Are Some Bay Area Gas Stations Breaking the Law?

If you use one of those clips that lets you automatically pump gasoline into your car, there's a one in 12 chance the gas station you're patronizing is breaking the law.

State officials estimate almost 1,000 of California's 12,000 service stations have not yet complied with an Oct. 15 order from the State Fire Marshal to remove the hands-free pumping clips from so-called VST nozzles.

About 3,000 California stations had those particular nozzles last fall. State officials estimate 70 percent of those stations have complied with the order. That leaves almost 1,000 that haven't.

Stations with the VST nozzles must either remove the clip entirely or install new nozzles that are allowed to have that piece of equipment. The cost of the new nozzles run from $180 to $300 each, plus installation in some cases.

Stations that don't comply faee fines or even the closure of their business.

The issue came to the forefront last fall when the California Air Resources Board reported to the fire marshal that the clips were to blame for 13 spraying incidents last year. A few people were doused by gasoline because of clip malfunctions. The concern was that the clips could pose a fire hazard or contribute to smog formation.

It's unknown how many stations in this region might be out of compliance.

In Union City, the Shell station near Union Landing was in compliance. A Chevron station, however, still had a clip attached. The employee could not comment on the issue. 

The manager of another Chevron station in San Ramon with the clips still installed said the nozzles there are not the kind that fall under the fire marshal's order.

The manager of a Union 76 station in Walnut Creek said he removed the clips last fall, then re-installed them after he replaced the nozzles.

Dimitri Stanich, a public information officer for the air resources board, said all station owners are aware of the order.

"It's not like they don't know," he said. "Some of them just aren't doing it."

The State Fire Marshal's office is responsible for enforcing the order. That department has sent lists of non-compliant stations to local fire districts.

Jay McKeemon, vice president of government relations for the California Independent Oil Marketers Association, said he believes the stations that haven't complied haven't done so simply because of the expense.

"My educated guess is they haven't replaced the nozzles because they can't afford the replacement cost," he said.

McKeemon added industry officials believe there is an equal hazard now from service station customers using other items to brace the nozzles and keep gas pumping.

He also notes some senior citizens and disabled people aren't strong enough to hold the nozzle lever for an extended period of time.

He also said the order was made after 13 spraying incidents occurred in a state where 1 million gas tanks are filled every year.

"It's a strong irritant to us," he said.

Stacey Maloney contributed to this article.