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 DearMr. Conroy: Matthew A. Beaton Secretary Martin Suuberg Commissioner

Bythis letter the Massachusetts Department ofEnvironmental Protection (MassDEP) commits to the actions listed belowin support ofthe Infrastructure State Implementation Plan (ISIP) Certifications MassDEP submitted to the U.S. Environmental ProtectionAgency (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 ofNational 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 theNAAQS 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 ofEPA's final action onthe pending ISIPs. 2. MassDEP will submit portions of310 CMR 7.00: Appendix A: Emission Offsets and Nonattainment 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 onthe pending ISIPs. 3. MassDEP will submit the entirety of310 CMR 8.00, The Prevention and/or Abatement ofAir PollutionEpisode and Air Pollution Incident Emergencies, to EPA for approval into the SIP by no later than one year from the effective date ofEPA's final action onthe 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 PaperMGL c. 21A, Section 8together provide MassDEP with authority comparable to that in CleanAir Act (CAA) Section 303 regarding authority to restrain, and issue orders against, anyperson causing or contributingto air pollutionthat presents animminent and substantial endangerment to public health or welfare, orthe 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 oflnterestLaw) 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. Ifyou 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 inthe Massachusetts SIP 310 CMR7.00: APPENDIX A: EMISSION OFFSETS AND NONATTAINMENT REVIEW

(1) Introduction. 310 CMR 7.00: AppendixA sets forth the Massachusetts preconstructionreview program for stationary sources ofair pollution (not including indirect sources) pursuantto sections 172(c)(5) and 173 ofthe CleanAirAct. A newmajor source or major modification either that is located in an area designated as nonattainment pursuantto section 107(d) ofthe Act, published at 40 CFR 81, for any National Ambient Air Quality Standards (NAAQS) for which the source ormodification wouldbe major or that is major for volatile organic compounds or oxides ofnitrogen mustmeet the stringent conditions set forth inthis appendix priorto receiving approval to construct. These conditions are designed to insure that the increased emissions will be controlled to the greatest degree possible; that morethan equivalent offsetting emissionreductions (emission offsets) will be obtained from existing sources; and that there will be reasonable further progress toward achievement ofthe National AmbientAir Quality Standards (NAAQS).

Major Modification means anyphysical change in or change inthe method ofoperation ofa major stationary source that would result in a significantnet emissions increase ofanypollutant, for which the existing source is major, subject to regulation under the Act. 

### * * * (b) Forthe purpose ofapplying the requirements of310 CMR7.00:AppendixA to major stationary sources ofNOx any significant net emissions increase ofNOxis considered significant for ozone, in addition to any separate requirements for NOx under part C orD ofTitle I ofthe Act; and 

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Major Stationary Source means any stationary source ofairpollutants which emits, orhas the federal potential emissions greater than or equal to, 100 tpy ormore ofanypollutant subject to regulation under the Act, exceptthat lower emissions thresholds shall apply as follows: 

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3(b) Forthe purpose ofapplying the requirements of310 CMR 7.00: AppendixA to major stationary sources ofNOx a stationary source that is major for NOxis considered major for ozone, in addition to any separate requirements for NOx under part C or D ofTitle I ofthe Act; and 

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Nonattainment Pollutant means an air pollutant (orprecursor ofthe pollutant, as applicable) for which an area is designated nonattainment (as ofthe date on which a complete application is filed) pursuant to§ 107(d) [Nonattainment Designations] ofthe Act or oxides ofnitrogen (NOx) or volatile organic compounds (VOC).

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

## * * * (b) The requirements of310 CMR 7.00: AppendixA shall apply only to any newmajor stationary source or major modificationthat is major for either: 1. the pollutant (or precursor ofthe pollutant, as applicable) for which an area is designated nonattainment (as ofthe date on which a complete application is filed) pursuant to§ 107(d) [Nonattainment Designations] ofthe Act ifthe stationary source or modification would be constructed in the designated nonattainment area; or 2. oxides ofnitrogen (NOx) or volatile organic compounds (VOC).

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