. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/USA/750 
21 September 2012  
 (12-5080) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  UNITED STATES  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  State of Massachusetts (758) 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :    
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other: [X] 3.2 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Vehicle emissions 
(ICS 13.040, 43.040). 
5. Title, number of pages and langua ge(s) of the notified document:  Low Emission Vehicle 
Program (47 pages, in English). 
6. Description of content:  The Massachusetts Department of Environmental Protection 
(MassDEP) is proposing to amend 310 CMR 7. 52 to remove a reference to building 
inspectors. The amendment was requested by th e Department of Public Safety (DPS). The 
regulation currently states that building inspecto rs have legal authority  to enforce MassDEP's 
regulations at 310 CMR 7.00 where 310 CMR 7. 52 is specifically referenced in the 
regulations. The General Counsel for the Depa rtment of Public Safety has informed 
MassDEP that building inspectors canno t legally enforce these regulations.  
Massachusetts General Laws, Chapter 111, §§ 142A-D provides MassDEP with the authority 
to adopt regulations to prevent, control or abate conditions of air pollution where and when 
such occur. There are also many local officials who have delegated authority to regulate conditions of air pollution. MassDEP promulgated regulations at 310 CMR 6.00-8.00 for the 
control of air pollution. In part icular, 310 CMR 7.52 identifies those local officials who also 
have authority to enforce the air pollution control regulations at 310 CMR 7.00. 310 CMR 
7.52 became part of MassDEP's State Implementation Plan (SIP) for the attainment of the 
ozone National Ambient Air Qual ity Standard (NAAQS) in 1972. 
310 CMR 7.52 included building inspectors am ong those local officials who had legal 
authority to enforce aspects of 310 CMR 7.00. The General Counsel for the Department of 
Public Safety has informed MassDEP that such  building inspectors do not have such legal 
authority pursuant to public safe ty statutory authority. The Department is now proposing to 
correct the error by deletion of the refere nce to building inspectors in 310 CMR 7.52. G/TBT/N/USA/750 
Page 2  
 
  Upon final promulgation of this proposed amendment, the Department will submit the 
corrected regulation as a revisi on to the Department's SIP. Since the Department has not 
quantified nor relied on VOC or other air emissions reductions from enforcement efforts of 
local officials in its existing ozone SIP or in  any other SIP the amendment of this regulation 
will not be considered back slidi ng under §193 of the Clean Air Act (CAA). 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of the environment and consumers  
8. Relevant documents:   Notice of P ublic Hearing:  
http://www.sec.st ate.ma.us/spr/sprpub/080312b.pdf  
Background to proposed amendments:  
http://www.mass.gov/dep/servic e/regulations/proposed/752pkg.pdf  
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
10. Final date for comments:  14 September 2012 
11. Text available from:  National enquiry point [  ], or address, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:  
http://www.mass.gov/dep/service/ regulations/proposed/740dreg.pdf