310 CMR, § 7.34

Current through Register 1536, December 6, 2024

Section 7.34 - Massachusetts NO[X] Ozone Season Program (MassNO)

(1)Massachusetts NO Ozone Season Program General Provisions.

(a)Purpose and Scope. The purpose of 310 CMR 7.34 is to control mass emissions of nitrogen oxides (NO) during the ozone season (May 1^st through September 30^th of each year). 310 CMR 7.34 establishes a statewide budget of 1,799 tons of NO_x mass emissions from MassNO Facilities for each ozone season.

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(b)Applicability. The units listed in 310 CMR 7.34(7)(b): Table A shall be MassNO Units subject to the requirements of 310 CMR 7.34.

(c)Permanently Retired Units. The owner or operator of a MassNO Unit that is permanently retired after March 9, 2018 shall comply with the requirements of 310 CMR 7.34(4)(d) and (6)(c) and shall not be subject to the remaining requirements in 310 CMR 7.34.

(d)Averaging Emissions. For the purposes of determining the total ozone season NO mass emissions of a MassNO Facility, the owner or operator of a MassNO Facility shall not average the total NO ozone season mass emissions of a MassNO Unit with the ozone season NO mass emissions of another facility.

(2)DEFINITIONS. The terms used in 310 CMR 7.34 are defined at 310 CMR 7.34(2). Where a term is defined in both 310 CMR 7.00 and 7.34, the definition in 310 CMR 7.34 shall apply.

Acid Rain Program means a multi-state SO and NO air pollution control and emission reduction program established by the Administrator under title IV of the Act and 40 CFR Parts 72 through 78.

Alternate MassNO Designated Representative means the person who has been authorized by the owner or operator of the facility in accordance with 310 CMR 7.34(5)(c) to act on behalf of the MassNO Designated Representative in matters pertaining to NO mass emissions monitoring and reporting for the MassNO program. If the MassNO Facility is also subject to the Acid Rain Program then this person shall be the same natural person as the Alternate Designated Representative under the Acid Rain Program. If the MassNO Facility is not subject to the Acid Rain Program then this person shall be the same natural person as the SIPNO Source Alternate Designated Representative.

CAIR NO Ozone Season Allowances means a limited authorization that was issued by the Department to the owner or operator of a MassNO Unit under provisions of the State Implementation Plan that was approved under 40 CFR 51.123(aa)(1) or (2) and (bb)(1), (bb)(2), (dd), (ee), or under Subpart EEEE of 40 CFR Part 97 or 97.388 , to emit a specified amount of tons of NO_x during the 2015 ozone season.

Combustion Turbine means:

(a) An enclosed device comprising of a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(b) If the enclosed device is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.

Cross-State Air Pollution Rule (CSAPR) means the regulation promulgated at 40 CFR 97 Subpart EEEEE CSAPR NO Ozone Season Group 2 Trading Program by the Administrator of the United States Environmental Protection Agency.

CSAPR NO_x Ozone Season Group 2 Allowance means a limited authorization issued and allocated or auctioned by the Administrator under 40 CFR 97 Subpart EEEEE or § 97.526(c), or by a State or permitting authority under a SIP revision approved by the Administrator under 40 CFR 52.38(b)(6), (7), (8), or (9), to emit one ton of NO_x during a control period of the specified calendar year for which the authorization is allocated or auctioned or any calendar year thereafter under the CSAPR NO Ozone Season Group 2 Trading progam

MassNO_x Designated Representative means the person who has been authorized by the owner or operator of the MassNO Facility to represent and legally bind the owner or operator in matters pertaining to the MassNOx program. If the MassNO Facility is also subject to the Acid Rain Program then this person shall be the same natural person as the Designated Representative under the Acid Rain Program. If the MassNO Facility is not subject to the Acid Rain Program then this person shall be the same natural person as the SIPNO Source Designated Representative.

MassNO_x Facility means a facility that has one or more MassNO Units on site.

MassNO_x Facility Emissions Budget means a budget amount of ozone season NO mass emissions assigned to a MassNO Facility as determined by the Department.

MassNO_x Unit means any unit listed in 310 CMR 7.34(7)(b): Table A.

Monitoring System means a monitoring system that meets the requirements of 310 CMR 7.34(3) including a continuous emissions monitoring system, an alternative monitoring system, or an accepted monitoring system under 40 CFR Part 75 , or as otherwise approved by the Department or the Administrator.

Operator means any person who operates, controls, or supervises a MassNO Unit or a MassNO Facility including, but not be limited to, any holding company, utility system, or plant manager of such a MassNO Unit or MassNO Facility.

Owner means any of the following persons:

(a) Any holder of any portion of the legal or equitable title in a MassNO Unit or a MassNO Facility; or

(b) Any holder of a leasehold interest in a MassNO Unit or a MassNO Facility; or

(c) Any purchaser of power from a MassNO Unit or a MassNO Facility under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through a passive lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from a MassNO Unit or a MassNO Facility.

OZONE SEASON means the period beginning May 1^st of a calendar year, and ending on September 30^th of the same year.

Reference Method means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR 75.22.

SIPNO_xSource means any MassNO_x Unit that is subject to;

(a) The applicability requirements of 40 CFR 75.2 and is required, by the Administrator, to monitor and report NO mass emissions under 40 CFR 75 in the Emissions Collection and Monitoring System (ECMPS); or

(b) The applicability requirements of 40 CFR 75.70 and is required, by the Department, to monitor and report NO mass emissions under 40 CFR 75 Subpart H in the Emissions Collection and Monitoring System (ECMPS).

Ton means 2,000 pounds. For the purpose of determining compliance with the state-wide emissions budget, total tons of NO mass emissions for an ozone season shall be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with 310 CMR 7.34(3)(c), but with any remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal zero tons.

(3)Monitoring Requirements.

(a)Definitions and Terms. For purposes of complying with monitoring requirements, the definitions in 310 CMR 7.34(2), 40 CFR 75.2, and 40 CFR 75.70 shall apply, and the terms "affected unit", "designated representative", and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 shall be deemed to refer to the terms "MassNO Unit", "MassNO Facility", "MassNO Designated Representative" and "monitoring system", respectively, as defined in 310 CMR 7.34(2).

(b)Monitoring Requirements. The owner or operator of a MassNO Unit, shall operate and maintain a monitoring system to measure NO ozone season mass emissions and heat input in accordance with the provisions 40 CFR Part 75 Subpart H.

(c)Mass Emissions Determination. The owner or operator of a MassNO Unit shall maintain and operate all monitoring systems, including all systems required to monitor NO mass emission rate, NO concentration, stack gas moisture content, stack gas flow rate, CO or O concentration, fuel flow rate, and heat input, as applicable, in accordance with 40 CFR 75.71 and 40 CFR 75.72.

(d)Out of Control Periods. Whenever a monitoring system fails to meet the qualityassurance and quality-control requirements or data validation requirements of 40 CFR 75, data shall be substituted using applicable missing data procedures of 40 CFR Part 75 Subpart D, or H, or 40 CFR 75 Appendix D or E.

(e)Prohibitions. The owner or operator of a MassNO Unit shall not use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of 310 CMR 7.34(3) without prior written approval from the Department and the Administrator.

(4)Reporting Requirements.

(a)General Requirements. The owner or operator, and to the extent applicable, the MassNO Designated Representative, of a MassNO Unit, shall comply the reporting requirements of 40 CFR 75 Subpart H and 310 CMR 7.34(4).

(b)Quarterly Emissions Reporting. The MassNO_x Designated Representative shall submit quarterly reports of NO mass emissions data and heat input data from the MassNO_x Facility to the Administrator on a quarterly basis or for the control period within 30 days following the end of the calendar quarter covered by the report in the manner specified in 40 CFR 75.73(f).

(c)Compliance Certification Reporting. The MassNO_x Designated Representative shall submit a compliance certification to the Administrator in a format prescribed by the Administrator. The compliance certification shall be submitted in support of each quarterly report based on a reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. In the compliance certification the MassNO Designated Representative shall certify:

1. The monitoring data submitted was recorded in accordance with the applicable requirements of 310 CMR 7.34(3) and 40 CFR Part 75, including the quality assurance procedures and specifications;

2. For a MassNO Unit with add-on NO_x emission controls and for all hours where NO_x data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under 40 CFR Part 75: Appendix B and the substitute data values do not systematically underestimate NO_x emissions; and

3. For a unit that is reporting on a control period basis under 310 CMR 7.34(4)(b), the NO_x mass emission rate and NO_x concentration values substituted for missing data under Subpart D of 40 CFR Part 75 are calculated using only values from a control period and do not systematically underestimate NO_x emissions.

(d)Permanently Retired Unit Reporting. Within 30 days of the permanent retirement of the MassNO _xUnit, the MassNO Designated Representative shall submit a statement to the Department and a duplicate copy to the Administrator. In the statement the MassNO Designated Representative shall certify:

1. That the MassNO_x Unit was permanently retired;

2. The date on which the MassNO_x Unit was permanently retired.

(e)Certification of Reports. All reports submitted to the Department under the MassNO program must be signed and attested to by the MassNO_x Designated Representative or Alternate MassNO Designated Representative and must include the following statement:

"I certify that I have personally examined the foregoing and am familiar with the information contained in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment."

(5)MassNO_x Designated Representatives and Alternate MassNO_x Designated Representatives.

(a)Authorized MassNO_x Designated Representative. Each MassNO Facility shall authorize one MassNO_xDesignated Representative to act on behalf of the owner or operator with regard to all matters under the MassNO_x Program, the MassNO_x Facility, or any individual MassNO_x Unit.

(b)Certificate of Representation. The owner or operator of a MassNO_x Facility shall, in the format prescribed by the Administrator, submit to the Administrator a complete certificate of representation for a MassNO_x Designated Representative and/or an Alternate MassNO_x Designated Representative.

(c)Alternate MassNO Designated Representative. A certificate of representation under 310 CMR 7.34(5)(b) may designate one Alternate MassNO_x Designated Representative who may act on behalf of the MassNO_x Designated Representative. Upon receipt by the Administrator of a complete certificate of representation under 310 CMR 7.34(5)(b), any representation, action, inaction, or submission by the Alternate MassNO_x Designated Representative shall be deemed to be a representation, action, inaction, or submission by the MassNO_x Designated Representative.

(d)Change of the MassNO_x Designated Representative or Alternate MassNO Designated Representative. The owner or operator may change the MassNO_x Designated Representative or the Alternate MassNO_x Designated Representative at any time by submitting a certificate of representation under 310 CMR 7.34(5)(b); such change shall be effective upon receipt by the Administrator.

(6)Recordkeeping Requirements.

(a)General Requirements. An owner or operator of a MassNO Facility shall comply with all of the recordkeeping requirements of 40 CFR 75 Subpart H and 310 CMR 7.34(4).

(b)On-site Record Retention. An owner or operator of a MassNO Facility shall keep onsite at the facility all records and reports required by 310 CMR 7.34(4) for a period of five years from the date the record or report is created. The Department may extend this period for cause, in writing, at any time before the end of the five years.

(c)Permanently Retired Units Record Retention. An owner or operator of a permanently retired MassNO Unit shall retain, at the MassNO Facility, records demonstrating that the MassNO Unit is permanently retired, for a period of five years from the date the record is created. The Department or the Administrator may extend this period for cause, in writing, at any time before the end of the five years.

(7)MassNO_xOzone Season Emissions Budgets.

(a)Statewide Emissions Budget. Beginning May 1, 2017, and for each ozone season thereafter, the total statewide emissions budget for MassNO Facilities shall be 1,799 tons per ozone season. The statewide budget shall remain 1,799 tons for each ozone season regardless of any MassNo Facility or MassNo Unit retirement.

(b)MassNO_xFacility Emissions Budgets. Beginning May 1, 2017, the emissions budget in 310 CMR 7.34(7)(b): Table A shall apply to each listed facility.

310 CMR 7.34(7)(b): Table A

FACILITY NAME	ORIS CODE	UNIT(S)	MASSNOx FACILITY EMISSIONS BUDGET (Tons of NOx Per Ozone Season)
Braintree Electric	1660	3, 4, 5	23
Brayton Point Energy, LLC	1619	1, 2, 3, 4	989
Dartmouth Power Associates	52026	1, 2, 5	32
Essential Power Mass, LLC, Doreen St.	1631	1	0
Essential Power Mass, LLC, Woodland St.	1643	1	0
Essential Power West Springfield	1642	15, 17	9
Exelon Framingham	1586	FJ-1, FJ-2, FJ-3	0
Exelon New Boston	1589	NBJ1	0
Exelon West Medway	1592	J1T1, J1T2, J2T1, J2T2, J3T1, J3T2	1
General Electric Aircraft Engines	10029	99-5, 99-3	10
Harvard University Blackstone Steam Plant	1594	B11, B12	8
Kendall Green Energy, LLC	1595	2, 3, S6	67
Kneeland St. Station	880023	1, 2, 3, 4	60
Masspower	10726	1, 2	93
MBTA South Boston Power	10176	A, B	1
Milford Power, LLC	54805	1	76
MWRA Deer Island	10823	S42, S43	0
Mystic Station	1588	4, 10	42
NEA Bellingham	10307	1, 2	138
NRG Canal Station	1599	1, 2	143
Peabody Municipal Light Plant - Waters River	1678	1, 2	3
Pittsfield Generating Company, LP	50002	1, 2, 3	29
Stony Brook Energy Center	6081	1, 2, 3, 4, 5	60
Taunton Municipal Light Plant - Cleary Flood	1682	8, 9	15

(c)Permanently Retired Units. The owner or operator of a permanently retired MassNO Unit shall not operate the MassNO Unit during the ozone season. The retirement of a MassNO Unit shall not affect the MassNO Facility Emissions Budget listed in 310 CMR 7.34(7)(b).

(d)Permanently Retired Facilities. The owner or operator of a permanently retired MassNO Facility shall not operate the MassNO Facility during the ozone season. The retirement of a MassNO Facility shall not affect the statewide budget in 310 CMR 7.34(7)(a) and the MassNO Facility's Emissions Budget listed in 310 CMR 7.34(7)(b) shall not be allocated to any other MassNOx Facility.

(8)Statewide Emissions Budget Exceedance and Required Actions.

(a) If the Department determines that the state-wide emissions budget of 1,799 tons of NO per ozone season is exceeded, the Department shall notify the owner or operator of each MassNO Facility that emitted greater than the MassNO Facility Emissions Budget listed in 310 CMR 7.34(7)(b): Table A, no later than 30 days after the close of the ozone season.

(b) Within 60 days of being notified by the Department, each such MassNO Facility shall transfer to the Department CSAPR NO Ozone Season Group 2 Allowances, 2017 vintage or later, at a rate of one CSAPR NO Ozone Season Group 2 Allowance for every one ton of excess emissions above the MassNO Facility Emissions Budget.

(c) The Department may request NO emissions data or any additional related information from any MassNO Facility during or after the applicable ozone season for verification purposes.

310 CMR, § 7.34

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

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