General Laws: CHAPTER 11 

PART I ADMIN ISTRATION OF THE GOVERNMENT 

TITLE XVI PUBLI C HEAL TH 

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 generation 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 electrical 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 similar 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 annual report 

detailing the implementation and compliance of said program , its standards, and its 

companion rules and regulations. 

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter 111 /Sectionl 42N/Print 6/9/2014 
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PART I ADMINISTRATION OF THE GOVERNMENT 

TITLE XVI PUBLIC HEAL TH 

CHAPTER 111 PUBLIC HEAL TH 

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Section 1420 Motor vehicle fuel dispe nsing faci lities; stage II vapo r recovery systems ; operation 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 vehicles, 

"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 vehicle. 

(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 facility 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. This subsection shall not prohibit the department from promulgating 

or enforcing a requirement that a motor vehicle fuel dispensing 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 promulgate 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 compliance requirements at a dispensing facility where the faci lity is 

owned by 1 party, leased or managed by another independent party and both parties have 

separate Stage II compliance responsibilities . 

https://malegislature.gov/Laws/Genera!Laws/PartI/TitleXVI/Chapter 111 /Section1420/Print 61912014 
General Laws: CHAPTER 111, S:: ection 1420 Page 2 of2 

(e) The department shall establish and implement ongoing programs to communicate the 

department's Stage II system standards and operating requirements to motor vehicle fuel 

dispensing facility owners and operators. 

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter 111/Sectionl 420/Print 61912014