TCEQ Adoption Date: Approved 10/09/13
Rule Project Number: 2013-001-115-AI
Summary of Rulemaking:
Because of the positive impacts ORVR systems have had on the reduction of harmful fugitive emissions during refueling, Stage II control systems now provide increasingly less air pollution reduction beyond what is already achieved by ORVR and therefore are not cost-effective. With the finalization of the EPA rule, TCEQ Office of Air is proposing revisions to the Stage II SIP and rules that would allow existing gasoline dispensing facilities to properly decommission their Stage II equipment. TCEQ is amending applicable rule (30 TAC §115) in a manner which provides for the eventual phase out of all TCEQ requirements for Stage II Vapor Recovery and modifies on-going TCEQ requirements for Stage I Vapor Recovery.The TCEQ Commissioner’s voted unanimously on October 9, 2013 to adopt the final rules to end the Stage II Vapor Recovery program in Texas. This is the final step the TCEQ must take before sending the rule package and State Implementation Plan (SIP) approval request to EPA. According to agency sources, EPA has completed the review for the rule package, and will only need to verify the changes made in the final adopted rule won’t affect their ultimate approval. EPA can take up to 18 months to review and respond to the states as they submit their rule amendments and SIP changes. However, all indications are that EPA Region VI will expedite the review process.
This Rulemaking Will:
■ Add definitions for “decommissioning” and “gasoline dispensing facilities.”
■ Establish that owners and operators of GDFs are no longer required to install Stage II equipment after the rule is adopted and the corresponding SIP revision has been approved by the EPA.
■ Require owners and operators of GDFs electing to continue with Stage II equipment after the proposed rulemaking is adopted and corresponding SIP revision is approved by the EPA to continue complying with current requirements of Ch. 115.
■ Require the decommissioning of Stage II equipment at all GDFs by August 31, 2018.
■ Establish decommissioning notification and recordkeeping requirements that must be performed and completed.
■ Repeal emissions specifications associated with the fueling of vehicles at GDFs, exemptions from the installation of Stage II equipment, and Stage II compliance schedules for affected counties.
Who Does This Affect:
TCEQ is exercising enforcement discretion for potential Stage II Vapor Recovery system
violations in the areas of Houston-Galveston-Brazoria, El Paso, Dallas-Fort Worth and Beaumont-Port Arthur for any gasoline dispensing facility (GDF) under construction, any GDF that has not begun dispensing fuel, any GDF that becomes subject to State II requirements due to increased throughput, and any transport vessels that dispense gasoline to any of the categories previously listed here.
What Does Stage II Decommissioning Involve?
Owners of Stage II equipped facilities will have until 2018 to complete decommissioning of all systems. Owners wishing to decommission their stage II systems will be required to file a notification with the TCEQ 30 days prior to the work beginning, which should include the on-site supervisor contractor name, address phone number, and Class A or Class A/B UST Contractor License number. The decommissioning procedure described here involves capping off and disconnecting various Stage II components, but leaves the below grade Stage II vapor piping in place. It was common practice in the past to install vapor piping at new facilities that did not yet require the use of Stage II so that vapor recovery could easily be implemented at a later date. Many of these facilities with installed but inoperative vapor piping have been in service for many years without problems. Leaving inactive vapor piping in the ground will not increase hazards to human health or the environment or impair the operation of the storage system.
To view TCEQ's Summary of the Rulemaking - Click Here