SB 518

Under the federal Clean Air Act, a state, rather than the federal Environmental

Protection Agency (EPA), may administer an air pollution control program in the

state if the program is consistent with the federal Clean Air Act and EPA approves

the state's plan for implementing the program (SIP). EPA has approved this state's

SIP and the Department of Natural Resources administers an air pollution control

program in accordance with the SIP.

EPA's regulations, as provided in the Clean Air Act, currently require a state

with an area that has levels of atmospheric ozone that violate federal standards to

include, in its SIP, requirements that gasoline stations in that area have systems for

capturing gasoline vapors from the fueling of motor vehicles (vapor recovery

systems). Currently, state law requires vapor recovery systems at gasoline stations

in ozone nonattainment areas and those requirements are included in this state's

SIP.

The Clean Air Act also currently requires manufacturers to install systems in

motor vehicles to control emissions of gasoline from refueling motor vehicles

(onboard systems). The act authorizes EPA to promulgate a regulation that waives

the requirement for vapor recovery systems at gasoline stations after it finds that the

onboard systems are in widespread use throughout the motor vehicle fleet. In July

2011, EPA proposed a regulation that would find that onboard systems are in

widespread use throughout the motor vehicle fleet and that includes a waiver that

would take effect on June 30, 2013. However, the regulation would prohibit a state

from removing requirements for vapor recovery systems at gasoline stations before

the EPA approves a revision of the state's SIP. The proposed EPA regulation was not

finalized as of February 20, 2012.

Under this bill, a gasoline station the construction of which begins after the bill

takes effect is not required to have a gasoline vapor recovery system. Also under the

bill, the requirements to maintain vapor recovery systems at existing gasoline

stations would cease to apply on the effective date of the federal waiver.