\**.~·**



### Certification ofMassachusetts Compliance with Clean Air Act Sections llO(a)(l) and (2) State Implementation Plan Requirements for the 2008 Ozone National Ambient Air Quality Standard June 6, 2014 Summary This is the Final Certification ofthe Massachusetts Infrastructure State Implementation Plan (SIP) (Infrastructure SIP Certification) of the Massachusetts Oepartment ofEnvironmental Protection (MassDEP) to the U.S. Environmental Protection Agency (EPA) that the 

# Q existing Massachusetts State Implementation Plan adequately meets the basic (or "infrastructure") requirements of42 U.S.C. § 7410(a)(l) and (2), (Sections l lO(a)(l) and (2) ofthe CleanAir Act (CAA))withrespect to the National Ambient Air Quality Standards (NAAQS) for ozone promulgated by EPA on March 12, 2008 (the 2008 ozone NAAQS). The 2008 ozoneNAAQS established identical primary and secondary 8-hour standards at a level of75 parts perbillion, based onthe 3-year average ofthe fourth-highest value ofthe yearly distribution of8-hour daily maximum concentrations. EPA finalized designations under the 2008 ozone NAAQS onMay 21, 2012. All ofMassachusetts was designated as attainment for the ozone NAAQS except for Duke's County, which has been classified as a marginal non-attainment area. (77 FR 30088; May 21, 2012, http://www.gpo.gov/fdsys/pkg/FR-2012-05-21/pdf/2012-11618.pdf). Background Pursuantto Sections l lO(a)(l) and (2) ofthe CAA, each State is required to submit a planto provide for the implementation, maintenance, and enforcement ofa newly promulgated orrevised NAAQS within 3 years after its promulgation. Section l lO(a)(l) provides the procedural and timing requirements for SIPs. Section l 10(a)(2) lists the basic elements that all SIPs must contain 

# •Q including emissions inventories, ambient air quality monitoring and data systeins, programs for implementation and enforcement of control measures, and adequate resources to implementthe plan. Forthe 2008 ozoneNAAQS, states were required to certify by March 12, 2011, that the state SIP contains the basic infrastructure elements that will allow the state to adequately provide for the implementation, maintenance and enforcement ofthe standard. 

### In March 2011, the 2008 ozone NAAQS was subject to legal challenge and EPA reconsideration, therefore, EPA did not require states to meetthe March 12, 2011 Infrastructure SIP Certification submittal deadline. In October 2012, the U.S. District Court for the Northern District ofCaliforniaordered EPA to issue Failure to Submit letters to states that had not submitted infrastructure SIPs for the 2008 ozoneNAAQS. Effective February 14, 2013, EPA issued Findings ofFailure
Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014

, Page 1of21

# 0 J to Submitto Massachusetts and 26 other statesfor failure to meetthe ozone Infrastructure SIP Certification submittal requirement. The Findings establish a 24-month deadline from the effective date ofthe Findings for the EPA to promulgate federal implementation plans (FIPs) to address the outstanding SIP elements unless;'prior to.that time, the affected states submit and the EPA approves, a SIP that corrects the deficiency. 78 FR2882 (Jan. 15, 2013). Ifa 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 ofthe section 110(a)(2) infrastructure elements as applicable to the**200~** Ozone NAAQS. MassDEP has reviewed its existing SIP and believes that it adequately provides for the implementaJion, maintenance and_ enforcement ofthe Ozone NAAQS. Therefore, MassDEP is submitting this Infrastructure SIP Certificationthat it meets the section 110(a)(2) infrastructure elements related to the 2008 Ozone NAAQS. In September 2013, EPA issued non-binding Guidance on Infrastructure State Implementation Plan Elements under Clean AirAct Sections 1lO(a)(l) and 110(a)(2) (EPA's Guidance). MassDEP has followed EPA's Guidance in developing this Infrastructure SIP Certification. Previous Infrastructure SIP Certifications MassDEP previously submittedthe following Infrastructure SIP Certifications to EPA in connection with other new orrevised NAAQS:

• In December 2007, MassDEP submitted a Certification of State Implementation PlanAdequacyRegarding CleanAirAct Sections JJO(a)(l) and(2) (the Ozone Certification), certifying that it met the.CAA Sections 1lO(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 ofthe PSD program. (See discussion regarding PSD irt Table · 1under Section JJO(a)(2)(C) Program for enforcement of controlmeasures andSection llO(a)(2)(D) Interstate transport.)

• In April 2008, MassDEP submitted a Certification of State implementation PlanAdequacyRegarding CleanAirActSections JIO(a)(I) and (2)for PM2.5 related to the 1997 PM2.5 NAAQS. On October 28, 2008 (73 Fed. Register 62902), EPAissued a finding that, for the 1997 PM2.5 NAAQS, the Massachusetts SIP is complete, with the exception ofthe PSD program.

• In September 2009, MassDEP submitted a Certification of State Implementation PlanAdequacyRegarding CleanAirAct Sections JIO(a)(I) and (2)for PM2.5 relatedto the 2006PM2.5 24-hourNAAQS.

Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014

. · Page 2 of21• On October 16, 2012, EPA conditionally approved MassDEP's 1997 and 2006 PM2.5 NAAQS certifications pending MassDEP's submission, by September 2013, of: 1) additional documentationto fulfill specific requirements ofsection 110(a)(2)(A) relatedto revising Massachusetts regulation 310 CMR7.00, Air Pollution Control, to include a definition ofthe termNationalAmbientAir Quality Standards (NAAQS) and 2) submission ofthe Massachusetts Conflict oflnterestLaw as partofthe SIP. MassDEP submits the Conflict ofInterestLawwiththis Infrastructure SIP Certification for ozone and will submitrevisions to 310 CMR7.00, includingthe amended definition ofNAAQS, as soon as the final revisions have been promulgated.

• OnDecember 3, 2012, MassDEP submitted a Certification of State Implementation PlanAdequacyRegarding CleanAirAct Sections 

### l JO(a)(J) and 

### (2)for Leadrelated to the 2008 leadNAAQS along with

# a commitmentto fulfill specific requirements 

# 0 ofsection 110(a)(2)(A) related to updating the Massachusetts AmbientAir Quality Standards and submission ofthe Massachusetts Conflict ofInterest Law as part ofthe SIP. EPAhas made a finding that the submittal is complete except for the element relating to PSD, but as ofMay 2014 has not otherwise taken action onthis submission. Infrastructure SIP Elements The Infrastructure SIP elements required under Section l 10(a)(2) and the related Massachusetts statutes and regulations that are already part ofthe Massachusetts SIP for one ormoreNAAQS are listed in Table 1. This Infrastructure SIP Certification for the 2008 ozoneNAAQS is based onthe same statutory and legal authority and program elements documented in the Infrastructure SIP Certifications listed above and submitted previously to EPA. Copies ofthe following documents submitted as part ofthe December 2007 Ozone SIP Certification are incorporated by reference in this Infrastructure SIP Certification:

• Section II, LegalAuthority, ofthe original 1972 Massachusetts SIP for ozone. This is a narrative description ofMassDEP's legal authority to adopt rules and regulations to comply withthe CAA. • Legal opinions that address CAArequirements 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 ofthe federal CleanAir 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 ofthe Clean Air Act and the Commonwealth's Regulation at 310 CMR 7.08(2), the.Municipal Waste Combustor Regulations; ·Final

## MA 2008 OzoneNAAQS Infrastructure SIP Certification, June 6, 2014 Page 3 of21 

# 0o July 9, 2007 MassDEP's 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. Concurrently with the submission ofthis Infrastructure SIP Certification, MassDEP submits for inclusion inits SIP the Massachusetts Conflict ofinterest Law, M.G.L. c. 268A, as Amended by c. 93, Acts of2011, in orderto satisfy CAA Section l 10(a)(2)(E)(ii), which references CAA section 128, concerning SIP requirements with respect to conflicts ofinterest. MassDEP also submits with this Infrastructure SIP Certification copies ofthe following statutes and 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 ControlLaws, as amended in 2009 and 2010. • M.G.L. c. 111, s. 2C. Pollution violations; orders of department of environmentalprotection. • M.G.L. c. 21A, s. 16. CivilAdministrativePenalties. • Executive OrderNo. 145, Consultation with Cities and Towns onAdministrative Mandates (1978) Certification Pursuant to Section l lO(a)(l), MassDEP has reviewed its existing SIP and the statutory authority and regulations referenced in Table 1, which are currently part ofthe Massachusetts SIP. MassDEP certifies and documents in this submittal that the existing Massachusetts SIP contain provisions addressing all.requirements ofthe Section 1**lO(a)(~)** infrastructure elements as applicable to the 2008 ozone NAAQS and adequately provides for the implementation,**mainten~ce** and enforcement ofthe 2008 ozoneNAAQS.

Final MA 2008 Ozone NAAQS Infrastructure SIP 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 2008 Ozone 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 andEnvironmentalAffairs 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 ofthe Executive Office and ofthe Department of other control incentives such as fees, marketable Environmental Protection (MassDEP).

## ** measures permits, and auctions ofemissions 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 ControlLaws, provide MassDEP withbroad authority to prevent pollution or contamination ofthe atmosphere and to prescribe and establish regulations to prevent pollution or undue contamination ofthe atmosphere. M.G.L. c. 21A, s. 18. Permit applications andcompliance assurance fees; timely action schedules; regulations. Authorizes MassDEP

## to establish fees applicable to the regulatory programs it administers. MassDEP Regulations: 310 CMR4.00. TimelyAction Schedule andFee Provisions ' 310 CMR 6.00.AmbientAir Quality Standards for the Commonwealth of Massachusetts. The regulations at 310 CMR 6.04 set a state primary and secondary standard for ozone of0.12 parts permillion (ppm) averaged over a 1-hourperiod consistent withthe 1-hour ozone NAAQS adopted in 1979.
°CFR refers to the U.S, Code ofFederal Regulations; M.G.L. refers to Massachusetts General Laws; CMR refers to the Code ofMassachusetts Regulations. **MassDEP was formerly known as the Department ofEnvironmental Quality Engineering or DEQE, and priorto that as the Bureau ofAir Quality Control in the Massachusetts Department ofPublic Health. Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 5of21 

# )

# 0



# 0 Clean Air Act SIP requirement (Each such plan (CAA) Section shall...)

I

1 The term "criteria pollutants" is defined in 310 CMR 7.00. 2 The term "Administrator" is defined in 310 CMR 7.00. Corresponding Massachusetts Statutes and Regulations Regardless ofthe 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 onproposed Infrastructure SIP Certifications for the PM2.5 and lead NAAQS, EPA questioned whether the Massachusetts constitution prohibits "prospective" or "rolling" incorporationbyreference (IBR) and ifso, 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 and comment proposed revisions to 310 CMR**7.00~** Air Pollution Control, to include the following definition: 

### NationalAmbientAir Oualitv Standards (NAAOS2 or FederalAmbient Air Quality Standards means the ambientair qμality standards for the criteriapollutant/adoptedby the Administrator 2

### pursuant to the CleanAirAct§ 109 (42 USC. §7410) andcodifiedat40 CFR Part 50 as in effect on [date of promulgation] MassDEP intends to promulgate this**revi~ion** to 310 CMR 7.00 as soon as pos_sible 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 ofthe regulations inthis chapter were submitted to EPA inthe 1971 PM/S02 SIP, the 1972 Ozone SIP, the 1984 Lead SIP and in multiple subsequent revisions to each ofthese SIPs. The SIPs and subsequent revisions have been approved by EPA in40 CFR Part 52, Subpart W.

Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 6 of21Clean Air Act (CAA) Section SIP req.uirement (Each such plan CorrespondingMassachusetts Statutes and Regulations

_, shall...) MassDEP previously submittedto EPA its air pollution control regulations related to minor new**~ource** review, RACT requirements, visible emissions and other administrative andtechnical amendments for approval and incorporation inthe Massachusetts SIP. As MassDEP updated these regulations, it did not withdrawprevious submittals when submitting subsequent amendments that supersededthe previous regulations. OnJanuary**18~** 2013, MassDEP submitted a letter to EPA withdrawing outdated and obsolete regulation submittals andreplacing them with the currently effective version ofthe regulations for approval and inclusion into the current \ Massachusetts SIP, so that EPA could meetthe requirements ofthe Consent Order inSierra Club v. Jackson, NO. 11-2180-RBW (D.D.C.). The regulations more specific to new source review and the control ofozone and ozone precursors are found in 310 CMR: 7.01. Condition ofAir Pollution ?-02. Plan Approval and Emission Limitations 7.03. Plan Approval Exemption: Construction Requirements 7.18. Volatile and Halogenated Organic Compounds 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 7.26. Industry Performance Standards

--- 7.i9. Emission Standards for Power Plants 7.32. Massachusetts Clean Air Interstate Rule (MassCAIR) 7.16. Massachusetts Rideshare Regulation 7.30. Massport/LoganAirport 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
Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 7 of21Clean AirAct (CAA) Section



# c

' 110(a)(2)(B) Ambient Air

., quality monitoring/ data system 

# 0 SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall...) 7.40. LowEmission Vehicle Program 7.45. Massachusetts Green Fleet Programs Appendix A: Emissions Offsets & Non-Attainment Review Appendix B: Emission Banking, Trading, and Averaging. Appendix C: Operating Permit and Compliance Program 310 CMR60.00.AirPollution Control forMobile Sources includingMotor Vehicle Inspection & Maintenance Program M.G.L. c. 21A, s. 18, MassDEP's fee statute

I 310 CMR4.00. TimelyAction Schedule andFee Provisions

... "provide for establishment and M.G.L. c. 111, s. 142B-D. Gives MassDEP the authority to maintain and operation ofappropriate devices, methods, operate air sampling stations and devices, and to require, for the purpose of systems, and procedures necessary to (i) conducting a continuing inventory ofairpollution sources ofemissions, any monitor, compile, and analyze data on person to register with MassDEP and provide emissions information. ambient air quality, and (ii) upon request, make such data available to the MassDEP Regulations: Administrator." 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 310 CMR 7.00: Appendix B. Emission Banking, Trading, and Averaging. 310 CMR 7.00: Appendix C. Operating Permit and Compliance Program. MassDEP collects and reports ambient air quality data for ozone and other NAAQS pollutants. These data are reviewed, validated and submitted to the EPA air quality system (AQS) no later than 90 days after the end ofa calendar quarter.

Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 8of21Clean Air Act (CAA) Section

110(a)(2)(C) Program for enforcement ofcontrol measures SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall...) In 1980, MassDEP submitted to EPA pursuant to 40 CFR § 52.1120(c)(36), a comprehensive air quality monitoring planto meetthe requirements of40 CFR part 58. MassDEP submits annually to EPA anAmbientAir Monitoring Network Plan. It submitted its most recent Air MonitoringNetwork Planto EPA in August2013.htt12://www.mass.gov/eea/agencies/massde12/air/re2orts/annual-ambient-airguality-monitoring-network-Qlan.html#4

-- MassDEP operates fifteen ozone monitors inlocations throughout the State.

... "include a programto provide for the M.G.L. c. 111, s. 2C. Pollution violations; orders of department of enforcement ofthe measures described in environmentalprotection. Authorizes MassDEP to issue orders enforcing air subparagraph (A), and regulation ofthe pollution control regulations. MassDEP submits a copy ofthis statutory modification and construction ofany section with the Infrastructure SIP Certification. stationary source within the areas covered

--- bythe plan as necessary to assure that M.G.L. c. 111, s. 142A-0.Massachusetts Pollution Control Laws. Authorizes national ambient air qtiality standards are MassDEP to adopt regulations to control pollution or contamination ofthe achieved,**includi~g** a permit program as atmosphere, and enforce such regulations and issue penalties. required inparts C and D;" M.G.L. c. 21A,

# s. 16. CivilAdministrative Penalties. Authorizes MassDEP to assess penalties for failure to comply with laws or regulations. MassDEP Regulations: 

# c

" 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). Emission limits for Municipal Waste Combustors 310 CMR 7.26. Industry Performance Standards 310 CMR 7.52. Enforcement Provisions. Neither M.G.L. c.21A, s.16., nor 310 CMR 7.52, prevent MassDEP from enforcing any violation ofan applicable standard or limit that occurs during Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 9 of21 

# )



# tClean Air Act (CAA) Section



# 0

0

110(a)(2)(D) Interstate transport SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall...) startup, shutdown ormalfunction at a facility. 310 CMR 7.00: Appendix A. Emissions Offsets andNonattainment Review. 310 CMR 7.00: Appendix C. Operating Permit and Compliance Program. Massachusetts does not have a PSD program regulation. Forthe 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 1IO(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 Apiil 4, 2011, MassbEP accepted full delegation ofthe Federal PSD program, 40 CFR 52.21, pursuant to the terms and conditions ofa delegation agreement between MassDEP and EPA and therequirements ofthe Clean Air Act. As set forth inthe delegation agreement, MassDEP will implementthe 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 has not yet proposed amendments to the PSD regulations relating to the 2008 ozone NAAQS or issued modeling guidance concerning analyses necessary to fulfill PSD requirements. MassDEP will follow EPA's revised requirements and permit modeling guidance once EPA issues them

.

. . . "contain adequate provisions

- (i) In EPA's 2005 Clean Air Interstate Rule (CAIR), Massachusetts was found to prohibiting, consistent with the provisions contribute to downwind ozone but not PM 2.5 nonattainment. The ofthis title, any source or othertype of Massachusetts SIP revision addressing the Interstate Air Pollution Transport emissions activity within the State from Requirements ofClean Air Act Section 110(a)(2)(D)(i) relating to the 1997 emitting any air pollutant in amounts ozone and PM2.5 standards,was submitted to EPA onJanuary 31, 2008. In which will

- (I) contrib'ute significantly to that SIP revision, MassDEP relied upon its adoption of310 CMR 7.32, the Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 10 of21

.Clean Air Act (CAA) Section SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall...) nonattainment in, or interfere with Massachusetts Clean Air Interstate Rule (MassCAIR), to address its maintenance by, any other State with contribution to downwind nonattainment areas, as required by the federal respect to any suchnational primary or .CAIR. secondary ambient air quality standard, or (II) interfere with measures required to be EPA promulgated the Cross-State Air Pollution Rule (CSAPR) in 2011 to included inthe applicable implementation replace CAIR starting in 2012. In CSAPR, EPA found that Massachusetts plan for any other State under part C to does not contribute to ozone or PM2.5 nonattainment. AnAugust 21, 2012 prevent significant deterioration ofail- court decisionvacated the CSAPR and left inplace-the 2005 CAIR. OnApril quality or to protectvisibility, (ii) insuring 29, 2014, the Supreme Court ofthe United States upheld EPA's adoption of compliance with the applicable; CSAPR and remanded the case backto the D.C. Circuit Court ofAppeals. requirements ofsections 126 and 115 MassDEP continues to implementthe MassCAIR-program. Once EPA (relating to interstate and international decides how it intends to proceed with CSAPR, MassDEP will submit a pollution abatement);" separate transport SIP to EPA to address this issue ifnecessary, once EPA has provided updated guidance. No source or sources within Massachusetts are the subject ofan active finding under section 126 ofthe Clean Air Actwith respect to the 2008 Ozone NAAQS. There are no final findings under section 115 ofthe Clean Air Act against Massachusetts with respect to the 2008 ozoneNAAQS. MassDEP is addressing visibility pursuantto its Regional Haze SIP, which EPA approved effective October 21, 2013.

·- A New Source Review Equivalency Determination was submitted to EPA Region 1 onDecember 30, 2005. See discussion ofPSD above under CAA Section 1JO(a)(2)(C) Program for enforcement of control measures.

Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 11 of21110(a)(2)(E) Adequate resources


# 0

,_



# 0

- ... "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 ofMassDEP. Administrator deems inappropriate, the general purpose local government or Provides that in no event shall MassDEP authorize implementation ofany governments, or a regional agency plan, strategy ortechnology less protective ofthe environment than required designated bythe State or general purpose by any applicable federal statute. local governments for suchpurpose) 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 impleme.ntation plan. local) lawto carry out such implementation plan (and is not prohibited M.G.L. c. 111, s. 142E.AirPollution, preventingandcontrolling. Provides by any provision ofFederal or State law that all departments, agencies, commissions, authorities and political from carrying out such implementation subdivisions shall be subj_ect to rules and regulations adopted by the plan orportion thereof), (ii) requirements department ofenvironmental protection. that the State comply with the requirements respecting State boards .The first Massachusetts SIP submitted in 1971 to address NAAQS for oxides under section 128, and (iii) necessary ofsulfur andparticulate matterprovided assurances ofadequate personnel and assurances that, where the State has relied funding to carry out implementation ofthat SIP. The commitments to funding on a local orregional government, and personnel have been updated in subsequent SIP submissions related to PM agency, or instrumentality for the and ozone and in the 1984 Massachusetts Lead SIP. MassDEP has adequate implementation ofany planprovision, the personnel and funding to implement the existing SIP currently. Itexpects to State has responsibility for ensuring have adequate personnel-and funding for implementation during the 5-year adequate implementation ofsuch plan period following submission ofthis certification and in future years. provision;" MassDEP is the sole authority implementing the SIP and does not rely on local orregional governments or agencies to carry outthis responsibility. No State board orbody approves air permits or enforcement orders. Heads ofExecutive Agencies with authority to approve airpermits-or enforcement orders are prohibited from involvement in matters in which their private interests conflict or appear to conflict with their public duties orresponsibilities under M.G.L. c.**~** 268A, The Conflict ofInterest Law As Amended by c. 93, Acts of201l. MassDEP has submitted a copy ofthis statute with the Infrastructure SIP Certification for inclusion in the Massachusetts SIP. Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 12of21110(a)(2)(F) Stationary source emissions monitoring and reporting

110(a)(2)(G) Emergency power ... "require, as may be prescribed bythe Administrator

- (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators ofstationary sources to monitor emissions from such sources, (ii) periodic reports on**th~** nature and amounts of emissions and·emissions-related datafrom such sources, and(iii) correlation ofsuch reports by the State agency with any emission limitations or standards establishedpursuantto 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;" M.G.L. c. 111, s. 142A-D. Gives MassDEP the authority to maintain and operate air sampling stations and devices andto require, for the purpose of

. _conducting a continuing inventory ofair pollution. sources ofemissions, any

personto register with MassDEP and provide emissions information. M.G.L. c. 111, § 142B states "Notwithstanding the provisions ofany lawto the contrary, any information, record, orparticular part thereof, otherthan · emission data submittedto the**depart:m~nt** pursuantto this seGtion, shall, upon request, be kept confidential and not consideredto be a public record

..." MassDEP Regulations:**~10** CMR7.12. 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 andcopies of records;presumption; exceptions. 310 CMR3.00.Accesslo and Confidentiality of DepartmentRecords and Files. Assures public access to MassDEP's reports to the extent allowed by .statute. M.G.L. c.111, s. 2B-C.AirPollution Emergencies. Authorizes the Commissioner ofMassDEP to determine·that a condition or impending condition ofthe atmosphere inthe Commonwealth constitutes a present or reasonably imminent danger to health, and to declare an air pollution emergency and cause the fact to be made knownto the public. MassDEP Regulations:

- 310 CMR8.00. Prevention & Abatement ofAir Pollution Episodes and Air Pollution Incident Emergencies. Prevents ambient air concentrations of pollutants subject to a NAAQS from reaching levels that would constitute significant harm to public health, consistent with the significant harm levels**',L--~~~~~--'-~~~~~~~~~~~~~~~~-'--""'--~~~~~--"-~~~~-'--~~~~~~~-=-~~~~~~~~~** Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 13 of21110(a)(2)(H) Future 

### SIP revisions

/ j

110(a)(2)(I) Nonattainment area plans ' and procedures for state emergency episode plctns established by EPA in 40 CFRPart 51.150. 310 CMR 8.00. Prevention & Abatement ofAir Pollution Episodes & Emergencies. Procedures are consistent with the significant harm levels as indicated in 40 CFRPart 51.151. MassDEP forecasts concentrations ofozone statewide during the ozone season and provides alerts to the public when concentrations are expected to reach unhealthy levels using the Air Quality Index.

... "provide for revision ofsuch plan

- (i) M.G.L. c. 111, s. 142A-O. These statutes allowMassDEP to amend its air from time to time as maybe necessary to pollution control regulations from time to time. The specific sections cited take account ofrevisions ofsuchnational below demonstrate that MassDEP has authority to amend the Massachusetts primary or secondary ambient air quality SIP as needed. standard orthe availability ofimproved or more expeditious methods ofattaining Section 142A: "The department ofenvironmental protection, referred to in this such standard, and (ii) except as provided section and in sections one hundred and forty-two B through one hundred and in paragraph (3)(C), wheneverthe forty-two M, inclusive, as the department may from time to time adopt Administrator finds onthe basis of regulations, pursuantto this section and sections one hundred and forty-two B information available to the Administrator through one hundred and forty-two M, inclusive, to preventpollution or that the plan is substantially inadequate to contamination ofthe atmosphere." attain the national ambient air quality standard which 

### 1t implements or to Section 142D: "Fromtime to timethe department shall review the ambient air**otherwis~**comply with any additiorial quality standards and plan for implementation, maintenance and attainment of requirements established under this Act;" such standards adopted pursuantto this section and, after public hearings, shall amend such standards and implementation plan so as to minimize the economic cost ofsuch standards and pian for implementation, provided, however, that such standards-shall not be less than the minimum federal standards."

..." in the case ofa plan or plan revision for an area designated as a nonattainment EPA does not take action onnonattainment-related provisions, such as those area, meet the applicable requirements of required byCAA section l 10(a)(2)(I), as part ofinfrastructure SIP submittals part D ofthis subchapter (relating to non because these submittals are required beyond the date (3 years from NAAQS

· Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 14 of21attainment areas)." promulgation) that section 110 infrastructure submittals are required. 110(a)(2)(J) M.G.L. c. 21A, s. 8. Organization of departments;powers, duties and Consultation

. . . "meetthe applicable requirements of functions

. with section 121 (relating to consultation), government**M~G.L.** c. 111, s. 142E.AirPollution,preventingandcontrolling. Provides officials that all departments, agencies, commissions, authorities and political subdivisions shall be subjectto rules and regulations adopted by MassDEP. M.G.L. c. 30A. MassachusettsAdministrative ProceduresAct. Requires

•, ·MassDEP to provide notice and public comment and hearing prior to adoption ofregulations. Executive Order No. 145, adopted in 1978, requires MassDEP to provide ) notice to the Local GovernmentAdvisory Committee to solicit input on the impact ofproposed regulations on local government. MassDEP submitted a copy ofExecutive OrderNo. 145 with the Infrastructure SIP Certification. The Massachusetts SIP Steering Committee, established pursuantto the Clean Air Amendments of 1990, provides for consultation with governinent officials and other stakeholders interested in air quality issues.



### - The 1972 Massachusetts Plan for the Implementation, Maintenance, and Enforcement ofNational Primary and Secondary Ambient Air Quality Standards (the 1972 SIP), documents the requirements for MassDEP to consul with other government officials. SectionVII ofthe 1972 SIP, entitled "Intergovernmental andInter-Agency Cooperation" provides that Massachusetts will cooperate with adjoining and other states to address interstate air quality control, citing NESCAUM (the New England Stafffor Coordinating Air Use Management)3 as an example ofinterstate cooperation. Since the submission ofthe 1972 SIP, MassDEP has maintained active membership inNESCAUM, a forum for consultation with air program

3 NESCAUM is now the Northeast States for CoordinatedAir Use Management and includes the states ofNew York and New Jersey.

. / Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 15 of21

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# 0 officials ofother northeast states. Interstate consultation became a federal statutoryrequirement through the creation ofthe Ozone Transport Region (OTR) pursuantto the 1990 Clean AirActAmendments. Massachusetts is withinthe OTR and actively participates inthe Ozone Transport Commission, which coordinates interstate air quality planning among the OTR states. Section VII (c) ofthe 1972 SIP also discusses the existence ofsix air quality control regions within Massachusetts, and the role ofthe Bureau ofAir Quality Control (at thattime within the Department ofPublic Health) in administering, overseeing and coordinating inter-district cooperation. The role ofmunicipally operated airpollution control programs withinthe six air quality control regions in implementing the air program is discussed in detail in Section VII, Resources. SectionVII (d) ofthe 1972 SIP lists the state statues that require the cooperation and/or assistance in the control ofairpollution by other state agencies. Section II ofthe 1972 SIP, "LegalAuthority" lists the statutes thatprovide MassDEP with the legal authority to carry out the plan. The statutes cited also provide that cities ortowns may apply to MassDEP to form air pollution control districts. The powers, duties, and rights ofMassDEP 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 Understandingsigned by the Massachusetts air and transportation agencies related to Section 109(a)(2)(J) requirements concerning the integration ofair 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 onthe impact ofproposed regulations on local government. MassDEP submitted a.copy ofExecutive OrderNo. 145 with the Infrastructure Final MA 2008 OzoneNAAQS Infrastructure SIP Certification, June 6, 2014 Page 16 of21

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···, SIP Certification. · MassDEP has the responsibility for overall coordination ofSIP planning and is

.the lead compliance and enforcementagency related to all matters incorporated into SIPs. These responsibilities were outlined in a July 9, 1993 letter from Governor William F. Weld to EPA Region 1. The letter designates MassDEP as the lead agency for stationary and area sources andthe lead for prograins related to motor vehicle fuels, vehicle inspection and maintenance, and ridesharing. The letter designates the Executive Office ofTransportation and.Construction (EOTC)4 as the lead agency in SIP planning for all transportation initiatives in consultation withMetropolitan Planning Organizations, which include representation oflocally-electedofficials through membership ontransit authority advisory boards and regional planning commissions. The letter states that MassDEP must approve all actions incorporated into the SIP. Fpr enforcement oftransportation initiatives, MassDEP may rely on other state and local agencies including the State Police, the Registry ofMotor 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 ofthe 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 ofTransportation consult with local, regional, and federal agencies to enslire that transportation plans, programs, projects, and federal actions are consistent withthe SIP. 110(a)(2)(J)
... "meetthe applicable requirements of MassDEP provides a daily air quality forecast to inform the public about Public section 127 to notifythe public during any concentrations offine particulate matter and ozone (during the ozone season) notification calendar [year] ori a regular basis of inthe ambient air. It provides real-time air quality data for NAAQS pollutants instances or areas inwhich any national that is accessible to the public onMassDEP's website. It also participates in

4 The,EOTC is now the Massachusetts Department ofTransportation. Final MA 2008 OzoneNAAQS Infrastructure SIP Certification, June 6, 2014 Page 17 of2l

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0 110(a)(2)(J) PSD and visibility Protection
110(a)(2)(K) Air quality modeling/data primary ambient air quality standard is exceeded orwas exceeded during any portion ofthe preceding calendar year ...· and to enhance public awareness ofthe measures which can be taken to prevent such standards from being exceeded."

... "meetthe applicable requirements of part C (relating to prevention of significant deterioration ofair quality and visibility protection);"

... "provide for

- (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality ofanyemissions of any air pollutant for whichthe Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, ofdatarelated to such air quality modeling to the Administrator;" EPA's AIRNOWprogram which notifies the public ofair quality through EPA's website, alerts and press releases.

-

See discussion ofPSD above under CAA Section l JO(a)(2)(C) Program for enforcement of controlmeasures. 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 newvisibility protection requirements as a result ofa 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 personto register with MassDEP and provide emissions information, MassDEP Regulations: 310 CMR 7.02. PlanApproval and Emission Limitations; 7.02(7) Mitigation ofair pollution allows MassDEP to require modeling analyses. 310 CMR 7.12. Source Registration. Required offacilities that have the potential to emitpollutants atprescribed thresholds, 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 requires the submittal ofair quality modeling to demonstrate the impacts of new and modified major sources. M.G..L. c. 66, s. 1. Public inspection and copies ofrecords; presumption; exceptions. 310 CMR3.00.Access to andConfidentiality of DepartmentRecords and Files. Assures public access to MassDEP's reports to the extent allowed by statute. Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014
· Page 18 of21110(a)(2)(L) Permitting fees ... "require the owner or operator ofeach major stationary source to payto the permitting authority, as a condition ofany permit required under this Act, a fee sufficientto cover - (i) the reasonable costs ofreviewing and acting upon any 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 theterms and conditions ofany such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded withrespect to such sources bythe , Administrator's approval ofa fee program under**~** title V;" M.G.L. c. 21A, s. 18. This statute authorizes MassDEP to promulgate regulations establishing fees. 310 CMR4.00. TimelyAction Schedule andFee Provisions. These regulations setpermit and compliance fees, including fees for Operating Permits (CAA Title V).

Final MA 2008 OzoneNAAQS Infrastructure SIP Certification, June 6, 2014

. Page I9 of2 1 

# )110( a)(2)(M)
... "provide for consultation and M.G.L. c. 30A. MassachusettsAdministrative ProceduresActrequires Consultation/ participation by local political MassDEP to provide notice and public comment and hearing priorto adoption Participation subdivisions affected bythe plan." ofany regulations. byaffected local entities ' Executive Order No.145 requires MassDEP to provide notice to the Local Government Advisory Committee to solicit input on the impact ofthe plan and

• < proposed regulations on local government. MassDEP submitted a copy of Executive OrderNo. 145 with the Infrastructure SIP Certification. 

# C.1 As noted in the discussion under (110)(a)(2)(J)

- Consultation with Government Officials, the 1972 SIP includes provisions that relate to consultation with local political subdivisions. Section VII (c) ofthe 1972 SIP discusses six air quality control regions within Massachusetts, and the role of the Bureau ofAir Quality Control (at that time within the Department of Public Health) in administering, overseeing and coordinating inter-district cooperation. The role ofmunicipally 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) ofthe 1972 SIP lists the state statues that require the cooperation and/or assistance in the control ofair pollution by other state agencies. Section II ofthe 1972 SIP, "LegalAuthority" 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 applyto MassDEP to form air pollution control districts. The powers, duties, and rights ofMassDEP 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 AirAmendments. The following constituencies are represented on the Massachusetts SIP Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014
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,.- I Steering Committee: local and regional governmental entities, business and industry, and environmental groups and academia. The Committee provides a forum for consultation and par:ticipation by affected local entities inthe development ofSIPs and air quality regulations. ) Additionally, as a matter ofpolicy 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 30Aprior to the adoption, amendment, or repeal ofanyregulation. Leaders ofpolitical subdivisions have the opportunity to review such notices andto participate inthe public process required by Chapter 30A. MassDEP also must comply with EPArequirements related to public notice ofSIP revisions, whichputs local political subdivisions on notice ofchanges that may affect them.

Final MA 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 Page 21 of21 )/



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