SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

February 26, 2009 449-1 

RULE 449 TRANSFER OF GASOLINE INTO VEHICLE FUEL TANKS 

Adopted 2-5-75

(Amended 9-15-75, 6-1-76, 8-3-77, 9-29-87, 12-17-91, 2-2-95, 4-3-97, 09-26-02, 02-26-09) 

INDEX 

100 GENERAL

101 PURPOSE 

102 APPLICABILITY 

110 EXEMPTION: DISPENSING EQUIPMENT FOR EMERGENCY MOTOR VEHICLES 

111 EXEMPTION: DISPENSING EQUIPMENT FOR IMPLEMENTS OF HUSBANDRY 

112 EXEMPTION: MAINTENANCE INSPECTION 

113 EXEMPTION: E85 

114 EXEMPTION: ONBOARD REFUELING VAPOR RECOVERY 

115 EXEMPTION: ICC CERTIFICATION 

200 DEFINITIONS 

201 BACKGROUND 

202 CARB 

203 CARB CERTIFIED 

204 DELIVERY VESSEL 

205 E85 

206 EMERGENCY 

207 EMERGENCY MOTOR VEHICLE 

208 EXECUTIVE ORDER 

 209 GASOLINE 

210 GASOLINE DISPENSING FACILITY 

211 HOLD-OPEN LATCHES 

212 INSTALLER/CONTRACTOR 

213 LEAK FREE 

214 MOBILE FUELER 

215 MOTOR VEHICLE 

216 ONBOARD REFUELING VAPOR RECOVERY (ORVR) 

217 OWNER/OPERATOR 

218 REBUILD/REBUILT 

219 RETAIL GASOLINE DISPENSING FACILITY 

220 SIX MONTH AVERAGE MONTHLY GASOLINE THROUGHPUT 

221 SUMMER FUEL 

222 TESTER 

223 TOPPING OFF 

224 VAPOR RECOVERY EQUIPMENT DEFECTS (VRED) LIST 

225 VAPOR TIGHT 

226 WINTER FUEL 

300 STANDARDS

301 VAPOR RECOVERY REQUIRED 

302 EQUIPMENT MAINTENANCE 

303 MAINTENANCE INSPECTION 

304 PROHIBITION OF USE 

305 POSTING OF OPERATING INSTRUCTIONS 

306 HOLD OPEN LATCHES 

307 PROHIBITION OF SALE 

308 ONBOARD REFUELING VAPOR RECOVERY 
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449-2 February 26, 2009 

400 ADMINISTRATIVE REQUIREMENTS 

401 TEST REQUIREMENTS FOR VAPOR RECOVERY SYSTEM 

402 CERTIFICATION 

403 OPERATION AND MAINTENANCE MANUAL 

404 NOTIFICATION OF TESTING 

500 MONITORING AND RECORDS

501 TESTING PROCEDURE 

502 RECORDKEEPING 

503 RECORDS FOR ORVR EXEMPTION 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

February 26, 2009 449-3 

100 GENERAL

101 PURPOSE: To limit the emission of gasoline vapor into the atmosphere when motor vehicle 

fuel tanks are filled. 

102 APPLICABILITY: The provisions of this rule shall apply to the transfer of gasoline from any 

stationary storage tank or delivery vessel into any motor vehicle fuel tank.

110 EXEMPTION, DISPENSING EQUIPMENT FOR EMERGENCY MOTOR VEHICLES: The 

provisions of this rule shall not apply to dispensing equipment that is used exclusively for the 

fueling of emergency motor vehicles while on location at an emergency. 

111 EXEMPTION, DISPENSING EQUIPMENT FOR IMPLEMENTS OF HUSBANDRY: The 

provisions of this rule shall not apply to dispensing equipment which is used primarily for the 

fueling of implements of husbandry as such vehicles are defined in Division 16 (Section 

36000 et seq) of the California Vehicle Code, if such container is equipped with a permanent 

submerged fill pipe. 

112 EXEMPTION, MAINTENANCE INSPECTION: The maintenance inspection requirements in 

Section 303 shall not be required on Saturdays, Sundays, and holidays for gasoline 

dispensing facilities with a six month average monthly gasoline throughput of less than 

100,000 gallons. 

113 EXEMPTION, E85: The requirements of this rule shall not apply to the dispensing of E85 into 

a vehicle fuel tank until CARB certifies Phase II vapor recovery systems for the dispensing of 

E85. 

114 EXEMPTION, ONBOARD REFUELING VAPOR RECOVERY: Except for Sections 308 and 

503, the requirements of this rule shall not apply to non-retail gasoline dispensing facilities 

where 100 percent of the vehicles being refueled are equipped with onboard refueling vapor 

recovery (ORVR) systems. 

115 EXEMPTION, ICC CERTIFICATION: The requirements of Section 402 shall not apply to the 

owner/operator of a gasoline dispensing facility or his/her direct employee(s) when replacing 

any defective nozzles, hoses and breakaways with new or CARB certified re-manufactured 

components of the same make and model, or alternatives specifically identified in the latest 

applicable CARB Executive Order. 

200 DEFINITIONS

201 BACKGROUND: A reading as methane on a portable hydrocarbon detection instrument 

which is determined at least three (3) meters upwind from the affected device to be inspected 

and uninfluenced by any specific emission point. 

202 CARB: The California Air Resources Board. 

203 CARB CERTIFIED: A Phase I or Phase II vapor recovery system, equipment, or any 

component thereof, for which CARB has evaluated its performance and issued a valid 

Executive Order pursuant to Health and Safety Code Section 41954. Each component of a 

system is a separate CARB certified item and cannot be replaced with a non-certified item or 

other items that are not certified for use with the particular system. Except for qualified 

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

rebuilt component shall not be deemed as CARB certified unless the person who rebuilds the 

component is authorized by CARB to rebuild the designated CARB certified component. 

204 DELIVERY VESSEL: Any motor vehicle, trailer, or rail car used for the transportation of 

gasoline. 
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449-4 February 26, 2009 

205 E85: Any alternative vehicle fuel with a nominal 85 percent ethanol composition, having a 

Reid vapor pressure of 4 pounds per square inch or greater and meeting the specifications of 

Title 13 CCR Section 2292.4. 

206 EMERGENCY: An unforeseen combination of circumstances that calls for immediate action 

to prevent further injury, loss of life or damage to property. 

207 EMERGENCY MOTOR VEHICLE: A motor vehicle used for fire fighting purposes. 

208 EXECUTIVE ORDER: A document issued by CARB pursuant to Health and Safety Code 

Section 41954 certifying that a specific vapor recovery system meets the applicable 

performance specifications and setting conditions for the certification. 

209 GASOLINE: Any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor 

pressure of 4 pounds per square inch absolute or greater as determined by a method 

specified in Section 501.1 

210 GASOLINE DISPENSING FACILITY: A mobile fueler or a stationary source consisting of 

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

gasoline to motor vehicle fuel tanks. 

211 HOLD-OPEN LATCHES: A hold-open latch is any device permanently attached to a gasoline 

dispensing nozzle for the purpose of providing a continuous flow of gasoline after the 

operator has started the flow, without the operator's continued assistance. 

212 INSTALLER/CONTRACTOR: A person(s) engaged in the installation, alteration, repair, or 

replacement of a vapor recovery system or its components at a gasoline dispensing facility. 

213 LEAK FREE: A liquid leak of less than three drops per minute. 

214 MOBILE FUELER: Any gasoline delivery vessel with an attached container that is used to 

transport and dispense gasoline from an onboard storage container into any motor vehicle 

fuel tank. 

215 MOTOR VEHICLE: Any vehicle which is self-propelled as defined in Section 415 of the 

California Vehicle Code. 

216 ONBOARD REFUELING VAPOR RECOVERY (ORVR): A vehicle-based vapor recovery 

system required by California Code of Regulations, Title 13, Section 1978, or Title 40, Code 

of Federal Regulations, Part 86. 

217 OWNER/OPERATOR: Any person who owns, leases, or operates a gasoline dispensing 

facility. 

218 REBUILD/REBUILT: Repairs, replacements, or reconstructions to 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. 

219 RETAIL GASOLINE DISPENSING FACILITY: A gasoline dispensing facility subject to 

payment of California sales tax on gasoline sales. 

220 SIX MONTH AVERAGE MONTHLY GASOLINE THROUGHPUT: The sum of a gasoline 

dispensing facility’s total gasoline throughput for six months divided by six. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

February 26, 2009 449-5 

221 SUMMER FUEL: Gasoline that is required to comply with the requirements of Title 13 CCR, 

Section 2262.4. 

222 TESTER: Any person(s) who conducts performance or reverification test as required by this 

Rule or by a CARB Executive Order. 

223 TOPPING OFF: An attempt by a person filling up a motor vehicle to dispense gasoline after 

the dispensing nozzle primary shut-off mechanism has engaged. The filling of a motor vehicle 

tank that, because of the configuration of the fill pipe, causes premature activation of the 

primary shutoff mechanism shall not be considered topping off. 

224 VAPOR RECOVERY EQUIPMENT DEFECTS (VRED) LIST: A list of defects CARB has 

identified as substantially impairing the efficiency of the vapor recovery system, incorporated 

by reference in Title 17 CCR Section 94006, pursuant to California Health & Safety Code 

Section 41960.2(c). 

225 VAPOR TIGHT: A condition under which the concentration of total organic compounds does 

not exceed 10,000 ppmv (expressed as methane) above background, as determined 

pursuant to Section 501.2. 

226 WINTER FUEL: Gasoline that is not required to comply with the regulations that are 

applicable to summer fuel. 

300 STANDARDS 

301 VAPOR RECOVERY REQUIRED: A person shall not transfer, or permit the transfer of, 

gasoline from a stationary storage container with a capacity of 250 gallons or more, or mobile 

fueler with a capacity of 120 gallons or more, into any motor vehicle fuel tank with a capacity 

of 5 gallons or more unless the displaced gasoline vapors are processed by a CARB certified 

vapor recovery system. The vapor recovery system shall have: 

301.1 For summer fuel, a gasoline vapor control efficiency of at least 95% by weight and a 

mass emission factor not exceeding 0.38 pounds of gasoline vapors per 1,000 

gallons of gasoline dispensed; and 

301.2 For winter fuel, a gasoline vapor control efficiency of at least 95% by weight or a 

mass emission factor not exceeding 0.38 pounds of gasoline vapors per 1,000 

gallons of gasoline dispensed. 

302 EQUIPMENT MAINTENANCE: A person shall not transfer, or permit the transfer, or provide 

equipment for the transfer, of gasoline from a stationary storage container or mobile fueler 

subject to the provisions of Section 301 into any motor vehicle fuel tank of 5 gallons or more 

capacity unless: 

302.1 The vapor recovery system is operating in accordance with the applicable CARB 

Executive Orders, the manufacturer's specifications, and is maintained to be leak 

free, vapor tight, and in good working order; and 

302.2 The equipment is operated and maintained without any of the applicable defects 

listed in the VRED List. 

303 MAINTENANCE INSPECTION: 

303.1 Maintenance inspections, except as provided in Section 112, shall be conducted for 

each day the vapor recovery system is operated to ensure that vapor recovery 

system components that are verifiable through direct measurement or observation 

are in proper working order. 

303.2 Any equipment with a major defect listed in the VRED List shall be removed from 

service and tagged to ensure that it is not used until it is repaired and brought into 

compliance before being returned to service. The owner or operator of a vapor 

recovery system shall insure that the removal from service of one component of a 

vapor recovery system with multiple components will not result in gasoline liquid or 

vapors entering the atmosphere. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

449-6 February 26, 2009 

303.3 Defects discovered during the maintenance inspection and repaired in accordance 

with Title 17, Division 3, Subchapter 7.5, Chapter 1, Section 93101 of California 

Code of Regulations such that after repair gasoline liquid or vapors do not enter the 

atmosphere shall not constitute a violation of Rule 449. 

304 PROHIBITION OF USE: Whenever a Phase II vapor recovery system, or any component 

thereof, contains a defect listed in the VRED List, the operator shall mark such system or 

component "Out of Order". No person shall use or permit the use of such marked component 

or system until it has been repaired, replaced, or adjusted, as required to permit proper 

operation, and the Air Pollution Control Officer has reinspected it or has authorized its use 

pending reinspection. 

305 POSTING OF OPERATING INSTRUCTIONS: The operator of each retail facility utilizing a 

Phase II system shall conspicuously post in the gasoline dispensing area operating 

instructions for the system and the Sacramento Metropolitan Air Quality Management 

District's or CARB’s telephone number for complaints. The instructions shall clearly describe 

how to fuel motor vehicles correctly with vapor recovery nozzles utilized at the station, and 

shall include a warning that topping off may result in spillage or recirculation of gasoline and 

therefore is prohibited. 

306 HOLD OPEN LATCHES: All gasoline dispensing nozzles subject to Section 301 shall be 

equipped with hold open latches unless the usage of the hold open latch is prohibited by the 

local fire Marshall. 

307 PROHIBITION OF SALE: A person shall not supply, offer for sale, sell, install or allow the 

installation of any new or rebuilt vapor recovery system or any of its components, unless the 

system and component are CARB certified. Each vapor recovery system and its components 

shall be clearly and permanently marked with the qualified manufacturer’s name and model 

number as certified by CARB. In addition, any qualified manufacturer who rebuilds a 

component shall also clearly and permanently mark the corresponding information on the 

component. 

308 ONBOARD REFUELING VAPOR RECOVERY: The owner or operator of a non-retail 

gasoline dispensing facility claiming exemption pursuant to Section 114 shall submit an 

application pursuant to Rule 201- GENERAL PERMIT REQUIREMENTS for an Authority to 

Construct and Permit to Operate the gasoline dispensing facility and agree to comply with the 

following conditions: 

308.1 No fuel shall be dispensed into a vehicle that is not owned or under direct control of 

the owner/operator, except for a vehicle being used in an emergency; 

308.2 No fuel shall be dispensed into a vehicle not equipped with an ORVR system, except 

for a vehicle being used in an emergency. 

308.3 The gasoline dispensing facility shall use nozzles that are part of a CARB certified 

vapor recovery system, except that the vapor return line shall be sealed off. 

400 ADMINISTRATIVE REQUIREMENTS 

401 TEST REQUIREMENTS FOR VAPOR RECOVERY SYSTEM: The following 

requirements are to verify the proper operation of a vapor recovery system. 

401.1 Required Tests: Unless otherwise specified in the relevant CARB Executive Orders, 

performance and reverification tests shall include the following, as applicable, 

according to the test methods specified in Section 501 of this rule: 

a. Static Pressure (Leak Decay) Test 

b. Air-to-Liquid (A/L) ratio test 

c. Dynamic Back Pressure Test, and 

d. Liquid Removal Test for balance systems with liquid removal device 

required by the CARB Executive Orders if more than 100mL of liquid is 

found in the vapor path. This shall be determined by lowering the gasoline 

dispensing nozzle into a container and draining all liquid, then measuring the 

amount of liquid using a graduated cylinder or graduated beaker. 
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February 26, 2009 449-7 

401.2 Initial Tests: Within 30 calendar days of completion of construction or modification 

of any vapor recovery system, the owner or operator shall conduct and pass all 

applicable performance tests. 

401.3 Testing Frequency: The owner/operator of a gasoline dispensing facility shall 

perform and pass all applicable reverification tests annually, or more frequently as 

required by the applicable CARB Executive Order. 

a. Gasoline dispensing facilities shall conduct and pass reverification tests 

within 30 days of the end of each required period following the most recent 

successful test. 

b. If CARB-certified in-station diagnostics are used, the Air Pollution Control 

Officer may change the required frequency of reverification testing to no less 

than once every two years if allowed by the applicable CARB Executive 

Orders. 

402 CERTIFICATION: 

402.1 Effective May 26, 2009, installers/contractors shall not install, alter, repair or replace 

a vapor recovery system unless they meet all of the following requirements: 

a. Be certified by the International Code Council (ICC) for Vapor Recovery 

System Installation and Repair, and, if required, be certified by the system 

manufacturer. 

b. Maintain valid certifications as required in paragraph (a). 

c. Have and make available on site proof of any and all certifications required 

by this Rule, the Executive Order and the Installation, Operation and 

Maintenance Manual in order to install or maintain specific systems. 

402.2 Testers shall not test a vapor recovery system unless they meet all of the following 

requirements: 

a. Effective 3 months after a certification test is available, be certified by the 

International Code Council (ICC) for Vapor Recovery System Testing and 

Repair. 

b. If required by the Executive Order, be certified by the system manufacturer. 

c. Maintain valid certifications as required in paragraph (a) and (b). 

d. Have and make available on site proof of any and all certifications required 

by this Rule, the Executive Order and the Installation, Operation and 

Maintenance Manual in order to test specific systems. 

403 OPERATION AND MAINTENANCE MANUAL: The owner/operator of a vapor recovery 

system shall have available an operation and maintenance manual. The manual shall be 

kept on-site and made available to any person who operates, inspects, maintains, repairs, or 

tests the vapor recovery equipment as well as the Air Pollution Control Officer upon request. 

The manual shall, at a minimum, include the following current information: 

403.1 All applicable CARB Executive Orders and associated Installation, Operation and 

Maintenance Manuals, Approval Letters, and District permits, 

403.2 Manufacturer’s manual(s) for all installation, operation and maintenance procedures 

as required to be provided by CARB CP-201 and CP-206 and any additional 

instruction provided by the manufacturer, 

403.3 System and/or component testing requirements, including test schedules and 

passing criteria for each of the standard tests listed in Section 401, and 

403.4 Protocol for performing daily maintenance inspections, including the components to 

be inspected and the defects requiring repair. 

404 NOTIFICATION OF TESTING: At least 7 days prior to performance or reverification testing, 

the owner or operator shall notify the Air Pollution Control Officer of the exact date and time 

of the test. If the vapor recovery system fails any of the applicable tests and the necessary 

repairs are performed that same day, the owner or operator may retest the vapor recovery 

system on the same day without re-notification, provided that the reasons for the test failure 

and any repairs performed are properly documented in the test reports and repair records. 
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449-8 February 26, 2009 

500 MONITORING AND RECORDS 

501 TESTING PROCEDURE: The performance and reverification tests shall be conducted in 

accordance with the following test methods. All test methods referenced in this section shall 

be the most recent version approved by the U.S. Environmental Protection Agency, CARB, 

and the Air Pollution Control Officer or as stated in the applicable Executive Orders. 

501.1 Vapor pressures shall be determined by ASTM D2879-97(2007), ASTM D323-06, or 

ASTM D5191-07. 

501.2 Vapor tightness shall be determined using EPA Reference Method 21. 

501.3 The static pressure (leak decay) test shall be performed according to the Bay Area 

Air Quality Management District Manual of Procedures, Source Test Procedure ST30 or CARB TP-201.3, TP-201.3B, or TP-206.3, as applicable. 

501.4 The dynamic back pressure test shall be performed according to the Bay Area Air 

Quality Management District Manual of Procedures, Source Test Procedure ST-27, 

or CARB TP-201.4 

501.5 The air-to-liquid volume ratio of a Phase II vapor recovery system shall be 

determined by CARB TP-201.5. 

501.6 The liquid removal rate of a Phase II vapor recovery system shall be determined by 

the Bay Area Air Quality Management District Manual of Procedures, Source Test 

Procedure ST-37, or CARB TP-201.6. 

501.7 Only calibrated equipment meeting the calibration range and intervals specified by 

CARB and the equipment manufacturer shall be used to conduct any performance or 

reverification test. 

501.8 Those vapor recovery systems whose CARB Executive Orders specify different tests 

to be performed instead of, or in addition to, the referenced test methods, or which, 

by their design, preclude the use of the referenced test methods, shall be tested in 

accordance with the test procedures specified in the applicable CARB Executive 

Orders or their equivalents as approved by the APCO and EPA. 

501.9 MULTIPLE TEST METHODS: When more than one test method or set of test 

methods is specified for any testing, a violation of any requirement of this rule 

established by any one of the specified test methods or set of test methods shall 

constitute a violation of this rule. 

502 RECORDKEEPING: A person subject to this rule shall maintain the following records on-site 

and make them available for review by the Air Pollution Control Officer immediately upon 

request. 

502.1 Results of the tests specified in Section 401 shall be delivered to the Air Pollution 

Control Officer within thirty (30) days of the completion of the test. The test results 

shall contain the following information: 

a. Name, location, address, and telephone number of the facility tested, and 

Sacramento Metropolitan Air Quality Management District permit number 

b. Name, address and phone number of the person or company performing the 

test 

c. Date of the test 

d. Test data 

e. Number of nozzles tested 

f. Number of tanks tested 

g. Statement of pass or fail 

502.2 Daily maintenance inspection reports shall include at least the following: 

a. Date and time of inspection 

b. List of defects from the VRED List that are applicable to the vapor recovery 

equipment and have a verification procedure of “direct observation” or 

“direct measurement” 

c. Notation by person performing inspection whether each defect is present 

d. Description of any defects discovered 

e. Action taken upon discovery of a defect 

f. Name and signature of person performing inspection 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

February 26, 2009 449-9 

502.3 The following records must be retained by the owner or operator for a period not less 

than 3 years (5 years for sources subject to the requirements of Rule 207, Title V -

Federal Operating Permit Program): 

a. Maintenance records for the vapor recovery system 

b. Repair records for the vapor recovery system 

c. Daily maintenance inspection reports 

d. Performance test results 

e. Reverification of performance test results 

f. Monthly gasoline throughput 

503 RECORDS FOR ORVR EXEMPTION: The owner or operator of a non-retail gasoline 

dispensing facility claiming exemption pursuant to Section 114 shall maintain the following 

records on site and make them available to the Air Pollution Control Officer immediately 

upon request: 

503.1. Records of the date and quantity of fuel dispensed, by vehicle. 

503.2. Records of the make, model, model year, and vehicle identification number of all 

vehicles refueled at the gasoline dispensing facility. 
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449-10 February 26, 2009 

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