MassDEP says air-permitting limits its role; Dalton to continue local enforcement and air monitoring

Town officials shared on June 22 a May 29 response from the Massachusetts Department of Environmental Protection regarding the town’s complaints about dust and air quality at the Berkshire Concrete site.

The MassDEP letter, read at the meeting by Tony, said the department’s authority is limited to air pollution controls for regulated equipment under state law and cannot substitute for local zoning, reclamation, or board-of-health enforcement. MassDEP declined to issue the town’s requested cease-and-desist order because a limited plan approval is not a vehicle to address those local land-use issues.

MassDEP noted that its prior monitoring characterized the problem as nuisance blowing sand rather than ambient PM2.5 exceedances attributable to the quarry operations, and said the town did not provide sufficient evidence to conclude episodic PM2.5 spikes were caused by the quarry. However, the department offered technical assistance to help the town review its air-sensor data. Town staff said they will continue local permitting and enforcement actions through the board of health and zoning enforcement officer and that additional air-monitoring data will be collected and shared with MassDEP and used in ongoing litigation.

Tony said the town expects to receive a preliminary midterm air-monitoring report from the town’s air partners and to pursue two additional air monitors in coordination with the regional planning commission; locating monitors has been complicated by power requirements at sites. The board did not take additional enforcement action at the meeting but pledged to continue collecting evidence and to seek technical help from MassDEP.