The following is a brief summary of new vapor recovery proposals/ regulations from three different states.  Although you may not live in any of these states these regulations will serve as a blueprint for many other states to follow.  As part as our SafeSite Annual Inspection Plan we will inspect your fuel system for complete vapor recovery compliance.

California   |   New York   |   Massachusetts

New California Air Resources Board (CARB) 
Standards Will Require Significant Upgrades

    The California air Resources Board (CARB) adopted measures March 23 that will require significant upgrades of Stage I and Stage II vapor recovery systems over a seven-year period, beginning in April 2001.

    The new Enhanced Vapor Recovery (EVR) amendments affect certification and test procedures for gasoline loading (Stage I) and motor vehicle gasoline refueling at service stations (Stage II). Many of the new requirements likely will require equipment upgrades. Though some of the equipment necessary to achieve the new standards has not yet been developed, the technology to do so is available or soon will be. CARB estimates that implementing the new standards and controls likely will cost each facility between $20,000 and $40,000, depending on facility size and condition.

The EVR amendments include the following highlights:

• The efficiency requirement of Stage I vapor recovery will increase from 95% to 98%. Other specifications will require upgrades or improvements to current vapor recovery equipment.

• The minimum efficiency standard for Stage II vapor recovery will be increased. Fugitive emissions will be reduced by limiting underground storage tank (UST) pressures. The new standards will permit only slight positive pressures in USTs. Other new equipment standards will be required.

• Dispenser nozzles will need to be redesigned to reduce emissions that result from "liquid retention", which occurs when gasoline remains on the nozzle after dispensing and evaporates after the nozzle is replaced on the dispenser. Other new standards will reduce spills and drips from nozzles.

• The new standard requires that all new systems have unihose dispensers to reduce the potential number of leak sources.

• Nozzle spillage limits have been reduced from a current limit of 0.42 lbs/1,000 gallons to 0.24lbs/1,000 gallons.  The number of drops per fueling event will be limited to one drop.

• New in-station diagnostic monitoring standards will be phased in from 2003 to 2008, depending on station size. Among other requirements, all vapor recovery systems will be required to record UST pressure to ensure tank integrity. CARB will review diagnostic monitoring technology in 2002 to determine if such requirements are still feasible.

CARB website

NYCRR Stage II Vapor Recovery Requirements

Testing Frequency

    Operators of Stage II equipment must test the equipment every 5 years. The due dates for 5-year testing vary because Pan 230 included a phased implementation schedule for installing Stage II equipment. The phased schedule depended on a facility's location, throughput, and tank size. However, any facility that installed Stage n equipment prior to 1995 is overdue for 5.year testing (unless the facility has already completed it).

Three Types of Tests Required

    Part 230 prescribes three: types of tests to ensure that the: equipment that makes up the Stage II vapor recovery system is in proper working order. The three types of tests are (1) dynamic back pressure, (2) liquid blockage, and (3) leak detection.  

1. The dynamic back pressure test is used to determine the pressure drop at prescribed flow rates through the Stage II vapor recovery system, including nozzle, vapor hose, swivels, dispenser piping, and underground piping. Passing this test shows that the system is installed properly.  
2. The liquid blockage test is used to detect low points in the piping where an accumulation of liquid may cause blockages and thus restrict the flow of vapors to the collection point.  
3. The leak detection test is used to demonstrate that the tank and piping are tight enough to prevent vapor leaks. 

Conducting the Tests

    In many cases, the contractor who originally installed the Stage II equipment can conduct the required 5-year tests. Owners can also obtain a list of companies able to perform the tests by calling the SBAP's hotline at 1-800-780-7227.  If a facility fails one or more of the required tests, the operator must identify the problem(s) with their equipment, repair it, and redo the test immediately. Only the results of the follow-up showing compliance are required to be submitted to DEC.

Reporting and Record keeping

    Within 30 days of the required Stage II tests, the owner and/or operator must submit a notarized report of the test results to DEC.  Stations must keep a copy of the Stage II test results onsite for five years, until the next test is due and completed.

    Part 230 also requires facilities with Stage II equipment to conduct daily visual inspections of the hoses, nozzles, boots, and other ancillary equipment to ensure they are in proper working order.

New York Regulations Website

Massachusetts Stage II regulations

What new requirements apply to Stage II facilities?

• Effective January 1, 2001, all Stage II facility owner/operators must: perform weekly visual inspections or the Stage II system; 
• Maintain a log of the weekly inspections, components repaired or replaced, and the signature of the person who performed the required inspection; 
• Perform 'and pass annual compliance tests; 
• Repair or replace non-functioning or broken components within 14 days; and 
• Annually submit a fully completed Stage II In-Use Compliance Certification to the Department, attesting that all applicable requirements have been complied with.

What requirements have not changed?

• All Stage II systems must be California Air Resources Board (CARB) certified to achieve 95% commission control efficiency.
• Installed Stage II systems must be maintained at 95% control efficiency .
• Upon installation of a new Stage II system or substantial modification of an existing one, compliance tests must be performed and passed prior to the facility commencing operation.
• Who must sign the In-Use Compliance Certification form?

    In-Use Compliance Certification forms are signed by the facility's Stage U Responsible Official. The Responsible Official, as the person who signs the compliance certification form, attests that all information in the certification is true, accurate and complete and that he/she is aware that there are significant penalties for submitting false information. The facility Responsible Official may be the facility's owner, operator, lessee or controller, as appropriate.

What is the cost of annual compliance testing?

    Depending on the type of Stage II system and the tests performed. the cost of annual compliance resting is between $300-760. Facilities with two consecutive years of initial passing test results are eligible to perform compliance testing every other year. The DEP annual Stage 11 fee remains the same - $50 per station.   

How much time do I have to arrange for my tests/send in the certification to DEP?  

    The Department will send each Stage II facility owner operator an In-Use Compliance Certification form approximately 90 days prior to the facility's annual submittal date. To ensure compliance testing company availability, the Department encourages facility owner/operators to schedule required tests promptly after receiving their annual In-Use Compliance Certification form.

Massachusetts Regulations Website

Learn more about our SafeSite Annual Inspection Program (includes complete vapor recovery testing/ compliance)

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