PRINTER'S NO. 1354
No. 1176 Session of 1989
INTRODUCED BY LEVDANSKY, MANDERINO, GEORGE, HAYDEN, MICHLOVIC,
FREEMAN AND MURPHY, APRIL 17, 1989
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 17, 1989
AN ACT
1 Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
2 entitled, as amended, "An act to provide for the better
3 protection of the health, general welfare and property of the
4 people of the Commonwealth by the control, abatement,
5 reduction and prevention of the pollution of the air by
6 smokes, dusts, fumes, gases, odors, mists, vapors, pollens
7 and similar matter, or any combination thereof; imposing
8 certain powers and duties on the Department of Environmental
9 Resources, the Environmental Quality Board and the
10 Environmental Hearing Board; establishing procedures for the
11 protection of health and public safety during emergency
12 conditions; creating a stationary air contamination source
13 permit system; providing additional remedies for abating air
14 pollution; reserving powers to local political subdivisions,
15 and defining the relationship between this act and the
16 ordinances, resolutions and regulations of counties, cities,
17 boroughs, towns and townships; imposing penalties for
18 violation of this act; and providing for the power to enjoin
19 violations of this act; and conferring upon persons aggrieved
20 certain rights and remedies," further providing for gasoline
21 volatility requirements.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 3 of the act of January 8, 1960 (1959
25 P.L.2119, No.787), known as the Air Pollution Control Act, is
26 amended by adding definitions to read:
27 Section 3. Definitions.--The following words and phrases,
1 when used in this act, unless the context clearly indicates
2 otherwise, shall have the meaning ascribed to them in this
3 section:
4 * * *
5 (11) "Gasoline marketing facility." A storage tank having a
6 capacity of greater than two hundred and fifty (250) gallons in
7 which gasoline is stored for retail or wholesale transfer or
8 from which it is dispensed in retail or wholesale transfer.
9 (12) "Reid Vapor Pressure." The measure of pressure exerted
10 on the interior of a special container as determined by the
11 American Society for Testing and Materials, Method D-323 (1958
12 version).
13 Section 2. Section 5 of the act is amended by adding a
14 clause to read:
15 Section 5. Environmental Quality Board.--The board shall
16 have the power and its duty shall be to--
17 * * *
18 (7) Adopt rules and regulations for the implementation of
19 the gasoline volatility requirements contained in section 6.3.
20 Section 3. The act is amended by adding a section to read:
21 Section 6.3. Gasoline Volatility Requirements.--(a) All
22 gasoline sold, exchanged or supplied as a fuel during the period
23 May 16 through September 15 of each year shall have a Reid Vapor
24 Pressure of not more then nine (9) pounds per square inch.
25 (b) Blends of gasoline and ethanol are exempt from the
26 requirements of this section, provided that the gasoline portion
27 of the blend, prior to the blending, meets the volatility
28 requirements of this section.
29 (c) This section shall apply in 1990, and each year
30 thereafter.
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1 (d) The provisions of this section shall not be applicable
2 to gasoline delivered to gasoline marketing facilities more than
3 fourteen (14) days immediately preceding the May 16 deadline.
4 (e) Any gasoline refinery, bulk terminal, or bulk plant,
5 from which gasoline is distributed, shall certify, in writing,
6 compliance with the requirements of this section. These records
7 must be maintained for a period of two (2) years. These records
8 shall be made available to the department on request.
9 (f) Test methods for the determination of Reid Vapor
10 Pressure in gasoline shall be in accordance with the procedures
11 set forth in the American Society for Testing and Materials,
12 Method D-323 (1958 version), or any equivalent method approved
13 by the administrator of the United States Environmental
14 Protection Agency.
15 (g) (1) The Environmental Quality Board may delay or
16 suspend the May 16, 1990, starting date for the Reid Vapor
17 Pressure requirement set forth in this section until May 16,
18 1991, upon a finding that such action is necessary:
19 (i) to avoid gasoline supply disruption; or
20 (ii) to avoid excessive gasoline price increases.
21 (2) The board may review and evaluate any information it
22 deems necessary to establish the required findings. The board
23 may conduct public hearings to solicit information concerning
24 gasoline supply disruptions and excessive price increases.
25 Section 4. This act shall take effect immediately.
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