Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Appendix C - OPERATING PERMIT AND COMPLIANCE PROGRAM

Current through Register 1525, July 5, 2024
(1)
Definitions
: Terms used in
				310 CMR
				7.00:
Appendix C
are defined at
				310 CMR
				7.00:
Definitions
or in
				310 CMR
				7.00:
Appendix C
. Where a term is
				defined in both
				310 CMR
				7.00:
Definitions
and in
				310 CMR
				7.00:
Appendix C
, the definition in
				310 CMR
Affected Source
means a source that
				includes one or more affected units.
Affected State
means any state:
(a) Whose air quality may be affected and is contiguous to
				Massachusetts; or
(b) Which is located within 50 miles of a facility subject to
				the operating permit and compliance program in Massachusetts.
Affected Unit
means a fossil fuel
				fired combustion device subject to the emission reduction requirements or
				limitations under Title IV (Acid Rain) of
				42 U.S.C.
				7401.
Allowance
means an authorization by
				the Administrator of the United States Environmental Protection Agency (EPA)
				under the Acid Rain Program, to emit up to one ton of sulfur dioxide during or
				after a specified calendar year.
Applicable Requirement
means all of
				the following as they apply to emissions units or control equipment in a
				facility subject to the requirements of
				310 CMR
				7.00:
Appendix C
. This includes
				requirements that have been promulgated or approved by EPA through rule making
				at the time of issuance but have future-effective compliance dates:
(a) Any standard or other requirement provided for in the
				applicable implementation plan, contained at
				310 CMR
				7.00 approved or promulgated by EPA through rulemaking
				under
				42 U.S.C.
				7401, Title I that implements the relevant
				requirements of
				42 U.S.C.
				7401, including any revisions to that plan
				promulgated in 40 CFR Part 52;
(b) Any term or condition of any approval issued by the
				Department pursuant to any regulation under
				310 CMR
				7.00 which has been approved or promulgated through
				rulemaking under
				42 U.S.C.
				7401, Title I, including parts C or D
				(310 CMR
				7.00:
Appendix A
or
				40 CFR
				52.21 PSD approvals), of
				42 U.S.C.
				7401;
(c) Any standard or other requirement under
				42 U.S.C.
				7401, The Clean Air Act, § 111,
				including § 111(d) (New Source Performance Standards (NSPS));
(d) Any standard or other requirement under
				42 U.S.C.
				7401, The Clean Air Act, § 112,
				including any requirement concerning accident prevention under
				42 U.S.C.
				7401, The Clean Air Act, § 112(r)(7)
				(National Emission Standard for Hazardous Air Pollutants
(NESHAPS));
(e) Any standard or other requirement of the acid rain program
				under Title IV of
				42 U.S.C.
				7401 or the regulations promulgated
				thereunder;
(f) Any requirement(s) established pursuant to
				42 U.S.C.
				7401, §
								504(b)
				(monitoring and analysis) or § 114(a)(3) (enhanced monitoring 40 CFR Part
				64 regulations);
(g) Any standard or other requirement governing solid waste
				incineration, under
				42 U.S.C.
				7401, The Clean Air Act, § 129;
(h) Any standard or other requirement for consumer and
				commercial products, under
				42 U.S.C.
				7401, The Clean Air Act § 183(e);
(i) Any standard or other requirement for tank vessels under
				42 U.S.C.
				7401, The Clean Air Act, §
				183(f);
(j) Any standard or other requirement of the program to control
				air pollution from outer continental shelf sources, under
				42 U.S.C.
				7401, § 328;
(k) Any standard or other requirement of the regulations
				promulgated to protect stratospheric ozone under
				42 U.S.C.
				7401, Title VI, unless the EPA has determined
				that such requirements need not be contained in an operating permit;
(l) Any national ambient air quality standard or increment or
				visibility requirement under
				42 U.S.C.
				7401, Title I, part C but only as it would
				apply to temporary sources permitted pursuant to
				42 U.S.C.
				7401, §
								504(e);
				and
(m) Any other standard or requirement contained in
				310 CMR
				7.00 that has not been approved or promulgated by EPA
				through rulemaking under
				42 U.S.C.
				7401, Title I. These applicable requirements
				would be listed as a "state only" enforceable provision of an operating
				permit.
Carbon Dioxide Equivalent
, or
CO e
, means the amount of GHG emitted by a facility,
				computed by multiplying the mass amount of emissions in tons per year for each
				of the six greenhouse gases in the pollutant GHG, by each gas's associated
				global warming potential set forth in 40 CFR part 98 subpart A Table A-1 -
				Global Warming Potentials, and summing the resultant value for each to compute
				tons per year CO2e.
Complete Application
means an
				application, filed on form(s) specified by the Department, that is completed
				consistent with the criteria set forth in the instructions for the application
				form(s). To be deemed complete, an application must provide all information
				required pursuant to
				310 CMR
				7.00:
Appendix C
(5)b., except that
				applications for permit modifications or amendments need supply such
				information only if it is related to the proposed change. Information submitted
				must be sufficient to evaluate the subject source(s) and its application; and
				to determine all applicable requirements, and shall be submitted over the
				signature of a responsible official who certifies the submitted information is
				in accordance with
				310 CMR
				7.00:
Appendix C
(5)(b)9. and (5)(c).
				The source(s)' ability to operate without a permit, as set forth in
				310 CMR
				7.00:
Appendix C
(11) (application
				shield), shall be in effect from the date the application is determined or
				deemed to be complete until the final permit is issued, provided that the
				applicant submits any requested additional information by the deadline
				specified by the Department.
Designated Representative
shall have
				the meaning given to it in
				42 U.S.C.
				7401, §
								402(26)
				and the regulations promulgated thereunder.
Draft Permit
means the version of an
				operating permit which is released for an opportunity for comment by the
				public, EPA or an affected state in compliance with
				310 CMR
				7.00:
Appendix C
(6)(a) prior to the
				Department's final decision on an operating permit application.
Emergency
means any situation arising
				from sudden and reasonably unforeseeable events beyond the control of the
				source, including acts of God, which situation would require immediate
				corrective action to restore normal operation, and that causes the source to
				exceed a technologybased emission limitation under the permit, due to
				unavoidable increases in emissions attributable to the emergency. An emergency
				shall not include noncompliance to the extent caused by improperly designed
				equipment, lack of preventative maintenance, careless or improper operation,
				operator error or decision to keep operating despite knowledge of any of these
				things.
Emissions Unit(s)
means any part or
				activity of a facility that emits or has the potential to emit any regulated
				air pollutant or any pollutant listed under
				42 U.S.C.
				7401, the Clean Air Act, § 112(b). This
				term is not meant to alter or affect the definition of the term "unit" for
				purposes of
				42 U.S.C.
				7401, Title IV (the acid rain provisions).
				Further clarification of the scope of "emission unit(s)" is provided by the
				Department by policy.
Emissions Allowable Under the Permit
means a federally enforceable permit term or condition determined at issuance
				to be required by an applicable requirement that establishes an emissions limit
				(including a work practice standard), or a federally enforceable emissions
				cap.
Facility
means any installation or
				establishment and associated equipment, located on the same, adjacent or
				contiguous property, capable of emissions and are under control of the same
				person.
Final Operating Permit
means the
				version of an operating permit issued by the Department that has completed all
				review procedures required by
				310 CMR
				7.00:
Appendix C
including EPA
				review.
Fugitive Emissions
are those emissions
				which could not reasonably pass through a stack, chimney, vent, or other
				functionally-equivalent opening.
General Operating Permit
means a
				standardized operating permit that the Department may make applicable to
				numerous similar operation(s) or facilities under
				310 CMR
				7.00:
Appendix C
(15).
GHG Mass Basis
means the sum of the
				mass amount of emissions in tons per year of the six greenhouse gases in the
				pollutant GHG prior to multiplying by each gas's associated global warming
				potential set forth in 40 CFR part 98 subpart A Table A-1 -
Global
				Warming Potentials
.
Greenhouse Gas (GHG)
means the air
				pollutant that is the aggregate of the group of six gases: Carbon dioxide
				(CO2), Methane (CH4), Nitrous
				oxide (N2O), Hydrofluorocarbons (HFCs), Perfluorocarbons
				(PFCs), and Sulfur hexafluoride (SF6).
Hazardous Air Pollutant (HAP)
means an
				air contaminant listed by EPA as a HAP, pursuant to
				42 U.S.C.
				7401, §
								112.
				That list is incorporated by reference in
				310 CMR
				7.00:
Appendix C
, together with all
				amendments and supplements thereto. A copy of the list is available from the
				Department.
Laboratory Hoods
means a boxlike
				non-production structure intended for placement on a table or bench; the bench
				and the hood may be one integral structure. The opening(s) is provided with a
				sash or sashes that move vertically or horizontally to close the opening(s).
				Provisions are made for exhausting air from the top or back of the hood, and
				adjustable internal baffles are provided to obtain air flow distribution across
				the open face(s). Laboratory hoods may include those used for special purposes
				such as, but not limited to, capturing gases from equipment such as atomic
				absorption, gas chromatograph, liquid pouring or mixing stations and heat
				sources. It may additionally include floor mounted hoods with sash and/or doors
				for closing the open face.
Major Source
means any stationary
				source (or any group of stationary sources that are located on one or more
				contiguous or adjacent properties, and are under common control of the same
				person (or persons under common control)) belonging to a single major
				industrial grouping and that are described in
				310 CMR
				7.00:
Appendix C
Major
				Source
. For the purpose of defining "major source," a stationary
				source or group of stationary sources shall be considered part of a single
				industrial grouping if all of the pollutant emitting activities at such source
				or group of sources on contiguous or adjacent properties belong to the same
				Major Group (
i.e.
, all have the same two-digit code) as
				described in the Standard Industrial Classification Manual, 1987.
				Notwithstanding the previous statement, for the purpose of determining major
				source under
				42 U.S.C.
				7412, The Clean Air Act, §112, all
				hazardous air pollutants as defined under
				42 U.S.C.
				7412, The Clean Air Act, § 112 shall be
				summed regardless of the SIC code classification of the process emitting said
				pollutant(s).
(a) A major source under
				42 U.S.C.
				7401, The Clean Air Act § 112 which is
				defined as: 1. For pollutants other than radionuclides, any stationary source
				or group of stationary sources located within a contiguous area and under
				common control that emits or has the potential to emit, in the aggregate, ten
				tons per year (tpy) or more of any hazardous air pollutant which has been
				listed pursuant to
				42 U.S.C.
				7401, The Clean Air Act, § 112(b), 25
				tpy or more of any combination of such hazardous air pollutants, or such lesser
				quantity as the Administrator may establish by rule. Notwithstanding the
				preceding sentence, emissions from any oil or gas exploration or production
				well (with its associated equipment) and emissions from any pipeline compressor
				or pump station shall not be aggregated with emissions from other similar
				units, whether or not such units are in a contiguous area or under common
				control, to determine whether such units or stations are major sources;
				or
2. For radionuclides, "major source" shall have the meaning
				specified by the Administrator by rule.
(b) A major stationary source of air pollutants, as defined in
				42
				U.S.C. 7602, The Clean Air Act, § 302,
				that directly emits or has the potential to emit, 100 tpy or more of any air
				pollutant (including any major source of fugitive emissions of any such
				pollutant, as determined by rule by the Administrator). The fugitive emissions
				of a stationary source shall not be considered in determining whether it is a
				major stationary source for the purposes of
				42
				U.S.C. 7602, The Clean Air Act, §
				302(j), unless the source belongs to one of the following categories of
				stationary source:
1. Coal cleaning plants (with thermal dryers);
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction plants;
7. Primary copper smelters;
8. Municipal incinerators capable of charging more than 250
				tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid plants;
10. Petroleum refineries;
11. Lime plants;
12. Phosphate rock processing plants;
13. Coke oven batteries;
14. Sulfur recovery plants;
15. Carbon black plants (furnace process);
16. Primary lead smelters;
17. Fuel conversion plant;
18. Sintering plants;
19. Secondary metal production plants;
20. Chemical process plants;
21. Fossil-fuel boilers (or combination thereof) totaling more
				than 250 million British thermal units per hour heat input;
22. Petroleum storage and transfer units with a total storage
				capacity exceeding 300,000 barrels;
23. Taconite ore processing plants;
24. Glass fiber processing plants;
25. Charcoal production plants;
26. Fossil-fuel-fired steam electric plants of more than 250
				million British thermal units per hour heat input; or
27. All other stationary source categories regulated by a
				standard promulgated under
				42 U.S.C.
				7411 and
				7412,
				The Clean Air Act, §§ 111 and 112.
(c) A major stationary source as defined in
				42 U.S.C.
				7401, Title I, part D, including:
1. For ozone non attainment areas, sources with the potential
				to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in
				areas classified as "marginal" or "moderate," 50 tpy or more in areas
				classified as "serious," 25 tpy or more in areas classified as "severe," and
				ten tpy or more in areas classified as "extreme"; except that the references in
				this paragraph to 100, 50, 25, and ten tpy of nitrogen oxides shall not apply
				with respect to any source for which the Administrator has made a finding,
				under
				42 U.S.C.
				7401, The Clean Air Act, § 182(f)(1) or
				(2), that requirements under
				42 U.S.C.
				7401, The Clean Air Act, § 182(f) do not
				apply;
2. For ozone transport regions established pursuant to
				42 U.S.C.
				7401, The Clean Air Act, § 184 sources
				with the potential to emit 50 tpy or more of volatile organic compounds;
3. For carbon monoxide non attainment areas:
a. that are classified as "serious," and
b. in which stationary sources contribute significantly to
				carbon monoxide levels as determined under rules issued by the Administrator,
				sources with the potential to emit 50 tpy or more of carbon monoxide;
				and
4. For particulate matter (PM-10) non attainment areas
				classified as "serious," sources with the potential to emit 70 tpy or more of
				PM-10.
Operating Permit
means any permit or
				group of permits covering emission unit(s) at a facility subject to the
				permitting requirement of
				310 CMR
				7.00:
Appendix C
that is issued,
				renewed, amended or revised pursuant to
				310 CMR
				7.00:
Appendix C
.
Permit Modification
means a revision
				to any operating permit issued under
				310 CMR
				7.00:
Appendix C
that does not meet
				the requirements for an administrative amendment.
Proposed Permit
means the version of a
				permit that the Department proposes to issue and forwards to the EPA for review
				in compliance with
				310 CMR
				7.00:
Appendix C
(6) and
				40 CFR
				70.8.
Regulated Air Pollutant
means the
				following:
(a) Nitrogen oxides or any volatile organic compound;
(b) Any pollutant for which a national ambient air quality
				standard has been promulgated; (c) Any pollutant that is subject to any
				standard promulgated under
				42 U.S.C.
				7401, The Clean Air Act, § 111, New
				Source Performance Standard 40 CFR Part 60;
(d) Any Class I or II substance subject to a standard
				promulgated under or established by
				42 U.S.C.
				7401, Title VI; or
(e) Any pollutant subject to a standard promulgated under
				42 U.S.C.
				7401, The Clean Air Act, § 112, National
				Emissions Standards for Hazardous Air Pollutants, 40 CFR Part 61 , or other
				requirements established under
				42 U.S.C.
				7401, The Clean Air Act, § 112,
				including §§ 112(g), (j), and (r), including the following:
1. Any pollutant subject to requirements under
				42 U.S.C.
				7401, §
								112(j).
				If the EPA fails to promulgate a standard by the date established pursuant to
				42 U.S.C.
				7401, The Clean Air Act, § 112(e), any
				pollutant for which a subject source would be major shall be considered to be
				regulated on the date 18 months after the applicable date established pursuant
				to
				42 U.S.C.
				7401, The Clean Air Act, § 112(e);
				and
2. Any pollutant for which the requirements of
				42 U.S.C.
				7401, §
								112(g)(2)
				have been met, but only with respect to the individual source subject to
				42 U.S.C.
				7401, §
								112(g)(2)
				requirement.
Renewal
means the process by which a
				permit can be reissued at the end of its term or earlier should the Department
				determine a modification meets the requirements of renewal.
Responsible Official
means one of the
				following:
(a) For a corporation: a president, secretary, treasurer, or
				vice-president of the corporation in charge of a principal business function,
				or any other person who performs similar policy or decision-making functions
				for the corporation, or a duly authorized representative of such person if the
				representative is responsible for the overall operation of one or more
				manufacturing, production, or operating facilities applying for or subject to a
				permit and either:
1. the facilities employ more than 250 persons or have gross
				annual sales or expenditures exceeding $25 million (in second quarter 1980
				dollars); or
2. the delegation of authority to such representative is
				approved in advance in writing by the Department;
(b) For a partnership or sole proprietorship: a general partner
				or the proprietor, respectively;
(c) For a municipality, State, Federal, or other public agency:
				either a principal executive officer or ranking elected official. For the
				purposes of this part, a principal executive officer of a Federal agency
				includes the chief executive officer having responsibility for the overall
				operations of a principal geographic unit of the agency (
e.g.
,
				a Regional Administrator of EPA); or
(d) For affected sources:
1. The designated representative insofar as actions, standards,
				requirements, or prohibitions under
				42 U.S.C.
				7401, Title IV or the regulations promulgated
				thereunder are concerned; and
2. The designated representative for any other purposes under
				310 CMR
				7.00:
Appendix C
(4).
Section 502(b)(10) Changes
are changes
				that contravene an expressed operating permit term but would not violate any
				applicable requirement(s) or contravene federally enforceable permit term(s)
				and condition(s) that are monitoring (including test methods), record keeping,
				reporting, or compliance certification requirements.
Stationary Source
means any building,
				structure, facility, or installation that emits or may emit any regulated air
				pollutant or any pollutant listed under
				42 U.S.C.
				7401, §
								112(b).
				"Building, structure, facility, or installation" means all of the
				pollutant-emitting activities which belong to the same industrial grouping, are
				located on one or more contiguous or adjacent properties, and are under the
				control of the same person.
Timely
means, with respect to an
				application for an operating permit or permit revision, in accordance with a
				time frame as set forth in
				310 CMR 4.00:
Timely
				Action Schedule and Fee Provisions
and 7.00:
Appendix
				C
.
(2)
Applicability
.
(a)
				310 CMR
				7.00:
Appendix C
applies to any
				facility which:
1. emits or has federal potential emissions, in the aggregate,
				including from exempt and insignificant activities, of any regulated air
				pollutant in an amount which equals or exceeds any one of the following: 50
				tons per year of VOC; 50 tons per year of NOx; ten tons
				per year of any hazardous air pollutant (HAP) subject to
				42 U.S.C.
				7401§
								112,
				25 tons per year of any combination of HAPs; or 100 tons per year of any other
				regulated air pollutant, excluding GHGs; or
2. is subject to a standard or other requirements under
				42 U.S.C.
				7401, §
								112
				(NESHAPS), except that a facility is not required to obtain a permit solely
				because it is subject to the regulation or requirements under
				42 U.S.C.
				7401, §
								112(r)
				(accidental release); or
3. is subject to a New Source Performance Standard (NSPS),
				including an area source requirement, or other requirements under
				42 U.S.C.
				7401, § 111; or
4. is an affected source as defined in
				42 U.S.C.
				7401, Title IV (acid rain provisions); or 5.
				is in any other source category designated by the EPA pursuant to
				40
				CFR, §
									70.3(a)(5) or
				pursuant to a rulemaking under
				42 U.S.C.
				7401, §§ 111 or
				112
				where EPA promulgates a standard for a source category and EPA determines not
				to exempt any or all non-major sources subject to that standard from the
				requirement to obtain an operating permit.
(b) Any non-major source for which an operating permit is
				required under
				310 CMR
				7.00:
Appendix C
(2)(a)2. through 3.,
				which is not an affected source under
				42 U.S.C.
				7401, Title IV or a solid waste incineration
				unit required to obtain a permit pursuant to
				42 U.S.C.
				7401, § 129(e), is deferred from the
				obligation to obtain an operating permit until such time as the Department and
				EPA complete a rulemaking, including a rule making by EPA under
				42 U.S.C.
				7401, §§ 111 or
				112,
				to determine how the operating permit program should be structured for
				non-major sources, and the appropriateness of any permanent exemptions.
				Notwithstanding the previous sentence, any non-major source which becomes
				subject to a rulemaking promulgated by EPA pursuant to
				42 U.S.C.
				7401§§ 111 or
				112
				("NSPS, NESHAPs or MACT") on or after July 21, 1992, where the rulemaking
				explicitly requires the source to obtain an operating permit, shall submit an
				operating permit application in accordance with the schedule established in
				that rulemaking. Where the rulemaking defers to the regulating authority, the
				application is due on the date that is one year after the date on which the
				source becomes subject to the rulemaking.
(c) Any source listed in
				310 CMR
				7.00:
Appendix C
(2)(b) deferred from
				the requirement to obtain a permit may elect to apply for an operating permit
				pursuant to
				310 CMR
				7.00:
Appendix C
.
(d) Notwithstanding
				310 CMR
				7.00:
Appendix C
(2)(a), a facility is
				not subject to this Appendix if the only applicable requirement which applies
				to the facility is:
1. A requirement pursuant to 40 CFR Part 60, Subpart AAA -
				Standards of Performance for New Residential Wood Heaters; or
2. A requirement pursuant to 40 CFR Part 61, Subpart M -
				National Emission Standard for Hazardous Air Pollutants for Asbestos, section
				61.145, Standard for Demolition and Renovation.
(e) For the purpose of determining applicability under
				310 CMR
				7.00:
Appendix C
(2)(a), an owner or
				operator may elect to treat any part(s) of a facility used solely for research
				and development (R&D) operations, co-located with a major source, as a
				separate facility providing; 1) the SIC code for the R&D part of the
				facility differs from the rest of the facility; and 2) the relationship between
				the functions of the R&D part of the facility and the remainder of the
				facility does not involve support of the latter by the former.
(f) An owner or operator of a facility subject to
				310 CMR
				7.00:
Appendix C
may elect to be
				relieved from the requirement to obtain an operating permit under
				310 CMR
				7.00:
Appendix C
. To be eligible, one
				of the following must be complied with:
1. A source specific SIP revision which has been approved by
				EPA;
2. Restricted emission status issued pursuant to
				310 CMR
				7.02(9); or
3. A construction, substantial reconstruction or modification
				plan approval issued pursuant to
				310 CMR
				7.02(1)  which limits the
				potential emissions of the total facility below the applicability thresholds
				stated at
				310 CMR
				7.00:
Appendix C(2)(a)
; or 4.
				Operating in accordance with the requirements of
				310 CMR
				7.02(11).
(3)
General Provisions
.
(a) 1. On or before June 30, 1996, person(s) owning or
				operating a facility subject to the requirements of
				310 CMR
				7.00:
Appendix C
based upon their
				operations in calendar years 1990, 1991, 1992 or 1993, and not electing to
				comply with a federally approved option listed at
				310 CMR
				7.00:
Appendix C(2)(f)
shall enroll
				with the Department.
2. On or after July 1, 1996, any owner or operator of a
				facility shall automatically be enrolled when subject to
				310 CMR
				7.00:
Appendix C
.
(b) Any owner or operator of a facility subject to the
				requirements of
				310 CMR
				7.00:
Appendix C
shall submit a
				complete application for a permit according to time frames specified in
				310 CMR
				7.00:
Appendix C
(4)(a) and
				310 CMR 4.00, and shall
				operate in compliance with the terms and conditions of a permit issued pursuant
				to
				310 CMR
				7.00:
Appendix C
.
(c) Permits shall be for a fixed term of five years in the case
				of affected sources, and for a term not to exceed five years in the case of all
				other facilities. Notwithstanding this requirement, permits for solid waste
				incineration units combusting municipal waste subject to standards under
				42 U.S.C.
				7401, § 129(e) shall be issued for a
				period not to exceed 12 years and reviewed by the Department at least every
				five years.
(d) No person shall cause, suffer, allow or permit the
				operation of any facility subject to
				310 CMR
				7.00:
Appendix C
:
1. Unless a timely and complete application for an operating
				permit or renewal has been submitted to the Department;
2. If the facility's operating permit has expired unless a
				timely and complete application pursuant to
				310 CMR
				7.00:
Appendix C
(4) has been
				submitted to the Department;
3. If the facility's operating permit has been revoked;
4. Unless all fees required pursuant to
				310 CMR 4.00 have been
				remitted to the Department or waived by the Department in accordance with
				310 CMR 4.00; and
5. If modified, unless the procedures in
				310 CMR
				7.00:
Appendix C
(7) and/or (8) as
				applicable, have been complied with.
(e) An initial operating permit, permit modification, or
				renewal may be issued only if all of the following conditions have been
				met:
1. A complete application for a permit, general permit, permit
				modification, or permit renewal has been received and reviewed by the
				Department;
2. Except for modifications qualifying for minor permit
				modification procedures under
				310 CMR
				7.00:
Appendix C
(8), the requirements
				for public participation contained in
				310 CMR
				7.00:
Appendix C
(6) have been
				complied with;
3. The requirements for notifying and responding to affected
				States under
				310 CMR
				7.00:
Appendix C
(6) has been complied
				with;
4. The conditions of the permit provide for compliance with all
				applicable requirements and the requirements of
				310 CMR
				7.00:
Appendix C
; and
5. The EPA has received a copy of the proposed permit and any
				notices required under
				310 CMR
				7.00:
Appendix C
(6), and has not
				objected to issuance of the permit within the time period specified
				therein.
(f) Any facility subject to
				310 CMR
				7.00:
Appendix C
and operating
				without an operating permit, or failing to comply with any of the terms of its
				operating permit; or any provision of
				310 CMR
				7.00:
Appendix C
; or any order issued
				by the Department pursuant to
				310 CMR
				7.00:
Appendix C
, shall be subject to
				enforcement pursuant to the Massachusetts General Laws and regulations
				promulgated thereunder.
(g) Each operating permit issued by the Department shall
				include provisions in accordance with the following:
1. Each operating permit shall include all applicable
				requirements, including any emissions limitations and standards and any
				operational requirements, and shall cite to the legal authority for each
				requirement. Each operating permit shall also identify any difference in form
				between the permit condition and the applicable requirement upon which the
				permit condition is based.
2. The operating permit shall specify the expiration date of
				the permit in accordance with
				310 CMR
				7.00:
Appendix
C(3)(c).
3. The operating permit shall require emissions monitoring and
				analysis procedures or test methods in accordance with
				310 CMR
				7.00:
Appendix
C(9).
4. The operating permit shall require recordkeeping and
				reporting in accordance with
				310 CMR
				7.00:
Appendix
C(10). The operating
				permit shall specify the format and time frequency for reporting to the
				Department all monitoring data and related supporting information in accordance
				with
				310 CMR
				7.00:
Appendix
C(10).
5. For a permittee subject to EPA's acid rain deposition
				control program pursuant to Title IV,
				42 U.S.C. §
									7651 et seq., the operating permit shall
				include and be consistent with the regulations in Title IV.
6. The operating permit shall include a severability clause to
				ensure the continued validity of the various operating permit requirements in
				the event of a challenge to any portions of the operating permit.
7. The operating permit shall include the following
				statements:
a. The permittee shall comply with all conditions of the
				operating permit including the approved compliance plan. Any noncompliance with
				a permit condition constitutes a violation of
				310 CMR
				7.00:
Appendix
C or
				42
				U.S.C. 7661
et seq
., and is
				grounds for enforcement action; for permit termination, revocation and
				reissuance, or revision; or for denial of an operating permit renewal
				application.
b. A permittee in an enforcement action cannot use as a defense
				that it would have been necessary to halt or reduce the permitted activity in
				order to maintain compliance with the conditions of the operating
				permit.
c. The operating permit may be modified, revoked, reopened, and
				reissued, or terminated for cause. The filing of a request by the permittee for
				an operating permit revision, revocation and reissuance, or termination, or of
				a notification of planned changes or anticipated noncompliance does not stay
				any operating permit condition.
d. The operating permit does not convey any property rights of
				any sort, or any exclusive privilege.
e. All terms and conditions in an operating permit, including
				any provisions designed to limit a facility's potential to emit, are
				enforceable by the EPA and citizens under
				42
				U.S.C. 7661
et seq
.
				Notwithstanding the preceding sentence, the Department shall specifically
				designate in the operating permit any terms and conditions that are not
				federally enforceable because the terms and conditions are not required under
				42
				U.S.C. 7661
et seq
. or under
				any of its applicable requirements.
8. The operating permit shall require the permittee to pay fees
				to the Department consistent with the fee schedule pursuant to
				310 CMR 4.00.
9. The operating permit shall contain terms and conditions for
				reasonably anticipated alternative operating scenarios as approved by the
				Department.
10. The operating permit shall include a provision stating that
				no operating permit revision shall be required, under any approved economic
				incentives program, marketable permits program, emissions trading program and
				other similar programs or processes, for changes that are provided for in the
				operating permit.
11. If the permittee has authorization for intra-facility
				emissions trading, the operating permit shall state the terms and conditions
				for the trading of emissions increases and decreases within the permitted
				facility in accordance with the requirements of
				310 CMR
				7.00:
Appendix
C(7)(b) or
				310 CMR
				7.00:
Appendix
B.
12. The operating permit shall include a statement that upon
				presentation of credentials and other documents as may be required by law, the
				permittee shall allow the Department or an authorized representative to perform
				the following:
a. Enter upon the permittee's premises where an operating
				permit facility is located or emissions-related activity is conducted, or where
				records must be kept under the conditions of the operating permit;
b. Have access to and copy, at reasonable times, any records
				that must be kept under the conditions of the operating permit;
c. Inspect at reasonable times any facilities, equipment
				(including monitoring and air pollution control equipment), practices, or
				operations regulated or required under the operating permit; and
d. As authorized by
				42
				U.S.C. 7661
et seq
., sample
				or monitor at reasonable times substances or parameters for the purpose of
				assuring compliance with the operating permit or applicable
				requirements.
13. The operating permit shall include requirements for
Compliance Certification
consistent with
				310 CMR
				7.00:
Appendix
C(5)(b)(9).
14. The operating permit shall include a schedule of compliance
				and a schedule for the submittal of progress reports, both approved by the
				Department, consistent with
				310 CMR
				7.00:
Appendix
C(5)(b)(8).
15. The operating permit shall state whether a permit shield is
				applicable pursuant to
				310 CMR
				7.00:
Appendix
(C)(12).
16. The operating permit shall contain provisions for emergency
				conditions in accordance with in
				310 CMR
				7.00:
Appendix
C(16).
17. The operating permit may include other provisions as
				required by the Department.
(h) An operating permit does not convey any property right of
				any sort, or any exclusive privilege.
(i) An operating permit does not relieve any person from the
				obligation to comply with any other provision of
				310 CMR
				7.00 or to obtain any other necessary authorizations
				from other governmental agencies, or to comply with all other applicable
				Federal, State, or local rules and regulations, not addressed in their
				operating permit.
(j) All information submitted to the Department pursuant to the
				requirements of
				310 CMR
				7.00:
Appendix C
shall be public
				information except for that which the Department has designated confidential
				pursuant to the provisions of M.G.L. c. 111, § 142B and
				40 CFR
				70.4(b)(3) published in the
				Federal Register July 21, 1992, incorporated herein by reference. No permit
				shall in any case be designated confidential.
(k) The Department may issue a single permit authorizing
				emissions from similar operations by the same owner or operator at multiple
				temporary locations provided:
1. The operation is temporary;
2. The operation involves at least one change of location
				during the term of the permit;
3. The temporary source is not an affected source; and
4. The conditions of approval for operation of the temporary
				source assure compliance with:
a. All applicable requirements at all authorized
				locations;
b. All other provisions of
				310 CMR
				7.00:
Appendix C
; and
c. The requirement that the Department be notified at least ten
				days in advance of each change in location in writing.
(l) If an additional applicable requirement becomes applicable
				to the facility, or an applicable requirement which was previously applicable
				to the facility changes, the facility shall act to have the new applicable
				requirement or the change incorporated into the operating permit, in accordance
				with the procedures set forth in
				310 CMR
				7.00:
Appendix C
(14)(a).
(m) The Department may terminate an operating permit upon
				request of the responsible official of said facility.
(n) The Department hereby adopts and incorporates by reference
				the provisions of the acid rain program 40 CFR part 72 , as in effect on
				January 11, 1993 and as amended March 23, 1993, October 24, 1997, and 40 CFR
				Part 76 as in effect on September 1, 1998, for purposes of implementing an acid
				rain program that meets the requirements of
				42 U.S.C.
				7401, Title IV. The term
permitting authority
shall mean the Department and the
				term
Administrator
shall mean the Administrator of
				the United States Environmental Protection Agency.
(o) If the provisions or requirements of 40 CFR part 72
				conflict with or are not included in
				310 CMR
				7.00:
Appendix C
, the part 72
				provisions and requirements shall apply and take precedence.
(4)
Application Submittal Time Lines for Operating
				Permits
.
(a) Schedule to submit an application for an operating
				permit.
1. On and after April 1, 1994 a complete operating permit
				application shall be submitted to the Department in accordance with the
				following schedule:
a. For
Restricted Emission Status
				(RES)
pursuant to
				310 CMR
				7.02(12)  and
				310 CMR
				7.00:
Appendix C
(2)(f): a Restricted
				Emission Status application must be submitted, reviewed, and approved no later
				than the published timeline for submittal of the original operating permit
				application, or a renewal application unless otherwise agreed to by the
				Department in writing.
b. For a
Group A Source
, any facility
				subject to
				310 CMR
				7.00:
Appendix C
and not submitting
				an application under
				310 CMR
				7.00:
Appendix C
(4)(a)1.a., with
				operations classified under the Standard Industrial Classification Codes (major
				group) 49 or 51: no later than November 15, 1994 nor before October 1,
				1994;
c. For a
Group B Source
, any facility
				subject to
				310 CMR
				7.00:
Appendix C
and not submitting
				an application under
				310 CMR
				7.00:
Appendix C
(4)(a)1.a., with
				operations classified under the Standard Industrial Classification Codes (major
				group) 22, 23, 25, 26, 27, 28, 30, 31, 36, 38, 97 or 99: no later than
				September 1, 1995 nor before July 1, 1995;
d. For a
Group C Source
, any facility
				subject to
				310 CMR
				7.00:
Appendix C
and not submitting
				an application under
				310 CMR
				7.00:
Appendix C
(4)(a)1.a., with
				operations classified under the Standard Industrial Classification Codes (major
				group) 01, 14, 20, 24, 29, 32, 33, 34, 35, 37, 39, 45, 50, 56, 63, 65, 70, 72,
				80, 82, 86, 95 or other stationary sources not classified in Groups A or B: no
				later than November 15, 1995 nor before September 15, 1995.
2. For a facility subject to the requirements of
				310 CMR
				7.00:
Appendix C
and in operation
				prior to the effective date of
				310 CMR
				7.00:
Appendix C
, an application for
				an operating permit pursuant to
				310 CMR
				7.00:
Appendix C
shall be submitted
				in accordance with the schedule detailed in
				310 CMR
				7.00:
Appendix C
(4)(a)1., or other
				schedule established in writing by the Department and the facility, but in no
				case later than one year after approval by EPA of
				310 CMR
				7.00:
Appendix C
, the operating
				permit program.
3. For operating permit applications submitted in accordance
				with
				310 CMR
				7.00:
Appendix C
(4)(a)1. or 2., the
				Department shall take final action on all applications no later than three
				years after approval by EPA of
				310 CMR
				7.00:
Appendix C
, the operating
				permit program.
4. Applications for initial phase II acid rain permits shall be
				submitted by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for
				nitrogen oxides. Operating permit applications for these sources must be
				submitted in accordance with the schedule detailed in
				310 CMR
				7.00:
Appendix C
(4)(a)1..
5. For new construction subject to the requirements of
				310 CMR
				7.00:
Appendix C
, an application for
				an operating permit shall be submitted no later than one year after
				commencement of operation. Where an operating permit issued pursuant to
				310 CMR
				7.00:
Appendix C
would be modified or
				amended as a result of this construction, the owner or operator must follow the
				procedures of
				310 CMR
				7.00:
Appendix C
(8) and the time
				lines contained in
				310 CMR
				7.00:
Appendix C
(4)(b). (NB: New
				facilities are encouraged to submit applications pursuant to
				310 CMR
				7.00:
Appendix C
concurrent with
				310 CMR
				7.02 applications.)
6. For construction, substantial reconstruction or alteration
				of any facility, which results in the facility being subject to the
				requirements of
				310 CMR
				7.00:
Appendix C
, the application for
				an operating permit shall be submitted to the Department no later than one year
				after the commencement of operation of the portion of the facility which made
				the facility subject to the program. (NB: Owners and operators are encouraged
				to submit applications concurrent with
				310 CMR
				7.02 application)
7. For a facility operating under
				310 CMR
				7.02(9)  or
				310 CMR
				7.02(11)  status, an
				operating permit application shall be submitted within six months of becoming
				subject to
				310 CMR
				7.00:
Appendix C
.
(b) Schedule for submittal of applications to amend, modify or
				renew an operating permit: 1. For a significant modification to an operating
				permit, a timely application is one that is submitted at least nine months
				prior to the planned modification. For significant modifications which have
				been reviewed and approved under
				310 CMR
				7.00, the construction or modification that has been
				reviewed and approved may commence, but may not operate, prior to final
				approval of the modification to the operating permit if the existing operating
				permit would prohibit such construction or change in operation. If the existing
				operating permit would not prohibit such construction or change in operation,
				then operations may commence prior to final approval of the modification to the
				operating permit.
2. For a minor modification to an operating permit, a timely
				application is one that is submitted concurrent with the planned
				modification.
3. For an administrative amendment to an operating permit, a
				timely application is one that is submitted concurrent with initiation of the
				proposed change.
4. For a renewal of an operating permit, a timely application
				shall be submitted at least six months prior to the expiration of the operating
				permit.
(c) Except for as provided in
				310 CMR
				7.00:
Appendix C
(4)(a)3., final
				action by the Department shall be taken on each operating permit application
				within:
1. 18 months of receipt of a complete application for an
				operating permit for new
construction submitted after November 15, 1995
2. nine months of receipt of a complete application for a
				significant modification to an operating permit.
3. 90 days of receipt of a minor modification application to an
				operating permit or 15
days after the end of the EPA's 45 day review period under
				310 CMR
				7.00:
Appendix C
(6), whichever is
				later.
4. 15 days of receipt of an administrative amendment to an
				operating permit.
5. nine months of receipt of a complete application for renewal
				of an operating permit.
6. 120 days for group processing of minor modifications or 15
				days after the end of
EPA's 45-day review period under
				310 CMR
				7.00:
Appendix C
(6), whichever is
				later.
7. nine months of receipt of a complete application for an
				early reduction demonstration ( 40 CFR Part 63 ) under
				42 U.S.C.
				7401, §
								112(i)(5).
(d)
Completeness Determination
.
1. The Department shall notify the applicant within 60 days of
				its receipt of the application for an initial operating permit, a significant
				modification or renewal as to whether the application is complete.
2. To be deemed complete, an application shall include all the
				information required by
				310 CMR
				7.00:
Appendix C
(5) and payment of
				the applicable fee pursuant to
				310
				CMR 4.10:
Appendix: Schedules for
				Timely Action and Application Fees
. A completeness determination shall
				not be required for a minor permit modification or an administrative
				amendment.
3. If the Department fails to notify the applicant within 60
				days of the Department's receipt of an application that more information is
				needed, then the application shall be deemed complete and the applicant shall
				be afforded the application shield described at
				310 CMR
				7.00:
Appendix C
(11).
4. If, after a completeness determination, the Department
				requires additional information, it shall request such information in writing
				and set a deadline for its submittal. Departmental requests for additional
				information made after the application is deemed complete shall not, by
				themselves, indicate that the application is not complete. If however, the
				applicant fails to submit the requested information by a reasonable deadline
				specified or as otherwise agreed in writing by the Department, the application
				shall be considered incomplete and the applicant shall not have the application
				shield provided for under
				310 CMR
				7.00:
Appendix C
(11).
(5)
General Application Requirements
.
(a) Applications for an operating permit or renewal of an
				operating permit pursuant to
				310 CMR
				7.00:
Appendix C
, and any additional
				information required by the Department shall be submitted to the Department and
				EPA in a format prescribed by the Department. An applicant may not omit
				information needed to determine whether the facility is subject to any
				applicable requirement.
1. For any subject facility whose emissions exceed the
				thresholds of
				310 CMR
				7.00:
Appendix C
(2)(a)1., the
				application shall include all applicable requirements for all emissions
				units.
2. For any facility that contains an emission unit that causes
				the facility to be subject to
				310 CMR
				7.00:
Appendix C
(2)(b), the
				application shall include all applicable requirements for the emissions units
				that cause the facility to be subject to
				310 CMR
				7.00:
Appendix C
.
(b) Except as provided for in
				310 CMR
				7.00:
Appendix C
(5)(a)2. and (i), the
				following information must be submitted for each emission unit associated with
				the facility. Fugitive emissions shall be included in the permit application in
				the same manner as stack emissions, regardless of whether the source category
				in question is included in the list of sources contained in the definition of
				major source. Applications shall contain at a minimum:
1. Identifying information, including company name and address
				(or plant name and address if different from the company name); owner's name
				and telephone number; and name(s) and telephone number(s) of facility site
				manager/contact.
2. A description of the facility's processes and products (by
				Standard Industrial Classification Code) associated with each alternate
				scenario proposed in the application.
3. Except for insignificant activities listed in
				310 CMR
				7.00:
Appendix C
(5) the following
				emissions-related information:
a. All emissions of regulated air pollutants for which the
				emissions unit has an applicable requirement.
b. Identification and description of all points of emissions
				described in
				310 CMR
				7.00:
Appendix C
(5)(b)3.a. in
				sufficient detail to establish said applicable
requirements.
c. Emissions rates in tons per year and in such terms as are
				necessary to establish compliance consistent with the applicable EPA standard
				reference emissions test method.
d. The following information to the extent it is needed to
				determine or regulate emissions: fuels, fuel use, raw materials, production
				rates, and operating schedules. e. Identification and description of air
				pollution control equipment and compliance monitoring devices or
				activities
f. Limitations on source operation affecting emissions or any
				work practice standards, where applicable, for all regulated pollutants at the
				source.
g. Other information required by any applicable requirement
				(including information related to stack height limitations developed pursuant
				to
				42 U.S.C.
				7401, The Clean Air Act, § 123).
h. Calculations on which the information in
				310 CMR
				7.00:
Appendix C
(5)(b)3.a. through g.
				is based.
4. For activities proposed to be exempt pursuant to
				310 CMR
				7.00:
Appendix C
(5)(h), a list
				describing each activity and its emissions.
5. The following air pollution control requirements:
a. Citation and description of all applicable requirements,
				and
b. Description of or reference to any applicable test method
				for determining compliance with each applicable requirement.
6. Other specific information that may be necessary to
				implement and enforce
				310 CMR
				7.00:
Appendix C
(5)(b)2, (7) or other
				applicable requirements of
				42 U.S.C.
				7401 or to determine the applicability of
				such requirements including but not limited to terms and conditions for
				reasonably anticipated operating scenarios including:
a. Establishing and maintaining, contemporaneously with making
				a change from one operating scenario to another, a record in a log at the
				facility as to which scenario it is operating under; and
b. Documenting that the terms and conditions of each such
				alternative scenario meet all applicable requirements and the requirements of
				310 CMR
				7.00:
Appendix C
. The permit shield
				described in
				310 CMR
				7.00:
Appendix C
(12) shall apply to
				all terms and conditions under each such operating scenario.
7. An explanation of any proposed exemptions from otherwise
				applicable requirements.
8. A
Compliance Plan
that contains all
				the following:
a. A description of the compliance status of the facility with
				respect to all applicable requirements.
b. A description as follows:
(i) For applicable requirements with which the facility is in
				compliance, a statement that the source will continue to comply with such
				requirements.
(ii) For applicable requirements that will become effective
				during the permit term, a statement that the facility will meet such
				requirements on a timely basis. (iii) For requirements for which the source is
				not in compliance at the time of permit issuance, a narrative description of
				how the source will achieve compliance with such requirements.
c. A compliance schedule as follows:
(i) For applicable requirements with which the source is in
				compliance, a statement that the source will continue to comply with such
				requirements.
(ii) For applicable requirements that will become effective
				during the permit term, a statement that the source will meet such requirements
				on a timely basis. A statement that the source will meet in a timely manner
				applicable requirements that become effective during the permit term shall
				satisfy this provision, unless a more detailed schedule is expressly required
				by the applicable requirement.
(iii) A schedule of compliance for emissions units that are not
				in compliance with all applicable requirements at the time of permit issuance.
				Such a schedule shall include a schedule of remedial measures, including an
				enforceable sequence of actions with milestones, leading to compliance with any
				applicable requirements for which the facility will be in noncompliance at the
				time of permit issuance. This compliance schedule shall resemble and be at
				least as stringent as that contained in any judicial consent decree or
				administrative order to which the facility is subject. Any such schedule of
				compliance shall be supplemental to, and shall not sanction noncompliance with,
				the applicable requirements on which it is based.
d. A schedule for submission of certified progress reports no
				less frequently than every six months for sources required to have a schedule
				of compliance to remedy a violation.
e. The compliance plan content requirements specified in
				310 CMR
				7.00:
Appendix C
(5)(b)8.e. shall
				apply and be included in the acid rain portion of a compliance plan for an
				affected source, except as specifically superseded by regulations promulgated
				under
				42 U.S.C.
				7401, Title IV with regard to the schedule
				and method(s) the source will use to achieve compliance with the acid rain
				emissions limitations.
9. Requirements for
Compliance
				Certification
, including the following:
a. A certification of compliance with all applicable
				requirements by a responsible official consistent with
				310 CMR
				7.00:
Appendix C
(5)(b)9.c. and
				42 U.S.C.
				7401, §
								114(a)(3);
b. A statement of methods used for determining compliance,
				including a description of monitoring, record keeping, and reporting
				requirements and test methods;
c. A schedule for submission of compliance certifications
				during the permit term, to be submitted no less frequently than annually, or
				more frequently if specified by the underlying applicable requirement or by the
				Department;
d. A statement indicating the facility's compliance status with
				any applicable enhanced monitoring and compliance certification requirements of
				42 U.S.C.
				7401; and
e. A statement accepting the Department's authority to enter
				the premises of the permitted facility and perform reasonable inspections and
				sampling, as described in
				310 CMR
				7.00:
Appendix C
(3)(g).
10. The use of nationally-standardized forms for acid rain
				portions of permit application(s) and compliance plan(s), as required by
				regulations promulgated under
				42 U.S.C.
				7401, Title IV.
(c) Any application form, report, or compliance certification
				submitted pursuant to
				310 CMR
				7.00:
Appendix C
shall contain
				certification by a responsible official of truth, accuracy, and completeness in
				accordance with
				310 CMR
				7.01(2).
(d) Any application for an initial, or renewal of an operating
				permit submitted to the Department pursuant to
				310 CMR
				7.00:
Appendix C
shall include the
				following:
1. For initial operating permits, copies of any
				preconstruction, substantial reconstruction or alteration approvals issued by
				the Department under
				310 CMR
				7.02;
2. For renewals of operating permits, the last complete
				operating permit application supplemented with all new information pertinent to
				the provisions of
				310 CMR
				7.00:
Appendix C
(5), (6) and (7),
				including any operational changes made pursuant to operational flexibility
				section, and any other proposed operational scenarios.
(e) Any person who fails to submit any relevant facts or who
				has submitted incorrect information in a permit application shall, upon
				becoming aware of such failure or incorrect submittal, promptly submit such
				supplementary facts or corrected information. In addition, an applicant shall
				provide additional information as necessary to address any requirements that
				become applicable to the source after the date it filed a complete application
				but prior to release of a draft permit.
(f) If any person fails to submit information requested by the
				Department within the deadlines provided, the Department may deny the
				application, and an application shield pursuant to
				310 CMR
				7.00:
Appendix C
(11) shall
				automatically terminate pursuant to
				310 CMR
				7.00:
Appendix C
(11)(f). Prior to
				denying the application, the Department shall provide 30 days written notice to
				the applicant, including a list of the required information. A person may
				reapply at any time after the application is denied. The re-application shall
				meet all requirements of a complete initial permit application, including any
				application fee. (g) In the event that a discrepancy exists between the
				information in an application for an operating permit and the requirements of
				the permit, the conditions of the permit shall prevail.
(h)
Exempt Activities
. Except as
				provided in
				310 CMR
				7.00:
Appendix C
(5)(i), any facility
				subject to the requirements of
				310 CMR
				7.00:
Appendix C
may propose to
				exempt certain activities from the requirements of
				310 CMR
				7.00:
Appendix C
(5)(b). A list of
				proposed exemptions must be submitted as part of the application. The
				Department will exempt the emission unit(s) if it is of a size eligible to
				comply with
				310 CMR
				7.02(8)(i)  or to be exempt
				from preconstruction review and approval pursuant to
				310 CMR
				7.02(2)(b)7., 15., or 29.
				and not otherwise subject to an applicable requirement.
(i)
Insignificant Activities
.
				Notwithstanding
				310 CMR
				7.00:
Appendix C
(5)(h) any emission
				unit that is part of the following activities is exempt from the requirements
				of
				310 CMR
				7.00:
Appendix C
, except that
				emissions from these activities shall be included in determining federal
				potential to emit under
				310 CMR
				7.00:
Appendix C(2)
:
1. Open burning conducted in accordance with the requirements
				of
				310 CMR 7.07(2), (3)(a) and
				(3)(e);
2. Office activities and the equipment and implements used
				therein, such as typewriters, printers, and pens;
3. Interior maintenance activities and the equipment and
				supplies used therein, such as janitorial cleaning products and air fresheners;
				this does not include any cleaning of production equipment or activities
				regulated by
				310 CMR
				7.18;
4. Bathroom and locker room ventilation and maintenance;
5. Copying and duplication activities for internal use and for
				support of office activities at the facility;
6. The activities not regulated by
				310 CMR
				7.18 in maintenance shops, such as welding,
				gluing, soldering;
7. First aid or emergency medical care provided at the
				facility, including related activities such as sterilization and medicine
				preparation;
8. Laundry operations that service uniforms or other clothing
				used at the facility that are not regulated by
				310 CMR
				7.18;
9. Architectural maintenance activities conducted to take care
				of the buildings and structures at the facility, including repainting,
				reroofing, and sandblasting;
10. Exterior maintenance activities conducted to take care of
				the grounds of the facility, including parking lots and lawn
				maintenance;
11. Food preparation to service facility cafeterias and dining
				rooms;
12. The use of portable space heaters which reasonably can be
				carried and relocated by an employee;
13. Liquid petroleum gas (LPG) or petroleum fuels used to power
				the facility's mobile equipment and not otherwise regulated by the
				Department;
14. Emergency vents not subject to the accidental release
				regulations.
15. Non-process related surface coating and painting which
				exclusively use non-refillable aerosol cans;
16. Vacuum cleaning systems used exclusively for commercial or
				residential housekeeping;
17. Ventilating systems used exclusively for heating and
				cooling buildings, for the comfort of people living or working within the
				building serviced by said system, which EPA has determined need not be
				contained in an operating permit;
18. Ventilating and exhaust systems for laboratories, including
				hoods, used:
a. by academic institutions for academic purposes.
b. by hospitals and medical care facilities used for medical
				care purposes and medical research only.
c. by laboratories which perform laboratory scale activities as
				defined by OSHA, excluding commercial laboratories that provide laboratory
				services for third parties. d. by facilities for quality assurance and quality
				control testing and sampling activities.
19. surface coating and printing processes used exclusively for
				educational purposes in educational institution excluding those emission units
				regulated by
				310 CMR
				7.18; and 20. kilns or ventilating hoods for
				art or ceramic curricula at colleges, primary or secondary schools.
(6)
Permit Review by the Public, EPA and Affected
				States
.
(a) A draft of an operating permit (draft permit) and a
				statement that sets forth the legal and factual basis for the draft permit
				conditions (including references to the applicable regulatory provisions),
				shall be released to the public, EPA, the applicant and affected states by the
				Department for applications for an operating permit, a significant modification
				or renewal of an operating permit; and to EPA and affected states for minor
				permit modifications.
(b) For each draft initial operating permit, significant
				modification or renewal of an operating permit pursuant to
				310 CMR
				7.00:
Appendix C
(2), the Department
				shall:
1. Post on a public website identified by the Department (which
				may be the Department's own website), for the duration of the public comment
				period, the following:
a. A notice of availability of the Department's draft initial
				operating permit, significant modification or renewal of an operating permit
				and information on how to submit public comment;
b. The Department's draft initial operating permit, significant
				modification or renewal of an operating permit; and
c. Information on how to access the administrative record for
				the Department's draft initial operating permit, significant modification or
				renewal of an operating permit.
2. Give notice to persons on a mailing list developed by the
				Department using generally accepted methods (
e.g
., hyperlink
				sign-up function or radio button on a Department website, sign-up sheet at a
				public hearing,
etc
.) that enable interested parties to
				subscribe to a mailing list. The Department may update the mailing list from
				time-to-time by requesting written indication of continued interest from those
				listed. The Department may delete from the list the name of any person who
				fails to respond to such a request within a reasonable timeframe.
(c) The notice shall identify:
1. The name and address of the facility;
2. The name and address of the permittee;
3. The name and address of the Department's regional office
				processing the permit;
4. The activity or activities included in the permit
				action;
5. The emissions change associated with any permit
				modification;
6. The name, address, and telephone number of a person (or an
				email or website address) from whom interested persons may obtain additional
				information, including copies of the draft permit, the application, all
				relevant supporting materials, and all other materials available that are
				relevant to the permit decision; and
7. A brief description of the comment procedures required by
				310 CMR
				7.00:
Appendix C
(6); and the time and
				place of any hearing that may be held, including a statement of procedures to
				request a hearing (unless a hearing has already been scheduled).
(d) The Department, on or before the publication of the public
				notice of a draft permit, shall also give notice of its intent to issue a draft
				permit to the head of the environmental program of any affected state.
(e) The Department shall provide a comment period of no less
				than 30 calendar days and no more than 60 calendar days on draft permits for an
				initial permit, significant modifications and renewals of operating
				permits.
(f) The Department based upon material issues or at its own
				initiative may hold a public hearing on a draft permit. For an initial
				operating permit issuance, renewal or significant modification to an operating
				permit, any person may request before the expiration of the public comment
				period specified pursuant to
				310 CMR
				7.00:
Appendix C
(6)(a), that the
				Department hold a public hearing (if the Department has not already scheduled a
				public hearing) on a draft permit, by submitting a written request stating the
				nature of the issues to be raised at a public hearing. Notice of any public
				hearing shall be given at least 30 days in advance of the hearing and may be
				included in the notice issued pursuant to
				310 CMR
				7.00:
Appendix C
(6)(a) and by the
				procedures of
				310 CMR
				7.00:
Appendix C
(6)(b) and (c). (g)
				Whenever the Department determines to hold a public hearing, the duration of
				the public comment period shall automatically extend to the close of the public
				hearing. The hearing officer may further extend the comment period by
				announcing the extension and its duration at the public hearing.
(h) At a public hearing, the Department may:
1. Establish reasonable limits upon the time allowed for oral
				statements; and
2. Require the submission of statements in writing.
(i) The Department shall keep records of the comments and also
				of the issues raised during the public participation process so that EPA may
				fulfill its obligation under
				42 U.S.C.
				7401, §
								505(b)(2)
				to determine whether a citizen petition should be granted, and such records
				shall be available to the public.
(j) After the close of the public comment period, the
				Department will forward to the EPA a proposed operating permit (proposed
				permit), together with other required supporting information pertaining to the
				proposed permit. NOTE: The Department as part of the submittal of the proposed
				permit to the EPA shall notify the EPA and any affected state in writing of any
				refusal by the Department to accept any recommendations on the draft permit
				that the affected state submitted during the draft permit review period. The
				notice shall include the Department's reason for not accepting any such
				recommendation; the Department is not required to accept recommendations that
				are not based on an applicable requirement or the requirements of
				310 CMR
				7.00:
Appendix C
.
(k) If EPA submits an objection to the proposed permit in
				writing, during the 45 day period following EPA's receipt of the proposed
				permit, the Department shall revise, and resubmit a proposed operating permit
				to the EPA. EPA shall send a copy of its objection to the applicant. The
				Department will not issue a final permit prior to the expiration of the 45-day
				period for EPA objection unless EPA notifies DEP of its intention not to
				object.
(l) If the Department fails, within 90 days after the receipt
				of an objection under
				310 CMR
				7.00:
Appendix C
(6)(k), to revise and
				submit a proposed permit in response to the objection, the EPA may issue or
				deny the permit in accordance with the requirements of the Federal Program
				promulgated under
				42 U.S.C.
				7401, Title V.
(m) If EPA does not object to the proposed permit, any person
				may petition the EPA during the 60 days after the expiration of the EPA's 45
				day review period, and may request that EPA object.
1. The petition shall be based only on objections that were
				raised with reasonable specificity during the public comment period, unless the
				petitioner demonstrates that it was impracticable to raise such objections
				within such period, or unless the grounds for such objection arose after such
				period.
2. If the EPA is convinced that such objection meets the
				criteria established in
				310 CMR
				7.00:
Appendix C
(6)(m)1., and
				objects, the Department shall not issue the operating permit until the EPA's
				objection is resolved.
3. If the Department has issued an operating permit prior to
				receipt of an EPA objection, the EPA may modify, terminate, or revoke the
				permit. The Department may thereafter issue only a revised permit that
				satisfies EPA's objection. In any case, the stationary source will not be in
				violation of the requirement to have submitted a timely and complete
				application.
(n) The Department shall transmit final operating permits to
				EPA.
(7)
Operational Flexibility
.
(a)
Section 502(b)(10) Changes
1. Any facility issued an operating permit may make Section
				502(b)(10) changes through the procedures set forth in
				310 CMR
				7.00:
Appendix C
(7).
2. The Department shall attach the notice of the change to the
				operating permit, but shall not revise the operating permit until the next
				application for renewal.
3. If the requirements of
				310 CMR
				7.00:
Appendix C
(7) are met, the
				change may be made 15 days after receipt of the notice of the change by the
				Department or EPA whichever is later.
4. No change may be made pursuant to
				310 CMR
				7.00:
Appendix C
(7) if the change
				would:
a. violate an applicable requirement(s);
b. contravene a federally enforceable permit term(s) and
				condition(s) that is monitoring (including test methods), recordkeeping,
				reporting, or compliance certification;
c. is a modification under
				42 U.S.C.
				7401, Title I; or
d. is in excess of the emissions allowed under the operating
				permit (whether expressed therein as a rate of emissions or in terms of total
				emissions).
5. A responsible official must provide the Department and EPA
				with written notification at least 15 days in advance of the proposed changes.
				For each such change, the written notification required above shall
				include:
a. A brief description of the change within the permitted
				facility;
b. The date on which the change will occur;
c. Any change in emissions; and
d. Any permit term or condition that is no longer applicable as
				a result of the change.
6. The permit shield provided for under
				310 CMR
				7.00:
Appendix C
(12) shall not apply
				to changes made under
				310 CMR
				7.00:
Appendix C
(7).
(b)
Intra-facility Emissions Trading
.
1. Pursuant to a request from a responsible official in an
				operating permit application, the Department shall issue an operating permit
				that contains terms and conditions that allow for the trading of emissions
				increases and decreases within the permitted facility. The Department shall not
				include in these trading provisions any emissions units for which emissions are
				not quantifiable or for which there are no replicable procedures to enforce the
				emissions trades.
2. Any requests made under
				310 CMR
				7.00:
Appendix C
(7) are solely for
				the purposes of complying with the federally-enforceable emissions cap that is
				established in the permit independent of otherwise applicable
				requirement(s).
3. Emission trades may be implemented provided the Department
				and EPA are notified at least 15 business days in advance of the proposed
				changes. For each change, the following must be provided:
a. A description of the change within the permitted
				facility;
b. The date on which the change will occur;
c. Any change in emissions; and
d. How these increases and decreases in emissions will comply
				with the terms and conditions of the permit.
4. The 15 day notice shall commence upon the receipt by the
				Department or EPA whichever is later.
5. The permit shield provided for under
				310 CMR
				7.00:
Appendix C
(12) shall apply to
				the permit terms and conditions that allow such increases and decreases in
				emissions.
6. Any intra-facility change that does not qualify pursuant to
				310 CMR
				7.00:
Appendix C
(7)(b)2. is required
				to be submitted to the Department pursuant to
				310 CMR
				7.00:
Appendix B
.
(8)
Administrative Amendments, Minor Modifications
				and Significant Modifications
.
(a) The following changes shall require a revision to an
				operating permit:
1. An
Administrative Amendment
, if the
				proposed change is:
a. A change in business name, division name, or facility name;
				mailing address; company stack designation; telephone number; or name of
				facility contact; or
b. A transfer of ownership of the facility for which an
				operating permit is in effect, where the Department determines that no other
				change in the permit is necessary, provided that a written agreement containing
				a specific date for transfer of permit responsibility, coverage, and liability
				between the current and new permittee has been submitted to the Department;
				or
c. A change to monitoring, reporting, recordkeeping, or testing
				requirements that is more frequent than previously specified in the operating
				permit; or
d. The Department, EPA or permittee determines that the
				operating permit contains typographical errors.
2. A
Minor Modification
, if the
				proposed change:
a. Does not violate any applicable requirements;
b. Does not involve a significant change to existing
				monitoring, reporting, or recordkeeping requirements in the permit;
c. Does not require or change a case-by-case determination of
				an emission limitation or other standard, or a source-specific determination
				for temporary sources of ambient impacts, or a visibility or increment
				analysis;
d. Does not seek to establish or change a permit term or
				condition for which there is no corresponding underlying applicable requirement
				and that the facility has assumed to avoid an applicable requirement to which
				the facility would otherwise be subject; and
e. Is not a modification under any provision of
				42 U.S.C.
				7401, Title I.
3. A
Significant Modification
is a
				permit modification that does not qualify as a minor permit modification or as
				an administrative amendment, or is a significant change to any monitoring,
				reporting or recordkeeping requirements as required by any operating permit.
				(b)
Processing an Administrative Amendment.
For an
				administrative amendment to an operating permit a timely and complete
				application is one filed on forms specified by the Department and in accordance
				with the timelines established at
				310 CMR
				7.00:
Appendix C
(4).
1. The Department shall take final action within 15 days of
				receipt of said application and may incorporate such changes without providing
				notice to the public or affected states. The Department shall submit a copy of
				the revised permit to EPA.
2. The source may make the change upon receipt by the
				Department of the proposed administrative amendment.
3. An administrative amendment for purposes of the acid rain
				portion of the operating permit shall be governed by 40 CFR part 72.
4. The permit shield provisions of
				310 CMR
				7.00:
Appendix C
(12) shall not apply
				to changes made under
				310 CMR
				7.00:
Appendix C
(8).
(c)
Processing a Significant
				Modification.
For a significant modification to an operating
				permit an application must be filed on forms specified by the Department and in
				accordance with the timelines established at
				310 CMR
				7.00:
Appendix C
(4), and
				shall:
1. Be subject to all of the same requirements as a new
				operating permit application including review by EPA, affected states and the
				public under
				310 CMR
				7.00:
Appendix C
;
2. Focus on the proposed significant modifications to the
				issued operating permit only;
3. A significant modification for purposes of the acid rain
				portion of the operating permit shall be governed by 40 CFR part 72; and
4. For significant modifications which have been reviewed and
				approved under
				310 CMR
				7.02(4) or (5), the
				construction, substantial reconstruction, or alteration may commence, but may
				not be operated if the existing operating permit would prohibit such
				construction or change in operation, during the period after receipt of the
				required significant modification application by the Department, but before the
				Department revises the operating permit. If the existing operating permit would
				not prohibit such construction or change in operation, then operations may
				commence prior to final approval of the modification to the operating permit.
				The permit shield provided under
				310 CMR
				7.00:
Appendix C
(12) applies to any
				changes resulting from such significant modification.
(d)
Processing a Minor Modification.
For a minor modification to an operating permit an application must be filed on
				forms specified by the Department and in accordance with the timelines
				established at
				310 CMR
				7.00:
Appendix C
(4).
1. An application requesting the use of minor permit
				modifications procedures shall include the following:
a. A description of the change, the emissions resulting from
				the change, and any new applicable requirements that will apply if the change
				occurs;
b. The facility's suggested draft permit;
c. Certification by a responsible official that the proposed
				modification meets the criteria for use of minor permit modification procedures
				and a request that such procedures be used; and
d. Completed forms for the Department to use to notify the EPA
				and affected states. Said notification shall be made within five business days
				of receipt by the Department of a complete permit modification
				application.
2. A minor modification for purposes of the acid rain portion
				of the operating permit shall be governed by 40 CFR part 72.
3. The source may make the change upon receipt by the
				Department of the proposed modification.
4. The permit shield provisions of
				310 CMR
				7.00:
Appendix C
(12) shall not apply
				to changes made under
				310 CMR
				7.00:
Appendix C
(8).
(e)
Revisions to Operating Permit Not
				Required.
A revision to an operating permit is not required for
				increases in emissions that are authorized by allowances acquired pursuant to
				the Acid Rain program under Title IV, provided that such increases do not
				require an operating permit revision under any other applicable
				requirement.
(9)
Testing and Monitoring
				Requirements
.
(a) Any facility, for which an operating permit specifies
				testing and monitoring requirements shall do so in a manner and time as
				specified in the operating permit.
(b) Each operating permit shall contain the following
				monitoring requirements:
1. The permittee shall comply with all emissions monitoring and
				analysis procedures or test methods required under the applicable requirements,
				including those promulgated pursuant to
				42 U.S.C.
				7401, The Clean Air Act, §§ 504(a)
				and 504(b) or 114(a)(3);
2. If the applicable requirement does not require periodic
				testing or instrumental or noninstrumental monitoring (which may consist of
				recordkeeping designed to serve as monitoring), then the permittee shall
				perform periodic monitoring sufficient to yield reliable data from the relevant
				time period that is representative of the source's compliance with the permit.
				Such monitoring requirements shall assure use of terms, test methods, units,
				averaging periods, and other statistical conventions consistent with the
				applicable requirement. Recordkeeping provisions may be sufficient to meet the
				requirements; and
3. The permittee shall comply with requirements concerning the
				use, maintenance and installation of monitoring equipment or methods as the
				Department deems appropriate.
(c) Any facility required to install a continuous emissions
				monitor (CEM) shall install, calibrate, operate, certify and maintain the CEM
				to continuously measure and continuously record the required emissions and
				other data as specified in the operating permit.
(d) Any person required to perform monitoring shall maintain
				records of and report to the Department in accordance with the requirements
				established in the facility operating permit and
				310 CMR
				7.00:
Appendix C
(10).
(10)
Recordkeeping and Reporting
				Requirements
.
(a) Upon the Department's request, any record relevant to the
				operating permit or to the emissions of any air contaminant from the facility
				shall be submitted to the Department within 30 days of the request by the
				Department or within a longer time period, if approved in writing by the
				Department, and shall be transmitted on paper, on computer disk, or
				electronically at the discretion of the Department.
(b) The permittee shall maintain records of all monitoring data
				and supporting information on-site for a period of at least five years from the
				date of the monitoring sample, measurement, report or initial operating permit
				application. Supporting information includes, at a minimum, all calibration and
				maintenance records and all original strip-chart recordings for continuous
				monitoring instrumentation, and copies of all reports required by the operating
				permit, and any other information required to interpret the monitoring data.
				Records required to be maintained shall include, where applicable:
1. The date, place as defined in the permit, and time of
				sampling or measurements;
2. The date(s) analyses were performed;
3. The company or entity that performed the analyses;
4. The analytical techniques or methods used;
5. The results of such analyses; and
6. The operating conditions as existing at the time of sampling
				or measurement.
(c) The permittee shall report a summary of all monitoring data
				and related supporting information to the Department at least every six months
				in a format and time frequency specified by the Department.
(d) Upon request, an owner or operator shall also furnish to
				the Department copies of records required to be kept by the operating permit
				or, for information claimed to be confidential, said person may furnish such
				records directly to the Department and EPA, along with a claim of
				confidentiality.
(e) The following shall be made readily available for
				inspection by the Department:
1. The operating permit together with any amendments
				thereto;
2. A diagram of the facility indicating the location of all
				equipment and control apparatus, any stack designation assigned by the
				Department, and any stack designation assigned by the facility;
3. Records documenting any and all use of any equipment,
				control apparatus, or other source operation including, but not limited to, the
				kind and amount of air contaminant emitted, rate of production and hours of
				operation, raw material throughput; and
4. Records documenting any construction, substantial
				reconstruction or alteration, including the dates thereof, of any equipment or
				control apparatus.
(f) The permittee shall promptly report to the Department all
				instances of deviations from permit requirements. This report shall include the
				deviation itself, including those attributable to upset conditions as defined
				in the permit, the probable cause of the deviation, and any corrective actions
				or preventive measures taken.
(g) For facilities permitted to operate under alternative
				operating scenarios, the permittee shall establish and maintain a log at the
				facility which indicates the scenario under which the facility is operating.
				The permittee shall record changes from one scenario to another
				contemporaneously with the change.
(h) All required reports must be certified by a responsible
				official consistent with
				310 CMR
				7.00:
Appendix C
(5)(c).
(11)
Application Shield
.
(a) An application shield provides that an owner or operator of
				a facility subject to
				310 CMR
				7.00:
Appendix C
shall not be subject
				to penalties for operating without an operating permit during the time the
				application shield is in effect.
(b) An application shield is in effect for an owner or operator
				of a facility subject to
				310 CMR
				7.00:
Appendix C
if:
1. A timely and complete application for an initial application
				or renewal of an operating permit has been submitted pursuant to
				310 CMR
				7.00:
Appendix C
(3)(a) (facility may
				continue to operate until the Department takes final action on the
				application); and
2. The applicant submits any information requested in writing
				by the Department within the timelines established.
(c) This application shield does not relieve an owner or
				operator of a facility subject to
				310 CMR
				7.00:
Appendix C
from complying with
				the terms and conditions of any operating permit or applicable requirement. For
				initial permit issuance, the application shield does not relieve an owner or
				operator of said facility from complying with any applicable state and federal
				laws and regulations.
(d) The submittal of a complete application shall not affect
				the requirement that any source have a preconstruction approval under
				310 CMR
				7.02 if applicable.
(e) In the event that the Department has not taken final action
				on an operating permit renewal application prior to an existing operating
				permit's expiration date, the permit shall remain in effect until the
				Department takes final action on the renewal application, provided that a
				timely and complete renewal application has been submitted in accordance with
				310 CMR
				7.00:
Appendix C
(13).
(f) An application shield terminates automatically upon either
				of the following:
1. The Department's final action on the application for the
				initial operating permit or for the renewal; or
2. Failure of the applicant to submit additional information
				requested by the Department in writing within the deadline established by the
				Department pursuant to
				310 CMR
				7.00:
Appendix C
(5)(f).
(g) An application shield terminated pursuant to
				310 CMR
				7.00:
Appendix C
(5)(f) will be
				reinstated upon receipt of a submittal meeting all the requirements of a
				complete initial permit application, including any application fee.
(12)
Permit Shield
.
(a) An owner or operator of a facility subject to
				310 CMR
				7.00:
Appendix C
will not be subject
				to enforcement action for operating not in compliance with all applicable
				requirements provided said facility is in compliance with its permit terms and
				the Department expressly included in the facility's operating permit a
				provision stating that compliance with the conditions of the permit shall be
				deemed compliance with any applicable requirements as of the date of permit
				issuance, provided that:
1. Such applicable requirements are included and are
				specifically identified in the permit; or
2. The Department, in acting on the permit application or
				revision, determines in writing that other requirements specifically identified
				are not applicable and the permit includes the determination or a concise
				summary thereof.
(b) Nothing in
				310 CMR
				7.00:
Appendix C
(12)(a) or in any
				operating permit shall alter or affect the following:
1. The provisions of
				42 U.S.C.
				7401, §
								303
				(Emergency Orders), including the authority of the EPA under
				42 U.S.C.
				7401, §
								303;
2. The liability of an owner or operator of a facility subject
				to
				310 CMR
				7.00:
Appendix C
for any violation of
				applicable requirements prior to or at the time of permit issuance; 3. The
				applicable requirements of the acid rain program, consistent with
				42 U.S.C.
				7401, §
								408(a);
				or
4. The ability of EPA to obtain information from a source
				pursuant to
				42 U.S.C.
				7401, §
								114.
(c) In the event that the Department has not taken final action
				on an operating permit renewal application prior to an existing operating
				permit's expiration date, the permit shall remain in effect until the
				Department takes final action on the renewal application, provided that a
				timely and complete renewal application has been submitted in accordance with
				310 CMR
				7.00:
Appendix C
(13).
(13)
Renewals
.
(a) The expiration of an operating permit terminates the right
				of the owners or operators of a facility subject to
				310 CMR
				7.00:
Appendix C
to operate any
				emission unit, control equipment or associated equipment covered by the permit
				unless a timely and complete renewal application is submitted pursuant to
				310 CMR
				7.00:
Appendix C
(4)(b)4.
(b) Applications for renewal of operating permits are subject
				to the same requirements for public participation and EPA and affected state(s)
				oversight that apply to initial permit applications (310 CMR
				7.00:
Appendix C
(6)).
(c) An application for renewal of an operating permit shall
				include the results of such testing as is necessary, at the discretion of the
				Department, to verify that emissions from the equipment or control apparatus
				meet the compliance emission limitations established in an approval issued
				pursuant to
				310 CMR
				7.00 or an operating permit issued under
				310 CMR
				7.00:
Appendix C
. If such testing is
				required, the applicant shall comply with the procedures outlined in
				310 CMR
				7.00:
Appendix C
(9) testing and
				monitoring.
(d) Any owner or operator of a facility subject to
				310 CMR
				7.00:
Appendix C
filing a timely and
				complete application for renewal of an operating permit shall be provided with
				an Application shield as prescribed in
				310 CMR
				7.00:
Appendix C
(11).
(14)
Reopenings for Cause
.
(a) The Department shall reopen and amend a permit when:
1. Additional federal requirements (including, but not limited
				to, standards or requirements pursuant to
				42 U.S.C.
				7401, §§
								112(d),
				112(g),
				112(h)
				and
				112(j))
				become applicable to a facility with a remaining permit term of three or more
				years. Such a reopening and amendment shall be completed not later than 18
				months after promulgation of the applicable federal requirement. No such
				reopening is required if the effective date of the requirement is later than
				the date on which the permit is due to expire unless the original permit or any
				of its terms and conditions has been extended pursuant to
				310 CMR
				7.00:
Appendix C
(11)(e).
2. Additional requirements (including excess emission
				requirements) become applicable to an affected source under the acid rain
				program. Upon approval by the EPA, excess emissions offset plans shall be
				deemed to be incorporated into the permit.
3. The Department or EPA determines that the permit contains a
				material mistake or that inaccurate statements were made in establishing the
				emissions standards, limitations, or other terms or conditions of the
				permit.
4. The Department or EPA determines that the permit must be
				revised to assure compliance with the applicable requirements.
(b) Proceedings to reopen and issue a permit shall follow the
				same procedures as apply to initial permit issuance and shall affect only those
				parts of the operating permit for which cause to reopen exists. Such reopenings
				shall be made as expeditiously as practicable.
(c) Reopening under
				310 CMR
				7.00:
Appendix C
(14)(a) shall not be
				initiated before a notice of such intent is provided to the facility by the
				Department at least 30 days in advance of the date that the permit is to be
				reopened, except that the Department may provide a shorter time period in the
				case of an emergency.
(15)
General Operating Permits
.
(a) The Department may, after notice and opportunity for public
				comment provided at
				310 CMR
				7.00:
Appendix C
(6), issue a general
				operating permit applicable to numerous similar operations or facilities. Each
				general operating permit shall specify criteria by which facilities may qualify
				for the general operating permits. General operating permits shall contain as
				applicable, the requirements of
				310 CMR
				7.00:
Appendix C
(3)(g).
(b) Facilities subject to the requirements of
				310 CMR
				7.00:
Appendix C
(2) (Applicability)
				may seek a general operating permit previously issued by the Department, where
				appropriate, by applying to the Department under the requirements of
				310 CMR
				7.00:
Appendix C
(5). An application
				shield shall apply (310 CMR 7.00:
Appendix
				C
(11)).
(c) Affected units subject to the acid rain requirements of
				42 U.S.C.
				7401, Title IV are not eligible for general
				operating permits unless otherwise provided for under regulations promulgated
				by EPA under
				42 U.S.C.
				7401, Title IV.
(d) The approval of a facility's request for authorization to
				operate under a general operating permit shall not be a final permit action for
				the purpose of judicial review.
(e) Any permittee in possession of a general operating permit
				who proposes a modification to the equipment or control device which deviates
				from any term or condition of the general operating permit, shall apply for an
				individual operating permit consistent with the rules and procedures under
				310 CMR
				7.00:
Appendix C
.
(f) Notwithstanding the shield provisions of
				310 CMR
				7.00:
Appendix C
(12) the owner or
				operator of the facility shall be subject to enforcement action for operation
				without an operating permit if the facility is later determined not to qualify
				for the conditions and terms of the general permit.
(g) If a facility can no longer be covered under the general
				permit terms and conditions, the owner or operator of said facility must apply
				for an individual operating permit.
(16)
Emergency Conditions
.
(a) The owner or operator of a facility subject to
				310 CMR
				7.00:
Appendix C
shall be shielded
				from enforcement action brought for non-compliance with technology-based
				emission limits specified in the operating permit as a result of an emergency.
				An emergency constitutes an affirmative defense to an action brought for
				noncompliance with such technology-based emission limitations if the conditions
				of
				310 CMR
				7.00:
Appendix C
(16) are met. The
				affirmative defense of emergency shall be demonstrated through properly signed,
				contemporaneous operating logs, or other relevant evidence that:
1. An emergency occurred and that the cause(s) of the emergency
				can be identified;
2. The facility was at the time being properly operated;
3. During the period of the emergency all reasonable steps were
				taken as expeditiously as possible to minimize levels of emissions that
				exceeded the emission standards, or other requirements in the operating permit;
				and
4. Notice of the emergency was submitted to the Department
				within two business days of the time when emission limitations were exceeded
				due to the emergency. This notice fulfills the requirement of
				310 CMR
				7.00:
Appendix C
(10). This notice
				must contain a description of the emergency, any steps taken to mitigate
				emissions, and corrective actions taken.
(b) In any enforcement proceeding, the permittee seeking to
				establish the occurrence of an emergency has the burden of proof.
(c) This provision is in addition to any emergency or upset
				provision contained in any applicable requirement.