The Department of Environmental Protection published a notice in the November 12 PA Bulletin that it is suspending enforcement of the requirement to install new Stage II vapor recovery systems at gasoline service stations.

This notice follows a similar action taken in August of 2012 for service stations in Southwest Pennsylvania.

The notices of suspension now cover about 1,600 service stations in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington and Westmoreland Counties.

DEP gave as the reason for the suspension the diminishing emission reduction benefits of Stage II controls that could no longer justify the cost of installing these controls on new gasoline dispensers and dispenser replacements.

DEP said its analysis shows the benefits of Stage II controls will “approach zero for all areas of the Commonwealth at some time in 2018.”

At the same time, DEP said owners and operators of gasoline dispensing facilities with Stage II vapor control systems in place will be required to continue to operate and maintain those systems.

DEP reminded service station owners the installation, modification or removal of gasoline dispensing equipment is a tank handling activity that must be conducted by a Department-certified tank installer and with the appropriate notice to DEP or the Allegheny County or Philadelphia air pollution control programs.

DEP said its 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 State Implementation Plan.

Click Here for a copy of the notice.

For more information or questions concerning Stage II requirements, contact Susan Foster, DEP’s Bureau of Air Quality, Division of Compliance and Enforcement by calling  717-772-3369 or send email to: sufoster@pa.gov.

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