§ 583. Repeal of stage II vapor recovery requirements
(a) Effective January 1, 2013, all rules of the Secretary pertaining to stage II vapor recovery controls at gasoline dispensing facilities are repealed. The Secretary may not issue further rules requiring such controls. For purposes of this section, “stage II vapor recovery” means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles as described in 42 U.S.C. § 7511a(b)(3).
(b) Prior to January 1, 2013, stage II vapor recovery rules shall not apply to:
(1) Any newly constructed gasoline dispensing facility that commences operation after May 1, 2009;
(2) Any existing gasoline dispensing facility that has an annual gasoline throughput of 400,000 gallons or more for the first time beginning with the 2009 calendar year;
(3) Any existing gasoline dispensing facility that, after May 1, 2009, commences excavation for the installation or repair of any below-ground component of the stage II vapor recovery system, including gasoline storage tanks, upon verification and approval by the Secretary; or
(4) Any existing gasoline dispensing facility that, after May 1, 2009, replaces all of its existing gasoline dispensers with gasoline dispensers that support triple data encryption standard (TDES) usage or replaces one or more of its gasoline dispensers pursuant to a plan to achieve full TDES compliance, upon verification and approval by the Secretary.
(c) Within two years of January 1, 2013, or of the Secretary’s verification and approval that such stage II vapor recovery rules do not apply to a gasoline dispensing facility pursuant to subdivision (b)(3) or (4) of this section, whichever is earlier, each gasoline dispensing facility shall decommission its stage II vapor recovery systems, including below-ground components, pursuant to methods approved by the Secretary. (Added 2009, No. 22, § 9(b); amended 2009, No. 123 (Adj. Sess.), § 43.)