachment B]

WEEKLY MAINTENANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the 

following during the weekly maintenance inspections: 

(A) PHASE I VAPOR RECOVERY SYSTEM INSPECTION 

(1) The spill container is clean and does not contain Gasoline. The spill containment drain 

valve shall be Vapor-tight. 

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

(3) If applicable: 

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting. 

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

(4) The Submerged Fill Tube is not missing or damaged. 

(B) PHASE II VAPOR RECOVERY SYSTEM INSPECTION 

(1) The fueling instructions are clearly displayed with the appropriate toll-free complaint 

phone number and toxic warning signs. 

(2) The following nozzle components are in place and in good condition, as specified in 

CARB Executive Orders: 

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device 

(ECD)/VEG 

(b) bellows 

(c) latching device spring 

(d) Vapor Check Valve 

(e) spout (proper diameter/vapor collection holes) 

(f) Insertion Interlock Mechanism 

(g) automatic shut-off mechanism 

(h) hold open latch 
AVAQMD Rule 461 461-35 

Gasoline Transfer and Dispensing 

D2, 08/08/08 

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

(4) For Vacuum-assist Systems, the vapor processing unit and burner are functioning 

properly. 

(C) RECORDS OF DEFECTIVE COMPONENTS
461-36 AVAQMD Rule 461

Gasoline Transfer and Dispensing 

D2, 08/08/08 

ATTACHMENT C [derived from SCAQMD Rule 461 Attachment C]

PERIODIC COMPLIANCE INSPECTION PROTOCOL

The Owner/operator of a Retail Gasoline Transfer and Dispensing Facility shall at minimum verify the 

following during the periodic compliance inspections: 

(A) GENERAL INSPECTION 

(1) The District permit is current. 

(2) The equipment and District permit description match. 

(3) The facility complies with all permit conditions. 

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

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

(B) PHASE I VAPOR RECOVERY SYSTEM INSPECTION 

(1) The spill container is clean and does not contain Gasoline. 

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

(3) If applicable: 

(a) the spring-loaded Submerged Fill Tube seals properly against the coaxial fitting. 

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

(4) The Submerged Fill Tube is not missing or damaged. 

(5) The distance between the highest level of the discharge opening of the Submerged Fill 

Tube and the bottom of the stationary storage tank does not exceed six inches (6"). 

(6) The Phase I Vapor Recovery System complies with required CARB certification and is 

properly installed. 

(7) The Spill Box complies with required CARB certification and is properly installed. 

(8) The vent pipes are equipped with required Pressure/vacuum Relief Valves. 

(C) PHASE II VAPOR RECOVERY SYSTEM INSPECTION 
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Gasoline Transfer and Dispensing 

D2, 08/08/08 

(1) The fueling instructions are clearly displayed. 

(2) Each nozzle is the current CARB-certified model. 

(3) Each nozzle is installed in accordance with the applicable CARB Executive Orders. 

(4) The following nozzle components are in place and in good condition, as specified in 

CARB Executive Orders or California Code of Regulations, Title 17, Part III, Chapter 1, 

subchapter 8, section 94006 or Health and Safety Code Section 41960.2 (e): 

(a) faceplate/facecone; vapor splash guard/fill guard/efficiency compliance device 

(ECD) 

(b) bellows 

(c) latching device spring 

(d) Vapor Check Valve 

(e) spout (proper diameter/vapor collection holes) 

(f) Insertion Interlock Mechanism 

(g) automatic shut-off mechanism 

(h) hold open latch 

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

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

(7) The hoses with retractors are adjusted to maintain a proper loop, and the bottom of the 

loop is within the distance from the island surface certified by the CARB Executive 

Order for that particular dispenser configuration. 

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

(9) The bellows-equipped vapor recovery nozzles are equipped with "CARB Certified"

Insertion Interlock Mechanisms. 

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

(11) The swivels are not missing, defective, or leaking, and the dispenser-end swivels, if 

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

(12) If required, the Liquid Removal Devices comply with required CARB certifications and 

are properly installed. 
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Gasoline Transfer and Dispensing 

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(13) For Bellows-less Nozzles, the hoses are inverted coaxial type except for Hirt systems, 

and the vapor collection holes are not obstructed. 

(14) For Vacuum-assist Systems, the vapor processing unit and burner are functioning 

properly. 

(15) For Aspirator-assist Systems, the major components (i.e. aspirator or jet pump, 

modulating valve, and Vapor Check Valve) are present inside each dispenser. For 

Aspirator-assist Systems with certification-required calibration stickers, the current 

calibration sticker is present. 
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APPENDIX "B" 

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press, 07/18/08 
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APPENDIX "C" 

PUBLIC COMMENTS AND RESPONSES

1. CARB Comment Letter, 08/08/08 
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STATE OF CALIFORNIA 

ENVIRONMENTAL PROTECTION AGENCY

AIR RESOURCES BOARD 

P. O. Box 2815 

Sacramento, California 95812 

August 8, 2008 

Transmittal 

of 

ARB Staff Rule Review Comments 

To: Mr. Charles L. Fryxell, Air Pollution Control Officer 

Antelope Valley Air Quality Management District 

Telephone Number: (661) 723-8070 

e-mail: cfryxell@mdaqmd.ca.gov 

From: Patrick Au, (916) 322-3303 

e-mail: pau@arb.ca.gov 

The following rule, which is scheduled for a public hearing to be held by your District Board on 

August 19, 2008, was received by us on July 10, 2008, for our review: 

461 Gasoline Transfer and Dispensing (for amendment) 

We have reviewed the rule and have the comments on the following pages. We believe that 

our comments can be used to enhance the clarity and effectiveness of Rule 461. 

On July 22, 2008, Ms. Cindy Castronovo of our Laboratory and Monitoring Division discussed 

our comments with Ms. Tracy Walters of your staff. 

 

If you have any questions about our comments, please contact Ms. Castronovo at 

(916) 322-8957. 

Rule review comments are on the following pages 
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 Date: August 8, 2008

Air Resources Board Staff Comments on 

Antelope Valley Air Quality Management District 

Proposed Rule 461 

General Comments 

1. Air Resources Board (ARB) staff fully supports and appreciates the District’s efforts in 

including a Phase II exemption for facilities that fuel primarily vehicles equipped with 

onboard refueling vapor recovery (ORVR) as discussed in the ARB’s February 20, 2008 

letter to California Air Pollution Control Officers. 

2. ARB staff requests that the District staff also consider a Phase II exemption for 

dispensing systems for E85 fuel. The justification for this request is also provided in the 

February 20, 2008 letter. 

Comments on Proposed Amended Rule 461 

3. Sections (B)(3): We recommend deleting the phrase, “An Aspirator-assist systems 

may also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles,” as the 

terms “vapor incinerators” and “bellows-less nozzles” are now obsolete. 

4. Section (B)(7): “CARB Certified” Vapor Recovery Systems. Language is correct, but 

the EVR Phase I systems are certified to a minimum 98% efficiency. 

5. Section (B)(22): The definition of ORVR in Section (B)(21) is sufficient, but the 

language in (B)(22) is confusing. An alternative may be to define “vehicle fleet.” 

6. Sections (B)(31): We recommend deleting the phrase, “Vacuum-assist systems may 

also incorporate Gasoline Vapor incinerators and/or Bellows-less Nozzles,” as the terms 

“vapor incinerators” and “bellows-less nozzles” are now obsolete. 

7. Section (C)(1)(g): We recommend deleting the phrase “The Spill Box shall be 

equipped with an integral Vapor-tight drain valve to return spilled Gasoline to the 

underground stationary storage tank.” Some EVR Phase I systems do not require drain 

valves, other means of removing gasoline in the spill box is allowable, such as a hand 

pump. 
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8. Section (C)(3)(c)(iii): We recommend deleting the phrase “Is operated and maintained 

with an integral Vapor-tight drain valve to return spilled Gasoline to the storage tank, if the 

tank is equipped with a spill container” for the reasons stated in Comment 7. 

9. Requirements (C)(3)(f): These P/V valve settings have been modified for EVR 

systems. See May 2006 CP-201 for revised criteria 

(http://www.arb.ca.gov/testmeth/vol2/cp201_may2006.pdf). 
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District response to CARB comments: 

1. No response necessary. 

2. The District considers E85 to have equivalent ozone forming potential to gasoline and is 

accordingly not exempting E85 from Phase II vapor recovery requirements. The District may 

revisit this decision in response to State greenhouse gas initiatives. 

3. The phrase “An aspirator-assist systems may also incorporate Gasoline Vapor incinerators 

and/or Bellows-less Nozzles” was removed from section (B)(3). 

4. Section (B)(7) was modified to reflect code section which applies. 

5. Section (B)(22) was removed. 

6. The phrase “Vacuum-assist systems may also incorporate Gasoline Vapor incinerators and/or 

Bellows-less Nozzles” was removed from section (B)(31). 

7. The phrase “The Spill Box shall be equipped with an integral Vapor-tight drain valve to return 

spilled Gasoline to the underground stationary storage tank” was removed from section 

(C)(1)(g). 

8. The phrase “Is operated and maintained with an integral Vapor-tight drain valve to return 

spilled Gasoline to the storage tank, if the tank is equipped with a spill container” was 

removed from section (C)(3)(c)(iii). 

9. Section (C)(3)(f) was modified to add the criteria for P/V valve settings for EVR systems. 
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APPENDIX "D" 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

DOCUMENTATION

1. Notice of Exemption – Los Angeles County 
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APPENDIX "E" 

BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed 

amendment to Rule 461: 

1. 66 FR 33177, 6/21/01 

2. 65 FR 68111, 11/14/00 

3. USEPA Technical Support Document for AVAQMD Rule 461, 07/27/00 

4. Archive Files, Rule 461 09/15/98 

5. ARB letter, 02/20/08, Encouraging Air Districts to Adopt Phase II Vapor Recovery 

Exemptions for ORVR Fleets and E85 Dispensing 

http://www.arb.ca.gov/vapor/e85/e85orvrletter022008.pdf

6. SCAQMD Rule 461, Amended March 7, 2008

7. SJVUAPCD Rule 4622, Amended December 20, 2007
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