december 10, 2014 gas vapor regulations: the legislature’s decentralized approach neither requires...
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December 10, 2014
Gas Vapor Regulations: The Legislature’s Decentralized Approach Neither Requires nor Produces Consistency, and Current Regulations May Be Requiring Outdated Technology
Zane Potter
Preliminary Report
Gasoline Vapor Regulation
Key Points in Today’s Presentation
December 10, 2014 2/25
Fees the local agencies set vary as well as the methodologies used to determine agency fees
Gas station inspection processes are similar, but the frequency of inspection varies
Current gas station regulations may be requiring outdated technology
2
3
1
Gasoline Vapor Regulation
Federal Clean Air Act Regulates Air Emissions in the United States
December 10, 2014 3/25
Gasoline vapors are a source of ground-level ozone (smog) which poses a risk to human health and the environment
Environmental Protection Agency is responsible for establishing air quality standards and regulations
Federal Act gives states flexibility in how to organize themselves to meet EPA’s standards and regulations
Gasoline Vapor Regulation
Washington’s Clean Air Act Allows Decentralized Approach to Regulating Air Quality
December 10, 2014 4/25
Cowlitz
Wahkiakum
Clark
Skamania
Lewis Southwest
Clean Air Agency
Mason
Clallam
Jefferson
GraysHarbor
Thurston
Pacific
Olympic Region Clean Air Agency
Snohomish
King
Pierce
Kitsap
Puget Sound Clean Air Agency
Grant
WallaWalla
Franklin
Adams
Lincoln
FerryStevens
PendOreille
Whitman
Columbia
Garfield
Asotin
Ecology: Eastern Regional Office
Spokane
Spokane Regional Clean Air Agency
Yakima Yakima Regional
Clean Air Agency
SanJuan
Ecology: Northwest Regional Office
Whatcom
Skagit Island
Northwest Clean Air Agency
Kittitas
Chelan
Okanogan
Douglas
Ecology: Central Regional Office
Klickitat Ecology: Central
Regional Office
Benton
Benton Clean Air Agency
Greyed areas = Tribal landsNote: EPA has authority over air quality issues on reservation lands
Gasoline Vapor Regulation
Other States Use a Decentralized Approach to Regulating Air Quality
December 10, 2014 5/25
CO
OH
WA
CAIN
TN
FL
KS
NE
MO
TX
AL
PA
MAOR
NV
AZ
IA
NM
KYNC
MD
AK
IL
NY
MT
Single Statewide Clean Air Agency 1-3 Local Clean Air Agencies 4 or more Local Clean Air Agencies
Gasoline Vapor Regulation
Washington Has Approximately 2,800 Gas Stations
December 10, 2014 6/25
Puget Sound1,300 stations
Northwest166 stations
Ecology416 stations
Spokane172 stations
Benton74 stations
Yakima103 stations
Olympic292 stations
Southwest334 stations
1. Washington’s Current Regulations May Be Requiring Outdated Technology
Gasoline Vapor Regulation
Stage I Vapor Recovery Systems Are Used During the Transfer of Gasoline from Tanker Trucks to Gas Stations
December 10, 2014 8/25
Vapor
Liquid
Vapor
Liquid
Gasoline Vapor Regulation
Stage II Vapor Recovery Systems Capture Gasoline Vapors During the Refueling of Motor Vehicles
December 10, 2014 9/25
1990 federal legislation required Stage II in 27 states (including WA) to meet federal ozone standard
Costs $20K to $60K to install per station; $3,000 per year to maintain
Vapor
Liquid
Gas tank
Vapor recovery
nozzle
Coaxial hose
vapor
liquidvaporliquid
Gasoline Vapor Regulation
Onboard Refueling Vapor Recover (ORVR) Systems Also Capture Gasoline Vapor During Refueling of Vehicles
December 10, 2014 10/25
Federal legislation required EPA to adopt ORVR regulations for automobile manufacturers
This system was phased in for new vehicles beginning in 1998
Vapor
Liquid
Balance nozzle
ORVR canister
liquid
Gas tankvaporliquid
Gasoline Vapor Regulation
Stage II Systems Were Intended to Help Regions Meet the Federal Ozone Standard
December 10, 2014 11/25
Three jurisdictions require Stage II systems at more than 1,300 gas stations across seven counties
Three agencies require Stage II systems at about 1,300 gas stations across seven counties:Puget Sound Clean Air Agency• Snohomish• King• Kitsap• Pierce
Ecology• Thurston• Cowlitz
Southwest Clean Air Agency• Clark
SNOHOMISH
KING
PIERCE
KITSAP
THURSTON
COWLITZ
CLARK
Gasoline Vapor Regulation
Feds No Longer Require Stage II Vapor Recovery Systems Limited compatibility between ORVR systems
installed on cars and some Stage II systems may increase emissions
In 2012 EPA determined that Stage II systems have become largely redundant because more cars have ORVR
EPA determination allowed, but did not require, states to remove Stage II Published guidance to help states determine when to
remove Stage II
December 10, 2014 12/25
Gasoline Vapor Regulation
Other States Taking Steps to Remove Stage II
December 10, 2014 13/25
NJNV
OR
WA
CAOHIN
TN
TX
WI
IL
GA
LA
AZ
PA
MEVT
CT RI
DEMD
NH
VAKYMO
NY
Has not determined when to remove Stage II
Completed analysis, determined that Stage II needed until about 2017
Completed analysis, will keep Stage II for at least another decade
Taking steps to remove Stage IINot completed Stage II analysisNo Stage II requirement
MA
Gasoline Vapor Regulation
Ecology and Local Agencies Have Not Determined When to Remove Stage II Ecology has yet to undertake emissions analysis Southwest completed an analysis in 2012, but
agency staff indicated that it was not shared with Board or made publicly available
Puget Sound completed two analyses; however, concerns were raised by author of EPA’s guidance document
December 10, 2014 14/25
JLARC staff worked with EPA staff and estimated that Stage II systems could begin to increase emissions as soon as 2020 in Southwest and Puget Sound
Gasoline Vapor Regulation
Legislative Auditor Recommendation:Complete Emissions Analysis
December 10, 2014 15/25
The Department of Ecology and the local clean air agencies should estimate and publish when Stage II requirements will begin to increase emissions.
This analysis should determine whether keeping Stage II systems helps the regions meet EPA’s current ozone standard and the costs and cost effectiveness associated with keeping these systems.
2. Fees the Local Agencies Set Vary As Well As the Methodologies Used To Determine Agency Fees
Gasoline Vapor Regulation
Washington’s Clean Air Act Allows Decentralized Approach to Regulating Air Quality
December 10, 2014 17/25
Cowlitz
Wahkiakum
Clark
Skamania
Lewis Southwest
Clean Air Agency
Mason
Clallam
Jefferson
GraysHarbor
Thurston
Pacific
Olympic Region Clean Air Agency
Snohomish
King
Pierce
Kitsap
Puget Sound Clean Air Agency
Grant
WallaWalla
Franklin
Adams
Lincoln
FerryStevens
PendOreille
Whitman
Columbia
Garfield
Asotin
Ecology: Eastern Regional Office
Spokane
Spokane Regional Clean Air Agency
Yakima Yakima Regional
Clean Air Agency
SanJuan
Ecology: Northwest Regional Office
Whatcom
Skagit Island
Northwest Clean Air Agency
Kittitas
Chelan
Okanogan
Douglas
Ecology: Central Regional Office
Klickitat Ecology: Central
Regional Office
Benton
Benton Clean Air Agency
Greyed areas = Tribal landsNote: EPA has authority over air quality issues on reservation lands
Gasoline Vapor Regulation
Ecology and Local Agencies May Require Businesses to Register and Pay a Fee
Fees may only be used for administering an agency’s registration program
December 10, 2014 18/25
No State Auditor’s Office audit findings regarding: Any of the agencies' registration programs Use of the fees to administer the programs
Gasoline Vapor Regulation
Annual Gasoline Station Fees Charged by Agencies Vary
December 10, 2014 19/25
Puget SoundAvg Fee: $713
NorthwestAvg Fee: $919
EcologyNo Fee
SpokaneAvg Fee: $601
BentonAvg Fee: $525
YakimaAvg Fee: $439
OlympicAvg Fee: $251
SouthwestAvg Fee: $332
Gasoline Vapor Regulation
Methodologies Used by Clean Air Agencies to Determine Fees Vary
December 10, 2014 20/25
Puget SoundAmount of gas dispensed
NorthwestAmount of gas dispensed
EcologyNumber of underground storage tanks
SpokanePolluter-pays
BentonAmount of gas dispensed
YakimaFixed fee based on average workload
OlympicFixed fee based on average workload
SouthwestPolluter-pays
Gasoline Vapor Regulation
Methodologies Are Consistent with Government Accountability Office Guidance
December 10, 2014 21/25
GAO provides four criteria when setting fees:
Policymakers must consider tradeoffs among the criteria and recognize that no single fee design satisfies all interests
• Efficiency • Equity• Revenue adequacy• Administrative burden
3. Gas Station Inspection Processes Are Similar, But the Frequency of Inspection Varies
Gasoline Vapor Regulation
Gas Station Inspection Processes Are Similar, Frequency of Inspections Varies Amongst Agencies
December 10, 2014 23/25
Puget SoundAbout 20% inspected annually
NorthwestAnnually
EcologyNot currently conducted
SpokaneAnnually
BentonOnce every two years
YakimaAt least once every 3 years
OlympicAt least once every 2 years
SouthwestEvery 5 years
Gasoline Vapor Regulation
Three Agencies Require Testing of Stage II Systems
December 10, 2014 24/25
Local Clean Air Agency
Testing Frequency
Puget Sound Once every six months
Olympic Region Annual
Southwest Annual for one type of Stage II system
Tests cost about $300 per test and are performed by private contractors
Next Steps and ContactsProposed Final Report: January 7, 2015
Zane Potter, Research [email protected] 360-786-5194
Eric Thomas, Research [email protected]
Valerie Whitener, Project [email protected] 360-786-5191
www.jlarc.leg.wa.gov