### 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 ofEnvironmental 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 of7401 U.S.C. §211 O(a)(l) and (2), (Sections 1lO(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 lo wered the primary and secon· dary lead standards from 1 .5 micrograms per cubic meter (μg/m 3 ) to 0.15 μg/m 1 • Background · Pursuant to Sections 11 O(a)(l) and 110(a)(2) ofthe 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 ofthe standard. Ifa State determines that its existing SIP is adequate, then the State's SIP submittal may be a certification that the existing SIP contains provisions addressing all requirements of the section l 10(a)(2) infrastructure elements as applicable to the 2008 Lead NAAQS. EPA i ssued Guidance on SIP Elements Required Under Sections l I O(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 P lan Adequacy Regarding Clean AirAct Sections 1JO(a)(l) and (2) (the Ozone Certification), certifying that it met the CAA Section s 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 i s complete, with the exception ofthe PSD program. (See discussion regarding P SD in Table 1 under Section I JO(a)(2)(C) Program for enfo rcement of control measures and Section I 10(a)(2)(D) Interstate transport.)

• I n April 2008, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean AirAct Sections 11 O(a)(l) and (2)for PM2. 5 related to the 1 997 PM 2.5 NAAQS. On October 2 8 , 20 08 (73 Fed. Register 62902), EPA issued a finding that, fo r the 1997 PM2.5 NAAQS, the Massachusetts SIP is complete, with the exception of the PS D program.


### • In September 2009, MassDEP submitted a Certification of State Implementation Plan Ad equacy R egarding Clean Air A ct Sect ions I IO {a){l) and (2)/or PM 2 .5 related to the 2006 PM 2.5 24 -hour NAAQS.

• On October 16, 2012, EPA conditiona ll y app roved MassDEP's 1997 and 2006 PM2.5 NAAQS infrastru cture certificat io n s pending MassDEP's submission, b y September 20 1 3, of addi tional documentation to fulfill specific requir ements of section 110(a)(2)(A) re lated to updating th e Massachusetts Ambient Air Quality Standards and submi ssion of the Massachusetts Conflict of Interest Law as part of the SIP. Infrastructure SIP E lements T he infrastructure SIP elements required under Section 110(a)(2) and the related Massachusetts statutes and regul ations that are already part of the Massachusetts SIP for one or more NAAQS are listed in Table I. This certification for the 2008 Lead NAAQ S is based o n the same statut ory and legal authority and program eleme nts documented in the Oz o ne Cert i fication and PM 2.5 Certifications previously submitted to EP A. Additional references to regulations that refer specifica lly to lead h ave been added. Hard copies ofthe following documents were submitted as part of the December 2007 O zone Certification an d referenced in the Apri l 2008 PM2.5 Certification an d 200 9 P M2.5 Certificat io n and are incorporated by reference in th is certifica tion:

• Section II, Legal Authority, ofthe original 1 972 Massachusetts S IP for ozone. This i s a narrative description ofMassDEP's legal authority to adopt rules and regu lations to comp l y w ith the CAA. • Legal opinions that add ress CAA requirements rel ate d to s tate legal au th

ority to implement other federall y mandated a ir pollution control programs; these include: . o November 12, 19 9 3 and August 2, 1995, Massachu setts Attorney General's legal opinions regardin g T itl e V of the federal C lean Air Act and the Corrimonwealth's regulations at 3 1 0 CMR 7.00: Appendix C: Operating Permit Program; MA 2008 Lead NAAQS Infrastructure Certification, Decemb er 3, 2012 Page 2of16o November 1 8, 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 Jul y 9, 2007 MassDEP General Counsel ' s legal opinion regarding the Commonwealth ' s authority to adopt the C lean 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), MassDE P 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 i ssuance of the proposed SIP Certification for the 2008 Lead NAAQS on May 9, 2012 and h eld a public hearing on the proposed Cert ificat ion 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. • Submi ssion ofthe Massachusetts Conflict of Interest Statute

- see page 11. • In corporation 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 C ertification , December 3 , 2 012 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 limitation s 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 ofthe Executive Office and of the Department of other control incentives such as fees, m . arketable Envirorunental Protection (MassDEP).** measures permits, and auctions of emi ssions rights), as well as schedules arid timetables for M.G.L. c.111, s.142 A-N. These statutes, collect ively referred to as th e 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 ofthe atmosphere. M.G.L. c. 2 1A, s. 18. Permit applications and compliance assurance fees ; time 1 • · action schedules; regulations. Authorizes MassDEP to establish fees applicab l the regulatory programs it administers. MassDEP Regulations: 310 CMR4.00. Ti mely 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 ofMassachusetts 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 

### -

IClean Air Act SIP requirement (Each such plan (CAA) Section shall. . . )

1 The term " criteria pollutants " is defined in 3 1 0 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 u g/m3 consistent with the 1978 lead NAAQS. All MassDE P 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 an y references to the "national ambient air quality standards" in MassDEP's regulation s 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 , t o include the following definition: National Ambient Air Quali{J!, Standards fNAAQSl or Federal Ambient 

# I Air Quali{J!. Standards means the ambient air quality standards/or the criteriapollutants' adopted by the Administrator2pursuant to the Clean 

# I AirAct§ 109 (42 USC. §74 10) 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 5of16Clean Air Act (CAA) Section SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall...) The following regulations ha ve general and specific applicability to sources of lead and to so urces ofparticulate matter, which may contain lead: 310 CMR 7.01 prohib its t he creation of a condit ion of air pollution. 310 CMR 7 .02 prov i des procedures and standards for the issuance of approvals (permits) for construction of new and modified stationary sources and**establish~~** emission limitations and restricti ons for a facility or emissi on unit that req u ires approval. 310 CMR 7 .03(1 1 ) Plan Approval Exemption: Con struction Requirements

. Establishes an exem ption for lead melt pots that meet a specified particul ate matter control efficiency. 3 10 CMR 7 .05 establishes a limit for lead in used fue l oil. 3 1 0 CMR 7.07 restricts o p en 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 provis i on is inconsistent with EPA 's 1 999 policy regarding start-up, shutdown and malfunction, MassDEP i s not relying on Section 7.08(2)(h)( 8) in thi s 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 1 1O(a)(2)(C) Program for enforcement of control measures , 310 CMR 7.52 Enforcement Provis ions. 310 CMR 7.26(52)( d )(6)m

. pro hi bits t he burning of any materia l containing lead in ou tdoor h ydronic h eaters. 310 CMR 7.09. Dust, O d or, Construction, Demolition

- prohibits causi ng 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, 20 1 2 Page 6of16 

# I

'

IClean 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. IfEPA revises the significance level for lead in 40 CFR 51.166, Massachusetts will revise its threshold accordingly and incorporate any future revisions in to 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 t o 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 a ir pollution sources of emissions, any person to register**monitor ~**  compile, and analyze data on with MassDEP and pro v ide 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 Permi t 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) est ablishes 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. Th ese 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 of40 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 Certificat ion, December 3, 20 12 Page 7of16 

### I


# I i IClean 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 indu st rial sources that emit 0.5 tons or more of lead but there are no such sources in Massachusetts. EPA is req u iring 1 year of monitoring at 15 ge neral aviation airports na tionwide, including at Nantucket Memoria l 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 o f the measures described in protection. Authorizes MassDEP to issue orders enforcing air pollution control subparagraph (A), and regulation ofthe regu lations. 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 p lan 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 Admini s trative Penalties

. Authorizes MassDEP to assess pena lties for failure to comply with laws or regulations. MassDEP regulations: 310 CMR 5.00. Administrative Penalties. 310 CMR 7.02. Plan Approval and Emission Limitat ions. 310 CMR 7

.03. Plan Approval Exemption: Construct ion 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 applica ble standard or limit that occurs duri ng 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 Permi t and Compliance Program. MA 2008 Lead NAAQS Infrastructure Certification, December 3, 2012 Page 8of16 

### j



### 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 fue l oil. 310 CMR 7.08(2) establishes emissions limits for lead from Munic ipal 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 1 997 ozone and PM2.5 NAAQS Certifications, E PA found that Massachusetts fa i led 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 requir ements ofthe Clean Air Act. The Federal PSD program includes the applicability thresho ld 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 gu idance concerning analyses necessary to fulfill PSD requirements. MassDEP wi ll incorporate EPA's revised requirements into its SIP and permit modeling guidance once E PA issues them.

... "contain adequate provisions

- (i) According to EPA's Lead Infrastructure SIP gu idance, an analysis of the prohibiting, consistent with the provis ions 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 mi les of the state's border is sufficient to emissions acti vity within the State from determine whether lead emissions in the state may interfere w ith attainment or MA 2008 Lead NAAQS Infr astructure Certification , December 3, 2012 Page 9of16 I 

# IClean Air Act (CAA) Section

110(a)(2)(E) Adequate resources SIP requirement (Each such plan Corresponding Massachusetts Stat utes and Regulations shall . . .) emitting any air pollutant in amounts maintenance of the lead NAAQS in th e bordering s tate. Massac h usetts has no which wi ll

- (I) contribute significantl y to sources of lea d exceeding the 0.5 tons per year thr e s hold so no further analysis is nonattainrnent in , or fu.terfere wit h needed to demonstrate that it is not contributing to or interfering with downwind maintenance by, any other State with lead attainment or maintenance. Al l ar eas th at are downwind ofMassachusetts are respect to any such nationa J primary or attai ni ng the 2008 Lead NAAQS wit h a comfortab le margin

. secondary ambient air qual it y st and ar d , or (I I) interfere wi th measures required to be MassDEP is addressing visibility pursuant to its Regional Haze SIP, which it included in the applicable impl ementation submitt ed to EPA in August 2012. (Lead i s not c on s ider ed 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) ins urin g See disc us sion of PSD above under CAA Section JJO(a)(2)(C) Program for compliance with th e applicable; enfo rcement of control measures. requirements of sec tions 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, dutie s andfanctions. the State (or , except where the Sets fo rth the powers and duties ofMassDEP. Administrator deems inappropriate , the genera l purpose local government or Provides that in no event shall MassDE P authorize implementat ion o f any plan , governments, o r a regional agency stra tegy or technology less protective of the envir onment than required by any designated by the State or general purpose applicabl e federal statute
. local governments for such p urpose) will h ave adequate personnel, fun di n g, and M.G.L. c. 111, s. 142A-N. Provides MassDE P w i th suffic ient authority to carry authority under State (and , as appropriate , out the implementation pl an. 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 th at by any provision o f Federal or S tate law a ll departme nts, agencies, commis s ions , authorities and politica l subdivisions sha ll fro m carrying o ut s uch implementation be s ubject to rules and regu lations adopted by the department of environmental plan or portion thereof) , ( ii) requirements protection. that the State comply with the requir ement s respecting State boards MA 2008 Lead NAAQS Infrastruct ur

e Certifi c atio n , De cemb er 3 , 20 1 2 Page 10of16Clean 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 su lfur 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, o r instrumentality for the personnel have been updated in subsequent SIP submission s 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 ensur in g and funding to implement the existing SIP currently. It expects to h ave adequate adequate implementation of such plan personnel and funding for implementation during the 5-year period following provision;" submi ssion of this certification and in future years. MassDEP is the sole authority implementi ng the SIP and does not rely on local or regional governments or agencies to carry out this responsibi lity. No State board or



### - body approves air permits or enforcement orders. Heads ofExecutive 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 responsib ilities under M.G.L. c. 268A, The Conflict of Interest Law As Amended b y c.93, Acts of201 l

. MassDEP commits to submit this statute to E PA for inclusion in the Massachusetts S IP 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. 1 3. Stack Testing. emissions and emissions-related data from 3 10 CMR 7.14. Monitoring Devic es and Reports. such sources, and (iii) correl ation of such reports by the State agency with any The following additional regulations spec ifi cally address PM and/or lead emission limitations or standards 

### em1ss10ns:
MA 2008 Lead NAAQS Infrastructure Certifica tion, Decemqer 3, 2012 Page 1 1 of 16 

## I

IClean 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 ofMassDEP 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 I

:

'



### IClean 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 p l an 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 emergen cy episode plan for lead

.

. . . "provide for revision of such plan

- 

### (i) M.G.L. c. 111, s. 142A-N. These sta tutes allow MassDEP to amend its ai r from time to time as may be necessary to pollution control regulations from time to time. take account ofrevisions 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 Admini strator 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 applicab le 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 depar tments, agencies, commissions , authorities and political subdivisions shall be subject to rules and regu lations adopted by MassDEP. M.G.L. c. 30A. Massachusetts Administrative Procedures Act. Requires MA 2008 Lead NAAQS Infrastructure Certification, December 3, 20 12 Page 13of16 

# I IClean 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 visibi lity protection);"

... " provide for

- (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose ofpredicting the effect on ambient air quality of any emi ssions of any air pollutant for which the Administra tor has established a national ambient air qual ity 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 regul ations. Executive Order No. 145. Requires MassDEP to provide notice t o the Local Government Advisory Committee , through the Massachusetts Municipal Association, to solicit input on the impact ofproposed regulations on local government. Massachusetts SIP Steering Committee, establi shed pursuant t o the Clean Air Amendments of 1 990, provides for consultation with government officials and other stakeholder s 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 ofregulations.

See discussion ofPSD and visibility above under CAA Section JJO(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 Pl an 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 faci lities that have the potential to emit pollutants at prescribed thr esholds, 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 14of16Clean Air Act (CAA) Section

110(a)(2)(L) Permitting fees SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations shall

...) Ad ministra to r ;" con sider revis ing this thresho ld when EPA lowers its reporti n g thresh o ld. 310 CMR 7.13. Stack Testing. 310 CMR 7.14. Monitoring Devices and Reports. 310 CMR 7 .00: Appendix A-Emissions Offsets and Nonattainment Rev iew requires the submittal of air quality modeli ng to demonstrate the impacts of new and modified major sources. M.G

..L. c. 66 : s. 1. Public inspection and copies ofrecords; presumption; exceptions. 310 CMR 3.00. Access to and Confidentiality of Department Records and Files. Assures public access to MassDEP 's reports to the extent al lowed 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 re quired under this Act , a fee 310 CMR 4.00. Timely Action Schedule and Fee Provisions. These regulations set sufficient to cover - (i) the reasonab le permit and compliance fees, including fees for Operating Permits (CAA Title V). costs ofreviewing and acting upon any app lication fo r s u ch a permit, and (ii) if the owner or operator receives a permit for such source, the reasonab le costs of implementing and enforcing the terms and condit ions of any such permit (not including any court costs or other costs assoc iated with any enforcement action), unti l such fee requirement is s uperseded with respect to such sources by th e Admin istra tor's approval of a fee program under ti tle V ;"

MA 2008 Lead NAAQS Infrastructure Certification , December 3 , 20 I2 Page 15of16 IClean 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 ... )

. . . " pro v ide fo r consultation and M . G.L. c . 30A. Massa chu setts A dm inistrat ive P rocedures Act requires M assD EP participation by local p olitical to prov ide notice and public comment and hearin g prior to adoption of any s ubdivi s ions affected b y the plan. " regulati o ns. Executive Order No. 145 requires MassD E P to provide notice to the Local Government Advisory Committee , through the Massachusetts Municipal Assoc iation, to solicit input on the impact o f th e plan and proposed regulatio n s local government.

MA 2008 Lead NAA QS Infra s tru cture Certification , December 3 , 2 012 Pag e 16 of 16 

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