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IMPORTANT NOTICE TO
GASOLINE DISTRIBUTION AND SUPPLY COMPANIES
AND DELIVERY
TRUCK OWNER/OPERATORS
EXTENSION OF EXERCISE OF ENFORCEMENT DISCRETION FOR GASOLINE DELIVERIES TO
DISPENSING FACILITIES WITHOUT ENHANCED VAPOR RECOVERY UPGRADES THROUGH
JULY
15, 2005
On April 1, 2005, all existing non-Enhanced Vapor Recovery (EVR) Phase I
systems on underground storage tanks were decertified for use by the
California Air Resources Board (CARB). Because of the shortage of certified
equipment and installation contractors to complete the upgrades by the April
1, 2005 deadline, the South Coast Air Quality Management District (AQMD)
exercised enforcement discretion by temporarily suspending for 60 days the
issuance of Notices of Violation to suppliers delivering gasoline to
facilities with non-EVR Phase I systems (Advisory
16-05). This Advisory extends that exercise of discretion and notifies
you that effective July 16, 2005, full field enforcement of bulk delivery
requirements will resume except with regard to bulk deliveries to gasoline
dispensing facilities (GDFs) which are active respondents in pending
stipulated Group Order for Abatement proceedings and which are in compliance
with any Orders issued in those proceedings.
Effective July 16, 2005, Notices of Violation will be issued to those
gasoline distribution and supply companies and delivery truck
owners/operators found to have delivered gasoline to non-EVR Phase I
systems, unless the GDF is an active and compliant respondent in a pending
stipulated Group Order for Abatement proceeding, as aforesaid. Enforcement
action will also be taken against the gasoline dispensing facility itself.
GDFs that are active and compliant respondents in the stipulated Group Order
for Abatement compliance option are listed on the AQMD website by city.
This list will be updated as new information becomes available.
What does a non-compliant Phase I System look like?
Visual cues that a Phase I system has not been upgraded to EVR can include
any of the following:
• Coaxial fills
• Drain valve in the vapor recovery spill container
• Non-rotatable, non-turnable adaptors
• Any pressure-vacuum valve other than the
OPW 623V or
Husky 4885
• Drain valve drains to the tank’s vapor space and not into the submerged
drip tube
Remember, after July 15, 2005, do not deliver gasoline to underground
storage tanks at facilities that are not properly equipped with Enhanced
Vapor Recovery Phase I systems unless the GDF is
listed on the AQMD website at the time of delivery. Be vigilant to
observe fill equipment tagged out of service by AQMD inspectors and never
deliver fuel into tagged out systems. Failure to comply will result in
enforcement action by the AQMD.
For questions regarding this advisory, please call the R461 Advisory Hotline
at 1-866-770-9140 or provide your questions to AQMD via
email.
AQMD Advisory No. 19-05 is available in PDF
format.
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