COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE OFFICE OF ENERGY & E NVIRONMENTAL AFFAIRS 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

ONE WINTER STREET, BOSTON, MA 02108 617-292-6500 

DEVAL L. PATRICK 

Governor IAN A. BOWLES 

Secretar)' 

TIMOTHY P. MURRAY 

Lieutenant Governor 

310 CMR 7.24(6) U. Dispensing of Motor Vehicle Fuel 

{Stage II Vapor 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 AIR POLLUTION CONTROL DISTRICT 

SOUTHEASTERN MASSACHUSETTS AIR POLLUTION CONTROL DISTRICT 

STATUTORY AUTHORITY 

M.G.L. c. 111, Sections 142A through 142N 

December 2008 

LAURIE BURT 

Commtssioner 

This 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 World Wide Web: http://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 of the Department of Environmental 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 of editorial review and changes to documents cited 

in the proposed amendments that were revised subsequent to MADEP initiating the public 

hearin& process. 

II. BACKGROUND 

The MAD EP 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 of 40 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 of the 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. 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 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 of vacuum." 

We understand that PN vents are already required on facilities which have Stage II 

vacuum assist type systems under other provisions of this 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 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 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. 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 of the 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 staff at the 

California Air Resources Board (CARB), we understand that if stations 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/t I /memoranda/stage ii vapor recovery 121806.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 of routine maintenance 

could expect a much smaller incremental 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 for the proposed amendments to 

the Stage II regulatio.ns and the current final promulgation of those 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 tluck 

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 of Fire 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 of use status. b. The temporary out of use status of a 

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 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 of use 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 I 0 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 310 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 substantively 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 of the Commonwealth 

Regulation Filing To be completed by filing agency 

Docket# 540 

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

CHAPTER TITLE: Air Pol l ution Control 

AGENCY: De part me nt o f Environme ntal Pr o tectio n 

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 

In 2000, the Department amended the Stage II regulations 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 - if this regulation is adopted as an emergency, state the nature of the emergency. 

PRIOR NOTIFICATION AND/OR APPROVAL- If prior notification to and/or approval of the Governor, 

Legislature or others was required, list each notification, and/or approval and date, including notice to the Local 

Government Advisory Commission. 

N/A 

PUBLIC REVIEW - M. G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period be 

filed with the Secretary of the Commonwealth, published in appropriate newspapers, and sent to persons to 

whom specific notice must be given at least 21 days prior to such hearing or comment period. 

Date of public hearing or comment period: April 30, 2008 ·May 12, 2008 
..;CAL EFFECT - Estimate the fiscal effect of the public and private 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 of this 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 or conflicts with any other regulation. If the 

purpose of this 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 of the Code 

of Massachusetts Regulations (CMR) or repeal, replace or amend. 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 of the 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 any coating 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 of service one or more 

components of a Stage II system so that the remainder of the Stage ll system operates as required 

by the terms and conditions of the system's currently applicable Executive Order. 

KNIFE COATING means the application of any coating to a substrate by means of drawing the 

substrate beneath a thin blade that spreads the coating evenly over the full width of the !;Ubstrate 

LARGE APPLIANCE SURF ACE COATING means the coating of doors, cases, lids, panels, 

and interior support parts of residential 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 of process 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 02 in the engine exhaust gases is 1.0% or more. 

LEASE CUSTODY TRANSFER means the transfer of produced 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 of transportation. 

LEATHER SURF ACE COATfl\!G means the coating of a leather 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 of property, 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 of property 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 of a bulk liquid 

cargo from one marine tank vessel to another vessel. 

LIQUID-MOUNTED SEAL means a primary seal mounted in continuous contact with the liquid 

between the tank wall and the floating roof around the circumference of the tank. 

LITHOGRAPHIC PRINTING means a printing process 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 or hoses; or any other means of admitting any other organic liquid into marine vessel 

cargo ta,nks. 

316109 (Effective 3/1/09) 310 CMR- 185 
310 CMR: DEPARTMENT OF ENVIRO't\TMENT AL PROTECTION 

DEFINITIONS: continued 

LOWEST ACHIEVABLE EMISSION RATE CLAER) means, for any source, the more 

stringent rate of emissions based on the following: 

(a) The most stringent emissions limitation which is contained in any state SIP for such 

class or category of stationary source, unless the ovmer or operator of the proposed stationary 

source demonstrates that such limitations are not achievable; or 

(b) The most stringent emissions limitation which is achieved in practice by such class or 

category of stationary source. This limitation, when applied to a modification, means the 

lowest achievable emissions rate for the new or modified emissions units within a stationary 

source. 

In no event shall LAER allow a proposed new or modified stationary source to emit any 

pollutant in excess of the amount allowable pursuant to applicable New Source Performance 

Standards of 40 CFR Part 60. 

MAGNET \VIRE INSULATION SURF ACE COATING means the application of electrically 

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 Board whenever said Board needs information from the public, or when it wishes to 

inform the public of new 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 of air 

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 issued by the 

California Air Resources Board, which is a policy interpretation for further clarification of the 

California Code of Regulations 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 of carrying liquid bulk 

cargo in tanks. 

MARINE TERMINAL means any facility or structure constructed to load or unload organic 

liquid bulk cargo into or out of marine tank vessels. 

MARINE VESSEL means any tugboat, tanker, freighter, barge, passenger ship, or any other 

boat, ship, or watercraft except those used primarily for recreation. 

MASSACHUSETTS EMISSION INSPECTION TESTING MANUAL means a booklet which 

sets forth in detail the required exhaust emissions testing procedures to be used by all 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 ACH1EV ABLE 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 of reduction in emissions of hazardous 

air pollutants determined, after examination of economics, 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. • 186 
310 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 of two 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 SURF ACE COATING means the coating of any metal parts which will 

be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. 

MlNOR MODIFICATION means, for 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 of 4 

dispensers); a central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle 

system; ball float extractor valve housings; dispenser mounted vapor pumps; or "screw-on" spill 

or dry break buckets.lfthe re-installation, repair or replacementofStage II System components 

occurs at a motor vehicle fuel dispensing facility with two or less dispensers, the re-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 of miscellaneous 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 of rolls or coils; 

magnet wire for use in electrical machinery; metal furniture; large appliances; automobile and 

light duty trucks, automobile refinishing; or customized topcoating of automobiles and trucks, 

if production 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 golf carts). 

MODEL YEAR means a motor vehicle manufacturer's annual production period which includes 

January I of a calendar year or, if the manufacturer has no annual production period, the calendar 

year. In the case of any vehicle manufactured in two or more stages, the time of manufacture 

shall be the date of completion of the 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 VEHICLE means any equipment or mechanical device propelled primarily 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 or trackless trolley, or devices used for 

domestic purposes. 

MOTOR VEHICLE FUEL means any petroleum distillate having a Reid Vapor Pressure of more 

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 of simple alcohols and gasoline. 

3/6/09 (Effective 311/09) 310 CMR -186.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECITON 

DEFINITIONS: continued 

7/1/94 

REFRJGERA TED CHILLER means a device which is mounted above the water jacket and 

the primary condenser coils, consisting of secondary 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 

310 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 of the corporation in 

charge of a principal business function, or any other person who performs similar 

policy-making or decision-making functions of the corporation. 

(d) a municipality or other public agency - a principal executive officer or ranking elected 

official who is empowered to enter into contracts on behalf of the 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 of on-Logan airport commercial parking 

spaces, and which are not otherwise available for use by Logan Airport air travellers and visitors; 

restricted use parking, for the purpose of 310 CMR 7.33 means parking spaces wli.icb are 

provided for free when motor vehicle parking space demand exceeds the supply of motor 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 of a coating to a substrate by means of hard 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 of the substrate. 

ROLLER PRINTING means rotogravure printing on a textile substrate. 

ROTARY SCREEN PRINTING means the application of a decorative print, words, designs, or 

pictures to a textile substrate by means of a cylindrical, metal screen. 

ROTOGRAVURE PRINTING means the application of words, designs and pictures to a 

substrate by means of a roll printing technique which involves an intaglio or recessed image 

areas in the form of cells. 

ROUTINE MAINTENANCE means, for the purposes of 310 CMR 7.24(6), the regular reinstallation, repair or replacement of one 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 vapor caps; drain valves; monitor caps; or riser 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 of the construction 

or operation of a 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 of the construction or operation of the major stationary 

source/facility or major modification. 

3/6/09 (Effective 3/1109) 310 CMR- 19·4 
310 C!vfR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

316109 

SECRETARY means the Secretary of Transportation and Construction. 

SEMI-TRANSPARENT ST AlN means a coating which is formulated 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 

does not recover heat from the combustion turbine exhaust gases to heat water or generate steam. 

SINGLE COAT means a single film of coaling applied directly to the substrate omitting any 

primer application. 

SINGLE-OCCUPANT COMMUTER VEIDCLE means a motor-powered vehicle with four or 

more wheels with capacity for a driver plus one 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 of his employment, or studies. 

310 C!vfR- 194.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

NON-TEXT PAGE 

3/6/09 310CMR-194.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

3/6/09 

SINGLE-STAGE TOPCOAT means a topcoat consisting of only one coating. 

SMALLER EMPLOYERS means any person or entity who employs between 50 and 250 

employee commuters who are located within an industrial or office park and are within walking 

distance of each 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 of the alkali metal salts of fatty acids having from ten to 

18 carbon atoms. 

SOLIDS as used in 310 CMR 7.18, means the volume (in gallons) of solid 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 of cleaning metal surfaces by using a 

volatile organic compound: 

- Cold cleaning degreasing means the batch process of solvent metal cleaning by spraying, 

brushing, flushing or immersion while maintaining the solvent below its boiling point. 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 degreasing means the process of solvent metal cleaning by condensing hot solvent 

vapor on the colder metal parts. 

SOUND means the phenomenon of alternative 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 of hearing. 

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 space heater that is capable of burning used oil 

fuel. 

SPECIAL AND EXTREME SOL VENT METAL CLEANING means the use of degreasers: 

(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 unusual job performance 

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- 195 
310 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 pipe or hose 

whose discharge opening is above the surface level of the 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 of 20°C and pressure of 760 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") means the most recently prepared plan orrevision 

thereof required 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 operates with a rotary motion, including any simple cycle turbine, regenerative cycle 

turbine, or any turbine portion of a combined cycle steam/electric generating system that is not 

self propelled. 

STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINE means any 

reciprocating internal combustion engine. It does not include an engine that is regulated 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. 

STOKER means a boiler/furnace design that incoiporates a feeding mechanism, fuel distribution 

and ash residue collection system for the pUipose of introducing solid fuel into the combustion 

zone of the boiler/furnace by feeding the fuel onto a grate. 

STRUCTURAL MEMBER means any load-supporting member of a 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 educational institution and who 

travels to and from classes by any mode of travel. 

SUBMERGED FILLING means the filling of a tank truck or stationary storage tank through a 

pipe or hose whose discharge opening is entirely submerged below the surface level of the 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 - 196 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

SUBSTANTIAL MODIFICATION means, for the pUipOses of 310 CMR 7.24(6), thereinstallation, repair or replacement of one or more Stage II System components including, but not 

limited to: 50% or more of the motor vehicle fuel dispensers (e.g., two of four dispensers); the 

replacement of one type of Stage II system with another type (e.g., replacement of a balance 

system with a vacuum assist system, or a Healy 400 ORVR nozzle system or Healy 600 nozzle 

system with a Healy VP-1 000 system); or the re-installation, repair or replacement of Stage 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). If the re-installation, repair or replacement of one or more Stage II System 

components occurs at a motor vehicle fuel dispensing facility with two or fewer dispensers, the 

re-installation, repair or replacement of all motor vehicle fuel dispensers shall be a Substantial 

Modification. 

SUBST ANIIALRECONSTRUCTION means any physical change in, or changes in the method 

of operation of a facility or its appurtenances which changes the 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- 196.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 of H20 in the tank truck; and, 

2. a reading equal to or greater than 100% of the lower explosive limit (LEL, measured 

as methane) at one inch from all points of the perimeter of a potential leak source during 

transfer operations at the loading rack or stationary tank; and, 

3. visible liquid leaks during loading at the loading rack or unloading at the stationary 

tank. 

(c) The owner or operator of a tank truck subject to 310 CMR 7.24(4) shall: 

1. notify the Department in writing of the date and location of a 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 

vehicle fuel tank trucks subject to 310CMR 7.24(4) may be satisfied if the vehicle undergoes 

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 of the daily throughput of any organic material with a true vapor pressure of 1.5 psia 

or greater under actual storage conditions. 

(i) Testing Reguirements. Testing to determine compliance with 310 CMR 7.24(4) shall be 

conducted in accordance with EPA Method 27 as described in Appendix A of CFR 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 310 CMR 7.24 may be determined by the Department 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 or controlling any gasoline marketing facility 

shall, upon request by any employee of the Department, provide a sample or samples of 

gasoline from said gasoline marketing facility in accordance with the test 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- 250.65 
310 CMR: DEPARTMENT OF ENviRONMENTAL PROTECTION 

7.24: continued 

(6) U Dispensing of Motor 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 of the 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 greater than or equal to I ,000,000 gallons of motor 

vehicle fuel; or 

b. by April 1, 1992 where the annual (calendar year) throughput of the motor 

vehicle fuel dispensing facility is less than I ,000,000 gallons but greater than or equal 

to 500,000 gallons of motor vehicle fuel; or 

c. by Apr ill, 1993 where the annual (calendar year) throughput of the motor vehicle 

fuel dispensing facility is less than 500,000 gallons per year but is greater than or 

equal to 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 or controls a motor vehicle fuel dispensing 

facility constructed before November 1, 1989, which has not been 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 of the total number of gallons of motor 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 of motor vehicle fuel to a motor vehicle or portable 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 subject to 310 CMR 7.24(6) shall conspicuously post Stage II system 

operatjng instructions on both sides of all 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 clear pictorial or written description of how to correctly 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 shutoff has engaged; and 

c. the telephone number of the 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 of 550 gallons or less capacity, used 

for the purpose of fueling implements of husbandry, provided the fuel storage tank 

is equipped with submerged fill pipes. 

b. A stationary motor vehicle fuel storage tank of greater than 250 gallons, but 1000 

gallons or less capacity, used for the purpose of onsite fueling of motor vehicles with 

motor vehicle fuel that is the by-product of motor 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- 250.66 
7.24: 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 of this subsection shall take such action as necessary to comply 

with the requirements of this subsection on or before September l, 2009. 

7. On or after March I, 2009, 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)l. 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 March l, 2009 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 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 of the system's currently applicable Executive Order. 

b. Take such actions as necessary to comply with the applicable terms and 

conditions of any 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 of the Stage II System; or 

ii. within four years, whichever occurs first. 

c. Once every seven days perform a weekly visual inspection of the Stage IT system 

components to determine if such components are installed, functioning and unbroken 

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 dispensing motor vehicle fuel through such component(s), conspicuously 

post "Out of Service" 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 of the 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 31 0 CMR 7 .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 required by 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 

conspicuously post "Out of Service" 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 of the Stage II system's 

currently applicable Executive Order. 

3/6/09 (Effective 3/l/09) 310 CMR- 250.66.1 
7.24: continued 

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. shall be perfonned only by a person who is trained to operate and maintain 

the Stage II system as required by the tenns and conditions of the system's currently 

applicable Executive Order. A current record of all persons trained shall be maintained 

on site or, for tank trucks, at the address from which the tank truck is principally 

operated, and shall include the following: 

a. the date training was last received; 

b. the trainee's printed name; and 

c. the personal signature of the trainee acknowledging receipt of the 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 the most recent rolling twelvemonth period. Such records may be either hard copy documents or electronic documents, 

provided that a hard copy of the electronic documents shall be printed on-site 

immediately upon request. Such maintenance records for tank trucks shall be maintained 

at the address from which the tank truck is principally operated. Stage II system 

maintenance records shall include: 

a all of the facility's weekly inspection checklists for the prior rolling twelve-month 

period, identifying: 

i. the date each weekly visual inspection was perfonned and the signature of the 

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, or the facility stopped dispensing motor vehicle fuel and all fuel 

dispensers were taken out of service; 

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 Department or 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 of a 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 of a compliance certification to tbe Department is not required. 

b. In the event of a Minor Modification of a Stage IT system, applicable compliance 

tests shall be perfonned and passed prior to commencing system operation and a 

record of such modification and test results shall be maintained in accordance with 

310 CMR 7.24(6)(b)3. Submittal of a compliance certification to the Department is 

not required. 

2. Installation/Substantial Modification Certification. Any person subject to 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 310 CMR 7.24(6)(d) were 

perfonned and passed; and 

316109 (Effective 3/1/09) 310 CMR- 250.66.2 
7.24: continued 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

c. the applicable installation compliance tests were performed 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-use Compliance Certification. Except as provided in 310 CMR 7.24(6)( c), 

any person subject to 310 CMR 7.24(6) shall annually submit to the Department a fully 

completed and signed Annual In-use Compliance Certification, on a form obtained from 

the Department, attesting to the following: 

a. the installed Stage II system is operated and maintained as requhed by 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 Vent Test; and Air-to-Liquid Ratio Test; Every-thirdyear in-use compliance test: Dynamic Pressure/Liquid Blockage Test. 

iii. Healy Systems. All applicable tests shall be performed annually. 

c. The applicable in-use compliance tests were performed and passed not more than 

30 days prior to the date postmarked on the envelope 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 of two consecutive years' of Annual 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 310 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 date for Certifications required pursuantto 31 0 CMR 7 .24( 6)( c )3. and 4., 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 of the 

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- 250.66.3 
7.24: 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 compliance tests pursuant to 31 0 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 of any 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 

more in-use compliance tests required by 310 CMR 7 .24(6)( c )3. or 4., 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 before the facility's Annual In-Use Compliance Certification submittal date or 

within 30 days of the date of the 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, whichever 

occurs first. 

7. If a 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 of the Stage IT system operates as required by 

the terms and conditions of the system's currently applicable Executive Order; and 

b. submit to the Department the required Annual In-Use Compliance Certification 

based on passing test results for the remainder of the Stage II system on or before the 

facility's Annual In-use Compliance Certification submittal date or within 30 days 

of the date of the 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 of a Stage II system are complied with. 

8. If a 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 of Service" 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 of the 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. If a facility fails one or more required in-use compliance tests and is subject to 

310 CMR 7.24(6)(c)8., for pl.Uposesofcompliance with the 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 

said facility's currently applicable 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)(£). 

I 0. AIJy person subject to 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 14 days of the performance of said 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. PN Vent 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 a person or Stage Il compliance testing 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 of an existing motor 

vehicle fuel dispensing facility or tank truck subject to 310 CMR 7.24(6) shall submit to 

the Department, within 30 days of the effective date of becoming such an owner, 

operator, lessee or controller or witllin ten days of a written request 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 of the new Stage II system owner, operator, Jessee or controller and 

related business documentation, including the name and address of the 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. 1 certify 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 

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. I am fully authorized to make this attestation on behalf of 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 agreement by which said person relinquishes his or her authority as an owner, 

operator,Jessee or controller of a facility or tank truck subject to 310 CMR 7.24(6), shall 

submit to the Department, within 30 days of the effective date of said sale, lease or other 

contractual agreement, a signed Jetter notifying the Department of the following: 

a. the name of the 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 Account Number and address or the address from which 

the tank truck is principally operated, as applicable; 

b. the name of the new owner, operator, lessee or controller of the 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 of the change of owner, operator, lessee or controller. 

3. Any person subject to the requirements of 310 CMR 7.24( 6) seeking to permanently 

or temporarily take out of use 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 of the Stage II facility owner, operator, lessee or controller and 

related business information, inc! uding 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 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 of use status of said facility or tank truck on 

record with the Massachusetts Department of Fire Safety. 

b. The temporary out of use status of a 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 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 FP-290R 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 of310 CMR 7.24(6) who temporarily 

· takes out of use a motor vehicle fuel dispensing system shall, prior to commencing 

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(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 longer be subject 

to 31 0 CMR 7 .24( 6) as of the effective date the facility was permanently taken out of use 

as referenced in the required FP-290R Form. 

4. Any Notification submitted to the Department as required by 310 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 of Compliance. 

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 

independent party and where both parties have separate Stage JI compliance responsibilities, 

any Certification or Notification submitted in compliance with the requirements of31 0 CMR 

7.24(6)(c) or (e) shall be signed by Responsible Officials for each party regarding Stage IT 

system compliance. Each Stage IT System Responsible Official shall attest to the following: 

3/6/09 (Effective 3/1/09) 310 CMR - 250.66.6 
7.24: 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 

inquiry of those 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. that systems to maintain compliance are in place at the facility or, if applicable, at the 

location from which the tank truck is principally operated and will be maintained for the 

coming year even if the processes or operating procedures are changed over the course 

of the year; and 

ill. I am fully authorized to make this attestation on behalf of 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 violation of31 0 CMR 7 .24( 6). Not withstanding the previous sentence, any person 

subject to the requirements of31 0 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, any person who owns, leases, operates or controls a company 

that performs Stage IT compliance tests to meet the requirements of3 l 0 CMR 7 .24(6)( c) shall 

submit to the Department a fully completed Stage II Compliance Testing Company 

Notification, on a fonn obtained from the Department, prior to performing any required Stage 

II compliance 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 of any motor vehicle fuel dispensing facility 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 of the 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 of the employee training systems in place at the 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 document and all the attachments and that, based on my 

inquiry of those 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 

if the 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 - 250.66.7 
7.24: 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 

pursuant to 310 CMR 7 .24( 6)(g) 1. within 14 days of the effective date of such 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: Any person subject to the requirements of31 0 CMR 7.24(6)(g) shall submit, at least once 

every two weeks, a written list to the Department identifying . all motor vehicle fuel 

dispensing facilities and tank trucks at which the company is scheduled to perform required 

Stage II compliance test(s) over the next 14 day period. 

a. The list shall be organized by Department region and date, and shall include the name 

and address of each 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, of any change of date of an individual 

facility's scheduled compliance tests no later than 9:00A.M. of the 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 

of any 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 to the requirements of 310 CMR 7 .24(6)(g) shall immediately notify 

the Department of any failed Stage II compliance tests performed as required by 31 0 CMR 

7.24(6)(c) if said 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 of the 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 of 310 CMR 7.24(6)(c) only upon confirmation that 

a. all above ground Stage II system components including, but not limited to: 

dispensers; nozzles; swivels; hose retractors; hoses; breakaways; vapor check valves; and 

the pressure/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 • 250.66.8 
310 CMR: DEPARTMENT OF ENVIRON'"MENTAL PROTECTION 

7.24: continued 

a Pressure Decay Test (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 1 0.0" 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 relief vents shall be tested to be wi1hin .29ozfm2 

or 0.5 inches of water column of the designed pressure and within 1.2ozfm2 or 2.0 inches 

of water column of the 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 of 31 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 - 250.66.9 
7.24: 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 of the installed Stage II system and the remainder of Stage 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 of the 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 of those persons immediately responsible for obtaining the information, 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 behalf of this 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 of compliance 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 3 I 0 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 of the 

person or employee acknowledging receipt of required 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 of either. 

(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 or register which said person is required to keep pursuant to 310 CMR 7 .24(6); 

4. hold themselves out as a responsible official in violation of the 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 Phase II Vapor Recovery System. 

Recertification of Red Jacket Aspirator Assist Phase II Vapor Recovery System. 

Modification of Certification of the Emco Wheaton Balance Phase IT Vapor Recovery 

System. 

Modification of Certification of the Shell Modei75B 1 and 75B l-R3 Service Station Phase 

D Vapor Recovery System. 

Recertification of the Exxon Balance Phase ll Vapor Recovery System. 

Recertification of the Atlantic Richfield Balance Phase II Vapor Recovery System. 

Certification of the Modified Hirt VCS-200 Vacuum Assist PhaseD Vapor Recovery 

System 

Modification of Certification of the OPW Balance Phase IT Vapor Recovery System. 

Modification of the Certification of the Chevron Balance Phase II Vapor Recovery System 

with OPW nozzles for Service. 

Recertification of the Texaco Balance Phase IT Vapor Recovery System. 

Recertification of the Mobil Oil Balance Phase II Vapor Recovery System. 

Recertification of the Union Balance Phase ll Vapor Recovery System. 

Certification of Components for Red Jacket, Hirt and Balance Phase II Vapor Recovery 

System. 

Recertification of the Che\TOn Balance Phase ll Vapor Recovery System. 

Certification of the OPW Repair/Replacement Parts and Modification of the Certification 

of the OPW Balance Phase II Vapor Recovery System. 

Certification oftheE-ZFJo Nozzle Company Rebuilt Vapor Recovery Nozzles and Vapor 

Recovery Components. 

Certification of the E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles and Use of 

E-Z Flo Components with OPW Models 11 VC 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 of Stage I and II Vapor Recovery Systems for Methanol Fueling Facilities. 

Certification of Amoco V-1 Vapor Recovery System. 

Modification of the Certification of the Husky Model V Phase II Balance Vapor Recovery 

Nozzle. 

Certification of the OPW Model 111-V Phase Vapor Recovery Nozzle. 

Certification oftheEZFlo RebuiltA-4000 Series and 11 V -Series Vapor Recovery System. 

Addition to the Certification of the Hirt Model V CS-200 Phase ll Vapor Recovery System. 

Modification of the Certification of the Gil barco Vapor Vac Phase II Vapor Recovery 

System. 

Modification to the Certification of the Dresser/Wayne WayneVac Phase D Vapor 

Recovery System. 

Modification to the Certification of the Tokheim Max V ac PhaseD Vapor Recovery System. 

Modifiaction of the Certification of the Saber Nozzle for Use with the Gil barco VaporVac 

Phase ll Vapor Recovery System. 

Certification of the 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 of the Franklin Electric INTELLIV AC Phase Jl Vapor 

Recovery System. 

Certification of the EZ-flo Rebuilt 5005 and 50 15 for use with the Balance Phase ll Vapor 

Recovery System. 

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

Certification of the Catlow ICVN-Vl Vacuum Assist Phase II Vapor Recovery System. 

Order Revoking Certitication of the Healy Phase TI Vapor Recovery Systems for Gasoline 

Dispensing Systems. 

Certification of the Healy/Franklin Vacuum Assist Phase II Vapor Recovery System. 

Certification of the 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 of the Saber Technologies, LLC SaberVac VR Phase ll Vapor Recovery 

System 

Certification of the Gasoline Dispensing Nozzles to the Liquid Retention of350 millileters 

per 1,000 Gallons Dispensed. 

Healy System Inc. Phase TI Enhanced Vapor Recovery (EVR) System Not Including ISD 

Healy Phase II Enhanced Vapor Recovery System Including Veeder-Root·ISD System 

Certification of the Gilbarco VaporVac/OPW Vaporsaver ORVR-Compatible System 

3/6/09 (Effective 3/1/09) 310 CMR- 250.66.12 
7.24: 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) Department Adopted CARB Stage II System Executive Orders for Above Ground Storage 

Tank Vapor Recovery Systems. 

Description 

Certification of a Phase I Vapor Recovexy System for Aboveground Storage Tanks with 

Jess than 40,000 Gallons Capacity for Gasoline or Gasoline/Methanol Blended Fuels 

Con Vault 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 II Vapor Recovery Systems Installed on Gasoline Bulk Plants/Dispensing Facilities 

with Aboveground Tanks 

Addition to the Certification of the Hirt Model VCS-200 Phase II Vapor Recovexy 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 at the 

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 of the 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 • 250.67 
310 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 

or more of the following in the Commonwealth of Massachusetts 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. If the Department verifies a violation of the 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 ·of gasoline 

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 of compliance 

with the requirements of310 CMR 7.24(7). Such compliance testing shall include but 

not be limited to: 

a. detelllliDation of the oxygenate content by weight of gasoline; 

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 of each delivery of such 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 of every 1,000,000 gallons of oxygenated 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 of gasoline 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 of gasoline shall determine 

the mass concentration of each oxygenate in the sa,mple by one of the 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 of Guidelines for 

Oxygenated Gasoline Credit Programs as amended. 

310 CMR- 250.68