(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 NO, SO
and CO and establishing a cap on CO and Hg emissions from affected facilities.
CO 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 SO and 500 tons of NO 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 SO, NO or CO 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 (:g/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 H
O.
(d) A carbon dioxide monitoring
system, consisting of a CO concentration monitor (or an oxygen monitor plus
suitable mathematical equations from which the CO 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 O 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).
REPOWERING means:
(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 calculated.
Sorbent Trap Monitoring System means
the equipment required by 40 CFR Part 75 for the continuous monitoring of
mercury emissions, using paired sorbent traps containing iodinized charcoal
(IC) or other suitable reagent(s). This excepted monitoring system consists of
a probe, the paired sorbent traps, a heated umbilical line, moisture removal
components, an airtight sample pump, a dry gas meter, and an automated data
acquisition and handling system. The monitoring system samples the stack gas at
a rate proportional to the stack gas volumetric flow rate. The sampling is a
batch process. Using the sample volume measured by the dry gas meter and the
results of the analyses of the sorbent traps, the average mercury concentration
in the stack gas for the sampling period is determined, in units of micrograms
per dry standard cubic meter (:g/dscm). Mercury mass emissions for each hour in
the sampling period are calculated using the average mercury concentration for
that period, in conjunction with contemporaneous hourly measurements of the
stack gas flow rate, corrected for the stack gas moisture content.
Total Mercury means the sum of
particulate-bound and vapor-phase (elemental and oxidized) mercury in
combustion gases or emitted to the atmosphere.
(3)
Applicability. The provisions of 310 CMR 7.29 apply to
any person who owns, leases, operates or controls an affected
facility.
(4)
General
Provisions.
(a) Each affected
facility shall comply with the applicable emission standards established in 310
CMR 7.29(5).
(b) Any person subject
to 310 CMR 7.29 shall comply with all other applicable regulations, including,
but not limited to:
310 CMR
7.02,
310
CMR 7.19,
310 CMR
7.34,
310 CMR
7.70,
310 CMR
7.00: Appendix A, and
310 CMR
7.00: Appendix C. If provisions or
requirements from any other regulation or permit conflict with a provision of
310 CMR 7.29, the more stringent of the provisions will apply unless otherwise
determined by the Department in the affected facility's operating permit.
Regardless of the Department's determination in the operating permit, any
person subject to 310 CMR 7.29 shall comply with all applicable federal
requirements.
(c) In the case of
imminent threat to the reliability of New England's electricity system, the
Department may promulgate an emergency regulation, as per M.G.L. c. 30A,
§§ 2 and 3, to mitigate the emergency situation.
(5)
Emission
Requirements.
(a)
Emission Standards for Affected Facilities.
1.
Nitrogen Oxides Emission
Standards.
a. Effective on the
applicable date in 310 CMR 7.29(6)(c), emissions of nitrogen oxides shall not
exceed an emission rate of 1.5 lbs./MWh calculated over any consecutive 12
month period, recalculated monthly; and,
b. Effective on the applicable date in 310
CMR 7.29(6)(c), emissions of nitrogen oxides shall not exceed an emission rate
of 3.0 lbs./MWh calculated over any individual calendar month.
2.
Sulfur Dioxide
Emission Standards.
a. Effective
on the applicable date in 310 CMR 7.29(6)(c), emissions of sulfur dioxide shall
not exceed an emission rate of 6.0 lbs./MWh calculated over any consecutive 12
month period, recalculated monthly.
b. Effective on the applicable date in 310
CMR 7.29(6)(c),
i. Emissions of sulfur dioxide
shall not exceed an emission rate of 3.0 lbs./MWh calculated over any
consecutive 12 month period, recalculated monthly; and,
ii. Emissions of sulfur dioxide shall not
exceed an emission rate of 6.0 lbs./MWh calculated over any individual calendar
month.
3.
Mercury Emissions.
a. By December 1, 2002, the Department will
complete an evaluation of the technological and economic feasibility of
controlling and eliminating emissions of mercury from the combustion of solid
fossil fuel in Massachusetts in accordance with the Mercury Action Plan of the
Conference of New England Governors and Eastern Canadian Premiers.
b. Deleted.
c. The Emission Control Plan submitted to the
Department under 310 CMR 7.29(6) shall demonstrate, and any person who owns,
leases, operates or controls an affected facility shall ensure, that beginning
at the time of the affected facility's earliest applicable compliance date in
310 CMR 7.29(6)(c), or at the time of the facility's earliest applicable Phase
1 NOx and SO compliance date under an administrative order existing prior to
June 4, 2004, whichever is later, total annual mercury emissions from
combustion of solid fuels in units subject to 40 CFR Part 72 located at an
affected facility or from re-burn of ash in Massachusetts will not exceed the
average annual emissions calculated using the results of the stack tests
required in 310 CMR 7.29(5)(a)3.d.ii.. The average annual emissions calculated
using the results of the stack tests required in 310 CMR 7.29(5)(a)3.d.ii.
equal the average measured pounds of mercury emitted per million Btu consumed
multiplied by the heat input in million Btu averaged over 1997, 1998 and 1999.
A different three-calendar-year period within the five years prior to May 11,
2001 may be used if requested by the owner of an affected facility, and if the
Department determines that the different period is more representative of
historical actual heat input. Total annual mercury emissions equal the total
emissions from:
i. combustion of solid fossil
fuel in units subject to 40 CFR Part 72 located at an affected facility,
determined using emissions testing at least every other calendar quarter from
October 1, 2006 until a certified mercury monitoring system is used to
demonstrate compliance with the standards in 310 CMR 7.29(5)(a)3.e. or f., and
using a certified mercury monitoring system thereafter, and
ii. re-burn of ash, where such ash was
produced by the combustion of fossil fuel or ash at any affected facility. When
ash is re-burned at an affected facility, the associated mercury emissions
shall be attributed to the affected facility at which the ash is re-burned.
When ash produced by an affected facility is used in Massachusetts as a cement
kiln fuel, as an asphalt filler, or in other high temperature processes that
volatilize mercury,
(i) the mercury content
of the utilized ash shall be measured weekly using a method acceptable to the
Department,
(ii) all of the mercury
in the utilized ash shall be assumed to be emitted, unless it can be
demonstrated with data acceptable to the Department that a lesser amount of
mercury is emitted,
(iii) the
associated mercury emissions shall be attributed to the affected facility from
which the ash is shipped to the cement kiln, asphalt batching plant or other
high temperature processing location, and
(iv) a proposal shall be submitted for
Department approval at least 45 days prior to such use, or at least 45 days
prior to October 1, 2006, whichever is later, detailing the proposed
measurement methods to be used to comply with 7.29(5)(a)3.c.ii.(i) and
(ii).
d.
Fuel Sampling and Stack Testing.
i. Beginning on May 11, 2001 until August 1,
2002, any person who owns, leases, operates or controls an affected facility
which combusts solid fossil fuel in a Part 72 unit shall test each shipment of
coal at the time received. The test shall be conducted by a method approved by
the Department, and report the mercury and chlorine content of the coal. The
results of each interim fuel testing shall be reported to the Department with
the results of the next stack test as required in 310 CMR
7.29(5)(a)3.d.ii.
ii. Any person
who owns, leases, operates or controls an affected facility which combusts
solid fossil fuel shall perform stack tests for mercury. The stack tests shall:
- Be conducted using a DEP-approved test method detailed in a
test protocol submitted to the Department at least 45 days before commencement
of testing, and notify the Department of the specific date the test will be
conducted at least 30 days prior to conducting the test;
- Test the mercury concentrations and species before all add-on
air pollution control equipment (inlet) and after (outlet);
- Be conducted as follows: One test shall be performed before
August 1, 2001,
A second test shall be performed after December 1, 2001 but not
later than February 1, 2002,
A third test shall be performed after June 1, 2002 but not
later than August 1, 2002
- The results of each stack test shall be reported to the
Department within 30 days after conducting each stack test.
iii. Until a certified mercury monitoring
system is installed, stack tests for mercury shall consist at a minimum of
three runs at full load on each unit firing solid fossil fuel or ash according
to a testing protocol acceptable to the Department. Unless a mercury monitoring
system that measures particulatebound mercury, either combined with or separate
from the measurement of vapor-phase mercury, is installed at a unit for
purposes of determining compliance with the standards in 310 CMR
7.29(5)(a)3.c., e. and f., stack tests for mercury, and certification tests and
Relative Accuracy Test Audits for mercury monitoring systems, shall determine
total and particulate-bound mercury. Relative accuracy shall be calculated as
specified in 40 CFR Part 75. The results of each stack test shall be reported
to the Department within 45 days after conducting each stack test.
e. Effective on January 1, 2008,
or 15 months after the facility's earliest applicable Phase 1 NO and SO
compliance date under an administrative order existing prior to June 4, 2004,
whichever is later, any person who owns, leases, operates or controls an
affected facility which combusts solid fossil fuel or ash shall comply with at
least one of the following mercury emissions standards:
i. a facility average total mercury removal
efficiency of 85% or greater for those units combusting solid fossil fuel or
ash. The mercury removal efficiency based on a mercury monitoring system shall
be calculated based on the average historic mercury inlet emissions determined
under 310 CMR 7.29(5)(a)3.d.ii. using the methodology approved by the
Department in the monitoring plan required under 310 CMR 7.29(5)(a)3.g. and
shall be calculated on a rolling 12 month basis; or
ii. a facility average total mercury
emissions rate of 0.0075 lbs./GWh or less for those units combusting solid
fossil fuel or ash. The mercury emissions rate based on a mercury monitoring
system shall be calculated using the mercury mass emissions methodology
specified in 40 CFR Part 75 and approved by the Department in the monitoring
plan required under 310 CMR 7.29(5)(a)3.g. and shall be calculated on a rolling
12 month basis.
iii.
Notwithstanding 310 CMR 7.29(5)(a)3.e.i. and ii., any person who owns, leases,
operates or controls an affected unit which combusts solid fossil fuel or ash
and has an enforceable commitment with the Department to terminate operations
by January 1, 2010, may comply with 310 CMR 7.29(5)(a)3.e.i. or ii. through
January 1, 2010 by complying with an approved 310 CMR 7.29 emission control
plan modification achieving early or off-site reductions. To comply with the
foregoing, such person shall propose under 310 CMR 7.29(6)(h)1. to amend the
approved emission control plan. Such early or off-site reductions shall be in
an amount of at least the equivalent mass of mercury reductions required under
310 CMR 7.29(5)(a)3.e.i. or ii. Any early reductions shall be accrued on-site
at the stack prior to the compliance date effective under 310 CMR
7.29(5)(a)3.e. Any off-site mercury air emission reductions shall be accrued on
at least a one pound reduced for one pound credited basis from facilities
located in the same DEP Region as the affected unit. Any other off-site mercury
reductions shall be accrued on at least a ten pounds reduced for one pound
credited basis from facilities located in the same DEP Region as the affected
unit.
f. Effective on
October 1, 2012, any person who owns, leases, operates or controls an affected
facility which combusts solid fossil fuel or ash shall comply with at least one
of the following mercury emissions standards:
i. a facility average total mercury removal
efficiency of 95% or greater for those units combusting solid fossil fuel or
ash. The mercury removal efficiency shall be calculated based on a mercury
monitoring system as provided in 310 CMR 7.29(5)(a)3.e.i.; or
ii. an average total mercury emission rate of
0.0025 lbs./GWh or less for those units combusting solid fossil fuel or ash.
The mercury emission rate shall be calculated based on a mercury monitoring
system as provided in 310 CMR 7.29(5)(a)3.e.ii.
g.
Mercury Monitoring
Systems.
i. By January 1, 2008,
any person who owns, leases, operates or controls an affected facility which
combusts solid fossil fuel or ash shall install, certify, and operate a mercury
monitoring system in accordance with 40 CFR Part 75 and 40 CFR 60.4106(b)(1) to
measure mercury stack emissions from each solid fossil fuel- or ash-fired unit
at a facility subject to 310 CMR 7.29. Any person required to install a mercury
monitoring system shall submit a monitoring plan for Department approval and
shall propose to amend the approved emission control plan in accordance with
310 CMR 7.29(6)(n)1. to incorporate the mercury monitoring approach at least 45
days prior to the commencement of initial certification testing.
ii. Affected facilities must include in their
monitoring plan a proposed methodology to demonstrate compliance with the
emission standards in 310 CMR 7.29(5)(a)3.e. and f.
iii. If a mercury monitoring system capable
of measuring only vapor-phase mercury is installed at a unit for purposes of
determining compliance with the standards in 310 CMR 7.29(5)(a)3.c., e. and f.,
total mercury shall be determined by taking into account the average
particulate-bound mercury measured during the most recent stack test on that
unit in combination with the total vapor-phase mercury measured by the mercury
monitoring system until such time as a mercury monitoring system to measure
particulate-bound mercury is installed and operational at a unit.
iv.
(i)
Notwithstanding 310 CMR 7.29(5)(a)3.g.i., a unit with an enforceable commitment
to terminate operations by January 1, 2010 and that qualifies to use the
mercury low mass emissions excepted monitoring methodology under 40 CFR
75.81(b) may choose between quarterly stack testing and a mercury monitoring
system to document mercury emissions in the period from January 1, 2008 until
the time such unit terminates operation or January 1, 2009, whichever is
earlier.
(ii) Notwithstanding 310
CMR 7.29(5)(a)3.g.i., a unit with an enforceable commitment to terminate
operations by January 1, 2010 and that qualifies to use the mercury low mass
emissions excepted monitoring methodology under 40 CFR 75.81(b) may choose
between the low mass emissions excepted monitoring methodology with retests
conducted at least every calendar quarter and a mercury monitoring system to
document mercury emissions in the period from January 1, 2009 until the time
such unit terminates operation or January 1, 2010, whichever is earlier;
however, if such a unit must install a mercury monitoring system to meet a
federal requirement, then the mercury monitoring system shall document mercury
emissions instead of stack testing.
4.
Carbon Monoxide Emission
Standards. (Reserved.)
5.
Carbon Dioxide Emission
Standards.
a. By September 1,
2009, any person who owns, leases, operates or controls an affected facility
shall demonstrate that emissions of carbon dioxide from the affected facility
in calendar years 2006, 2007, and 2008, expressed in tons, from Part 72 units
located at the affected facility did not exceed historical actual emissions. If
the Department has received a technically complete plan approval application
under
310 CMR
7.02 for a new or repowered electric
generating unit subject to 40 CFR Part 72 at an affected facility prior to May
11, 2001, then the emissions from the new or repowered unit may be included in
the calculation of historical actual emissions. The calculation of historical
actual emissions which includes emissions from a new or repowered unit shall
not include emissions from any unit shutdown or removed from operation at the
affected facility that is included in the technically complete plan approval
application pursuant to
310 CMR
7.02. These emissions standards shall not
apply to the emissions of CO that occur after December 31, 2008.
b. By September 1, 2009, any person who owns,
leases, operates or controls an affected facility shall demonstrate to the
Department that the average emission rate of carbon dioxide from Part 72 units
located at the affected facility did not exceed an emission rate of 1800
lbs./MWh in calendar year 2008. The average emission rate is calculated by
dividing the total number of pounds of CO2 emitted by
the affected facility in the calendar year by the net electrical output for the
affected facility for the same calendar year. These emissions standards shall
not apply to the emissions of CO that occur after December 31, 2008.
c. Compliance with 310 CMR 7.29(5)(a)5.a. may
be demonstrated by using emission reductions, avoided emissions or sequestered
emissions verified under
310 CMR
7.00: Appendix B(7) to offset
emissions above the historical actual emissions, provided the Department
determines such emission reductions, avoided emissions or sequestered emissions
are real, additional, verifiable, permanent, and enforceable, as defined in
310 CMR
7.00: Appendix B(7) or by using the
GHG Expendable Trust under the conditions specified in
310 CMR
7.00: Appendix B(7)(d)5.
d. Compliance with 310 CMR 7.29(5)(a)5.b. may
be demonstrated by using emission reductions, avoided emissions or sequestered
emissions verified under
310 CMR
7.00: Appendix B(7) to offset excess
emissions, provided the Department determines such emission reductions, avoided
emissions or sequestered emissions are real, additional, verifiable, permanent,
and enforceable as defined in
310 CMR
7.00: Appendix B(7) or by using the
GHG Expendable Trust under the conditions specified in
310 CMR
7.00: Appendix B(7)(d)5. Excess
emissions are any emissions above the net electrical output of the facility
times 1800 lbs./MWh.
6.
Fine Particulate Matter Emissions Standards.
(Reserved.)
(b)
Compliance with the emission standards in 310 CMR 7.29(5)(a), may be
demonstrated by any combination of the following:
1. Dividing the total emissions of each
pollutant by the total net electrical output from all electric generating units
subject to 40 CFR Part 72 located at the affected facility as of May 11, 2001
or repowered at the affected facility after May 11, 2001. For demonstrating
compliance with the mercury emissions standards in 310 CMR 7.29(5)(a)3., the
person who owns, leases, operates or controls an affected facility shall
include in the calculation only units that fire solid fossil fuel or ash, or
that repowered a unit that fired solid fossil fuel or ash.
2. For the SO2
emission standards in 310 CMR 7.29(5)(a)2., using SO2
reductions at the affected facility below historical actual emissions which
were made after May 11, 2001, and prior to the earliest applicable date set in
310 CMR 7.29(6). The total amount of tons produced through early reductions
each year is calculated by multiplying the facility's net electrical output for
that year times (the historical actual emission rate minus that year's actual
emission rate in lbs./MWh) divided by 2000. The amount of early reductions,
with supporting information, shall be provided to the Department prior to use
for compliance with 310 CMR 7.29(5)(a)2.a.. Each ton of reduction may be used,
once, to offset one ton of excess emissions from the facility. Excess emissions
are any emissions above a level equal to the net electrical output of the
facility times the applicable emission standard in 310 CMR
7.29(5)(a)2.
3. For the emission
standards in 310 CMR 7.29(5)(a)2.b., using SO2allowances
created pursuant to 40 CFR Part 72 (the Federal Acid Rain Program). Three
allowances shall be used to offset each ton of excess emissions above the
emission standard. Such SO allowances shall be in addition to those allowances
used by the facility to comply with the requirements of 40 CFR part 72, and
shall be transferred to the Department and retired for the benefit of the
environment.
(6)
Emission Control Plans,
Compliance Paths and Compliance Dates.
(a)
Emission Control Plan
Deadline and General Provisions.
1. Any person who owns, leases, operates or
controls an affected facility shall submit an emission control plan for
Department approval under 310 CMR 7.29 on or before January 1, 2002 regardless
of the compliance path chosen.
2.
Any person who owns, leases, operates or controls an affected facility who is
required to submit an application for a plan approval under
310 CMR
7.02 shall submit an application for plan
approval pursuant to
310 CMR
7.02 on or before January 1, 2003. 3. Any
person who owns, leases, operates, or controls an affected facility which
installs mercury control equipment that is not already contained in an emission
control plan approval under 310 CMR 7.29 shall submit a mercury emissions
control plan amendment application under 310 CMR 7.29(6)(h) at least 90 days
before intended installation and may not install such equipment until receiving
approval of the revision.
4. Any
person who owns, leases, operates or controls an affected facility which
combusts solid fossil fuel shall by December 4, 2004, propose under 310 CMR
7.29(6)(h)1. to amend the approved emission control plan to incorporate the
mercury emission cap established in 310 CMR 7.29(5)(a)3.c. Notwithstanding 310
CMR 7.29(5)(a)3.c., any facility with average annual emissions of less than
five pounds, calculated using the results of the stack tests required in 310
CMR 7.29(5)(a)3.d.ii., may propose and be approved to use early or off-site
reductions to demonstrate compliance with 310 CMR 7.29(5)(a)3.c. through
September 30, 2012. Any early reductions shall be accrued on-site at the stack
prior to the compliance date effective under 310 CMR 7.29(5)(a)3.c. Any
off-site mercury air emission reductions shall be accrued on at least a one
pound reduced for one pound credited basis from facilities located in the same
DEP Region as the affected unit. Any other off-site mercury reductions shall be
accrued on at least a ten pounds reduced for one pound credited basis from
facilities located in the same DEP Region as the affected
unit.
(b)
Emission Control Plan Contents. The emission control
plan submitted pursuant to 310 CMR 7.29(6) shall include, but is not limited
to, the following:
1. The name of the company
and the affected facility.
2. A
list of units at the affected facility that will be used to demonstrate
compliance with 310 CMR 7.29(5), including which units will be included in
calculating historical actual emissions.
3. The name of the company contact
responsible for compliance with 310 CMR 7.29. 4. A statement that the affected
facility has a monitoring plan in place which meets the requirements of 40 CFR
Part 72. Any modifications to an affected facility's monitoring methodology
approved pursuant to the requirements of 40 CFR 72 are hereby incorporated into
the approved emission control plan under 310 CMR 7.29.
5. Signature of the company contact
responsible for compliance with 310 CMR 7.29.
6. Identification of the affected facility,
including plant name and the ORIS or facility code assigned to the facility by
the U.S. Energy Information Administration, if applicable.
7. A description of how the affected facility
will comply with the emission standards contained in 310 CMR 7.29(5), by the
applicable compliance dates contained in 310 CMR 7.29(6)(c) including, but not
limited to, the control equipment the affected facility intends to
use.
8. A proposed schedule with
interim milestones for each activity leading to compliance with the
requirements in 310 CMR 7.29(5). Such information shall include, but not be
limited to, sufficient information to allow DEP to consult with the Division of
Energy Resources and the Department of Telecommunications and Energy, to
address any concerns with potential impacts to the reliability of the New
England power system.
9. A
description of how emission reduction measures implemented to achieve
reductions in one pollutant will optimize reductions in other
pollutants.
10. A description of
the sampling and testing protocol(s) meeting the requirements of 310 CMR
7.29(5)(a)3.d.
11. Any other
information requested by the Department.
(c)
Compliance Paths and
Compliance Dates.
1. Any person
who owns, leases, operates or controls an affected facility who does not choose
to comply with the emissions standards in 310 CMR 7.29(5) by repowering a unit
subject to 40 CFR Part 72 at the affected facility, or is not required to
receive a plan approval pursuant to
310 CMR
7.02 for construction, substantial
reconstruction or alteration of a unit at the affected facility subject to 40
CFR Part 72 for the purpose of compliance with 310 CMR 7.29, shall begin to
comply with the emission standards in 310 CMR 7.29(5) by the following dates:
a. For the emission standards in 310 CMR
7.29(5)(a)1.a. and (5)(a)2.a., October 1, 2004; and
b. For the emission standards in 310 CMR
7.29(5)(a)1.b., and (5)(a)2.b., October 1, 2006.
2. Any person who owns, leases, operates or
controls an affected facility who chooses to comply with the emissions
standards in 310 CMR 7.29(5) by repowering at least one unit at the affected
facility subject to 40 CFR Part 72, or is required to receive a plan approval
pursuant to
310 CMR
7.02 for construction, substantial
reconstruction or alteration of a unit at the affected facility subject to 40
CFR Part 72 for the purpose of compliance with 310 CMR 7.29, and submits, on or
before January 1, 2003, an administratively complete application pursuant to
310 CMR
7.02, shall begin to comply with the emission
standards in 310 CMR 7.29(5) by the following dates:
a. For the emissions standards contained in
310 CMR 7.29(5)(a)1.a. and (5)(a)2.a., October 1, 2006; and
b. For the emissions standards contained in
310 CMR 7.29(5)(a)1.b. and (5)(a)2.b, October 1, 2008.
3. If an affected facility has units with
different applicable compliance dates for a particular standard, the later
compliance date applies to all units at the affected facility.
(d)
Interaction with
310 CMR
7.02
. A plan approval under
310 CMR
7.02(1) may be required for
construction, substantial reconstruction or alteration of a unit at an affected
facility to comply with 310 CMR 7.29. If such construction, substantial
reconstruction or alteration to the facility triggers any applicable section
under
310 CMR
7.02(4)(a) and
310 CMR
7.02(5)(a), a plan approval
under
310 CMR
7.02 is required. If a plan
approval is required under
310 CMR
7.02, then upon the Department's issuance of
the plan approval, the Department will modify the affected facility's emission
control plan pursuant to 310 CMR 7.29(6)(g).
(e)
Public Comment.
For each ECP application submitted pursuant to 310 CMR 7.29(6), the Department
shall:
1. Provide a 30-day period for
submittal of public comment;
2.
Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
a. Notice of availability of the
Department's proposed decision to approve or deny the ECP application and
information on how to submit public comment;
b. The Department's proposed decision to
approve or deny the ECP application; and
c. Information on how to access the
administrative record for the Department's proposed decision to approve or deny
the ECP application.
3.
Send a copy of the notice required under 310 CMR 7.29(6)(e)2.a. to
EPA.
(f)
Approval of the Emission Control Plan.
1. After the close of the public comment
period, and consideration of any public comments, the Department shall issue a
disapproval of the emission control plan, a final approval of the ECP, or a
final approval of the ECP with conditions, based on whether the ECP as
submitted meets the requirements of 310 CMR 7.29.
2. Upon final approval of an ECP, any person
who owns, leases operates or controls an affected facility shall implement and
comply with the approved ECP.
(g)
Modification to an Affected
Facility's Operating Permit. For any person who owns, leases,
operates or controls an affected facility's operating permit, will be modified
upon approval of the ECP in accordance with the procedures in
310 CMR
7.00: Appendix C(8). No additional
application fee is necessary to modify the operating permit at the same time
the ECP is approved.
(h)
Modifications to an Affected Facility's Emission Control
Plan.
1. Any person subject to
310 CMR 7.29 may propose amendments to the approved ECP. If the Department
proposes to approve such amendments, or approve such amendments with
conditions, then the Department shall:
a.
Provide a 30-day period for submittal of public comment;
b. Post on a public website identified by the
Department (which may be the Department's own website), for the duration of the
public comment period, the following:
i.
Notice of availability of the Department's proposed decision to approve or deny
the ECP application and information on how to submit public comment;
ii. The Department's proposed decision to
approve or deny the ECP application; and
iii. Information on how to access the
administrative record for the Department's proposed decision to approve or deny
the ECP application.
c.
Send a copy of the notice required under 310 CMR 7.29(6)(h)1.b.i. to EPA.
Modifications to an affected facility's monitoring system
approved pursuant to the requirements of 40 CFR Part 72 are not subject to such
public comment prior to approval.
2. For the purposes of evaluating system
performance, testing new technology or control technologies, diagnostic
testing, or other related activities that are anticipated to reduce air
pollution or advance the state-of-the-art technology for controlling facility
mercury emissions, the Department may issue an ECP approval in the form of a
limited amendment to the ECP for a limited period of time for the purpose of
achieving compliance with the requirements of 310 CMR 7.29(5)(a)3.e. and f. The
Department approval will detail the duration of the time period. The Department
shall post a notice of public comment on the draft approval in accordance with
the requirements of 310 CMR 7.29(6)(e)2. and 3. The Department shall provide a
ten day public comment period following publication of the notice, and may hold
a public hearing.
(7)
Reporting, Compliance
Certification, and Recordkeeping.
(a) By January 30 of the year following the
earliest applicable compliance date for the affected facility under 310 CMR
7.29(6)(c), and January 30 of each calendar year thereafter, the company
representative responsible for compliance at each affected facility shall
submit a report to the Department demonstrating compliance with the emission
standards contained in 310 CMR 7.29(5)(a) and in an approved emission control
plan. The report shall demonstrate compliance with any applicable monthly
emission rate for each month of the previous calendar year, and with any
applicable 12-month emission rate for each of the 12 previous consecutive
12-month periods. For the mercury standards at 310 CMR 7.29(5)(a)3.c., the
compliance reports due January 30, 2007 and 2008 shall include the quarterly
emissions for each quarter beginning October 1, 2006. For the mercury standards
at 310 CMR 7.29(5)(a)3.c., e., and f., the compliance report due January 30,
2009 and each report thereafter shall demonstrate compliance with any
applicable annual standard for the previous calendar year and with any
applicable 12-month standard for each of the 12 previous consecutive 12-month
periods.
(b) The compliance report
shall contain the following:
1. Actual
emissions for each pollutant, expressed in tons for SO2,
CO2, and NOx, for each of the
preceding 12 months and expressed in thousandths of ounces for mercury, for
each of the preceding four calendar quarters beginning October 1, 2006 and
preceding 12 months beginning January 1, 2008. Actual emissions shall be
provided for individual units and as a facility total for all units included in
the calculation demonstrating compliance. Actual emissions provided under 310
CMR 7.29 shall be reported in accordance with:
a. 40 CFR Part 75 for
SO2, CO2, and
NOx, and, no later than January 1, 2009, for
mercury;
b. for the standards at
310 CMR 7.29(5)(a)3.c.i. based on stack tests, by calculating the thousands of
ounces of mercury from:
i. the average
measured pounds of mercury emitted per million Btu consumed for the calendar
year multiplied by
ii. the heat
input determined under 40 CFR Part 75 for the calendar year. Affected
facilities may choose to subtract the heat input attributable to combustion of
fuels other than solid-fossil fuel and ash if such heat input is determined
using the procedures of 40 CFR Part 75 Appendix D.
c. for the standards at 310 CMR
7.29(5)(a)3.c.ii., by assuming all of the mercury in the utilized ash is
emitted, unless a lesser amount of mercury has been approved under 310 CMR
7.29(5)(a)3.c.ii.(iv).
d. Any
particulate-bound mercury accounted for under the provisions of 310 CMR
7.29(5)(a)3.g.ii. shall be calculated from:
i.
the most recent average measured pounds of particulate mercury emitted per
million Btu consumed multiplied by
ii. the heat input determined under 40 CFR
Part 75 for each calendar month. Affected facilities may choose to subtract the
heat input attributable to combustion of fuels other than solid-fossil fuel and
ash if such heat input is determined using the procedures of 40 CFR Part 75
Appendix D.
2.
Actual net electrical output for each of the preceding 12 months, expressed in
megawatt-hours. Actual net electrical output shall be provided for individual
units and as a facility total for all units included in the calculation
demonstrating compliance.
3. The
resulting output-based emission rates for each of the preceding 12 months, and
each of the 12 consecutive rolling month time periods, expressed in pounds per
megawatt-hour for SO2, CO2, and
NOx and pounds per gigawatt-hour for mercury.
Output-based emission rates shall be provided for individual units and as a
facility total for all units included in the calculation demonstrating
compliance.
4. A compliance
certification report, which shall contain the following elements:
a. A statement certifying that the monitoring
data reflects operations at the affected facility.
b. A statement that all
SO2, CO2, and
NOx emissions, and, beginning January 1, 2009, all
mercury emissions, from the affected facility were accounted for, either
through the applicable monitoring or through application of the appropriate
missing data procedures and reported in the quarterly reports. If provisionally
certified data were reported, the company representative responsible for
compliance with 310 CMR 7.29 shall indicate whether the status of all
provisionally certified data was resolved and all necessary quarterly reports
were submitted.
c. A statement
certifying that the MWhs of net electrical output used in compliance
calculations reflect the total actual electrical output of the facility used by
the New England Independent System Operator to determine settlement resources
of energy market participants.
d. A
statement notifying the Department of any changes in the method of operation at
the affected facility or the method of monitoring the units at the affected
facility during the previous year. If a change is reported, then specify the
nature of the change, the reason for the change, when the change occurred, and
how the facility's compliance status was determined subsequent to the change,
including what method was used to determine emissions when a change mandated
the need for monitor recertification.
e. A certification statement stating
(verbatim): "I am authorized to make this submission on behalf of the owners,
lessees, operators and controllers of the affected facilities for which the
submission is made. I certify that I have personally examined the foregoing and
am familiar with the information contained in this document and all
attachments, and that based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the information is
true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including possible fines or
imprisonment."
(c) The Department may verify compliance by
whatever means necessary, including but not limited to:
1. Inspection of a unit's operating
records;
2. Requiring the person
who owns, leases, operates or controls an affected facility to submit
information on actual electrical output of company generating units provided to
that person by the New England Independent System Operator;
3. Testing emission monitoring devices;
and,
4. Requiring the person who
owns, leases, operates or controls an affected facility to conduct emissions
testing under the supervision of the Department.
(d) Any person who owns, leases, operates or
controls an affected facility shall keep all measurements, data, reports and
other information required by 310 CMR 7.29 for five years, or any other period
consistent with the affected facility's operating permit.
(e) For units that apply carbon or other
sorbent injection for mercury control, the following records shall be kept
until such time as a mercury monitoring system is installed at that unit:
1. The average carbon or other sorbent mass
feed rate (in lbs/hr) estimated during the initial mercury optimization test
and all subsequent mercury emissions tests, with supporting
calculations.
2. The average carbon
or other sorbent mass feed rate (in lbs/hr) estimated for each hour of
operation, with supporting calculations.
3. The total carbon or other sorbent usage
for each calendar quarter, with supporting calculations.
4. The carbon or other sorbent injection
system operating parameter data for the parameter(s) that are the primary
indicator(s) of carbon or other sorbent feed rate.
5. Identification of the calendar dates when
the average carbon or other sorbent mass feed rate recorded under 310 CMR
7.29(7)(e)2. was less than the hourly carbon feed rate estimated during and
recorded under 310 CMR 7.29(7)(e)1., with reasons for such feed rates and a
description of corrective actions taken.
6. Identification of the calendar dates when
the carbon injection or other sorbent system operating parameter(s) that are
the primary indicator(s) of carbon or other sorbent mass feed rate recorded
under 310 CMR 7.29(7)(e)4. are below the level(s) estimated during the
optimization tests for mercury with reasons for such occurrences and a
description of corrective actions taken.
(f) For units that apply technology other
than carbon or other sorbent for mercury control, the operating parameter
records to be kept until such time as a mercury monitoring system is installed
at that unit shall be proposed to the Department in the emission control plan
application required under 310 CMR 7.29(6)(a)3.
(g) For mercury monitoring, recordkeeping and
reporting, any person who owns, leases, operates or controls an EGU (as defined
in
40 CFR
60.24(h)(8)) at an affected
facility shall comply with all mercury monitoring, recordkeeping and reporting
requirements in 40 CFR Part 75 and "Monitoring and Reporting" in 40 CFR Part 60
Subpart HHHH and any additional mercury monitoring, recordkeeping and reporting
requirements the Department deems necessary and specifies in the facility's ECP
or mercury monitoring plan approval. In implementing the provisions of 40 CFR
Part 75 and 40 CFR Part 60 Subpart HHHH concerning monitoring of mercury mass
emissions, the terms used therein shall have the meanings defined in 40 CFR
Part 72 and Part 60 respectively; provided, however, that the term
Permitting Authority shall mean the Department, the
term Hg Budget Trading Program shall mean
310 CMR
7.02 and 7.29, and the term Hg
Budget Unit shall mean an EGU (as defined in
40 CFR
60.24(h)(8)) .
(h) For selection of a Hg Designative
Representative, any person who owns, leases, operates or controls an EGU (as
defined in
40 CFR
60.24(h)(8)) at an affected
facility must select a Hg Designated Representative for each affected facility,
and may select an Alternate Hg Designated Representative, pursuant to the
requirements of "Hg Designated Representative For Hg Budget Sources" in 40 CFR
Part 60 Subpart HHHH. In implementing the provisions of 40 CFR Part 60 Subpart
HHHH, the terms used in that subpart shall have the meanings defined in 40 CFR
Part 60; provided, however, that the term Permitting
Authority shall mean the Department, the term Hg
Budget Trading Program shall mean
310 CMR
7.02 and 7.29, and the term Hg
Budget Unit shall mean an EGU (as defined in
40 CFR
60.24(h)(8)) .
(i) Any person subject to 310 CMR
7.29(5)(a)3. shall submit the results of all mercury emissions, monitor, and
optimization test reports, along with supporting calculations, to the
Department within 45 days after completion of such testing.