Commonwealth 1v1assachusetts Executive Office of Energy & Env i ronmental Affairs 

# Department of Environmental P r otect ion One Winter Street Boston, MA 02108•617 -292 -5500
DEVAL L PATR ICK Governor RICH A RD K
. SULLI VAN 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: O AVI O W CAS H Commissi one r

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 AirAct 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 PM2 5 Infrastructure SIP Certifications contingent on our taking the following actions: 1) revising the definition , in 310 CMR 7 .00 , ofthe 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 Mass D EP Website : www . mass .gov/dep Printed on Recycled Pape rH . 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, N0 2 and S0 2 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 ofthe 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. 

### Ifyou 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 1DEVAL L PATRICK Governor Commonwealth Massachusetts Executive Office of Energy & Env i ronmenta l Affa i rs 

# Department of Environmental Protection One W i nte r Street Boston , MA 02108 • 617 -292 -5500 RICHARD K
. SULLIVAN JR. Secretary DAVID W. CASH

Commiss ioner HEARING OFFICER'S CERTIFICATION Related to the public review process for : A. Proposed Certifications of State Implementation Plan (SIP) Adequacy Regarding Clean AirAct Sections 1JO(a)(J) and (2) ( " Infrastructure SIP Certifications " ) to demonstrate the ability of the Massachusetts Department ofEnvironmental Protection (MassDEP) to implement, maintain and enforce each ofthe 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 ofthe public hearing on the proposed Infrastructure SIP Certifications and inclusion ofthe Conflict ofInterest 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 ofthe public hearing to be held on the proposals and the deadline for submittal ofcomments on the proposals. The notice specified the location at which the proposed Infrastructure SIP Certifications and the Conflict ofInterest 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 ofthe 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 of40 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