38 §585-E. Gasoline station vapor recovery requirements (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/12) (WHOLE SECTION TEXT REPEALED 1/1/12 by T. 38, §585-E, sub-§6)

Title 38: WATERS AND NAVIGATION

Chapter 4: PROTECTION AND IMPROVEMENT OF AIR

§585-E. Gasoline station vapor recovery requirements

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/12)

(WHOLE SECTION TEXT REPEALED 1/1/12 by T. 38, §585-E, sub-§6)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Stage II vapor recovery system" means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles as described in Section 182(b)(3) of the federal Clean Air Act, 42 United States Code, Section 7511a(b)(3) (1995). [1995, c. 493, §15 (NEW).]

B. "Volatile organic compound 15% reduction plan" or "15% reduction plan" means the plan for reasonable further progress required in Section 182(b)(1) of the federal Clean Air Act, 42 United States Code, Section 7511a(b)(1) (1995). [1995, c. 493, §15 (NEW).]

C. "California enhanced vapor recovery system" means a service station vapor recovery system certified by the California Air Resources Board under requirements approved by the California Air Resources Board on March 23, 2000. [2001, c. 233, §1 (NEW).]

[ 2001, c. 233, §1 (AMD) .]

2. Stage II rule adoption. The board may adopt a rule requiring installation of Stage II vapor recovery systems in gasoline stations in Cumberland, York and Sagadahoc counties. The rule may impose the requirements only on stations that sold 1,000,000 gallons of gasoline or more in calendar year 1994 or a subsequent calendar year, unless department information gathering indicates that a threshold of 1,000,000 gallons is insufficient to provide emission reduction credits needed to meet the volatile organic compound 15% reduction plan requirement. The department shall confer with the joint standing committee of the Legislature having jurisdiction over natural resource matters at least one week before the public hearing on any rule that proposes a threshold lower than 1,000,000 gallons per calendar year.

[ 1995, c. 493, §15 (NEW) .]

2-A. California enhanced vapor recovery system. The board may not adopt rules or requirements mandating that any service station install or retrofit a vapor recovery system to meet the requirements of a California enhanced vapor recovery system.

[ 2001, c. 233, §2 (NEW) .]

3. Status report.

[ 2007, c. 559, §1 (RP) .]

4. Conference with legislative committee.

[ 2007, c. 559, §2 (RP) .]

5. Controls needed for 15% reduction plan.

[ 2007, c. 559, §3 (RP) .]

6. Section repeal. This section is repealed January 1, 2012.

[ 2007, c. 559, §4 (AMD) .]

7. Exemptions. A gasoline station is exempt from the provisions of this section:

A. After January 1, 2008 if it has at least an annual throughput of 1,000,000 gallons of gasoline; [2007, c. 559, §5 (NEW).]

B. If, upon department verification and approval, excavation of one or more storage tanks is required in order to install or repair a below-ground component of the Stage II vapor recovery system; or [2007, c. 559, §5 (NEW).]

C. If it is constructed after the effective date of this subsection. [2007, c. 559, §5 (NEW).]

[ 2007, c. 559, §5 (NEW) .]

SECTION HISTORY

1995, c. 493, §15 (NEW). 2001, c. 233, §§1,2 (AMD). 2007, c. 559, §§1-5 (AMD).