AQMD Rule 461 Advisory No. 18-05 (revised)

Compliance Advisory To Gasoline Dispensing Facilities
That Failed to Upgrade Their Phase I Systems
by the April 1, 2005 Deadline

California state regulations adopted four years ago required all gasoline dispensing facilities (GDFs) with underground storage tanks to upgrade the Phase I systems on their underground tanks to meet enhanced vapor recovery (EVR) standards (this link takes you CARB website) by April 1, 2005.  On April 1, 2005, all existing non-EVR systems will be decertified for use by the California Air Resources Board (CARB).  Normally, this decertification would mean that bulk gasoline deliveries should not occur.

GDFs seeking to avoid disruption of fuel deliveries and the ability to dispense gasoline, may request (pdf, 57 kb) to be included in a Stipulated Order for Abatement.  If granted by the AQMD Hearing Board, a Stipulated Order for Abatement would enable the GDF to continue to receive and dispense gasoline until the required Phase I EVR upgrades can be completed.

Operating under a Stipulated Order for Abatement will require the GDF owner/operator to pay penalties for operating without a certified system, starting from April 1, 2005 until such time that the GDF achieves full compliance.  In addition, the GDF will be required to adhere to strict deadlines to:

• obtain an AQMD permit;

• contract for the upgrades;

• receive and install the necessary equipment;

• conduct performance testing of the new system; and

• achieve full compliance with all applicable Phase I EVR requirements.

Additional information regarding this California EVR Phase I deadline is available from the California Air Resources Board website and in AQMD Advisories # 11-03 and # 15-05.  For questions or additional information regarding Phase I EVR system requirements, please call AQMD at (866) 770-9140.

Note: this page has been updated from the initial version of Advisory #18-05 released by AQMD.  A copy of the original document (pdf, 21 kb) is available.