### Certification of Massachusetts State Implementation Plan Adequacy Regarding Clean Air Act Sections 110(a)(1) and (2) for the 2006 PM2 .5 National Ambient Air Quality Standard September 21, 2009 Summary This document provides the U .S. Environmental Protection Agency (EPA) with certification that the existing Massachusetts State Implementation Plan (SIP) adequately meets the basic (or "infrastructure") requirements of 7401 U .S .C. §2110(a)(1) and (2) (Sections 110(a)(1) and (2) of the Clean AirAct (CAA)) with respect to the 24-hour National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) promulgated by EPA on September 21, 2006 (the 2006 PM 2 .5 NAAQS) . The 2006 PM2.5 NAAQS lowered the 24-hour PM2 .5 standard from65 micrograms per cubic meter to 35 ug/m3 and left the annual PM2 .5 standard of 15ug/m3 unchanged

. Background Underthe CAA, all states are required to submit SIPs meeting the requirements of CAASections 110(a)(1) and (2) within 3 years after promulgation of a new or revised standard. Section 110(a)(1) provides the procedural and timing requirements for SIPS. Section 110(a)(2) lists the basic 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 implementthe plan. For the 2006 PM2.5 NAAQS, states must certify to EPAby September 21, 2009, that the state SIPcontains the basic (or "infrastructure") elements that will allow

the state to adequately provide for the implementation, maintenance and enforcement ofthe revised 24-hour PM NAAQS . The Massachusetts Department of Environmental Protection (MassDEP) certifies that the existing Massachusetts SIP already addresses the basic SIPelements required under the CAAand adequately provides forthe implementation, maintenance and enforcement of the 2006 PM2.5 NAAQS . Previous Infrastructure Certifications For the 1997 ozone NAAQS, on December 14, 2007, MassDEP submitted to EPAa Certification ofState Implementation Plan Adequacy Regarding CleanAir ActSections 110(a)(1) and (2) (the Ozone Certification), certifying that it met the CAASection

MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 1 of 13110(a)(1) and (2) requirements. On March 27, 2008 (73 Federal Register 16205), EPAissued a finding that, for the 1997 ozone

NAAQS, the Massachusetts SIP is complete, with the exception ofthe PSDprogram . (See discussion regarding PSDbelow .) Forthe 1997 PM2

.5 NAAQS, on April 4, 2008, MassDEP submitted to EPA a Certification ofState Implementation PlanAdequacy Regarding Clean AirAct Sections 110(a)(1) and (2)for PM2 .5 . On October 28, 2008 (73 Fed. Register 62902), EPA issued a finding that, for the 1997 PM2 .5 NAAQS, the Massachusetts SIP is complete, with the exception ofthe PSDprogram . In both findings, EPA stated the following concerning PSD : "The State of Massachusetts has failed to submit a SIP addressing section 110(a)(2)(C) and (J) pertaining to the Part CPSDpermit program . However, this requirement has already been addressed by a FIP that remains in place, and therefore, this action will nottrigger any additional FIPobligations." MassDEPanticipates that EPAwill make a similar finding for PSDfor the 2006 PM2 .5 NAAQS. As noted in Table 1, MassDEP anticipates adopting a State PSDregulation in 2010 . For the 1997 ozone and PM2 .5 NAAQS, in an October 2, 2007 memo from WilliamHarnett, Director of EPA's Air Quality Policy Division, EPAissued Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)for the 1997 8-Hour Ozone and PM2 .5 NAAQS . Massachusetts' previous certifications followed that guidance. EPAhas not issued updated guidance related to the 2006 PM 2 .5 NAAQS. Therefore, MassDEP has developed this certification to meet CAArequirements and to be consistent with the 1997 EPA guidance. Basic SIP Elements The basic 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 programimplementation as the Ozone Certification and PM2 .5 Certification previously submitted to EPA . Table 1 includes statutory, regulatory and program references that are current as of the date of this certification. Hard copies of the following documents were submitted as part ofthe December 2007 PM2 .5 Certification (and referenced in the April 2008 Ozone Certification) :1 " Section II, Legal Authority, ofthe original 1972 Massachusetts SIP for ozone. This is a narrative description of MassDEP's legal authority to adopt rules and regulations to comply with the CAA . " Legal opinions that address similar CAArequirements related to state legal authority to implement other federally mandated air pollution control programs; these include: ' This documentation is unchanged and so is incorporated by reference in this certification. Per discussion with EPA staff, additional hard copies do not need to be submitted with this certification. MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 2 of 13o November 12, 1993 and August 2, 1995, Massachusetts Attorney General's legal opinions regarding Title Vof the federal Clean Air Act and the Commonwealth's regulations at 310CMR7.00: Appendix C : Operating Permit Program ; o November 18, 1998 Massachusetts Attorney General's Supplemental Legal Opinion Regarding Section 129 of the Clean AirAct and the Commonwealth's Regulation at 310 CMR7.08(2), the Municipal Waste Combustor Regulations; o July 9, 2007 MassDEP General Counsel's legal opinion regarding the authority to adopt the Clean Air Mercury Rule State Plan and accompanying regulations 310CMR7.29and 310CMR7.02 . Conclusion The statutory authority and regulations referenced in Table 1, which are currently part of the Massachusetts SIP, meet the requirements of CAASections 110(a)(1) and (2) with respect to the 2006 PM2 .5 NAAQS. Therefore, MassDEP certifies that the existing Massachusetts SIP already addresses the SIP elements required underthe CAAand provides for the implementation, maintenance and enforcement ofthe 2006 PM2 .5 NAAQS.

MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 3 of 13

# Table 1

Massachusetts' Statutory Authority and Regulations Meeting Clean Air Act Section 110(a)(1) and (2) SIP requirements for 2006 PM2 .5 NAAQS* 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.lll, s.142 A-N . These statutes, collectively referred to measures auctions of emissions rights), as well as Massachusetts Pollution Control Laws, provide MassDEP* * with broad

schedules and timetables for compliance. . ." authority to prevent pollution or contamination ofthe 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 CMR6 .00, Ambient Air Quality Standardsfor the Commonwealth of Massachusetts

. This regulation sets a state 1-hour ozone standard and a PM standard, but it has not been updated to include an 8-hour ozone standard and a PM2 .5 standard. MassDEP intends to revise 310 CMR6.00 to adopt the 'CFRrefers to the U

.S . Code of Federal Regulations; CMRrefers to the Code of Massachusetts Regulations **MassDEPwas 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. MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 4 of 13Clean Air Act

(CAA) Section SIP requirement (Each such plan shall . . .) Massachusetts Program ' current 24-hour and annual NAAQS for PM2 .5 (and the current NAAQS for ozone) as Massachusetts ambient air quality standards. On June 26, 2009, MassDEP issued for public review, a proposed revision to 310 CMR 6 .00 , adopting the current NAAQS for PM2 .5 and ozone as Massachusetts ambient air quality standards. Apublic hearing on the proposed revision was held on August 4

. 2009. MassDEPanticipates finalizing the revisions in early 2010 . 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 CMR7.00. Air Pollution Control . With a few exceptions (for regulations that EPA did not require be part of the federally-enforceable SIN), these regulations have been submitted to EPAand 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 EPAas part ofthe SIP in 40 CFRPart 52, Subpart W . Other MassDEPregulations that have been adopted and incorporated in the SIP include: 310 CMR60.00

. Air Pollution Controlfor Mobile Sources. 310 CMR4

.00 . Timely Action &Fee Schedule Regulations. 110(a)(2)(B) . . . "provide for establishment and operation M .G.L. c. 111, s. 142B-D . These statutes give MassDEP the authority to Ambient Air of appropriate devices, methods, systems, maintain and operate air sampling stations and devices, and to require, for the quality and procedures necessary to (i) monitor, purpose of conducting a continuing inventory of air pollution sources of monitoring/data compile, and analyze data on ambient air emissions, any person to register with MassDEP and provide emissions system quality, and (ii) upon request, make such information.



### data available to the Administrator ." MassDEP regulations relating to this authority include: MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 5 of 13Clean Air Act

CAA Section SIP requirement (Each such plan shall . . .) Massachusetts Program 310 CMR7.12. Source Registration. 310 CMR7.13. Stack Testing. 310 CMR7.14. Monitoring Devices and Reports. 310 CMR7.00: Appendix C . Operating Permit Program . 310 CMR7

.00 : Appendix A

. Emissions Offsets and Nonattainment Review . I 

## I 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 EPAair quality system(AQS), no later than 90days after the end of a calendar quarter. On January 28, 1980, MassDEQE submitted to EPApursuant to 40 CFR § 52.370 (13), a comprehensive air quality monitoring plan to meet requirements of 40 CFRpart 58. On August 24, 2009, MassDEP submitted to EPAthe 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. This statute authorizes MassDEP to issue orders enforcement of subparagraph (A), and regulation of the enforcing air pollution control regulations. control measures modification and construction of any

stationary source within the areas covered by M .G.L. c. 111, s 142A-N . 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 programas required in parts Cand D

;" 

### M .G.L. c.21A, s.16. Administrative Penalties Act . I MassDEP regulations adopted pursuant to these authorities include: MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 6 of 13Clean Air Act

(CAA) Section SIP requirement (Each such plan shall . . .) Massachusetts Program 310 CMR5

.00 . Administrative Penalties. 310 CMR7

.02. Plan Approval and Emission Limitations List . 310 CMR7

.52. Enforcement Provisions. 310 CMR7.00: Appendix C . Operating Permit and Compliance Program . With respect to the permit programrequirement, MassDEP submitted a NSR Equivalency Determination to EPA-Region 1 on December 30, 2005. 110(a)(2)(D) . . . "contain adequate provisions - (i) Revision to the Massachusetts State Implementation Plan - Interstate prohibiting, consistent with the provisions of The Massachusetts SIP revision addressing the Interstate Air Pollution transport this title, any source or other type of Transport Requirements of Clean Air Act Section 110(a)(2)(D)(i),relating to

emissions activity within the State from the 1997 PM2 .5 and ozone standards, was submitted to EPAon January 31, emitting any air pollutant in amounts which 2008. In that SIP revision, MassDEP relied upon its adoption of 310 CMR will - (I) contribute significantly to 7.32, the Massachusetts Clean Air Interstate Rule (MassCAIR), to address its nonattainment in, or interfere with contribution to downwind nonattainment areas, as required by EPA's Clean maintenance by, any other State with respect Air Interstate Rule. MassDEP continues to implement the MassCAIR to any such national primary or secondary program . ambient air quality standard, or (Il) interfere with measures required to be included in the EPAhas not issued new regulations or guidance regarding how states should applicable implementation plan for any other address transport in connection with the 2006 PM2 .5 standard. MassDEP will State under part Cto prevent significant submit a separate transport SIPto EPAto address this issue once EPA has deterioration of air quality or to protect provided the necessary guidance. visibility, (ii) insuring compliance with the applicable; requirements of sections 126 and In the meantime, Massachusetts is not contributing significantly to non115 (relating to interstate and international attainment in any other state, as all areas that are downwind of Massachusetts pollution abatement) ;" are attaining the 2006 PM2.5 NAAQS . MassDEP is addressing visibility pursuant to its Regional Haze SIP, which it anticipates submitting to EPA in 2010 . NSREquivalency Determination was submitted to EPA-Region 1 on MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 7 of 13Clean Air Act SIP requirement (Each such plan shall . . .) Massachusetts Program

(CAA ) Section ( December 30, 2005. Pursuant to its PSD ProgramDelegation Agreement, MassDEP returned delegation of the PSD Programto EPAon February 23, 2003. Under the terms of the Performance Partnership Agreement between EPARegion 1 and MassDEP, EPAcontinues to administer the PSDprogram with the cooperation and assistance of MassDEP . MassDEPanticipates that this arrangement will continue for purposes of implementing PSDfor sources of PM2.5, until MassDEP adopts a state PSDregulation, which it expects to do, in 2010 . For the 1997 ozone and PM2 .5 NAAQS, EPA found that Massachusetts failed ' to submit a SIP addressing Section 110(a)(2)(C) (the Part C PSDpermit program), but 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. 110(a)(2)(E) . . . "provide (i) necessary assurances that the M .G.L. c 21A, s. 8

. Organization of departments; powers, duties and Adequate State (or, except where the Administrator functions. This statute mandates that in no event shall the department resources deems inappropriate, the general purpose authorize implementation of any plan, strategy or technology less protective of

local government or governments, or a the environment than required by any applicable federal statute. regional agency designated by the State or general purpose local governments for such M .G.L. c. 111, s. 142A-N and the accompanying regulations. These statutes purpose) will have adequate personnel, and regulations provide MassDEP with sufficient authority to carry out funding, and authority under State (and, as implementation of the plan. appropriate, local) law to carry out such implementation plan (and is not prohibited M .G .L. c. 111, s. 142E. Cooperation by, and Authority of Department over, by any provision of Federal or State law other Agencies, Commissioners, Authorities, or Political Subdivisions with from carrying out such implementation plan Respect to Air Pollution. or portion thereof), (ii) requirements that the State comply with the requirements M .G.L. c 21A, s. 8. Organization of departments ; powers, duties and MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 8 of 13Clean Air Act

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

respecting State boards under section 128, functions. and (iii) necessary assurances that, where the State has relied on a local or regional In Section Xofthe Massachusetts 1971 SIP for PM, the Bureau ofAir Use government, agency, or instrumentality for Management provided details that it had adequate personnel and funding to the implementation of any plan provision, carry out implementation of the original SIP. This resource finding has been the State has responsibility for ensuring updated in subsequent SIP submissions related to PM and ozone. MassDEP adequate implementation of such plan has continued to add staffand programs since that time and currently has provision;" adequate personnel and funding to implement the existing SIP . 110(a)(2)(F) . . . "require, as may be prescribed by the M .G.L. c . 111, s. 142A-D

. These statutes give MassDEPthe authority to Stationary Administrator - (i) the installation, maintain and operate air sampling stations and devices and to require, for the source emissions maintenance, and replacement of equipment, purpose of conducting a continuing inventory of air pollution sources of monitoring and and the implementation of other necessary emissions, any person to register with MassDEPand provide emissions reporting steps, by owners or operators of stationary information.

sources to monitor emissions fromsuch sources, (ii) periodic reports on the nature MassDEPregulations relating to this authority include: and amounts of emissions and emissions- 310 CMR7.12. Source Registration. related data fromsuch sources, and (iii) 310 CMR7.13. Stack Testing. correlation of such reports by the State 310 CMR7.14. Monitoring Devices and Reports. agency with any emission limitations or standards established pursuant to this Act, Chapter 66 : Section 1 . Public inspection and copies ofrecords; presumption; which reports shall be available at exceptions. reasonable times for public inspection;" 310 CMR3.00 . Public Records Access Regulations . 110(a)(2)(G) . . . "provide for authority comparable to that M .G.L. C .111, s.2B-C

. Air Pollution Emergencies. These statutes authorize Emergency in section 303 and adequate contingency the 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. MA 2006 PM2.5 NAAQS Certification - September, 2009 Page 9 of 13Clean AirAct

CAA Section SIPrequirement (Each such plan shall . . .) Massachusetts Program i, MassDEP regulations relating to this authority are at 310 CMR8 .00, Prevention &Abatement ofAir Pollution Episodes &Emergencies. These regulations prevent ambient air concentrations of pollutants subjectto a NAAQS fromreaching levels that would constitute significant harm to public health, consistent with the significant harmlevels and procedures for state emergency episode plans established by EPA in 40 CFR Part 51 .150. The requirement for a state to submit an emergency episode plan is based on a II priority region classification. For PM2 .5, the classification scheme that EPA j is planning to propose would require states with a 24-hour PM2 .5 'I concentration above 140 .5 ug/m3 (using the most recent three years of data) to i develop an emergency episode plan. States that do not meet this threshold I would be classified as Priority III and would not be required to develop an j emergency episode plan for PM2 .5. Massachusetts is likely to be classified as I a Class III Priority Area based on its monitored data And, if that classification ! is assigned, Massachusetts would not be required to adopt an Emergency ! Episode Plan for PM2.5. MassDEP forecasts predicts concentrations of PM2 .5 statewide throughout the ~, year and issues alerts to the public when concentrations are expected to reach I 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-N . These statutes allowMassDEPto amend its air i Future SIP fromtime to time as may be necessary to pollution control regulations fromtime to time. I 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 MA 2006 PM2.5 NAAQS Certification - September, 2009

Page 10 of 13Clean Air Act SIP requirement (Each such plan shall . . .) Massachusetts Program

(CAA) Section information available to the Administrator

that the plan is substantially inadequate to 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. 21A, 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. This statute requires MassDEP to provide notice and public comment and hearing prior to adoption of any regulations. Executive Order No. 145 . This order requires MassDEPto 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, provides for consultation.

. 110(a)(2)(J)

. . . "meet the applicable requirements of M .G.L. c . 30Arequires 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 ProgramDelegation Agreement, MassDEP returned PSDand C (relating to prevention of significant delegation of the PSD Program to EPAon February 23, 2003. Under the terms MA 2006 PM2.5 NAAQS Certification - September, 2009

Page 11 of 13Clean Air Act SIPrequirement (Each such plan shall . . .) Massachusetts Program

(CAA ) Section -visibility deterioration of air quality and visibility of the Performance Partnership Agreement between EPA Region 1 and Protection protection) ;" MassDEP, EPAcontinues to administer the PSD program with the cooperation and assistance of MassDEP . MassDEP anticipates that this arrangement will continue for purposes of implementing PSDfor sources of PM2.5 until MassDEP adopts a state PSDregulation, which it expects to do in 2010 . ' MassDEP is addressing visibility issues in its Regional Haze SIP, which will be submitted to EPAin 2010 . 110(a)(2)(K) . . . "provide for - (i) the performance of M .G.L. c. 111, s. 142B-D . These statutes give MassDEPthe authority to Air quality such air quality modeling as the maintain and operate air sampling stations and devices and to require, for the modeling/data Administrator may prescribe for the purpose purpose of conducting a continuing inventory of air pollution sources of

ofpredicting the effect on ambient air emissions, 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 CMR7 .02. Plan Approval and Emission Limitations. (ii) the submission, upon request, of data related to such air quality modeling to the i Administrator;" i 110(a)(2)(L) . . . "require the owner or operator of each M .G.L. c.21A, s.18. This statute authorizes MassDEP to promulgate Permitting fees major stationary source to pay to the regulations establishing fees .

permitting authority, as a condition of any , I permit required under this Act, a fee 310 CMR4.00 . Timely Action &Fee Schedule Regulations. These I sufficient to cover - (i) the reasonable costs regulations set permit and compliance fees, including fees for Operating of reviewing and acting upon any Permits (Title V) . 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 permit (not including any court

MA 2006 PM2.5 NAAQS Certification - September, 2009

Page 12 of 13Clean Air Act SIP requirement (Each such plan shall . . .)

(CAA) Section

110(a)(2)(M) Consultation/ Participation by affected local entities 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 ;"

. . . "provide for consultation and participation by local political subdivisions affected by the plan." Massachusetts Program

M .G .L. c. 30A

. Massachusetts Administrative Procedures Act. This statute requires MassDEP to provide notice and public comment and hearing prior to adoption of any regulations. Executive Order No. 145requires MassDEP to provide notice to the Local Government Advisory Committee, through the Massachusetts Municipal Association, to solicit input on the impact on local government.

MA 2006 PM2.5 NAAQS Certification - September, 2009

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