AZ Department of Agriculture

Weights and Measures Services Division

STAGE II PROGRAM CHANGES

DECOMmISSIONING STAGE II VAPOR RECOVERY EQUIPMENT

In April 2014, the Governor signed House Bill 2128 that immediately exempted new stations from Stage II vapor recovery requirements and required existing facilities decommission Stage II vapor recovery systems between October 1, 2016 and September 30, 2018.  The Department has developed rules regarding the decommissioning process and the requirements for remaining stage I vapor recovery systems, effective October 6, 2015. 

The default date owners and operators are required to decommission their stage II vapor recovery equipment is based upon the facility Weights and Measures BMF (license) number as follows:

YEAR 1:

Sites with a BMF of 13676 or less, must decommission between October 1, 2016 to September 30, 2017

YEAR 2:

Sites with a BMF 13677 or more, must decommission between October 1, 2017 to September 30, 2018

If you do not wish to decommission within the above-mentioned default timeframe, you may submit an Alternate Decommissioning Plan requesting a different decommissioning year.

The Department hosted 3 conference calls to review the requirements for decommissioning and answered questions in September and October, 2015.

View frequently asked questions regarding the stage II vapor recovery decommissioning process and the requirements for remaining stage I vapor recovery systems

background

On May 16, 2012 EPA issued a final rule (77 FR 28772) regarding the Widespread Use for Onboard Refueling Vapor Recovery (ORVR), which allows, but does not require, states to remove Stage II programs from the State Implementation Plan. The Arizona Department of Weights and Measures, in coordination with the Arizona Department of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), and the Maricopa Association of Governments (MAG), has held several workshops to discuss and get feedback regarding the future of the Stage II Program.
 
The first workshop, held November 30, 2012, presented options regarding the future of the Stage II program. Based upon feedback received and analysis of the program, Arizona has decided pursue a revision of the State Implementation Plan to allow decommissioning of Stage II Vapor Recovery equipment at gasoline dispensing stations in Area A.  All requirements for Stage I/II vapor recovery equipment and testing remain in effect until the equipment is decommissioned.
 
 
An update regarding the status of the State Implementation Plan revision and anticipated statutory changes associated with decommissioning Stage II equipment was held on September 5, 2013. As stated during the workshop, the goal of the agencies is to remove the Stage II requirements as expeditiously as possible, while maintaining Stage I requirements.
 
 
On January 3, 2014, a third workshop was held to provide an update to stakeholders and present details regarding legislation to be proposed during the 2014 legislative session. Maricopa Association of Governments presented new information regarding the EPA approvable of the State Implementation Plan. Due to the current status of the ozone non-attainment area, EPA has suggested the plan submittal include decommissioning following the 2016 ozone season. Based on the options provided by EPA, the dates for decommissioning at existing stations were modified to October 1, 2016 through September 30, 2018. As currently drafted, the legislation to be proposed during the 2014 legislative session will exempt new stations from Stage II requirements as soon as the legislation is effective.
 
 
The agencies will continue working on the preparation of the State Implementation Plan submittal and regulatory changes that will be required to reflect decommissioning of Stage II equipment and the requirements for the remaining Stage I systems.
 

April 22, 2014 - House Bill 2128 Signed by the Governor

The Governor signed HB2128 related to the decommissioning of the Stage II vapor recovery equipment in the Maricopa County area A. Information regarding the bill can be found at: http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=2128&Session_Id=112.  The bill immediately exempts new stations from the Stage II vapor recovery requirements and requires decommissioning of Stage II during October 1, 2016 through September 30, 2018.   All Stage II requirements remain in place until such time as equipment is decommissioned in accordance with Department rules.   Additionally, all requirements for Stage I vapor recovery systems remain in-place, including permitting, operation, and testing.   The next steps will be to complete and submit the State Implementation Plan (SIP) revision to the EPA for approval, and to develop the rules for the decommissioning of the Stage II equipment and for the operation of Stage I equipment following decommissioning.  Stakeholders will be kept informed of the progress and regulatory developments through email communications and stakeholder meetings.

 

Rules Regarding Decommissioning Stage II Vapor Recovery Equipment and Maintenance and Testing of Stage I Vapor Recovery Equipment.

The Department held three workshops for the development of the rules regarding decommissioning of stage II vapor recovery and requirements for stage I vapor recovery.

August 6, 2014 Meeting Notice

August 6, 2014 Presentation

December 16, 2014 Workshop Notice

December 16, 2014 Presentation

The third workshop was held on February 6, 2015 to discuss the different pressure decay test methods. 

The rule was adopted by the Governor’s Regulatory Review Council (GRRC) on August 6, 2015 and is effective October 6, 2015.  A copy of the rule can be found <here>