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ENB - Statewide Notices 9/17/2008

Public Notice


New York State Department of Environmental Conservation

"Variance from Stage II Vapor Recovery Requirement at E85 Dispensing Pumps"


Notice is hereby given that the New York State Department of Environmental Conservation (Department) plans to submit State Implementation Plan (SIP) revisions for 28 E85 gasoline dispensing sites to the United States Environmental Protection Agency (EPA) for approval. E85 gasoline is fuel containing up to 85 percent ethanol.

Part 230 of Title 6 of the New York Codes, Rules, and Regulations (NYCRR) contains a requirement to install Stage II vapor recovery equipment at gasoline dispensing sites located in the lower Orange County and New York City metropolitan areas in order to reduce emissions of volatile organic compounds (VOCs) and the related formation of ozone. A Stage II vapor recovery device captures at least 90 percent, by weight, of gasoline vapors while a car is being refueled and either retains them in a storage tank, or recovers or destroys them in an emission control device.

Onboard Refueling Vapor Recovery (ORVR) has been required on all passenger vehicles since 2000 and on all light trucks since 2007. ORVR, like Stage II equipment, prevents the release of VOC emissions when refueling. When ORVR and Stage II technology are used in conjunction, however, an increase in vapor emissions can result.

E85 gasoline can only be used in specially designed flexible fuel vehicles. Most of these vehicles have been manufactured since 1998, and all flexible fuel vehicles built today are equipped with ORVR. Because of the prevalence of ORVR technology in flexible fuel vehicles and the incompatibility with Stage II equipment, a number of stations intending to install E85 pumps are requesting a waiver from the Stage II equipment requirements.

In accordance with the Department's Air Guide 20 guidance and 6 NYCRR Section 230.8, source owners are granted a variance from the Stage II requirements when economic infeasibility prevents the installation of such controls. Below are listed 28 stations that have provided the Department with economic analyses which show costs for Stage II equipment on E85 pumps well above the level that has been established per Air Guide 20. Due to these excessive costs and the proven inability to function correctly with ORVR technology, the Department proposes to allow these E85 pumps to operate without Stage II equipment. In addition, EPA has issued a guidance document supporting the claim that ORVR technology has reached a sufficiently large portion of flexible fuel vehicles. Therefore, the Department will submit these analyses to EPA for approval as SIP revisions.

1020 Route 109 Petroleum - Lindenhurst JW Station - Farmingdale
3 Star Gas and Food Mart - Brentwood Lambros Service - Irvington
Advance Service Center - Huntington Little Eastneck Service - Little Eastneck
Amboy Citgo - Staten Island McBirney's Auto Service - Massapequa
Apache Oil Company - Bedford Hills Millwood Dairies - Millwood
ATA Marketing - Brentwood Montgomery Valero - Rock Tavern
Cross Country Petroleum - Yonkers Ocean Sunrise Service - Rockville Center
Croton on Hudson Dairies - Croton on Hudson OK Petroleum - Bayshore
Doran Service - Melville Prestige Mobil - Newburgh
Eddie's Service Center - Kings Park Realty 1000, LLC - Jericho
Haines Road Service - Bedford Hills Riverhead Gulf - Riverhead
Islandia Development - Islandia Southfields Valero - Southfields
Islandia Gulf - Islandia T/A Exit 59 Exxon - Ronkonkoma
J-Mar Service - Hewlitt Village Service Station - Bedford Hills


The Department is providing a 30 day period to comment on the proposed submittal or request a hearing. Written comments should be submitted by October 17, 2008 to Scott L. Griffin, New York State Department of Environmental Conservation, 625 Broadway - 2nd Floor, Albany, New York, 12233-3251 or by e-mail to dar.sips@dec.ny.gov. Gregory LaBarge can be reached at: (518) 402-8403 with any questions regarding these SIP revisions.



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