Dear PEI Member:
On May 9, 2012, the U.S. Environmental Protection Agency (EPA) determined
that the use of onboard refueling vapor recovery (ORVR) for capturing
gasoline vapor during refueling of gasoline-powered vehicles is in widespread
use throughout the highway motor vehicle fleet. As a result of this
determination, EPA is waiving the requirement that current and future ozone nonattainment areas classified Serious, Severe or Extreme must implement
Stage II vapor recovery systems on gasoline pumps.
This action by EPA means states that are implementing mandatory Stage II
programs under Section 182(b)(3) of the Clean Air Act (CAA) may submit
revisions to their State Implementation Plans (SIPs) seeking EPA's approval
for gasoline service stations to remove their Stage II control equipment.
EPA says its guidance for states on calculating the emission impacts of
removing this equipment is "forthcoming."
EPA's Stage II vapor recovery program was required in approximately 40
areas in 19 states and the District of Columbia, including ozone
nonattainment areas and in the ozone transport region (OTR). Approximately 30,600 gasoline dispensing
facilities could potentially be affected. California,
which plans to keep its Stage II vapor recovery program in place, is not
included in these totals. The OTR includes 12
northeastern states and the District of Columbia. EPA pointed out in the
final rule that section 184(b)(2) of the CAA separately requires states in
the OTR to adopt and implement control measures that are capable of
achieving emissions reductions comparable to those achievable by Stage II
systems. EPA commented that it is updating its guidance to OTR states to
help them meet the independent "comparable measures" requirement, in light
of its final ORVR widespread use determination.
Other important aspects of this rule:
- The final rule does not require states to remove their Stage II
systems. It allows states to retain their Stage II requirements if so
desired.
- The EPA's Stage I air toxics rule limits emissions of hazardous air
pollutants from gasoline distribution terminals nationwide. The Stage I
requirements remain in effect.
- Numerous commenters on the proposed rule urged EPA to adopt provisions
in the final rule that would exempt new gasoline dispensing facilities
from installing Stage II. EPA pointed out that under the CAA, states adopt
state-specific or area-specific rules, which are then submitted to EPA for
approval into the SIP. These rules are independently enforceable under
state law and EPA cannot unilaterally change legally-adopted state
statutes or rules or otherwise revise an SIP, except in very limited
circumstances. As a result, only the states―not EPA―can change or eliminate SIP-approved state rules that set forth the
compliance dates for newly constructed gasoline dispensing facilities.
- The Administrator's finding that the use of ORVR is in widespread use
throughout the highway motor vehicle fleet will be effective upon
publication in the Federal Register, which is expected within a
week.
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EPA Issues Final Rule on Phasing Out Stage II Vapor
Recovery
Recommended Practice on Testing Electrical Continuity
(RP400) Revised
10,000 Alternative Fuel Stations in U.S.
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The next step in the process is for the states to remove the Stage II
vapor recovery requirement from their regulations and submit revised SIPs to
EPA. Chances are good this process will begin in many nonattainment areas
soon after EPA issues its guidance. When that actually will occur depends on
actions by the individual states. In the meantime, you should familiarize
yourself with the Stage II decommissioning provisions of
Recommended
Practices for Installation and Testing of Vapor-Recovery Systems at
Vehicle-Fueling Sites (PEI/RP300-09). Air quality control
administrators have recently shown a great deal of interest in incorporating
the decommissioning procedures contained in this document in their revised
rules.
PROCEDURE TO TEST ELECTRICAL CONTINUITY (PEI/RP400) REVISED
A rash of refueling fires in 2000 and 2001 caused end-user customers and
their service/testing contractors to become increasingly interested in
procedures used to test electrical continuity in dispenser hose assemblies.
At that time, there were no procedures that were universally accepted by
contractors, customers, manufacturers and regulators. PEI formed a committee
of station owners, regulators and service contractors who responded to the
need by writing the Recommended Procedure for Testing Electrical
Continuity for Fuel-Dispensing Hanging Hardware (PEI/RP400), which was
published for the first time in 2002.
PEI solicited comments to PEI/RP400 earlier this year. Members of the PEI Electrical
Continuity Testing Committee reviewed those public comments and made a few
changes―primarily editorial―to
PEI/RP400. The 2012 edition of Recommended Procedure for Testing
Electrical Continuity for Fuel-Dispensing Hanging Hardware is available
for purchase at www.pei.org/rp400.
Members of the PEI Electrical Continuity Testing Committee who wrote the
document include:
- Blair D. Shwedo, SouthEastern Petroleum Systems, Inc., Charlotte, NC
(chair)
- Bruce Bragg, Catlow Inc., Tipp City, OH
- Clark Conklin, Nebraska State Fire Marshal, Lincoln, NE
- Mike Conner, QuikTrip Corporation, Tulsa, OK
- Brent Erekson, Cochise Contractors, Inc., Phoenix, AZ
- Cathy Kwiatkowski, Oil Equipment Company, Inc., Madison, WI
- Sheldon Schall, Wisconsin Department of Safety and Professional
Services, Madison, WI
- Mark Wilson, Sheetz, Inc., Claysburg, PA
BILL TO ADDRESS E15 LIABILITY CONCERNS IN TROUBLE?
The E15 liability measure introduced recently by Rep. John Shimkus
(R-IL) and supported by the ethanol and oil industry alike ran into trouble
at a hearing last month. Top Democrats and state officials said the bill
would undermine contamination lawsuits resulting from the use of methyl
tertiary butyl ether (MTBE) and
that the language needs to be changed to narrow the types of fuels the
measure would cover without interfering with pending court cases. Shimkus
indicated that he is willing to amend some of the bill's MTBE provisions,
but it is unclear if that will satisfy the bill's critics. Meanwhile, House
Judiciary Committee Chairman Lamar Smith (R-TX) is said to be developing
legislation as an alternative to the Shimkus bill that would narrow
liability protection to refiners and fuel marketers who sell and produce
E15. Companion legislation to the Skimkus bill introduced March 30 by Senators John Hoeven
(R-ND) and Roy Blunt (R-MO) is on hold pending House action, sources say.
NUMBER OF ALTERNATIVE FUEL STATIONS NEAR 10,000 IN U.S.
The U.S. Energy Information Administration (EIA) estimates that there are
currently nearly 10,000 alternative fuel stations in use across the lower 48
states, with another 431 planned. The alternative fuels included in the EIA
estimate are hydrogen, liquefied natural gas (LNG), biodiesel, compressed
natural gas (CNG), higher ethanol-gasoline blends (E85), propane and
electricity. The total includes both private stations and those open to the
public. Here is how the number of stations break down as of March 27, 2012,
according to the U.S. Department of Energy's Alternative Fuels & Advanced
Vehicles Data Center.
ALTERNATIVE FUEL NOTES
Charging electric vehicles is cheaper and produces fewer greenhouse gas
emissions than most gasoline-powered cars, according to a Union of Concerned
Scientists
report released April 16. The report, State of Charge: Electric
Vehicles' Global Warming Emissions and Fuel-Cost Savings Across the United
States, accounted for greenhouse gas emissions from extracting,
processing and transporting fuels as well as from electricity generation.
EPA issued a proposed finding earlier this year stating that palm oil
biofuels do not meet the 20 percent lifecycle greenhouse gas reductions
necessary to qualify as renewable fuels under the Clean Air Act. Biodiesel
produced from palm oil has 17 percent lower life-cycle greenhouse gas
emissions than comparable petroleum fuels, EPA found. Environmental and
scientific groups say EPA's analysis underestimates the greenhouse gas
emissions from palm oil production, while many palm oil groups and companies
say EPA overestimated emissions from palm oil production in its analysis.
REGULATORY BRIEFS
Michigan. Owners of sites with leaking underground storage tanks in
Michigan will have greater leeway to devise and implement cleanup plans,
under legislation (S.B. 528-533; P.A. 108-113) signed May 1 by Governor Rick
Snyder. The legislation amends the Natural Resources and Environmental
Protection Act by deleting requirements that the Department of Environmental
Quality (DEQ) establish a cleanup classification system and audit all
aspects of a site's cleanup plan. Instead, the property owner or other
responsible party will submit a final assessment and closure report to DEQ,
which will have 90 days to decide whether to audit the cleanup.
SPATCO ACQUIRES PALMETTO OIL EQUIPMENT
Southern Pump & Tank Company (SPATCO), headquartered in Charlotte, North
Carolina, has acquired Palmetto Oil Equipment Company, based in Columbia,
South Carolina. The combined companies will operate under the SPATCO name.
Current Palmetto president Robin Neal, a graduate of Clemson University with
more than 30 years of industry experience, will remain with the company as a
senior account executive in South Carolina.
BRIEFLY NOTED
RDM Industrial Electronics, Nebo, North Carolina, has selected
Porter Associates, Inc., West Chester, Pennsylvania, as its 2011 Rep of
the Year. Porter Associates covers the Northeast territory for RDM.
Cumberland Farms Inc. is divesting 16 convenience stores selling
gasoline throughout the Northeast. Cumberland Farms currently operates 589
convenience stores.
MEMBERSHIP APPLICATIONS
California petroleum equipment contractor. Ursa Engineering Inc.,
3963 Eastside Road, Redding, California 96001, has applied for service and
construction division membership. Kevin Post is president of the firm, which
was established in 1996. The company installs and maintains tanks, piping
and other petroleum equipment. Sponsored for PEI membership by Ann Thomas,
PtrMktgEqp, Placentia, CA.
www.ursaengineering.com
EFS West, 28472 Constellation Road, Valencia, California 91355, has
applied for service and construction division membership. Brainy Singh is
the primary contact for the company, which was established in 2003.
The company is a general contractor involved in the construction of CNG/LNG
fueling stations. Sponsored for PEI membership by Ann Thomas, PtrMktgEqp, Placentia, CA.
www.efswest.com
ADMITTED TO PEI
- Anco International Inc., San Bernardino, CA (mfr)
- JohnDow Industries, Barberton, OH (mfr)
- Ecolab, St. Paul, MN (aff)
- Wenzhou Blue Sky Electronic, Wenzhou, China (aff)
- Platt Rogers, Centennial, CO (S&C)
- H&E Group of Services, Fenton, MO (S&C)
- Pump Pipe & Tank Service, Phoenix, OR (S&C)
- T & T Environmental Solutions LLC, Trujillo Alto, Puerto Rico (S&C)
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