Authorities: 42 U.S.C. §§ 7401 et seq.: Clean Air Act; M.G.L. 111, §§ 142A-142J: Massachusetts Clean Air Act; 310 CMR 7.00: Air Pollution Control.

Jurisdiction: State and national air quality.

Applicability: Any construction, reconstruction, or alteration of a project that has the potential to cause or contribute to a condition of air pollution.

Regulatory Summary: The federal Clean Air Act charges the U.S. Environmental Protection Agency (EPA) with setting limits on the amount of a pollutant that can be in the air anywhere in the United States. As much of the implementation of the Clean Air Act is accomplished by the states, each state must prepare an implementation plan for approval by EPA. The Massachusetts Air Program has been developed in conformance with the federal Clean Air Act and its amendments and is administered by the Department of Environmental Protection (MassDEP). MassDEP must give a pre-construction operating permit for any large, stationary source of air pollution.

Review Process: Based on the amount of emission and category of emission source, an applicant may seek a Limited Plan approval, a Non-major Comprehensive Plan approval, or a Major Comprehensive Plan approval from DEP. An applicant must submit two copies of the appropriate application forms, signed by a licensed Professional Engineer, to the local MassDEP regional office. The content of the application and the review time lines are dependent on the amount and type of emission. Reviews may take from 150 to 440 days and may include a public comment period. Approved plans are in effect until the permitted project is reconstructed or altered.

Forms: BWP AQ 01, 02, 03 - Plan Approvals at www.mass.gov/dep/air/approvals/aqforms.htm#airpapp.

Fees: Limited Plan Approval - $300.00, Non-major Comprehensive Plan Approval - $1,100, Major Comprehensive Plan Approval - $11,250.

Website: www.mass.gov/dep/air/index.htm.

Contacts:
  MassDEP Northeast Regional Office (978) 661- 7600.

  MassDEP Southeast Regional Office (508) 946-2700.

  MassDEP Central Regional Office (508) 792-7650.

  MassDEP Western Regional Office (413) 784-1100.