Has Your State Waived Stage II Vapor Recovery Requirements? Because recent models of most vehicles include vapor recovery technology in the cars and trucks themselves, EPA is allowing states that can demonstrate widespread fleet turnover to remove from their State Implementation Plans Stage II vapor recovery requirements for gasoline-dispensing facilities once state regulations are repealed.
A little history: Stage II vapor recovery is one of the tools states could use in order to attain and maintain air quality standards required by Part C or Title I of the Clean Air Act of 1990. The Stage II Vapor Recovery system was required to be installed in non-attainment areas that did not meet the state and federal air quality standards.
In vehicles that do not have an ORVR system, a Stage II Vapor Recovery system installed on the fuel dispensers is an important thing for anyone who pumps gas to consider. Before awareness was brought to the dangers of these toxic vapors escaping into the atmosphere, there were no measures taken to contain the vapors and dispose of them in an environmentally friendly way. Eventually, a method was developed that let the vapors flow back into the gasoline pump as the gas pumped into a vehicle. This development signified great progress but soon became unnecessary as cars become more technologically advanced and were able to treat these vapors themselves.
In 1994, automobile manufacturers were required ito install an ORVR system for the vehicles sold in the United States. ORVR Implementation was broken down into four phases starting with Light Duty Vehicles (LDVs) and ending in 2004 Heavier-Light Duty Trucks (LDTs).
Now, we are looking at regulation changes: As of May 16, 2012 the EPA waived the requirement for states to implement Stage II Vapor recovery systems at gasoline dispensing facilities. For a state-with the EPA’s approval-to revoke this regulation they must request to remove the program from their State Implementation Plan (SIP). The reason for this change is that the majority of cars that were built after 1996 have the means to safely control the vapor so it does not escape into the environment. Many of these states require pre-established gas pumps to keep the old technology but allow new or renovated gas pumps to forgo this extra amenity.
Due to the changing regulations, there is a need to constantly be aware of what each of the states, and in some instances local agencies, are requiring. The list below has been compiled to show the status of each state, and we have linked to the state websites and actual documentation where possible so you may review data from the source:
Alabama Updated 9/13/12
Alabama has not waived Stage II Installation requirements in local rules.
Alaska Updated 9/13/12
We do not have information at this time.
Arizona Updated 9/13/12
Arizona has not waived Stage II Installation requirements in local rules. The Stage II vapor recovery program is implemented by the Arizona Department of Weights and Measures.
California Updated 9/14/12
California has not waived Stage II Installation requirements in local rules. The California Environmental Protection Agency (CalEPA) still requires the operation of stage II vapor recovery systems throughout the state. They are expected to keep this regulation until 2020-2030.
Colorado Updated 10/23/12
Colorado has not waived Stage II Installation requirements in local rules. Stage II vapor recovery is not required in Colorado, but systems are used in certain isolated locations in this state.
Connecticut – YES Updated 7/23/13
Connecticut has waived Stage II Installation requirements in local rules for newly constructed GDF as of 2/12/2012. The Department of Energy and Environmental Protection (DEEP) has found that the Stage II vapor recovery program is quickly becoming obsolete and soon will no longer provide air quality benefits. Governor Dannel Malloy signed a bill into law June 18, 2013, that allows gasoline dispensing facilities (GDFs) in the state to decommission Stage II vapor recovery systems provided the procedures outlined in PEI’s Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle-Fueling Sites (PEI/RP300-09) are followed. All GDFs must remove Stage II equipment on or before July 1, 2015.
DC Updated 9/14/12
DC has not waived Stage II Installation requirements in local rules. When the EPA’s vapor recovery program was required, DC was subject to these regulations because they were a part of the Ozone Transport Region (OTR). DC adopted these regulations in November of 1992 and although the EPA has found that Stage II vapor recovery’s effectiveness is decreasing, DC still requires the systems to be maintained.
Delaware Updated 9/13/12
Delaware has not waived Stage II Installation requirements in local rules. Any gasoline dispensing facility that ever exceeds a throughput of greater than 10,000 gallons of gasoline will be subject to all the requirements of the Delaware regulation. This regulation requires a gasoline dispensing facility to maintain a Stage II vapor recovery system.
Florida Updated 9/13/12
Florida has waived Stage II Installation requirements in their local rules. They do not require Stage II installation on facilities installed after 5/15/2007 in Palm beach county, Broward county, and Miami-Dade county.
Georgia Updated 9/13/12
Georgia has not waived Stage II Installation requirements in local rules. Currently Georgia’s Stage II gasoline vapor recovery rule prohibits any person from constructing or reconstructing a gasoline dispensing facility unless the “facility is equipped and operating with a vapor recovery system to recover the displacement vapors from the vehicle’s gasoline storage tank.” Rule 391-3-1-.02(2)(zz)(1). There are different requirements in the separate counties of Georgia. Knowledge on your area’s gasoline dispensing facility is key to understanding Georgia’s requirement. Current Georgia regulations can be found here.
Hawaii Updated 10/23/12
Hawaii does not require Stage II vapor recovery controls.
Idaho Updated 10/23/12
Idaho currently does not require Stage II vapor recovery controls.
Illinois Updated 9/18/12
Illinois has not waived Stage II Installation requirements in local rules. Any new station in Cook, DuPage, Kane, Lake, McHenry and Will Counties, Oswego Township in Kendall County and Goose Lake and Aux Sable Townships in Grundy County with average sales of 10,000 gallons of gasoline per month or an existing station thats sales exceed 10,000 gallons of gasoline average per month must install and operate a Stage II vapor recovery system.
Indiana Updated 9/13/12
Indiana has not waived Stage II Installation requirements in local rules. This state however, has passed a non-rule policy that Stage II vapor recovery requirements do not apply to used exclusively for dispensing E85 blended fuel.
Kansas Updated 10/23/12
Stage II vapor recovery controls are not required in Kansas.
Kentucky Updated 9/13/12
Kentucky has not waived Stage II Installation requirements in local rules. Stage II controls are still required at gasoline dispensing facilities in Kentucky. 401 KAR 59:174 holds the official requirements for these facilities.
Louisiana Updated 9/14/12
Louisiana has not waived Stage II Installation requirements in local rules. Stage II vapor recovery controls are required in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee and West Baton Rouge. On March 3, 2008, LAC 33:111.2132.B.5’s ban on the dispensing of motor vehicle fuel without a “Stage II recovery system certified by CARB on or before March 31,2001” does not apply to segregated E85 dispensing systems which can only dispense E85 to vehicles.
Maine Updated 9/13/12
Maine has waived Stage II Installation requirements in local rules. As of November 5, 2008, Maine counties York, Cumberland, and Sagadahoc were required to operate a Stage II vapor recovery system if any gasoline dispensing facilities exceeded 1,000,000 gallons of output per year. In 2008, Maine law also enacted to repeal the recovery requirement for all gasoline facilities by January 1, 2012. (38 MRSA Section 585-E) They also exempted any facilities from this regulation if the facility exceeded the minimum threshold annual throughput or was constructed after June 30, 2008. As of April 3, 2011 Maine’s air rules require the removal of the Stage II system by January 1, 2012 as decreed by Chapter 118 in the rules.
Maryland Updated 9/13/12
Maryland has not waived Stage II Installation requirements in local rules. They even require tests to be performed on the vapor recovery system ranging from every twelve months to every five years.
Massachusetts – YES Updated 7/23/13
In 2009 the MassDEP amended 310 CMR 7.24 to exempt refueling facilities that dispense E85from Stage II requirements. On April 27, 2012, an amendment was proposed to 310 CMR 7.24(9) that facilities which refuel corporate and commercial fleets exclusively should be exempt from the Stage II requirements.
The Massachusetts Department of Environmental Protection has decided to exercise its enforcement discretion to allow all motor vehicle GDFs to decommission their Stage II vapor recovery systems. Beginning July 1, 2013, facilities may decommission their Stage II systems, provided that the facility meets the conditions set forth in its June 21, 2013, enforcement discretion directive. The directive requires, among other things, that the GDFs decommission their Stage II systems according to PEI’s 2009 edition of PEI/RP300.
Michigan Updated 9/18/12
Michigan has waived Stage II Installation requirements in local rules. As of April 2011, the state requirements and the new federal rule do not require Stage II vapor balance systems.
Minnesota Updated 10/23/12
Minnesota does not require Stage II vapor recovery; there are no designated ozone nonattainment areas in the state.
Mississippi Updated 10/23/12
There are no ozone nonattainment areas in Mississippi that require Stage II vapor recovery.
Missouri Updated 9/13/12
Missouri has not waived Stage II Installation requirements in local rules. Stage II vapor recovery is required by Missouri Regulation 10 CSR 10-5.220.
Montana Updated 10/23/12
Montana does not require Stage II vapor recovery because there are no designated nonattainment areas within the state.
Nebraska Updated 10/23/12
Nebraska currently has no nonattainment areas and does not require Stage II vapor recovery.
Nevada Updated 10/23/12
Stage II vapor recovery currently is required in Las Vegas and Reno counties.
New Hampshire Updated 9/13/12
New Hampshire has waived Stage II Installation requirements in local rules. Rule 1404.17 exempts stations installed after 1/1/2012 and allows existing to remove Stage II by 12/22/2015.
New Jersey Updated 9/18/12
New Jersey has not waived Stage II Installation requirements in local rules. A gasoline station may only be in operation if it is equipped with a vapor control system.
New Mexico Updated 10/23/12
Donna Anna county is the only ozone nonattainment area that requires Stage II controls in New Mexico.
New York Updated 9/13/12
New York has not waived Stage II Installation requirements in local rules. The Department of Environmental Conservation (DEC) is responsible for regulating gasoline vapor releases at gasoline dispensing sites and from gasoline transport vehicles. The counties of Suffolk, Nassau, Rockland, Westchester, and lower Orange, and New York City are required to maintain Stage II vapor recovery systems according to 6NYCRR Part 230. The owner or operator of each dispensing site is responsible for maintaining the equipment. Recently, the state of New York has found that the emission benefits of Stage II no longer justify the the cost of installing new systems or maintaining existing ones. The DEC is currently working to repeal Stage II requirements.
North Carolina Updated 9/13/12
North Carolina has waived Stage II Installation requirements in local rules. Title 15A, chapter 2 Subchapter 2D, section 900, rule 953 & 954 were repealed in 2009. These rules required a stage II VR to be installed. 2.0953 specifically applies to facilities located in Mecklenburg County. It states that any facility built after June 30, 1994 or if a new tank is added after that date it must comply with the regulations for vapor return piping for stage II vapor recovery. 2.0954 regulates the control of gasoline vapors at the vehicle fill-pipe during refueling operations. These rules were repealed on April 19, 2009.
North Dakota Updated 10/23/12
There are no ozone non-attainment areas in North Dakota; the state does not require Stage II vapor recovery.
Ohio Updated 9/13/12
Ohio has not waived Stage II Installation requirements in local rules. However, the Ohio EPA is working to waive the Stage II requirements.
Oklahoma Updated 9/13/12
Oklahoma has not waived Stage II Installation requirements in local rules.
Oregon Updated 9/13/12
Oregon has not waived Stage II Installation requirements in local rules. Though the state only requires these vapor recovery programs in the Portland metropolitan area (Multnomah, Clackamas and Washington counties).
Pennsylvania Updated 9/13/12
Pennsylvania has waived Stage II Installation requirements in local rules. New law (Act-135), signed on July 5, 2012, requires review of compliance strategy. The Pennsylvania DEQ will not enforce Stage II VR requirements on new installations with the Stage II VR Regs due to increased throughput.
Rhode Island Updated 9/14/12
Rhode Island has not waived Stage II Installation requirements in local rules. Currently, Stage II vapor recovery controls are required for all gas stations that were constructed or substantially modified after Nov. 15, 1992. Gas stations built before that date that have or have had a monthly throughput of more than 10,000 gallons in any one month after Nov. 1991 also must comply.
South Carolina Updated 10/23/12
South Carolina currently does not require Stage II vapor recovery controls.
South Dakota Updated 10/23/12
South Dakota does not currently require Stage II vapor recovery controls.
Tennessee Updated 9/13/12
Tennessee has not waived Stage II Installation requirements in local rules. Gasoline dispensing facilities in Davidson, Rutherford, Sumner, Williamson, and Wilson Counties are required to maintain vapor recovery requirements if they sell more than 10,000 gallons of gasoline in any one month. Independent small business marketers of gasoline are only required to install Stage II vapor recovery controls if they sell 50,000 or more gallons of gasoline in any month. A Tennessee rule-1200-3-18-.24-(4)-requires for these systems to be tested for vapor tightness ever five years.
Texas Updated 3/20/14
3/20/2014: The EPA approved the Texas State Implementation Plan (SIP) to decommission Stage II Vapor Recovery. The final rule is available at http://www.regulations.gov Docket # EPA-R06-OAR-2013-0439. The effective date for this rule is 4/16/14.
1/21/2014: Texas published that the rules for Stage II Vapor Recovery equipment removal
have been written, and are waiting on EPA approval. Removal may not begin until a minimum of 30 days after approval is received. The TCEQ approved the proposal to the Environmental Protection Agency (EPA) to waive the requirement to implement Stage II in five counties near the Dallas – Fort Worth area; Ellis, Johnson, Parker, and Rockwall on April 11, 2012. On May 16, 2012 the Texas Commission on Environmental Quality (TCEQ) withdrew their proposed revision to the Stage II Vapor Recovery Program. Texas’ current Vapor Recovery Program does contain exemptions. For example, a facility that has never dispensed gasoline from stationary storage tanks is exempt from following the Stage II Vapor Recovery requirements.
Utah Updated 10/23/12
Stage II vapor recovery controls are not required in Utah.
Vermont Updated 9/13/12
Vermont has not waived Stage II Installation requirements in local rules. A law passed by Vermont Legislature (10 V.S.A. §583) in 2009 decreed that gasoline stations in Vermont will no longer be required to operate and maintain Stage II vapor controls by January 1, 2013. In many cases, Stage II will not need to be installed before January 1, 2013.
Virginia Updated 9/13/12
Virginia has not waived Stage II Installation requirements in local rules. No proposals to waive the requirements have been seen. The only activity from Virginia legislature on the vapor recovery was in January of 1993 when Stage II was first implemented.
Washington Updated 9/14/12
Washington has not waived Stage II Installation requirements in local rules. Starting January 24, 1998, Stage II vapor recovery programs were mandatory in various counties of Washington state. These programs were required if the annual throughput exceeded 1.2 million gallons in Cowlitz and Thurston counties. In Kitsap county, if the annual throughput is greater than 840,000 gallons and in Clark, King, Pierce, and Snohomish counties if the throughput is more than 600,000 gallons, a Stage II system must be installed by December 31, 1998. Gasoline dispensing facilities in all counties must abide by the regulation if their throughput is over 1.5 million gallons and is close to a resident.
West Virginia Updated 10/23/12
Stage II controls are currently not required in West Virginia.
Wisconsin Updated 9/14/12
Wisconsin has not waived Stage II Installation requirements in local rules. Specifically, vapor recovery is required in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties. The owner or operator of the gasoline dispensing facility is responsible for making sure the vapor recovery equipment is is working properly. There are exemptions available from this program for facilities that never dispense more than 10,000 non-retail, or 50,000 retail, gallons of gasoline per month.
Wyoming Updated 10/23/12
Wyoming currently does not require Stage II vapor recovery controls.
Guam Updated 9/13/12
We do not have information at this time.
Puerto Rico Updated 9/13/12
We do not have information at this time.
Virgin Islands Updated 9/13/12
We do not have information at this time.