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 Minimis Increase 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. 12 Fuel 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 NOx 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; and 9. The owner or operator of the facility is subject to the requirements of 310 CMR 7.02(14) and the Department has determined that the facility has met all requirements in 310 CMR 7.02(3)(j) and 310 CMR 7.02(14). (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. (See 310 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 see 310 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 see 310 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 see 310 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