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PA Bulletin, Doc. No. 12-1608


Suspension of Enforcement of the Stage II Vapor Recovery Requirements for Control of Emissions of Volatile Organic Compounds from New and Newly Affected Gasoline Dispensing Facilities in the Philadelphia and Pittsburgh-Beaver Valley Areas

[42 Pa.B. 5437]
[Saturday, August 18, 2012]

 The Department of Environmental Protection (Department) announces that effective July 31, 2012, it suspended enforcement of the Stage II vapor recovery (Stage II) requirements in 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) with regard to new gasoline dispensing facilities that begin operation after July 31, 2012, and gasoline dispensing facilities that are newly affected after July 31, 2012. The Department will continue to enforce the requirements applicable to existing facilities subject to the Stage II requirements until further notice.

 The Stage II vapor recovery systems are required for about 1,600 gasoline dispensing facilities in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington and Westmoreland Counties. However, the diminishing emission reduction benefits of Stage II controls no longer justify the cost of these controls for new and newly affected gasoline dispensing facilities.

 For owners and operators of gasoline dispensing facilities with existing Stage II vapor control systems in place to meet the Stage II requirements, the Department will continue to require operation and maintenance of those systems in accordance with 25 Pa. Code § 129.82 at this time. The Department has not yet completed the analyses required by the United States Environmental Protection Agency (EPA) that could lead to rulemaking action for repeal of the Stage II requirements and removal of those provisions from the Federally-enforceable State Implementation Plan (SIP). On August 7, 2012, the EPA issued guidance entitled ''Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures.'' This guidance will assist the Department in determining the additional SIP requirements, if any, that the Commonwealth and other Northeast states in the Ozone Transport Region will be required to adopt and implement to revise their SIPs.

 The Department's exercise of enforcement discretion does not protect an owner or operator of a gasoline dispensing facility from the possibility of legal challenge by third persons under 25 Pa. Code § 129.82 or the Commonwealth's approved SIP.

 For more information or questions concerning Stage II requirements, contact Ronald Gray, Division of Compliance and Enforcement, Bureau of Air Quality, (717) 772-3369,


[Pa.B. Doc. No. 12-1608. Filed for public inspection August 17, 2012, 9:00 a.m.]

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