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Tentative Determination to Issue General Permit to Limit Incompatibility Excess Emissions and Provide an Exemption from Stage II Vapor Recovery Requirements

December 27, 2012

The Environmental Department at Murtha Cullina LLP wants you to be aware that the Department of Energy and Environmental Protection (DEEP) has posted a tentative determination to issue the General Permit to Limit Incompatibility Excess Emissions and Provide an Exemption from Stage II Vapor Recovery Requirements (the "Permit"), finding that emission reductions from onboard refueling vapor recovery (a vehicle emissions control system) are essentially equal to and will soon surpass the emissions reduction achieved by Stage II vapor recovery systems alone.

Stage II vapor recovery systems are defined by the Permit as a vapor recovery system that prevents the discharge to the atmosphere of gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank. The Permit authorizes a person to decommission Stage II vapor recovery systems at a gasoline dispensing facility in Connecticut and specifies the elements required in the Stage II vapor recovery system decommissioning process, maintenance requirements for Stage I vapor recovery equipment, annual testing requirements for Stage I vapor recovery equipment and recordkeeping and reporting requirements. The Permit also grants an exemption from certain requirements of RCSA section 22a-174-30 which pertain to gasoline dispensing facilities.

A public hearing is scheduled for January 9, 2013 at 1:30 p.m. in DEEP’s Phoenix Auditorium on the 5th Floor. DEEP has requested that any person giving oral comment at this public hearing also submit a written copy of their comments. Comments on the Permit may also be submitted to the attention of Merrily A. Gere at:

Department of Energy & Environmental Protection
Bureau of Air Management, Engineering & Enforcement
79 Elm Street
Hartford, Connecticut 06106-5127

Comments may be submitted by no later than 5 p.m. on January 9, 2013 by post, facsimile to 860.424.4064 or by electronic mail to merrily.gere@ct.gov. The DEEP Commissioner invites comment on any practical difficulties or hardships that may result should the Permit not be issued, as well as on the technical elements of the Permit.

If you wish to submit comments, or if you would like more information concerning the Permit, please contact: Mark Sussman (msussman@murthalaw.com), or any of the other members of Murtha Cullina’s Environmental Practice Group. Similarly, for issues pertaining to public hearings and legislation, please feel free to contact Jane Murphy (jmurphy@murthalaw.com) or any of the members of our Government Affairs Group.

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