\ .~· 

Certification of Massachusetts 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 of the Massachusetts Infrastructure State Implementation Plan (SIP) (Infrastructure SIP Certification) of 

the Massachusetts Oepartment of Environmental 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 of 42 U.S.C. § 

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

Standards (NAAQS) for ozone promulgated by EPA on March 12, 2008 (the 2008 ozone NAAQS). The 2008 ozone NAAQS 

established identical primary and secondary 8-hour standards at a level of 75 parts per billion, based on the 3-year average of the 

fourth-highest value of the yearly distribution of 8-hour daily maximum concentrations. EPA finalized designations under the 2008 

ozone NAAQS on May 21, 2012. All of Massachusetts 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 

Pursuant to Sections l 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 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 implement the plan. For the 2008 ozone NAAQS, 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 of the standard. In March 2011, the 2008 ozone NAAQS was subject to legal 

challenge and EPA reconsideration, therefore, EPA did not require states to meet the March 12, 2011 Infrastructure SIP Certification 

submittal deadline. 

In October 2012, the U.S. District Court for the Northern District of California ordered EPA to issue Failure to Submit letters to states 

that had not submitted infrastructure SIPs for the 2008 ozone NAAQS. Effective February 14, 2013, EPA issued Findings of Failure 

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

, Page 1 of21 
0 

J 

to Submit to Massachusetts and 26 other states for failure to meet the ozone Infrastructure SIP Certification submittal requirement. 

The Findings establish a 24-month deadline from the effective date of the 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 FR 2882 (Jan. 15, 2013). 

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 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 of the Ozone NAAQS. Therefore, MassDEP is submitting this Infrastructure SIP Certification that 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 Air Act 

Sections 1 lO(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 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 JJO(a)(l) and (2) (the Ozone Certification), certifying that it met the.CAA Sections 1 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 irt Table · 

1 under Section J JO(a)(2)(C) Program for enforcement of control measures and Section llO(a)(2)(D) Interstate transport.) 

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

JIO(a)(I) 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 J IO(a)(I) and (2) for PM2.5 related to the 2006 PM2.5 24-hour NAAQS. 

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 documentation to fulfill specific requirements of section 

110(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 oflnterest Law as 

part of the SIP. MassDEP submits the Conflict of Interest Law with this Infrastructure SIP Certification for ozone and will 

submit revisions to 310 CMR 7 .00, including the amended definition of NAAQS, as soon as the final revisions have been 

promulgated. 

• On December 3, 2012, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act 

Sections l JO(a)(J) and (2) for Lead related to the 2008 lead NAAQS along with a commitment to fulfill specific requirements 0 

of section 110(a)(2)(A) related to updating the Massachusetts Ambient Air Quality Standards and 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 l 10(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 2008 

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

Certifications listed above and submitted previously to EPA. 

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

this Infrastructure SIP Certification: 

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

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

• Legal opinions that address 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; 

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

Page 3 of 21 

0 
o 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 of this Infrastructure SIP Certification, MassDEP submits for inclusion in its SIP the Massachusetts 

Conflict ofinterest Law, M.G.L. c. 268A, as Amended by c. 93, Acts of 2011, in order to satisfy CAA Section l 10(a)(2)(E)(ii), which 

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

MassDEP also submits with this Infrastructure SIP Certification copies of the 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 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 l lO(a)(l), MassDEP has 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 contain provisions addressing all.requirements of the Section 1 lO(a)(~) infrastructure elements as applicable to the 

2008 ozone NAAQS and adequately provides for the implementation, mainten~ce and enforcement of the 2008 ozone NAAQS. 

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 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 standard for ozone of 0 .12 parts per million (ppm) averaged over a 

1-hour period consistent with the 1-hour ozone NAAQS adopted in 1979. 

°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 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 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 Infrastructure SIP 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 and comment proposed revisions to 310 CMR 7.00~ 

Air Pollution Control, to include the following definition: 

National Ambient Air Oualitv Standards (NAAOS2 or Federal Ambient 

Air Quality Standards means the ambient air qμality standards for the 

criteria pollutant/ adopted by the Administrator2 pursuant to the 

Clean Air Act§ 109 (42 USC. §7410) and codified at 40 CFR Part 50 

as in effect on [date of promulgation] 

MassD EP 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 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 2008 Ozone NAAQS Infrastructure SIP Certification, June 6, 2014 

Page 6 of21 
Clean Air Act 

(CAA) Section 

SIP req.uirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

_, 

shall ... ) 

MassDEP previously submitted to EPA its air pollution control regulations 

related to minor new ~ource 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 ozone 

and ozone precursors are found in 310 CMR: 

7.01. Condition of Air 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 of Nitrogen 

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/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 

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

Page 7 of21 
Clean Air Act 

(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. Low Emission 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 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 

I 

310 CMR 4.00. Timely Action Schedule and Fee Provisions 

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

operation of appropriate 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 of air pollution sources of emissions, 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 of a calendar 

quarter. 

Final MA 2008 Ozone NAAQS Infrastructure SIP 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 ... ) 

In 1980, MassDEP submitted to EPA pursuant to 40 CFR § 52.1120( c )(3 6), 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 Network Plan to 

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 in locations throughout the State. 

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

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 the Infrastructure SIP Certification. 

stationary source within the areas covered ---

by the 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 of the 

achieved, includi~g a permit program as atmosphere, and enforce such regulations and issue penalties. 

required in parts C and D;" 

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: 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 of an applicable standard or limit that occurs during 

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

Page 9 of21 

) 

t 
Clean 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 or malfunction at a facility. 

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

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 1 IO(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 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 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 

of this title, any source or other type of Massachusetts SIP revision addressing the Interstate Air Pollution Transport 

emissions activity within the State from Requirements of Clean 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 on January 31, 2008. In 

which will - (I) contrib'ute significantly to that SIP revision, MassDEP relied upon its adoption of 310 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 such national 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 in the 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. An August 21, 2012 

prevent significant deterioration of ail- court decision vacated the CSAPR and left in place-the 2005 CAIR. On April 

quality or to protect visibility, (ii) insuring 29, 2014, the Supreme Court of the United States upheld EPA's adoption of 

compliance with the applicable; CSAPR and remanded the case back to the D.C. Circuit Court of Appeals. 

requirements of sections 126 and 115 MassDEP continues to implement the 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 if necessary, once EPA has 

provided updated guidance. 

No source or sources within Massachusetts are the subject of an active finding 

under section 126 of the Clean Air Act with respect to the 2008 Ozone 

NAAQS. 

There are no final findings under section 115 of the Clean Air Act against 

Massachusetts with respect to the 2008 ozone NAAQS. 

MassDEP is addressing visibility pursuant to its Regional Haze SIP, which 

EPA approved effective October 21, 2013. 

·-

A New Source Review Equivalency Determination was submitted to EPA 

Region 1 on December 30, 2005. 

See discussion of PSD above under CAA Section 1 JO(a)(2)(C) Program for 

enforcement of control measures. 

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

Page 11 of 21 
110(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 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 impleme.ntation 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 subj_ect to rules and regulations adopted by the 

plan or portion thereof), (ii) requirements department of environmental 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 of sulfur and particulate matter provided assurances of adequate personnel and 

assurances that, where the State has relied funding to carry out implementation of that SIP. The commitments to funding 

on a local or regional 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 of any plan provision, the personnel and funding to implement the existing SIP currently. It expects to 

State has responsibility for ensuring have adequate personnel-and funding for implementation during the 5-year adequate implementation of such plan period following submission of this certification 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 of Interest Law As Amended by c. 93, Acts of201 l. 

MassDEP has submitted a copy of this statute with the Infrastructure SIP 

Certification for inclusion in the Massachusetts SIP. 

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

Page 12of21 
110(a)(2)(F) 

Stationary 

source 

emissions 

monitoring 

and reporting 

110(a)(2)(G) 

Emergency 

power 

... "require, as may be prescribed by the 

Administrator - (i) the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources to monitor 

emissions from such sources, (ii) periodic 

reports on th~ nature and amounts of 

emissions and· emissions-related data from 

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;" 

M.G.L. c. 111, s. 142A-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. M.G.L. 

c. 111, § 14 2B states "Notwithstanding the provisions of any law to the 

contrary, any information, record, or particular part thereof, other than · 

emission data submitted to the depart:m~nt pursuant to this seGtion, shall, upon 

request, be kept confidential and not considered to be a public record ... " 

MassDEP Regulations: 

~10 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 lo 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 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 of21 
110(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 

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. 

MassDEP forecasts concentrations of ozone 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 of such plan - (i) M.G.L. c. 111, s. 142A-O. These statutes allow MassDEP to amend its air 

from time to time as may be necessary to pollution control regulations from time to time. The specific sections cited 

take account of revisions of such national below demonstrate that MassDEP has authority to amend the Massachusetts 

primary or secondary ambient air quality SIP as needed. 

standard or the availability of improved or 

more expeditious methods of attaining Section 142A: "The department of environmental 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), whenever the forty-two M, inclusive, as the department may from time to time adopt 

Administrator finds on the basis of regulations, pursuant to this section and sections one hundred and forty-two B 

information available to the Administrator through one hundred and forty-two M, inclusive, to prevent pollution or 

that the plan is substantially inadequate to contamination of the atmosphere." 

attain the national ambient air quality 

standard which 1t implements or to Section 142D: "From time to time the 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 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 pian for implementation, provided, 

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

standards." 

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

for an area designated as a nonattainment EPA does not take action on nonattainment-related provisions, such as those 

area, meet the applicable requirements of required by CAA section l 10(a)(2)(I), as part of infrastructure SIP submittals 

part D of this 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 of21 
attainment 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 . . . "meet the applicable requirements of functions . 

with section 121 (relating to consultation), 

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

officials that all departments, agencies, commissions, authorities and political 

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

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. 

The Massachusetts SIP Steering Committee, established pursuant to 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 of National Primary and Secondary Ambient Air Quality 

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

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)3 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 

3 NESCAUM is now the Northeast States for Coordinated Air Use Management and includes the states of New York and New Jersey. . / 

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

Page 15 of21 
C· 

0 

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 

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 

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

Page 16 of21 
.· 

···, 

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 

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 

pro grains related to motor vehicle fuels, vehicle inspection and maintenance, 

and ridesharing. The letter designates the Executive Office of Transportation 

and. Construction (EOTC)4 

as the lead agency in SIP planning for all 

transportation initiatives in consultation with Metropolitan Planning 

Organizations, which include representation oflocally-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. Fpr 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 enslire that transportation plans, programs, projects, and 

federal actions are consistent with the SIP. 

110(a)(2)(J) ... "meet the applicable requirements of MassDEP provides a daily air quality forecast to inform the public about 

Public section 127 to notify the public during any concentrations of fine particulate matter and ozone (during the ozone season) 

notification calendar [year] ori a regular basis of in the ambient air. It provides real-time air quality data for NAAQS pollutants 

instances or areas in which any national that is accessible to the public on MassDEP's website. It also participates in 

4 The,EOTC is now the Massachusetts Department of Transportation. 

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

Page 17 of2 l 

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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 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 

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;" 

EPA' s AIRNOW program which notifies the public of air quality through 

EPA's website, alerts and press releases. -

See discussion of PSD above under CAA Section l JO(a)(2)(C) 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 Nonattainment 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. 

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

· Page 18 of21 
110(a)(2)(L) 

Permitting 

fees 

... "require the owner or operator of each 

major stationary source to pay to the 

permitting authority, as a condition of any 

permit required under this Act, a fee 

sufficient to cover - (i) the reasonable 

costs of reviewing 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 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 ;" 

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

regulations establishing fees. 

310 CMR 4.00. Timely Action Schedule and Fee Provisions. These regulations 

set permit and compliance fees, including fees for Operating Permits (CAA 

Title V). 

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

. Page I 9 of 2 1 

) 
110( a )(2)(M) ... "provide for consultation and M.G.L. c. 30A. Massachusetts Administrative Procedures Act requires 

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

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

by affected 

local entities ' 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. 

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) 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 

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 

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

· Page 20 of21 · 
I '. ,.., • 1.• ._1,,..,,, 

,.-

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 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 requirements 

related to public notice of SIP revisions, which puts local political subdivisions 

on notice of changes that may affect them. 

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

Page 21 of 21 

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