Procedures

(1) Application of Technology Performance Standards. Any petition for approval to construct a generating facility that is filed for review pursuant to M.G.L. c. 164, § 69J¼ must include an analysis of the proposed facility's expected emissions of the criteria and non-criteria pollutants listed in 980 CMR 12.03. Such analysis shall include a summary of the proposed facility's expected emissions, a description of the modelling or other analyses used to derive the expected emissions, and where performance guarantees are available from the equipment manufacturer, a description of the performance guarantees. If the expected emissions of the proposed generatingfacilityexceed the levels set forth in 980 CMR 12.03 for any pollutant or pollutants, the applicant also must provide the information listed in 980 CMR 12.02(2) as part of its petition. The Energy Facilities Siting Board may request copies of guarantees, work papers, or other documents to verify expected generating facility emissions; however, applicants proposing the use of fuel types that do not contain pollutants specified in the TPS and that when burned do not result in pollutants specified in the TPS, will not be required to provide modelling or testing results, guarantees, work papers or other similar documents with respect to those pollutants. Emissions testing shall be conducted in accordance with the Massachusetts Department of Environmental Protection's "Guideline for Source Emission Testing" and in accordance with U.S. Environmental Protection Agency tests as specified in 40 CFR Part 60, Appendix A; 40 CFR Part 60, Subpart GG; 40 CFR Parts 72 and 75; or in accordance with another methodology approved by the Massachusetts Department of Environmental Protection. (2) Additional Information Requirements. An applicant proposing to construct a generating facility withone or more emissions in excess of the emission levels set forth in980 CMR12.03 must provide the following additional information with its petition: (a) The applicant shall document the reliability of the proposed generation technology throughout the industry and evaluate the reliability of the proposed fuel supply in Massachusetts. (b) The applicant shallprovide the costof the technology per megawatt hour (inclusive of capital costs, operating and fuel costs, and decommissioning costs) relative to other fossilfuelgenerating technologies. (c) The applicant shall discuss how the proposed facility will enhance New England's energy mix and prevent overdependence on one or more fuel sources. (d) The applicant shall provide information comparing the overall environmental impacts associated with the proposed facility with the overall environmental impacts of facilities using other fossil fuel generating technologies. (1) Technology Performance Standards for Criteria Pollutants. The following are the technology performance standards for criteria pollutants: Name of Pollutant (Pounds per Megawatt-Hour Burning Primary Fuel 100% base load at 50 degrees Fahrenheit) Sulfur Dioxide Nitrogen Oxides Fine Particulates - PM10 Particulate Matter Carbon Monoxide Volatile Organic Compounds (2) TechnologyPerformance Standards for Non-Criteria Pollutants. The following are the technology performance standards for non-criteria pollutants: Antimony Arsenic Beryllium Cadmium Chromium Cobalt Copper Lead Manganese Mercury 12.03: continued Nickel Nickel Oxide Phosphorus Selenium Vanadium Vanadium Pentoxide (3) Updating to the Technology Performance Standards. The Energy Facilities Siting Board will update the technology performance standards as necessary to reflect improvements in fossil fuel generating and control technologies. Any such updates or new technology performance standards will not apply retroactively to a proposed generating facility with expected emissions that satisfied the technology performance standards in effect on the date the applicant filed its petition for approval to construct the facility.