Certification of Massachusetts Compliance with Clean Air Act Sections llO(a)(l) and (2) State 

Implementation Plan Requirements for the 2010 Nitrogen Oxides National Ambient Air Quality Standard 

June 6, 2014 

Summary 

This is the Final Certification of the Massachusetts Infrastructure State Implementation Plan (SIP) (Infrastrucfure SIP Certification)) 

of the Massachusetts Department of Environmental Protection (MassDEP) to the U.S. Environmental Protection Agency (EPA) that 

the existing Massachusetts State Implementation Plan adequately meets the basic (or " infrastructure") requirements of 42 U.S.C. § 

7410(a)(l) and (2), (Sections 1 lO(a)(l) and (2) of the Clean Air Act (CAA)) with respect to the National Ambient Air Quality 

Standard (NAAQS) for nitrogen oxides (N02) promulgated by EPA on January 22, 2010 (the 2010 N02 NAAQS). EPA revised the 

primary NAAQS for oxides of nitrogen, as measured by nitrogen dioxide (N02) by establishing a new 1-hour standard at a level of 

100 parts per billion, based on the 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum 

concentrations, to supplement the existing annual standard. EPA finalized designations in February 2012, designating all of 

Massachusetts as unclassifiable/attainment for the new NAAQS, based on available monitoring data from the 2008-2010 period. 1 

www.epa.gov/airquality/nitrogenoxides/designations/state.html) EPA's January 22, 20 l 0 rulemaking also required Massachusetts 

and other states to establish near-road monitoring networks to better determine N02 levels near heavily traveled roadways. 

Massachusetts expects to begin near-road monitoring in summer 2013 . 

Background 

Pursuant to Sections 1 lO(a)(l) and(2) of the CAA, each State is required to submit a plan to provide for the implementation, 

maintenance, and enforcement of a newly promulgated or revised NAAQS within 3 years after its promulgation. Section 11 O(a)(l) 

provides the procedural and timing requirements for SIPs. Section l 10(a)(2) lists the basic elements that all SIPs must contain 

including emissions inventories, ambient air quality monitoring and data systems, programs for enforcement of control measures, and 

adequate resources to implement the plan. For the 2010 N02 NAAQS, states were required to certify by January 22, 2013 that the 

state SIP contains the basic (or " infrastructure") elements that will allow the state to adequately provide for the implementation, 

maintenance and enforcement of the standard. 

1 77 Federal Register 9532 

Final MA 2010 02 NAAQS Infrastructure Certification, June 6, 2014 

Page I of2 1 
If a State determines that its existing SIP is adequate, then the State's SIP submittal may be a certification that the existing SIP 

contains provisions addressing all requirements of the section 11 O(a)(2) infrastructure elements as applicable to the 20 l 0 N02 

NAAQS. MassDEP has determined that its existing SIP adequately provides for the implementation, maintenance and enforcement of 

the N02 NAAQS. Therefore, MassDEP is submitting this Infrastructure SIP Certification that it meets the section I 10( a)(2) 

infrastructure elements related to the 2010 N02 NAAQS. 

In September 2013, EPA issued non-binding Guidance on Infrastructure State Implementation Plan Elements under Clean Air Act 

Sections l lO(a)(l) and l 10(a)(2) (EPA's Guidance). MassDEP has followed EPA's Guidance in developing this Infrastructure SIP 

Certification. 

Previous Infrastructure SIP Certifications 

MassDEP previously submitted the following Infrastructure SIP Certifications to EPA in connection with other new or revised 

NAAQS: 

• In December 2007, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act 

Sections l lO(a)(l) and (2) (the Ozone Certification), certifying that it met the CAA Sections l lO(a)(l) and (2) requirements 

for the 1997 ozone NAAQS. On March 27, 2008 (73 Federal Register 16205), EPA issued a finding that, for the 1997 ozone 

NAAQS, the Massachusetts SIP is complete, with the exception of the PSD program. (See discussion regarding PSD in Table 

l under Section l JO(a)(2)(C) Program for enforcement of control measures and Section 11 O(a)(2)(D) Interstate transport.) 

• In April 2008, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act Sections 

l lO(a)(l) and (2) for PM2.5 related to the 1997 PM2.5 NAAQS. 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 of the PSD program. 

• In September 2009, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act 

Sections l lO(a)(l) and (2) for PM2.5 related to the 2006 PM2.5 24-hour NAAQS. 

• On October 16, 2012, EPA conditionally approved MassDEP's 1997 and 2006 PM2.5 NAAQS Ce1iification oflnfrastructure 

SIP pending MassDEP's submission, by September 2013, of: 1) additional documentation to fulfill specific requirements of 

section 11 O(a)(2)(A) related to revising Massachusetts regulation 310 CMR 7.00, Air Pollution Control, to include a 

definition of the term National Ambient Air Quality Standards (NAAQS) and 2) submission of the Massachusetts Conflict of 

Interest Law as part of the SIP. MassDEP is submitting the Conflict oflnterest Law with this Infrastructure SIP Certification 

Final MA 20 I 0 N02 NAAQS Infrastructure Certification, June 6, 2014 

Page 2of21 
for N02 and will submit revisions to 310 CMR 7.00, including the amended definition ofNAAQS, as soon as the final 

revisions are promulgated. 

• On December 3, 2012, Masso EP submitted a Certification of State Implementation P Lan Adequacy Regarding Clean Air Act 

Sections 11 O(a)(I) and (2) for Lead related to the 2008 lead NAAQS along with a commitment to fulfill specific 

requirements of section 1 10( a)(2)(A) related to: 1) updating the Massachusetts Ambient Air Quality Standards, 310 CMR 

6.00, and 2) submission of the Massachusetts Conflict of Interest Law as part of the SIP. EPA has made a finding that the 

submittal is complete except for the element relating to PSD, but as of May 2014 has not otherwise taken action on this 

submission. 

Infrastructure SIP Elements 

The Infrastructure SIP elements required under Section 11 O(a)(2) and the related Massachusetts statutes and regulations that are 

already part of the Massachusetts SIP for one or more NAAQS are listed in Table 1. This Infrastructure SIP Certification for the 2010 

N02 NAAQS is based on the same statutory and legal authority and program elements documented in the Infrastructure SIP 

Certifications listed above submitted previously to EPA. 

Copies of the following documents submitted as part of the December 2007 Ozone Infrastructure SIP Certification are incorporated by 

reference in this Infrastructure SIP Certification: 

• Section 11, Legal Authority, of the original 1972 Massachusetts SIP for ozone. This is a narrative description ofMassDEP's 

legal authority to adopt rules and regulations to comply with the CAA. 

• Legal opinions that address CAA requirements related to state legal authority to implement other federally mandated air 

pollution control programs; these include: 

o November 12, 1993 and August 2, 1995, Massachusetts Attorney General's legal opinions regarding Title V of the federal 

Clean Air Act and the Commonwealth's regulations at 310 CMR 7.00: Appendix C: Operating Permit and Compliance 

Program; 

o 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; 

o July 9, 2007 MassDEP General Counsel's legal opinion regarding the Commonwealth's authority to adopt the Clean Air 

Mercury Rule State Plan and accompanying regulations, 310 CMR 7.29 and 310 CMR 7.02. 

Final MA 20 I 0 N02 NAAQS Infrastructure Certification, June 6, 2014 

Page 3of21 
Concurrently with the submission of this Infrastructure SIP Certification, MassDEP submits for inclusion in its SIP the Massachusetts 

Conflict of Interest Law, M.G.L. c. 268A, as Amended by c. 93, Acts of 2011 , in order to satisfy CAA Section 11 O(a)(2)(E)(ii), which 

references CAA section 128, concerning SIP requirements with respect to conflicts of interest. 

MassDEP also submits with this 2014 Infrastructure SIP Certification copies of the following statutes and an executive order but is not 

requesting that they be included in the Massachusetts SIP: 

• M.G.L. c. 111 , s. 142 A-0. Massachusetts Pollution Control Laws, as amended in 2009 and 2010. 

• M.G.L. c. 111 , s. 2C. Pollution violations; orders of department of environmental protection. 

• M.G.L. c. 21A, s. 16. Civil Administrative Penalties. 

• Executive Order No. 145. Consultation with Cities and Towns on Administrative Mandates (1978) 

Certification 

Pursuant to Section 1 lO(a)(l), MassDEP reviewed its existing SIP and the statutory authority and regulations referenced in Table 1, 

which are currently part of the Massachusetts SIP. MassDEP certifies and documents in this submittal that the existing Massachusetts 

SIP contains provisions addressing all requirements of the Section 11 O(a)(2) infrastructure elements as applicable to the 2010 N02 

NAAQS and adequately provides for the implementation, maintenance and enforcement of that NAAQS. 

Final MA 2010 0 2 AAQS Infrastructure Certification, June 6, 2014 

Page 4of21 
Table 1 

Massachusetts Statutory Authority and Regulations Meeting Clean Air Act 

Section llO(a)(l) and (2) SIP requirements for 2010 Nitrogen Oxides NAAQS* 

Clean Air Act SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

(CAA) Section shall ... ) 

110(a)(2)(A) ... " include enforceable emission M.G.L. c. 21A, s. 8. Executive Office of Energy and Environmental Affairs 

Emission limitations and other control measures, Organization of departments; powers, duties and functions. Creates and sets 

limits and means, or techniques (including economic forth the powers and duties of the Executive Office and of the Department of 

other control incentives such as fees, marketable Environmental Protection (MassDEP). ** 

measures permits, and auctions of emissions rights), 

as well as schedules and timetables for M.G.L. c. 111, s. 142 A-0 . These statutes, collectively referred to as the 

compliance ... " Massachusetts Pollution Control Laws, provide MassDEP with broad 

authority to prevent pollution or contamination of the atmosphere and to 

prescribe and establish regulations to prevent pollution or undue 

contamination of the atmosphere. 

M.G.L. c. 21A, s. 18. Permit applications and compliance assurance fees; 

timely action schedules; regulations. Authorizes MassDEP to establish fees 

applicable to the regulatory programs it administers. 

MassDEP Regulations: 

310 CMR 4.00. Timely Action Schedule and Fee Provisions 

310 CMR 6.00. Ambient Air Quality Standards for the Commonwealth of 

Massachusetts. The regulations at 310 CMR 6.04 set a state primary and 

secondary annual standard for N02 but has not been amended to include the 

*CFR refers to the U.S. Code of Federal Regulations; M.G.L. refers to Massachusetts General Laws; CMR refers to the Code of Massachusetts Regulations. 

**MassDEP was formerly known as the Department of Environmental Quality Engineering or DEQE, and prior to that as the Bureau of Air Quality Control 

in the Massachusetts Department of Public Health. 

Final MA 2010 02 NAAQS Infrastructure Certification, June 6, 2014 

Page 5 of2 l 

I 
Clean Air Act SIP requirement (Each such plan 

(CAA) Section shall. .. ) 

2 The term "criteria pollutants" is defined in 310 CMR 7.00. 3 The term "Administrator" is defined in 310 CMR 7.00. 

Corresponding Massachusetts Statutes and Regulations 

2010 1-hour N02 NAAQS. Regardless of the standards in 310 CMR 6.04, all 

MassDEP regulations that require compliance with an ambient air quality 

standard require compliance with the NAAQS. 

In comments submitted on proposed Certifications for the PM2.5 and lead 

NAAQS, EPA questioned whether the Massachusetts constitution prohibits 

"prospective" or "rolling" incorporation by reference (IBR) and if so, whether 

any references to the "national ambient air quality standards" in MassDEP's 

regulations cannot be any more up-to-date than the national regulation in 

question. To address this issue, in May 2013, MassDEP issued for public 

review proposed revisions to 310 CMR 7.00, Air Pollution Control, to include 

the following definition: 

National Ambient Air Qualitv Standards (NAAOS2 or Federal Ambient Air 

Qualitv Standards means the ambient air quality standards for the criteria 

pollutants2 adopted by the Administrator3 pursuant to the Clean Air Act § I 09 

(42 USC. §7410) and codified at 40 CFR Part 50 as in effect [date of 

promulgation}. 

MassDEP intends to promulgate this revision to 310 CMR 7.00 as soon as 

possible and submit it to EPA for inclusion in the Massachusetts SIP. 

310 CMR 7.00 et.seq. Air Pollution Control. With a few exceptions for 

regulations that were not required to be included in the federally-enforceable 

SIPs, all of the regulations in this chapter were submitted to EPA in the 1971 

PM /S02 SIP, the 1972 Ozone SIP, the 1984 Lead SIP and in multiple 

subsequent revisions to each of these SIPs. The SIPs and subsequent 

revisions have been approved by EPA in 40 CFR Part 52, Subpart W. 

Final MA 2010 N02 AAQS Infrastructure Certification, June 6, 2014 

Page 6 of2 I 
Clean Air Act 

(CAA) Section 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall...) 

MassDEP previously submitted to EPA its air pollution control regulations 

related to minor new source review, RACT requirements, visible emissions 

and other administrative and technical amendments for approval and 

incorporation in the Massachusetts SIP. As MassDEP updated these 

regulations, it did not withdraw previous submittals when submitting 

subsequent amendments that superseded the previous regulations. On January 

18, 2013, MassDEP submitted a letter to EPA withdrawing outdated and 

obsolete regulation submittals and replacing them with the currently effective 

version of the regulations for approval and inclusion into the current 

Massachusetts SIP, so that EPA could meet the requirements of the Consent 

Order in Sierra Club v. Jackson, NO. 11 -2180-RBW (D.D.C.). 

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

of nitrogen are found in 310 CMR: 

7.01. Condition of Air Pollution 

7.02. Plan Approval and Emission Limitations 

7.03. Plan Approval Exemption: Construction Requirements 

7.08. Emission Limits for Municipal Waste Combustors 

7.19. Reasonably Available Control Technology (RACT) for Sources of 

Oxides of Nitrogen 

7.26. Industry Performance Standards 

7.29. Emission Standards fo r Power Plants 

7.32. Massachusetts Clean Air Interstate Rule (MassCAIR) 

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 

Final MA 2010 N02 NAAQS Infrastructure Certification, June 6, 20 14 

Page 7of21 
Clean Air Act 

(CAA) Section 

110(a)(2)(B) 

Ambient Air 

quality 

monitoring/ 

data system 

SIP requirement (Each such plan 

shall ... ) 

... "provide for establishment and 

operation of appropriate devices, methods, 

systems, and procedures necessary to (i) 

monitor, compile, and analyze data on 

ambient air quality, and (ii) upon request, 

make such data available to the 

Administrator." 

Corresponding Massachusetts Statutes and Regulations 

Appendix A: Emissions Offsets & Non-Attainment Review 

Appendix B: Emission Banking, Trading, and Averaging 

Appendix C: Operating Permit and Compliance 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 Schedule and Fee Provisions 

M.G.L. c. 111, s. 142B-D. Gives MassDEP the authority to maintain and 

operate air sampling stations and devices, and to require, for the purpose of 

conducting a continuing inventory of air pollution sources of emissions, any 

person to register with MassDEP and provide emissions information. 

MassDEP Regulations: 

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 A. Emissions Offsets and Nonattainment Review. 

MassDEP collects and reports ambient air quality data for NAAQS pollutants. 

These data are reviewed, validated and submitted to the EPA air quality 

system (AQS) no later than 90 days after the end of a calendar quarter. 

310 CMR 7.00: Appendix C. Operating Permit and Compliance Program. 

In 1980, MassDEP submitted to EPA pursuant to 40 CFR 52.1120(c)(36), a 

comprehensive air quality monitoring plan to meet the requirements of 40 

CFR part 58. MassDEP submits annually to EPA an Ambient Air Monitoring 

Network Plan. It submitted its most recent Air Monitoring etwork Plan to 

Final MA 20 I 0 102 NAAQS Infrastructure Certification, June 6, 2014 

Page 8of21 

-----==---------------------------
Clean Air Act 

(CAA) Section 

110(a)(2)(C) 

Program for 

enforcement 

of control 

measures 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

EPA in August 2013. 

htt12://www.mass.gov/eea/agencies/massde12/air/re12orts/annual-ambient-airquality-monitoring-network-plan.html#4 

MassDEP operates eleven N02 monitors in locations throughout the State, 

including a near-road monitor that began operating in 2013. 

i-.. 

... " include a program to provide for the M.G.L. c. 111, s. 2C. Pollution violations; orders of department of J 

enforcement of the measures described in environmental protection. Authorizes MassDEP to issue orders enforcing air 

subparagraph (A), and regulation of the pollution control regulations. MassDEP submits a copy of this statutory 

modification and construction of any section with this final Infrastructure SIP Certification. 

stationary source within the areas covered 

by the plan as necessary to assure that M.G.L. c. 111, s. 142A-O. Massachusetts Pollution Control Laws. 

national ambient air quality standards are Authorizes MassDEP to adopt regulations to control pollution or 

achieved, including a permit program as contamination of the atmosphere, and enforce such regulations and issue 

required in parts C and D;" penalties. 

M.G.L. c. 21A, s. 16. Civil Administrative Penalties. Authorizes MassDEP 

to assess penalties for failure to comply with laws or regulations. 

MassDEP Regulations: 

310 CMR 5.00. Administrative Penalties. 

310 CMR 7.02. Plan Approval and Emission Limitations. 

310 CMR 7.03. Plan Approval Exemption: Construction Requirements 

310 CMR 7.08(2). Incinerators. 

310 CMR 7 .26. Industry Performance Standards 

310 CMR 7.52. Enforcement Provisions. Neither M.G.L. c.2 lA, s.16. nor this 

regulation prevent MassDEP from enforcing any violation of an applicable 

standard or limit that occurs during startup, shutdown or malfunction at a 

facility. 

310 CMR 7.00: Appendix A: Emissions Offsets and Nonattainment Review. 

Fina l MA 2010 N02 AAQS Infrastructure Certification, June 6, 2014 

Page 9of21 
Clean Air Act 

(CAA) Section 

110(a)(2)(D) 

Interstate 

SIP requirement (Each such plan 

shall ... ) 

.. . "contain adequate provisions - (i) 

prohibiting, consistent with the provisions 

Corresponding Massachusetts Statutes and Regulations 

310 CMR 7.00: Appendix B: Emission Banking, Trading, and Averaging 

310 CMR 7. 00: Appendix C: Operating Permit and Compliance Program. 

Massachusetts does not have a PSD program regulation. For the 1997 ozone 

NAAQS, the 1997 and 2006 PM2.5 NAAQS, and the 2008 Lead NAAQS 

Certifications, EPA found that Massachusetts failed to submit a SIP 

addressing Section 11 O(a)(2)(C) (the Part C PSD permit program), but that 

this requirement has already been addressed in a Federal Implementation Plan 

(FIP) that remains in place and that the finding, therefore, did not trigger any 

additional FIP obligation. 

On April 4, 2011 , MassDEP accepted full delegation of the Federal PSD 

program, 40 CFR 52.21, pursuant to the terms and conditions of a delegation 

agreement between MassDEP and EPA and the requirements of the Clean Air 

Act. As set forth in the delegation agreement, MassDEP will implement the 

PSD program in accordance with the federal regulations. 

The Federal PSD program includes the applicability threshold for greenhouse 

gases that was required under EPA's Tailoring Rule and includes notification 

requirements to affected state and local agencies. 

EPA may establish a short-term PSD increment, significant impact level, 

significant emission rate, and/or significant monitoring level for the 2010 1-

hour N02 NAAQS. If that occurs, MassDEP will follow EPA's 

requirements. In the interim, MassDEP will continue to apply the significant 

impact levels and other PSD requirements recommended in EPA's June 29, 

2010 "Guidance Concerning the Implementation of the 1-hour N02 NAAQS 

for the Prevention of Significant Deterioration Program." 

Massachusetts sources do not significantly contribute to non-attainment or 

maintenance areas in other states, as all surrounding areas are designated by 

Final MA 2010 N02 AAQS Infrastructure Certification, June 6, 2014 

Page I 0 of21 
Clean Air Act 

(CAA) Section 

transport 

110(a)(2)(E) 

Adequate 

resources 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

of this title, any source or other type of EPA as "unclassifiable/attainment." 

emissions activity within the State from (www.epa.gov/airquality/nitrogenoxides/designations/state.html) 

emitting any air pollutant in amounts 

which will - (I) contribute significantly to No source or sources within Massachusetts are the subject of an active finding 

nonattainment in, or interfere with under section 126 of the Clean Air Act with respect to the 2010 N02 standard. 

maintenance by, any other State with 

respect to any such national primary or There are no final findings under section 115 of the Clean Air Act against 

secondary ambient air quality standard, or Massachusetts with respect to the 2010 N02 standard 

(II) interfere with measures required to be 

included in the applicable implementation MassDEP is addressing visibility pursuant to its Regional Haze SIP, which 

plan for any other State under part C to was approved by EPA effective October 21 , 2013. 

prevent significant deterioration of air 

quality or to protect visibility, (ii) insuring See discussion of PSD above under CAA Section 11 O(a)(2)(C) Program for 

compliance with the applicable; enforcement of control measures. 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement);" 

... "provide (i) necessary assurances that M.G.L. c. 21A, s. 8. Organization of departments; powers, duties and 

the State (or, except where the functions. Sets forth the powers and duties of MassDEP. 

Administrator deems inappropriate, the 

general purpose local government or Provides that in no event shall MassDEP authorize implementation of any 

governments, or a regional agency plan, strategy or technology less protective of the environment than required 

designated by the State or general purpose by any applicable federal statute. 

local governments for such purpose) will 

have adequate personnel, funding, and M.G.L. c. 111, s. 142A-O. Provides MassDEP with sufficient authority to 

authority under State (and, as appropriate, carry out the implementation plan. 

local) law to carry out such 

implementation plan (and is not prohibited M.G.L. c. 111, s. 142E. Air Pollution, preventing and controlling. Provides 

by any provision of Federal or State law that all departments, agencies, commissions, authorities and political 

from carrying out such implementation subdivisions shall be subject to rules and regulations adopted by the 

plan or portion thereof), (ii) requirements department of environmental protection. 

Final MA 2010 N02 NAAQS Infrastructure Certification, June 6, 2014 

Page 11 of 2 1 
Clean Air Act 

(CAA) Section 

110(a)(2)(F) 

Stationary 

source 

emissions 

monitoring 

and reporting 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

that the State comply with the The first Massachusetts SIP submitted in 1971 addressed NAAQS for oxides 

requirements respecting State boards of sulfur and particulate matter provided assurances of adequate personnel 

under section 128, and (iii) necessary and funding to carry out implementation of that SIP. The commitments to 

assurances that, where the State has relied funding and personnel have been updated in subsequent SIP submissions 

on a local or regional government, related to PM and ozone and in the 1984 Massachusetts Lead SIP. MassDEP 

agency, or instrumentality for the currently has adequate personnel and funding to implement the existing SIP. 

implementation of any plan provision, the It expects to have adequate personnel and funding for implementation during 

State has responsibility for ensuring the 5-year period following submission of this Infrastructure SIP Certification 

adequate implementation of such plan and in future years. 

provision;" 

MassDEP is the sole authority implementing the SIP and does not rely on 

local or regional governments or agencies to carry out this responsibility. No 

State board or body approves air permits or enforcement orders. Heads of 

Executive Agencies with authority to approve air permits or enforcement 

orders are prohibited from involvement in matters in which their private 

interests conflict or appear to conflict with their public duties or 

responsibilities under M.G.L. c. 268A, The Conflict ofinterest Law As 

Amended by c.93, Acts of 2011. MassDEP submitted a copy of this statute to 

EPA with the Infrastructure SIP Certification for inclusion in the 

Massachusetts SIP . 

. . . "require, as may be prescribed by the M.G.L. c. 111, s. 142A-D. Gives MassDEP the authority to maintain and 

Administrator - (i) the installation, operate air sampling stations and devices and to require, for the purpose of 

maintenance, and replacement of conducting a continuing inventory of air pollution sources of emissions, any 

equipment, and the implementation of person to register with MassDEP and provide emissions information. M.G.L. 

other necessary steps, by owners or c. 111 , § 1428 states: " Notwithstanding the provisions of any law to the 

operators of stationary sources to monitor contrary, any information, record, or particular part thereof, other than 

emissions from such sources, (ii) periodic emission data submitted to the department pursuant to this section, shall, upon 

reports on the nature and amounts of request, be kept confidential and not considered to be a public record ... " 

emissions and emissions-related data from 

Final MA 2010 N02 AAQS lnfrastructure Certification, June 6, 2014 

Page 12 of 2 I 
Clean Air Act 

(CAA) Section 

110(a)(2)(G) 

Emergency 

power 

SIP requirement (Each such plan 

shall ... ) 

such sources, and (iii) correlation of such 

reports by the State agency with any 

emission limitations or standards 

established pursuant to this Act, which 

reports shall be available at reasonable 

times for public inspection;" 

. . . "provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement such 

authority;" 

Corresponding Massachusetts Statutes and Regulations 

MassDEP Regulations: 

310 CMR 7 .12. Source Registration. 

310 CMR 7.13 . Stack Testing. 

310 CMR 7.14. Monitoring Devices and Reports. 

M.G.L. c. 66, s. 1. Public inspection and copies of records; presumption; 

exceptions. 

310 CMR 3.00. Access to and Confidentiality of Department Records and 

Files. Assures public access to MassDEP's reports to the extent allowed by 

statute . 

M.G.L. c. 111, s. 2B-C. Air Pollution Emergencies. Authorizes the 

Commissioner of MassDEP to determine that a condition or impending 

condition of the atmosphere in the Commonwealth constitutes a present or 

reasonably imminent danger to health, and to declare an air pollution 

emergency and cause the fact to be made known to the public. 

MassDEP Regulations: 

310 CMR 8.00. Prevention & Abatement of Air Pollution Episodes and Air 

Pollution Incident Emergencies. Prevents ambient air concentrations of 

pollutants subject to a AAQS from reaching levels that would constitute 

significant harm to public health, consistent with the significant harm levels 

and procedures for state emergency episode plans established by EPA in 40 

CFR Part 51.150. 

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 . 

Final MA 20 I 0 02 AAQS Infrastructure Certification, June 6, 2014 

Page 13of21 
110(a)(2)(H) 

Future SIP 

revisions 

110(a)(2)(l) 

Nonattainment 

area plans 

110(a)(2)(J) 

Consultation 

with 

government 

officials 

... "provide for revision of such plan - (i) 

from time to time as may be necessary to 

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;" 

... " in the case of a plan or plan revision 

for an area designated as a nonattainment 

area, meet the applicable requirements of 

part D of this subchapter (relating to non 

attainment areas)." 

... "meet the applicable requirements of 

section 121 (relating to consultation) 

M.G.L. c. 111, s. 142A-N. These statutes allow MassDEP to amend its air 

pollution control regulations from time to time. The specific sections cited 

below demonstrate that MassDEP has authority to amend the Massachusetts 

SIP as needed. 

Section 142A: "The department of environmental protection, referred to in 

this section and in sections one hundred and forty-two B through one hundred 

and forty-two M, inclusive, as the department may from time to time adopt 

regulations, pursuant to this section and sections one hundred and forty-two B 

through one hundred and forty-two M, inclusive, to prevent pollution or 

contamination of the atmosphere." 

Section 142D: "From time to time the department shall review the ambient 

air quality standards and plan for implementation, maintenance and 

attainment of such standards adopted pursuant to this section and, after public 

hearings, shall amend such standards and implementation plan so as to 

minimize the economic cost of such standards and plan for implementation, 

provided, however, that such standards shall not be less than the minimum 

federal standards." 

In February 2012, EPA designated Massachusetts as unclassifiable/attainment 

for the 2010 02 AAQS. Therefore, CAA section l 10(a)(2)(I) does not 

apply to 

Massachusetts. 

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

functions. 

M.G.L. c. 111, s. 142E. Air Pollution, preventing and controlling. Provides 

that all departments, agencies, commissions, authorities and political 

subdivisions shall be subject to rules and regulations adopted by MassDEP. 

Final MA 20 I 0 N02 NAAQS Infrastructure Certification, June 6, 2014 

Page 14 of2 I 
M.G.L. c. 30A. Massachusetts Administrative Procedures Act. Requires 

MassDEP to provide notice and public comment and hearing prior to 

adoption of regulations. 

Executive Order No. 145, adopted in 1978, requires MassDEP to provide 

notice to the Local Government Advisory Committee to solicit input on the 

impact of proposed regulations on local government. MassDEP submitted a 

copy of Executive Order No. 145 with the Infrastructure SIP Certification. 

Massachusetts SIP Steering Committee, established pursuant to the Clean 

Air Amendments of 1990, provides for consultation with government officials 

and other stakeholders interested in air quality issues. 

The 1972 Massachusetts Plan for the Implementation, Maintenance, and 

Enforcement of National Primary and Secondary Ambient Air Quality 

Standards (the 1972 SIP), documents the requirements for MassDEP to 

consult with other government officials. Section VII of the 1972 SIP, entitled 

"Intergovernmental and Inter-Agency Cooperation " provides that 

Massachusetts will cooperate with adjoining and other states to address 

interstate air quality control, citing NESCAUM (the New England Staff for 

Coordinating Air Use Management)4 

as an example of interstate cooperation. 

Since the submission of the 1972 SIP, MassDEP has maintained active 

membership in NESCAUM, a forum for consultation with air program 

officials of other northeast states. Interstate consultation became a federal 

statutory requirement through the creation of the Ozone Transport Region 

(OTR) pursuant to the 1990 Clean Air Act Amendments. Massachusetts is 

within the OTR and actively participates in the Ozone Transport Commission, 

which coordinates interstate air quality planning among the OTR states. 

Section VII ( c) of the 1972 SIP also discusses the existence of six air quality 

4 NESCAUM is now the ortheast States for Coordinated Air Use Management and includes the states of New York and New Jersey. 

Final MA 20 I 0 0 2 AAQS Infrastructure Certification, June 6, 2014 

Page 15of 2 1 
control regions within Massachusetts, and the role of the Bureau of Air 

Quality Control (at that time within the Department of Public Health) in 

administering, overseeing and coordinating inter-district cooperation. The 

role of municipally operated air pollution control programs within the six air 

quality control regions in implementing the air program is discussed in detail 

in Section VII, Resources. 

Section VII ( d) of the 1972 SIP lists the state statues that require the 

cooperation and/or assistance in the control of air pollution by other state 

agencies. 

Section II of the 1972 SIP, "Legal Authority" lists the statutes that provide 

MassDEP with the legal authority to carry out the plan. The statutes cited also 

provide that cities or towns may apply to MassDEP to form air pollution 

control districts. The powers, duties, and rights of MassDEP in the exercise 

of air pollution control in such districts are addressed in M.G.L. c. 21A, s. 8. 

And M.G.L. c. 111 , s. 142E cited above. 

On September 1, 1977, MassDEP submitted to EPA a Memorandum of 

Understanding signed by the Massachusetts air and transportation agencies 

related to Section 109( a)(2)(J) requirements concerning the integration of air 

quality considerations into the transportation planning and development 

process. That MOU remains in effect. 

Executive Order No. 145, adopted in 1978, requires state agencies, including 

MassDEP, to provide notice to the Local Government Advisory Committee 

soliciting input on the impact of proposed regulations on local government. 

MassDEP submitted a copy of Executive Order No. 145 with the 

Infrastructure SIP Certification. 

MassDEP has the responsibility for overall coordination of SIP planning and 

is the lead compliance and enforcement agency related to all matters 

incorporated into SIPs. These responsibilities were outlined in a July 9, 1993 

Final MA 2010 0 2 NAAQS Infrastructure Certification, June 6, 2014 

Page 16 of 21 
110(a)(2)(J) 

Public 

notification 

. . . "meet the applicable requirements of 

section 127 to notify the public during any 

calendar [year] on a regular basis of 

instances or areas in which any national 

primary ambient air quality standard is 

exceeded or was exceeded during any 

portion of the preceding calendar year .. . 

and to enhance public awareness of the 

measures which can be taken to prevent 

letter from Governor William F. Weld to EPA Region 1. The letter 

designates MassDEP as the lead agency for stationary and area sources and 

the lead for programs related to motor vehicle fuels, vehicle inspection and 

maintenance, and ridesharing. The letter designates the Executive Office of 

Transportation and Construction (EOTC)5 as the lead agency in SIP planning 

for all transportation initiatives in consultation with Metropolitan Planning 

Organizations, which include representation of locally-elected officials 

through membership on transit authority advisory boards and regional 

planning commissions. The letter states that MassDEP must approve all 

actions incorporated into the SIP. For enforcement of transportation 

initiatives, MassDEP may rely on other state and local agencies including the 

State Police, the Registry of Motor Vehicles, the Massachusetts Highway 

Department, and local law enforcement and public health officials. 

Massachusetts does not have a SIP-approved state transportation conformity 

rule. However, consistent with section 176 of the CAA and 40 CRF 93 

relative to conformity determinations, including provisions for consultation as 

required by section 176(c)(4) and 40 CFR 93.105, MassDEP and the 

Massachusetts Department of Transportation consult with local, regional, and 

federal agencies to ensure that transportation plans, programs, projects, and 

federal actions are consistent with the SIP . 

MassDEP provides a daily air quality forecast to inform the public about 

concentrations of fine particulate matter and ozone (during the ozone season) \ 

in the ambient air. It provides real-time air quality data for NAAQS 

pollutants that is accessible to the public on MassDEP's website. It also 

participates in EPA's AIRNOW program which notifies the public of air 

quality through EPA's website, alerts and press releases. 

5 The EOTC is now the Massachusetts Department of Transportation. 

Final MA 20 I 0 N02 NAAQS Infrastructure Certification, June 6, 201 4 

Page 17of21 
110(a)(2)(J) 

PSD and 

visibility 

Protection 

110(a)(2)(K) 

Air quality 

modeling/data 

110(a)(2)(L) 

Permitting 

fees 

such standards from being exceeded." 

... "meet the applicable requirements of 

part C (relating to prevention of 

significant deterioration of air quality and 

visibility protection);" 

... "provide for - (i) the performance of 

such air quality modeling as the 

Administrator may prescribe for the 

purpose of predicting the effect on 

ambient air quality of any emissions of 

any air pollutant for which the 

Administrator has established a national 

ambient air quality standard, and (ii) the 

submission, upon request, of data related 

to such air quality modeling to the 

Administrator;" 

. . . "require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of any 

See discussion of PSD and visibility above under CAA Section 11 O(a) (2) (CJ 

Program for enforcement of control measures. 

With respect to visibility, this element does not need to be addressed pursuant 

to EPA's I-SIP guidance, which states that there are no new visibility 

protection requirements as a result of a revised NAAQS. 

M.G.L. c. 111, s. 142B-D. These statutes give MassDEP the authority to 

maintain and operate air sampling stations and devices and to require any 

person to register with MassDEP and provide emissions information. 

MassDEP Regulations: 

310 CMR 7.02. Plan Approval and Emission Limitations; 7.02(7) Mitigation 

of air pollution allows MassDEP to require modeling analyses. 

310 CMR 7.12. Source Registration. Required of facilities that have the 

potential to emit pollutants at prescribed thresholds, 

310 CMR 7.13. Stack Testing. 

310 CMR 7.14. Monitoring Devices and Reports. 

310 CMR 7.00: Appendix A- Emissions Offsets and Nonattainrnent Review 

requires the submittal of air quality modeling to demonstrate the impacts of 

new and modified major sources. 

M.G.L. c. 66: s. 1. Public inspection and copies of records; presumption; 

exceptions. 

310 CMR 3.00. Access to and Confidentiality of Department Records and 

Files. Assures public access to MassDEP's reports to the extent allowed by 

statute . 

M.G.L. c. 21A, s. 18. This statute authorizes MassDEP to promulgate 

regulations establishing fees. 

Final MA 2010 02 AAQS Infrastructure Certification, June 6, 2014 

Page 18of21 
110(a)(2)(M) 

Consultation/ 

Participation 

by affected 

local entities 

permit required under this Act, a fee 310 CMR 4.00. Timely Action Schedule and Fee Provisions. These 

sufficient to cover - (i) the reasonable regulations set permit and compliance fees, including fees for Operating 

costs of reviewing and acting upon any Permits (CAA 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 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 M.G.L. c. 30A. Massachusetts Administrative Procedures Act requires 

participation by local political MassDEP to provide notice and public comment and hearing prior to 

subdivisions affected by the plan." adoption of any regulations. 

Executive Order No. 145 requires MassDEP to provide notice to the Local 

Government Advisory Committee to solicit input on the impact of the plan 

and proposed regulations on local government. MassDEP submitted a copy 

of Executive Order No. 145 with the Infrastructure SIP Certification. 

As noted in the discussion under (11 O)(a)(2)(J) - Consultation with 

Government Officials, the 1972 SIP includes provisions that relate to 

consultation with local political subdivisions. Section VII (c) of the 1972 SIP 

discusses six air quality control regions within Massachusetts, and the role of 

the Bureau of Air Quality Control (at that time within the Department of 

Public Health) in administering, overseeing and coordinating inter-district 

cooperation. The role of municipally operated air pollution control programs 

within the six air quality control regions in implementing the air program is 

Final MA 20 I 0 N02 AAQS Infrastructure Certification, June 6, 2014 

Page 19of21 
discussed in detail in Section VII, Resources. 

Section VII ( d) of the 1972 SIP lists the state statues that require the 

cooperation and/or assistance in the control of air pollution by other state 

agencies. 

Section II of the 1972 SIP, "Legal Authority" lists the statutes that provide 

MassDEP with the legal authority to carry out the plan. The statutes cited also 

provide that cities or towns may apply to MassDEP to form air pollution 

control districts. The powers, duties, and rights of MassDEP in the exercise of 

air pollution control in such districts are spelled out in the statutes referenced 

in the I-SIP. 

MassDEP consults with local political subdivisions through the SIP Steering 

Committee, which was created pursuant to the 1990 Clean Air Amendments. 

The following constituencies are represented on the Massachusetts SIP 

Steering Committee: local and regional governmental entities, business and 

industry, and environmental groups and academia. The Committee provides a 

forum for consultation and participation by affected local entities in the 

development of SIPs and air quality regulations. 

Additionally, as a matter of policy when adopting air regulations, MassDEP 

conducts stakeholder outreach, including meetings to elicit stakeholder 

feedback before proposing regulations for formal public review and 

comment. Local entities affected by regulations or SIP revisions are provided 

opportunities to consult with MassDEP through the stakeholder outreach 

process. 

M.G.L. c. 30A, Administrative Procedures, provides that MassDEP must 

provide public notice in accordance with Chapter 30A prior to the adoption, 

amendment, or repeal of any regulation. Leaders of political subdivisions 

have the opportunity to review such notices and to participate in the public 

process required by Chapter 30A. MassDEP also must comply with EPA 

Final MA 20 l 0 N02 NAAQS Infrastructure Certification, June 6, 2014 

Page 20of21 
requirements related to public notice of SIP revisions, which puts local 

political subdivisions on notice of changes that may affect them. 

Final MA 2010 N02 NAAQS Infrastructure Certification, June 6, 201 4 

Page 2 1 of 2 1