310 CMR 7.54 U Large Combustion Emission Units

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.54
• Year: 2020

(1) Applicability. As set forth in 310 CMR 7.02(3) and (5)(a)11., a Comprehensive Plan Application is required from any person prior to substantially reconstructing one or more large combustion emission units resulting in a major modification. The requirements of 310 CMR 7.54 shall not apply to a pollutant if the facility is located in an area designated as non-attainment under the Clean Air Act, § 107 ( 42 U.S.C. 42Air quality control regions7407 ), for that pollutant.

(2) Definitions. The definitions in 310 CMR 7.00 apply to 310 CMR 7.54. However, the following terms have the following meanings when they appear in 310 CMR 7.54. If a term is defined both in 310 CMR 7.00 and .54(2), the definition in 310 CMR 7.54(2) applies for purposes of 310 CMR 7.54.

Actual Emissions means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with 310 CMR 7.54: Actual Emissions(a) through (c).

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal operation The Department shall allow the use of a different time period upon a determination that it is more representative of normal operation. Actual emissions shall be calculated using the unit's actual operating hours production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) For any emissions unit (other than an electric utility steam generating unit specified in 310 CMR 7.54: Actual Emissions(c)), which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(c) For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit), actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, provided the facility owner or operator maintains and submits to the Department on an annual basis for a period of five years from the date the unit resumes regular operation information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten years, may be required by the Department if it determines such a period to be more representative of normal facility post-change operations Allowable Emissions means the emissions rate of a facility calculated using the maximum rated capacity of the LCEU(s) (unless the LCEU is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent emission standard, including one with a future compliance date. Begin Actual Construction means, in general, initiation of physical on-site construction activities on an LCEU which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

Commence as applied to construction of an LCEU means that the owner or operator has all necessary plan approvals required pursuant to 310 CMR 7.02 and either has:

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the LCEU, to be completed within a reasonable time; or

(b)...