Commonwealth of Massachusetts 

Department of Environmental Protection 

Certification of State Implementation Plan Adequacy 

Regarding Clean Air Act Sections llO(a)(l) and (2) 

December 14, 2007 

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Certification of Massachusetts State Implementation Plan Adequacy 

Regarding Clean Air Act Sections llO(a)(l) and (2) 

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 of7401 U.S.C. §21 lO(a)(l) and (2) (Sections 

l IO(a)(l) and (2) of the Clean Air Act. This certification was requested in an October 2, 2007 

EPA memo from William Harnett, Director ofEPA's Air Quality Policy Division. 

As discussed in the Hamett memo, on July 18, 1997, the EPA promulgated new and 

revised National Ambient Air Quality Standards (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), and set the level of the standard at 0.08 ppm 

(versus 0.12 ppm forthe pre-existing NAAQS). For PM, EPA promulgated anew 24-hour and a 

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

nominal 2.5 micrometers). Under Sections 1 lO(a)(l) and (2) of the CAA, all States are required 

to submit plans (SIP) to provide for the implementation, maintenance, and enforcement of the 8-

hour ozone and PM2.5 standards. Sections 1 lO(a)(l) and (2) require States to address basic SIP 

requirements, including emissions inventories, monitoring, and modeling to assure attainment 

and maintenance of the standards. By statute, SIPs meeting the requirements of sections 

11 O(a)(l) and (2) are to be submitted by States within 3 years after promulgation of a new or 

revised standard. This being the case, States were required to submit such SIPs for the 1997 

standards to EPA no later than July 2000. However, intervening litigation over the 1997 

8-hour ozone and PM2.5 NAAQS created uncertainty about how to proceed and, to date, states 

have not submitted SIPs to meet the basic or infrastructure requirements enumerated in sections 

1 lO(a)(l) and (2). 

In March of 2004, Earth Justice initiated a lawsuit against EPA for failure to take action 

against States that had not made SIP submissions to meet the requirements of sections 11 O(a)(l) 

and (2), i.e., failure to make a "finding of failure to submit." 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 CAA section 110(a)(2)(D)(i) relating to interstate 

transport by no later than March 15,2005. The Consent Decree also obligated EPA to make a 

determination whether States have made submissions necessary to meet the remaining 1 lO(a)(l) 

and (2) requirements by December 15,2007, for the 8-hour ozone NAAQS, and by October 5, 

2008, for the PM2.5 NAAQS. To the extent that existing SIPs for ozone and particulate matter 

already meet these requirements, States need only certify that fact to the EPA. 

The Massachusetts Department of Environmental Protection (MassDEP) is submitting 

this document to certify that its SIP already meets most of the section 1IO(a)(l1) and (2) 

requirements. The Commonwealth of Massachusetts State Implementation Plan, officially 

submitted to EPA on January 27, 1972 and numerous subsequent revisions, explicitly fulfilled 

most of these requirements. Several SIP revisions are still pending at EPA. As detailed in the 

attached table, the Section 110(a)(2) requirements are fulfilled in by referencing sections from 

the Massachusetts General Laws (M.G.L.) pertaining to the duties and powers of the 

Commissioner of Environmental Protection to adopt regulations to control air pollution, as well 

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as MassDEP's authority to monitor and control air pollution in the Commonwealth. In 

accordance with the authority, MassDEP has adopted 310 Code of Massachusetts Regulations 

(CMR) 6.00, 7.00, and 8.00 for controlling and reducing air pollution, which has been 

incorporated into the Massachusetts SIP in 40 CFR Part 52 Subpart W. (See attached Table 1 ). 

In order to address all requirements in Sections 1 lO(a)(l) and (2), MassDEP submitted to 

EPA on June 15, 2007 a Draft Revision to the Massachusetts State Implementation Plan, 

addressing the Interstate Air Pollution Transport Requirements of Clean Air Act Section 

1 IO(a)(2)(D)(i). In addition, the MassDEP is currently committing as part of its 8-hour Ozone 

SIP to adopt more stringent regulations (See 8-hour Ozone SIP for more details.) The June 15th 

submittal as well as the 8-hour Ozone SIP are scheduled for public hearing on January 18, 2008 

and will be transmitted to EPA as final SIP revisions by no later than January 31, 2008. 

For a more detailed description ofMassDEP's legal authority to adopt rules and 

regulations to comply with the Clean Air Act, MassDEP has attached copy of Section II Legal 

Authority of the original 1972 SIP submittal. Also attached are several other legal opinion 

submittals that address similar Clean Air Act requirements for other federally mandated air 

pollution controls programs. See the November 12, 1993 and August 2, 1995, Massachusetts 

Attorney General's legal opinions re: Title V of the federal Clean Air Act and the 

Commonwealth's regulations at 310 CMR 7.00:Appendix C: Operating Permit Program; the 

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. 

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Table 1 

Overview of How Massachusetts' Program satisfies the CAA 

Section llO(a)(l) and (2) SIP requirements* 

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

110(a)(2)(A) ... "include enforceable emission limitations 

Emission limits and other control measures, means, or 

and other techniques (including economic incentives 

control such as fees, marketable permits, and 

measures auctions of emissions rights), as well as 

schedules and timetables for compliance ... " 

* CAA refers to the Clean Air Act 

CFR refers to the U.S. Code of Federal Regulations 

CMR refers to the Code of Massachusetts Regulations 

Massachusetts Proe:ram 

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

functions. 

M.G.L. c.111, s.142 A- M, collectively referred to Massachusetts Pollution 

Control Laws, provides MassDEP with broad authority to prevent pollution or 

contamination of the atmosphere and may prescribe and establish regulations 

to prevent pollution or undue contamination of the atmosphere. 

M.G.L. c. 111, s. 142K, specifically authorizes MassDEP to adopt the 

California Low Emission Vehicle Program. 

M.G.L. c. 111, s. 142M, specifically authorizes MassDEP to adopt the 

Enhanced Inspection and Maintenance Program 

In accordance with the above referenced statutory authority, MassDEP 

adopted regulations to control air pollution at 310 CMR 7.00 et al. 

The regulations more specific to new source review and the control of ozone 

and ozone precursors are found in: 

7.01 Condition of Air Pollution 

7.02 Plan Approval and Emission Limitations 

7.18 Volatile and Halogenated Organic Compounds 

MassDEP refers to the Massachusetts Department of Environmental Protection (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) 

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

7.19 Reasonably Available Control Technology (RACT) for Sources of 

Oxides of Nitrogen 

7 .24 Organic Material Storage and Distribution 

7 .25 Best Available Controls for Consumer Products 

7.27 NOx Allowance Program . 

7.28 NOx Allowance Trading Program 

7.29 Emission Standards for Power Plants 

7.32 Massachusetts Clean Air Interstate Rule (MassCAIR) & NOx 

Allowance Trading Program 

7.16 Massachusetts Rideshare Regulation 

7.30 Massport/Logan Airport Parking Freeze 

7.33 City of Boston/South Boston Parking Freezes 

7.36 Transit System Improvements 

7.37 High Occupancy Vehicle Lanes 

7 .38 Metro Boston Tunnel Ventilation System Certification 

7.40 Low Emission Vehicle Program 

7.45 Massachusetts Green Fleet Programs 

Appendix A: Emissions Offsets & Non-Attainment Review 

Appendix C: Operating Permit Program 

310 CMR 60.00 Air Pollution Control for Mobile Sources including Motor 

Vehicle Inspection & Maintenance Program 

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

310 CMR 4.00 Timely Action & Fee Schedule Regulations 

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

Ambient Air of appropriate devices, methods, systems, operate air sampling stations and devises, and may require, for the purpose of 

quality and procedures necessary to (i) monitor, conducting a continuing inventory of air pollution sources of emissions, 

monitoring/data compile, and analyze data on ambient air require any person to register with MassDEP and provide emissions 

system quality, and (ii) upon request, make such information. 

data available to the Administrator." 

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CAA Section SIP requirement (Each such 11lan shall ... ) Massachusetts Pro11:ram 

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 0 3, S02, N02, Pb, 

CO, PM10 and PM2.s. 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 

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 

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 

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CAA Section SIP requirement (Each such plan shall ... ) Massachusetts Pro2ram 

NSR Equivalency Determination submitted to EPA-Region 1, December 30, 

2005 . 

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

Interstate prohibiting, consistent with the provisions of Addressing the Interstate Air Pollution Transport Requirements of Clean Air 

transport this title, any source or other type of Act Section 110(a)(2)(D)(i), was submitted to EPA on June 15, 2007. 

emissions activity within the State from MassDEP will be holding public hearings on this SIP revision along with its 8-

emitting any air pollutant in amounts which hour Ozone Implementation Plan on January 18, 2008 and will submit the 

will - (I) contribute significantly to final plan by no later than the end of January 2008. 

nonattainment in, or interfere with 

maintenance by, any other State with respect NSR Equivalency Determination submitted to EPA-Region 1, December 30, 

to any such national primary or secondary 2005. 

ambient air quality standard, or (II) interfere 

with measures required to be included in the Pursuant to its PSD Program Delegation Agreement, MassDEP returned 

applicable implementation plan for any other delegation of the PSD Program to EPA on February 23, 2003. 

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);" 

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

re~ources deems inappropriate, the general purpose authorize implementation of any plan, strategy or technology less protective of 

local government or governni.ents, 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-M and the accompanying regulations provides 

purpose) will have adequate personnel, MassDEP with sufficient authority to carry out implementation of the plan. 

funding, and authority under State (and, as 

appropriate, local) law to carry out such M.G.L. c. 111, s. 142E Cooperation by, and Authority of Department over, 

implementation plan (and is not prohibited other Agencies, Commissioners, Authorities, or Political Subdivisions with 

by any provision of Federal or State law Respect to Air Pollution. 

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CAA Section SIP requirement (Each such plan shall ... ) Massachusetts Pro2ram 

from carrying out such implementation plan 

or portion thereof), (ii) requirements that the M.G.L. c 21A, s. 8. Organization of departments; powers, duties and 

State comply with the requirements functions 

respecting State boards under section 128, 

and (iii) necessary assurances that, where the In Section VII of the Massachusetts 1972 SIP, 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. 

the State has responsibility for ensuring 

adequate implementation of such plan 

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 

reporting steps, by owners or operators of stationary information. 

sources to monitor emissions from such 

sources, (ii) periodic reports on the nature 310 CMR 7.12 Source Registration 

and amounts of emissions and emissions- 310 CMR 7.13 Stack Testing 

related data from such sources, and (iii) 310 CMR 7.14 Monitoring Devices and Reports 

correlation of such reports by the State 

agency with any emission limitations or Chapter 66: Section 1. Public inspection and copies ofrecords; presumption; 

standards established pursuant to this Act, exceptions 

which reports shall be available at 

reasonable times for public inspection;" 950 CMR 32.00 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 authorizes the 

Emergency in section 303 and adequate contingency Commissioner ofMassDEP 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 

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CAA Section SIP reauirement (Each such plan shall ... ) Massachusetts Pro2ram 

310 CMR 8.00 Prevention & Abatement of Air Pollution Episodes & 

Emergencies. Procedures are consistent with the significant harm levels as 

indicated in 40 CFR Part 51.151 . 

110(a)(2)(H) . . . "provide for revision of such plan - (i) M.G.L. c. 111, s. 142A-O allow 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 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, requires 

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

of any regulations. 

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CAA Section SIP requirement ffiach such plan shall ... ) Massachusetts Proe:ram 

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 adopting 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. 

visibility deterioration of air quality and visibility 

Protection protection);" 

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). 

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CAA Section SIP reauirement (Each such ulan shall ... ) Massachusetts Program 

of reviewing and acting upon any 

application for such a permit, and (ii) ifthe 

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 

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 

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. 

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