Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

7.29: Emissions Standards for Power Plants

(1) Purpose and Scope. The purpose of 310 CMR 7.29 is to control emissions of nitrogen oxides

(NOx), sulfur dioxide (SO2), (together "pollutants") from affected facilities in Massachusetts. 310

CMR 7.29 accomplishes this by establishing output-based emission rates for NOx, SO2

(2) Definitions. The definitions in 310 CMR 7.00 apply to 310 CMR 7.29. However, the terms

below have the following meanings when they appear in 310 CMR 7.29. If a term is defined both

in 310 CMR 7.00 and in 310 CMR 7.29(2), the definition in 310 CMR 7.29(2) applies for the

purpose of 310 CMR 7.29.

Actual Emissions for a facility means that facility's total annual emissions expressed in tons for 

each pollutant, as measured and reported in accordance with 310 CMR 7.29(7).

Affected Facility means a facility which emitted greater than 500 tons of SO2 and 500 tons of 

NOx during any of the calendar years 1997, 1998 or 1999 and which includes a unit which is a 

fossil fuel fired boiler or indirect heat exchanger that:

(a) is regulated by 40 CFR Part 72 (the Federal Acid Rain Program);

(b) serves a generator with a nameplate capacity of 100 MW or more;

(c) was permitted prior to August 7, 1977; and

(d) had not subsequently received a Plan Approval pursuant to 310 CMR 7.00: Appendix 

A or a Permit pursuant to the regulations for Prevention of Significant Deterioration, 40 

CFR Part 52, prior to October 31, 1998.

Alternative Monitoring System means a system or a component of a system designed to provide

direct or indirect data of mass emissions per time period, pollutant concentrations, or volumetric 

flow, that is demonstrated to the Administrator as having the same precision, reliability, 

accessibility, and timeliness as the data provided by a certified CEMS or certified CEMS 

component in accordance with 40 CFR Part 75.

Ash means bottom ash, fly ash or ash generated by an ash reduction process derived from 

combustion of fossil fuels, carbon or other substances.

Block Hourly Average means the average of all valid emission concentrations when the affected 

unit is operating, measured over a one-hour period of time from the beginning of an hour to the 

beginning of the next hour.

Calendar Quarter means any consecutive three-month period (nonoverlapping) beginning 

January 1st, April 1st, July 1st or October 1st.

Calendar Year means any period beginning January 1st and ending December 31st.
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

Continuous Emission Monitoring System or CEMS means the equipment required by 40 CFR 

Part 75 used to sample, analyze, measure, and provide, by means of readings recorded at least 

once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a 

permanent record of SO2, NOX or CO2 emissions or stack gas volumetric flow rate.

Historical Actual Emissions or Historical Actual Emission Rate means the average annual 

emissions or output-based emission rate averaged over 1997, 1998 and 1999. A different threeyear period within the past five years may be used if requested by the owner of an affected 

facility, and if the Department determines that period is more representative of historical actual 

emissions.

MWh means megawatt-hours of net electrical output.

Net Electrical Output of a Facility means the total actual net electrical output of the facility used 

by the New England Independent System Operator to determine settlement resources of energy

market participants.

Output-based Emission Rate means an emission rate for any pollutant, expressed in terms of 

actual emissions in pounds over a specified time period per megawatt-hour of net electrical 

output produced over the same time period.

Output-based Emission Standard means the emission standards for each applicable pollutant,

expressed in terms of pounds of pollutant emitted per megawatt-hour of net electrical output

produced, as set forth in 310 CMR 7.29(5).

Repowering means:

(a) Qualifying Repowering Technology as defined by 40 CFR Part 72 or,

(b) The replacement of the heat or power from a unit subject to 40 CFR Part 72 at an 

affected facility with either a new combustion unit, regardless of the fuel used, or the 

purchase of heat or power from the owner of a new combustion unit, regardless of the 

fuel used, provided the replacement unit:

1. (Regardless of owner) is on the same, or contiguous property as the replaced unit;

2. Has a maximum heat output rate or power output rate equal to or greater than the

maximum heat output rate or power output rate of the replaced unit; and, the replaced 

unit is physically removed from the affected facility, or the heat or power available 

from the replaced unit is limited by limiting hours of operation, maximum heat input 

or some other method approved by the Department; and,

3. Incorporates technology capable of controlling multiple combustion pollutants

simultaneously with improved fuel, boiler or generation efficiency and significantly 

greater waste reduction relative to the performance of technology in widespread 

commercial use as determined by the Department.
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

Rolling with respect to an average means the calculation of an average by dropping the earliest 

month or calendar quarter value and incorporating the latest month or calendar quarter value for 

the period over which an average is calculated.

(3) Applicability. The provisions of 310 CMR 7.29 apply to any person who owns, leases, 

operates or controls an affected facility.

(4) General Provisions.

(a) Each affected facility shall comply with the applicable emission standards established in 

310 CMR 7.29(5).

(b) Any person subject to 310 CMR 7.29 shall comply with all other applicable regulations,

including, but not limited to: 310 CMR 7.02: U Plan Approval and Emission Limitations; 310

CMR 7.19: Reasonably Available Control Technology (RACT) for sources of Oxides of

Nitrogen (NOx); 310 CMR 7.28: NOx Allowance Trading Program; 310 CMR 7.70 CO2 

Budget Trading Program; 310 CMR 7.00: Appendix A: Emissions Offsets and Nonattainment 

Review; and 310 CMR 7.00: Appendix C: Operating Permit and Compliance Program. If 

provisions or requirements from any other regulation or permit conflict with a provision of 

310 CMR 7.29, the more stringent of the provisions will apply unless otherwise determined 

by the Department in the affected facility’s operating permit. Regardless of the Department's 

determination in the operating permit, any person subject to 310 CMR 7.29 shall comply with 

all applicable federal requirements.

(c) In the case of imminent threat to the reliability of New England’s electricity system, the

Department may promulgate an emergency regulation, as per M.G.L. c. 30A, §§ 2 and 3, to

mitigate the emergency situation.

(5) Emission Requirements.

(a) Emission Standards for Affected Facilities.

1. Nitrogen Oxides Emission Standards. 

a. Effective on the applicable data in 310 CMR 7.29(6)(c), emissions of nitrogen 

oxides shall not exceed an emission rate of 1.5 lbs./MWh calculated over any 

consecutive 12 month period, recalculated monthly; and, 

b. Effective on the applicable date in 310 CMR 7.29(6)(c), emissions of nitrogen

oxides shall not exceed an emission rate of 3.0 lbs./MWh calculated over any 

individual calendar month. 

2. Sulfur Dioxide Emission Standards.

a. Effective on the applicable date in 310 CMR 7.29(6)(c), emissions of sulfur dioxide

shall not exceed an emission rate of 6.0 lbs./MWh calculated over any consecutive 12

month period, recalculated monthly.

b. Effective on the applicable date in 310 CMR 7.29(6)(c),

i. Emissions of sulfur dioxide shall not exceed an emission rate of 3.0 lbs./MWh

calculated over any consecutive 12 month period, recalculated monthly; and,

ii. Emissions of sulfur dioxide shall not exceed an emission rate of 6.0 lbs./MWh

calculated over any individual calendar month.
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

(b) Compliance with the emission standards in 310 CMR 7.29(5)(a), may be demonstrated by

any combination of the following:

1. Dividing the total emissions of each pollutant by the total net electrical output from all

electric generating units subject to 40 CFR Part 72 located at the affected facility as of 

May 11, 2001 or repowered at the affected facility after May 11, 2001. 2. For the SO2

emission standards in 310 CMR 7.29(5)(a)2., using SO2 reductions at the affected facility 

below historical actual emissions which were made after May 11, 2001, and prior to the 

earliest applicable date set in 310 CMR 7.29(6). The total amount of tons produced 

through early reductions each year is calculated by multiplying the facility’s net electrical 

output for that year times (the historical actual emission rate minus that year’s actual

emission rate in lbs./MWh) divided by 2000. The amount of early reductions, with

supporting information, shall be provided to the Department prior to use for compliance 

with 310 CMR 7.29(5)(a)2.a.. Each ton of reduction may be used, once, to offset one ton 

of excess emissions from the facility. Excess emissions are any emissions above a level 

equal to the net electrical output of the facility times the applicable emission standard in 

310 CMR7.29 (5) (a) 2.

3. For the emission standards in 310 CMR 7.29(5) (a) 2.b., using SO2 allowances created

pursuant to 40 CFR Part 72 (the Federal Acid Rain Program). Three allowances shall be 

used to offset each ton of excess emissions above the emission standard. Such SO2

allowances shall be in addition to those allowances used by the facility to comply with 

the requirements of 40 CFR part72, and shall be transferred to the Department and retired 

for the benefit of the environment.

(6) Emission Control Plans, Compliance Paths and Compliance Dates.

(a) Emission Control Plan Deadline and General Provisions.

1. Any person who owns, leases, operates or controls an affected facility shall submit an

emission control plan for Department approval under 310 CMR 7.29 on or before January

1, 2002 regardless of the compliance path chosen.

2. Any person who owns, leases, operates or controls an affected facility who is required 

to submit an application for a plan approval under 310 CMR 7.02 shall submit an 

application for plan approval pursuant to 310 CMR 7.02 on or before January 1, 2003.

(b) Emission Control Plan Contents. The emission control plan submitted pursuant to 310 

CMR 7.29(6) shall include, but is not limited to, the following:

1. The name of the company and the affected facility.

2. A list of units at the affected facility that will be used to demonstrate compliance with 

310 CMR 7.29(5), including which units will be included in calculating historical actual

emissions.

3. The name of the company contact responsible for compliance with 310 CMR 7.29.

4. A statement that the affected facility has a monitoring plan in place which meets the

requirements of 40 CFR Part 72. Any modifications to an affected facility’s monitoring

methodology approved pursuant to the requirements of 40 CFR 72 are hereby 

incorporated into the approved emission control plan under 310 CMR 7.29.

5. Signature of the company contact responsible for compliance with 310 CMR 7.29.
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

6. Identification of the affected facility, including plant name and the ORIS or facility 

code assigned to the facility by the U.S. Energy Information Administration, if 

applicable.

7. A description of how the affected facility will comply with the emission standards

contained in 310 CMR 7.29(5), by the applicable compliance dates contained in 310 

CMR 7.29(6)(c), including, but not limited to, the control equipment the affected facility 

intends to use.

8. A proposed schedule with interim milestones for each activity leading to compliance 

with the requirements in 310 CMR 7.29(5). Such information shall include, but not be 

limited to, sufficient information to allow DEP to consult with the Division of Energy 

Resources and the Department of Telecommunications and Energy, to address any 

concerns with potential impacts to the reliability of the New England power system.

9. A description of how emission reduction measures implemented to achieve reductions

in one pollutant will optimize reductions in other pollutants.

11. Any other information requested by the Department.

(c) Compliance Paths and Compliance Dates.

1. Any person who owns, leases, operates or controls an affected facility who does not

choose to comply with the emissions standards in 310 CMR 7.29(5) by repowering a unit

subject to 40 CFR Part 72 at the affected facility, or is not required to receive a plan 

approval pursuant to 310 CMR 7.02 for construction, substantial reconstruction or 

alteration of a unit at the affected facility subject to 40 CFR Part 72 for the purpose of 

compliance with 310 CMR 7.29, shall begin to comply with the emission standards in 

310 CMR 7.29(5) by the following dates:

a. For the emission standards in 310 CMR 7.29(5)(a)1.a. and (5)(a)2.a., October 1, 

2004; and,

b. For the emission standards in 310 CMR 7.29(5)(a)1.b., and (5)(a)2.b., October 1, 

2006.

2. Any person who owns, leases, operates or controls an affected facility who chooses to

comply with the emissions standards in 310 CMR 7.29(5) by repowering at least one unit 

at the affected facility subject to 40 CFR Part 72, or is required to receive a plan approval

pursuant to 310 CMR 7.02 for construction, substantial reconstruction or alteration of a 

unit at the affected facility subject to 40 CFR Part 72 for the purpose of compliance with 

310 CMR 7.29, and submits, on or before January 1, 2003, an administratively complete

application pursuant to 310 CMR 7.02, shall begin to comply with the emission standards 

in 310 CMR 7.29(5) by the following dates:

a. For the emissions standards contained in 310 CMR 7.29(5)(a)1.a. and (5)(a)2.a.,

October 1, 2006, and

b. For the emissions standards contained in 310 CMR 7.29(5)(a)1.b. and (5)(a)2.b,

October 1, 2008.

3. If an affected facility has units with different applicable compliance dates for a 

particular standard, the later compliance date applies to all units at the affected facility.

(d) Interaction with 310 CMR 7.02. A plan approval under 310 CMR 7.02(1) may be required

for construction, substantial reconstruction or alteration of a unit at an affected facility to 

comply with 310 CMR 7.29. If such construction, substantial reconstruction or alteration to 
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

the facility triggers any applicable section under 310 CMR 7.02(4)(a) and 310 CMR 

7.02(5)(a), a plan approval under 310 CMR 7.02 is required. If a plan approval is required 

under 310 CMR 7.02, then upon the Department’s issuance of the plan approval, the 

Department will modify the affected facility’s emission control plan pursuant to 310 CMR 

7.29(6)(g).

(e) Public Comment. If the Department proposes to approve an emission control plan or

approve a plan with conditions, the Department shall issue a draft emission control plan 

approval. Upon issuance, the Department will publish a notice of public hearing and comment 

on the draft emission control plan approval, in accordance with M.G.L. c. 30A, at least 30 

days before the public hearing.

(f) Approval of the Emission Control Plan.

1. After the close of the public comment period, and consideration of any public 

comments, the Department shall issue a disapproval of the emission control plan, a final 

approval of the emission control plan, or a final approval of the emission control plan with 

conditions, based on whether the emission control plan as submitted meets the 

requirements of 310 CMR 7.29.

2. Upon final approval of an emission control plan, any person who owns, leases operates

or controls an affected facility shall implement and comply with the approved emission

control plan.

(g) Modification to an Affected Facility’s Operating Permit. For any person who owns, leases,

operates or controls an affected facility, the facility’s operating permit will be modified upon

approval of the emission control plan in accordance with the procedures in 310 CMR 7.00: 

Appendix C(8). No additional application or fee is necessary to modify the operating permit at 

the same time the emission control plan is approved.

(h) Modifications to an Affected Facility’s Emission Control Plan.

1. Any person subject to 310 CMR 7.29 may propose amendments to the approved 

emission control plan. If the Department proposes to approve such amendments, or 

approve such amendments with conditions, then the Department will publish a notice of 

public comment on the draft approval, in accordance with M.G.L. c. 30A. The Department 

will allow a 30 day public comment period following publication of the notice, and may 

hold a public hearing. Modifications to an affected facility’s monitoring system approved 

pursuant to the requirements of 40 CFR Part 72 are not subject to such public comment 

prior to approval.

(7) Reporting, Compliance Certification, and Recordkeeping.

(a) By January 30 of the year following the earliest applicable compliance date for the 

affected facility under 310 CMR 7.29(6)(c), and January 30 of each calendar year thereafter, 

the company representative responsible for compliance at each affected facility shall submit a 

report to the Department demonstrating compliance with the emission standards contained in 

310 CMR 7.29(5)(a) and in an approved emission control plan. The report shall demonstrate 

compliance with any applicable monthly emission rate for each month of the previous 

calendar year, and with any applicable 12-month emission rate for each of the 12 previous 

consecutive 12-month periods. (b) The compliance report shall contain the following:
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

1. Actual emissions for each pollutant, expressed in tons for SO2, and NOx, for each of the 

preceding 12 months, for each of the preceding four calendar quarters beginning October 

1, 2006 and preceding 12 months beginning January 1, 2008. Actual emissions shall be 

provided for individual units and as a facility total for all units included in the calculation 

demonstrating compliance. Actual emissions provided under 310 CMR 7.29 shall be 

reported in accordance with:

a. 40 CFR Part 75 for SO2, and NOx

2. Actual net electrical output for each of the preceding 12 months, expressed in 

megawatthours. Actual net electrical output shall be provided for individual units and as a 

facility total for all units included in the calculation demonstrating compliance.

3. The resulting output-based emission rates for each of the preceding 12 months, and 

each of the 12 consecutive rolling month time periods, expressed in pounds per megawatthour for SO2, and NOx. Output-based emission rates shall be provided for individual units 

and as a facility total for all units included in the calculation demonstrating compliance.

4. A compliance certification report, which shall contain the following elements:

a. A statement certifying that the monitoring data reflects operations at the affected

facility.

b. A statement that all SO2, and NOx emissions, from the affected facility were 

accounted for, either through the applicable monitoring or through application of the 

appropriate missing data procedures and reported in the quarterly reports. If

provisionally certified data were reported, the company representative responsible for 

compliance with 310 CMR 7.29 shall indicate whether the status of all provisionally

certified data was resolved and all necessary quarterly reports were submitted.

c. A statement certifying that the MWhs of net electrical output used in compliance

calculations reflect the total actual electrical output of the facility used by the New

England Independent System Operator to determine settlement resources of energy

market participants.

d. A statement notifying the Department of any changes in the method of operation at

the affected facility or the method of monitoring the units at the affected facility during

the previous year. If a change is reported, then specify the nature of the change, the

reason for the change, when the change occurred, and how the facility's compliance 

status was determined subsequent to the change, including what method was used to 

determine emissions when a change mandated the need for monitor re-certification.

e. A certification statement stating (verbatim): "I am authorized to make this 

submission on behalf of the owners, lessees, operators and controllers of the affected 

facilities for which the submission is made. I certify that I have personally examined 

the foregoing and am familiar with the information contained in this document and all 

attachments, and that based on my inquiry of those individuals immediately responsible 

for obtaining the information, I believe that the information is true, accurate, and 

complete. I am aware that there are significant penalties for submitting false 

information, including possible fines or imprisonment."

(c) The Department may verify compliance by whatever means necessary, including but not

limited to:

1. Inspection of a unit's operating records;
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

2. Requiring the person who owns, leases, operates or controls an affected facility to 

submit information on actual electrical output of company generating units provided to 

that person by the New England Independent System Operator;

3. Testing emission monitoring devices; and,

4. Requiring the person who owns, leases, operates or controls an affected facility to 

conduct emissions testing under the supervision of the Department.

(d) Any person who owns, leases, operates or controls an affected facility shall keep all

measurements, data, reports and other information required by 310 CMR 7.29 for five years, 

or any other period consistent with the affected facility's operating permit.