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

Implementation Plan Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard 

June 6, 2014 

Summary 

This is the Final Certification of Massachusetts Infrastructure State Implementation Plan (SIP) (Infrastructure SIP Certification) of the 

Massachusetts Department of Environmental Protection (MassDEP) to the U.S. Environmental Protection Agency (EPA) that the 

existing Massachusetts State Implementation Plan adequately meets the basic (or "infrastructure") requirements of 42 U.S.C. § 

7410(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 sulfur dioxide promulgated by EPA on June 2, 20 10 (the 2010 S02 NAAQS). The 2010 S02 NAAQS 

established a new S02 standard of 75 parts per billion (ppb) measured hourly to replace the two separate S02 standards of 140 ppb 

measured over 24-hours and 30 ppb measured annually that were adopted in 1971. The six existing Massachusetts S02 monitors 

show concentrations below the 1-hour 75 ppb standard based on 2009-2011 monitored data. On February 7, 2013, EPA notified states 

and tribes with areas that violate the 2010 S02 NAAQS based on 2009-2011 monitored data ofEPA's intent to issue non-attainment 

designation for those areas. Massachusetts did not receive such a notification from EPA. Rather, on February 7, 2013, EPA notified 

Massachusetts that it is deferring action to designate Massachusetts and other areas pending collection of additional data pursuant to 

EPA's updated 2010 S02 NAAQS implementation strategy, which has not been finalized. On May 21, 2013, EPA made available for 

comment, two draft documents that provide technical advice to states on the use of modeling and monitoring to determine if an area 

meets the 2010 S02 NAAQS. EPA plans to finalize these documents after receiving public comment on them. 

Background 

Pursuant to Sections 11 O(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 11 O(a)(l) 

provides the procedural and timing requirements for SIPs. Section 11 O(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 2010 S02 NAAQS, states are required to certify by June 3, 2013 that the state SIP 

contains the basic (or "infrastructure") elements that wil l 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 110( a)(2) infrastructure elements as 

Fi nal MA 2010 S02 AAQS Infrastructure Certification, June 6, 201 4 

Page I of 20 
applicable to the 2010 S02 NAAQS. MassDEP has reviewed its existing SIP and believes that its current SIP adequately provides 

for the implementation, maintenance and enforcement of the S02 NAAQS. Therefore, MassDEP is submitting this Infrastructure SIP 

Certification that it meets the section 11 O(a)(2) infrastructure elements related to the 2010 S02 NAAQS. 

In September 2013, EPA issued non-binding Guidance on Infrastructure State Implementation Plan Elements .under Clean Air Act 

Sections l lO(a)(l) and l 10(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 I JO(a)(I) and (2) (the Ozone Certification), certifying that it met the CAA Sections l 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 11 O(a)(2)(D) Interstate transport.) 

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

I IO(a)(J) 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 JO(a)(I) and (2)for 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 SIP 

Certifications pending MassDEP' s submission, by September 2013 , of: 1) additional documentation to fulfill specific 

requirements of section 11 O(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 ofinterest Law with this Infrastructure SIP 

Certification for S02 and will submit revisions to 310 CMR 7.00, including the amended definition ofNAAQS, as soon as 

the final revisions have been promulgated. 

Final MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 2 of20 
• On December 3, 2012, MassDEP submitted a Certification of State Implementation Plan Adequacy Regarding Clean Air Act 

Sections 11 O(a)(l) and (2) for Lead related to the 2008 lead NAAQS along with a commitment to fulfill specific 

requirements of section 110( a)(2)(A) by September 2013 related to: 1) updating the Massachusetts Ambient Air Quality 

Standards, and 2) submission of the Massachusetts Conflict oflnterest 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 11 O(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 2010 

S02 NAAQS is based on the same statutory and legal authority and program elements documented in the Infrastructure SIP 

Certifications listed above submitted previously to EPA. 

Copies of the following documents submitted as part of the December 2007 Ozone SIP 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 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; 

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, 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 of Interest Law, M.G.L. c. 268A, as Amended by c. 93, Acts of2011, in order to satisfy CAA Section 110(a)(2)(E)(ii), which 

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

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 3 of20 
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 1 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 contains provisions addressing all requirements of the Section 110(a)(2) infrastructure elements as applicable to the 

2010 S02 NAAQS and adequately provides for the implementation, maintenance and enforcement of the NAAQS. 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 20!4 

Page 4 of20 
Table 1 

Massachusetts Statutory Authority and Regulations Meeting Clean Air Act 

Section llO(a)(l) and (2) SIP requirements for 2010 S02 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 fe es; 

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 annual standard for S02 but it has not been amended to include the 

2010 I-hour S02 NAAQS. Regardless of the standards in 310 CMR 6.04, all 

·cFR refers to the U.S. Code of Federal Regulations; M.G.L. refers to Massachusetts General Laws; CM R 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. 

Fina l MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 5 of20 
Clean Air Act SIP requirement (Each such plan 

(CAA) Section shall ... ) 

1 The term "criteria pollutants" is defined in 310 CMR 7.00. 2 The tenn "Administrator" is defined in 310 CMR 7.00. 

Corresponding Massachusetts Statutes and Regulations 

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 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 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 quality 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}. 

MassDEP intends to promulgate this revision to 310 CMR 7.00 as soon as 

possible and to 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. 

MassDEP previously submitted to EPA its air pollution control regulations 

Final MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 6of20 
Clean Air Act 

(CAA) Section 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

related to minor new source 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 reg uirements 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 S02 are 

found in 310 CMR: 

7.01. Condition of Air Pollution 

7.02. Plan Approval and Emission Limitations 

7.03. Plan Approval Exemption: Construction Requirements 

7.05. Fuels All Districts 

7.08. Incinerators 

7.26. Industry Performance Standards 

7.29. Emission Standards for Power Plants 

7.38. Metro Boston Tmmel Ventilation System Certification 

7.40. Low Emission Vehicle Program 

7.45. Massachusetts Green Fleet Programs 

Appendix A: Emissions Offsets & Non-Attainment Review 

Appendix C: Operating Permit 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 

Final MA 2010 S02 1AAQS Infrastructure Certification, June 6, 2014 

Page 7of20 
Clean Air Act 

(CAA) Section 

110( a )(2)(B) 

Ambient Air 

quality 

monitoring/ 

data system 

110(a)(2)(C) 

Program for 

enforcement 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

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 Nonattainrnent Review. 

310 CMR 7.00: Appendix C. Operating Permit Program. 

MassDEP collects and reports ambient air quality data for 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. 

In 1980, MassDEP submitted to EPA pursuant to 40 CFR § 40 CFR 

52. l 120(c)(36), 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 2013. 

http://www.mass.gov/eea/agencies/massdep/air/reports/annual-ambient-airquality-monitoring-network-plan.html#4 

MassDEP operates six S02 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 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 8 of20 
Clean Air Act 

(CAA) Section 

of control 

measures 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

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-O. Massachusetts Pollution Control Laws. Authorizes 

national ambient air quality standards are MassDEP to adopt regulations to control pollution or contamination of the 

achieved, including 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: 

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 7.05. Fuels All Districts 

310 CMR 7.08. Incinerators 

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 

startup, shutdown or malfunction at a facility. 

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

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 11 O(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 

Final MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 9 of20 

t 

t 
Clean Air Act 

(CAA) Section 

110(a)(2)(D) 

Interstate 

transport 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

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. 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 issued a memorandum entitled "Guidance Concerning the 

implementation of the 1-hour S02 NAAQS for the Prevention of Significant 

Deterioration Program" dated August 23, 2010. In that Guidance, EPA 

recommends an interim 1-hour S02 significant impact level and addresses the 

continued use of the existing S02 Significant Emissions Rate and Significant 

Monitoring Concentration. MassDEP intends to consider this non-binding 

guidance, as well as other guidance EPA publishes, in its review of PSD 

permit applications . 

. . . "contain adequate provisions - (i) In a November 19, 2012, EPA issued a memorandum entitled "Next Steps for 

prohibiting, consistent with the provisions Pending Re-designation Requests and State Implementation Actions Affected 

of this title, any source or other type of by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution 

emissions activity within the State from Rule (CSAPR)." In that memorandum, EPA indicates that at this time, it does 

emitting any air pollutant in amounts not plan to make findings with respect to Clean Air Act (CAA) section 

which will - (I) contribute significantly to 110(a)(2)(D)(i)(I). On April 29, 2014, the Supreme Court of the United States 

nonattainment in, or interfere with upheld EPA's adoption of CSAPR and remanded the case back to the D.C. 

maintenance by, any other State with Circuit Court of Appeals. Massachusetts will address this requirement once 

respect to any such national primary or EPA provides guidance on how it intends to proceed with CSP AR and how 

secondary ambient air quality standard, or states should satisfy this requirement in light of the court decision upholding 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 20 14 

Page IO of20 
Clean Air Act 

(CAA) Section 

110(a)(2)(E) 

Adequate 

resources 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall. .. ) 

(II) interfere with measures required to be CS APR. 

included in the applicable implementation 

plan for any other State under part C to MassDEP is addressing visibility pursuant to its Regional Haze SIP, which 

prevent significant deterioration of air EPA approved effective October 21, 2013. 

quality or to protect visibility, (ii) insuring 

compliance with the applicable; No source or sources within Massachus~tts are the subject of an active finding 

requirements of sections 126 and 115 under section 126 of the Clean Air Act with respect to the 2010 S02 standard. 

(relating to interstate and international 

pollution abatement);" There are no final findings under section 115 of the Clean Air Act against c 

Massachusetts with respect to the 2010 S02 standard 

See discussion of PSD above under CAA Section 11 O(a)(2)(C) Program for 

enforcement of control measures. 

.. . "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 implementation plan. c 

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 subject 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 paiiiculate matter provided assurances of adequate personnel and 

Fina l MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 11 of 20 

-

t 
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 ... ) 

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 currently has 

implementation of any plan provision, the adequate personnel and funding to implement the existing SIP. 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 Infrastructure SIP Certification and in 

provision;" 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 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 ofinterest L~w As Amended by c. 93, Acts of 2011. 

MassDEP submitted a copy of this statute with the Infrastructure SIP 

Certification for inclusion in the Massachusetts SIP. 

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

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

maintenance, and replacement of conducting a continuing inventory of air pollution sources of emissions, any 

equipment, and the implementation of person to register with MassDEP and provide emissions information. M.G.L. 

other necessary steps, by owners or c. 111, § 142B states: 

operators of stationary sources to monitor "Notwithstanding the provisions of any law to the contrary, any information, 

emissions from such sources, (ii) periodic record, or particular part thereof, other than emission data submitted to the 

reports on the nature and amounts of department pursuant to this section, shall, upon request, be kept confidential 

emissions and emissions-related data from and not considered to be a public record ... " 

such sources, and (iii) correlation of such 

reports by the State agency with any MassDEP Regulations: 

emission limitations or standards 310 CMR 7.12. Source Registration. 

established pursuant to this Act, which 310 CMR 7.13. Stack Testing. 

Final MA 2010 S02 AAQS Infrastructure Certification, June 6, 20 14 

Page 12 of20 
Clean Air Act 

(CAA) Section 

110(a)(2)(G) 

Emergency 

power 

110(a)(2)(H) 

Future SIP 

revisions 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

reports shall be available at reasonable 310 CMR 7.14. Monitoring Devices and Reports. 

times for public inspection;" 

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. 

... "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 

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

authority;" 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 

and procedures for state emergency episode plans 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 . 

. . . "provide for revision of such plan - (i) M.G.L. c. 111, s. 142A-0. 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. 

Final MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 13 of20 

c ~ 

c ~ 
Clean Air Act 

(CAA) Section 

110(a)(2)(1) 

Nonattainment 

area plans 

110(a)(2)(J) 

Consultation 

with 

government 

officials 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

standard or the availability of improved or Section 142A: "The department of environmental protection, referred to in this 

more expeditious methods of attaining section and in sections one hundred and forty-two B through one hundred and 

such standard, and (ii) except as provided forty-two M, inclusive, as the department may from time to time adopt 

in paragraph (3)(C), whenever the regulations, pursuant to this section and sections one hundred and forty-two B 

Administrator finds on the basis of through one hundred and forty-two M, inclusive, to prevent pollution or 

information available to the Administrator contamination of the atmosphere." 

that the plan is substantially inadequate to 

attain the national ambient air quality Section 142D: "From time to time the department shall review the ambient air 

standard which it implements or to quality standards and plan for implementation, maintenance and attainment of 

otherwise comply with any additional such standards adopted pursuant to this section and, after public hearings, shall 

requirements established under this Act;" amend such standards and implementation plan so as to minimize the 

economic cost of such standards and plan 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 In its February 7, 2013 letter, EPA notified Massachusetts that it is not yet prepared to 

for an area designated as a nonattainment propose designation action in Massachusetts and is deferring such action until 

area, meet the applicable requirements of additional information is gathered. Therefore, CAA section 11 O(a)(2)(I) does not 

part D of this subchapter (relating to non apply. 

attainment areas)." 

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

section 121 (relating to consultation) functions. 

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 

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

of regulations. 

Final MA 20 I 0 S02 NAAQS Infrastructure Certification, June 6, 20 14 

Page 14 of20 
Clean Air Act SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

(CAA) Section shall...) 

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. 

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. 

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 consult 

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 

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 

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

Fina l MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 15 of20 
Clean Air Act 

(CAA) Section 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

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 

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 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 16 of20 
Clean Air Act SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

(CAA) Section shall ... ) 

MassDEP as the lead agency for stationary and area sources and the lead for 

programs 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. For 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. 

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] on 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 

primary ambient air quality standard is EPA's AIRNOW program which notifies the public of air quality through 

exceeded or was exceeded during any EPA' s website, alerts and press releases. 

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." 

110(a)(2)(J) ... "meet the applicable requirements of See discussion of PSD and visibility above under CAA Section l JO(a)(2)(C) 

PSD and part C (relating to prevention of Program for enforcement of control measures. With respect to visibility, this 

visibility significant deterioration of air quality and element does not need to be addressed pursuant to EPA' s I-SIP guidance, 

Protection visibility protection);" which states that there are no new visibility protection requirements as a result 

of a revised NAAQS. 

4 The EOTC is now the Massachusetts Department of Transportation. 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 17 of20 

~ 

~ 
Clean Air Act 

(CAA) Section 

110(a)(2)(K) 

Air quality 

modeling/data 

110(a)(2)(L) 

Permitting 

fees 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

... "provide for - (i) the performance of M.G.L. c. 111, s. 142B-D. These statutes give MassDEP the authority to 

such air quality modeling as the maintain and operate air sampling stations and devices and to require any 

Administrator may prescribe for the person to register with MassDEP and provide emissions information, 

purpose of predicting the effect on 

ambient air quality of any emissions of MassDEP Regulations: 

any air pollutant for which the 310 CMR 7.02. Plan Approval and Emission Limitations; 7.02(7) Mitigation 

Administrator has established a national of air pollution allows MassDEP to require modeling analyses. 

ambient air quality standard, and (ii) the 310 CMR 7 .12. Source Registration. Required of facilities that have the 

submission, upon request, of data related potential to emit pollutants at prescribed thresholds, 

to such air quality modeling to the 310 CMR 7.13. Stack Testing. 

Administrator;" 310 CMR 7.14. Monitoring Devices and Reports. 

310 CMR 7.00: Appendix A - Emissions Offsets and Nonattainrnent 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 

major stationary source to pay to the regulations 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 

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

costs of reviewing and acting upon any Title V). 

application for such a permit, and (ii) if 

the owner or operator receives a permit 

for such source, the reasonable costs of 

Final MA 2010 S0 2 AAQS Infrastructure Certification, June 6, 201 4 

Page 18 of 20 
. . -

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 ... ) 

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;" 

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

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

subdivisions affected by the plan." of any regulations. 

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. 

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 C 

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. 

Final MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 19of20 

~ 
Clean Air Act 

(CAA) Section 

SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulations 

shall ... ) 

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 

Steering Committee: local and regional governmental entities, business and 

industry, and environmental groups and academia. The Committee provides a 

forum for consultation and participation 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. 

Fina l MA 2010 S02 NAAQS Infrastructure Certification, June 6, 2014 

Page 20 of20 

. .