U Plan Approval Exemption: Construction Requirements

(1) General. (a) Any person who constructs, substantially reconstructs or alters, and subsequently operates an emission unit listed in 310 CMR 7.03(1)(a), may comply with the specific requirements of 310 CMR 7.03(5) through (7) in lieu of filing either a Comprehensive Plan Application (CPA) required by 310 CMR 7.02(5)(a) or a Limited Plan Application (LPA) required by 310 CMR 7.02(4)(a), except as provided in 310 CMR 7.03(2). (b) Under 310 CMR 7.03, VOC shall include Volatile Organic Compounds (VOC) and Halogenated Organic Compounds (HOC) as defined in 310 CMR 7.00. (c) Nothing in 310 CMR 7.03 relieves a person who owns, operates, leases or controls a facility from having to comply with other applicable requirements of 310 CMR 7.00 including, but not limited to, applicable 310 CMR 7.18 and 7.19 Reasonably Available Control Technology (RACT) requirements that come into effect after a person constructs, substantially reconstructs or alters, or operates an emission unit under 310 CMR 7.03. (d) 1. Any person who constructs, substantially reconstructs, or alters and subsequently operates an emission unit in accordance with 310 CMR 7.03(8), (15), (16) or (19) shall limit the facility-wide emission of any individual hazardous air pollutant (HAP) to less than ten tons in each consecutive 12-month time period, and all combined HAPs to less than 25 tons in each consecutive 12-month time period. 2. The limits specified in 310 CMR 7.03(1)(d)1. do not apply to an owner or operator subject to 310 CMR 7.00 Appendix C: Operating Permit and Compliance Program. (2) Prohibition. 310 CMR 7.03 is not an alternative to obtaining a plan approval pursuant to 310 CMR 7.02 if construction, substantial reconstruction or alteration would violate requirements of: (a) 310 CMR 7.02(5)(a)7. relating to Prevention of Significant Deterioration (PSD) requirements or the need for Non-attainment Review; (b) 310 CMR 7.02(5)(a)8. and 9. relating to plan approvals, Nonattainment Review approval or PSD permits, or MACT requirements at 40 CFR 63.40 through 63.44; (c) 310 CMR 7.02(5)(a)10. relating to Department determinations of a potential condition of air pollution; (d) 310 CMR 7.02(5)(a)5. relating to any incinerator; (e) 310 CMR 7.02(4)(a)3. relating to plan approvals; or (f) 310 CMR 7.02(4)(a)4. relating to significant increase in federal potential emissions. (3) Including Emission Units in Calculation of Net Emission Increase. Persons who construct, substantially reconstruct or alter an emission unit that complies with the requirements of 310 CMR 7.03 must include said emission unit in calculating significant net emission increase and determining applicability of Non-attainment New Source Review, 310 CMR