Revision: May 5, 2010, midnight
SR 1 – AS INTRODUCED
SENATE RESOLUTION 1
This resolution urges the United States Environmental Protection Agency to provide the state with guidance for determining:
I. When widespread use of on-board refueling vapor recovery will occur in the state.
II. When the state’s Stage II gasoline emission control program may be discontinued.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
A RESOLUTION requesting guidance from the Environmental Protection Agency regarding widespread use of on-board refueling vapor recovery systems in automobiles and trucks.
Whereas, there exists an emerging environmental issue relating to the incompatibility of Stage II gasoline emission control systems required by the federal Clean Air Act in gasoline dispensing stations in the state and the congressionally mandated on-board refueling vapor recovery (ORVR) systems which have been phased into new automobiles over model years 1998 through 2000 and into light duty trucks over model years 2001 through 2006; and
Whereas, the emissions reductions benefits of the Stage II program are decreasing as the number of ORVR-equipped vehicles increases because Stage II systems do not further reduce refueling emissions in vehicles equipped with ORVR and, when Stage II systems are incompatible with ORVR, an increase in emissions occurs when ORVR vehicles are refueled; and
Whereas, while the Stage II vapor recovery program offers diminishing air quality benefits, it remains a resource-intensive program for the regulated community to comply with and for the New Hampshire department of environmental services to oversee and enforce; and
Whereas, the federal Clean Air Act, in recognition of these issues, allows the Environmental Protection Agency to waive requirements for Stage II vapor controls when ORVR achieves sufficient “widespread use” in the motor vehicle fleet in a state; and
Whereas, states are required by the federal Clean Air Act to demonstrate comparability with Stage II air quality benefits in certain areas where Stage II is not implemented; and
Whereas, the baseline date for demonstrating comparability with Stage II air quality benefits has a significant impact on a state’s ability to demonstrate comparability; and
Whereas, ORVR provides the same air quality benefits as Stage II vapor recovery to all areas, including those areas where Stage II is required by the federal Clean Air Act, but states have chosen to show comparability via other air quality programs implemented in other areas; and
Whereas, the Environmental Protection Agency must approve any petition by the state to waive Stage II vapor control requirements after a certain date because ORVR will be in “widespread use” in the New Hampshire motor vehicle fleet by that date; and
Whereas, the Environmental Protection Agency has not provided New Hampshire and other states with guidance for how analyses to demonstrate “widespread use” and “comparability” should be conducted so as to be approvable by the Environmental Protection Agency; now, therefore, be it
Resolved by the Senate:
That the New Hampshire senate urges the United States Environmental Protection Agency to promptly provide New Hampshire and other states with guidance, along with associated analytical tools, needed to determine when “widespread use” of ORVR will occur in the state and the state’s Stage II gasoline emission control program may be discontinued and that any guidance provided by the Environmental Protection Agency for demonstrating comparability with Stage II air quality benefits include a base year for comparability of 2010 or later; and
That the New Hampshire congressional delegation is hereby urged to support efforts to provide the Environmental Protection Agency with the resources necessary for the development of this “widespread use” guidance and associated analytical tools; and
That the clerk of the senate be and hereby is authorized and directed to transmit a duly certified copy of this resolution to the New Hampshire congressional delegation.