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

Implementation Plan Requirements for the 2008 Lead National Ambient Air Quality Standard 

December 3, 2012 

Summary 

This is the certification of the Massachusetts Department of Environmental Protection (MassDEP) to the U.S. Environmental 

Protection Agency (EPA) that the existing Massachusetts State Implementation Plan (SIP) adequately meets the basic (or 

"infrastructure") requirements of 7401 U.S.C. §211 O(a)(l) and (2), (Sections 1 lO(a)(l) and (2) of the Clean Air Act (CAA)) with 

respect to the National Ambient Air Quality Standard (NAAQS) for lead promulgated by EPA on October 15, 2008 (the 2008 Lead 

NAAQS) (73 FR 66964). The 2008 Lead NAAQS lowered the primary and secon·dary lead standards from 1.5 micrograms per cubic 

meter (μg/m3

) to 0.15 μg/m1 • 

Background · 

Pursuant to Sections 11 O(a)(l) and 110(a)(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 1 lO(a)(l) 

provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic elements that all SIPs must contain 

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

adequate resources to implement the plan. For the 2008 Lead NAAQS, states are required to certify by October 15, 2011, that the 

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

maintenance and enforcement of the standard. 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 l 10(a)(2) infrastructure elements as 

applicable to the 2008 Lead NAAQS. EPA issued Guidance on SIP Elements Required Under Sections l IO(a)(l) and (2) for the 2008 Lead 

NAAQS on October 14, 2011. 

Previous Infrastructure Certifications 

MassDEP previously submitted the following infrastructure SIP certifications to EPA in connection with other new or revised 

NAAQS: 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 1 of 16 
• In December 2007, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act 

Sections 1 JO(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 in Table 

1 under Section I JO(a)(2)(C) Program for enforcement of control measures and Section I 10(a)(2)(D) Interstate transport.) 

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

11 O(a)(l) and (2) for PM2. 5 related to the 1997 PM2.5 NAAQS. On October 28, 2008 (73 Fed. Register 62902), EPA issued 

a finding that, for the 1997 PM2.5 NAAQS, the Massachusetts SIP is complete, with the exception of the PSD program. 

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

Sections I IO{a){l) and (2)/or PM2.5 related to the 2006 PM2.5 24-hour NAAQS. 

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

pending MassDEP's submission, by September 2013, of additional documentation to fulfill specific requirements 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. 

Infrastructure SIP Elements 

The infrastructure SIP elements required under Section 110(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 I. This certification for the 2008 Lead NAAQS is 

based on the same statutory and legal authority and program elements documented in the Ozone Certification and PM 2.5 

Certifications previously submitted to EPA. Additional references to regulations that refer specifically to lead have been added. 

Hard copies of the following documents were submitted as part of the December 2007 Ozone Certification and referenced in the April 

2008 PM2.5 Certification and 2009 PM2.5 Certification and are incorporated by reference in this certification: 

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

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

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

pollution control programs; these include: . 

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

Clean Air Act and the Corrimonwealth's regulations at 310 CMR 7.00: Appendix C: Operating Permit Program; 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 2of16 
o November 18, 1998 Massachusetts Attorney General's Supplemental Legal Opinion Regarding Section 129 of the Clean 

Air Act and the Commonwealth's Regulation at 310 CMR 7.08(2), the Municipal Waste Combustor Regulations; 

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

Mercury Rule State Plan and accompanying regulations, 3 10 CMR 7 .29 and 310 CMR 7. 02. 

Certification 

Pursuant to Section l lO(a)(l), MassDEP has reviewed its existing SIP and the statutory authority and regulations ref~renced in Table 

l, 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 IO(a)(2) infrastructure elements as applicable to the 

2008 Lead NAAQS and adequately provides for the implementation, maintenance and enforcement of the 2008 Lead NAAQS. 

Public Hearing 

MassDEP published notice of issuance of the proposed SIP Certification for the 2008 Lead NAAQS on May 9, 2012 and held a public 

hearing on the proposed Certification on June 12, 2012. A hearing officer's certification is included with this submission. The only 

comments submitted were from EPA. MassDEP's responses to EPA's comments are incorporated in the Final Certification as 

follows: 

• Comment concerning updating ofMassDEP regulations to be consistent with the revised NAAQS - see page 5. 

• Submission of the Massachusetts Conflict of Interest Statute - see page 11. 

• Incorporation of future revisions to the significant monitoring concentration for lead and the current "significance" threshold 

for lead increases. This was already addressed in the proposed Certification at page 8, as EPA's comment notes. 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 3of16 
Table 1 

Massachusetts Statutory Authority and Regulations Meeting Clean Air Act 

Section llO(a)(l) and (2) SIP requirements for 2008 Lead 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 forth 

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

other control incentives such as fees, m.arketable Envirorunental Protection (MassDEP).** 

measures permits, and auctions of emissions rights), 

as well as schedules arid timetables for M.G.L. c.111, s.142 A-N. 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; time1•· 

action schedules; regulations. Authorizes MassDEP to establish fees applicabl 

the regulatory programs it administers. 

MassDEP Regulations: 

310 CMR4.00. Timely Action & Fee Schedule Regulations 

'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. 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 4of16 

-

I 
Clean Air Act SIP requirement (Each such plan 

(CAA) Section shall ... ) 

1 The term "criteria pollutants" is defined in 3 10 CMR 7.00. 

2 The term "Administrator'' is defined in 3·10 CMR 7.00. 

Corresponding Massachusetts Statutes and Regulations 

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

Massachusetts. 310 CMR 6.04 sets a state lead standard of 1.5 ug/m3 consistent 

with the 1978 lead NAAQS. All MassDEP regulations that require compliance 

with an ambient air quality standard require compliance with the NAAQS. 

In comments submitted on proposed Certifications for the PM2.5 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 

MassDEP commits to propose revisions 310 CMR 7.00, Air Pollution Control, to 

include the following definition: 

National Ambient Air Quali{J!, Standards fNAAQSl or Federal Ambient 

Air Quali{J!. Standards means the ambient air quality standards/or the I 

criteria pollutants' adopted by the Administrator2 pursuant to the Clean I Air Act§ 109 (42 USC. §7410) and codified at 40 CFR Part 50 as in 

I effect [date of promulgation]. 

MassDEP intends to submit this regulatory revision to EPA for approval as part of I 

the Massachusetts' SIP prior to September 2013. 

1 

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. 

I 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 5of16 
Clean Air Act 

(CAA) Section 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

The following regulations have general and specific applicability to sources of lead 

and to sources of particulate matter, which may contain lead: 

310 CMR 7.01 prohibits the creation of a condition of air pollution. 

310 CMR 7 .02 provides procedures and standards for the issuance of approvals 

(permits) for construction of new and modified stationary sources and establish~~ 

emission limitations and restrictions for a facility or emission unit that requires 

approval. 

310 CMR 7 .03(1 1) Plan Approval Exemption: Construction Requirements. 

Establishes an exemption for lead melt pots that meet a specified particulate matter 

control efficiency. 

3 10 CMR 7 .05 establishes a limit for lead in used fuel oil. 

310 CMR 7.07 restricts open burning. 

310 CMR 7.08(2) establishes emissions limits for lead from Municipal Waste 

Combustors. Section 7.08(2)(h)(8) addresses recordkeeping requirements related 

to each occurrence of a start-up, shut-down or malfunction. If, and to the extent 

that, this provision is inconsistent with EPA's 1999 policy regarding start-up, 

shutdown and malfunction, MassDEP is not relying on Section 7.08(2)(h)(8) in 

this certification. MassDEP will amend its regulations to address revised 

requirements related to start-up, shutdown and malfunction when EPA 

promulgates them. 

See additional discussion regarding start-up, shut-down or malfunction under 

Section 11 O(a)(2)(C) Program for enforcement of control measures, 310 CMR 7.52 

Enforcement Provisions. 

310 CMR 7.26(52)(d)(6)m. prohibits the burning of any material containing lead 

in outdoor hydronic heaters. 

310 CMR 7.09. Dust, Odor, Construction, Demolition - prohibits causing a 

condition of air pollution. 

310 CMR 7 .54. Large Combustion EmissiOn Units - cites 0.6 tons of lead per year 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 6of16 

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Clean Air Act 

(CAA) Section 

110(a)(2)(B) 

Ambient Air 

quality 

monitoring/ 

data system 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

as a significant emission rate threshold. If EPA revises the significance level for 

lead in 40 CFR 51.166, Massachusetts will revise its threshold accordingly and 

incorporate any future revisions into its regulations and SIP. 

310 CMR 60.00. Air Pollution Control for Mobile Sources. 

... "provide for establishment and M.G.L. c. 111, s. 1428-D . . Gives MassDEP the authority to maintain and operate 

operation of appropriate devices, methods, air sampling stations and devices, and to require, for the purpose of conducting a 

systems, and procedures necessary to (i) continuing inventory of air pollution sources of emissions, any person to register 

monitor~ compile, and analyze data on 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 C. Operating Permit Program. 

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

The following additional regulations specifically address lead emissions: 

310 CMR 7.05 establishes a limit for lead in used fuel oil. 

310 CMR 7.08(2) establishes emissions limits for le.ad from Municipal Waste 

Combustors. 

310 CMR 7.26(52)(d)(6)m. prohibits the burning of any material containing lead 

in outdoor hydronic heaters 

MassDEP collects and reports ambient air quality data for lead 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. 

Inl980, MassDEP submitted to EPA pursuant to 40 CFR § 52.370 (13), 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 August, 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 7of16 

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I 

i 

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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 ... ) 

2011. 

MassDEP operates three lead monitors, two in Boston and one in Springfield. EPA 

requires lead monitoring near industrial sources that emit 0.5 tons or more of lead 

but there are no such sources in Massachusetts. EPA is requiring 1 year of 

monitoring at 15 general aviation airports nationwide, including at Nantucket 

Memorial Airport. MassDEP plans to operate collocated TSP lead samplers at 

Nantucket Memorial Airport starting in January 2012 . 

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

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

subparagraph (A), and regulation of the regulations. 

modification and construction of any 

stationary source within the areas covered M.G.L. c. 111, s. 142A-N. Massachusetts Pollution Control Laws. Authorizes 

by the plan as necessary to assure that MassDEP to adopt regulations to control pollution or contamination of the 

national ambient air quality standards are atmosphere, and enforce such regulations and issue penalties. 

achieved, including a permit program as 

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: 

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 lead from 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 this 

regulation prevent MassDEP from enforcing any violation of an applicable 

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

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

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

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 8of16 

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I 

I 

I 

I 
Clean Air Act 

(CAA) Section 

110(a)(2)(D) 

Interstate 

transport 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

The following additional regulations specifically address lead emissions: 

310 CMR 7 .05 establishes a limit for lead in used fuel oil. 

310 CMR 7.08(2) establishes emissions limits for lead from Municipal Waste 

Combustors. 

310 CMR 7.26(52)(d)(6)m. prohibits the burning of any material containing lead 

in outdoor hydronic heaters 

Massachusetts currently do.es not have a PSD program regulation. For the 1997 

ozone and PM2.5 NAAQS Certifications, EPA found that Massachusetts failed to 

submit a SIP addressing Section 11 O(a)(2)(C) (the Paii C PSD permit program), 

but that this requirement has already been addressed in a Federal Implementation 

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

additional FIP obligation. 

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

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

between MassDEP and EPA and the requirements of the Clean Air Act. 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. MassDEP plans to propose a 

PSD regulation in 2012. 

EPA has not yet proposed amendments to the PSD regulations relating to the 

2008 Lead NAAQS or issued modeling guidance concerning analyses necessary to 

fulfill PSD requirements. MassDEP will incorporate EPA's revised requirements 

into its SIP and permit modeling guidance once EPA issues them. 

... "contain adequate provisions - (i) According to EPA's Lead Infrastructure SIP guidance, an analysis of the 

prohibiting, consistent with the provisions impacts oflead sources with annual emissions of0.5 tons (1,000 pounds) or 

of this title, any source or other type of greater that are located within two miles of the state's border is sufficient to 

emissions activity within the State from determine whether lead emissions in the state may interfere with attainment or 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 9of16 

I 

I 
Clean Air Act 

(CAA) Section 

110(a)(2)(E) 

Adequate 

resources 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

emitting any air pollutant in amounts maintenance of the lead NAAQS in the bordering state. Massachusetts has no 

which will - (I) contribute significantly to sources of lead exceeding the 0.5 tons per year threshold so no further analysis is 

nonattainrnent in, or fu.terfere with needed to demonstrate that it is not contributing to or interfering with downwind 

maintenance by, any other State with lead attainment or maintenance. All areas that are downwind of Massachusetts are 

respect to any such nationaJ primary or attaining the 2008 Lead NAAQS with a comfortable margin. 

secondary ambient air quality standard, or 

(II) interfere with measures required to be MassDEP is addressing visibility pursuant to its Regional Haze SIP, which it 

included in the applicable implementation submitted to EPA in August 2012. (Lead is not considered to be a visibilityplan for any other State under part C to impairing pollutant.) 

prevent significant deterioration of air 

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

compliance with the applicable; enforcement of control measures. 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement);" 

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

the State (or, except where the 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 of any plan, 

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

designated by the State or general purpose applicable federal statute. 

local governments for such purpose) will 

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

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

local) law to carry out such 

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

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

from carrying out such implementation be subject to rules and regulations adopted by the department of environmental 

plan or portion thereof), (ii) requirements protection. 

that the State comply with the 

requirements respecting State boards 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 10of16 
Clean Air Act 

(CAA) Section 

110(a)(2)(FJ 

Stationary 

source 

emissions 

monitoring 

and reporting 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

under section 128, and (iii) necessary The first Massachusetts SIP submitted in 1971 to address NAAQS for oxides of 

assurances that, where the State has relied sulfur and particulate matter provided assurances of adequate personnel and 

on a local or regional government, funding to carry out implementation of that SIP. The commitments to funding and 

agency, or instrumentality for the personnel have been updated in subsequent SIP submissions related to PM and 

implementation of any plan provision, the ozone and in the 1984 Massachusetts Lead SIP. MassDEP has adequate personnel 

State has responsibility for ensuring and funding to implement the existing SIP currently. It expects to have adequate 

adequate implementation of such plan personnel and funding for implementation during the 5-year period following 

provision;" submission of this certification and in future years. 

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 

\Yith 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 commits to submit this 

statute to EPA for inclusion in the Massachusetts SIP prior to September 2013 . 

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

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

maintenance, and replacement of continuing inventory of air pollution sources of emissions, any person to register 

equipment, and the implementation of with MassDEP and provide emissions information. 

other necessary steps, by owners or 

operators of stationary sources to monitor MassDEP Regulations: 

emissions from such sources, (ii) periodic 310 CMR 7 .12. Source Registration. 

reports on the nature and amounts of 310 CMR 7.13. Stack Testing. 

emissions and emissions-related data from 310 CMR 7.14. Monitoring Devices and Reports. 

such sources, and (iii) correlation of such 

reports by the State agency with any The following additional regulations specifically address PM and/or lead 

emission limitations or standards em1ss10ns: 

MA 2008 Lead NAAQS Infrastructure Certification, Decemqer 3, 2012 

Page 11 of 16 

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Clean Air Act 

(CAA) Section 

110(a)(2)(G) 

Emergency 

power 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

established pursuant to this Act, which 310 CMR 7 .05 establishes a limit for lead in used fuel oil. 

reports shall be available at reasonable 310 CMR 7.08(2) esta.blishes emissions limits for lead from Municipal Waste 

times for public inspection;" Combustors. 

310 CMR 7.26(52)(d)(6)m. prohibits the burning of any material containing lead 

in outdoor hydronic heaters 

M.G.L. c. 66: Section 1. Public inspection and copies of records; presumptio 

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. 

... "provide for authority comparable to M.G.L. C.111, s. 2B-C. Air Pollution Emergencies. Authorizes the 

that in section 303 and adequate Commissioner of MassDEP to determine that a condition or impending condition 

contingency plans to implement such of the atmosphere in the Commonwealth constitutes a present or reasonably 

authority;" 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. The Prevention and/or 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 anu 

procedures for state emergency episode plans established by EPA in 40 CFR Part 

51.150. However, EPA has not issued regulations or guidance to the ·states 

concerning significant harm levels and procedures for state emergency episodes 

for the 2008 Lead NAAQS. 

MassDEP has concluded that the general emergency powers specified by M.G.L. 

C.111, s. 2B-C are sufficient to address any lead-related air pollution episodes and 

no specific emergency episode plans for lead are necessary. Furthermore, episode 

olans are unlikely to be required for Massachusetts once EPA issues guidance or 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 12of16 

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I 
Clean Air Act 

(CAA) Section 

110(a)(2)(H) 

Future SIP 

revisions 

110(a)(2)(J} 

Consultation 

with 

government 

officials 

SIP requirement (Each such plan Corresponding Massachusetts Statutes a!ld Regulations 

shall ... ) 

regulations. The requirement for a state to submit an emergency episode plan is 

based on a priority region classification in 40 CFR 51.152( c ), which provides that 

areas classified as Priority ill do not need to develop episode plans. EPA has 

historically identified Priority III areas as those with ambient levels that do not 

exceed a certain value. Based on its ambient lead levels, Massachusetts would be 

classified as a Priority III region and thus not required to develop an emergency 

episode plan for lead . 

. . . "provide for revision of such plan - (i) M.G.L. c. 111, s. 142A-N. These statutes allow MassDEP to amend its air 

from time to time as may be necessary to pollution control regulations from time to time. 

take account of revisions of such national 

primary or secondary ambient air quality 

standard or the availability of improved or 

more exp~ditious methods of attaining 

such standard, and (ii) except as provided 

in paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the Administrator 

that the plan is substantially inadequate to 

att~ the national ambient air quality 

standard which it implements or to 

otherwise comply with any additional 

requirements established under this Act;" 

. . . "meet the applicable requirements of M.G.L. c. 21A, s. 8. Organization of departments; powers, duties and functions . 

section 121 (relating to consultation) 

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

all departments, agencies, commissions, authorities and political subdivisions shall 

be subject to rules and regulations adopted by MassDEP. 

M.G.L. c. 30A. Massachusetts Administrative Procedures Act. Requires 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 13of16 

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Clean Air Act 

(CAA) Section 

110(a)(2)(J) 

Public 

notification 

110(a)(2)(J) 

PSD and 

visibility 

Protection 

110(a)(2)(K) 

Air quality 

modeling/data 

SIP requirement (Each such plan 

shall ... ) 

... "meet the applicable requirements of 

section 127 (relating to public 

notification), 

... "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 

Corresponding Massachusetts Statutes and Regulations 

MassDEP to provide notice and public comment and hearing prior to adoption of J 

regulations. 

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

Government Advisory Committee, through the Massachusetts Municipal 

Association, to solicit input on the impact of proposed regulations on local 

government. 

Massachusetts SIP Steering Committee, established pursuant to the Clean Air 

Amendments of 1990, provides for consultation with government officials and 

other stakeholders interested in air quality issues. 

M.G.L. c. 30A Massachusetts Administrative Procedures Act. Requires MassDEP 

to provide notice and public comment and hearing prior to adoption of regulations. 

See discussion of PSD and visibility above under CAA Section J JO(a)(2)(C) 

Program for enforcement of control measures. J 

I 

M.G.L. c. 111, s. 142B-D. These statutes give MassDEP the authority to maintt ... a ~ and operate air sampling stations and devices and to require any person to register 

with MassDEP and provide emissions information, 

MassDEP Regulations: j 

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, which for lead is greater than 5 tons per 

year. This matches the current federal reporting threshold for lead. MassDEP will 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 14of16 
Clean Air Act 

(CAA) Section 

110(a)(2)(L) 

Permitting 

fees 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

Administrator;" consider revising this threshold when EPA lowers its reporting threshold. 

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. 

... "require the owner or operator of each M.G.L. c.21A, s.18. This statute authorizes MassDEP to promulgate regulations 

major stationary source to pay to the establishing fees. 

permitting authority, as a condition of any 

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

sufficient to cover - (i) the reasonable permit and compliance fees, including fees for Operating Permits (CAA Title V). 

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;" 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 20 I 2 

Page 15of16 

I 
Clean Air Act 

(CAA) Section 

110(a)(2)(M) 

Consultation/ 

Participation 

by affected 

local entities 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

... "provide for consultation and M.G.L. c. 30A. Massachusetts Administrative Procedures Act requires MassDEP 

participation by local political to provide notice and public comment and hearing prior to adoption of any 

subdivisions affected by the plan." regulations. 

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

Government Advisory Committee, through the Massachusetts Municipal 

Association, to solicit input on the impact of the plan and proposed regulations 

local government. 

MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 

Page 16 of 16 

I