(1) Purpose and Scope. The purpose of 310 CMR 7.29 is to control emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), mercury (Hg), carbon monoxide (CO), carbon dioxide (CO2) and fine particulate matter (PM 2.5) (together "pollutants") from affected facilities in Massachusetts. 310 CMR 7.29 accomplishes this by establishing output-based emission rates for NOx, SO2 and CO2 and establishing a cap on CO2 and Hg emissions from affected facilities. CO2 emissions standards set forth in 310 CMR 7.29(5)(a)5.a. and b. shall not apply to emissions that occur after December 31, 2008.
(2) Definitions. The definitions in 310 CMR 7.00 apply to 310 CMR 7.29. However, the terms below have the following meanings when they appear in 310 CMR 7.29. If a term is defined both in 310 CMR 7.00 and in 310 CMR 7.29(2), the definition in 310 CMR 7.29(2) applies for the purpose of 310 CMR 7.29.
Actual Emissions for a facility means
that facility's total annual emissions expressed in tons for each pollutant, as
measured and reported in accordance with 310 CMR 7.29(7).
Affected Facility means a facility
which emitted greater than 500 tons of SO2 and 500 tons
of NOx during any of the calendar years 1997, 1998 or
1999 and which includes a unit which is a fossil fuel fired boiler or indirect
heat exchanger that:
(a) is regulated
by 40 CFR Part 72 (the Federal Acid Rain Program);
(b) serves a generator with a nameplate
capacity of 100 MW or more;
(c) was
permitted prior to August 7, 1977; and
(d) had not subsequently received a Plan
Approval pursuant to
310 CMR
7.00: Appendix A or a Permit pursuant
to the regulations for Prevention of Significant Deterioration, 40 CFR Part 52
prior to October 31, 1998.
Alternate Hg Designated Representative
means, for a coal-fired affected facility and each coal-fired unit at the
facility, the natural person who is authorized by the owners and operators of
the facility and all such units at the facility in accordance with 40 CFR
60.4110 through 60.4114, to act on behalf of the Hg designated representative
in matters pertaining to mercury monitoring, recordkeeping, reporting and
compliance.
Alternative Monitoring System means a
system or a component of a system designed to provide direct or indirect data
of mass emissions per time period, pollutant concentrations, or volumetric
flow, that is demonstrated to the Administrator as having the same precision
reliability, accessibility, and timeliness as the data provided by a certified
CEMS or certified CEMS component in accordance with 40 CFR Part 75.
Ash means bottom ash, fly ash or ash
generated by an ash reduction process derived from combustion of fossil fuels
carbon or other substances.
Automated Data Acquisition and Handling
System or DAHS means that component of
the mercury continuous emission monitoring system (CEMS), or other emissions
monitoring system approved for use under 40 CFR 60.4170 though 60.4176
designed to interpret and convert individual output signals from pollutant
concentration monitors, flow monitors, diluent gas monitors, and other
component parts of the monitoring system to produce a continuous record of the
measured parameters in the measurement units required by 40 CFR 60.4170 through
60.4176.
Block Hourly Average means the average
of all valid emission concentrations when the affected unit is operating
measured over a one-hour period of time from the beginning of an hour to the
beginning of the next hour.
Calendar Quarter means any consecutive
three-month period (nonoverlapping) beginning January
1st, April 1st, July
1st or October
1st.
Calendar Year means any period
beginning January 1st and ending December
31st.
Continuous Emission Monitoring System or
CEMS means the equipment required by 40 CFR Part 75 used to
sample, analyze, measure, and provide, by means of readings recorded at least
once every 15 minutes (using an automated data acquisition and handling system
(DAHS)), a permanent record of SO2,
NOx or CO2 emissions or stack gas
volumetric flow rate.
Historical Actual Emissions or
Historical Actual Emission Rate means the average
annual emissions or output-based emission rate averaged over 1997,1998 and
1999. A different three-year period within the past five years may be used if
requested by the owner of an affected facility, and if the Department
determines that period is more representative of historical actual
emissions.
Mercury (Hg) Designated Representative
means, for a coal-fired affected facility and each coal-fired unit at the
facility, the natural person who is authorized by the owners and operators of
the facility and all such units at the facility, in accordance with 40 CFR
60.4110 through 60.4114, to represent and legally bind each owner and operator
in matters pertaining to mercury monitoring, recordkeeping, reporting and
compliance.
Mercury Continuous Emission Monitoring
System or Mercury CEMS means the
equipment required under 40 CFR 60.4170 through 60.4176 to sample, analyze,
measure, and provide, by means of readings recorded at least once every 15
minutes (using an automated data acquisition and handling system (DAHS)), a
permanent record of Hg emissions, stack gas volumetric flow rate, stack gas
moisture content, and oxygen or carbon dioxide concentration (as applicable),
in a manner consistent with 40 CFR Part 75. The following systems are the
principal types of CEMS required under 40 CFR 60.4170 through 60.4176:
(a) A flow monitoring system, consisting of a
stack flow rate monitor and an automated data acquisition and handling system
and providing a permanent, continuous record of stack gas volumetric flow rate,
in units of standard cubic feet per hour (SCFH);
(b) A Hg concentration monitoring system,
consisting of a Hg pollutant concentration monitor and an automated data
acquisition and handling system and providing a permanent, continuous record of
Hg emissions in units of micrograms per dry standard cubic meter
(µg/dscm);
(c) A moisture
monitoring system, as defined in
40 CFR
75.11(b)(2) and providing a
permanent, continuous record of the stack gas moisture content, in percent
H2O.
(d) A
carbon dioxide monitoring system, consisting of a CO2
concentration monitor (or an oxygen monitor plus suitable mathematical
equations from which the CO2 concentration is derived)
and an automated data acquisition and handling system and providing a
permanent, continuous record of CO2 emissions, in
percent CO2; and
(e) An oxygen monitoring system, consisting
of an O2 concentration monitor and an automated data
acquisition and handling system and providing a permanent, continuous record of
O2, in percent O2.
Mercury Monitoring System means a
mercury continuous emission monitoring system, an alternative monitoring
system, or a sorbent trap monitoring system under 40 CFR Part 60 or 75 but does
not mean the low mass emissions excepted monitoring methodology in 40 CFR
75.81(d).
MWh means megawatt-hours of net
electrical output.
Net Electrical Output of a Facility
means the total actual net electrical output of the facility used by the New
England Independent System Operator to determine settlement resources of energy
market participants.
Output-based Emission Rate means an
emission rate for any pollutant, expressed in terms of actual emissions in
pounds over a specified time period per megawatt-hour of net electrical output
produced over the same time period.
Output-based Emission Standard means
the emission standards for each applicable pollutant, expressed in terms of
pounds of pollutant emitted per megawatt-hour of net electrical output
produced, as set forth in 310 CMR 7.29(5).
(a) Qualifying Repowering Technology as
defined by 40 CFR Part 72 or,
(b)
The replacement of the heat or power from a unit subject to 40 CFR Part 72 at
an affected facility with either a new combustion unit, regardless of the fuel
used, or the purchase of heat or power from the owner of a new combustion unit
regardless of the fuel used, provided the replacement unit:
1. (Regardless of owner) is on the same, or
contiguous property as the replaced unit;
2. Has a maximum heat output rate or power
output rate equal to or greater than the maximum heat output rate or power
output rate of the replaced unit; and, the replaced unit is physically removed
from the affected facility, or the heat or power available from the replaced
unit is limited by limiting hours of operation, maximum heat input or some
other method approved by the Department; and,
3. Incorporates technology capable of
controlling multiple combustion pollutants simultaneously with improved fuel,
boiler or generation efficiency and significantly greater waste reduction
relative to the performance of technology in widespread commercial use as
determined by the Department.
Rolling with respect to an average
means the calculation of an average by dropping the earliest month or calendar
quarter value and incorporating the latest month or calendar quarter value for
the period over which an average is...
