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§ 52.1120 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Massachusetts under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 20, 2017, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Entries in paragraphs (c) and (d) of this section with the EPA approval date after January 20, 2017 have been approved by EPA for inclusion in the State Implementation Plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference into the SIP may be inspected at the EPA Region 1 Office, 5 Post Office Square, Boston, Massachusetts 02109–3912. You may also inspect the material with an EPA approval date prior to January 20, 2017 at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-approved regulations.
EPA Approved Massachusetts Regulations
| State citation | Title/subject | State effective date | EPA approval date 1 | Explanations |
|---|---|---|---|---|
| 310 CMR 6.04 | Standards | 7/25/1990 | 10/4/2002, 67 FR 62184 | Adopted PM10 as the criteria pollutant for particulates. |
| 310 CMR 7.00 | Definitions | 3/9/2018 and 3/20/2020 | 10/15/2020, 85 FR 65236 | Approved 90 new definitions, updated 6 definitions, and deleted definitions for: Automotive Surface Coating, Manufacturing Plant, and Propanol Substitute. |
| 310 CMR 7.00 Appendix A | Emission Offsets and Nonattainment Review | October 22, 1999 | May 29, 2019, 84 FR 24719 | Approves revisions for consistency with underlying federal regulations that make the Commonwealth's SIP-approved NNSR program applicable to certain sources of NOX and VOC statewide. |
| 310 CMR 7.00 Appendix B | Emission Banking, Trading, and Averaging | 3/9/2018 | 10/15/2020, 85 FR 65236 | Revises (4)(b) Applicability. |
| Regulations for the Control of Air Pollution | Regulation 1 General Regulations to Prevent Air Pollution | 1/27/1972 | 5/31/1972, 37 FR 10841 | |
| Regulations for Prevention And/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies | Regulation 1 Introduction | 8/28/1972 | 10/28/1972, 37 FR 23085 | |
| Regulations for the Control of Air Pollution | Regulation 2 Plans Approval and Emission Limitations | 2/1/1978 | 3/15/1979, 44 FR 15703 | Regulation 2 is now known as 310 CMR 7.02. |
| Regulations for Prevention And/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies | Regulation 2 Definitions | 8/28/1972 | 10/28/1972, 37 FR 23085 | |
| 310 CMR 7.02 | Plans Approval and Emission Limitations | 6/6/1994 | 4/5/1995, 60 FR 17226 | |
| Regulations for the Control of Air Pollution | Regulation 3 Nuclear Energy Utilization Facilities | 6/1/1972 | 10/28/1972, 37 FR 23085 | |
| 310 CMR 7.03 | Plan Application Exemption Construction Requirements. Paint Spray Booths 310 CMR 7.03(13) | 2/17/1993 | 9/3/1999, 64 FR 48297 | |
| Regulations for the Control of Air Pollution | Regulation 4 Fossil Fuel Utilization Facilities | 1/27/1972 | 10/28/1972, 37 FR 23085 | Regulation 4 is now known as 310 CMR 7.04. |
| 310 CMR 7.04 | U Fossil Fuel Utilization Facilities | 12/28/2007 | 4/24/2014, 79 FR 22774 | Only approved 7.04(2) and 7.04(4)(a). |
| Regulations for the Control of Air Pollution | Regulation 5 Fuels | 8/31/1978 | 3/7/1979, 44 FR 12421 | Regulation 5 is now known as 310 CMR 7.05. Portions of Regulation 5 have been replaced with the approval of 310 CMR 7.05. |
| 310 CMR 7.05 | Fuels All Districts | 9/23/2005 | 5/29/2014, 79 FR 30741 | Removed landfill gas from requirements of section. |
| Regulations for the Control of Air Pollution | Regulation 6 Visible Emissions | 8/28/1972 | 10/28/1972, 37 FR 23085 | Regulation 6 is now known as 310 CMR 7.06. |
| 310 CMR 7.07 | Open Burning | 9/28/1979 | 6/17/1980, 45 FR 40987 | |
| Regulations for the Control of Air Pollution | Regulation 8 Incinerators | 8/28/1972 | 10/28/1972, 37 FR 23085 | Regulation 8 is now known as 310 CMR 7.08. |
| 310 CMR 7.08 | Incinerators. Municipal Waste Combustors 310 CMR 7.08(2) | 3/20/2020 | 10/15/2020, 85 FR 65236 | |
| Regulations for the Control of Air Pollution | Regulation 9 Dust and Odor | 12/9/1977 | 9/29/1978, 43 FR 44841 | Regulation 9 is now known as 310 CMR 7.09. |
| Regulations for the Control of Air Pollution | Regulation 10 Noise | 6/1/1972 | 10/28/1972, 37 FR 23085 | Regulation 10 is now known as 310 CMR 7.10. |
| Regulations for the Control of Air Pollution | Regulation 11 Transportation Media | 6/1/1972 | 10/28/1972, 37 FR 23085 | Regulation 11 is now known as 310 CMR 7.11. This regulation restricts idling. |
| 310 CMR 7.12 | U Source Registration | 3/9/2018 | 3/4/2019, 84 FR 7299 | Revisions made to existing requirements and procedures for emissions reporting. |
| Regulations for the Control of Air Pollution | Regulation 13 Stack Testing | 6/1/1972 | 10/28/1972, 37 FR 23085 | Regulation 13 is now known as 310 CMR 7.13. |
| 310 CMR 7.14 | Monitoring Devices and Reports | 11/21/1986 1/15/1987 | 3/10/1989, 54 FR 10147 | |
| Regulations for Prevention And/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies | Regulation 15. Asbestos | 8/28/1972 | 10/28/1972, 37 FR 23085 | Regulation 15 is now known as 310 CMR 7.15. |
| 310 CMR 7.16 | Reduction of Single-Occupant Commuter Vehicle Use | 12/31/1978, 5/16/1979 | 9/16/1980, 45 FR 61293 | |
| 310 CMR 7.17 | Conversions to Coal | 1/22/1982 | 6/9/1982, 47 FR 25007 | |
| 310 CMR 7.18 | Volatile and Halogenated Organic Compounds | 3/20/2020 | 10/15/2020, 85 FR 65236 | Withdraws subsection (7) Automobile Surface Coating; adds new subsections (1)(g) and (h), (31) Industrial Cleaning Solvents, (32) Fiberglass Boat Manufacturing; revises subsections (2) Compliance with Emission Limitations, (3) Metal Furniture Surface Coating, (5) Large Appliance Surface Coating, (11) Surface Coating of Miscellaneous Metal Parts and Products, (12) Packaging Rotogravure and Packaging Flexographic Printing, (14) Paper, Film and Foil Surface Coating, (20) Emission Control Plans for Implementation of Reasonably Available Control Technology, (21) Surface Coating of Plastic Parts, (24) Flat Wood Paneling Surface Coating, (25) Offset Lithographic Printing; and adds subsections, (30) Adhesives and Sealants. |
| 310 CMR 7.19 | Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX) | 3/20/2020 | 10/15/2020, 85 FR 65236 | Revises subsection (1) Applicability, (2) General Provisions, (3) Emission Control Plans for Implementation of RACT, (4) Large Boilers, (5) Medium-size Boilers, (6) Small Boilers, (7) Stationary Combustion Turbines, (8) Stationary Reciprocating Internal Combustion Engines, and (9) Municipal Waste Combustor Units. |
| 310 CMR 7.24 | Organic Material Storage and Distribution | 1/2/2015 | 11/29/2016, 81 FR 85897 | Revised to require the decommissioning of Stage II vapor recovery systems and require Stage I Enhanced Vapor Recovery systems certified by the California Air Resources Board. |
| 310 CMR 7.25 | Best Available Controls for Consumer and Commercial Products | 10/19/2007 | 10/9/2015, 80 FR 61101 | Approved amended existing consumer products related requirements, added provisions concerning AIM coatings. |
| 310 CMR 7.26 | Industry Performance Standards | 3/9/2018 | 10/15/2020, 85 FR 65236 | Adds Environmental Results Program for Lithographic, Gravure, Letterpress, and Flexographic Printing subsections 20 through 25 and 27 through 29, except 28(a). |
| 310 CMR 7.27 | NOX Allowance Program | 11/19/1999 | 12/27/2000, 65 FR 81743 | |
| 310 CMR 7.28 | NOX Allowance Trading Program | 3/30/2007 | 12/3/2007, 72 FR 67854 | |
| 310 CMR 7.29 | Emissions Standards for Power Plants | 1/25/2008, 6/29/2007 | 9/19/2013 78 FR 57487 | Only approving the SO2 and NOX requirements. |
| The following exceptions which are not applicable to the Massachusetts Alternative to BART were not approved: | ||||
| (1) In 310 CMR 7.29(1), the reference to mercury (Hg), carbon monoxide (CO), carbon dioxide (CO2), and fine particulate matter (PM2.5) in the first sentence and the phrase “ . . . and CO2 and establishing a cap on CO2 and Hg emissions from affected facilities. CO2 emissions standards set forth in 310 CMR 7.29(5)(a)5.a. and b. shall not apply to emissions that occur after December 31, 2008” in the second sentence. | ||||
| (2) In 310 CMR 7.29(2), the definitions of Alternate Hg Designated Representative, Automated Acquisition and Handling System or DAHS, Mercury (Hg) Designated Representative, Mercury Continuous Emission Monitoring System or Mercury CEMS, Mercury Monitoring System, Sorbent Trap Monitoring System, and Total Mercury; | ||||
| (3) 310 CMR 7.29(5)(a)(3) through (5)(a)(6); | ||||
| (4) In 310 CMR 7.29(5)(b)(1), reference to compliance with the mercury emissions standard in the second sentence; | ||||
| (5) 310 CMR 7.29(6)(a)(3) through (6)(a)(4); | ||||
| (6) 310 CMR 7.29(6)(b)(10); | ||||
| (7) 310 CMR 7.29(6)(h)(2); | ||||
| (8) The third and fourth sentences in 310 CMR 7.29(7)(a); | ||||
| (9) In 310 CMR 7.29(7)(b)(1), the reference to CO2 and mercury; | ||||
| (10) In 310 CMR 7.29(7)(b)(1)(a), the reference to CO2 and mercury; | ||||
| (11) 310 CMR 7.29(7)(b)(1)(b) through 7.29(7)(b)(1)(d); | ||||
| (12) In 310 CMR 7.29(7)(b)(3), the reference to CO2 and mercury; | ||||
| (13) In 310 CMR 7.29(7)(b)(4)(b), the reference to CO2 and mercury; and | ||||
| (14) 310 CMR 7.29(7)(e) through 7.29(7)(i). | ||||
| 310 CMR 7.30 | Massport/Logan Airport Parking Freeze | 6/30/2017 | 3/6/2018, 83 FR 9438 | Revises the existing commercial parking freeze limits and requires the Massachusetts Port Authority to complete several studies to evaluate ways to further support alternative transit options. |
| 310 CMR 7.31 | City of Boston/East Boston Parking Freeze | 12/26/2000 | 3/12/2001, 66 FR 14318 | Applies to the parking of motor vehicles within the area of East Boston. |
| 310 CMR 7.32 | Massachusetts Clean Air Interstate Rule (Mass CAIR) | 3/30/2007 | 12/3/2007, 72 FR 67854 | |
| 310 CMR 7.33 | City of Boston/South Boston Parking Freeze | 7/30/1993 | 10/15/1996, 61 FR 53628 | Applies to the parking of motor vehicles within the area of South Boston, including Massport property in South Boston. |
| 310 CMR 7.36 | Transit System Improvements | 10/25/2013 | 12/8/2015, 80 FR 76225 | Removes from the SIP the commitment to design the Red Line/Blue Line Connector project. |
| 310 CMR 7.37 | High Occupancy Vehicle Lanes | 4/5/1996 | 3/20/2019, 84 FR 10264 | Technical revisions to SIP approved regulation. |
| 310 CMR 7.38 | Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District | 12/30/2005 | 2/15/2008, 73 FR 8818 | |
| 310 CMR 7.40 | Low Emission Vehicle Program | 12/24/1999 | 12/23/2002, 67 FR 78179 | “Low Emission Vehicle Program” (LEV II) except for 310 CMR 7.40(2)(a)(5), 310 CMR 7.40(2)(a)(6), 310 CMR 7.40(2)(c)(3), 310 CMR 7.40(10), and 310 CMR 7.40(12). |
| Regulations for the Control of Air Pollution | Regulation 50 Variances | 9/14/1974 | 2/4/1977, 42 FR 6812 | Regulation 50 is now known as 310 CMR 7.50. |
| Regulations for the Control of Air Pollution | Regulation 51 Hearings Relative To Orders and Approvals | 8/28/1972 | 10/28/1972, 37 FR 23085 | Regulation 51 is now known as 310 CMR 7.51. |
| Regulations for the Control of Air Pollution | Regulation 52 Enforcement Provisions | 8/28/1972 | 10/28/1972, 37 FR 23085 | Regulation 52 is now known as 310 CMR 7.52. |
| 310 CMR 8.00 | The Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies | 4/1/1994 | 3/4/2019, 84 FR 7299 | Incorporates full version of 310 CMR 8.00 into the Massachusetts SIP, and converts conditional approval at § 52.1119(a)(5) to full approval. |
| 310 CMR 60.02 | Regulations for the Enhanced Motor Vehicle Inspection and Maintenance Program | 9/5/2008 | 1/25/2013, 78 FR 5292 | Revises enhanced I/M test requirements to consist of “OBD2-only” testing program. Approving submitted regulation with the exception of subsection 310 CMR 60.02(24)(f). |
| 540 CMR 4.00 | Annual Safety and Combined Safety and Emissions Inspection of all Motor Vehicles, Trailers, Semi-trailers and converter Dollies | 9/5/2008 | 1/25/2013, 78 FR 5292 | Revises Requirement for Inspection and Enforcement of I/M Program. |
| Massachusetts General Laws, Part IV, Title I, Chapter 268A, Sections 6 and 6A | Conduct of Public Officials and Employees | Amended by Statute in 1978 and 1984 | 12/21/2016, 81 FR 93624 | Approved Section 6: Financial interest of state employee, relative or associates; disclosure, and Section 6A: Conflict of interest of public official; reporting requirement. |
| Executive Order 145 | Consultation with Cities and Towns on Administrative Mandates | 11/20/1978 | 6/24/2019, 84 FR 29380 | Approval as part of 2012 PM2.5 infrastructure SIP. |