Vapor Recovery Information and Compliance Requirements
Vapor recovery is the capture of gasoline vapors released from various activities into the atmosphere. The Vapor Recovery Programs in Missouri are key components of the plans to address ozone pollution in the St. Louis ozone nonattainment area and the Kansas City ozone maintenance area. The information in the links above explains Vapor Recovery in general, and gives the specific guidelines for the programs here in Missouri.
Vapors emitted by gasoline contain high levels of Volatile Organic Compounds. When mixed with sunlight and heat, these pollutants aide in the formation of ground-level ozone. While effective in protecting Earth in the stratosphere, ozone is harmful to humans, animals and vegetation when located at the Earth’s surface. For more information regarding ground-level ozone and its effects, visit EPA's Ozone - Good Up High Bad Nearby webpage.
Capturing gasoline vapors during loading and refueling activities prevents the release of these vapors into the atmosphere. This is known as VAPOR RECOVERY. There are two different kinds of vapor recovery: Stage I and Stage II.
Stage I Vapor Recovery
Stage I vapor recovery controls the release of gasoline vapors when tanker trucks deliver gasoline to your local gas station. In the image above the black arrows represent the gasoline flowing into the gasoline storage tanks, while the red arrows represent the vapors being forced from the tank back into the truck. The truck then takes these vapors back to a terminal where they are burned off or condensed back into gasoline. Additionally, tanker trucks fill the gasoline storage tank at the bottom of the tank to further minimize gasoline vapor emissions by eliminating splashing and turbulence.
Stage I vapor recovery also controls the release of gasoline vapors from storage tanks at bulk plants and terminals as well as vapors released during the transfer of gasoline from the terminal to delivery trucks.
EPA created an informational video describing Stage I gasoline filling requirements per their Federal Regulations 40 CFR 63 Subparts BBBBBB (6B) and CCCCCC (6C); it does an excellent job of illustrating the components of a typical Stage I Vapor Recovery system.
Stage II Vapor Recovery (To be discontinued in Missouri Effective Dec. 31, 2015)
Stage II Vapor Recovery is the capture and control of gasoline vapors that would normally be released into the atmosphere during the refueling of motor vehicles at a gas station. The image above represents a typical refueling utilizing Stage II Vapor Recovery. The black arrows represent the gasoline being pumped from the storage tank to the automobile. The red arrows show the flow of the vapors from the automobile tank back into the storage tank. These vapors are held in the storage tank until the next gasoline delivery when they are returned to the truck.
Stage II Vapor Recovery is generally categorized by the “boot” on the nozzle that allows it to capture vapors during refueling. The hose used is a coaxial hose specially designed to allow gasoline to flow through an inner hose surrounded by larger hose that allows the vapors to be pushed back down to the storage tank. The California Air Resources Board used an infrared camera in this video to document the release of gasoline vapors from a non-Stage II nozzle.
Vapor Recovery programs regulate the release of gasoline vapors from various activities into the atmosphere. The Vapor Recovery Programs in Missouri are key components of the State Implementation Plans, or SIP, the department has with U.S. Environmental Protection Agency, or EPA, to address the St. Louis ozone nonattainment area and the maintenance plan for the Kansas City ozone maintenance area.
A nonattainment area is an area that has failed to attain the health-based National Ambient Air Quality Standards set by EPA for certain air pollutants, in this case ground-level ozone. In comparison, a maintenance area is an area that records air pollutant concentrations at levels at or near the health-based standard and the air quality must be maintained to ensure the area stays in attainment for the ozone standard. EPA requires the state to develop a maintenance plan for the area as well. This plan outlines what actions the area will take to stay in compliance with ground-level ozone standards. For more information regarding ozone, visit EPA's Ozone Information webpage.
Vapor Recovery is also required at many stations outside of the Kansas City and St. Louis areas due to promulgation of federal Maximum Achievable Control Technology standards. See below for more information about these federal standards
Kansas City Area - Stage I Vapor Recovery
Clay, Jackson and Platte counties
The Kansas City ozone maintenance area is regulated by Missouri Air Regulation 10 CSR 10-2.260, "Control of Petroleum Liquid - Storage, Loading, and Transfer.” Under this regulation, all gasoline storage tanks greater than 250 gallons in the Kansas City area are required to install MOPETP approved Pressure/Vacuum, or P/V, valves on all tank vents. In addition, storage tanks greater than 2,000 gallons must be equipped with a vapor recovery system that demonstrates 90 percent efficiency. Facilities must perform a leak decay test on all Stage I vapor recovery systems upon installation and again every five years in addition to testing of all P/V valves before installation and every two years thereafter. See the Gasoline Dispensing Facilities webpage for more information regarding facility compliance.
St. Louis Area - Stage I and II Vapor Recovery
Franklin, Jefferson, St. Charles and St. Louis counties and the City of St. Louis
The St. Louis ozone non-attainment area is regulated by Missouri Air Regulation 10 CSR 10-5.220, "Control of Petroleum Liquid - Storage, Loading and Transfer." In addition to Stage I requirements, gasoline dispensing facilities in the St. Louis nonattainment area have been additional equipment to prevent the release of vapors into the atmosphere during vehicle refueling. By using special nozzles, hoses, and other equipment, the vapors from the vehicle tank are transferred to and held in the underground storage tank until the delivery truck collects them. On May 16, 2012, the Environmental Protection Agency released a final rule that determined onboard refueling vapor recovery technology is in widespread use throughout the motor vehicle fleet for purposes of controlling motor vehicle refueling emissions. As a result of this finding, all gasoline dispensing facilities will be required to decommission their Stage II system by December 31, 2015. Currently all vapor recovery equipment must be MOPETP approved, however, a recent rule revision of 10 CSR 10-5.220 has eliminated the use of MOPETP for the St Louis area. Now all equipment /systems used in the St Louis non-attainment area must be California Air Resources Board (CARB) certified EVR (98% efficient) , click here, or be able to demonstrate equivalent efficiency ratings.
All facilities in the area are also subject to a permitting program. For more information regarding facility compliance, visit the Gasoline Dispensing Facilities webpage.
Federal Regulations 40 CFR 63 Subparts BBBBBB (6B) and CCCCCC (6C)
These federal regulations are applicable to all Missouri terminals and bulk plants (6B) and to all gasoline dispensing facilities (6C). The St. Louis area is currently in compliance due to the SIP required Vapor Recovery program. While most Kansas City stations in compliance with the state regulation will be in compliance with this federal regulation, some may require additional controls. The final compliance date for all sources was Jan. 10, 2011.
The State of Missouri has not adopted enforcement delegation for these regulations. Therefore, please direct any questions regarding these regulations to EPA Region 7. Basic information regarding 6B and 6C is located on EPA’s Area Source Standards website.
Effective December 1, 2014 MOPETP is longer applicable to gasoline dispensing facilities in the St Louis non-attainment area. MOPETP is still applicable to the Kansas City maintenance area. Please see the list below for what equipment is approved for your area.
Missouri Performance Evaluation Testing Procedures, or MOPETP, is a collection of individual test procedures applied to manufacturers of vapor recovery systems and components to ensure the efficiency and overall performance of equipment installed in Missouri. While the California Air Resources Board (CARB) is one of the fore-runners in Vapor Recovery equipment testing in the United States, their steady climate fails to show the effects that the sometimes harsh Missouri winters and summers can have on equipment. Therefore, Missouri established the MOPETP program to ensure that vapor recovery systems and equipment will function properly throughout the seasons. However, with the change to 10 CSR 10-5.220, “Control of Petroleum Liquid Storage, Loading and Transfer”, the MOPETP program has been discontinued and now CARB’s certification and testing procedures will serve as a minimum criteria for use of vapor recovery equipment in the St. Louis area.
Only vapor recovery systems and components with current CARB enhanced vapor recovery (EVR) certification will be allowed for use by facilities in the St. Louis nonattainment area. In the Kansas City area, only the pressure/vacuum valves are required to be MOPETP approved.
The following links are documents of currently approved equipment in your respective area;
- 1999-05 - OPW 523 P/V valve
- 2009-02 - Husky 5885 P/V valve
- 2009-02A - Husky 4885 P/V valve, correction to 2009-02
- http://www.arb.ca.gov/vapor/eo-evrphaseI.htm (for the latest list of certified EVR systems)
- 2009-02 - Husky 5885 P/V valve
- 2009-02A - Husky 4885 P/V valve, correction to 2009-02
- 2014-01 - Diversified Products Manufacturing spill containment liners
- 2014-02 - Emco Wheaton Retail EMCO Al004EVR spill container
As a facility owner, there are many different regulations to remain in compliance with. Below is information about the Air Regulations that we hope you find helpful. If you have any questions regarding these regulations, contact your local office.
The department recommends you inspect your facility at least once a week for an average facility, more for higher throughput facilities. It is also recommended that you inspect your Stage I Vapor Recovery equipment after every delivery as you may be held responsible for any damage or neglect of the equipment.
The department recommends that all facility testing be done by a third party contractor due to the special equipment and specific test methods required for each test type. For additional information, see the appropriate Vapor Recovery Rule or contact your local office.
Facilities in Kansas City are required to conduct a pressure leak decay test and p/v valve bench test upon startup. Thereafter, the facility must complete a pressure leak decay test once every five years and a p/v valve bench test every two years. Department or City staff must be notified at least seven days in advance of testing to allow for observation. All results should be sent to the appropriate local office following testing.
Facilities in St. Louis must conduct a pressure leak decay test (CARB TP 201.3) and p/v valve bench test (CARB TP 201.1E) upon startup. This testing is also required for renewal of an operating permit and after completion of construction. Department or County staff must be notified at least seven days in advance and be present during testing.
While it is mostly the responsibility of the delivery vessel driver to conduct gasoline deliveries in compliance with Missouri Air regulations, the facility may be held responsible as well. See the Delivery Vessels page for more information regarding gasoline delivery compliance.
Reid Vapor Pressure, or RVP
From June 1 through September 15 of each year, Missouri State Regulation 10 CSR 10-2.330 requires that no person sells, dispenses, or transports gasoline in the Kansas City ozone maintenance area that exceeds the RVP limit. Gasoline blends with an ethyl alcohol content of up to 9 percent must have an RVP of 7.0 psi or lower. Blends with an ethyl alcohol content of 9-10 percent are allowed an RVP of up to 8.0 psi. Testing for this regulation is conducted by the Department of Agriculture’s Fuel Quality Lab with violations referred to the Air Program for enforcement.
Gasoline facilities located in the St. Louis area are required to sell Reformulated Gasoline, which is a federally regulated program.
Periodically, your local office inspectors will come out to inspect your station. They will typically take a look at all your equipment and may ask to see your recordkeeping. In the St. Louis area, the inspectors will also verify that the appropriate permits are displayed. When finished, the inspector should discuss their findings with you and give you a copy of the inspection report. If they find any deficiencies, the inspector may issue a Notice of Violation or tag-out some of your equipment.
Depending on the severity of the violation, it may be referred to the department’s Air Pollution Control Program for further enforcement. A copy of the defect and enforcement guide the inspectors use can be found here. This guide may change periodically to reflect policy changes and updates.
Equipment found in severe non-compliance with the regulations will be tagged-out, putting it out of service. This tag should not be permanently removed by anyone except a department inspector. Contractors may remove the tag to repair the equipment, but must put the tag back on immediately when finished. No gasoline may be dispensed.
As soon as the equipment is repaired, the inspector should be notified to return and reinspect the equipment. At that time, if the repairs are sufficient, the inspector will remove the tag, putting the equipment back into service. Any equipment that has been tagged out must be reinspected and approved by a department inspector before being put back into service. Failing to follow this procedure will result in a Notice of Violation and referral to the Air Program for enforcement, which includes monetary penalties.
All facilities located in the St. Louis non-attainment area are required to have either a valid operating or construction permit at all times. If your facility is located in St. Louis County, there may be additional requirements to operate your facility. Depending on your facility’s location, you must complete one of the applications below and submit to the appropriate office along with payment. You may apply and pay for a Construction and subsequent Operating Permit on the same application. Directions regarding where to send the completed applications and payment are on the back of each form.
Facilities located in Franklin, Jefferson, or St. Charles counties or St. Louis City:
St. Louis Regional Office Vapor Recovery Permit Application
Facilities located in St. Louis County:
St. Louis County Department of Health Vapor Recovery Permit Application
Your Vapor Recovery Operating Permit is valid to operate your Vapor Recovery system only. You may be required to have other permits from the State for other aspects of your facility.
Your Operating Permit is valid for five years and must be posted at all times. If you apply for a Construction Permit, your current Operating Permit becomes invalid and you must apply for a new one post-construction.
In order to renew your Operating Permit, your facility must pass a pressure leak decay test, p/v valve bench test and a backpressure blockage test. This testing will be observed by either a St. Louis County or department inspector; therefore, you must notify your local office at least seven days in advance of scheduled testing.
A construction permit is required for most non-maintenance repairs or updates. A complete list of activities that require a Construction Permit can be found here. As always, when in doubt, contact your local office for clarification.
On the back of the permit application is a list of supplemental information required when submitting a construction permit application. Read this list carefully to ensure a smooth application process.
The Construction Permit is valid for one year and must be posted at all times. You are only approved for construction listed on this permit. If at any time you find additional work that needs to be done, contact your local office immediately to amend your permit.
Your Construction Permit acts as your Operating Permit during construction. However, within 30 days of construction completion, you must conduct testing and apply for an Operating Permit. An end of construction inspection is required for most activities, so be sure to keep in contact with your local office about progress and requirements.
On May 16, 2012, EPA issued a rule allowing states to phase out their Stage II Vapor Recovery Programs. The department intends to phase out the Stage II program in the St. Louis area as soon as feasible and therefore believes it is not reasonable to require new or reconstructed gasoline dispensing facilities to install Stage II at this time. The department’s full policy can be found here. See the EPA’s Widespread Use Rule page for more information. Note that you must still apply for, and receive, a valid Construction Permit before proceeding without Stage II equipment.
While the inspections are conducted by your local office, most enforcement action will be initiated from the department’s Air Pollution Control Program. Enforcement action will not be initiated for simple defective equipment; however, there are four violations that trigger automatic enforcement action:
- Illegal dispensing
- Unapproved equipment
- Illegal gasoline deliveries
- Construction without a permit
In addition, prolonged, excessive, or repeated deficiencies of any type may result in further action.
- Illegal dispensing occurs when a piece of equipment has been tagged-out, but the tag is removed and/or gasoline dispensed. It does not matter if the equipment has been repaired; only a department inspector is allowed to remove a tag and put a pump back into service.
- As noted in the MOPETP section, all Stage I and Stage II equipment at the facility must be MOPETP approved. If an unapproved piece of equipment is found, the inspector will tag-out the equipment until it is replaced, and will issue a Notice of Violation.
- Illegal deliveries occur when a driver either does not use Vapor Recovery equipment at all or dispenses more than one product per vapor hose. Per Missouri Regulations, drivers must use one vapor return line per gasoline product line during Stage I Vapor Recovery gasoline deliveries. This requirement is applicable at all facilities in the St. Louis and Kansas City areas. If the facility only has one vapor port, regardless of the number of product ports, the driver may only load one product at a time. The delivery company, individual driver, and facility owner/operator may all be held responsible for illegal delivery violations.
- If construction is discovered at your site without a valid construction permit, or beyond the scope of your current permit, you will be issued a Notice of Violation and referred to the Air Program for enforcement. If you have applied for a permit, you must wait until you receive it before beginning construction. The facility and the contractor will both be held liable and will both be referred for enforcement action.
After a Notice of Violation is referred for enforcement, the case is reviewed by the Compliance/Enforcement section. If it is determined that a monetary penalty is appropriate, you will be contacted by someone in the Enforcement section who will begin the process of negotiating a settlement. If you fail to respond, or we are unable to reach agreement, the facility will be placed on the agenda of the Missouri Air Conservation Commission where the Air Program will seek referral of the case to the Missouri Attorney General’s Office to pursue civil litigation.
Both Kansas City and St. Louis area regulations require Stage I Vapor Recovery on large capacity gasoline storage tanks and gasoline loading racks. In addition, all delivery vessels loading or unloading at the facility must be equipped with Stage I Vapor Recovery and have a current, and passing, EPA Method 27 Tank Tightness Test. See Delivery Vessels for more information regarding compliance requirements.
If a bulk plant has an average monthly throughput of less than 120,000 gallons, the plant may apply for a Low Throughput Exemption from specific requirements of Stage I Vapor Recovery regulations on its loading rack and outgoing delivery vessels.
The Request for Exemption application must arrive at the department by February 1 of each year. Although the exemption is granted yearly, once a facility exceeds the 120,000 monthly average, the facility must install Stage I Vapor Recovery and will not be eligible for the exemption again.
Stage I Vapor Recovery Requirements for Gasoline Delivery Vessels
If the owner or operator of a gasoline delivery vessel wishes to load or unload their vessel in the St. Louis or Kansas City ozone maintenance areas, it must be equipped with proper Stage I Vapor Recovery. In addition, if the gasoline delivery vessel loads at a bulk plant or terminal regulated by 40 CFR Part 60, Subpart XX or Part 63, Subpart R, the vessel must
be equipped with Stage I Vapor Recovery.
Testing Requirements for Gasoline Delivery Vessels
Gasoline delivery vessels that operate in the St. Louis and Kansas City ozone maintenance areas are required to test annually to demonstrate compliance with the test method specified in 40 CFR Part 63, Subpart R, Section 63.425(e). Once a gasoline delivery vessel successfully passes annual testing, the owner or operator of the vessel must keep a copy of the passing test in the cab of the vessel at all times. As of September 2010, it is no longer necessary to submit these test results to the department.
Illegal Loading/Unloading and Enforcement Actions
Missouri State regulations require delivery vessels to utilize Vapor Recovery equipment when loading the vessel at a Bulk Plant or Terminal and unloading at a facility inside the St. Louis or Kansas City Ozone Areas. Drivers must use one vapor return line per gasoline product line during Stage I Vapor Recovery gasoline deliveries. If the facility only has one vapor port, regardless of the number of product ports, the driver may only load one product at a time. Vapor return lines must be no smaller than three inches in inside diameter and product lines must be no larger than four inches in inside diameter.
The department will take enforcement action against gasoline delivery companies failing to properly use Stage I Vapor Recovery when unloading gasoline. Delivery vessel drivers and facility owners or operators may also be held responsible for illegal delivery violations.
On May 16, 2012, the Environmental Protection Agency released a final rule that determined onboard refueling vapor recovery technology is in widespread use throughout the motor vehicle fleet for purposes of controlling motor vehicle refueling emissions. As a result of this finding, the Air Pollution Control Program is investigating the removal of Stage II vapor recovery requirements for gasoline dispensing facilities in the St. Louis ozone non-attainment area. EPA’s determination included a regulatory support document summarizing the financial benefits and costs of decomissioning Stage II vapor recovery systems.
The Air Pollution Control Program held a stakeholder meeting in St. Louis on June 28, 2012 to discuss EPA’s widespread use rule and the possibility of removing the Stage II vapor recovery requirements in 10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer. As mentioned in the stakeholder meeting, the program would like sources subject to Stage II requirements to review EPA’s benefits and costs for decommissioning Stage II vapor recovery systems and provide feedback on the accuracy of EPA’s information as it pertains to their facility. Feedback from sources, or their representative trade associations, may be submitted by email or written comments may be mailed to:
Chief, Air Quality Planning Section
Missouri Department of Natural Resources
Air Pollution Control Program
P.O. Box 176
Jefferson City, MO 65102-0176.
This feedback will be used to help determine the fiscal impact of any potential rulemaking to remove Stage II requirements in the St. Louis area.
Decommissioning Update - April 12, 2013
Aug. 6, 2015 -- Vapor Recovery Stakeholder Meeting Presentation
March 22, 2013 - Vapor Recovery Stakeholder Meeting Presentation
Jan. 8, 2013 - Policy Memo 2013-01 – Stage II Vapor Recovery – Phase Out
Jan. 8, 2013 - Draft Technical Support Document for Removal of Stage II
Aug. 7, 2012 - EPA Guidance on removing Stage II programs from State Implementation Plans
July 31, 2012 - Policy Memo 2012-01 - Stage II Vapor Recovery Enforcement Discretion
June 28, 2012 - Vapor Recovery/Stage II – Widespread Use Meeting Notes
The Vapor Recovery Rulemakings related to the below workgroup are indefinitely on hold. However, the Air Pollution Control Program is moving forward with a rule amendment to 10 CSR 10-5.220 to remove Stage II requirements and incorporate several recommendations from these workgroup discussions. Additional information on this rulemaking may be found on the department's webpages: Environmental Protection Agency's Widespread Use Rule and Rules in Development.
In 2011, the Air Pollution Control Program placed the rulemakings being discussed by the workgroup on hold for three main reasons:
- At the time, there was a great deal of uncertainty surrounding timelines and implementation of the 2008 ozone standard now in effect.
- Guidance about phase out of Stage II vapor recovery based on "widespread use" of onboard refueling vapor recovery in the vehicle fleet was forthcoming. (Note that the Environmental Protection Agency has now issued a widespread use determination as described in detail at the department's webpage: Environmental Protection Agency's Widespread Use Rule.
- Many of the facilities impacted by our state rules are now also covered by a new set of federal regulations for gasoline dispensing facilities (6B and 6C).
Stage I Vapor Recovery is the capture and control of gasoline vapors that would normally be released into the atmosphere during the storage of gasoline at a terminal or bulk plant or during the loading of a gasoline delivery vessel and the subsequent delivery and unloading of a gasoline delivery vessel into another storage tank, usually at a Gasoline Dispensing Facility, or GDF.
Stage II Vapor Recovery is the capture and control of gasoline vapors that would normally be released into the atmosphere during the refueling of motor vehicles at a GDF. When you refill your automobile gas tank, the fresh gas forces out the vapors left in the tank from the last tankful into the atmosphere. Stage II Vapor Recovery, recognized by the black boots on the gasoline nozzles at St. Louis area stations, captures the vapors from the automobile tank and returns these vapors to the Underground Storage Tank at the GDF. The storage tank holds the vapors until a gasoline delivery vessel using Stage I Vapor Recovery refills the tank. These vapors are then returned, by way of the gasoline delivery vessel, back to the terminal for processing or destruction.
- Feb. 17, 2009
Agenda | Meeting Summary
- Jan. 15, 2009
Agenda | Meeting Summary | Attachment 1 | Attachment 2 | Attachment 3 | Attachment 4
- Dec. 16, 2008
- Nov. 13, 2008
Agenda | Meeting Summary
- Oct. 14, 2008
- Sept. 18, 2008
Agenda | Meeting Summary
- Aug. 26, 2008
Agenda | Meeting Summary
Example Formats for Rule Revision
- Example 1 - Proposed formatting for Chapter 6 Vapor Recovery Rule
- Example 2 - Proposed formatting for Chapter 6 Vapor Recovery Rule
- Side-by-side color comparison of 5.220 and 2.260
- More training coming soon!
- California Air Resources Board - Vapor Recovery
- The California Air Pollution Control Officers Associations
- Missouri Department of Agriculture - Division of Weights and Measures
- Missouri Department of Natural Resources' Hazardous Waste Program - Tanks Section
- Missouri Petroleum Marketers and Convenience Store Association
- Missouri Vapor Recovery Rules Stakeholder Workgroup
- Petroleum Storage Tank Insurance Fund