Commonwealth 1v1assachusetts 

Executive Office of Energy & Environmental Affairs 

Department of Environmental Protection 

One Winter Street Boston, MA 02108•617-292-5500 

DEVAL L PATRICK 

Governor 

RICHARD K. SULLIVAN JR 

Secretary 

June 6, 2014 

H. Curtis Spalding 

Regional Administrator 

U.S. Environmental Protection Agency 

5 Post Office Square 

Boston, MA 02114-2023 

Subject: Infrastructure SIPs: 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur 

Dioxide NAAQS. Conflict oflnterest Law 

Dear Mr. Spalding: 

OAVIOW CASH 

Commissioner 

The Massachusetts Department of Environmental Protection (MassDEP) is submitting for your 

approval as part of the Massachusetts State Implementation Plan three Certifications of State 

Implementation Plan (SIP) Adequacy Regarding Clean Air Act Sections 11 O(a)(l) and (2) 

("Infrastructure SIP Certification") to demonstrate the ability of MassDEP to implement, 

maintain and enforce the following: 

• The ozone National Ambient Air Quality Standard (NAAQS) promulgated by 

EPA on March 12, 2008 (the 2008 ozone NAAQS); 

• The nitrogen dioxide (N02) NAAQS promulgated by EPA on January 22, 2010 

(the 2010 N02 NAAQS); 

• The sulfur dioxide (S02) NAAQS promulgated by EPA on June 2, 2010. 

MassDEP previously submitted Infrastructure SIP Certifications related to other NAAQS 

revisions. On October 16, 2012, EPA conditionally approved MassDEP's 1997 and 2006 PM25 

Infrastructure SIP Certifications contingent on our taking the following actions: 

1) revising the definition, in 310 CMR 7.00, of the term National Ambient Air Quality 

Standards (NAAQS) to include a calendar date to make clear to which NAAQS version 

MassDEP's regulations refer; and 

2) Submitting for inclusion in the Massachusetts SIP, the Massachusetts Conflict of 

Interest Law, M.G.L. c. 268A, as Amended by c.93, Acts of 2011. 

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751 . TDD# 1-866-539-7622 or 1-617-574-6868 

MassDEP Website: www.mass.gov/dep 

Printed on Recycled Paper 
H. Curtis Spalding 

June 6, 2014 

Page 2 

With respect to the NAAQS definition, MassDEP proposed regulatory revisions to 310 CMR 

7.00 in 2012. We expect to finalize the revisions within the next few months and will submit the 

final regulation for inclusion in the Massachusetts SIP as soon as it is promulgated. We 

anticipate that this commitment will allow EPA to issue a conditional approval of the enclosed 

Massachusetts Infrastructure SIP Certifications for ozone, N02 and S02 pending submission of 

the final regulatory revision. 

With respect to the Conflict oflnterest Law, M.G.L. c. 268A, as Amended by c.93, Acts of 2011. 

MassDEP is submitting it for inclusion in the Massachusetts SIP in order to satisfy CAA Section 

110( a)(2)(E)(ii), which establishes SIP requirements with respect to conflicts of interest. 

We also are submitting copies of the following statutes and executive order but are 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 

Finally, we are enclosing: 

• A hearing officer's certification related to the public review process associated with the 

three Infrastructure SIP Certifications and the Conflict of Interest Law. 

• MassDEP's Response to Comments received on the proposed Infrastructure SIP 

Certifications. 

If you have questions or need additional information concerning this submission, please contact 

Christine Kirby, Director, Air and Climate Programs. 

David W. Cash 

Commissioner 

Enclosures 

cc (electronic): Anne Arnold, EPA Region 1 
DEVAL L PATRICK 

Governor 

Commonwealth Massachusetts 

Executive Office of Energy & Environmental Affairs 

Department of Environmental Protection 

One W inter Street Boston, MA 02108 • 617-292-5500 

RICHARD K. SULLIVAN JR. 

Secretary 

DAVID W. CASH 

Commissioner 

HEARING OFFICER'S CERTIFICATION 

Related to the public review process for: 

A. Proposed Certifications of State Implementation Plan (SIP) Adequacy Regarding Clean Air Act 

Sections 1 JO(a)(J) and (2) ("Infrastructure SIP Certifications") to demonstrate the ability of the 

Massachusetts Department of Environmental Protection (MassDEP) to implement, maintain and 

enforce each of the following National Ambient Air Quality Standards (NAAQS): 

• Ozone NAAQS promulgated by EPA on March 12, 2008; 

• Nitrogen dioxide (N02) NAAQS promulgated by EPA on January 22, 20 l O; 

• Sulfur dioxide (S02) NAAQS promulgated by EPA on June 2, 2010. 

B. A proposal to incorporate into the Massachusetts SIP, M.G.L. c. 268A, The Conflict oflnterest 

Law, As Amended by c. 93, Acts of 2011. 

I certify that: 

Notice of the public hearing on the proposed Infrastructure SIP Certifications and inclusion of the 

Conflict of Interest Law in the SIP was published on the following date in the following newspaper: 

Paper name: The Boston Globe Date: August 3, 2013 

The notice specified the date, time and place of the public hearing to be held on the proposals and the 

deadline for submittal of comments on the proposals. The notice specified the location at which the 

proposed Infrastructure SIP Certifications and the Conflict of Interest law were available for public 

inspection. A similar notice was mailed to the United States Environmental Protection Agency, to any 

affected local or pollution control agencies, and to all known potentially interested parties. These 

documents were available at the location stated in the notice when the notice was published, as well as at 

the location of the public hearing on the hearing date. 

A public hearing was held on September 6, 2013 at l 0:00 a.m. at One Winter Street, Boston, pursuant to 

the notice and in conformance with M.G .L. Chapter 30A and the provisions of 40 CFR 5 l .4(b ). No one 

appeared to offer testimony at the hearing. 

Name: Eileen Hiney, Hearing Officer 

This Information is available In alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751 . TDD# 1-866-539-7622or1-617-574-6868 

MassDEP Website: www.mass.gov/dep 

Printed on Recycled Paper