2009 California Health and Safety Code - Section 41950-41964 :: Article 5. Gasoline Vapor Control

41950.  (a) Except as provided in subdivisions (b) and (e), no
person shall install or maintain any stationary gasoline tank with a
capacity of 250 gallons or more which is not equipped for loading
through a permanent submerged fill pipe, unless such tank is a
pressure tank as described in Section 41951, or is equipped with a
vapor recovery system as described in Section 41952 or with a
floating roof as described in Section 41953, or unless such tank is
equipped with other apparatus of equal efficiency which has been
approved by the air pollution control officer in whose district the
tank is located.
   (b) Subdivision (a) shall not apply to any stationary tanks
installed prior to December 31, 1970.
   (c) For the purpose of this section, "gasoline" means any
petroleum distillate having a Reid vapor pressure of four pounds or
greater.
   (d) For the purpose of this section, "submerged fill pipe" means
any fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches above the bottom of the tank.
"Submerged fill pipe," when applied to a tank which is loaded from
the side, means any fill pipe which has its discharge opening
entirely submerged when the liquid level is 18 inches above the
bottom of the tank.
   (e) Subdivision (a) shall not apply to any stationary tank which
is used primarily for the fueling of implements of husbandry.

41951.  A "pressure tank" is a tank which maintains working pressure
sufficient at all times to prevent hydrocarbon vapor or gas loss to
the atmosphere.

41952.  A "vapor recovery system" consists of a vapor gathering
system capable of collecting the hydrocarbon vapors and gases
discharged and a vapor disposal system capable of processing such
hydrocarbon vapors and gases so as to prevent their emission into the
atmosphere, with all tank gauging and sampling devices gastight
except when gauging or sampling is taking place.

41953.  A "floating roof" consists of a pontoon-type or
double-deck-type roof, resting on the surface of the liquid contents
and equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall. The control equipment required
by this section shall not be used if the gasoline or petroleum
distillate has a vapor pressure of 11.0 pounds per square inch
absolute or greater under actual storage conditions. All tank gauging
and sampling devices shall be gastight except when gauging or
sampling is taking place.

41954.  (a) The state board shall adopt procedures for determining
the compliance of any system designed for the control of gasoline
vapor emissions during gasoline marketing operations, including
storage and transfer operations, with performance standards that are
reasonable and necessary to achieve or maintain any applicable
ambient air quality standard.
   (b) The state board shall, after a public hearing, adopt
additional performance standards that are reasonable and necessary to
ensure that systems for the control of gasoline vapors resulting
from motor vehicle fueling operations do not cause excessive gasoline
liquid spillage and excessive evaporative emissions from liquid
retained in the dispensing nozzle or vapor return hose between
refueling events, when used in a proper manner. To the maximum extent
practicable, the additional performance standards shall allow
flexibility in the design of gasoline vapor recovery systems and
their components.
   (c) (1) The state board shall certify, in cooperation with the
districts, only those gasoline vapor control systems that it
determines will meet the following requirements, if properly
installed and maintained:
   (A) The systems will meet the requirements of subdivision (a).
   (B) With respect to any system designed to control gasoline vapors
during vehicle refueling, that system, based on an engineering
evaluation of that system's component qualities, design, and test
performance, can be expected, with a high degree of certainty, to
comply with that system's certification conditions over the warranty
period specified by the board.
   (C) With respect to any system designed to control gasoline vapors
during vehicle refueling, that system shall be compatible with
vehicles equipped with onboard refueling vapor recovery (ORVR)
systems.
   (2) The state board shall enumerate the specifications used for
issuing the certification. After a system has been certified, if
circumstances beyond the control of the state board cause the system
to no longer meet the required specifications or standards, the state
board shall revoke or modify the certification.
   (d) The state board shall test, or contract for testing, gasoline
vapor control systems for the purpose of determining whether those
systems may be certified.
   (e) The state board shall charge a reasonable fee for
certification, not to exceed its actual costs therefor. Payment of
the fee shall be a condition of certification.
   (f) No person shall offer for sale, sell, or install any new or
rebuilt gasoline vapor control system, or any component of the
system, unless the system or component has been certified by the
state board and is clearly identified by a permanent identification
of the certified manufacturer or rebuilder.
   (g) (1) Except as authorized by other provisions of law and except
as provided in this subdivision, no district may adopt, after July
1, 1995, stricter procedures or performance standards than those
adopted by the state board pursuant to subdivision (a), and no
district may enforce any of those stricter procedures or performance
standards.
   (2) Any stricter procedures or performance standards shall not
require the retrofitting, removal, or replacement of any existing
system, which is installed and operating in compliance with
applicable requirements, within four years from the effective date of
those procedures or performance standards, except that existing
requirements for retrofitting, removal, or replacement of nozzles
with nozzles containing vapor-check valves may be enforced commencing
July 1, 1998.
   (3) Any stricter procedures or performance standards shall not be
implemented until at least two systems meeting the stricter
performance standards have been certified by the state board.
   (4) If the certification of a gasoline vapor control system, or a
component thereof, is revoked or modified, no district shall require
a currently installed system, or component thereof, to be removed for
a period of four years from the date of revocation or modification.
   (h) No district shall require the use of test procedures for
testing the performance of a gasoline vapor control system unless
those test procedures have been adopted by the state board or have
been determined by the state board to be equivalent to those adopted
by the state board, except that test procedures used by a district
prior to January 1, 1996, may continue to be used until January 1,
1998, without state board approval.
   (i) With respect to those vapor control systems subject to
certification by the state board, there shall be no criminal or civil
proceedings commenced or maintained for failure to comply with any
statute, rule, or regulation requiring a specified vapor recovery
efficiency if the vapor control equipment which has been installed to
comply with applicable vapor recovery requirements meets both of the
following requirements:
   (1) Has been certified by the state board at an efficiency or
emission factor required by applicable statutes, rules, or
regulations.
   (2) Is installed, operated, and maintained in accordance with the
requirements set forth in the document certification and the
instructions of the equipment manufacturer.

41955.  Prior to state board certification of a gasoline vapor
control system pursuant to Section 41954, the manufacturer of the
system shall submit the system to, or, if appropriate, the components
of the system as requested by, the Division of Measurement Standards
of the Department of Food and Agriculture and the State Fire Marshal
for their certification.

41956.  (a) As soon as possible after the effective date of this
section, the State Fire Marshal and the Division of Measurement
Standards, after consulting with the state board, shall adopt rules
and regulations for the certification of gasoline vapor control
systems and components thereof.
   (b) The State Fire Marshal shall be the only agency responsible
for determining whether any component or system creates a fire
hazard. The division shall be the only agency responsible for the
measurement accuracy aspects, including gasoline recirculation of any
component or system.
   (c) Within 120 days after the effective date of this subdivision,
the Division of Measurement Standards, shall, after public hearing,
adopt rules and regulations containing additional performance
standards and standardized certification and compliance test
procedures which are reasonable and necessary to prevent gasoline
recirculation in systems for the control of gasoline vapors resulting
from motor vehicle fueling operations.

41956.1.  (a) Whenever the state board, the Division of Measurement
Standards of the Department of Food and Agriculture, or the State
Fire Marshal revises performance or certification standards or
revokes a certification, any systems or any system components
certified under procedures in effect prior to the adoption of revised
standards or the revocation of the certification and installed prior
to the effective date of the revised standards or revocation may
continue to be used in gasoline marketing operations for a period of
four years after the effective date of the revised standards or the
revocation of the certification. However, all necessary repair or
replacement parts or components shall be certified.
   (b) Notwithstanding subdivision (a), whenever the State Fire
Marshal determines that a system or a system component creates a
hazard to public health and welfare, the State Fire Marshal may
prevent use of the particular system or component.
   (c) Notwithstanding subdivision (a), the Division of Measurement
Standards may prohibit the use of any system or any system component
if it determines on the basis of test procedures adopted pursuant to
subdivision (c) of Section 41956, that use of the system or component
will result in gasoline recirculation.

41957.  The Division of Occupational Safety and Health of the
Department of Industrial Relations is the only agency responsible for
determining whether any gasoline vapor control system, or component
thereof, creates a safety hazard other than a fire hazard.
   If the division determines that a system, or component thereof,
creates a safety hazard other than a fire hazard, that system or
component may not be used until the division has certified that the
system or component, as the case may be, does not create that hazard.
   The division, in consultation with the state board, shall adopt
the necessary rules and regulations for the certification if the
certification is required.

41958.  To the maximum extent practicable, the rules and regulations
adopted pursuant to Sections 41956 and 41957 shall allow flexibility
in the design of gasoline vapor control systems and their
components. The rules and regulations shall set forth the performance
standards as to safety and measurement accuracy and the minimum
procedures to be followed in testing the system or component for
compliance with the performance standards.
   The State Fire Marshal, the Division of Occupational Safety and
Health, and the Division of Measurement Standards shall certify any
system or component which complies with their adopted rules and
regulations. Any one of the state agencies may certify a system or
component on the basis of results of tests performed by any entity
retained by the manufacturer of the system or component or by the
state agency. The requirements for the certification of a system or
component shall not require that it be tested, approved, or listed by
any private entity, except that certification testing regarding
recirculation of gasoline shall include testing by an independent
testing laboratory.

41959.  Certification testing of gasoline vapor control systems and
their components by the state board, the State Fire Marshal, the
Division of Measurement Standards, and the Division of Occupational
Safety and Health may be conducted simultaneously.

41960.  (a) Certification of a gasoline vapor recovery system for
safety and measurement accuracy by the State Fire Marshal and the
Division of Measurement Standards and, if necessary, by the Division
of Occupational Safety and Health shall permit its installation
wherever required in the state, if the system is also certified by
the state board.
   (b) Except as otherwise provided in subdivision (g) of Section
41954, no local or regional authority shall prohibit the installation
of a certified system without obtaining concurrence from the state
agency responsible for the aspects of the system which the local or
regional authority disapproves.

41960.1.  (a) All vapor control systems for the control of gasoline
vapors resulting from motor vehicle fueling operations shall be
operated in accordance with the applicable standards established by
the State Fire Marshal or the Division of Measurement Standards
pursuant to Sections 41956 to 41958, inclusive.
   (b) When a sealer or any authorized employee of the Division of
Measurement Standards determines, on the basis of applicable test
procedures of the division, adopted after public hearing, that an
individual system or component for the control of gasoline vapors
resulting from motor vehicle fueling operations does not meet the
applicable standards established by the Division of Measurement
Standards, he or she shall take the appropriate action specified in
Section 12506 of the Business and Professions Code.
   (c) When a deputy State Fire Marshal or any authorized employee of
a fire district or local or regional firefighting agency determines
that a component of a system for the control of gasoline vapors
resulting from motor vehicle fueling operations does not meet the
applicable standards established by the State Fire Marshal, he or she
shall mark the component "out of order." No person shall use or
permit the use of the component until the component has been
repaired, replaced, or adjusted, as necessary, and either the
component has been inspected by a representative of the agency
employing the person originally marking the component, or the person
using or permitting use of the component has been expressly
authorized by the agency to use the component pending reinspection.

41960.2.  (a) All installed systems for the control of gasoline
vapors resulting from motor vehicle fueling operations shall be
maintained in good working order in accordance with the manufacturer'
s specifications of the system certified pursuant to Section 41954.
   (b) Whenever a gasoline vapor recovery control system is repaired
or rebuilt by someone other than the original manufacturer or its
authorized representative, the person shall permanently affix a plate
to the vapor recovery control system that identifies the repairer or
rebuilder and specifies that only certified equipment was used. In
addition, a rebuilder of a vapor control system shall remove any
identification of the original manufacturer if the removal does not
affect the continued safety or performance of the vapor control
system.
   (c) (1) The executive officer of the state board shall identify
and list equipment defects in systems for the control of gasoline
vapors resulting from motor vehicle fueling operations that
substantially impair the effectiveness of the systems in reducing air
contaminants. The defects shall be identified and listed for each
certified system and shall be specified in the applicable
certification documents for each system.
   (2) On or before January 1, 2001, and at least once every three
years thereafter, the list required to be prepared pursuant to
paragraph (1) shall be reviewed by the executive officer at a public
workshop to determine whether the list requires an update to reflect
changes in equipment technology or performance.
   (3) Notwithstanding the timeframes for the executive officer's
review of the list, as specified in paragraph (2), the executive
officer may initiate a public review of the list upon a written
request that demonstrates, to the satisfaction of the executive
officer, the need for such a review. If the executive officer
determines that an update is required, the update shall be completed
no later than 12 months after the date of the determination.
   (d) When a district determines that a component contains a defect
specified pursuant to subdivision (c), the district shall mark the
component "Out of Order." No person shall use or permit the use of
the component until the component has been repaired, replaced, or
adjusted, as necessary, and the district has reinspected the
component or has authorized use of the component pending
reinspection.
   (e) Where a district determines that a component is not in good
working order but does not contain a defect specified pursuant to
subdivision (c), the district shall provide the operator with a
notice specifying the basis on which the component is not in good
working order. If, within seven days, the operator provides the
district with adequate evidence that the component is in good working
order, the operator shall not be subject to liability under this
division.

41960.3.  (a) Each district which requires the installation of
systems for the control of gasoline vapors resulting from motor
vehicle fueling operations shall establish a toll free telephone
number for use by the public in reporting problems experienced with
the systems. Districts within an air basin or adjacent air basin may
enter into a cooperative program to implement this requirement. All
complaints received by a district shall be recorded on a standardized
form which shall be established by the state board, in consultation
with districts, the State Fire Marshal, and the Division of
Measurement Standards in the Department of Food and Agriculture.
   The operating instructions required by Section 41960.4 shall be
posted at all service stations at which systems for the control of
gasoline vapors resulting from motor vehicle fueling operations are
installed and shall include a prominent display of the toll free
telephone number for complaints in the district in which the station
is located.
   (b) Upon receipt of each complaint, the district shall diligently
either investigate the complaint or refer the complaint for
investigation by the state or local agency which properly has
jurisdiction over the primary subject of the complaint. When the
investigation has been completed, the investigating agency shall take
such remedial action as is appropriate and shall advise the
complainant of the findings and disposition of the investigation. A
copy of the complaint and response to the complaint shall be
forwarded to the state board.

41960.4.  The operator of each service station utilizing a system
for the control of gasoline vapors resulting from motor vehicle
fueling operations shall conspicuously post operating instructions
for the system in the gasoline dispensing area. The instructions
shall clearly describe how to fuel vehicles correctly with vapor
recovery nozzles utilized at the station and shall include a warning
that repeated attempts to continue dispensing, after the system
having indicated that the vehicle fuel tank is full, may result in
spillage or recirculation of gasoline.

41960.5.  (a) No retailer, as defined in Section 20999 of the
Business and Professions Code, shall allow the operation of any
gasoline pump from which leaded gasoline is dispensed, or which is
labeled as providing leaded gasoline, unless the pump is equipped
with a nozzle spout meeting the required specifications for leaded
gasoline nozzle spouts set forth in Title 40, Code of Federal
Regulations, Section 80.22(f)(1).
   (b) For the purpose of this section, "leaded gasoline" means
gasoline which is produced with the use of any lead additive or which
contains more than 0.05 gram of lead per gallon or more than 0.005
gram of phosphorus per gallon.

41960.6.  (a) No retailer, as defined in subdivision (g) of Section
20999 of the Business and Professions Code, shall, on or after July
1, 1992, allow the operation of a pump, including any pump owned or
operated by the state, or any county, city and county, or city,
equipped with a nozzle from which gasoline or diesel fuel is
dispensed, unless the nozzle is equipped with an operating hold open
latch. Any hold open latch determined to be inoperative by the local
fire marshal or district official shall be repaired or replaced by
the retailer, within 48 hours after notification to the retailer of
that determination, to avoid any applicable penalty or fine.
   (b) For purposes of this section, a "hold open latch" means any
device which is an integral part of the nozzle and is manufactured
specifically for the purpose of dispensing fuel without requiring the
consumer's physical contact with the nozzle.
   (c) Subdivision (a) does not apply to nozzles at facilities which
are primarily in operation to refuel marine vessels or aircraft.
   (d) Nothing in this section shall affect the current authority of
any local fire marshal to establish and maintain fire safety
provisions for his or her jurisdiction.

41961.  The State Fire Marshal, the Division of Measurement
Standards, and the Division of Occupational Safety and Health may
charge a reasonable fee for certification of a gasoline vapor control
system or a component thereof, not to exceed their respective
estimated costs therefor. Payment of the fee may be made a condition
of certification. All money collected by the State Fire Marshal
pursuant to this section shall be deposited in the State Fire Marshal
Licensing and Certification Fund established pursuant to Section
13137, and shall be available to the State Fire Marshal upon
appropriation by the Legislature to carry out the purposes of this
article.

41962.  (a) Notwithstanding Section 34002 of the Vehicle Code, the
state board shall adopt test procedures to determine the compliance
of vapor recovery systems of cargo tanks on tank vehicles used to
transport gasoline with vapor emission standards which are reasonable
and necessary to achieve or maintain any applicable ambient air
quality standard. The performance standards and test procedures
adopted by the state board shall be consistent with the regulations
adopted by the Commissioner of the California Highway Patrol and the
State Fire Marshal pursuant to Division 14.7 (commencing with Section
34001) of the Vehicle Code.
   (b) The state board may test, or contract for testing, the vapor
recovery system of any cargo tank of any tank vehicle used to
transport gasoline. The state board shall certify the cargo tank
vapor recovery system upon its determination that the system, if
properly installed and maintained, will meet the requirements of
subdivision (a). The state board shall enumerate the specifications
used for issuing such certification. After a cargo tank vapor
recovery system has been certified, if circumstances beyond control
of the state board cause the system to no longer meet the required
specifications, the certification may be revoked or modified.
   (c) Upon verification of certification pursuant to subdivision
(b), which shall be done annually, the state board shall send a
verified copy of the certification to the registered owner of the
tank vehicle, which copy shall be retained in the tank vehicle as
evidence of certification of its vapor recovery system. For each
system certified, the state board shall issue a nontransferable and
nonremovable decal to be placed on the cargo tank where the decal can
be readily seen.
   (d) With respect to any tank vehicle operated within a district,
the state board, upon request of the district, shall send to the
district, free of charge, a certified copy of the certification and
test results of any cargo tank vapor recovery system on the tank
vehicle.
   (e) The state board may contract with the Department of the
California Highway Patrol to carry out the responsibilities imposed
by subdivisions (b), (c), and (d).
   (f) The state board shall charge a reasonable fee for
certification, not to exceed its estimated costs therefor. Payment of
the fee shall be a condition of certification. The fees may be
collected by the Department of the California Highway Patrol and
deposited in the Motor Vehicle Account in the State Transportation
Fund. The Department of the California Highway Patrol shall transfer
to the Air Pollution Control Fund the amount of those fees necessary
to reimburse the state board for the costs of administering the
certification program.
   (g) No person shall operate, or allow the operation of, a tank
vehicle transporting gasoline and required to have a vapor recovery
system, unless the system thereon has been certified by the state
board and is installed and maintained in compliance with the state
board's requirements for certification. Tank vehicles used
exclusively to service gasoline storage tanks which are not required
to have gasoline vapor controls are exempt from the certification
requirement.
   (h) Performance standards of any district for cargo tank vapor
recovery systems on tank vehicles used to transport gasoline shall be
identical with those adopted by the state board therefor and no
district shall adopt test procedures for, or require certification
of, cargo tank vapor recovery systems. No district may impose any
fees on, or require any permit of, tank vehicles with vapor recovery
systems. However, nothing in this section shall be construed to
prohibit a district from inspecting and testing cargo tank vapor
recovery systems on tank vehicles for the purposes of enforcing this
section or any rule and regulation adopted thereunder that are
applicable to such systems and to the loading and unloading of cargo
tanks on tank vehicles.
   (i) The Legislature hereby declares that the purposes of this
section regarding cargo tank vapor recovery systems on tank vehicles
are (1) to remove from the districts the authority to certify, except
as specified in subdivision (b), such systems and to charge fees
therefor, and (2) to grant such authority to the state board, which
shall have the primary responsibility to assure that such systems are
operated in compliance with its standards and procedures adopted
pursuant to subdivision (a).

41964.  (a) The state board shall not require a gasoline dispensing
facility that meets all of the following requirements to undergo an
Enhanced Vapor Recovery Phase II upgrade, as required pursuant to
Section 41954 and implementing regulations, until April 1, 2011:
   (1) As of January 1, 2009, have installed a state board certified
Phase II vapor recovery system.
   (2) Have an annual gasoline throughput of 240,000 gallons or less.
   (3) Operate in a county that has a population of less than
100,000.
   (4) Operate in a basin not classified as nonattainment for ozone.
(b) This section shall remain in effect only until July 1, 2011, and
as of that date is repealed, unless a later enacted statute, that is
enacted before July 1, 2011, deletes or extends that date.