TheBakersfieldCalifornian.com

Service station owners are fuming over an order to remove allegedly faulty hold-open latches from a type of fuel nozzle used by a third of the state's gas stations.

The problem is with a latch manufactured by a company called Vapor Systems Technologies, or VST, which is one of two major suppliers of nozzles in the state. The latches allow customers to pump gasoline without holding onto the nozzle, but some VST nozzles allegedly spray unexpectedly before they're inserted in the vehicle's tank. There have been 13 reports of nozzles with these latches spraying cars, the ground or people with flammable fuel, posing a fire hazard.

Monday the California Office of the State Fire Marshal mandated the removal of VST hold-open latches, affecting about 3,000 gas stations statewide.

But nobody seems to know who's supposed to pay for that removal or for replacement latches if station owners decide they want new ones.

"The state comes up with these strict laws about what kinds of nozzles we can use. We buy the nozzles they require and certify as safe, and then they come back and tell us we have to replace them all," said an exasperated Ajit Bhattal, owner of 24/7 Travel Plaza on Weedpatch Highway.

He estimates it could cost him more than $20,000 to remove and replace all the nozzles at his truck stop.

"The state ought to give us some money or at least a credit for that," he said.

The state says the latch problem didn't come up during certification testing.

Both the State Fire Marshal and the California Environmental Protection Agency's Air Resources Board, which regulates the types of nozzles that can be used legally in the state, declined to comment on who should pay the bill for the fix, saying they focus exclusively on public safety.

So far, manufacturer VST isn't volunteering because it insists its product is not defective.

The company referred an interview request to Los Angeles attorney Todd Sorrell, who said VST has sold more than 35,000 of the disputed latches in California since 2007, and they've been used more than 1 billion times.

In all those years, there have been only 13 reported failures, and all of them involved older latches outside the warranty period, Sorrell said.

He theorized those latches may have been damaged by drivers forgetting to remove a nozzle from the gas tank before driving away.

"We all agree safety is paramount," Sorrell said. "But I think a more measured response is in order."

A better solution would be for the state to enforce routine, regular inspections of nozzles, which are mandated but rarely performed, Sorrell said.

The California Service Station and Automotive Repair Association has written a letter to the Governor's Office, Attorney General, Fire Marshal and state legislators deriding the "ambiguity" of the order, which it says places its more than 1,000 members in an "untenable predicament."

Station owners feel betrayed, said association executive director Sunny Campbell in an interview this week.

"I think most people are confused and kind of in shock right now," he said.

Their reward for complying with a state mandate on which nozzle to buy is to pay $400 to $500 per hose at a time they can least afford it, Campbell said.

Moreover, consumers like the convenience of the latch, so if a station doesn't have one, drivers will take their business elsewhere, he added. Or worse, they'll find a way to hold latches open on their own by rigging handles with wallets, water bottles or whatever else they can find, which poses an even greater safety risk.

VST says it is already working on a modified model with additional safety features, but that nozzle is subject to state approval and is not yet certified.

Gas stations have until Oct. 15 to remove the latches. Until then, authorities are advising consumers to make sure nozzles are already in the gas tank before selecting a fuel grade.