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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations support the Commonwealths efforts carrying out the SIP.
MassDEP staff and operations are funded by the Commonwealth and through EPA grants, including annual funding through CAA sections 103 and 105 to assist with the costs of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. Massachusetts also has an EPA-approved fee program under CAA
title V which is used to support title V
program elements such as permitting, monitoring, testing, inspections, and enforcement. MassDEPs budget has been consistent over the past number of years and over these years Massachusetts has been able to meet its statutory commitments under the Act.1
MassDEP also reports that There are no plans that would significantly alter these resources in the 5-year period following submission of the Certification or beyond and therefore MassDEP expects to have adequate resources to implement the SIP in the future. The full supplemental submission from MassDEP can be found in the docket for this rulemaking.
EPA explained in the DFR that Massachusetts infrastructure SIP
submission documented that its air agency, MassDEP, has the requisite authority and resources to carry out its SIP obligations. In particular, Massachusetts General Laws c. 111, sections 142A to 142N, provide MassDEP with the authority to carry out the states implementation plan. The Massachusetts SIP, as originally submitted in 1971 and subsequently amended, provides descriptions of the staffing and funding necessary to carry out the plan. In the original and supplemental submissions MassDEP has provided an adequate description of its resources to allow EPA to assess that MassDEP has adequate personnel and funding to carry out the SIP during the five years following infrastructure SIP
submission and in future years. Thus, with respect to the first issue raised by the comment, EPA finds that MassDEP
has provided an adequate description of its staffing resources and that this information, when considered together with the budget information, is sufficient for EPA to conclude that the Commonwealth has adequate personnel, funding, and authority under State law to meet its SIP obligations sufficient to justify approval of the SIP submittal for section 110a2Ei.

With respect to the second issue, the commenter expresses concern that the impacts of the ongoing COVID 19
pandemic can only result in the Commonwealth having inadequate resources to meet its SIP obligations. As explained above, MassDEP provides assurances in the infrastructure SIP
submission and supplemental document that it has adequate personnel and funding to carry out the SIP during the five years following the submission and in future years. We also note that the Massachusetts Governors 2021 budget recommendation proposes a similar level of funding for MassDEP as it has received in recent years.2 Moreover, the Commonwealth receives federal grants under CAA sections 103 and 105 to assist it in carrying out the SIP, and other funding sources include permit fees and title V fees collected by MassDEP. If the Commonwealths implementation of its SIP is substantially affected in the future by the pandemic, EPA has the statutory authority under the CAA to address such issues through means other than disapproving the infrastructure SIP
submission at this time. Based on the original SIP submission and supplemental information, EPA finds that MassDEP has provided necessary information for EPA to conclude that MassDEP has and will continue to have adequate personnel and funding to carry out the SIP. For these reasons, EPA does not agree that it must disapprove the infrastructure SIP submission for section 110a2Ei in light of the pandemic.
Also, with respect to the second issue raised, the comment also expresses concern that the Commonwealth will not have adequate enforcement abilities in light of the pandemic.
While the commenter does not identify any particular infrastructure SIP
requirement with this claim, it is possible that the commenter may be objecting to EPAs approval of the ISIP
submittal for the enforcement subelement of section 110a2C. This sub-element requires that each states SIP include a program to provide for the enforcement of the emission limits and control measures that the state air agency identified in its submission for purposes of satisfying 110a2A. In the DFR, EPA explained that the Massachusetts SIP includes such a program. In particular, EPA noted specific provisions of state law that authorize MassDEP to adopt regulations to control air pollution, to enforce such
1 https budget.digital.mass.gov/summary/fy20/
enacted/energy-and-environmental-affairs/
environmental-protection/?tab=historical-spending.

2 https budget.digital.mass.gov/govbudget/fy21/
appropriations/energy-and-environmental-affairs/
environmental-protection?tab=budget-summary.

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regulations and to assess penalties for non-compliance. EPA also highlighted state regulations currently in the SIP.
Thus, EPA explained that the SIP
includes a program to provide for the enforcement of SIP measures. EPA
acknowledges the COVID19 pandemic has the potential to impact the resources available to the state to maintain its program; however, proposed level funding for FY2021 indicates that MADEP will maintain their current program capability. EPA also notes that The Commonwealth has been a leader among all states in being proactive to address air quality concerns.
Nevertheless, if an actual resources problem were to develop, EPA has the statutory authority to address such issues through means other than disapproving the infrastructure SIP
submission at this time.
Finally, the commenter expresses concern that Massachusetts does not have adequate enforcement abilities in light of what the commenter characterizes as a blanket waiver by EPA of environmental rules. EPA does not agree that the March 2020
memorandum is a blanket waiver, 3
but in any event the memorandum applies to EPAs own enforcement activities, not a states. See EPA
Enforcement Memo at 12 Authorized states or tribes may take a different approach under their own authorities..
Therefore, it does not affect whether Massachusetts has adequate enforcement abilities and does not affect Massachusetts program to provide for the enforcement of SIP
measures. Furthermore, on August 31, 2020, EPA terminated the temporary policy described in the March 2020
memorandum. See COVID19
Implications for EPAs Enforcement and Compliance Assurance Program:
Addendum on Termination, EPA June 29, 2020. For these reasons, the March 2020 memorandum is not a reason to disapprove the Massachusetts ISIP
submittal for the enforcement subelement in section 110a2C.
For the above reasons, EPA concludes that the comment does not justify disapproving the Commonwealths infrastructure SIP submittal for the 2015
ozone NAAQS for compliance with the requirements of CAA sections 110a2C or Ei.
3 For instance, the memorandum does not apply to criminal violations, imports, or activities that are carried out under Superfund and RCRA Corrective Action enforcement instruments. EPA Enforcement Memo at 2. Moreover, the enforcement discretion set forth in the memorandum is temporary and is conditioned on regulated entities making every effort to comply with their environmental compliance obligations. Id.

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