July 18, 2002

Senator Mark Montigny, Chair
Ways and Means Committee
State House, Room
Boston MA 02133

Re: Opposing House Bill 4379, An Act Establishing Standards for Stage II Vapor Recovery Systems

Dear Chairman Montigny:

The Environmental League of Massachusetts writes to oppose H.4379. This bill is an attempt by large oil companies to avoid accountability for their agents' actions here in Massachusetts, and hinder enforcement of a law that protects our citizens' health.

H.4379 handcuffs the Department of Environmental Protection in its work to gain compliance and carry out enforcement of the regulations. In doing so, it undermines another bill discharged favorably from your committee and passed unanimously by the Senate earlier this session: S.2242, An Act to Improve the Efficiency and Fairness of Environmental Law Enforcement.

The Department of Environmental Protection (DEP) currently requires gas retailers to certify that their station is in compliance with Stage II Vapor Recovery regulations, and asks that one responsible party provide that certification. The agency uses these certifications to determine compliance with the regulations, but also as a first check in enforcement actions.

These regulations, and DEP's ability to assure compliance with them, are critical to reducing citizens' and workers' exposure to volatile organic chemicals. Before the current compliance and enforcement program was put in place, only half of the gasoline stations in the commonwealth were following the regulations, according to DEP. We should not settle for a 50% compliance rate when the technical fix is so easily put in place - and corporations should not be allowed to slip through the cracks by failing to take responsibility for their own actions.

We appreciate all that you have done for the environment this legislative session, and know that you will continue to keep the public's environmental health in mind as the session winds down.

Sincerely,

Pamela DiBona
Vice President for Policy