310 CMR, § 7.24

Current through Register 1533, October 25, 2024

Section 7.24 - U Organic Material Storage and Distribution

(1)Organic Material Storage Tanks. No person who owns, leases, operates or controls a storage tank with a capacity equal to or greater than 40,000 gallons, into which organic material having a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions, is placed, stored, or held shall store, hold or otherwise transfer the organic material in the storage tank unless:

(a) each tank is equipped with a submerged fill pipe; and,

(b) each tank not equipped with an external floating roof (see310 CMR 7.24(1)(c)) is equipped with one of the following control devices:

1. a pressure tank system which maintains pressure at all times so as to prevent organic material loss to the atmosphere; or,

2. a vapor recovery system which collects all of the organic vapors emitted from the tank, and a vapor control system which reduces emissions of vapors to the atmosphere by at least 95% over every three hour period; or

3. if the tank does not store organic material with a true vapor pressure greater than 11.0 psia under actual storage conditions, then a fixed roof and a floating roof consisting of a pontoon, double deck, or internal floating roof which rests on the surface of the liquid contents and is equipped with a closure seal, or seals, to close the space between the roof edge and tank wall, and tank gauging and sampling devices which are gas tight except when in use; or,

4. any other equipment equal to or greater in efficiency than listed in 310 CMR 7.24(1)(b)2. and approved by the Department and EPA; and

(c) on or after November 1, 1984, each external floating roof tank is equipped with an external floating roof of a pontoon, double deck, or external floating cover design, which rests on the surface of the liquid contents; and is fitted with a primary seal and a continuous secondary seal which seals the space between the edge of the floating roof and the tank wall; and stores organic material which has a vapor pressure less than 11.0 pounds per square inch absolute under actual storage conditions; and all tank gauging or sampling devices are gas tight except when in use; and,

(d) each of the seal(s) required by 310 CMR 7.24(1)(b)3. and 310 CMR 7.24(1)(c) meet the following requirements, where applicable:

1. there are no visible holes, tears, or other openings in the seal(s) or seal fabric; and,

2. the seal(s) is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and,

3. for vapor mounted primary seals on any external floating roof tank, the accumulated area of gaps between the secondary seal and the tank wall which exceed 0.32 cm (c in.) in width do not exceed 21.2 square cm per meter of tank diameter (1.0 square in per ft of tank diameter), as determined by 310 CMR 7.24(1)(k); and

4. measurement of the gap in the secondary seal is made annually, and such measurement complies with 310 CMR 7.24(1)(d)3.; and,

5. a visual inspection of the secondary closure seal is conducted semi-annually; and,

6. an inspection of internal floating roofs is conducted through the roof hatches monthly; and,

7. an inspection of cover and seal for internal floating roofs is conducted whenever the tank is emptied for nonoperational reasons or once every ten years whichever is sooner; and,

(e) all openings in a floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

1. equipped with covers, seals, or lids which are kept closed except when the openings are in actual use; and,

2. equipped with projections into tank which remain below-the-liquid surface at all times; and

(f) automatic bleeder vents are kept closed except when the roof is being floated off of, or being landed on, the roof leg supports; and,

(g) rim vents are set to open when the roof is being floated off the leg supports, or at the manufacture recommended setting; and,

(h) emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening; and,

(i)Recordkeeping and Reporting. for any tank with a capacity of 40,000 gallons or more which contains an organic liquid with a true vapor pressure greater than 1.5 psia, records are prepared, maintained and kept onsite for a minimum of two years: of the average monthly storage temperature; of the true vapor pressure, monthly throughput and type of organic material stored; of any inspections or tests conducted under 310 CMR 7.24(1)(d)4. through 7.; of any transfers made; and of any maintenance of the vapor processing system; and,

(j) for any tank with a capacity in excess of 40,000 gallons which is equipped with an external floating roof and which contains any organic material with a vapor pressure greater than 1.0 psia but less than 1.5 psia under actual storage conditions, records are maintained and kept for a minimum of two years; of the average monthly storage temperature and the type of liquid stored and its vapor pressure; and

(k) the total area of gaps under 310 CMR 7.24(1)(d)3. is determined by physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a c in. uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and the tank wall, and summing the area of the individual gaps; any person who proposes to conduct this test shall notify the Department at least 30 days before the test so the Department may, at its option, observe the test.

(l)310 CMR 7.24(1)(a) through 310 CMR 7.24(1)(k) do not apply to petroleum liquid storage tanks which are used to store waxy, heavy pour crude oil, or which have a capacity less than 416,000 gallons and are used to store produced crude oil and condensate prior to lease custody transfer.

(2)Bulk Terminals and Bulk Plants.

(a) U Bulk Terminals No person who owns, leases, operates or controls a bulk terminal shall cause, suffer, allow or permit the transfer into a tank truck, trailer or other contrivance of any organic material with a vapor pressure of 1.5 psia or greater under actual storage conditions unless:

1. each loading rack at the bulk terminal is equipped with a vapor collection and disposal system, which has been installed and is maintained and operated in accordance with the operating instructions of the manufacturer; and,

2. any vapor discharged during transfer of the organic material is collected and disposed of by the vapor collection and disposal system; and,

3. the amount of organic material released to the ambient air is less then 80 milligrams per liter of liquid loaded or unloaded over a six hour period, as determined by the reference method and test procedures found in Title 40 CFR 60.503(c) and 60.503(d); and,

4. any transfer of organic material takes place through a submerged fill pipe; and,

5. each loading rack at the bulk terminal is equipped with a loading arm which has a vapor collection adaptor designed, maintained and operated to force a vapor-tight seal between the adaptor and hatch; and,

6. each loading rack at the bulk terminal has a means to:

a. prevent any remaining liquid organic material from draining when the loading rack is disconnected from the hatch of any tank truck, trailer or other contrivances: or,

b. accomplish complete drainage of any remaining organic material before the loading rack is disconnected from the hatch of any tank truck, trailer or other contrivance; or,

c. if loading is effected through means other than a hatch, then all loading and vapor lines shall be equipped with fittings which make vapor-tight connections and which close automatically when disconnected.

(b)CM, MB, MV, PV, SM. Bulk Plants On or after July 1, 1980 no person who owns, leases, operates or controls a bulk plant shall cause, suffer, allow or permit the transfer into any tank truck, trailer or other contrivance of any organic material with a vapor pressure of 1.5 psia or greater under actual storage conditions unless:

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

2. any vapor discharged during transfer of the organic material is processed by vapor balance system.

(c)B, Dukes County, Nantucket County. Bulk Plants. On or after April 1, 1993 no person who owns, leases, operates or controls a bulk plant shall cause, suffer, allow or permit the transfer into a tank truck, trailer or other contrivance of any organic material with a vapor pressure of 1.5 psia or greater under actual storage conditions unless:

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

2. any vapor discharged during transfer of the organic material is processed by a vapor balance system.

(d) Any person who owns, leases, operates or controls a facility which is or becomes subject to 310 CMR 7.24(2)(a) through (c), shall only transfer organic material with a vapor pressure of 1.5 psia or greater under actual storage condition into tank trucks which are in compliance with 310 CMR 7.24(4).

(e) Any person who owns, leases, operates or controls a facility which is or becomes subject to 310 CMR 7.24(2)(a), (b) or (c), shall continue to comply with all requirement of 310 CMR 7.24(2)(a), (b) or (c), respectively, even if the facility no longer meets the applicability requirements of 310 CMR 7.24(2)(a), (b) or (c).

(f) 310 CMR 7.24(2) shall not apply to dispensing of motor vehicle fuel to motor vehicle fuel tanks.

(3)Distribution of Motor Vehicle Fuel.

(a)Applicability.

1. The requirements of 310 CMR 7.24(3) apply to:

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

b. Any owner/operator of a company that performs Stage I compliance tests pursuant to 310 CMR 7.24(3).

2. The requirements of 310 CMR 7.24(3) do not apply to:

a. Stationary motor vehicle fuel storage tanks of less than 550 gallons capacity used exclusively for farm 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 CMR 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;

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. 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/vacuum 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 CARB EVR System in accordance with any one of the Executive Orders listed in 310 CMR 7.24(3)(c)1.: 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)1.: 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 with non-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)1.: 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 of 2.5 to 6.0 inches of water 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 of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of four inches of water;

h. The vapor balance system shall be capable of meeting the static pressure performance requirement of the following equation:

Click to view image

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.NESHAPS 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 CCCCCC 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)1.: Table 1 pursuant to 40 CFR Part 63.11120(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 CARB EVR System Executive Orders listed in 310 CMR 7.24(3)(c)1.: Table 1. and Table 2.

Table 1.

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

Executive Order Number	Description	Date
VR-101-V	Phil-Tite/EBW/FFS Phase I Vapor Recovery System	April 27, 2022
VR-102-V	OPW Phase I Vapor Recovery System	May 31, 2021
VR-104-L	CNI Manufacturing Phase I Vapor Recovery System	May 31, 2021
VR-105-J	EMCO Wheaton Phase I Vapor Recovery System	May 31, 2021

Table 2.

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

Executive Order Number	Description	Date
VR-301-I	Standing Loss Control of Vapor Recovery Systems for Existing Installations of Aboveground Storage Tanks	June 26, 2020
VR-302-I	Standing Loss Control of Vapor Recovery Systems for New Installations of Aboveground Storage Tanks	June 26, 2020
VR-401-F	OPW Phase I Enhanced Vapor Recovery (EVR) System for Aboveground Storage Tanks (AST)	July 17, 2019
VR-402-E	Morrison Brothers Phase I Enhanced Vapor Recovery (EVR) System for Aboveground Storage Tanks (AST)	July 17, 2019
G-70-216	Extension of Effective Dates for Existing Aboveground Storage Tanks	March 13, 2014

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

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 and 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, 1015 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 performed the inspection;

b. Any Stage I system component determined to be incorrectly installed, non-functioning 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.

(e)Stage I Compliance Testing and Certification.

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/VacuumVent Valve Test (CARB TP-201.1E; October 8, 2003);

iv. Static Torque Rotatable Adaptor Test (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. Pressure/VacuumVent 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)1. 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)1. The owner/operator 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.

4.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 of performing 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 operated 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)1. were performed and passed.

5.Alternative Annual In-use Compliance Certification.

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. subject to all compliance tests listed in 310 CMR 7.24(3)(e)1. as applicable, in 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, comply with the requirements of 310 CMR 7.24(3)(e)4., until such time as 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 Compliance 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 revise the annual certification submittal due date and shall set a revised submittal due date 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 envelope used to submit the document to the Department; or

iii. 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 facility whose Stage I system fails one or more in-use compliance tests required by 310 CMR 7.24(3)(e)1. shall:

a. Immediately repair or replace the incorrectly installed, non-functioning or broken component in accordance 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. Continue 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 the 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.

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).

10. 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 accordance with the applicable Executive Orders and 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 of 310 CMR 7.24(3)(e)1. shall be performed only by a compliance testing company that has submitted a Compliance Testing Company Notification to the Department as required by 310 CMR 7.24(3)(h)1.

(f)Notification Requirements.

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 of becoming 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 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.

2. Any owner/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 owner/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/operator 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;

(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 CMR 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 310 CMR 7.24(3)(e)1. and submit to the Department a fully completed Installation/Substantial Modification Certification as required by 310 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 Compliance.

1. Except in circumstances described in 310 CMR 7.24(3)(g)2., any Certification required by 310 CMR 7.24(3)(e) or Notification required 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 310 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 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;

b. that systems to maintain compliance are in place at the facility and will be maintained for the coming year even if the processes or operating procedures are changed over the course of the year; and

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

(h)Compliance Testing Company Requirements.

1. If an owner/operator, employee or contractor of a compliance testing company performs Stage I compliance tests to meet the requirements of 310 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 any business that is engaged in the installation or Substantial Modification of Stage I systems and is owned, operated, 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 facility subject to 310 CMR 7.24(3) that is owned, operated, leased or controlled by, or affiliated with the owner/operator of the compliance testing company;

iv. The address and telephone number of the facility(ies) from which the daily compliance testing activities of the compliance testing company originate and at which any records required by 310 CMR 7.24(3)(h)10. are maintained;

v. A written description of the employee training systems in place at the compliance testing company to ensure required compliance tests are performed as required by applicable protocols and procedures, pursuant to 310 CMR 7.24(3)(h)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 Compliance Testing Company Notification shall be signed by an individual who is a Responsible Official for the compliance testing company, who shall attest to the following:

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)1. within 14 days of the effective date of such change. Upon the Department's written request, the person shall submit a fully revised and completed Notification to the Department as required by the requirements of 310 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 said 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 9:00 A.M. of the day the scheduled tests are to occur. Additions to a submitted compliance-testing schedule shall be submitted to the Department, in writing, no less than two working days prior to the date of any scheduled test.

c. Failure to comply with the Notification requirements 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 failed Stage I compliance tests performed as required by 310 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 of 310 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.

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)1.

8. An owner/operator of a compliance testing company shall certify to the Department that each compliance test performed to meet the requirements of 310 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:

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)1.a.:

a. A complete set of records 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 performed;

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 310 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; and

iii. The signature of the person or employee 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 of 310 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 issued pursuant thereto, shall be construed to limit any right of the Department to take enforcement action pursuant to any other authority.

(j)Enforcement Provisions. The provisions and requirements of 310 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 310 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 the tank truck to be loaded or unloaded unless the tank truck:

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 178.340-10 b, 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 all points of the perimeter of a potential leak source during transfer operations at the loading rack or stationary tank; and

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

(c) The owner/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 of 310 CMR 7.24(4)(a) or (b).

(e) [Reserved]

(f) Copies of all records and reports required under 310 CMR 7.24 shall immediately be made available to the Department upon verbal or written request, at any reasonable time.

(g) At the discretion of the Department, the requirements for testing and marking motor vehicle fuel tank trucks subject to 310 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.

(j) 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 only 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 Dispensing of Motor Vehicle Fuel.

(a)Applicability and Installation Requirements.

1. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing facility 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)(l).

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 II system with an annual throughput of less than 500,000 gallons, an extension of up to two years after two years from January 2, 2015 to decommission the Stage II system based on financial hardship or extenuating circumstances.

4. 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 maintain and operate the Stage II system in accordance with 310 CMR 7.24(6) until the Stage II system is decommissioned in accordance with 310 CMR 7.24(6)(l).

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 position adjacent to the dispensers that is clearly visible to the system operator during the refueling process. Such instructions shall include:

a. a clear pictorial or written description of how to correctly dispense motor vehicle fuel using the installed Stage II system;

b. a warning not to continue dispensing motor vehicle fuel ("topping-off") after automatic system shutoff has engaged; and c. the telephone number of the Department's Stage II Consumer Hotline.

(b)Operation and Maintenance Requirements.

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 II 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 II System; or

ii. within four years of January 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 terms and conditions of the system's currently applicable Executive Order within 14 days of the date such component is determined to be incorrectly installed, non-functioning or broken; or

iii. decommission the Stage II system in accordance with 310 CMR 7.24(6)(l).

e. If an incorrectly installed, non-functioning or broken component cannot be repaired as required by 310 CMR 7.24(6)(b)1.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 II system is decommissioned in accordance with 310 CMR 7.24(6)(l).

f. If an incorrectly installed, non-functioning or broken component cannot be repaired or isolated as required by 310 CMR 7.24(6)(b)1.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 Executive Order or the Stage II system is decommissioned in accordance with 310 CMR 7.24(6)(l).

2. A visual inspection of a Stage II system to meet the requirements of 310 CMR 7.24(6)(b)1.c. 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 copy 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 made available to the Department or EPA immediately upon request. In the event requested records cannot be made immediately available, 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 Requirements.

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 pursuant to 310 CMR 7.24(6)(d) and submit to the Department within seven days of performing and passing said tests, a fully completed and signed Installation/Substantial Modification Certification, on a 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.

3.Annual In-use Compliance Certification. Except as provided in 310 CMR 7.24(6)(c)4., any person subject to 310 CMR 7.24(6) shall annually submit to the Department a fully completed and signed Annual In-use Compliance Certification, on a form obtained from the Department, attesting to the following:

a. the installed Stage II system is operated and maintained as 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.Vapor Balance Systems.

(i) Annual in-use compliance tests: Pressure Decay Test; Vapor Tie Test; P/V Vent Test.

(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; P/V 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 annually.

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 310 CMR 7.24(6)(c)3. in which all applicable in-use compliance tests were passed on the first try, as certified pursuant to 310 CMR 7.24(6)(g)8., may elect to submit annually to the Department an Alternative Annual 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 7.24(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 II system is correctly operated and maintained as required by 310 CMR 7.24(6)(b);

ii. all applicable compliance tests were performed and passed as required by 310 CMR 7.24(6)(c)4.a.ii., and

iii. The applicable compliance tests were 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 in compliance with the requirements of 310 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 310 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 II 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)1. or the date the facility commenced operation, whichever occurs first; and

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 310 CMR 7.24(6)(c)3.b. no less than 90 days prior to the first annual submittal date established by the Department.

c. Upon request of any person subject to 310 CMR 7.24(6), the Department may revise said person's annual Certification submittal date. Such revision shall set a revised annual submittal date that is no more than 12 months after the otherwise applicable submittal date.

6. Any person who owns, leases, operates or controls a Stage II system that fails one or more in-use compliance tests required by 310 CMR 7.24(6)(c)3. or 4., shall immediately:

a. 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 Order; or

ii. decommission the Stage II system in accordance with 310 CMR 7.24(6)(l);

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 30 days of the date of the Stage II system's first passing test result as required by 310 CMR 7.24(6)(c)3.c. or 310 CMR 7.24(6)(c)4.c., as applicable, whichever occurs first.

7. If a facility fails one or more required in-use compliance tests and the incorrectly installed, non-functioning or broken components cannot be repaired as required by 310 CMR 7.24(6)(c)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 system 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)(l).

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 310 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 system 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 in-use compliance tests are performed and passed as required by 310 CMR 7.24(6)(c)3. or 4., as applicable; and

c. a fully completed Annual In-use Compliance Certification has been submitted to the Department as required by 310 CMR 7.24(6)(c)3.

d. If a facility fails one or more required in-use compliance tests and is subject to 310 CMR 7.24(6)(c)8., for purposes of compliance with the Annual In-use Compliance Certification submittal requirements of 310 CMR 7.24(6)(c)3. or 4., the person who owns, operates, leases or controls 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 submittal 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)(f).

10. Any person subject to 310 CMR 7.24(6), upon written notice from the Department, shall perform such compliance tests as the Department determines necessary to demonstrate the Stage II system is installed and maintained as required by the terms and conditions of the system's currently applicable Executive Order and shall submit the results to the Department within 14 days of the performance of said tests.

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 submitted, 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. Pressure Decay Test, Vapor Tie Test, P/V Vent Test and Dynamic Pressure/Liquid Blockage Test

2.Vacuum Assist Systems. Pressure Decay Test, Vapor Tie Test, P/V 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 Ground Storage System (Executive Order # G-70-187) and Franzen-Hill Cargo Tank Truck System (Executive Order # G-70-193):

i. Pressure Decay Test:

ii. Vapor Tie Test;

iii. P/V Vent Test;

iv. Exhibit 4: Vapor Return Line Vacuum Integrity Test; and

v. Exhibit 5: Fill neck Vapor Pressure Regulation Fueling Test.

b. Healy 600 (Executive Order # G-70-165):

i. Pressure Decay Test;

ii. Vapor Tie Test;

iii. P/V Vent Test;

iv. Air-to-liquid Ratio Test; and

v. Exhibit 4: Vapor Return Line Vacuum Integrity Test.

4. Compliance tests performed to meet the requirements of 310 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)1.

(e)Notification Requirements.

1. Any person, upon entering into a purchase, lease or other contractual agreement by which said person becomes the owner, operator, lessee or controller of an existing motor vehicle fuel dispensing facility or tank truck subject to 310 CMR 7.24(6) shall submit to the Department, within 30 days of the effective date of becoming such an owner, operator, lessee or controller or 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.

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:

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 to 310 CMR 7.24(6), shall submit to the Department, within 30 days of the effective date of said sale, lease or other contractual agreement, a signed 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. the name of the new owner, operator, lessee or controller of the facility or tank truck subject to 310 CMR 7.24(6) and related business information, including the new facility name and address or the address from which the tank truck is principally operated, as applicable; and c. the effective date of the change of owner, operator, lessee or controller.

3. Any person subject to the requirements of 310 CMR 7.24(6) seeking to permanently or temporarily take out-of-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 include the following:

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

ii. the 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-of-service, 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 with 310 CMR 7.24(6)(l).

c. A Stage II system shall not be temporarily out-of-service for more than two years. d. Any person subject to the requirements of 310 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 applicable 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 II System Responsible Official as required by 310 CMR 7.24(6)(f).

(f)Stage II System Responsible Official Certification of Compliance.

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

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 truck, as applicable.

3. Any person immediately responsible for obtaining information referenced in 310 CMR 7.24(6)(f), who knowingly and willfully makes false, inaccurate, incomplete or misleading statements pursuant to any Certification or Notification required under 310 CMR 7.24(6), may be in violation 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 of 310 CMR 7.24(6).

(g)Compliance Testing Company Requirements.

1. Any person who owns, leases, operates or controls a company that performs Stage II compliance tests to meet the requirements of 310 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 II compliance test.

a. the Notification shall include the following:

i. the name and business mailing address of the Stage II compliance testing company owner, operator, lessee or controller;

ii. the name and address of any business that is engaged in the installation or Substantial Modification of Stage II systems and is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller of the compliance testing company;

iii. the name and address of any motor vehicle fuel dispensing facility or tank truck subject to 310 CMR 7.24(6) that is owned, operated, leased or controlled by, or affiliated with the owner, operator, lessee or controller of the compliance testing company;

iv. the address and telephone number of the facility(ies) from which the daily compliance testing activities of the compliance testing company originate and at which any records required by 310 CMR 7.24(6)(g)10. are maintained;

v. a written description of the employee training systems in place at the compliance testing company to ensure required compliance tests are performed as required by applicable protocols and procedures, pursuant to 310 CMR 7.24(6)(g)6. and 7; and

vi. a list of all Compliance Testing Company Responsible Officials with the authority to sign Compliance Testing Company Certifications on behalf of the compliance testing company.

b. Each Notification shall be signed by an individual who is a Responsible Official regarding the compliance testing company, who shall attest to the following:

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 completed Notification to the Department as required by the requirements of 310 CMR 7.24(6)(g)1.

3. No person subject to 310 CMR 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 310 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 than 9 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 test.

c. Failure to comply with the Notification requirements of 310 CMR 7.24(6)(g) 4. may be a basis for the Department to determine that tests conducted after inadequate notice are invalid.

5. Any person subject to the requirements of 310 CMR 7.24(6)(g) shall immediately notify the Department of any failed Stage II compliance tests performed as required by 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

b. all motor vehicle fuel dispensing facilities with two or more motor vehicle fuel storage tanks are properly manifolded as required by the terms and conditions of the system's currently applicable Executive Order.

7. Any person subject to 310 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.

Table A. MINIMUM ALLOWABLE PRESSURE (Based on an initial pressure of 10.0" wc.)
Ullage (Gal)	Minimum Allowable Pressure ("wc)	Ullage (Gal)	Minimum Allowable Pressure ("wc)
500	3.70	6,000	9.38
600	4.50	7,000	9.46
700	5.20	7,500	9.50
800	5.80	8,000	9.52
900	6.20	9,000	9.56
1,000	6.50	10,000	9.60
1,250	7.05	11,000	9.62
1,750	7.90	12,000	9.64
2,000	8.20	13,000	9.66
2,250	8.35	14,000	9.68
2,500	8.50	15,000	9.70
2,750	8.60	16,000	9.71
3,000	8.70	17,000	9.71
3,250	8.80	18,000	9.72
3,500	8.90	19,000	9.73
3,750	9.00	20,000	9.73
4,000	9.10	21,000	9.74
4,250	9.15	22,000	9.75
4,500	9.20	23,000	9.75
4,750	9.25	24,000	9.76
5,000	9.30	25,000	9.77
30,000	9.80
Note: For a valid test, total ullage must be at least 500 gallons but no more than 30,000 gallons.

b. Underground Piping Check (Vapor Tie) Test (San Diego County 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) P/V 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/in²or 2.0 inches of water column of the vacuum settings.

d. Air-to-liquid Volume Ratio Test (CARB TP-201.5).

e. Dynamic Pressure/Liquid Blockage Test (CARB TP-201.4).

f. Healy 400 ORVR (Executive Order # G-70-186), Healy 400 ORVR Above Ground Storage System (Executive Order # G-70-187) and Franzen-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 Line Vacuum Integrity Test.

8. Any person subject to 310 CMR 7.24(6)(g) shall certify to the Department that each compliance test performed to meet the requirements of 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:

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:

b. I am fully authorized to make this attestation on behalf of this Stage II 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)1.a.iv:

a. A complete set of records of compliance tests performed to meet the requirements of 310 CMR 7.24(6)(c). Such records shall include, by facility address:

i. the date and 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)10. shall be made available to the Department or the US EPA immediately upon the request of either.

(h) Violations of 310 CMR 7.24(6). For any person subject to 310 CMR 7.24(6) it shall be a violation of 310 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, inaccurate, incomplete or misleading statements in any Certification or Notification required by to 310 CMR 7.24(6);

3. make any false, inaccurate, incomplete or misleading statements in any record, report, plan, file, log or register which said person is required to keep pursuant to 310 CMR 7.24(6);

4. hold themselves out as a responsible official in violation of the applicable requirements 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.

Number	Description
G-70-7-AD	Certification of the Hasstech Model VCP-2 and VCP 2A Phase II Vapor Recovery System.
G-70-14-AA	Recertification of Red Jacket Aspirator Assist Phase II Vapor Recovery System.
G-70-17-AD	Modification of Certification of the Emco Wheaton Balance Phase II Vapor Recovery System.
G-70-18-C	Modification of Certification of the Shell Model 75B1 and 75B1-R3 Service Station Phase II Vapor Recovery System.
G-70-23-AC	Recertification of the Exxon Balance Phase II Vapor Recovery System.
G-70-25-AA	Recertification of the Atlantic Richfield Balance Phase II Vapor Recovery System.
G-70-33-AB	Certification of the Modified Hirt VCS-200 Vacuum Assist Phase II Vapor Recovery System.
G-70-36-AD	Modification of Certification of the OPW Balance Phase II Vapor Recovery System.
G-70-37-B	Modification of the Certification of the Chevron Balance Phase II Vapor Recovery System with OPW nozzles for Service.
G-70-38-AB	Recertification of the Texaco Balance Phase II Vapor Recovery System.
G-70-48-AA	Recertification of the Mobil Oil Balance Phase II Vapor Recovery System.
G-70-49-AA	Recertification of the Union Balance Phase II Vapor Recovery System.
G-70-52-AM	Certification of Components for Red Jacket, Hirt and Balance Phase II Vapor Recovery System.
G-70-53-AA	Recertification of the Chevron Balance Phase II Vapor Recovery System.
G-70-77	Certification of the OPW Repair/Replacement Parts and Modification of the Certification of the OPW Balance Phase II Vapor Recovery System.
G-70-78	Certification of the E-Z Flo Nozzle Company Rebuilt Vapor Recovery Nozzles and Vapor Recovery Components.
G-70-101-B	Certification of the E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles and Use of E-Z Flo Components with OPW Models 11VC and 11 VE Vapor Recovery Nozzles.
G-70-107	Certification of Rainbow Petroleum Products Model RA3003, RA3005, RA3006 and RA3007 Vapor Recovery Nozzles and Vapor Recovery Components.
G-70-110	Certification of Stage I and II Vapor Recovery Systems for Methanol Fueling Facilities.
G-70-118-AB	Certification of Amoco V-1 Vapor Recovery System.
G-70-125-AA	Modification of the Certification of the Husky Model V Phase II Balance Vapor Recovery Nozzle.
G-70-127	Certification of the OPW Model 111-V Phase Vapor Recovery Nozzle.
G-70-134	Certification of the EZ Flo Rebuilt A-4000 Series and 11V-Series Vapor Recovery System.
G-70-139	Addition to the Certification of the Hirt Model VCS-200 Phase II Vapor Recovery System.
G-70-150-AE	Modification of the Certification of the Gilbarco VaporVac Phase II Vapor Recovery System.
G-70-153-AD	Modification to the Certification of the Dresser/Wayne WayneVac Phase II Vapor Recovery System.
G-70-154-AA	Modification to the Certification of the Tokheim MaxVac Phase II Vapor Recovery System.
G-70-159-AB	Modifiaction of the Certification of the Saber Nozzle for Use with the Gilbarco VaporVac Phase II Vapor Recovery System.
G-70-163-AA	Certification of the OPW VaporEZ Phase II Vapor Recovery System.
G-70-164-AA	Modification to the Certification of the Hasstech VCP-3A Vacuum Assist Phase II Vapor Recovery System.
G-70-165	Healy Vacuum Assist Phase II Vapor Recovery System.
G-70-169-AA	Modification to the Certification of the Franklin Electric INTELLIVAC Phase II Vapor Recovery System.
G-70-170	Certification of the EZ-flo Rebuilt 5005 and 5015 for use with the Balance Phase II Vapor Recovery System.
G-70-177-AA	Certification of the VCS400-7 Vacuum Assist Phase II Vapor Recovery System.
G-70-179	Certification of the Catlow ICVN-V1 Vacuum Assist Phase II Vapor Recovery System.
G-70-180	Order Revoking Certification of the Healy Phase II Vapor Recovery Systems for Gasoline Dispensing Systems.
G-70-183-AA	Certification of the Healy/Franklin Vacuum Assist Phase II Vapor Recovery System.
G-70-186	Certification of the Healy Model 400 ORVR Vapor Recovery System.
G-70-188	Certification of the Catlow ICVN Vapor Recovery Nozzle System for use with the Gilbarco VaporVac Vapor Recovery System.
G-70-191AA	Healy/Franklin VP-1000 Vapor Pump Phase II Vapor Recovery System(Healy ORVR Phase II Vapor Recovery System).
G-70-196	Certification of the Saber Technologies, LLC SaberVac VR Phase II Vapor Recovery System
G-70-199-AJ	Certification of the Gasoline Dispensing Nozzles to the Liquid Retention of 350 milliliters per 1,000 Gallons Dispensed.
VR-201-A	Healy System Inc. Phase II Enhanced Vapor Recovery (EVR) System Not Including ISD
EVR-202-A	Healy Phase II Enhanced Vapor Recovery System Including Veeder-Root ISD System
G-70-204-A	Certification of the Gilbarco VaporVac/OPW Vaporsaver ORVR-Compatible System

(j)Department Adopted Carb Stage Ii System Executive Orders for Aboveground Storage Tank Vapor Recovery Systems.

Number	Description
G-70-102-A	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
G-70-116-F	ConVault Aboveground Tank Vapor Recovery System
G-70-128	Bryant Fuel Cell Aboveground Tank Vapor Recovery System
G-70-130A	Petrovault Aboveground Tank Vapor Recovery System
G-70-131A	Tank Vault Aboveground Tank Vapor Recovery System
G-70-132-A	Supervault Aboveground Tank Vapor Recovery System
G-70-132-B	Supervault Aboveground Tank Vapor Recovery System
G-70-136	FireSafe Aboveground Tank Vapor Recovery System
G-70-137	FuelSafe Aboveground Tank Vapor Recovery System
G-70-138	Phase II Vapor Recovery Systems Installed on Gasoline Bulk Plants/Dispensing Facilities with Aboveground Tanks
G-70-139	Addition to the Certification of the Hirt Model VCS-200 Phase II Vapor Recovery System
G-70-140-A	Integral Phase I and Phase II Aboveground Tank Configurations with the Healy Phase II Vapor Recovery System
G-70-142-B	Phase I Vapor Recovery System for Aboveground Gasoline Storage Tanks
G-70-143	P/T Vault Aboveground Tank Vapor Recovery System
G-70-147-A	New United Motors Manufacturing, Incorporated Phase II Vapor Recovery System at the Fremont, California Assembly Plant
G-70-148-A	Lube Cube Aboveground Tank Vapor Recovery System
G-70-152	Moiser Brothers Tanks and Manufacturing Aboveground Tank Vapor Recovery System
G-70-155	Petroleum Marketing Aboveground Tank Vapor Recovery System
G-70-156	Ecovault Aboveground Tank Vacuum Assist Vapor Recovery System
G-70-157	Ecovault Aboveground Tank Balance Vapor Recovery System
G-70-158-A	Firesafe Aboveground Tank Vapor Recovery System
G-70-160	Aboveground Tank Vault Vapor Recovery System
G-70-161	Hoover Containment Systems, Incorporated Fuelmaster Aboveground Tank Vapor Recovery System
G-70-162-A	Steel Tank Institute Fireguard Aboveground Tank Vapor Recovery System
G-70-167	EnviroVault Aboveground Tank Vapor Recovery System
G-70-168	Bryant Fuel Systems Phase I Vapor Recovery System
G-70-175	Hasstech VCP-3A Vacuum Assist Phase II Vapor Recovery System for Aboveground Tank Systems
G-70-181	Hirt VCS400-7 Bootless Nozzle Phase II Vapor Recovery System for Aboveground Storage Tank Systems
G-70-187	Healy Model 400 ORVR Vapor Recovery System for Aboveground Tank Systems
G-70-190	Guardian Containment, Corporation Armor Cast Aboveground Tank Vapor Recovery System
G-70-192	Certification of the Healy Model 400 ORVR Nozzle for Existing Aboveground Storage Tank Systems
G-70-193	Certification of the Hill-Vac Vapor Recovery System for Cargo Tank Motor Vehicle Fueling Systems
G-70-194	Containment Solutions Hoover Vault Aboveground Tank Vapor Recovery System
G-70-195	Cretex Companies, Inc FuelVault Aboveground Tank Vapor Recovery System
G-70-197	Synchrotek Fastflo 3 Phase II Vapor Recovery System
G-70-200	Oldcastle Aboveground Below-grade Fuel Vault with Balance Vapor Recovery System and Buried Vapor Return Piping
G-70-201	Oldcastle Aboveground Below-grade Fuel Vault with Balance Vapor Recovery System and Trenched Vapor Return Piping
G-70-202	Oldcastle Aboveground Below-grade Fuel Vault with Gilbarco VaporVac Phase II Recovery System and Trenched Vapor Return Piping

(k) The provisions and requirements of 310 CMR 7.24(6)(a) and (b) are subject to the enforcement provisions specified in 310 CMR 7.52.

(l)Decommissioning.

1. Any person subject to 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 in accordance with the PEI Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle-fueling Sites, PEI/RP300-09, Section 14, Decommissioning Stage II Vapor Recovery Piping; and

b. If not already installed, a California Air Resources Board Enhanced Vapor Recovery (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)1.b.: Table 1. and Table 2. shall be installed. Rotatable adaptors shall not be required for aboveground storage tanks and coaxial 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-O	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

Table 2.

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 Existing Installations of Aboveground Storage Tanks	June 3, 2014
VR-302-F	Standing Loss Control of Vapor Recovery Systems for New Installations of Aboveground Storage Tanks	June 3, 2014
VR-401-D	OPW Enhanced Vapor Recovery (EVR) System for Above Ground Storage Tanks (AST)	May 12, 2014
VR-402-B	Morrison Brothers Phase I Enhanced Vapor Recovery (EVR) System for Above Ground Storage Tanks (AST)	April 15, 2013
G-70-216	Extension of Executive Orders for Existing Above Ground Storage Tanks	March 13, 2014

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-201.1D; October 8, 2003).

3. If a facility fails any of the tests cited in 310 CMR 7.24(6)(l)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 II Decommissioning Notification, including a copy of PEI Decommissioning Checklist and passing test results for all applicable compliance tests, shall be submitted to the Department.

(7)Oxygenated Gasoline Composition and Use.

(a)Applicability.

1.310 CMR 7.24(7) applies to any person who owns, leases, operates, or controls one or more of the following in the Commonwealth of Massachusetts as defined in 310 CMR 7.00:

a. Bulk plants;

b. Bulk terminals;

c. Tank trucks subject to 310 CMR 7.24(4);

d. Gasoline marketing facilities; or e. Motor vehicle fuel dispensing facilities.

2. If the Department verifies a violation of the eight hour carbon monoxide National Ambient Air Quality Standard within Boston, Cambridge, Chelsea, Everett, Malden, Medford, Quincy, Revere or Somerville, in the next applicable oxygenated gasoline control period, no person subject to 310 CMR 7.24(7)(a)1. shall provide, offer for sale, use, sell, or exchange in trade any gasoline in the oxygenated gasoline control area, during the oxygenated gasoline control period, which is not oxygenated gasoline, except where an emergency exemption has been issued by the Department pursuant to 310 CMR 7.24(7)(g).

3. Such limitations shall not apply to the offer, provision, sale, or exchange of gasoline not meeting the requirements of 310 CMR 7.24(7)(a)2. by subject bulk plants, bulk terminals, or tank trucks during the oxygenated gasoline control period to gasoline marketing facilities or motor vehicle fuel dispensing facilities located outside the oxygenated gasoline control area.

(b)Compliance 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 but 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 of 310 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 310 CMR 7.24(7)(c)2., 3., and 4. All volume measurements shall be adjusted to 60°F.

2. Any person determining the oxygen content by weight of gasoline shall obtain a representative sample in accordance with the US Environmental Protection Agency's (EPA) sampling method as detailed in Title 40 CFR Part 80, Appendix D or any other sampling method approved by the Department and EPA.

3. Any person 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 Determination of C1 to C4 Alcohols and MTBE in Gasoline by Gas Chromatography); or

b. Appendix C to EPA's Notice of Guidelines for Oxygenated Gasoline Credit Programs; 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 of Guidelines for Oxygenated Gasoline Credit Programs.

TABLE 7.24(7)(c) - 1.

SPECIFIC GRAVITY AND WEIGHT FRACTION OXYGEN OF COMMON OXYGENATES

Oxygenate	Weight Fraction Oxygen	Specific Gravity
Methyl alcohol	0.4993	0.7963
Ethyl alcohol	0.3473	0.7939
Normal propyl alcohol	0.2662	0.8080
Isopropyl alcohol	0.2662	0.7899
Normal butyl alcohol	0.2158	0.8137
Isobutyl alcohol	0.2158	0.8058
Secondary butyl alcohol	0.2158	0.8114
Tertiary butyl alcohol	0.2158	0.7922
Methyl tertiary butyl ether (MTBE)	0.1815	0.7460
Tertiary amyl methyl ether (TAME)	0.1566	0.7752
Ethyl tertiary butyl ether (ETBE)	0.1566	0.7452
Di-isopropyl ether (DIPE)	0.1566	0.7300

(d)Record Keeping.

1. All records and documentation maintained in compliance with 310 CMR 7.24(7)(d)2., 3., and 4. shall be retained on site, or, upon the written agreement from the Department, in a centralized location, for not less than two calendar years, and shall be made available for review upon request of the Department.

2. Any person who owns, leases, operates, or controls a bulk plant or bulk terminal subject to 310 CMR 7.24(7) shall maintain records containing the following information:

a. Results of all compliance testing, including the test method and sampling procedure, and the name and address of the person performing such testing.

b. All transfer documents specified in 310 CMR 7.24(7)(e)1.

3. Any person who owns, leases, operates, or controls a tank truck subject to 310 CMR 7.24(7) shall maintain records containing the following information:

a. All transfer documents specified in 310 CMR 7.24(7)(e)1.

b. All transfer documents specified in 310 CMR 7.24(7)(e)2.

4. Any person who owns, leases, operates, or controls a gasoline marketing facility or motor vehicle fuel dispensing facility subject to 310 CMR 7.00 shall maintain records containing the following information:

All transfer documents specified in 310 CMR 7.24(7)(e)2.

(e)Transfer Documents.

1. Any person who owns, leases, operates, or controls a bulk plant or bulk terminal subject to 310 CMR 7.24(7) shall provide a transfer document for the purposes of documenting each transfer of oxygenated gasoline from said plant or terminal to a subject tank truck. Said transfer document may consist of an invoice, bill of lading, shipping paper or other documentation, and shall include, but need not be limited to, the following information:

a. a statement that the oxygenated gasoline transferred complies with the requirements of 310 CMR 7.24(7)(a)2.;

b. the date and quantity of oxygenated gasoline transferred;

c. the name and address of the person owning, leasing, operating, or controlling said bulk plant or bulk terminal from which oxygenated gasoline is transferred; and d. The name and address of the person owning, leasing, operating, or controlling said tank truck to which oxygenated gasoline is transferred.

2. Any person who owns, leases, operates, or controls a tank truck subject to 310 CMR 7.24(7) shall provide a transfer document for the purposes of documenting each transfer of oxygenated gasoline from said tank truck to a subject gasoline marketing facility or motor vehicle fuel dispensing facility. Said transfer document may consist of an invoice, bill of lading or other documentation, and shall include, but need not be limited to, the following information:

a. a statement that the oxygenated gasoline transferred complies with the requirements of 310 CMR 7.24(7)(a)2.;

b. the date and quantity of oxygenated gasoline transferred;

c. the name and address of the person owning, leasing, operating, or controlling said tank truck from which oxygenated gasoline is transferred; and

d. The name and address of the person owning, leasing, operating, or controlling said gasoline marketing facility or motor vehicle fuel dispensing facility to which oxygenated gasoline is transferred.

(f)Dispenser Labeling.

1. Each gasoline marketing facility or motor vehicle fuel dispensing facility subject to 310 CMR 7.24(7)(f) shall permanently affix a label to each gasoline dispensing device as specified in 310 CMR 7.24(7)(f)2.

2. The label shall state the following: "From November 1^st through the last day of February, the gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles."

3. Any label required pursuant to 310 CMR 7.24 shall be:

a. Posted on the upper a, of the pump or dispenser unit face which depicts the volume and cost of gasoline dispensed, such that the label is clear, conspicuous, and easily readable to a driver in the vehicle to which gasoline may be dispensed; and

b. Is clearly legible and in block letters that are:

i. No less than 20-point bold type; and

ii. In a color that contrasts with the background on which they are placed.

(g)Emergency Exemption.

1. In extreme and unusual circumstances, such as a natural disaster or other event outside of the control of the applicant, such that the applicant has an insufficient supply of oxygenated gasoline, and which could not have been avoided by the exercise of prudence, diligence, and due care the Department may approve an application for an emergency exemption if the applicant demonstrates, in writing, to the Department's satisfaction that:

a. the emergency exemption is in the public interest;

b. the applicant has exercised prudent planning and was not able to avoid the insufficient supply of oxygenated gasoline and has taken all reasonable steps to minimize the extent of the insufficient supply of oxygenated gasoline;

c. the applicant can show how the requirements for oxygenated gasoline will be expeditiously met; and d. the applicant will not incur a financial gain from the granting of such an emergency exemption.

2. The Department may elect to hold a public hearing on any request for an emergency exemption.

3. No person who applies, in writing, for an emergency exemption shall provide, offer for sale, sell, or exchange in trade any gasoline other than oxygenated gasoline during the oxygenated gasoline control period in the oxygenated gasoline control area without the written approval of the Department.

4. An emergency exemption issued by the Department shall not exceed 30 days. Said exemption may be renewed by the Department upon written demonstration of need, consistent with the requirements of 310 CMR 7.24(7)(g).

5. Any person to whom the Department has issued an emergency exemption shall:

a. Only provide, offer for sale, sell, or exchange in trade gasoline with an oxygen content of at least 2% by weight during the oxygenated gasoline control period;

b. Maintain records required by 310 CMR 7.24(7)(d)1. documenting the quantity of gasoline sold or transferred each day; and

c. Within 30 days of the end of the emergency exemption, submit a report to the Department in writing summarizing the information contained in such records.

(h) The provisions of 310 CMR 7.24(7) may be enforced pursuant to 310 CMR 7.52.

(8)Marine Volatile Organic Liquid Transfer.

(a)Applicability. 310 CMR 7.24(8) applies to any person who owns, leases, operates, or controls a marine terminal or marine tank vessel which:

1. takes part in a loading event which transfers an organic liquid, or in which any liquid is transferred into a marine vessel cargo tank which previously held an organic liquid; or,

2. which performs ballasting or cleaning operations on a cargo tank which previously held organic liquid while the vessel is moored at a dock or other permanent stationary structure. The provisions of 310 CMR 7.24(8) do not apply to lightering operations.

(b)Reasonably Available Control Technology (RACT) Requirements. On or after May 31, 1995 no person subject to 310 CMR 7.24(8) shall cause, suffer, allow, or permit emissions of volatile organic compounds in excess of the emissions limitations and standards set forth in 310 CMR 7.24(8)(c) through (e).

(c)RACT Emissions Limitations.

1. No person subject to 310 CMR 7.24(8) shall cause, suffer, allow, or permit a loading event while docked at a marine terminal unless:

a. marine tank vessel emissions of volatile organic compounds are limited to two lbs per 1,000 bbls of organic liquid transferred (5.7 grams per cubic meter); or,

b. marine tank vessel emissions of volatile organic compounds are processed by equipment satisfying 310 CMR 7.24(8)(d), and reduced by at least 95% by weight as compared to uncontrolled conditions when using a recovery device, or by at least 98% by weight as compared to uncontrolled conditions when using a combustion device; and,

c. the organic material storage tanks at the marine terminal to be used during the loading event meet the requirements of 310 CMR 7.24(1).

2. Marine tank vessel emissions resulting from ballasting or cleaning of cargo tanks are subject to the emissions limitations of 310 CMR 7.24(8)(c)1. only if emissions capture and control equipment is installed at the marine terminal.

(d)Emissions Capture and Control Equipment Requirements. Any emissions capture and control equipment used to comply with 310 CMR 7.24(8)(c) shall be designed and operated to collect and control volatile organic compound emissions from the loading of organic liquids into marine tank vessels or from ballasting and cleaning cargo tanks which previously held an organic liquid.

(e)Equipment Performance Standards.

1. No person subject to 310 CMR 7.24(8) shall cause, suffer, allow, or permit a loading event unless the marine tank vessel is vapor tight or the tank vessel is loaded at less than atmospheric pressure.

2. Marine tank vessels shall be demonstrated to be vapor tight by one of the following:

a. present a copy of the vapor-tightness pressure test documentation for the marine tank vessel prior to loading. The date listed on the documentation must be within the 12 months preceding the date of demonstration, and the test must be conducted in accordance with the procedures specified in Section 63.565(c)(1) of 40 CFR Part 63, Subpart Y; or

b. present a copy of the vapor-tightness leak test documentation for the marine tank vessel prior to loading. The date listed on the documentation must be within the 12 months preceding the date of demonstration, and the test must be conducted in accordance with the procedures in Method 21 of 40 CFR Part 60 Appendix A; or

c. perform a leak test during the loading event in accordance with the procedures in Method 21 of 40 CFR Part 60 Appendix A.

(f)Plan Submittal Requirements. Any person subject to 310 CMR 7.24(8) must submit an emission control plan for approval by the Department which satisfies the requirements of 310 CMR 7.18(20)(c). This provision does not apply to any person who is subject to 310 CMR 7.24(8), and who has received written approval from the Department under 310 CMR 7.02, 310 CMR 7.18(17), or 310 CMR 7.18(20) for emission capture and control equipment which satisfies the requirements of 310 CMR 7.24(8).

(g)Recordkeeping Requirements. Any person subject to 310 CMR 7.24(8) shall prepare and maintain records regarding each loading event sufficient to demonstrate compliance with 310 CMR 7.24(8)(c) through (e). Records kept to demonstrate compliance shall be kept on site for five years and shall be made available to representatives of the Department or EPA. Such records shall include, but are not limited to:

1. The name and location of the marine terminal at which the loading event occurred.

2. The company responsible for the operation of the marine terminal.

3. The date(s) and times at which the marine tank vessel arrived and departed from the marine terminal.

4. The name, registry, and owner of the marine tank vessel.

5. The prior cargo carried by the marine tank vessel.

6. The type and amount of organic liquid loaded into the tank vessel.

7. The condition of the tanks prior to being loaded (e.g., cleaned, gas freed, etc).

8. Description of the operating procedure used to control emissions while ballasting into unsegregated ballast tanks (associated with unloading or other events).

9. Any testing performed during loading.

10. Any leaks detected and the repair action taken.

(h)Testing Requirements.

1. Any person subject to 310 CMR 7.24(8) who owns or operates a marine terminal shall, upon startup of the emission control equipment, conduct initial performance tests to demonstrate compliance with 310 CMR 7.24(8). Testing shall be conducted in accordance with EPA Method 21 and Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the Department and EPA.

(i)Monitoring Requirements.

1. Any person subject to 310 CMR 7.24(8) who installs and operates emission control equipment to meet the emission limitations in 310 CMR 7.24(8)(c) must monitor the emission control equipment in accordance with the procedures specified in §§ 63.564(e) through (j) of 40 CFR 63 Subpart Y.

2. Any person subject to 310 CMR 7.24(8) who owns or operates a marine terminal shall, upon the request of the Department, conduct tests of the emission control equipment, to demonstrate compliance with 310 CMR 7.24(8). Testing shall be conducted in accordance with EPA Method 21 and Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the Department and EPA.

3. The owner or operator of any marine terminal shall notify the Department in writing of the date of any test to demonstrate compliance with the emission limitations of 310 CMR 7.24(8)(c)1. at least 30 days in advance of that date. Testing results shall be submitted to the Department within 30 days of completion of the test. Testing results shall also be maintained at the marine terminal for a period of five years.

310 CMR, § 7.24

Amended by Mass Register Issue S1277, eff. 1/2/2015.

Amended by Mass Register Issue S1360, eff. 3/9/2018.

Amended by Mass Register Issue 1485, eff. 12/23/2022.