### COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & 

### E NVIRONMENTAL AFFAIRS 

## DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOS TON, MA 02108 617-292

-6500

DEVA L L. PA TRICK Governor IAN A
. BOWL ES Secret ar)' TIMOTHY P. MURRA Y Lieutenant Governor



### 310 CMR 7.24(6) U. Dispensing of Motor Vehicle Fuel {Stage II Vapo r Recovery)
RESPONSE TO COMMENTS FOR AMENDMENT TO REGULATIONS 310 CMR 7 .00 FOR THE CONTROL OF AIR POLLUTION IN THE

BERKSHIRE AIR POLLUTION CONTROL DISTRICT PIONEER VALLEY AIR POLLUTION CONTROL DISTRICT MERRIMACK VALLEY AIR POLLUTION CONTROL DISTRICT METROPOLITAN BOSTON AIR POLLUTION CONTROL DISTRICT · CENTRAL MASSACHUSETTS A IR POLLUTION CONTROL DISTRICT SOUTHEASTERN MASSACHUSETTS AIR POLLUTION CONTROL DISTR ICT
STATUTORY AUTHORITY M.G.L. c. 111, Sections 142A through 1 42 N

December 2008 LAURIE BURT Commtssioner

T hi s informatio n is available in alternate format. Call Donald M. Gomes, ADA Coordinator at617-556-1057. TDDII I-866

-539

-7622 or 1-617-574-6868. MassDEP on the Worl d Wide Web: h ttp://www.mass

.gov /dep 

# 0 Printed on Recycled Paper

### I. INTRODUCTION In accordance with the provisions ofM.G.L. chapter 30A, public hearings were held at the Springfield City Hall and the Boston office ofthe Department ofEnvironmental Protection (MADEP) on April 30 and May 1, 2008, respectively, to receive testimony on proposed amendments to the Air Pollution Control Regulations at 310 CMR 7.00. The public comment period remained open until 5 p.m. on May 12, 2008. This document provides a response to the comments presented during the public comment period and additional revisions to the proposed amendments to 31 0 CMR 7.24(6) as a result ofeditorial review and changes to documents cited in the proposed amendments that were revised subsequent to MADEP initiating the public hearin& process. 

### II. BACKGROUND The MADEP proposed to adopt revisions to 310 CMR 7.24(6) U Dispensing of Motor Vehicle Fuel (Stage II) because certain sections of the cunent regulation were found to be unclear or at odds with efficient and effective program implementation and facility compliance. The proposed amendments address those issues as well as a number of housekeeping measures to update applicable program requirements. Once promulgated, MADEP will submit the amended regulations to the United States Environmental Protection Agency (USEPA) as a formal revision to the Commonwealth of

.Massachusetts Ozone State Implementation Plan (SIP) pursuant to the provisions of40 CFR Part 51. 

### III. COMMENTS RECEIVED DURING PUBLIC HEARING/COMMENT PERIOD Commenter: USEPA New England Region A. PN Vent Caps The language in proposed Section 7 ofthe rule reads: "On or after (THE EFFECTIVE DATE OF THESE AMENDMENTS), any person who owns, leases, operates or controls a newly installed motor vehicle fuel dispensing facility where a Stage II system is installed in compliance with 3 10 CMR 7.24(6)(a) 1. 

### sha ll install a pressure/vacuum 

### (PN) vent cap on each underground motor'vehicle fuel storage tank vent located at said facility, prior to commencing operation. Any person who owns, leases, operates or controls an existing motor vehicle fuel dispensing facility where a vapor balance Stage II system is installed as of(THE EFFECTIVE DATE OF THESE AMENDMENTS) shall install a 

### PN vent cap on each underground motor vehicle fuel storage tank vent on or before said facility 's first Annual In-Use Compliance Certification submittal due date after (THE EFFECTIVE DATE OF THESE AMENDMENTS + 30 days). Each 

### PN vent cap shall maintain 3.0+/-0.5 inches of water pressure, and 8.0+/-2.0 inches ofvacuum." We understand that 

### PN vents are already required on facilities which have Stage II vacuum assist type systems under other provisions ofthis rule. Nevertheless, we believe 

## it should 

## be made clear that such a requirement exists 

## in this section as well which

### directly addresses 

### PN vent requirements, and includes the 

### PN performance requirements. MADEP Response: 

### In response to this comment, the Department added the underlined clarifying note below. "On or after (THE EFFECTIVE DATE OF THESE AMENDMENTS), any person who owns, leases, operates or controls a newly installed motor vehicle fuel dispensing facility where a Stage II system is installed in compliance with 310 CMR 7.24(6)(a) 1. shall install a pressure/vacuum 

### (PN) vent cap on each underground motor vehicle fuel storage tank vent located at said facility, prior to commencing operation. Any person who owns, leases, operates or controls an existing motor vehicle fuel dispensing facility where a vapor balance Stage II system is installed as of (THE EFFECTIVE DATE OF THESE AMENDMENTS) shall install a 

### PN vent cap on each underground motor vehicle f uel storage tank vent on or before said facility's first Annual In-Use Compliance Certification submittal due date after (THE EFFECTIVE DATE OF THESE AMENDMENTS+ 30 days) Each 

### PN vent cap shall maintain 3.0+/-0.5 inches ofwater pressure, and 8.0+/-2.0 inches ofvacuum.'' Note: Per the applicable CARB Executive Orders. above ground motor vehicle fuel storage tanks and all underground motor vehicle fuel storage tanks with vacuum assist type Stage II systems are also required to have 

### PN vent caps. B. ESS and Stage II 

### Vapor Recovery In the past few months, several questions have been raised about the need to install Stage II vapor recovery systems on new gasoline stations which will dispense only E85 (fuel which is 85% ethanol and 15% petroleum based gasoline). EPA policy would not require such new stations to install Stage II controls, 1 

### and we understand the Commonwealth has put forward a policy addressing this issue. We believe the Commonwealth has the opportunity to address this issue directly in the revised rule. MADEP Response: MADEP agrees with this comment, Stage II vapor recovery systems are unnecessary for the dispensing ofE85. MADEP will propose regulations for the dispensing of gasoline/ethanol blends in January 2009. C. Requiring the Installation of ORVR Compatible Stage 

### II Systems At New or Substantially Modified Motor Vehicle Fuel Dispensing Systems We recommend that Massachusetts consider requiring Stage II systems that are ORVR compatible (i.e., compatible with onboard refueling vapor recovery controls on vehicles). An earlier draft ofthe rule included language which would have required new and modified stations to install Stage II ORVR-compatible equipment. That language, however, has not been included in the proposal. Based on discussions with staffat the California Air Resources Board (CARB), we understand that ifstations are able to just install ORVR nozzles and other hanging hardware, without needing to excavate, the cost

1 

### See http://www.epa.gov/ttn/oarpg/tI /memoranda/stage ii 

### vapor recovery 1 21806.pdf

2

### could be between $5,000 and $10,000 per station. New installations·or these facilities that are changing out the nozzles and other hanging hardware as part ofroutine maintenance could expect a much smaller incremen tal cost to become ORVR compatible. Therefore; such controls should be considered as the state contemplates potential cost-effective control strategies to meet future air quality goals. 

## MADEP Response: The proposed amendments did not include any discussion of requiring the installation of ORVR compatible Stage II equipment. Changing the proposed amendments

. to include such a requirement would not be appropriate without proper notice and public hearing. 

## IV. EDITORIAL CORRECTIONS AS A RESULT OF DEPARTMENT REVIEW As a result of Department review certain editorial corrections were made throughout the text of the regulation. These corrections are noted in the attached Redline/Strikeout copy of the final amendments to 310 CMR. 7.24 (6). 

## V. REVISION TO MADEP'S USE OF DEPARTMENT OF FIRE SAFETY'S FP-290 DOCUMENTS RELATIVE TO STAGE II FACILITY CLOSURES. Between the time MADEP initiated the public hearing process fo r the proposed amendments to the Stage II regulatio

. ns and the current final promulgation ofthose amendments, the Department of Fire Safety revised its FP

-290 documents. As a result, MADEP has revised those sections of the proposed amendments relating to the temporary and permanent closure of Stage II facilities (310 CMR 7.24(6)(e) 3.) to reflect those changes. Below are the changes made to 310 CMR 7.24(6)(e) 3. 3. Any person subject to the requirements of310 CMR 7.24(6) seeking to permanently or temporarily take out of use an existing motor vehicle fuel dispensing facility or tank tl uck shall submit to the Department a fully completed and signed Stage II System Closure Notification, on a form obtained from the Department.

a. Said Notification shall include the following: 

## i. the name of the Stage II facility owner, operator, lessee or controller and related business information, including the name and address of the facility where the Stage II system was located or from which the tank truck was principally operated, as applicable; ii. the Stage II Facility Customer Code number for the applicable facility or tank truck; and

m. a fully completed Notifieation For Storage Tanks Regulated Under 527 CMR 9.00 (FP 290) Form, as issued by the local Fire Department, doeurnenting that the applicable facility or 

### tan1< truck is either permanently or temporarily taken out of use .

### iii

. a 

## copy of the Notification For

3

### Removal or Closure of In Place Underground Storage Tanks Regulated under 527 CMR 9.00 CFP-290R) Form, documenting the permanent or temporary out of use status of said facility or tank truck or record with the Massachusetts Department ofFire Safety.

a. Any person suBject to the requirements of 310 CMR 7.24(6) who temporarily takes out of use a motor vehicle fuel dispensing facility shall, prior to re commencing the distriaution of motor 'rehicle fuel, perform and pass all applicable compliance tests and suamit to the Department a fully completed Installation/Substantial Modification Certification as required ay 31 0 CMR 7.24(6)(c) 1. Said temporary Notification shall ae renewed as necessary· ay suamitting an updated, fully completed Installation/Suastantial Modification Certification, on or before the annual anniversary of the date the locaJ Fire Department signed the required FP 290 Form. Said renc',\'al shall include a current FP 290· Form, as·issued by the local fire Department, documenting the facility 's continued temporary out ofuse status
.b. The temporary out of use status of a motor vehicle fuel dispensing system sha ll be renewed as necessary by any person subject to the requirements of 310 CMR 7.24(6) by submitting a new fully completed Stage II System Closure Notification on or before the annual anniversary of the effective date said dispensing system was taken out of use, as noted in the required FP-290R Form. Said renewal shall include a current FP290R Form for said dispensing system on record with the Massachusetts Department of Fire Safety documenting the system's continued temporary out of use status.

c. Any person subject to the requirements of 310 CMR 7.24(6) who temporarily takes out ofuse a motor vehicle fuel dispensing system shalL prior to recommencing the distribution of motor vehicle fuel, perform and pass all applicable compliance tests and submit to the Department a fully completed Installation/Substantial Modification Certification as required by 310 CMR 7.24(6)(c) 2. e;d, 

### Any person subject to the requirements of 310 CMR 7.24(6), where the motor vehicle fuel dispensing facility is either-permanently or temporarily taken out of use, shall no longer be 

### subject to 3 I0 CMR 7.24(6) as of the effective date the facility was permanently taken out of service as referenced in the required FP-290R Form. The changes to the proposed 3 10 CMR 7.24(6)(e) 3., with respect to the Department's use of the Department of Fire Safety's FP-290 documents , are not substa ntively different from the proposed amendments and clarify the proper forms to use.

4

# 2009 FEB 

# 20 PM 

# 2:**5~** THE COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary ofthe Commo nwealth 

## Regulation Filing To be completed by filing agency Docket# 

### 540

CHAPTER NUMBER: 310 CMR 7. 00**----~~~~~~~~ ---------------------------------------------**  CHAPTER TITLE: 

### Air Pol l ution Co ntrol AGENCY: 

### De par t m e nt o f Environ me ntal P r o tecti o n
SUMMARY OF REGULATION: 

### State the general requirements andpurposes ofthis regulation. In 2000, the Department amended the Stage II regu lations to require weekly visual inspection of Stage II systems, annual compliance testing and facility compliance certification, as well as measures designed to streamline program implementation and compliance. Since 2000, as the Department and Stage II regulated community started to Implement and comply with the requirements of the revised Stage II program, certain sections of the regulations were found to be unclear or at odds with efficient and effective facility compliance. The proposed amendments sought to address those issues as well as a number of.housekeepi

_ ng measures to update applicable program REGULATORY AUTHORITY: · M

.G.L. c. 111, Sections 142A -142N**--------~-------------------------------------------------** AGENCY CONTACT: Tom DeNormandie**~~~~~~~-------------------------** PHONE: (617) 292 -5763 ADDRESS: MADEP, BWP- Stage II Program, 7th Floor, One Winter St. Boston, MA 02108 

### Compliance with M.G.L. c . 30A EMERGENCY ADOPTION
- ifthis regulation is ad o pted as an emergency, st ate the natur e ofthe emergenc y.

PRIOR NOTIFICATION AND/OR APPROVAL- If priornotification to and/or approval ofthe Governor, Legislature or others was required, list each notification, and/or approval and date, including notice to the Local GovernmentAdvisory Commission. N/A

PUBLIC REVIEW
- M. G.L. c. 30A sections 2 and /

or3 requires notice ofthe hearing or comment period be filed with the Secretary ofthe Commonwealth, published in appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to such hearing orcommentperiod. 

### Date of publ ic hearing or comment period: April 30, 2008 ·May 12, 2008

### ..;CAL EFFECT
- 

### Estimate the fiscal effect ofthe public andprivate sectors. For the first and second year: Improved program efficiency will reduce costs. 

### For the first five years: Improved program efficiency will reduce costs. 

### No fiscal effect: SMALL BUSINESS IMPACT- State the impact ofthis regulation on 

### small bu$iness. Include 

### a description of reporting, record keeping and other compliance requirements as well as the appropriateness of performan· ce versus design standards and whether this regulation duplicates orconflicts with any other regulation

. Ifthe purpose ofthis regulation is to set rates for the state, this section does not apply. Improved program efficiency will reduce costs.



### CODE OF MAS$ACHUSETTS REGULATIONS INDEXStage II Vapor Recovery List key subjects that ere relevant to this regulation:



### PROMULGATION
- State the action taken by this regulation and its effect on existing provisions ofthe Code of

### Massachusetts Regulations (CMR) or repeal, replace oramend. List by CMR number: Replace 310 CMR 7.24(6) Dispensing of Motor Vehicle Fuel.



### ATTESTATION
- The regulation described herein and attached hereto is 

### a true copy ofthe regulation adopted by this agency.**A~** 

### SIGNATURE:

# 0**J~** CT: DATE :

_ 1

# ;;._t.-o_f,_,_9

____ _ Publication
- 

### To be completed by the Regulations Division MASSACHUSETTS REGISTER NUMBER: 

### _:.:.. 1 .....,

12_5

______ DATE:



### _ ....:3:..L/......;:6:..L/....:0::.,;9 :_ ___ _ EFFECTIVE DATE: 

### 3/1/09 CODE OF MASSACHUSETTS REGULATIONS 

### Remove these 

### a es: 

### 185

- 186.2 193

- 196 250.65

- 250.68 Insert these 

### a es:


### 185

- 186.2 193

- 196.2 250.65

- 250 .68

### . 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION DEFfl\!ITIONS : -continued INTERIOR BODY SPRAY means anycoating sprayed on the interior of the can body to provide a**pro~ective** 

### film between the product and the can. ISOLATE means for the purposes of 310 CMR 7.24(6), to take out ofservice one or more components ofa Stage II 

### system so that the remainder of the Stage ll

### system operates 

### as required by the terms and conditions ofthe system's currently applicable Executive Order. KNIFE COATING means the application ofany coating to a substrate by means ofdrawingthe substrate beneath a 

### thin blade that spreads the coating evenly overthe full width of the !;Ubstrate LARGE APPLIANCE SURFACE COATING means the coating ofdoors, cases, lids, panels, and interior support parts ofresidential and commercial washers, dryers, ranges, refrigerators, freezers, water-heaters, dishwasher, trash compactors, air 

### conditioners, and other associated products. 

### LM.K (for the purpose of310 CMR 7.18(19) and 7
.24(8)) means the emission of a volatile organic compound concentration greater than or equal to I 

### 0,000 parts per million by volume (ppmv) as shovm by monitoring or dripping ofprocess fluid

. LEAKING COMPONENT (for the purpose of310 CMR 7.18(19) and 7.24(8)) means any component which has a leak. LEAN BURN ENGINE means a stationary reciprocating internal combustion engine in which the amount of

### 0 2 

### in the engine exhaust gases is 1.0% or more . LEASE CUSTODY TRANSFER means the transfer ofproduced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other form oftransportation

. LEATHER SURF ACE COATfl\!G means the coating of

## aleather substrate to impart properties that are not initially present, such 

### as strength, stability, water or chemical repellency, or appearance. LIGHT-DUTY TRUCK means .any motor vehicle rated at 8500 pounds gross vehicle weight or less which is designed primarily for the transportation ofproperty, except 

### as used in 310 CMR 7.40, LIGHT DUTY TRUCK means any motor vehicle, rated at 6000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation ofproperty or is a derivative of such a vehicle, or is available with special features enabling off-street or offhighway operation and use. LIGHT LIQUID (for the purpose of 310 CMR 7.18( 19)) 

### means a fluid with a vapor pressure greater than 0.3 kiloPascals (0
.044 psi) at 20°C. LIGH'fERINQ OR LIGHTERING OPERATION means the offshore transfer ofa bulk liquid cargo from one marine tank vessel to another vessel. LIQUID-MOUNTED SEALmeans aprimaryseal mounted in

### continuous contactwith theliquid between the tank 

### wall and the floating roofaround the circumference ofthe tank. LITHOGRAPHIC PRINTING means aprintingprocess in which the image and non-image areas of

the plate are on the same geometric plane. The image area is oil-receptive (hydrophobic) and the non-image area is water receptive (hydrophilic). LOADING EVENT means an occurrence beginning with the connecting of marine terminal storage tanks to 

### a marine tank vessel by means of pipes or hoses followed by the transferring of organic liquid cargo from the storage tank into the tank vessel and ending with

### the disconnecting of

the pipes orhoses; or

### any other means ofadmitting 

### any other organic liquid into marine vessel cargo ta,nks.

316109 

### (Effective 3/1/09) 310 CMR- 185310 CMR: DEPARTMENT OF ENVIRO't\TMENTAL PROTECTION
DEFINITIONS: continued LOWEST ACHIEVABLE EMISSION RATE CLAER) means, for any source, the more stringent rate ofemissions based on the following: (a) The most stringent emissions limitation which is contained in any state SIP for such class orcategory ofstationary source, unless the ovmer oroperator of the proposed stationary source demonstrates that such limitations are not achievable; or (b) Themost stringent emissions limitation which is achieved in practice by such class or category ofstationary source. This limitation, when applied to a modification, means the lowest achievable emissionsrate for the new ormodified emissionsunits within a stationary source. In no event shallLAER allow a proposed new ormodified stationary source to emit any pollutantinexcess of the amount allowablepursuantto applicableNewSource Performance Standards of40 CFR Part 60. MAGNET \VIRE INSULATION SURF ACE COATING means the application ofelectrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery

. MAIL OUT means a widely distributed general correspondence issued by the California Air Resources Boa rd whenever said Board needs information from thepublic, or when it wishes to inform the public ofnew information

. MAKEUP SOLVENT means any solvent(s) which is(are) added to printing inks to reduce viscosity or otherwise modify properties. MALFUNCTION means any sudden, infrequent, and not reasonably preventable failure ofair pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. MANUFACTIJRERS ADVISORY CORRESPONDENCE means 

### a document i ssued by the California Air Resources Board, which is a policy interpretation for further clarification ofthe California Code ofRegulations applicable to motor vehicles. MANUFACTURING PLANT for purposes of310 CMR 7.18(7), means a stationary source where automobile or light-duty truck bodies are manufactured and/or finished. MARINE TANK VESSEL means any marine vessel which is capable ofcarrying liquid bulk cargo in tanks. MARINE TERMINAL means any facility or structure constructed to load or unload organic liquid bulk cargo into or out ofmarine tank vessels

. MARINE VESSEL means any tugboat, tanker, freighter, barge, passenger ship, or any other boat, ship, or watercraft except those usedprimarily for recreation. MASSACHUSETTS EMISSIONINSPECTION TESTING MANUALmeans a bookletwhich sets forth in detail the required exhaust emissions testing procedures to be used byall Certified Emissions Inspectors when performing the combined safety and emission inspection for motor vehicles which will result 

### in the issuance of a certificate of inspection or a certificate of rejection. MA TERlAL RECOVERY SECTION means a vacuum devolatilizer system, styrene recovery system, or other system of equipment which separates styrene monomer and/or reaction by-products from polystyrene, or separates styrene monomer from reaction by-products. MAXIMUM ACH1EVABLE CONlROL TECHNOLOGY means the standard established by the Administrator pursuant to the Clean Air Act, §§ 112 and 129 (42 U
.S.C. 7412 · and 42 U.S.C. 7429), that represents the maximum degree ofreduction in emissions ofhazardous air pollutants determined, after examination ofeconomics, health, and environmental impacts, to be achievable for new or existing sources in the category or sub-category to which the emission standard applies. MACT Standards may be determined by the Department pursuant to 40 CFR 63 Subpart B.


### 316109 (Effective 3/1/09) 310 CMR. • 186310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued MAXIMUM DESIGN CAPACITY means the rated design capacity, operating rate or production rate of an emission 

### unit 

### as detennined by the manufacturer of that unit or other method approved by the Department. METAL CAN SURFACE COATING means the coating oftwo or three piece metal cans. METAL 

### con. SURFACE COATING means the coating of any flat metal sheet or strip that comes in rolls or coils. 

## METAL FURNITURE SURFACE COATING means the coating ofany metal parts which will be assembled with other metal, wood, fabric, plastic, or glass 

### parts to form a furniture piece. MlNOR MODIFICATION means, f or the purposes of 31 0 CMR 7.24(6), the re-installation, repair or replacement of one or more Stage 

## n System components that is not substantial, including, but not limited to: less than 50% of the motor vehicle fuel dispensers (e

.g., 1 of4 dispensers); a central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle system; ball float extractor valve housings; dispensermounted vaporpumps; or "screw-on" spill ordrybreak buckets

. lfthe re-installation, repair orreplacementofStage IISystem components occurs at a motor vehicle fuel dispensing facility with two or less dispensers, there-installation, repair or replacement of only one of the motor vehicle fuel dispensers shall be a Minor Modification. MlSCELLANEOUS METAL PARTS AND PRODUCTS mean farm machinery (harvesting, fertilizing, and plant machines, tractors, combines, lawn mowers, rototillers, etc); small appliances; commercial and office equipment (computers and auxiliary equipment, typewriters, calculators, vending machines, etc.); fabricated metal products (metal doors, frames, etc.); industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.); and any other metal parts or products which are coated under Standard Industrial Classification Codes of Major Groups 33, 34, 35, 36, 37, 38, and 39. The use of autobody anti

-chip coatings and underbody plastisols in automobile and light-duty truck surface coating is considered coating ofmiscellaneous parts and products. In addition, this definition includes exterior coating of assembled entire aircraft and assembled entire metal marine vessels. This definition does not include metal cans, flat metal sheets, and strips in the form ofrolls or coils; magnet wire for use in electrical machinery; metal furniture; large appliances; automobile and light duty trucks, automobile refinishing; or customized topcoating ofautomobiles and trucks, ifproduction is less than 35 vehicles per day. MlST means any liquid aerosol fom1ed by the condensation of vapor or by the atomization of liquids. MOBILE EQUIPMENT means, for the purposes of310 CMR 7.18(28), any equipment that is physically capable of being driven or drawn upon a highway including but not limited to construction vehicles (such as mobiJe cranes, bulldozers and concrete mixers); farming equipment (such as tractors and plows); hauling equipment (such as truck trailers, utility bodies and camper shells) and miscellaneous equipment (such as street sweepers and golfcarts). MODEL YEAR means amotor vehicle manufacturer's annual productionperiod which includes January I ofacalendaryearor, if the manufacturer has no annual production period, the calendar year. In the case ofany vehicle manufactured in two or more stages, the time ofmanufacture shall be the dat e ofcompletion ofthe chassis. MODIFIED PART as used in 310 CMR 7.40 means any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part 

### in all respects which in any way affect emissions, excluding a consolidated 

### part. MONITOR (for the purpose of 310 CMR 7.18(19)) means to measure volatile organic compound concentration by the appropriate 

### EPA reference method

.

3/6/09 (Effective 3/1/09) 3IOCM.R- 186.1

### 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued MOTOR VEHICLEmeans any equipment ormechanical device propelledprimarily on land by power other than muscular power but does not mean railroad and railway engines and cars, vehicles operated by the system known as trolley motor ortrackless trolley, or devices used for domestic purposes. MOTORVEHICLEFUELmeans anypetroleum distillate having aReid Vapor Pressure ofmore than four pounds per square inch as determined by ASTM Method D323 and which is used primarily to power motor vehicles. This definition includes, but is not limited to, gasoline and mixtures ofsimple alcohols and gasoline.

3/6/09 (Effective 311/09) 310 CMR -186.2310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECITON
DEFINITIONS: continued

7/1/94 REFRJGERA TED CHILLER means a device which 

### is mounted above the waterjacket and the primary condenser coils, consisting ofsecondary coils which carry a refrigerant to provide a chilled air blanlcet above the solvent vapor to reduce emissions from the degreaser bath. The chilled air blanket temperature measured at the centroid of the degreaser at the coldest point shall be no greater than 30% of the solvents boiling point measured in °F. REFUSE means any animal, vegetable, or mineral, solid, liquid, or gaseous waste. It includes, but is not limited to, rubbish, garbage, ashes, construction waste, industrial waste, commercial waste, demolition waste, agricultural waste, abandoned vehicles, and any unwanted or discarded material. It does not include hazardous waste. REGENERATIVE CYCLE COMBUSTION 

### TURBINE means any stationary combustion turbine which recovers heat from the combustion turbine exhaust gases to preheat the inlet combustion air to the combustion turbine. REGISTRAR means the Registrar of the Registry of Motor Vehicles. REGISTRY means the Registry of Motor Vehicles. REGULATED POLWTANT means any air contaminant regulated under the Federal Clean 

### Air Act, 42 U
.S.C. sections 7401 

### et seq., excluding pollutants regulated under 42 U.S.C.7401, § 112. REGULA TED RECYCLABLE MATERIAL means any recyclable material which either (a) has a characteristic described in 310 

### CMR 30.120 through 30. 125, or (b) is listed or otherwise described in 310 CMR 30.131 through 30.136, or (c) has been detemrined by the Department to be a hazardous waste pursuant to 3 10 CMR 30.144. REID VAPOR PRESSURE is a standardized measure of the vapor pressure of 

### a liquid in pounds per square inch absolute at 100°F as determined by ASTM Method 0323. REMOTE PARKING SPACES means any parking space (whether or not defined as a "motor vehicle parking space" for the pmpose of 310 CMR 7
.00) which serves end uses outside of a parking freeze area including, but not limited to, parking for airport use, for Downtown Boston parking, and for remote employee parking

. RENTAL MOTOR VEHICLE parking spaces means off

-street parking spaces for rental/leased passenger motor vehicles at a facility owned, operated and/or leased by a motor vehicle rental company. REPAIR (for the purpose of 310 CMR 7.18(19)) means to reduce the volatile organic compound concentration of a leaking component to below 10,000 ppmv as shown by monitoring

. REPLACEMENT PART as used in 310 CMR 7.40 means any aftermarket part which is intended to replace an original equipment emissions

- related part and which is functionally identical to the original equipment part in all respects which 

### in any way affect emissions (including durability), or 

### a consolidated part REPOWERING means the replacement of 

### an emission unit with a new unit that is less polluting and more efficient than the unit which is being replaced.

310 CMR- 193

### 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued RESPONSIBLE OFFICIAL means, in the case of: (a) a sole proprietorship

- the sole proprietor. (b) 

### a partnership- a general partner with the authority to bind the partnership. (c) a corporation or a non-profit corporation- a corporate official with authority to bind the corporation such as a president, secretary, treasurer, or vice-president ofthe corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions ofthe corporation. (d) a municipality or otherpublic agency - a principal executive officer or ranking elected official who is empowered to enter into contracts on behalfofthe municipality or public agency. RESTRICTED USE PARKING for the purpose of31 0 CMR 7.30, means parking spaces which are provided by Massport for use by Logan Airport air travellers and visitors for free when commercial parking space demand exceeds the supply ofon-Logan airport commercialparking spaces, and which arenot otherwise available foruse by Logan Airport air travellers and visitors; restricted useparking, 

### for the purpose of 310 CMR 7.33 means parking spaces wli.icb are provided for free when motorvehicleparking space demand exceeds the supply ofmotor vehicle parking spaces in the South Boston Parking Freeze area. RICH BURN ENGINE means any stationary reciprocating internal combustion engine that is not a lean burn engine. ROLL COATING means the application ofa coating to a substrate by means ofhard rubber or steel rolls. ROLL PRINTING means the application of decorative print, words, designs, or pictures to a substrate by means of hard rubber or steel rolls each with only partial coverage ofthe substrate. ROLLER PRINTING means rotogravure printing on a textile substrate. ROTARY SCREEN PRINTINGmeans the application ofa decorative print, words, designs, or pictures to a textile substrate by means ofa cylindrical, metal screen. ROTOGRAVURE PRINTING means the application of words, designs and pictures to a substrate by means ofa roll printing technique which involves an intaglio or recessed image areas in the form ofcells. ROUTINE MAINTENANCE means, for the purposes of 310 CMR 7.24(6), the regular reinstallation, repair or replacement ofone or more Stage II System components including, but not limited to: hoses; nozzles; breakaways; swivels; hose retractors; bucket plow rings; "slip-on" spill or dry break buckets; "0" 

### rings and seals; submersible pumps or suction pipes; fill adaptors; fill tubes; vapor adaptors; fill and vaporcaps; drain valves; monitor caps; orriser caps. SEALER means a coating formulated and applied to prevent subsequent coatings from being absorbed into the substrate, or to prevent harm to subsequent coatings by materials in the substrate. SECONDARY EMISSIONS means emissions which would occur as a result oftheconstruction or operation ofa major stationary source/facility or major modification but do not come from the major stationary source/facility or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the facility which causes the secondary emissions. Secondary emissions may include, but are not limited to :

- emissions from motor vehicles, ships or trains going to or from the major stationary source/facility, and

- emissions from any offsite support facility which would not otherwise be constructed, or increase its emissions as a result ofthe construction or operation of the major stationary source/facility or major modification.

3/6/09 (Effective 3/1109) 310 CMR- 19· 4310 C!vfR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued



### 316109 SECRETARY means the Secretary ofTransportation and Construction. SEMI

-TRANSPARENT ST AlNmeans a coating which isformulated to change the color of the substrate but not conceal the substrate. SHEET-FED means a printing operation in which the substrate is fed to the printing press in individual sheets

. SIMPLE CYCLE COMBUSTION TURBINE means any stationary combustion turbine which doesnotrecoverheat fromthe combustion turbine exhaust gases to heatwater orgenerate steam. SINGLE COAT means a single film ofcoaling applied directly to the substrate omitting any primer application. SINGLE-OCCUPANT COMMUTER VEIDCLE means a motor-powered vehicle with four or morewheels with capacityfor a driverplusone or more passengers which is used by a commuter traveling alone to and/ or from work or classes and is not customarily required to be used in the course ofhis employment, or studies.

310 C!vfR- 194.1

### 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
NON-TEXT PAGE

3/6 /09 310CMR-194
.2310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued

3/6/09 SINGLE-STAGE TOPCOAT means a topcoat consisting ofonly one coating. SMALLER EMPLOYERS means any person or entity who employs between 50 and 250 employee commuters who are locatedwithin an industrial or officepark and arewithinwalking distance ofeach other. SMOKE means the visible aerosol, which may contain fly ash, resulting from combustion of materials but does not mean condensed water vapor. SOAP means cleansing agents made ofthe alkali metal salts of fatty acids having from ten to 

### 18 carbon atoms. SOLIDS as used in 310 CMR7.18, means thevolume (ingallons) ofsolid material in a coating, ink, or other organic material as determined by EPA Test Method 24:40 CFR 60 Appendix A (volume of coating minus volume of carrier such as photochemically reactive and or non-photochemically reactive solvents and water) or as provided by the coating manufacturer. SOL VENT means a substance that is used to dissolve or dilute another substance; this term includes, but is not limited to dissolvers, viscosity reducers, degreasing agents or cleaning agents. · SOLVENT METAL DEGREASING means the process ofcleaning metal surfaces by using a volatile organic compound:

- Cold cleaning degreasing means the batch process ofsolvent metal cleaning by spraying, brushing, flushing orimmersionwhilemaintainingthesolventbelowits boilingpoint. Wipe cleaning is not included in this definition

.

- Conveyorized degreasing means the continuous process of solvent metal cleaning by operating with either cold or vaporized solvents.

- Vapor degreasingmeans the process ofsolvent metal cleaning by condensing hot solvent vapor on the colder metal parts
. SOUND means the phenomenon ofalternative increases and decreases in the pressure of the atmosphere, caused by radiations having a frequency range of from 20 to 20,000 cycles per second, that elicits a physiologic response by the human sense ofhearing. SPACE HEATER means a heating device that is used for the direct heating of the area in and adjacent to the area in which the device is located.

- Used Oil Fuel Fired Space Heater means a spaceheaterthat is capable ofburningused oil fuel. SPECIAL AND EXTREME SOL VENT METAL CLEANING means the use ofdegreasers: (a) To clean metal parts used in the manufacturing and rework of electronic parts, assemblies, boxes, wiring harnesses, sensors and connectors used in aerospace service; (b) To clean metal parts used in the manufacturing of ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds, or oxygen in concentrations greater than 23%; or (c) To clean metal parts exposed to ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds, or oxygen in concentrations greater than 23%. SPECIALTY COATING means a product which is necessary due to unusualjobperformance requirements. These coatings or additives include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, impact resistant coatings, underbody coatings, weld through primers, gloss flatteners, bright metal 

### trim repair, and anti

-glare/safety coatings

..

310 CMR- 195310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued SPECIALTY PRINTING means 

### all gravure and flexographic operations which print a design or image, excluding packaging rotogravure printing and publication rotogravure printing

. Specialty printing operations include, but are not limited to, printing on paper cups and plates, patterned gift V..'Tap, wall paper, and floor coverings. SPLASH FILLING means the filling of a tank truck or stationary tank through a pi pe or hose whose discharge opening is above the surface level ofthe liquid in the tank being filled. STAGE II SYSTEM means a vapor collection and control system specifically designed for the purpose of controlling vapors during the direct dispensing of motor vehicle fuel to a motor vehicle and which was issued an Executive Order by the California Air Resources Board approving the system for use. STANDARD CONDITIONS mean a temperature of20°C and pressure of760 millimeters of mercury. STANDARDOPERATINGPROCEDURE(S.O
.P.)meansthespecificprocedureforoperation of, and which minimizes the emission from, an air contamination source. STATE IMPLEMENT AT!ON PLAN ("SIP") meansthemost recently prepared planorrevision thereofrequired by the Federal Clean Air Act which has been approved by the U.S
. EPA. STATIONARY COMBUSTION TURBINE means any stationary internal combustion engine which opera t es with a rotary motion, including any simple cycle turbine, regenerative cycle turbine, or any turbine portion ofa combined cycle steam/electric generating system that is not selfpropelled. STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINE means any reciprocating internal combustion engine. It does not include an engine that isregulated by EPA as a non-road engine pursuant to 42 U
.S.C. 7543(e) and 42 U
.S.C. 7547(e) or is self-propelled. STENCIL COATING means an ink or pigmented coating which is rolled or brushed onto a template or stamp in order to add identifying letters, symbols, or numbers to motor vehlcles, or their parts or components. STOKERmeans a boiler/furnace design that incoiporates afeeding mechanism, fuel distribution and ash residue collection system for the pUipose ofintroducing solid fuel into the combustion zone ofthe boiler/furnace by feeding the fuel onto a grate
. STRUCTURAL MEMBER means any load

-supporting member ofa facility including beams and load-supporting walls, or any nonload-supporting member including ceilings and nonload

-supporting walls. STUDENT means any daytime student who does not live at the educat ional institution and who travels to and from classes by any mode oftravel. SUBMERGED FILLING means the filling ofa tank truck or stationary storage tank through a pipe orhose whose discharge opening is entirely submerged below the surface level ofthe liquid in the tank when the pipe normally used to withdraw liquid from the tank can no longer withdraw liquid

.

3/6/09 (Effective 3/1/09) 310 CMR

- 196310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued SUBSTANTIAL MODIFICATION means, for the pUipOses of 310 CMR 7.24(6), there

### installation, repair orreplacement ofone ormore Stage II Systemcomponents including, butnot limited to: 50% or more ofthe motor vehicle fuel dispensers (e.g., two offour dispensers) ; the replacement ofone type of Stage II system with another type (e.g., replacement of a balance system with a vacuum assist system, or a Healy 400 ORVRnozzle system or Healy 600 nozzle system with a Healy VP-1 000 system); or the re-installation, repair or replacement ofStage II System components requiring excavation below a shear valve or tank pad (e.g., vapor**re~** piping, vent piping, vapor space tie bar, two-point or coaxial Stage I systems; or motor vehicle fuel storage tanks). 

### Ifthe re-installation, repair or replacement ofone or more Stage 

### II System components occurs at a motor vehicle fuel dispensing facility withtwo or fewer dispensers, the re-installation, repair or replacement ofall motor vehicle fuel dispensers shall be a Substantial Modification. SUBST ANIIALRECONSTRUCTION means anyphysicalchangein, orchanges inthemethod ofoperation of

### a facility or its appurtenances which changesthe amount of emissions from such facility.

3/6/09 (Effective 3/1/09) 310 CMR

- 196.1

### 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
NON-TEXT PAGE

3/6/09 (Effective 3/J/09) 310 CMR- 196
.2310 CMR: DEPARTMENT OF ENVIRONMENTALPROTECTION
7.24: continued



### 612106 (b) The owner or operator of a bulk terminal, bulk plant, motor vehicle fuel dispensing facility or tank truck subject to 310 CMR 7.24(2), 7.24(3), or 7.24(4)(a) shall design, install and operate any vapor collection and disposal system, vapor balance system. and any appurtenant loading equipment in a vapor-tight manner that prevents: l. gauge pressure from exceeding 18 inches of H20 and vacuum from exceeding six inches ofH 2 0 in the tank truck; and, 2. a reading equal to orgreater than 100% ofthe lowerexplosive limit (LEL, measured as methane) at oneinch from all points ofthe perimeter ofa potential leak source during transfer operations at the loading rack or stationary tank; and, 3. visible liquid leaks during loading at the loading rack orunloading at the stationary tank. (c) The owner or operator of a tank truck subject to 310 CMR 7.24(4) shall: 1. notify theDepartment in writing ofthedate and location ofa certification test at least two days before the anticipated test date; and 2. Within 15 days, repair and retest a vapor recovery system or tank truck that exceeds the limits in 310 7.24(4)(a) or (b). (d) The Department may, at any time, test any tank truck, or vapor recovery system to determine compliance with the requirements of 310 CMR 7.24(4)(a) or (b). (e) [Reserved] (f) Copies of all records and reports required under 310 CMR 7.24 shall immediately be made available to the Department upon verbal or written request, at any reasonable time. (g) At the discretion of the Department, the requirements for testing and marking motor vehiclefuel tank trucks subject to 310CMR7
.24(4) may besatisfied if the vehicleundergoes equivalent certification 

### in another state. (h) The owner or operator of a tank truck subject to 310 CMR 7.24(4)(a) shall maintain records ofthedailythroughput of any organic material with a true vaporpressureof 1.5 psia or greater under actual storage conditions. (i) Testing Reguirements. Testing to determine compliance with 310 CMR7.24(4) shall be conducted in accordance with EPA Method 27 as described in Appendix A ofCFR Title 40 Part 60, or by any other methods approved by the Department and EPA. (5) Gasoline Reid Vapor Pressure. (a) No person shall sell or supply from a bulk plant or terminal, gasoline having a Reid Vapor Pressure greater than 9.0 pounds per square inch (psi) during the period beginning May 1 and continuing through September 15, beginning in 1989 and continuing every year thereafter. (b) Compliance with 310CMR7.24 may bedetermined bytheDepartment through an audit of RVP test results provided by the supplier or through fuel sampling and testing subject to the following provisions: 1. Any person owning, operating, leasing orcontrolling any gasoline marketing facility shall, upon request by any employee of the Department, provide a sample or samples of gasoline from saidgasoline marketing facility in accordance with thetest methods listed in 310 CMR 7
.24(5)(b)2. 2
. Any fuel sampling and testing required by the Department shall be conducted in accordance with ASTM Method D4177, ASTM Method D4057, ASTM Method D323 or any other method approved by the Department and EPA. (c) 310 CMR 7.00 will be enforced in accordance with M.G.L. c. 111, § l42A through E.

310 CMR- 250.65310 CMR: DEPARTMENT OF ENviRONMENTAL PROTECTION
7
.24: continued (6) U Dispensing ofMotor Vehicle Fuel. (a) Applicability and Installation Requirements. 1
. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing facility constructed or substantially modified after November 1, 1989 shall install, prior to commencing operation, a Stage II system as required by the terms and conditions of the system's currently applicable Executive Order and any Approval Letters issued by CARB on or before March I, 2009
.. 2. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing facility constructed before November 1, 1989, that has not been substantially modified since November 1, 1989 shall install a Stage II system as required by the terms and conditions ofthe system's currently applicable Executive Order and as required by the following schedule: 

### a by April 1, 1991 where the annual (calendar year) throughput of the motor vehicle fuel dispensing facility is greate r than or equal to I ,000,000 gallons ofmotor vehicle fuel; or b. by April 1, 1992 wher e the annual (calendar year) throughput ofthe motor vehicle fuel dispensing facility isless than I,000,000 gallons but greater than or equal to 500,000 gallons ofmotor vehicle fuel; or c. by Apri ll, 1993 where the annual (calendar year) throughputof themotorvehicle fuel dispensing facility is less than 500,000 gallons per year but is greater than or equal t o 20,000 gallons in any one calendar month; or d. by April I, 1994, or 90 days after dispensing 10,000 gallons or more in any calendar month, whichever is later, for all other motor vehicle fuel dispensing facilities. 3. Any person who owns, leases, operates o r controls a motor vehicle fuel dispensing facility constructed before November 1, 1989, which has notbeen substantially modified since November 1, 1989 and which has not dispensed greater than 10,000 gallons of motor vehicle fuel in any one calendar month since January 1, 1988 shall maintain, on site at the facility, monthly records ofthe total number ofgallons ofmotor vehicle fuel dispensed at said facility for the most recent rolling five year period. 4. Any person who owns, leases, operates or controls a tank truck engaged in the direct dispensing ofmotor vehicle fuel to a motor vehicle orportable container shall install, by September 1, 1995 or prior to commencing operation, whichever is later, a Stage IT system that meets the tenns and conditions of the system's currently applicable Executive Order. Tank trucks dispensing motor vehicle fuel to emergency motor vehicles or portable containers during ftre fighting activities or a declared emergency situation are exempt from the requirements of310 CMR 7
.24(6). 5
. Any person sub j ect to 310 CMR 7.24(6) shall conspicuously post Stage II system operatjng instructions on both sides ofall motor vehicle fuel dispensers or at a position adjacent to the dispensers that is clearly visible to the system operator during the refueling process. Such instructions shall include: 

### a. a clearpictorial or written description ofhow to correct ly dispense motor vehicle fuel using the installed Stage IT system;

. b. a warning not to continue dispensing motor vehicle fuel ("topping-off") after automatic system shutoffhas engaged; and c. the telephone number ofthe Department's Stage II Consumer Hotline. 6. Stationary motor vehicle fuel storage tanks used for following purposes only shall be exempt from the requirements of 310 CMR 7.24(6)
. a. A stationary motor vehicle fuel storage tank of550 gallons or less capacity, used for the purpose offueling implements ofhusbandry, provided the fuel storage tank is equipped with submerged fill pipes

. b. A stationary motor vehicle fuel storage tank ofgreaterthan 250 gallons, but 1000 gallons or less capacity, used f orthe purpose ofonsite fueling ofmotor vehicles with motor vehicle fuel that is the by-product ofmotor vehicle salvage yard operations, provided the fuel storage tank is equipped with: i. a submerged fill pipe; and ii. a pressure vacuum vent valve

.

3/6/09 (Effective 3/l/09) 310 CMR- 250
.667.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Any person who owns, leases, operates or controls a stationary motor vehicle fuel storage 

### tank currently installed at a motor vehicle salvage yard and not in compliance ·with the requirements ofthis subsection shall take such action as necessary to comply with the requirements ofthis subsection on or before September l, 2009. 7. On orafter March I,2009, any person who owns, leases, operates orcontrols a newly installed motor vehicle fuel dispensing facility where a Stage II system is installed in compliance with 310 CMR 7.24(6)(a)l. shall install a pressure/vacuum (PN) vent cap on each underground motor vehicle fuel storage tank vent located at said facility, prior to commencingoperation. Any personwho owns, leases, operates orcontrols an existing motor vehicle fuel dispensing facility where a vapor balance Stage II system is installed as ofMarch l, 2009 shall install a PN vent cap on eachunderground motor vehicle fuel storage tank vent on or before said facility's first Annual In-Use Compliance Certification submittal due date after April 

### I, 2009. Each PN vent cap shall maintain 3.0+/-0.5 inches of water pressure, and 8.0+/-2.0 inches of vacuum. Note: Per the applicable CARB Executive Orders, above ground motor vehicle fuel storage tanks and all underground motor vehicle fuel storage tanks with vacuum assist type Stage II systems are also required to have PN vent caps. (b) Operation and Maintenance Reguirements. I. Any person subject to 310 CMR 7.24(6) shall comply with the following operation and maintenance requirements. a. Operate and maintain the installed Stage II system as required by the tenus and conditions ofthe system's currently applicable Executive Order. b. Take such actions as necessary to comply with the applicable terms and conditions ofany new or modified Executive Order upon Department revision of 310 CMR 7.24{6) to incorporate such new or modified Executive Order. Such actions shall be taken either: i. during applicable Routine Maintenance, Minor Modification or Substantial Modification ofthe Stage II System; or ii. within four years, whichever occurs first. c. Once every seven days perform a weekly visual inspection ofthe Stage IT system componentsto determine ifsuch components areinstalled, functioning andunbroken as required by the terms and conditions of the system's currently applicable Executive Order. Each visual inspection shall include, but not be limited to, inspection of: nozzle boots and splash/vapor guards; hoses; hose retractors, coaxial adaptors, dry breaks, fLll caps and gaskets, vapor recovery caps and gaskets, spill containment boxes and drain valves. d. Upon determining a Stage II system component is incorrectly installed, nonfunctioning or broken during a visual inspection, immediately: i. repair such component(s) as required by the terms and conditions of the system's currently applicable Executive Order; or ii. stop dispensingmotorvehiclefuel throughsuchcomponent(s), conspicuously post "Out ofService" signs on such component, and repair such component as required by the terms and conditions of the system's currently applicable Executive Order within 14 days ofthe date such component is determined to be incorrectly installed, non-functioning or broken. e. If an incorrectly installed, non-functioning or broken component cannot be repaired as required by 310 CMR7.24( 6)(b) I.d., such component shall immediately be Isolated. "Out of Service" signs shall be conspicuously posted on said Isolated component

### until such time as said component is correctly repaired as requiredby the Stage II system's currently applicable Executive Order. f. If an incorrectly installed, non-functioning or broken component cannot be repaired or Isolated as required by 310 CMR 7.24(6)(b)l.d.or e., the facility owner/operator shall immediately stop dispensing motor vehicle fuel and conspicuouslypost "Out ofService" signs on all motor vehicle fuel dispensers until such time as all incorrectly installed, non-functioning or broken components are correctly repaired as required 

### by the terms and conditions ofthe Stage II system's currently applicable Executive Order.

3/6/09 (Effective 3/l/09) 310 CMR- 250.66.17.24: cont inued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

2. A visual inspection of a Stage II system to meet the requirements of 310 CMR 7.24( 6)(b) I.e. shallbeperfonned onlyby a person who istrained to operate and maintain the Stage II system as required by the tenns and conditions ofthe system's currently applicable Executive Order. A current record ofall persons trained shall be maintained on site or, for tank trucks, at the address from which the tank truck is principally operated, and shall includ e the following: a. the date training was last received; b. the trainee's pr inted name; and c. the personal signature ofthe trainee acknowledging receipt ofthe training. 3. Any person subject to 310 CMR 7.24(6) shall maintain all Stage II system maintenance records on site, in a centralized location, for themostrecentrolling twelvemonthperiod. Suchrecords maybeeitherhard copy documents orelectronic documents, provided that a hard copy of the electronic documents shall be printed on-site immediatelyuponrequest. Suchmaintenance records for tank trucks shallbemaintained at the address from which the tank truck is principally operated. Stage II system maintenance records shall include: 

### a all of thefacility's weeklyinspection checklists for thepriorrollingtwelve-month period, identifying: 

### i. the dateeach weekly visual inspection was perfonned and the signature ofthe person who perfonned the visual inspection; ii

. any Stage II system component determined to be incorrectly installed, nonfunctioning or broken; m. whether the identified incorrectly installed, non-functioning or broken component was immediately repaired, taken out of service and repaired within 14 days, Isolated, orthe facil itystoppeddispensingmotorvehicle fuel and all fuel dispensers were taken out ofservice; iv

. the date the incorrectly installed, non-functioning or broken**compo~ents** identified in iii. above were repaired. b. A copy of compliance testing company test results for all Stage II compliance tests during the prior rolling 12-month period

. c. A copy of the Stage IT system's most recent Annual In-Use Compliance Certification. 4. All records maintained pursuant to 310 CMR 7.24(6)(b)2. and 3. shall be made available to the Department or the US EPA immediately upon request. In the event requested records cannot be made immediately available, requested records shall be delivered to the Departmentor the US EPA, as applicable, within 24 hours of the initial request. (c) Compliance Testing and Certification Reauirements. 1. Stage II system testing, record keeping and certification as a resuU of Routine Maintenance or Minor Modification ofa Stage II system. 

### a In the event of Routine Maintenance, a record of such maintenance shall be maintained in accordance with 310 CMR 7.24(6)(b)3. Compliance testing and submittal ofa compliance certification to tbe Department is not required. b. In the event ofa MinorModification ofa StageIT system, applicable compliance tests shall be perfonned and passed prior to commencing system operation and a record ofsuch modification and test results shall be maintained in accordance with 310 CMR 7.24(6)(b)3. Submittal ofa compliance certification to the Department is not required. 2. Installation/Substantial Modification Certification

. Anyperson subjectto 310 CMR 7.24(6) wbo installs or makes a Substantial Modification to a Stage IT system after March 1, 2009 shall, prior to commencing operation, perform and pass all applicable compliance tests pursuant to 310 CMR 7
.24(6)(d) and submit to the Department within seven days of performing and passing said tests, a fully completed and signed Installation/Substantial Modification Certification, on a fonn obtained from the Department, attesting to the following: a. the installed or substantially modified Stage II system is installed or substantially modified in compliance with 310 CMR 7.24(6)(a); b. all applicable compliance tests as required by 3 10 CMR 7.24(6)(d) were perfonned and passed; and


### 316109 (Effective 3/1/09) 310 CMR- 250.66.27.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

c . the applicable installation compliance tests wereperformed and passed not more than 30 days prior to the date postmarked on the envelope used to submit the Certification to the Department. 3. Annual In-useComplianceCertification. Exceptasprovided in 310 CMR 7
.24(6)( c), any person subject to 310 CMR 7.24(6) shall annually submitto the Department a fully completedand signed Annual In-use Compliance Certification, ona form obtained from the Department, attesting to the following: a. the installed Stage II system is operated and maintained as requhedby 31 0 CMR 7.24(6)(b); b. the following in-use compliance tests, as applicable, were performed as required by 310 CMR 7.24(6)(d): i. Vapor Balance Systems. Annual In-use Compliance Tests. Pressure Decay Test; Vapor-Tie Test; PN Vent Test; Every-third-year in-use compliance test: Dynamic Pressure/Liquid Blockage Test. ii. Vacuum Assist Systems. Annual in-use compliance tests : Pressure Decay Test; Vapor-Tie Test; PN VentTest; and Air-to-Liquid Ratio Test; Every-thirdyear in-use compliance test: Dynamic Pressure/Liquid Blockage Test. iii. Healy Systems. All applicable tests shall beperformed annually. c. Theapplicable in-use compliance tests wereperformedandpassed notmore than 30 dayspriorto the datepostmarked ontheenvelope used to submit the Certification to the Department. 4. Alternative Annual In-use Comoliance Certification. Any person subject to 310 CMR 7.24(6) who submits two consecutive years of Annual In-Use Compliance Certifications in compliance with 310 CMR 7.24(6)(c)3. in which all applicable in-use compliance tests were passed on the first try, as certified pursuant to 310 CMR 7.24(6)(g)8., may elect to submit annually to the Department an Alternative Annual InUse Compliance Certification on a form obtained from the Department: a. Facilities meeting the requirements of310 CMR 7.24(6)(c)4. and electing to submit an Alternative Annual In-Use Compliance Certification shall be: i. exempt from annual Stage 

### n compliance testing requirements in the year following the submittal oftwo consecutive years' ofAnnual In-use Compliance Certifications in compliance with 310 CMR 7.24(6)(c)4
. ; and ii

. subject to all applicable Stage ll compliance tests as referenced in 310 CMR 7
.24(6)(d) in the second year following the submittal oftwo consecutive years' Annual In-use Compliance Certifications in compliance with 3 10 CMR 7
.24(6)(c)3., and every other year thereafter

. b. Any person submitting an Alternative Annual In-Use Compliance Certification to the Department shall fully complete and sign said Certification and attest to the following: i. the installed Stage II system is correctly operated and maintained as required by 310 CMR 7.24( 6)(b ); ii

. all applicable compliance tests were performed and passed as required by 310 CMR 7.24(6)(c)4.a.ii.; and iii. The applicable compliance tests were perforn1ed and were passed not more than 30 days prior to the date postmarked on the envelope used to submit the Certification to the Department c. Any person submitting 

### an Alternative Annual In-Use Compliance Certification and fails one or more compliance certification tests on the first try as required by 310 CMR 7
.24(6)(c) 4. shall be required, in subsequent years, to annually certify in compliance with the requirements of310 CMR 7.24(6)(c)3., until such time as said person meets the requirements in 310 CMR 7.24(6)(c)4. 

### 5. Annual In-use Compliance Certification Submittal Requirements

. The annual submittal datefor Certifications requiredpursuantto 31 0 CMR7
.24( 6)(c)3
. and4., is no later than: a. For persons subject to 310 CMR 7.24(6) who install or make a Substantial Modification to a Stage 

### 11 system on or after January 1, 2001, the anniversary ofthe date postmarked on the envelope used to submit to the Department the Installation Compliance Certification required by 310 CMR 7.24(6)(c)l. or the date the facility cornn1enced operation, whichever occurs first; and


### 316109 (Effective 3/1/09) 310 CMR- 250.66.37.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

b. For all other persons subject to 310 CMR 7.24(6), May 1, 2002, or a date otherwise provided by the Department, whichever is earlier. Persons subject to 310 CMR 7.24(6)(c)S.b. who are provided an annual submittal date by the Department shall be notified by the Department of their first annual submittal date and required in-use compliancetestspursuant

### to 310 CMR 7.24(6)( c)3.b. no less than 90 days prior to the first annual submittal date established by the Department. c. Upon request ofany person subject to 310 CMR 7.24(6), the Department may revise said person's annual Certification submittal date. Such revision shall set a revised annual submittal date that is no more than 12 months after the otherwise applicable submittal date

. 6. Any person who owns, leases, operates or controls a Stage II system that fails one or morein-usecompliancetests required by 310 CMR7.24(6)( c)3. or4., shall immediately: a. repair incorrectly installed, non-functioning or broken component as required by the terms and conditions of the Stage II system's currently applicable Executive Order; b. re-test and pass each failed test; and c. submit to the Department the required Annualln-Use Compliance Certification on or beforethe facility's Annual In-Use Compliance Certification submittal date or within 30 days ofthe date ofthe Stage II system's first passingtest result as required by 310 CMR 7.24(6)(c)3.c. or 310 CMR 7.24(6)(c)4.c., as applicable, whichever occurs first. 7. Ifa facility fails one or more required in-use compliance tests and the incorrectly installed, non-functioning or broken components cannot be repaired as required by 310 CMR 7.24(6)(c)6., the facility owner/operator shall immediately: a. Isolate the incorrectly installed, non-functioning or broken components from the Stage II system so that the remainder ofthe Stage IT system operates as required by the terms and conditions ofthe system's currently applicable Executive Order; and b. submit to the Department the required Annual In-Use Compliance Certification based onpassing testresults for the remainder of the StageII system on or before the facility's Annual In-use Compliance Certification submittal date or within 30 days ofthe date ofthe Stage II system's first passing test result as required by 310 CMR 7.24(6)(c)3.c. or 310 CMR 7.24(6)(c)4.c
., as applicable, which ever occurs first. c. Any Stage II system component Isolated from the remainder of the Stage IT System shall remain Isolated until such time as: i. said component is repaired as required by the terms and conditions of the Stage II System's currently applicable Executive Order; and ii. all applicable, compliance testing, record keeping and certification requirements for tbe Routine Maintenance, Minor Modification, or Substantial Modification ofa Stage II system are complied with. 8. Ifa facility fails one or more required in-use compliance test and the incorrectly installed, non-functioning or broken Stage II system component cannot be repaired as required by 310 CMR 7.24(6)(c)6. or 7., the facility owner/operator shall immediately stop dispensing motor vehicle fuel and conspicuously post "Out ofService" signs on all motor vehicle fuel dispensers until such time as: a. all incorrectly installed, non-functioning or broken components are repaired as required by the terms and conditions ofthe Stage II system's currently applicable Executive Order; b. all applicable in-use compliance tests are performed and passed as required by 310 CMR 7.24(6)(c)3. or 4., as applicable; and c. a fully completed Annual In-use Compliance Certification has been submitted to the Department as required by 310 CMR 7.24(6)(c)3. d. Ifa facility fails one or more required in-use compliance tests and is subject to 310 CMR7.24(6)(c)8., forpl.Uposesofcompliance withthe Annual In-use Compliance Certification submittal requirements of 310 CMR 7.24(6)(c)3. or 4., said facility owner/operator shall submit to the Department a fully completed and signed Stage II System Closure Notification as required 

### by 310 CMR 7.24(6Xe)2
. on or before saidfacility's currentlyapplicable Annual In-Use Compliance Certification submittal due date.



### 316 /

09 (Effective 311/09) 310 CMR- 250.66.4

### 7
.24 : continued 310 CMR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION

9
. Any Certification submitted to the Department as required by 310 CMR 7.24(6)(c) sha11 be signed by a Stage II 

### System Responsible Official as required by 3 I 

### 0 CMR 7.24(6)(£). I0. AIJy person subjectto 310 CMR 7
.24(6), upon written notice from the Department, shall perfom1 such compliance tests as the Department determines necessary to demonstrate the Stage II system is installed and maintained as required by the terms and conditions of the system's currently applicable Executive Order and shall submit the results to the Department within 1 4 days ofthe performance ofsaid tests. (d) Stage Il System Compliance Testing Requirements

. For the purposes of 310 CMR 7.24(6)(c), the following Stage li 

### System compliance tests and requirements shall be required: 1. Vapor Balance Systems. Pressure Decay Test, Vapor-Tie Test, PN Vent Test and Dynamic Pressure/Liquid Blockage Test 2
. Vacuum Assist Systems. Pressure Decay Test, Vapor-Tie Test, PN Vent Test, Airto
-Liquid Ratio Test and Dynamic Pressure/ Liquid Blockage Test 3. Healy Systems
. a. Healy 400 ORVR (Executive Order# G-70

- 186), Healy 400 ORVR Above Ground Storage System (Executive Order# G-70-187) and Franzen-Hill Cargo Tank Truck System (Executive Order# G-70- 193): i. Pressure Decay Test: ii. Vapor Tie Test; iii. 

### PN Vent Test; iv. Exhibit 4: Vapor Return Line Vacuum Integrity Test; and v. Exhibit 5: 

### Filloeck Vapor Pressure Regulation Fueling Test. b. Healy 600 (Executive Order# G-70-165): i. Pressure Decay Test; ii. Vapor Tie Test; iii. PNVent Test; iv. Air

-to-Liquid Ratio Test; and v. Exhibit 4: Vapor Return Line Vacuum Integrity Test. 4. Compliance tests performed to meet the requirements of310 CMR 7.24(6)(c) shall be performed only by aperson or Stage Il compliancetesting company that has submitted to the Department a Stage II Compliance Testing Company Notification as required by 310 CMR 7.24(6)(g)l. (e) Notification Requirements. 1. 

### Any person, upon entering into a purchase, lease or other contractual agreement by which said person becomes the owner, operator, lessee or controller ofan existing motor vehicle fuel dispensing facility or tank 

### truck subjectto 310 CMR 7.24(6) shall submitto the Department, within 30 days of the effective date of becoming such an owner, operator, lessee or controller or witllin ten days ofa writtenrequest from the Department, a fully completed New Stage II System Owner, Operator, Lessee or Controller Notification on a form obtained from tlle Department. 

### a. Said Notification shall include the following: i. 

### the name ofthe new Stage II system owner, operator, Jessee or controller and related business documentation, including the name and address ofthe facility where the Stage II system is located or from which the tank truck is principally operated; and ii. the effective date said person became the new owner, operator, lessee or controller

. b

. Said Notification shall be signed by the individual who is a Responsible Official for the new owner, operator, lessee or controller regarding the Stage II system, who shall attest to the following:

3/6/09 (Effective 311/09) i. 

### 1certify tllat I personally examined the foregoing and am familiar with the information contained in this document and all the attachments and that, 

### based on my inquiry of those persons immediately responsible for obtaining the informat ion, I believ e that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; ii

. I am fully authorized to make this attestation on behalfof this facility or tank truck, as applicable. 310 CMR- 250.66
.5

### 7
.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

2. Any person subject to 310 CMR 7
.24(6), upon entering into a sale, lease or 

### other contractual agreementby which said person relinquishes his orher authority as an owner, operator,Jessee or controller ofa facility or tank

### truck subject to 310 CMR 7
.24(6), shall submit to theDepartment, within 30 days ofthe effective date ofsaid sale, lease or other contractual agreement, a signed Jetter notifying the Department ofthe following: 

### a. the name ofthe person relinquishing his or her authority as an owner, operator, lessee or controller of the facility or tank 

### truck subject to 310 CMR 7.24(6), the facility name, DEP Facility AccountNumber and address orthe address from which the tank 

### truck is principally operated, as applicable; b. the name ofthe new owner, operator, lessee or controller ofthe facility or tank 

### truck subject to 310 CMR 7
.24(6) and related business information, including the new facility name and address or the address from which the tank 

### truck is principally operated, as applicable; and c. the effective date ofthe change ofowner, operator, lessee or controller. 3. Any person subjectto the requirements of310 CMR 7.24(6) seeking to permanently or temporarily take out ofuse an existing motor vehicle fuel dispensing facility or tank truck shall submit to the Department a 

### fully completed and signed Stage II 

### System Closure Notification, on a form obtained from the Department. a. Said Notification shall include the following: i. 

### the name ofthe Stage II 

### facility owner, operator, lessee or controller and related business information, inc!uding thename and address of the facility where the Stage II 

### system was located or from which the tank truck was principally operated, as applicable; · ii. the DEP Facility Account Number for the applicable facility or tank truck; and iii. a copy of the Notification For Removal or Closure ofln Place Underground Storage Tanks Regulated Under 527 CMR 9.00 (FP-290R) Form, documenting the permanent or temporary out ofuse status of said facility or tank 

### truck on record with the Massachusetts Department ofFire Safety. b. The temporary out ofuse status ofa motor vehicle fuel dispensing system shall be renewed as necessary by any person subject to the requirements of 310 CMR 7.24(6) by submitting a new, fully completed Stage IT System Closure Notification, on or before the annual anniversary ofthe effective date said dispensing system was taken out ofuse, as noted in the required FP-290R Form
. Said renewal shall include a currentFP-290RFormfor said dispensing system on record with the Massachusetts Department ofFire Safety documenting the system's continued temporary outof use status. c. Any person subject to the requirements of310 CMR 7
.24(6) who temporarily
· takes out ofuse a motor vehicle fuel dispensing system shall, prior to commencing the distribution ofmotor vehicle fuel, perform and pass all applicable compliance tests and submit to the Depart m

ent a fully completed Installation/Substantial Modification Certification as required by 3 10 CMR 7.24(6Xc) 2. d. 

### Any person subject to 

### the requirements of 310 CMR 7.24(6), where the motor vehicle fuel dispensing facility is permanently taken out of use, shall no longerbe subject to 31 0 CMR 7.24( 6) as of the effective date the facility was permanentlytaken out of use as referenced in 

### the required FP

- 290R Form. 4. AnyNotification submitted to the Department as required by 3 10 CMR 7.24(6)(e) shall be signed by a Stage IT System Responsible Official as required by 310 CMR 7.24(6)(f). (f) Stage ll System Responsible Official Certification ofCompliance. 

### 1. Except in 

### circumstances descnbed in 310 CMR 7.24(6)(f)2., any Certification or Notification required by 31 0 CMR 7.24(6)( c) or (e) shall be signed by an individual who is a Responsible Official regarding Stage IT system compliance. 2. For Stage II systems owned by one party and leased, operated or controlled by another independentparty and where both parties have separate Stage 

### JI compliance responsibilities, any CertificationorNotificationsubmitted in

### compliance withtherequirements of310CMR 7.24(6)(c) or (e) shall be signed by Responsible Officials for each party regarding Stage IT system compliance. Each Stage IT System Respons ible Official shall attestto the following:

3/6/09 (Effective 3/1/09) 310 CMR

- 250.66.67.24: continued 310 CMR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION

i. I certify that I personally examined the foregoing and am familiar with the infonnation contained in this document and all the attachments and 

### that, 

### based on my inquiryof thosepersons immediately responsible for obtainingtheinformation, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including posSible fines and imprisonment; ii. that systems to maintain compliance are in place at the facility or, if applicable, atthe location from which the tank truck is principally operated and will be maintained for the coming year even ifthe processes or operating procedures are changed over the course ofthe year; and ill. I am fully authorized to make this attestation on behalfof this facility or tank truck, as applicable. 3. Any person immediately responsible for obtaining information referenced in 310 CMR 7.24(6)(f), who knowingly and willfully makes false, inaccurate, incomplete or misleading statements pursuant to any Certification or Notification required under 310 CMR 7.24(6), may be in violationof310CMR 7.24(6). Not withstanding theprevious sentence, anyperson subjectto the requirements of310 CMR 7.24(6), shall comply with all applicable provisions of310 CMR 7.24(6). (g) Compliance Testing Company Requirements. 1. On or after March 1, 2009, anyperson who owns, leases, operates or controls a company that performs Stage

### IT compliance tests to meet therequirements of3

### l0CMR 7.24(6)(c) shall submit to the Department a fully completed Stage II Compliance Testing Company Notification, on afonn obtained from theDepartment, priorto performing any required Stage 

### IIcompliance 

### test. a. the Notification shall include the following: i. the name and business mailing address of the Stage II compliance testing company owner, operator,lessee or controller; ii. the name and address of any business that is engaged in the installation or Substantial Modification of Stage 

### II systems and is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller of the compliance testing company; iii. the name and address ofany motor vehicle fuel dispensingfacility or tank truck subject to 310 CMR 7.24(6) that is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller ofthe compliance testing company; iv. the address and telephone number of the facility(ies) from which the daily compliance testing activities of the compliance testing company originate and at which any records required by 310 C.MR 7.24(6)(g)l 0. are maintained; v. a written description ofthe employee training systems in place atthe compliance testing company to ensure required compliance tests are performed as required by applicable protocols and procedures, pursuant to 310 CMR. 7.24(6}(g)6

. and 7; and vi

. a list of all Compliance Testing Company Responsible Officials with the authority to sign Compliance Testing Company Certifications on behalf of the compliance testing company. b. Each Notification shall be signed by an individual who is a Responsible Official regarding the compliance testing company, who shall attest to the following:



### 316109 (Effective 3/1109) 

### i. I certify that I personally examined the foregoing and am familiar with the information contained in this documentand all theattachments and that, based on my inquiry ofthose persons immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; 

### ii. Employee training systems are in place 

### at the company to ensure Stage II compliance tests are performed as required by all applicable protocols and procedures and such training systems will be maintained for the coming year even ifthe protocols and procedures are changed over the course of the year; and 

### m. 

### I am fully authorized to make this attestation on 

### behalf of 

### this Stage 

### II Compliance Testing Company.

310 CMR

- 250.66.77.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

2. Any person subject to the requirements of 310 CMR 7.24(6)(g) shall notify the Department in writing of any change to the information submitted to the Department pursuan t to 310 CMR 7.24(6)(g) 1. within 14 days of the effective date ofsuch change. Upon the Department's written request, the person shall submit a fully revised and completed Notification to the Department as required by the requirements of310 C.MR 7.24(6)(g)l.

. 3. No person subject to 310 C.MR 7
.24(6)(g) shall perform any Stage II compliance test unless said person has first been trained in accordance with the applicable compliance test protocols and procedures required by 310 C.MR 7.24(6)(g)6. and 7. 

# 4: Anyperson subject tothe requirements of31 0 CMR 7
.24(6)(g) shall submit, at least once every two weeks, a written list to the Department identifying

.all mo tor vehicle fuel dispensing facilities and tank trucks at which the company is scheduled to perform required Stage IIcompliance test(s) over the next 14 day period. 

### a. The listshall be organized by Departmentregion and date, and shall includethe name and address ofeach facility or tank truck to be tested, the applicable section under 310 CMR 7.24(6)(c)2., 3., or 

### 4. the required compliance tests to be perfonned, and the estimated time that the company expects to arrive at the facility location. b. The Department shall be notified, in writing, ofany change ofdate of

### an individual facility's scheduled compliance tests no later than 9:00A.M
. ofthe day the scheduled test(s) is to occur. Additions to a submitted compliance-testing schedule shall be submitted to the Department, in writing, no less than two working days prior to the date ofany scheduled test c. Failure to comply with the Notification requirements of31 0 C.MR 7.24(6)(g)4. may be a basis for the Department to determine that tests conducted after inadequate notice are invalid. 5. Any person subject tothe requirements of310 CMR 7.24(6)(g) shall immediately notify the Department ofany failed Stage IIcompliance tests performed as required by 31 0 CMR 7.24(6)(c) ifsaid person did not return to retest the Stage II system as required by 310 C.MR 7
.24(6)(c) 6
. or 7. on or before the facility's Annual In

- Use Compliance Certification submittal date, or within 30 days of the date ofthe Stage II system's first passing test result, which ever occurs first. Said person shall notify the Department regarding the name and address·ofthe facility, and the facility's Facility Account Number. 6. Any person subject to 310 CMR 7.24(6)(g) shall perform compliance tests to meet the requirements of310 CMR7
.24(6)(c) only upon confirmation that a. all above ground Stage II system components including, but not limited to: dispensers; nozzles; swivels; hoseretractors; hoses; breakaways; vaporcheck valves; and thepressure/vacuum valve(s) are installed as required and are the correct components as required by the tenns and conditions of the system's currently applicable Executive Order; and b. all motor vehicle fuel dispensing facilities with two or more motor vehicle fuel storage tanks are properly manifolded as required by the terms and conditions of the system's currently applicable Executive Order. 7. Any person subject to 310 C.MR 7.24(6)(g), shall perform Stage II compliance tests to meet the requirements of 310 CMR 7.24(6) only in accordance with the applicable test procedures cited below:

3/6/09 (Effective 3/1/09) 31 0 CMR • 250.66.8310 CMR: DEPARTMENT OF ENVIRON'"MENTAL PROTECTION
7.24: continued

a Pressure DecayTest (Bay Area All Pollution Control District Source Test Procedure ST-30 (2/6/1991)) and Table A Minimum Allowable Pressure. 

### [I'able A. MINIMUM ALLOW ABLE PRESSURE (Based on an initial pressure of 10.0" we.) Ullage Minimum Allowable Ullage 

### Minimum (Gal) Pressure (''we) (Gal) Allowable Pressure
.(''we) 500 3.70 6,000 9.38 600 4.50 7,000 9.46 700 5.20 7,500 9.50 800 5.80 8,000 9.52 900 6.20 9,000 9.56 1,000 6.50 10,000 9.60 1,250 7.05 11,000 9.62 1,750 7.90 12,000 9.64 2,000 8.20 13,000 9.66 2,250 8.35 14,000 9.68 2,500 8.50 15,000 9.70 2,750 8.60 16,000 9.71 3,000 8.70 17,000 9.71 3,250 8.80 18,000 9.72 3,500 8.90 19,000 9.73 3,750 9.00 20,000 9.73 4,000 9.10 21,000 9.74 4,250 9. 15 22,000 9.75 4,500 9.20 23,000 9
.75 4,750 9.25 24,000 9.76 

### 5,000 9.30 25,000 9.77 30,000 9.80 Note: For a valid test, total ullage must be at least 500 gallons but no more than 30,000 gallons. b. Underground Piping Check (Vapor Tie) Test (San Diego County All Pollution Control District Test Procedure TP-96-1, Section 5.1.9) c. Pressure/Vacuum Vent Test (Leak Rate and Cracking Pressure ofPressure!Vacuurn Vent Valves, CARB TP-201.1E) PN reliefvents shall be tested to be wi1hin .29ozfm2 or 0.5 inches ofwater column of the designed pressure and within 1
.2ozfm2 or 2.0 inches ofwater column ofthe vacuum settings. d. Air-to-Liquid Volume Ratio Test (CARB TP-201.5). e. Dynamic Pressure/Liquid Blockage Test (CARB TP-201.4). f. Healy 400 ORVR (Executive Order# G-70-186), 

### Healy 400 ORVR Above Ground Storage System (Executive Order# G-70-187) and Franzen-Hil1 Cargo Tank Truck System (Executive Order# G-70-193) Exhibit 4: Vapor Return Line Vacuum Integrity Test Exhibit 5: Fillneck Vapor Pressure Regulation Fueling Test Healy 600 (Executive Order# G-70-165) Exhibit 4: Vapor Return Line Vacuum Integrity Test. 8. 

### Any person subject to 310 CMR 7.24(6)(g) 

### shall certify to the Department that each compliance test performed to meet the requirements of31 0 CMR 7.24(6)(c) was performed as required by 310 CMR 7.24(6)(g)6. and 7. As applicable the Certification shall be submitted on a Stage II Installation/Substantial Modification Certification or Annual In-Use Compliance Certification and shall include:

3/6/09 (Effective 311/09) 310 CMR

- 250.66.97.24: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

a. the date each compliance test was first performed and the result; and b

. the date each compliance test 

### was performed and passed

. c. a notation whether: i. the entire installed Stage II system 

### was tested and passed all applicable compliance tested; or ii. incorrectly installed, non-functioning or broken components were Isolated from the remainder ofthe installed Stage II system and the remainder ofStage II system 

### was tested and passed all applicable compliance tests. d. If the remainder of the Stage D system was tested and passed all applicable compliance tests, as noted in 310 CMR 7.24(6)(g) 8
.c., identifY all components Isolated from the remainder ofthe Stage II system. 9. Each Certification submitted pursuant to 310 CMR 7
.24(6)(g)8. shall be fully completed and signed by a Compliance Testing Company Responsible Official, who shall attest to the following: a. I 

### certifY that I personally examined the foregoing and am familiar with the information contained in this document and all the attachments and 

### that, based on my inquiry ofthosepersons immediatelyresponsible for obtainingtheinformation, 1 believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; and b. I am fully authorized to make this attestation on behalfofthis Stage 

## n Compliance Testing Company. 10. Any person subject to 310 CMR 7.24(6)(g) shall maintain the following records on site, for a minimum of five years, at the location( s) referenced on the form submitted pursuant to 310 CMR 7.24(6)(g)J.a.iv: a. A complete set of records ofcompliance tests performed to meet the requirements of 310 CMR 7.24(6)(c). Such records shall include, by facility address: i. the date and flrst result for each required test performed; ii. the date each test was pe.tformed and passed; and iii

. an itemized list of all Stage II system components re-installed, repaired or replaced as necessary for the system to pass the applicable test(s)
. b

. A current record of all persons or employees trained as required by 3I0 CMR 7.24(6)(g)3. Such record shall include the following: i. the date training 

### was received; ii. the person or employee's printed name; and iii. the personal signature ofthe person or employee acknowledging receipt ofrequired training. 11. All records maintained pursuant to 310 CMR 7.24(6)(g)l 0. shall be made available to the Department or the US EPA immediately upon the request ofeither. (h) Violations of3l0 CMR 7.24(6). For any person subject to 310 CMR 7
.24(6) it shall be a violation of310 CMR 7.24(6) to: 1. fail to submit any Certification or Notification reqcired by to 310 CMR 7.24(6) as applicable; 2. make any false, inaccurate, incomplete or misleading statements in any Certification or Notification required by to 310 CMR 7.24(6); 3. make any false, inaccurate, incomplete or misleading statements in any record, report, plan, file, log orregister which saidperson is required to keep pursuant to 310 CMR 7.24(6); 4. hold themselves out as a responsible official in viola tion ofthe applicable requirements ofto 310 CMR. 7.24(6); 5. fail to comply with any applicable standards imposed under 310 CMR 7.24(6) ; or 6. violate any other provision of310 CMR 7.24(6).

3/6 /09 (Effective 3/l/09) 310 CMR- 250
.66.10

### 7.24: continued

Number G-70-7

-AD G

-70-14-AA G

-70-17

-AD G-70-18-C G-70-23-AC G-70-25-AA G-70-33-AB G-70-36-AD G-70-37-B G-70

-38-AB G-70-48-AA G-70-49-AA G-70-52-AM G-70-53-AA G-70-77 G-70-78 G-70-101-B G-70-107 G-70-110 G-70-118-AB G-70-125-AA G-70-127 G-70- 134 G-70-139 G-70-150-AE G-70-153-AD G-70-154-AA G-70-159-AB G

-70

- 163-AA G-70-164-AA G-70-165 G-70-169-AA G-70-170 G-70-177-AA G-70-179 G-70-180 G-70-183-AA G-70

-186 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

(i) Department Adopted CARB Sta2e IT System**Exec~tive** 

### Orders. Description Certification of the Hasstech Model VCP-2 and VCP 2A PhaseII VaporRecoverySystem
. Recertification ofRed Jacket Aspirator Assist Phase II Vapor Recovery System
. Modification of Certification ofthe Emco Wheaton Balance Phase IT Vapor Recovery System. Modification of Certification of the Shell Modei75B 1and 75Bl-R3 Service StationPhase DVapor Recovery System
. Recertification ofthe Exxon Balance Phase ll

### Vapor Recovery System. Recertification of the Atlantic Richfield Balance Phase II Vapor Recovery System. Certification ofthe Modified Hirt VCS-200 Vacuum Assist PhaseD Vapor Recovery System Modification ofCertification ofthe OPW Balance Phase IT Vapor Recovery System. Modification of theCertification of the Chevron BalancePhaseIIVaporRecovery System with OPW nozzles for Service. Recertification ofthe Texaco Balance Phase IT Vapor Recovery System. Recertification ofthe Mobil Oil Balance Phase II Vapor Recovery System. Recertification ofthe Union Balance Phase ll 

### Vapor Recovery System. Certification ofComponents for Red Jacket, Hirt and 

### Balance Phase II Vapor Recovery System. Recertification ofthe Che\TOn Balance Phase ll

### Vapor Recovery System
. Certification of the OPW Repair/ReplacementParts and Modification of the Certification ofthe OPW Balance Phase II Vapor Recovery System. Certification oftheE-ZFJoNozzle Company RebuiltVaporRecoveryNozzles and Vapor Recovery Components
. Certification ofthe E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles and Use of E-Z Flo Components with OPW Models 11VC and 11 VE Vapor Recovery Nozzles. Certification of Rainbow Petroleum Products Model RA3003, RA3005, RA3006 and RA3007 Vapor Recovery Nozzles and Vapor Recovery Components. Certification ofStage I and II Vapor Recovery Systems for Methanol Fueling Facilities. Certification ofAmoco V-1 Vapor Recovery System. Modification ofthe Certification of the Husky Model VPhase II BalanceVaporRecovery Nozzle. Certification ofthe OPW Model 111

-V Phase Vapor Recovery Nozzle. Certification oftheEZFloRebuiltA-4000 Series and 11V -SeriesVaporRecovery System. Additionto the Certification of the HirtModel V CS-200 Phase ll

### VaporRecovery System. Modification ofthe Certification ofthe Gil

### barco VaporVac Phase II Vapor Recovery System. Modification to the Certification of the Dresser/Wayne WayneVac Phase D Vapor Recovery System. Modification to the Certificationof theTokheimMaxV acPhaseD VaporRecovery System. Modifiaction of the Certification ofthe SaberNozzle for Use with the Gilbarco VaporVac Phase ll

### Vapor Recovery System
. Certification ofthe OPW VaporEZ Phase Jl 

### Vapor Recovery System. Modification to the Certification of the Hasstech VCP-3A Vacuum Assist PhaseD Vapor Recovery System. Healy Vacuum Assist Phase II Vapor Recovery System. Modification to the Certification ofthe Franklin Electric INTELLIVAC Phase Jl 

### Vapor Recovery System. Certification of the EZ-flo Rebuilt 5005 and 50 15 foruse withthe Balance Phase ll

### Vapor Recovery System. Certification of the VCS400-7 Vacuum Assist Phase ll

### Vapor Recovery System. Certification ofthe Catlow ICVN-Vl Vacuum Assist Phase II Vapor Recovery System. OrderRevoking Certitication ofthe Healy Phase 

### TI Vapor Recovery Systems for Gasoline Dispensing Systems. Certification ofthe Healy/Franklin Vacuum Assist Phase II Vapor Recovery System. Certification ofthe Healy Model400 ORVR Vapor Recovery System.
3/6/09 (Effective 3/1/09) 310 CMR- 250.66.11

### 7.24: continued Number 

### G-70..188 G-70-191AA G-70..196 G-70-199-AJ VR-201-A EVR-202-A G-70..204-A 310 CMR: DEPARTMENT OF ENVIRONMENT
. .<\L 

### PROTECTION

Description 

### (continued) Certification of the Catlow lCVN Vapor Recovery Nozzle System for use with 

### the Gilbarco VaporVac Vapor Recovery System. Healy/Franklin VP-1000 Vapor Pump Phase II Vapor Recovery System(Healy ORVR Phase ll 

### Vapor Recovery System). Certification ofthe Saber Technologies, LLC SaberVac VR Phase ll 

### Vapor Recovery System Certification of the GasolineDispensingNozzlesto theLiquid Retention of350 millileters per 1,000 Gallons Dispensed. Healy System Inc. Phase TI 

### Enhanced VaporRecovery (EVR) SystemNot Including ISD Healy Phase II Enhanced Vapor Recovery System Including Veeder-Root·ISD System Certification ofthe Gilbarco VaporVac/OPW Vaporsaver ORVR-Compatible System

3/6/09 (Effective 3/1/09) 310 CMR- 250.66.127.24: continued

Number G-70-102-A G-70-116-F G-70-128 G-70-130A G-70-l31A G-70-132-A G-70-132-B G-70-136 G-70-137 G

-

70-138 G-70-139 G-70-140-A G-70-142-B G-70-143 G-70-147-A G-70-148-A G-70-152 G-70-155 G-70-156 G-70-157 G-70-158-A G-70-160 G-70-161 G-70-162-A G-70-167 G-70-168 G-70-175 G-70-181 G-70-187 G-70-190 G-70-192 G-70-193 G-70-194 G-70

- 195 G-70-197 G-70-200 G-70-201 G-70-202 310 CMR: DEPARTMENT OF**ENVIRON~1ENT**AL PROTECTION

(j) DepartmentAdopted CARB Stage II System Executive Orders for Above Ground Storage Tank Vapor Recovery Systems. Description Certification ofa Phase I Vapor Recovexy System for Aboveground Storage Tanks with Jess than 40,000 Gallons Capacity for Gasoline or Gasoline/Methanol Blended Fuels ConVault Aboveground Tank Vapor Recovery System Bryant Fuel Cell Aboveground Tank Vapor Recovery System Petrovault Aboveground Tank Vapor Recovery System Tank Vault Aboveground Tank Vapor Recovery System Supervault Aboveground Tank Vapor Recovery System Supervault Aboveground Tank Vapor Recovery System FireSafe Aboveground Tank Vapor Recovexy System FuelSafe Aboveground Tank Vapor Recovexy System Phase IIVaporRecovery SystemsInstalled onGasoline BulkPlants/Dispensing Facilities with Aboveground Tanks Additionto the Certification of the HirtModel VCS-200 Phase IIVaporRecovexy System Integral Phase I and Phase II Aboveground Tank Configurations with the Healy Phase II Vapor Recovery System Phase I Vapor Recovery System for Aboveground Gasiline Storage Tanks Pff Vault Aboveground Tank Vapor Recovery System New United Motors Manufacturing, Incorporated Phase IT Vapor Recovery System atthe Fremont, California Assembly Plant Lube Cube Aboveground Tank Vapor Recovery System Moiser BrothersTanks and Manufucturing Aboveground Tank VaJX>r Recovery System Petroleum Marketing Aboveground Tank Vapor Recovery System Ecovault Aboveground Tank Vacuum Assist Vapor Recovery System Ecovault Aboveground Tank Balance Vapor Recovery System Firesafe Abovegrmmd Tank Vapor Recovery System Above Ground Tank Vault Vapor Recovexy System Hoover Containment Systems, Inco.rporated Fuelmaster Aboveground Tank Vapor Recovery System Steel Tank Institute Fireguard Aboveground Tank Vapor Recovery System EnviroVault Aboveground Tank Vapor Recovery System Bxyant Fuel Systems Phase I Vapor Recovexy System Hasstech VCP-3A Vacuum Assist Phase II Vapor Recovery System for Aboveground Tank Systems Hirt VCS400-7 Bootless Nozzle Phase II Vapor Recovery System for Aboveground Storage Tank Systems Healy Model400 ORVR Vapor Recovery System for Aboveground Tank Systems Guardian Containment, Corporation Armor Cast Aboveground Tank Vapor Recovery System Certification ofthe Healy Model400 ORVR Nozzle for Existing Aboveground Storage Tank Systems Certification of the Hill-Vac Vapor Recovery System for Cargo Tank Motor Vehicle Fueling Systems Containment Solutions Hoover Vault Aboveground Tank Vapor Recovery System Cretex Companies, Inc Fue)Vault Aboveground Tank Vapor Recovery System Synchrotek Fastflo 3 Phase II Vapor Recovery System Oldcastle Aboveground Below-Grade Fuel Vault with Balance Vapor Recovery System and Buried Vapor Return Piping Oldcastle Aboveground Below-Grade Fuel Vault with Balance Vapor Recovery System and Trenched Vapor 

### Return Piping Oldcastle Aboveground Below-Grade Fuel Vault with Gilbarco VaporVac Phase II Recovery System and Trenched Vapor Return Piping (k) The provisions and requirements of 310 CMR 7.24 (6)(a) and (b) are subject to the enforcement provisions specified in 310 CMR 7.52.


### 316/09 (Effective 3/1/09) 31 0 CMR • 250.67310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.24: continued

10/3/97 (7)**Oxy~enated** C'Tllsoljne Composition and Use
. (a) Applicability

. 1. 310 CMR 7.24{7) applies to any person who owns, leases, operates, or controls one ormore of the following in the Commonwealth ofMassachusetts as defiried in 310 CMR 7.00: a. Bulk plants; b. Bulk terminals; c. Tank trucks subject to 310 CMR 7.24(4); d. Gasoline marketing facilities; or e. Motor vehicle fuel dispensing facilities. 2
. Ifthe Department verifies a violation ofthe eight hour carbon monoxide National Ambient 

### Air Quality Standard within Boston, Cambridge, Chelsea, Everett, Malden, Medford, Quincy, Revere or Somerville, in the next applicable oxygenated gasoline control period, no person subject to 310 CMR 7.24(7)(a)l. shall provide, offer for sale, use, sell, or exchange in trade any gasoline in the oxygenated gasoline control area, during the oxygenated gasoline control period, which is not oxygenated gasoline, except where an emergency exemption has been issued by the Department pursuant to 310 CMR 7.24(7)(g). 3. Such limitations shall not apply to the offer, provision, sale, or exchange ·ofgasoline not meeting the requirements of 310 CMR. 7
.24(7)(a)2. by subject bulk plants, bulk terminals, or tank trucks during the oxygenated gasoline control period to gasoline marketing facilities or motor vehicle fuel dispensing facilities located outside the oxygenated gasoline control area. (b) Compliance Testini. 1. Any person who owns, leases, operates, or controls a bulk plant or bulk terminal subject to 310 CMR 7.00 shall conduct gasoline testing for the purposes ofcompliance with the requirements of310 CMR 7
.24(7). Such compliance testing shall include but not be limited to: a. detelllliDation ofthe oxygenate content by weight ofgasoline; b. the percent oxygen content by weight; and

. c. the oxygenate type(s) utilized to satisfy the requirements of310 CMR 7.00. 2. Bulk plants and bulk terminals subject to 310 CMR 7.24(7) which receive oxygenated gasoline such that no additional blending of oxygenates occurs for the purpose of compliance with 310 CMR 7.00, shall conduct compliance testing upon receipt ofeach delivery ofsuch oxygenated gasoline. 3. Bulk plants and bulk terminals subject to 310 CMR 7.24{7) which blend oxygenates with gasoline for the purpose of compliance with 310 CMR 7
.24{7), shall conduct compliance testing upon the transfer ofevery 1,000,000 gallons ofoxygenated gasoline from said bulk plant or bulk terminal to subject tank trucks, or more frequently if so required by the Department. (c) Methods for**Samplin~ Testin~**  and**Calculatin~: Ozy~:en**  Content. 1
. Any person determining the oxygen content by weight of gasoline shall use the values listed in Table 7
.24{7)(c)l., and the methods identified in 310 CMR 7
.24(7)(c)2
., 3
., and 

### 4. All volume measurements shall be adjusted to 60°F. 2. Any person determining the oxygen content by weight ofgasoline shall obtain 

### a representative sample in accordance with the 

### US Environmental Protection Agency's (EPA) sampling method as detailed in Title 40 CFR Part 80, Appendix D or any other sampling method approved by the Department and EPA. 3. Any person detennining the oxygen content by weight ofgasoline shall determine the mass concentration ofeach oxygenate in the sa,mple by one ofthe following methods: a. ASTM Method 4815 (Standard Test Method For Determination ofC1 to C4 Alcohols and MTBE in Gasoline by Gas Chromatography); or b. Appendix C to EPA's Notice of Guidelines for Oxygenated Gasoline Credit Programs as amended; or c. 

### Any other method approved by the bepartment and 

### EPA. 4. Any person determining the oxygen content by weight of gasoline shall use the oxygen content conversion methodology contained in EPA's Notice ofGuidelines for Oxygenated Gasoline Credit Programs as amended.

310 CMR- 250.68