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DEP and Trade Associations Agree on Stage II Vapor Recovery
Program Clarifications
8/15/2003
James C. Colman
Assistant Commissioner
Department of Environmental Protection
After several years of wrangling over a variety of changes
to the Stage II regulations, DEP and the industry have found common ground.
An intense mediation process that began in April 2003 for DEP, NESSARA,
IOMA, the New England Convenience Store Association, and the Massachusetts
Petroleum Council ended on July 8 with a signed agreement that resolved
issues that had been the subject of litigation and legislative action. The agreement clarifies how several contentious aspects of
the Stage II program will be implemented and includes a commitment by
all parties to work together as new issues arise. The key points of the
agreement are:
- DEP's regulations do not require individual Stage II
systems to operate at 95% removal efficiency every single day. Rather,
to determine compliance of individual Stage II systems with DEP's
rules, the agency considers them to be "correctly maintained"
if the system passes an annual compliance test, the facility owner
or operator certifies annually that the system was inspected weekly,
AND system components that are found to be broken, incorrectly installed,
or otherwise non-functioning are either repaired or replaced within
14 days of the discovery OR are taken out of service.
- The annual certifications that facility owners
and operators must file have been clarified to note that "systems
to maintain compliance are in place … and will be maintained
for the coming year" means that the facility owner or operator
has taken the steps required to ensure that compliance will be maintained
in the coming year. This requirement can be met by establishing procedures
to ensure that weekly visual inspections and required tests are conducted,
that broken or defective components are repaired, replaced or isolated,
and that required records are maintained. This certification does
not mean that a Stage II system responsible official is guaranteeing
that the Stage II system is 100% in compliance every day of the coming
year. Rather it is a representation that the Stage II owner or operator
has taken the steps required to ensure that compliance will be maintained
into the coming year.
- As part of its regular training for Stage II compliance
testing companies, DEP will clarify that, once a required test has
been started, it must be completed and the results must be reported
to DEP on the appropriate form. Another clarification will note that
DEP's rules do not address compliance testing company activities conducted
before a required test is started.
- DEP will make its inspection checklist available to
facility owners and operators, and also to the trade associations.
This checklist guides DEP inspectors by describing a generic inspection.
However, it should be recognized that DEP inspectors may deviate from
it, depending on the circumstances of a particular situation.
- DEP will continue to monitor facility compliance in
several ways: by inspecting facilities, by reviewing certifications
and other documents that facilities submit to the agency, and by reviewing
its own records. DEP will notify station owners and operators of violations
that are identified through inspections of their stations within 30
days of the inspection if DEP determines that a violation has occurred.
- DEP will demonstrate to EPA that the Stage II program
is achieving its expected level of pollution reduction (and can get
credit for these reductions when EPA evaluates Massachusetts' adherence
to its State Implementation Plan or "SIP") by showing that
it is implementing the Stage II program as designed under the current
regulations [310 CMR 7.24(6)]. The evaluation will focus on the percentage
of gasoline dispensed through facilities equipped with Stage II systems,
the percentage of fuel dispensers that have installed CARB-certified
Stage II systems, annual compliance test result data, and annual compliance
certifications by Stage II facility owners and operators.
In addition, DEP and the trade associations will jointly
hold periodic forums at which senior DEP managers and staff, Stage II
system owners and operators, Stage II compliance testing and installation
contractors, and other interested stakeholders will have an opportunity
to discuss Stage II compliance and implementation issues. The first forum
will be held in January 2004. While all these specific clarifications are important, the
best result of the mediation is a significantly better relationship among
the parties. All the parties have agreed that the mediation process established
a sound basis for communication, cooperation, and trust, and look forward
to a good working relationship in the future. This new working relationship
recognizes that the Stage II program makes significant contributions to
clean air in Massachusetts and that both the industry and DEP are fully
committed to ensuring that the Stage II program is successful. I look forward to building on the work we have done together
over the last six months, and I greatly appreciate the participation and
commitment of the industry representatives. James C. Colman
Assistant Commissioner
Department of Environmental Protection
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