Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Appendix A - Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-uses

Current through Register 1525, July 5, 2024
(1)
Introduction.
310 CMR
				7.00:
Appendix A
sets forth the
				Massachusetts preconstruction review program for stationary sources of air
				pollution (not including indirect sources) pursuant to sections 172(c)(5) and
				173 of the Clean Air Act. A new major source or major modification either that
				is located in an area designated as nonattainment pursuant to section 107(d) of
				the Act, published at 40 CFR 81, for any National Ambient Air Quality Standards
				(NAAQS) for which the source or modification would be major or that is major
				for volatile organic compounds or oxides of nitrogen must meet the stringent
				conditions set forth in this appendix prior to receiving approval to construct.
				These conditions are designed to insure that the increased emissions will be
				controlled to the greatest degree possible; that more than equivalent
				offsetting emission reductions (emission offsets) will be obtained from
				existing sources; and that there will be reasonable further progress toward
				achievement of the National Ambient Air Quality Standards (NAAQS).
(2)
Definitions
. The definitions found
				in
				310 CMR
				7.00 apply to
				310 CMR
				7.00:
Appendix A
. The following words
				and phrases shall have the following meanings as they appear in
				310 CMR
				7.00:
Appendix A
. Where a term is
				defined in
				310 CMR
				7.00 and the definition also appears in
				310 CMR
				7.00:
Appendix A
(2) the definition in
				310 CMR
				7.00:
Appendix A
controls.
Actual Emissions
means:
(a) As of a particular date, actual emissions shall equal the
				average rate, in tons per year, at which the unit actually emitted the
				pollutant during a two-year period which precedes the particular date and which
				is representative of normal source operation. The Department shall allow the
				use of a different time period upon a determination that it is more
				representative of normal source operation. Actual emissions shall be calculated
				using the unit's actual operating hours, production rates, and types of
				materials processed, stored, or combusted during the selected time period. For
				the purposes of calculating a net emissions increase where actual emissions
				exceed allowable emissions, the actual emissions for the unit will be presumed
				to be equivalent to the source-specific allowable emissions of the unit.
(b) For either an electric utility steam generating unit (other
				than a new unit or the replacement of an existing unit) or an emissions unit(s)
				complying with
				310 CMR
				7.08(2),
				7.18,
				7.19,
				7.24,
				or
				7.34,
				actual emissions of the unit following the physical or operational change shall
				equal the representative actual annual emissions of the unit, provided the
				source owner or operator maintains and submits to the Department, on an annual
				basis for a period of five years from the date the unit resumes regular
				operation, information demonstrating that the physical or operational change
				did not result in an emissions increase. A longer period, not to exceed ten
				years, may be required by the Department if it determines such period to be
				more representative of normal source post-change operations.
(c) For any emissions unit (except as provided for in
				310 CMR
				7.00:
Appendix A
Actual
				Emissions
(b)) which has not begun normal operations on the
				particular date, actual emissions shall equal the federal potential emissions
				of the unit on that date.
Allowable Emissions
means the
				emissions rate, in tons per year, of a stationary source calculated by
				multiplying the maximum rated capacity of the source (unless the source is
				subject to federally enforceable limits which restrict the operating rate, or
				hours of operation, or both) times the most stringent of:
(a) Any applicable standards set forth in 40 CFR part 60 (NSPS)
				or 61 (NESHAPS);
(b) Any applicable Massachusetts SIP emissions limitation
				including a limitation with a future compliance date; or
(c) Any emissions rate specified as a federally enforceable
				permit condition, including a limitation with a future compliance date.
Begin Actual Construction
means
				physical on-site construction activities on an emissions unit which is of a
				permanent nature. Such activities include, but are not limited to, installation
				of building supports and foundations, laying of underground pipework, and
				construction of permanent storage structures. With respect to a change in
				method of operation, this term refers to those on-site activities other than
				preparatory activities which mark the initiation of the change.
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 (or
				persons under common control). Any marine vessel is a part of a facility while
				docked at the facility. Any marine vessel is a part of an Outer Continental
				Shelf (OCS) source while docked at and within 25 miles en route to and from the
				OCS source. Pollutant-emitting activities shall be considered as part of the
				same industrial grouping if they belong to the same Major Group
				(
i.e.
, which have the same two-digit code) as described in the
Standard Industrial Classification Manual
, 1987.
Clean Coal Technology (CCT)
means any
				technology at a new or existing emissions unit(s), including technologies
				applied at the precombustion, combustion, or post combustion stage, which will
				achieve significant reductions in air emissions of sulfur dioxide or oxides of
				nitrogen associated with the utilization of coal in the generation of
				electricity, or process steam which was not in widespread use as of November
				15, 1990.
Clean Coal Technology Demonstration
				Project
means a project using funds appropriated under the heading
				'Department of Energy-Clean Coal Technology,' up to a total amount of
				$2,500,000,000 for commercial demonstration of clean coal technology, or
				similar projects funded through appropriations for the United States
				Environmental Protection Agency (EPA). The Federal contribution for a
				qualifying project shall be at least 20% of the total cost of the demonstration
				project.
Coastal Waters
means tidal waters over
				permanently or periodically submerged lands lying between the mean high tide
				line and a line seaward from the coastline to the boundary line of each State.
				The boundary shall extend no more than three geographical miles into the
				Atlantic Ocean.
Commence
means as applied to
				construction of a major stationary source or major modification that the owner
				or operator has all necessary preconstruction approvals or permits and either
				has:
(a) Begun, or caused to begin, a continuous program of actual
				on-site construction of the source, to be completed within a reasonable time;
				or,
(b) Entered into binding agreements or contractual obligations,
				which cannot be canceled or modified without substantial loss to the owner or
				operator, to undertake a program of actual construction of the source to be
				completed within a reasonable time.
Complete
means, in reference to an
				application for a plan approval, that the application contains all of the
				information necessary for processing the application, as determined by the
				Department. Designating an application administratively complete for purposes
				of permit processing does not preclude the Department from requesting or
				accepting any additional information.
Construction
means any physical change
				or change in the method of operation (including fabrication, erection,
				installation, demolition, or modification of an emissions unit) which would
				result in an increase in actual emissions.
Corresponding Onshore Area
means, for
				stationary sources located in, or on, navigable rivers and lakes, coastal
				waters, or the Outer Continental Shelf (OCS), the onshore attainment or
				nonattainment area which is closest to the source. However, the Department or
				EPA may determine that another area with more stringent requirements with
				respect to the control and abatement of air pollution may reasonably be
				expected to be affected by such emissions. Such determination shall be based on
				the potential for air pollutants from the offshore source to reach the other
				onshore area and the potential of such air pollutants to affect the efforts of
				the other onshore area to attain or maintain any Federal or State ambient air
				quality standard or to comply with the provisions of
				310 CMR
				7.00:
Appendix A
.
Electric Utility Steam Generating Unit
means any steam electric generating unit that is constructed for the purpose of
				supplying more than a of its potential electric output capacity and more than
				25 MW electrical output to any utility power distribution system for sale. Any
				steam supplied to a steam distribution system for the purpose of providing
				steam to a steam-electric generator that would produce electrical energy for
				sale is also considered in determining the electrical energy output capacity of
				the affected facility.
Emissions Unit means any part of a stationary source, which
				emits or would have federal potential emissions of any pollutant (including
				fugitive emissions), subject to regulation under the Act.
Energy Input
means the total gross
				calorific value (where gross calorific value is measured by ASTM Method
				D2015-66, D240-64, or D1826-64) of all fuels burned. Energy input is calculated
				in British thermal units (Btu) per hour using the higher heating value of the
				fuel.
Fossil Fuel-Fired Boiler
means a unit
				(or combination of such units) which combusts fossil fuel (or receives energy
				from other fossil fuel-fired units) to produce steam by indirect heat transfer
				and includes such units that produce steam for electric generation. The energy
				input for such units includes any energy provided to such units from the
				combustion of fossil fuels in other units. The total energy input from fossil
				fuel-firing for a combination of such units is the sum of the energy inputs
				from fossil fuel-firing for each unit.
Fossil Fuel-Fired Electric Plant
means
				one or more units (a plant) that combust fossil fuel to produce electricity.
				The total energy input for such a plant from fossil fuel-firing is the sum of
				the energy inputs from fossil fuel-firing for each combustion unit that is part
				of such plant.
Fugitive Emissions
means those
				emissions which could not reasonably pass through a stack, chimney, vent or
				other functionally equivalent opening.
Indian Governing Body
means the
				governing body of any tribe, band, or group of Indians subject to the
				jurisdiction of the United States and recognized by the United States as
				possessing power of self-government.
Indian Tribe
means any Indian tribe,
				band, nation, or other organized group or community which is Federally
				recognized as eligible for the special programs and services provided by the
				United States to Indians because of their status as Indians.
Lowest Achievable Emission Rate (LAER)
means, for any source, the more stringent rate of emissions based on the
				following:
(a) The most stringent emissions limitation which is contained
				in any state SIP for such class or category of stationary source, unless the
				owner or operator of the proposed stationary source demonstrates that such
				limitations are not achievable; or
(b) The most stringent emissions limitation which is achieved
				in practice by such class or category of stationary source. This limitation,
				when applied to a modification, means the lowest achievable emissions rate for
				the new or modified emissions units within a stationary source.
In no event shall LAER allow a proposed new or modified
				stationary source to emit any pollutant in excess of the amount allowable
				pursuant to applicable new source standards of performance.
Major Modification
means any physical
				change in or change in the method of operation of a major stationary source
				that would result in a significant net emissions increase of any pollutant, for
				which the existing source is major, subject to regulation under the Act.
(a) Any net emissions increase that is considered significant
				for VOCs shall be considered significant for ozone; and
(b) For the purpose of applying the requirements of
				310 CMR
				7.00:
Appendix A
to major stationary
				sources of NO any significant net emissions increase of NO is considered
				significant for ozone, in addition to any separate requirements for NO under
				part C or D of Title I of the Act; and
(c) A physical change or change in the method of operation
				shall not include:
1. Routine maintenance, repair and replacement; or
2. Use of an alternative fuel or raw material by reason of an
				order under sections 2 (a) and (b) of the Energy Supply and Environmental
				Coordination Act of 1974 (or any superseding legislation) or by reason of a
				natural gas curtailment plan pursuant to the Federal Power Act; or
3. Use of an alternative fuel by reason of an order or rule
				under sec. 125 [Measures to Prevent Economic Disruption or Unemployment] of the
				Act; or
4. Use of an alternative fuel at a steam generating unit to the
				extent that the fuel is generated from municipal solid waste; or
5. Use of an alternative fuel or raw material by a stationary
				source where:
a. The source is approved to use such fuel or raw material
				under any plan approval issued under
				310 CMR
				7.00:
Appendix A
; or
b. The source was capable of accommodating such fuel or raw
				material before December 21, 1976, unless such change would be prohibited under
				any federally-enforceable permit condition which was established after December
				21, 1976 pursuant to 40 CFR part 52.21 (Prevention of significant deterioration
				of air quality), plan approval requirements under
				310 CMR
				7.02(1),
				7.00:
Appendix
				A
,
Appendix B
(3), operating permits issued either
				under
				310 CMR
				7.00:
Appendix C
or pursuant to 40
				CFR part 71 or prohibited under any other federally-enforceable regulatory
				requirements; or
6. An increase in the hours of operation or in the production
				rate, unless such change is prohibited under any federally-enforceable permit
				condition which was established after December 21, 1976 pursuant to
				40 CFR
				52.21 (Prevention of significant
				deterioration of air quality), plan approval requirements under
				310 CMR
				7.02(2),
				310 CMR
				7.00:
Appendix A
,
				310 CMR
				7.00:
Appendix B
(3), operating
				permits issued either under
				310 CMR
				7.00:
Appendix C
or pursuant to 40
				CFR part 71 or prohibited under any other federally-enforceable regulatory
				requirements; or
7. Any change in ownership at a stationary source; or
8. The addition, replacement or use of a pollution control
				project at either an existing electric utility steam generating unit or an
				emissions unit(s) in order to comply with
				310 CMR
				7.08(2),
				7.18,
				7.19,
				7.24,
				or
				7.34,
				unless the Department determines that such addition, replacement, or use
				renders the unit less environmentally beneficial; or unless a. The Department
				has reason to believe that the pollution control project would result in a
				significant net increase in representative actual annual emissions of any
				criteria pollutant over levels used for that source in the most recent air
				quality impact analysis in the area conducted for the purpose of Title I of the
				Act, if any; and b. The Department determines that the increase will cause or
				contribute to a violation of any national ambient air quality standard or PSD
				increment, or visibility limitation; or
9. The installation, operation, cessation, or removal of a
				temporary clean coal technology demonstration project, provided that the
				project complies with:
a. the Massachusetts SIP, and
b. other requirements necessary to attain and maintain the
				national ambient air quality standard during the project and after it is
				terminated.
Major Stationary Source
means any
				stationary source of air pollutants which emits, or has the federal potential
				emissions greater than or equal to, 100 tpy or more of any pollutant subject to
				regulation under the Act, except that lower emissions thresholds shall apply as
				follows:
50 TPY of volatile organic compounds (VOC), or
50 TPY of oxides of nitrogen
				(NOx).
In addition, any physical change that would occur at a
				stationary source not previously qualifying as a major stationary source will
				be considered a major stationary source, if the physical change would result in
				the following increases either in actual emissions or in the federal potential
				to emit, greater than or equal to:
50 TPY of volatile organic compounds (VOC), or
50 TPY of oxides of nitrogen (NOx),
				or
100 TPY or more of any other pollutant subject to regulation
				under the Act.
(a) A stationary source that is major for VOC shall be
				considered major for ozone. VOC emissions, as precursors to the pollutant
				ozone, are subject to the requirements of
				310 CMR
				7.00:
Appendix A
; and
(b) For the purpose of applying the requirements of
				310 CMR
				7.00:
Appendix A
to major stationary
				sources of NO a stationary source that is major for NO is considered major for
				ozone, in addition to any separate requirements for NO under part C or D of
				Title I of the Act; and
(c) The fugitive emissions of a stationary source shall not be
				included in determining, for any of the purposes of
				310 CMR
				7.00:
Appendix A
, whether the
				stationary source is a major stationary source, unless the stationary source
				belongs to one of the following categories of stationary sources:
Carbon black plants (furnace process); or
Coal cleaning plants (with thermal dryers); or
Coke oven batteries; or
Charcoal production plants; or
Chemical process plants; or
Fuel conversion plants; or
Fossil fuel-fired boilers (or combination thereof)
totaling more than 250 million British thermal units per hour
				heat input; or
Fossil fuel-fired electric plants of more than 250 million
				British thermal units per hour heat input; or
Glass fiber manufacturing plants; or
Hydrofluoric acid plants; or
Iron and steel mills; or
Kraft pulp mills; or
Lime plants; or
Municipal incinerators (or combinations thereof) capable of
				charging more than 50 tons of refuse per day; or
Nitric acid plants; or
Outer continental shelf sources; or
Petroleum refineries; or
Petroleum storage and transfer units with a total storage
				capacity exceeding 300,000 barrels; or
Phosphate rock processing plants; or
Portland cement plants; or
Primary aluminum ore reduction plants; or
Primary copper smelters; or
Primary lead smelters; or
Primary zinc smelters; or
Secondary metal production plants; or
Sintering plants; or
Sulfuric acid plants; or
Sulfur recovery plants; or
Taconite ore processing plants; or
Any other stationary source category regulated under sec. 111
				(NSPS) or 112 (NESHAPS) of the Act before November 15, 1990.
Navigable Rivers and Lakes
means
				non-tidal bodies of water which were navigable at the time the States in which
				they are located became members of the United States. This term does not
				include waters over lands now or heretofore constituting a part of the public
				lands of the United States, if such lands were not meandered in connection with
				the public survey of such lands under the laws of the United States and title
				to such lands was lawfully conveyed from the United States or any State to any
				person.
Necessary Preconstruction Approvals or
				Permits
means those permits or plan approvals required under
				Federal air quality control laws and regulations, and those air quality control
				laws and regulations which are part of the Massachusetts State Implementation
				Plan.
Net Emissions Increase
means
(a) The amount by which the sum of the following exceeds
				zero:
1. Any increase in actual emissions from a particular physical
				change or change in the method of operation at a stationary source; and
2. Any other increases and decreases in actual emissions at the
				source shall be included for netting purposes, that are contemporaneous with
				the particular change and are otherwise creditable as described in
				310 CMR
				7.00:
Appendix A
Net
				Emissions Increase
(b), (c), (d), (e) and (f).
(b) An increase or decrease is contemporaneous with the
				particular change only if it occurs over any period of five consecutive
				calendar years which includes the calendar year the increase will occur, but
				not earlier than January 1, 1990.
(c) An increase or decrease in actual emissions must have
				occurred prior to the increase from the particular change in order for the
				increase or decrease to be considered contemporaneous for purposes of
				calculating a net emissions increase.
(d) An increase or decrease in actual emissions is creditable
				only if the increase or decrease in actual emissions has not been credited in a
				previous plan approval issued under
				310 CMR
				7.00:
Appendix A
, unless that
				approval has been rescinded.
(e) An increase in actual emissions is creditable only to the
				extent that the new level of actual emissions exceeds the old level.
(f) A decrease in actual emissions is creditable only to the
				extent that:
1. The old level of actual emissions or the old level of
				allowable emissions, whichever is lower, exceeds the new level of actual
				emissions; and
2. It is federally-enforceable at and after the time that
				actual construction on the particular change begins; and
3. The reduction was not required as a condition of the
				Massachusetts SIP, in demonstrating attainment or reasonable further progress,
				in issuing any permit or plan approval under
				310 CMR
				7.00:
Appendix A
,
				310 CMR
				7.02(3)(j)6. (BACT
				requirement),
				40 CFR
				52.21(PSD), operating
				permits issued either under
				310 CMR
				7.00:
Appendix C
or 40 CFR part 71 or
				otherwise required under the Act; and
4. For VOC emissions, the decreased emissions have
				approximately the same qualitative significance for public health and welfare
				as that attributed to the increase from the particular change; and
5. The unit was actually operated one or more years and emitted
				the nonattainment pollutant for which the decrease is being sought. Reductions
				of permitted emissions for units that were never operated cannot be considered
				creditable emissions decreases.
(g) An emissions increase that results from a physical change
				at a source occurs when the emissions unit on which construction occurred
				becomes operational and begins to emit a particular pollutant. Any replacement
				unit that requires shakedown becomes operational only after a reasonable
				shakedown period, not to exceed 180 days.
(h) Emission reduction credits (ERCs) withdrawn from the
				Department's Emission Reduction Banking System are creditable if the ERCs meet
				the criteria in
				310 CMR
				7.00:
Appendix A
Net
				Emissions Increase
(a) through (g).
Nonattainment Pollutant
means an air
				pollutant (or precursor of the pollutant, as applicable) for which an area is
				designated nonattainment (as of the date on which a complete application is
				filed) pursuant to § 107(d) [Nonattainment Designations] of the Act or
				oxides of nitrogen (NOx) or volatile organic compounds (VOC).
Outer Continental Shelf (OCS)
shall
				have the meaning provided, as of the date of promulgation of
				310 CMR
				7.00, by section 2 of the Outer Continental Shelf
				Lands Act (43 U.S.C. 1331
et seq
).
Outer Continental Shelf Source
means
				any equipment, activity, or facility which:
(a) Emits or has federal potential emissions of any air
				pollutant; and
(b) Is regulated or authorized under the Outer Continental
				Shelf Lands Act (43 U.S.C. 1331
et seq
); and
(c) Is located on the OCS or in or on the waters above the
				OCS.
Pollution Control Project
means any
				activity or project at either an existing electric utility steam generating
				unit or at an emissions unit(s) to comply with
				310 CMR
				7.08(2),
				7.18,
				7.19,
				7.24,
				or
				7.34
				for purposes of reducing emissions from such unit. Such activities or projects
				are limited to:
(a) The installation of conventional or innovative pollution
				control technology, including but not limited to advanced flue gas
				desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides
				controls and electrostatic precipitators; or
(b) an activity or project to accommodate switching to a fuel
				which is less polluting than the fuel used prior to the activity or project,
				including, but not limited to natural gas or coal re-burning, or the co-firing
				of natural gas and other fuels for the purpose of controlling emissions;
				or
(c) a permanent clean coal technology demonstration project
				conducted under title II, sec. 101(d) of the Further Continuing Appropriations
				Act of 1985 (sec. 5903(d) of title 42 of the United States Code), or subsequent
				appropriations, up to a total amount of $2,500,000,000 for commercial
				demonstration of clean coal technology, or similar projects funded through
				appropriations for the EPA; or
(d) a permanent clean coal technology demonstration project
				that constitutes a repowering project; or
(e) an activity or project to reduce emissions of VOC or NO to
				comply with
				310 CMR
				7.08(2),
				7.18,
				7.19,
				7.24,
				or
				7.34.
Reasonable Further Progress
means such
				annual incremental reductions in emissions of the relevant air pollutant as are
				required by part D (Plan Requirements for Nonattainment Areas) of the Act or
				may reasonably be required by the Department or EPA for the purpose of ensuring
				attainment of the applicable national ambient air quality standards in an area
				by the applicable statutory deadline or resulting from shutdowns that are
				credited towards attainment.
Repowering
means:
(a) replacement of an existing coal-fired boiler with one of
				the following clean coal technologies: atmospheric or pressurized fluidized bed
				combustion, integrated gasification combined cycle, magnetohydrodynamics,
				direct and indirect coal-fired turbines, integrated gasification fuel cells, or
				as determined by the EPA, in consultation with the Secretary of Energy, a
				derivative of one or more of these technologies, and any other technology
				capable of controlling multiple combustion emissions simultaneously with
				improved boiler or generation efficiency and with significantly greater waste
				reduction relative to the performance of technology in widespread commercial
				use as of November 15, 1990; or (b) any oil and/or gas-fired unit which has
				been awarded clean coal technology demonstration funding as of January 1, 1991,
				by the Department of Energy.
Representative Actual Annual Emissions
means the average rate, in tons per year, at which the source is projected to
				emit a pollutant for the two-year period after a physical change or change in
				the method of operation of a unit, (or a different consecutive two-year period
				within ten years after that change, where the Department determines that such
				period is more representative of normal source operations), considering the
				effect any such change will have on increasing or decreasing the hourly
				emissions rate and on projected capacity utilization. In projecting future
				emissions the Department:
(a) shall consider all relevant information, including but not
				limited to historical operational data, the company's own representations,
				filings with Massachusetts Department of Public Utilities or Federal regulatory
				authorities, filings with the Department pursuant to
				310 CMR
				7.12, Department regulations and approvals
				issued pursuant to those regulations and compliance plans under title IV of the
				Clean Air Act; and
(b) shall exclude, in calculating any increase in emissions
				that results from the particular physical change or change in the method of
				operation at an electric utility steam generating unit, that portion of the
				unit's emissions following the change that could have been accommodated during
				the representative baseline period and is attributable to an increase in
				projected capacity utilization at the unit that is unrelated to the particular
				change, including any increased utilization due to the rate of electricity
				demand growth for the utility system as a whole.
Secondary Emissions
means emissions
				which would occur as a result of the construction or operation of a major
				stationary source or major modification, which do not come from the major
				stationary source or major modification itself. For the purpose of
				310 CMR
				7.00:
Appendix A
, secondary emissions
				must be specific, well defined, quantifiable, and impact the same general area
				as the stationary source or modification which causes the secondary emissions.
				Secondary emissions include emissions from any offsite support facility which
				would not otherwise be constructed or undergo an increase in emissions except
				as a result of the construction or operation of the major stationary source or
				major modification. Secondary emissions do not include tailpipe emissions from
				any source regulated under title II of the Act or any emissions from
				in-transit, non-OCS marine vessels.
Significant
means
(a) In reference to a net emissions increase or the potential
				of a source to emit any of the following pollutants, a rate of emissions that
				would equal or exceed any of the following rates:
POLLUTANT EMISSION RATE
Carbon monoxide:
100 tpy
Ozone:
25 tpy of nitrogen oxides
							 (NOx) where an administratively complete application was
							 received on or after November 15, 1992 for the physical change or change in the
							 method of operation.
Ozone:
40 tpy of VOC
25 tpy of VOC where an administratively complete
							 application was received on or after November 15, 1992 for the physical change
							 or change in the method of operation.
Sulfur dioxide:
40 tpy
Particulate matter:
15 tpy as PM10
Lead:
0.6 tpy
(b) A net increase in emissions of VOCs or NO that would result
				from either any physical change in or change in the method of operation, of a
				stationary source is significant if such increase exceeds applicable thresholds
				when aggregated with all, creditable and contemporaneous, increases and
				decreases, in emissions of the same pollutant.
Stationary Source
means any building,
				structure, facility, or installation which emits or which may emit any air
				pollutant subject to regulation under the Act.
(a) A stationary source may consist of one or more emissions
				units and:
1. may be a land-based point or area source; or
2. may be located in, or on, the OCS or other submerged lands
				beneath navigable waters (lakes, rivers, and coastal waters adjacent to Outer
				Continental Shelf lands); or
3. may be any internal combustion engine, or engine
				combination, greater than 175 horsepower (hp) used for any stationary
				application; or
4. may be any internal combustion engine regulated under Sec.
				111 (NSPS) of the Act, regardless of size; or
5. may be any internal combustion engine of less than 175
				horsepower (hp) not actually controlled to meet a regulation under Sec. 213
				(Nonroad Engines and Vehicles) of the Act.
(b) A stationary source does not include:
1. emissions resulting directly from an internal combustion
				engine for transportation purposes; or
2. tailpipe emissions from any source regulated under title II
				of the Act or any emissions from in-transit, non-OCS marine vessels.
Temporary Clean Coal Technology Demonstration
				project
means a CCT demonstration project that is operated for a
				period of five years or less, and which complies with the Massachusetts SIP and
				other requirements necessary to attain and maintain the national ambient air
				quality standard during the project and after it is terminated.
(3)
Applicability and exemptions
.
				(
see
also
				310 CMR
				7.00:
Appendix A
(10) Source
				Obligation.)
(a) Any major stationary source or major modification to which
				the requirements of
				310 CMR
				7.00:
Appendix A
apply shall not
				receive a plan approval to begin actual construction unless the Department is
				satisfied that the stationary source or modification will meet the requirements
				of
				310 CMR
				7.00:
Appendix A
.
(b) The requirements of
				310 CMR
				7.00:
Appendix A
shall apply only to
				any new major stationary source or major modification that is major for
				either:
1. the pollutant (or precursor of the pollutant, as applicable)
				for which an area is designated nonattainment (as of the date on which a
				complete application is filed) pursuant to § 107(d) [Nonattainment
				Designations] of the Act if the stationary source or modification would be
				constructed in the designated nonattainment area; or
2. oxides of nitrogen (NOx) or volatile organic compounds
				(VOC).
(c) The requirements of
				310 CMR
				7.00:
Appendix A
shall apply in any
				Outer Continental Shelf area for which the corresponding onshore area is
				designated as nonattainment as of the date on which a complete application is
				filed in accordance with
				310 CMR
				7.00:
Appendix A
.
(d) If a stationary source is in one of the categories listed
				in the definition of
				310 CMR
				7.00:
Appendix A
Major
				Stationary Source
(c), fugitive emissions, to the extent
				quantifiable, are included when calculating federal potential emissions to
				determine if the stationary source or modification is subject to the provisions
				of
				310 CMR
				7.00:
Appendix A
.
(e) In the case of any major stationary source of volatile
				organic compounds located in the area (other than a source which emits or has
				federal potential emissions of 100 tons or more of volatile organic compounds
				per year), whenever any physical change or change in the method of operation at
				that source results in any increase (other than a
de minimis
increase) in emissions of volatile organic compounds from any discrete
				operation, unit or other pollutant emitting activity at the source, such
				increase shall be considered a modification for purposes of
				310 CMR
				7.00:
Appendix A
, except that such
				increase shall not be considered a modification for such purposes if the owner
				or operator of the source elects to offset the increase by greater reduction in
				emissions of volatile organic compounds concerned from other operations, units,
				or activities within the source at an internal offset ratio of at least 1.3 to
				1. If the owner or operator does not make such election, such change shall be
				considered a modification for such purposes, but in applying
				310 CMR
				7.00:
Appendix A
(4)(c) in the case of
				any such modification, the best available control technology (BACT), as defined
				in
				310 CMR
				7.00:
Definitions
, shall be
				substituted for the lowest achievable emission rate (LAER).
(f) In the case of any major stationary source of volatile
				organic compounds located in the area which emits or has federal potential
				emissions 100 tons or more of volatile organic compounds per year, whenever any
				physical change or change in the method of operation at that source results in
				any increase (other than a de minimis increase) in emissions of volatile
				organic compounds from any discrete operation, unit or other pollutant emitting
				activity at the source, such increase shall be considered a modification for
				purposes of
				310 CMR
				7.00:
Appendix A
, except that if the
				owner or operator of the source elects to offset the increase by a greater
				reduction in emissions of volatile organic compounds from other operations,
				units or activities within the source at an internal offset ratio of at least
				1.3 to 1, the requirements of
				310 CMR
				7.00:
Appendix A
(4)(c) (concerning
				the lowest achievable emission rate (LAER) shall not apply.
(g)
				310 CMR
				7.00:
Appendix A
(3)(e) and (f) apply
				to modifications at major stationary
sources of NOx in the same way that they
				apply to sources of volatile organic compounds.
(4)
Control technology review.
(a) A new major stationary source or major modification at an
				existing major stationary source shall meet each applicable emissions
				limitation under the Massachusetts SIP and each applicable emissions standard
				of performance under 40 CFR parts 60 (NSPS) and 61 (NESHAPS).
(b) A new major stationary source shall meet the lowest
				achievable emission rate (LAER) for each pollutant subject to the provisions of
				310 CMR
				7.00:
Appendix A
that would have
				federal potential emissions in major amounts. This provision applies to each
				new emissions unit at which emissions would occur. Major amounts are as
				follows:
1. VOC - 50 tons or more per year.
2. NOx - 50 tons or more per
				year.
3. 100 tons per year or more of any other pollutant subject to
				regulation under the Act.
(c) A major modification shall meet the lowest achievable
				emission rate (LAER) for each pollutant subject to the requirements of
				310 CMR
				7.00:
Appendix A
which would result
				in a significant net emissions increase at the source. This requirement applies
				to each proposed emissions unit at which a net emissions increase in the
				pollutant would occur as a result of the physical change or change in the
				method of operation in the unit being proposed. LAER will not be required for
				previous modifications included in the determination of net emissions increase
				considered in determining major modification status, but which are not to be
				modified as part of the proposed project.
(d) For phased construction projects, the determination of the
				lowest achievable emission rate (LAER) shall be reviewed and modified as
				appropriate at the latest reasonable time, but no later than 18 months prior to
				commencement of construction of each independent phase of the project. At such
				time, the owner or operator of the stationary source may be required to
				demonstrate the adequacy of any previous determination of the lowest achievable
				emission rate to the next phase of construction.
(5)
Reasonable Further Progress
.
(a) Sufficient offsetting emissions shall be in effect such
				that the total emissions from existing sources in the area, from new or
				modified sources which are not major stationary sources, and from the proposed
				source will be sufficiently less than the total emissions from existing sources
				prior to the application for such plan approval to construct or modify so as to
				represent (when considered together with the SIP provisions required under sec.
				172 of the Act) reasonable further progress by the time the proposed source or
				modification is to commence operation; and
(b) for the purposes of satisfying the requirements of
				310 CMR
				7.00:
Appendix A
(5)(a), the
				determination of total emissions at both the time prior to the application for
				a plan approval subject to the requirements of
				310 CMR
				7.00:
Appendix A
and the time such
				permitted source or modification would commence operation, shall be made in a
				manner consistent with the Massachusetts SIP approved by the EPA concerning
				baseline emissions for the demonstration of reasonable further progress and
				attainment of the national ambient air quality standards for the particular
				pollutant subject to review pursuant to
				310 CMR
				7.00:
Appendix A
.
(6)
Emissions Offsets
.
(a) Prior to the issuance of a plan approval for any emissions
				unit(s), for which offsets are required pursuant to
				310 CMR
				7.00:
Appendix A
, emission offsets
				must be made federally enforceable; and
(b) For a new major stationary source of NOx or major
				modification of a major stationary source of NOx located in a area that is not
				a nonattainment area, prior to commencing operation of any emission unit(s),
				for which offsets are required under
				310 CMR
				7.00:
Appendix A
, NOx emission
				offsets must actually occur and be obtained from the same source or other
				sources within the Ozone Transport Region. For a new major stationary source of
				VOC or major modification of a VOC source located in an area that is not a
				nonattainment area, prior to commencing operation of any emission unit(s), for
				which offsets are required under
				310 CMR
				7.00: Appendix A, VOC emission offsets must actually
				occur and be obtained from the same source or other sources within the Ozone
				Transport Region that contributes to a violation of the NAAQS in a
				non-attainment area that the new source or modification will impact. For a new
				major stationary source or major modification located in a nonattainment area,
				prior to commencing operation of any emission unit(s) for which offsets are
				required under
				310 CMR
				7.00:
Appendix A
, emission offsets
				must actually occur and be obtained from the same source or other sources in
				the same nonattainment area, except that such emissions reductions may be
				obtained from a source in another nonattainment area if:
1. The other area has an equal or higher nonattainment
				classification than the area in which the source is located; and
2. Where the proposed new source or modified source is located
				in a nonattainment area, emissions from such other area contribute to a
				violation of a national ambient air quality standard in the nonattainment area
				in which the proposed new or modified source would construct.
(c) Emission offsets for a land-based stationary source may not
				be obtained from Outer Continental Shelf (OCS) sources. However, emission
				offsets for an OCS source may be obtained from land-based stationary
				sources.
(d) The increase in emissions of any applicable nonattainment
				air pollutant allowed from either the proposed new major stationary source or
				from the proposed changes at the major stationary source that are part of the
				major modification, shall be offset by an equal or greater reduction, as
				applicable, in the actual emissions of such air pollutant from the same or
				other sources.
(e) In meeting the requirements of
				310 CMR
				7.00:
Appendix A
(6)(d), the ratio of
				total actual emission reductions to the increase in actual emissions shall be
				as follows:
1. 1.2:1 of VOC or NOx; or
2. 1:1 of any other pollutant subject to regulation under
				310 CMR
				7.00:
Appendix A
.
(f) Shutdowns.
1. Emissions reductions achieved by shutting down an existing
				source or curtailing production or operating hours below baseline levels may be
				generally credited if such reductions are real, surplus, permanent,
				quantifiable and federally enforceable. In addition, the shutdown or
				curtailment is creditable only if it occurred after December 31, 1990, and the
				following conditions have been met:
a. the Department has submitted a completed emissions inventory
				as required by The Clean Air Act, § 182(a)(1)ct; and
b. the Department has submitted complete revisions to
				310 CMR
				7.00:
Appendix A
as required by The
				Clean Air Act, § 182(a)(2)(C); and
c. the Department submits the 15% VOC reduction plan required
				by the Clean Air Act, § 182(b)(1)(A); and
d. the Department submits the attainment demonstration required
				by The Clean Air Act 182(c)(2); or
2. If any of the submissions in
				310 CMR
				7.00:
Appendix A
(6)(f)1.a. through d.
				are delinquent, incomplete or disapproved, emissions reductions from shutdowns
				or curtailments can not be used, unless the shutdown or curtailment occurred
				either on or after the date the new source plan approval application is filed
				or unless the applicant can establish that the proposed new source is a
				replacement for the shutdown or curtailed source, and the cutoff date
				provisions of
Appendix A
(6)(f)1. are observed.
(g) With respect to a proposed increase in VOC emissions, no
				emissions credit shall be allowed for reductions in any organic compound
				specifically excluded from the definition of "VOCs" in
				310 CMR
				7.00.
(h) Credit for an emissions reduction may not be claimed to the
				extent that the Department has relied on the reduction as a condition of the
				Massachusetts SIP, in demonstrating attainment or reasonable further progress,
				in issuing any permit or plan approval under
				310 CMR
				7.02(3)(j)6. (BACT
				requirement),
				310 CMR
				7.00:
Appendix A
,
				40 CFR
				52.21(PSD), operating
				permits issued either under
				310 CMR
				7.00:
Appendix C
or pursuant to 40
				CFR part 71 or otherwise required under the Act. Incidental emissions
				reductions which are not otherwise required under the Act may be creditable as
				emissions reductions for such purposes if such emissions reductions meet the
				applicable requirements of
				310 CMR
				7.00:
Appendix A
(6).
(i) Emission reduction credits (ERCs) withdrawn from the
				Massachusetts Emission Reduction Credit Bank (310 CMR
				7.00:
Appendix B
(3)) may be used as
				offsets, providing the ERCs are federally enforceable and meet all of the
				requirements under
				310 CMR
				7.00:
Appendix A
(6).
(j) Emission reductions generated by the seasonal control of
				ozone precursors (VOC or NOx), during the period May 1
				through September 30, may be used at any time during the calendar year.
				Emission reductions generated by the seasonal control of VOC or NO, during the
				period October 1 through April 30, may only be used during the period October 1
				through April 30th. Emission reductions generated by
				the seasonal control of carbon monoxide, during the period November
				1st through February
				28th, may be used at any time during the calendar
				year. Emission reductions generated by the seasonal control of carbon monoxide,
				during the period March 1 through October 31, may only be used during the
				period March 1st through October
				31st.
(7)
Source Impact Analysis
. The
				applicant shall demonstrate to the satisfaction of the Department that;
(a) the emissions offsets required under
				310 CMR
				7.00:
Appendix A
(6), when considered
				in conjunction with the proposed emissions increase will have a net air quality
				benefit in the affected area;
(b) the emissions from the proposed new major stationary source
				or major modification will not contribute to nonattainment in, or interfere
				with maintenance by any other state of any national primary or secondary
				ambient air quality standard; and
(c) the emissions from the proposed new major stationary source
				or major modification will not interfere with measures required to be included
				in the applicable implementation plan for any other State under a program for
				the prevention of significant deterioration or for the protection of
				visibility.
(8)
Additional Conditions for Approval
. In order for the Department to issue an approval under
				310 CMR
				7.00:
Appendix A
, the following
				conditions shall be met:
(a) All major stationary sources in Massachusetts owned or
				operated by the owner or operator of the proposed source (or by any entity
				controlling, controlled by, or under common control with such owner or
				operator) which are subject to federally enforceable emission limitations must
				be in compliance, or on a federally enforceable schedule for compliance, with
				all applicable emissions limitations and standards under the Act.
(b) By means of an analysis of alternative sites, sizes,
				production processes, and environmental control techniques for such proposed
				new or modified stationary source, the owner or operator of the proposed
				stationary source or modification shall demonstrate to the satisfaction of the
				Department that the benefits of the proposed source significantly outweigh the
				environmental and social costs imposed as a result of its location,
				construction, or modification.
(c) The Administrator has not determined that the Massachusetts
				SIP is not being adequately implemented for the nonattainment area (as
				applicable) in which the proposed stationary source or modification is to be
				constructed in accordance with the requirements of part D of the Act.
(9)
Public Participation
.
(a) The Department shall notify all applicants as to any
				administrative or technical deficiencies in the plan approval application or
				information submitted.
(b) After receipt of a technically complete application the
				Department shall:
1. Make a proposed decision as to whether the plan approval
				application shall be approved, approved with conditions, or disapproved.
2. Provide a 30-day public comment period for submittal of
				public comment;
3. 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 proposed
				decision to approve or deny the plan approval and information on how to submit
				public comment;
b. The Department's proposed decision to approve or deny the
				plan approval; and c. Information on how to access the administrative record
				for the Department's proposed decision on whether to approve or deny the plan
				approval application.
4. Send a copy of the notice required under
				310 CMR
				7.00:
Appendix A
(9)(b)3.a. to the
				applicant, the EPA, and officials and agencies having jurisdiction over the
				location where the proposed construction would occur as follows: any other
				State or local air pollution control agencies, the chief executives of the city
				where the source would be located; any comprehensive regional land use planning
				agency, and any Federal Land Manager, or Indian Governing body whose lands may
				be affected by emissions from the source or modification.
5. Consider all public comments (written and oral) submitted at
				any public hearing(s) in making a final decision on the approvability of the
				application. The Department shall make all comments available for public
				inspection in the same locations where the Department made available
				preconstruction information relating to the proposed source or
				modification.
6. Make a final decision as to whether the plan approval
				application should be approved, approved with conditions, or
				disapproved.
7. Notify the applicant in writing of the final decision and
				make such notification available for public inspection at the same location
				where the Department made available preconstruction information and public
				comments relating to the source.
(10)
Source Obligation
.
(a) Except as provided for in
				310 CMR
				7.00:
Appendix A
(10)(b),
1. any owner or operator who constructs or operates either a
				stationary source or modification not in accordance with the terms of the
				approval to construct issued under
				310 CMR
				7.00:
Appendix A
; or
2. any owner or operator of a stationary source or modification
				subject to
				310 CMR
				7.00:
Appendix A
, who commences
				construction after November 15, 1992 without applying for and receiving
				approval under
				310 CMR
				7.00:
Appendix A
,
shall be considered in noncompliance with
				310 CMR
				7.00:
Appendix A
, unless a complete
				application to construct or substantially reconstruct or alter under
				310 CMR
				7.02(1)  was filed by
				November 15, 1992 and the change was approved by the Department.
(b) If an owner or operator of a stationary source began
				construction of a new source or a modification before the applicable date
				specified in
				310 CMR
				7.00:
Appendix A
(10)(b)(1. through
				4.), then the owner or operator need not comply with 310 CMR
				310 CMR
				7.00:
Appendix A
.
1. If the source or modification resulted in an increase in
				actual emissions of VOCs, then the applicable date is January 10, 1980.
2. If the source or modification resulted in an increase in
				actual emissions of CO, then the applicable date is January 10, 1980, or the
				date on which the location in which the construction or modification occurred
				was declared in the Federal Register to be in nonattainment.
3. If the source or modification resulted in an increase in
				actual emissions of NOx, then the applicable date is November 15, 1990.
4. If the source or modification resulted in an increase in any
				other nonattainment pollutant, then the applicable date is the date on which
				the location in which the construction or modification occurred was declared in
				the Federal Register to be in nonattainment for that pollutant.
(c) Approval to construct shall become invalid if construction
				is not commenced within 18 months after receipt of such approval, if
				construction is discontinued for a period of 18 months or more, or if
				construction is not completed within a reasonable time. The Department may
				extend the 18-month period upon a satisfactory showing that an extension is
				justified. This provision does not apply to the time period between
				construction of the approved phases of a phased construction project; each
				phase must commence construction within 18 months of the projected and approved
				commencement date.
(d) Approval to construct shall not relieve any owner or
				operator of the responsibility to comply fully with applicable provisions of
				the Massachusetts SIP and any other requirements under local, State or Federal
				law.
(e) At such time that a particular source or modification
				becomes a major stationary source or major modification solely by virtue of a
				relaxation in any enforceable limitation on the capacity of the source or
				modification to emit a pollutant, where such enforceable limitation was
				established after August 7, 1980, then the requirements of
				310 CMR
				7.00:
Appendix A
shall apply to the
				source or modification as though no previous approval had been issued on the
				source or modification.