(1) Introduction. 310 CMR 7.00: Appendix A sets forth the Massachusetts preconstruction review program for stationary sources of air pollution (not including indirect sources) pursuant to sections 172(c)(5) and 173 of the Clean Air Act. A new major source or major modification either that is located in an area designated as nonattainment pursuant to section 107(d) of the Act, published at 40 CFR 81, for any National Ambient Air Quality Standards (NAAQS) for which the source or modification would be major or that is major for volatile organic compounds or oxides of nitrogen must meet the stringent conditions set forth in this appendix prior to receiving approval to construct. These conditions are designed to insure that the increased emissions will be controlled to the greatest degree possible; that more than equivalent offsetting emission reductions (emission offsets) will be obtained from existing sources; and that there will be reasonable further progress toward achievement of the National Ambient Air Quality Standards (NAAQS).
(2) Definitions. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.00: Appendix A. The following words and phrases shall have the following meanings as they appear in 310 CMR 7.00: Appendix A. Where a term is defined in 310 CMR 7.00 and the definition also appears in 310 CMR 7.00: Appendix A(2) the definition in 310 CMR 7.00: Appendix A controls.
Actual Emissions means:
(a) As of a particular date, actual emissions 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 source operation. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source 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. For the purposes of calculating a net emissions increase where actual emissions exceed allowable emissions, the actual emissions for the unit will be presumed to be equivalent to the source-specific allowable emissions of the unit.
(b) For either an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) or an emissions unit(s) complying with 310 CMR 7.08(2), 7.18, 7.19, 7.24, or 7.34, actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, provided the source 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 period to be more representative of normal source post-change operations.
(c) For any emissions unit (except as provided for in 310 CMR 7.00: Appendix A Actual Emissions(b)) which has not begun normal operations on the particular date, actual emissions shall equal the federal potential emissions of the unit on that date.
Allowable Emissions means the emissions rate, in tons per year, of a stationary source calculated by multiplying the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) times the most stringent of:
(a) Any applicable standards set forth in 40 CFR part 60 (NSPS) or 61 (NESHAPS);
(b) Any applicable Massachusetts SIP emissions limitation including a limitation with a future compliance date; or
(c) Any emissions rate specified as a federally enforceable permit condition, including a limitation with a future compliance date.
Begin Actual Construction means physical on-site construction activities on an emissions unit which is of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
Building, Structure, Facility, or Installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Any marine vessel is a part of a facility while docked at the facility. Any marine vessel is a part of an Outer Continental Shelf (OCS) source while docked at and within 25 miles en route to and from the OCS source. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
Clean Coal Technology (CCT) means any technology at a new or existing emissions unit(s), including technologies applied at the precombustion, combustion, or post combustion stage, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.
Clean Coal Technology Demonstration Project means a project using funds appropriated under the heading 'Department of Energy-Clean Coal Technology,' up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the United States Environmental Protection Agency (EPA). The Federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
Coastal Waters means tidal waters over permanently or periodically submerged lands lying between the mean high tide line and a line seaward from the coastline to the boundary line of each State. The boundary shall extend no more than three geographical miles into the Atlantic Ocean.
Commence means as applied to construction of a major stationary source or major modification that the owner or operator has all necessary preconstruction approvals or permits and either has:
(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or,
(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
Complete means, in reference to an application for a plan approval, that the application contains all of the information necessary for processing the application, as determined by the Department. Designating an application administratively complete for purposes of permit processing does not preclude the Department from requesting or accepting any additional information.
Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in an increase in actual emissions.
Corresponding Onshore Area means, for stationary sources located in, or on, navigable rivers and lakes, coastal waters, or the Outer Continental Shelf (OCS), the onshore attainment or nonattainment area which is closest to the source. However, the Department or EPA may determine that another area with more stringent requirements with respect to the control and abatement of air pollution may reasonably be expected to be affected by such emissions. Such determination shall be based on the potential for air pollutants from the offshore source to reach the other onshore area and the potential of such air pollutants to affect the efforts of the other onshore area to attain or maintain any Federal or State ambient air quality standard or to comply with the provisions of 310 CMR 7.00: Appendix A.
Electric Utility Steam Generating Unit means any steam electric generating unit that is constructed for the purpose of supplying more than ½ of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
Emissions Unit means any part of a stationary source...
