James Hosmanek, an ex-Marine, has operated his San Bernardino Chevron station for 21 years, patiently installing equipment to control gasoline emissions, even as the region's air grew smoggier.
Now he says he can't, and won't, obey the latest mandate: a state order to buy sophisticated nozzles and hoses to capture more of the vapors that cause respiratory disease and cancer. "It may be necessary to protect public health," he says. "But it's unaffordable."
Today is the deadline for California's 11,000 gasoline stations to comply with the nation's most stringent controls on the fumes that seep from refueling cars. And Hosmanek is among the estimated one of five station owners who have joined an open rebellion against air pollution authorities.
Last week, spurred by a high-decibel campaign by gasoline trade associations, Gov. Arnold Schwarzenegger called on the Legislature to delay enforcement by a year.
"Improving California's air is of the utmost importance," he wrote legislators. But "enforcement flexibility is an absolute necessity to ensure against the job and financial losses that could come from stations being shut down or fined for non-compliance."
If the Legislature agrees, it would be the second time in the last two months that business interests have succeeded in rolling back a major pollution regulation. In February, a measure was added to the state's budget package allowing construction firms to delay retrofitting diesel bulldozers and other equipment.
Ten public health and environmental groups have vowed to fight the vapor rule rollback.
"We are extremely disappointed with the governor's action," said Bonnie Holmes-Gen of the American Lung Assn. "California must not bend to pressure from a small group of gasoline station owners who are using the current economic situation as an excuse."
A campaign against the measure in recent weeks was laced with misleading information, according to officials with the California Air Resources Board. One alert mailed by the Responsible Clean Air Coalition, a group led by a former John McCain campaign staffer, Tom Kise, charged that, "On April 1st, more than 6,000 gas stations statewide are going to shut their doors because of zealous Sacramento bureaucrats."
But in a letter to legislative leaders Friday, local air pollution districts charged with enforcing the rule said, "Air districts do not intend to shut down any stations on April 1." Station owners have known about the deadline for four years, the letter said.
