Gasoline vapor (VOC) emissions occur when liquid from the underground
tank is dispensed into the vehicle fuel tank. Vapors contained in the fuel
tank are displaced back through the vehicle fillneck and are emitted to the
atmosphere. With the installation of Stage II vapor recovery equipment,
displaced vapors are captured at the vehicle fillneck and routed back to the
underground tank (see Stage II diagram). VOC emissions from vehicle
refueling operations also result from gasoline spitback/spillage at the
vehicle fillpipe and breathing/emptying lossesthrough the underground
storage tank vent.
In accordance with Chapter 3745-21 of the Ohio Administrative Code (OAC)
which became effective March 31, 1993, all gasoline dispensing facilities
located in Ashtabula, Butler, Clark, Clermont, Cuyahoga, Geauga, Greene,
Hamilton, Lake, Lorain, Medina, Miami, Montgomery, Portage, Summit and
Warren Counties are subject to the provisions of
OAC rule 3745-21-09(DDD) which pertain to
Stage II vapor control systems. The deadlines for final compliance with the
Stage II requirements are specified under OAC rule 3745-21-04(C)(64).
However, the deadlines specified in OAC rule 3745-21-04(C)(64) have been
extended for certain GDFs in the Cincinnati and Dayton areas based on
separate Director's Final Findings and Orders issued on March 30, 1995 and
March 21, 1996 which temporarily suspended, and subsequently revoked the
suspension of, the Stage II programs in these areas. The following tables
specify the Stage II compliance deadlines for Independent Small Business
Marketers (ISBMs) of gasoline and non-ISBMs of gasoline in the
Cleveland-Akron Area (Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage and Summit Counties); the
Cincinnati Area (Butler, Clermont, Hamilton
and Warren Counties);
non-ISBM < 10,000 Exempt
> 10,000 Stage II if construction of GDF commenced
required between 11/15/90 and 3/31/93,
Stage II by 9/30/93 (a)
if > 100,000 gal/mo, Stage II by
3/31/94 (b)
if < 100,000 gal/mo, Stage II by if < 50,000 gal/mo, Stage
II by 5/31/96
3/31/95 (c) suspension of Stage II
until 3/31/96
if > 50,000 gal/mo,
does not apply
ISBM, < 50,000 Exempt
one GDF
> 50,000 Stage II Stage II by 3/31/94 (d)
required
ISBM, GDF < 50,000 Exempt
multi- #1
GDF > 50,000 Stage II Stage II by 3/31/94 (d)
required
GDF < 50,000 Exempt
#2
> 50,000 Stage II Stage II by 3/31/95 (e) if < 100,000
gal/mo, Stage II by 5/31/96
required suspension of Stage II
until 3/31/96
if > 100,000 gal/mo,
does not apply
GDF < 50,000 Exempt
#3
> 50,000 Stage II Stage II by 3/31/96 (f) Stage II by
5/31/96
required
Additional GDFs: For GDF #4 use GDF #1 above, for GDF #5 use
GDF #2 above, for GDF #6 use GDF #3 above, for GDF
#7 use GDF #1 above, etc. This arrangement of GDFs meets the
minimum 33%, 66%, and 100% compliance criteria
under OAC rule 3745-21-04(C)(64)(b). An ISBM selects the
order of the GDFs.
* Throughput based upon the average monthly sales of
gasoline during the period from 11/16/90 through 11/15/92. However,
if gasoline dispensing was inactive for for any portion of
this two-year calculation period, the calculation period may
be extended to include a total of 24 months of activity.
(a) OAC rule 3745-21-04(C)(64)(a)(i) (d) OAC rule
3745-21-04(C)(64)(b)(i)
(b) OAC rule 3745-21-04(C)(64)(a)(ii) (e) OAC rule
3745-21-04(C)(64)(b)(ii)
(c) OAC rule 3745-21-04(C)(64)(a)(iii) (f) OAC rule 3745-21-04(C)(64)(b)(iii)
(3/28/96)
STAGE II VAPOR CONTROL REQUIREMENTS FOR DAYTON AREA (CLARK,
GREENE, MIAMI, AND MONTGOMERY COUNTIES)
CATEGORY (gal/mo) * 21-09(DDD) RULE 3745-21-04(C)(64) OF
3/31/95 OF 3/21/96
AVERAGE STATUS
GASOLINE UNDER OAC STAGE II COMPLIANCE DIRECTOR’S FINAL
FINDINGS DIRECTOR’S FINAL FINDINGS
THROUGHPUT RULE 3745- DEADLINE UNDER OAC & ORDERS & ORDERS
non-ISBM < 10,000 Exempt
> 10,000 Stage II if construction of GDF commenced
required after 11/15/90 and prior to 3/31/93,
Stage II by 9/30/93 (a)
if > 100,000 gal/mo, Stage II by
3/31/94 (b)
if < 100,000 gal/mo, Stage II by suspension of Stage II
Stage II by 7/7/97
3/31/95 (c) until 3/31/96
(due to 3rd exceedance of
ozone standard in 3-year
period in Dayton area on
7/7/96)
ISBM, < 50,000 Exempt
one GDF
> 50,000 Stage II Stage II by 3/31/94 (d)
required
ISBM, GDF < 50,000 Exempt
multi-GDF #1
> 50,000 Stage II Stage II by 3/31/94 (d)
required
GDF < 50,000 Exempt
#2
> 50,000 Stage II Stage II by 3/31/95 (e) if < 100,000
gal/mo, Stage II by 7/7/97
required suspension of Stage II
until 3/31/96 (due to 3rd exceedance of
ozone standard in 3-year
period in Dayton area on
7/7/96)
if > 100,000 gal/mo, does
not apply
GDF < 50,000 Exempt
#3
> 50,000 Stage II Stage II by 3/31/96 (f) Stage II by 7/7/97
required
(due to 3rd exceedance of
ozone standard in 3-year
period in Dayton area on
7/7/96)
Additional GDFs: For GDF #4 use GDF #1 above, for GDF #5 use
GDF #2 above, for GDF #6 use GDF #3 above, for GDF #7 use GDF #1
above, etc. This arrangement of GDFs meets the minimum 33%,
66%, and 100% compliance criteria under OAC rule 3745-21-
04(C)(64)(b). An ISBM selects the order of the GDFs.
* Throughput based upon the average monthly sales of
gasoline during the period from 11/16/90 through 11/15/92. However, if
gasoline
dispensing was inactive for for any portion of this two-year
calculation period, the calculation period may be extended to include a
total of 24 months of activity.
(a) OAC rule 3745-21-04(C)(64)(a)(i) (d) OAC rule
3745-21-04(C)(64)(b)(i)
(b) OAC rule 3745-21-04(C)(64)(a)(ii) (e) OAC rule
3745-21-04(C)(64)(b)(ii)
(c) OAC rule 3745-21-04(C)(64)(a)(iii) (f) OAC rule 3745-21-04(C)(64)(b)(iii)
(7/14/97
Stage II training requirements
Questions have arose regarding who is required to attend Stage II
training. Stage II training is required for the GDF owner/operator or local
manager under OAC rule 3745-21-09 (DDD)(3)(a)(vi). Proof of attendance and
completion of the training is essentially required for the individual who is
responsible for inspecting, maintaining, or otherwise ensuring ongoing
compliance of the Stage II system at the particular site. The GDF
owner/operator or local manager may be the trained individual for a number
of sites for which he or she has direct oversight responsibilities. A
maintenance or testing company employee may not serve as the trained
individual. However, the responsible (trained) official may have oversight
responsibilities of a maintenance or testing company employee assigned to
duties at one or more GDFs. Persons interested in developing a Stage II
training course should contact Ohio EPA, DAPC to obtain a copy of the Stage
II course approval criteria.
CARB requirements for Stage II installations
Ohio EPA, DAPC has recently started issuing operating permits to GDFs
which cite the California Air Resources Board (CARB) requirements that apply
to the specific Stage II system installed at the facility. You can obtain a
copy of the CARB certification (Executive Order) for your Stage II system
from the Stage II equipment manufacturer, your Ohio EPA field office, or
from the CARB website at
http://arbis.arb.ca.gov/vapor/vapor.htm.
Contact your
Ohio EPA field office with questions
regarding the CARB requirements.
ISBM Eligibility
Ohio Stage II rules classify GDF owner/operators as either Independent
Small Business Marketers (ISBM) of gasoline, or non-ISBMs. The Stage II
rules provided the ISBMs with a three year phased-in compliance schedule for
the installation of Stage II (for multiple-GDFs owned by an ISBM within
Stage II areas) and a 50,000 gallons of gasoline per month per site
exemption. Non-ISBM sites were required to complete installation of Stage II
at earlier dates and meet a lower exemption level of 10,000 gallons of
gasoline per month. Stage II controls must be installed at an exempted site
if it's gasoline throughput exceeds it's exemption level in any one month.
The ISBM provisions were created to protect those owner/operators that
are true independent gasoline marketers and whose livelihood is centered on
the marketing of gasoline. As provided by rule, a ISBM may not be a refiner,
controlled by a refiner, or directly or indirectly affiliated with a refiner
unless the sole affiliation is by means of a supply contract or trademark
agreement. In addition to these qualifications, an owner/operator must
obtain more than 50 percent of his/her gross annual income from the
marketing or sale of gasoline in order to qualify as an ISBM. The USEPA
defines income from sales of gasoline to include income from gasoline
refining and marketing activities including activities commonly referred to
as jobbing -- i.e., purchasing gasoline from a refiner and then reselling it
to a gasoline retailer or other distributor. Income from other sales
includes all non-gasoline sales including, but not limited to the following:
kerosene, diesel, food and snacks, beverages, cigarettes, lottery, and owner
income from non-GDF related activities. For example, a person whose only
business and source of income was a combination grocery store and gasoline
station would not fall within the ISBM definition if the person received 50
percent or more of his income from the sale of non-gasoline products.
Guidelines for Stage II compliance schedules
Questions have arose regarding the allowable length of time for an exempt
gasoline dispensing facility (GDF) to achieve compliance with Stage II
requirements after the GDF exceeds its exemption level. The GDF
owner/operator must immediately provide an expeditious schedule for
compliance with the Stage II requirements to the appropriate Ohio EPA
District Office/Local Air Agency if during any month the gasoline throughput
exceeds the applicable exemption level (10,000 gallons per month for
non-Independent Small Business Marketers (ISBMs) or 50,000 gallons per month
for ISBMs).
The Ohio EPA, DAPC believes that the following represents an acceptable
time frame for an exempted GDF owner/operator to achieve final compliance
with Stage II requirements after exceeding a monthly exemption level:
