### General Laws : CHAPTER 11

PART I ADMIN IS TRAT I ON OF THE GOVERNMENT TITLE XVI PUBLI C HEALTH CHAPTER 111 PUBLIC HEAL TH Section 142N Fossil fuel-fire d electric generation faci lities; uniform performance standards 

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### Section 142N

. For the purpose of preventing , mitigating, or alleviating impacts on the resources of the commonwealth and to the health of its citizens from pollutants emitted by fossil fuel
-fired electric generat i on facilities serving retail customers in the commonwealth , the department of environmental protection shall , in consultation with the office of the attorney general and the department of telecommunications and energy , promulgate rules and regulations to adopt and implement for fossil fuel-fired electric generation facilities uniform generation performance standards of emissions produced per unit of electr i cal output on a portfolio basis for any pollutant determined by the department of environmental protection to be of concern to public health , and produced in quantity by electric generation facilities

. The department of environmental protection shall have said uniform performance standards for at least one pollutant in effect on , but not before, May 1 , 2003, unless three or more other northeastern states enact s i mi la r standards before that date , in which case the department of environmental protection may adopt such standards prior to May 1, 2003

. The department of environmental protection shall issue annually, by March first of each year , an annua l report detailing the implementation and compliance of said program , its standards , and its companion rules and regulations

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https ://maleg i slature.g ov/Laws/General Laws/P artI/Titl eXV I/C hapter 111 / Secti onl 42N/Print 6/9/2014

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PART I ADMINISTRATION OF THE GOVERNMENT TITLE XVI PUBLIC HEALTH CHAPTER 111 PUBLIC HEAL TH , Print

Section 1420 Motor vehicle fuel dispe nsing f aci litie s ; stage II vapo r rec over y syst ems ; operat i on and standa rds

Section 1420_ (a) As used in this section , the following words shall have the following meanings , unless the context clearly requires otherwise: "Motor vehicle fuel dispensing facility " , a motor vehicle fuel facility which dispenses gasoline directly to motor veh i cles,

" Stage II system " , a vapor collection and control system specifically designed for the purpose of controlling vapors during the direct dispensing of motor vehicle fuel to a motor veh icle. (b) The department shall notify a motor vehicle fuel dispensing facility owner and operator , in writing, within 30 days of an inspection , when the department determines that a violation of its stage II system rules has occurred. (c) The department shall not promulgate or enforce a requirement that a motor vehicle fuel dispensing fac i lity with a defective component in the stage II system shall cease dispensing fuel at the facility after the discovery of the defective component if: (i) the facility operator marks the defective component "out of order" ; (ii) the facility operator takes the component out of service until repaired or replaced ; and (iii) the remainder of the stage II system is operating in accordance with the General Laws and the regulations of the department of environmental protection

. Th is subsection shall not prohibit the department from promulgating or enforcing a requirement that a motor veh i cle fuel dispens i ng facility shall cease dispensing fuel after failing the annual compliance test of the stage II system until such time as the system passes the compliance test. (d) The department shall not promu lgate or enforce a requirement that less than 2 responsible individuals or officials shall certify , subject to criminal sanctions or civil penalties , all Stage II system comp l iance requirements at a dispensing facility where the faci l ity is owned by 1 party , leased or managed by another inde pendent party and both parties have separate Stage II compliance responsibilities

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### https: //malegislature.gov/Laws/Genera!Laws/PartI/TitleXVI/Chapter 111 /Sec tion1420/Print 61912 014General Laws : CHAPTER 111 , S:: ection 1420 Pag e 2 of2



### (e) T h e department shall establish and imp le m ent ongoing programs to communicate the de partment's Stage II system standards and op erating requirements to motor veh i cle fuel dis pens i ng facility owners and operators

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https: //malegislature. g o v/Laws/GeneralLaws/PartI/TitleXVI/Chapter 111/Sectionl 420/Print 

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2014