Reminder: EVR Deadline 1 Year Away
For the last eighteen months, the Association has reported on the NJ Department of Environmental Protection’s (“DEP”) Enhanced Vapor Recovery ("EVR") upgrade mandate.
When we first touched on this topic over a year ago, and the December 23, 2024 deadline, the urgency to contact a reliable contractor and have the required work done may have seemed premature.
Nevertheless, as you read this we are at the start of 2024 and the deadline is now less than 12 months away.
As we it can take a protracted amount of time to have repairs and updates completed (never mind interviewing and retaining a reputable contractor) twelve months of lead time is not much time at all.
In taking a step back for anyone who has not read through our previous recounting of this, the EVR upgrades affect all locations with underground storage tanks (“USTs”) installed prior to December 23, 2017.
Any tanks installed on/after December 23, 2017 are unaffected; and should have had these enhancements made at the time of installation.
This means any station build before December 23, 2017, must upgrade to new, full EVR requirements by December 23, 2024.
For those locations requiring the upgrade, the update will include a California Air Resources Board (“CARB”) Certified Phase 1 system, and includes enhanced rotatable fill adapters, dust caps, spill buckets, hoses, and other requirements.
Any station that does not upgrade their facility by December 23, 2024 may face fines or penalties for non-compliance.
Looking to the recent past and a similar mandate deadline, we can find a correlation between the EVR upgrade and the implementation of the Stage II Vacuum Assist Vapor Recovery decommissioning (which ended on December 23, 2020). Like the current compliance update, the Stage II decommissioning was years in the making. However, many station owners waited until a few months before the deadline to contact a contractor and being the process. By that time, it was much too late. All the reputable contractors were committed to numerous upgrade projects throughout the state. There was no way for the contractors to complete the jobs that were contractually obligated to complete before starting the work on those stations that procrastinated and waited until the last second. Unsurprisingly, many of those locations received violations and paid hefty fines for their non-compliance.
Knowing this, the Association highly recommends all affected stations comply with the upcoming mandates now – 12 months ahead of the deadline. Any station with tanks installed before December 23, 2017 should contact their compliance vendor to inquire about the updates and schedule their completion immediately.
Even if you think that it’s okay to wait until the last second, remember that manpower and materials are often at a premium. Even if you find someone trustworthy to do the work, there’s nothing to guarantee against a shortage of knowledgeable staff or quality materials on hand by the time the project is complete. To avoid that scenario, and the higher costs that are likely to go with it, get the ball rolling and plan your upgrade today!