WSR 26-12-061
PROPOSED RULES
PUGET SOUND
CLEAN AIR AGENCY
[Filed June 1, 2026, 11:57 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: Amend Puget Sound Clean Air Agency (PSCAA) Regulation II, Article 2: Gasoline Marketing Emission Standards.
Section 2.07 Gasoline Dispensing Facilities:
Section 2.07(a) Applicability: This is an existing section being updated for the effective date of the rule to reflect this revision.
Section 2.07(b) Definitions: This is an existing section containing definitions specific to gasoline dispensing facilities.
Section 2.07 (c)(2) Installation Requirements Stage 2: This is an existing section outlining the requirements for stage 2 vapor recovery [system] (VRS) installation.
Section 2.07(d) Maintenance: This is an existing section outlining the requirements for maintenance of both stage 1 and stage 2 VRS at gasoline dispensing facilities.
Section 2.07(e) Testing: This is an existing section outlining the initial and ongoing testing requirements for both stage 1 and stage 2 VRS at gasoline dispensing facilities.
Amend PSCAA Regulation I, Article 6:
Section 6.03 Notice of Construction: This is an existing section pertaining to PSCAA minor new source review.
Section 6.03(b) Notifications: This is an existing section pertaining to the notification process applicable to gasoline dispensing facilities.
Hearing Location(s): On July 23, 2026, at 8:45 a.m., via Zoom meeting at https://us02web.zoom.us/j/89166338654, Webinar ID 891 6633 8654; Call in 833 548 0282 US Toll Free; or in person at PSCAA, 1904 3rd Avenue, Suite 105, Seattle, WA.
Date of Intended Adoption: September 24, 2026.
Submit Written Comments to: John Dawson, PSCAA, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, email RegUpdates@pscleanair.gov, fax 206-343-7522, beginning June 11, 2026, 8:00 a.m., by August 14, 2026, 4:30 p.m.
Assistance for Persons with Disabilities: Contact agency receptionist, phone 206-343-8800, fax 206-343-7522, email RegUpdates@pscleanair.gov, by July 20, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: PSCAA proposes to adopt amendments to PSCAA Regulation II, Section 2.07, and PSCAA Regulation I, Section 6.03(b) to change stage 2 VRS requirements at gas stations.
PSCAA Regulation II, Section 2.07: These updates address the increased use of on-board refueling vapor recovery (ORVR) technology in vehicles driven in PSCAA jurisdiction and the availability of enhanced conventional refueling equipment. The proposed rule changes include:
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| • | Updates to the California air resources board (CARB)-certified definition to distinguish between stations only required to install portions of equipment under CARB executive orders and stations required to install all listed CARB executive order equipment. |
| • | Addition of a definition of gasoline annual throughput and modification of stage 1 modification and stage 2 modification definitions for clarity. |
| • | Changes to stage 2 installation requirements in Section 2.07 (c)(2): |
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| o | Increase the upper limit for allowing use of conventional refueling equipment from 200,000 gallons per year to 500,000 gallons per year. |
| o | Allow for use of enhanced conventional refueling equipment for stations pumping 500,000-700,000 gallons per year. |
| o | Require use of stage 2 enhanced vapor recovery (EVR) systems, except for vapor processors, for gas stations pumping between 700,000 and 1,000,000 gallons per year. |
| o | Require use of stage 2 EVR systems with vapor processors for gas stations pumping more than 1,000,000 gallons per year. |
| o | Require replacement of stage 2 vacuum assist VRS installed prior to April 1, 2003, to address removal of vacuum assist equipment which is incompatible with ORVR. |
| o | Allowing for use of CARB executive orders effective at the time of equipment installation or in effect on the date of promulgation of the rule. |
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| • | Changes to testing requirements in Section 2.07(e): |
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| o | Initial testing requirements expanded to apply to stage 1 and stage 2 equipment. |
| o | Modifying ongoing testing requirements to be based on annual gasoline throughput to reduce ongoing testing for 200,000-700,000 gallons per year to semi-annual pressure decay tests and annual static torque of adaptors tests, and maintaining existing testing requirements for stations with throughput above 700,000 gallons per year. |
PSCAA Regulation I, Section 6.03(b):
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| • | Changes to notification requirements in Section 6.03(b) of Regulation I allow for use of notifications when gas dispensing equipment changes meet the requirements of Section 2.07 of Regulation II. |
Reasons Supporting Proposal: When cars refuel at a gas station, gasoline vapors can escape into the air. Gasoline vapors contain volatile organic compounds (VOCs) and air toxics, including benzene. VOCs can react with nitrogen oxides and sunlight to make ozone, which is a nationally regulated pollutant that can harm human health. Benzene is known to increase risk of cancer. PSCAA regulates gas stations to reduce emissions of gasoline vapors from gas station operations.
Gasoline vapors from refueling can be controlled in two ways: Stage 2 VRS and ORVR. Stage 2 VRS is installed on the gas station equipment and includes specialized nozzles and hoses. ORVR is a canister in a vehicle that keeps vapors inside a vehicle's tank. PSCAA regulates stage 2 VRS, but does not regulate ORVR. The number of cars in King, Kitsap, Pierce, and Snohomish counties with ORVR has been increasing since PSCAA last reviewed gas station regulations. Now that many cars have ORVR, PSCAA analyzed benefits and disbenefits of changes to stage 2 VRS requirements.
The basis for broad category of proposed rule change is outlined below.
Set refueling emission control equipment requirements based on gasoline annual throughput: In ORVR-equipped vehicles, ORVR controls emissions that would be released due to gasoline displacing vapors in a vehicle's fuel tank, but does not address emissions from spills. Stage 2 VRS control emissions from both displaced vapors in a vehicle's fuel tank and from spills for all vehicles refueling at a station. PSCAA analysis found that even with increased ORVR percentages, VRS equipment installed on the gas station was needed to control benzene emissions from gasoline vapors. For a given control equipment configuration, benzene emissions increase proportionately with the amount of gasoline pumped. PSCAA completed air toxics screening analysis for a representative gas station and set control equipment requirements based on modeled benzene concentration. This benzene analysis supported that for smaller throughput stations (700,000 gallons annual throughput and lower), current stage 2 VRS equipment requirements could be reduced and that for stations above 1,000,000 gallons annual throughput would need to have additional controls to minimize benzene emissions.
Initial and ongoing testing requirements: The modifications proposed to the initial and ongoing testing requirements of Section 2.07 of Regulation II are corollary to the proposed control equipment changes. Specifically, for stations up to 700,000 gallons per year, PSCAA proposes reducing annual testing to tests on stage 1 VRS control technology because these stations will no longer be required to install stage 2 enhanced VRS. Semi-annual pressure decay testing is proposed for stations with above 200,000 gallon per year gasoline throughput based on historic results from semi-annual tests across the jurisdiction. Historic test results indicate that semi-annual pressure decay tests identified issues and resulted in repairs of P/V valves, as well as replacement of damaged or leaking nozzles and other leak repairs. For stations with throughput above 700,000 gallons per year, which are required to install stage 2 EVR equipment, there are no changes to annual and semi-annual testing to support the continued maintenance of the control equipment.
Statutory Authority for Adoption: Chapter
70A.15 RCW.
Statute Being Implemented: Chapter
70A.15 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: PSCAA, governmental.
Name of Agency Personnel Responsible for Drafting: John Dawson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, 206-689-4060; Implementation and Enforcement: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, 206-689-4052.
A school district fiscal impact statement is not required under RCW
28A.305.135.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: Chapter
19.85 RCW does not appear to apply to local air agencies.
Scope of exemption for rule proposal:
Is fully exempt.
May 29, 2026
Christine Cooley
Executive Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 26-13 issue of the Register.