Massachusetts Proposes Amendments and Rescissions to Air Pollution Control Regulations



The Massachusetts Department Environmental Protection (MassDEP) issued a notice of intent to amend its 310 CMR 7.00 Air Pollution Control regulations. The proposed changes would amend regulation 310 CMR 7.24(3) Distribution of Motor Vehicle Fuel and repeal four others.

The MassDEP is proposing to amend 310 CMR 7.24(3) to update the lists of referenced Stage I Enhanced Vapor Recovery (EVR) systems certified by the California Air Resources Board (CARB) since January 2, 2015, the date the current MassDEP Stage I regulation was last revised. All motor vehicle fuel dispensing facilities must use CARB-certified Stage I EVR systems for aboveground and underground storage tanks to collect vapors during fuel transfer. The updating of the lists of referenced CARB certified Stage I systems will ensure all currently certified CARB Stage I systems and components are approved for installation in Massachusetts.

The proposed amendments also include repeal of the following four regulations:

310 CMR 7.17 Conversions to Coal - This regulation is no longer needed as any new coal-fired capacity would be subject to updated permitting requirements in 310 CMR 7.00.

310 CMR 7.21 Sulfur Dioxide Emissions Limitation and 310 CMR 7.22 Sulfur Dioxide Emissions Reductions for the Purpose of Reducing Acid Rain - These regulations are no longer needed as the caps for sulfur dioxide emissions contained in them have been superseded by federal requirements.  Additionally, caps contained in permits issued for facilities that emit sulfur dioxide are much lower than the high caps contained in these regulations.

310 CMR 7.45 The Massachusetts Green Fleet Program - This regulation is no longer being implemented by the MassDEP and is obsolete.

Written comments on the proposed air regulation amendments may be submitted to the MassDEP by 5:00 PM on August 31, 2017 via email or mail. Emailed comments should be sent to: DEP.Talks@state.ma.us. Comments sent via standard mail should be addressed to: Tom DeNormandie, MassDEP, One Winter Street, Boston, MA 02108. The MassDEP will also hold a public hearing at 10:00 AM on August 1, 2017 at the MassDEP's main headquarters office located at One Winter Street, Boston, MA.

Additional details regarding the proposed amendments and public hearing can be found here.