310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: Emissions Standards for Power Plants 

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

(NO.), sulfur dioxide (SO,), mercury (Hg), carbon monoxide (CO), carbon dioxide (CO,) and fine 

particulate matter (PM 2.5) (together "pollutants") from affected facilities in Massachusetts. 310 

CMR 7.29 accomplishes this by establishing output-based emission rates for NO., SO, and CO, and 

establishing a cap on CO, and Hg emissions from affected facilities. CO, emissions standards set 

forth in 310 CMR 7.29(5)(a)5 .a. and b. shall not apply to emissions that occur after December 31, 

2008 . 

(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 SO, and 500 tons of NO, 

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 . 

Alternate Hg Designated Renresentative means, for a coal-fired affected facility and each coal-fired 

unit at the facility, the natural person who is authorized by the owners and operators of the facility and 

all such units at the facility in accordance with 40 CFR 60 .4110 through 60.4114, to act on behalf of 

the Hg designated representative in matters pertaining to mercury monitoring, recordkeeping, 

reporting and compliance. 

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

direct or indirect data ofmass 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 . 

Automated Data Acquisition and Handling System or DAHS means that component of the mercury 

continuous emission monitoring system (CEMS), or other emissions monitoring system approved 

for use under 40 CFR 60 .4170 though 60.4176, designed to interpret and convert individual output 

signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other 

component parts of the monitoring system to produce a continuous record of the measured parameters 

in the measurement units required by 40 CFR 60.4170 through 60.4176. 

Block Hourly AveraQe 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 1', 

April 1", July 1°` or October 1°` . 

Calendar Year means any period beginning January 1" and ending December 31 ". 

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 SO, NO, or CO, emissions or stack gas volumetric flow rate . 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

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 three-year 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. 

Mercury (Hg) Designated Renresentative means, for a coal-fired affected facility and each coal-fired 

unit at the facility, the natural person who is authorized by the owners and operators of the facility and 

all such units at the facility, in accordance with 40 CFR 60 .4110 through 60 .4114, to represent and 

legally bind each owner and operator in matters pertaining to mercury monitoring, recordkeeping, 

reporting and compliance. 

Mercury Continuous Emission Monitoring System or Mercury CEMS means the equipment required 

under 40 CFR 60.4170 through 60 .4176 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 Hg emissions, stack gas volumetric flow rate, stack gas 

moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent 

with 40 CFR Part 75 . The following systems are the principal types of CEMS required under 40 CFR 

60 .4170 through 60 .4176: 

(a) A flow monitoring system, consisting of a stack flow rate monitor and an automated data 

acquisition and handling system and providing a permanent continuous record of stack gas 

volumetric flow rate, in units of standard cubic feet per hour (SCFH); 

(b) A Hg concentration monitoring system, consisting of a Hg pollutant concentration monitor 

and an automated data acquisition and handling system and providing a permanent, continuous 

record of Hg emissions in units of micrograms per dry standard cubic meter (~tg/dscm); 

(c) A moisture monitoring system, as defined in 40 CFR 75 .11(b)(2) and providing a permanent, 

continuous record of the stack gas moisture content, in percent HZO. 

(d) A carbon dioxide monitoring system, consisting of a CO, concentration monitor (or an 

oxygen monitor plus suitable mathematical equations from which the CO, concentration is 

derived) and an automated data acquisition and handling system and providing a permanent, 

continuous record of C02 emissions, in percent C02; and 

(e) An oxygen monitoring system, consisting of an Oz concentration monitor and an automated 

data acquisition and handling system and providing a permanent, continuous record of OZ, in 

percent 02 . 

Mercury MonitoringSystem means a mercury continuous emission monitoring system, an alternative 

monitoring system, or a sorbent trap monitoring system under 40 CFR Part 60 or 75 but does not 

mean the low mass emissions excepted monitoring methodology in 40 CFR 75 .81(d) . 

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) . 

ReUowering 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: 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

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 . 

Ro11inQ 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 . 

Sorbent Tray Monitoring System means the equipment required by 40 CFR Part 75 for the 

continuous monitoring ofmercury emissions, using paired sorbent traps containing iodinized charcoal 

(IC) or other suitable reagent(s). This excepted monitoring system consists of a probe, the paired 

sorbent traps, a heated umbilical line, moisture removal components, an airtight sample pump, a dry 

gas meter, and an automated data acquisition and handling system. The monitoring system samples 

the stack gas at a rate proportional to the stack gas volumetric flow rate . The sampling is a batch 

process. Using the sample volume measured by the dry gas meter and the results of the analyses of 

the sorbent traps, the average mercury concentration in the stack gas for the sampling period is 

determined, in units of micrograms per dry standard cubic meter (~Lg/dscm) . Mercury mass emissions 

for each hour in the sampling period are calculated using the average mercury concentration for that 

period, in conjunction with contemporaneous hourly measurements of the stack gas flow rate, 

corrected for the stack gas moisture content. 

Total Mercury means the sum of particulate-bound and vapor-phase (elemental and oxidized) 

mercury in combustion gases or emitted to the atmosphere. 

(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: UPlan Approval and Emission Limitations ; 310 

CMR 7.19: ReasonablyAvailable Control Technology (RACT) forsources of Oxides ofNitrogen 

(NO); 310 CMR 7.28: NO, Allowance Trading Program; 310 CMR 7.70 CO, 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 date in 310 CMR 7.29(6)(c), emissions of nitrogen oxides 

shall not exceed an emission rate of 1 .51bs./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.O lbs./MWh calculated over any individual calendar 

month. 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29 : continued 

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. 

3 . Mercury Emissions. 

a. By December 1, 2002, the Department will complete an evaluation of the 

technological and economic feasibility of controlling and eliminating emissions of 

mercury from the combustion of solid fossil fuel in Massachusetts in accordance with the 

Mercury Action Plan of the Conference of New England Governors and Eastern 

Canadian Premiers. 

b. Deleted. 

c. The Emission Control Plan submitted to the Department under 310 CMR 7.29(6) 

shall demonstrate, and any person who owns, leases, operates or controls an affected 

facility shall ensure, that beginning at the time of the affected facility's earliest applicable 

compliance date in 310 CMR 7.29(6)(c), or at the time of the facility's earliest applicable 

Phase 1 NOx and S02 compliance date under an administrative order existing prior to 

June 4, 2004, whichever is later, total annual mercury emissions from combustion of 

solid fuels in units subject to 40 CFR Part 72 located at an affected facility or from rebum of ash in Massachusetts will not exceed the average annual emissions calculated 

using the results of the stack tests required in 310 CMR 7.29(5)(a)3 .d .ii . . The average 

annual emissions calculated using the results of the stack tests required in 310 CMR 

7.29(5)(a)3 .d .ii . equal the average measured pounds of mercury emitted per million Btu 

consumed multiplied by the heat input in million Btu averaged over 1997, 1998 and 

1999 . A different three-calendar-year period within the five years prior to May 11, 2001 

may be used if requested by the owner of an affected facility, and if the Department 

determines that the different period is more representative of historical actual heat input. 

Total annual mercury emissions equal the total emissions from : 

i . combustion of solid fossil fuel in units subject to 40 CFR Part 72 located at an 

affected facility, determined using emissions testing at least every other calendar 

quarter from October 1, 2006 until a certified mercury monitoring system is used to 

demonstrate compliance with the standards in 310 CMR 7.29(5)(a)3 .e . or f., and 

using a certified mercury monitoring system thereafter, and 

ii . re-burn of ash, where such ash was produced by the combustion of fossil fuel or 

ash at any affected facility. When ash is re-burned at an affected facility, the 

associated mercury emissions shall be attributed to the affected facility at which the 

ash is re-burned. When ash produced by an affected facility is used in Massachusetts 

as a cement kiln fuel, as an asphalt filler, or in other high temperature processes that 

volatilize mercury, 

(i) the mercury content of the utilized ash shall be measured weekly using a 

method acceptable to the Department, 

(ii) all of the mercury in the utilized ash shall be assumed to be emitted, unless 

it can be demonstrated with data acceptable to the Department that a lesser 

amount of mercury is emitted, 

(iii) the associated mercury emissions shall be attributed to the affected facility 

from which the ash is shipped to the cement kiln, asphalt batching plant or other 

high temperature processing location, and 

(iv) a proposal shall be submitted for Department approval at least 45 days prior 

to such use, or at least 45 days prior to October 1, 2006, whichever is later, 

detailing the proposed measurement methods to be used to comply with 

7.29(5)(a)3 .c.ii .(i) and (ii). 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

d. Fuel Sampling and Stack Testing. 

i. Beginning on May 11, 2001 until August 1, 2002, any person who owns, leases, 

operates or controls an affected facility which combusts solid fossil fuel in a Part 72 

unit shall test each shipment of coal at the time received. The test shall be conducted 

by a method approved by the Department, and report the mercury and chlorine 

content of the coal. The results of each interim fuel testing shall be reported to the 

Department with the results of the next stack test as required in 310 CMR 

7.29(5)(a)3 .d.ii . 

ii. Any person who owns, leases, operates or controls an affected facility which 

combusts solid fossil fuel shall perform stack tests for mercury. The stack tests shall: 

- Be conducted using a DEP-approved test method detailed in a test protocol 

submitted to the Department at least 45 days before commencement of testing, 

and notify the Department of the specific date the test will be conducted at least 

30 days prior to conducting the test; 

- Test the mercury concentrations and species before all add-on air pollution 

control equipment (inlet) and after (outlet); 

- Be conducted as follows: One test shall be performed before August 1, 2001, 

A second test shall be performed after December 1, 2001 but not later than 

February 1, 2002, 

A third test shall be performed after June 1, 2002 but not later than August 1, 

2002 

- The results of each stack test shall be reported to the Department within 30 days 

after conducting each stack test . 

iii . Until a certified mercury monitoring system is installed, stack tests for mercury 

shall consist at a minimum of three runs at full load on each unit firing solid fossil 

fuel or ash according to a testing protocol acceptable to the Department. Unless a 

mercury monitoring system that measures particulate-bound mercury, either 

combined with or separate from the measurement of vapor-phase mercury, is 

installed at a unit for purposes of determining compliance with the standards in 310 

CMR 7.29(5)(a)3 .c ., e. and f., stack tests for mercury, and certification tests and 

Relative Accuracy Test Audits for mercury monitoring systems, shall determine total 

and particulate-bound mercury. Relative accuracy shall be calculated as specified in 

40 CFR Part 75 . The results of each stack test shall be reported to the Department 

within 45 days after conducting each stack test. 

e. Effective on January 1, 2008, or 15 months after the facility's earliest applicable 

Phase 1 NO. and SO, compliance date under an administrative order existing prior to 

June 4, 2004, whichever is later, any person who owns, leases, operates or controls an 

affected facility which combusts solid fossil fael or ash shall comply with at least one of 

the following mercury emissions standards: 

i . a facility average total mercury removal efficiency of 85% or greater for those 

units combusting solid fossil fuel or ash. The mercury removal efficiency based on 

a mercury monitoring system shall be calculated based on the average historic 

mercury inlet emissions determined under 310 CMR 7.29(5)(a)3 .d .ii . using the 

methodology approved by the Department in the monitoring plan required under 310 

CMR 7.29(5)(a)3 .g . and shall be calculated on a rolling 12 month basis; or 

ii. a facility average total mercury emissions rate of 0.0075 lbs./GWh or less for 

those units combusting solid fossil fuel or ash. The mercury emissions rate based on 

a mercury monitoring system shall be calculated using the mercury mass emissions 

methodology specified in 40 CFR Part 75 and approved by the Department in the 

monitoring plan required under 310 CMR 7.29(5)(a)3 .g . and shall be calculated on 

a rolling 12 month basis. 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

iii . Notwithstanding 310 CMR 7.29(5)(a)3 .e .i. and ii ., any person who owns, leases, 

operates or controls an affected unit which combusts solid fossil fuel or ash and has 

an enforceable commitment with the Department to terminate operations by January 

1, 2010, may comply with 310 CMR 7.29 (5xa)3 .e .i. or ii . through January 1, 2010 

by complying with an approved 310 CMR 7.29 emission control plan modification 

achieving early or off-site reductions. To comply with the foregoing, such person 

shall propose under 310 CMR 7.29(6)(h) 1 . to amend the approved emission control 

plan . Such early or off-site reductions shall be in an amount of at least the equivalent 

mass of mercury reductions required under 310 CMR 7.29 (5)(a)3.e.i . or ii . Any 

early reductions shall be accrued on-site at the stack prior to the compliance date 

effective under 310 CMR 7.29(5)(a)3 .e. Any off-site mercury air emission reductions 

shall be accrued on at least a one pound reduced for one pound credited basis from 

facilities located in the same DEP Region as the affected unit. Any other off-site 

mercury reductions shall be accrued on at least a ten pounds reduced for one pound 

credited basis from facilities located in the same DEP Region as the affected unit. 

f. Effective on October 1, 2012, any person who owns, leases, operates or controls an 

affected facility which combusts solid fossil fuel or ash shall comply with at least one of 

the following mercury emissions standards: 

i. a facility average total mercury removal efficiency of 95% or greater for those 

units combusting solid fossil fuel or ash. The mercury removal efficiency shall be 

calculated based on a mercury monitoring system as provided in 310 CMR 

7.29(5xa)3.e .i. ; or 

ii . an average total mercury emission rate of 0.00251bs ./GWh or less for those units 

combusting solid fossil fuel or ash. The mercury emission rate shall be calculated 

based on a mercury monitoring system as provided in 310 CMR 7.29(5)(a)3 .e .ii . 

g. Mercury Monitoring Systems. 

i. By January 1, 2008, any person who owns, leases, operates or controls an affected 

facility which combusts solid fossil fuel or ash shall install, certify, and operate a 

mercury monitoring system in accordance with 40 CFR Part 75 and 40 CFR 

60 .4106(b)(1) to measure mercury stack emissions from each solid fossil fuel- or ashfired unit at a facility subject to 310 CMR 7.29. Any person required to install a 

mercury monitoring system shall submit a monitoring plan for Department approval 

and shall propose to amend the approved emission control plan in accordance with 

310 CMR 7.29(6)(n) 1 . to incorporate the mercury monitoring approach at least 45 

days prior to the commencement of initial certification testing. 

ii . Affected facilities must include in their monitoring plan a proposed methodology 

to demonstrate compliance with the emission standards in 310 CMR 7.29(5)(a)3 .e . 

and f. 

iii. If a mercury monitoring system capable of measuring only vapor-phase mercury 

is installed at a unit for purposes of determining compliance with the standards in 310 

CMR 7.29(5)(a)3 .c ., e. and f., total mercury shall be determined by taking into 

account the average particulate-bound mercury measured during the most recent stack 

test on that unit in combination with the total vapor-phase mercury measured by the 

mercury monitoring system until such time as a mercury monitoring system to 

measure particulate-bound mercury is installed and operational at a unit. 

iv . (i) Notwithstanding 310 CMR 7.29(5)(a)3 .g.i., a unit with an enforceable 

commitment to terminate operations by January 1, 2010 and that qualifies to use 

the mercury low mass emissions excepted monitoring methodology under 

40 CFR 75 .81(b) may choose between quarterly stack testing and a mercury 

monitoring system to document mercury emissions in the period from 

January 1, 2008 until the time such unit terminates operation or January 1, 2009, 

whichever is earlier. 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

(ii) Notwithstanding 310 CMR 7.29(5)(a)3 .g.i ., a unit with an enforceable 

commitment to terminate operations by January 1, 2010 and that qualifies to use 

the mercury low mass emissions excepted monitoring methodology under 40 

CFR 75 .81(b) may choose between the low mass emissions excepted monitoring 

methodology with retests conducted at least every calendar quarter and a mercury 

monitoring system to document mercury emissions in the period from January 

1, 2009 until the time such unit terminates operation or January 1, 2010, 

whichever is earlier; however, if such a unit must install a mercury monitoring 

system to meet a federal requirement, then the mercury monitoring system shall 

document mercury emissions instead of stack testing. 

4. Carbon Monoxide Emission Standards. (Reserved.) 

5. Carbon Dioxide Emission Standards. 

a. By September 1, 2009, any person who owns, leases, operates or controls an affected 

facility shall demonstrate that emissions of carbon dioxide from the affected facility in 

calendar years 2006, 2007, and 2008, expressed in tons, from Part 72 units located at the 

affected facility did not exceed historical actual emissions. If the Department has 

received a technically complete plan approval application under 310 CMR 7.02 for a new 

or repowered electric generating unit subject to 40 CFR Part 72 at an affected facility 

prior to May 11, 2001, then the emissions from the new or repowered unit may be 

included in the calculation of historical actual emissions. The calculation of historical 

actual emissions which includes emissions from a new or repowered unit shall not 

include emissions from any unit shutdown or removed from operation at the affected 

facility that is included in the technically complete plan approval application pursuant to 

310 CMR 7.02. These emissions standards shall not apply to the emissions of C02 that 

occur after December 31, 2008 . 

b. By September 1, 2009, any person who owns, leases, operates or controls an affected 

facility shall demonstrate to the Department that the average emission rate of carbon 

dioxide from Part 72 units located at the affected facility did not exceed an emission rate 

of 1800 lbs./MWh in calendar year 2008 . The average emission rate is calculated by 

dividing the total number of pounds of CO, emitted by the affected facility in the 

calendar year by the net electrical output for the affected facility for the same calendar 

year. These emissions standards shall not apply to the emissions of C02 that occur after 

December 31, 2008 . 

c. Compliance with 310 CMR 7.29(5)(a)5 .a . maybe demonstrated by using emission 

reductions, avoided emissions or sequestered emissions verified under 310 CMR 7.00: 

Appendix B(7) to offset emissions above the historical actual emissions, provided the 

Department determines such emission reductions, avoided emissions or sequestered 

emissions are real, additional, verifiable, permanent, and enforceable, as defined in 310 

CMR 7.00: Appendix B(7) or by using the GHG Expendable Trust under the conditions 

specified in 310 CMR 7.00: Appendix B(7)(d)5 . 

d. Compliance with 310 CMR 7.29(5)(a)5 .b . maybe demonstrated by using emission 

reductions, avoided emissions or sequestered emissions verified under 310 CMR 

7.00: Appendix B(7) to offset excess emissions, provided the Department determines 

such emission reductions, avoided emissions or sequestered emissions are real, 

additional, verifiable, permanent, and enforceable as defined in 310 CMR 7.00: Appendix 

B(7) or by using the GHG Expendable Trust under the conditions specified in 310 CMR 

7.00: Appendix B(7)(d)5 . Excess emissions are any emissions above the net electrical 

output of the facility times 18001bs./MWh. 

6. Fine Particulate Matter Emissions Standards . (Reserved.) 

(b) Compliance with the emission standards in 310 CMR 7.29(5)(a), maybe 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 . For demonstrating 

compliance with the mercury emissions standards in 310 CMR 7.29(5)(a)3 ., the person who 

owns, leases, operates or controls an affected facility shall include in the calculation only 

units that fire solid fossil fuel or ash, or that repowered a unit that fired solid fossil fuel or ash. 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

2. For the S02 emission standards in 310 CMR 7.29(5)(a)2 ., using SO, 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 CMR 

7.29(5)(a)2 . 

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

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

of 40 CFR part 72, and shall be transferred to the Department and retired for the benefit of 

the environment. 

(6) Emission Control Plans, Comyliance 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 

l, 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 . 

3 . Any person who owns, leases, operates, or controls an affected facility which installs 

mercury control equipment that is not already contained in an emission control plan approval 

under 310 CMR 7.29 shall submit a mercury emissions control plan amendment application 

under 310 CMR 7.29(6)(h) at least 90 days before intended installation and may not install 

such equipment until receiving approval of the revision . 4. Any person who owns, leases, operates or controls an affected facility which combusts 

solid fossil fuel shall by December 4, 2004, propose under 310 CMR 7.29(6)(h) 1 . to amend 

the approved emission control plan to incorporate the mercury emission cap established in 

310 CMR 7.29(5)(a)3 .c. Notwithstanding 310 CMR 7.29(5xa)3.c., any facility with average 

annual emissions of less than five pounds, calculated using the results of the stack tests 

required in 310 CMR 7.29(5)(a)3 .d.ii ., may propose and be approved to use early or off-site 

reductions to demonstrate compliance with 310 CMR 7.29(5)(a)3 .c . through September 30, 

2012 . Any early reductions shall be accrued on-site at the stack prior to the compliance date 

effective under 310 CMR 7.29(5)(a)3 .c . Any off-site mercury air emission reductions shall 

be accrued on at least a one pound reduced for one pound credited basis from facilities 

located in the same DEP Region as the affected unit. Any other off-site mercury reductions 

shall be accrued on at least a ten pounds reduced for one pound credited basis from facilities 

located in the same DEP Region as the affected unit. 

(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. 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

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 . 

10 . A description of the sampling and testing protocol(s) meeting the requirements of 310 

CMR 7.29(5)(a)3 .d. 

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) l .a . and (5)(a)2.a., October 1, 2004 ; 

and, 

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

October 1, 2006, and 

b. For the emissions standards contained in 310 CMR 7.29(5)(a)l .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 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 . 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

(7) 

(f) Aptnroval 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. 

2. For the purposes of evaluating system performance, testing new technology or control 

technologies, diagnostic testing, or other related activities that are anticipated to reduce air 

pollution or advance the state-of-the-art technology for controlling facility mercury emissions, 

the Department may issue an ECP approval in the form of a limited amendment to the ECP 

for a limited period of time for the purpose of achieving compliance with the requirements 

of 310 CMR 7.29(5)(a)3 .e. and f. The Department approval will detail the duration of the 

time period and how the facility shall report under 310 CMR 7.29(7)(b) for the duration of 

the time period . The Department will publish a notice of public comment on the draft 

approval . The Department will allow a ten day public comment period following publication 

of the notice, and may hold a public hearing. 

Reporting, Compliance Certification, and Recordkeepin~. 

(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 ofthe 12 previous consecutive 12-month periods. 

For the mercury standards at 310 CMR 7.29(5)(a)3 .c., the compliance reports due January 30, 

2007 and 2008 shall include the quarterly emissions for each quarter beginning October 1, 2006 . 

For the mercury standards at 310 CMR 7.29(5)(a)3 .c ., e., and f., the compliance report due 

January 30, 2009 and each report thereafter shall demonstrate compliance with any applicable 

annual standard for the previous calendar year and with any applicable 12-month standard for 

each of the 12 previous consecutive 12-month periods. 

(b) The compliance report shall contain the following: 

1 . Actual emissions for each pollutant, expressed in tons for SO2, COZ, and NO for each 

of the preceding 12 months and expressed in thousandths of ounces for mercury, for each of 

the preceding four calendar quarters beginning October 1, 2006 and preceding 12 months 

beginning January l, 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 SOZ, C02, and NO., and, no later than January 1, 2009, for 

mercury, 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

b. for the standards at 310 CMR 7.29(5)(a)3 .c .i . based on stack tests, by calculating the 

thousands of ounces of mercury from : 

i. the average measured pounds of mercury emitted per million Btu consumed for 

the calendar year multiplied by 

ii, the heat input determined under 40 CFR Part 75 for the calendar year. Affected 

facilities may choose to subtract the heat input attributable to combustion of fuels 

other than solid-fossil fuel and ash if such heat input is determined using the 

procedures of 40 CFR Part 75 Appendix D. 

c. for the standards at 310 CMR 7.29(5)(a)3 .c.ii ., by assuming all of the mercury in the 

utilized ash is emitted, unless a lesser amount of mercury has been approved under 310 

CMR 7.29(5)(a)3 .c.ii .(iv). 

d. Any particulate-bound mercury accounted for under the provisions of 310 CMR 

7.29(5)(a)3.g .ii. shall be calculated from: 

i. the most recent average measured pounds of particulate mercury emitted per 

million Btu consumed multiplied by 

ii . the heat input determined under 40 CFR Part 75 for each calendar month. 

Affected facilities may choose to subtract the heat input attributable to combustion 

of fuels other than solid-fossil fuel and ash if such heat input is determined using the 

procedures of 40 CFR Part 75 Appendix D. 

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 megawatt-hour for 

SO,, CO,, and NO, and pounds per gigawatt-hour for mercury. 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 SO,, CO,, and NO, emissions, and, beginning January l, 2009, 

all mercury 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; 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.29: continued 

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 . 

(e) For units that apply carbon or other sorbent injection for mercury control, the following 

records shall be kept until such time as a mercury monitoring system is installed at that unit: 

1 . The average carbon or other sorbent mass feed rate (in lbs/hr) estimated during the initial 

mercury optimization test and all subsequent mercury emissions tests, with supporting 

calculations . 

2. The average carbon or other sorbent mass feed rate (in lbs/hr) estimated for each hour of 

operation, with supporting calculations . 

3. The total carbon or other sorbent usage for each calendar quarter, with supporting 

calculations . 

4. The carbon or other sorbent injection system operating parameter data for the 

parameter(s) that are the primary indicator(s) of carbon or other sorbent feed rate . 

5. Identification of the calendar dates when the average carbon or other sorbent mass feed 

rate recorded under 310 CMR 7.29(7)(e)2. was less than the hourly carbon feed rate estimated 

during and recorded under 310 CMR 7.29(7)(e) l., with reasons for such feed rates and a 

description of corrective actions taken. 

6. Identification of the calendar dates when the carbon injection or other sorbent system 

operating parameter(s) that are the primary indicator(s) of carbon or other sorbent mass feed 

rate recorded under 310 CMR 7.29(7)(e)4. are below the level(s) estimated during the 

optimization tests for mercury with reasons for such occurrences and a description of 

corrective actions taken. 

(f) For units that apply technology other than carbon or other sorbent for mercury control, the 

operating parameter records to be kept until such time as a mercury monitoring system is installed 

at that unit shall be proposed to the Department in the emission control plan application required 

under 310 CMR 7.29(6)(a)3 . 

(g) For mercury monitoring, recordkeeping and reporting, any person who owns, leases, operates 

or controls an EGU (as defined in 40 CFR 60.24(hx8)) at an affected facility shall comply with 

all mercury monitoring, recordkeeping and reporting requirements in 40 CFR Part 75 and 

"Monitoring and Reporting" in 40 CFR Part 60 Subpart HHHH and any additional mercury 

monitoring, recordkeeping and reporting requirements the Department deems necessary and 

specifies in the facility's ECP or mercury monitoring plan approval . In implementing the 

provisions of 40 CFR Part 75 and 40 CFR Part 60 Subpart HHHH concerning monitoring of 

mercury mass emissions, the terms used therein shall have the meanings defined in 40 CFR Part 

72 and Part 60 respectively; provided, however, that the term Permitting Authority shall mean 

the Department, the term HQ Budget Trading Pro~ram shall mean 310 CMR 7.02 and 7.29, and 

the term HQ Budget Unit shall mean an EGU (as defined in 40 CFR 60.24(h)(8)). 

(h) For selection of a Hg Designative Representative, any person who owns, leases, operates or 

controls an EGU (as defined in 40 CFR 60.24(h)(8)) at an affected facility must select a Hg 

Designated Representative for each affected facility, and may select an Alternate Hg Designated 

Representative, pursuant to the requirements of "Hg Designated Representative For Hg Budget 

Sources" in 40 CFR Part 60 Subpart HEM. In implementing the provisions of 40 CFR Part 60 

Subpart BIM, the terms used in that subpart shall have the meanings defined in 40 CFR Part 

60; provided, however, that the term Permitting Authority shall mean the Department, the term 

Hg Budget Trading Pro;2ram shall mean 310 CMR 7.02 and 7.29, and the term Hp, Budget Unit 

shall mean an EGU (as defined in 40 CFR 60.24(h)(8)) . 

(i) Any person subject to 310 CMR 7.29(5)(a)3 . shall submit the results of all mercury 

emissions, monitor, and optimization test reports, along with supporting calculations, to the 

Department within 45 days after completion of such testing.