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Proposed Part 230 Gasoline Dispensing and Transport Vehicles, and Part 200 General Provisions

The Department is proposing a new Part 230 to bring the current regulation up-to-date, incorporate the latest federal Stage I vapor recovery requirements and mandate the removal of Stage II vapor recovery systems. Updates are being made to remove compliance dates and deadlines that have already past. A number of federal requirements are being incorporated into the revised regulation, including those for the recovery of vapor during the transfer of gasoline to the storage tank, are being added to sync the state and federal regulations. Stage II systems for the capture of displaced vapors while refueling have become counterproductive and are being removed to prevent excess emissions. The proposed regulation also includes provisions pertaining to performance test requirements, test frequency, tester certification, submerged filling and recordkeeping/ reporting requirements.

It is also proposed to revise Part 200, specifically Table 1 of Part 200.9 to incorporate applicable federal and CARB test methods; inspection procedures; and gasoline tanker truck marking, reporting and record retention requirements. The Department proposes to submit Part 230 as well as the revisions to Part 200 to EPA as a revision to the State Implementation Plan (SIP) for New York State. This is not a mandate on local governments pursuant to Executive Order 17.

Due to the unprecedented nature of Covid-19, Governor Cuomo has issued a PAUSE Order directing non-essential meetings/gatherings to be suspended or cancelled. See Executive Order 202 and subsequent additions. As a result, at this time, the Department is cancelling the previously scheduled public hearings for this proposed rulemaking and extending the comment period for this rulemaking for 30 days.

Comment period closed.

The public comment period for this rulemaking is extended until 5:00 pm May 21, 2020 and should be directed to:

Denise Prunier, P.E.
New York State Department of Environmental Conservation
Division of Air Resources
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403

More about Proposed Part 230 Gasoline Dispensing and Transport Vehicles, and Part 200 General Provisions:

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    Division of Air Resources
    Proposed Part 230
    625 Broadway
    Albany, NY 12233-3250
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