Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.19 - U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NO )

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a)310
			 CMR 7.19 shall apply in its entirety to any person who owns, leases, operates
			 or controls any facility having potential to emit, before application of air
			 pollution control equipment, greater than or equal to 50 tons per year (TPY) of
			 NOx.
(b) Any
			 person who owns, leases, operates or controls a facility subject to 310 CMR
			 7.19, which has had actual emissions greater than or equal to 50 TPY in any
			 year after 1989, shall continue to comply with all requirements of 310 CMR 7.19
			 even if emissions from the subject facility no longer exceed the 50 TPY
			 applicability threshold in 310 CMR 7.19(1)(a). (c) The requirements of 310 CMR
			 7.19 do not apply to:
1. Any person subject
			 to 310 CMR 7.19 who is able to demonstrate to the Department that, after
			 calendar year 1989, the facility has not emitted 50 TPY or more of NO, provided
			 that the person obtains a permit restriction from the Department under
			 310 CMR
			 7.02(9)  (Restricted
			 Emission Status or RES) by May 31, 1995, which restricts the potential
			 emissions to below 50 TPY, and complies with the permit restriction by May 31,
			 1995. Persons who have obtained an RES prior to May 31, 1995, may notify the
			 Department of their intent to operate in compliance with one of the rolling
			 12-month emission caps under
			 310 CMR
			 7.02(11)(e) or (f) as a
			 means of limiting the facility's potential emissions to 25 TPY or less of
			 NO.
2. Any emission unit that has a
			 permit restriction prohibiting it from operating between May
			 1st and September 30th of
			 each year and restricting potential emissions to less than 50 tons per year of
			 NO from the emission unit.
3. Any
			 boiler having an energy input capacity of less than 20,000,000 Btu per hour
			 provided that potential emissions from the emission unit are less than 50 TPY
			 of NO.
4. Any stationary combustion
			 turbine having an energy input capacity of less than 25,000,000 Btu per
			 hour.
5. Any stationary
			 reciprocating internal combustion engine having an energy input capacity of
			 less than 3,000,000 Btu per hour.
6. Any glass melting furnace having a maximum
			 production rate of less than 14 tons of glass removed from the furnace per
			 day.
7. Any other furnace, kiln,
			 dryer or oven having potential emissions less than 25 TPY of
			 NOx.
8. Any
			 municipal waste combustor unit having potential emissions of less than 25 TPY
			 of Nox.
9.
			 Any person who, since January 1, 1990, obtains a plan approval for an emission
			 unit under
			 310 CMR
			 7.02 where such approval establishes BACT or
			 LAER to be no less stringent than the RACT applicable to the facility size and
			 type, as defined in 310 CMR 7.19. Such person shall comply with the BACT or
			 LAER established in the plan approval, and is not subject to RACT standards of
			 310 CMR 7.19 as may otherwise be applicable, until the applicable RACT
			 standards of 310 CMR 7.19 become more stringent than the BACT or LAER
			 established in the plan approval, at which time the person shall become subject
			 to the updated RACT standards.
10.
			 Any large municipal waste combustor unit subject to
			 310 CMR
			 7.08(2).
11. Any engine subject to and in compliance
			 with
			 310 CMR
			 7.26(43).
(d) Any large boiler subject to 310 CMR
			 7.19(4)(b), or combustion turbine subject to 310 CMR 7.19(7)(b), that, as of
			 March 9, 2018 has an annual capacity factor of less than 10% averaged over the
			 most recent three year consecutive period, shall not be required to meet the
			 applicable emission standards. If such a boiler or combustion turbine
			 subsequently meets or exceeds the 10% capacity factor based on a three calendar
			 year consecutive period, the owner/operator of the boiler or combustion turbine
			 shall notify the Department in writing, and, if applicable, submit an Emission
			 Control Plan pursuant to 310 CMR 7.19(3)(a)1., within 180 days of the end of
			 the three-year period, and shall comply with the applicable NO emission
			 standards within two years of the end of the three-year period.