Either when a proponent applies for a permit or approval, or before MassDEP makes a final decision, the agency accepts public comment on the proposal for a specific period of time. In some cases, MassDEP also schedules a public hearing or meeting so it can provide additional project information and/or receive public feedback. Learn more below.
The information on this page is intended to help you understand how and when you can be part of the review and decision-making process. See also: MassDEP Public Hearings & Comment Opportunities
Air Plan Approvals
Permit Categories & Explanation:
A MassDEP Comprehensive Plan Approval is required prior to constructing or modifying a facility that meets permitting criteria in 310 CMR 7.02(5). The Plan Approval is intended to ensure that construction or modification of a facility will not cause or contribute to a condition of air pollution and will incorporate best available air pollution control technology.
To help ensure that Environmental Justice (EJ) populations are notified of Comprehensive Plan Applications with the potential to affect them, and are meaningfully involved in the agency review process, MassDEP requires applicants to submit draft two- to four-page Fact Sheets providing details about their proposed projects and neighboring communities.
See Additional Resources below to learn more.
| Notice/Comment | Public Hearing |
|---|---|
| 30 days | At MassDEP discretion; may be requested through Regional Office. Find Your Region |
Additional Resources
Operating Permits
Permit Categories & Explanation:
Initial Operating Permit
Operating Permit Significant Modification
Operating Permit Renewal
Title V of the federal Clean Air Act requires a facility to obtain an Operating Permit from MassDEP if it emits or has the potential to emit 100 tons or more per year of any pollutant; 50 tons or more per year of of nitrogen oxides (NOx) or volatile organic compounds (VOCs); 25 tons or more per year of a combination of hazardous air pollutants; or 10 tons or more per year of a single hazardous air pollutant. Operating Permits may also be required for specific types of facilities regardless of their emission levels. An Operating Permit compiles all of a facility’s air pollution control approvals, permits and regulatory requirements into one enforceable document. See Additional Resources below to learn more.
| Notice/Comment | Public Hearing |
|---|---|
| Between 30 & 60 days | At MassDEP discretion; may be requested through Regional Office. Find Your Region |
Additional Resources
Emission Control Plans
Permit Category & Explanation:
Emission Control Plan: VOC/NOx RACT
Certain factories, industrial boilers, power plants and coating/painting facilities that emit volatile organic compounds (VOCs) and/or nitrogen oxides (NOx) are required to submit an Emission Control Plan to MassDEP. An Emission Control Plan demonstrates how and when the facility will comply with Reasonably Available Control Technology (RACT) requirements, as defined in the regulations.
| Notice/Comment | Public Hearing |
|---|---|
| 30 days | Required for some facilities but not all, depending on conditions specified in regulations. See 7.18 & 7.19 of 310 CMR 7.00. |
Permit Category & Explanation:
Emission Control Plan: Municipal Waste Combustor
Any municipal waste combustion facility that burns more than 250 tons of solid waste per day is required to submit an Emission Control Plan to MassDEP. An Emission Control Plan specifies the federal and state limits that apply to air pollutants and toxics emitted from the facility, and demonstrates how the facility will comply with those limits.
To help ensure that Environmental Justice (EJ) populations are notified of municipal waste combustor Emission Control Plan applications with the potential to affect them, and are meaningfully involved in the agency review process, MassDEP requires applicants to submit draft two- to four-page Fact Sheets providing details about their proposed projects and neighboring communities.
| Notice/Comment | Public Hearing |
|---|---|
|
30 days on application 30 days on proposed approval |
Mandatory public hearing upon submittal of application Optional public hearing at MassDEP discretion on proposed approval |
Other Permits and Approvals
Permit Category & Explanation:
Any factory, industrial boiler, power plant or other facility that would otherwise need to obtain a MassDEP air permit or comply with a specific regulatory requirement may opt to voluntarily limit its emissions instead. Restricted Emission Status legally limits a facility’s potential emissions and its associated use of raw materials, hours of operation or production rate. See Additional Resources below to learn more.
| Notice/Comment | Public Hearing |
|---|---|
| 30 days | None. |
Permit Category & Explanation:
Creation of Emission Reduction Credits
Any facility that emits nitrogen oxides (NOx), carbon monoxide (CO) or volatile organic compounds (VOCs) is eligible to participate in the Massachusetts Emission Banking and Trading Program. By voluntarily certifying eligible emissions reductions, a facility creates Emission Reduction Credits that can be used in emission banking and trading transactions.
| Notice/Comment | Public Hearing |
|---|---|
| 30 days | Required by Appendix B(6)(d)3 of 310 CMR 7.00. |
Additional Resources
Levels of MassDEP Oversight
MassDEP regulates facilities of varying sizes and complexity in different ways:
- Large, complicated operations are required to obtain project- or site-specific permits or approvals before they can be built and/or begin operating.
- Many smaller facilities and simpler processes are subject to general permits that contain specific performance standards established by regulation.
- Other operations are required to periodically report data to MassDEP and/or certify to the agency that they are complying with the environmental requirements that apply to them.
While there are no public notice or comment periods associated with facilities subject to general permits or reporting/certification requirements, most of the documents they submit to MassDEP are available for public inspection at the agency's regional offices.