310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.00: continued 

1/2/15 

DEFINITIONS 

ABOVEGROUND STORAGE TANK or AST. as used in 310 C:MR 7.24(3) and(()), means a 

motor vehicle fuel storage tank that is intended for fixed installations, without backfill, that is 

located above or below grade. · 

T means the Federal Clean Air Act, 42 U.S.C. 7401 et seq. 

discharges air 

contaminants into ambient air. This can be calculated on a daily, wee y, monthly, ozone 

season, 12-month roll calendar year basis or other time period determined by the 

requirements of the appli le regulation(s). Actual emissions sh e calculated using the 

unit's actual operating hours, oduction rates, and types of mat als processed, stored, or 

combusted during the selected · e period including the e iency of pollution control 

equipment, if present. 

ADD-ON PART as used in 310 CMR 7. 

part or a replacement part. 

ADEQUATELY WET means fixing or coatin 

been added, or with a remover-encapsulant, so 

emissions. 

arket part which is not a modified 

· water. or water to which a surfactant has 

to prevent a friable condition and visible 

ADHESION PRQMQTER means a coa · designed t acilitate the bonding of a primer or 

topcoat on surfaces such as trim mol · gs, door locks, d door sills, where sanding is 

impracticable, and on plastic parts and e edges of sanded 

APMINISIRA TOR means the 

his designee. 

AEROSOL means a syste 

""""~""""""""'~~""""'Y'" for the purposes of 310 CMR 7.16 means any empl 

oyees are commuters, or any educational facility at whic 

ru:..!..!l~10.!~~TLPDAR~TJ.. as used in 310 CMR 7.40 means any part of a motor vehicle e ss1on 

sold for installation on a vehicle after the original retail sale of the vehic . 

"-"-"~"'T"...,...TURE""'"""~(forthe purpose of310 CMR 7.07) means those practices involved with e 

cultiv ·on of soil for purposes of crop production and/or the raising of livestock when sue 

cro are produced primarily for commercial foodstuffs and such livestock are raised primarily 

fo commercial foodstuffs or work prirposes. · 

310 CMR-171 
DEFINITI 

1/2/15 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

'P!'~a.:.o'-l.A~:!!.!.:l£!.l..!...!.means any substance or man-made physical phenomenon in the ambient 

space and includes, but is not limited to, dust, flyash, gas, fume, mist, odor, smoke, vapor, 

p lien, microorganism, radioactive material, radiation, heat. sound, any combination thereof, ot 

an decay or reaction product thereof. 

~......_-"G!.¥~0¥U means the presence in the ambient air space of one or more air contanj6.ru1Ilis 

· ons ther~f in such concentrations and of such duration as to: 

""""""'-""""""-~......,""'"""""""'~....,.,_N""'" means any physical change or change in them od of operation 

(including modificatio r reconfiguration of an emissions unit, change in th raw material used 

or change in the operatin rate) which would result in an increase in po · al emissions or an 

increase in ambient air im cts (i.e., reduced stack height). 

ALTERNATIVE FUEL me any fuel designated as such on an 

Department, including metharl I, denatured ethanol, and other ale ols; miXtures containing 

85% or more by volume of me o~ denatured ethanol, and oth alcohols with gasoline or 

other fuels; natural gas; liquified troleum gas; hydrogen, coal-d ved liquid fuels; fuels (other 

than aicohol) derived from biolo ·cal materials; electricity (' eluding electricity from solar 

energy); and any other fuel that the epiutment determines is ubstantially not petroleum. 

AMBIENT AIR SPACE means the unconfine s ace occupied by the atmosphere above the 

geographical area of the District which includes e air outside a facility or structure. 

ANTI-GLARE SAFETY COATING means low loss coating formulated to eliminate glare 

for safety purposes on interior surfaces of ehicle, · specified under the U.S. Department of 

Transportation Motor Vehicle Safety S · <lardS. 

APPLICABLE REQUIREMENT for e purposes of 3 CMR 7 .02(12) means any emission 

limitation, standard, term, con:diti or other require ent provided for in a Department . 

regulation, a plan approval, an mission control plan r other document issued by. the 

Department pursuantto 310 C 7.00. 

APPLICATIQN AREA m any area where a coating is app including but not limited to 

application, by dipping, ro · g, spraying or flowcoating techniqu 

all asbestiform varieties of the mineral family call 

serpentinite (c sotile), riebeckite (c~ocidolite), cummingtonited actinolite- tremolite. 

"-"""""'"*~"--"'~-'-"-'--."'-""-''-""-'..,....=-==-= means friable asbestos and any mate 

1% or m e asbestos by area as determined by a laboratory using USEP A approv methods. 

includes but is not limited to sprayed-on and troweled-onmaterials applied to eilings, 

wall , and ceilings, walls, and other surfaces, insulation on pipes, boilers, tanks, ducts, an ther 

. pment, structural and non-structUral members, tiles, shingles or asbestos-containing pa r. 

310 CMR -172 

l 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2115 

.._,~<>U.~"-""~......._,~,.......,"--"'-'-'"""""..._.~........,,...Rl,..AL~ means any friable asbestos-containing 

rna .rial removed during a demolition/renovation project and anything contaminated in the 

cour of a demolition/renovation project including asbestos waste from control devices, bag 

or co · ers that previously contained asbestos, contaminated clothing, materials used. 

enclose e work area during the demolition/renovation operation, and demolition/renovati n 

debris. 

a dark-brown to black cementitious material (solid~ semi-solid, or li d) in 

· ting constituents are bitumens which occur in nature as such, or w. · ch are 

e in refining petroleum. · 

£::6!'""'-!:~!.I.Y.!.~!.!....,O£!~ means any area determined by the Administrator as one which the 

ambient air concentr ion for a criteria pollutant does not exceed a primary r a seccindary 

National Ambient Air . uality Standard. 

AUTOMOBILE means a . otor vehicle capable of carrying no more 

AUTOMOTIVE SURFACE COATING me 

bodies and front end sheet metal (hood and fe ders 

fewer passengers or light duty vehicles rate t 8500 

of such vehicles. 

IllY means British thermal unit, the 

pound of water from 39°F to 40°F. 

BAK.ERY means a facility consis 

leavened products. · · 

· c parts used in the 

in the manufacture or repair of 

coating at automobile assembly plants of 

fpassetiger cars capable ofseating.l2 or 

unds grossweight or less or derivatives 

to raise the temperature of one 

BASE DATE means the dat on which the base number of single occup t commuter vehicles 

at a particular employmen facility or educational institution must be det 

~~~~~~~~~~~~~~~~~ CHN LOGY means an emission limi tion based on the 

maximum degree of r uction of any regulated air contaminant emitted from r which results 

from any regulated ility which the Department, on a case-by-case basis · into account 

energy, environm tal, and economic impacts and other costs, determines is achie lefor such 

facility through pplication of production processes and available methods, ems and 

techniques fo control of each such contaminant The best available control t hnology 

determinatio shall not allow emissions in excess of any emission standard establish under 

the New urce Performance Standards, National Emission Standards for Hazardo Air 

Pollutan or under any other applicable section of 310 CMR 7 .00, and may include a de · 

feature equipment specification, work practice, operating standard, or combination thereof. 

~~~~~O'""L~G.!..Y.1.. means the use of cellular and molecular processes from living systems to 

alee or assist in making products. 

310 CMR-173 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINTI10NS: continued 

1/2/15 

means a rubber-covered cylinder that receives the printed imagezom the ate 

d transfers the image to the substrate. . 

P LITAN PLANNIN OR TION organization 

designated for.m · taining a continuing, cooperative, and comprehensive C) transportation . . Section 5303 of the 

BUBBLE means an alternative emissi control ategy where several emission points are 

regarded as being placed under an h llietical dome ·chis then regarded as a single emission 

source. Sources under a bubble reallocate emission ecreases and increases so long as the 

requi!ements of310 CMR 7.0 are met. Bubbles need no be confined to a single facility or 

source site. · · 

BULK PLANT me y organic material storage and/or distribu 

daily throughput ( o of the total throughput on a rolling 3 0 day time · od) of greater than or 

equal to 4,000 t less than 20,000 gallons of organic material having 

greater than . psia under actual storage conditions. 

"'"""'-'="'"'P-"""'"'~~AL~ means any organic material storage and/or distribution fa · 'ty with an 

aver e daily throughput (1/30 of the total throughput on a rolling 30 day time perio f greater 

20,000 gallons of organic material having a true vapor pressure greater than 1.5 ps1 der 

tua1 storage conditions. 

BUSINESS DAY, as used in 310 CMR 7.24(3) and 310 CMR 7.24(6), means a day of the week 

that the Department is open for business. 

CALIFORNIA AIR RESOURCES BOARD (or CALIFORNIA ARB or CARB) means the 

California state agency established and empowered to regulate sources of air pollution in 

California, including motor vehicles, pursuant to California Health and Safety Code Sections 

39500 et seq. 

EFFICIENCY means the ability of a building, enclosure or .syStem to capture · 

con · ants within the building, enclosure or system before the air contaminants are · cted . 

to an afr p ution control device. Capture efficiency is determined in accordan 'th EPA 

Reference Te eth.od Number 204, as specified in 40 CFR Part 51: Appen , or by other 

methods approved e Department and EPA. 

310 CMR-174 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2/15 

a coating which lacks color and opacity or is trans 

base or undertone color. 

COATiNG means a rna 'al applied onto, or impregnated into, substrate for protective, 

decorative, or functional p oses. Such materials include, b are· not limited to, paints, 

varnishes, seruants, adhesives d temporary protective coa . s. 

COATING LINE(S) means one or re apparatuses oro . erations which apply, convey and dry 

a surface coating comprised of includ' but not limit to the coating applicator (knife coating, 

roll coating, spray booths, flow coaters, 'pping), nveyors, flashoff areas, air dryers, drying 

ovens and curing ovens. A coating line i iaered to convey, apply and dry one or more 

layers of surface coating including but not · d to base coat, single coat, prime coat, and top 

coat. 

CO N TURBINE means any bustion turbine, including the 

duct burner portion thereo , in which heat is recovered from the e ust gases to heat water or 

generate steam. 

all equipment, including, but not · 

ytic incinerators, flares; boilers, and process heaters used 

~'-"ll.!¥'~~.u.-""""'~"'"""~~~~ means a measure of the completeness of co ustion, 

expr sed as a percent, determined by the measurement of carbon dioxide (CO:J and bon 

m oxide (CO) in flue gas in accordance with the followitig formula: C.E. = [CO/(CO + C 

00. 

COMMENCE OPERATIONS, as used in 310 CMR. 7.24(3) and (6), means that point, after a 

Stage I or Stage II system has been installed or has undergone a substantial modification, when 

motor vehicle fuel is first dispensed for sale or use from a motor vehicle fuel dispensing facility 

or tank truck for the purpose said facility or tank truck is intended. 

R IALPARKINGSPACE means,forthepurposesof310CMR 7.30, parkingspaces 

or a fee, excluding employee parking spaces. 

COMMUTER means any e ee or student during his or JOurney to or from work or 

classes and whose automobile 1 • ed to be used in the course of 

employment or classes. 

~~~~~ for the purpose of 310 CMR 7.18(19) means a piece of equipmen · eluding 

butn ·ted to pumps, valves, compressors, and pressure. relief valves, which has the po tial 

eaic volatile organic compounds. 

310 CMR, 175 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFJNITIONS: continued 

1/2/15 

"""'"'-'-"~P"'A'-"'TE""'-'=' f~r the purposes of31 0 CMR 7.24, means hydrocarbon liquids itrated from . 

which condenses due to changes in the temperature and/or press e and remains 

dard conditions. 

CONPENSOR me a 'device which cools a gas stream to a te perature which removes 

specific organic com ounds by condensation. 

CONSOLIDATEDP T asusedin310CMR 7.40meansap 

a group of original equip ent parts . 

.,.C""O,...NT.,_._._,......,~~-=~'-'-'~~~......,_¥~ means a system designed to remediate soil 

(VOC) tln'ough stripping of the VOC from the 

constructed into the contaminated soil area. 

~~!..D.!l!!.Y.:!a.l.!.i<!L,!,~&W~:LU~C->L~~!\does not include the venting of landfills. 

CONIINUOUS COMPLIANCE means 

7.00 at all times. 

CQOLINGTOWERasused · 310CMR 7.02(2)(g)6.means, openwaterrecirculationdevice 

that uses fans or natural to draw or force ambient air throu the device to cool warm water 

by direct contact. 

eans ozone (03) , PMl 0, 

d as sulfur dioxide (802), nitrogen dioxide 02) , volatile organic 

non-methane hydrocarbons, carbon monoxide ( ) or lead (Pb ), or any 

t for which national ambient air quality standards h ¥e been adopted. · 

ACK ASPHALT means aSphalt cement which has been liquefied by blending 

oleum solvent ( diluents) such that the blend contains greater than seven per cent by wei · t 

such petroleum solvents. Upon exposure to atmospheric conditions the diluents evaporate 

leaving the asphalt cement to perform its function. 

310 CMR - 176 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFJNITIONS: continued 

1/2/15 

lNDER means any one of several components of a printing press used to transfer prin 

es or guide paper through the press including but not limited to intermediate, bl 

impr sion, plate and sheet transfer cylmders. 

DEPARTMENT · ans the Department of Environmental Protection ursuant to St. 1989 

c. 240, §§ 101, " ... th department of environmental quality enginee · shall be known as the 

department of enviro ental protection"). 

DISTRJCT means the Be tts (CMAPCD), Merrimack 

Valley (MV APCD), Metr olitan Boston (MBAPCD), Pi eer Valley (PV APCD), and 

Southeastern Massachusetts CD) Air Pollution Con 1 Districts. 

DRY BOTTOM means a furnac design in which the oal-fired unit equipped with an ash 

~disposal hopper bottom with suffic1 t cooling surface that the ash particles impinging on the 

furnace walls or hopper bottom can removed in a state. 

DUAL-POINT STAGE I SYSTEM as ed in 0 CMR 7.24(3), means a type of Stage I 

system in which the storage tank is equipp wi an entry port for a motor vehicle fuel fill pipe 

and a separate exit port for a vapor connect 

DUCT BURNER means a device that co 

another source, such as a stationary gas 

the firing of additional fuel to heat 

recovery steam generating unit. 

mJSI means finely divided sor 

SPRAY APPLICATION means the application of charge 

ereby enhancing deposition by electrostatic attraction of the paint to 

......,.""""'~__,""'"''---"'""'""'~""""'......,."-"""'""'..,.,.'-'-"-"-"'""""'-'-"'""'""'....,.........,..,0""-'.N means any operatio that was 

not lanned but results from a sudden unexpected event which req · the 

olition/renovation of a structurally soimd or unsound facility or facility component. 

includes operations necessitated by non-routine failures of equipment. 

EMERGENCY MOTOR VEHICLE as used in 310 CMR 7.24(6) means any publicly or 

privately-owned motor vehicle used for the restoration or maintenance of electricity, gas, 

telephone, or other utilities essential to maintain public services during an emergency situation; 

. any publicly-owned motor vehicle operated by a peace officer in. performance of their duties; any 

. authorized emergency motor vehicle used for fighting fires or responding to emergency fire 

calls; any publicly-owned authorized emergency motor vehicle used by an emergency medical 

technician or paramedic; any publicly or privately-owned motor vehicle under contract for snow 

removal; any publicly or privately-owned motor vehicle used for towing or servicing other 

emergency motor vehicles; or any ambulance used by a private entity under contract with a 

public agency. 

310 CMR-177 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2/15 

EMERGENCY SITUATION as used in 310 CMR 7.i4(6), means a situation in which a local, 

state, or federal official bas ~eclared a "state of emergency," or during fire fighting activities. 

as used in 310 CMR 7.40 means any publicly· 

operated by a eace officer in performance of their duties, any authorized em 

used for fightin fires or responding to emergency fire calls, any publicly 

emergency vehic used by an emergency medical technician or paramedic, r used for towing 

or servicing other hicles, or repairing damaged lighting or electrical e 'pment, anY motor 

·vehicle of mosquito atement, vector control, or pest abatement agenc · s and used ·for those 

purposes, or any amb ce used by a private entity under contract wi a public agency. 

ge or release of an air contaminant to e ambient air space. 

~~~~~~~"'""'"~~roL~S means those permanent stic rs affixed to all 1995 and 

. subsequent model year passeng cars and light duty trucks, ce ed for sale in California, in 

accordance with Tide 13 CCR 65 as amended July 12, 19 , and incorporated herein by 

reference, and "California Motor 'Yehicle Emission Contr Label Specifications" as last 

amended July 12, 1991. · 

EMISSION CONTROL WAIVER means an e 

7.40 granted by the Massachusetts Registry ofM 

regulations promulgated thereunder. 

EMISSION STATEMENT_ is ace · ation submitted by owner or operator of afacilitythat 

describes the actual annual emissi of VOC and/or NO om the facility as well as-the 

average Ozone Season daily emis Ions from the facility. 

EMISSION tJNrr means any · dividrial piece of equipment from · ch any air contaminant is 

emitted to the ambient air SP. ce; for example, an individual boiler, a ingle degreaser, etc. 

b!A!.~~~,_,......_~~'.fE-~~'"'-l..o!....,.,""""-'~UIP~"""""MENT~...,_._means a syste designed to limit the 

ts into the ambient air by collecting emissio from a facility or 

emission unit, before ey are emitted to the ambient air, and controlling t ese emissions by 

reducing ore· · g the mass of the air contaminants contained in thee · sions. Control 

methods include, tare not limited to, oxidation, filtration, scrubbing, condensa ·on, absorption 

and adsorption. 

EMPL YE G SPACES means for the purposes of 310 CMR 7 .30, parking sp ces 

d for use by employees of MASSPORT and employees of tenants at Logan Airpo 

"7'-""""""-""-YE"'" ~R means any person or entity who employs 250 or more daytime employ; 

ommuters at any time during a calendar year at any employment facility, or any educational 

pnstitution with 1000 or more commuters. 

310 CMR-178 
310 C.MR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2/15 

OYMENT FACILITY means any facility or group of facilities of the same empl 

which 'thin walking distance of each other at which 250 or more persons are co 

means the United States Environmental Protection Agency. 

EXECUTIVE ORDER. as used in 310 CMR 7.24(3) and (6), means a certification document, 

including but not limited to, applicable exhibits, installation, operation and .maintenance 

manuals, manufacturer guidance documents and manufacturer advisory correspondence or mail 

outs, as issued or approved byCARB, in accordance with the applicable certification procedures . 

(17 of the California Code of Regulations, section 94011, as amended April12, 1996)and 

adopted by the Department in 310 CMR 7.24(3) and (6). 

~~~""-"'~~.!..o!.!..l.S!!o.~R~O~F means a storage vessel cover in an ope op tank consisting 

of a double deck or pontoo ingle deck which rests upon and is sup~ ed by the petroleum 

liquid being contained and is · close the space betWeen 

the roof edge and tank shell. 

~>..!..!:~~c.!..!~~~!Dd~~~~~>L means coatings esigried for exposure to harsh or 

extreme environmental conditions, etermined by the Dep ent, including but not limited 

to constant weather exposure, de gents, temperatures consist tly above 203°1; (95°C), or 

corrosive atmospheres. . 

._F""""'""""'""""'""""....._~"""""'¥'"'-"""'""'means the coating of a textile substrate t · 

such as strength, stability, water or acid repellenc 

FACE FIRING eans a furnace firing design in which the burners are mount d in an array on 

one or more rtical walls including 

o osed firing, where the burners are mounted on two opposite walls; an 

mgle-wall firing, where the burners are mounted on only one wall. 

· .Ay means any installation or establishment and associated equipment, located on 

s e, adjacent or contiguous property, capable of emissions; and for the purpose of310 CMR 

.15, it means any structure, installation, building, equipment, or ship. 

310 CMR-179 
I 

/ 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

112/15 

FEDE Y ENFOR EABLE means all limitations and conditions which are enft rceable by 

the Admini tor, including but not limited to, those requirements develope pursuant to 

40 CFR Part (New Source Performance Standards), 40 CFR Part 61 (Nati Emission 

Standards for H dous Air Pollutants), 40 CFR Part 63 (National Emissio Standards for 

Hazardous Air Pol · ts for Source Catergories), 40 CFR Parts 72 throu 80 (Acid Rain 

Program) and require ents within the Massachusetts State Implementati · Plan. Federally 

enforceable requirement also include those requirements in operating rmits issued either 

pursuant to 40 CFRpart 7 or under 310 CMR 7.00: Appendix C, (exce t those listed as state 

enforceable only) any permi requirements established pursuant to 40 FR 52.21 (Prevention 

of significant deterioration of . · quality), under plan approval require ents in either 310 CMR 

7.02 or ,310 CMR 7.00: Appen A. Fedei'ally enforceable limitati and conditions can also 

be contained in either a permit re · ction issued under 310 CMR 7 2(9), 7.02(1 0), 7 .02(11) or 

equipment installed under 310 C 7.03, that has been made derally enforceable after the 

EPA has approved 310 CMR 7.02 7.03 into the Massach ttsSIP. 

FEDERAL POTENTIAL TO EMIT 

maximum capacity of a stationary sourc to emit a regul ed pollutant under its physical and 

operational design. Any physical or opera nallimitati on the capacity of the source to emit 

a regulated pollutarit, including air polluti control quipment and restriction oil hours of 

operation or on the type or amount of materi comb ed, stored, or processed, shan be treated 

as part of its design only if the limitation or effi ct it would have on emissions is federally 

. enforceable. To be federally enforceable, a · tiOil on any facility's capacity to emit a 

pollutant shall include testing, monitoring, d recordkeeping procedures sufficient to 

demonstrate compliance with the limitations. ples of permit or SIP limitations generally 

considered federally enforceable are limitati o the allowable capacity of the equipment, 

requirements for the installation, operation d m · tenance of pollution control equipment, 

limits on hours of operation, and restricti on am ts of materials combusted, stored, or 

produced. To be federally enforceable, re · ctions on o ration, production, or emissions must 

be stated in terms ·of the shortest aver · g time that c be used as a practical matter, e.g., 

pounds per hour, or gallons per hour and they must be .. ed to other enforceable operating 

restrictions at the source. General · 'tations on potential emit, such as· yearly limits (e.g., 

in tons per year), by themselves, not considered federally nforceable. The use of hourly, 

daily, weekly, or monthly rollin · 'ts are generally accepta e. Any federally enforceable 

limitations or conditions mus be enforceable a.S a practiCal atter, ensure continuous 

compliance with the restrictio , and include adequate testing, mo 'toring, and record keeping 

procedures sufficient to de onstrate compliance with the limita · ons or conditions of an 

applicable federally enfor · ble document described above. Fugitiv emissions, to the extent 

. quantifiable, are included determining the potential to emit of a statio ary source. Secondary 

emissions do not count · determining the potential to emit of a station 

~......,""'""""'-""-"""'-"'-'=7~"-"'-'~""R....._Y means a vertical cylindrical furnace ing pig iron, scrap 

iron, scrap steel and ke as charging components. Ferrous Cupola Foundri can be separated 

into "Jobbing" Fo dries and "Production" foundries. Jobbing foundries run termittently for 

just long enough tone time to pour the molds that are ready on the foundry f1 or on a job-byjob basis. Prod ·on foundries will melt metal continuously and pour to a succe ion of molds 

that are cons tly being prepared to receive the flow of molten iton. 

~'-""'""""'~"-'-'='-'-'"""""""""'""""~""""'"" means a material applied to a textile substrate to enhance the 

extile's performance or appearance. 

310 CMR-180 

\ 

\ 
310 C:MR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

2/15/13 

DESIGN CAPACITY means the rated design capacity, operatin or 

produc ate of an emission unit as determined by the manufacturer o unit or other 

method approv the Department. 

TURESURFACECOATINGmeansthecoatingofanyme whichwill 

embled with other metal, wood, fabric, plastic, or glass parts to form a furniture · 

MINOR MODIFICATION means, for the purposes of310 CMR 7.24(6), the re-installation, 

repair or replacement of one or more Stage II System components that is not substantial, 

including, but not limited to: less than 50% of the motor vehicle fuel dispensers (e.g., one of fqur 

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

system; bill flo'at extractor valve housings; dispenser mounted vapor pumps; or "screw-on" spill 

or dry break buckets. If the re-installation, repair or replacement of Stage 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. 

SCELLANEOUS METAL PARTS AND PRODUCTS means farm machinery (harvestin 

fe 'zing, anci plant machines, tractors, combines, lawn mowers, rototillers, etc); ill 

appli es; commercial and office equipment (computers and auxiliary equipment, type · ters, 

calculate vending machines, etc.); fabricated metal products (metal doors, fr s, etc.); 

industrial chinery (pumps, compressors, conveyor components, fans, blowers, forrilers, 

etc.); and an other metal parts or products which are coated under Stan d Industrial 

Classification C es of Major Groups 33, 34, 35, 36, 37, 38, and 39. The e of autobody 

anti-chip coatings underbody plastisols in automobile and light-duty ck surface coating 

is considered coating o · scellaneous parts and products. This definition oes not include metal 

cans, flat metal sheets, an strips in the form of rolls or coils; magnet · e for use in electrical 

machinery; metal furniture; ge appliances; automobile and li duty trucks, automobile 

refinishing; exterior coating o sembled entire aircraft or as mbled entire metal marine 

vessels; or customized topcoating automobiles and trucks if production is less than 35 

vehicles per day: 

MIST means any liquid aerosol formed by 

liquids. 

MOBILE EQUIPMENT means, for the purpos of 0 CMR 7. 18(28), any equipment that is 

physically capable of being driven or dra upon a · way including but not limited to 

construction vehicles (such as mobile es, bulldo and concrete mixers); farming 

equipment (such as tractors and plows); uling equipment (s has truck trailers, utility bodies 

and camper shells) and miscellaneous uipment (such as stree weepers and golf carts). 

MODEL YEAR means amotorv · cle manufacturer's annual produ ·on period which includes 

January 1st of a calendar y r, if the manufacturer has no ann reduction period, the 

calendar year. In the case any vehicle manufactured in two or mo stages, the time of 

manufacture shall be the te of completion of the chassis. · 

MODIFIED PART s used in 310 CMR 7.40 means any aftermarket part in ten ed to replace 

an original equi ent emissions related part and which is not functionally ide ·cal to the 

original equi ent part in all respects which in any way affect emissions, exc ding a 

consolida part. 

MO TOR (for the purpose of 310 CMR 7.18(19)) means to measure volatile org 

mpound concentration by the appropriate EPA reference method. 

310 CMR-186.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECUON 

DEFINITIONS: continued 

112/15 

MONTHi y THROUGHPUT means the total volume of motor vehicle fuel that is loaded into, 

1 or dispensed from, all niotor vehicle fuel storage tanks at a motor vehicle fuel dispensing facility 

during a month. Monthlythroughput is calculated by summing the volume of motor vehicle fuel 

loaded into, or dispensed from, all motor vehicle fuel storage tanks at a motor vehicle fuel 

dispensing facility during the current day, plus the total volume of motor vehicle fuel loaded 

into, or dispensed from, all motor vehicle fuel storage tanks at a motor vehicle fuel dispensing 

facility during the previous 364 days, and then dividing that sum by 12. 

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 Pressilre 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. 

MOTOR VEHICLE FUEL DISPENSING FACILITY means any facility where motor vehicle 

fuel is dispensed into motor vehicle fuel storage tanks, motor vehicle fuel-powered equipment, 

or portable containers from a storage· tank with a capacity of250 gallons or more . . 

310 CMR -186.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINTilONS: continued 

7/1/94 

GERATED CHll..LER means a device which is mopnted above the water jacket and 

timary condenser coils, consisting · of secondary coils which carry a refrigerant to provide 

a c ed air blanket above the solvent vapor to reduce emissions from the degreaser bath. 

The c · ed air blanket temperature measured at the centroid of the degreaser at the colde 

be no. greater than 30% of the solvents boiling point measured in °F. 

s any animal, vegetable, or mineral, solid, liquid, or gaseous waste 

· s not limited to, rubbish, garbage, ashes, construction waste, industrial 

te, demolition waste, agricultural waste, abandoned vehicles, 

arded material. It does not include hazardous waste. 

CYCLE COMBUSTION TURBINE means any stationary 

turbine which reco s heat from the combustion turbine exhaust gases to preh 

combustion air to th combustion turbine. 

REGIS1RAR means th Registrar of the Registry of Motor Vehicles. 

REGISTRY means the R 

REGULATED POLLUT means any air contaminant regulated 

Air Act, 42 U.S.C. sections 7 1 et seq., excluding pollutants regula 

§ 112. 

REGULA TED RECYCLABLE TERIAL means any recyc e material which either 

(a) h3s a characteristic do;;M.d,,yvu. in 310 CMR 30.120 thr ugh 30.125, or 

cb) is listed or otherwise de in 310 CMR 30.13 ough 30.136, or 

(c) has been determined by ili Department to be hazardous waste pl.irsuant to . 

310 CMR 30.144. 

REID VAPOR PRESSURE is a standar 

pounds per square inch absolute at l00°F 

of the vapor pressure of a liquid in 

ed by ASTM Method 0323. 

REMOTE PARKING SPACES means any par · g space (whether or not defined as a "motor 

vehicle parking space" for the purpose of 3 · 7 .00) which serves end uses outside of 

a parking freeze area including, but not · 'ted , parking for airport use, for Downtown 

Boston parking, and for remote employ, parking. · 

king spaces m 

renta1/leased passenger motor ve cles at a facility own 

vehicle rental company. 

s off-street parking spaces for 

operated and/or leased by a motor 

REP AIR (for the purpo 

compound concentrati 

of 310 CMR 7.18(19)) means reduce the volatile organic 

of a leaking component to below ,000 ppmv as shown by 

monitoring. 

=::=:~=~.:...:...~PAR~~T as used in 310 CMR 7.40 means any et part which is 

intended to lace an original equipment emissions-related part and whl is functionally 

identical the original equipment part in all respects which in any way 

(inclu · g durability), or a consolidated part 

OWERING means the replacement of an emission unit with a new unit that · s less 

uting and more efficient than the unit which is being replaced. 

310 CMR- 193 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2/15 

. 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 president, secretary, treasurer, or a 

vice-president of the corporation in charge·ofa principal business functionwho has been du1y 

authorized to bind th,e corporation pursuant to a corpora~ vote, or an employee of the 

corporation who. has been du1y authorized to bind the corporation pursuant to a corporate 

vote. · 

(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. 

(e) a trust - a trustee or any other natural person authorized: 

1. to ·enter into contracts regarding the trust property; 

2. to bind the trust; or 

3. to encumber or dispose of the trust property. 

(f) a limited liability company- a person authorized pursuant to M.Q.L. c. 156C, § 24 and 

the limited liability company's operating agreement to bind the company and all the 

members. 

RICH BURN ENGINE me 

not a lean bum engine. 

ROLL COATING means the application 

steel rolls. 

ROLLER PRINTING m 

~~~"'--!.1.~""""~~U..!.:u::.!.means the application of a decorative p 

pictures to ate · e substrate by means of a cylindrical, metal sc~een. 

~u..:!,~~>..!...!.~~P.A:RINTIN>.Y.J.AJ.~~G~ means the application of words, designs and pic s to a· 

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

in the form of cells. 

ROUTINE MAINTENANCE means, for the purposes of 310 CMR 7.24(6), the regu1ar reinstallation, repair or replacement of one or more Stage II System components includirig, but not 

limited to: hoses; nozzles; breakaways; swivel~; 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. 

~"""""· ~E=R means a coating formu1ated and applied to prevent subsequent coatings from b · 

absorbe · e substrate, or to prevent harm to subsequent coatings b s in the 

310 CMR-194 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1/2/15 

emissions from motor vehicles, ships or trains going to or from the major stationaiY. 

s urce/facility, and · 

- e · ssions from any offsite support facility which would not otherwise be constructe 

e its emissions as a result of the construction or operation of the major stati 

acility or major modification. 

~~~"'""'"'-'means the Secretary of Transportation and Construction. 

~..._..~""-'"-'-"~~""-'-"--"'T......:.AIN"""'"means a coating which is formulated to 'change 

substrate but not c nceal the substrate. 

SHEET-FED means 

individual sheets. 

bustion turbine which 

· SlNGLE COAT means a sin film of coating applied directly o the substrate omitting any 

primer application. 

tor-powered vehicle with four or 

more wheels with capacity for a drive Ius one or more pas gers which is used by a commuter 

traveling alone to and/ or from work or lasses and is not ustomarily required to be used in the 

course of his employment, or studies. 

SlNGLE-STAGE TOPCOAT means a top 

SMALLER EMPLOYERS means any perso 

employee commuters who are located within 

distance of each other. 

.s.QM. means cleimsing agents made 

18 carbon atoms. 

entity who employs between 50. and 250 

dustrial or office park and are within walking 

fly ash, resulting from combustion of 

ts of fatty acids having from ten to 

SOLIDS as usedin310 CMR7.1 meansthevolume(ing ns) of solid material ina coating, 

ink, or other organic material as etermined by EPA Test Me od 24:40 CFR 60: Appendix A 

(volume of coating minus v lume· of carrier such as ph ochemically reactive and or 

non-photochemically reactiv solvents and water) or as provide by the coating manufacturer. 

ce that is used to dissolve or dilute other substance; this term 

includes, but is not limi d to dissolvers, viscosity reducers, degr asing agents or cleaning 

agents. 

~""-'-'-~ means the phenomenon of alternative increases and decreases in the pressure o the 

a osphere, caused by radiations having a frequency range of from 20 to 20,000 cycles 

econd, that elicits a physiologic response by the human sense of hearing. 

310 CMR-195 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: . continued 

112/15 

SPECIALTY COATING means a oduct which is n ssary due to unusual job perfonnance 

requirements. These coatings o dditives include, but ot limited to, adhesion promoters, · 

uniform finish blenders, elas meric materials, impact resi t coatings, underbody coatings, 

weld through primers, glo flatteners, bright metal trim repair, · 

H FILLING means the filling of a tank truck or stationary tank through a pi r hose 

ose discharge opening is above the surface level of the liquid in the tank being filled. 

STAGE I CARB ENHANCED VAPOR RECOVERY (EVR) COMPONENT or EVR 

COMPONENT, as used in 310 CMR 7.24(3), means a component identified in any of the 

Executive0rderslistedin310 CMR 7.24(3)(c)l.: Table 1. and310 CMR 7.21(3)(c)l.: Tab/e2. 

STAGE I CARB ENHANCED VAPOR RECOVERY (EVR) SYSTEM, as used in 310 CMR. 

7 .24(3), means a vapor balance system certified by CARB pursuant to a Phase I Executive Order 

to prevent discharge to the atmosphere of at least 98% by weight of vapors displaced during the 

transfer of motor vehicle fuel from a tank truck to a motor vehicle fuel storage tank. 

STAGE I COMPONENT ENHANCED VAPOR RECOVERY (EVR) SYSTEM, as used in 

310 CMR 7.24(3), means: 

(a) for an underground storage tank, a vapor balance system constructed from components 

identified in any one of the Phase I Executive Orders listed in 310 CMR 7.24(3)(c).l.: 

Table 1., inCluding, but not be limited to, the following components: spill containment 

buckets, drain valves, dust caps, rotatable product adaptors, riser adaptors, drop tubes, 

rotatable vapor adaptors, tank gauge ports, and pressure/vacuum vent valves; and 

(b) for aboveground storage tanks, a vapor balance system constructed.from componeri.ts 

identified in any of the Phase I Executive Or~ers and applicable Stapding Loss Control 

Executive Orders listed in 310 CMR 7 .24(3)( c ).1.: Table 2. 

STAGEIM1NORMODIFICATION,asusedin310CMR7.24(3),meanstheinstallation,repair 

or replacement of one or more Stage I system components that is not substantial, including, but 

not limited to, product drop tubes; overfill prevention devices; "screw-on'' spill containment and 

dry break buckets. 

STAGE I NON-ENHANCED VAPOR RECOVERY SYSJEM, as used in 310 CMR 7.24(3), 

means a vapor balance system certified by CARB to prevent discharge to the atmosphere of at 

least 95% by weight of vapors displaced during the transfer of motor vehicle fuel from a tank 

truck to a motor vehicle fuel storage tank. 

310 CMR. - 196 
) 

.310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

112/15 

STAGE I ROUTINE MAINTENANCE, as used in 310 CMR 7.24(3), means the regular 

installation, repair or replacement of one or more Stage I system components, including, but not 

limited to, bucket plow rings; "slip-on" spill conta.Umient and dzy break buckets; "0" rings and 

seals; product adaptors; vapor adaptors; product caps; vapor caps; monitor caps; riser caps; drain 

valves; and pressure/vacuum vent valves. 

STAGE I SUBSTANTIAL MODIFICATION, as used in 310 CMR 7.24(3), means, the 

installation, repair or replacement of one or more Stage I system components requiring 

excavation below a shear valve or tan:k pad including, but not limited to, vent piping; vapor 

space tie bar; dual-point or co-axial Stage I systems; or motor vehicle fuel storage tanks . . 

STAGE I SYSTEM means a Stage I CARB EVR System, a Stage I Component EVR System, 

or a Stage I Non-enhanced vapor recovery system. · 

STAGE II MINOR MODIFICATION means, for the purposes of 310 CMR 7.24(6), the 

re-installation, repair or replacement of one or more Stage II System components that is not 

subs~tial, including, but not limited to, less than 50% of the motor vehicle fuel dispensers (e.g., 

one of four 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 dzy break buckets. If the re-installation, repair or replacement of Stage II 

· System components occurs at a motor vehicle fuel dispensing facility with two ot less 

dispensers, the re-installation, repair or replacement of only one .of the motor vehicle fuel 

dispensers shall. be a Minor Modification. 

STAGE II ROUTINE MAINTENANCE mearis, 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 dzy 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. 

STAGE II SUBSTANTIAL MODIFICATION means, for the purposes of31 0 CMR 7 .24(6), the 

reinstallation, 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 OR VR nozzle system or Healy 600 nozzle 

sistem 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 return 

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. 

STAGE II SYSTEM, as used in 310 CMR 7.24(6), means a vapor recovery gystem identified 

in an Executive Order and specifically designed for the purpose of controlling vapors d · 

direct dispensing of motor vehicle fuel to a motor vehicle. · 

310 CMR.-197 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

......_~......,_...._T means any daytime student who does not live at the educatio 

els to and from classes by any mode of travel. 

lsooMERGED FILLING means the filling of a motor vehicle fuel storage tank throu ipe 

L ;bose discharge opening is entirely subm,erged below the surface level of the liquid in the 

112/15 

CON UC 

"'"""~........,.....,..1E.._. means the surface onto which a ·coating, ink or other material is appli 

a ted. 

~sUL~FUR~~ ~,..L- for the purpose of 310 CMR 7 .05, sulfur in fuel is as fo 

(a) .Qll 

2.2% sulfUr ntent 

1% sulfur cont t 

0.5% sulfur con.te 

(b) Coal 

1.57% sulfur content 

0. 72% sulfur content 

0.36% sulfur content 

1.21 

0.55 

0.28 

pounds.of sulfur per million B eat release potential 

pounds of sulfur per millio tu heat release potential 

pounds of sulfur per · on Btu heat release potential 

..u:J~~..::u...!o.a!~~UYG m~ a furnace firing design where the burners are moun 

ers of the furnace chamber. · 

TANK. TRUCK means a truck or trailer equipped with a storage tank and used for the transport 

of motor vehicle fuel from sources ·of supply to stationary fuel tanks, or to motor vehicle fuel 

tanks. . . . 

310 CMR.-198 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

112/15 

T VEHICLE means an experimental or prototype motor vehicle which appears to have ve 

low · ssion characteristics or a used motor vehicle within which an experimental motorvehi e 

polluti control device is installed, and which has also received a test vehicle or fleet pe · t 

from the lifornia Air Resources Board pursuant to Manufacturers Advisory Correspond 

No. 83-01 . 

A<=,._,_.""""""'-~""¥~-"'G""' means the preparation, decorative enhancement, or 

tura1 or man-made textile substrate. Specific textile finishing 

limited to, textile cle~g ( desizing and sc:Ouring), bleac · . hing. 

~~~~~~~"""'¥<-means a manufactured board that is 0.25 inches or le in thickness, 

od particles that have been coated with a binder and ormed into flat 

""""'"'"""'=""'-'.......,~"'-"",..,.'-""'"""'""""'......,~""-"~Y..._means a coating sprayed o the exterior and interior 

earn to protect the exposed me . 

TIIREE-S ECOATINGSY TE meansatopcoatsystemco posedofacoloredbasecoat, 

a semi-transparent midcoat, and a fin transparent clear.c6at. or compliance purposes, the 

V OC content of three-stage coating sys ms shall. meet the e · sion limitation for topcoats in 

Table 7 .18(28)( c), and is calculated acco · g to the folio · formula: 

Where: 

VOC T3-staae is the weighted average of th V content, as applied, in the basecoat, 

midcoat, and dearcoat system. 

voeoo is the voc content, as applied, of any en basecoat. 

vocmc is the voc content, as applied, of gi en midcoat. 

2VO~cc is twice the VOC content, as app · d, of y given clearcoat. 

TOTAL HALOGENS means the to 

and iodine, as)nea.Sured by a meth 

of fluorine, chlorine, bromine, 

nt. 

TOUCH-UP COATING means coating applied by brush, airb 

can of no more than eight oun s to cover minor surface damage 

h, or non-refillable aerosol 

d imperfections. · 

~C;UA""""'"-...!~P-2=-Ao...!;.TI~O~N~S""'YwS"-'TE~M,... means any mechanical system which i designed to 

provide ven · tion of any air contaminant regulated herein from any public roadw 

covered or therwise enclosed in a tunnel or similar structure. · 

........,,_,.'"""-'......_"""'~"""-'~A~T means a basecoat/clearcoat system composed of a colored b ecoat 

transparent final coat. For compliance purposes, the VOC content ofbasecoat/cle oat 

s ems shall meet the emission limitation for two-stage topcoats in 310 CMR: T. le 

· .18(28)(c), and shall be calculated according to the following formula: 

310 CMR-198.1 
· 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINTI10NS: continued 

112/15 

Where: 

vocbc +. 2 voccc VOC Tbc/cc = _ __...:.;:__ __ __.:.:. 

3 

VOC Tbc/cc · the weighted average of the VOC content, as ajlplied, in the bas 

clearcoat ( cc) em. 

voc;,., is the vo ntent, as applied, of any given basecoat. 

2VOCcc is twice the C content, as applied, of any given c1earco 

UNDERBODY COATING m a coating designed for protec · nand sound deadening that 

is typically applied to the wheel we and underbody of an a mobile. 

UNIFORM FINISH BLENDER means a c a to blend a repaired topcoat into an . 

existing topcoat. 

UNIT TURNAROUND (for the purpose of 31 

for internal inspection and repair. 

oil that is superfluo or abandoned fuel, storage tank 

bottoms, clean-out sludge, sludge m the separation ofunuse · from a non-hazardous waste, 

contaminated oil resulting fro e clean-up of a release of oil, 

not used waste oil. 

any passenger car or light duty truck with more 

""'-"'""""''-?~'-"TE-""'-'O""IL""' means used and/or reprocessed, but not subsequently re-refin waste oil 

served its original intended purpose. Such oil includes, but is not limited to, 

en · e oil, gear oil, cutting oil, transmission fluid, and dielectric flUid. 

VACUUM ASSIST SYSTEM means a Stage IT system utilizing a pump, blower, or other 

vacuum inducing device, to collect and, or, process vapors during the dispensili.g of motor 

vehicle fuel. 

VAPOR means the gaseous state of certain substances that can exist in equilibrium with their 

solid or liquid states UI).der standard conditions. 

V APORBALANCE SYSTEM means a vapor recovery system utilizing direct displacementto 

collect and/or process vapors during the transfer of motor vehicle fuel. 

· VAPOR-MOUNTED SEAL means a primary seal mounted so there is an annular vapor space 

underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the 

tank wall, the liquid surface; and the floating roof. · 

VAPOR-TIGHtmeans equipment that allows no loss of vapors. Compliance with vapor-tight 

requirements can be determined by.checking to ensure that the concentration at a potential leak 

source is not equal to or greater than 1 00% of the Lower Explosive Limit when measured with 

a combustible gas detector, calibrated with propane, at a distance of one inch from the source. 

310 C.MR.-198.2 
310 C.MR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

112/15 

any transfer of organic material takes place. through a submerged fill pipe; an 

·. each loading rack at the bulk terminal is equipped with a loading arm whic as a 

or collection adaptor designed, maintained and operated to force a vapor- ght seal 

een the adaptor and hatch; and, 

ea · loarung rack at the bulk terminal has a means to: 

a event any remaining liquid organic material from draining 

rack i disconnected from the hatch of any tank truck, trailer or 

~ - b. acco lish complete drainage of any remaining or 

loading rae is disconnected from the batch of any 

contrivance; 

c. if loading is ected through means other than a tch, then all loading and vapor 

lines shall be eqw ed with fittings which make apor-tight connections and which 

close automatically hen disconnected. 

(b) CM . .MB. MY. PV. S . Bulk Plants On or er July 1, 1980 no person who owns, 

leases, operates or controls a b lant shall ca e, suffer, allow or permit the transfer into 

any tank truck, trailer or other con ·vance of y organic material with a vapor pressure of 

1.5 psia or greater under actual stora e co tions unless: 

1. the transfer of the organic mat takes place through a submerged fill pipe; and, 

2. any vapor discharged during fer of the organic material is processed by vapor 

balance system. 

(c) ukes Coun N tucket oun 

who owns, leases, operates or ntrols a bulk · t shall cause, suffer, allow or permit the 

transfer into a tank truck, · er or other coiltriv ce of any organic material with a vapor 

pressure of 1.5 psia or gre r under actual storage ditions unless: · 

1. the transfer of organic material takes place ougb a submerged fill pipe; and, 

2. any vapor dis ged during transfer of the orgam aterial is processed by a vapor 

balance syste 

(d) Any person o owns, leases, operates or controls· a facili hich is or becomes subject 

to 31 0 CMR 7 ~(2)( a) through (c), shall only transfer organic rna · al with a vapor pressure . 

of 1.5 psia o greater under actual storage condition i.D.to tank trucks · ch are in compliance 

with 310 7.24(4). 

(e) . An person who owns, leases, operates or controls a facility which is or comes subject 

to 31 .MR. 7.24(2)(a), (b) or (c), shall continue to comply with all requiremen f31 0 CMR 

7.2 2)(a), (b) or (c), respectively, even if the facility no longer meets the ap 'cabilitY 

r uirements of310 CMR 7.24(2)(a), (b) or (c). 

I) 31 0 C.MR 7 .24(2) shall not apply to dispensing of motor vehicle fuel to motor ve · cle 

fueltuiks. · 

(3) Distribution of Motor Vehicle Fuel. 

(a) Ap_plicability. 

1. The requirements of310 C.MR 7.24(3) apply to: 

a Any owner/operator of a motor vehicle fuel dispensing facility; 

b. Any owner/operator of a coinpany that performs Stage I compliance tests 

pursuantto 310 C.MR 7.24(3). 

2. The requirements of31 0 C.MR 7 .24(3) do not apply to: . 

a Stationary motor vehicle fuel storage tanks ofless than 550 gallons· capacity used 

exclusively for Iarm use provided the transfer of motor vehicle fuel only occurs 

through submerged filling; 

b. Transfers made to motor vehicle fuel storage tanks equipped with floating roofs 

that have been approved by the Department purSuant to 310 C.MR 7 .24(1 ); · 

c. Stationary motor vehicle fuel storage tanks with a capacity .of 250 to 1000 

gallons, 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 

motor vehicle fuel storage tank is equipped with: 

i. a submerged fill pipe; and 

ii. a pressure vacuum vent valve; 

310 C.MR - 250.63 
7.24: continued 

310 CMR: DEPARTMENT OF ENVIROM,vffiNT;\L PROTECTION 

d. Stationary motor vehicle fuel storage tanks of greater than 1000 gallons 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 motor· 

vehicle fuel storage tank is equipped with: 

i. a submerged fill pipe; and 

ii. an EVR pressure vacuum vent valve. 

(b) Stage I Requirements. 

1/2/15 

1. No owner/operator of a motor vehicle fuel dispensing facility shall allow the transfer 

of motor vehicle fuel to a storage tank unless the vapors are collected by a Stage I system. 

2. Any owner/operator of a motor vehicle fuel dispensing facility shall: 

a. On or before two years from January 2, 2015, or upon decommissioning a Stage 

II system, whichever occurs sooner, install: 

· i. CARB Enhanced Vapor Recovery (EVR) pressure/vac~um vent valves; and 

ii. CARB EVR rotatable product and vapor adaptors; except that such adaptors 

shall not be required for aboveground storage tanks and motor vehicle fuel 

storage tanks equipped with coaxial Stage I systems. 

b. On or before seven years from January 2, 2015 install: . 

i. A Stage I C~ EVR System in accordance with any one of the Executive 

Orders listed in 310 CMR 7.24(3)(c)l.: Table 1, except in accordance with 

· 310 CMR 7.24(3)(d)4.; or 

ii. A Stage I Component EVR System in accordance with the applicable 

Executive Orders listed in 310 CMR 7.24(3)(c)l.: Table 1. and manufacturers' 

guidance, except in accordance with 310 CMR 7 .24(3)( d)4. 

c. Not install a coaxial Stage I system, except that an existing coaxial system may 

be repaired (including replaced) and maintained withnon-EVR components until the 

motor vehicle fuel tank is replaced. 

3. Any owner/operator of a motor vehicle fuel dispensing facility who installs a Stage I 

system after January 2, 2015 shall install: 

a. A Stage I CARB EVR System in accordance with one of the Executive Orders 

listed in 310 CMR 7.24(3)(c)l.: Table 1; or 

b. A Stage I Component EVR System in accordance with the applicable Executive 

Orders listed in 310 CMR 7.24(3)(c)1.: Table 1. and manufacturers' guidance; 

c. Submerged fill pipes so that the discharge point is entirely submerged when the 

liquid level is six inches above the bottom of the tank; and 

d. A dual-point Stage I system. 

4. Except as provided in 310 CMR 7 .24(3)(b )5., any owner/operator of a motor vehicle 

fuel dispensing facility that has a monthly throughput of 100,000 gallons of motor 

vehicle fuel or more shall install and operate a Stage I system that meets the following 

design criteria: 

. a. - All vapor connections and lines on the· storage tank shall be equipped with 

closures that seal upon disconnect; 

b. The vapor line from the gasoline storage tank to the gasoline cargo tank shall be 

vapor-tight; 

c. The ·vapor balance system shall be designed such that the pressure in the tank 

truck does not exceed 18 inches water pressure or 5.9 inches water vacuum during 

product transfer; 

d. The vapor recovery and product adaptors, and the method of connection with the 

delivery elbow, shall be designed so as to prevent the over-tightening or loosening 

of fittings during normal delivery operations; 

e. If a gauge well separate from the fill tube is used, it shall be provided with a 

submerged drop tube that extends no more than six inches from the bottom of the 

tank; . 

f. Liquid fill connections for all systems shall be equipped with vapor-tight caps. 

g. Pressure/vacuum (P/V) vent-valves shall be installed on the storage tank vent 

pipes. The pressure· specifications for PV vent valves shall be: a positive pressure 

setting of2.5 to 6.0 inches·ofwater and a negative pressure setting of 6.0 to 10.0 

inches of water. The total leak rate of all PV vent valves at an affected facility, 

including connections, shall not exceed 0.17 cubic foot per hour at a pressure of2.0 

inches of water and 0.63 cubic foot per hour at a vacuum of four inches of water; -

310 CMR- 250.64 
7.24: continueg 

310 C:MR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

h. The vapor balance system shall be capable of meeting the static pressure 

performance requirement of the following equation: 

pf = 2e.soo.ss1tv 

Where: . 

Pf = Minimum allowable final pressure, inches of water. 

v · =Total ullage affected by the test, gallons. 

e =Dimensionless constant equal to approximately 2.718. 

2 =The initial pressure, inches water. 

5. NBSHAPS Compliance. 

a. Any owner/operator subject to 310 CMR 7.24(3)(b)4. who chooses, under the 

provisions of 40 CFR Part 63.6(g), to use a vapor balance system other than that 

described in Table 1 to Subpart CC.CCCC of 40 CFR Part 63, and who demonstrates 

to EPA the equivalency of their vapor balance system to that described in 310 CMR 

7.24(3)(c)I.: Table 1 pursuant to 40 CFRPart63.11120(b), shall not be required to 

install and operate a Stage I system that meets the design criteria in 310 CMR 

7 .24(3)(b )4.a. through h. 

b. Any owner/operator subject to 310 CMR 7.24(3)(b)4. who does not meet the 

reqUirements of 40 CFR Part 63 .11118(b )(2) is required to fully comply with all 

applicable requirements in Subpart CCCCCC of 40 CFR Part 63, including 

recordkeeping, testing and monitoring, notification and reporting to EPA. 

(c) CARB EVR Systems. 

1. The ·Department adopts all terms and conditions of the CAR.B EVR System 

Executive Orders listed in 310 CMR. 7.24(3)(c)l.: Table 1. and Table2. 

Table 1. 

CARB Underground Storage Tank Phase I Enhanced Vapor Recovery System Executive Orders 

Executive Order Number Description ' Uate 

VR.-101-N Phil-Tite Phase I Vapor Recovery System June 8, 2013 

VR.-102-0 OPW Phase I Vapor Recovery System October 3, 2014 

VR.-103-G EBW Phase I Vapor Recovery System June3, 2013 

VR.-104-G CNI Manufacturing Phase I Vapor Recovery SysteiJ?. JuneS, 2013 

VR.-105-D EMCO Wheaton Phase I Vapor Recovery System August 27, 2014 

Table2. 

CARB Aboveground Storage Tank Enhanced Vapor Recovery System Executive Orders 

Executive Order Number . Description Date 

VR.-301-F Standing Loss Control of Vapor Recovery Systems for June 3, 2014 

Existing Installations of Aboveground Storage Tanks . 

VR.-302-F Standing Loss Control of Vapor Recovery Systems for June3, 2014 

New Installations of Aboveground Storage Tanks 

VR.-401-D OPW Enhanced Vapor Recovery (EVR) System for May 12,2014 

Above Ground Storage Tanks (AST) 

VR.-402-B Morrison Brothers Phase I Enhanced Vapor Recovery Aprill5, 2013 

(EVR) System for Above Ground Storage Tanks 

(AST) 

G-70-216 Extension of Executive Orders for EJPsting Above March 13, 2014 

Ground Storage Tanks 

1/2/15 310 CMR - 250.65 

I 
310 CMR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

(d) Stage I System Operation. Maintenance and. Record Keeping. 

112/15 

1. Any owner/operator of a motor vehicle fuel dispensing facility shall operate and 

maintain the Stage I system in accordance with the system's applicable Executive Orders 

and manufacturers' guidance. 

2. Any owner/operator of a motor vehicle fuel dispensing facility shall visually inspect 

or cause to be visually inspected the Stage I system once every seven days to determine 

that the system and its components are unbroken, correctly installed and functioning. 

Each visual inspection shall include, but not be limited to, inspection of: coaxial 

adaptors; fuel a,rid vapor rotatable adaptors; dust caps and gaskets; fuel and vapor spill 

buckets; drain valves; and pressure/vacuum vent valves. The owner/operator shall ensure 

that: 

·a. Visual inspections shall be performed only by a person who is trained to operate 

and maintain the Stage I system in accordance with the. applicable manufacturers' 

guidance; and · 

b. A current record of all persons trained shall be maintained on site, including the 

date training was last received and the trainee's printed name and signature 

acknowledging receipt of the training. 

3. Upon determining during a visual inspection that a Stage I system component is 

incorrectly installed,. non-functioning or broken, the owner/operator of a motor vehicle 

fuel dispensing facility shall: 

a. Immediately repair or replace the component; or 

b. If repairs or replacements cannot be made immediately; repair or replace the 

component within 30 days of the visual inspection date, or 

c. If a component cannot be repaired or replaced within 30 days of the visual 

. inspection date, the transfer of motor vehicle fuel into the motor vehicle fuel storage 

tank equipped with the incorrectly installed, non-functioning or broken component 

is prohibited until the component is repaired or replaced. · 

4. Any replacement of an incorrectly installed, non-functioning or broken Stage I 

components shall be with a CARB EVR component and shall be installed in accordance 

with the applicable Executive Orders and manufacturers' guidance, except that an 

existing non-EVR "slip-on" spill bucket may be repaired (including replaced) until seven 

years from January 2, .1 015 and may be used after seven years from January 2, 2015 until 

it needs to be repaired or replaced. 

5. Every visual inspection shall be recorded on an inspection checklist that contains at 

a minimum the following information: 

a. The date each inspection was performed and the name and signature of the person 

who perfornied the inspection; . 

b. Any Stage . I system component determined to be incorrectly installed, · 

non-functionmg or broken; 

c. Whether any incorrectly installed, non-functioning or broken component was 

immediately repaired or replaced within 30 days, or whether the transfer of motor 

· vehicle fuel into the motor vehicle fuel storage tank was prohibited until the 

component was repaired or replaced; and · · 

d. The date the incorrectly installed, non-functioning or broken component was 

repaired or replaced; . 

6. Any owner/operator of a motor vehicle fuel dispensing facility shall retain on-site in 

a centralized location in either hard copy or electronic format, the following records: 

' a. All of the visual inspection checklists for the prior rolling twelve-month period. 

b. A copy of compliance testing company test results for compliance tests 

performed during the prior rolling 12-month period. 

c. A copy of the Stage I system's most recent In-use Compliance Certification in 

accordance With 310 CMR 7.24(3)(e)4., .or, if more recent, a copy of the Stage I 

system's Installation/Substantial Modification Certification in accordance with 

310 CMR. 7.24(3)(e)3 . 

. d. The date and type of Stage I Routine Maintenance performed in the most recent • 

. rolling 12-month period in accordance with 310 CMR. 7.24(3)(e)2.a. 

7. All records required to be maintained shall be made available to the Department and 

EPA immediately upon request. If requested records cannot be made immediately 

available, requested records shall be delivered to the Department and EPA within seven 

business days of the initial request. 

310 CMR.- 250.66 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

(e) Stage I Compliance Testing and Certification. 

112/15 

1. Compliance Tests. Any owner/operator of a motor vehicle fuel dispensing facility 

shall conduct the following compliance tests: 

a For all Stage I underground storage tank systems: · 

i. Pressure Decay two inch Test (CARB TP-201.3; March 17, 1999); 

ii. Vapor Tie Test (San Diego APCD TP-96-1, section 5.1.9; March 1, 1996); 

iii. Pressure/V ac.uum Vent Valve Test (CARB TP-20 1.1E; October 8; 2003); 

iv. Static TorqlieRotatableAdaptorTest(CARB TP-201.1B; October 8, 2003), 

if rotatable adaptors are installed; and 

v. as applicable to CARB EVR components, either: 

(i) Leak Rate of Drop Tube/Drain Valve Assembly Test (CARB TP-201.1 

C; October 8, 2003); or . . · 

(ii) Leak Rate of Drop Tube/ Overfill Prevention Devices (CARB 

TP-201.1D; October 8, 2003). 

b. For all Stage I aboveground storage tank systems: 

i. Determination of Static Pressure Performance of Vapor Recovery Systems at 

Gasoline Dispensing Facilities with Aboveground Storage Tanks in Exhibit 4 of 

CARB Executive Order VR-401-C (June 30, 2013) and CARB Executive Order 

VR-402-B (April 15, 2013); 

ii. Static Torque Rotatable Adaptor Test (CARB TP-201.1B; October 8, 2003), 

if rotatable adaptors are installed; and · 

iii. PressureNacuwnVent Valve Test (CARB TP-201.1E; October 8, 2003). 

2. Stage I Routine Maintenance and Stage I Minor Modifications. · 

a In the event of Stage I routine maintenance, a record of all Stage I routine 

maintenance shall be maintained in accordance with 310 CMR 7 .24(3)( d)6. 

Compliance testing and submittal of a compliance certification to the Department is 

not required. 

b. In the event of a Stage I minor modification, applicable compliance tests shall be 

performed in accordance with 310 CMR 7.24(3)(e)l. . and passed prior to 

commencing system operation and a record of the modification and test results shall 

be maintained in accordance with 310 CMR 7 .24(3)( d)6. Submittal of a compliance 

certification to the Department is not required. 

c. Any replacement of a Stage I system component shall be with a CARB EVR 

component · 

3. Stage I Installation and Substantial Modification Certification. Any owner/operator 

of a motor vehicle fuel dispensing facility who installs a Stage I system or makes a Stage 

I substantial modification shall, prior to commencing operation, perform and pass all 

applicable compliance tests listed in 310 CMR 7.24(3)(e)l. The owner/opemtor shall 

submit to the Department within seven business days of performing and passing the tests, 

a fully completed and signed Installation/Substantial Modification Certification, on a 

form provided by the Department, attesting to the following: 

a. The installed or substantially modified Stage I system has been installed, repaired 

or modified in accordance with the applicable Executive Orders and manufacturers' 

guidance; and 

b. All applicable compliance tests listed in 310 CMR 7 .24(3)(e) 1. were performed 

and passed. 

~ Annual In-use Compliance Certification. Except as provided in 310 CMR 

7.24(3)(e)5.: 

a Any owner/operator of a motor vehicle fuel dispensing facility shall annually 

submit to the Department within 30 days ofperforming and passing all applicable 

compliance tests a fully completed and signed In-use Compliance Certification on a 

form provided by the Department. 

b. Any owner/operator of a motor vehicle fuel dispensing facility shall attest to the 

following: 

i. The Stage I system is opemted and maintained in accordance with the 

applicable Executive Orders and manufacturers' guidance; and 

ii. All applicable compliance tests listed in 310 CMR 7.24(3)(e)l. were 

performed and passed. 

310 CMR - 250.67 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

/- 5. Alternative Annual In-use Compliance Certification. 

1/2/15 

a. Any owner/operator of a motor vehicle fuel dispensing facility who submits 

Annual In-use Compliance Certifications for two consecutive years in compliance 

with 310 CMR 7.24(3)( e)4. in which all applicable in-use compliance tests were 

passed on the first try, as certified pursuant to 310 CMR 7 .24(3)(h)8., may elect to 

submit to the Department an Alternative Annual In-use Compliance Certification on 

a form provided by the Department. 

b. An owner/operator meeting the requirements of 310 CMR 7.24(3)(e)5.a. and 

electing to submit an Alternative Annual In-use Compliance Certification shall be: 

i. exempt from annual Stage I compliance testing requirements in the first year 

the Alternative Annual In-use Compliance Certification is submitted in 

compliance with 310 CMR 7.24(3)(e)5.a.; and 

ii. subjectt<;> all compliance tests listed in 310 CMR 7.24(3)(e)l. as applicable, 

m:·the second year the Alternative Annual In-use Compliance Certification is 

submitted, and every other year thereafter. · 

c.. Any owner/operator of a motor vehicle fuel dispensing facility who submits an 

alternative In-use Compliance Certification and fails one or more compliance 

certification tests on the first try shall, in subsequent years, oomply with the 

requirements of31 0 CMR 7.24(3)( e)4., until such time a.S the owner/operator meets 

· the requirements in 310 CMR 7.24(3)(e)5.a. 

6. Determination of Submittal and Receipt Dates. 

a: The owner/operator of a motor vehicle fuel dispensing facility shall submit the 

annual certification required by 310 CMR 7.24(3)(e)4. to the Department no later 

than the anniversary of the receipt date of the most recently submitted: 

i. · Stage I Installation/Substantial Modification Certification; 

ii. Annual Stage I In-use Compli~ce Certification; 

iii. Alternative Annual In-use Compliance Certification; or· 

iv. Stage II Decommissioning Notification. 

·b. If the owner/operator requests a change in the submittal due date, the Department 

may revi~ the annual certification submittal due date and shall set a revised 

submittal due ~te that is no more than 12 months after the current submittal due 

date. 

c. Receipt Date at the Department shall be determined as follows: 

i. If hand-delivered, the receipt date is the date of the receipt stamp; 

ii. If mailed, the receipt date is the date of the postmark on the epvelope used to 

submit the document to the Department; or 

m. If electronically submitted, the receipt date is the date the electronic 

submission is sent to the Department. 

7. Any owner/operator of a motor vehicle fuel dispensing faeility whose Stage I system 

fails one or mpre in-use complianCe tests required by 310 CMR 7.24(3)(e)l. shall: 

a. Immediately repair or replace the incorrectly installed, non-functioning or broken 

component in accordan~,;e with the applicable Executive Orders and manufacturers' 

guidance; . · . 

b. If any Stage I system component is replaced, it shall be replaced with a CARB 

EVR component and installed in accordance with applicable Executive Orders and 

manufacturers' guidance; ' · 

c. Contiti.ue to repair or replace and re-test until each failed test is passed; and 

d. Submit to the Department an Annual In-use Compliance Certification on or 

before the facility's Annual In-use Compliance Certification submittal due date or 

within 30 days of tb.e date of the first passing test result, whichever occurs first. 

8. If a Stage I system fails one or more required in-use compliance tests and the system 

cannot be repaired as required by 310 CMR 7 .24(3 )( e )7 ., the owner/operator of a motor. 

vehicle fuel dispensing facility shall not transfer or allow the transfer of motor vehicle 

fuel into the motor vehicle fuel storage tank equipped with the failing Stage I system 

until the system is repaired in accordance with the applicable Executive Orders and . 

manufacturers' guidance and all applicable compliance testing, record keeping and · 

certification requirements for roUtine maintenance, minor modification or substantial 

modification of a Stage I system are complied with. · 

310 CMR- 250.68 
7:24: continued 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

9. Any Certification submitted to the Department as required by 310 CMR 7.24(3)(e) 

shall be signed by a Stage I System Responsible Official as required by 310 CMR 

7.24(3)(g) .. 

1 0. Any owner/operator of a motor vehicle fuel dispensing facility, upon written notice 

from the Department, shall perform such compliance tests as the Department determines · 

necessary to demonstrate the Stage I system is installed and maintained in accordalice 

with the applicable Executive Orders aild manufacturers' guidance and shall submit the 

results to the Department within 14 days of the performance of the tests. 

11. ComplianCe tests performed to meet the requirements of310 CMR 7.24(3)(e)l. 

shall be performed only by a compliance testing company that has submitted a 

· Compliance Testing Company Notification to the Department as required by31 0 CMR 

7.24(3)(h)l. 

(f) Notification Requirements. 

112115 

1. Any person, upon entering into a purchase, lease or other contractual agreement by 

which the person becomes the owner/operator of a motor vehicle fuel dispensing facility . 

subject to 310 CMR 7.24(3), shall submit to the Department, within 30 days of the 

effective date ofbecoming such an owner/operator or within ten days of a written request 

from the Department, a fully completed New Stage I System Owner/Operator 

Notification on a form provided by the Department. 

a The Notification shall include the following: 

i. The name of the new Stage I system owner/operator, and related business 

documentation, including the name and address of the facility where the Stage I 

system is located; and 

ii. The effective date that the person. became the new owner/operator. 

b. The Notification shall be signed by the individual who is a Stage I Responsible · 

Official for the new owner/operator regarding the Stage I system, who shall attest to 

the following: . . 

i. I certify that I personally examined the foregoing and am fammar 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 fmes and imprisonment; 

iL I am fully authorized to make this attestation on behalf of this facility. 

2. Any oWn.er/operator of a motor vehicle fuel dispensing facility, upon entering into 

a sale, lease or other contractual agreement by which the owner/operator relinquishes his 

or her authority as an owner/operator of a motor vehicle fuel dispensing facility subject 

to 310 CMR 7 .24(3), shall submit to the Department, within 30 days of the effective date 

of the sale, lease or other contractual agreement, a signed letter, or a form provided by 

the Department, notifying the Department of the following: 

a The name of the owiler/operator relinquishing authority as an owner/operator, the 

facility name, address, and DEP Facility Account Number, as applicable; 

b. The name of the new owner/operator of the motor vehicle fuel dispensing facility 

subject to 310 CMR 7.24(3) mailing address, phone number, email address; and 

c. The effective date of the change of owner/operator. 

3. Any owner o~rator of a motor vehicle fuel dispensing facility seeking to 

permanently or temporarily take out-of-service a Stage I system shall submit to the 

Department a fully completed and signed Stage I System Closure Notification on a form 

· provided by the Department. 

a The Stage I System Closure Notification shall include, but not be limited to: 

i. The name of the motor vehicle fuel dispensing facility owner/operator and 

related business information; 

ii. The DEP Facility Account Number, as applicable; 

iii. The name and address of the facility where the Stage I system is located; 

iv. The date the Stage I system was permanently or temporarily taken 

out-of-service, and attached, as applicable, current: 

(i) Underground storage tank Registration pursuant to 310 CMR 

80.00: Underground Storage Tank (UST) Operator Training indicating that 

the status of the tank is Temporarily Out-of-service; 

310 C.MR- 250.69 
---------------------------------------------------------------------, 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

1/2/15 

(ii) Underground storage tank Registration pursuant to 310 CMR 

80.00: Underground Storage Tank (UST) Operator Training indicating the 

that status of the tank is closed (Removed or Closed in~place); or 

(iii) Local permit for aboveground storage tank documenting Temporarily 

Out-of service Status or closure/removal. 

b. A Stage I system shall not be temporarily out-of-service for more than five years 

from the date of being taken out of service pursuant to _310 C:MR 7.24(3)(f)a.iv.(i) 

through (iii), as applicable. 

c. Any owner/operator of a Stage I system that is temporarily out-of-service in 

accordance with 310 CMR 7.24(3)(f)3. shall, prior to recommencing operation, 

perform and pass all applicable compliance tests in accordance with 31 o'··cMR. 

7 .24(3 )(e) 1. and submit to the Department a fully completed Installation/Substantial 

Modification Certification as required by 31 0 CMR 7 .24(3)( e )3. 

d. Any Notification submitted to the Department as required by 310 CMR 7 .24(6)(f) 

shall be signed by a Responsible Official as required by 310 CMR 7.24(3)(g). 

(g) Stage I System Responsible Official Certification of Comoliance. 

1. Except in circumstances described in 310 CMR 7.24(3)(g)2;, any Certification 

required by 310 CMR 7.24(3)(e) orNotificationrequired by 310 CMR 7.24(3)(f) shall 

be signed by a Responsible. Official regarding Stage I system compliance. 

2. For Stage I systems owned by one party and leased, operated or controlled by another 

independent party and where both parties have separate Stage I system compliance 

responsibilities, any Certification submitted pursuant to 31 0 CMR 7 .24(3)( e) or 

Notification submitted pursuant to 310 CMR 7 .24(3)(f) shall be signed by Responsible 

Officials for each party regarding Stage I system compliance. Each Responsible Official 

shall attest to the following: 

a. I certify that I personally examined the foregoing and aril familiar with the 

information contained in this document and all the attachments and that, based on my 

inquiry of those persoris 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; 

b. that systems to maintain compliance are in place at the facility and will be 

maintained for the earning year even if the processes or operating procedures are 

changed over the course of the year; arid 

c. I am fully authorized to make this attestation on behalf of this facility. 

(h) Compliance Testing Company Requirements. 

1. · If rui owner/operator, employee or contractor of a compliance testing company 

performs Stage I compliance tests to meet the requirements of31 0 CMR 7 .24(3 )(e) 1., the 

owner/operator of a compliance testing company shall submit to the Department a fully 

completed Compliance Testing Company Notification, on a form provided by the 

Department, prior to performing any required Stage I compliance test. 

a. The Compliance Testing Company Notification shall include the following: 

i. The name and business mailing address of the Stage I compliance testing 

company owner, operator, lessee or controller; 

ii. The name and address of a,ny business that is engaged in the installation or . 

Suostantial Modification of Stage I systems and is owned, ope~ted, leased or 

controlled by, or affiliated with the owner/operator of the compliance testing 

company; 

iii. The name and address of any motor vehicle fuel dispensing faeility subject 

to 310 CMR 7 .24(3) that is owned, operated, leased or controlled by, or affiliated 

with the owner/operafor 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 31 0 CMR 7 .24(3)(h) 10. are maintained; 

v. · A written description of the employee training s)rstems 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(3)(h)6. and 7.;.and 

310 CMR~ 250.70 
7.24: continued 

1/2115 

310 C:MR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 Compliance Tel';ting Company N oti.fication shall be signed by an individual 

who is a Responsible Official for the compliance testing company, who shall attest 

to the following: 

. i. I certify that I personally examined the foregoing and !!Ill 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 compliance testing company to 

ensure Stage I 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 · 

iii. I am fully authorized to make this attestation on behalf of this compliance · 

testing company. 

2. An owner/operator of a compliance testing company shall notify the Department in 

writing of any change to the information submitted. to the Department pursuant to 

310 CMR 7.24(3)(h)l. within 14 days ofthe effective date of such change. Upon the 

Department's written request, the person shall submit a fully revised and completed 

N oti.fication to the Department as required by the requirements of31 0 CMR 7 .24(3)(h) 1. 

3. No owner/operator, employee or contractor of a compliance testing company shall 

perform any Stage I compliance test unless sa!d person has first been trained in 

accordance with the applicable compliance teSt protocols and procedures required by 

310 CMR 7.24(3)(h)7. 

4. An owner/operator of a compliance testing company shall submit, at least once every 

tWo weeks, a written list to the Department identifying all motor vehicle fuel dispensing 

facilities at which the company is scheduled to perform required Stage I compliance tests 

over the next 14 day period. 

a. The list shall include the name and address of each motor vehicle fuel dispensing 

facility to be tested, the applicable section under 310 CMR 7.24(3)(e) 3., 4., or 5., 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 tests are to occur. Additions to a submitted compliance tes~g 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 of 310 CMR 7 .24(3)(h)4. 

may be a basis for the Department to determine that tests conducted after inadequate · 

notice are invalid. 

5; An owner/operator of a compliance testing company shall immediately notify the 

Department of any f'!-iled Stage I compliance tests performed a.S required by 31 0 CMR 

7.24(3)(e) if the person did not return to retest the Stage I system as required by 

310 CMR 7 .24(3)( e )7. on or before the facility's Annual In-use Compliance Certification 

. submittal date, or within 30 days of the date of the Stage I system's firSt passing test 

result, whichever occurs first. The owner/operator of the compliance testing company 

shall notify the Department regarding the name and address of the motor vehicle fuel 

dispensing facility, the facility's Facility Account Number and the tests failed. 

6. An owner/operator, employee or contractor of a compliance testing company shall 

perform compliance tests to meet the requirements of 310 CMR 7 .24(3 )(e) only upon 

confirmation that: 

a. All Stage I system components are installed as required and are the correct 

components pursuant to the requirements of310 CMR 7.24(3)(c); and 

b. All motor vehicle fuel dispensing facilities with two or more motor vehicle fuel 

storage tanks are properly manifolded pursuant to the requirements of applicable 

Executive Orders. 

310 CMR ~ 250.70.1 
. 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

112115 

7. An owner/operator, employee or contractor of a compliance testing company shall · 

perform Stage I compliance tests on all Stage I· systems to meet the requirements of 

310 CMR 7.24(3) only in accordance with the applicable test procedures cited in 

310 CMR 7.24(3)(e)l. . 

8. An owner/operator of a compliance testing company shall certify to the Department 

that each compliance test performed to meet the requirements of 31 0 CMR 7 .24(3 )(e) 

was performed as required by 310 CMR 7.24(3)(h)6. and 7. As applicable, the 

Certification shall be submitted on a Stage I Installation/Substantial Modification 

Certification, Alternative Annual In-use Compliance Certification, or In-use Compliance 

Certification and shall include: · 

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

b. The date each compliance test was performed and passed. 

9. Each Certification submitted pursuant to' 310 CMR 7.24(3)(h)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, 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; and 

b. I am fully authorized to make this attestation on behalf of this compliance testing 

company. 

10. An owner/operator of a compliance testing company 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(3)(h)l.a.: · 

a. A complete set of recoirls of compliance tests performed to meet the requirements 

· of 310 CMR 7.24(3)( c). Such records shall include, by facility address: 

i. The date and first result for each required test performect; 

ii. The date each test was performed and passed; and . 

iii. An itemized list of all Stage I system .components repaired or replaced as 

necessary for the system to pass the applicable tests, including but not limited to: 

all spill containment buckets, drain valves, dust caps, rotatable product adaptors, 

riser adaptors, drop tubes, rotatable vapor adaptors, tank. gauge ports, and 

pressure/vacuum vent valves that are replaced with a CARB EVR component 

b. A current record of all employees or contractors trained as required by 31 0 CMR 

7.24(3)(h)3. Such record shall include the following: 

i. The date training was received; 

ii. The person or employee's printed name; ana 

iii. The signature of the person or einployee acknowledging receipt of required 

training. 

11. The owner/operator of the compliance testing company shall' make all records 

available to the Department or EPA immediately upon the request. If requested records 

cannot be made immediately available, requested records shall be delivered to the 

Department and EPA within seven business days 'of the initial request. 

(i) Violations of31Ci CMR 7.24(3): Any failure to comply with 310 CMR. 7.24(3), or the 

terms and conditions of any order, permit, authorization, determination, certification, 

prohibition or approval issued under 310 CMR 7.24(3) shall constitute a violation of 

310 CMR 7.24(3). Nothing in 310 CMR 7.24(3), or in any order isS\led pursuant thereto, 

shall be construed to lini.it any right of the Department to take enforcement action pursuant 

to any other authority. 

G) Enforcement Provisions. The provisions and requirements of31 0 CMR 7 .24(3)(a) and 

(b) are subject to the enforcement provisions specified in 310 CMR 7 .52. 

(4) Motor Vehicle Fuel Tank Trucks. 

(a) No owner/operator of a tank truck that carries motor vehicle fuel with a true vapor 

pressure equal to or greater than 1.5 psia under actual storage conditions and receives fuel 

from or delivers fuel to a facility subject to 3'10 CMR 7.24(2), or delivers fuel to a facility 

subject to the requirements of 310 CMR 7 .24(2) or (3) shall cause, suffer, allow or permit 

thy tank truck to be loaded or unloaded unless the tank truck: 

310 CMR- 250.70.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

112/15 

1. Was tested within the 12 preceding months pursuant to 310 CMR 7.24(4)(i); 

2. Sustains a pressure change of no more than three inches of water in five minutes 

when pressurized to a gauge pressure of 18 inches of water or when evacuated to a gauge 

pressure of 5.9 inches of water during the testing; 

3. Is repaired and retested within 15 days of testing if it does not meet the criteria of 

310 CMR 7.24(4)(a)2.; and 

4. Displays a marking in two inch high letters near the Department of Transportation 

Certification plate required by 49 CFR 178.340-1 Ob, which: 

a Shows the initials "DEP" and the date the tank truck last passed the test.("DEP 

date"); and 

b. Shall expire not more than 12 months after the date the tank truck last passed the 

test. 

(b) The owner/operator of a bulk terminal, bulk plant, motor vehicle fuel dispensing facility 

or tank truck subject to 310 CMR 7.24(2), (3), or (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: 

1.. Gauge pressure from exceeding 18 inches of water and vacuum from exceeding 5. 9 

inches of water in the tank truck; and 

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

as propane) at one inch from an points of the perinieter 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/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 CMR 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 of310 CMR 1.24(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 fortesting and marking motor 

vehicle fuel tank trucks subject to 31 0 CMR 7 .24( 4) may be satisfied if the vehicle undergoes 

equivalent certification in another state. 

(h) The owner/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 Requirements. 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. 

G) Any owner/operator of a tank truck shall: 

1. Maintain and operate the tank truck such that it is vapor tight at all times; 

2. ·Re-fill the tank truck oiily at bulk gasoline terminals and plants equipped with 

properly operating vapor recovery systems pursuant to 310 CMR 7 .24(2); and 

3. Keep hatches on the tank truck closed at all times during loading and unloading. 

(6) U Dis,pensing of Motor Vehicle Fuel. 

(a) Applicability and Installation Reg_uirements. 

· 1. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility or tank truck shall be prohibited from installing a Stage II Vapor Recovery · 

System. 

2. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility or tank truck with a Stage II Vapor Recovery System shall decommission the 

Stage II Vapor Recovery System on or before two years from January 2, 2015 in 

accordance with 310 CMR 7.24(6)(1). 

310 CMR - 250.70.3 
7.24: continued 

310 CMR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

3. In response to a written request submitted to the Department six months prior to two 

years from January 2, 1015, the Department, in its sole discretion, may grant an owner, 

lessee, operator or controller of a Stage ll system with an annual throughput of less than 

500,000 gallons, an extension of up to two years after two years from ~anuary 2, 2015 to. 

decommission the Stage ll system based on financial . hardship or extenilating 

circumstances. 

4. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility or tank truck with a Stage ll vapor recovery system shall maintain and operate the 

Stage ll system in accordance With 310 CMR 7.24(6) until the Stage ll system is 

decommissioned in accordance with 31 0 CMR 7 .24( 6)(1). · 

5. Any person subject to 310 CMR 7.24(6) shall conspicuously post Stage II system 

operating instructions on both sides of all motor vehicle fuel dispensers or at a positiqn 

adjacent to the dlspensers 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 ll 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 ll Consumer Hotline. 

(b) Operation and Maintenance Requirements. 

1/2/15 

1. 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 ll system as required by the terms 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 ll System; or 

ii. within four years ofJanuary 2, 2015. 

c. Once every seven days perform a weekly visual inspection of the Stage II 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, fill 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, 

non-functioning 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; 

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 teni1S 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 oi: broken; or 

iii. decommission the Stage II system in accordance with 310 CMR 7.24(6)(1). 

e. If an incorrectly installed, non-functioning or broken component cannot be 

. repaired as required by 310 CMR 7.24(6)(b)l.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 or the Stage ll system is 

decommissioned in accordance with 31 0 CMR 7 .24( 6)(1) . 

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 person who 

owns, operates, leases or controls the Stage II system at the facility 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 ElCecutive Order or the 

Stage II system is decommissioned in accordance with 310 CMR 7.24(6)(1). 

310 CMR- 250.70.4 
) 

7.24: continued 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

2. A visual inspection of a Stage II system to meet the requirements of 310 C:MR 

7 .24( 6)(b) I.e. shall be performed only by a person who is trained to operate and maintain 

the Stage II system as required by the terms 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 

12-month period. Such records may be either in hard copy or electronic format, provided 

that a hard copy of any electronic records 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 12-month 

period, identifying: 

i. the date each weekly visual inspection was performed and the signature 

. of the person who performed the visual inspection; 

ii. any Stage II system component determined to be incorrectly installed, 

non-functioning or broken; 

iii. 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 components 

identified in'310 CMR 7.24(6)(b)3.iii. were repaired. 

b; A copy of compliance testing company test results for all Stage II compliance 

tests during the prior rolling twelve-month period. 

c. A copi of the Stage II 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 m;me 

available to the Department or EPA immediately upon request In the event requested 

records cannot be made immediately av~able, requested records shall be delivered to 

the Department or EPA, as applicable, within seven business days of the initial request. 

(c) Compliance Testing and Certification Reguirements. 

1/2/15 

1. Stage II system testing, record keeping and Certification as a result 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 the Department is not required. 

b. In the event of a minor modification of a Stage II system, applicable compliance 

tests shall be performed 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) who installs or makes a substantial modification to a Stage II system shall, prior 

to commencing operation, perform and pass all applicable compliance tests purs.uant to 

31 6 CMR 7 .24( 6)( d) and submit to the Department within seven days of performing and 

passing said tests, a fully completed and signed Iristallation/Substantial Modification 

Certification, on a form 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 

performed and passed; and 

c. the applicable installation compliance tests were performed and passed not more 

than 30 days prior to the submittal of the Certification to the Department. 

310 CMR- 250.70.5 
7.24: continued 

112115 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

3. Annual In-use Compliance Certification. Except as provided iri 310 CMR 

7.24(6)(c)4., any person subject to 310 CMR 7.24(6) shall annually submit to the 

Department a fully eompleted 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 required by 310 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. V a,por Balance Systems. 

(i) Annual in-use compliance tests: Pressure Decay Test; Vapor Tie Test; 

PNVentTest 

(ii) Every-third-year in-use compliance test: Dynamic Pressure/Liquid 

Blockage Test. 

ii. Vacuum Assist Systems. 

(i) Annual in-use compliance tests: Pressure Decay Test; Vapor Tie Test; 

PN Vent Test; and Air-to-liquid Ratio Test 

(ii) Every-third-year in-use compliance test: Dynamic Pressure/Liquid 

Blockage Test. 

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

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

30 days prior to the submittal of the Certification to the Department. 

· 4. Alternative Annual In-use Compliance Certification. Any person subject to 

310 CMR 7.24(6) who submits two consecutive years of Annual In-use Compliance 

CertificationS in compliance with 31 0 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 

In-use Compliance Certification on a form obtained from the Department: 

a Facilities meeting the requirements of 310 CMR 7.24(6)(c)4. and electing to 

submit an Alternative Annual In-use Compliance Certification shall be: 

i. exempt from annual Stage II compliance testing reqUirements in the year 

following ·the submittal of two consecutive years' of Annual In-use Compliance . · 

Certifications in compliance with 310 CMR 724(6)(c)4.; and 

ii. subject to all applicable Stage II compliance tests as referenced in 310 CMR 

7.24(6)(d) in the second year following the submittal of two 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 IT 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.aii., and 

iii. The applicable compliance tests were performed 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 iii 

compliance with the requirements of 31 0 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 pursuant to 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 IT system on or after January 1, 2001, the anniversary of the 

submittal to the Department of the Installation Compliance Certification required by 

310 CMR 7.24(6)(c)l. or the. date the facility commenced operation, whichever 

occurs first; and 

310 CMR- 250.70.6 
·. 310 CMR: DEPARTMENT OF ENviRONMENTAL PROTECTION 

7.24: continued 

1/2115 

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)5.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., shail immediately: a. either: -, 

i. repair or replace an incorrectly installed, non-functioning or broken 

component as required by the terms and conditions of the Stage II system's 

currently applicable Executive Oi:der; or 

ii. decommission the Stage II system in accordance with 310 CMR 7 .24( 6)(1); 

b. if such person does not elect to decommission the Stage II system, then such 

person shall also re-test and pass each failed test; and 

c. submit to the Department the required Annual In-use Compliance Certification 

on or before the facility's Annual In-use Compliance Certification submittal date or . 

within 3 0 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 l;Uld the incorrectly 

installed, non-functioning or broken components cannot be repaired as required by 

310 CMR 7.24(6)(c)7., the person who owns, leases, operates or controls the Stage II 

system at such facility shall immediately: 

a. either: 

i. isolate the incorrectly installed, non-functioning or broken components from 

the Stage II systen;1 so that the remainder of the Stage II system operates as 

required by the terms and conditions of the system's currently applicable 

Executive Order; or . · 

ii. decommission the Stage II system in accordance with 310 CMR 7 .24( 6)(1}. 

b. if such person does not elect to decommission the Stage II system, then the 

person who owns, leases, operates or controls the Stage II system shall also 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 31 0 CMR 7 .24( 6)( c )3 .c. · 

or 310 CMR 7.24(6)(c)4.c., as applicable, whichever occurs first. 

c. Any Stage II system component isolated from the remainder of the Stage II 

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 the 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 person who owns, operators, leases or 

controls such Stage II sistem at such facility 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 ill-use compliance tests are performed and passed as required by 

310 CMR 7.24(6)(c)3; or4., as applicable; and 

310 CMR-250.70.7 
------------------------------~--------------------------,------. 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

1/2/15 

c. a fully completed Annual In-use Compliance Certification liaS been submitted to 

the Department as required by 31 0 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.~4(6)(c)8, for purposes of compliance with the Annual In-use 

Compliance Certification submittal requirements of31 0 CMR 7 .24( 6)( c )3. or 4 ., the 

pe!'l'on who owns, operates, leases or ~ontrols the Stage II system shall submit to the 

Department a fully completed and signed Stage II System Closure Notification as 

required by 310 CMR 7.24(6)(e)3. on or before said facility's currently applicable 

Annual In-Use Compliance Certification subnlittal due date. 

9. Any Certification submitted to the Department as required by 310 CMR 7 .24( 6)( c) 

shall be signed by a Stage II System Responsible Official as required by 310 CMR 

7.24(6)(±). 

1 0. Any person subject to 310 CMR 7 .24( 6), upon written notice from the Department, 

shall perform such compliance tests as the Department detel1lli.D.es necessiuy to 

demonstrate the Stage II system is installed and mamt;a4led 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. 

11. Receipt of submittals by the Department shall be as follows: 

a. If hand-delivered, the receipt date is the date of the receipt stamp; 

b. If mailed, the receipt date is the date of the postmark on the envelope used to 

submit the document to the Department; or . 

c. If electronically s1,1bmitted, the receipt date is the date the electronic submission 

is sent to the Department 

(d) Stage II System Compliance Testing Requirements. For the purposes of 310 CMR 

7.24(6)(c), the following Stage II System compliance tests and requirements shall be 

required: 

1. Vapor Balance Systems. Pressirre 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, 

Air-to-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 

GTound Storage System (Executive Order# G-70-187) and Franzen-Hill Cargo Tank 

Truck System (Executive Order# G-70• I 93): 

i. Pressure Decay Test: 

ii. Vapor TieTest; 

ill. PN Vent Test; 

iv. Exhibit 4: Vapor Return Line Vacuum Integrity Test; and 

v. Exhibit 5: Fillneck Vapor Pressure Regulation Fueling Test. 

b. Healy 600 (Executive Order# G-70-165): 

i. Pressure Decay Test; 

ii. Vapor Tie Test; 

iii. PNVent Test; 

iv. Air-to-liquid Ratio Test; and 

v. Exhibit 4: Vapor Return Line Vacuum Integrity Test. 

4. Compliance tests performed to meet the requirements of310 CMR 7.24(6)(c) shall 

be performed only by a person or Stage II 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 disperu?ing 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 within 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 the Department. · 

310 CMR- 250.70.8 
7.24: continued 

1/2/15 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

a. Said Notification shall include the following: 

i. the name of the new Stage II system owner, operator, lessee 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: 

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. I am fully authorized to make this attestation on behalf of this facility or tank 

truck, as applicable. 

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, lessee or controller of a facility or tank truck subject to31 0 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 letter 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. th~i 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 

~. the effective date of the cbange of owner, operator, lessee or controller. 

3. Any person subject to the requirements of31 0 CMR 7.24(6) seeking to permanently 

or temporarily take out-of-service a 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 inciude 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 DEP Facility Account Number for the applicable facility or tank truck; 

and · 

iii. the date the Stage II system was permanently or temporarily taken out-ofservice, and attached, as applicable, current: 

(i) underground storage tank Registration Notification indicating that the 

status of the tank is Temporarily Out-of-service; 

(ii) . underground storage tank Notification indicating the that status of the 

tank is closed (Removed or Closed In-place); or 

(iii) local permit documenting Temporarily Out-of-service Status or 

Closure/removal. , 

b. Any person subject to the requirements of 310 CMR 7 .24( 6) who temporarily 

takes out-of-service a motor vehicle fuel dispensing system or tank truck 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(6)(c)2. or 

decommission the Stage II system in accordance with310 CMR 7.24(6)(1). 

c. A Stage II system shall not be temporarily out-of-service for more than two years. · 

310 CMR.- 250.70.9 
. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

112/15 

d. Any person subject to the requirements of 31 0 CMR 7 .24( 6), where the motor 

vehicle fuel dispensing facility is permanently closed, shall no longer be subject to 

310 CMR 7 .24( 6) as of the effective date the facility was permanently closed as 

referenced in the reqUired applicaJ:Jle underground storage tank Notification 

indicating that the status of the tank is closed (Removed or Closed In-place) or local 

permit for aboveground storage tank documenting closure/removal. 

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)(t). . 

(f) Stage IT System ReS,PonSible Official Certification of Complianee. 

1. Except in circumstances described in 310 CMR 7.24(6)(f)2., any Certification or 

Notification required by 310 CMR 7 .24( 6)( c) or (e) shall be signed by an individual who 

is a Responsible Official regarding Stage II 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 II compliance 

responsibilities, any Certification or Notification 1

submitted in compliance with the 

requirements of 310 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: / · 

i. I certify that I persoruiny excunined the foregoing and am familiar with the 

information contained in this document and all the attachinents 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 sublllitting 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 

iii. I am fully authorized to make this attestation on behalf of this facility or tank 

t+uclc, as applicable. 

3. Any person immediately responsible for obtaining information referenced in 

31 0 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 J:?e in violation of 310 CMR 7.24(6). Notwithstanding the 

previous sentence, any person subject to the requirements of 310 CMR 7.24(6), shall 

comply with all applicable provisions of310 CMR 7.24(6). 

(g) Complianee Testing Company Requirements. 

1. . Any person who owns, leases, operates or controls a company that performs Stage 

IT compliance tests to meet the requirements of 31 0 CMR 7 .24( 6)( c) shall submit to the 

Department a fully completed Stage II Compliance Testing Company Notification, on 

a form obtained from the Department, prior to performing any required Stage IT 

compliance test. 

a. the Notification shall include the following: 

i. the name and· business mailing address of the Stage IT 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 31 0 CMR 7 .24( 6)(g) I 0. are maintained; 

310 CMR- 250.70.10 
7.24: continued 

1/2/15 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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: 

L 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 

iii. I am fully authorized to make this attestation on behalf of this Stage II 

Compliance Testing Company. 

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 

complete4 Notification to the Department as required by the requirements of 310 CMR 

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 CMR 7 .24( 6)(g)6. and 7. 

4. Any person subject to the requirements of 31 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 performed, 

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 than9 A.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 tesl . · 

c. Failure to comply with the Notification requirements of 310 CMR 7 .24( 6)(g) 4. 

·may be a basis for the Departnlent to determine that tests conducted after inadequate 

notice are invalid. 

5. Any person subject to the requirements of 31 0 CMR 7 .24( 6)(g) shall immediately 

notify the Department of any failed Stage II compliance tests performed as required by 

310 CMR 7 .24( 6)( c) if said person did not return to retest the Stage II system as required 

by 310 CMR 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, whichever occurs first. Said person shall notify the Department 

regarding the name and address of the 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 terms and conditions of the system's. currently 

applicable Executive Order; and 

310 CMR- 250.70.11 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION . J 

7.24: continued 

·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 31 0 CMR 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: 

a Pressure Decay Test (Bay Area Air Pollution Control District Source Test 

Procedure ST-30 (2/6/1991)) and 310 CMR 7.24(6)(g)7.a: Table A. Minimum 

Allowable Pressure. 

If able A. MINIMUM ALLOW ABLE PRESSURE (Based on an initial pressure of 10.0" we.) 

Ullage Minimum Ullage Minimum 

(Gal) Allowable Pressure (Gal) Allowable 

("we) 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 

2,000 820 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;ooo 9.30 25,000 9.77 

30,000 9.80 

Note: For a valid test, total ullage must be at least 500 gaJlons but no more than 30,000 gallons. 

112/15 

b. Underground Piping Check (Vapor Tie) Test (San Diego County Air Pollution 

Control District Test Procedure TP-96-1, Section 5.1.9). 

c. Pressure/Vacuum Vent Test (Leak Rate and Cracking Pressure of Pressure/ 

Vacuum Vent Valves, CARB TP-201.1E) PN relief vents shall be tested to be within 

.29oz/in2 or 0.5 inches of water column of the designed pressure and within 1.2oz/in2 

or 2.0 inches of water eolurnn of the vacuum settings. 

d. Air-to-liquid Volume Ratio Test (CARB TP-20 1.5). 

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-Hill 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 tine 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 310 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, 

Alternative Annual In-use Compliance Certification, or Annual In-use Compliance 

Certification and shall include: 

310 CMR- 250.70.12 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

Number 

G-70-7-AD 

G-70-14-AA 

G-70-17-AD 

1/2/15 

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

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; and 

d. If the remainder of the Stage II 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 

infqrmation contained in this document and all the attachments and that, based on my 

inquiiy 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; and 

b. I am fully authorized to make this attestation on behalf of this Smge IT 

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)l.aiv: · · 

a. A complete set of records of compliance tests performed to meet the requirements 

of310 CMR 7.24(6)(c). Such records shall include, by facility address: 

i. the date and first result for each required test performed; 

ii. the date each test was performed 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 310 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) 1 0. shali be made available 

to the Department or the US EPA immediately upon the request of either. 

(h) Violations of310 CMR 7.24(6). Foranypersonsubjectto 310 CMR 7.24(6) it shall be 

a violationof310 CMR 7.24(6)to: · · 

1. fail to submit any Certification or Notification required by to 310 CMR 7.24(6) as 

applicable; · . . 

2. make any false, iD.accurate, 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 of to 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 of 310 CMR 7 .24(6). 

(i) Department Adopted CARB Stage II System Executive Orders. 

Description 

Certification of the Hasstech Model VCP-2 and VCP 2A Phase II Vapor Recovery 

System. . 

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

Modification of Certification of the Emco Wheaton Balance Phase Ii: Vapor Recovery 

System. 

310 CMR- 250.70.13 
7.24: continued 

Number 

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 

G-70-188 

1/2/15 . 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Description (continued) 

Modification ofCertificatiofi of the Shell Model 75Bl and 75Bl-R3 Service Station 

Phase II Vapor Recovexy System. 

Recertification of the Exxon Balance Phase II Vapor Recovexy System. 

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

Certification of the Modified Hirt VCS-200 Vacuum Assist.Phase II Vapor Recovexy 

System. 

Modification of Certification of the OPW Balance Phase II Vapor Recovexy 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 II Vapor Recovexy ,System. 

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

Recertification of the Union Balance Phase II Vapor Recovexy System. 

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

Recovexy System. · 

Recertification of the Chevron Balance Phase II Vapor Recovexy System. 

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

Certification of the OPW Balance Phase II Vapor Recovexy System. 

Certification of the E-Z Flo Nozzle Company Rebuilt Vapor. Recovexy Nozzles and 

Vapor Recovexy Components. 

Certification of the E-Z Flo Mode1-3006 and 3007 Vapor Recovexy Nozzles and.Use 

of E-Z Flo Components with OPW Models llVC and 11 VE Vapor Recovexy 

Nozzles. 

Certification of Rainbow Petroleum Products Model RA3003, RA3005, RA3006 and 

RA3007 Vapor RecovexyNozzles and Vapor Recovexy Components. 

Certification of Stage I and II Vapor Recovexy Systems for Methanol Fueling Facilities. 

Certification of Amoco V • r Vapor Recovexy System. . 

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

Recovexy Nozzle. 

Certification of the OPW Modellll-V Phase Vapor Recovery Nozzle. 

Certification of the EZ Flo Rebuilt A-4000 Series and 11 V -Series Vapor Recovexy 

System. 

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

System. · · 

Modification of the Certification of the Gilbar.co VaporVac Phase II Vapor Recovexy 

System. · 

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

Recovexy System. 

Modification to the Certification of the Tokheim MaxVac Phase II Vapor Recovexy 

System. 

Modifiaction of the Certification of the Saber Nozzle for Use with the Gilbarco 

V aporV ac Phase II Vapor Recovery System. 

. Certification of the OPW VapcirEZ Phase II Vapor Recovexy System. 

Modification to the Certification of the Hasstech VCP-3A Vacuum Assist Phase II 

Vapor Reeovery System. 

Healy Vacuum Assist Phase II Vapor Recovexy System. 

Modification to the Certification of the Franklin Electric INTELLIV AC Phase II 

Vapor Recovery System. 

Certification of the EZ-tlo Rebuilt 5005 and 5015 for use with the Balance Phase II 

Vapor Recovexy System. 

Certification of the VCS400-7 Vacuum Assist Phase II Vapor Recovexy System. 

Certification of the Catlow ICVN-Vl V acuumAssist Phase II Vapor Recovery System. 

Order Revoking Certification of the Healy Phase II Vapor Recovexy Systems for 

Gasoline" Dispensing Systems. 

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

Certification of the Healy Model400 OR VR Vapor Recovexy System. 

Certification of the Catlow ICVN Vapor Recovexy Nozzle System for use with the 

Gilbarco VaporVac Vapor Recovexy System. · 

310 CMR- 250.70.14 

' . 
7.24: continued 

Number 

G-70-191AA 

G-70-196 

G-70-199-AJ 

EVR-202-A 

G-70-204-A 

Number 

G-70-102-A 

G-70-116-F 

G-70-128 

G-70-130A 

G-70-131A 

G-70-132-A 

G-70-132-B 

G-70-136 

G-70-137 

G-70-138 

G-70-139 

G-70-1'40-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 

112/15 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Description (continued) 

Healy/Franklin VP-1000 Vapor Pump Phase II Vapor Recovery System(Healy ORVR 

Phase II Vapor Recovery System). 

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

System 

Certification of the Gasoline Dispensing Nozzles to the Liquid Retention of 350 

milliliters per 1,000 Gallons Dispensed. 

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

ISD 

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

Certification of the Gil barco VaporVac/OPWVaporsaverORVR-Compatible System 

G) Department Adopted Carb Stage Ii System Executive Orders for Aboyeground Storage 

Tank Vapor Recovery Systems. 

Description 

Certification of a Phase I Vapor Recovery System for Aboveground Storage Tanks 

with less 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 Tllll1f: 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 Recovery System 

FuelSafe Aboveground Tank Vapor Recovery System 

Phase II Vapor Recovery Systems Installed on Gasoline Bulk Plants/Dispensing 

Facilities with Aboveground Tanks 

Addition to the Certification ofthe Hirt Model VCS-200 Phase II Vapor Recovery 

System 

Integral Phase I and Phase IT Aboveground Tank Configurations with the Healy Phase 

ll Vapor Recovery System 

Phase I Vapor Recovery System for Aboveground Gasoline Storage Tanks 

Pff Vault Aboveground Tank Vapor Recovery System 

New United Motors Manufacturing, Incorporated Phase II Vapor Recovery System at 

the Fremont, California Assembly Plant . 

Lube Cube Aboveground Tank Vapor Recovery System 

Moiser Brothers Tanks and Manufacturing Aboveground Tank Vapor 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 Aboveground Tank Vapor Recovery System 

Aboveground Tank Vault Vapor Recovery System 

Hoover Containment Systems, Incorporated Fuelmaster Aboveground Tank Vapor 

Recovery System 

Steel Tank Institute Fireguard Aboveground Tank Vapor Recovery System 

EnviroVault Aboveground Tank Vapor Recovery System 

Bryant Fuel Systems Phase I Vapor Recovery 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 Model 400 ORVR Nozzle for ExiSting Aboveground 

Storage Tank Systems 

310 CMR- 250.70.i5 
7.24: continued 

.Number 

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 ENVIRONMENTAL PROTECTION 

Description (continued) 

Certification of the Hill-V ac Vapor Recovery System for Cargo Tank Motor Vehicle 

Fueling Systems · 

Containment Solutions Hoover Vault Aboveground Tank Vapor Recovery System 

Cretex Companies, Inc Fu_elVault 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 J?iping 

(k) The provisions afl.d requirements of310 CMR 7.24(6)(a) and (b) are subject to the 

enforcement provisions specified in 31.0 CMR 7.52. 

(l) Decommissioning. 

1. Any person subjectto 310 CMR 7.24(6) shall decommission an installed Stage II 

Vapor Recovery System only in accordance with the following requirements: 

. . a Decommissioning will be done m accordance with the PEl Recommended 

Practices for Installation and Testing ofVapor Recovery Systems at Vehicle-fueling 

Sites, PEIIRP300-09, Section 14, Decommissioning Stage II Vapor Recovery 

Piping; and 

b. If not already installed, a California Air Resources Board Enhanced Vapor 

· Recovt;ry (CARB EVR) Pressure Vacuum Vent Valve and CARB EVR rotatable 

product and vapor adaptors as described in the CARB Executive Orders listed in 

310 CMR 7.24(6)(l)l.b.: Tctble 1. and Table 2. shall be installed. Rotatable 

adaptors shall not be required for aboveground storage tanks and c0axial Stage I 

systems.· 

Table 1. 

CARB Underground Storage Tank Enhanced Vapor Recovery System Executive Orders 

Executive Order Number Description Date 

VR-101-N Phil-Tite Phase I Vapor Recovery System. June 8, 2013 

VR-102-0 OPW Phase I Vapor Recovery System. October 3, 2014 . .. 

VR-103-G . EBW Phase I Vapor Recovery System. June 3, 2013 

VR-104-G CNI Manufacturing Phase I Vapor Recovery System. June 8, 2013 

VR-105-D EMCO Wheaton Phase I Vapor Recovery System August 27, 2014 

112/15 310 CMR-250.70.16 
) 

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

Table2. 

CARB Aboveground Storage Tank Enhanced Vapor Recovery System Executive Orders 

Executive Order Number Description Date 

VR-301-F 

VR-302-F 

VR-401-D 

VR-402-B 

G-70-216 

1/2/15 

Standing Loss Control of Vapor Recovery Systems . June3, 2014 

for Existing Installations of Aboveground Storage 

Tanl9; 

Standing Loss Control of Vapor Recovery Systems June 3,2014 

for New Installations of Aboveground Storage Tanks 

OPW Enhanced Vapor Recovery (EVR) System for May 12,2014 

Above Giound Storage Tanks (AST) 

Morrison Brothers Phase I Enhanced Vapor Recovery April!~, 2013 

(EVR) System for Above Ground Storage Tanks 

(AST) 

Extension of Executive Orders for Existing Above March 13, 2014 

Ground Storage Tanks 

2. Prior to re-commencing operations following decommissioning, the following 

· compliance tests, as .applicable, shall be performed: 

a. PresSUre Decay two inch Test (CARB TP-201.3; March 17, 1999); 

b. Vapor Tie Test (San Diego APCD TP-96-1, section 5.1.9; March 1, 1996); 

c. Pressure/Vacuum Vent Valve Test (CARB TP-201.1E; October 8, 2003); 

d. Static Torque Rotatable Adaptor Test (CARB TP-201.1B; October 8, 2003), if 

rotatable adaptors are installed; and as applicable, either: 

e. Leak Rate of Drop Tube/Drain Valve Assembly Test (CARB TP-201.1 C; 

October 8, 2003); or 

f. Leak Rate ·of Drop Tube/Overfill Prevention Devices (CARB T-20L1D; 

October 8, 2003). 

3. If a facility fails any of the tests. cited in 310 CMR 7.24(6)(1)2., the failed 

component shall be replaced with a comparable CARB'EVR component. 

4. Prior to re-commencing operations following decommissioning, a fully completed 

and signed Stage ll Decommissioriing Notification, including a copy of PEl 

Decommissioning Checklist and passing test results for all applicable compliance tests, 

shall be submitted to the Department. 

310 CMR- 250.70.17 
7.24: continued 

310 CMR: DEPARTMENT 0!1 ENVIRONMENTAL PROTECTION 

3. Such limitations shall not apply to the offer, provision, sale, or exchange of gasoline 

not meeting the requirements of310 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 Testing. · --

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 of 310 CMR 7 .24(7). Such compliance testing shall include b:ut 

not be limited to: 

a determination 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 of3l0 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 Sampling. Testing. and Calculating Oxygen Content 

1. Any person determining the oxygen content by weight of gasoline shall use the . 

values listed in Table 7 .24(7)( c) 1., and the methods identified in 31 0 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 

(EP ~) 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 determining the oxygen content by weight of gasoline shall determine 

the mass concentration of each oxygenate in .the sample by one of the following 

methods: . 

a ASTM Method 4815 (Standard Test Method For Deterlnination of C1 to C4 

Alcohols and MTBE in Gasoline by Gas Chromatography); or 

b. Appendix C to EPA's Notice ofGuideliries for Oxygenated Gasoline Credit . 

Prograffis; or 

c. Any other method approved by the Department and EPA. 

4. Any person determining the oxygen content by weight of gasoline shall use the 

oxygen content conversion methodology contained in EPA's Notice ·ofGuidelines for 

Oxygenated Gasoline Credit Programs. 

TABLE 7.24(7)(c)- 1 

SPECIFIC GRAVITY AND WEIGHT FRACTION OXYGEN OF COMMON OXYGENATES 

112/15 

Oxygenate 

Methyl alcohol 

Ethyl alcohol 

Normal propyl alcohol 

Isopropyl alcohol 

Normal butyl alcohol 

Isobutyl alcohol 

Secondary butyl alcohol 

Tertiary butyl alcohol 

Methyl tertiary butyl ether (MTBE) 

Tertiary amyl methyl ether (fAME) 

Ethyl tertiary butyl ether (ETBE) 

Di-isopropyl ether (DIPE) 

Weight Fraction 

Oxygen 

0.4993 

. 0.3473 

0.2662 

0.2662 

0.2158 

0.2158 

0.2158 

0.2158 

0.1815 

0.1566 

0.1566 

0.1566 

Specific 

Gravity 

0.7963 

0.7939 

0.8080 

0.7899 

0.8137 

0.8058, 

0.8114 

0.7922 

0.7460 

0.7752 

0.7452 

0.7300 

310 CMR- 250.70.18