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Massachusetts Department of Environmental Protection

Program Plan/

Performance Partnership Agreement Work Plan

Federal Fiscal Year 2014

FINAL October , 2013

Massachusetts Department of Environmental Protection and the

U.S. Environmental Protection Agency

New England – Region I

This document is the FFY 2014 Performance Partnership Agreement (PPA) between the Massachusetts Department of Environmental Protection (MassDEP) and

the United States Environmental Protection Agency (EPA) - Region I. It is also MassDEP’s Annual Program Plan and Workplan under the PPA for Federal

Fiscal Year 2014 (10/1/13 –9/30/14).

The Program Plan/PPA Work plan outlines the commitments that MassDEP has made to EPA Region I for FFY14 under the second year of the 2013-2015

MassDEP-US EPA Region I Environmental Performance Partnership Agreement (PPA). These commitments are organized according to the EPA’s goals and

objectives for FFY14. The FFY 2013-2015 PPA may be found at http://www.mass.gov/dep/about/priorities/ppahome.htm

This final FFY2014 Work Plan is an agreement resulting from negotiations between various parties from MassDEP and EPA Region I over the summer and early

fall of 2013. The Work Plan consists of MassDEP’s Areas of Strategic Focus for FFY2014, as well as the FFY14 priorities of the Massachusetts Executive

Office of Energy and Environmental Affairs (EEA) and collaboration priorities of the Northeastern States Environmental Commissioners; Highlights of

MassDEP’s FFY14 Strategic Priorities, MassDEP’s FFY14 PPA Grant Commitments; and the FFY14 Projected PPA Budget. A confidential plan showing PPA

inspection commitments is included for MassDEP and EPA personnel only.

Martin Suuberg Date Ken Moraff Date

Deputy Commissioner for Policy and Planning Acting Director, Office of Ecosystem Protection

Massachusetts Department of Environmental Protection US Environmental Protection Agency – Region I

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

signature and date on original

Massachusetts Department of Environmental Protection

Program Plan/Performance Partnership Agreement Work Plan FFY2014

Table of Contents

Introduction……………………………………………………….……………………………………………1

MassDEP’s Strategic Focus for 2014...…………………….……………………………………………..……2

Web link for MassDEP’s 3-Year Strategic Priorities…………………………………………………………..6

Areas of Strategic Focus from the Executive

Office of Energy and Environmental Affairs (EEA) ……………………………………………..……………7

Collaboration Priorities of the Northeastern

States Environmental Commissioners ……….………………………………………………....……………... 7

Highlights of MassDEP’s 1 Year Strategic Priorities, Core Functions,

Initiatives and Activities (FFY14)

Goal 1: Taking Action on Climate Change and Improving Air Quality …………………………….....8

Goal 2: Protecting America’s Waters ……………………………………………………………..…..11

Goal 3: Cleaning Up Communities and Advancing Sustainable Development……………………….13

Goal 4: Ensuring the Safety of Chemicals and Preventing Pollution………………………………….15

Goal 5: Enforcing Environmental Laws……………………………………………………………….17

Goal 6: Cross-Cutting Issues: Including Energy Efficiency and Renewable Energy, Evaluation,

Reporting and Quality Assurance……………………………………………………………..19

Quality Assurance Management Program………………………………………………………………….....20

Reporting Requirements……………………………………………………………………………………....20

Priorities & Commitments List…………………….………..(Attachment A)

FFY14 Projected Budget…………………………….……...(Attachment B)

Confidential Inspection Plan………………………………...(Attachment C)

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

Massachusetts Department of Environmental

Protection

Program Plan/Performance Partnership

Agreement FFY2014

Introduction

This document is the Massachusetts Department of Environmental

Protection’s (MassDEP’s) Program Plan for Federal Fiscal Year 2014

(10/1/13 – 9/30/14). It is also the annual work plan under Performance

Partnership Agreement (PPA) between MassDEP and the United States

Environmental Protection Agency (EPA) for Federal Fiscal Year 2014.

This combined MassDEP Program Plan and MassDEP-EPA PPA Work

plan includes discussion of programmatic priorities and also provides a

statement of the goals, objectives, and activities that will be the framework

for MassDEP’s program-specific work for FFY14.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

MassDEP’s Strategic Focus for 2014

MassDEP’s mission is to protect and enhance the Commonwealth’s natural

resources – air, water, land – and to provide for the health, safety, welfare

and enjoyment of the people and the protection of their property. We do

this through a broad variety of programs and activities – all of which are

vitally important.

MassDEP’s major strategic initiatives for FFY14 will include the following:

1. Regulatory Reform: Since 2011, MassDEP has been working on a

broad Regulatory Reform Initiative. In coordination with business,

municipal and environmental stakeholders, the agency has been

working to weed out unnecessary or obsolete regulations, further

lightening the regulatory burden on businesses and helping to promote

job growth. The main goal of these reforms was to boost efficiency so

that MassDEP could maintain high standards of environmental

protection despite resource constraints, and ready the agency for an

increase in permitting activity as the state’s economy rebounded from

the recession. Another important goal was to lighten the regulatory

burden on business without lowering environmental protection

standards. MassDEP’s Regulatory Reform Initiative also fulfills the

requirement in the 2010 Act Relative to Economic Development

Reorganization for all Massachusetts state agencies to review existing

regulations for efficiency improvements. Since launching the initiative,

MassDEP has worked closely with external stakeholders to flesh out

the regulatory and policy details and develop regulatory proposals

necessary to implement these reforms – a total of 16 regulation

packages. These reforms will lighten the regulatory burden on industry

and promote jobs and economic development without compromising

the Commonwealth's strict environmental and public-health protection

standards. The private sector will also see significant savings.

MassDEP estimates that the changes in our hazardous waste site

cleanup program alone will save businesses and municipalities

approximately $1.4 million a year. The regulations to implement these

reforms went out for public comment in early 2013. MassDEP will be

proposing final revised regulations in the fall of 2013. Once

implemented, these reforms will save hundreds of hours of

administrative time per year for MassDEP and allow the agency to

focus on the most pressing environmental challenges, such as

identifying and remedying the sources of pollution of urban waterways,

tapping into the hidden energy value of food waste through the process

of anaerobic digestion, and implementing the Governor’s goal of

reducing greenhouse gas emissions by 25 percent by 2020. These

reforms will create economic growth; reduce the regulatory burden for

businesses; and save significant time and expense for the private sector

without compromising the Commonwealth’s strict environmental

protection standards.

2. Information Technology (IT) Transformation: The Department’s

current IT systems and capabilities are woefully outdated and “siloed.”

These challenges seriously hamper MassDEP’s ability to fulfill its

critical mission of protecting public health and the Commonwealth’s

natural resources. In 2012, the Executive Office of Energy &

Environmental Affairs and MassDEP launched a major initiative to

transform the outdated information technology (IT) systems across all

environmental and energy agencies. This initiative is called the Energy

& Environmental Information and Public Access System” or EIPAS.

The goals of EIPAS include having paperless, on-line permitting fully

in place in three years, making it easy for citizens and business to get

vital environmental information online 24/7 about the environmental

conditions in their neighborhoods, and greatly enhancing our

enforcement capabilities by taking advantage of new technologies, such

as remote sensors. The IT transformation at MassDEP will serve as a

pilot for expanding these systems and services to our sister agencies

within the EEA Secretariat. MassDEP and EEA have been laying the

groundwork needed to secure the substantial multi-year capital funding

needed to for the design and implementation of this massive overhaul.

The target is to obtain the funds late in the calendar year of 2013 in

order to begin system design work in calendar 2014.

3. Advancing Clean Energy through the MassDEP-Mass DOER

Clean Energy Results Program (CERP): The Clean Energy Results

Program (CERP) is a major, innovative initiative with goals for

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

creating sources of renewable energy and encouraging energy-efficient

development. This is a joint initiative of MassDEP and the

Massachusetts Department of Energy Resources (DOER) and will

further encourage the development of clean-energy projects in

Massachusetts by focusing the scientific expertise of MassDEP and

DOER in an effort to streamline the technical and regulatory barriers,

as well as improving the siting and permitting processes related to these

projects. Through this program, the Commonwealth will increase

technical assistance and establish clear and predictable permitting

pathways for renewable energy. Under CERP, MassDEP will continue

to harness its expertise to bolster energy efficiency and renewable

energy and will expand activities to:

 Encourage dramatic expansion of recycling/conversion of

organics to renewable energy (via anaerobic digestion) with

the goal of diverting 450,000 tons per year of organic material

from landfills and incinerators by 2020 and increasing energy

production from aerobic and anaerobic digestion to 50

megawatts (from under 10mw today).

 Achieve by 2020, 50 megawatts of new solar photovoltaic on

underutilized contaminated land (landfills and Brownfields),

helping meet the Renewable Energy Portfolio Standard (RPS)

Solar Carve-Out target of 400 megawatts of solar photovoltaic

(PV), and creating green jobs and tax revenue benefitting

Massachusetts communities.

 Expand energy management programs for Wastewater and

Drinking Water Plants with goal of achieving zero-net energy

at 20 percent of drinking water and wastewater treatment

facilities (74 facilities) by 2020.

 Ensure safe siting and use of renewable energy sources (wind,

solar, Anaerobic Digesters, sustainable biomass, etc.), which

includes significant efforts to assess potential health impacts

from wind turbine noise and then making any resulting

adjustments to policy or regulation.

 Provide assistance & support for siting renewable energy

projects via the Clean Energy Support Teams.

 Promote energy efficiency at sites and facilities that MassDEP

regulates.

4. Climate Protection - Energy/Greenhouse Gas Reductions &

Climate Change Adaptation

In close coordination with our sister agencies, MassDEP will continues

to implement and maintain programs that target significant reductions

in Greenhouse Gas (GHG) emissions, boost energy efficiency and

renewable sources of energy, and expand green jobs in Massachusetts.

Additionally, we have a remarkable opportunity to continue to play a

leading role in shaping national climate policy. Major activities

include:

a. Participation in the Regional Greenhouse Gas Initiative (RGGI):

a cooperative effort by nine Northeast and Mid-Atlantic states to

reduce emissions of carbon dioxide through a market-based,

multi-state cap-and-trade program. Each year the 9 states

cooperate in auctioning emissions allowances and invest the

proceeds in energy efficiency, renewable energy and other clean

energy techniques. The greenhouse gas reduction efforts in

RGGI are working for Massachusetts’ residents and businesses,

and we will continue to support this important program. In 2013,

Massachusetts and the other RGGI states reached agreement to

reduce carbon dioxide emissions from power plants by 90

million tons over the next six years. Each state has agreed to

seek the necessary changes to its laws or regulations to

implement the agreement by early 2014.

b. Implementation of the Massachusetts Global Warming Solutions,

Green Communities, and Clean Energy Biofuels Acts: MassDEP,

along with the MA Executive Office of Energy & Environmental

Affairs (EEA) and the MA Department of Energy Resources

(DOER), will continue to implement these important pieces of

legislation. Some of our activities include: implementing a

mandatory greenhouse gas (GHG) reporting program; moving

towards the 2020 GHG reduction target of 25% below 1990

emission levels; participating in the statewide stakeholder

Advisory Committee and Subcommittees developing metrics and

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

plans to meet the 2020 reduction goal; and working with 10 other c. Stormwater Management: U.S. EPA expects to issue general

states on a framework for a Low Carbon Fuel Standard program. stormwater permits to cities and towns covering approximately

c. Climate Change Adaptation / Resilience: MassDEP has been

working with stakeholders on a number of efforts to help the

two-thirds of the geographic area of the state. These permits

require significant municipal efforts to manage stormwater. Cities

Commonwealth be prepared for the impacts of global climate and towns will need MassDEP's assistance and collaboration as

change (e.g. sea level rise, increased storm intensity, etc.). Efforts they comply with these new requirements.

in 2014 will include: considering changes to the regulations for d. Protecting and Ensuring Public Access to the Waterfront via c.91,

the Massachusetts Public Waterfront Act (c.91) and the Wetlands including assessment of improvements to the facilities of public

Protection Act; helping assess and reduce vulnerabilities at

wastewater and drinking water treatment plants; and improving

accommodation requirements on new developments: The

Commonwealth's primary tool for protection and promotion of

MassDEP’s disaster response capabilities. public use of its tidelands and other waterways is Massachusetts

General Law Chapter 91, the waterways licensing program, which

5. Enhanced Water Resource Management Strategy: regulates activities on both coastal and inland waterways,

a. Sustainable Water Management Initiative: The Sustainable Water including construction, dredging and filling in tidelands, great

Management Initiative (SWMI) is a key initiative that we plan to

finalize by the middle of 2014, and to then to fully implement in

ponds and certain rivers and streams. In 2013 and 2014, MassDEP

will continue working with a stakeholder group that will examine

the following years. We will continue working with water our “facilities of public accommodation” (FPA) rules under the

suppliers and environmental stakeholders to balance water supply Chapter 91 waterfront regulations. The purpose of this group is to

needs for human use, with the protections needed for the habitat assess the results of FPA rules and provide recommendations on

and the natural resources. Balancing these needs will be modifications to the rules to better activate the waterfront and

accomplished by a new framework which includes a definition for encourage its use and enjoyment by the public. In 2013 and 2014,

“safe yield” and “stream flow criteria.” Using the final framework MassDEP will be seeking broader public engagement and

document and the results of the completed-pilot programs in four comment on regulatory revisions to FPA requirements, which will

communities, we will work to draft new, science-based revisions to then be implemented in following years.

the regulations by the end of 2013. The regulations will embody e. Continuing to Protect Wetland Resources: Wetlands resources are

the structure of the framework document and take account of the

practical implementation experience-gained from the pilots.

critical contributors to quality of life. Every year, MassDEP and

our local Conservation Commission partners review thousands of

b. Southeastern Massachusetts and Cape Cod Nitrogen Issues: applications from developers, homeowners, and other parties who

Nitrogen pollution is a critical issue in the bays and estuaries of want to conduct work in or near wetlands. In order to most

southeastern Massachusetts and Cape Cod. MassDEP has effectively deploy the significant agency resources currently spent

committed substantial resources to develop a solid scientific on Wetlands Protection Act (WPA) permitting, DEP will prioritize

understanding of the causes of the problem and to developing total

maximum daily loads (TMDLs) which will assist in plans for

a variety of wetland program activities as part of the agency’s

Regulatory Reform Initiative, including immediate issuance of file

achieving needed load reductions. In 2013, MassDEP awarded a numbers; increased focus on Superseding Orders of Condition; and

$3.35M grant to the Cape Cod Commission to prepare a regional increased prioritization based on the significance of wetlands

plan to address nitrogen. MassDEP is providing oversight of this resource impacts. This will reduce agency time spent on less

plan, which is due May 2014.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

environmentally beneficial tasks and will reduce delays for project

proponents and Conservation Commissions.

f. Implement New Underground Storage Tank Program: The

Underground Storage Tank (UST) Program is a major component

of the Massachusetts groundwater resource protection effort, and

also a key federal grant commitment. To protect the environment

from leaking underground chemical and petroleum products from

storage tanks, MassDEP will fully implement federal requirements

addressing registration and inspection of UST systems used to

store petroleum fuels or hazardous substances.

6. New Underground Storage Tank Program and Gasoline Vapor

Recovery (Stage I/II) Changes: The Underground Storage Tank

(UST) Program is a major component of the Massachusetts’ efforts to

protect public health and groundwater resources, and it is also a key

federal grant commitment. To protect the environment from leaking

underground chemical and petroleum products from storage tanks,

MassDEP will fully implement federal requirements addressing

registration and inspection of UST systems used to store petroleum

fuels or hazardous substances. MassDEP is also revising the

requirements for gasoline vapor recovery (“Stage I/II”) at fueling

stations as well, to reflect that the majority of vehicles on the road now

have built-in vapor recovery mechanisms. Therefore, MassDEP will

eliminate the requirement for vapor controls at the pump for most gas

stations, and will increase vapor recovery requirements for the largest

fuel dispensing facilities to account for any slight increase in emissions

resulting from the rule change.

7. Improved Management of Organic Wastes, including Renewable

Energy and other Beneficial Uses: Massachusetts is implementing a

nation-leading program to convert a solid waste problem into a clean

energy solution. Through a combination of regulatory mandates,

financial assistance, and the state leading by example, Massachusetts is

poised to divert 450,000 tons/year of organic waste that would

otherwise be burned in incinerators or buried in landfills. Instead, this

material will go to composting facilities, or even better to anaerobic

digestion facilities which create a clean biogas that can be used for

electricity and heat. This initiative will lower greenhouse gases, boost

the state’s renewable energy production, and create jobs in a new

sustainable industry. Massachusetts’ goal is to quadruple the diversion

of organic material from disposal in landfills and incinerators from the

current level (100,000 tons per year diverted) to 450,000 tons per year

by 2020. Once diverted from the trash, much of this organic material

will go to anaerobic digesters, an emerging technology that generates

renewable biogas and creates beneficial byproducts (for animal

bedding, compost, and fertilizer) while reducing the potential of

nuisance odors. The Commonwealth also has a goal to have three

anaerobic digestion facilities on state land and multiple private facilities

either operating in active permitting in 2014, and to increase energy

production from aerobic and anaerobic digestion to 50 megawatts (375

GWh/y) by 2020. To achieve these goals, MassDEP has developed and

is implementing a multi-pronged strategic Organics Action Plan. The

Massachusetts Organics Action Plan includes initiatives that are

collecting and analyzing data, building a robust and efficient collection

and diversion infrastructure, establishing increased processing capacity

and markets, and improving the Commonwealth’s regulatory

framework for managing organic materials that have been diverted

from waste and for harvesting clean power and other beneficial uses

from this material. Key components of this effort include: established

regulations designed to foster safe siting of facilities that beneficially

reuse source-separated organics including anaerobic digestion;

proposing a ban on disposal of organic material in waste by large

commercial generators that will preserve dwindling landfill capacity as

well as create a valuable feedstock for anaerobic digestion; proactively

siting three anaerobic digestion (AD) facilities on state lands (including

using food waste generated at a university and two prisons to create

lower-cost clean energy that can be used on site) ; providing technical

and financial assistance for waste management and diversion to large

commercial generators of organic waste; and making low-interest loan

funds available to construct AD operations, building a strong market

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

for this technology in Massachusetts. A central component of this

strategy is the proposed waste ban, which would apply to any business

or institution that disposes more than 1 ton of organic material per

week. MassDEP expects this ban to increase recycling by 350,000 tons

of organic waste each year, capturing valuable materials for renewable

energy generation and soil enrichment, generating jobs and economic

development in Massachusetts, and supporting improved materials

management at farms and wastewater treatment plants. A draft waste

ban regulation went out for public comment in July 2013, and

MassDEP has proposed to have the ban take effect in summer 2014.

8. Compliance Assurance: Despite more than a decade of budget

reductions, MassDEP continues to place priority on maintaining

compliance and enforcement activities. Ultimately, the credibility and

effectiveness of any environmental program depends upon our success

in ensuring compliance with our protective environmental standards.

MassDEP employs a comprehensive compliance assurance strategy that

promotes environmental compliance through compliance assessment

activities, enforcement, technical assistance, and public education. We

are proud that Massachusetts’ regulated community generally has high

rates of compliance. However, to ensure that we maintain and improve

compliance rates and environmental performance, we must strategically

utilize and integrate all these compliance assurance tools.

In FY14, MassDEP will strive to:

 Set priorities for our limited resources based on relative risk,

requiring increased reliance on assessment of environmental

monitoring and performance data for particular sectors. And, in

cooperation with EPA Region 1, increase inspections of “minor”

facilities and reduce the inspections of major facilities whose

environmental compliance record is proven and strong.

 Establish performance measures linked to environmental

objectives and compliance rates. These are an integral component

of initiatives’ design, operation and evaluation—we cannot rely

solely on traditional enforcement output measures.

 Design strategies that streamline the compliance assurance process

by placing increased responsibility on the regulated community to

self-identify and correct violations, and promote environmental

stewardship and sustainable practices.

 Provide technical assistance, outreach and education to targeted

segments of the regulated community, with continued focus on

providing assistance to our municipalities.

 Enhance our information management systems and better utilize

technology to make our compliance and enforcement efforts more

efficient and effective.

 When violations are discovered, take consistent, appropriate and

timely enforcement action to:

o Deter non-compliance and ensure a level playing field by

making non-compliance substantially more costly than

compliance;

o Require violators to cease actions impacting the

environment or public health, and to restore impacted

environmental resources; and

o Capitalize on opportunities to induce the regulated

community to permanently reduce pollution and adopt

environmental management systems, and establish best

management practices.

MassDEP’s 3-Year Strategic Priorities

For information on MassDEP’s 3-Year Strategic Priorities (FFY2013-

2015), please refer to the FFY13-2015 MassDEP Program

Plan/Performance Partnership Agreement Work Plan at

http://www.mass.gov/eea/agencies/massdep/about/programs/agency-wide-

program-plans-and-reports.html

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

FFY14 Priorities for MassDEP from the Massachusetts

Executive Office of Energy and Environmental Affairs

In addition to the strategic priorities set by MassDEP for the upcoming year,

the Executive Office of Energy and Environmental Affairs (EEA) also

establishes and/or endorses cross-cutting priorities for MassDEP and the

other EEA agencies. The Executive Office’s priorities for MassDEP in

FFY2014 include:

 Major Information Technology (IT) Redesign & Upgrade: Secure

from the Commonwealth’s Information Technology Division

capital funding for the multi-year IT redesign (called the “Energy

& Environmental Information and Public Access System”

[EIPAS]), and then begin system design once funding is in place.

 Regulatory Reform: Finalize and implement regulatory and

outlined in MassDEP’s 2012 Action Plan for Regulatory Reform.

These reforms include expanded utilization of regulatory tools like

general permits and self-certifications. MassDEP’s changes

satisfy the regulatory reform mandate required of all state agencies

under the Economic Development Reorganization Act of 2010 and

they will substantially streamline processes, enhance efficiency,

and align workload with resources.

 Clean Energy and Climate Protection: Continue Global Warming

Solutions Act (GWSA) implementation, continue progress on the

Regional Greenhouse Gas Initiative (RGGI), and continue

implementation of the Clean Energy Results Program (CERP) to

encourage and facilitate clean energy (including siting of pilot

anaerobic digester facilities on state lands; expanding energy

management programs for wastewater and drinking water

treatment plants; and re-evaluating air guidelines for noise from

wind turbines).

 Solid Waste: Finalize regulations that will ban commercial

organics from disposal in order to divert those materials from the

disposal stream in order to save landfill capacity and put this

material to beneficial uses such as harvesting beneficial energy via

anaerobic digestion, and then launch implementation of associated

programs.

 Clean Air: Continue to focus on priority air pollution issues,

including striving to meet the national standard for ozone, as well

as focus on regional haze and fine particulate matter.

 Water Resources: Using the completed Water Management Act

municipal pilot projects, implement the Safe Yield and Streamflow

Criteria framework through regulatory changes consistent with the

Commonwealth’s Sustainable Water Management Initiative;

 Brownfields: Continued implementation of the Commonwealth’s

multi-agency “Brownfields Support Teams (BST),” including

continued progress on the latest round of BST sites that were

announced in the fall of 2012.

FFY14 Collaboration Priorities of the Northeastern States

Environmental Commissioners:

In addition to MassDEP’s strategic priorities, and the annual priorities for

the agency from EEA, there are priority areas where the seven northeastern

state environmental commissioners hope to collaborate each year.

MassDEP Commissioner Kimmell collaborates with the other northeastern

state environmental commissioners where such joint efforts will help

advance the region's highest environmental priorities. The key opportunities

for commissioner collaboration for FFY14 will include:

 Federal Funding for States: Continue to urge Congress and the

President to increase, or at least maintain, environmental program

grant dollars for states, in light of the primary implementation role

played by states (95% of the inspections, permitting and

enforcement for federally-delegated programs is carried out by the

states), and given the on-going state budget challenges. This

includes advocating for significant new air (105 grant) funding to

be in place before EPA institutes their proposed new national air

grant allocation formula slated to begin in FFY14, and before EPA

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

implements an increase in state match requirements for federally-

funded ambient air monitoring activities.

 Improving State and EPA Practices: The northeastern state

commissioners will work together with EPA Region I to share best

practices for managing environmental programs under current

budget constraints, including joint efforts with EPA Region I on

establishing priorities for federally-funded state activities in this

era of shrinking federal dollars; pursuit of more flexibility from

EPA to utilize alternative compliance strategies for federally-

funded compliance assurance work; leveraging of best-practices in

use of Information Technology; and sharing lessons learned on

agency process improvements (including those developed by states

via “Lean” process improvement efforts).

 Regional Collaboration on Solid Waste Management Activities:

The northeastern states will continue to work together to share data

and mutually advance state initiatives in areas including striving

for regional processing capabilities for organic wastes (including

anaerobic digestion capacity), sharing of strategies and lessons-

learned for extended producer responsibility (EPR) approaches,

and collaborating on approaches to managing mildly-contaminated

soils as well as construction & demolition (C&D) debris.

 Piloting a Regional Outreach Campaign on Environmentally-

Responsible Turf Fertilizer Practices: Under the leadership of the

New Hampshire DES and NEIWPCC, the northeastern states are

jointly developing an outreach campaign to promote

environmentally-responsible use of turf fertilizers by the

residential and commercial sector.

 Formally Launching the Congressional Caucus on Northeast States

Natural Resource Issues: The northeastern state environmental

commissioners will continue to support formal establishment of the

recently-proposed congressional caucus on environmental issues in

the northeastern states. The caucus will provide a forum to easily

communicate priority issues to Congress and to facilitate

congressional action. NEIWPCC continues to take the lead on this

effort for the northeastern states, and NEIWPCC will continue to

collaborate with its sister associations the Northeast Waste

Management Officials Association (NEWMOA) and the Northeast

States for Coordinated Air Use Management (NESCAUM).

The environmental commissioners of the northeastern states, as well as

other state personnel and the northeastern environmental interstate

associations, are following up on a number of these collaboration areas

through on-going efforts and communications channels.

Highlights of MassDEP’s 1 Year Strategic Priorities, Core

Functions, Initiatives and Activities (FFY14):

The agency’s priority activities for the year are, for purposes of this PPA

Workplan, grouped into EPA’s organizing goals: 1) Taking Action on

Climate Change and Improving Air Quality; 2) Protecting America’s

Waters; 3) Cleaning up Communities and Advancing Sustainable

Development; 4) Ensuring the Safety of Chemicals and Preventing

Pollution; and 5) Enforcing Environmental Laws. For the PPA Workplan,

MassDEP has added a sixth goal of Cross-Cutting Issues: Including Energy

Efficiency and Renewable Energy, Evaluation, Reporting and Quality

Assurance.

The year’s priority activities are highlighted below.

Goal 1: Taking Action on Climate Change and Improving Air

Quality

Climate Protection

 Regional Greenhouse Gas Initiative (RGGI):

o Power plant compliance oversight on GHG requirements in

310 CMR 7.70;

o Adopt revised RGGI regulations consistent with RGGI

program review;

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

o Continue to review and approve applications for auction

participants, certify auctions; oversee work of contractor

conducting auctions;

o Assist in allocating RGGI auction funds and participate in

RGGI strategic communication efforts to publicize use of

RGGI funds.

 EPA Final Tailoring Regulations: Finalize DEP’s Title V permit

regulations to include GHG thresholds.

 The Climate Registry (TCR): Continue to participate in voluntary

reporting of GHG emissions for agency.

 MA Global Warming Solutions Act:

o Implement regulations mandating GHG emission reporting

(310 CMR 7.71) including contracting with The Climate

Registry (TCR) to implement the reporting system;

o Support the 2020 Clean Energy Climate plan by

promulgating regulations limiting Sulfur hexafluoride (SF6)

emissions by December 2013 and proposing regulations

limiting releases of refrigerants by December 2014

o Support EEA’s activities in its assessment of climate change

adaptation strategies.

 MEPA GHG Policy: Continue to help implement EEA's policy for

reporting and mitigating GHG emissions from large projects subject to

the Massachusetts Environmental Policy Act (MEPA); finalize a

guidance document for developers, consultants, and agency reviewers.

 Participate in the Zero Emission Vehicle (ZEV) Task force to

implement the provisions of the multi-state ZEVMOU to advance the

deployment of electric vehicles.

 Regional Clean Fuel Standard (CFS): In conjunction with NESCAUM

and 10 other states, pursue development of a regional CFS pursuant to

the Clean Energy Biofuels Act.

 Transportation Climate Initiative (TCI): Work with 10 other states and

DC to develop regional plans/policies to reduce GHG emissions from

the transportation sector.

 Continue to work with the Mass Department of Transportation

(MassDOT) on the GreenDOT initiative: Assist MassDOT with plan to

evaluate GHG emissions in transportation planning process to achieve

MassDOT GHG reduction targets in the Clean Energy and Climate

Plan.

 Biomass Certifications for Renewable Portfolio Standards: Continue to

work with DOER, the lead for RPS regulations.

 Implement rideshare reporting program, including evaluation of

program improvements under MassDEP’s Regulatory Reform Initative.

 Participate on ISO committee (s) to advise on decisions that might

adversely affect air quality or GHG.

 Continue implementation of efforts to assist Municipal Wastewater and

Drinking Water Treatment Plants to reduce their energy use, in

collaboration with partners: EEA, EPA Region 1, Clean Energy Center,

DOER and energy utilities. This will include assisting wastewater and

drinking water facilities moving forward with projects financed by

State Revolving Fund (SRF) Green Infrastructure funds; DOER Green

Community grants and other funding sources collaborating with EPA

on outreach and training on efficiency and renewable generation in new

and upgraded plant designs; and implementing creative financing plans

for energy related improvements for these plants.

 Facilitate clean energy development through expedited permitting.

Ambient Air Quality Protection

 NAAQS: Continue actions to remain in, or achieve, attainment with

National Ambient Air Quality Standards (NAAQS), with particular

attention to ozone - the only national standards that one county (Dukes)

of the Commonwealth does not meet.

o Continue to work with the Ozone Transport Commission

(OTC) to reduce air pollution transported into the state and

ensure that it does not contribute to violations of the ozone

NAAQS in Massachusetts. Work with the Mid-Atlantic and

New England states (MANE VU) to develop and implement

strategies for the control of regional haze.

o Submit infrastructure SIPs for 2008 Ozone standard, lead, 1-

hour NO2, 1-hour SO2

o Review proposed NAAQS revisions and provide comments on

protection of public health and sensitive subgroups in

coordination with NESCAUM, and coordinate with

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

Massachusetts Dept. of Public health on interpretation of

NAAQS and appropriate risk communication messaging.

 Control Technology Guidance Documents: Develop regulations

implementing CTGs for certain stationary sources, including:

o Negative Declaration for Automobile and light duty truck

Assembly Coatings;

o Regulations for 1) Industrial Cleaning Solvents; 2) Offset

Lithographic Printing & Letterpress Printing; 3) Flexible

Package Printing; 4) Paper, Film, and Foil Coatings; 5) Metal

Furniture Coating; 6) Miscellaneous Metal Products and

Plastic Parts Coatings; 7) Fiberglass Boat Manufacturing

Materials; 8) Large Appliance Coatings; and 9) Miscellaneous

Industrial Adhesives.

 Other Air Regulations targeted for FFY14:

o Finalize Municipal Waste Combustor Rule

o Finalize Adhesives and sealants Rule (if not completed by Oct

1, 2013)

o Having accepted Prevention of Significant Deterioration

(PSD) delegation from EPA, MassDEP is committed to

adopting state rules implementing the PSD program. EPA will

expedite parallel processing of the Massachusetts PSD SIP

revision upon receipt of the proposed regulation.

o Participate in regional and national transported air pollution

discussions as organized by ECOS, OTC and EPA

o Develop regulations phasing out Stage II vapor recovery

program, implementing enhanced Stage I, and submit SIP

revision and regulations to EPA.

 Permitting & Compliance Assurance for Stationary Sources: Continue

to allocate permitting & compliance assurance resources based on

environmental risk and the environmental performance of the various

groups of sources we regulate. Major activities will include:

o Issuing and renewing air operating permits and incorporating

new emission control requirements (MACT, GHG) as

applicable into operating permits.

o Issue plan approvals for new, expanded and modified

facilities, operations or equipment.

o Reviewing compliance reports from the approximately 360

major sources of air pollution, and inspecting the portion of

them due for inspection under the compliance monitoring

strategy.

o Taking appropriate follow-up enforcement action in response

to compliance problems identified through inspections or

report reviews.

o Inspecting a sub-set of the 2,000+ minor air pollution sources

when indicated.

o Managing the Stage I and Stage II vapor recovery program,

including managing compliance reports and conducting

appropriate follow up inspections and enforcement.

o Maintaining the stationary source emissions inventory

including the collection and analysis of over 1,500 reports per

years and completing the conversion to e-DEP.

o Responding to requests for assistance from regulated entities

as well as cities and towns, including responding to

complaints from residents and businesses regarding dust, noise

and odor or possible illegal activities.

o Providing compliance assistance to Fire Departments,

including enforcement back up where necessary, so they can

manage open burning and minimize air quality impacts.

o Working with MA Department of Fish and Wildlife, MA

Department of Conservation and Recreation, and other state

agencies and NGOs as needed, to develop a comprehensive

smoke and ozone management plan for prescribed burns.

 Reduce Emissions from area sources -- Implementing

programs/regulations to minimize the air impacts of fuels, consumer

products, and commercial and industrial formulations, such as

architectural coatings.

 Reduce Emissions from Transportation Sources by:

o Continued enforcement of tailpipe emissions control

requirements (Automobile Enhanced Inspection and

Maintenance Program).

o Implementing Low Emission Vehicle (LEV) Standards for

vehicles sold in Massachusetts.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

o Implementing transportation control programs that minimize

vehicle miles traveled.

o Ensuring compliance with the “Big Dig” Administrative

Consent Order and Transit System Improvements regulation.

 Issuing annual “conformity” approvals of regional transportation plans

and improvement programs.

 Reduce diesel and vehicle emissions by:

o Identifying and implementing additional diesel reductions and

vehicle projects for remaining diesel reduction funds in the

ACO between MassDEP and MassDOT.

o Implementing state-owned vehicle retrofits and the

Massachusetts Markets Program under the Diesel Emissions

Reduction Act (DERA) Federal funds and American Electric

Power Settlement funds.

o Confirming that the MassDOT and State Revolving Fund

Loan water infrastructure grant recipients comply with the

diesel retrofit requirements.

o Conducting anti-idling assistance, inspections and follow-up.

(School bus idling inspections on hold due to enforcement

settlement discussions.)

 Controlling other air toxics by:

o To the extent resources allow, implementing the 2006 mercury

legislation and other mercury control/reduction strategies

(including participation in regional mercury initiatives). (See

Goal 4 below.)

o Finalizing the asbestos program regulations and oversight

strategies to focus on the highest priority asbestos emissions.

o Conducting inspections of asbestos removal and demolition

actions.

o Conducting a formal assessment of compliance with the

asbestos removal regulations

o Implementing maximum achievable control technology

(MACT) programs for which we have delegation and for

which MassDEP may choose to seek delegation.

 Ambient Air Quality Monitoring

o Continue to operate, maintain and analyze the data from state-

operated monitors located at 27 monitoring stations.

 “Air Online” Web Page – Continue to maintain the MassDEP air

monitoring program and Air Online that provides real-time ambient air

quality data as well as information about trends and health effects.

 Allowable Ambient Limits (AALs) – Continue to update AALs as

needed to support air and toxics programs.

Goal 2: Protecting America’s Waters

Sustainable Water Management Initiative

 Continue developing far-reaching policy and regulatory revisions to

implement the SWMI framework to improve the quality and quantity of

our water resources. Promulgate major revisions to the Water

Management Act regulations.

 Once promulgated, the regulations will be applied in permitting

proceedings and used to guide development of additional

implementation documents.

Water Quantity Management (via Water Management Act)

 Coordinate closely with Water Management Act permittees on

appropriate strategies for including minimization, mitigation, and offset

provisions in permits using an interagency consultation process.

Drinking Water

 Ensure Compliance with Standards Amongst Public Water Systems

(PWSs) – Conduct various efforts to ensure that PWSs continue to

comply with the state public drinking water standards for water

sources, treatment, distribution, management and operation.

 State Drinking Water Lab Certification -- Seek recertification from US

EPA for drinking water laboratory primacy under the Safe Drinking

Water Act (WES).

 Private Drinking Water Lab Certification -- Continue work to certify

laboratories for testing of chemicals and micro-biological samples on

potable and non-potable water, according to the Wall Experiment

Station (WES) Lab Certification and Fee Regulations.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

 Human Health Risk Assessments for Contaminated Drinking Water --

Provide technical support regarding cases of contaminated drinking

water supplies. (ORS)

 Technical Support related to Uranium and Arsenic in Private Drinking

Water Wells: Continue to provide support and answer or refer public

inquiries about the USGS study, and coordinate response with MA

Department of Public Health (DPH), MassDEP Office of Research and

Standards (ORS) and the Bureau of Resource Protection (BRP)

Drinking Water Program.

 Drinking Water Standards and Guidelines -- Update MassDEP’s List of

regulated contaminants (ORS).

 Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2

Disinfectants and Disinfection Byproducts Rule – Continue to

implement these new federal rules for PWSs.

 Ground Water Rule – Continue to implement this new federal rule for

PWSs with targeted education, outreach and assistance (may require

more inspections at facilities triggering action from testing results).

 Optimize State Revolving Fund (SRF) for Drinking Water -- Promote

sustainability in infrastructure by optimizing available SRF financing,

including energy efficient and renewable energy generation in work

scopes at drinking water treatment facilities.

Wastewater Discharges to Surface Waters and Groundwater

 Continue to track SSOs to assist in identifying and mitigating problem

areas within sewered communities.

 Enhanced Utilization of Water Resource Data – Continue to work on

expanding statewide a technological interface drawing on geographic

information system (GIS) mapping data, SSO reports, and archives of

executed enforcement documents to evaluate vulnerable areas and

target enforcement efforts.

 Assist with Issuance of Federal National Pollutant Discharge

Elimination System (NPDES) Permits – Assist EPA in issuing permits,

enforcing the permit limits. Continue efforts to streamline permit

issuance with EPA.

 Continue to implement the newly developed NetDMR state

enhancements which will allow for the electronic filing of the State

Operation and Maintenance form and interface with the EPA data base.

Work with POTW’s to get them registered into the state electronic data

base.

 Provide input to EPA on the new Federal Stormwater Permits (MS4s)

and coordinate with EPA on the issuance and implementation of the

new MS4 permit, including development of best management practices.

 Provide technical assistance to municipalities to increase compliance

with new MS4 Stormwater Permit; focus will continue until December

2013 in the Blackstone and Ten Mile watersheds and will build off

those and other on-going efforts as funding allows.

 Coordinate Implementation of New Federal Residual Designations in

the Upper Charles River with EPA, including developing and sharing

best management practices.

 Optimize State Revolving Fund (SRF) for Wastewater -- Promote

sustainability in infrastructure by optimizing available SRF financing,

and including energy efficient and renewable energy generation in

work scopes at wastewater treatment facilities.

 Laundromat General Permit – Publicize the availability of the newly

completed general permit for Laundromats discharging non-sanitary

(classified as “industrial”) wastewater to the ground

 Continue to work with Department of Agricultural Resources (“DAR”)

to develop standard operating procedures for farms and other

agricultural facilities for the handling and disposal of wastewaters

(milk, cheese & yogurt product etc) in order to protect groundwater. In

addition, work with DAR, breweries and wineries in the development

of wastewater disposal options that are protective of groundwater.

 Industrial Wastewater Sewer Permitting – Implement regulatory

reform recommendations, by continuing to permit IWW sewer permit

applications requiring a permit as they are submitted, and continue

responding to POTW requests for technical assistance related to

industrial discharges or operational issues

 In response to the need for operators with management skills

NEIWPCC/MassDEP has completed the second year long management

training program. This program exposes operators to all the aspects

that a chief operator or manager of a facility would use in his/her (s)

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

daily responsibilities. Due to overwhelming interest, this course will

now be offered every year in one form or another.

Watershed Planning

 Implement actions to add additional “Full Time Equivalent” staff over

and above the current number of Division of Watershed Management

(DWM) unit staff in order to accomplish federal commitments.

o Although EPA and DEP have agreed upon the priorities and

commitments for 2014 with current DEP staffing levels, we

recognize that there is an important continuing need to address

resource and staffing shortfalls. EPA and DEP managers will

meet in November to discuss water program commitments,

staffing, and succession planning. EPA and DEP will develop

medium and long-term plans to address staffing and state

program commitment shortfalls. EPA and DEP will work

toward the goal of mutually agreeable plans by May 31, 2014.

 Total Maximum Daily Loads (TMDLs): Develop TMDLs based on

available water quality data and continue to develop TMDLs for the

Massachusetts Estuaries Project (MEP).

 Nitrogen Reduction in the southeastern Massachusetts Estuaries:

Continue to work with southeast coastal communities to

comprehensively evaluate all options and plans to achieve anticipated

nitrogen reduction requirements from TMDLs for impaired estuaries.

 Monitor and evaluate nitrogen reduction projects and technologies in

their effectiveness in accomplishing nitrogen reductions. Some of the

strategies and tools which may be further evaluated in FFY2014

include inlet widening, shellfish farming, permeable membranes,

wetland restoration and enhancements, removing tidal restrictions and

innovative and alternative wastewater systems. Publicize results of

alternative technology evaluation and testing on the MassDEP website.

 Continue to assess and monitor priority watersheds on the 5-year basin

cycle.

 Surface Water Quality Data Management – Continue to work towards

fully implementing the new “WRATS” database and the Assessment

Database (ADB) to help address existing data backlogs via rapid data

transfer to EPA through the Water Quality Exchange (WQX) node.

 State Nutrient Criteria – Continue to work with EPA and external

stakeholders towards the development of nutrient response criteria, and

phosphorus and nitrogen criteria for Massachusetts surface waters.

 Cranberry Bog Nutrient Loading Best Management Practices (BMPs) –

Continue to work with bog owners to implement BMPs.

 Bacteria Source Tracking Program (BST) – Conduct limited select

source tracking investigations as resources allow to follow up on

enforcement on most damaging illegal sources of bacterial pollution

 Continue to address data backlog issues as resources allow.

 Continue to monitor surface water quality based on available resources,

in support of developing water quality assessments and the state

Integrated List of Waters.

 Implement the well drillers program as resources allow. Continue

updating data base, improve on-line access to information on existing

wells, and certification process for drillers and drilling equipment.

 MassDEP will take a lead role in coordinating with DCR and DPH to

evaluate the sources that impact water quality at local beaches and

associated mitigation for improving water quality.

Goal 3: Cleaning Up Communities and Advancing Sustainable

Development

 Conduct comprehensive training for staff and Licensed Site

Professionals on the Vapor Intrusion Guidance on assessing and

mitigating the vapor intrusion pathway at disposal sites under the MCP.

Implement regulatory changes related to mitigation, assessment and

closure of vapor intrusion sites. Revise Interim Final Vapor Intrusion

Guidance to reflect regulatory changes.

 Conduct training for staff and Licensed Site Professionals on MCP

Regulatory Reform Amendments (related to Tier Classification,

Activity and Use Limitations, vapor intrusion site identification and

response, LNAPL site characterization and closure, source and

migration control, Numerical Cleanup Standards/Reportable

Concentrations and Permanent Solution requirements).

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

 Develop a strategy for managing contaminated soil resulting from site

cleanup and/or development activities so as to minimize disposal in

rapidly-filling MSW landfills and protect public health and the

environment around receiving locations.

 Support and facilitate solar energy development on contaminated sites.

 Improve/expand the on-line file submittal and review system by:

completing the migration of the scanned copies of site-related paper

files dating back to the early 1980s, including finish indexing more

than 25 million pages of information currently stored in MassDEP

Region Offices, updating eDEP Transmittal Forms to better integrate

current electronically-submitted reports, and planning for the EIPASS

data systems restructuring.

 Continue integration of Natural Resource Damages (NRD) Program

into the agency’s programs; manage existing assessment and

restoration caseload, and pursue new cases and regulatory development

as resources allow.

 Complete the Interim Final Guidance on Implementing Activity and

Use Limitations (AULs) that updates the 1998 guidance to make it

consistent with amended regulations and practice.

 Develop technical guidance on Light Non-Aqueous Phase Liquid

(LNAPL) to support the amended regulations related to LNAPL which

is consistent with the risk-based framework of the MCP.

 Continue to ensure immediate and appropriate response to

environmental emergencies:

o Identify specific critical infrastructure areas for emergency

response preplanning and focused efforts.

o Implement and maintain interagency OHM response

communication protocols.

o Ensure EPA’s Emergency Planning & Response Branch

receives significant spill incident and response notification.

o Conduct post-event analyses of significant spill events and

response operations to evaluate interagency responses,

performance and identify areas for improvement.

o Coordinate interagency development of ethanol spill response

protocols.

o Coordinate preventative SPCC inspections with EPA

Emergency Planning & Response Branch.

 Ensure the Quality, Efficiency and Rate of Cleanup at Waste Sites:

o Continued enforcement actions for cleanup-related violations.

o Provide and manage state contractors engaged to conduct

assessment and cleanup actions.

o Coordinate with EPA on OHM removal actions conducted by

EPA’s Emergency Planning & Response Branch; Assist with

National Priority List (NPL) Sites – Continue to provide input

to EPA on Records of Decision (RODs) and other

deliverables, and (as resources allow) assist with cleanup of

federal CERCLA/Federal Facilities.

o Implement regulatory amendments that provide for the use of

Notice of Activity and Use Limitation in lieu of Grant of

Environmental Restriction as an institutional control at NPL

sites.

o Continue comprehensive training and outreach program to the

Licensed Site Professional (LSP) and regulated communities,

as resources allow.

o Implement Resource Conservation and Recovery Act (RCRA)

corrective action by transitioning RCRA sites into the 21E

program, implementing the RCRA Corrective action site

oversight at current or former TSDFs, and auditing RAOs and

closures as they are received.

o Continue the Waste Site Cleanup Audit Program – Implement

audit program activities. Focus regional audit work on: (a)

broad screening efforts to identify and follow up on non-

compliance work earlier in the site cleanup process, and (b)

targeted audits based on key submittals.

o Continue to review site-related human health and ecological

risk assessment reports (ORS).

o Implement MCP regulatory reform amendments through

outreach, training, and operational (system and procedural

changes) to reflect amendments and ensure successful

transition. .

 Promote the use of green remediation through outreach and training.

 Continue long-term operation and maintenance at NPL sites (including

but not limited to Baird & McGuire, Silresim, Charles George, Atlas

Tack, and, Groveland Wells).

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

 Evaluate implementation of specific recommendations from the EPA-

developed Optimization Reports for the Groveland Wells Baird and

McGuire, and Silresim NPL sites and evaluate report recommendations

for implementation. Continue development of exit strategies with the

assistance of EPA based on the Optimization Reports. Continue in

evaluating modifications to incorporate clean energy and energy

reduction strategies for implementation. Initiate Optimization Study for

Silresim.

 Begin work on two newly listed NPL sites (Creese & Cook and Walton

& Lonsbury). Work with EPA on the potential listing of a site in

Franklin. Continue working with the PRPs on the Fireworks site to

determine whether NPL listing is warranted.

 As resources allow, incorporate energy-saving strategies and products

into site remedy Operation & Maintenance overseen by MassDEP (e.g.

publicly-funded cleanups), including incorporating energy

conservation/alternative energy when awarding MassDEP O&M

contracts.

 Enhance the Restoration and Redevelopment of Brownfields:

o Provide technical assistance to municipalities,

MassDevelopment, Attorney General's Office, Department of

Revenue, Executive Office of Housing and Economic

Development, and other proponents of Brownfields

Redevelopment in Economically Distressed Areas.

o Continue developing Brownfields Assistance Database to

capture data, share information, and track metrics associated

with the sites with which MassDEP is involved.

o Enhance outreach efforts by improving web experience and

continuing regional Brownfields Forums.

o Work with other state and federal agencies as well as

municipalities and non-profits to promote cleanup and

redevelopment of projects chosen by the Lt. Governor as part

of Round 2 of the multi-agency Brownfield Support Team

Initiative.

o Launch Round 3 of the Brownfield Support Team Initiative

highlighting sustainability and renewable energy projects on

Brownfields.

 Revenue Billing and Collection System – Continue billing and

collection. In conjunction with OGC, continue initiative for collection

of outstanding 21E cost recovery and compliance fee receivables.

Goal 4: Ensuring the Safety of Chemicals and Preventing

Pollution

Hazardous Waste & Toxics

 Compliance Oversight of Hazardous Waste generators, transporters and

Treatment, Storage ,and Disposal Facilities (TSDFs) including:

o Routine TSDF inspections

o Routine inspections of large quantity hazardous waste

generators; as needed inspections of small and very small

generators, and compliance report reviews

o Follow-up enforcement in response to compliance problems

o Registration of hazardous waste generators

o Hazardous Waste TSDF licenses renewals

o Hazardous Waste Transporters, and issue transportation

vehicle identification numbers (VIDs) license issuance

o Management of the hazardous waste shipment reporting

program (EMORES), including report collection, analysis, and

enforcement of the reporting requirement

o Implementation of the Financial Assurance provisions that

require that TSDFs have adequate financial instruments in

place to respond to close the facility and respond to releases

 EPA Authorization of the Massachusetts Hazardous Waste

Management Regulations – Continue working toward full federal

authorization.

 Toxics Use Reduction-- Continue to implement the toxics use reporting

and toxics use reduction planning requirements of the Mass Toxics

Use Reduction Act including report collection and management and

enforcement of the reporting and planning requirement, and releasing

the data

 Chemical Hazard Support – Provide technical support to the TURA

Science Advisory Board on chemical hazards

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

 Underground Storage Tank (UST) program -- Implement the federal

UST program by:

o Incorporating baseline compliance assessment results into

program development and implementation strategies

o Registration of Third-Party Inspectors and follow up on Third

Party Inspection reports

o Proposing new program regulations, policies and guidance

o Building staff capacity

o Implement the UST Class A, B and C Owner/Operator

Training and exam program

o Building data systems and eDEP capabilities

o Managing UST registrations and third party inspection reports

o Conducting inspections and enforcement follow-up at UST

facilities

o Providing technical assistance

 Mercury -- Mercury Management Act Implementation, Regional

Mercury TMDL, and NEGC/ECP Mercury Action Plan, including:

o As resources allow, continue implementation of the

Massachusetts Mercury Products law

 Receive certifications from manufacturers of mercury

lamps and other mercury-containing products, auto

salvage yards, auto shredders, and auto

manufacturers;

 Require auto manufacturers to improve vehicle

switch collection/recycling program;

 Follow up on 2011 vehicle switch recycling rate

determination;

 Continue to participate in IMERC.

o Continue (at a reduced level) long-term strategic monitoring

of mercury in freshwater fish tissue and the environment, and

analyze trends.

o Revisit and update as necessary the Massachusetts Mercury

TMDL, as well as support the NE states 319(g) petition efforts

and the efforts of the ECOS Quick Silver Caucus.

 Emerging Contaminants: On-going efforts to prioritize and assess the

potential impacts from emerging contaminants and develop

management strategies (e.g. Pharmaceuticals & Personal Care Products

[PPCP] and Engineered Nanoparticles), including maintaining

involvement in PPCP research with UMASS and USGS, and

maintaining awareness of PPCP/EDC health and environmental levels,

and participation in interagency nano-materials workgroup. Issue

waivers from household hazardous waste collection regulations to

municipalities and others collecting waste medications from residents.

 Prepare a risk assessment protocol to protect children’s health, and

implement (as feasible) via air guideline derivations and MCP

standards (ORS).

Solid Waste

 Compliance Oversight of Construction and Demolition (C&D) Debris

Processors:

o Conduct routine inspections

o Publish C&D recycling rate data if resources allow

 Conduct the Waste Ban Compliance Initiative

 Solid Waste Master Plan Implementation: Begin implementation of the

2010-2020 Solid Waste Master Plan, in order to maximize the amount

of materials that are put back into productive commerce through

recycling, composting or reuse, and minimize the amount of waste

disposal.

 Encourage Solid Waste Re-use, Beneficial Use, and Innovation --

Encourage solid waste reduction through municipal grants, loans and

technical assistance, with particular attention on:

o Commercial Recycling -- Provide technical assistance through

“Recycling Works” and “Waste Wise” programs

o Commercial organics – Pilot collection efforts and support

development of a handful of capacity projects

o Initiate strategic planning and targeted implementation to

establishing recycling infrastructure to enable a future disposal

ban on organics (commercial), carpet and textiles.

o Improve the overall municipal recycling rate efforts by

offering grants under the Sustainable Material Recovery

Program to include grants for “Pay as You Throw”, carts,

drop-off equipment, local enforcement coordinators and small

scale investments

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

o Continue to work on a solid waste disaster debris management

plan, including for avian flu (due to resource constraints this

will be a minimal effort this year).

o Provide technical assistance to municipalities on improving

waste reduction programs through the Municipal Assistance

Coordinators.

o Continue to promote a statewide educational effort to increase

textile diversion

o Continue to Implement the Supermarket Initiative, including

bi-annual certification that supermarkets that they have active

composting and recycling programs.

o On-going management of the Recycling Loan Fund including

the expanded funding for Anaerobic Digestion Projects.

Oversee the Springfield Materials Recovery Facility (MRF)

including overseeing the contract, day to day operations and

facility maintenance, participating on the advisory council and

evaluating how to increase tonnage.

o Monitor progress on the Grocery Bag Reduction

Memorandum of Understanding.

o Review annual reports for the Municipal Waste Combustor

Material Separation Plans including monitoring mercury

diversion.

o Administer the Bottle Deposit Law and Redemption Center

Registration Program, including responding to consumers,

bottlers, redemption centers, and legislator’s

comments/inquiries regarding potential program expansion.

o Conduct enhanced compliance assessment and enforcement

regarding disposal bans with enforcement on haulers and

generators of material Administer Class II Recycling Program

Permits, including ensuring third party waste ban inspections

are completed; monitoring waste characterization studies by

facilities; and tracking credit sales and contributions to SMRP.

o Respond to requests for information from the public and

recycling industry.

 Develop and Implement Regulatory Reform Initiatives

o Implement Anaerobic Digestion and organic conversion and

diversion regulations.

o Develop and implement an enhanced third party inspection

program for waste management facilities

o Develop and implement permits by rule/performance

standards and compliance certifications in lieu of permits for

certain solid waste management facilities

 Solid Waste Management Facility Safety:

o Continue to conduct routine inspections, review compliance

reports, and take appropriate enforcement actions to ensure

wastes are handled properly.

o Respond to requests from BWP for assessments of chemicals

emanating from landfills with respect to interpreting air, soil

and groundwater data (ORS).

o Continue to issue permits and plan approvals for solid waste

management landfills, transfer stations, composting facilities,

and Beneficial Use Determinations.

o Revise targeted Waste Ban Plans in accordance with results

from the C&D processor waste ban initiative.

Goal 5: Enforcing Environmental Laws

Compliance Assurance Targets & Significant Activities for FFY 2014:

Significant planned Compliance Assurance activities include:

 Alternative Compliance Strategy: In FY2013, MassDEP and EPA

agreed on Alternative Compliance Strategies for the RCRA, Air and

UST programs, focusing increased resources on smaller sources that

may have significant, aggregate environmental impacts, while

maintaining an appropriate and more targeted inspection program for

the major sources, which generally have high compliance rates. In

FY14, MassDEP will continue to implement this strategy, and will

finalize report on the results for the 1

year efforts and apply for 2

year of program

 EPA Mandated Compliance Activities

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

O Meet PPA RCRA, Air and UST alternative inspection

strategies commitments, and meet water inspection

commitments.

O Follow-up enforcement on significant violators.

O Finalize implementation of EPA’s State Review Framework

(SRF) recommendations, as appropriate.

 Environmental Results Program (ERP) Reporting Enforcement: In

FY13 MassDEP focused substantial C&E efforts on reporting

requirements for ERP sectors (drycleaners, printers, dentists, source

registration). In FY14, MassDEP will continue its focus in this area,

undertake appropriate enforcement actions against noncompliers.

 Laboratory Compliance: MassDEP will continue its inspections and

evaluation of laboratory sector to determine compliance with air

permitting requirements, and take appropriate enforcement actions are

appropriate.

 Public Water Supply Compliance: MassDEP will undertake a number

of initiatives related to public water supply compliance, including:

O PWS Capacity/Asset Management: During sanitary surveys,

evaluate all community public water system’s for technical,

management, and financial capacity to comply with SDWA;

O Cross Connection Audits: Following up from findings of a

FY12 assessment of cross connection control programs,

perform program audits on PWSs utilizing contract company

that provides these plans.

O Small and Unapproved PWS: Continue multi-year focus on

Non-Transient and Transient Community Water supply

compliance, and on identifying PWSs’ that deliberately or

inadvertently evade registration and siting requirements.

 Stormwater Management: MassDEP will pursue a combination of

intensive compliance activities to assist municipalities improve

stormwater management and to meet, or exceed, the requirements in

new EPA MS4 permits.

 Cape Cod Groundwater Discharges:: MassDEP plans to undertake an

enhanced review and inspections of facilities on Cape Cod that have

groundwater discharge permits with nitrogen limits, to support efforts

to limit nitrogen impacts on Cape Cod. This initiative will include

efforts to identify non-permitted (large Title 5 systems) nitrogen

discharges and start the permitting process.

 Targeted Audits at Hazardous Waste Cleanup Sites: BWSC will target

audits on the following:

O Sites with Activity and Use Limitations (properties unable to

cleanup to background, where contamination remains in place

with conditions imposed to prevent exposures).

O Comprehensive site assessments early in the cleanup process,

as steering privatized cleanups back into compliance at this

point in the process reduces later, more significant

noncompliance.

 Inspection & Maintenance: Relying on mining data from inspection

stations, continue to investigate and prosecute violators for issuing

fraudulent stickers

 Respond to credible complaints.

o Follow-up on staff knowledge of suspected problem facilities.

o Monitor and enforce compliance reporting requirements.

o Follow-up by “mining data” from DMR, ERP, hazardous

waste transporter air source registration, UST, hazardous

waste recycling, and permit reporting activities.

O Target reported compliance problems and questionable data

 Compliance Oversight of Construction and Demolition (C&D) Debris

Processors:

o Conduct routine inspections

o Publish C&D recycling rate data if resources allow

o Conduct the Waste Ban Compliance Initiative: approve

updated waste ban plans

 Enhanced asbestos program: Focus C&E effort on projects in sensitive

areas, and on problem contractors.

Internal Compliance & Enforcement Quality Control

 Complete and follow-up on the State Review Framework (SRF) – an

assessment of EPA and state enforcement of the Clean Water Act, the

Clean Air Act, and hazardous waste laws.

 Participate in the New England States/Region I compliance and

enforcement coordination and planning process.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

 Implement a mix of operational and policy changes to improve the

efficiency and effectiveness of the enforcement process.

 Revise Site Cleanup Guidance, including guidance on Activity and Use

Limitation, LNAPL and Vapor Intrusion sites.

 Provide ongoing training to Licensed Site Professionals and other

program stakeholders, including MCP Amendments, Vapor Intrusion,

AUL, Audit Case Studies, as well as providing regional technical

events.

 Provide ongoing compliance assistance/ regulatory/policy support

through MCP email response service.

FFY14 Compliance Targeting/Inspection Plan

 The FFY13 PPA Inspection Plan is included as a CONFIDENTIAL

attachment to this PPA Workplan/Program Plan, and is provided only

to the U.S. EPA.

Goal 6: Cross-Cutting Issues

Energy Efficiency and Renewable Energy

Continue to implement the new Clean Energy Results Program (CERP)

established in November 2011 in partnership with DOER. Under this

program, MassDEP undertakes a broad range of activities designed to

achieve greater environmental protection by facilitating the siting and

development of energy efficiency and renewable energy projects.

MassDEP will achieve this through a number of new initiatives described

below, as well as through some of its traditional permitting, assistance,

fiscal and enforcement activities. Activities include, but are not limited to:

 Increasing activities to support and facilitate solar energy at closed

municipal landfills.

 Continuing efforts to reduce the amount of municipal energy use in the

treatment of drinking water and waste water by as much as 20% by

working with EPA, DOER, utilities, and other partners. Work to

increase renewable energy generation at these facilities and increase the

number of “net-zero energy” facilities in Massachusetts with goal of

20% of water utilities (74 utilities) to be zero-net energy by 2020.

 Continuing efforts to promote green remediation and utilize

environmentally challenged land (landfills, brownfields) for renewable

energy, including increasing activities to support and facilitate solar

energy development on contaminated sites; updating and maintaining

Contaminated Sites Profile List; conducting outreach to potential

energy developers and training/outreach to LSPs.

 Developing a permitting pathway, feedstock generation, and financing

support for anaerobic digestion of source-separated organics to

generate methane for fuel in combined heat and power operations at

farms, wastewater treatment facilities, and stand alone operations.

 Promoting energy efficiency at sites and facilities MassDEP Regulates,

working with the Office of Technical Assistance;

 Working with Wind Turbine Noise Technical Advisory Group

(WNTAG) to determine what, if any, regulatory or policy changes may

be needed related to wind turbine noise.

 Supporting further exploration of hydro/ocean/tidal power possibilities

to evaluate regulatory/permitting obstacles and protection standards.

 Enhancing the assistance provided to project proponents and

communities through increased technical support and establishing clear

and predictable permitting pathways for renewable energy.

Enhanced Use of Information Technology

Radically improve the effectiveness and efficiency of MassDEP’s activities

and services using state-of-the-art Information Technology, including

acquiring major capital funds for a sweeping, multi-year information

management transformation effort. This redesign is laid out in MassDEP’s

IT redesign roadmap (called the Environmental Information and Public

Access System Study) which was developed in FY12. (See 3-year priorities

above.) In addition, MassDEP will continue the following IT-related

endeavors:

 Continue to work with the Mass. Executive Office of Energy &

Environmental Affairs on the secretariat-level consolidation of IT

(launched in 2009) – particularly via the new EEA IT Governance

Group.

 Maintain and improve MassDEP’s website services and capabilities.

 Improve geospatial analysis tools for MassDEP personnel.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

Emergency Planning, Environmental Disaster Response & Homeland

Security

 MassDEP will take steps to enhance its agency-wide emergency

preparedness and response capabilities, with particular focus on

enhanced planning and coordination related to storm preparedness and

climate change hazards and man-made hazards. MassDEP will

establish the function of an emergency planning officer that will

provide high level planning and coordination between MassDEP

programs/regions, and with other agencies to improve these efforts.

 Continue to enhance the capabilities of MassDEP Field Assessment

Support Team (FAST), building on lessons learned from previous

deployments. Continue outreach activities to improve first responders

and other EP/ER/HS stakeholders understanding of FAST capabilities

and how to access FAST. Between Emergency Response (ER) types

deployments, expand the use of FAST resources on more routine

MassDEP regulatory programs.

 Look for opportunities to more fully utilize the enhanced capabilities at

Wall Experiment Station (WES) as a result of the completion of the

multiple year expansion program.

 Review, update and enhance content and access to EP/ER/HS guidance

material that is publically available on DEP's website.

Environmental Justice

 Continue to implement programs and activities considering

Environmental Justice concerns and in accordance with the

Commonwealth’s Environmental Justice policies and guidelines.

 Conduct an Urban Compliance Assurance Initiative focuses that will

use EJ criteria and community health and toxics exposure data as

significant components in conducting compliance assurance activities

 Collaboration with EEA and EPA on environmental justice initiatives

as appropriate, including the Mystic River Watershed Initiative (which

among other things provides assistance and guidance to Massachusetts

Environmental Trust in investing settlement money from Exxon Mystic

River spill in selected wetlands restoration and water quality projects).

 Participate in EJ 2014 policy and practice development on permitting

 Continue to distribute on a priority basis State Revolving Funds to EJ

communities to make investments in renewable energy and sustainable

water infrastructure.

Administrative Priorities

 Maintain core administrative services, including; payroll management;

benefit and leave management; fiscal affairs; internal controls; revenue

accounting and audit; procurement; building and asset management,

mail; vehicles and travel; personnel management; training; employee

health and safety; time management and reporting; labor relations; and

diversity.

 As resources allow, the following priority activities will proceed in

FY14:

o Procure a new location for MassDEP’s Central Regional

Office

o Enhance professional development through staff training

activities

o Continue improvements to MassDEP’s worker health and

safety activities, including EO511 and associated training

o Addressing information security requirements under EO 504

o Continuing paper file reduction and management, for

efficiency and for cost savings.

o Expand the robust inclusive internship program that recruits

young people to government service

Quality Assurance Management Program

In order to ensure that all federally funded environmental data generated

under this agreement will be of known and documented quality suitable for

use as environmental indicators and program outcomes and outputs, the

Department and EPA Region I will maintain a Quality Assurance

Management Program. The Quality Assurance Management Program is

documented in the Department’s Quality Management Plan (QMP) revised

in 2013 in accordance with EPA Requirements for Quality Management

Plan (EPA QA/R-2). The QMP is designed to:

 Ensure that quality assurance project plans completed by DEP or

DEP’s grantees and contractors meet the EPA Requirement for Quality

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

Assurance Project Plans (EPA QA/R-5) and are completed and

approved prior to data collection activities;

 Coordinate quality assurance efforts among the bureaus, programs and

offices at DEP;

 Oversee the planning, implementation and assessment of environmental

quality assurance programs;

 Oversee the planning, generation, evaluation and reporting of data

associated with quality indicators;

 Schedule the review and updating of the QMP annually to identify and

make any needed changes to the quality system and submit a revised

QAPP list (Table 1 of the QMP) to EPA. The Department will provide

annual updates; including any needed changes and a revised QAPP list

at the end of the state fiscal year.

 The MA DEP Quality Management Plan was approved by US EPA in

2007 for five years, and revisions to the plan were approved in 2013.

 EPA New England’s Quality Assurance Office will continue to work

with MassDEP by providing guidance, training and technical support.

Reporting Requirements

Reporting of program data required by federal programs will continue under

this agreement as MassDEP and EPA continue discussions about state

reporting requirements to national databases and steps to identify and

reduce reporting requirements that are ineffective and burdensome.

MassDEP continues to work with severely constrained resources and with

significantly reduced staffing levels. Therefore, in the event that MassDEP

must prioritize in meeting reporting requirements, the high-priority reports

identified below are where resources will be dedicated.

Goal 1: Clean Air - Priority Clean Air Reporting

Requirements

Annual Reports on Implementation of the Automobile Inspection and

Maintenance I/M Program: EPA regulations (41 CFR 51.366) require

MassDEP to submit annual reports on its program. 2011 reports were

submitted in July 2012; 2012 report submitted in summer 2013

Submission of Ambient Monitoring Results to the AQS

Database: MassDEP routinely posts validated air monitoring data to EPA's

AQS database. MassDEP posts hourly raw ozone and meteorological data

to EPA's AirNow public website. MassDEP provides EPA with an annual

review of its entire air monitoring program.

AIR NOW reporting: Submitting ozone and PM2.5 real-time data and

forecasts to the Data Management Center

Submission of emissions to Emissions Inventory System (EIS).

MassDEP annually posts equipment, emissions, and throughput data for

stationary sources to EPA's EIS database. This data comes from

MassDEP's Source Registration program.

Massachusetts NOx Budget Program: For each summertime ozone

season, MassDEP will allocate NOx allowances among subject sources (i.e.,

power plants) and report them to EPA’s Clean Air Markets Division by

October 31

st,

three years before the ozone season to which the allowance

pertains.

Clean Air Reporting Required Outside the PPA Process

To provide a context concerning the relationship between federal

requirements and the Performance Partnership Agreement (PPA), the

following are some examples of federal requirements outside the PPA.

These requirements are outside the PPA either because they are outside the

scope of the PPA (for example, Clean Water Act State Revolving Fund) or

have not been restated in the PPA because they are required in an existing

formal source (law, regulation, delegation agreement, etc.) and have not

become part of the PPA strategic discussion. These examples provide a

good sense of the source and types of requirement outside the PPA, but are

by no means an attempt to provide a comprehensive listing of all

requirements.

FINAL Massachusetts Department of Environmental Protection Program Plan/Performance Partnership Agreement FFY2014

Clean Air Act Provisions

Example: Section 182 (c) provides the timeline for many SIP submissions

requirements due in the 1990’s. Partly because MassDEP has wanted the

PPA to only reflect the most significant expectations, the PPA has not

always contained every one of these submissions (e.g., requirement to

submit ozone precursor inventory every three years). MassDEP air staff is

aware of these requirements.

EPA’s SIP Actions in the Federal Register

Example: EPA sometimes attaches conditions on its approval of SIP

submissions. These conditions may require MassDEP to take some action.

National Data Base

Example: MassDEP submits monitoring and compliance information into

the AQS and EIS systems.

Other Grants

Example: Grants to MassDEP for PM2.5 and toxics monitoring are not

included in the PPA, however this data is routinely reported to EPA's AQS

database and these monitors are included in the annual network review.

MassDEP hourly posts raw PM2.5 data to EPA's AirNow public website.

Delegation Agreements

Example: Massachusetts has assumed delegation of many MACT,

NESHAP or NSPS emission standards. Under the delegation agreement,

EPA regularly sends MassDEP lists of new standards with a request that

MassDEP indicate the standards for which they wish to accept delegation.

National Regulations

Example: The I/M regulations require that each state submit annual reports

on its program.

National Guidance Documents

Example: The request for submissions of ozone and PM designations were

issued in guidance document by EPA, and sent to the Governors with letters

explaining the importance of the request.

Goal 2: Clean and Safe Water -- Priority Drinking Water