### Certification of Ma ssachusetts Compliance with Clean Air Act Section s llO (a) (l) and (2) State Implementation Plan Requirements for the 2010 Sulfur Dioxide National A mbi ent Air Quali ty Stand a rd Jun e 6, 2014 S umm ary 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 1lO(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 19 7 1. 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. B ackgro und Pursuant to Sections 11 O(a)(l) and (2) of the CAA , each State is required to submit a p lan to provide for the implementation, maintenance , and enforcement of a new ly promulgated or revised NAAQS within 3 years after its promulgation

. Section 11 O(a)(l) provides the procedural and timing requireme nts 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, program s for enforcement of contro l 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 2 010 S02 AAQS Infrastructure Certification , June 6 , 2 01 4 Page I of 2 0applicable 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) Programfor 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. Fina l MA 20 I0 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 comp lete except for the element relating to PSD, but as of May 2014 has not otherwise taken action on this submission. Infrastructure SIP E lements 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 ofthe 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 Pa ge 3 of20MassDEP 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 1lO(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 Pa ge 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 *
C lea n A ir Act SIP requirement (E ach such plan Corres ponding Massa chu setts Statutes and Regulation s ( C AA) Section shall ...) 110(a) (2)(A)

... "inc lude enfo rceabl e emission M.G.L. c. 21A , s. 8. Executive Office of Energy and Environmental Affairs Emiss ion 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 oth er control incentives such as fees, marketable Environmental Protection (MassDEP). 

## ** meas ures permits , and auctions of emissions rights) , as we ll as schedules and timetables for M.G.L. c. 111 , s. 142 A-0. These statutes , co ll ectively referred to as the comp liance

... " Massachusetts Pollution Control Laws, provide MassDEP with broad authority to prevent pollution or contamination of the atmosphere and to prescribe and establish regu lations to prevent po ll ution or undue contamination of the atmosphere

. M .G.L. c. 21 A, s. 18. Permit applications and compliance assurancefe es; timely action schedules; regulations. Authorizes Mass DEP to establish fees app licable to the regu latory programs it admi nisters. Mass DEP Regulations: 310 CMR 4.00 . Timely Action Schedule and Fee Provisions 310 CMR 6.00 . Ambient Air Quality Standardsfor the Commonwealth of Massachuse tts. 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
·cF R refers to the U.S. Code of Federal Re g ulations ; M
.G.L. refers to Massachusetts General Laws ; CM R refers to the Code of Mas sachusetts Reg ulation s. ** Mass DEP 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 Ma ssachu setts Department of Public Health

. Fina l MA 20 I0 S02 NAAQS In frastructure Certification , June 6 , 2014 Page 5 of20Clean 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 Regu lations 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. §74 10) and codified at 40 CF R 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 Contro l. 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 I0 S02 NAAQS Infrastructure Certification , June 6 , 2014 Page 6of20

### Clean Air Act (CAA) Section SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regul ations shall

...) related to minor new source review , RACT requirements, visible emissions and other administrative and technical amendments for approval and incorporatio n 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 reguirements of the Consent Order in Sierra Club v. Ja ckson, NO. 11-2180-RBW (D.D.C.). The regulations more specific to new so urce 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: Constructio n Requirements 

### 7
.05

. Fuel s 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 Contro l for Mobile Sources including Motor Vehicle Insp ection & Maintenance Program 

### M.G.L. c. 21A, s. 18, MassDEP ' s fee statute

Final MA 2 010 S02 1AAQS Infrastructure Certification , June 6 , 2014 Page 7o f20Clean 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-air

quality-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 departm ent of enforcement of the measures described in environmentalprotection. 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 of20Clean Air Act (CAA) Section of control measures SIP requirement (Each such plan Corresponding Massachusetts Statutes and Regulation s 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. Massachusett s Pollution Control Laws. Authorize s 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 Penaltie s. Authorizes MassDEP to assess penalties for fai lure to comp ly 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
. Mass achusetts doe s 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 fai led 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 S 02 NAAQ S Infrastru cture Ce rtifi cation , Jun e 6 , 2014 Page 9 of2 0 

# t

tClean 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 regulation s. 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 is sued 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 Decis ion Vacating the 2011 Cross-State Air Pollution emissions activity within the State from Rule (CSAPR) ." In that memorandum, EPA indicates that at thi s 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 CSPAR 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 Pa ge IO of20Clean Air Act (CAA) Section

110(a)(2)(E) Adequate reso urces SIP req uirement (Each such plan Correspond ing Massachusetts Statutes and Regulation s sha ll. .. ) (II) interfere with measures required to be CS APR. included in the applicab le implementation plan for any other State under part C to MassDEP is addre ssing 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 

# c pollution abatement); " There are no final findings under section 115 of the Clean Air Act again st Massachusetts with respect to the 2010 S02 standard See discussion of PSD above under CAA Section 11 O(a)(2)(C) Programfor enforcement of contro l measures.

.. . " provide (i) necessary assurances that M.G.L. c. 21 A, 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. loc al governments for such purpose) will have adequate personnel , funding , and M.G .L. c. 111, s. 142A-O. Provides MassDEP with sufficient authority to 

# c authority under State (and, as appropriate, carry 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 by any provision of Federal or State law that all departments , agencies , commissions , authorities and political from carrying out such implementatio n subdivisions shall be subject to rules and regulations adopted by the plan or portion thereof), (ii) requirements department of environmental protection. that the State comp ly 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 I0 S02 NAAQS Infrastructure Certification , June 6 , 2014 Page 11 of 20 

# -

tClean 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 device s 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 MassD EP and provide emissions information. M.G.L. other necessary steps, by owners or c. 111, 

### § 142B states: operators of stationary so urces 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 standard s 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 o f20Clean 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 andAir 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 Episode s & Emer g encies . 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 I0 S0 2 NAAQS Infrastructure C ertification , June 6 , 2014 Page 13 o f20 

# 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 addition a l in formation is gathered. Therefore, CAA section 11 O(a)(2)(I) does not part D of this subchapter (relating to non apply. atta inment 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 adoptio n of regulations

.

Final MA 20 I0 S02 NAAQS Infrastructure Certification, Jun e 6 , 20 14 Page 14 of20Clean A ir Act SIP req uirement (Each such plan C orres pondin g Massachu setts Statutes and Regulatio ns (CAA) Section shall... ) Execu tive Ord er 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. Massachu setts SIP Stee rin g Committee, estab li shed 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 ESCA UM is now th e Northeas t State s for Coordinated Air Use Management and includes the state s ofNew York and New Jersey. Fina l MA 2010 S02 NAAQS Infra structure Certification , June 6 , 2014 Pa g e 15 of20Clean 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 ofproposed 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 C ertification , June 6 , 2014 Page 16 of20Clean 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 Executi ve 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 app licable requirements of See discus sion of PSD and visibi lity above under CAA Section l JO(a)(2)(C) PSD and 

### part C (relating to prevention of Programfor enforcement of co ntrol measures. 

### With respect to visibi lity, 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 Mas sachu setts 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 mod eling/data

110 (a)(2) (L) Pe rmitting f

ees SIP requirement (Each such plan Corresponding Mass achu setts Statutes and Regulations shall ...)



### . .. " provide for

- (i) the performance of M.G.L. c. 111 , s. 142B -D. 

### These statutes give Mass DEP the authority to such air quality mode ling 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 amb ient air quality of any emissions of Mass DEP Regulation s : 

### any air pollutant for which the 310 CMR 7
.02

. Plan Approval and Emission Limitations ; 7.02(7) Mitigation Admini strator has established a national of air pollution allows Mass DEP to require mode ling analyse s . ambient air quality standard , and (ii) the 310 CMR 7 .12. Source Registration. Required of faci lities that have the submission, upo n request , of data related potential to emit pollutants at prescribed thresho lds , to such air quality modeling to the 3 10 CMR 7
. 13. Stack Testing. Administrator ;" 310 CMR 7
. 14. Monitoring Devices and Reports
. 310 CMR 7
.00 : Appendix A

- Emissions Off sets 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 Confid entiality of Department Records and Fi les . Assures publi c access to MassD EP ' 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 autho rity , as a condition of any permit required under this Act, a fee 310 CMR 4.00. 

### Tim el y A ction Sch edule and Fee Provis ions . These regu lation s suffic ient to cover - (i) the reasonable set permit and comp liance 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 2 010 S 0 2 AAQS Infrastructure Certificati o n, June 6 , 201 4 Page 18 o f 2 0

### . 

# . 

# -

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 re gions in implementing the air pro gram is discussed in detail in Section VII , Reso urces. 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 Certificatio n, Jun e 6 , 2 014 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 loc al 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 o f20 

### . 

# .