310 CMR 60.06(6)
Table 7 is not exceeded.
3. The basis for the petition shall be one or more of the following:
a. The Executive Office did not provide the Department with complete information
about the inventory of its passenger vehicles prior to August 11, 2017;
b. The Executive Office believes that the Department made a mathematical error in
its calculation of the CO emission limit(s);
c. The Executive Office is required to increase its passenger vehicle fleet due to
unforeseen circumstances or new legislative or regulatory requirements; and/or
d. The Executive Office increases its passenger vehicle fleet to 30 or more
passenger vehicles thereby becoming subject to the CO emission limits in 310 CMR
60.06(6)(a) and (b).
4. Requirements for the Petition.
a. The Executive Office shall submit the petition to the Department no later than 60
days after the end of the calendar year in which the Executive Office seeks to have
additional CO allocated.
b. If the basis for the petition is 310 CMR 60.06(6)(c)3.a., the Executive Office shall
provide all the information in 310 CMR 60.06(7)(b).
c. If the basis for the petition is 310 CMR 60.06(6)(c)3.b., the Executive Office shall
provide a detailed explanation of the alleged mathematical error and any supporting
documentation.
d. If the basis for the petition is 310 CMR 60.06(6)(c)3.c., the Executive Office shall
describe the event leading to the need to expand the passenger vehicle fleet for the
Executive Office and also provide all the information in 310 CMR 60.06(7)(b).
e. The petition shall be signed and certified in accordance with the requirements at
310 CMR 60.06(7)(b)8.
5. In its sole discretion, the Department will approve or deny the petition in writing
within 60 days of receipt of the petition. During the 60 day review period, the
Department may request additional information from the Executive Office. Depending
on when the Department receives the information, and the volume of the information, the
Department may extend the 60 day review period.
a. If the Department approves the petition, calculates a modified or new limit,
and/or allocates additional CO , the modified CO emission limit(s) in the approval
letter shall be enforceable in lieu of the CO emission limit in 310 CMR 60.06(6)(a).
b. If the petition is approved, the Department will calculate the metric tons of CO
emissions remaining in the set-aside for the applicable calendar year and publish that
figure on its website.
(d) Petition Process for Executive Offices with less than 30 Passenger Vehicles.
1. If an Executive Office decreases its passenger vehicle fleet to less than 30 passenger
vehicles for one or more years, it may petition the Department to be excluded from CO
emission limits on its passenger vehicles.
2. Requirements for the petition.
a. The Executive Office shall submit the petition to the Department no later than 60
days after the end of the calendar year in which the Executive Office seeks to be
excluded from the CO emission limits.
b. The Executive Office shall provide all the information in 310 CMR 60.06(7)(b).
c. The petition shall be signed and certified in accordance with the requirements at
310 CMR 60.06(7)(b)8.
3. In its sole discretion, the Department will approve or deny the petition in writing
within 60 days of receipt of the petition. During the 60 day review period, the
Department may request additional information from the Executive Office. Depending
on when the Department receives the information, and the volume of the information, the
Department may extend the 60 day review period.
a. If the Department approves the petition, the Executive Office shall not have a
CO emission limit(s) unless and until the Executive Office increases its passenger
vehicle fleet to 30 or more passenger vehicles.
b. If the petition is approved, the Department will calculate the metric tons of CO
emissions remaining in the set-aside for the applicable calendar year and publish that
figure on its website.
(7) Annual Passenger Vehicle Reporting Requirements.
(a) By March 1, 2019 and by March 1 of each year thereafter, each Executive Office shall
st
submit a report to the Department for the previous calendar year.
(b) The annual report shall be submitted electronically in a format specified by the
Department, and shall include all of the following information as well as any additional
information specified in the form provided by the Department for reporting:
1. The Executive Office name, physical address, and mailing address;
2. The location of records and documents;
3. The name and contact information including e-mail address and telephone number
of the Climate Change Coordinator or authorized Executive Office official submitting
the report, and the person primarily responsible for preparing the report;
4. The calendar year for which the information is submitted;
5. For each passenger vehicle owned or leased:
a. vehicle identification number (VIN);
b. vehicle make;
c. vehicle model;
d. vehicle model year; and
e. entity within the Executive Office that owns or leases the vehicle;
6. The total gallons of gasoline and diesel, cubic feet of hydrogen and natural gas and
megawatt hours of electricity used by the passenger vehicles owned or leased by the
Executive Office;
7. Metric tons of CO emissions from passenger vehicles, by fuel, as calculated using
the equations specified in 310 CMR 60.06(5); and
8. The signature of the Climate Change Coordinator or authorized Executive Office
official, and the following certification statement: "I certify that I have personally
examined the foregoing and am familiar with the information contained in this document
and all attachments and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the information is true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including possible fines and imprisonment."
(8) Non-passenger Vehicle Reporting Requirements.
(a) By the deadlines in 310 CMR 60.06(4)(b) and (c), each Executive Office shall also
submit reports to the Department with information about non-passenger vehicles owned or
leased by that Executive Office.
(b) The reports shall be submitted electronically in a format specified by the Department,
and shall include all of the following information as well as any additional information
specified in the form provided by the Department for reporting:
1. The Executive Office name, physical address, and mailing address;
2. The location of records and documents;
3. The name and contact information including e-mail address and telephone number
of the Climate Change Coordinator or authorized Executive Office official submitting
the report, and the person primarily responsible for preparing the report;
4. The calendar year for which the information is submitted;
5. For each vehicle owned or leased that is not a passenger vehicle, and that has an
odometer:
a. vehicle identification number (VIN);
b. vehicle make;
c. vehicle model;
d. vehicle model year;
e. gross vehicle weight rating (GVWR);
f. entity within the Executive Office that owns or leases the vehicle;
g. VMT;
h. primary type of fuel used;
i. gallons of gasoline or diesel, or cubic feet of hydrogen or natural gas or megawatt
hours of electricity used as primary fuel;
j. secondary type of fuel used, if applicable;
k. gallons of gasoline or diesel, or cubic feet of hydrogen or natural gas or megawatt
hours of electricity used as secondary fuel;
l. a description of what the vehicle is used for (for example, snow plow, street
sweeper, bus, emergency response, off-road use); and
6. The signature of the Climate Change Coordinator or authorized Executive Office
official, and the following certification statement: "I certify that I have personally
examined the report and am familiar with the information contained in that report and
that, based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including possible
fines and imprisonment."
(9) Monitoring and Recordkeeping Requirements.
(a) Each Executive Office shall collect, record and maintain information sufficient to
demonstrate compliance with 310 CMR 60.06.
(b) Each Executive Office shall retain for five years documentation sufficient to
demonstrate compliance with 310 CMR 60.06 and shall provide such documentation to the
Department upon request. The documentation shall be submitted in the format and within
the time limit requested by the Department.
(10) Compliance Verification. The Department may verify compliance with 310 CMR 60.06
by conducting inspections, requesting information and records and requiring the collection of
information; provided that 310 CMR 60.06(10) does not limit the authority of the Department
as otherwise provided by law or in an authorization, determination, modification, permit, or other
approval, or by the terms of any order or other enforcement document.
(a) Access to Information. Where necessary to ascertain compliance with 310 CMR 60.06,
including actual or potential CO emissions, the Department may request of an Executive
Office information or records. The Executive Office shall, within a reasonable time, furnish
the requested information or records and shall permit Department personnel or authorized
representatives to have access to and to take images of such records.
(b) Requirement to Collect Information. When the Department has reason to believe that
an Executive Office has exceeded its CO emissions limit or violated any other condition in
310 CMR 60.06, the Department may require the Executive Office to submit the necessary
information or records to determine compliance. In doing so, the Department may require
an Executive Office to:
1. Perform audits on CO emissions records using standard procedures and methods;
2. Quantify CO emissions in accordance with the procedures and methods as the
Department may prescribe;
3. Make periodic reports to the Department, as necessary, to assure continuous
compliance with 310 CMR 60.06; and
4. Maintain other records and provide any other information as the Department might
reasonably require.
(11) Enforcement. The Department shall enforce the requirements of 310 CMR 60.06 in
accordance with applicable federal and Massachusetts law, including but not limited to
M.G.L. c. 21A, § 16; 310 CMR 5.00: Administrative Penalty; M.G.L. c. 111, §§ 2C, 142A
through 142M; and c. 21N § 7(d).
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