310 Mass. Reg. 7.02

Current through Register 1519, April 12, 2024

Section 7.02 - U Plan Approval and Emission Limitations

(1)Purpose and Applicability.

(a)Purpose. The purpose of 310 CMR 7.02 is to provide procedures and standards for the issuance of approvals in the Commonwealth of Massachusetts, and establish emission limitations and/or restrictions for a facility or emission unit.

(b)Plan Approvals to Construct, Substantially Reconstruct or Alter. Except as provided in 310 CMR 7.02(2), a plan approval is required prior to any construction, substantial reconstruction, alteration, or subsequent operation of a facility or emission unit that may emit air contaminants to the ambient air.

(c)Reserved.

(d)Determining Plan Approval Applicability. For the portion of the facility or emission unit that is proposed to be constructed, substantially reconstructed or altered and subsequently operated, the need for a plan approval is determined by comparing the maximum design capacity of the proposed equipment for fuel utilization facilities or the potential to emit to the plan approval thresholds in 310 CMR 7.02(4) and 310 CMR 7.02(5). For the air contaminant GHGs, the potential to emit shall be determined based on tons per year CO₂e, and 310 CMR 7.02 shall be applicable to GHGs only if construction, substantial reconstruction or alteration of a facility or emission unit results in an increase in potential emissions equal to or greater than 75,000 tons per year CO₂e. If a plan approval is required due to potential emissions of GHGs, a comprehensive plan approval shall be required pursuant to 310 CMR 7.02(5).

(e)Department Participation. In approving or denying an application for plan approval, the Department shall limit its action to matters that may cause or contribute to a condition of air pollution, including, as applicable, consideration of the results of cumulative impact analyses conducted pursuant to 310 CMR 7.02(14).

(2)Exemptions from Plan Approval.

(a)Introduction. 310 CMR 7.02(2)(b) specifies changes that may be made at a facility that are exempt from the approval requirements of 310 CMR 7.02(4) and (5). 310 CMR 7.02(2)(c) specifies situations that are not eligible for such exemption. 310 CMR 7.02(2)(d) through (f) specify record keeping, reporting and enforcement provisions.

(b)Exemptions. Except as provided by 310 CMR 7.02(2)(c), construction, substantial reconstruction or alteration of a facility or emission unit is exempt from the requirement to obtain a plan approval under 310 CMR 7.02(4) if it qualifies as one or more of the following:

1.Air Pollution Control Equipment. An air pollution control device, excluding oxidizers or afterburners, added to any facility currently in compliance with the provisions of 310 CMR 7.02. This exemption is only available where the air pollution control equipment is not otherwise required by regulation, the air pollution control equipment does not increase the potential emissions of any single criteria pollutant or any single non-criteria pollutant by one ton or more as calculated over any 12 consecutive month time period, and the air pollution control equipment does not replace an existing air pollution control device required by plan approval or regulation.

2.Air Pollution Control Equipment for Control of Particulate. Replacement of an existing air pollution control device for particulate matter (e.g., baghouse), even if required by a plan approval. The replacement device shall be similar in design as the existing control device, and the same size or larger than the original control device. The replacement control device must be designed to achieve the same or better collection efficiency as the original control device. The Department must be notified in writing that a particulate air pollution control device is going to be replaced. This notification must be made at least 30 days prior to installation of the new unit. Said notification shall include a full description of the replacement control device.

3.Battery Charging. Battery charging facilities used to charge lead acid batteries.

4.Reserved.

5.Burner Tip Replacement. A fuel utilization facility burner tip replacement.

6.Cooling Towers. A cooling tower that has maximum recirculation rate of 20,000 gallons per minute (gpm) or less, a drift eliminator, a non-chromium inhibitor, and has total dissolved solids concentration in the blowdown less than 1800 mg/l. The total dissolved solids concentration shall be determined using Part 2540C as published in the latest edition of Standard Methods For the Examination of Water and Wastewater as published by the American Public Health Association, American Waterworks Association and Water Pollution Control Federation or by an equivalent method approved by the Department.

7.De MinimisIncrease in Emissions. Construction, substantial reconstruction, or alteration that results in an increase in potential emissions of less than one ton of any air contaminant, calculated over any 12 consecutive month time period. In order to determine eligibility under 310 CMR 7.02(2)(b)7., emissions shall be calculated based on the increase in potential emissions (as defined in 310 CMR 7.00) of the planned action. Reductions in emissions resulting from reduced utilization or elimination of emission units cannot be deducted. Products of combustion from any fuel utilization facility and emissions from an emission unit(s) installed in compliance with 310 CMR 7.03 or 7.26 are not included when calculating an increase in potential emissions for the purpose of determining applicability under 310 CMR 7.02(4)(a)1. or 2. or 7.02(5)(a)1., 2. or 3. (See also 310 CMR 7.02(6)).

8.Emergency Engines or Stand-by Engines. (Reserved).

9.Emergency Release Containment. An area constructed for the containment of unplanned releases.

10.Fire Suppression Systems. Fire protection, fire fighting and fire suppression system, except for those fire suppression systems and activities associated with the intentional combustion of materials for the purpose of fire suppression system evaluation or fire science research.

11.Fuel and Chemical Storage Tanks. Organic liquid storage tanks with a capacity less than or equal to 40,000 gallons and used exclusively to store product with a vapor pressure of less than 1.5 psi at the average annual ambient temperature. Storage tanks subject to this exemption must be equipped with conservation vents and aboveground units shall have a white or reflective surface. Organic liquid storage tanks may be subject to 40 CFR Part 60, subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels (including Petroleum Liquid Storage Vessels) for which construction, substantial reconstruction, or modification commenced after July 23, 1984.

12Fuel Atomization Equipment. Fuel utilization facility burner atomization equipment replacement or repair. Replacement of steam or air atomization with mechanical atomization is not eligible under this exemption.

13.Fuel Loading Racks. Organic liquid transfer racks that transfer less than 172,000 gallons per year of organic liquids or organic liquid transfer racks that transfer exclusively organic liquids with a vapor pressure of less than 1.5 psi at the average ambient annual temperature. Transfer racks eligible under this exemption must comply with the requirements of 310 CMR 7.24, as applicable.

14.Fuel Switching. Conversion of a fuel utilization facility rated at a maximum heat input capacity of less than 100,000,000 Btu per hour energy input where the unit is converted from oil or solid fuel to oil/natural gas dual-fuel capability or natural gas as the only fuel. For purposes of this exemption, a fuel utilization facility is defined as any single boiler, hot oil generator, melt furnace, process heater, oven or similar fuel burning unit as determined by the Department.

15.Fuel Utilization Facilities. (Reserved).

16.Insignificant Activities. An activity listed in 310 CMR 7.00: Appendix C (5)(i), as well as office equipment, static electricity reduction devices, electric arcs, and motors that generate ozone.

17.Maintenance or Repair. Routine maintenance or repair of a facility.

18.Mixing and Blending Equipment. Equipment used exclusively to mix or blend materials at ambient temperatures to make water-based solutions containing no more than 5% volatile organic compound (VOC) by weight.

19.Molding. Plastic injection or compression molding machines. Extrusion molding and blow molding is not eligible under this exemption.

20.Motor Vehicle Maintenance. Motor vehicle maintenance and repair facilities. Automobile refinishing facilities are not eligible under this exemption.

21.Operating Hours. An increase in the hours of production of a facility not otherwise restricted.

22.Operating Rate/Product Changes. An increase in the rate of production at a facility not otherwise restricted.

23.Ownership. A change in facility ownership. The new owner shall notify the Department in writing of the ownership change within 60 days of the effective date of the change.

24.Plan Approval by Rule. An emission unit listed in 310 CMR 7.03 provided that the emission unit fully conforms to the design, operation, maintenance, and record keeping requirements of 310 CMR 7.03.

25.Plumbing. Plumbing soil stacks or vents.

26.Pressure Relief Devices. Safety pressure relief devices associated with emission units having plan approvals, unless otherwise required by the Department.

27.Relocation of Approved Equipment. Relocation of any previously approved equipment, provided that the equipment is relocated within the facility or to a contiguous property and provided that the relocated equipment does not cause or contribute to a condition of air pollution.

28.Thermal and Catalytic Oxidizers. A process emission oxidizer or afterburner with a rated capacity of less than 40,000,000 Btu per hour using natural gas and installed on a previously approved facility or on a new facility which otherwise meets the plan approval exemptions provided in 310 CMR 7.02(2). This exemption is only available where the air pollution control equipment is not otherwise required by regulation, and the air pollution control equipment does not replace existing air pollution control equipment required by plan approval or regulation. Flares are not eligible under this exemption. Persons installing thermal or catalytic oxidizers as allowed by this exemption shall notify the Department, within 60 days of installation, that oxidizers have been installed.

29.Turbines and Reciprocating Engines. (Reserved).

30.Wastewater Treatment. Wastewater treatment and/or pumping facilities with average daily input flows of less than 50,000 gallons per day, and that treat sanitary sewage exclusively.

31.Water Treatment. Water treatment systems for process cooling water or boiler feed water.

32.RACT, Organic Material Storage and Distribution, ERP, or NO Ozone Season Program. Construction, substantial reconstruction or alteration required to comply with the requirements of 310 CMR 7.18, 7.19, 7.24, 7.26 or 7.34. This exception does not apply to any boiler complying with the repowering provisions of 310 CMR 7.19(4)(b), any printer complying with 310 CMR 7.26(23)(a)3., or any wood fuel-fired boiler.

33.Actions that Contravene an Issued Plan Approval. Except as provided in 310 CMR 7.02(2)(b)33.a. and b., the construction, substantial reconstruction, or alteration of a facility or emission unit that would contravene an issued plan approval does not require a new plan approval, provided that the planned construction, substantial reconstruction, or alteration does not increase potential emissions by one ton per year or more above the emission limitation established by the issued plan approval. Persons constructing, substantially reconstructing or altering a facility or emission unit as allowed by this exemption shall notify the Department within 30 days of any such action. In order to determine applicability under 310 CMR 7.02(2)(b)33., emissions shall be calculated based on the increase in potential emissions (as defined in 310 CMR 7.00) of the planned action. Reductions in emissions resulting from reduced utilization or elimination of emission units cannot be deducted. Products of combustion from any fuel utilization facility and emissions from an emission unit(s) installed in compliance with 310 CMR 7.02 are not included when calculating an increase in potential emissions.

a. Notwithstanding the provisions of 310 CMR 7.02(2)(b)33., the provisions of 310 CMR 7.02(4) and (5) requiring a written plan approval shall apply to any construction, substantial reconstruction, or alteration of a facility or emission unit that would contravene those provisions of an issued plan approval that require:

i. emission control equipment design specifications; or

ii. emission control equipment capture and/or destruction efficiency standards; or

iii. emission limits (except emission limits per year or rolling 12-month average); or

iv. air contaminant ventilation characteristics such as stack height; or

v. limitations on the VOC/HOC content of coatings; or

vi. recordkeeping, monitoring, testing or reporting requirements.

b. Where the action would result in an increase in allowable or potential emissions above limits established in an approved RES, the RES must be modified as described in 310 CMR 7.02(10).

34.Biotechnology Laboratory. A laboratory used solely for research, development or support for medical device, drug, or biologic products derived in whole or in part from biotechnology, and such products are either undergoing preclinical research in preparation for, or are the subject of, one of the following U.S. Food and Drug Administration (FDA) regulatory applications or notices: an Investigational New Drug Application, an Investigational Device Exemption Notice, a New Drug Application, premarket approval application, premarket notification pursuant to section 510(k) of the federal Food, Drug and Cosmetic Act (510(k)) and any other product exempted by FDA from the 510(k) premarket notification requirement.

(c)Exclusions from Exemptions. Notwithstanding the provisions of 310 CMR 7.02(2)(a) and (b), the provisions 310 CMR 7.02(4) and (5) requiring a written plan approval shall apply to construction, substantial reconstruction or alteration of a facility or emission unit that:

1. is specifically included in 310 CMR 7.02(4)(a)3. or 4.; or

2. is specifically included in 310 CMR 7.02(5)(a)5. through 11.; or

3. would cause increases in aggregate emissions pursuant to 310 CMR 7.02(6) that equal or exceed plan approval thresholds in 310 CMR 7.02(5)(a)6.; or

4. would cause or contribute to a condition of air pollution under 310 CMR 7.02(7); or

5. would cause a facility to become subject to 310 CMR 7.00: Appendix C.

(d)Recordkeeping. The owner or operator of a facility or emission unit that is exempt from plan approval under 310 CMR 7.02(2)(b) shall keep the following records on-site and up-to-date, such that year-to-date information is readily available for Department examination upon request:

1. Documentation of the date of construction, substantial reconstruction or alteration.

2. Documentation, including emission calculations, under the specific condition(s) that qualifies the activity for exemption (e.g., size threshold, emissions).

3. Air pollution control and other equipment performance specifications.

4. Verification of the overall efficiency of any air pollution control device adequate to support assumptions of emission control equipment capture efficiency (documentation of permanent total enclosures) and destruction/removal efficiency.

(e)Reporting.

1. The owner or operator of a facility subject to the Source Registration reporting requirements of 310 CMR 7.12, shall report the construction, substantial reconstruction or alteration activities that qualified for exemption in the next required Source Registration. Quantification of emissions from exempt activities is not required unless specifically requested.

2. The owner or operator of a facility required to report under 310 CMR 7.02(2)(b)33. for contravening the provisions of a plan approval shall submit the report within 30 days of said action.

(f)Enforcement. If construction, substantial reconstruction, alteration or operation of an emission unit for which an exemption from plan approval is claimed, violates any provisions of 310 CMR 7.00, the person owning, leasing, operating or controlling the facility will be subject to enforcement under M.G.L. c. 111, §§ 142A and B, and M.G.L. c. 21A, § 16 and/or any other relief or remedy provided by law including, but not limited to, injunctive relief.

(3)General Requirements for Plan Approval.

(a)General. No person shall construct, substantially reconstruct, alter, or subsequently operate any facility subject to the requirements of 310 CMR 7.02(4) or (5), unless an application for a plan approval has been submitted to the Department and plan approval has been granted by the Department. Procedures and contents of an application for plan approval can be found at 310 CMR 7.02(4) and (5).

(b)Form of Approval. Any plan approval or plan disapproval will be issued by the Department in writing. If a plan application is disapproved, the Department will provide a written explanation of the circumstances that led to the decision to disapprove the application.

(c)Conditions of Approval. The Department may impose any reasonable conditions in a plan approval including conditions determined to be necessary to ensure that the facility will be built, operated, and maintained as specified in the application for plan approval; or to reduce, minimize, or mitigate cumulative impacts pursuant to 310 CMR 7.02(14).

(d)Monitoring and Testing. The Department may require the applicant to monitor and/or test emissions as a condition of approval. The plan approval may include conditions that direct the applicant to install sampling ports of a specified size, number or location, direct the applicant to provide safe access to each sampling port or direct the applicant to install instrumentation to monitor and record emissions data and/or operating parameters.

(e)Recordkeeping and Reporting. The Department may require an applicant to maintain records and provide periodic reports to the Department, as necessary, to assure continuous compliance with standard operating procedures, standard maintenance procedures, emission limitations, and any work practices contained in the plan approval.

(f)Compliance with Plan Approvals. Other than as provided in 310 CMR 7.02(2)(f), no person shall operate a facility approved under 310 CMR 7.02, except in compliance with any plan approval issued to the facility. A plan approval does not reduce or negate the responsibility of the facility owner or operator to comply with any other applicable requirements of the Department.

(g)Massachusetts Environmental Policy Act (MEPA) Review. Prior to obtaining a plan approval, an applicant must comply with the requirements of 301 CMR 11.00: MEPA Regulations if applicable. The review thresholds for stationary sources of criteria or hazardous air pollutants are contained at 301 CMR 11.03(8): Air.

(h)Opportunity for Comment. The Department shall provide an opportunity for public comment in accordance with 310 CMR 7.02(3)(i) on the Department's proposed decision to approve or deny a plan application required under:

1.310 CMR 7.02(4) (LPA) for any facility that meets or exceeds a MEPA Review threshold for stationary sources of criteria or hazardous air pollutants, contained at 301 CMR 11.03(8): Air; and

2.310 CMR 7.02(5) (CPA).

(i)Public Comment Procedures. For each plan application subject to 310 CMR 7.02(3)(h), the Department shall:

1. Provide a 30-day period for submittal of public comment, except that for a plan application for which a cumulative impact analysis is conducted pursuant to 310 CMR 7.02(14), provide a 60-day period for submittal of public comment;

2. Post on a public website identified by the Department (which may be the Department's 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 application and information on how to submit public comment;

b. The Department's proposed decision to approve or deny the plan application;

c. Information on how to access the administrative record for the Department's proposed decision to approve or deny the plan application.

3. Send a copy of the notice required in 310 CMR 7.02(3)(i)2.a. to EPA.

(j)Department Approval. Plan approval will be issued by the Department where:

1. The emissions from a facility do not result in air quality exceeding either the Massachusetts or National Ambient Air Quality Standards; and

2. The emissions from the facility do not exceed applicable emission limitations specified in 310 CMR 7.00; and

3. The emissions from the facility do not result in violation of any provision of 310 CMR 7.00; and

4. The facility does not require a plan approval pursuant to 310 CMR 7.00: Appendix A or the plan approval requirements of 310 CMR 7.00: Appendix A have been met by the application and a 310 CMR 7.00: Appendix A plan approval has been issued by the Department. The Department has the discretion to issue the 310 CMR 7.00: Appendix A plan approval in conjunction with a 310 CMR 7.02 plan approval; and

5.Reserved.

6. The emissions from such a facility or operation of such a facility represent the most stringent emission limitation as specified in 310 CMR 7.02(8); and

7. The owner or operator of the facility has made a demonstration of compliance required under 310 CMR 7.02(4)(d)5. or 310 CMR 7.02(5)(c)8.; and

8. The requirements of 40 CFR Part 63 .40 through 40 CFR Part 63.44 are applicable and have been met and an approval has been issued as required by 40 CFR Part 63.40 through 40 CFR Part 63.44. The Department has the discretion to issue an approval under 40 CFR Part 63.40 through 40 CFR Part 63.44 in conjunction with a plan approval issued under 310 CMR 7.02.

(k)Plan Approval Revocation. The Department may revoke any plan approval if construction has not commenced within two years of the date of a plan approval or, if during construction, construction is suspended for a period of one year or more. For purposes of 310 CMR 7.02(3)(k), construction has commenced if the owner or operator of the facility has begun a continuous program of physical on-site construction of the facility or emission unit that is permanent in nature.

(l)Plan Approval Duration. Plan approvals are valid for the life of the emission unit or facility, regardless of changes in ownership. Plan approvals issued to a facility that changes ownership, are binding upon the new owner. (See310 CMR 7.02(2)(b)23.)

(m)Reactivating an Inactive Emission Unit. Any person who owns, operates or controls an emission unit or facility that has not operated for at least 24 hours in each of the most recent two calendar years is required to obtain a new plan approval prior to re-commencing operation of that emission unit unless sufficient evidence is presented to convince the Department that the shutdown was temporary and the re-startup could occur within a short time period in full compliance with 310 CMR 7.00. Such evidence shall include documentation showing that during the shutdown period:

1. Continued maintenance of the equipment was performed,

2. There has been compliance with all regulatory requirements such as installation of any monitoring equipment, instrumentation, control equipment, or process controls,

3. The facility or unit was included in Source Registration submissions to the Department pursuant to 310 CMR 7.12, and

4. Any other relevant supporting information.

If the facility does not, in the judgment of the Department, submit sufficient evidence to demonstrate to the Department that the shutdown was temporary, then the Department may revoke the plan approval. If the Department revokes the plan approval, the facility must obtain a new plan approval prior to re-commencing operation of that facility or emission unit.

(n)Prohibitions.

1.Concealing Emissions. No person shall cause, suffer, allow, or permit the installation or use of any material, article, machine, equipment, or contrivance which conceals an emission without reducing the total weight of emissions where such emission would constitute a violation of any applicable regulation.

2.Air Pollution Control Equipment. No person shall cause, suffer, allow or permit the removal, alteration or shall otherwise render inoperable any air pollution control equipment or equipment used to monitor emissions that is required by 310 CMR 7.00, without specific written authority of the Department or in conformance with the specific exemptions listed in 310 CMR 7.02(2). An exception to 310 CMR 7.02(3)(n)2. is allowed for reasonable maintenance periods or unexpected and unavoidable failure of the equipment provided that the Department is notified, in writing, within 24 hours of the occurrence of such failure.

(4)Limited Plan Application (LPA).

(a)Applicability. Calculation of potential emissions associated with an LPA shall be in accordance with 310 CMR 7.02(4)(b). An LPA is required from any person prior to constructing, substantially reconstructing, altering, or subsequently operating any facility or emission unit described as follows:

1.Emission Increase of Less than Ten Tons per Year. Any facility where the construction, substantial reconstruction, alteration or subsequent operation would result in an increase in potential emissions of a single air contaminant equal to or greater than one ton per year and less than ten tons per year, calculated over any consecutive 12-month time period.

2.Fuel Utilization Emission Units. Any fuel utilization emissions unit, excluding internal combustion engines such as combustion turbines or reciprocating engines, where construction, substantial reconstruction, alteration or subsequent operation results in an increase in potential emissions of a single air contaminant equal to or greater than one ton per year and the emission unit has a maximum energy input capacity equal to or greater than:

a. 10,000,000 Btu and less than 40,000,000 Btu per hour utilizing natural gas or propane;

b. 10,000,000 Btu and less than 40,000,000 Btu per hour utilizing distillate fuel oil;

c. 10,000,000 Btu and less than 20,000,000 Btu per hour utilizing residual fuel oil having a sulfur content of equal to or less than 0.28 pounds per million Btu heat release potential (approximately equal to 0.5% sulfur by weight). (Also see310 CMR 7.05(1) and (2));

d. 5,000,000 Btu and less than 10,000,000 Btu per hour utilizing residual fuel oil having a sulfur content of less than 0.55 pounds per million Btu heat release (approximately equal to 1% sulfur by weight). (Also see310 CMR 7.05(1) and (2)); or

e. 3,000,000 Btu and less than 10,000,000 Btu per hour utilizing used oil fuel. (Also see310 CMR 7.04(9), and 7.05(7) through (9).)

NOTE: Multiple fuel utilization emission units constructed or modified at a single facility must be evaluated for aggregate emissions to ensure that 310 CMR 7.00: Appendix A or PSD (40 CFR 52.21) is not triggered.

3.Modification of Plan Approval Terms and Conditions. Except as provided in 310 CMR 7.02(5) and (6), construction, substantial reconstruction, alteration or subsequent operation of a facility that would contravene the terms and conditions in an existing plan approval, provided that:

a. The planned construction, substantial reconstruction, alteration or subsequent operation would increase potential emissions by equal to or greater than one ton per year but less than ten tons per year, calculated over any consecutive 12-month time period, over the emission limitation established by an existing plan approval, and

b. The planned construction, substantial reconstruction, alteration, or subsequent operation would only affect the:

i. Allowable or potential emission rates; or

ii. Operating hours; or

iii. Process feed rates; or

iv. A combination of 310 CMR 7.02(4)(a)3.b.i. through iii.

Actions that would contravene emission control equipment design specifications, capture and/or destruction efficiency standards for control equipment, emission limits established by a BACT approval, air contaminant ventilation characteristics such as a reduction in stack height, or limitations on the VOC/HOC content of coatings, require a plan approval. Where the action would result in an increase in allowable or potential emissions above limits established in an approved RES, the RES must be modified as described in 310 CMR 7.02(10). In order to determine applicability under 310 CMR 7.02(4)(a)3.b., emissions must be calculated in accordance with 310 CMR 7.02(4)(b).

4.Applicability of Non-attainment, PSD, or MACT Review. Unless enforceable restrictions are established, any construction, substantial reconstruction, alteration or subsequent operation that would result in a portion or all of the facility being subject to:

a. Emission Offsets and Non-attainment Review at 310 CMR 7.00: Appendix A;

b. PSD Permitting at 40 CFR Part 52.21 ;

c. 40 CFR Part 63.40 through 40 CFR Part 63.44; or d. 310 CMR 7.00: Appendix C.

(b)Calculation of Emissions. Calculation of potential emissions associated with an LPA must be based on the potential emissions (as defined in 310 CMR 7.00) of the proposed construction, substantial reconstruction or alteration. Limitations on the potential emissions proposed in the application must be made enforceable as a practical matter to be federally enforceable (see310 CMR 7.00: Federal Potential to Emit). Reductions in emissions resulting from reduced utilization or elimination of an existing emission unit cannot be deducted, (i.e., no netting). Products of combustion are not included when calculating applicability under 310 CMR 7.02(4)(a)1. Emissions from an emission unit(s) installed in accordance with 310 CMR 7.03 or 310 CMR 7.26 are not included when calculating an increase in potential emissions for purposes of determining applicability under 310 CMR 7.02(4)(a)1. and 2.

(c)Reserved.

(d)Limited Plan Application Requirements. To apply for an LPA, an applicant shall satisfy each of the following conditions:

1. The application shall be made on a form furnished by the Department or by other means required by the Department.

2. The application shall be signed by a responsible official.

3. The application shall be submitted in duplicate.

4. The application shall be accompanied by sufficient information to document the facility's potential emissions.

5. The application shall contain an affirmative demonstration that any facility in Massachusetts owned or operated by such persons (or by an entity controlling, controlled by or under common control with such person) that is subject to 310 CMR 7.00, is in compliance with or on a Department approved compliance schedule to meet all provisions of 310 CMR 7.00 and any plan approval, notice of noncompliance order or plan approval issued thereunder.

(5)Comprehensive Plan Application (CPA).

(a)Applicability. Calculation of potential emissions associated with a CPA shall be in accordance with 310 CMR 7.02(5)(b) and 310 CMR 7.02(1)(d) for GHGs. A CPA is required from any person prior to constructing, substantially reconstructing, altering or subsequently operating any facility or emission unit as follows:

1.Emission Increase Greater than or Equal to Ten Tons Per Year. Any facility where the construction, substantial reconstruction, alteration or subsequent operation would result in an increase in potential emissions of a single air contaminant equal to or greater than ten tons per year, calculated over any consecutive 12-month time period.

2.Fuel Utilization Emission Units. Any fuel utilization emission unit, excluding internal combustion engines such as combustion turbines or reciprocating engines, where construction, substantial reconstruction, alteration or subsequent operation results in an increase in potential emissions of a single air contaminant of equal to or greater than one ton per year, and said emission unit has a maximum energy input capacity equal to or greater than:

a. 40,000,000 Btu per hour utilizing natural gas or propane.

b. 40,000,000 Btu per hour utilizing distillate fuel oil.

c. 20,000,000 Btu per hour utilizing residual fuel oil having a sulfur content of equal to or less that 0.28 pounds per million Btu heat release potential (approximately equal to 0.5% sulfur by weight).

d. 10,000,000 Btu per hour utilizing residual fuel oil having a sulfur content of less than 0.55 pounds per million Btu heat release (approximately equal to 1% sulfur by weight) or used oil fuel (See also the requirements of 310 CMR 7.04(9) and 310 CMR 7.05(7), (8) and (9)).

e. 3,000,000 Btu per hour utilizing:

i. Residual fuel oil having a sulfur content greater than 0.55 pounds per million Btu but not in excess of 1.21 pounds per million Btu heat release potential (greater than 1% sulfur by weight but less than or equal to approximately 2.2% sulfur by weight).

ii. Hazardous waste fuel.

iii. Solid fuel with automatic fuel feed.

iv. Landfill gas.

v. Digester gas.

NOTE: Multiple fuel utilization emission units installed at a facility must be evaluated for aggregate emissions to ensure that 310 CMR 7.00: Appendix A or PSD (40 CFR 52.21) is not triggered.

3.Internal Combustion Engines and Turbines.

a. Prior to March 23, 2006 an internal combustion engine, such as a stationary combustion turbine or a stationary reciprocating engine, having a maximum energy input capacity equal to or greater than 3,000,000 Btu per hour, and the construction, substantial reconstruction, alteration or subsequent operation results in an increase in potential emissions of a single air contaminant of equal to or greater than one ton per year.

b. On and after March 23, 2006 a non-emergency turbine with a rated output of less than one megawatt (MW) burning fuel oil, or greater than ten MW burning any fuel.

c. An engine for which the owner/operator elects to apply for a plan approval pursuant to 310 CMR 7.02(5)(c) in lieu of complying with 310 CMR 7.26(42) or 310 CMR 7.26(43).

d. A combined heat and power project (CHP) for which the owner/operator elects to apply for a plan approval pursuant to 310 CMR 7.02(5)(c) in lieu of complying with 310 CMR 7.26(45).

4.Hand-fired Solid Fuel Utilization Facilities. Any hand fired solid fuel utilization facility having an energy input capacity equal to or greater than 1,000,000 Btu per hour.

5.Incinerators. Any incinerator.

6.Aggregated De Minimis Emission Increases. Any facility where the sum of the incremental changes (less than one ton each) in potential to emit, calculated over any consecutive 12-month time period, equals or exceeds ten tons for any single criteria pollutant or any single non-criteria pollutant. (See310 CMR 7.02(6).)

7.PSD, Nonattainment Review or Case-by-case MACT. Any facility, regardless of any exemption established elsewhere in 310 CMR 7.00, where the construction, substantial reconstruction or alteration would cause a facility to be subject to Prevention of Significant Deterioration (40 CFR Part 52.21), Emissions Offsets and Non-attainment Review (310 CMR 7.00: Appendix A), or Case-by-case MACT (40 CFR Part 63.40 through 40 CFR Part 63.44).

8.Modification of Plan Approval Conditions. Any facility, regardless of any exemption established elsewhere in 310 CMR 7.00, that requires a modification to a condition of any plan approval issued by the Department due to an increase in potential emissions equal to or greater than ten tons per year (calculated over any consecutive 12-month time period), over the emission limitation established by plan approval. The increase in potential emissions shall be calculated in accordance with 310 CMR 7.02(5)(b).

9.Modification of a PSD Permit, a Non-attainment Review Plan Approval or a Case-by-case MACT. Any facility, where the construction, substantial reconstruction or alteration would violate a condition of a PSD permit, a Non-attainment Review approval (310 CMR 7.00: Appendix A) or a Case-by-case MACT (40 CFR Part 63.40 through 40 CFR Part 63.44) regardless of the expected change in emissions and any exemptions established elsewhere in 310 CMR 7.00; such a facility may require a revision to the existing permit regardless of whether a CPA is required.

10.Facilities with the Potential to Cause or Contribute to Air Pollution. Any facility, regardless of any exemption established elsewhere in 310 CMR 7.00 that the Department determines has the potential for causing or contributing to a condition of air pollution.

11.Major Modifications at Large Combustion Emission Units (LCEU). A Comprehensive Plan Application is required for major modifications for any large combustion emission unit. The applicability criteria for a CPA and associated definitions for LCEU(s) are set forth in 310 CMR 7.54.

(b)Calculation of Emissions. Calculation of potential emissions associated with a CPA must be based on the potential emissions (as defined in 310 CMR 7.00) of the proposed construction, substantial reconstruction or alteration. Limitations proposed on the potential emissions in the application must be made enforceable, as a practical matter, to be federally enforceable (see definition of federal potential to emit). Reductions in emissions resulting from reduced utilization or elimination of emission units cannot be deducted (i.e., no netting). Products of combustion are not included when calculating applicability under 310 CMR 7.02(5)(a)1. Emissions from an emission unit(s) installed in accordance with 310 CMR 7.03 or 7.26 are not included when calculating an increase in potential emissions for purposes of determining applicability under 310 CMR 7.02(5)(a)1. through 3.

(c)Comprehensive Plan Application Requirements. To apply for a CPA, an applicant shall satisfy each of the following conditions:

1. The application shall be made on a form furnished by the Department or by other means required by the Department.

2. The application shall be signed by a responsible official.

3. The application shall be submitted in duplicate.

4. The application shall be accompanied by a description of the proposed activity, site information, plans, specifications, drawings illustrating the design of the facility, calculations detailing the nature and amount of all emissions, and procedures describing the manner in which the facility will operate and be maintained.

5. The application shall demonstrate compliance with the requirements of 310 CMR 7.02(8)(a) relating to compliance with emission limitations.

6. Additional information shall be furnished upon request by the Department including, but not limited to, air dispersion modeling, additional plans or specifications, and documentation or evidence to support the application.

7. The application shall bear the seal and signature of a professional engineer registered in the Commonwealth of Massachusetts under the provisions of M.G.L. c. 112.

8. The application shall contain an affirmative demonstration that any facility(ies) in Massachusetts owned or operated by such persons (or by an entity controlling, controlled by or under common control with such person) that is subject to 310 CMR 7.00, is in compliance with or on a Department approved compliance schedule to meet all provisions of 310 CMR 7.00, and any plan approval, notice of noncompliance order or plan approval issued thereunder.

(d)Prevention of Significant Deterioration. In addition to the requirements contained at 310 CMR 7.02(5)(c), new major stationary sources of air contaminants and major modifications of existing major stationary sources (as those terms are defined in 40 CFR 52.21) located in attainment areas are subject to Prevention of Significant Deterioration (PSD) regulations promulgated in 40 CFR Part 52.21.

(e)Case-by-case Maximum Achievable Control Technology. In addition to the requirements contained at 310 CMR 7.02(5)(c), the construction or reconstruction of major sources of hazardous air pollutants (as defined by 40 CFR Part 63.41 ) is subject to 40 CFR Part 63.40 through 63.44. This is a requirement to satisfy The Clean Air Act, § 112(g) that construction or reconstruction after June 29, 1998 of a major source of hazardous air pollutants (as defined in 40 CFR Part 63.2 ) be equipped with MACT. These requirements apply only if the source has not been either regulated or exempted by a standard issued pursuant to The Clean Air Act, § 112(d), 112(h), or 112(j) or the process category has been delisted pursuant to The Clean Air Act, § 112(c)(9). 40 CFR Part 63.40 through 63.44 is implemented by the Department as of August 3, 2001.

(6)Aggregated Emissions.

(a)Applicability.

1. Any person who owns or operates a facility shall track emission increases as defined in 310 CMR 7.02(6)(a)2. over any consecutive 12-month time period which includes a particular emission increase in order to determine if plan approval is required pursuant to 310 CMR 7.02(5)(a)6.

2. Emission increases that are subject to this requirement are those associated with the construction, substantial reconstruction or alteration of a facility or emission units that:

a. Are individually not subject to plan approval under 310 CMR 7.02(4) or (5); and

b. Have not previously been aggregated for purposes of plan approval under 310 CMR 7.02(4) and (5); and

c. Are not part of a program of construction or modification in planned incremental phases previously approved by the Department.

(b)Calculation of Emissions. Aggregated emissions shall be calculated as the sum of the potential emissions of any air contaminant identified in 310 CMR 7.02(6)(a). Products of combustion from any fuel utilization facility or emissions resulting from construction, substantial reconstruction or alteration, in accordance with the requirements of 310 CMR 7.03 or 7.26, are not included in this calculation.

(7)Mitigation of Air Pollution.

(a)Requirement to Collect Information. When the Department determines that any facility or product manufactured therein has the likelihood of causing or contributing to a condition of air pollution, the Department may require the person owning, leasing or controlling said facility to submit information to document facility emissions, operating parameters of emission control equipment, and standard operating and maintenance procedures. In doing so, the Department may require any person who owns, operates or controls any facility, or who manufactures emissions control equipment or process equipment to:

1. Establish and maintain records;

2. Make reports;

3. Install, use, and maintain monitoring equipment;

4. Perform audits on monitoring equipment using standard procedures and methods;

5. Quantify emissions in accordance with the procedures, and methods as the Department may prescribe;

6. Keep records on control equipment parameters, production variables, and other indirect data when direct monitoring of emissions is not practical;

7. Conduct stack testing or submit modeling analysis; or

8. Maintain other records and provide any other information as the Department might reasonably require.

(b)Department Review of Information. The Department will use information submitted pursuant to 310 CMR 7.02(7)(a) to determine the adequacy and application of existing air pollution control technology at a facility to prevent a condition of air pollution. In addition, the Department's representative, upon presentation of credentials:

1. Shall have right of entry to, upon, or through any premises of any such person in which records required by 310 CMR 7.02(7)(a) are located, and

2. May at reasonable times have access to copy any records, inspect any equipment, review any documents, and sample any emissions that the owner or operator of the facility is required to sample under 310 CMR 7.02(7)(a).

(c)Compliance Monitoring and Compliance Certification. The Department may require any person to perform compliance monitoring and submit a compliance certificate subject to the standards of 310 CMR 7.01(2). Compliance certifications shall include:

1. Identification of all applicable requirements that are the basis for certification;

2. The method used to determine compliance status of the facility;

3. The compliance status of the facility, and each emission unit;

4. Whether compliance is continuous or intermittent; and

5. Other facts as the Department might require.

(d)Plan Approval and Compliance Schedule Requirement. If, after review of the submitted information, the Department determines that the facility is in need of reconstruction, alteration or repair to prevent the facility from causing or contributing to a condition of air pollution, the Department may require the person owning, leasing, operating or controlling the facility to submit an application for a CPA under 310 CMR 7.02(5). The plan application required by this section shall be provided to the Department by the deadline specified by the Department and shall contain a proposed compliance schedule subject to Department approval.

(e)Continuing Operations. The Department may allow the facility to temporarily continue to operate pending reconstruction or repair provided that the person owning, leasing, operating or controlling the facility complies with all requirements and deadlines of 310 CMR 7.02(7)(d).

(8)Emission Limitations.

(a)Emission Limitations in Plan Approvals. The Department's written approval of an LPA or CPA shall include the most stringent emission limitation of the following, as applicable:

1. Lowest Achievable Emission Rate (LAER) where the construction, substantial reconstruction or alteration is subject to the requirements of Emission Offsets and Nonattainment Review in 310 CMR 7.00: Appendix A.

2. Best Available Control Technology (BACT). BACT is required of all LPA approvals and CPA approvals. In no case will BACT be less stringent than any applicable emissions limitation contained in a Department regulation (e.g., 310 CMR 7.05, 7.18, 7.19, 7.24, 7.26 or 7.29) or federal regulation (e.g., 40 CFR 60, 61 or 63 ). BACT may include a design feature, equipment specification, work practice, operating standard or combination thereof. (See Definition of BACT in 310 CMR 7.00.) Applicants shall identify BACT for their specific application using a top-down BACT analysis. Refer to Department guidance for conducting a top-down BACT analysis. In lieu of an emission unit-specific top-down BACT analysis, an applicant may propose an emission control limitation by using one or more of the following approaches:

a. Propose a level of control from the most recent plan approval or other action issued by the Department (Top Case BACT).

b. Propose a level of control based on a combination of best management practices, pollution prevention, and a limitation on the hours of operation and/or raw material usage that minimizes emissions to the extent feasible. This approach is only available if the proposed allowable emissions, calculated over any consecutive 12-month time period, are:

i. Less than 18 tons VOC and HOC combined;

ii. Less than 18 tons of total organic material HAP; and

iii. Less than ten tons of a single organic material HAP.

c. Notwithstanding 310 CMR 7.02(8)(a)2.a. and b., the Department may consider any other information in determining BACT for any given plan application and approval.

3. New Source Performance Standards (NSPS) as defined in 40 CFR Part 60.

4. National Emission Standards for Hazardous Air Pollutants (NESHAP) as defined at 40 CFR Part 61.

5. National Emission Standards for Hazardous Air Pollutants for Source Categories as defined at 40 CFR Part 63.

6. Case-by-case MACT as determined under 310 CMR 7.02(5)(e).

7. Plan Approvals under 310 CMR 7.02(5)(a)10 or 7.02(7). Any emission limitation required in such plan approval shall be sufficient to eliminate the potential to cause a condition of air pollution, even if said emission limitation is more stringent than an emission limitation that would otherwise be determined to be BACT.

8. Plan Approvals under 310 CMR 7.26(45) shall use credits calculated by 310 CMR 7.26(45)(b)4. to subtract from the actual emissions in determining compliance with the emission limits established under 310 CMR 7.26(43)(b).

(b)Fuel Switching. Applicants for conversion of fuel utilization facilities equal to or greater than 100,000,000 Btu per hour from oil or solid fuel to natural gas or dual-fuel oil/natural gas, are not required to provide an assessment of BACT in the application for plan approval (LPA or CPA). Further, this action is not considered a major modification subject to 310 CMR 7.00: Appendix A provided that the project qualifies as a pollution control project. For the purpose of 310 CMR 7.02(8), a fuel utilization facility is defined as any single boiler, hot oil generator, melt furnace, oven, or similar fuel burning unit as determined by the Department.

(c)Emission Limitations for Existing Facilities. Existing facilities must comply with the applicable requirements of 310 CMR 7.02(8)(d) through (g) unless subject to more stringent requirements that have been established by plan approval, state regulation or federal requirement (NSPS or NESHAP) as applicable. Under 310 CMR 7.02(8)(c) through (g), an existing facility is any facility or emission unit that was in operation on or before June 1, 1972 and has not been constructed, substantially reconstructed or altered since that date. (See also Definition of Existing Facility in 310 CMR 7.00.) Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Tables 4, 5 and 6.

(d)Maximum Particulate Emission Limits in Areas of Critical Concern. Existing facilities in the communities listed in 310 CMR 7.02: Table 3 shall, at a minimum, meet the particulate emission limits in Table 4 unless subject to a more stringent emission limit in a plan approval, state regulation or federal program (e.g., NSPS or NESHAP), as applicable. Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Table 4, 5 and 6.

Table 3

Adams	Fall River	Millbury	Southbridge
Amherst	Fitchburg	Milton	Springfield
Arlington	Gardner	Needham	Stoneham
Athol	Grafton	New Bedford	Taunton
Attleboro	Greenfield	Newburyport	Wakefield
Auburn	Hadley	Newton	Waltham
Belmont	Haverhill	North Adams	Ware
Boston	Holden	Northampton	Watertown
Boylston	Holyoke	Orange	Webster
Braintree	Lawrence	Palmer	West Boylston
Brookline	Lee	Peabody	Westfield
Cambridge	Leicester	Pittsfield	West Springfield
Canton	Leominster	Quincy	Weymouth
Chelsea	Longmeadow	Revere	Winchester
Chicopee	Lowell	Salem	Winthrop
Dalton	Ludlow	Sandwich	Woburn
Dedham	Lynn	Saugus	Worcester
Easthampton	Malden	Shrewsbury
East Longmeadow	Medford	Somerset
Everett	Melrose	Somerville

Table 4

Facility Type	Size	Existing unit
Ferrous Cupola Foundries
Production	all	0.06 grains/DSCF1
Jobbing	all	0.21 grains/DSCF
Non-ferrous Cupola Foundries	all	0.06 grains/DSCF
Municipal, Commercial, Industrial, and Institutional Incinerators	all	0.1 grains/scf at 12% CO22
Municipal Sewerage Sludge Incinerators	all	0.65 gr./kg dry sludge input
Asphalt Batching plants	all	0.04 gr./DSCF
Fossil Fuel Utilization Facility	3 - 250 MMBtu3	0.12 lb./MMBtu
250 MMBtu or larger	0.12 lb./MMBtu
Fuel Utilization Facilities	City of Worcester only
Solid Fuel	3 MMBtu or larger	0.12 lb./MMBtu
Residual Oil	3 MMBtu or larger	0.12 lb./MMBtu
Distillate oil	3 MMBtu or larger	0.10 lb./MMBtu
Natural gas	3 MMBtu or larger	0.10 lb./MMBtu

(e)Maximum Particulate Emission Rate: All Other Communities. In communities other than those listed in 310 CMR 7.02: Table 3, existing facilities shall, at minimum, meet the particulate emission limits in 310 CMR 7.02: Table 5 unless subject to more stringent emission limits as applicable in a plan approval, state regulation or federal program (NSPS or NESHAP). Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Table 4, 5 and 6.

Table 5

Facility Type	Size	Existing unit
Fossil Fuel Utilization Facility	3 - 250 MMBtu	0.15 lb./MMBtu
250 MMBtu or larger	0.15 lb./MMBtu
Ferrous Cupola Foundries
Production	all	0.13 gr./DSCF
Jobbing	all	0.21 gr./DSCF
Non-ferrous Cupola Foundries	all	0.08 gr./DSCF
Municipal, Industrial, Commercial, and Institutional Incinerators	all	0.1 gr./scf at 12% CO2
Municipal Sewerage Sludge Incinerators	all	0.65 gr./kg dry sludge input
Asphalt Batching Plants	all	0.06 gr./DSCF

(f) Any facility which, when constructed, was subject to a federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants, shall continue to be subject to such standard and operate in compliance with such standard unless more stringent requirements are applied through plan approval.

¹ DSCF - Dry Standard Cubic Foot

² CO₂ - Carbon Dioxide

³ MBTU- Million British Thermal Units

(g)Emission Testing and Monitoring. For purposes of determining compliance with 310 CMR 7.02(8)(d) through (f) and (h), any emission testing for compliance with these limitations shall be conducted under isokinetic sampling conditions and in accordance with EPA test methods, as appropriate including, but not limited to, Test Methods 1 through 5 as specified in 40 CFR Part 60, Appendix A: Standards of Performance for New Stationary Sources, 40 CFR Part 60 Subpart E: Standards of Performance for Incinerators, (originally promulgated in the Federal Register, Volume 36, No. 247, December 23, 1971) or 40 CFR Part 60 Subpart O: Standards of Performance for Sewerage Treatment Plants (originally promulgated in the Federal Register, Volume 39, No. 2, March 8, 1974) or by another method which has been correlated to the above method to the satisfaction of the Department.

(h)Particulate Emission Limitations for New Wood and Fossil Fuel Utilization Facilities. New facilities shall, at a minimum, comply with the particulate emission limits in 310 CMR 7.02: Table 6 unless subject to more stringent emission limits as applicable in a plan approval, state regulation or federal program (NSPS or NESHAP). Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Table 4, 5 and 6.

Table 6

Facility Size	Emission Limitation
Million Btu/hr. Input	lbs.(particulate)/million Btu
Wood	New	New (Critical Area -Table 3)
3-25	0.20	0.10
greater than 25	0.10	0.10
Fossil Fuel
3-250	0.10
greater than 250	0.05

(i)U Emergency or Standby Engine(s).

1.Applicability.

a. On and after March 23, 2006, the construction, substantial reconstruction, or alteration of any emergency or standby engine greater than or equal to 37kW shall comply with the requirements of 310 CMR 7.26(40) through (42), Engines and Combustion Turbines,

b. Persons owning, operating or controlling an emergency or standby engine constructed, substantially reconstructed, or altered prior to June 1, 1990, having an energy input capacity equal or greater than 3,000,000 Btu per hour shall operate said engine in compliance with 310 CMR 7.02(8)(i)2. through 5.; or may apply for alternative operating and reporting requirements under 310 CMR 7.02(5)(a)3.

2.Limits of Operation.

a. Each engine shall be operated only:

i. for up to 100 hours per calendar year, or as otherwise approved by EPA, for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine;

ii. as part of the 100 hours, for up to 50 hours per calendar year for non-emergency situations; and

iii. during periods of electric power outage due to failure of the electrical supply, in whole or in part, onsite disaster, local equipment failure, flood, fire or natural disaster, or when the imminent threat of a power outage is likely due to failure of the electrical supply.

b. Additional limitations and conditions may apply including, but not limited to, 40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60, Subpart JJJJ; and 40 CFR Part 60, Subpart IIII.

3.Record Keeping. The owner/operator shall maintain on site or, for remote locations, at the closest facility where records can be maintained, the following records for each engine:

a. Information on equipment type, make and model, and maximum power input/output; and

b. A log of operations, including date, time and duration of operation and reason for each start, fuel type and supplier; and

c. Purchase orders, invoices, and other documents to support information in the log.

d. A log of conditions under which the engine operated pursuant to 310 CMR 7.02(8)(i)2.

4.Availability of Records. Logs and records established under 310 CMR 7.02(8)(i)3. shall be made available to the Department or its designee upon request. The owner/operator shall certify that the log is accurate and true in accordance with 310 CMR 7.01(2)(c).

5.Fuel Requirements. No person shall accept for delivery for burning in any engine subject to 310 CMR 7.02(8)(i), diesel or any other fuel that does not meet the sulfur content limit for fuel in 310 CMR 7.05.

(9)Restricted Emission Status (RES).

(a)General. Any person who owns, leases, operates or controls a facility may apply to the Department for a restricted emission status in order to:

1. restrict potential emissions of regulated air contaminants to eliminate applicability of an otherwise applicable requirement including, but not limited to, restricting potential emissions to allow redesignation for purposes of annual compliance fee assessment (310 CMR 4.03: Annual Compliance Assurance Fee); or

2. restrict potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for halogenated organic compounds (HOC) (310 CMR 7.18); or,

3. restrict federal potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for volatile organic compounds (310 CMR 7.18) and 310 CMR 7.00: Appendix C where applicable; or,

4. restrict federal potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for oxides of nitrogen (NO) (310 CMR 7.19) and 310 CMR 7.00: Appendix C where applicable; or,

5. restrict federal potential emissions of regulated pollutants for eliminating applicability to an otherwise applicable requirement including, but not limited to, 310 CMR 7.00: Appendix C.

(b)Application Requirements. Any person who owns, leases, operates or controls a facility may apply for a restricted emission status as follows:

1. The application shall be made on form(s) obtained from the Department or by other means prescribed by the Department.

2. The application shall be submitted in duplicate and signed by a responsible official.

3. The application shall be accompanied by sufficient information to document the proposed restriction.

4. Applications for restricted emission status to lower potential emissions below the Reasonably Available Control Technology (RACT) applicability thresholds for volatile organic compounds (VOC) or oxides of Nitrogen (NO_x) stated in 310 CMR 7.18 and 7.19, shall include the following information:

a. the actual amount of VOC, HOC and/or NO (as required) emitted from each affected emitting equipment for the highest emitting calendar year beginning January 1, 1990.

b. a description of the design and operation of the affected VOC, HOC and/or NO_x emitting equipment, and c. any other information deemed by the Department to be required to establish enforceable conditions to be contained in the permit restriction.

(c)Relationship to RACT. Restricted emission status to avoid RACT requirements at either 310 CMR 7.18 or 7.19 will only be available if actual emissions from the facility have not exceeded a threshold contained in 310 CMR 7.18 or 7.19 on or after January 1, 1990. If the facility was subject to the RACT requirements of a section of 310 CMR 7.18 before 1990, it will continue to be subject to these requirements.

(d)Form of Approval. Any restricted emission status the Department issues will be in writing.

(e)Conditions of Approval. Restricted emission status issued by the Department shall include:

1. some combination of production and/or operational limitations to ensure that emissions are limited by quantifiable and enforceable means. Operational limitations may include control equipment; and

2. requirements to maintain records sufficient to demonstrate that the limitations in the permit are followed and that emissions have not exceeded those allowed by the restriction.

(f)Federal Enforceability. Restricted emission status issued pursuant to 310 CMR 7.02(9) for the purpose of restricting federal potential emissions must be federally enforceable.

1. Federally enforceable permit restrictions shall contain per unit emission factors, production and/or operational limitations and controls, and monitoring, recordkeeping, and reporting requirements capable of assuring compliance with such limitations and controls.

2. All emissions limitations, controls, and other requirements imposed by such restricted emission status must be at least as stringent as all other applicable limitations and requirements contained in the Massachusetts SIP, enforceable under the Massachusetts SIP, or otherwise federally enforceable. All limitations, controls and other requirements imposed by such restricted emissions status must be permanent, quantifiable, and otherwise enforceable as a practical matter.

3. Federally enforceable restricted emission status shall go through the public review process at 310 CMR 7.02(9)(g).

(g)Notification and Public Comment. The following public review process shall apply to all proposed restricted emission status (RES) if they are to be federally enforceable.

1. After notification of receipt of a technically complete application the Department shall issue either a disapproval of the application and notify the applicant and EPA of said disapproval; or, issue a proposal that the application be approved or approved with conditions.

2. If the Department proposes to approve the application or approve the application with conditions, it shall:

a. Provide a 30-day period for submittal of public comment;

b. 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:

i. Notice of availability of the Department's proposed decision to approve or deny the application and information on how to submit public comment;

ii. The Department's proposed decision to approve or deny the application;

iii. Information on how to access the administrative record for the Department's proposed decision to approve or deny the application; and iv. Send a copy of the notice required under 310 CMR 7.02(9)(g)2.b.i. to EPA.

c. Send a copy of the notice of public comment to the applicant, the EPA, and officials and agencies having jurisdiction over the community in which the facility is located, including local air pollution control agencies, chief executives of said community, and any regional land use planning agency.

d. Make a final determination whether the restricted emission status application should be approved or approved with conditions.

e. Notify the applicant and EPA in writing of the final determination and send a copy of the final restricted emission status (RES) approval or approval with conditions.

(h)Return to Major Status. If construction, substantial reconstruction or alteration of a facility operating under Restricted Emission Status (RES), results in the increase in emissions at the facility so that the facility can no longer stay below major source threshold(s), then the owner or operator must comply with previously applicable requirement(s) including, but not limited to, obtaining an operating permit.

(10)Modification of a Restricted Emission Status (RES).

(a)General. Any person who owns, leases, operates or controls a facility may apply to modify a RES for the purpose of increasing the facility-wide emission limit, amending the list of emission units included in the existing RES approval or adding emission units not included in the RES approval or to make administrative changes.

(b)Increase RES Cap. If it is proposed to modify a RES to increase the approved RES emission limits without construction, substantial reconstruction or alteration of emission units that require approval under 310 CMR 7.02(4) or (5), an application shall be made in accordance with the procedures in 310 CMR 7.02(9).

(c)Increase RES Cap with Construction. If it is proposed to construct, substantially reconstruct or alter a facility in a manner that requires plan approval, and which increases the facility wide emission limit, and the facility has a RES, then:

1. The following procedure will be used to modify the RES:

a. The proposed construction, substantial reconstruction or alteration shall be submitted for Department approval pursuant to 310 CMR 7.02(5) - Comprehensive Plan Application;

b. The emission limitations in the existing RES shall be modified to incorporate the new emissions approved through plan approval without additional application to the Department; and c. The plan approval, and revised emission limitations established in the RES, shall be subject to public notice provisions of 310 CMR 7.02(9)(g).

2. Notwithstanding 310 CMR 7.02(10)(c)1., if the facility seeks to construct an emission unit not listed in the RES, the facility may elect to submit the appropriate limited or comprehensive plan application without modification to the RES. In this case, the potential to emit approved under the LPA or CPA will become additive to the potential of the emission units listed in the RES. It is the responsibility of the facility to ensure that the combined potential to emit will not exceed relevant regulatory thresholds.

(d)Construction with No Increase in RES Cap. If it is proposed to modify a RES approval to construct, substantially reconstruct or alter a facility, amend terms or conditions of the RES approval, and the construction, substantial reconstruction or alteration will not increase the facility-wide emission limit, the applicant shall:

1. File an application with the Department at least 30 days prior to the change at the facility that requires modification of the RES approval;

2. Provide a complete description of the proposed changes on forms obtained from the Department or by other means required by the Department;

3. Submit the application in duplicate, signed by a responsible official as being accurate and complete;

4. Provide in the application documentation of the equipment or procedure that will be used to ensure that short and long term emissions shall not exceed the limits in the RES approval including but not limited to, emission monitoring, and daily or monthly recordkeeping;

5. Provide a determination of BACT for those emission units not exempt from plan approval; and

6. Provide in the application a demonstration that the proposed construction, substantial reconstruction, or alteration is not subject to Nonattainment New Source Review (310 CMR 7.00: Appendix A) or MACT ( 40 CFR 63 ).

(e)Procedures for 310 CMR 7.02 (10(d). For applications made pursuant to 310 CMR 7.02(10)(d), construction, substantial reconstruction or alteration may commence 30 days after receipt of the application for a modified RES under 310 CMR 7.02(10)(d) by the Department, unless the applicant is notified by the Department that other permits may be necessary. Operation of the newly constructed, substantially reconstructed or altered emission unit shall not occur until the public review process procedures of 310 CMR 7.02(9)(g) are complete at which time the modification will satisfy plan approval requirements of 310 CMR 7.02(3), (4), and (5).

(f)Return to Major Source Status. If construction, substantial reconstruction or alteration of a facility operating under a RES approval results in an increase in emissions at the facility so that the facility can no longer stay below major source threshold(s), then the owner or operator of the facility must comply with the requirements of 310 CMR 7.00 applicable to major sources including, but not limited to, the implementation of RACT (310 CMR 7.18 and 310 CMR 7.19) and the requirement to obtain an operating permit (310 CMR 7.00: Appendix C).

(11)U 50% or 25% Facility Emission Cap Notification.

(a)General.

1.310 CMR 7.02(11) is an alternative means for an owner or operator to establish an emission cap on a facility's federal potential to emit. An owner or operator complying with 310 CMR 7.02(11) will no longer be subject to the restrictions established in the facility's RES granted pursuant to 310 CMR 7.02(9), or the requirements pursuant to 310 CMR 7.00: Appendix C after the Department has returned to the owner or operator a copy of the processed notification form.

2. Failure to comply with the emission cap set forth at 310 CMR 7.02(11)(e) or (f) means that an owner or operator is subject to all previously applicable requirements, including but not limited to, 42 U.S.C. 7401, § 112 (Title III), § 501 (Title V) and 40 CFR 52.21, or 310 CMR 7.18 (only where applicability is determined by the facility's potential to emit), 310 CMR 7.19, 310 CMR 7.00: Appendix A and/or 310 CMR 7.00: Appendix C.

3. Applicability of § 112 (Title III) may be avoided pursuant to 310 CMR 7.02(11) only where the owner or operator complies with 310 CMR 7.02(11) prior to the first substantive requirement of the applicable MACT standard. The first compliance date is defined as the date an owner or operator must comply with an emission limitation or other substantive regulatory requirement.

(b)Duty to Comply. Operation under 310 CMR 7.02(11) does not relax or eliminate any emission limitation(s), or recordkeeping requirement(s) established by regulation or previously issued source specific plan approval(s) or emission control plan(s). Annual emission limitations established by regulation or source specific plan approval or emission control plan, may not be less stringent than the emission limitations established at 310 CMR 7.02(11)(e) and (f).

(c)PLAN APPROVAL. Notwithstanding 310 CMR 7.02(11)(a), an owner or operator is subject to preconstruction plan approval pursuant to 310 CMR 7.02(1) for future construction, substantial reconstruction or alteration at the facility.

(d)Application Requirements. An owner or operator electing to comply with 310 CMR 7.02(11) shall notify the Department on forms provided by the Department, of his/her intentions to operate under one of the emission caps established at 310 CMR 7.02(11)(e) or (f), and that the facility's actual emissions in the prior calendar year were equal to or less than the emission cap. This facility wide emission cap shall remain in effect until the owner or operator notifies the Department.

(e)50% Cap Requirements. For owners or operators electing 50% emission cap, in every 12-month period (rolling 12-month), the potential and actual emissions of the facility shall be less than or equal to the following limitations:

1. 25 tons per year of VOC or NO, or 50 tons per year of any other regulated air pollutant;

2. 5 tons per year of a single HAP;

3. 12.5 tons per year of any combination of HAPs; and

4. 50% of any lesser threshold for a single HAP that the EPA may establish by rule.

(f)25% Cap Requirements. For owners or operators electing 25% emission cap, in every 12-month period (rolling 12-month), the potential and actual emissions of the facility shall be less than or equal to the following limitations:

1. 15 tons per year of VOC or NO, or 25 tons per year of any other regulated air pollutant;

2. 2.5 tons per year of a single HAP;

3. 6.25 tons per year of any combination of HAPs, and

4. 25% of any lesser threshold for a single HAP that the EPA may establish by rule.

(12)U Consolidation of Applicable Requirements.

(a)General. Any person who owns, leases, operates or controls a facility may apply to the Department to consolidate the facility's applicable requirements into a single plan approval to streamline the emission limitations, monitoring, emission testing, recordkeeping and reporting and other requirements as contained in the facility's plan approval(s), emission control plan(s) or other document(s) issued by the Department pursuant to any regulation under 310 CMR 7.00.

(b)310 CMR 7.02(12) is only for use when the facility is not subject to the Department's operating permit and compliance program, 310 CMR 7.00: Appendix C. If the facility subsequently becomes subject to the operating permit and compliance program, the requirements of the consolidated plan approval will be incorporated into the facility's operating permit.

(c) When a consolidation application is made in conjunction with an application to construct, substantially reconstruct or alter the facility under 310 CMR 7.02(4) or (5), the decision concerning consolidation will be made under 310 CMR 7.02(12) following issuance of the plan approval.

(d)Application Requirements. An application to consolidate the applicable requirements shall, at a minimum:

1. Be made on form(s) obtained from the Department or by other means prescribed by the Department.

2. Be submitted in duplicate and signed by a responsible official.

3. Contain the following information for each emission unit in the application:

a. an emission-unit-by-emission-unit, side-by-side comparison of all requirements to which the emission unit is subject;

b. A determination of the most stringent emission limitations and/or performance standards and the documentation relied upon to make this determination;

c. A set of proposed terms and conditions which detail the most stringent emissions limitations and/or standards, appropriate monitoring and its associated recordkeeping and reporting, and such other proposed conditions as are necessary to assure compliance with all applicable requirements; and

d. A proposed schedule to implement any new monitoring/compliance approach relevant to a consolidated plan approval if the owner/operator of the facility requires additional time to implement the streamlined terms and conditions. The current record keeping, monitoring, and reporting requirements (applicable requirements) shall continue to apply until the new monitoring/compliance approach is operational.

(e)Form of Approval. Any consolidated plan approval issued by the Department shall be in writing.

(f)Conditions of Approval. A consolidated plan approval shall include:

1. A combination of production and/or operational limitations to ensure that emissions are limited by quantifiable and enforceable means.

2. Emissions limitations and control requirements that are at least as stringent as those imposed by the facility's applicable requirements.

3. A requirement to maintain records and conduct monitoring sufficient to demonstrate that emissions limitations and other applicable requirements are being achieved;

4. Reporting on a schedule as determined by the Department;

5. A list of previously issued plan approvals, emission control plans and other documents addressing the applicable requirements of the emission units covered by the consolidated plan approval; and

6. Other conditions as deemed necessary by the Department based on the applicable requirements.

(13)U Administrative Amendment to Plan Approval.

(a) An administrative amendment to a plan approval is required for the following:

1. A change in the business name, facility name, mailing address, telephone number or name of the facility contact; or

2. A change in the ownership of the facility that is subject to the plan approval; or

3. An increase in the frequency of recordkeeping, monitoring, reporting or testing above that previously specified in the plan approval; or

4. Where the Department or the owner/operator of the facility determines that a plan approval has typographical errors; or

5. Other changes the Department determines are necessary for the effective administration of the Commonwealth's air pollution control program.

(b) The Department or the owner/operator may propose an administrative amendment to a plan approval on Department forms or in a format provided by the Department.

1. If the Department determines a plan approval should be amended, the Department will provide the owner/operator with a draft amended plan approval for review.

2. If the owner/operator determines a plan approval should be amended, the owner/operator shall submit an application for an administrative amendment to the Department within 60 days of the change described in 310 CMR 7.02(13)(a).

(c) The administrative amendment shall take effect 30 days after receipt by the owner/ operator or the Department respectively, unless prior to the expiration of the 30 days:

1. The owner or operator contests the administrative amendment in writing, or

2. The Department disapproves the proposed amendment in writing.

(d) In addition to complying with 310 CMR 7.02(13)(a) and (b), the owner/operator of a facility for which a final operating permit has been issued in accordance with the provisions of 310 CMR 7.00: Appendix C, shall comply with the Administrative Amendment procedures contained in 310 CMR 7.00: Appendix C(8).

(14)CUMULATIVE IMPACT ANALYSIS.

(a)Purpose and Applicability.

1. The purpose of 310 CMR 7.02(14) is to protect environmental justice populations from the harms of air pollution by requiring a cumulative impact analysis that includes meaningful public involvement of environmental justice populations, assessment of existing community conditions, and analysis of the cumulative impacts of new or modified sources of air pollution that may affect environmental justice populations.

2. The provisions of 310 CMR 7.02(14) apply to any person who submits a comprehensive plan application to the Department on or after July 1, 2024.

3. A cumulative impact analysis shall be required for a comprehensive plan application for a proposed new facility or emission unit that is in an environmental justice population or within:

a. one mile of an environmental justice population if the facility or emission unit will not be a major source as defined in 310 CMR 7.00: Appendix C; or

b. five miles of an environmental justice population if the facility or emission unit will be a major source as defined in 310 CMR 7.00: Appendix C.

4. A cumulative impact analysis shall be required for a comprehensive plan application for an existing facility or emission unit that already has a comprehensive plan approval if the applicant proposes in a new comprehensive plan application to increase facility-wide potential emissions of criteria pollutants, hazardous air pollutants, or air toxics, excluding CO_2e, individually or in the aggregate, by an amount equal to or greater than one ton per year, and the existing facility or emission unit is located in an environmental justice population or within:

a. one mile of an environmental justice population if the facility or emission unit will not be a major source as defined in 310 CMR 7.00: Appendix C; or

b. five miles of an environmental justice population if the facility or emission unit will be a major source as defined in 310 CMR 7.00: Appendix C.

5. Notwithstanding 310 CMR 7.02(14)(a)4. a cumulative impact analysis shall not be required under 310 CMR 7.02(14)(a)4. for a comprehensive plan application for an existing facility or emission unit that proposes to decrease the existing facility's facility-wide potential emissions within two years of Department approval but will increase facility-wide potential emissions during that period.

6. Prior to submitting a comprehensive plan application, the owner or operator of a proposed project for which a cumulative impact analysis is required under 310 CMR 7.02(14) shall conduct a cumulative impact analysis and submit the cumulative impact analysis report that complies with the requirements in 310 CMR 7.02(14)(b) through (g).

(b)Public Notice and Involvement.

1. At least 60 days prior to filing a comprehensive plan application for which a cumulative impact analysis is required pursuant to 310 CMR 7.02(14)(a), the applicant shall provide notice of the proposed project to the following via electronic or regular mail or both, and maintain copies of all such notices:

a. The appropriate Department Regional Office;

b. The Department's Environmental Justice Director;

c. The chief executive of the municipality in which the facility or emission unit is or will be located; and

d. Representatives of nearby environmental justice populations that include organizations and individuals recommended by the Department's Environmental Justice Director and relevant Department Regional Office. The applicant shall contact the Department to obtain the list of organizations and individuals prior to providing the 60-day notice required by 310 CMR 7.02(14)(b)1.

2. The notice required by 310 CMR 7.02(14)(b)1. shall include a fact sheet using a template provided by the Department that describes the proposed project, nearby environmental justice populations, and applicant contact information for submitting comments or requesting additional information or public involvement activities. The notice and Fact Sheet shall use plain language and be translated into any non-English language spoken by a significant percentage of nearby environmental justice populations.

3. After providing the notice required by 310 CMR 7.02(14)(b)1., the applicant shall participate in a meeting with the appropriate Department Regional Office to discuss public outreach and involvement measures and development of the cumulative impact analysis.

4. After providing the notice required by 310 CMR 7.02(14)(b)1., the applicant shall undertake measures to provide outreach and meaningful public involvement opportunities for nearby environmental justice populations. Such measures may include, but are not limited to, holding one or more community meetings, meeting with existing community-based organizations, creating a project webpage, and disseminating information through social media channels. The Department may require specific measures to ensure meaningful public involvement for environmental justice populations. The public shall be given the opportunity to provide comments to the applicant and the Department on the proposed project during the public involvement opportunities.

(c)Assessment of Existing Community Conditions.

1. As part of the cumulative impact analysis, the applicant shall assess existing conditions in nearby environmental justice populations by collecting and summarizing data on the environmental, public health, and socioeconomic indicators listed in 310 CMR 7.02(14)(c)4. Table 1. The Department shall make this data available on its website.

2. In addition to its assessment of indicators in 310 CMR 7.02(14)(c)1., the applicant shall document relevant comments received regarding air quality and public health made by municipal officials, organizations, representatives and residents in nearby environmental justice populations, and other parties during the public involvement opportunities required in 310 CMR 7.02(14)(b).

3. The results of the assessment of existing community conditions and indicators shall include information about each indicator listed in Table 1, maps showing indicators in relation to the proposed project location and nearby environmental justice populations, and an overall narrative describing existing community conditions, including public comments documented pursuant to 310 CMR 7.02(14)(c)2., and shall be included in the cumulative impact analysis report required under 310 CMR 7.02(14) ((g).

4.Table 1 Indicators.

310 CMR 7.02(14)(c)4. Table 1: Indicators

AIR QUALITY / CLIMATE 1

Particulate Matter 2.5 (PM2.5) levels in air in microgram per cubic meter (µg/m3), annual average and state percentile

Ozone summer seasonal average of daily maximum eight-hour concentration in air in parts per billion (ppb) and state percentile

Traffic proximity by block group and state percentile

Diesel particulate matter level in air in µg/m3 and state percentile

Air Toxics Cancer Risk per million and state percentile

Air Toxics Respiratory Hazard Index (HI) and state percentile

Impervious Surface percent and state percentile

NEARBY REGULATED FACILITIES 2

Facilities with DEP air permits

Facilities reporting under the EPA Toxics Release Inventory program

Facilities reporting under the Toxics Use Reduction Act (i.e., Large Quantity Toxic Users)

Hazardous waste treatment, storage and disposal facilities

Solid waste diversion and disposal facilities3

Large quantity hazardous waste generators

Wastewater treatment plants

Airports

Freight rail yards

Port facilities

HEALTH 1

Asthma prevalence in schools per 100 students total both sexes for each individual school (k-8),2,4 public and private averaged for the most recent three school years available and percent of state rate

Elevated blood lead levels prevalence (rate per 1,000 screened of confirmed blood lead levels above five micrograms per deciliter (µg/dL) for ages nine months to 47 months) averaged for three years and percent of state rate

Low birth weight (rate per 1,000 of full-term singleton births (µg/dL) 2500 grams) averaged for five years and percent of state rate

Premature deaths per 100,000 before age 75 years averaged for five years and percent of state rate

Chronic obstructive pulmonary disease (COPD) among adults aged 18 years or older, crude prevalence (percentage) and percent of state rate

Coronary heart disease among adults aged 18 years or older, crude prevalence (percentage) and percent of state rate

SOCIOECONOMIC 1

Median household income and percent of state median for each EJ block group

Minority population percent for each EJ block group

English language isolation household percent for each EJ block group

Young (<5 years old) (percent and state percentile)

Older (>65 years old) (percent and state percentile)

NEARBY SENSITIVE RECEPTORS 2

Schools (k-12)4

Long-term care residences

Public housing

Childcare facilities

Prisons

1 Report indicator data for most recent year or years available, for each census tract with an EJ block group (unless otherwise stated) within one or five miles of proposed project and the state rate or average and percent of state rate or average for comparison. 2 Identify name, type of site or facility within one mile (for non-major source) or five miles (for major source) of the proposed project. Provide distance from proposed project to nearby sensitive receptors. Provide map of nearby facilities and sensitive receptors within one or five miles of proposed project. 3 Include transfer stations by type, active waste combustors, active landfills, and recycling operations. Include map of points and landfill polygons as available. 4 Schools in or within ½ mile of the boundary of any nearby environmental justice population.

(d)Air Quality Dispersion Modeling

1. As part of the cumulative impact analysis, the applicant shall conduct air quality dispersion modeling of criteria pollutants that will be emitted by the proposed project, in accordance with Department guidance.

2. The applicant shall submit a modeling protocol to the Department for review and approval prior to completing the modeling.

3. The modeling shall account for facility-wide existing criteria pollutant potential emissions and criteria pollutant potential emissions associated with the proposed project, including significant added criteria pollutant emissions from motor vehicles owned or leased by the facility, and existing criteria pollutant actual emissions from nearby significant sources as appropriate. The modeling shall account for background concentrations of criteria pollutants based on data from ambient air monitoring stations.

4. Modeled concentrations of criteria pollutants shall be compared to Ambient Air Quality Standards for the Commonwealth of Massachusetts at 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of Massachusetts and National Ambient Air Quality Standards.

5. The air quality modeling results shall be included in the cumulative impact analysis report required under 310 CMR 7.02(14)(g) and describe modeled concentrations of criteria air pollutants in nearby environmental justice populations, including graphical display of concentration levels between the applicant's facility and nearby environmental justice populations for modeled criteria air pollutants.

(e)Risk Characterization of Air Toxics

1. As part of the cumulative impact analysis, the applicant shall characterize risk of harm to health from air toxics emissions using a risk characterization spreadsheet tool made available by the Department and in accordance with Department guidance. The risk characterization spreadsheet tool has two options:

a. The applicant may use the default air dispersion factor values embedded in risk characterization spreadsheet to calculate cumulative risk; or

b. The applicant may conduct air dispersion modeling to generate air dispersion factor values to enter into the risk characterization spreadsheet tool. In this case the applicant shall submit an air dispersion modeling protocol to the Department for review and approval prior to completing the air dispersion modeling.

2. The inputs to the risk characterization spreadsheet tool shall account for facility-wide existing air toxics potential emissions and air toxics potential emissions associated with the proposed project, and existing air toxics actual emissions from nearby significant sources as appropriate and where information is available.

3. In lieu of using the risk characterization spreadsheet tool, the applicant may conduct a refined risk characterization based on air dispersion modeling. The Department may require that the applicant conduct air quality dispersion modeling of air toxics and a refined risk characterization. In this case the applicant shall submit air dispersion modeling and risk characterization protocols to the Department for review and approval prior to completing the air dispersion modeling and risk characterization in accordance with such protocols.

4. In conducting the risk characterization, the applicant shall calculate cumulative cancer risks and cumulative non-cancer risks using chemical-specific toxicity information published by the Department or otherwise approved for use by the Department.

5. The cumulative cancer risks shall be compared to a cumulative cancer risk limit, which is an excess lifetime cancer risk equal to ten in one million.

6. Cumulative non-cancer risks shall be compared to a cumulative non-cancer risk limit which is a hazard index equal to one.

7. The risk characterization results shall be included in the cumulative impact analysis report required under 310 CMR 7.02(14)(g) and describe the potential risk of harm from air toxics to nearby environmental justice populations, including a graphical display of calculated risk levels for air toxics of particular concern.

(f)Evaluation of Proposed Project Cumulative Impacts

1. As part of the cumulative impact analysis, the applicant shall evaluate and describe how criteria air pollutant and air toxics emissions from the proposed project could affect existing environmental and public health conditions in nearby environmental justice populations.

2. The applicant shall describe any mitigation measures that it will implement to reduce or minimize the cumulative impacts of the proposed project.

3. If the applicant was required to file an environmental impact report pursuant to 301 CMR 11.06(7)(b) for any aspect of the proposed project, the applicant shall summarize the environmental impact report's conclusions regarding any existing unfair or inequitable environmental burden and related public health consequences and any potential disproportionate adverse impacts on nearby environmental justice populations, and measures that it will take to avoid, minimize, or mitigate such impacts.

4. The applicant shall summarize in its cumulative impact analysis report required under 310 CMR 7.02(14)(g) its evaluation of the project's cumulative impacts and any mitigation measures it will take.

(g)Cumulative Impact Analysis Report

1. The applicant shall submit to the Department a cumulative impact analysis report with the comprehensive plan application required under 310 CMR 7.02(5).

2. The cumulative impact analysis report shall contain the following:

a. a description of the notice and public involvement measures conducted pursuant to 310 CMR 7.02(14)(b), including supporting documentation, and a summary of public comments received and the applicant's written responses to the public comments;

b. the assessment of existing community conditions conducted pursuant to 310 CMR 7.02(14)(c);

c. the air quality dispersion modeling conducted pursuant to 310 CMR 7.02(14)(d);

d. the risk characterization conducted pursuant to 310 CMR 7.02(14)(e); and

e. the evaluation of project cumulative impacts conducted pursuant to 310 CMR 7.02(14)(f).

3. Within three days of submittal to the Department of the cumulative impact analysis report and the comprehensive plan application, the applicant shall notify the parties listed in 310 CMR 7.02(14)(b)1. of the availability for public review of the cumulative impact analysis report and the comprehensive plan application and how the public can submit questions and informal comments to the applicant and the Department prior to the start of the formal public comment period required by 310 CMR 7.02(3)(i)1.

(h)Department Review and Decision

1. The Department shall review the cumulative impact analysis report as part of its review of the comprehensive plan application under 310 CMR 7.02(5) and consider any comments submitted to the Department during its review.

2. The Department shall not propose to approve a comprehensive plan application for which a cumulative impact analysis was conducted pursuant to 310 CMR 7.02(14) unless:

a. the requirements of 310 CMR 7.02(3)(j) and 310 CMR 7.02(14)(b)-(g) are met;

b. any cumulative cancer risk calculated does not exceed the cumulative cancer risk limit in 310 CMR 7.02(14)(e)5.; and

c. any cumulative non-cancer risk calculated does not exceed the cumulative non-cancer risk limit in 310 CMR 7.02(14)(e)6

3. After completing its review of the cumulative impact analysis report and the comprehensive plan application, the Department shall issue a proposed decision approving the comprehensive plan application or denying the comprehensive plan application and hold a 60-day comment period pursuant to 310 CMR 7.02(3)(I).

4. After reviewing all public comments received on the Department's proposed decision, the Department shall issue a final decision approving or denying the application for comprehensive plan application.

(i)Cumulative Impact Analysis Regulation Review. Not later than December 31, 2025, the Department shall complete a review of the requirements in 310 CMR 7.02(14) and provide an opportunity for public comment to determine whether the program should be amended. This review shall evaluate the state of the science in cumulative impact analysis, the adequacy of the regulations to address cumulative impacts of air pollution through air permitting, program costs, and any other information relevant to review of the program.

310 CMR 7.02

Amended by Mass Register Issue S1360, eff. 3/9/2018.

Amended by Mass Register Issue 1363, eff. 3/9/2018.

Amended by Mass Register Issue 1413, eff. 3/20/2020.

Amended by Mass Register Issue 1518, eff. 3/29/2024.