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Massachusetts: Department of Environmental Protection Adopts Final Rule Amending Air Pollution Control Regulations
| Published March 29, 2024, the Massachusetts Department of Environmental Protection has adopted a final rule amending the Air Pollution Control Regulations to require a cumulative impact analysis for certain air quality Comprehensive Plan Applications. Specifically, this action amends 310 CMR 7.00 to require a cumulative impact analysis (CIA) for air quality Comprehensive Plan Applications for facilities located in or near environmental justice (EJ) populations. The requirements apply to any party that submits a Comprehensive Plan application on or after July 1, 2024. Under 310 CMR 7.02(14), a CIA is now required for any new facility or emissions unit or for any existing facility or emission unit that plans in increase facility wide potential emissions that is within one or five miles of an EJ population, depending on whether the source will be a major source. As part of the CIA, the applicant shall: (1) provide notice of the proposed project to the appropriate environmental and EJ officials; (2) assess existing conditions in nearby EJ populations; (3) document relevant comments received from officials and representatives; (4) conduct air quality dispersion modeling and submit a modeling protocol for review; (5) characterize risk of harm to health from air toxics emissions using the risk characterization spreadsheet tool provided by the Department; (6) evaluate and describe how criteria air pollutant and air toxics emissions could affect existing environmental and public health conditions in nearby EJ populations; and (7) submit a CIA report to the Department. These requirements aim to protect EJ populations from harms of air pollution by requiring a CIA that includes public involvement, assessment of existing community conditions, and analysis of the cumulative impacts of air pollution sources. These CIA requirements can be found in a new section, 310 CMR 7.02(14). This action is effective as of March 29, 2024. |