Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) released highly anticipated amendments to its air pollution regulations as required by the environmental justice provisions of the 2021 Climate Roadmap Act. The changes require certain facilities located in or near EJ populations to perform a cumulative impact analysis (CIA) prior to the issuance of certain air emissions permits. These regulations are now in effect and apply to permit applications filed with MassDEP on or after July 1, 2024.

The new regulations apply to air permit applicants seeking a comprehensive plan approval for a new facility or emission unit located in an EJ population or within:

• one mile of an EJ population if the facility or emission unit will not be a major source of air pollutants, or
• five miles of an EJ population if the facility or emission unit will be a major source of air pollutants.

The same requirements also apply to projects with existing comprehensive plan approvals if the applicant proposes a new comprehensive plan application that increases facility-wide potential emissions above MassDEP’s defined threshold. Covered applicants must evaluate 33 environmental, health, and socio-economic indicators to assess existing community conditions. Other key requirements include:

• Enhanced public outreach to and involvement of EJ populations;
• Facility-wide air quality dispersion modeling, including significant added criteria assessing pollutants from motor vehicles owned or leased by the facility;
• Air toxics risk characterization; and
• Detailed evaluation of cumulative project impacts, including potentially inequitable environmental burdens on EJ populations and planned mitigation measures to minimize cumulative impacts.

MassDEP plans to review the program within two years of the effective date of the regulations, including by soliciting input and feedback from the public regarding potential updates. The new regulations were released alongside MassDEP-developed CIA guidance and tools for use by permit applicants and EJ populations. Descriptions and links to these guidance materials, including a detailed guidance document, CIA mapping and air toxics screening tools, and CIA indicator data, can be found on MassDEP’s website.