1. (1) General.

   1. (a) No person shall cause, suffer, allow, or permit the construction or substantial reconstruction or alteration of any incinerator for which:

      1. 1. the design for construction or substantial reconstruction or alteration thereof, and
      2. 2. the Standard Operating Procedure have not been approved by the Department in writing.
   2. (b) No person shall sell or distribute for sale any special incinerator or modular incinerator, for installation or use within the District, the design and Standard Operating Procedure for which have not been approved in writing by the Department or certification of said approval has not been given by the person selling or distributing the incinerator to the person to whom the sale or distribution is made.
   3. (c) No person shall cause, suffer, allow, or permit the burning of refuse or any other material in any incinerator in a manner that is not in conformance with a Standard Operating Procedure (for the incinerator) that has been approved by the Department in writing.
   4. (d) No person shall cause, suffer, allow, or permit the burning of refuse or any other material in any incinerator, other than a municipal incinerator, which is of a design that has not been approved by the Department in writing.
   5. (e) No person shall cause, suffer, allow, or permit the burning of refuse or any other material in an incinerator at a specific site location that, in the opinion of the Department, is likely to cause or contribute to a condition of air pollution and when the person responsible for the operation of the incinerator has been notified of said opinion.
   6. (f) 310 CMR 7.08(1)(c) and 7.08(1)(d) are subject to the enforcement provisions specified in 310 CMR 7.52, insofar as they pertain to domestic incinerators.
   7. (g) No person shall cause, suffer, allow, or permit emissions from any incinerator of any particles that have a dimension greater than 100 microns. (Be referred to 310 CMR 7.06(2).)
   8. (h) The approval, referred to in 310 CMR 7.08(1)(a) through (d), shall be obtained pursuant to 310 CMR 7.02(3) and 7.02(5).

2. (2) Municipal Waste Combustors.

   1. (a) Site Assignment. No person shall, allow, or permit the construction, substantial reconstruction, alteration or operation of a municipal waste combustor unit on a site which has not received a site assignment in accordance with M.G.L. c. 111, § 150A.
   2. (b) Purpose. The purpose of 310 CMR 7.08(2) is to provide emission limitations and compliance schedules for the control of certain designated pollutants from Municipal Waste Combustors in accordance with sections 111(d) and 129 of the Clean Air Act.
   3. (c) Definitions. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.08(2) unless otherwise defined in 310 CMR 7.08(2). The following words and phrases shall have the following meanings as they appear in 310 CMR 7.08(2).

CALENDAR QUARTER means any consecutive three-month period (nonoverlapping) beginning on January 1st, April 1st, July 1st or October 1st.

CALENDAR YEAR means any period starting January 1st and ending on December 31st.

CHIEF FACILITY OPERATOR means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily on-site supervision, technical direction, management, and overall performance of the facility.

CLEAN WOOD means untreated wood or untreated wood products including clean untreated lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include yard waste, or construction, renovation, and demolition wastes (including, but not limited to, railroad ties and telephone poles).

CONTINUOUS BURNING means the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during a startup period, when municipal solid waste is not being fed to the grate, is not considered to be continuous burning.

CONTINUOUS EMISSION MONITORING SYSTEM means a monitoring system for continuously measuring the emissions of a pollutant from a municipal waste combustor unit.

DIOXIN/FURAN means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.

dscm means dry standard cubic meter.

FIRST CALENDAR HALF means the period starting on January 1st and ending on June 30th in any year.

FOUR-HOUR BLOCK AVERAGE or 4-HOUR BLOCK AVERAGE means the average of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste, measured over a four-hour period of time from 12:00 A.M. to 4:00 A.M., 4:00 A.M. to 8:00 A.M., 8:00 A.M. to 12:00 P.M., 12:00 P.M. to 4:00 P.M., 4:00 P.M. to 8:00 P.M., or 8:00 P.M. to 12:00 A.M.

LARGE MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit with a capacity greater than 250 tons/day of municipal solid waste.

MASS BURN REFRACTORY MUNICIPAL WASTE COMBUSTOR means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.

MASS BURN WATERWALL MUNICIPAL WASTE COMBUSTOR means a field-erected combustor that combusts municipal solid waste in a waterwall furnace.

MATERIALS SEPARATION PLAN means a plan that identifies a program within a given service area, to separate mercury, other toxic components or toxic precursors from municipal solid waste prior to combustion in order to make the separated materials available for recycling and/or remove the toxic components or their toxic precursors for proper management. A materials separation plan shall include goals and timetables for attaining the goals. It may include, but is not limited to, such elements as: centralized drop-off facilities, buy-back or deposit-return incentives, curbside collection programs, financial incentives to municipalities in the service area for collection programs, technical assistance programs for municipalities, institutions and/or businesses within the service area, and personnel to support any such programs.

MAXIMUM DEMONSTRATED MUNICIPAL WASTE COMBUSTOR UNIT LOAD means the highest 4-hour arithmetic average municipal waste combustor unit load achieved during four consecutive hours during the most recent dioxin/furan stack test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under 310 CMR 7.08(2)(f)(2): Table 2.

MAXIMUM DEMONSTRATED PARTICULATE MATTER CONTROL DEVICE TEMPERATURE means the highest four-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during four consecutive hours during the most recent dioxin/furan stack test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under 310 CMR 7.08(2)(f)(2): Table 2.

MODIFICATION or MODIFIED MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit to which changes have been made if the cumulative cost of the changes, over the life of the unit, exceed 50% of the original cost of construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs; or any physical change in the municipal waste combustor unit or change in the method of operation of the municipal waste combustor unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under the Clean Air Act, § 129 or § 11. Whether there is an increase in the amount of any air pollutant emitted by the municipal waste combustor unit shall be determined at 100% physical load capability and downstream of all air pollution control devices, with no consideration given for load restrictions based on permits or other nonphysical operational restrictions.

MUNICIPAL SOLID WASTE or MUNICIPAL TYPE SOLID WASTE means household, commercial/retail, and/or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. Household, commercial/retail, and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition waste (which includes, but is not limited to, railroad ties and telephone poles); clean wood; industrial process or manufacturing waste; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff). Household, commercial/retail, and institutional waste includes:

1. (a) yard waste; and
2. (b) refuse-derived fuel.

MUNICIPAL WASTE COMBUSTOR or MUNICIPAL WASTE COMBUSTOR UNIT OR UNIT means any setting or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Municipal waste combustors units do not include pyrolysis/combustion units located at a plastics/rubber recycling unit as specified in 310 CMR 7.08(2). Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems. The boundaries of a municipal solid waste combustor are defined as follows. The municipal waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through:

1. (a) The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;
2. (b) The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfers the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and
3. (c) The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater. The municipal waste combustor unit does not include air pollution control equipment, the stack, water treatment equipment, or the turbine generator set.

MUNICIPAL WASTE COMBUSTOR ACID GASES means all acid gases emitted in the exhaust gases from municipal waste combustor units including, but not limited to, sulfur dioxide and hydrogen chloride gases.

MUNICIPAL WASTE COMBUSTOR METALS means metals and metal compounds emitted in the exhaust gases from municipal waste combustor units.

MUNICIPAL WASTE COMBUSTOR ORGANICS means organic compounds emitted in the exhaust gases from municipal waste combustor units and includes tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.

MUNICIPAL WASTE COMBUSTOR PLANT means one or more municipal waste combustor units at the same facility for which construction was commenced on or before September 20, 1994.

MUNICIPAL WASTE COMBUSTOR UNIT CAPACITY means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under 40 CFR 60.58b(j) as last amended May 10, 2006. 40 CFR 60.58b(j) includes procedures for determining municipal waste combustor unit capacity for continuous and batch feed municipal waste combustors.

MUNICIPAL WASTE COMBUSTOR UNIT LOAD means the steam load of the municipal waste combustor unit measured as specified in 40 CFR 60.58b(i)(6) as last amended May 10, 2006.

PARTICULATE MATTER means total particulate matter emitted from municipal waste combustor units measured as specified in 40 CFR, Part 60: Appendix A, Reference Method 5.

PLASTICS/RUBBER RECYCLING UNIT means an integrated processing unit where plastics, rubber, and/or rubber tires are the only feed materials (incidental contaminants may be included in the feed materials) and they are processed into a chemical plant feedstock or petroleum refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarter basis shall be more than 70% of the combined weight of the plastics, rubber, and rubber tires processed by the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubber tire feed materials to the plastics/rubber recycling unit may originate from the separation or diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste, and may include manufacturing scraps trimmings, and off-specification plastics, rubber, and rubber tire discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit may contain incidental contaminants (e.g., paper labels on plastic bottles, metal rings on plastic bottle caps, etc.)

POTENTIAL HYDROGEN CHLORIDE EMISSION CONCENTRATION means the hydrogen chloride emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases.

POTENTIAL MERCURY EMISSION CONCENTRATION means the mercury emission concentration that would occur from combustion of municipal solid waste in the absence of any mercury emissions control.

POTENTIAL SULFUR DIOXIDE EMISSIONS means the sulfur dioxide emission concentration that would occur from combustion of municipal solid waste in the absence of any emission controls for municipal waste combustor acid gases.

RECONSTRUCTION means rebuilding a municipal waste combustor unit for which the reconstruction commenced after June 19, 1996, and the cumulative costs of the construction over the life of the unit exceed 50% of the original cost of construction and installation of the unit (not including any cost of land purchased in connection with such construction or installation) updated to current costs (current dollars).

REFRACTORY UNIT OR REFRACTORY WALL FURNACE means a combustion unit having no energy recovery (e.g., via a waterwall) in the furnace (i.e., radiant heat transfer section) of the combustor.

REFUSE-DERIVED FUEL means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including, but not limited to, low-density fluff refuse-derived fuel, densified refuse-derived fuel and pelletized refuse-derived fuel.

REFUSE-DERIVED FUEL STOKER means a steam generating unit that combusts refuse- derived fuel in a semisuspension firing mode using air-fed distributors.

SECOND CALENDAR HALF means the period starting July 1st and ending on December 31st in any year.

SHIFT SUPERVISOR means the person who is in direct charge and control of the operation of a municipal waste combustor and who is responsible for onsite supervision, technical direction, management, and overall performance of the facility during an assigned shift.

SMALL MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit with a municipal waste combustor unit capacity greater than 39 tons per day but equal to or less than 250 tons per day of municipal solid waste.

STANDARD CONDITIONS means a temperature of 20oC and a pressure of 101.3 kilopascals.

TOTAL MASS DIOXIN/FURAN OR TOTAL MASS means the total mass of tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using 40 CFR, Part 60: Appendix A, Reference Method 23.

TWENTY FOUR-HOUR DAILY AVERAGE OR 24-HOUR DAILY AVERAGE means either the arithmetic mean or geometric mean (as specified) of all hourly emission concentrations when the affected unit is operating and combusting municipal solid waste measured over a 24-hour period between 12:00 A.M. and the 12:00 A.M.

UNTREATED LUMBER means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or "pressure-treated". Pressure treating compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and creosote.

WATERWALL FURNACE means a combustion unit having energy (heat) recovery in the furnace (i.e., radiant heat transfer section) of the combustor.

YARD WASTE means grass, grass clippings, bushes, and shrubs that are generated by residential, commercial/retail, institutional, and/or industrial sources as part of maintenance activities associated with yards or other private or public lands. Yard waste does not include construction, renovation, and demolition wastes. Yard waste does not include clean wood.

1. (d) Designated Pollutants and Operating Practices. 310 CMR 7.08(2) establishes requirements for the following municipal waste combustor operating practices, pollutants, opacity and fugitive ash:

   1. 1. Operating Practices (Carbon Monoxide (CO), Flue Gas Temp., Load Level)
   2. 2. Metals (Mercury (Hg), Lead (Pb), Cadmium (Cd))
   3. 3. Particulate Matter (PM)
   4. 4. Opacity
   5. 5. Organics (Dioxin/Furan)
   6. 6. Acid Gases (Sulfur Dioxide (SO2), Hydrogen Chloride (HCl))
   7. 7. Nitrogen Oxides (NOx)
   8. 8. Fugitive Ash Emissions

2. (e) Applicability.

   1. 1. Large Municipal Waste Combustor Units. 310 CMR 7.08(2) applies in its entirety to any person who owns, leases, operates or controls a large municipal waste combustor unit. Applicable requirements and limitations contained in 310 CMR 7.08(2) shall not supersede, relax or eliminate any more stringent conditions or requirements (e.g., emission limitation(s), testing, recordkeeping, reporting, or monitoring requirements) established by regulation or contained in a facility’s previously issued source specific plan approval(s) or emission control plan(s).
   2. 2. Other Approvals or Permits - A plan approval under 310 CMR 7.02(2) is not required in order to implement the requirements for 310 CMR 7.08(2) unless construction, substantial reconstruction or alterations are planned at the facility which are not required under the requirements at 310 CMR 7.08(2). If the facility has a final operating permit pursuant to 310 CMR 7:00: Appendix C, the operating permit will be modified upon approval of the emission control plan, in accordance with the procedures in 310 CMR 7.00: Appendix C(8). No additional application or fee is necessary to modify the operating permit at the same time the emission control plan is approved. If the facility does not have a final operating permit, the facility must amend its operating permit application to include the approved emission control plan.

3. (f) Applicable Requirements.

   1. 1. Operating Practices.

      1. a. No person subject to 310 CMR 7.08(2) shall:

         1. i. cause, suffer, allow or permit the discharge into the atmosphere from a municipal waste combustor unit any gases that contain carbon monoxide in excess of the emission limits specified in 310 CMR 7.08(2)(f)2.: Table 1;
         2. ii. cause, suffer, allow or permit a municipal waste combustor unit to operate at a load level greater than 110% of the maximum demonstrated municipal waste combustor unit load calculated in four-hour block arithmetic averages, measured during the most recent dioxin/furan compliance test in which compliance is achieved; and
         3. iii. cause, suffer, allow or permit a municipal waste combustor unit to operate at a temperature, measured at the particulate matter control device inlet, exceeding 17(cid:69)C (30(cid:69)F) above the maximum demonstrated particulate matter control device temperature, calculated in four-hour block arithmetic averages, measured during the most recent dioxin/furan compliance test in which compliance is achieved.
      2. b. During any nine-month dioxin/furan compliance test, quarterly mercury compliance test, or nine-month mercury compliance test, and the two weeks preceding each nine-month dioxin/furan compliance test, quarterly mercury compliance test, or nine-month mercury compliance test, municipal waste combustor unit load limit, average mass carbon feed rate limit and particulate matter control device temperature limitations are not applicable.
      3. c. The requirements of 310 CMR 7.08(2)(f)1.a.ii. and iii. may be waived, if prior approval is granted by the Department, for the purposes of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance provided that there is an improvement in controlling air pollution, or advancing the state-of-the-art technology for controlling facility emissions.
   2. 2. Metals, Organics and Acid Gases. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow or permit the discharge into the atmosphere from a municipal waste combustor unit any gases that contain metals, opacity, organics, particulate matter or acid gases in excess of the emission limits specified in 310 CMR 7.08(2)(f)2.: Table 2.

TABLE 1. MUNICIPAL WASTE COMBUSTOR OPERATING PRACTICES

Municipal Waste Combustor Carbon Monoxide Averaging Technology Emissions Level Timeb

(parts per million by volume)a

Mass Burn Waterwall 100 four-hour

Refuse-derived Fuel Stoker 200 24-hour

a Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7% oxygen, dry basis. Calculated as an arithmetic average. b Averaging times are four-hour block or 24-hour daily arithmetic averages.

TABLE 2. EMISSION LIMITS FOR MUNICIPAL WASTE COMBUSTOR UNITS

Emission Limits For Large MWC Unitsa

Particulate Matter (PM) 25 mg/dscm Opacity 10% (six-minute average)

METALS:

Cadmium (Cd) 0.035 mg/dscm Lead (Pb) 0.400 mg/dscm Mercury (Hg) 0.028 mg/dscm - average of compliance tests

conducted in any rolling 12-month period 0.050 mg/dscm - average of test runs in any quarterly or 9-month compliance test

ACID GASES:

Sulfur Dioxide (SO2) 29 ppmv or 75% reduction by weight or volume,

whichever is less stringent. Compliance is based on a 24-hour geometric mean.

Hydrogen Chloride (HCl) 29 ppmv or 95% reduction by weight or volume,

whichever is less stringent.

ORGANICS: (Total Mass)

Dioxin/Furan with 35 ng/dscm Electrostatic precipitator (ESP)

Dioxin/Furan with Fabric Filter (FF) 30 ng/dscm

a Corrected to 7% oxygen (dry basis).

1. 3. Nitrogen Oxides. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow or permit the discharge into the atmosphere from a municipal waste combustor unit any gases that contain nitrogen oxides in excess of the emission limits specified in 310 CMR 7.08(2)(f)3.: Table 3. Emission Reduction Credits (ERCs) generated under 310 CMR 7.00: Appendix B(3) may be used to comply with the requirements contained in Table 3.

TABLE 3. NITROGEN OXIDES EMISSION LIMITS FOR LARGE

MUNICIPAL WASTE COMBUSTOR UNITS

Municipal Waste NOx Emission Limit (Parts per million by volume)b Averaging Timeb Combustor Technology

Until one year after Beginning one year after issuance of ECP issuance of ECP approval approval under under 310 CMR 310 CMR 7.08(2)(j))1., 7.08(2)(j)1., but no later but no later than than March 10, 2020 March 9, 2020

Mass Burn Waterwall 205 150 24-hour

Refuse-derived Fuel Stoker 250 146 24-hour a Corrected to 7% oxygen, dry basis. b Averaging times are 24-hour daily arithmetic averages.

1. 4. Nitrogen Oxides Emission Averaging Plan. A person subject to 310 CMR 7.08(2) may elect to implement a nitrogen oxides emissions averaging plan for the units located at the same municipal waste combustor plant. Municipal waste combustor units subject to 40 CFR, Part 60, Subpart Ea or Eb shall not be included in the emissions averaging plan. The units included in the nitrogen oxides emissions averaging plan must be identified in the annual report specified in 310 CMR 7.08(2)(i), prior to implementing the averaging plan. The units at the plant included in the averaging plan may be redesignated each calendar year.

   1. a. To implement an emissions averaging plan, the average daily (24-hour) nitrogen oxides emission concentration level for gases discharged from units included in the emissions averaging plan shall not exceed the limits specified in Table 4.

TABLE 4. NITROGEN OXIDES EMISSION LIMITS FOR UNITS INCLUDED

IN AN EMISSIONS AVERAGING PLAN

Municipal Waste Combustor NOx Emission Limit Averaging Timeb Technology (Parts per million by volume)a

Mass Burn Waterwall 150 24-hour

Refuse-derived Fuel Stoker 146 24-hour

a Corrected to 7% oxygen, dry basis. b Averaging times are 24-hour daily arithmetic averages.

1. b. Under an emissions averaging plan, the average daily nitrogen oxides emission limits specified in Table 4 shall be calculated using equation (1). Units that are offline shall not be included in calculating the average daily nitrogen oxides emission level.

   h Ó (NOxi)(Si)

Nox24-hr = I=1

h Ó (Si) I=1 (1)

where:

= 24-hour daily average nitrogen oxides emission concentration level for the

Nox24-hr

emissions averaging plan (ppmv, corrected to 7% oxygen).

24-hour daily average nitrogen oxides emission concentration level for unit i

Noxi =

(ppmv, corrected to 7% oxygen).

= maximum demonstrated municipal waste combustor unit load for unit i

Si

(pounds per hour steam or feedwater flow as determined in the most recent dioxin/furan performance test).

h = total number of units included in the daily emissions average.

1. c. For any day in which any unit included in an emissions averaging plan is offline, the owner or operator of the municipal waste combustor plant must still demonstrate compliance with the applicable limits specified in Table 4 according to either 310 CMR 7.08(2)(f)4.d., or 310 CMR 7.08(2)(f)4.e., f. and g.
2. d. Compliance with the applicable limits specified in Table 4 shall be demonstrated using the averaging procedure specified in 310 CMR 7.08(2)(f)4.b.

3. 5. Ammonia. No later than the dates specified in the emission control plan approval issued by the Department under 310 CMR 7.08(2)(j), any person subject to 310 CMR 7.08(2) utilizing ammonia or urea for NOx control shall:

   1. a. conduct ammonia optimization testing;
   2. b. submit a report to the Department correlating NOx emissions and ammonia slip;
   3. c. propose an ammonia emissions limit that the Department will review and may modify before incorporating in the unit's approval, pursuant to the procedures in 310 CMR 7.08(2)(j)7.; and
   4. d. if using an ammonia continuous emission monitoring system to demonstrate compliance, obtain, at a minimum, valid hourly averages based on at least two data points per hour, for at least 90% of the operating hours per calendar quarter and 95% of the operating hours per calendar year that the affected facility is combusting municipal solid waste.
4. 6. Fugitive Ash. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow or permit the discharge into the atmosphere of any visible emissions of combustion ash from an ash conveying system (including transfer points) in excess of 5% of the observation period (nine minutes per three-hour period). This emission limit does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however the emission limit does apply to visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems. 310 CMR 7.08(2)(f)6. does not apply during maintenance and repair of ash conveying systems. Maintenance and repair of the ash conveying systems must be done in accordance with best management practices.

5. 7. Operator Training and Certification. Any person subject to 310 CMR 7.08(2) shall implement the following municipal waste combustor operator training and certification requirements.

   1. a. shall have each chief facility operator and shift supervisor obtain and maintain an Operator Certificate issued by the American Society of Mechanical Engineers (ASME).

   2. b. shall not allow the municipal waste combustor unit to be operated at any time unless one of the following persons is on duty: A chief facility operator or a shift supervisor who has obtained an Operator Certificate. (A Provisional Certificate is acceptable provided the shift supervisor is scheduled to obtain an Operator Certificate in accordance with 310 CMR 7.08(2)(f). A provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position at the municipal waste combustion unit may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Department for up to six months before taking the ASME QRO certification exam.) If one of the persons listed above must leave the municipal waste combustor plant during his or her operating shift, a provisionally certified control room operator who is onsite at the municipal waste combustor plant may fulfill these requirements. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, the owner or operator of the affected facility must meet the following criteria:

      1. i. When the certified chief facility operator and certified shift supervisor are both off site for 12 hours or less, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor.
      2. ii. When the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for two weeks or less, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Department. However, the owner or operator of the affected facility must record the period when the certified chief facility operator and certified shift supervisor are off-site and include that information in the annual report as specified under 310 CMR 7.08(2)(i)1.h.
      3. iii. When the certified chief facility operator and certified shift supervisor are off site for more than two weeks, and no other certified operator is on site, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor without approval by the Department. However, the owner or operator of the affected facility shall notify the Department in writing no later than three working days after the two week period. This initial notification shall state the cause of the absence and the actions that are being taken by the owner or operator of the facility to ensure that a certified chief facility operator or certified shift supervisor is on site as expeditiously as practicable.
      4. iv. When the certified chief facility operator and certified shift supervisor are off site for more than two weeks, and no other certified operator is on site, the owner or operator of the affected facility shall submit a status report and corrective action summary to the Department every four weeks, beginning four weeks following the initial notification, demonstrating that a good faith effort is being made to ensure that a certified chief facility operator or certified control room shift supervisor is on site. If the Department provides notice that the status report or corrective action summary is disapproved, the municipal waste combustion unit may continue operation for 90 days, but then must cease operation. If corrective actions are taken in the 90-day period such that the Department withdraws the disapproval, municipal waste combustion unit operation may continue.
   3. c. shall have all chief facility operators, shift supervisors, and control room operators who have not obtained an Operator Certificate from ASME complete the National Technical Information Service - “EPA Municipal Waste Combustor Operating Course.”

   4. d. shall establish a training program to review the operating manual with each person who has responsibilities affecting the operation of an affected municipal waste combustor unit including, but not limited to, chief facility operators, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane/load handlers. The operating manual shall address at a minimum the following:

      1. i. A summary of all the applicable requirements in 310 CMR 7.08(2);
      2. ii. Basic combustion theory applicable to a municipal waste combustor unit;
      3. iii. Procedures for receiving, handling, and feeding municipal solid waste;
      4. iv. Municipal waste combustor unit startup, shutdown, and malfunction procedures;
      5. v. Procedures for maintaining proper combustion air supply levels;
      6. vi. Procedures for operating the municipal waste combustor unit within the requirements established under 310 CMR 7.08(2);
      7. vii. Procedures for responding to periodic upset or off-specification conditions;
      8. viii. Procedures for minimizing particulate matter carryover;
      9. ix. Procedures for handling ash;
      10. x. Procedures for monitoring municipal waste combustor unit emissions; and
      11. xi. Reporting and recordkeeping procedures.
   5. e. shall make available to the Department for inspection upon request all the operating manual and records of training.
   6. f. shall be in compliance with all training and certification requirements specified in 310 CMR 7.08(2)(f)7. by six months after the date of start up or August 21, 1999. whichever is later.

6. 8. Materials Separation Plan.

   1. a. within six months from the date that a Material Separation Plan Guidance Document (“guidance document”) is provided by the Department, any person subject to 310 CMR 7.08(2) shall submit a materials separation plan for the removal of mercury-bearing products or other specific toxic components or toxic precursors as designated by the Department pursuant to 310 CMR 7.08(2)(f)8.e. The material separation plan shall be developed in accordance with the guidance document and shall detail the minimum requirements for compliance with the materials separation plan.
   2. b. Upon Department draft approval of the materials separation plan, the Department shall publish a notice of public comment in accordance with M.G.L. c. 30A detailing the proposed materials separation plan. The Department shall allow for a 30-day public comment period following the published notice. The Department will approve or deny the materials separation plan after the close of the public comment period. Following Department approval of the materials separation plan, the person subject to 310 CMR 7.08(2) must implement the materials separation plan.
   3. c. Prior to the implementation of the materials separation plan, the person subject to 310 CMR 7.08(2) shall determine the uncontrolled mercury concentration in the flue gas for four consecutive quarters. The Department may require subsequent testing.
   4. d. One year following the date of implementation of the materials separation plan and every year after, the person subject to 310 CMR 7.08(2) shall submit a progress report to the Department documenting the effective implementation of the materials separation plan. The Department may require modifications to the materials separation plan if necessary.
   5. e. The Department may require that material separation plans address other specific toxic components or toxic precursors, provided that the Department first conducts a formal rulemaking pursuant to M.G.L. c. 30A to require persons subject to 310 CMR 7.08(2) to add such other toxic component or precursor to the material separation plan.

7. (g) Compliance and Performance Testing. Any person subject to 310 CMR 7.08(2) shall comply with the provisions of 40 CFR 60.58b: Compliance and Performance Testing, as last amended May 10, 2006, the provisions of which are hereby incorporated by reference. Compliance with the applicable requirements as set forth in 310 CMR 7.08(2)(f) shall be determined in accordance with 40 CFR 60.58b, except as provided under 310 CMR 7.08(2)(g)1., 2., 3., 5. and 6. The initial performance test must be completed within 180 days after the final compliance date.

   1. 1. Dioxin/Furan. Following the date of the initial performance test for dioxin/furans, any person subject to 310 CMR 7.08(2) shall conduct compliance tests for dioxin/furan emissions according to one of the schedules specified in 310 CMR 7.08(2)(g)1.a. through e.:

      1. a. Following the date of the initial performance test, compliance testing for dioxin/furan emissions shall be conducted on all municipal waste combustor unit(s) on a nine-month basis; or
      2. b. For municipal waste combustor unit(s) where all compliance tests for all unit(s) over a 27 month period indicate that dioxin/furan emissions are less than or equal to seven nanograms per dry standard cubic meter total mass (ng/dscm), corrected to 7% oxygen, the person subject to 310 CMR 7.08(2) may elect to conduct compliance tests for one unit every nine months. At a minimum, a compliance test for dioxin/furan emissions shall be conducted every nine months following the previous compliance test for one unit at the municipal waste combustor plant. Every nine months a different unit at the municipal waste combustor plant shall be tested, and the units at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable). The person subject to 310 CMR 7.08(2) may continue to conduct compliance testing on only one unit per nine-month basis so long as the dioxin/furan emission limits remain less than or equal to 7 ng/dscm @ 7% 02. If any nine-month compliance test indicates dioxin/furan emissions greater than the specified limit, compliance tests shall thereafter be conducted on all units at the plant every nine months until and unless all nine-month compliance test for all units at the plant over a 27-month period indicate dioxin/furan emissions less than or equal to the 7 ng/dscm @ 7% O2.
      3. c. Any person subject to 310 CMR 7.08(2) who elects to follow the compliance testing schedule specified in 310 CMR 7.08(2)(g)l.b., shall follow the procedures specified in 310 CMR 7.08(2)(i)1. for reporting the selection of this schedule.
      4. d. Municipal waste combustor units where carbon injection (or equivalent) is used to comply with the dioxin/furan emission limits specified in 310 CMR 7.08(2)(f)2. or the dioxin/furan emission limit specified in 310 CMR 7.08(2)(g)l.b. shall follow the procedures specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for measuring and calculating the eight-hour block average carbon (or equivalent) usage rate.
      5. e. Any person subject to 310 CMR 7.08(2) electing continuous automated sampling of dioxin/furan emissions as an alternative to manual reference method sampling shall comply with the provisions of 40 CFR 60.58b(g)(10), 40 CFR 60.58b(p) and 40 CFR 60.58b(q), as last amended May 10, 2006.
   2. 2. Mercury. Following the date that the initial performance test for mercury is completed, compliance testing for mercury shall be conducted on all municipal waste combustor unit(s) on a quarterly basis. Compliance with the emissions limit specified in 310 CMR 7.08(2)(f)2. shall be based on the average of four quarterly compliance tests per rolling 12 months but shall not exceed 0.050 mg/dscm in any quarterly test. If compliance with the mercury emission limit has been achieved in each quarter for eight consecutive quarters, then the person subject to 310 CMR 7.08(2) may elect to perform compliance testing on a nine-month basis. Any municipal waste combustor unit(s) which cannot achieve compliance with the emission limitation in 310 CMR 7.08(2)(f)2. during the nine-month compliance test shall resume quarterly compliance testing as specified in 310 CMR 7.08(2)(g)2. Any person subject to 310 CMR 7.08(2) electing continuous monitoring of mercury emissions as an alternative to manual reference method sampling shall comply with the provisions of 40 CFR 60.58b(d)(4), 40 CFR 60.58b(n) and 40 CFR 60.58b(o) as last amended May 10, 2006. Any person subject to 310 CMR 7.08(2) electing continuous automated sampling of mercury emissions as an alternative to manual reference method sampling shall comply with the provisions of 40 CFR 60.58b(d)(4), 40 CFR 60.58b(p) and 40 CFR 60.58b(q) as last amended May 10, 2006.

   3. 3. Optimization Testing. Municipal waste combustor unit(s) which employ a carbon injection (or equivalent) mercury emission control system shall conduct optimization tests. These tests will determine the optimum feed rate for the mercury emissions control apparatus by determining the carbon (or equivalent) feed rate at which the emissions of mercury are equal to or less than the applicable limit at 310 CMR 7.08(2)(f)2. The optimization test shall be conducted as follows:

      1. a. The optimization tests shall be performed during the initial performance test, after a change in carbon (or equivalent), upon request by the Department, upon request by the person subject to 310 CMR 7.08(2) or annually if required under 310 CMR 7.08(2)(g)4.
      2. b. If there are identical municipal waste combustor units at the municipal waste combustor plant, then optimization tests may be performed on one unit, and the resulting parameters applied to the other unit(s) which are identical to that unit at that plant.
      3. c. Within 30 calendar days of the conclusion of any optimization test, any person subject to 310 CMR 7.08(2) shall submit to the Department for approval a proposed optimized carbon (or equivalent) feed rate which minimizes mercury emissions. An approvable feed rate is the feed rate such that a higher feed rate achieves insignificant additional reductions in mercury emissions compared to the amount of carbon (or equivalent) added. The carbon (or equivalent) feed rate approved by the Department shall be used to operate the carbon injection (or equivalent) mercury control system until the next optimization test is performed and the feed rate approved.
      4. d. Any person owning or operating a municipal waste combustor unit where carbon injection (or equivalent) is used to comply with the mercury emission limits specified in 310 CMR 7.08(2)(f)2. or 310 CMR 7.08(2)(g)2. shall follow the procedures specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for measuring and calculating the eight-hour block average carbon (or equivalent) usage rate.
   4. 4. (Reserved).

   5. 5. Continuous Emissions Monitoring Systems Data.

      1. a. (Reserved)
      2. b. Carbon monoxide CEMS in accordance with 40 CFR Part 60: Appendix B, Performance Specification 4 will satisfy the requirements in 310 CMR 7.08(2)(g).
   6. 6. Compliance Testing Schedule. Any person subject to 310 CMR 7.08(2) shall conduct compliance testing for all designated pollutants every nine months for each municipal waste combustor unit(s). Compliance testing for dioxin/furan and mercury shall be as specified in 310 CMR 7.08(2)(g)1. and 2.
   7. 7. Continuous Emissions Monitoring for Particulate Matter. In place of particulate matter testing with EPA Reference Method 5, any person subject to 310 CMR 7.08(2) may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring particulate matter emissions discharged to the atmosphere and record the output of the system. Any person subject to 310 CMR 7.08(2) who elects to continuously monitor particulate matter emissions in place of testing shall comply with the requirements specified in 40 CFR 60.58b(c)(10)(i) through (xiv) as last amended May 10, 2006. Any person subject to 310 CMR 7.08(2) who elects to continuously monitor particulate matter emissions in place of testing is not required to complete performance testing for particulate matter and is not required to continuously monitor opacity as specified in 40 CFR 60.58b(c)(9) and (c)(8) as last amended May 10, 2006.
   8. 8. Continuous Emissions Monitoring for Cadmium and Lead. In place of cadmium and lead testing with EPA Reference Method 29, any person subject to 310 CMR 7.08(2) may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring cadmium and lead emissions discharged to the atmosphere and record the output of the system according to the provisions of 40 CFR 60.58b(n) and (o) as last amended May 10, 2006.
   9. 9. Continuous Emissions Monitoring for Hydrogen Chloride. In place of hydrogen chloride testing with EPA Reference Method 26 or 26A, any person subject to 310 CMR 7.08(2) may elect to install, calibrate, maintain, and operate a continuous emission monitoring system for monitoring hydrogen chloride emissions discharged to the atmosphere and record the output of the system according to the provisions of 40 CFR 60.58b(n) and (o) as last amended May 10, 2006.

8. (h) Recordkeeping. Any person subject to 310 CMR 7.08(2) shall comply with the recordkeeping requirements of 40 CFR 60.59b(d) as last amended May 10, 2006, the provisions of which are hereby incorporated by reference, and maintain records including, but not limited to, the information specified in 310 CMR 7.08(2)(h), as applicable, for each municipal waste combustor unit. All records shall be retained at the facility for at least five years.

   1. 1. The calendar date of each record.

   2. 2. The emission concentrations and operating parameters measured using continuous monitoring systems. The measurements specified below shall be recorded and shall be available for submittal to the Department or for onsite review by an inspector:

      1. a. All six-minute average opacity levels as specified under 40 CFR 60.58b(c) as last amended May 10, 2006, including the highest level measured.
      2. b. All one hour average sulfur dioxide emission concentrations as specified under 40 CFR 60.58b(e) as last amended May 10, 2006.
      3. c. All one hour average nitrogen oxides emission concentrations as specified under 40 CFR 60.58b(h) as last amended May 10, 2006.
      4. d. All one hour average carbon monoxide emission concentrations, municipal waste combustor unit load measurements, and particulate matter control device inlet temperatures as specified under 40 CFR 60.58b(i) as last amended May 10, 2006.
      5. e. All 24-hour daily geometric average sulfur dioxide emission concentrations and all 24-hour daily geometric average percent reductions in sulfur dioxide emissions as applicable, as specified under 40 CFR 60.58b(e) as last amended May 10, 2006, including the highest sulfur dioxide emission concentration level recorded.
      6. f. All 24-hour daily arithmetic average nitrogen oxides emission concentrations, as specified under 40 CFR 60.58b(h) as last amended May 10, 2006, including the highest level recorded.
      7. g. All four-hour block or 24-hour daily arithmetic average carbon monoxide emission concentrations, as applicable, as specified under 40 CFR 60.58b(I) as last amended May 10, 2006, including the highest level recorded.
      8. h. All four-hour block arithmetic average municipal waste combustor unit load levels and particulate matter control device inlet temperature, as specified under 40 CFR 60.58b(i) as last amended May 10, 2006, including the highest level recorded.
      9. i. As applicable, all one hour average and 24-hour daily (block) average particulate matter emissions concentrations, as specified under 40 CFR 60.58b(c) as last amended May 10, 2006, including the highest level recorded.
      10. j. As applicable, all one hour average and 24-hour daily arithmetic average mercury, cadmium, lead or hydrogen chloride emissions concentrations, as specified under 40 CFR 60.58b(n), as last amended May 10, 2006, including the highest level recorded.
      11. k. As applicable, all integrated two-week dioxin/furan and integrated 24-hour mercury emissions concentrations, as specified under 40 CFR 60.58b(p), as last amended May 10, 2006, including the highest level recorded.
   3. 3. Identification of the calendar dates when any of the average emission concentrations or emission percent reductions, opacity levels, or operating parameters recorded under 310 CMR 7.08(2)(h)2. exceed the applicable limits, with detailed specific reasons for such exceedances and a description of corrective actions taken.

   4. 4. For municipal waste combustor unites) that apply carbon (or equivalent) for mercury or dioxin/furan control, the following records:

      1. a. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated as required under 40 CFR 60.58b(m)(1)(i) as last amended May 10, 2006, during the initial mercury performance test and all subsequent mercury compliance tests, with supporting calculations.
      2. b. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each hour of operation as required under 40 CFR 60.58b(m)(1)(ii) as last amended May 10, 2006, during the initial dioxin/furan performance test and all subsequent dioxin/furan compliance tests, with supporting calculations.
      3. c. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each hour of operation as required under 40 CFR 60.58b(m)(3)(ii) as last amended May 10, 2006, with supporting calculations.
      4. d. The total carbon (or equivalent) usage for each calendar quarter estimated as specified under 40 CFR 60.58b(m)(3) as last amended May 10, 2006, with supporting calculations.
      5. e. The carbon (or equivalent) injection system operating parameter data for the parameter(s) that are the primary indicator(s) of carbon (or equivalent) feed rate, calculated as specified in 40 CFR 60.58b(m)(2) as last amended May 10, 2006.

   5. 5. Identification of the calendar dates and time penods for which the minimum number of hours of any of the data specified below have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken:

      1. a. Sulfur dioxide emissions data.
      2. b. Nitrogen oxides emissions data.
      3. c. Carbon monoxide emissions data.
      4. d. Municipal waste combustor unit load data, including particulate matter control device inlet temperature data.
      5. e. For any person subject to 310 CMR 7.08(2) who elects to continuously monitor particulate matter, cadmium, lead, mercury or hydrogen chloride emissions instead of using EPA manual test methods, particulate matter, cadmium, lead, mercury or hydrogen chloride emissions data.
      6. f. For any person subject to 310 CMR 7.08(2) who elects to use continuous automated sampling systems for dioxins/furans or mercury instead of EPA manual test methods, dates and times when the sampling systems were not operating or were not collecting a valid sample.
   6. 6. Identification of each occurrence that sulfur dioxide, nitrogen oxides and, as applicable, particulate matter, cadmium, lead, mercury, hydrogen chloride or dioxin/furan emissions data, or operational data (e.g., carbon monoxide emissions, unit load, and particulate matter control device temperature) have been excluded from the calculation of average emission concentrations or parameters, along with detailed and specific reasons for excluding the data.
   7. 7. The results of daily drift tests and quarterly accuracy determinations for sulfur dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems, as required under 40 CFR, Part 60: Appendix F, Procedure 1. For any person who elects to continuously monitor or sample instead of using EPA manual test methods, the results of daily drift tests and quarterly accuracy determinations for particulate matter as required under 40 CFR 60: Appendix F, Procedure 2, the results of all quality evaluations, such as daily drift tests and periodic accuracy determinations for cadmium, lead, mercury or hydrogen chloride, specified in the approved site-specific performance evaluation test plan required by 40 CFR 60.58b(o)(5) as last amended May 10, 2006, and all continuous automated dioxin/furan or mercury sampling systems quality evaluations specified in the approved site-specific performance evaluation test plan required by 40 CFR 60.58b(q)(5) as last amended May 10, 2006.
   8. 8. Identification of each occurrence of a start-up, shut-down or malfunction, including the specific reasons for each occurrence, date, time, and unit involved. Average emissions concentrations or percent reductions, or operating parameters recorded under 310 CMR 7.08(2)(h)2., shall be recorded during start-up, shut-down or malfunction.
   9. 9. The results of the initial performance tests and all subsequent compliance tests conducted to determine compliance with the particulate matter, opacity, cadmium, lead, mercury, dioxin/furan, hydrogen chloride, and fugitive ash emission limits shall be recorded along with supporting calculations and submitted to the Department within 90 days after each such test.
   10. 10. For the initial dioxin/furan performance test and all subsequent dioxin/furan compliance tests recorded under 310 CMR 7.08(2)(h)9., the maximum demonstrated municipal waste combustor load and maximum particulate matter control device temperature (for each particulate matter control device) shall be recorded along with supporting calculations.

   11. 11. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who are certified by ASME (Operator Certification and Provisional Certification), including the dates of initial and renewal certifications and documentation of current certification. Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EPA municipal waste combustor operator training course if required. Records of when a certified operator is temporarily off site, pursuant to 310 CMR 7.08(2)(h)11.a. and b.

       1. a. If the certified chief facility operator and certified shift supervisor are off-site for more than 12 hours, but for two weeks or less, and no other certified operator is on- site, record the dates that the certified chief facility operator and certified shift supervisor were off-site.

       2. b. When all certified chief facility operators and certified shift supervisors are off- site for more than two weeks and no other certified operator is on-site, keep records of:

          1. i. Time of day that all certified persons are off-site.
          2. ii. The conditions that cause those people to be off-site.
          3. iii. The corrective actions taken by the owner or operator of the affected facility to ensure a certified chief facility operator or certified shift supervisor is on-site as soon as practicable.
          4. iv. Copies ofthe written reports submitted every four weeks that summarize the actions taken by the owner or operator of the affected facility to ensure that a certified chief facility operator or certified shift supervisor will be on-site as soon as practicable.
   12. 12. Records showing the names of the persons who have completed a review of the operating manual as required by 310 CMR 7.08(2)(f)7.d., including the date of the initial review and subsequent annual reviews.

   13. 13. For municipal waste combustor units that apply carbon (or equivalent) for mercury or dioxin/furan control:

       1. a. Identification of the calendar dates when the average carbon (or equivalent) mass feed rates recorded under 310 CMR 7.08(2)(h)4.c. were less than either of the hourly carbon feed rates estimated during compliance tests for mercury or dioxin/furan emissions and recorded under 310 CMR 7.08(2)(h)4.a. or b., with reasons for such feed rates and a description of corrective actions taken.
       2. b. Identification of the calendar dates when the carbon injection (or equivalent) system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (or equivalent) recorded under 310 CMR 7.08(2)(h)4.e., are below the level(s) estimated during the compliance tests as specified in 40 CFR 60.58b(m)(1)(i) and 60.58b(m)(1)(ii) as last amended May 10, 2006, with reasons for such occurrences and a description of corrective actions taken.

9. (i) Reporting Requirements. Any person subject to 310 CMR 7.08(2) shall submit an initial performance report as well as an annual report pursuant to 40 CFR 60.59b(g) as last amended May 10, 2006, the provisions of which are hereby incorporated by reference that includes, but is not limited to, the information specified in 310 CMR 7.08(2)(i)1., as applicable. Any person subject to 310 CMR 7.08(2) shall submit a semiannual report pursuant to 40 CFR 60.59b(h) as last amended May 10, 2006, the provisions of which are hereby incorporated by reference that includes, but is not limited to, the information specified in 310 CMR 7.08(2)(i)2. for any recorded pollutant or parameter that does not comply with the emission limits as set forth in 310 CMR 7.08(2). In meeting the reporting requirements of 310 CMR 7.08(2)(i)1. and 310 CMR 7.08(2)(i)2., any person subject to 310 CMR 7.08(2) shall report the information in a format determined by the Department that is designed to be understandable and informative to the public. The information shall be submitted in written format and electronic format.

   1. 1. Annual Reporting Requirements.a The information specified in 310 CMR 7.08(2)(i)l.a. through h. shall be reported:

      1. a. 310 CMR 7.08(2)(h)2.a., e. through k. for the highest emission levels recorded.
      2. b. 310 CMR 7.08(2)(h)4.a. and b.
      3. c. 310 CMR 7.08(2)(h)5. and 6., including 40 CFR 60.59b(g)(1)(iv) and (v), as last amended May 10, 2006.
      4. d. 310 CMR 7.08(2)(h)8. through 10.
      5. e. Summary of 310 CMR 7 .08(2)(i)l.a. through d. for the previous year.
      6. f. The performance evaluation of the continuous emission monitoring system using the applicable performance specifications in 40 CFR Part 60: Appendix B.
      7. g. A notification of intent to begin the reduced dioxin/furan compliance testing schedule specified in 310 CMR 7.08(2)(g)l.b. during the following calendar year.
      8. h. Documentation of periods when all certified chief facility operators and certified shift supervisors are off site for more than 12 hours.

   2. 2. Semi-annual Reporting Requirementsb. The information specified in 310 CMR 7.08(2)(i)2.a. through e. shall be reported:

      1. a. 310 CMR 7.08(2)(h)2.a., e. through k. for each date recorded in 310 CMR 7.08(2)(h)3.
      2. b. 310 CMR 7.08(2)(h)3.
      3. c. 310 CMR 7.08(2)(h)4.c.
      4. d. 310 CMR 7.08(2)(h)9.c
      5. e. 310 CMR 7.08(2)(h)13.

a Annual reports shall be submitted no later than February 15th of each year following the calendar year in which the data were collected. b Semiannual reports shall be submitted according to the schedule specified: (1) If data reported in accordance with section 310 CMR 7.08(2)(i)2. were collected during the first calendar half, then the report shall be submitted on or before August 1st following the first calendar half; (2) If data reported in section 310 CMR 7.08(2)(i)2. were collected during the second calendar half, then the report shall be submitted on or before February 15th following the second calendar half. c Include only the reports which document emission levels that were above the applicable requirements and the corrective actions taken.

1. 3. Reporting Requirements for Optional Continuous Monitoring and Continuous Automated Sampling. Any person subject to 310 CMR 7.08(2) electing continuous emissions monitoring for particulate matter, mercury, lead, cadmium or hydrogen chloride, or continuous automated sampling for dioxin/furan or mercury, in lieu of manual sampling, shall comply with the applicable notification requirements of 40 CFR 60.59b(m) and reporting requirements of 40 CFR 60.59b(n)(12) and 40 CFR 60.59b(o)(12), as last amended May 10, 2006.

2. (j) Emission Control Plan.

   1. 1. General Applicability. Any person subject to 310 CMR 7.08(2) shall submit an emission control plan (ECP) application to the Department on or before September 9, 2018 on a form provided by the Department to include new or amended applicable requirements in 310 CMR 7.08(2)(f). All ECP applications are subject to fee regulations and approval timelines contained in 310 CMR 4.00: Timely Action Schedule and Fee Provisions.
   2. 2. Emission Control Plan Requirements. The requirements of the ECP are contained in the ECP application but at a minimum, the ECP shall contain sufficient information (e.g., control efficiency, specifications, standard operating and maintenance procedures) for any control equipment used to comply with 310 CMR 7.08.
   3. 3. Compliance Demonstration. Any person subject to 310 CMR 7.08(2) must include in the ECP application an affirmative demonstration that any facility(ies) in Massachusetts owned and operated by such persons (or by an entity controlling, controlled, by or under common control with such person) that is subject to 310 CMR 7.00 and 310 CMR 19.00: Solid Waste Management is in compliance with, or on a Department approved compliance schedule to meet, all provisions of 310 CMR 7.00 and 310 CMR 19.00 and any plan approval, order, notice of noncompliance or permit issued thereunder;

   4. 4. Public Comment on Emission Control Plans.

      1. a. Upon receipt of an ECP application the Department will post a notice of public hearing. 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 public hearing will be held 30 days after the publication of the hearing notice. The Department shall allow for a 30-day public comment period following the published notice
      2. b. After the public hearing and the close of the public comment period, the Department will review all of the information submitted and shall issue either a disapproval of the application or issue a draft emission control plan approval.

      3. c. Upon issuance of the draft emission control plan approval, the Department shall:

         1. i. Provide a 30-day period for submittal of public comment;

         2. ii. 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:

            1. 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;
            2. b. The Department's proposed decision to approve or deny the ECP application;
            3. c. Information on how to access the administrative record for the Department's proposed decision to approve or deny the ECP application.
         3. iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)4.c.ii.a. to EPA.
      4. d. After the close of the public comment period, the Department will issue a final approval or disapproval of the emission control plan.
   5. 5. Additional Requirements. Additional requirements may be included in the approval if the Department determines that the emissions from a municipal waste combustor plant's unit(s) alone or cumulatively with other municipal waste combustor plant's unit(s) cause or contribute to a condition of air pollution or a violation of any other regulation. Such requirements include but are not limited to, emission limits on air contaminants, and additional stack testing or emission monitoring requirements.

   The Department may modify the ECP at any time if the Department determines that a municipal waste combustor plant's unit(s) alone or cumulatively with other municipal waste combustor plant's unit(s) cause or contribute to a condition of air pollution or a violation of any other regulation. Such modification must comply with the requirements in 310 CMR 7.08(2)(j)7. 6. Compliance Schedule. The ECP shall incorporate a compliance schedule that at a minimum contains the requirements in 310 CMR 7.08(2)(k). 7. Modification to the ECP.

   1. a. If the Department proposes to modify a municipal waste combustor plant's emission control plan, the Department shall:

      1. i. Provide a 30-day period for submittal of public comment;

      2. ii. 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:

         1. (i) Notice of availability of the Department's proposed decision to approve or deny the ECP modification and information on how to submit public comment;
         2. (ii) The Department's proposed decision to approve or deny the ECP modification; and
         3. (iii) Information on how to access the administrative record for the Department's proposed decision to approve or deny the ECP modification.
      3. iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)7.a.ii.a. to EPA.
   2. b. After the close of the public comment period, the Department will issue a final approval or disapproval of the modified ECP.

3. (k) Schedule. Municipal waste combustor unit(s) subject to 310 CMR 7.08(2) shall be in full compliance with the applicable requirements of 310 CMR 7.08(2) after March 9, 2018, except:

   1. 1. Nitrogen oxides emission limits are to be complied with by the dates specified in 310 CMR 7.08(2)(f)3.: Table 3, and in no case later than March 10, 2020.

   2. 2. If a municipal waste combustor unit(s) cannot comply with the NOx emission limit in 310 CMR 7 .08(2)(f)3.: Table 3, the person subject to 310 CMR 7.08(2) may apply in the emission control plan application due under 310 CMR 7.08(2)(j) for a source specific alternative NOx emission limit, not to exceed a 24-hour daily arithmetic average of 185 parts per million by volume, dry basis, corrected to 7% oxygen. Such emission control plan application must evaluate each of the following NOx controls, where it may be applied, and its technological and economic feasibility.

      1. a. low-NOx burners;
      2. b. close coupled and separated overfire air;
      3. c. flue gas recirculation;
      4. d. steam/water injection;
      5. e. dry low-NOx combustors;
      6. f. fuel emulsification;
      7. g. selective noncatalytic reduction (SNCR);
      8. h. selective catalytic reduction (SCR);
      9. i. nonselective catalytic reduction (NSCR);
      10. j. use of emission reduction credits (ERCs) certified by the Department pursuant to 310 CMR 7.00: Appendix B (3), or pursuant to the interstate trading provisions at 310 CMR 7.00: Appendix B(3)(f); and
      11. k. other innovative technologies available to reduce NOx.
4. (3) Commercial, Industrial, and Special Incinerators. No person shall cause, suffer, allow, or permit the construction or substantial reconstruction or alteration or thereafter the operation of a commercial, industrial, or special incinerator for which the site location has not been approved by the Department in writing.

5. (4) Hazardous Waste Incinerators.

   1. (a) No person shall construct, reconstruct, alter, or modify or operate, or cause, suffer, allow or permit the construction, reconstruction alteration, modification, or operation of, any hazardous waste incinerator unless such construction, reconstruction, alteration, modification, or operation is in compliance with:

      1. 1. 310 CMR 7.01, 7.08(4), and all other provisions of 310 CMR 7.00.
      2. 2. the terms of a Department approval granted pursuant to 310 CMR 7.00.
      3. 3. all applicable provisions of 310 CMR 30.000: Hazardous Waste and/or 314 CMR 8.00: Supplemental Requirements for Hazardous Waste Management Facilities.
      4. 4. the terms of a license or permit granted by the Department pursuant to 310 CMR 30.000: Hazardous Waste and/or 314 CMR 8.00: Supplemental Requirements for Hazardous Waste Management Facilities.
      5. 5. In addition, 310 CMR 7.08(2) is adopted pursuant to the authority granted by M.G.L. c. 111, § 150A.

   Noncompliance with any provision of 310 CMR 30.000, or of a license granted pursuant to 310 CMR 30.000, shall be deemed noncompliance with, and shall be subject to all applicable provisions, of M.G.L. c. 21C. Noncompliance with any provision of 314 CMR 8.00, or of a permit granted pursuant to 314 CMR 8.00, shall be deemed noncompliance with, and shall be subject to all applicable provisions of, M.G.L. c. 21, §§ 26 through 53. No approval granted by the Department shall affect the responsibility of the owner or operator to comply with all other applicable laws and regulations. (b) No person shall construct, reconstruct, alter, modify, or operate or cause, suffer, allow or permit the construction, reconstruction, alteration, modification, or operation of, any hazardous waste incinerator unless the plans, specifications, proposed Standard Operating Procedure, and the Proposed Maintenance Procedure for such hazardous waste incinerator have been submitted to the Department for approval, and the Department has granted such approval in writing. The Department may prescribe a form and/or other application methods which shall be used by each person applying for such approval from the Department. (c) Each application for approval to construct, reconstruct, alter, modify or operate a hazardous waste incinerator shall be in compliance with the requirements set forth in 310 CMR 30.001 through 30.099 (General Provisions, e.g., Definitions; Requirements for Accurate, Timely and Complete Monitoring, Recordkeeping and Submittals to the Department; Notification Procedures; and Transition Provisions) and 30.800 (Licensing Requirements and Procedures) and shall:

   1. 1. be signed by the owner or operator of the hazardous waste incinerator;
   2. 2. be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the hazardous waste incinerator, the nature and amount of emissions, and the manner in which the hazardous waste incinerator will be operated and controlled;
   3. 3. specify waste feed(s), including, for each, the anticipated heating value, viscosity, description of the physical form of the waste, and identification and quantification of hazardous waste constituents listed in 310 CMR 30.160 by the use of analytical techniques specified in "Test Methods for Evaluating Solid Waste", United States Environmental Protection Agency SW-846, 1980;

   4. 4. include a detailed description of the hazardous waste incinerator, including at least the following:

      1. a. the incinerator's model number and type, and the name of its manufacturer;
      2. b. the linear dimensions of the incinerator unit and the cross sectional area of the combustion chamber(s);
      3. c. the auxiliary fuel system (type/feed);
      4. d. the capacity of the prime mover;
      5. e. the automatic cutoff system(s);
      6. f. the stack gas monitoring and pollution control equipment;
      7. g. the design of the nozzle and burner;
      8. h. the construction materials; and
      9. i. each device for indicating and/or controlling temperature, pressure, and/or flow, including the location of each such device;

   5. 5. include the applicant's proposed standard operating procedure and proposed maintenance procedure, which shall include, but not be limited to, procedures for:

      1. a. incinerator startup and operation prior to, during, and immediately following emission testing, and
      2. b. long term incinerator operation, and
      3. c. sampling and analysis of waste feeds, including the frequency thereof. Such procedures shall include procedures for rapidly shutting down the waste feed

   and the incinerator, and controlling emissions, in the event of equipment malfunction. Such procedures shall, to the satisfaction of the Department, indicate that the incinerator will operate in compliance with the emission limitations set forth in 310 CMR 7.08(4);

   1. 6. include a proposed emission test protocol for demonstrating compliance with 310 CMR 7.00 in general and in particular with the emission limitations set forth in 310 CMR 7.08(4)(h). This protocol shall include at least the following: sampling and analysis procedures and equipment, sample locations, frequency and duration of sampling, anticipated test dates, duration of testing, quantity of waste to be burned, range(s) of temperature(s), waste feed rate, combustion gas velocity, auxiliary fuel use, and all other parameters which may affect the performance of the incinerator;
   2. 7. include whatever other information, plans, specifications, evidence, or documentation the Department may request; and
   3. 8. bear the seal and signature of a professional engineer, registered in the Commonwealth pursuant to M.G.L. c. 112, on all engineering plans, specifications, and other material submitted in or with the application.

   1. (d) The Department may approve the construction, reconstruction, alteration, modification or operation of a hazardous waste incinerator only if the Department is persuaded that:**

      1. 1. emissions from the incinerator would not result in air quality exceeding the Massachusetts or National Ambient Air Quality Standards;
      2. 2. emissions from the incinerator would not result in noncompliance with 310 CMR 7.01 or any other provision of 310 CMR 7.00.
      3. 3. a proposed incinerator to be constructed in a non-attainment area would not have a potential to emit equal to or greater than 100 tons per year of the contaminant upon which the non-attainment status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides, volatile organic compounds, or carbon monoxide), unless the incinerator is in compliance with the requirements of 310 CMR 7.00: Appendix A(1) through (6), Emission Offsets and Non-attainment Review;
      4. 4. a proposed modification of an incinerator in a non-attainment would not produce a significant increase in emissions of the contaminant upon which the non-attainment status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides, volatile organic compounds, or carbon monoxide), unless the incinerator is in compliance with the requirements of 310 CMR 7.00: Appendix A(1) through (6), Emissions Offsets and Non-attainment Review; and

      5. 5. a proposed incinerator subject to 310 CMR 7.00: Appendix A(1) through (6) (a major source or major modification) would not have total allowable emissions which, when added to allowable emissions from:

         1. a. existing facilities in the pertinent regions, and
         2. b. new or modified sources in the pertinent region, which sources are not major emitting facilities, would, by the time that the incinerator is to commence operation, exceed the total emissions from existing sources allowed under the applicable SIP (prior to the application for such permit to construct or modify) by such an amount as to be inconsistent with "reasonable further progress" as defined in the Massachusetts State Implementation Plan (SIP).

   2. (e) The Department may impose any reasonable condition upon an approval, including, but not limited to:

      1. 1. compliance with record-keeping requirements set forth in 310 CMR 30.542;
      2. 2. limitations on waste feed;
      3. 3. waste feed rates;
      4. 4. operating conditions during start-up, prior to, and during emissions testing;
      5. 5. long term operating conditions;

S))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))Q ** In addition to the requirements contained herein, major new sources of air contaminants and major modifications of existing sources located in attainment areas may be subject to Prevention of Significant Deterioration (PSD) regulations at 40 CFR 52.21. Effective July 1, 1982, the Department implemented the PSD program in accordance with the Department’s “Procedures for Implementing Federal Prevention of Significant Deterioration Regulations”. As of March 3, 2003, the federal PSD regulations are administered by the U.S. Environmental Protection Agency.

1. 6. requiring the hazardous waste incinerator to be provided with:

   1. a. sampling ports of such size, number, and location as the Department may require, and safe access to each port, and
   2. b. instrumentation to monitor and record emission data;
2. 7. quantitative analysis of the scrubber water, if any, the ash residues, and other residues, if any, for the purpose of estimating the fate of the trial POHCs; and
3. 8. any other sampling and/or testing equipment.

4. (f) The Department may revoke an approval if:

   1. 1. construction is not begun within four years from the date of issuance of the approval; or
   2. 2. during construction, work is suspended for two years; or
   3. 3. there is any other lawful cause.

5. (g) For each hazardous waste incinerator whose construction was not completed prior to October 15, 1983, all provisions of 310 CMR 7.08(4) shall take effect on October 15, 1983. For each hazardous waste incinerator whose construction was completed prior to October 15, 1983:

   1. 1. all provisions of 310 CMR 7.08(4)(a) through (g) shall take effect on October 15, 1983; and

   2. 2. within nine calendar months after the date on which a license application is required to be submitted to the Department pursuant to 310 CMR 30.099(6), either:

      1. a. comply with 310 CMR 7.08(4)(b), (c), and (h) through (l), or
      2. b. persuade the Department that more time is needed to comply with 310 CMR 7.08(4)(h) through (l), and submit to the Department a proposed plan and schedule for such compliance. Said plan and schedule are subject to review and approval by the Department and shall provide for compliance with 310 CMR 7.08(4)(b), (c) and
      3. (h) through (l) as expeditiously as practicable, and in any event no later than 24 months after the date on which a license application is required to be submitted to the Department pursuant to 310 CMR 30.099(6). Such proposed plan and schedule shall be submitted in compliance with all applicable requirements set forth in 310 CMR 7.08 and in 310 CMR 30.000 and/or 314 CMR 8.00.

6. (h) Except as provided in 310 CMR 7.08(4)(g), no person owning, leasing, or controlling the operation of any hazardous waste incinerator shall cause, suffer, allow, or permit emissions therefrom in excess of the following emission limitations:

   1. 1. for each waste feed, a hazardous waste incinerator shall achieve a destruction and removal efficiency (DRE) of 99.99% for each Principal Organic Hazardous Constituent (POHC) designated in the Department's approval. DRE shall be determined for each POHC from the following equation:

      DRE = (W in-W out) X 100%

      W in

Where:

W in = Mass feed rate of one POHC in the waste stream feeding the incinerator, and

W out = Mass emission rate of the same POHC present in exhaust emissions prior to

release to the atmosphere;

1. 2. For a hazardous waste incinerator with the potential to emit hydrogen chloride (HCl) at a rate equal to or greater than four pounds per hour, such HCl emissions shall be limited to no greater than the larger of either four pounds per hour or 1% of the HCl in the combustion gas prior to entering any air pollution control equipment;

2. 3. Particulate emissions form a hazardous waste incinerator shall not exceed 0.08 grains per dry standard cubic foot when corrected for the amount of oxygen in the stack gas according to the formula:

   Pc = PM X 14

   21-Y

Where:

Pc = the corrected concentration of particulate matter.

Pm = the measured concentration of particulate matter, and

Y = the measured concentration (percent by volume, dry) of oxygen in the stack gas.

1. 4. Emissions of products of incomplete combustion (PICs) shall be limited to the degree necessary to comply with 310 CMR 7.01.

1. (i) For the purposes of demonstrating compliance with the emission limitations contained in 310 CMR 7.08(4)(h), compliance with other requirements of 310 CMR 7.00, or compliance with the terms of any approval granted pursuant to 310 CMR 7.00, each person owning, leasing, or controlling the operation of a hazardous waste incinerator shall conduct or have conducted performance tests, including, without limitation, sampling and analysis of waste and exhaust emissions, in accordance with the requirements set forth in 310 CMR 7.00, including, without limitation, the following requirements:

   1. 1. For a newly constructed, substantially reconstructed, or altered incinerator, such performance tests shall be conducted as soon as possible as determined by the Department, but in no case latter than 720 hours of operation or 120 calendar days, whichever comes first, after the initial introduction into the incinerator of each waste feed specified in a Department approval.
   2. 2. For a hazardous waste incinerator for which the Department is of the opinion that performance tests are necessary, such performance tests shall be conducted within 90 days of written notification from the Department that such tests are required, or within such other deadline as the Department may specify in said written notification, and
   3. 3. shall include an analysis demonstrating that the emissions of products of incomplete combustion (PICs) are in compliance with 310 CMR 7.01. Such analysis of PICs shall include the identification and quantification of no less than the five PICs that occur in the highest concentration in the flue gas stream. The Department may require that additional analysis be performed including, but not limited to, specifying particular compounds to be identified and quantified.

2. (j) Performance tests in compliance with 310 CMR 7.08(4)(i) shall be conducted in accordance with methods as approved by the Department and in conformance with 310 CMR 7.13. The sampling and analysis of waste shall in all cases be done by a person knowledgeable therein, and shall be done in the presence of a representative of the Department whenever such is deemed necessary by the Department. The results of all such tests shall:

   1. 1. be recorded and the records placed in the operating log in compliance with 310 CMR 30.542, and
   2. 2. be submitted to the Department in accordance with 310 CMR 30.807 no later than 90 days after completion of the actual testing or within such other deadline as the Department may prescribe in writing.

3. (k) No person shall cause, suffer, allow, or permit the operation of any hazardous waste incinerator that is not equipped with instrumentation which is properly maintained in an accurate operating condition and operated continuously to indicate and record the:

   1. 1. carbon monoxide and oxygen levels in the stack exhaust gas,
   2. 2. waste feed and supplementary fuel rates,
   3. 3. combustion temperature, and
   4. 4. combustion gas velocity. The instrumentation and its installation shall be as approved by the Department in

accordance with 310 CMR 7.08(4).

1. (l) No person shall cause, suffer, allow, or permit the operation of any hazardous waste incinerator unless said operation is in conformance with the following:

   1. 1. During start-up and shutdown, hazardous waste shall not be fed into the incinerator unless the incinerator is operating within the conditions of operation as specified in the Department's approval; and

   2. 2. Fugitive emissions from the combustion zone shall be controlled by:

      1. a. keeping the combustion zone totally sealed against fugitive emissions; or
      2. b. maintaining a combustion zone pressure lower than atmospheric pressure; or
      3. c. an alternative means of fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure as approved by the Department; and
   3. 3. Each hazardous waste incinerator shall be equipped with a functioning system to automatically cease operation of the incinerator when change(s) in waste feed, incinerator design, or operating conditions exceed limits as designated in a Department approval. Each such systems, and each alarm associated therewith, shall be tested at least weekly to verify operability; and
   4. 4. At least once each day during which it is operated, each hazardous waste incinerator and associated equipment (e.g. pumps, valves, conveyors, and pipes) shall be subjected to thorough visual inspection for leaks, spills, fugitive emissions, and signs of tampering; and
   5. 5. All monitoring and inspection data shall be recorded and the records shall be placed in the operating log required by 310 CMR 30.542.

2. (m) No incinerator for the burning of polyhalogenated aromatic hydrocarbons shall be constructed, substantially reconstructed, altered, or operated except in compliance with the following requirements:

   1. 1. Polyhalogenated aromatic hydrocarbons may be burned only after the Department has expressly and in writing approved the burning of such material, and only to the extent and only while such approval is in effect. The application to the Department for such approval shall expressly state that approval is sought to burn polyhalogenated aromatic hydrocarbons.
   2. 2. The burning of polyhalogenated aromatic hydrocarbons shall achieve a destruction and removal efficiency, as determined pursuant to 310 CMR 7.08(4)(h)1., of 99.9999% for each POHC, based on burning materials more difficult to burn than tetra-, penta-, and hexachlo- rodibenzo-p-dioxin and dibenzofurans.