(1) Definitions: Terms used in 310 CMR 7.00: Appendix C are defined at 310 CMR 7.00: Definitions or in 310 CMR 7.00: Appendix C. Where a term is defined in both 310 CMR 7.00: Definitions and in 310 CMR 7.00: Appendix C, the definition in 310 CMR 7.00: Appendix C is applicable.
Affected Source means a source that includes one or more affected units.
Affected State means any state:
(a) Whose air quality may be affected and is contiguous to Massachusetts; or
(b) Which is located within 50 miles of a facility subject to the operating permit and compliance program in Massachusetts.
Affected Unit means a fossil fuel fired combustion device subject to the emission reduction requirements or limitations under Title IV (Acid Rain) of 42 U.S.C. 7401.
Allowance means an authorization by the Administrator of the United States Environmental Protection Agency (EPA) under the Acid Rain Program, to emit up to one ton of sulfur dioxide during or after a specified calendar year.
Applicable Requirement means all of the following as they apply to emissions units or control equipment in a facility subject to the requirements of 310 CMR 7.00: Appendix C. This includes requirements that have been promulgated or approved by EPA through rule making at the time of issuance but have future-effective compliance dates:
(a) Any standard or other requirement provided for in the applicable implementation plan, contained at 310 CMR 7.00 approved or promulgated by EPA through rulemaking under 42 U.S.C. 7401, Title I that implements the relevant requirements of 42 U.S.C. 7401, including any revisions to that plan promulgated in 40 CFR Part 52;
(b) Any term or condition of any approval issued by the Department pursuant to any regulation under 310 CMR 7.00 which has been approved or promulgated through rulemaking under 42 U.S.C. 7401, Title I, including parts C or D ( 310 CMR 7.00: Appendix A or 40 CFR 52.21 PSD approvals), of 42 U.S.C. 7401;
(c) Any standard or other requirement under 42 U.S.C. 7401, The Clean Air Act, § 111, including § 111(d) (New Source Performance Standards (NSPS));
(d) Any standard or other requirement under 42 U.S.C. 7401, The Clean Air Act, § 112, including any requirement concerning accident prevention under 42 U.S.C. 7401, The Clean Air Act, § 112(r)(7) (National Emission Standard for Hazardous Air Pollutants (NESHAPS));
(e) Any standard or other requirement of the acid rain program under Title IV of 42 U.S.C. 7401 or the regulations promulgated thereunder;
(f) Any requirement(s) established pursuant to 42 U.S.C. 7401, § 504(b) (monitoring and analysis) or § 114(a)(3) (enhanced monitoring 40 CFR Part 64 regulations);
(g) Any standard or other requirement governing solid waste incineration, under 42 U.S.C. 7401, The Clean Air Act, § 129;
(h) Any standard or other requirement for consumer and commercial products, under 42 U.S.C. 7401, The Clean Air Act § 183(e);
(i) Any standard or other requirement for tank vessels under 42 U.S.C. 7401, The Clean Air Act, § 183(^;
(j) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under 42 U.S.C. 7401, § 328;
(k) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under 42 U.S.C. 7401, Title VI, unless the EPA has determined that such requirements need not be contained in an operating permit;
(l) Any national ambient air quality standard or increment or visibility requirement under 42 U.S.C. 7401, Title I, part C but only as it would apply to temporary sources permitted pursuant to 42 U.S.C. 7401, § 504(e); and
(m) Any other standard or requirement contained in 310 CMR 7.00 that has not been approved or promulgated by EPA through rulemaking under 42 U.S.C. 7401, Title I. These applicable requirements would be listed as a "state only" enforceable provision of an operating permit.
Carbon Dioxide Equivalent, or CO2e, means the amount of GHG emitted by a facility, computed by multiplying the mass amount of emissions in tons per year for each of the six greenhouse gases in the pollutant GHG, by each gas's associated global warming potential set forth in 40 CFR part 98 subpart A Table A-1 - Global Warming Potentials, and summing the resultant value for each to compute tons per year CO2e.
Complete Application means an application, filed on form(s) specified by the Department, that is completed consistent with the criteria set forth in the instructions for the application form(s). To be deemed complete, an application must provide all information required pursuant to 310 CMR 7.00: Appendix C(5)b., except that applications for permit modifications or amendments need supply such information only if it is related to the proposed change. Information submitted must be sufficient to evaluate the subject source(s) and its application; and to determine all applicable requirements, and shall be submitted over the signature of a responsible official who certifies the submitted information is in accordance with 310 CMR 7.00: Appendix C(5)(b)9. and (5)(c). The source(s)' ability to operate without a permit, as set forth in 310 CMR 7.00: Appendix C(11) (application shield), shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Department.
Designated Representative shall have the meaning given to it in 42 U.S.C. 7401, § 402(26) and the regulations promulgated thereunder.
Draft Permit means the version of an operating permit which is released for an opportunity for comment by the public, EPA or an affected state in compliance with 310 CMR 7.00: Appendix C(6)(a) prior to the Department's final decision on an operating permit application.
Emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation would require immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, operator error or decision to keep operating despite knowledge of any of these things.
Emissions Unit(s) means any part or activity of a facility that emits or has the potential to emit any regulated air pollutant or any pollutant listed under 42 U.S.C. 7401, the Clean Air Act, § 112(b). This term is not meant to alter or affect the definition of the term "unit" for purposes of 42 U.S.C. 7401, Title IV (the acid rain provisions). Further clarification of the scope of "emission unit(s)" is provided by the Department by policy.
Emissions Allowable Under the Permit means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard), or a federally enforceable emissions cap.
Facility means any installation or establishment and associated equipment, located on the same, adjacent or contiguous property, capable of emissions and are under control of the same person.
Final Operating Permit means the version of an operating permit issued by the Department that has completed all review procedures required by 310 CMR 7.00: Appendix C including EPA review.
Fugitive Emissions are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
General Operating Permit means a standardized operating permit that the Department may make applicable to numerous similar operation(s) or facilities under 310 CMR 7.00: Appendix C(15).
GHG Mass Basis means the sum of the mass amount of emissions in tons per year of the six greenhouse gases in the pollutant GHG prior to multiplying by each gas's associated global warming potential set forth in 40 CFR part 98 subpart A Table A-1 - Global Warming Potentials.
Greenhouse Gas (GHG) means the air pollutant that is the aggregate of the group of six gases: Carbon dioxide (CO2), Methane (CH4), Nitrous oxide (N2O), Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), and Sulfur hexafluoride (SF6).
Hazardous Air Pollutant (HAP) means an air contaminant listed by EPA as a HAP, pursuant to 42 U.S.C. 7401, § 112. That list is incorporated by reference in 310 CMR 7.00: Appendix C, together with all amendments and supplements thereto. A copy of the list is available from the Department.
2. Any pollutant for which the...
