2011 - 2012 LEGISLATURE
February 24, 2012 - Introduced by Representatives Kapenga, Rivard, Petersen,
Thiesfeldt, Jacque, Craig, Brooks, Doyle, Ballweg, August, Stroebel,
Endsley, Kooyenga, Tiffany, Stone, Kuglitsch, Van Roy, Knilans
and Danou,
cosponsored by Senators Lazich, Wanggaard, Olsen, Grothman, Wirch and
Holperin. Referred to Committee on Jobs, Economy and Small Business.
AB626,1,2 1An Act to create 285.31 (5) of the statutes; relating to: gasoline vapor recovery
2requirements and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under the federal Clean Air Act, a state, rather than the federal Environmental
Protection Agency (EPA), may administer an air pollution control program in the
state if the program is consistent with the federal Clean Air Act and EPA approves
the state's plan for implementing the program (SIP). EPA has approved this state's
SIP and the Department of Natural Resources administers an air pollution control
program in accordance with the SIP.
EPA's regulations, as provided in the Clean Air Act, currently require a state
with an area that has levels of atmospheric ozone that violate federal standards to
include, in its SIP, requirements that gasoline stations in that area have systems for
capturing gasoline vapors from the fueling of motor vehicles (vapor recovery
systems). Currently, state law requires vapor recovery systems at gasoline stations
in ozone nonattainment areas and those requirements are included in this state's
The Clean Air Act also currently requires manufacturers to install systems in
motor vehicles to control emissions of gasoline from refueling motor vehicles
(onboard systems). The act authorizes EPA to promulgate a regulation that waives
the requirement for vapor recovery systems at gasoline stations after it finds that the
onboard systems are in widespread use throughout the motor vehicle fleet. In July
2011, EPA proposed a regulation that would find that onboard systems are in
widespread use throughout the motor vehicle fleet and that includes a waiver that

would take effect on June 30, 2013. However, the regulation would prohibit a state
from removing requirements for vapor recovery systems at gasoline stations before
the EPA approves a revision of the state's SIP. The proposed EPA regulation was not
finalized as of February 20, 2012.
Under this bill, a gasoline station the construction of which begins after the bill
takes effect is not required to have a gasoline vapor recovery system. Also under the
bill, the requirements to maintain vapor recovery systems at existing gasoline
stations would cease to apply on the effective date of the federal waiver.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB626, s. 1 1Section 1. 285.31 (5) of the statutes is created to read:
AB626,2,72 285.31 (5) Termination of requirements. (a) The rules promulgated under
3sub. (3) cease to apply on the effective date of the waiver of the requirement for vapor
4control systems specified by the federal environmental protection agency in a
5regulation promulgated under 42 USC 7521 (a) (6). Beginning on that day, persons
6owning or operating retail stations are not required to maintain vapor control
7systems described in sub. (3) (a).
AB626,2,98 (b) The department may promulgate by rule requirements for capping and
9closing vapor control systems described in sub. (3) (a).
AB626,2,1210 (c) The rules promulgated under sub. (3) (a) do not apply to a retail station the
11construction of which begins after the effective date of this paragraph .... [LRB
12inserts date].
AB626,2,1313 (End)