The Texas Commission on Environmental Quality (TCEQ) released an enforcement discretion directive today regarding Stage II vapor recovery systems.
Effective immediately, the agency will no longer require Stage II vapor recovery controls to be installed at certain facilities. Eligible facilities include:
• Facilities that began construction on or after May 16, 2012 that would otherwise be required to install Stage II vapor recovery controls;
• Facilities that began construction prior to May 16, 2012, had not begun dispensing fuel as of May 16, 2012 and had not begun installation of Stage II vapor recovery controls;
• Facilities that became subject to Stage II requirements due to an increase in throughput on or after May 16, 2012.
• Transports that dispense gasoline to any eligible facilities noted above.
Facilities currently equipped with Stage II systems will be required to continue to comply with TCEQ regulations governing their systems’ operation. For these facilities, TCEQ stated that it is “continuing to evaluate the Stage II regulations for possible decommission of Stage II systems from all program areas.”
Stage II vapor recovery systems are currently required for all gasoline facilities in the following Texas counties: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties in the Houston-Galveston-Brazoria area; Collin, Dallas, Denton and Tarrant Counties in the Dallas-Fort Worth area; El Paso County; and Hardin, Jefferson, and Orange Counties in the Beaumont-Port Arthur area.
Texas Food and Fuel Association Chairman Jim Kolkhorst praised TCEQ’s decision to move forward with waiving requirements to install Stage II vapor recovery systems at new facilities but encouraged the agency to move quickly to decommission existing Stage II systems. “Today’s announcement from TCEQ is a step in the right direction. The agency’s decision provides regulatory certainty for our members building new facilities in these areas. Our association looks forward to working with TCEQ to decommission Stage II for all remaining facilities in as expeditious and orderly a manner as possible,” he said.