Fuels

EPA Proposes Stage II Waiver Criteria

Pegs June 30, 2013, as "widespread use" date for onboard refueling vapor recovery

WASHINGTON -- The U.S. Environmental Protection Agency (EPA) has issued a proposal under the Clean Air Act that would waive requirements for Stage II vapor control systems at gas station pumps by June 30, 2013, and potentially save affected stations more than $3,000 annually.

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Since 1994, [image-nocss] stations in certain areas have been required to use gasoline vapor recovery systems; however, as required by the Clean Air Act, automobile manufacturers began installing onboard refueling vapor recovery (ORVR) technologies in 1998, making stations' systems redundant. Since 2006, all new automobiles and light trucks (pickups, vans and SUVs) are equipped with ORVR.

The Clean Air Act allows EPA to establish criteria for waiving federal requirements for vapor recovery systems on gasoline pumps when ORVR systems are widely available in the vehicle fleet. EPA is proposing to establish June 30, 2013, as the date of "widespread use" by which a sufficient portion of the vehicle fleet will be equipped with such technology.

States that meet the new criteria would have the option to do away with vapor recovery systems at the pump since an estimated 70% of all vehicles will be equipped by then with onboard systems that capture these vapors.

Air quality and public health would still be protected, the EPA said.

EPA will accept comment on the proposal for 60 days after publication in The Federal Register.The Petroleum Marketers Association of America (PMAA) and other industry associations have been urging the EPA to define widespread use for more than 10 years, PMAA said in a news alert.

"Gasoline retailers have endured significant costs installing and maintaining Stage II systems," said Dan Gilligan, PMAA president. "Establishing a date certain gives PMAA's state associations the opportunity to begin concrete discussions with state government agencies about dismantling Stage II."PMAA noted the following highlights: Widespread use will be achieved nationwide including in those areas of serious, severe and extreme nonattainment by June 30, 2013. The EPA will waive CAA Stage II requirements for all areas nationwide on this date and preclude any Stage II requirements for new nonattainment areas designated after January 1, 2011. The EPA will allow removal of Stage II requirements before June 30, 2013, if states demonstrate that widespread use has occurred within the state. The EPA sets out analytical approaches states must meet to demonstrate widespread use for early removal requests. The EPA will not allow states to drop Stage II before June 30, 2013, if it would affect attainment status or increase in VOC emissions that violate existing ozone limits. States have the option to continue with Stage II requirements after the June 30, 2013, waiver date. States must file a revised SIP plan in order to remove Stage II requirements. The EPA is not proposing to eliminate Stage II in the Northeast Ozone Transport Region (OTR). Stage II was imposed in the OTR under a different section of the Clean Air Act than the rest of the country. Stage II cannot be removed by states in the OTR even where widespread use has been achieved, until the states adopt measures to reduce emissions that are at least equivalent to Stage II controls. The proposal is part of the Obama Administration's initiative to review outdated and redundant rules and ensure that regulations are beneficial without being unnecessarily burdensome to American businesses, the EPA said.

Click hereto read the full text of the proposed rule. Andclick here for more details.

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