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DEE-5: Air Pollution Control Enforcement Policy - Appendix II.2

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

Issued 06 July 1988
Revised 31 January 1996

By Enforcement Guidance Memorandum dated August 15, 1995, the Department exercised its discretion to delay enforcement of the June 1, 1995 deadline established in Part 230 for installation of Stage I vapor recovery equipment outside of the New York City Metropolitan Area. In so doing, the Commissioner advised source owners that in light of this extension the Department planned to conduct a Stage I enforcement initiative After December 1, 1995. This document details the strategy that the Department will pursue after December 1, 1995 to ensure maximum compliance with the Part 230 Stage I vapor recovery requirements outside of the New York City Metropolitan Area.

Upon expiration of the December 1, 1995 deadline Department inspectors will begin visiting gasoline service stations and other Facilities subject to Stage I requirements. Upon completion of an inspection, a Notice of Compliance Determination (NOCD) shall be issued and left with the facility representative that is present at the time of inspection. Where a source has installed Stage I equipment the "in compliance" entry on the NOCD is to be Checked and the inspection and follow-up is complete at that time. In the event that a particular service station or other facility is found to be out of compliance with 6 NYCRR 230, the "non-compliance" entry on the NOCD will be checked and the disposition is to be marked "other - consent order to follow." The Bureau of Enforcement and Regional Support (BERS) shall then send to the owner of record of those facilities which have been found to be in a state of non-compliance a copy of the NOCD, a Notice of Violation and short form Consent Order by certified mail. Also, included in this mailing will be an Environmental Facilities Corporation (EFC) brochure detailing where and how sources can obtain compliance assistance. A copy of each NOCD issued to non-complying facilities will also be transmitted to the Division of Environmental Enforcement.

The Notice of Violation and Consent Order is a one page document (copy attached) which describes the violation and provides for an admission and waiver of right to a hearing. The Consent Order also contains provisions for a penalty per non-complying tank, which penalty shall be suspended for a period of six months. The penalty per non-complying tank is hereby established to be $500. This penalty amount is based upon the approximate avoided cost of not installing Stage I equipment. If a subject facility has not achieved compliance with the Stage I requirements of Part 230 at the expiration of the six month penalty suspension period, all penalties shall immediately become due and payable. The NOV/Consent order specifies that it is to be returned to the Division of Environmental Enforcement within three (3) weeks of the date it was received by the source. Sources which choose to execute and return the Order will thereby be effectively granted a six month period in which to install Stage I vapor recovery without threat of further DEC action under Part 230. Those sources which are extended this opportunity and choose not to execute and return the NOV/Consent order will be subject to targeted DEC enforcement action including significant and immediately payable penalties.

The attached form Consent Order is only for use prior to July 1, 1996, after that date all consent orders issued for violations of the Stage I requirements of 6 NYCRR Part 230 outside of the New York Metropolitan Area shall contain a provision for a penalty of $500 per non-complying tank, which penalty shall be immediately due and payable without provision for a suspended penalty. A form Consent Order reflecting this change shall be developed and distributed prior to July 1, 1996.

Prior to July 1, 1996, enforcement actions for violations of part 230 will not be initiated against owners or operators of gasoline transport vehicles that are equipped to deliver to service stations or other facilities that have installed Stage I vapor recovery equipment. Gasoline transport vehicles which are currently not equipped to deliver to Stage I facilities and properly equipped gasoline transport vehicles which are found to be delivering fuel in violation of Part 230 after July 1, 1996 shall be subject to penalties of $500 per violation, without provision for suspended penalties.

Dated: January 31, 1996

Albany, New York

Michael D. Zagata
Commissioner of Environmental Conservation

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