# Commonwealth ofMassachusetts Department ofEnvironmental Protection

Certification ofState Implementation Plan Adequacy

Regarding Clean AirAct Sections llO(a)(l) and (2)

December 14, 2007 

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### Certification ofMassachusetts State Implementation Plan Adequacy Regarding Clean AirAct Sections llO(a)(l) and (2) The purpose ofthis document is to providethe U.S. Environmental Protection Agency (EPA) with certificationthatthe 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) ofthe Clean Air Act. This certification was requested in an October 2, 2007 EPAmemo from William Harnett, Director ofEPA's Air Quality Policy Division. As discussed inthe Hamett memo, onJuly 18, 1997, the EPApromulgated new and revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM). For ozone, EPArevised the NAAQS to provide an 8-hour averaging period (versus a 1- hour averaging period for the pre-existingNAAQS), and set the level ofthe standard at 0.08 ppm (versus 0.12 ppm forthe pre-existing NAAQS). ForPM, EPApromulgated 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) ofthe CAA, all States are required to submitplans (SIP) to provide for the implementation, maintenance, and enforcement ofthe 8- hour ozone and PM2.5 standards. Sections 1lO(a)(l) and (2) require States to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards. By statute, SIPs meeting the requirements ofsections 11O(a)(l) and (2) are to be submitted by States within 3 years after promulgation ofa new or revised standard. This being the case, States were required to submit such SIPs for the 1997 standards to EPA no later thanJuly 2000. However, intervening litigation over the 1997 8-hour ozone and PM2.5 NAAQS created uncertainty about howto proceed and, to date, states have not submitted SIPs to meet the basic or infrastructure requirements enumerated in sections 1lO(a)(l) and (2). InMarch of2004, EarthJustice initiated a lawsuit against EPA for failure to take action against States that had not made SIP submissions to meetthe requirements ofsections 11O(a)(l) and (2), i.e., failure to make a "finding offailure to submit." On March 10, 2005, EPA entered into a ConsentDecree with Earth Justice that obligated EPAto determine whether States have made SIP submissions required to meet CAA section 110(a)(2)(D)(i) relating to interstate transport byno laterthan March 15,2005. The Consent Decree also obligatedEPAto make a determination whether States have made submissions necessary to meetthe remaining 1lO(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 extentthat existing SIPs for ozone andparticulate matter already meetthese requirements, States need only certify that fact to the EPA. The Massachusetts Department ofEnvironmental Protection (MassDEP) is submitting this document to certify that its SIP already meets most ofthe section 1IO(a)(l1) and (2) requirements. The Commonwealth ofMassachusetts State Implementation Plan, officially submittedto EPA onJanuary 27, 1972 and numerous subsequentrevisions, explicitly fulfilled most ofthese requirements. Several SIP revisions are still pending at EPA. As detailed in the attached table, the Section 110(a)(2) requirements are fulfilled inby referencing sections from the Massachusetts General Laws (M.G.L.) pertaining to the duties and powers ofthe Commissioner ofEnvironmental Protection to adopt regulations to control air pollution, as well

2as MassDEP's authority to monitor and control air pollution inthe Commonwealth. In accordance with the authority, MassDEP has adopted 310 Code ofMassachusetts Regulations (CMR) 6.00, 7.00, and 8.00 for controlling and reducing air pollution, which has been incorporated into the Massachusetts SIP in40 CFRPart 52 Subpart W. (See attached Table 1). Inorderto address all requirements in Sections 1lO(a)(l) and (2), MassDEP submittedto EPA on June 15, 2007 a DraftRevision to the Massachusetts State Implementation Plan, addressing the Interstate Air Pollution Transport Requirements ofCleanAir Act Section 1IO(a)(2)(D)(i). In addition, the MassDEP is currently committing as part ofits 8-hour Ozone SIP to adopt more stringentregulations (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 transmittedto EPA as final SIP revisions by no later than January 31, 2008. Fora more detailed description ofMassDEP's legal authority to adopt rules and regulations to comply with the CleanAir Act, MassDEP has attached copy ofSection II Legal Authority ofthe original 1972 SIP submittal. Also attached are several other legal opinion submittals that address similar Clean

### AirActrequirements 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 ofthe federal Clean AirAct and the Commonwealth'sregulations at 310 CMR7.00:Appendix C: Operating PermitProgram; the November 18, 1998 Massachusetts Attorney General's Supplemental Legal OpinionRegarding Section 129 ofthe Clean Air Act andthe 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 opinionregarding the authority to adopt the Clean AirMercury Rule State Plan and accompanying regulations 310 CMR 7.29 and 310 CMR 7.02.

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## Table 1 Overview ofHow 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 ofemissions rights), as well as schedules and timetables for compliance

..."



### * CAArefers to the Clean Air Act CFRrefers to the U.S. Code ofFederal Regulations CMRrefers to the Code ofMassachusetts Regulations Massachusetts Proe:ram M.G.L. c 21A, s. 8. Organization ofdepartments; 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 ofthe atmosphere and may prescribe and establish regulations to prevent pollution or undue contamination ofthe atmosphere. M.G.L. c. 111, s. 142K, specifically authorizes MassDEP to adopt the CaliforniaLowEmission 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 ofozone and ozone precursors are found in: 7.01 Condition ofAir Pollution 7.02 Plan Approval and Emission Limitations 7.18 Volatile and Halogenated Organic Compounds

MassDEP refers to the Massachusetts Department ofEnvironmental Protection (formerly known as the Department ofEnvironmental Quality Engineering orDEQE, and prior to that Bureau ofAir Quality Control in the Massachusetts Department ofPublic Health)
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· r· ·r·n1r· · ·T·rCAA Section SIP requirement (Each such plan shall

...) Massachusetts Program

. 7.19 Reasonably Available Control Technology (RACT) for Sources of Oxides ofNitrogen 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 PowerPlants 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 ofBoston/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 CMR4.00 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 ofappropriate devices, methods, systems, operate air sampling stations and devises, and may require, for the purpose of quality andprocedures necessary to (i) monitor, conducting a continuing inventory ofair pollution sources ofemissions, monitoring/data compile, and analyze data on ambient air require any person to register withMassDEP and provide emissions system quality, and (ii) uponrequest, make such information. data available to the Administrator."



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-·-···!"''Tl"l'Sr- ·---r 'Ml'-'11"1"111'"'-0CAA Section SIP requirement (Each such 11lan shall...) Massachusetts Pro11:ram 310 CMR7.12 Source Registration 310 CMR7.13 StackTesting 310 CMR7.14 Monitoring Devices and Reports 310 CMR7.00: 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 ofa calendar quarter. On January 28, 1980, MassDEQE (predecessor to MassDEP) submitted to EPApursuantto 40 CFR 

### § 52.370 (13), a comprehensive air quality monitoring plan, intended to meetrequirements of40 CFRpart 58 On May 1, 2007, MassDEP submitted to EPA the most recent annual air monitoring network plan. 110(a)(2)(C)

... "include a programto provide for the M.G.L. c 111, s.2C. Pollution violations; orders ofdepartment of Program for enforcement ofthe measures described in environmental protection, authorizes MassDEP to issue orders enforcing air enforcement of subparagraph (A), and regulation ofthe pollution control regulations control modification and construction ofany measures stationary source within the areas covered by M.G.L. c. 111, s 142A-MMassachusetts 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 CMR7.02 PlanApproval and Emission Limitations List 310 CMR7.52 Enforcement Provisions 310 CMR7.00: Appendix C Operating Permit and Compliance Program



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..**~·11T·nr·**..··CAA Section SIP requirement (Each such plan shall...) Massachusetts Pro2ram NSREquivalency Determination submittedto 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 ofClean Air transport this title, any source or othertype of Act Section 110(a)(2)(D)(i), was submittedto EPA on June 15, 2007. emissions activity within the State from MassDEP will be holding public hearings onthis SIP revision along with its 8- emitting any air pollutant in amounts which hour Ozone Implementation Plan onJanuary 18, 2008 and will submitthe will

- (I) contribute significantlyto final planby no later thanthe end ofJanuary 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 suchnational primary or secondary 2005. ambient air quality standard, or (II) interfere withmeasures required to be included inthe Pursuant to its PSD Program Delegation Agreement, MassDEP returned applicable implementationplan for any other delegation ofthe PSD Programto EPA on February 23, 2003. State under part C to prevent significant deterioration ofair quality orto protect visibility, (ii) insuring compliance with the applicable; requirements ofsections 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 ofdepartments; powers, duties and Adequate State (or, except where the Administrator functions. Specifically, itmandates that in no event shall the department**re~ources** deems inappropriate, the general purpose authorize implementation ofany plan, strategy ortechnology less protective of local government or governni.ents, or a the environmentthan required by any applicable federal statute. regional agency designated bythe 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 ofthe plan. funding, and authority under State (and, as appropriate, local) lawto carry out such M.G.L. c. 111, s. 142E Cooperationby, and Authority ofDepartment over, implementationplan (and is not prohibited otherAgencies, Commissioners, Authorities, or Political Subdivisions with by any provision ofFederal or State law Respect to Air Pollution.

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__,,_,1-'"I' _,,,_,___ - T'"l1"1'111" 'I'"'!'**·-"T'~"11T'llr-·.**CAA Section SIP requirement (Each such plan shall...) Massachusetts Pro2ram from carrying out such implementationplan orportion thereof), (ii) requirements that the M.G.L. c 21A, s. 8. Organization ofdepartments; powers, duties and State complywiththe requirements functions respecting State boards under section 128, and (iii) necessary assurances that, where the In SectionVII ofthe Massachusetts 1972 SIP, the Bureau ofAir Use State has relied on a local or regional Managementprovided details that it had adequate personnel and funding to government, agency, or instrumentality for carry out implementation ofthe original SIP. This resource finding has been the implementation ofany planprovision, updated in subsequent SIP submissions. the State has responsibility for ensuring adequate implementation ofsuchplan provision;" 110(a)(2)(F)

... "require, as maybe prescribed bythe 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, andreplacement ofequipment, conducting a continuing inventory ofair pollution sources ofemissions, monitoring and and the implementation ofothernecessary require any personto register with MassDEP andprovide emissions reporting steps, by owners or operators ofstationary information. sources to monitor emissions from such sources, (ii) periodic reports on the nature 310 CMR 7.12 Source Registration and amounts ofemissions and emissions- 310 CMR 7.13 Stack Testing related datafrom such sources, and (iii) 310 CMR 7.14 MonitoringDevices and Reports correlation ofsuch reports bythe State agency with any emission limitations or Chapter 66: Section 1. Public inspection and copies ofrecords; presumption; standards establishedpursuant to this Act, exceptions which reports shall be available at reasonable times for public inspection;" 950 CMR32.00 Public Records Access Regulations 110(a)(2)(G)

... "provide for authority comparableto 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 ofthe atmosphere inthe commonwealth or in any part thereof constitutes a present or reasonably imminent dangerto health, and may, with the approval ofthe governor, declare an airpollution emergency and cause the fact to be made known to the public

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. .,.. w··**''l"~·11T:Hr"**CAA Section SIP reauirement (Each such plan shall...) Massachusetts Pro2ram 310 CMR8.00 Prevention & Abatement ofAir Pollution Episodes & Emergencies. Procedures are consistent with the significant harm levels as indicated in 40 CFRPart 51.151

. 110(a)(2)(H)

. . . "provide for revision ofsuch 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 ofrevisions ofsuch national primary or secondary ambient air quality standard or the availability ofimproved or more expeditious methods ofattaining 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)

... "meetthe applicable requirements of M.G.L. c 21A, s. 8. Organization ofdepartments; powers, duties and Consultation section 121 (relating to consultation) functions. with government M.G.L. c. 111, s. 142E Cooperationby, and Authority ofDepartment 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 ofany regulations.

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't"!fl'1'ml·-**,,,,r~·1r1•mr--·**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 onthe impact on local government. Massachusetts SIP Steering Committee, established pursuant to the Clean AirAmendments of 1990

. 110(a)(2)(J)

. . . "meetthe 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 ofany regulations. notification 110(a)(2)(J)

... "meetthe applicable requirements ofpart Pursuant to its PSD Program Delegation Agreement, MassDEP returned PSD and C (relating to prevention ofsignificant delegation ofthe PSD Program to EPA on February 23, 2003. visibility deterioration ofair 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 ofair pollution sources ofemissions, ofpredicting the effect on ambient air require any person to register with MassDEP and provide emissions quality ofany emissions ofany 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, ofdata related to such air quality modeling to the Administrator;" 110(a)(2)(L)

... "require the owner or operator ofeach 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 ofany permit required under this Act, a fee 310 CMR4.00 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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I' 'I ·;TJmCAA Section SIP reauirement (Each such ulan shall...) Massachusetts Program ofreviewing and acting upon any application for such a permit, and (ii) ifthe owner or operator receives a permit for such source, the reasonable costs ofimplementing 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 ofa fee program under title V;" 110(a)(2)(M)

... "provide for consultation and M.G.L. c. 30A, Massachusetts Administrative Procedures Act, requires Consultation/ participationby local political subdivisions MassDEP to provide notice and public comment and hearing prior to adopting Participation by affected bythe plan." ofany 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 onthe impact on local government.

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