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DEE-5: Air Pollution Control Enforcement Policy - Appendix II.1

Gasoline Vapor Recovery Systems Outside of the New York City Metropolitan Area
- 6 NYCRR Part 230 -

Issued 06 July 1988
Revised 15 August 1995

  1. Introduction and Purpose
    This Enforcement Guidance Memorandum (EGM) is an addendum to Appendix II of the Air Pollution Control EGM Series. This EGM establishes the Department's enforcement strategy for addressing non compliance with the June 1, 1995 deadline for the installation of Stage I vapor recovery equipment in the upstate areas of New York State.
  2. Applicability
    This EGM is applicable to gasoline dispensing sites throughout the State with the exception of the New York City Metropolitan area. This addendum does not affect the enforcement policies set forth in Appendix II, which remain effective in the New York City Metropolitan Area. This EGM does not address compliance with Stage II vapor recovery requirements, which are distinct and separate from the Stage I requirements addressed herein.
  3. Enforcement Policy
    The Department is aware that, in many cases, all practicable efforts have been made by source owners and/or operators to comply with the deadline for installation of Stage I vapor recovery equipment. Unfortunately, due to the short time period between the effective date of the regulation and the June 1, 1995 compliance deadline, many source owners and/or operators have been unable to complete installation of the required Stage I equipment.

    The Department will therefore exercise its enforcement discretion to extend the deadline for compliance with 6 NYCRR sections 230.2(a)(2)(iv) and 230.2(a)(2)(vi) until December 1, 1995. This extension is available only to source owners/operators who have attempted, in good faith, to comply with the requirements of Part 230. In order to take advantage of this extension source owners/operators must Complete and submit a "Letter of Intent" which commits the source to full compliance with the requirements of Part 230 by December 1, 1995 (example Attached). Source owners/operators are advised that only those Letters of Intent which include an express commitment to install Stage I vapor recovery equipment by December 1, 1995 will be accepted for purposes of this EGM.

    Source owners/operators that have failed to comply with the December 1, 1995 deadline may be subject to enforcement actions in accordance with this guidance and the Civil Penalty Policy. Such owners/operators are advised that in light of the extended deadline which is hereby established, the Department plans to conduct a targeted enforcement initiative after December 1, 1995. All source owners/operators are therefore encouraged to avoid the need for enforcement proceedings by taking steps to come into compliance with 6 NYCRR Part 230 prior to December 1, 1995.

This guidance is effective immediately.

Dated: August 15, 1995
Albany, New York

Michael D. Zagata
Commissioner of Environmental Conservation

Attachment: Letter of Intent

Date

Mr. Thomas Allen, Assistant Director
Division of Air Resources
New York State Department of Environmental Conservation
50 Wolf Road
Albany, New York 12233-3250

Dear Mr. Allen:

I am writing to notify you that the gasoline station(s) listed below will not be in compliance with the Stage I vapor recovery requirements of Part 230 by the June 1, 1995 deadline.

Gasoline Station Name
station Address

I have attempted to comply with the regulations, but due to the short time between the effective date of the regulations and the deadline, I will not complete all work by June 1.

I understand that the Department will not take enforcement action against me for these violations of Part 230 if I complete the Stage I installations by December 1, 1995.

I intend to complete all Stage I work by December 1, 1995.

Sincerely,
Source Owner and/or Operator

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