Compliance Advisory

UPCOMING DEADLINE TO DECOMMISSION MOST VACUUM ASSIST PHASE II

VAPOR RECOVERY SYSTEMS

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
Compliance & Enforcement #2020- 12 Issued: 6/25/2020

WHO IS AFFECTED BY THIS INITIATIVE?

This advisory affects owners and operators of gasoline dispensing facilities (GDFs) constructed
before November 9, 2017 and subject to New Jersey Air Pollution Control rules for gasoline transfer
operations at N.J.A.C. 7:27-16.3. A “gasoline dispensing facility” is defined as a stationary facility
that dispenses gasoline into the fuel tank of a motor vehicle.

WHAT EQUIPMENT OR SOURCES ARE AFFECTED?

GDFs with Phase II (also known as Stage II) vapor recovery systems that are not compatible with
Onboard Refueling Vapor Recovery are affected by this action. Phase II vapor recovery systems
capture gasoline vapors during vehicle refueling and return them to the gasoline storage tank. There
are two types of Phase II vapor recovery systems, balance and vacuum assist. Vacuum assist
equipment is typically not compatible with Onboard Refueling Vapor Recovery without an add-on
control. An add-on control could be nozzles that make the system compatible, or a pressure regulating
system in the storage tank that prevents excess internal pressure.

Since Onboard Refueling Vapor Recovery systems are used in the majority of motor vehicles
statewide, the Air Pollution Control rules at N.J.A.C. 7:27-16.3(e) changed in 2018 to require noncompatible Phase II equipment at GDFs to be decommissioned by December 23, 2020.

WHAT SHOULD I DO?

If you own or operate a non-compatible Phase II system, you have the option of 1) upgrading the
system to be compatible with onboard refueling vapor recovery; or 2) follow the requirements of
N.J.A.C. 7:27-16.3(h) to properly decommission your Phase II system.
Anyone who will be decommissioning their Phase II system, should be aware of the following general
list of items that can help achieve compliance, but please note this is not the complete list of
requirements.

  •  Decommissioning activities must be performed by a NJDEP licensed UST contractor,
    certified in the category of Installation – Entire, or Closure.
  • Follow the Petroleum Equipment Institute’s Recommended Practices in PEI RP300.
  • At least fourteen (14) days prior to beginning work, send an email to
    14dayUSTnotice@njdepwptest.net listing the responsible parties’ names, a description of the work
    being performed, start date, facility address, and program interest ID (aka UST registration)
    number.
  • Once the decommissioning is complete, within 14 days a follow up email with post-work
    testing and the completed PEI RP300 checklist is to be sent to the same email address
    (14dayUSTnotice@njdepwptest.net).
  • The owner and operator will need to apply for a new Air General Permit 004B for Phase I only systems no later than 30 days after completing the decommissioning.

 

WHAT IS DEP DOING?

N.J.A.C. 7:27-16.3(e) requires non-compatible systems to decommission the Phase II equipment by
December 23, 2020. Compatible Phase II systems are not required to be decommissioned but must
be maintained in functioning order for as long as they are in use.
After December 23, 2020, NJDEP compliance inspections conducted at GDFs will include
evaluations of vapor recovery system(s) at the site to ensure any decommissioning activity was
properly performed, and/or the system is being properly maintained. Owners and operators that fail
to comply will be subject to violations and penalties.

WHO SHOULD I CONTACT WITH QUESTIONS?

UST Compliance and Enforcement                              (609) 633-1205
Michael Hollis, Chief                                                        (609) 477-0945
Jenna DiNuzzo, Assistant to Chief                                  (609) 672-1309
Kevin Marlowe, Supervisor                                             (609) 439-9589
Kristina LeNoir, Supervisor                                            (609) 221-3306

Division of Air Compliance and Enforcement

Northern Field Office (973) 656-4444 / AirCE-Northern@njdepwptest.net

Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Warren & Union Counties

 

Central Field Office (609) 292-3187 / AirCE-Central@njdepwptest.net

Burlington, Mercer, Middlesex, Monmouth, & Ocean Counties

 

Southern Field Office (856) 614-3601 / AirCE-Southern@njdepwptest.net

Atlantic, Camden, Cape May, Cumberland, Gloucester, & Salem Counties

Air Quality Permitting (609) 292-6716
Radius helpline (609) 633-7259

 

Where Can In Get More Information?

The following web sites can be accessed for additional information:

https://www.state.nj.us/dep/enforcement/ust.html UST Compliance & Enforcement

https://www.state.nj.us/dep/enforcement/air-resources.html Air Compliance & Enforcement

https://www.state.nj.us/dep/aqpp/ Air Quality Stationary Sources webpage

Please note this advisory is intended to be a summary explanation of department requirements. It
does not include all potentially applicable requirements. If you have any questions related to
compliance, please contact an Enforcement number listed above.