4/09 RULE 70: 1 

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT 

RULE 70 - STORAGE AND TRANSFER OF GASOLINE 

(Adopted 6/25/74, Revised 9/16/75, 4/13/76, 7/6/76, 3/8/77, 6/14/77, 3/27/79, 12/2/80, 7/5/83, 

11/29/88, 5/4/93, 5/9/95, 5/13/97, 11/14/00, 11/11/03 effective 7/1/04, 3/10/09 effective 4/1/09) 

A. Applicability 

The provisions of this rule shall apply to the storage and transfer of gasoline. The storage 

of gasoline in containers with more than 40,000 gallons capacity shall also be regulated 

by the provisions of Rule 71.2, Storage of Reactive Organic Compound Liquids. 

B. Requirements - Gasoline Storage Containers 

1. No person shall transfer or permit the transfer of gasoline into any storage 

container with 250 gallons or more capacity unless a permanently installed 

submerged fill pipe with a connection that is free of leaks, is used. 

2. No person shall transfer or permit the transfer of gasoline from a gasoline delivery 

vessel into any storage container with 250 gallons or more capacity unless a 

permanently installed California Air Resources Board (CARB) certified Phase I 

vapor recovery system, which prevents 95 percent of the displaced vapors from 

being released into the atmosphere, is used. 

3. All vapor and liquid pipes, hoses, and lines extending from an underground 

gasoline storage container to a gasoline dispenser shall be gravity drained into the 

underground container or to another container. 

4. No person shall install a coaxial Phase I vapor recovery system unless the system 

was certified by CARB after January 1, 1994. 

5. No person shall install a Phase I vapor recovery system, unless the system is 

equipped with CARB certified poppetted drybreaks or spring-loaded vapor check 

valves on the vapor return coupler of the system. 

6. All open vent pipes on gasoline storage container(s) with more than 250 gallons 

capacity shall be equipped with a CARB certified pressure-vacuum relief valve. 

Unless otherwise specified in the applicable CARB executive order, pressure 

relief shall be set at 3.0 + 0.5 inches water column and vacuum relief shall be set 

at 8.0 + 2.0 inches water column. Vent pipes may be manifolded, pursuant to the 

applicable CARB executive order, to a single pressure-vacuum relief valve. 

Pressure-vacuum relief valve(s) shall be properly installed and maintained in good 

operating order. 
4/09 RULE 70: 2 

7. Prior to performing any major modification to a gasoline dispensing facility, a 

Permit to Operate shall be obtained from the District. 

8. No person shall perform or permit the "pump-out" (bulk transfer) of gasoline from 

a storage container subject to this rule unless: 

a. The bulk transfer is performed using a vapor collection and transfer system 

capable of returning the displaced vapors to the stationary storage 

container, or 

b. The storage container will be removed or filled with water for testing. 

9. No person shall transfer or permit the transfer of gasoline from any storage 

container with 250 gallons or more capacity into any motor vehicle fuel container 

with more than 5 gallons capacity unless a permanently installed CARB-certified 

Phase II vapor recovery system, which prevents 95 percent of the displaced vapors 

from being released into the atmosphere is used. 

10. No person shall: 

a. Install any balance system vapor recovery nozzle unless a vapor check 

valve is located in the nozzle, and 

b. Allow the operation of a balance system with more than one check valve 

per nozzle and hose assembly. 

11. If flexible tubing is used for the connection between the riser and dispenser 

cabinet connection, the material shall be listed by the Underwriters' Laboratory for 

use with gasoline and shall be capable of maintaining electrical continuity 

between the riser and dispenser. 

12. No person shall sell, offer for sale, allow the operation of, or install a bellowsequipped vapor recovery nozzle unless it is equipped with an insertion interlock 

mechanism. 

13. Any gasoline dispensing nozzle equipped with a vapor recovery system shall be 

equipped with a coaxial hose. 

14. Liquid removal devices required by CARB executive orders shall be maintained 

to achieve a minimum liquid removal rate of five milliliters per gallon transferred. 

This standard shall apply at dispensing rates exceeding five gallons per minute, 

unless a higher removal rate is specified by the CARB executive order. 

15. An owner/operator of any gasoline dispensing facility shall conspicuously post the 

following signs in the immediate gasoline dispensing area: 
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a. "NOZZLE" operating instructions. 

b. "VCAPCD" toll-free telephone number. 

c. A warning sign stating "DO NOT TOP OFF TANKS" 

d. Required signs shall comply with one of the following: 

(1) Decal signs shall be readable from a distance of 3 feet or more and 

shall be located adjacent to the dispenser price indicator (per 

gallon) on each side next to the driveway it serves. 

(2) Pump toppers shall be double-back with one sign per island and 

shall be readable from a distance of 6 feet or more. 

(3) Permanent (non-decal) signs shall be two single-sided or one 

double-sided sign(s) per two (2) dispensers and shall be readable 

from a distance of 6 feet or more. 

e. A dispenser that is never used to fuel motor vehicles shall have a sign 

posted on it restricting its use for vehicles. 

16. No person shall offer for sale, sell, or install any new or rebuilt vapor recover 

equipment unless the equipment is clearly identified or marked by the certified 

manufacturing company and/or the certified rebuilding company as per CARB 

specifications. 

17. Standing gasoline in Phase I spill containment devices is prohibited. 

18. The hanging hardware on Phase II vapor recovery systems, which includes, but is 

not limited to, coaxial hose, nozzles, retractors and hose castings, shall be 

inspected daily. 

C. Requirements - Gasoline Bulk Plants and Gasoline Terminals 

1. No person shall transfer or permit the transfer of gasoline into a gasoline delivery 

vessel at a gasoline bulk plant unless a permanently installed and properly 

connected CARB certified vapor recovery system is used. This vapor recovery 

system shall prevent 90 percent of the displaced vapors from being released into 

the atmosphere. This vapor recovery system shall have a maximum emissions 

factor of 0.84 lbs of hydrocarbon emitted per 1000 gallons of throughput. 

2. No person shall transfer or permit the transfer of gasoline into a gasoline delivery 

vessel at a gasoline terminal unless a permanently installed and properly 

connected CARB-certified vapor collection and processing system is used. This 
4/09 RULE 70: 4 

collection and processing system shall limit the ROC emissions to 0.08 pounds 

per 1000 gallons of gasoline loaded. Gasoline delivery vessels at gasoline 

terminals shall be bottom loaded only. The vapor processing portion of the vapor 

collection and processing system at gasoline terminals shall consist of one of the 

following: 

a. An adsorption system, incineration system or condensation system. 

b. A vapor handling system that directs all vapors to a fuel gas system. 

c. Other equipment, approved in writing by the Air Pollution Control Officer 

(APCO), which has been demonstrated to limit the ROC emissions to 0.08 

pounds per 1000 gallons of gasoline loaded as determined by CARB Test 

Method TP 203.1. 

3. No person shall switch load at a gasoline bulk plant or at a gasoline terminal 

unless such transfer is made using a permanently installed CARB-certified vapor 

recovery system as required by Subsection C.1 or Subsection C.2 of this rule. 

D. Requirements - Gasoline Delivery Vessels 

1. No person shall unload gasoline from a gasoline delivery vessel to a storage 

container that is equipped with a Phase I vapor recovery system required by 

Subsection B.2 of this rule unless the gasoline delivery vessel is permanently 

equipped with a vapor recovery system that has been certified by CARB pursuant 

to State Health and Safety Code Section 41962. This certification must be 

verified annually by the State Board. 

2. No person shall load gasoline into a gasoline delivery vessel at a gasoline bulk 

plant or terminal equipped with a vapor recovery system required by Subsection 

C.1 or Subsection C.2 of this rule unless the delivery vessel is permanently 

equipped with a vapor recovery system that has been certified by CARB pursuant 

to State Health and Safety Code Section 41962. This certification must be 

verified annually by the State Board. 

3. No person shall open the hatch on any gasoline delivery vessel for visual 

inspection, unless: 

a. The duration that the hatch is open for the visual inspection is no more 

than three minutes; 

b. Gasoline transfer or pumping has been stopped for at least 3 minutes prior 

to opening; and 

c. The hatch is closed before gasoline transfer or pumping is resumed. 
4/09 RULE 70: 5 

E. Operation and Maintenance Requirements 

1. Any vapor recovery system or other equipment installed pursuant to any provision 

of this rule shall be maintained and operated in the same manner as when certified 

by CARB. All vapor recovery equipment shall be maintained in good working 

order and shall not leak. 

2. Phase II vapor recovery systems shall be maintained and operated with none of the 

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

Chapter 1, Part III, of Title 17, adopted 9/15/08. 

3. No person shall operate, or allow the operation of, a gasoline delivery vessel 

required to have a vapor recovery system by Subsections D.1 or D.2 of this rule, 

unless: 

a. The vapor recovery system is installed and maintained in compliance with 

the CARB requirements for certification, and 

b. A State of California decal is displayed attesting to the vapor integrity of 

the vessel per California Health and Safety Code Section 41962, and 

c. The pressure-vacuum relief valve is installed and set at 90 percent of the 

maximum, safe pressure and vacuum ratings of the vessel. 

4. Any equipment that is not operating in compliance with this rule shall be tagged 

"Out of Order." Except during repair activity, that tag shall not be removed and 

the tagged equipment shall not be used, permitted to be used, or provided for use 

unless the tagged equipment has been fixed or replaced. 

5. Any person storing or transferring gasoline shall follow good operating practices 

including but not limited to: preventing gasoline spills and leaks, storing gasoline 

in closed containers, and disposing of gasoline in compliance with all state and 

local regulations. 

F. Exemptions 

1. This rule shall not apply to gasoline storage containers used exclusively for wind 

machines in agricultural operations. 

2. Subsections B.2, B.6, B.7, B.8, and B.9 of this rule shall not apply to gasoline 

storage containers with a capacity of less than 550 gallons that are located at nonretail service stations. 

3. The requirement for Phase I vapor recovery in Subsection B.2, as well as the 

testing requirements in Section H shall not apply to: 
4/09 RULE 70: 6 

a. Any gasoline storage container used exclusively for agricultural 

operations, less than or equal to 1500 gallons capacity, and located at a 

facility with a gasoline throughput that has not exceeded 10,000 gallons on 

a thirty day rolling average. 

b. Stationary sources that have not exceeded a gasoline throughput of 6000 

gallons per year. 

c. Mobile refuelers 

4. The requirement for Phase II vapor recovery in Subsection B.9, as well as the 

testing requirements in Section H shall not apply to: 

a. Equipment used exclusively for the transfer or storage of gasoline for 

equipment other than motor vehicles. 

b. Stationary sources that have not exceeded a gasoline throughput of 24,000 

gallons per year and have not exceeded a gasoline throughput of 10,000 

gallons on a thirty day rolling average. 

c. Mobile Refuelers. 

5. Subsections C.1 and C.3 shall not apply to gasoline bulk plants where the average 

daily gasoline throughput has not exceeded 4,000 gallons on a thirty day rolling 

average and the gasoline throughput has not exceeded 200,000 gallons on a twelve 

month rolling average. 

6. Subsections C.1 and C.3 shall not apply to gasoline bulk plants that load 

exclusively to gasoline delivery vessels that service only storage containers that 

are not required to be equipped with Phase I vapor recovery systems. 

7. Section H, Testing Requirements and Test Methods, shall not apply to any 

gasoline dispensing facility located on San Nicolas Island or Anacapa Island. 

8. The requirement for Phase II vapor recovery in Subsection B.9, as well as the 

applicable testing requirements in Section H, shall not apply to any gasoline 

storage container with 250 gallons or more capacity that is used to fuel a motor 

vehicle fleet where no less than 95 percent of the motor vehicles fueled are 

equipped with Onboard Refueling Vapor Recovery (ORVR) systems. To qualify, 

the gasoline storage container must be owned by the vehicle fleet operator. This 

exemption shall not apply to facilities required under state law to have Phase II 

vapor recovery. 
4/09 RULE 70: 7 

9. The requirement for Phase II vapor recovery in Subsection B.9, as well as the 

applicable testing requirements in Section H, shall not apply to any storage 

container with 250 gallons or more capacity that is used to distribute E85 fuel. 

G. Recordkeeping Requirements 

1. Any person claiming an exemption from the provisions of this rule based on 

gasoline throughput shall keep the following records to substantiate the 

exemption: 

a. Name, address, type of facility, and permit number (if applicable); and 

b. For an exemption from the provisions of Subsection B.2 of this rule, based 

on the provisions of Subsection F.3.a of this rule, records showing gallons 

of gasoline loaded for each gasoline delivery; or 

c. For an exemption from the provisions of Subsection B.2 of this rule, based 

on the provisions of Subsection F.3.b of this rule, monthly gasoline 

throughput; or 

d. For an exemption from the provisions of Subsections B.9, C.1 or C.3 of 

this rule, based on the provisions of Subsections F.4.b or F.5 of this rule, 

daily gasoline throughput. 

2. Any person claiming an exemption from provisions of this rule based on container 

size, shall, upon the request of the APCO: 

a. Provide records documenting the container size at the time of purchase 

and installation, or 

b. Conduct measurements to verify the volume of the container. 

3. Any person claiming an exemption from the provisions of Subsection B.9 of this 

rule, based on the provisions of Subsection F.8 of this rule, shall keep the 

following records to substantiate the exemption: 

a. Name, address, type of facility, and permit number (if applicable); and 

b. Records showing the make, model year, vehicle identification number, and 

license plate number (if available) of each motor vehicle fueled from the 

applicable gasoline storage tank and a statement certifying that an ORVR 

system is in place and functional on each vehicle. 

4. Reports and records of testing conducted pursuant to Section H shall be 

maintained. These documents shall be dated and shall contain names, addresses, 
4/09 RULE 70: 8 

and telephone numbers of the parties responsible for the system installation and/or 

testing. 

5. A record of all maintenance conducted on any part of the vapor recovery system 

shall be maintained in chronological order showing dates, description and location 

of any equipment replaced, and a description of the system problem that required 

repair. The log shall also indicate the time period and duration of each 

malfunction of the system. 

6. Records of daily inspections required in Subsection B.18 shall be maintained. 

Records shall include the date and time of the inspection, the equipment 

inspected, and the signature of the person conducting the inspection. 

7. Records shall be made available to the Air Pollution Control Officer upon request 

and shall be a maintained for a period of two years. 

H. Testing Requirements and Test Methods 

1. Except as provided in Subsection H.8, all Phase II vapor recovery systems shall 

demonstrate static pressure performance in accordance with the performance 

specifications shown in CARB Test Procedure 201.3 or 201.3b, as applicable, 

using CARB Test Procedure 201.3 for underground containers or CARB Test 

Procedure 201.3b for aboveground containers, in accordance with the following 

schedule: 

a. Within 45 days of (1) commencing operations at a new facility or (2) 

completing any major modification, and 

b. For a facility that has exceeded a gasoline throughput of greater than or 

equal to 100,000 gallons per year, annually thereafter. 

c. For a facility that has not exceeded a gasoline throughput of 100,000 

gallons per year: 

 1) Annually at any facility equipped with a vacuum-assist Phase II 

vapor recovery system or 

 2) At least once every two years at any facility equipped with a 

balance Phase II vapor recovery system.

 CARB Test Procedure 201.3 shall not be required for any vapor recovery system 

required by a CARB executive order to use a different test method to demonstrate 

static pressure integrity. 

2. Except as provided in Subsection H.8, compliance with the dynamic pressure 
4/09 RULE 70: 9 

performance standard of Phase II vapor recovery systems designated on the 

system's CARB executive order shall be determined using CARB Test Procedure 

201.4 in accordance with the following schedule: 

a. Within 45 days of (1) commencing operations at a new facility or (2) 

completing any major modification, and 

b. For a facility that has exceeded a gasoline throughput of greater than or 

equal to 100,000 gallons per year, annually thereafter. 

c. For a facility that has not exceeded a gasoline throughput of 100,000 

gallons per year, at least once every four years thereafter. 

 The system back pressure limits shown in CARB TP 201.4 shall be replaced by 

those shown on the applicable CARB executive order. CARB Test Procedure 

201.4 shall not be required for any vapor recovery system required by a CARB 

executive order to use a different test method to demonstrate dynamic pressure 

performance. 

 Dynamic pressure performance testing shall not be required for any aboveground 

gasoline storage container that (1) has a dispenser mounted directly to the 

container and (2) is equipped with a Phase II vapor recovery system that does not 

have a liquid trap at any location in the vapor path between the gasoline nozzle 

and the storage container vapor head space during gasoline dispensing. The 

APCO may require documents or engineering drawings verifying exemption from 

this testing requirement. 

3. Compliance with the liquid removal rate requirement in Subsection B.14 shall be 

determined using CARB Test Procedure 201.6 in accordance with the following 

schedule: 

a. Within 45 days of (1) commencing operations at a new facility or (2) 

completing any major modification, and 

b. For a facility that has exceeded a gasoline throughput of greater than or 

equal to 100,000 gallons per year, annually thereafter. 

c. For a facility that has not exceeded a gasoline throughput of 100,000 

gallons per year, at least once every four years thereafter. 

4. The efficiency of Phase I vapor recovery systems shall be determined using 

CARB Test Procedure 201.1 or 201.1.a, as applicable. 

5. The control efficiency of vapor recovery systems at gasoline bulk plants, as 

specified in Subsection C.1, shall be determined using CARB Test Method TP-
4/09 RULE 70: 10 

202.1, "Determination of Emission Factors of Vapor Recovery Systems of Bulk 

Plants." 

6. The efficiency of vapor collection and processing systems at gasoline terminals, as 

specified in Subsection C.2, shall be determined using CARB Test Method TP203.1, "Determination of Emission Factors of Vapor Recovery Systems of 

Terminals." 

7. Except as provided in Subsection H.8, compliance with the air-to-liquid volume 

ratio performance requirement designated on a CARB executive order shall be 

demonstrated for all vacuum assist nozzles using the test procedure specified in 

the executive order in accordance with the following schedule: 

a. Within 45 days of (1) commencing operations or (2) completing any major 

modification, and 

 

b. Annually thereafter. 

8. A testing frequency required in a CARB executive order shall preempt the testing 

frequency required in any of Subsections H.1.b, H.1.c, H.2.b, H.2.C, H.3.b, H.3.c, 

or H.7.b, above, provided the CARB executive order requires more frequent 

testing and specifies a test method corresponding to that required in the applicable 

subsection preempted. 

9. Tests not specified in this section but specified in the applicable CARB executive 

order shall be performed as specified in the applicable CARB executive order. 

 10. The results of any test required by either this rule or a CARB executive order shall 

be delivered by the permittee to the District, in final written report format, no later 

than 14 days after completion of the subject testing. 

I. Violations 

Failure to comply with any provision of this rule shall constitute a violation of this rule. 

J. Definitions 

1. "Appropriate Analyzer": A hydrocarbon analyzer that meets the requirements of 

EPA Reference Method 21 and is calibrated with methane. 

2. "Balance System": A Phase II (Stage II) vapor recovery system that operates on 

the principle of vapor displacement. 

3. "Bottom Loaded": A gasoline delivery vessel shall be considered to be bottom 

loaded when the fuel transfer and vapor return lines have separate, independent, 
4/09 RULE 70: 11 

and dedicated attachments on the truck or container, when the inlet is flush with 

the container bottom, and when the truck and trailer hatches remain closed during 

fuel transfer. 

4. "CARB-Certified Vapor Recovery System": A vapor recovery system or 

equipment that has been certified by the State Board pursuant to Section 41954 of 

the Health and Safety Code. 

5 "CARB Executive Orders": Orders generated by the California Air Resources 

Board that document the requirements of specific vapor control equipment and 

procedures used in Phase I and II vapor control. 

6. "Coaxial Hoses or Systems": Gasoline delivery hoses, pipes, or systems that have 

an inner tube through which gasoline liquid is delivered and an annulus around 

the inner tube through which vapors are recovered, or vice-versa. 

7. "E 85 Fuel": A motor fuel that contains 85 percent ethanol and 15 percent 

gasoline. 

8. "Fleet": A group of vehicles under common operation and control by a person, 

company, business, corporation, organization, public entity, or any combination 

thereof, and are dispatched from at least one location within the District. For the 

purpose of this rule, each of the following facilities shall be considered a fleet: 

 a) Port-related new vehicle processors 

 b) New and used automobile and light truck dealers 

 c) Automobile and light truck rental facilities 

9. "Gasoline": Any petroleum distillate having a Reid vapor pressure of 4.0 pounds 

per square inch or greater, which is sold or intended for sale for use in motor 

vehicles or engines and is commonly or commercially known or sold as gasoline. 

10. "Gasoline Bulk Plant": A gasoline storage and distribution facility that delivers 

gasoline to commercial or retail accounts and has not exceeded an average daily 

throughput of 20,000 gallons of gasoline on a thirty day rolling average. 

11. "Gasoline Delivery Vessel": A truck, trailer, or railroad car with a storage device 

containing gasoline or gasoline vapors used to transport fuel or other petroleum 

products. 

12. "Gasoline Terminal": A gasoline storage and distribution facility that delivers 

gasoline to gasoline bulk plants or to commercial or retail accounts, and has 

exceeded a daily throughput of 20,000 gallons of gasoline on a thirty day rolling 

average. 
4/09 RULE 70: 12 

13. "Gasoline Vapors": The reactive organic compounds in the displaced vapors 

including any entrained liquid gasoline. (Revised 3/27/79) 

14. "Insertion Interlock": Any certified mechanism that is an integral part of a 

bellows-equipped dispensing nozzle that prohibits the dispensing of fuel unless 

the bellows is compressed. 

15. "Leak": 

a. The dripping at a rate of more than three (3) drops per minute of liquid 

containing reactive organic compounds; or 

b. An emission of gaseous reactive organic compound which causes an 

appropriate analyzer sampling one (1) centimeter from a source to register 

at least 10,000 ppm, as methane, as determined by EPA Reference Method 

21. 

The following are exceptions to the above definition and are not considered by 

this rule to be leaks: 

c. Liquid leaks from a well maintained disconnecting transfer fitting of not 

more than 10 milliliters per disconnect, averaged over three disconnects. 

d. Gaseous emissions from pressure relief devices on containers when the 

process pressure exceeds the limit setting specified for the device. 

e. Gaseous emissions from the nozzle boot-vehicle interface on Phase II 

vapor recovery systems. 

f. Liquid drops or spit-backs from the nozzle boot-vehicle interface not 

caused by improper maintenance of the vapor recovery system. (The 

burden of proof for demonstrating the cause of these spit-backs is on the 

operator, and may be met by meeting the CARB certification criteria in the 

blockage and pressure drop tests.) 

16. "Liquid Trap": A point along a gasoline vapor path where liquid gasoline can 

collect and block or impede the passage of gasoline vapors. 

17. "Major Modification": The modification of an existing gasoline dispensing 

facility that makes it subject to the same requirements to which a new installation 

is subject. 

a) Modification of the Phase I system that involves the addition, replacement, 

or removal of an underground storage tank, or modification that causes the 
4/09 RULE 70: 13 

tank top to be unburied, is considered a major modification of the Phase I 

system. 

b) Either the replacement of the Phase II system or the modification of the 

Phase II system that involves the addition, replacement or removal of 50 

percent or more of the buried vapor piping, or the replacement of 

dispensers, is considered a major modification of the Phase II system. The 

replacement of a dispenser is not a major modification when the 

replacement is occasioned by end user damage to a dispenser. 

This definition applies only to Subsection B.7 and Section H of this rule and does 

not supersede the definition of major modification in CARB document D-200. 

18. "Mobile Refueler": A gasoline delivery vessel equipped with a dispensing nozzle 

or nozzles used to fill motor vehicle fuel tanks. 

19. "Onboard Refueling Vapor Recovery (ORVR)": a system built into a motor 

vehicle to recover and contain gasoline vapors before they reach the fuel filler 

spout, as required by California Code of Regulations, title 13, section 1978, or 40 

Code of Federal Regulations Part 86. 

20. "Phase I Vapor Recovery System": A gasoline vapor recovery system or 

equipment that recovers the vapors generated during the transfer of gasoline from 

delivery vessels into stationary storage containers. 

21. "Phase II Vapor Recovery System": A gasoline vapor recovery system or 

equipment that recovers the vapors generated during the fueling of motor vehicles 

from stationary storage containers. 

22. "Prior Scheduled Testing Date:" The date established by the District by which an 

air-to-liquid ratio performance test must be conducted at a facility pursuant to 

Rule 70 adopted on May 13, 1997. 

23. "Rebuilt Equipment": Any component of a vapor recovery system that has 

undergone repair or replacement of any or all of its internal parts. 

24. "Reid Vapor Pressure": The absolute vapor pressure of volatile crude oil and 

volatile nonviscous petroleum liquids, except liquefied petroleum gases, as 

determined by ASTM D323-89. 

25. "Retail Service Station": Any new or existing motor vehicle fueling facility 

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

26. "Submerged Fill Pipe": Any fill pipe or discharge nozzle that meets any one of 

the following conditions: 
4/09 RULE 70: 14 

a. The discharge opening is entirely submerged when the liquid level is six 

inches above the bottom of the container. 

b. When applied to a container that is loaded from the side, the discharge 

opening is entirely submerged when the liquid level is 18 inches above the 

bottom of the container. 

c. When applied to a container that is loaded from the bottom, "bottom 

loaded", the discharge opening is entirely submerged when the liquid level 

is six inches above the bottom of the container. 

27. "Switch Load": To transfer diesel fuel into any gasoline delivery vessel that was 

previously loaded with gasoline. 

28. "Thirty Day Rolling Average": The arithmetic average of daily gasoline 

throughputs over any consecutive thirty day period. 

29. "Top Off": The dispensing of gasoline to a motor vehicle or utility equipment fuel 

tank after the dispensing nozzle primary shutoff mechanism has engaged. The 

filling of those classes of vehicle tanks which, because of the configuration of the 

fill pipe, causes premature activation of the primary shutoff, shall not be 

considered topping off. 

30. "Twelve Month Rolling Average": The arithmetic average of monthly gasoline 

throughputs over any consecutive twelve month period. 

31. "Vacuum Assist System": Any Phase II vapor recovery system that utilizes a 

pump, blower, or other vacuum-producing device. Vacuum assist systems may 

also incorporate an incinerator to process any excess vapors generated by the 

collection system. 

32. "Vapor Tight": The detection of less than 10,000 ppm hydrocarbon concentration, 

as determined by EPA reference Method 21, using an appropriate analyzer 

calibrated with methane.