C
S
II
Submissions should be forwarded by 5pm on Friday, 21 October, 2011 to:
Eoin Deegan,
Department of the Environment, Community and Local Government,
Newtown Road,
Wexford or eoin_deegan@environ.ie
1

1. Background
1.1
Directive 2009/126/EC
1
of the European Parliament and of the Council of 21
October 2009 on Stage II Petrol Vapour Recovery (PVR II) is due to be transposed into national legislation before 1 January 2012.
1.2
The objective of Directive 2009/126/EC is to reduce emissions of volatile organic compounds (VOC) into the atmosphere from vehicle re-fuelling activities at service stations, in order to reduce the adverse impact of VOC on human health and the environment.
1.3
Petrol contains VOC, carbon-based chemicals that evaporate readily into the atmosphere. Once emitted to air, VOC are associated with several health and environmental problems: o Formation of ground-level ozone and photochemical smog; o Poor local air quality (benzene in air); o Atmospheric warming and climate change.
1.4
Once released into the atmosphere VOC can react in the presence of sunlight with nitrogen oxides emitted from combustion processes to form ground level ozone and other components of photochemical smog. The potential impacts of groundlevel ozone include reduced lung function, increased incidence of respiratory symptoms, respiratory hospital admissions and mortality. Ground-level ozone can also cause damage to many plant species leading to loss of yield and quality of crops, damage to forests and impacts on biodiversity. Benzene is a VOC and a component of petrol. It is also a known human carcinogen and is associated with a heightened risk of illnesses such as leukaemia.
1.5
Directive 94/63/EC on the control of VOC emissions resulting from the storage of petrol and its distribution from terminals to service stations (often referred to as
Stage I Petrol Vapour Recovery or PVR I) has been given effect in the State since
1997 by the following Regulations: o Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution)
Regulations, 1997 (S.I. no. 374 of 1997)
2
; o Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997
(S.I. no 375 of 1997) 3 .
1.6
The Environmental Protection Agency (EPA) regulates petrol storage and distribution terminals under S.I. no. 374 of 1997. Petrol storage installations involved in the loading of petrol into, or unloading of petrol from, mobile containers are required to apply to the EPA for a VOC permit. Further
1 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:285:0036:0039:EN:PDF
2 http://www.irishstatutebook.ie/1997/en/si/0374.html
3 http://www.irishstatutebook.ie/1997/en/si/0375.html
2

information on VOC permits issued by the EPA for petrol storage and distribution can be obtained from the EPA website at the link below: http://www.epa.ie/whatwedo/licensing/voc/
1.7
Service stations and mobile tankers are regulated by local authorities under S.I. no. 375 of 1997.
Owners of service stations are required to ensure that petrol loading and storage equipment at a service station are designed and operated in accordance with the Regulations. Local authorities appoint suitable persons to carry out assessments to ensure compliance.
1.8
Directive 2009/126/EC extends the requirement to control and recover VOC emissions to the refuelling of individual vehicles. Inside a petrol tank, petrol vapour accumulates in the space above the liquid petrol. When a vehicle is refuelled, the vapour is forced out from the fuel tank by the incoming fuel and, unless controlled, escapes into the atmosphere through the filler neck of the fuel tank (see Appendix 1).
1.9
Stage II Petrol Vapour Recovery (PVR II) captures this escaping vapour. This is done by creating a vacuum to draw back and capture the vapour through the dispensing hose and nozzle, either to the station's underground storage tank
(‘conventional’ PVR II – see Appendix 2 ) or directly back to the fuel pump (‘at pump’ PVR II – see Appendix 3). Conventional PVR II results in the vapour eventually being returned to the oil supplier via the petrol tanker, much in the same way as currently happens under Stage I Vapour recovery (See Appendix 4).
The ‘at pump’ PVR II technology is a more recent development and does not require any modification of the underground pipe work of the service station. In this scenario, the petrol is recovered and resold at the usual forecourt price, however, duty and supply costs will have already been paid for the recovered fuel.
1.10
Directive 2009/126/EC obliges Member States, as a minimum, to put in place measures to provide for petrol vapour recovery during the refuelling of motor vehicles at service stations. Member States may decide, following consultation with the European Commission, to implement more stringent protective measures and/or limits than those set out in the Directive.
1.11
National legislation will be introduced under the European Communities Acts
1972 to 2007, as amended, to give effect to the provisions of Directive
2009/126/EC. There is an obligation on all Member States to transpose the
Directive before 01 January 2012. Member States that fail to do so are liable for infringement proceedings and may be fined.
3

2. Stage I Petrol Vapour Recovery (already in effect)
2.1 Directive 94/63/EC on Stage I Petrol Vapour Recovery provides for measures to minimise VOC emissions from the storage of petrol at terminals and service stations, from loading and unloading at terminals, and from unloading at service stations.
2.2
The Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997
(S.I. no 375 of 1997) transposed into Irish law certain articles of Directive
94/63/EC concerning the distribution of petrol to, and the storage of petrol at service stations. The Regulations also provide for the monitoring of compliance of service station and mobile container operators by the relevant local authorities.
Certification Process for Service Station
2.3
The local authority approves such person or persons as it considers possess the appropriate knowledge, training and experience to perform the functions of an approved assessor under the Regulations.
2.4
Owners of service stations are required to ensure that petrol loading and storage equipment at a service station are designed and operated in accordance with the provisions of the Regulations. It is the duty of a manager of a service station to ensure that testing is carried out by an approved assessor so as to ensure compliance with the requirements of the Regulations. If the approved assessor is satisfied that a service station is in compliance with the Regulations, a report to that effect is submitted to the local authority. If the local authority is satisfied that the approved assessor’s report demonstrates compliance with the Regulations, it issues a certificate of testing to the service station which is valid for up to three years.
Certification Process for Mobile Carriers (petrol tanker operators)
2.5 A similar process is in operation, local authorities approve persons considered to have the appropriate knowledge, training and experience to carry out the proper checks and tests (vapour tightness etc.) on mobile containers to ensure that they are in compliance with the regulations.
2.6 The approved assessor signs the certificate of compliance if they are satisfied that the carrier is in compliance with the Regulations. The carrier is required to keep available the certificate issued for inspection at his/her place of business. In addition, the carrier must fit his/her mobile container with a metal plate with details of when the compliance testing was carried out and who the approver was.
A certificate of compliance needs to be obtained no later than 3 years after the last certificate was issued. It is matter for the local authority to carry out periodic inspection of the certificate of compliance and the metal plate.
4

3. Application of Directive 2009/126/EC
3.1 Directive 2009/126/EC provides that new service stations which meet either of the following two criteria will be required to be equipped with PVRII technology to recover VOC during refuelling of vehicles:
 throughput* >100m
3
(or 100,000 litres) and situated under living or working quarters
 throughput* >500m
3
(or 500,000 litres)
* ‘throughput’ is defined as the actual or intended annual quantity of petrol unloaded from mobile containers into a service station
3.2 Service stations in existence before 1 January, 2012 when undergoing their next major refurbishment will need to install PVRII technology if they meet either of the following two criteria:
 throughput* >100m
3
(or 100,000 litres) and situated under living or working quarters
 throughput* >500m
3
(or 500,000 litres)
3.3
In addition, the Directive requires that service stations with a throughput*
>3,000m 3 (or 3,000,000 litres) will be required to install PVRII technology by 31
December, 2018 at the latest or sooner if undergoing a major refurbishment before that date.
Summary
New or Existing
Station
Actual or Intended throughput Deadline for installing PVR II
New
Station
Service

Greater than 500m 3 /year

Greater than 100m
3
/year and it is situated under permanent living quarters
1 January, 2012
Existing
Station
Service

Greater than 500m
3
/year

Greater than 100m
3
/year and it is situated under permanent living quarters
When the existing service station undergoes a major refurbishment
Existing Service
Station

Greater than 3000m
3
/year 1 January 2018 or undergoes a major refurbishment (whichever is sooner)
‘new service station’ means a service station which is built or for which an individual planning permission, construction licence or operating licence is granted on or after 1 January 2012;
‘existing service station’ means a service station which is built or for which an individual planning permission, construction licence or operating licence is granted before 1 January 2012;
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4. Directive Requirements: Minimum level of Petrol Vapour Recovery
4.1
The Directive provides that the petrol vapour capture efficiency of PVR II systems is equal to or greater than 85% as certified by the manufacturer in accordance with relevant European technical standards or type approval procedures referred to in Article 8 (Technical Adaptations) or in the absence these, national standards. Essentially this is a measure of the percentage of vapours that would otherwise have been emitted to air if PVR II technology was not in place. An ‘abatement efficiency’ test is carried as part of a type approval test of a vapour recovery system.
4.2 Where the recovered petrol is transferred to a storage tank at the service station the vapour/petrol ratio shall be equal to or greater than 0.95
but less than or equal to 1.05. Control devices within vapour recovery systems ensure that the amount of vapour recovered is in proportion to the amount of fuel dispensed. More accurate control over vapour flow rates improves the performance of vapour recovery systems. Ideally the ratio between the volume of vapour recovered and the volume of petrol dispensed should equal 100%. It has been estimated that
1,000 litres of recovered vapour will produce 1 litre of recovered fuel.
5. Directive Requirements: Periodic checks and consumer information
5.1
‘In-service’ PVR II systems are to be tested at least annually to ensure the petrol vapour capture efficiency is at least 85%. This can be done by testing the vapour/petrol ratio or any other appropriate methodology.
5.2
Automatically monitored PVR II systems are to be tested at least once every three years to ensure the petrol vapour capture efficiency is at least 85%. This can be done by testing the vapour/petrol ratio or any other appropriate methodology. Any such PVR II system shall automatically detect faults in both the PVR II system and the monitoring system and stop the flow of petrol if the fault is not rectified within 7 days.
5.3
Service stations which have installed a PVR II system must display a sign, sticker or other notification on, or in the vicinity of the petrol dispenser, informing customers of this fact.
6. Directive Requirements: Penalties
6.1 The State is required to introduce penalties for breaches of legislation adopted pursuant to the Directive. The penalties must be effective, proportionate and dissuasive. Current penalties allowed for under the European Communities Acts include a class A fine of up to €5,000 or three months in prison or both. Penalties for conviction on indictment under the European Communities Acts include a fine of up to €500,000 or 3 years in prison.
6

Views on the transposition of Directive 2009/126/EC and on how Stage II PVR can be best implemented are now being invited.
As part of the consultation process, submissions are also invited on the current operation of the Stage I PVR Regulations.
A number of questions which attempt to assist the consultation process are listed on the following two pages.
Submissions should be forwarded to Eoin Deegan, Department of the Environment,
Community and Local Government, Newtown Road, Wexford or eoin_deegan@environ.ie by 5pm on Friday, 21 October, 2011
7

Stage I Petrol Vapour Recovery

How is the implementation of the Stage I PVR operating and how can it be improved?
Stage II Petrol Vapour Recovery

Scope of the legislation
The Directive exempts certain categories of petrol stations from having to implement
PVR II measures. Should the national legislation also provide these exemptions? ( It should be noted that the legislation which transposed the Stage I PVR Directive
94/63/EC is more stringent (S.I. 375 of 1997- see section 2 above) as it applies to all service stations, even though Directive 94/63/EC provides for an exemption for stations with a throughput of less than 100m
3
.

Inspection / Certification process
–
Given that a Stage I PVR inspection and certification system is already in place and compliance must be demonstrated every three years, there should be scope to combine Stage I and II PVR inspection/certification process if petrol stations install an automatically monitored PVR system.
– Is there a preference for local authorities to approve persons to undertake inspections or for such inspectors to be certified centrally?

Questions particularly relevant to industry :
–
How many petrol stations are there in your organisation currently in operation in the State?
– How many petrol stations in your organisation have an annual throughput of petrol of o <100 m
3 o >500 m 3 o >3,000 m
3
–
How many petrol stations in your organisation are situated under permanent living quarters or working areas?
– How many new petrol stations are scheduled to come into operation during 2012?
–
How often do stations on average undergo a major refurbishment? It has been suggested that the investment cycle in the fuel retail sector is every
15 years. Please provide a schedule of when stations with a throughput
>500 m
3
but <3,000m
3
are due to undergo a major refurbishment. (Note
8

all stations >3,000m
3
must install PVR II by 2018 regardless of when their next major refurbishment is).
–
Estimates for the cost of installing the new technology vary, depending on numerous variables including; which type of PVR system is installed
(conventional or at pump); whether the work is scheduled or unscheduled; whether underground pipe work already exists; how many petrol dispensers are on the site; and whether nozzles will be new or retro-fitted.
It has been estimated that the scheduled installation cost is in the region of
€33,000 for a forecourt with a throughput of 2,000-3,000 m 3 year (4 dispensers each with 4 nozzles). The cost difference between being able to retrofit a dispenser and having to replace the dispenser in the case of nonscheduled refurbishment is significant. Unscheduled installations of PVR
II have been estimated to cost as much as €86,000 (where the dispenser installed is new and the throughput of the station is 2,000-3,000 m 3 year, 4 dispensers each with 4 nozzles). The UK has estimated that the typical capital costs of installing Stage II controls are estimated to be around
€35,000 for a new service station (or an existing service station installing controls as part of a major refurbishment) with an annual throughput of
3,000 to 3,500m
3
. Can you please indicate if these figures are reasonably stated?
– Can you please indicate if the requirement for PVR II technology will impact the price of petrol? Historical estimates suggest that there prices may increase by €0.01 per litre for stations with a throughput of 500m 3
per year to as little as €0.003 per litre for stations with a throughput of
5,000m
3
–
On-going costs: Annual maintenance and power costs to run the technology also vary depends primarily on the number of dispensers in operation at the service station have been estimated to be €625 per annum for a service station with an annual throughput of 3,000 to 3,500m
3
(four dispensers assumed). Can you please indicate if these figures are reasonably stated?
–
Compliance costs: The inspection process (annual or every three years depending on whether the monitoring system is in-service or automatic) will also attract a fee. In addition, the authority responsible for issuing a certification of compliance will also charge an administrative fee (the fee is approximately €64 for Stage I PVR certification).
–
Can you indicate your preference for a Conventional PVR system or an At
Pump PVR system?
–
Can you indicate your preference for an automatic monitoring PVR system or an in-service PVR system (see paragraph 5.1 and 5.2).
9

V e h i i c l l e
’ ’ s s P e t t r o l l T a n k
Appendix 1
P e t t r o l l v a p o u r
L i i q u i i d p e t t r o l l
P e t t r o l l v a p o u r
L i i q u i i d p e t t r o l l
10

Appendix 2
S t t a g e I I I I P V R – “ C o n v e n t t i i o n a l l ”
P e t t r o l l D i i s p e n s e r r
V e h i c l l e F u e l
T a n k
P e t t r r o l l
V a p o u r r
L i i q u i i d P e t t r r o l l
P / / V
V e n t t
V a l l v e
U n d e r r g r o u n d
P e t t r r o l l S t o r r a g e T a n k
P e t t r r o l l L i i q u i i d p u m p
11

Appendix 3
S t t a g e I I I I P V R – “ A t t p u m p
”
12

Petrol Tanker
Appendix 4
S t t a g e I I P V R
Petrol Filling Station vapour petrol liquid petrol

Underground
Storage Tank
13

Appendix 5
International Context
Directive 2009/126/EC is one of a suite of measures introduced by the European Union to reduce emissions of VOC to air, including: o Directive 1999/13/EC
4
on Solvents Emissions (limits emissions of VOC from specified installations using solvents above prescribed thresholds); o Directive 2004/42/EC
5
on Decorative Paints (limits the VOC content of paints) o Directive 98/70/EC
6
on Fuel Quality (limits the benzene content of petrol) o Decision No 1600/2002/EC 7 (Sixth Community Environment Action
Programme established need to reduce air pollution); o Directive 2008/50/EC
8
on ambient air quality and cleaner air for Europe
(sets limits for concentrations of ground-level ozone and benzene) o Directive 2001/81/EC
9
National Emissions Ceiling (which sets a limit for emissions of volatile organic compounds); o Regulation (EC) No 715/2007
10
Euro 5 and Euro 6 standards (restricts emissions of hydrocarbons from light passenger and commercial vehicles.
In addition, under the United Nations Convention on long-range transboundary air pollution, Geneva Protocol 11 on the control and emission of volatile organic compounds there is an obligation on the Parties to the Protocol to control and reduce their national emissions of VOC.
4 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1999L0013:20090112:EN:PDF
5 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:143:0087:0096:EN:PDF
6 http://eur-lex.europa.eu/LexUriServ/site/en/consleg/1998/L/01998L0070-20031120-en.pdf
7 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002D1600:EN:HTML
8 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:152:0001:0044:EN:PDF
9 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:309:0022:0030:EN:PDF
10 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2007R0715:20080731:EN:PDF
11 http://www.unece.org/env/lrtap/vola_h1.htm
14