Proposed New Regulations for Public Comment: Massachusetts Clean Air Interstate Rule--Mass CAIR (310 CMR 7.32) and Amendments to NOx Allowance Trading Program (310 CMR 7.28)
To: MassDEP’s Regulations List-Serv and Commissioner’s Advisory Committee
Name & Citation of Regulation(s): 310 CMR 7.32, Massachusetts Clean Air Interstate Rule (Mass CAIR), and amendments to 310 CMR 7.28, NOx Allowance Trading Program.
Brief Explanation and Rationale for Proposed Changes:
The purpose of the proposed rule and amendments is to meet the requirements of the federal Clean Air Interstate Rule (federal CAIR) promulgated by EPA on May 12, 2005. The federal CAIR requires states in the Eastern U.S. to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO 2) that significantly contribute to fine particle (PM 2.5) and ground-level ozone pollution problems in downwind states. Reduction of emissions will help Massachusetts and other states meet the National Ambient Air Quality Standards (NAAQS) for ozone and PM2.5. EPA found that Massachusetts contributes to downwind ozone problems (but not PM 2.5 problems); consequently, Massachusetts is required by federal CAIR to reduce ozone season NOx emissions.
The proposed Massachusetts CAIR caps ozone season NOx emissions from large fossil-fuel-fired electricity and steam generators located in Massachusetts in order to address the interstate transport of NOx from Massachusetts sources to other states. The proposed regulations affect 37 large power generators. Three cities in Massachusetts have municipal power plants that are subject to the regulations: Braintree, Peabody, and Taunton. Mass CAIR will replace the existing NOx Allowance Trading Program (310 CMR 7.28), which has capped ozone season NOx emissions from these sources since 2003.
These regulations will have a positive environmental impact because they will decrease the NOx allowances available to be allocated among regulated facilities, thereby encouraging them to further control NOx emissions. The cap-and-trade program provides flexibility to regulated entities that allows them to decide whether to comply with regulatory requirements by reducing their emissions or by purchasing allowances from another party if it’s more cost-effective.
Web Link to View Draft Regulations:
http://mass.gov/dep/air/laws/regulati.htm#proposed
Public Hearing Information:
Public hearings will be conducted to receive public comment, both oral and written, on the proposed regulation.
Thursday, February 8, 2007, at 9:00 a.m.
MassDEP Main Office
One Winter Street, 2nd Floor - Rooms B & C
Boston, Massachusetts 02108
Thursday, February 8, 2007, at 5:00 p.m.
1st Floor Conference Room
MassDEP Southeast Region Main Office
20 Riverside Drive
Lakeville, MA 02347
Friday, February 9, 2007 at 3:00 p.m.
3rd Floor Court Room
Springfield State Office Building
436 Dwight Street
Springfield, MA 01103
Date of Public Review Period : Public comments accepted until 5:00 p.m. on February 20, 2007.
Publication in Massachusetts Register
- Sent to Secretary of State’s Office on January 5, 2007.
- Regulations to be published in the Massachusetts Register on January 26, 2007.
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