AN ACT ESTABLISHING STANDARDS FOR STAGE II VAPOR RECOVERY SYSTEMS.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 111 of the
General Laws is hereby amended by inserting after
section 142N the following section:-
Section 142O. (a) As used in this section, the following words shall have
the following meanings, unless the
context clearly requires otherwise:
"Motor vehicle fuel dispensing facility", a motor vehicle fuel facility
which dispenses gasoline directly to motor vehicles.
"Stage II system", a vapor collection and control system specifically
for the purpose of controlling vapors during the direct dispensing of motor
vehicle fuel to a motor vehicle.
(b) The department shall notify a motor vehicle fuel dispensing
facility owner and operator, in writing, within
30 days of an inspection, when the department
determines that a violation of its stage II system rules has occurred.
(c) The department shall not promulgate or enforce a requirement that a
vehicle fuel dispensing facility with a defective component in the stage II
system shall cease dispensing fuel at the facility after the discovery of the
defective component if: (i) the facility operator marks the defective
"out of order"; (ii) the facility operator takes the component out of service
until repaired or
replaced; and (iii) the remainder of the stage II system is operating in
accordance with the General Laws and the regulations of the department of
environmental protection. This subsection shall
not prohibit the department from promulgating or enforcing a
requirement that a motor vehicle fuel dispensing facility shall cease
after failing the annual compliance test of the stage II system until such time
as the system passes the compliance test.
(d) The department shall not promulgate or enforce a requirement that less
than 2 responsible individuals or officials shall certify, subject to criminal
sanctions or civil penalties, all Stage II system compliance requirements at a
dispensing facility where the facility is owned by 1 party, leased or managed
by another independent party and both parties have separate Stage II
(e) The department shall establish and implement ongoing programs to
communicate the department's Stage II system standards and operating
requirements to motor vehicle fuel dispensing facility owners and operators.