Tag Archives: Vapor Recovery

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Stage II Vapor Recovery in Texas

Federal Register imageThe 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.

Should you have any questions, reach out to our Regulatory Affairs Manager, Brian Harmon. TAIT’s long history with fuel systems makes us an ideal candidate for consulting work and being an information resource for you.

The Federal Register Federal Register /Vol. 79, No. 51 /Monday, March 17, 2014 /Rules and Regulations lists the details, and you can learn more in our previous blogs:

TCEQ Publishes Changes Coming for Stage II Vapor Recovery Systems
TCEQ & Decommissioning Stage II
TCEQ Proposing to Decommision Stage II Vapor Recovery
Has Your State Waived Stage II Vapor Recovery Requirements?

TCEQ Publishes Changes Coming for Stage II Vapor Recovery Systems

The TCEQ – Texas Commission on Environmental Quality‘s publication The Advocate – writing for and about small businesses and local governments affected by environmental regulations published this update regarding the removal of Stage II Vapor Recovery equipment. The rules are written, but are awaiting approval by the EPA. Removal will not begin until a minimum of 30 days after approval. Even with approval to remove the equipment, costs may restrict many owner/operators of fuel dispensing facilities to retain the equipment they have.

TCEQ Publication "The Advocate" for and about small business and local governments affected by environmental regulationsWhen the Federal Clean Air Act was written, it prescribed stage II vapor recovery systems be used until onboard vapor recovery canisters on vehicles were in widespread use. EPA has determined that onboard canisters on vehicles are now in widespread use, which will allow states to develop a procedure for removing or decommissioning stage II systems. The procedure must be approved by the EPA.

The TCEQ has completed revising the rules and they are being reviewed by the EPA. Decommissioning may not begin until 30 days after the EPA approves the modified TCEQ rules. We have been working closely with EPA in this process and we expect the EPA to approve the TCEQ rules sometime in the first half of 2014. In the meantime, you must maintain Stage II vapor recovery system equipment and testing.

Information will be sent to all owners and operators when the EPA approves the TCEQ rules. The updated information will be available online.

You can receive updates by e-mail: on the TCEQ home page, click on “sign up for e-mail updates” and after logging in, click on “Regulatory Announcements for Small Businesses and Local Governments.”

If you have any questions about Stage II Vapor Recovery requirements in Texas or other states, Contact Us to learn more. Our Regulatory Affairs Manager, Brian Harmon is a subject matter expert and will be happy to help answer questions or address scenarios where you may want to make changes at your facilities. TAIT has experience at all levels with Stage II Vapor Recovery Systems.

Previous Blogs:

TCEQ & Decommissioning Stage II

TCEQ Proposing to Decommision Stage II Vapor Recovery

Has Your State Waived Stage II Vapor Recovery Requirements?

2013 PEI/NACS Show

2013 PEI/NACS show

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Dennis Tweedy, Billy Watroba and Melanie Nelson attended the NACS show this year, and were joined by a close subcontractor of ours, Katie Seaborn from American Containment Services, Inc.

The 2013 PEI/NACS show, the biggest exposition of fuel handling equipment in the world, lasted from October 12-15 in Atlanta, Georgia. This was the largest NACS show in their history, with 1,050 companies in a attendance making it the 48th largest trade show this year. Over 20,000 people gathered to view and buy the latest advances not only in the convenience store industry, but also in the petroleum business. Every year PEI members convene to discuss, display, and market innovative technologies and services, keeping the industry on the cutting edge. As a bonus, the connections made throughout the convention help to expand and improve businesses, which leads to a greater, more efficient petroleum industry, and where better to have it than in the middle of the #1 buying show in the country. The educational sessions at the NACS show provided extensive information about the highly competitive and illustrious convenience industry. Topics covered in these sessions included:FPImage(10)

  • traditional vs. digital marketing
  • cyberespionage
  • good financing
  • data-driven product positioning
  • the impacts of health care reform
  • customer engagement
  • social media, and much more!

To read more about the topics covered in these sessions visit NACS Educational Sessions, and to learn more about the PEI/NACS Show visit their website. Click here to learn more about the Petroleum Equipment Institute (PEI). For those who are interested, the  following is a video preview of what the PEI/NACS show is all about:

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TCEQ & Decommissioning Stage II

TCEQ & Decommissioning Stage II

The TCEQ has been busy hearing public comments all over the state last week and this week. Did you submit comments?

The only comment I have heard so far from our Regulatory Affairs Manager is

115.241(b)(4) – Add TXP-101 as a test requirement. Some vapor space manifolds may have been achieved through the Vapor Return piping. One of the current proposed requirements is to disconnect the vapor return piping from the UST.

Take a look at the current Proposed revisions to Chapter 115, and let us know your thoughts. Keep in mind that they may change after hearing the public comments, commission requirements or getting final EPA approval.

Resources:

If you have any questions, contact Brian Harmon and get the dialogue going. TAIT has extensive experience in installing and removing VR equipment, as our largest branches are in California and we have the experience of operating under many of the stricter EPA guidelines for years. We look forward to hearing from you!

TCEQ Proposing to Decommision Stage II Vapor Recovery

TCEQ have filed revisions to Chapter 115 with the Chief Clerk that will eliminate stage II Vapor Recovery systems on new UST installations and allow existing locations to remove the Stage II Vapor Recovery systems. These revisions have to be approved by the commission before being submitted to the Texas Register for public comment. Typically they will be adopted by the commission 20 days after they are submitted to the Texas Register.

Texas has also submitted a revised State Implementation Plan with the EPA. Upon EPA Approval and adoption by the commission the revisions will be made to Chapter 115.

To view the current Proposed revisions to Chapter 115 click here. Keep in mind that they may change due to public comment, commission requirements or getting final EPA approval.

UPDATE: The commission will hold public hearings on this proposal at the following locations, all hearings will begin at 2:00 p.m.

Tuesday, May 28, 2013 – El Paso, Texas, at the El Paso Public Library, Auditorium, located at 501 N. Oregon;

Thursday, May 30, 2013 – Beaumont, Texas, at the TCEQ Region 10 Office, located at 3870 Eastex Freeway;

Friday, May 31, 2013 – Houston, Texas, at the Houston Galveston Area Council, 2nd Floor Room A, located at 3555 Timmons;

Monday, June 3, 2013 – Arlington, Texas, in the Arlington City Council Chamber, located at 101 W. Abram Street;

Tuesday, June 4, 2013 – Austin Texas, at the TCEQ Central Office, Building E, Room 201.

Indiana Comment Period Open Re: Removal of Stage II Vapor Recovery Equipment

The Indiana Department of Environmental Management (IDEM) has published a First Notice of Comment Period concerning amendments to Indiana’s rules related to Stage II gasoline vapor-recovery system requirements. The amendments would remove Stage II requirements and references from the rules in a manner consistent with U.S. EPA guidance.

U.S. EPA has determined that emission reductions from ORVR are essentially equal to and will soon surpass the emission reductions achieved by Stage II requirements. U.S. EPA has, therefore, waived the requirement for states to implement Stage II gasoline vapor recovery systems at gasoline dispensing facilities (GDFs) in nonattainment areas classified as Serious and above for the ozone national ambient air quality standards (NAAQS).

IDEM is requesting comment on the phase-out of the state’s Stage II requirements, in particular as they relate to newly constructed or reconstructed gasoline dispensing facilities (GDFs) and GDFs that replace equipment.

This rulemaking will amend rules concerning permitting by rule for specific source categories, including gasoline dispensing operations at 326 IAC 2-11-2, and rules concerning petroleum sources, including GDFs, at 326 IAC 8-4-6. Specifically, Stage II requirements and references will be removed from the rules in a manner consistent with U.S. EPA guidance. IDEM is requesting comment on the phase out of state Stage II requirements, in particular as it relates to newly constructed or reconstructed GDFs and GDFs conducting equipment replacement.

The comment period deadline is January 11, 2013. Additional information regarding this action may be obtained from Ryan Knapick, Rule and State Implementation Plan Development Section, Office of Air Quality, (317) 232-8229 or (800) 451-6027 (in Indiana).

Meet Brian Harmon – Regulatory Affairs Manager at Tait

Brian Harmon helped author the newly published PEI Recommended Practice 1200. Proposed EPA regulatory changes makes the content of this manual especially valuable. Brian served as part of the PEI Overfill, Leak Detection and Release Prevention Equipment Testing Committee and was very important in the publication of this manual, entitled, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities. 

Want to get to know a little more about Tait’s Regulatory Affairs manager, Brian? He shares with us his story, below:

I graduated high school in 1976. When I volunteered for the Navy in 1977 I signed up for 6 years so I could pick the training i wanted. I was a Sonar Technician, went through one year of training. After I completed my training I was stationed on two ships in Yokosuka Japan, the USS Worden CG-18 and the USS Parsons DDG-33. In 1980 I was transferred to San Diego and stationed on the USS Decatur DDG-31. This is when I realized that I like living in Southern California.

USS Worden

USS Worden

After I got out of the Navy in 1983 I went back home to Aldan Pennsylvania to start a new chapter in my life. While I was talking to a friend who I met in the Navy and now  worked for Sunoco, he told me that he got involved testing Underground Storage Tanks. That sounded interesting! Then he said that Sunoco had to sell their Underground Storage Tank division because the EPA wanted the oil companies to conduct third party testing. He said that the new company would be hiring in March and suggested that I apply, which I did. I started my training in Ft Lauderdale, Florida for three months. My new partner and I relocated to Houston, Texas in July where we started covering a new area for the company. We were the only crew in Texas and we were responsible for Texas, Oklahoma, Alabama and Arkansas. I did not realize how big the country was until we started driving  and working. I know I saw a lot of the country but most of it was through the windshield and at night. After 4 months the company decided that they need another crew, sent out a new work truck (for him), hired two more people and promoted me to team lead and gave me the old work truck. My new partner and I moved to the Dallas area and started testing more tanks. During this time I was able to see the learning curve local agencies had to go through to understand the EPA requirements and forming their own regulations and training the field inspectors.

In October 1984 my company started a division based in Los Angeles California. My partner and I were asked to go out to California to help train the new crews. We got so busy that I was flying back and forth between Los Angeles and Dallas for five months when I told my company to pick a state they wanted me to work in. I was hoping for Los Angeles I would be satisfied where I was as long as I did not involve an airplane. My company picked California so in April 1985 I arrived and started working in Southern California.

Once I arrived, I realized that the California regulations were more stringent than the EPA regulations but most of the inspectors did not understand how to apply them. Also I found that two agencies, California Unified Program Agencies (CUPA) established by California EPA and  is responsible for the liquid portion of the UST system, and the California  Air Resources Board (CARB) and is responsible for the emissions portion of the UST system, did not talk to each other. California was also requiring Vapor Recovery (Stage I and Stage II) systems be install at most of the gas stations throughout the state, so I had to learn how to test and repair the equipment as well. I started working with the local inspectors for both agencies, identifying conflicts between the agencies regulations and how the UST equipment works. This is how I got manufacturer training on most of the UST monitoring systems and the vapor recovery equipment.

From 1986 through 1988 I worked with computer developers to get our Tank Testing equipment up to the 1988 standards required by the EPA. In 1988 the Tank testing division was sold and I started working for other companies learning to use new tank testing equipment. During this time I discovered that the test equipment may improve but the equipment is only as good as the technician using it. I was able to help train other technicians so which ever company I was  working for had the best field technicians available. In 1997 I started working in the office scheduling field crews, helping troubleshoot problems or failures, working with the equipment manufacturers and regulators to help our clients stay in compliance and keeping the equipment operational.

In 2000 I joined the Tait family to help start up the compliance testing division.  This is the time that the CARB started the Enhanced Vapor Recovery (EVR) program, which required vapor recovery equipment manufacturers to develop new equipment to meet the standards in the regulations. I continued work with CARB, the equipment manufacturers and the local districts so that the equipment could meet the regulatory requirements. I also helped train our field crews and kept them informed in the ever changing testing and equipment changes. I also worked with CARB to clean up discrepancies in the manufacturer’s Executive Orders that our technicians found while doing the installation and testing of the new equipment. While we were on site our field crews, with our clients’ permission, would help train the local inspectors (CUPA and the Air district) in the new equipment and test procedures. Some of our clients that got in trouble with the state and/or local agencies so Tait helped implement a compliance program to ensure the agencies that our clients will remain in compliance at all of their locations throughout the state. Over time my role at Tait has changed from direct interface with the field crews and local inspectors to talking to the state agencies directly. Due to the 2005 Energy Act other states were revising their regulations. This allowed Tait to start expanding in other states and I started reviewing the various regulations to ensure we maintained our standard of service that we have established in California.

Working at Tait is a great because we offer a wide variety of services that you can’t find at other companies. Having the various services I have been able to become familiar with problems tank owners can encounter besides UST compliance testing. This has allowed me to develop a better relationship with our clients and has helped Tait start up additional service lines for those clients. I love working here and hope to continue for many more years.

Has Your State Waived Stage II Vapor Recovery Requirements?

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.

California Air Resources Board (CARB) Public Hearing

The California Air Resources Board (CARB) is considering amendments to vapor recovery certification and test procedures for underground and aboveground storage tanks including gasoline dispensing facility hose regulation.  CARB has sheduled a public hearing for September 22, 2011 at 9:00 a.m. Pacific time.  Here are the public hearing details:

September 22, 2011, 9:00 am
California Environmental Protection Agency
 Air Resources Board
Byron Sher Auditorium, Second Floor
1001 I Street
Sacramento, California 95814 

Certification by CARB is required in most other states that require vapor recovery at service stations.  Consequently, these amendments can have a national impact.  If you have any questions about the proposed amendments, contact Brian Harmon at TAIT by sending him an email at BHarmon@TAIT.com