Commonwealth of Massachusetts 

Executive Office of Energy & Environmental Affairs 

Department of Environmental Protection 

Charles D. Baker 

Governor 

Karyn E. Polito 

Lieutenant Governor 

One Winter Street Boston, MA 02108 • 617-282-5500 

June 14, 2016 

David Conroy 

U.S. EPA - Region 1 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Dear Mr. Conroy: 

Matthew A. Beaton 

Secretary 

Martin Suuberg 

Commissioner 

By this letter the Massachusetts Department of Environmental Protection (MassDEP) commits to 

the actions listed below in support of the Infrastructure State Implementation Plan (ISIP) 

Certifications MassDEP submitted to the U.S. Environmental Protection Agency (EPA) for the 

1997 and 2008 ozone National Ambient Air Quality Standards (NAAQS), 2008 lead NAAQS, 

2010 nitrogen dioxide NAAQS, and 2010 sulfur dioxide NAAQS. 

1. MassDEP will add a definition of National Ambient Air Quality Standards (NAAQS) to 

310 CMR 7 .00 that includes a calendar date to make clear that references to NAAQS in 

310 CMR 7.00 encompass the NAAQS listed above. MassDEP will adopt this regulatory 

revision and submit it to EPA for approval into the Massachusetts SIP by no later than 

one year from the effective date of EPA's final action on the pending ISIPs. 

2. MassDEP will submit portions of 310 CMR 7.00: Appendix A: Emission Offsets and 

N onattainment Review (as shown in Attachment 1) to EPA for approval into the SIP by 

no later than one year from the effective date ofEPA's final action on the pending ISIPs. 

3. MassDEP will submit the entirety of 310 CMR 8.00, The Prevention and/or Abatement 

of Air Pollution Episode and Air Pollution Incident Emergencies, to EPA for approval 

into the SIP by no later than one year from the effective date of EPA's final action on the 

pending ISIPs. In addition, MassDEP has determined that MGL c. 111, Section 2B and 

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 

MassDEP Website: www.mass.gov/dep 

Printed on Recycled Paper 
MGL c. 21A, Section 8 together provide MassDEP with authority comparable to that in 

Clean Air Act (CAA) Section 303 regarding authority to restrain, and issue orders 

against, any person causing or contributing to air pollution that presents an imminent and 

substantial endangerment to public health or welfare, or the environment. MGL c. 111, 

Section 2B authorizes the MassDEP Commissioner to "take whatever action is necessary 

to maintain and protect the public health," and MGL c. 21A, Section 8 extends that same 

authority to actions necessary to protect the environment. Therefore, MGL c. 111, 

Section 2B and MGL c. 21A, Section 8 together provide MassDEP with authority 

comparable to that in CAA Section 303, which satisfies the SIP requirement in CAA 

Section 110(a)(2)(G). 

4. MassDEP hereby withdraws its request dated June 6, 2014, to add Section 7 ofMGL c. 

268A (the Massachusetts Conflict oflnterest Law) into the SIP. Section 7 contains statespecific penalties that do not need to be added to the SIP. MassDEP maintains its request 

to incorporate Sections 6 and 6A into the SIP. 

If you have questions or need additional information regarding this submission, please contact 

Glenn Keith at 617-292-5874. 

Sincerely, 

Christine Kirby, Director 

Air and Climate Programs 

cc: Glenn Keith, MassDEP 

Anne Arnold, EPA Region 1 

Attachment 

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Attachment 1 

New Source Review Provisions to be included in the Massachusetts SIP 

310 CMR 7.00: APPENDIX A: EMISSION OFFSETS AND NONATTAINMENT REVIEW 

(1) Introduction. 310 CMR 7.00: Appendix A sets forth the Massachusetts preconstruction review 

program for stationary sources of air pollution (not including indirect sources) pursuant to 

sections 172(c)(5) and 173 of the Clean Air Act. A new major source or major modification 

either that is located in an area designated as nonattainment pursuant to section 107(d) of the 

Act, published at 40 CFR 81, for any National Ambient Air Quality Standards (NAAQS) for 

which the source or modification would be major or that is major for volatile organic compounds 

or oxides of nitrogen must meet the stringent conditions set forth in this appendix prior to 

receiving approval to construct. These conditions are designed to insure that the increased 

emissions will be controlled to the greatest degree possible; that more than equivalent offsetting 

emission reductions (emission offsets) will be obtained from existing sources; and that there will 

be reasonable further progress toward achievement of the National Ambient Air Quality 

Standards (NAAQS). 

Major Modification means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant net emissions increase of any pollutant, 

for which the existing source is major, subject to regulation under the Act. 

* * * 

(b) For the purpose of applying the requirements of 310 CMR 7.00: Appendix A to major 

stationary sources ofNOx any significant net emissions increase ofNOx is considered 

significant for ozone, in addition to any separate requirements for NOx under part C or D of Title 

I of the Act; and 

* * * 

Major Stationary Source means any stationary source of air pollutants which emits, or has the 

federal potential emissions greater than or equal to, 100 tpy or more of any pollutant subject to 

regulation under the Act, except that lower emissions thresholds shall apply as follows: 

* * * 

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(b) For the purpose of applying the requirements of 310 CMR 7.00: Appendix A to major 

stationary sources ofNOx a stationary source that is major for NOx is considered major for 

ozone, in addition to any separate requirements for NOx under part C or D of Title I of the Act; 

and 

* * * 

Nonattainment Pollutant means an air pollutant (or precursor of the pollutant, as applicable) for 

which an area is designated nonattainment (as of the date on which a complete application is 

filed) pursuant to§ 107(d) [Nonattainment Designations] of the Act or oxides of nitrogen (NOx) 

or volatile organic compounds (VOC). 

(3) Applicability and exemptions. (see also 310 CMR 7.00: Appendix A(IO) Source Obligation.) 

* * * 

(b) The requirements of 310 CMR 7.00: Appendix A shall apply only to any new major 

stationary source or major modification that is major for either: 

1. the pollutant (or precursor of the pollutant, as applicable) for which an area is 

designated nonattainment (as of the date on which a complete application is filed) 

pursuant to§ 107(d) [Nonattainment Designations] of the Act ifthe stationary source or 

modification would be constructed in the designated nonattainment area; or 

2. oxides of nitrogen (NOx) or volatile organic compounds (VOC). 

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