310 CMR 7.02 U Plan Approval and Emission Limitations

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.02
• Year: 2020

(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.

(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 CMRAir Pollution Control310 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 310 CMRU Plan Approval Exemption7.03 or 310 CMRMB City of Boston/East Boston Parking Freeze7.26 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 310 CMRU Organic Material Storage and Distribution7.24, 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 CMRAir Pollution Control310 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...