WASHINGTON - The U.S. Environmental Protection Agency (EPA) issued a proposal in July 2011 that would waive requirements for Stage II vapor recovery systems used at convenience store and gas station pumps.

However, some state regulators are pushing back. A memorandum provided by NACS legal counsel Steptoe and Johnson LLP provides NACS retail members with information they may need in order to work with state regulators to eliminate the Stage II requirement.

The first section of the memo provides background information on the current legal status pertaining to Stage II requirements. The second section identifies information that could be helpful to state regulators seeking to identify the emissions offsets that are apparently necessary to remove Stage II. The final section provides a brief overview of Steptoe and Johnson€™s current legal efforts to ease the process for removing Stage II.

In September 2011, NACS and a host of other industry organizations filed joint comments with the U.S. Environmental Protection Agency (EPA) urging regulations that would promptly and completely remove requirements for Stage II vapor recovery at retail fuel facilities. Beginning in 2013, EPA has estimated that 70% of all vehicles will be equipped with on-board systems to capture these vapors, rendering the use of Stage II vapor recovery systems redundant.

Questions may be directed to David Fialkov at Steptoe and Johnson LLP.