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DIR-2008-24b CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Chairperson and Planning Commissioners From: Steve Piasecki, Director of Community Developm~ Prepared by: Elizabeth Pettis, Assistant Planner Date: August 1, 2008 Subject: Director's Minor Modification, DIR-2008-24, to erect a state-mandated, above- ground, phase II vapor recovery system for an underground storage tank at an existing gasoline station located at 19030 Stevens Creek Blvd. Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. DISCUSSION: The applicant, Kim Link of LHB & Associates, representing Robinson Oil Corporation, is required by the California Air Resources Board (CARB) to install vapor recovery systems to filter gasoline vapors that emanate when refueling vehicle fuel tanks (Exhibit A). Presently, CARB has certified two systems that comply with its current air quality regulations. The applicant is installing the VST System, Phase II Enhanced Vapor Recovery System (Exhibit B). The main component (VST Membrane Processor) (Exhibit C) is about 4 feet tall, and above-ground installations are governed by the CARB's rulemaking and are not subject to City regulation. This is a statewide mandate and eventually all gasoline stations in California will be retrofitted with this system. The membrane processor will be located on the west side of the property (adjacent to Judy Avenue) approximately 12 feet from the side property line and 18 inches from the existing vent stack risers (see exhibit below). DIR-2008-24 Page 2 July 31, 2008 ACTION: The Director of Community Development deems the modification mi110r and approves the change as described in the pla11 set exhibit entitled: "Rotten Robbie #25 Cupertino, Califor11ia" dated 7/08/08, and C011sisting of one sheet labeled VST-1 with t11e followi11g c011ditions of approval: 1. The VST Membra11e Processor shall be painted the same color as the vent stack risers. 2. The applicant shall plant a minin1um of 5 trees (24" box mi11imum) a11d shrubs (5 gallon minimum) in the lawn area and arou11d 3A of the membrane processor and t11e vent stack risers for scree11i11g purposes on the west side of the property alo11g Judy Ave11ue. The final details shall be reviewed and approved by the Plam1i11g De"partment prior to issuance of a buildi11g permit. The approval is effective July 31, 2008. The fourteen calendar day appeal period expires on August 14, 2008. Enclosures: Exhibit A: CARB Vapor Recovery Certification Procedure, CP-201 Exhibit B: CARB Executive Order VR-204-C: VST System, Phase II EVR System Exhibit C: VST Membrane Processor Plan Set G: \Planning \PDREPORT\ DIRreports \2008\ DIR-2008-24.doc ਍桴䍏਍晦繩漺ൡ娊䨠楔䠠㨡⸻മ縊⸠‮⤨笠尧䩯਍⹾縠ബ縊⁣繯਍䐺㨠ൣ洊ⴠ਍⸮尠⠠⥊ൾ⠊⤧縠਍⁯〭ബ尊∠琧⁬桴⹯਍❾✧∧ധ縊ൾ⤊〺ര氊਍਍਍繾〠਍ൾ⸊਍⁾‰䩕਍⁣⤨਍⁾縠਍ൾ縊਍൭眊਍⁾∠਍⁾‰⹯਍楉਍ൾ縊਍⁾ൎ《਍ൾ縊⠠ൾℊ൬縊਍ൾഊ䤊਍䥉਍楉਍汩਍䥉繉਍楉਍❉਍䥉਍൉䤊൩䤊楩਍楉൩尊൜縊਍ബ✊繾㨺㨺⸺㨺ൾ縊ⴭ਍਍䨨ഩⴊ൬洊਍഼洊਍ൺ⠊⥊਍⤨਍㬻ര洊਍൭帊਍䩏਍൲㰊਍൯ഊഊ㈊縭䅌乗剁䅅ⴭനഊഊ爊ⴭⴭⴭⴭⴭ氭਍਍⁉൉䤊䤠മ䤊䤠਍਍⵾⴮ⴭⴭⱄ਍൉䤊਍൉䤊਍⹉਍൉䤊਍൉ഊഊ⠊ധഊⴊⴭ⸮⸮⴮ബ䤊਍൉䤊਍൉䤊਍൉䤊਍ബ⸊‮൉䤊਍൉䤊਍൉䤊਍൉䤊਍൉䤊਍⁉ൾ縊縷ⴭⴭⴭ縭ⴭⴭⴭⴭⴭⴭബ⠊㈠ⰰ〰‰䅇⹌⸠⸮ൟ椊⁜乕䕌䑁䑅縠਍൜ഊ⸊⸮⸮മഊ洊਍⤨਍䨨ഩ㔊ഺ洊਍㨵਍䩏਍㬻ര⤊ാ稊਍൭∊汴਍㬻ര漊਍⤨਍൭⠊⤯਍䨨ഩ漊਍㬺രഊ㼊∲਍਍⁉൴ഊഊ縊ൾ伊൘∊繏਍繾਍楩൩縊ൾഊ㜊ധ爊਍਍瑩䀠縠白਍਍✨਍ൾ㸊਍ൾ䤊਍ⴭ⹌਍਍൲✊⵬਍㽾਍佾ൊ∊❜⁾繾਍⁾⵳Ⱐ琠മ⸊⸬縬‬啬൘搊繓㼠彾⁾ൾ縊呾縠਍⁾✨Ⱐമ縊Ⱐമ縊⸠⸢尠汊਍ാഊ㸊ൾ伊൘∊䩔ൾ縊ൾ縊਍਍਍牓楩ൾ朊湲ൾ縊繾਍繾ൾ縊縸਍縼ൾ渊ൾ縊繾਍‮繾਍繑ൾⰊ縮਍⹜䤠਍൜∊尭਍਍ⴧ਍਍ഢഊ㠊⁀尺਍യഊ㈊✴㠭ഢഊഊ縊਍਍ബ✊ⴭ〻•氮ഭ䤊䤠਍൉ഊഊ䄊਍㈱〬〰䜠䱁਍剐䵅啉്ഊ †嬠㸳†††嬠㸳†嬠㸳†嬠㸳਍††‼†††⥇⤠‾湥⠠⥊㰠㰼‼䨨 唢਍†††††〧传⁊⹊⸮䤮䨮⸡਍††漠❮繩⁾㹾楮㭬≵汬琠䥉䌧縠縠⁾⁉稠洠†⁉〻਍††⤨縠繾繾℠㨡繾松⁾繾⁧⁾㸾❦‡⁭ㄠ‵ⴭ⁴ൾ †洠⁥†ര †縠松ⅾ⁯敾縻攠⁺⁚〠洠਍††縠繾繾渠縠⁾映楩洠਍††⁚繾屾汬⁾晾楦捾繾攠杧縠縠†攠⁮洠䌠ഭ †漠空縠縠⁾⁭縠†ൾ ††杧繾⁾摤㩾℺卅⁩Ⱒ〰縠縠†⠠⥊ⴠ琭洠਍††椭䀠楾楩績縠繾繾⁾㡾縠⁧〻†⁾ൾ †⸠⸮氭❩⹪⴮⠠氧縠⁾⁾楪⁯⁾ⴠ琭†⤨਍††㰭∠繾睾縠㩾㩊繾⁾繾氠繩⤠‾攠⁮㸩縠ⴠ਍††繾繾⁾㩾洺㡓縠∧†ⴠ‼⁾⁚ⴭ൴ ⠠⤯†縠⁩縠⁾⁲℠ല †㩳縠繾繾縠繾繾⁾縠†⁭椭縠〠਍†㨻†䩴䍉啾⁬‰縠†稠਍†挠汾汩楦繬縠松湾唻縠⁾㤠繊娠†湥†〠਍††㸩縠繩繳氠縻繾繾†潾縠†‰䨨 洠਍††縮†✮⁾∠†൭ †洠捏楴啪牬縠⁚†‰㨠ㄺ਍††唢縠繣縠摾繾瑲⁬敭†䙾縠†ⴭ⁴㸠഼ †縠縭⁾繾†✠•⠠⥊਍††繾繾縠繾繾⁾縠‮⁾椭†∧਍††椠⁾縠⁾〠਍††縠ⅾ渨†⁾挠⠠ †⤨਍††椠繾繾†⁭縠਍†⠠ 縠繾⁯繾汾縡縠⁾縠⁾ൾ †縠牦潬⁾晾楦†‬䨨 ⤠‾䨨 †〻਍縮†䌠†繾繾⁾縠⁧⁾耠൬ ∠汴†瑾繮⁾縸†ൾ 洠†繾⁾汦汩繾縸縠⁾㠠⁾⁾†††唢਍†縠繾⁾繧繾⁾漠ധ 㨠〻†朮†湯⁾†††ⴭ൴ 㨠氺†㈡㭾汬㬻縠⹾䥴℩〲⸠⁾縠਍†唠楕†⵾਍†䤠汉Ⅽ㩦⁭繾†繾਍†⁚縠潯⁾洠•⁾†††ര 〠†啾⁾繾繆⁾繾†繾਍††繾繾⁾繾†⁷†††൚⸊⁾‿⁾湥††縠•ൾ縊㰮✠•‰⵾††繾繾匠繾摾†Ⱜൾ †捾⸠㔮〠‾縠਍繧縠縠††繾⁾渾†繾਍†搠⁾繾縠ൾ縊⁾⁾⁾㰭††䤠⁾汩⁬†績਍∧਍਍㈱〬〰䜠䱁਍䥄卅䱅਍਍繾਍਍ൾ戊൥ഊ䨊䑕⁙噁久䕕਍਍਍㩇䩻㠰㈭′潒楢汮佬⁒楏⹬删啯琮⁜潒扢㡩楓攱ㅳ㈱㔺畃数湮汯㌱挮湯潏④∮灬楲慙整汬㘰㈭嘲呓氮搬杷㜠㈱䨵汏‱㈰㔺倴⁍削ൈഊ䌊乏啓呌乁ൔഊ ‰ഢ ℤ攠਍縠洠਍✠•൑ ⁾ൺ 〠਍⁉⁉൉ഊ《†ൾ✊✭਍∧†⁭湥਍†•ൣ ✠ഢ †㬻ഺ †椽਍†ⴠ഼ †㸩਍†爠਍†〠਍†⤠ാ †㰭਍†洠਍†攠൮䤊䤠䤠਍਍†⼨ ⵃ⁵删呏䕔⁎佒䉂䕉⌠㔲਍‼攠൮攊⁮椽∠汴挺䤠䌠偕剅䥔低‬䅃䥌但乒䅉਍䨨 ⁉൭洊洠儠㸩洠਍ⴭ⁴⁭縠䨨 㰭਍㰭∠汴ⴠ഼䤊稠縠传⁾椽਍‰⁲㤱㌰‰呓噅久⁓剃䕅⁋佂䱕噅剁ൄⴊ潊‮娠洠‭൭ †䌠偕剅䥔低‬䅃䥌但乒䅉㤠〵㐱㈭〵ലഊ嬊嬾績਍繾ൢ㰊繾洠਍繾⁯㨺഻縊繾‮⅑਍•ര㸊稠਍繾攠൮∊਍തഊ䰊䉾਍਍਍⸦䄠獳捯慩整㭳䰠摴〠਍਍楣楶⁬湥楧敮牥湩⁧‮慬摮搠癥汥灯敭瑮 牡档瑩捥畴敲਍⠵㙬䠠杩敵慲匠牬敥ⱬ匠汵敬㈠〰⸠匠湡䰠䅉⁳扏獩潰‬䅃㤠㐳㄰਍桰㠠㔰㐵⸰㈵〴眠睷氮䉈獡潳⹣潣⁭㡦潬›〸⸵㐵⸰㈵ㄴ਍ 50 0 City of Cupertino SCALE 1 :500 50 100 FEET 150 IL a http://gissvr/cupertinoassessor/home/mapFile.aspx Tuesday, July 29, 2008 3:50 PM Freeways Annotation Abc Street Names Address Street Centerline ❑ ParcelOutline Right -of -Way Parcels Lj City Boundary ® Aerials - 2006 i 50 0 City of Cupertino SCALE 1 :500 50 100 FEET 150 IL a http://gissvr/cupertinoassessor/home/mapFile.aspx Tuesday, July 29, 2008 3:50 PM & ,Associates' L -i -d. 586 Higuera Street, Suite 200 San Luis Obispo, CA 93401 t (805) 540-5240 f (805) 540-5241 Letter of Transmittal to: City of Cupertino date: July 25, 2008 Community Development Dept. 10300 Torre Avenue job no: 08-22-25 Cupertino, CA 95014 attn: Elizabeth Pettis we are sending you ❑ shop drawings ❑ copy of letter ■ attached ❑ prints ❑ change order re: 19030 Stevens Creek Blvd. Rotten Robbie #25 via U. P. S. Ground the following items: ■ plans ❑ samples ❑ specifications J copies date no. descriptions 1 7/25/08 Complete sets of VST plans for Rotten Robbie Gas Station 2 7/25/08 Complete sets of VST plans (half size) 1 Completed & signed Application form 1 Public Works Confirmation form w/ half size Site Plan 1 Planning Review Fee: $1,340.00 these are transmitted as checked below: ■ for approval ❑ approved as submitted ❑ resubmit copies for approval ■ for your use ❑ approved as noted ❑ submit copies for distribution ❑ as requested ❑ returned for corrections ❑ return corrected prints ❑ for your review & comment ❑ ❑ forbids due ❑ prints returned following loan to us comments: Elizabeth; In regards to the Rotten Robbie gas station located at 19030 Stevens Creek Boulevard, the above items are for your review and approval. Please route the Public Works form and Site Plan to the appropriate person. We have submitted plans and an application to the Bay Area Air Quality Management District for their review and approval. Please contact our office when the plans are approved, so that we can submit to the Building Department. Please contact me with any questions. Thank you. copy to: Beth De More., Robinson Oil Corp. signed: Kimberly Link, Project Coordinator If enclosures are not as noted, kindly notify us at once County of Santa Clara Office of the County Clerk -Recorder Business Division County Government Center 70 West Hedding Street, E. Wing, I" Floor San Jose, California 95110 (408) 299-5665 For CLERK -RECORDER'S USE ONLY v�� 11_� , yA ENVIRONMENTAL DECLARATION POSTED ON RFR 0 2 70MROUGH OCT 0 2 2008 IN THE OFFIC F THE COUNTY CLERK -RECORDER REGINA ALCOMENDRAS, COUNTY CL- ERK BY 6 —� , DEPUTY NAME OF LEAD AGENCY: C4- C Dt"--4r) NAME OF. APPLICANT: kI n Li r* 2(joj 1 L CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: CCD rporoji � 1 NOTICE OF PREPARATION 2. ( NOTICE OF EXEMPTION 50.00 COUNTY CLERK FEE REQUIRED 3. NOTICE OF DETERMINATION: FOR CLERK -RECORDER FILE STAMP ENDORSED SEP 0 2 2008 REGINA ALCOMBNDAOdt.Kxotdcr Smu,1 Gana County v aY -- - Depwy CLERK -RECORDER FILE ISO. E-1`SOy CA Dept. of Fish and Game Receipt # NEGATIVE DECLARATION PURSUANT TO PUBLIC RESOURCES CODE $ 21080(C) , ;_ (-,/- �) 9 a, - ( ) 1926.75 REQUIRED ($1876.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT / PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED ENVIRONMENTAL IMPACT REPORT PURSUANT TO PUBLIC RESOURCES CODE -4 21152 ( ) 2656.75 REQUIRED ($2606.75 STATE FILING FEE AND $50.00 COUNTY CLERK FEE) ( ) A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT / PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE SAME PROJECT IS ATTACHED: 50.00 COUNTY CLERK FEE REQUIRED NOTE: "SAME PROJECT MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A 'NO EFFECT DETERMINATION' LETTER FROM THE FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. 4. Other: NO PROJECT SHALL BE OPER477VE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS POR THE PROJECT BE VAUD, UNTIL THE F7UNG FEES REQUIRED PURSUANT TO THIS SEC77ON ARE PAID.' FISH & GAME CODE SECTION 711.4(C)(3) NOTICE TO BE POSTED FOR O DAYS. k-k_�41 ( THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL ENVIRONMENTAL DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. CHECKS SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER. Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Ken Yeager, Liz Kniss County Executive: Peter Kutras, Jr. 01-01-2008 Notice of Exemption To: County Clerk -Recorder 70 W. Hedding Street, 0 Floor East Wing—Business Division San Jose, CA 95110 Project Title: DIR-2008-24 Project Location - (be specific): 19030 Stevens Creek Boulevard City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 E_15p39 Project Location - (City): Cupertino Project Location - (County): Santa Clara Description of Project: Director's Minor Modification for an air cleaner tank for gasoline at an existing service station. Name of Public Agency approving project: Name of Person or Agency carrying out project: Kim Link (Robinson Oil Corporation) Exempt Status: (check one) —Ministerial (Sec. 21080(b)(1); 15268); — Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); x Categorical Exemption. State type and section number: 15301 –Existing Facilites _Statutory Exemption. State code number: Reasons why project is exempt: Project involves the erection of mechanical equipment to meet California Air Resources Board regulations. Lead Agency Contact Person Elizabeth Pettis Area code/telephone number (408) 777-3319 Signature: 64A"I Date: August 15, 2008 Title: Assistant Planner 61 G: IPlanninglERClExempt12008exemptl dir200824. doe California Environmental Protection Agency Air Resources Board Vapor Recovery Certification Procedure CP -201 Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities A set of definitions common to all Certification and Test Procedures are in: D-200 Definitions for Vapor Recovery Procedures For the purpose of this procedure, the term "ARB" refers to the California Air Resources Board, and the term "Executive Officer" refers to the ARB Executive Officer, or his or her authorized representative or designate. GENERAL INFORMATION AND APPLICABILITY This document describes the procedure for evaluating and certifying Phase I and Phase II vapor recovery systems, and components, used at Gasoline Dispensing Facilities (GDF) with underground storage tanks. An ARB Executive Order certifying the system shall be issued only after all of the applicable certification requirements have been successfully completed. This Certification Procedure, CP -201, is adopted pursuant to Section 41954 of the California Health and Safety Code (CH&SC) and is applicable to vapor recovery systems installed at gasoline dispensing facilities for controlling gasoline vapors emitted during the fueling of storage tanks (Phase 1) and the refueling of vehicle fuel tanks (Phase ll). Vapor recovery systems are complete systems and shall include all associated dispensers, piping, nozzles, couplers, processing units, underground tanks and any other equipment or components necessary for the control of gasoline vapors during Phase I or Phase II refueling operations at GDF. 1.1 Legislative and Regulatory Requirements of Other State Agencies As required pursuant to Sections 25290.1.2, 41955 and 41957 of the CH&SC, the Executive Officer shall coordinate this certification procedure with: 1.1.1 Department of Food and Agriculture, Division of Measurement Standards (DMS) 1.1.2 Department of Forestry and Fire Protection, Office of the State Fire Marshall (SFM) 1.1.3 Department of Industrial Relations, California Air Resources Board May 25, 2006 CP -201, Page 1 Division of Occupational Safety and Health (DOSH) 1.1.4 State Water Resources Control Board (SWRCB) Division of Water Quality Prior to certification of the vapor recovery system by the Executive Officer, the applicant shall submit plans and specifications for the system to each of these agencies. Certification testing by these agencies may be conducted concurrently with ARB certification testing; however, the approval of the SFM, DMS, DOSH, and a determination by the SWRCB shall be a precondition to certification by ARB. The applicant is responsible for providing documentation of these approvals and determinations to ARB. 1.2 Requirement to Comply with All Other Applicable Codes and Regulations Certification of a system by the Executive Officer does not exempt the system from compliance with other applicable codes and regulations such as state fire codes, weights and measures regulations, and safety codes and regulations. 2. PERFORMANCE STANDARDS AND SPECIFICATIONS 2.1 Performance Standards A performance standard defines the minimum performance requirements for certification of any system, including associated components. An applicant may request certification to a performance standard that is more stringent than the minimum performance standard specified in CP -201. Ongoing compliance with all applicable performance standards, including any more stringent standards requested by the applicant, shall be demonstrated throughout certification testing. 2.2 Performance Specifications A performance specification is an engineering requirement that relates to the proper operation of a specific system or component thereof. In addition to the performance specifications mandated in CP -201, an applicant may specify additional performance specifications for a system or component. An applicant may request certification to a performance specification that is more stringent than the minimum performance specification in CP -201. Ongoing compliance with all applicable performance specifications, including any more stringent specifications requested by the applicant, shall be demonstrated throughout certification testing. California Air Resources Board May 25, 2006 CP -201, Page 2 2.3 Innovative System The innovative system concept provides flexibility in the design of vapor recovery systems. A vapor recovery system that fails to comply with an identified performance standard or specification may qualify for consideration as an innovative system, provided that the system meets the primary emission factor/efficiency, complies with all other applicable requirements of certification, and the Executive Officer determines that the emission benefits of the innovation are greater than the consequences of failing to meet the identified standard or specification. 2.4 Additional or Amended Performance Standards or Performance Specifications Whenever these Certification Procedures are amended to include additional or amended performance standards, any system that is certified as of the effective date of additional or amended standards shall remain certified until the operative date. Systems installed before the operative date of additional or amended standards may remain in use for the remainder of their useful life or for up to four years after the effective date of the new standard, whichever is shorter, provided the requirements of section 19 are met. Whenever these Certification Procedures are amended to include additional or amended performance specifications, a system shall remain certified until the Executive Order expiration date. A system that was installed before the operative date of additional or amended performance specifications may remain in use subject to the requirements of section 17. 2.4.1 The effective and operative dates of adoption for all performance standards and specifications contained herein are specified in Table 2-1. 2.4.2 The operative dates of performance standards shall be the effective date of adoption of amended or additional performance standards, except as otherwise specified in Table 2-1. Certifications shall terminate on the operative date of amended or additional performance standards unless the Executive Officer determines that the system meets the amended or additional performance standards. Upon the operative date of amended or additional performance standards, only systems complying with the amended or additional performance standards may be installed. 2.4.3 The operative dates of performance specifications are listed in Table 2-1. As of the operative date of amended or additional performance specifications, only systems complying with the amended or additional performance specifications may be installed. 2.4.4 When the Executive Officer determines that no Phase I or Phase II system has been certified or will not be commercially available by the operative dates specified in Table 2-1 of CP -201, the Executive Officer shall extend the operative date and may extend the effective date of amended or additional performance standards or specifications. If there is only one certified system to meet amended or additional standards, that system is considered to be California Air Resources Board May 25, 2006 CP -201, Page 3 commercially available if that system can be shipped within eight weeks of the receipt of an order by the equipment manufacturer. 2.4.5 The Executive Officer may determine that a system certified prior to the operative date meets the amended or additional performance standards or specifications. In determining whether a previously certified system conforms with any additional or amended performance standards, specifications or other requirements adopted subsequent to certification of the system, the Executive Officer may consider any appropriate information, including data obtained in the previous certification testing of the system in lieu of new testing. 2.4.6 Gasoline Dispensing Facilities in districts that ARB determines are in attainment with the state standard for Ozone are exempted from the Enhanced Vapor Recovery performance standards and specifications set forth in sections 3 through 9, inclusive, with the exception of the requirement for compatibility with vehicles that are equipped with Onboard Refueling Vapor Recovery (ORVR) systems as specified in subsection 4.4. New GDFs, and those undergoing major modifications, are not exempt. If exempt facilities become subject to additional standards due to a subsequent reclassification of their district from attainment to non -attainment, the facilities will have four years to comply. 2.4.7 The gasoline dispensing facility's gasoline throughput for calendar year 2003 shall be used for determining compliance with the Onboard Refueling Vapor Recovery (ORVR) requirements in Table 2-1. California Air Resources Board May 25, 2006 CP -201, Page 4 State of California AIR RESOURCES BOARD EXECUTIVE ORDER VR -204-C Vapor Systems Technologies, Inc. Phase II Enhanced Vapor Recovery (EVR) System Including Veeder-Root In -Station Diagnostics (ISD) System WHEREAS, the California Air Resources Board (ARB) has established, pursuant to California Health and Safety Code sections 25290.1.2, 39600, 39601 and 41954, certification procedures for systems designed for the control of gasoline vapor emissions during motor vehicle fueling operations (Phase II EVR vapor recovery systems) in its CP -201, Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities (Certification Procedure) as last amended May 25, 2006, incorporated by reference in title 17, California Code of Regulations, section 94011; WHEREAS, ARB has established, pursuant to California Health and Safety Code sections 39600, 39601, 39607, and 41954, test procedures for determining the compliance of Phase II vapor recovery systems with emission standards; WHEREAS, Vapor Systems Technologies, Inc. (VST) requested certification of the VST Phase II Enhanced Vapor Recovery System Including Veeder-Root In -Station Diagnostics (VST Phase II EVR System Including ISD) pursuant to the Certification Procedure by Executive Order VR -204-A issued on April 1, 2008; WHEREAS, the Certification Procedure provides that the ARB Executive Officer shall issue an Executive Order if he or she determines that the vapor recovery system conforms to all of the applicable requirements set forth in the Certification Procedure; WHEREAS, G-01-032 delegates to the Chief of the Monitoring and Laboratory Division the authority to certify or approve modifications to certified Phase I and Phase II vapor recovery systems for gasoline dispensing facilities; WHEREAS, I, William V. Loscutoff, Chief of the Monitoring and Laboratory Division, find that the VST Phase II EVR System Including ISD conforms with all requirements set forth in the Certification Procedure, including compatibility when fueling vehicles equipped with onboard refueling vapor recovery systems, and results in a vapor recovery system which is at least 95 percent efficient and shall not exceed 0.38 pounds of hydrocarbons per 1,000 gallons of gasoline transferred when tested pursuant to TP -201.2, Efficiency and Emission Factor for Phase 11 Systems (October 8, 2003); N NOW, THEREFORE, IT IS HEREBY ORDERED that the VST Phase II EVR System Including ISD is certified to be at least 95 percent efficient and does not exceed 0.38 pounds of hydrocarbon per 1,000 gallons of gasoline transferred in attended and/or self-service mode when used with an ARB -certified Phase I vapor recovery system and installed, operated, and maintained as specified herein and in the following exhibits. Exhibit 1 contains a list of the equipment certified for use with the VST Phase II EVR System including Veeder-Root ISD. Exhibit 2 contains the performance standards, specifications, and typical installation drawings applicable to the VST Phase II EVR System Including Veeder-Root ISD as installed in a gasoline dispensing facility (GDF). Exhibit 3 contains the manufacturing performance standards and specifications. Exhibit 4 provides items required in conducting TP -201.3. Exhibit 5 is the liquid removal test procedure. Exhibit 6 is a hydrocarbon sensor verification test procedure. Exhibit 7 is the VST Phase II EVR System Including Veeder-Root ISD Warranty. Exhibit 8 is the vapor pressure sensor verification test procedure. Exhibit 9 is a test procedure for determining vapor processor activation pressure. Exhibit 10 is the nozzle bag test procedure. Exhibit 11 is the operability test procedure for the Veeder-Root ISD flow meter. IT IS FURTHER ORDERED that compliance with the applicable certification requirements, rules and regulations of the Division of Measurement Standards of the Department of Food and Agriculture, the Office of the State Fire Marshal of the Department of Forestry and Fire Protection, the Division of Occupational Safety and Health of the Department of Industrial Relations, and the Division of Water Quality of the State Water Resources Control Board are made conditions of this certification. IT IS FURTHER ORDERED that VST shall provide a warranty for the vapor recovery system and components to the initial purchaser. The warranty shall be passed on to each subsequent purchaser within the warranty period. The manufacturer of components listed in Exhibit 1 not manufactured by VST or Veeder-Root shall provide a warranty to each of their components certified herein. The warranty shall include the ongoing compliance with all applicable performance standards and specifications and shall comply with all warranty requirements in Section 16.5 of the Certification Procedure. VST or other manufacturers may specify that the warranty is contingent upon the use of trained installers. IT IS FURTHER ORDERED that every certified component manufactured by VST and Veeder-Root shall be performance tested by the manufacturer as provided in Exhibit 3. IT IS FURTHER ORDERED that the certified VST Phase II EVR System Including Veeder-Root ISD shall be installed, operated, and maintained in accordance with the ARB Approved Installation, Operation, and Maintenance Manual. A copy of this Executive Order and the ARB Approved Installation, Operation and Maintenance Manual shall be maintained at each GDF where a certified VST Phase II EVR System Including Veeder-Root ISD is installed. VST Phase 11 EVR System Including Veeder-Root ISD — VR -204-C -3 - IT IS FURTHER ORDERED that equipment listed in Exhibit 1, unless exempted, shall be clearly identified by a permanent identification showing the manufacturer's name, model number, and serial number. Within 60 days after the issuance of this Executive Order, VST and Veeder-Root shall provide a picture to ARB, in the format designated by the Executive Officer or Executive Officer Delegate, showing permanent identification of each component as listed in Exhibit 1. IT IS FURTHER ORDERED that any alteration in the equipment parts, design, installation, or operation of the system certified hereby is prohibited and deemed inconsistent with this certification, unless the alteration has been submitted in writing and approved in writing by the Executive Officer or Executive Officer delegate. IT IS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the VST Phase II EVR System Including Veeder-Root ISD shall conduct and pass the following tests no later than 60 days after startup and at least once in each twelve month period, using the following test procedures: TP -201.3, Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities (March 17, 1999); TP -201.4, Dynamic Back Pressure (July 3, 2002) in accordance with the condition listed in item 1 of the Vapor Collection section of Exhibit 2; Exhibit 4, Required Items in Conducting TP -201.3; Exhibit 5, Liquid Removal Test Procedure, Exhibit 6, Hydrocarbon Sensor Verification Test, Exhibit 8, Vapor Pressure Sensor Verification Test, Exhibit 9, Determination of VST Processor Activation Pressure, and Exhibit 11, Operability Test Procedure for the Veeder-Root ISD Flow Meter. Shorter time periods may be specified in accordance with local district requirements. Notification of testing, and submittal of test results, shall be done in accordance with local district requirements and pursuant to policies established by that district. Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Executive Officer or Executive Officer delegate, in writing, to yield equivalent results. IT IS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the VST Phase II EVR System Including Veeder-Root ISD shall conduct, and pass, the following tests no later than 60 days after startup using the following test procedure: Exhibit 10, Nozzle Bag Test Procedure. Notification of testing, and submittal of test results, shall be done in accordance with local district requirements and pursuant to the policies established by that district. Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Executive Officer or Executive Officer delegate, in writing, to yield equivalent results. IT IS FURTHER ORDERED that, except as provided above, local districts at their option will specify the testing, related sequencing, and testing frequency of the VST Phase 11 EVR System Including Veeder-Root ISD — VR -204-C -4 - nozzle vapor valves and VST Membrane Processor. If the district requires the nozzle vapor valve be tested, the test shall be conducted in accordance with Exhibit 10, Nozzle Bag Test Procedure. IT IS FURTHER ORDERED that the VST Phase II EVR System Including Veeder- Root ISD shall be compatible with gasoline in common use in California at the time of certification. The VST Phase II EVR System Including Veeder-Root ISD is not compatible with gasoline that has a methanol content greater than 5 percent, an ethanol content greater than 10 percent, or a methyl tert butyl ether (MTBE) content greater than 15 percent. Any modifications to comply with future California gasoline requirements shall be approved in writing by the Executive Officer or Executive Officer delegate. IT IS FURTHER ORDERED that the certification of the VST Phase II EVR System Including Veeder-Root ISD is valid through April 1, 2012. IT IS FURTHER ORDERED that Executive Order VR -204-A issued on April 1, 2008, is hereby superseded by this Executive Order. VST Phase II EVR System Including Veeder-Root ISD certified under Executive Order VR -204-A may remain in use at existing installations. This Executive Order shall apply to new installations or major modification of Phase II Systems with a throughput of more than 600,000 gallons per year. The installation of the Veeder-Root ISD System is not authorized on a GDF with a throughput of less than or equal to 600,000 gallons per year. Executed at Sacramento, California, this Attachments: ��2Cday of July 2008. William V. L-oseutoff, Chief Monitoring and Laboratory Exhibit 1 Equipment List Exhibit 2 System Specifications Exhibit 3 Manufacturing Performance Standards and Specifications Exhibit 4 Required Items in Conducting TP -201.3 Exhibit 5 Liquid Removal Test Procedure Exhibit 6 Hydrocarbon Sensor Verification Test Exhibit 7 Warranty Exhibit 8 Vapor Pressure Sensor Verification Test Exhibit 9 Determination of VST Processor Activation Pressure Exhibit 10 Nozzle Bag Test Procedure Exhibit 11 ISD Vapor Flow Meter Operability Test Procedure VST Phase 11 EVR System Including Veeder-Root ISD - VR -204-C R ne Prnrp.s sa �cV.JT { Memb. R ne Prnrp.s sa �cV.JT Memb. R ne Prnrp.s sa PLEASE NOTE: A pre -application conference is required prior to submittal on all applications. The purpose of the pre -application conference is to determine if the application is ready for submittal. Please call your project manager to schedule a time for the review of your application materials. We suggest you. allow enough time prior to the application deadline to prepare additional information or make changes in case any are needed. Please bring this form to the pre -application meeting for a signature. Include this, orm in your application submittal. Application Request: INSTALLATION OF STATE MANDATED VAPOR SYSTEM TECHNOLOGY AND IN—STATION DIAGNOSTIC EQUIPMENT AT EXISTING ROTTEN ROBBIE FUEL CENTER. Comments: Signed (planner) Date 702 As a part of the application review process, Cihj of Cupertino employees nunj visit your site in order to take photographs, slides and/or videotape. These materials ntmj be shown at a city meeting. Sheet 1 of 10 PRE -APPLICATION FORM Community Development Department 10300 Torre Avenue (408) 777-3308 / Fax (408) 777-3333 CUPERTINQ Cupertino, CA 95014 planning@cupertino.org http://www.cupertino.org/planning I PLEASE NOTE: A pre -application conference is required prior to submittal on all applications. The purpose of the pre -application conference is to determine if the application is ready for submittal. Please call your project manager to schedule a time for the review of your application materials. We suggest you. allow enough time prior to the application deadline to prepare additional information or make changes in case any are needed. Please bring this form to the pre -application meeting for a signature. Include this, orm in your application submittal. Application Request: INSTALLATION OF STATE MANDATED VAPOR SYSTEM TECHNOLOGY AND IN—STATION DIAGNOSTIC EQUIPMENT AT EXISTING ROTTEN ROBBIE FUEL CENTER. Comments: Signed (planner) Date 702 As a part of the application review process, Cihj of Cupertino employees nunj visit your site in order to take photographs, slides and/or videotape. These materials ntmj be shown at a city meeting. Sheet 1 of 10