U.S. Environmental Protection Agency, Region 9

Clean Air Act Permit

Federal Indian Country Minor New Source Review Program 

General Air Quality Permit for New or Modified Minor Source Gasoline Dispensing 

Facilities in Indian Country within California

Version 1.0

Applicability

Pursuant to the provisions of the Clean Air Act (CAA), 42 USC 7401 et seq., and CAA implementing regulations at 40 CFR 

49.151-49.161, this General Permit authorizes the construction or modification, and operation, of each stationary 

gasoline dispensing facility (GDF) for which a reviewing authority issues an Approval of the Request for Coverage (a 

permitted source).

Eligibility

To be eligible for coverage under this General Permit, the permitted source must qualify as a minor source as defined in 

40 CFR 49.152 and meet all of the eligibility criteria described in the Request for Coverage for this General Permit. Other 

emission units not covered by this General Permit may require a separate permit from the reviewing authority.

Request for Coverage

The requirements for submitting a Request for Coverage for this General Permit are contained in Section 7 of this 

General Permit. 

Incorporation of Approval of the Request for Coverage

The information contained in the Approval of the Request for Coverage applicable to each permitted source is hereby 

enforceable under this General Permit.

Termination

Section 6 of this General Permit addresses a reviewing authority’s ability to revise, revoke and reissue, or terminate this 

General Permit. It also addresses the reviewing authority’s ability to amend or terminate its Approval of the Request for 

Coverage for an individual permitted source under this General Permit.

Effective Date

Per 40 CFR 49.159(a), this permit will become effective, and available for sources to seek coverage under, 30 days after 

the service of notice of the final permit decision, unless review of the final permit by the EPA’s Environmental Appeals 

Board is requested under 40 CFR 49.159(d). This General Permit becomes effective and applicable as to a particular 

stationary source upon issuance by the reviewing authority of an Approval of the Request for Coverage for that

particular stationary source.

____________________________________ _______________________________

Elizabeth J. Adams, Date

Acting Director, Air Division
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Permit Terms and Conditions

The following terms and conditions apply to each permittee and permitted source with respect to emissions units and 

any associated air pollution control equipment listed in that permitted source’s Approval of the Request for Coverage.

Section 1: General Provisions

1. Construction and Operations

The permittee shall construct or modify and shall operate the affected emission units and any associated air 

pollution control equipment in compliance with this permit, the representations made by the permittee in the

Request for Coverage, the Approval of the Request for Coverage, and all other applicable federal air quality 

regulations.

2. Definitions

The terms used herein shall have the meaning defined in 40 CFR 49.152, unless any such term is defined in 

Attachment B of this General Permit, in which case the definition in Attachment B shall govern. If a term is not 

defined in either 40 CFR 49.152 or Attachment B, it shall be interpreted in accordance with normal business use.

3. Location

This General Permit authorizes the permittee to construct or modify and to operate the permitted source only in the 

location listed in the reviewing authority’s Approval of the Request for Coverage applicable to that permitted 

source.

4. Liability

This General Permit does not release the permittee from any liability for compliance with other applicable federal 

and tribal environmental laws and regulations, including the CAA and its implementing regulations.

5. Severability

The provisions of this General Permit are severable. If any portion of this General Permit is held to be invalid, the 

remaining terms and conditions of this General Permit shall remain valid and in force.

6. Compliance

The permittee must comply with all applicable provisions of this General Permit, including those set forth in the 

Attachments to this General Permit, and emission limitations that apply to the affected emissions units at the 

permitted source. Noncompliance with any General Permit provision is a violation of this General Permit and may 

constitute a violation of the CAA; is grounds for an enforcement action; and is grounds for the reviewing authority to 

revoke the Approval of the Request for Coverage and terminate the permitted source’s coverage under this General 

Permit.

7. National Ambient Air Quality Standards (NAAQS)/Prevention of Significant Deterioration (PSD) Increment Protection

The permitted source must not cause or contribute to a NAAQS violation and, in an attainment area, must not cause 

or contribute to a PSD increment violation.
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8. Unavailable Defense

It is not a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce 

the permitted activity in order to maintain compliance with the provisions of this General Permit.

9. Property Rights

This General Permit does not convey any property rights of any sort or any exclusive privilege.

10. Information Requests

You, as the permittee, shall furnish to the reviewing authority, within 30 days, unless another timeframe is specified 

by the reviewing authority, any information that the reviewing authority may request in writing to determine 

whether cause exists for revising, revoking and reissuing, or terminating this General Permit or any Approval of a 

Request for Coverage under this General Permit, or to determine compliance with this General Permit. For any such 

information claimed to be confidential, the permittee must submit a claim of confidentiality in accordance with 40 

CFR part 2 subpart B.

11. Inspection and Entry

Upon presentation of proper credentials, the permittee must allow representatives of the reviewing authority to:

a. Enter upon the premises where a source is located or emissions-related activity is conducted or where records 

are required to be kept under the conditions of this General Permit;

b. Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of 

the General Permit;

c. Inspect, during normal business hours or while the source is in operation, any facilities, equipment (including 

monitoring and air pollution control equipment), practices or operations regulated or required under the 

General Permit;

d. Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with 

the General Permit or other applicable requirements; and

e. Record any inspection by use of written, electronic, magnetic and photographic media.

12. Permit Becomes Invalid

Authority to construct and operate under this General Permit becomes invalid if the permittee does not commence 

construction within 18 months after the effective date of the Approval of Request for Coverage, if the permittee 

discontinues construction for a period of 18 months or more, or if the permittee does not complete construction 

within a reasonable time. The reviewing authority may extend the 18-month period upon a satisfactory showing that 

an extension is justified, according to 40 CFR 49.156(e)(8).

13. Posting of Coverage

The most current Approval of the Request for Coverage for the permitted source must be posted prominently at the 

permitted source, and each affected emissions unit and any associated air pollution control equipment must be 

labeled with the identification number listed in the Approval of the Request for Coverage for that permitted source.

14. Duty to Obtain Source-Specific Permit

If the reviewing authority intends to terminate a permitted source’s coverage under this General Permit for cause as 

provided in Section 6 of this General Permit, then the permittee shall apply for and obtain a source-specific permit if 

and as required by the reviewing authority.
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15. Credible Evidence

For the purpose of establishing whether the permittee violated or is in violation of any requirement of this permit, 

nothing shall preclude the use, including the exclusive use, of any credible evidence or information relevant to 

whether a source would have been in compliance with applicable requirements if the permittee had performed the 

appropriate performance or compliance test procedure.

16. Incorporation by Reference

This General Permit incorporates by reference the following procedures and standards issued by the California Air 

Resources Board (CARB), and apply to the permitted source as specified below in this General Permit:

a. CARB Vapor Recovery Certification Procedure, CP-201, Certification Procedure for Vapor Recovery Systems 

at Gasoline Dispensing Facilities, as amended on April 23, 2015 (hereinafter referred to as CARB CP-201).

b. CARB Executive Order VR-202-U, executed on August 31, 2016 (hereinafter referred to as CARB VR-202-U), 

including the CARB-Approved Installation, Operation and Maintenance Manual.

c. CARB Executive Order VR-204-S, executed on March 28, 2016 (hereinafter referred to as CARB VR-204-S), 

including the CARB-Approved Installation, Operation and Maintenance Manual.

d. CARB Executive Order VR-208-A, executed on September 23, 2009 (hereinafter referred to as CARB VR-208-

A), including the CARB-Approved Installation, Operation and Maintenance Manual.

These procedures and standards are available for review on the EPA Region 9’s website. In lieu of the specified 

procedures and standards, equivalent procedures or standards may be used with prior written approval from the 

EPA. 

Section 2: Emission Limitations and Standards

17. The permittee shall install, maintain and operate the permitted source, including any associated air pollution control 

equipment, in a manner consistent with good air pollution control practices for minimizing emissions of regulated

NSR pollutants and considering the manufacturer’s recommended operating procedures at all times, including 

periods of startup, shutdown, maintenance and malfunction. The reviewing authority will determine whether the 

permittee is using acceptable operating and maintenance procedures based on information available to the 

reviewing authority which may include, but is not limited to, monitoring results, opacity observations, review of 

operating and maintenance procedures, and inspection of the permitted source.

18. A GDF located in an ozone attainment, unclassifiable or attainment/unclassifiable area or a marginal or moderate 

ozone nonattainment area shall limit the throughput of gasoline from source-wide equipment to less than 

25,000,000 gallons per year based on a 12-month rolling total.

19. A GDF located in a serious, severe or extreme ozone nonattainment area shall limit the throughput of gasoline from 

source-wide equipment to less than 15,000,000 gallons per year based on a 12-month rolling total.

20. The permittee must ensure that gasoline is handled in a manner that will minimize vapor releases to the 

atmosphere. The measures to be taken include:

a. Minimizing gasoline spills;

b. Cleaning up spills as expeditiously as practicable (the spill bucket shall be free from standing liquid and debris);
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c. Covering all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use 

(all portable gasoline containers that meet the requirements of 40 CFR part 59, subpart F meet this 

requirement);

d. Minimizing gasoline sent to open waste collection systems that collect and transport gasoline to reclamation 

and recycling devices, such as oil/water separators; and

e. To the extent practicable, any other actions necessary to minimize vapor releases to the atmosphere.

21. Except for gasoline storage tanks with a capacity less than 250 gallons, gasoline must only be loaded into each new 

or modified storage tank by utilizing submerged filling, and only as specified in this condition. The applicable 

distance below shall be measured from the point in the opening of the submerged fill pipe that is the greatest 

distance from the bottom of the storage tank.

a. Submerged fill pipes must be no more than 6 inches from the bottom of the tank.

b. Submerged fill pipes not meeting the specifications of Condition 21.a of this condition are allowed if the owner 

or operator can demonstrate that the liquid level in the tank is always above the entire opening of the fill pipe. 

Documentation providing such demonstration must be available onsite for inspection by the reviewing 

authority.

22. Except as provided in Condition 25, each new or modified gasoline storage tank constructed must be equipped with 

a Stage I dual-point vapor balance system.

23. Each Stage I dual-point vapor balance system on a gasoline storage tank must meet the design criteria and 

management practices in Attachment C of this General Permit.

24. Each required Stage I dual-point vapor balance system shall be in full operation whenever gasoline fuel is being 

transferred into storage tanks.

25. The affected emissions units listed below are not required to comply with the control requirements in Conditions 22

through 24.

a. Gasoline storage tanks with a capacity of less than 250 gallons.

b. Gasoline storage tanks equipped with floating roofs, or the equivalent.

26. Cargo tanks unloading at the new or modified GDF must not unload gasoline into a storage tank at the GDF unless 

the following management practices are met:

a. All hoses in the vapor balance system are properly connected;

b. Any adapters or couplers that attach to the vapor line on the storage tank have closures that seal upon 

disconnect;

c. All vapor return hoses, couplers, and adapters used in gasoline delivery are vapor-tight;

d. All tank truck vapor return equipment is compatible in size and forms a vapor-tight connection with the vapor 

balance equipment on the GDF storage tank;

e. All hatches on the tank truck are closed and securely fastened; and

f. The filling of storage tanks at the GDF is limited to unloading from vapor-tight gasoline cargo tanks.

27. For each new or modified GDF located in an ozone nonattainment area, the gasoline dispenser, fuel dispensing unit, 

and all associated equipment shall be equipped with a Stage II system. Each Stage II system shall be a CARB Phase II 
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Enhanced Vapor Recovery (EVR) System with an In-Station Diagnostic (ISD) system that meet the design criteria and 

management practices specified in Attachment D. 

28. Each required CARB Phase II EVR System and ISD system shall be in full operation whenever gasoline is being 

transferred into a motor vehicle.

29. All emergency engines at the GDF shall be emergency generator engines designed solely for the purpose of 

providing electrical power during power outages, as follows:

a. In attainment areas, the total maximum manufacturer’s site-rated horsepower of all emergency generator 

engines shall be below 1,000.

b. In nonattainment areas that are classified as marginal, moderate, or serious, the total maximum manufacturer’s 

site-rated horsepower of all emergency generator engines shall be below 500.

c. In nonattainment areas that are classified as severe or extreme, no new or modified emergency generator 

engines may be located at the permitted source.

Section 3: Monitoring and Testing Requirements

30. For each required Stage I vapor control recovery system and Stage II vapor control recovery system, the permittee 

shall perform an initial performance test as specified in Attachments C and D of this General Permit and subsequent 

performance test, as specified in Attachments C and D, every 3 years thereafter. The initial performance test shall be 

conducted within 60 days after achieving the maximum production rate at which the permitted source will operate 

the affected vapor balance system, but not later than 180 days after the first day of operation after the Approval of 

the Request for Coverage is issued.

31. The permittee shall monitor gasoline throughput on a monthly basis (in gallons). With respect to all affected 

emission units, the permittee shall also perform weekly inspections of the vapor control recovery system(s), and all 

pumps, compressors, pipes, hoses, mechanical seals, and other equipment used for storing, handling, conveying, or 

controlling VOCs. For sources located in extreme ozone nonattainment areas, these equipment inspections shall be 

performed daily. The inspections shall be used to determine whether all equipment is in good working order 

according to any available manufacturer’s recommendations and good engineering practices. The permittee shall 

take corrective action to restore any equipment to good working order as soon as practicable. 

32. For each required ISD System, the permittee shall install, operate and maintain the system to ensure it meets the 

monitoring requirements in CP-201, Section 9.2. Each such ISD System shall monitor the air-to-liquid ratio, balance 

performance, central vacuum unit, pressure of each underground storage tank ullage, and vapor processing.

33. As specified by CARB VR-202-U, VR-204-S, or VR-208-A, the permittee shall be responsible for performing the 

scheduled weekly, quarterly, and annual inspections, and required vapor recovery system tests, as outlined in the 

applicable Installation, Operation, and Maintenance (IOM) manual for the Phase II EVR system.

Section 4: Recordkeeping Requirements

34. The permittee shall maintain all records required by this General Permit for at least 5 years from the date of origin, 

unless otherwise stated. All records shall be maintained onsite or be available electronically onsite.
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35. The Request for Coverage and all documentation supporting that application shall be maintained by the permittee 

for the duration of time the affected emissions unit(s) is covered under this General Permit.

36. The permittee shall maintain records of each inspection required by Conditions 31 and 33. The records shall include 

a log of:

a. Identification of the devices inspected;

b. The date of the inspection;

c. The results of each inspection;

d. Any corrective actions taken as a result of the inspection; and

e. The results of any corrective actions taken.

37. The permit shall maintain records on a monthly basis of the fuel throughput in gallons and the 12-month rolling 

total. The 12-month rolling total is defined as the sum of the fuel throughput during the current month and the fuel 

throughput of the previous 11 months.

38. The permittee shall ensure that records of monitoring by each required ISD System are maintained according to CP201, Section 9.3. The owner or operator must generate monthly and daily reports as specified in CP-201, Section 

9.3.1 and 9.3.2, and, upon written request or during an inspection by the reviewing authority, on-demand monthly 

reports according to CP-201, Section 9.3.2.

39. For each alarm event of the ISD system, at a minimum, the permittee shall ensure all information relating to the 

alarm event, course of action taken, repairs made, and tests or procedures performed, shall be recorded, reported 

as a deviation, and made available to the reviewing authority upon request.

40. The results of each performance test conducted pursuant to Section 3 of this General Permit shall be recorded. At a 

minimum, the permittee shall maintain records of:

a. The date of each test;

b. Each test plan;

c. Any documentation required to approve an alternate test method;

d. Test conditions;

e. The results of each test; and

f. The name of the company or entity conducting the analysis.

41. Records of Monitoring 

The permittee shall maintain records of all required monitoring data and support information for the monitoring 

sample, measurement, report or application. Supporting information would include, for example, all calibration and 

maintenance records, all original strip-chart records or digital records for continuous monitoring instrumentation.

The permittee shall maintain records of required monitoring information that includes the following information, as 

applicable:

a. The location, date and time of sampling or measurements;

b. The date(s) analyses were performed;

c. The company or entity that performed the analyses;

d. The analytical techniques or methods used;

e. The results of such analyses; and
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f. The operating conditions existing at the time of sampling or measurement.

42. The permittee shall maintain records of all reports and notifications required by Section 5.

Section 5: Notification and Reporting Requirements

43. Notification of Construction of Modification, and Operations

The permittee shall submit a written or electronic notice to the reviewing authority within 30 days after the

permittee begins construction, and within 30 days after the permittee begins initial operations or resumes operation 

after a modification.

44. Notification of Change in Ownership or Operator

If the permitted source changes ownership or operator, then the new owner or operator must submit a written or 

electronic notice to the reviewing authority within 90 days after the change in ownership or operator is effective. In 

the notice, the new permittee must provide the reviewing authority a written agreement containing a specific date 

for transfer of ownership or operator, and an effective date on which the new owner or operator assumes partial 

and/or full coverage and liability under this General Permit. The submittal must identify the previous owner or 

operator, and update the name, street address, mailing address, contact information, and any other information 

about the permitted source if such information would change as a result of the change of ownership or operator. 

The current owner or operator shall ensure that the permitted source remains in compliance with the General 

Permit until any such transfer of ownership or operator is effective. The current owner shall ensure the new owner 

or operator is provided all records required by Section 4 prior to the transfer of ownership or operator.

45. Notification of Closure

The permittee must submit a report of any permanent or indefinite closure to the reviewing authority in writing 

within 90 days after the cessation of all operations at the permitted source. It is not necessary to submit a report of 

closure for regular, seasonal closures.

46. Annual Reports

The permittee shall submit an annual report on or before March 15 of each calendar year to the reviewing authority. 

The annual report shall cover the period from January 1 to December 31 of the previous calendar year and shall 

include:

a. An evaluation of the permitted source’s compliance status with the emission limitations and standards in 

Section 2 of this General Permit;

b. Summaries of the required monitoring and recordkeeping in Sections 3 and 4; and

c. Summaries of deviation reports submitted pursuant to Condition 47.

47. Deviation Reports

The permittee shall promptly report to the reviewing authority any deviations (as the term is defined in Attachment 

B) from the requirements of this General Permit including deviations attributable to upset conditions. For the 

purposes of this General Permit, promptly shall be defined to mean: no later than the date the next annual report in 

Condition 46 is submitted or due to be submitted, whichever is earlier. Deviation reports shall include:

a. The identity of affected emissions unit where the deviation occurred;

b. The nature of the deviation;
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c. The length of time of the deviation;

d. The probable cause of the deviation; and

e. Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions from the 

deviation and to prevent future deviations.

48. Performance Test Reports

The permittee shall submit a test report to the reviewing authority within 45 days after the completion of any 

required performance test. At a minimum, the test report shall include:

a. A description of the affected emissions unit and sampling location(s);

b. The time and date of each test;

c. A summary of test results, reported in units consistent with the applicable standard;

d. A description of the test methods and quality assurance procedures used;

e. A summary of any deviations from the proposed test plan and justification for why the deviation(s) was 

necessary;

f. Operating parameters of the affected emissions unit and control equipment during each test run;

g. Sample calculations of equations used to determine test results in the appropriate units; and

h. The name of the company or entity performing the analysis.

49. Reporting and Notification Address

The permittee shall send all required reports and notifications to the reviewing authority at the following addresses. 

Reports and notifications sent by mail shall be postmarked by the applicable due date. 

Mail: U.S. EPA Region 9, Pacific Southwest

Enforcement Division

Air & TRI Section Manager (ENF-2-1)

75 Hawthorne Street

San Francisco, California 94105

Email: AEO_R9@epa.gov

50. Signature Verifying Truth, Accuracy, and Completeness

All reports and notifications required by this General Permit shall be signed by a responsible official as to the truth, 

accuracy and completeness of the information. The report must state that, based on information and belief formed 

after reasonable inquiry, the statements and information are true, accurate, and complete. If the permittee 

discovers that any reports or notification submitted to the reviewing authority contain false, inaccurate, or 

incomplete information, the permittee shall notify the reviewing authority immediately and correct or amend the 

report as soon as practicable.

Section 6: Changes to this General Permit and Approvals of Requests for Coverage

51. Revising, Reopening, Revoking and Reissuing, or Terminating for Cause

The General Permit and/or a permitted source’s Approval of the Request for Coverage may be revised, reopened, 

revoked and reissued or terminated for cause. The filing of a request by the permittee for a permit revision, 

revocation and re-issuance, or termination, or of a notification of planned changes or anticipated noncompliance,
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does not stay any condition of this General Permit. This provision also applies to the requirements incorporated by 

reference.

52. Terminating Coverage Under the General Permit

The reviewing authority may terminate a previously issued Approval of the Request for Coverage, and thereby 

terminate the permittee’s authorization to construct or modify, and that permitted source’s authorization to 

operate under this General Permit, for cause as defined in Attachment B. The reviewing authority may provide the 

permittee with notice of the intent to terminate, and delay the effective date of the termination to allow the 

permittee to obtain a source-specific permit, as required by the reviewing authority.

53. Changes in Ownership or Operator or Similar Changes

If requested by the permittee, or determined to be necessary by the reviewing authority, the reviewing authority 

may amend the Approval of the Request for Coverage to reflect a change in ownership or operator, or to make other 

minor changes, analogous to those described in 40 CFR 49.159(f)(1). 

Section 7: Obtaining Coverage under this General Permit

54. To request coverage under this General Permit, an applicant must submit a complete and accurate Request for 

Coverage to the reviewing authority at one of the addresses below. An individual source obtains coverage under this 

General Permit when the reviewing authority issues an Approval of the Request for Coverage for the source. 

Mail: U.S. EPA Region 9, Pacific Southwest

Air Division

Permits Office Chief, Air-3

75 Hawthorne St

San Francisco, CA 94105

Email: R9AirPermits@epa.gov

An applicant must also submit a copy of the Request for Coverage to the Indian Governing Body, such as the tribal 

chairperson, for any area within Indian country in which the permitted source will locate, at the same time the applicant 

submits your Request for Coverage to the reviewing authority.
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Attachment A: Abbreviations and Acronyms

AST Aboveground Storage Tank

CAA or the Act Federal Clean Air Act

CARB California Air Resources Board

CFR Code of Federal Regulations

CP Certification Procedure

EPA United States Environmental Protection Agency

GDF Gasoline Dispensing Facility

NAAQS National Ambient Air Quality Standards

NSR New Source Review

ppm parts per million

PSD Prevention of Significant Deterioration

PV Pressure/Vacuum

TP Test Procedure

UST Underground Storage Tank

VOC Volatile Organic Compounds
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Attachment B: Definitions

For purposes of this General Permit:

Approval of the Request for Coverage means a reviewing authority’s letter granting an applicant’s request for 

construction or modification, and operation of a minor source under the terms and conditions of this General Permit.

CARB Certified or certified by CARB means a vapor recovery system, equipment, or any component thereof, for which 

the California Air Resources Board (CARB) has evaluated its performance and issued a valid Executive Order pursuant to 

California Health and Safety Code, Section 41954. Each component of a system is a separate CARB certified item and 

cannot be replaced with a non-certified item or other items that are not certified for use with the particular system. 

Except for qualified repairs, a CARB certified component shall be as supplied by the qualified manufacturer. A rebuilt 

component shall not be deemed as CARB certified unless the person who rebuilds the component is authorized by CARB 

to rebuild the designated CARB certified component.

Cause means, with respect to the reviewing authority’s ability to terminate, revise, revoke or reissue a permitted 

source’s Approval of Request for Coverage under this General Permit, that:

1. The permittee is not in compliance with the provisions of this General Permit;

2. The reviewing authority has reasonable cause to believe that the permittee obtained Approval of the Request 

for Coverage by fraud or misrepresentation; or

3. The permittee failed to disclose a material fact required by the Request for Coverage or the regulations 

applicable to the permitted source of which the applicant had or should have had knowledge at the time the 

permittee submitted the Request for Coverage.

Construction means any physical change or change in the method of operation including fabrication, erection, 

installation, demolition, or modification of an affected emissions unit that would result in a change of emissions.

Deviation means any situation in which an emissions unit fails to meet a permit term or condition. A deviation is not 

always a violation. A deviation can be determined by observation or through review of data obtained from any testing, 

monitoring, or recordkeeping established in accordance with the requirements of this permit. For a situation lasting 

more than 24 hours which constitutes a deviation, each 24-hour period is considered a separate deviation. Included in 

the meaning of deviation are any of the following:

1. A situation where emissions exceed an emission limitation or standard;

2. A situation where process or emissions control device parameter values indicate that an emission limitation or 

standard has not been met; and

3. A situation in which observations or data collected demonstrates noncompliance with an emission limitation or 

standard or any work practice or operating condition required by the permit.

Dispenser means a gasoline dispensing unit used for housing the aboveground gasoline and vapor recovery piping, the 

gasoline meters, and to hang gasoline-dispensing nozzles when they are not in use for fueling.

Dual-point vapor balance system means a type of vapor balance system in which the storage tank is equipped with an 

entry port for a gasoline fill pipe and a separate exit port for a vapor connection.

Emergency engine means an engine that is operated to provide electrical power or mechanical work during an 

emergency situation. Examples include engines used to produce power for critical networks or equipment (including 

power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the 
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facility runs on its own power production) is interrupted, or an engine used to pump water in the case of fire, flood, or 

other event.

Emergency generator engines means an emergency engine that is designed solely for providing electrical power during 

power outages. 

Enhanced vapor recovery (EVR) means 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.

Gasoline dispensing facility (GDF) means any stationary facility which dispenses gasoline into the fuel tank of a motor 

vehicle, motor vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad vehicle or nonroad engine used 

solely for competition. These facilities include, but are not limited to, facilities that dispense gasoline into on- and offroad, street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, generators, 

pumps, and other gasoline-fueled engines and equipment.

Gasoline vapors means the organic compounds in vapor form displaced during gasoline transfer and dispensing 

operations, and includes entrained liquid gasoline.

In-Station Diagnostics means equipment that provides continuous real-time monitoring of critical emission-related 

vapor recovery system parameters and components, and alerts the station operator when a failure mode is detected so 

that corrective action is taken.

Owner or operator means any person who owns, leases, or operates a gasoline dispensing facility.

Permittee means the owner or operator of a permitted source.

Permitted source means each gasoline dispensing facility that has submitted a complete Request for Coverage for which 

the reviewing authority has issued an Approval of Request for Coverage.

Qualified Manufacturer means the original equipment manufacturer of the CARB-certified vapor recovery system or 

component, or a rebuilder who is authorized by CARB to rebuild the designated CARB-certified component.

Rebuild means 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.

Request for Coverage means a permit application that contains all the information required in the standard application 

form “Request for Coverage under the General Air Quality Permit for New or Modified Minor Source Gasoline 

Dispensing Facilities in Indian Country within California.”

Responsible official means one of the following:

1. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the representative is directly responsible for 

the overall operation of the permitted source.

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively.
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3. For a public agency: Either a principal executive officer or ranking elected official, such as a chief executive 

officer having responsibility for the overall operations of a principal geographic unit of the agency.

Re-verification test means a test or series of tests performed subsequent to the performance test on a CARB certified 

gasoline vapor recovery system to demonstrate compliance with the CARB Executive Order and District permit 

conditions.

Stage I or Phase I means the control of vapors during the transfer of gasoline from the cargo tank to the gasoline 

dispensing facility.

Stage II or Phase II means the control of vapors during the transfer of gasoline from the gasoline dispensing facility to 

the vehicle and storage of gasoline at the gasoline dispensing facility.

Submerged filling means the filling of a gasoline storage tank through a submerged fill pipe whose discharge is no more 

than 6 inches from the bottom of the tank. Bottom filling of a gasoline storage tank is covered under this submerged 

filling definition.

Ullage means the volume of a container not occupied by liquid. For example, the ullage of a tank designed primarily for 

containing liquid is the volume of the tank minus the volume of the liquid it contains.

Vapor balance system means a combination of pipes and hoses that create a closed system between the vapor spaces of 

an unloading gasoline cargo tank and a receiving storage tank such that vapors displaced from the storage tank are 

transferred to the gasoline cargo tank being unloaded.

Vapor recovery system means a system installed at a gasoline dispensing facility for collection and recovery of gasoline 

vapors displaced or emitted from the stationary storage tanks or mobile fuelers (Stage I) and during refueling of vehicle 

fuel tanks (Stage II). A Stage II vapor recovery system may be a balance system, which operates on the principle of vapor 

displacement, a vacuum-assisted system, which uses a mechanical vacuum-producing device to create a vacuum, or an 

aspirator-assist system, which uses an aspirator or educator to create a vacuum during gasoline dispensing to capture 

gasoline vapors.

Vapor tight means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be 

determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 

percent of the lower explosive limit when measured with a combustible gas detector, calibrated with propane, at a 

distance of 1 inch from the potential lead source.
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Attachment C: Stage I Vapor Recovery and Vapor Balance Systems

Each Stage I dual-point vapor balance system shall meet the following requirements:

1. Design criteria and management practices for each dual-point vapor balance system shall include, at a minimum, all 

of the following:

a. All vapor connections and lines on the storage tank(s) shall be equipped with closures that seal upon disconnect.

b. The vapor line from the gasoline storage tank to the gasoline cargo tank shall be vapor tight.

c. The vapor balance system shall be designed such that the pressure in the tank truck does not exceed 18 inches 

water pressure or 5.9 inches water vacuum during product transfer.

d. The vapor recovery and product adaptors, and the method of connection with the delivery elbow, shall be 

designed so as to prevent the over-tightening or loosening of fittings during normal delivery operations.

e. If a gauge well separate from the fill tube is used, it shall be provided with a submerged drop tube that extends 

no more than 6 inches from the bottom of the storage tank.

f. Liquid fill connections for all systems shall be equipped with vapor tight caps.

g. Pressure/vacuum (PV) vent valves shall be installed on the storage tank vent pipes. The pressure specifications 

for PV vent valves shall be: a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure 

setting of 6.0 to 10.0 inches of water. The total leak rate of all PV vent valves of an affected emissions unit, 

including connections, shall not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 

cubic foot per hour at a vacuum of 4 inches of water.

h. The vapor balance system shall be capable of meeting the static pressure performance requirement of the 

following equation: Pf = 2e -500.887/v, where: Pf = minimum allowable final pressure, inches of water, v = total 

ullage affected by the test, gallons, e = dimensionless constant equal to approximately 2.718, 2 = the initial 

pressure, inches of water.

2. Performance testing:

a. The permittee shall conduct performance testing to demonstrate compliance with the leak rate and cracking 

pressure requirements, specified in Condition 1.g of this attachment, for pressure-vacuum vent valves installed 

on gasoline storage tanks as follows:

i. According to a test plan submitted at least 30 days in advance of the test date to the reviewing 

authority; and

ii. Using CARB TP-201.1E – Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted 

October 8, 2003 (see 40 CFR 63.14).

b. The permittee shall conduct performance testing to demonstrate compliance with the static pressure 

performance requirement, specified in Condition 1.h of this attachment, for each vapor balance system by 

conducting a static pressure test on each gasoline storage tank as follows:

i. According to a test plan submitted at least 30 days in advance of the test date to the reviewing 

authority, and;

ii. Using CARB TP-201.3 – Determination of 2-inch WC Static Pressure Performance of Vapor Recovery 

Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999; or Bay Area Air 

Quality Management District ST-30 – Static Pressure Integrity Test- Underground Storage Tank, adopted 

November 30, 1983, and amended December 21, 1994 (see 40 CFR 63.14).
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Attachment D: CARB Phase II Enhanced Vapor Recovery System and In-Station 

Diagnostics System 

Each required Phase II Enhanced Vapor Recovery (EVR) System and In-Station Diagnostics (ISD) System shall meet the 

following requirements:

Design Criteria and Management Practices

1. The permittee shall ensure each EVR and ISD system meets the applicable design criteria as set forth in CARB CP-201

for Phase II EVR and ISD systems. The reviewing authority shall determine compliance with these criteria by the 

installation and use of CARB-certified equipment that meets the CARB CP-201 design criteria, as applicable to the 

chosen system. At a minimum:

a. The dispensing unit used to transfer the gasoline from the stationary storage tank must be equipped with a CARB

certified vapor recovery system that is capable of recovering or processing displaced gasoline vapors by at least 

95%, or having an emission factor not exceeding 0.38 pounds per 1,000 gallons; 

b. The Phase II EVR and ISD Systems and associated components shall be installed, maintained, tested, and operated 

according to the manufacturer’s specifications, and as specified in CARB VR-202-U, VR-204-S, or VR-208-A, as 

applicable to the chosen system, including the corresponding approved Installation, Operation and Maintenance 

(IOM) Manual. The Approval of the Request for Coverage specifies the system employed by the owner or operator 

to meet these criteria;

c. All equipment for constructing, repairing and replacing equipment parts in the Phase II EVR and ISD Systems shall 

be certified by CARB VR-202-U, VR-204-S, or VR-208-A, as applicable for the installed system; and

d. The system and associated components shall be maintained vapor tight and liquid tight at all times.

2. Access to the condensate trap shall be provided for purposes of the reviewing authority’s inspection.

3. An alarm system for liquid accumulation shall be installed and properly maintained for the condensate trap and 

liquid evacuating system. The alarm system shall be tested prior to start of operation and periodically according to 

the applicable IOM manual. In the event of an alarm, no gasoline shall be dispensed at the permitted source until 

the condensate trap has been properly evacuated.

4. Within two (2) hours of detecting the first ISD warning alarm by the ISD system, the attendant at the permitted 

source shall notify the responsible company official or their designee and request immediate service to correct the 

problem. All information relating to the alarm event and reporting shall be immediately recorded and shall be made 

available to the reviewing authority upon request. Only persons authorized by CARB VR-202-U, VR-204-S, or VR-208-

A shall be allowed to make vapor recovery or ISD system repairs.

5. There shall be no gasoline dispensing if the ISD system is shut off, tampered with, disconnected, or otherwise 

disabled.

Performance Testing

6. The permittee shall conduct performance testing on the Phase II EVR and ISD Systems to demonstrate compliance 

with the requirements of CARB CP-201 according to the procedures in the applicable verification procedures in CARB 

VR-202-U, VR-204-S, or VR-208, as applicable. The permittee shall conduct an initial performance test and 

subsequent tests every 3 years thereafter.