The Environmental Protection Agency (EPA) has proposed to approve certain elements of the State Implementation Plan (SIP) submissions from the Massachusetts Department of Environmental Protection (MassDEP) that address Infrastructure SIP requirements of the Clean Air Act (CAA), sections 110(a)(1) and 110(a)(2).  These requirements apply to the 1997 ozone, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS).

The EPA is also proposing to conditionally approve three aspects of the Massachusetts' submittals related to emission limits and other control measures, emergency power, and portions of the state's Prevention of Significant Deterioration (PSD) program.  Additionally, the EPA is proposing a finding of failure to submit pertaining to certain PSD requirements of the infrastructure SIPs.  The finding of failure relates to the fact that the MassDEP does not have a federally approved PSD program, but instead operates under a Federal Implementation Plan (FIP).  However, the EPA believes that operating under the PSD FIP, in addition to the state's federally approved Nonattainment New Source Review (NNSR) SIP, will allow Massachusetts to meet its attainment obligations.  Therefore, the finding of failure does not trigger any sanctions or additional obligations.

The details of the proposed actions can be found on the Federal Register.

As required, Massachusetts has already provided reasonable notice and opportunity for a public hearing for all infrastructure SIP submissions.  The EPA is currently requesting public comments on the proposed approvals and findings of failure related to the MassDEP's SIP submission.  Comments must be received on or before August 19, 2016.  Submit your comments, identified by Docket ID Number EPA–R01–OAR–2014–0720, at http://www.regulations.gov, or via email.  For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit EPA's website.