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Thursday,
September 24, 2026 – EPA proposed today to relax the gasoline cargo tank vapor tightness
certification requirements it adopted in 2024, responding to concerns
raised by EMA. Specifically, EPA proposes to replace the 2024 limits
with the graduated pressure-drop limits of 1.0 to 2.5 inches of water
column, depending on cargo tank compartment size, that applied under
NESHAP Subpart R before the 2024 final rule. The proposal follows
extensive EMA advocacy before EPA and Congress regarding the technical
feasibility and operational impacts of the 2024 requirements.
The 2024 final rule established a graduated pressure-drop limit of
0.5 to 1.25 inches of water column over a five-minute test period,
depending on compartment size, which was significantly more stringent
than the prior standards. EMA raised concerns that limits at the low end
of that range could not be reliably demonstrated using EPA Method 27
under real-world operating conditions. EMA provided EPA with information
and data regarding the difficulties experienced by fuel marketers and
cargo tank operators, including the effects of temperature fluctuations
and limitations in the test method that could result in false test
failures, unnecessary retesting, and premature equipment replacement.
EMA also documented the costs of meeting the 2024 standard, including
retrofits, repairs, and operational downtime.
EMA brought these concerns to Congress as well. In March 2026,
Senator Kevin Cramer (R-ND), joined by Senate Environment and Public
Works Committee Chairman Shelley Moore Capito (R-WV) and nine other
Senators, urged EPA Administrator Lee Zeldin to reverse the 2024 cargo
tank vapor tightness requirements and restore the prior testing
standard.
EPA's proposal recognizes many of the technical concerns raised by
EMA. The Agency notes that EPA Method 27 has a reported precision of
±0.5 inches of water column and that a temperature change of
approximately 1°F can produce a pressure change exceeding 0.5 inches of
water column. EPA therefore proposes to find that the 0.5-inch
requirement is at the limit of the test method's precision and that the
more stringent requirements adopted in 2024 are not achievable in
practice nationwide. EPA also preliminarily concludes that the
incremental costs associated with the 2024 requirements are unlikely to
be cost-effective under reasonable alternative assumptions.
EMA will continue its advocacy throughout the rulemaking process. EMA
intends to submit comments supporting EPA's proposed revisions and will
provide additional data and information from fuel marketers and cargo
tank operators regarding the practical challenges of complying with the
2024 standard. Members with test results, retesting or repair costs, or
other relevant experience are encouraged to share that information with
EMA. The Association will continue working with EPA and Congress to
ensure that the final requirements are technically feasible,
cost-effective, and capable of being reliably demonstrated under EPA's
testing procedures. Until EPA issues a final rule, the 2024 requirements
remain in effect.
“EMA commends EPA for addressing the challenges posed by the
infeasible 2024 vapor tightness standard, and we thank the members of
Congress who have continued to elevate this issue and support America’s
small business fuel marketers,” said EMA President Rob Underwood.
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