Commonwealth of Massachusetts 

Department of Environmental Protection 

Certification of Massachusetts 

State Implementation Plan Adequacy Regarding 

Clean Air Act Sections 110(a)(1) and (2) 

For PM2.5 

April 4, 2008 
Certification of Massachusetts State Implementation Plan Adequacy 

Regarding Clean Air Act Sections 110(a)(1) and (2) For PM2.5 

The purpose of this document is to provide the U.S . Environmental Protection Agency (EPA) 

with certification that the Massachusetts State Implementation Plan (SIP) for air quality 

adequately meets the "infrastructure" requirements of 7401 U.S .C . §2110(a)(1) and (2) (Sections 

110(a)(1) and (2) of the Clean Air Act) with respect to the National Ambient Air Quality 

Standard (NAAQS) for PM2.5 promulgated by EPA in 1997. 

EPA provided Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 

1997 8-Hour Ozone and PM2.5 NAAQS in an October 2, 2007 memo from William Harnett, 

Director of EPA's Air Quality Policy Division . Consistent with the EPA Guidance, the 

Massachusetts Department of Environmental Protection (MassDEP) certifies that the existing 

Massachusetts SIP already addresses the basic SIP elements required under the Clean Air Act 

and adequately provides for the implementation, maintenance and enforcement of the 1997 

PM2.5 NAAQS. 

Background 

On July 18, 1997, EPA promulgated new and revised NAAQS for ozone and particulate matter 

(PM) . For ozone, EPA revised the NAAQS to provide an 8-hour averaging period (versus a 1-

hour averaging period for the pre-existing NAAQS) . For PM, EPA promulgated a new 24-hour 

and a new annual NAAQS for PM2.5 (particles with an aerodynamic diameter less than or equal 

to 2 .5 micrometers).' (The prior NAAQS was for PM10 -particles less than or equal to 10 

micrometers.) Massachusetts is designated as non-attainment for the 1997 8-hour ozone 

standard and is designated as attainment/unclassifiable for the 1997 PM2.5 standard . 

Under Sections 110(a)(1) and (2) of the Clean Air Act, all states are required to submit SIPs 

meeting the requirements of Sections 110(a)(1) and (2) within 3 years after promulgation of a 

new or revised standard . Thus, states were required to submit SIPs for the 1997 standards to EPA 

no later than July 2000 . Litigation over the 1997 ozone and PM2.5 NAAQS delayed the 

implementation of the standards and the filing of SIPS . 

Section 110(a)(1) provides the procedural and timing requirements for SIPS . Section 110(a)(2) 

lists the basic or "infrastructure" elements that all SIPs must contain; these include emissions 

inventories, ambient air quality monitoring and data systems, programs for enforcement of 

control measures and adequate resources to implement the plan. In addition, SIPs must address 

interstate transport of air pollution under Section 110(a)(2)(D)(i). Areas that EPA has designated 

as nonattainment of a NAAQS must also submit an attainment SIP demonstrating how the area 

will attain the standard by a prescribed attainment date. 2 

I In December 2006, EPA again revised the annual NAAQS for PM2.5 . It strengthened the 24-hour standard and left 

the annual standard unchanged. In March 2008, EPA adopted a tighter 8-hour ozone standard . 

Z MassDEP submitted its Ozone Attainment Demonstration SIP to EPA on January 31, 2008. It is not required to 

submit an attainment demonstration SIP for PM2.5 . 

MassDEP PM2.5 Infrastructure Certification - Page 3 of 15 
In March of 2004, Earth Justice initiated a lawsuit against EPA alleging that EPA failed to make 

findings that states had not submitted SIPs in accordance with the requirements of Sections 

110(a)(1) and (2). On March 10, 2005, EPA entered into a Consent Decree with Earth Justice 

that obligated EPA to determine whether states have made SIP submissions required to meet 

Section 110(a)(2)(D)(i) relating to interstate transport by March 15, 2005 . MassDEP submitted 

to EPA on December 14, 2007, the Final Massachusetts State Implementation Plan Revision to 

Meet Clean Air Act Section 110(a)(2)(D)(i) Interstate Air Pollution Requirements (the Transport 

SIP) addressing both ozone and PM2.5 . 

The Consent Decree also obligated EPA to make a determination whether States have made 

submissions necessary to meet the remaining (non-transport) Section 110(a)(1) and (2) 

requirements for SIP elements for the ozone NAAQS by December 15, 2007, and by October 5, 

2008 for the PM2.5 NAAQS.3 For the ozone NAAQS, on December 14, 2007, MassDEP 

submitted to EPA a Certification of State Implementation Plan Adequacy Regarding Clean Air 

Act Sections I10(a)(1) and (2) (the Ozone Certification), certifying that it met the remaining 

basic SIP Section 110(a)(1) and (2) requirements . EPA issued a determination on March 17, 

2008 finding that, with respect to the ozone NAAQS, the Massachusetts SIP is complete, with 

the exception of the PSD program.4 

This document constitutes MassDEP's certification that it already meets the remaining basic SIP 

Section 110(a)(1) and (2) requirements with respect to the PM2.5 NAAQS. It generally relies on 

the same statutory authority and regulations referenced in the Ozone Certification, as noted 

below. 

Certification of Basic SIP Elements 

The basic or "infrastructure" SIP elements required under Section 110(a)(2) are listed in Table 1 . 

Table 1 also lists the Massachusetts statutes and regulations that are already part of the 

Massachusetts SIP and satisfy the Section 110(a)(2) requirement. This PM2.5 NAAQS 

Certification is based on the same documentation of legal authority and program implementation 

as the Ozone Certification previously submitted to EPA. 

A description of MassDEP's legal authority to adopt rules and regulations to comply with the 

Clean Air Act is in the attached Section II, Legal Authority from the original 1972 Massachusetts 

SIP for ozone. s Also attached are several legal opinion submittals (also submitted with the Ozone 

' EPA is requiring that states submit their certifications related to PM2.5 by April 4, 2008, so that EPA can issue its . 

determination by October 5, 2008. 

4 EPA's findings with respect to the Ozone Certification are at 73 Fed. Register 16205, March 27, 2008. For PSD, 

EPA found that Massachusetts failed to submit a SIP addressing Section 110(a)(2)(C) (the Part C PSD permit 

program), but that this requirement has already been addressed in a Federal Implementation Plan (FIP) that remains 

in place. The finding will, therefore, not trigger any additional F1P obligation . MassDEP accepted delegation of the 

PSD program from EPA in 1982 and implemented the program until it returned implementation to EPA in 2003. 

Under the terms of the Performance Partnership Agreement between EPA Region 1 and MassDEP, EPA administers 

the PSD program with the cooperation and assistance of MassDEP. 

5 The attached Section II - Legal Authority of the original 1972 Ozone SIP was submitted with the Ozone 

Certification. The original Massachusetts SIP for particulate matter (at that time, defined as Total Suspended 

Particulates) was submitted to EPA in 1971 and was based on the same general statutory provisions referenced in 

Section 11 of the 1972 Ozone SIP. 

MassDEP PM2.5 Infrastructure Certification - Page 4 of 15 
Certification) that address similar Clean Air Act requirements related to state legal authority to 

implement other federally mandated air pollution control programs. These include the 

following: November 12, 1993 and August 2, 1995, Massachusetts Attorney General's legal 

opinions regarding Title V of the federal Clean Air Act and the Commonwealth's regulations at 

310 CMR 7 .00 : Appendix C: Operating Permit Program; November 18, 1998 Massachusetts 

Attorney General's Supplemental Legal Opinion Regarding Section 129 of the Clean Air Act 

and the Commonwealth's Regulation at 310 CMR 7.08(2), the Municipal Waste Combustor 

Regulations; and the July 9, 2007 MassDEP's General Counsel's legal opinion regarding the 

authority to adopt the Clean Air Mercury Rule State Plan and accompanying regulations 310 

CMR 7.29 and 310 CMR 7.02. 

Conclusion 

The statutory authority and regulations referenced in Table l, which are currently part of the 

Massachusetts SIP, meet the requirements of Clean Air Act Sections 110(a)(1) and (2) with 

respect to the 1997 PM2.5 NAAQS. Therefore, MassDEP certifies that the existing 

Massachusetts SIP already addresses the SIP elements required under the Clean Air Act and 

provides for the implementation, maintenance and enforcement of the 1997 PM2.5 NAAQS. 

MassDEP PM2.5 Infrastructure Certification - Page 5 of 15 
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MassDEP PM2.5 Infrastructure Certification - Page 6 of 15 
Table 1 

Massachusetts' Statutory Authority and Regulations Meeting Clean Air Act 

Section 110(a)(1) and (2) SIP requirements for PM2.5` 

Clean Air Act 

CAA Section 

SIP requirement (Each such plan shall. . .) Massachusetts Program 

110(a)(2)(A) . . . "include enforceable emission limitations M.G.L. c 21A, s. 8. Organization of departments; powers, duties and 

Emission limits and other control measures, means, or functions. 

and other techniques (including economic incentives 

control such as fees, marketable permits, and M.G.L. c.111, s.142 A- M, collectively referred to Massachusetts Pollution 

measures auctions of emissions rights), as well as Control Laws, provides MassDEP with broad authority to prevent pollution or 

schedules and timetables for compliance . . ." contamination of the atmosphere and to prescribe and establish regulations to 

prevent pollution or undue contamination of the atmosphere. 

M.G.L. c. 21A, s. 18, MassDEP's fee statute 

MassDEP Regulations: 

In accordance with the above-referenced authority, MassDEP adopted 310 

CMR 6.00, Ambient Air Quality Standards for the Commonwealth of 

Massachusetts. This regulation sets a state standard for particulate matter, but 

it has not been updated to include a PM2.5 standard . MassDEP intends to 

revise this regulation to adopt the current NAAQS for PM2.5 (and for ozone) 

as Massachusetts ambient air quality standards. In the meantime, however, all 

MassDEP regulations that require compliance with an ambient air quality 

standard require compliance with the NAAQS. Therefore, the out-of-date state 

ambient air quality standards in 310 CMR 6 .00 do not have a regulatory 

impact . 

MassDEP also adopted regulations to control air pollution at 310 CMR 7.00 et 

; CFR refers to the U.S . Code of Federal Regulations ; CMR refers to the'Code of Massachusetts Regulations; MassDEP was formerly known as the Department of 

Environmental Quality Engineering or DEQE, and prior to that Bureau of Air Quality Control in the Massachusetts Department of Public Health. 

MassDEP PM2.5 Infrastructure Certification - Page 7 of 15 
Clean Air Act I SIP requirement (Each such plan shall. . .) 

(CAA) Section 

110(a)(2)(13) 

Ambient Air 

quality 

monitoring/data 

system 

. . . "provide for establishment and operation 

of appropriate devices, methods, systems, 

and procedures necessary to (i) monitor, 

compile, and analyze data on ambient air 

quality, and (ii) upon request, make such 

data available to the Administrator." 

Massachusetts Program 

al . Air Pollution Control . With a few exceptions (for regulations that EPA did not require be part of the federally-enforceable SIPs), these regulations have been submitted to EPA and incorporated into the Massachusetts SIP, as 

detailed in the numerous MassDEP SIP revisions submitted since the original 1971 PM SIP and 1972 Ozone SIP and approved by EPA as part of the SIP in 40 CFR Part 52, Subpart W. 

Other MassDEP regulations that have been adopted and incorporated in the SIP include: 

310 CMR 60.00 Air Pollution Control for Mobile Sources. 

310 CMR 4.00 Timely Action & Fee Schedule Regulations 

M.G.L. c. 111, s. 142B-D, gives MassDEP the authority to maintain and operate air sampling stations and devices, and may require, for the purpose of conducting a continuing inventory of air pollution sources of emissions, any 

person to register with MassDEP and provide emissions information. 

MassDEP regulations relating to this authority include: 

310 CMR 7.12 Source Registration 

310 CMR 7.13 Stack Testing 

310 CMR 7.14 Monitoring Devices and Reports 

310 CMR 7.00: Appendix C Operating Permit Program 

MassDEP collects and reports ambient air quality data for 03, S02, N02, Pb, CO, PM1o and PM2.5 . These data are reviewed and validated before being sent to the EPA air quality system (AQS), no later than 90 days after the end of a calendar quarter. 

On January 28, 1980, MassDEQE (predecessor to MassDEP) submitted to EPA pursuant to 40 CFR § 52.370 (13), a comprehensive air quality 

monitoring plan, intended to meet requirements of 40 CFR part 58 . 

MassDEP PM2.5 Infrastructure Certification - Page 8 of 15 
Clean Air Act SIP requirement (Each such plan shall. . .) Massachusetts Program 

CAA Section 

On May 1, 2007, MassDEP submitted to EPA the most recent annual air 

monitoring network plan. 

110(a)(2)(C) . . . "include a program to provide for the M.G.L. c 111, s.2C. Pollution violations ; orders of department of 

Program for enforcement of the measures described in environmental protection, authorizes MassDEP to issue orders enforcing air 

enforcement of subparagraph (A), and regulation of the pollution control regulations 

control modification and construction of any 

measures stationary source within the areas covered by M.G.L. c. 111, s 142A-M Massachusetts Pollution Control Laws authorize 

the plan as necessary to assure that national MassDEP to adopt regulations to control pollution or contamination of 

ambient air quality standards are achieved, atmosphere ; and enforce such regulations and issue penalties. 

including a permit program as required in 

parts C and D;" M.G.L. c.21A, s.16 Administrative Penalties Act 

MassDEP regulations adopted pursuant to these authorities include : 

310 CMR 5.00 Administrative Penalties 

310 CMR 7.02 Plan Approval and Emission Limitations List 

310 CMR 7.52 Enforcement Provisions 

310 CMR 7.00: Appendix C Operating Permit and Compliance Program 

With respect to the permit program requirement, MassDEP submitted a NSR 

Equivalency Detennination to EPA-Region I on December 30, 2005 . 

110(a)(2)(D) . . . "contain adequate provisions - (i) Revision to the Massachusetts State Implementation Plan -The SIP I 

Interstate prohibiting, consistent with the provisions of revision addressing the Interstate Air Pollution Transport Requirements of 

transport this title, any source or other type of Clean Air Act Section 110(a)(2)(D)(i), was submitted to EPA on January 31, 

emissions activity within the State from 2008. 

emitting any air pollutant in amounts which 

will - (I) contribute significantly to NSR Equivalency Determination was submitted to EPA-Region 1 on 

nonattainment in, or interfere with December 30, 2005 . 

maintenance by, any other State with respect 

MassDEP PM2.5 Infrastructure Certification - Page 9 of 15 
Clean Air Act I SIP requirement (Each such plan shall. . .) Massachusetts Program ~AA) Section 

110(a)(2)(E) 

Adequate 

resources 

to any such national primary or secondary 

ambient air quality standard, or (11) interfere 

with measures required to be included in the 

applicable implementation plan for any other 

State under part C to prevent significant 

deterioration of air quality or to protect 

visibility, (ii) insuring compliance with the 

applicable; requirements of sections 126 and 

115 (relating to interstate and international 

pollution abatement);" 

. . . "provide (i) necessary assurances that the 

State (or, except where the Administrator 

deems inappropriate, the general purpose 

local government or governments, or a 

regional agency designated by the State or 

general purpose local governments for such 

purpose) will have adequate personnel, 

funding, and authority under State (and, as 

appropriate, local) law to carry out such 

implementation plan (and is not prohibited 

by any provision of Federal or State law 

from carrying out such implementation plan 

or portion thereof), (ii) requirements that the 

State comply with the requirements 

respecting State boards under section 128, 

Pursuant to its PSD Program Delegation Agreement, MassDEP returned 

delegation of the PSD Program to EPA on February 23, 2003 . Under the 

terms of the Performance Partnership Agreement between EPA Region 1 and MassDEP, EPA continues to administer the PSD program with the 

cooperation and assistance of MassDEP. MassDEP anticipates that this arrangement will continue for purposes of implementing PSD for sources of PM2.5 . In implementing the PSD program in Massachusetts, EPA is using PM 10 as a surrogate for PM2.5, consistent with EPA guidance. EPA has not yet issued the final NSR/PSD rule for PM2.5 . 

For the ozone NAAQS, EPA found that Massachusetts failed to submit a SIP addressing Section 110(a)(2)(C) (the Part C PSD permit program), but that this requirement has already been addressed in a Federal Implementation Plan (FIP) that remains in place and that the finding will, therefore, not trigger any additional FIP obligation. 

iVI.G.L. c 21A, s. 8. Organization of departments; powers, duties and 

functions . Specifically, it mandates that in no event shall the department 

authorize implementation of any plan, strategy or technology less protective of the environment than required by any applicable federal statute. 

M.G.L. c. 111, s. 142A-M and the accompanying regulations provides 

MassDEP with sufficient authority to carry out implementation of the plan. 

M.G.L. c. 111, s. 142E Cooperation by, and Authority of Department over, other Agencies, Commissioners, Authorities, or Political Subdivisions with Respect to Air Pollution. 

M.G.L. c 21A, s. 8. Organization of departments; powers, duties and 

functions 

MassDEP PM2.5 Infrastructure Certification - Page 10 of 15 
Clean Air Act SIP requirement (Each such plan shall. . .) Massachusetts Program 

CAA Section 

and (iii) necessary assurances that, where the In Section X of the Massachusetts 1971 SIP for PM, the Bureau of Air Use 

State has relied on a local or regional Management provided details that it had adequate personnel and funding to 

government, agency, or instrumentality for carry out implementation of the original SIP. This resource finding has been 

the implementation of any plan provision, updated in subsequent SIP submissions related to PM and ozone. MassDEP 

the State has responsibility for ensuring has continued to add staff and programs since that time and currently has 

adequate implementation of such plan adequate personnel and funding to implement the existing SIP. 

provision;" 

110(a)(2)(F) . . . "require, as may be prescribed by the M.G.L. c. 111, s. 142A-D, gives MassDEP the authority to maintain and 

Stationary Administrator - (i) the installation, operate air sampling stations and devises, and may require, for the purpose of 

source emissions maintenance, and replacement of equipment, conducting a continuing inventory of air pollution sources of emissions, ' 

monitoring and and the implementation of other necessary require any person to register with MassDEP and provide emissions II 

reporting steps, by owners or operators of stationary information . ' 

sources to monitor emissions from such 

sources, (ii) periodic reports on the nature MassDEP regulations relating to this authority include: 

and amounts of emissions and emissions- 310 CMR 7.12 Source Registration 

related data from such sources, and (iii) 310 CMR 7.13 Stack Testing 

correlation of such reports by the State 310 CMR 7.14 Monitoring Devices and Reports , 

agency with any emission limitations or 

standards established pursuant to this Act, Chapter 66: Section 1. Public inspection and copies of records; presumption; ' 

which reports shall be available at exceptions 

reasonable times for public inspection;" ', 

310 CMR 3.00 Public Records Access Regulations I 

110(a)(2)(G) . . . "provide for authority comparable to that M.G.L. C.111, s.2B-C Air Pollution Emergencies authorizes the ' 

Emergency in section 303 and adequate contingency Commissioner of MassDEP to determine that a condition or impending 

power plans to implement such authority;" condition of the atmosphere in the commonwealth or in any part thereof 

constitutes a present or reasonably imminent danger to health, and may, with ', 

the approval of the governor, declare an air pollution emergency and cause the , 

fact to be made known to the public . ', 

MassDEP regulations relating to this authority are at 310 CMR 8.00 et.al, 

MassDEP PM2.5 Infrastructure Certification - Page 11 of 15 
Clean Air Act 

CAA Section 

SIP requirement (Each such plan shall. . .) Massachusetts Program 

', 

Prevention & Abatement ofAir Pollution Episodes & Emergencies. These 

regulations prevent ambient air concentrations of pollutants subject to a 

NAAQS from reaching levels that would constitute significant harm to public 

health, consistent with the significant harm levels and procedures for state 

emergency episode plans established by EPA in 40 CFR Part 51 .150. li 

The requirement for a state to submit an emergency episode plan is based on a 

priority region classification . For PM2.5, the classification scheme that EPA 

is planning to propose would require states with a 24 -hour PM2.5 ' 

concentration above 140.5 ug/m3 (using the most recent three years of data) to ' 

develop an emergency episode plan. States that do not meet this threshold ' 

would be classified as Priority III and would not be required to develop an 

emergency episode plan for PM2.5 . EPA has determined that Massachusetts is 

a Class III Priority Area and is not required to adopt an Emergency Episode 

Plan for PM2.5 . 

MassDEP forecasts predicted concentrations of PM2.5 statewide throughout 

the year and issues alerts to the public when concentrations are expected to ', 

reach unhealthy levels using the Air Quality Index and will continue to do so. 

110(a)(2)(H) . . . "provide for revision of such plan - (i) M.G.L. c. 111, s. 142A-Mallow MassDEP to amend its air pollution control 

Future SIP from time to time as may be necessary to regulations from time to time. 

revisions take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or 

more expeditious methods of attaining such 

standard, and (ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the Administrator 

that the l an is substantially inadequate to 

MassDEP PM2.5 Infrastructure Certification - Page 12 of 15 
Clean Air Act SIP requirement (Each such plan shall. . .) Massachusetts Program 

CAA Section 

attain the national ambient air quality 

standard which it implements or to otherwise 

comply with any additional requirements 

established under this Act;" 

110(a)(2)(J) . . . "meet the applicable requirements of M.G.L. c Z1A, s. 8. Organization of departments; powers, duties and 

Consultation section 121 (relating to consultation) functions . 

with 

government M.G.L. c. 111, s. 142E Cooperation by, and Authority of Department over, 

officials other Agencies, Commissioners, Authorities, or Political Subdivisions with 

Respect to Air Pollution. 

M.G.L. c. 30A, Massachusetts Administrative Procedures Act, requires 

MassDEP to provide notice and public comment and hearing prior to adopting 

of any regulations. 

Executive Order No. 145 requires MassDEP to provide notice to the Local 

Government Advisory Committee, through the Massachusetts Municipal 

Association, to solicit input on the impact on local government. 

Massachusetts SIP Steering Committee, established pursuant to the Clean 

Air Amendments of 1990. 

110(a)(2)(J) . . . "meet the applicable requirements of M.G.L. c. 30A requires MassDEP to provide notice and public comment and 

Public section 127 (relating to public notification), hearing prior to adoption of any regulations. 

notification 

110(a)(2)(J) . . . "meet the applicable requirements of part Pursuant to its PSD Program Delegation Agreement, MassDEP returned 

PSD and C (relating to prevention of significant delegation of the PSD Program to EPA on February 23, 2003 . Under the terms 

visibility deterioration of air quality and visibility of the Performance Partnership Agreement between EPA Region 1 and 

Protection protection);" MassDEP, EPA continues to administer the PSD program with the 

MassDEP PM2.5 Infrastructure Certification - Page 13 of 15 
Clean Air Act SIP requirement (Each such plan shall. . .) Massachusetts Program 

CAA Section 

cooperation and assistance of MassDEP. MassDEP anticipates that this 

arrangement will continue for purposes of implementing PSD for sources of 

PM2.5 . In implementing the PSD program in Massachusetts, EPA is using 

PM 10 as a surrogate for PM2.5, consistent with EPA guidance. EPA has not 

yet issued the final NSR/PSD rule for PM2.5 . 

MassDEP will address visibility issues in its Regional Haze SIP, which will be 

submitted to EPA in 2008 . (The Regional Haze SIP is discussed in greater 

detail in the Transport SIP revision submitted to EPA in December 2007.) 

110(a)(2)(K) . . . "provide for - (i) the performance of M.G.L. c. 111, s. 142B-D, gives MassDEP the authority to maintain and 

Air quality such air quality modeling as the operate air sampling stations and devises, and may require, for the purpose of 

modeling/data Administrator may prescribe for the purpose conducting a continuing inventory of air pollution sources of emissions, 

of predicting the effect on ambient air require any person to register with MassDEP and provide emissions 

quality of any emissions of any air pollutant information. 

for which the Administrator has established 

a national ambient air quality standard, and 310 CMR 7.02 Plan Approval and Emission Limitations 

(ii) the submission, upon request, of data 

related to such air quality modeling to the 

Administrator;" 

110(a)(2)(L) . . . "require the owner or operator of each M.G.L. c.21A, s.18 authorizes MassDEP to promulgate regulations 

Permitting fees major stationary source to pay to the establishing fees. 

permitting authority, as a condition of any 

permit required under this Act, a fee 310 CMR 4.00 Timely Action & Fee Schedule Regulations - sets permit and 

sufficient to cover - (i) the reasonable costs compliance fees, including fees for Operating Permits (Title V). 

of reviewing and acting upon any 

application for such a permit, and (ii) if the 

owner or operator receives a permit for such 

source, the reasonable costs of implementing 

and enforcing the terms and conditions of 

any such ermit (not including any court 

MassDEP PM2.5 Infrastructure Certification - Page 14 of 15 
Clean Air Act 

CAA Section 

SIP requirement (Each such plan shall. . .) Massachusetts Program 

I costs or other costs associated with any 

enforcement action), until such fee 

requirement is superseded with respect to 

such sources by the Administrator's approval 

of a fee program under 

title V;" 

110(a)(2)(M) . . . "provide for consultation and M.G.L. c. 30A, Massachusetts Administrative Procedures Act, requires 

Consultation/ participation by local political subdivisions MassDEP to provide notice and public comment and hearing prior to adopting I 

Participation by affected by the plan." of any regulations. 

affected local 

entities Executive Order No. 145 requires MassDEP to provide notice to the Local 

Government Advisory Committee, through the Massachusetts Municipal 

Association, to solicit input on the impact on local government. 

MassDEP PM2.5 Infrastructure Certification - Page 15 of 15