July 15, 2011 | Vol. 61, No. 15

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Dear PEI Member:

The U.S. Environmental Protection Agency (EPA) issued a proposed rule under the Clean Air Act (CAA) that would set June 30, 2013, as the date when onboard vapor recovery (ORVR) technologies would be in "widespread use," clearing the way for removal of Stage II vapor recovery systems. The proposal was signed by EPA Administrator Lisa P. Jackson on July 8 and published in the Federal Register today.

Under the CAA section 182(b)(3), Stage II vapor recovery systems are required to be used at larger gasoline dispensing facilities located in Serious, Severe and Extreme ozone nonattainment areas. Within 24 months from the effective date of the initial designation and classification, states had to adopt a Stage II program into their State Implementation Plans (SIPs), and controls had to be installed according to specified deadlines following state rule adoption.

However, the CAA provides discretionary authority to the EPA Administrator, by rule, to revise or waive the section 182(b)(3) Stage II requirement after the administrator determines that ORVR is in widespread use throughout the motor vehicle fleet. EPA began the phase-in of ORVR in 1998. Currently, ORVR-equipped vehicles comprise 64 percent of the in-service fleet nationwide and account for around 74 percent of the vehicle miles traveled in the nationwide fleet.

Based on EPA's evaluation of the available data and appropriate criteria for determining that widespread use of ORVR has occurred, EPA is proposing a determination of widespread ORVR use and a general waiver of the section 182(b)(3) requirement effective nationwide, on June 30, 2013. If promulgated, it would apply to any area that currently requires a Stage II program under section 182(b)(3). It is important to remember that states must file a revised SIP in order to remove Stage II requirements.

EPA also proposes that individual states―with or without existing Stage II programs―may separately submit SIP revisions to EPA that demonstrate that ORVR widespread use has occurred―or will occur―on a date earlier than June 30, 2013, for any areas in their states, and request that the EPA revise or waive the section 182(b)(3) requirement as it applies to only those areas.

EPA's proposal also provides that:

States may prepare and submit SIP revisions before June 30, 2013, so EPA can review and approve such revisions as soon as possible after June 30, 2013.
States remain free under CAA section 116 to choose to implement Stage II programs in any area, and would not be forced to remove existing Stage II provisions from a SIP. EPA suggests that jurisdictions that choose to continue using Stage II systems after the widespread use date should consider taking appropriate actions to correct any excess emission incompatibility between ORVR and vacuum assist Stage II systems.
States in the Northeast Ozone Transport Region (OTR) are subject to a separate Stage II-related requirement, which will remain in place even after the ORVR widespread use determination is made. Stage II vapor recovery can only be removed in OTR states when those states have adopted measures to reduce emissions that are at least equivalent to Stage II controls.

EPA will accept comments through September 13. PEI is reviewing the proposal and will submit comments.

SEVEN MEMBERS ELECTED TO PEI BOARD; RUNOFF IN ONE DISTRICT
The tabulation of ballots has been completed in the nominating election of PEI board members from our odd-numbered districts and the service & construction division. Four members received enough votes in the nominating stage of the election process to be elected to the board without having to participate in a runoff election. Three members ran unopposed and already have been certified winners by the PEI Election Commission. The two nominees from District 11 who received the greatest number of points now go into a runoff election. Ballots for the runoff will be mailed July 20. Here are the election results, according to Bruce Larson, The Oscar W. Larson Co., Clarkston, Michigan, chairman of the PEI Election Commission.

EPA Proposes Rule Clearing Way for Removal of Stage II VR Equipment

Election Results: PEI Board of Directors

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Distributor District 1 - The new director is James Ether, R. M. Dalrymple Co., Inc., Saratoga Springs, New York.

Distributor District 3 - The new director is Joey Batchelor, Guardian Fueling Technologies, Jacksonville, Florida.

Distributor District 5 - The new director is Mike Hoffman, Mike Hoffman's Equipment Service, Inc., Mobile, Alabama.

Distributor District 7 - The new director is Bret Swan, Minnesota Petroleum Service Inc., Minneapolis, Minnesota.

Distributor District 9 - The new director is John Moore, Banks & Co., Fresno, California.

Manufacturer District 11 - The two nominees in the runoff are Bret Carlyle, Hamilton Tanks, Columbus, Ohio, and Brian Shelton, Clawson Tank Company, Clarkston, Michigan.

Manufacturer District 13 - The new director is Paula Russell, Goodyear Engineered Products, Fairlawn, Ohio.

Service & Construction Division - The new director is Christopher Lawson, McCon Building and Petroleum Services, Irving, Texas.

Visit our website for information on PEI's current board of directors.

MEMBERSHIP APPLICATIONS
Bulk fluid dispensing equipment manufacturer. Badger Meter, Inc., 4545 West Brown Deer Road, Milwaukee, Wisconsin 53223, has applied for manufacturer division membership. Pete Vander Grinten is marketing manager for the firm, which was established in 1905. The company manufactures bulk fluid dispensing equipment which is sold through distributors. Sponsored for PEI membership by Bill Parker, Lincoln, St. Louis, MO. www.badgermeter.com
Third-party certification agency. Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, Illinois 60062, has applied for affiliate division membership. Thomas Walker is business development manager for the firm, which was established in 1894. Sponsored for PEI membership by Doug Hatch, ICC, Whittier, CA. www.ul.com
Maryland environmental engineering firm. Datanet Engineering, Inc., 11416 Reisterstown Road, Ownings Mills, Maryland 21117, has applied for service and construction division membership. Andrew V. Cignatta is project manager for the firm, which was established in 1983. The firm is a specialty corrosion and environmental engineering firm. Sponsored for PEI membership by Galen C. Heaps, PetroSupMD, Elkridge, MD. www.datanetengineering.com
Oman construction company. A M International, P. O. Box 307, Postal Code 322, Falaj Al Qabail, Oman, has applied for service and construction division membership. A. Kumar is general manager for the firm, which was established in 2005. The company builds fueling stations and car washes in Oman. Sponsored for PEI membership by Lisa Lovering, OPW-FCS, Smithfield, NC.

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The TulsaLetter (ISSN 0193-9467) is published two or three times each month by the Petroleum Equipment Institute. Robert N. Renkes, Executive Vice President, Editor. Opinions expressed are the opinions of the Editor. Basic circulation confined to PEI members.