310 CMR 7.03 U Plan Approval Exemption

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.03
• Year: 2020

(1) General.

(a) Any person who constructs, substantially reconstructs or alters, and subsequently operates an emission unit listed in 310 CMR 7.03(l)(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 310 CMRU Plan Approval and Emission Limitations7.02(5)(a) or a Limited Plan Application (LPA) required by 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(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 CMRAir Pollution Control310 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 CMRAir Pollution Control310 CMR 7.00 including, but not limited to, applicable 310 CMR 310 CMRU Volatile and Halogenated Organic Compounds7.18 and 310 CMRU Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NCO[x])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(l)(d) l. do not apply to an owner or operator subject to 310 CMRAir Pollution Control310 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 310 CMRU Plan Approval and Emission Limitations7.02 if construction, substantial reconstruction or alteration would violate requirements of:

(a) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(5)(a)7. relating to Prevention of Significant Deterioration (PSD) requirements or the need for Non-attainment Review;

(b) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(5)(a)8. and 9. relating to plan approvals, Nonattainment Review approval or PSD permits, or MACT requirements at 40 CFR 40Applicability of sections 63.40 through 63.4463.40 through 40Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement63.44;

(c) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(5)(a)10. relating to Department determinations of a potential condition of air pollution;

(d) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(5)(a)5. relating to any incinerator;

(e) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(4)(a)3. relating to plan approvals; or

(f) 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(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 CMRAir Pollution Control310 CMR 7.00: Appendix A, PSD ( 40 CFR 40Prevention of significant deterioration of air quality52.21 ) or Case-by-case MACT ( 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(5)(e) ).

(4) Emission Units Constructed or Altered Since 1970.

(a) Persons who construct, substantially reconstruct, alter, or subsequently operate an emission unit after July 1,1970 in the Metropolitan Boston Air Pollution Control District and after September 15,1970 in all other districts are not required to obtain plan approval if said emission unit complies with the requirements of 310 CMR 7.03(5) through (7), and is not prohibited by 310 CMR 7.03(2).

(b) Persons who already have plan approval for emission units that might otherwise be subject to 310 CMR 7.03 must continue to comply with the terms and conditions of the plan approval and are not subject to the requirements of 310 CMR 7.03.

(5) Reporting. Any construction, substantial reconstruction or alteration, as described in 310 CMR 7.03, at a facility subject to the reporting requirements of 310 CMR 310 CMRU Source Registration7.12, shall be reported to the Department on the next required source registration.

(6) Record-keeping. A record-keeping system shall be established and continued in sufficient detail to document the date of construction, substantial reconstruction or alteration and that the respective emission rates, operational limitations, equipment specifications and other requirements pursuant to 310 CMR 7.03 are met. All records shall be maintained up-to-date such that year-to-date information is readily available for Department examination.

(7) Operation. No person shall operate a facility constructed, substantially reconstructed or altered pursuant to 310 CMR 7.03 except in conformance with the requirements established herein. This exemption from the requirements of 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(4) and (5) shall not affect the responsibility of the owner or operator to comply with other provisions of 310 CMRAir Pollution Control310 CMR 7.00, other applicable regulations or any plan approval, notice of noncompliance order, PSD permit or other approval issued to said facility.

(8) Degreaser. Construction, substantial reconstruction or alteration of any degreaser in compliance with the criteria established in 310 CMR 310 CMRU Volatile and Halogenated Organic Compounds7.18(8), regardless of the item being degreased, with a solvent consumption rate of less than 100 gallons per month. Consumption rate is the amount of solvent added into the unit less any documented solvent waste disposal or recycling amounts, each in gallons per month.

(9) Wave Solder. Construction, substantial reconstruction or alteration of an oil-less wave solder operation or any wave solder operation with a flux consumption rate, including any thinner, of less than 200 gallons per month, either equipped with an electrostatic precipitator capable of maintaining a particulate control efficiency of greater than 90% or emitting visible emissions with 0% opacity.

(10) Emergency or Standby Engine.

(a) On or after June 1, 1990, but prior to March 23, 2006, construction, substantial reconstruction or alteration of any emergency or standby engine shall comply with 310 CMR 7.03(10)(a) through (c) All such emergency or standby engines shall 1. Have an energy input capacity of equal to or greater than 3,000,000 Btu per hour and less than or equal to 10,000,000 Btu per hour; and 2. Be equipped with an exhaust gas silencer so that sound emissions from the generator will not cause or contribute to a condition of air pollution; and 3. Utilize an exhaust stack that discharges so as to not cause or contribute to a condition of air pollution; and 4. Operate only a. for up to 100 hours per calendar year, or as otherwise approved by EPA, for maintenance checks and readiness testing provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine; b. as part of the 100 hours, for up to 50 hours per calendar year for non-emergency situations; and c. during periods of electric power outage due to failure of the electrical supply, in whole or in part, onsite disaster, local equipment failure, flood, fire or natural disaster, or when the imminent threat of a power outage is likely due to failure of the electrical supply. Additional limitations and conditions may apply, including but not limited to, 40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60, Subpart IIII; and 40 CFR Part 60, Subpart JJJJ.

(b) No person shall accept for delivery for burning in any engine subject to 310 CMR 7.03(10), diesel or any other fuel that does not meet the sulfur content limit for fuel in 310 CMR 310 CMRU Fuels All Districts7.05.

(c) Reporting and record keeping requirements for 310 CMR 7.03(10), as required by 310 CMR 7.03(5) and (6), shall be in accordance with 310 CMR 310 CMRU Plan Approval and Emission Limitations7.02(8)(i)3. through 4.

(11) Lead Melt Pots. Construction, substantial reconstruction or alteration of any lead melt pot(s) equipped with fabric filter control capable of maintaining 99.5% control efficiency of particulate matter.

(12) Dry Material Storage Silo. Construction, substantial reconstruction or alteration of any storage...