Fuels

Clearing the Air

Deal to help California station owners comply with CARB regs
SACRAMENTO , Calif. -- California lawmakers struck a compromise last week to help gas stations struggling to comply with costly new clean-air regulations at a time of tight credit and declining profits, reported The San Diego Tribune. Under legislative pressure, local air districts have agreed to concessions for stations that could not meet the April 1 deadline, including a cap on fines and a refund of most penalties already collected. In return, lawmakers will not permanently weaken the statewide regulations that require stations to install new dispenser hoses and underground [image-nocss] pollution-control systems.

"We had no desire to put anybody out of business or create undue financial hardship," Senate President Pro Tempore Darrell Steinberg (D) told the newspaper. "But we didn't want to just wipe away environmental laws."

He also issued the following statement regarding actions taken to help gas stations in California meet the Enhanced Vapor Recovery requirements issued by the California Air Resources Board (CARB):

"Ensuring that California small businesses can comply with the California Air Resources Board's Enhanced Vapor Recovery (EVR) requirements for gasoline service stations is the right thing to do in this economic climate."

"I applaud today's action by the Senate Environmental Quality Committee today to pass AB 96 (Ruskin), a bill that will provide $8 million in nongeneral fund dollars to help station owners upgrade their equipment to comply with these necessary environmental and health protections."

"Coupled with voluntary action by the pollution control officers to limit penalties for out of compliance service stations, this measure will help some small-business owners weather these difficult times while not compromising public health and California's air quality. I would like to thank the local air districts for working with the Legislature and for committing in writing to cap fines on stations and refunding some penalties already collected."


Assemblyman Martin Garrick (R), a leading defender of station owners, supported the deal, said the report. "It just makes sense that air districts would agree to work with station owners instead of fining them or closing them down. When stations close down, it hurts everyone; prices go up for consumers, people are laid off, and business owners lose their investments," he told the paper.

CARB in 2000 adopted new standards to control the amount of pollution released each time motorists fill up, and provided stations with extensive lead time, according to the report.

State officials siad about 70% of the state's more than 11,000 stations have complied or are close to doing so.

But granting extensions drew fire among air-quality advocates who did not want to see important clean-air rules undercut. Others argued that those escaping penalties would have an unfair competitive advantage over owners who invested in systems that can cost more than $50,000 per station. The agreement will provide relief for station owners who acted in good faith to comply but could not secure financing, find contractors or obtain a construction permit before the April 1 deadline, the report said.

Penalties will be capped at $1,000 until December 31, and fines already collected in excess of $1,000 will be returned, said the Tribune.

Even before the compromise, the San Diego County Air Pollution Control District had not issued any fines nor cited any stations for noncompliance, said the report. "We're trying to be as business-friendly as possible," Robert Kard, the county's air pollution control officer, told the paper.

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