Appendix 3A

Massachusetts 1-Hour Ozone Standard Control Measures

Control measures included in the 1-hour standard SIPs for EMA and WMA are listed below.   MassDEP will continue to implement these measures but has not taken credit for Reasonable Further Progress or attainment demonstration purposes for any of the listed measures, with the exception of the NOx Budget Program and LEV program as discussed in Section 3, Control Measures.

Name of Control Measure

Type of Measure

Approval Status

On-board Refueling Vapor Recovery

Federal rule

Promulgated at 40 CFR 86

Federal Motor Vehicle Control program (Tier 0)

Federal rule

Promulgated at 40 CFR 86

(pre-1990)

CA Low Emission Vehicle (CA LEV)

State initiative

SIP approved (67 FR 78179; 12/23/02)

Heavy Duty Diesel Engines (On-road)

Federal rule

Promulgated at 40 CFR 86

Federal Non-road Heavy Duty diesel engines

Federal rule

Promulgated at 40 CFR 89

Federal Non-road Gasoline Engines

Federal rule

Promulgated at 40 CFR 90

Federal Marine Engines

Federal rule

Promulgated at 40 CFR 91

Rail Road Locomotive

Federal rule

Promulgated at 40 CFR 92

AIM Surface Coatings

State initiative

SIP approved (60 FR 65242; 12/19/95)

NSR*

	State rule

	SIP Submitted May 3, 1979

Automotive Refinishing

	State initiative	SIP approved (61 FR 5696; 2/14/96)

Enhanced Inspection & Maintenance **

CAA SIP requirement

SIP approved (65 FR 69254; 11/16/00)

NOx RACT*

CAA SIP requirement

SIP approved (64 FR 48095; 9/2/99)

VOC RACT pursuant to sections 182(a)(2)(A) and 182(b)(2)(B) of CAA

CAA SIP requirement

SIP approved (58 FR 34908; 6/30/93 and 64 FR 48297; 9/3/99)

VOC RACT pursuant to section 182(b)(2)(A) and (C) of CAA

CAA SIP requirement

Partial SIP Approved (64 FR 48297; 9/3/99). SIP approved (67 FR 62179;

10/4/02

Stage II Vapor Recovery

CAA SIP requirement

SIP Approved (65 FR 78974; 12/18/2000)

Reformulated Gasoline

State opt-in

SIP Approved (67 FR  55121; 8/28/02)

Clean Fuel Fleets

CAA SIP requirement

SIP approved (60 FR 6027; 2/1/95); Massachusetts used CAL LEV reductions to meet the Clean Fuel Fleet requirement.

Transit System Improvements (EMA only)

State initiative	SIP approved (59 FR 50495; 10/4/94)

Amendments submitted to EPA in December 2006.

High Occupancy Vehicle Lanes (EMA only)

	State initiative	SIP approved (59 FR 50495; 10/4/94) Amendments adopted in 1996.

Certification of Tunnel Ventilation Systems (EMA only)	State initiative SIP approved (57 FR 46310; 10/8/92)

Reg. amended 2006; SIP Submitted to EPA 7/06

Parking Freeze Regulations (EMA only):

City of Boston, City of Cambridge, Logan Airport, East Boston, South Boston

	State initiative	City of Boston, City of Cambridge - FIP (40 FR 25162; 6/12/75)

Logan Airport/East Boston – SIP approved (58 FR 14153; 3/16/93 and 66 FR 14318; 3/12/01)

South Boston; SIP Approved (61 FR 53628; 10/15/96)

NOx SIP Call

EPA requirement

SIP approved (65 FR 81743; 12/27/00). Reg. amended 2004

On-board diagnostics 	CAA SIP requirement	Regulation effective 1/17/03. SIP revision submitted to EPA March 22, 2004.

CA LEV II

State initiative

State regulations adopted in 1999. SIP submitted 1/22/03

LEV - ZEV Mandate and Revision

State initiative

State regulations adopted 12/19/03 through emergency rulemaking; finalized 7/2/04.

LEV - Not-to-Exceed Standards for Heavy-and-Medium Duty Diesel Engines State initiative	State regulations adopted December 2001.

*NSR and RACT

MassDEP regulation, 310 CMR 7.00 Appendix A: Emissions Offsets and Nonattainment Review, contains the Massachusetts New Source Review (NSR) program for stationary sources of NOx and VOCs.  MassDEP intends to maintain tThe major source applicability thresholds of potential-to-emit (PTE) 50 tons per year of volatile organic compounds and PTE 50 tons per year of NOx that applied to serious 1-hour ozone nonattainment areas, also apply under the 8-hour ozone standard. instead of the PTE 100 tons per year NOx threshold, which it could adopt as a moderate 8-hour nonattainment area.  NSR offset ratio requirements will remain at 1.2 to 1 (rather than the 1.15 to 1 ratio required for moderate areas).  MassDEP will also maintain its existing The major source thresholds for RACT will not change. (RACT regulations are discussed in detail in Section 6.)

** Enhanced Inspection and Maintenance and On-Board Diagnostics Program

The Massachusetts Enhanced Emissions and Safety Test (I&M program) requires most model year 1984 – 1995 vehicles to be tested on a dynamometer, and model year 1996 and newer vehicles to be tested with on-board diagnostic (OBD) equipment. The 2008 RFP emissions estimate are based on the existing program. The contract for the current program expires on September 30, 2008 and MassDEP intends to adopt program revisions that will take effect October 1, 2008.  MassDEP will amend its current regulation to make program revisions and submit the amended regulation to EPA as a separate SIP amendment. The SIP amendment will demonstrate that the revised program effectively replaces the emission reductions required by the existing program, and that that revised program will meet the requirements of EPA’s I&M rule.  .

 EPA’s Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard - Phase I , 69 FR 23952, April 30, 2004, allowed areas to adopt the major source thresholds that applied to their 8-hour standard classification, even though the thresholds might be less stringent than those that applied to the area under the applicable 1-hour ozone standard classifications. In December 2006, the U.S. Court of Appeals for the D.C. Circuit vacated EPA’s Phase 1 rule, holding that parts of the rule violated provisions of the CAA. The count concluded that the provision allowing an area to adopt less-stringent major source thresholds constituted illegal “backsliding.” Even prior to this court decision, MassDEP decided to retain its 1-hour NOx RACT threshold of PTE 50 tons, rather than adopt the less-stringent PTE 100 ton threshold that EPA’s rule would have allowed had it not been vacated.

2008 Ozone SIP