(1) Massachusetts NOx Ozone Season Program General Provisions.
(a)
Purpose and Scope. The purpose of 310 CMR 7.34 is to
control mass emissions of nitrogen oxides (NOx) during
the ozone season (May 1st through September
30th of each year). 310 CMR 7.34 establishes a
statewide budget of 1,799 tons of NOx mass emissions
from MassNOx Facilities for each ozone season.
(b)
Applicability
The units listed in 310 CMR 7.34(7)(b): Table A shall be
MassNOx Units subject to the requirements of 310 CMR
7.34.
(c)
Permanently
Retired Units. The owner or operator of a
MassNOx Unit that is permanently retired after March 9
2018 shall comply with the requirements of 310 CMR 7.34(4)(d) and (6)(c) and
shall not be subject to the remaining requirements in 310 CMR 7.34.
(d)
Averaging
Emissions. For the purposes of determining the total ozone season
NOx mass emissions of a MassNOx
Facility, the owner or operator of a MassNOx Facility
shall not average the total NOx ozone season mass
emissions of a MassNOx Unit with the ozone season
NOx mass emissions of another facility.
(2) Definitions. The terms used in 310 CMR 7.34 are defined at 310 CMR 7.34(2). Where a term is defined in both 310 CMR 7.00 and 7.34, the definition in 310 CMR 7.34 shall apply.
Acid Rain Program means a multi-state
SO2 and NOx air pollution control
and emission reduction program established by the Administrator under title IV
of the Act and 40 CFR Parts 72 through 78.
Alternate MassNOx
Designated Representative means the person who has
been authorized by the owner or operator of the facility in accordance with 310
CMR 7.34(5)(c) to act on behalf of the MassNOx
Designated Representative in matters pertaining to NOx
mass emissions monitoring and reporting for the MassNOx
program. If the MassNOx Facility is also subject to the
Acid Rain Program then this person shall be the same natural person as the
Alternate Designated Representative under the Acid Rain Program. If the
MassNOx Facility is not subject to the Acid Rain Program
then this person shall be the same natural person as the
SIPNOx Source Alternate Designated
Representative.
CAIR NOx Ozone Season
Allowances means a limited authorization that was issued by the
Department to the owner or operator of a MassNOx Unit
under provisions of the State Implementation Plan that was approved under
40
CFR 51.123(aa)(l) or (2) and (bb)(l), (bb)(2), (dd)
(ee), or under Subpart EEEE of 40 CFR Part 97
or 97.388, to emit a specified amount of tons of NOx
during the 2015 ozone season.
Combustion Turbine means:
(a) An enclosed device comprising of a
compressor, a combustor, and a turbine and in which the flue gas resulting from
the combustion of fuel in the combustor passes through the turbine, rotating
the turbine; and
(b) If the
enclosed device is combined cycle, any associated duct burner, heat recovery
steam generator, and steam turbine
Cross-State Air Pollution Rule (CSAPR)
means the regulation promulgated at 40 CFR 97 Subpart EEEEE CSAPR
NOx Ozone Season Group 2 Trading Program by the
Administrator of the United States Environmental Protection Agency.
CSAPR NQy
Ozone Season Group 2 Allowance means a limited
authorization issued and allocated or auctioned by the Administrator under 40
CFR 97 Subpart EEEEE or § 97.526(c), or by a State or permitting authority
under a SIP revision approved by the Administrator under
40
CFR 52.38(b)(6), (7), (8), or
(9), to emit one ton of
NOx during a control period of the specified calendar
year for which the authorization is allocated or auctioned or any calendar year
thereafter under the CSAPR NOx Ozone Season Group 2
Trading progam
MassNOx
Designated Representative means the person who has
been authorized by the owner or operator of the MassNOx
Facility to represent and legally bind the owner or operator in matters
pertaining to the MassNOx program. If the MassNOx
Facility is also subject to the Acid Rain Program then this person shall be the
same natural person as the Designated Representative under the Acid Rain
Program. If the MassNOx Facility is not subject to the
Acid Rain Program then this person shall be the same natural person as the
SIPNOx Source Designated Representative.
MassNOx
Facility means a facility that has one or more
MassNOx Units on site.
MassNOx
Facility Emissions Budget means a budget amount of
ozone season NOx mass emissions assigned to a
MassNOx Facility as determined by the Department.
MassNOx
Unit means any unit listed in 310 CMR 7.34(7)(b)
Table A.
Monitoring System means a monitoring
system that meets the requirements of 310 CMR 7.34(3) including a continuous
emissions monitoring system, an alternative monitoring system, or an accepted
monitoring system under 40 CFR Part 75, or as otherwise approved by the
Department or the Administrator.
Operator means any person who
operates, controls, or supervises a MassNOx Unit or a
MassNOx Facility including, but not be limited to, any
holding company, utility system, or plant manager of such a
MassNOx Unit or MassNOx
Facility.
Owner means any of the following
persons:
(a) Any holder of
any portion of the legal or equitable title in a MassNOx
Unit or a MassNOx Facility; or
(b) Any holder of a leasehold interest in a
MassNOx Unit or a MassNOx
Facility; or
(c) Any purchaser of
power from a MassNOx Unit or a
MassNOx Facility under a life-of-the-unit, firm power
contractual arrangement; provided that, unless expressly provided for in a
leasehold agreement, owner shall not include a passive lessor, or a person who
has an equitable interest through a passive lessor, whose rental payments are
not based (either directly or indirectly) on the revenues or income from a
MassNOx Unit or a MassNOx
Facility.
Ozone Season means the period
beginning May 1st of a calendar year, and ending on
September 30th of the same year.
Reference Method means any direct test
method of sampling and analyzing for an air pollutant as specified in
40 CFR
75.22.
SIPNCX Source means any
MassNOx Unit that is subject to;
(a) The applicability requirements of
40
CFR 75.2 and is required, by the
Administrator, to monitor and report NOx mass emissions
under 40 CFR 75 in the Emissions Collection and Monitoring System (ECMPS);
or
(b) The applicability
requirements of
40 CFR
75.70 and is required, by the Department, to
monitor and report NOx mass emissions under 40 CFR 75
Subpart H in the Emissions Collection and Monitoring System (ECMPS).
Ton means 2,000 pounds. For the
purpose of determining compliance with the state-wide emissions budget, total
tons of NOx mass emissions for an ozone season shall be
calculated as the sum of all recorded hourly emissions (or the mass equivalent
of the recorded hourly emission rates) in accordance with 310 CMR 7.34(3)(c),
but with any remaining fraction of a ton equal to or greater than 0.50 tons
deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons
deemed to equal zero tons.
(3) Monitoring...
