1. (1) Massachusetts NOx Ozone Season Program General Provisions.

   1. (a) Purpose and Scope. The purpose of 310 CMR 7.34 is to control mass emissions of nitrogen oxides (NOx) during the ozone season (May 1st through September 30th of each year). 310 CMR 7.34 establishes a statewide budget of 1,799 tons of NOx mass emissions from MassNOx Facilities for each ozone season.
   2. (b) Applicability. The units listed in 310 CMR 7.34(7)(b): Table A shall be MassNOx Units subject to the requirements of 310 CMR 7.34.
   3. (c) Permanently Retired Units. The owner or operator of a MassNOx Unit that is permanently retired after March 9, 2018 shall comply with the requirements of 310 CMR 7.34(4)(d) and (6)(c) and shall not be subject to the remaining requirements in 310 CMR 7.34.
   4. (d) Averaging Emissions. For the purposes of determining the total ozone season NOx mass emissions of a MassNOx Facility, the owner or operator of a MassNOx Facility shall not average the total NOx ozone season mass emissions of a MassNOx Unit with the ozone season NOx mass emissions of another facility.
2. (2) Definitions. The terms used in 310 CMR 7.34 are defined at 310 CMR 7.34(2). Where a term is defined in both 310 CMR 7.00 and 7.34, the definition in 310 CMR 7.34 shall apply.

Acid Rain Program means a multi-state SO2 and NOx air pollution control and emission reduction program established by the Administrator under title IV of the Act and 40 CFR Parts 72 through 78.

Alternate MassNOx Designated Representative means the person who has been authorized by the owner or operator of the facility in accordance with 310 CMR 7.34(5)(c) to act on behalf of the MassNOx Designated Representative in matters pertaining to NOx mass emissions monitoring and reporting for the MassNOx program. If the MassNOx Facility is also subject to the Acid Rain Program then this person shall be the same natural person as the Alternate Designated Representative under the Acid Rain Program. If the MassNOx Facility is not subject to the Acid Rain Program then this person shall be the same natural person as the SIPNOx Source Alternate Designated Representative.

CAIR NOx Ozone Season Allowances means a limited authorization that was issued by the Department to the owner or operator of a MassNOx Unit under provisions of the State Implementation Plan that was approved under 40 CFR 51.123(aa)(1) or (2) and (bb)(1), (bb)(2), (dd), (ee), or under Subpart EEEE of 40 CFR Part 97 or 97.388, to emit a specified amount of tons of NOx during the 2015 ozone season.

Combustion Turbine means:

1. (a) An enclosed device comprising of a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
2. (b) If the enclosed device is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.

Cross-State Air Pollution Rule (CSAPR) means the regulation promulgated at 40 CFR 97 Subpart EEEEE CSAPR NOx Ozone Season Group 2 Trading Program by the Administrator of the United States Environmental Protection Agency.

CSAPR NOx Ozone Season Group 2 Allowance means a limited authorization issued and allocated or auctioned by the Administrator under 40 CFR 97 Subpart EEEEE or § 97.526(c), or by a State or permitting authority under a SIP revision approved by the Administrator under 40 CFR 52.38(b)(6), (7), (8), or (9), to emit one ton of NOx during a control period of the specified calendar year for which the authorization is allocated or auctioned or any calendar year thereafter under the CSAPR NOx Ozone Season Group 2 Trading progam

MassNOx Designated Representative means the person who has been authorized by the owner or operator of the MassNOx Facility to represent and legally bind the owner or operator in matters pertaining to the MassNOx program. If the MassNOx Facility is also subject to the Acid Rain Program then this person shall be the same natural person as the Designated Representative under the Acid Rain Program. If the MassNOx Facility is not subject to the Acid Rain Program then this person shall be the same natural person as the SIPNOx Source Designated Representative.

MassNOx Facility means a facility that has one or more MassNOx Units on site.

MassNOx Facility Emissions Budget means a budget amount of ozone season NOx mass emissions assigned to a MassNOx Facility as determined by the Department.

MassNOx Unit means any unit listed in 310 CMR 7.34(7)(b): Table A.

Monitoring System means a monitoring system that meets the requirements of 310 CMR 7.34(3) including a continuous emissions monitoring system, an alternative monitoring system, or an accepted monitoring system under 40 CFR Part 75, or as otherwise approved by the Department or the Administrator.

Operator means any person who operates, controls, or supervises a MassNOx Unit or a MassNOx Facility including, but not be limited to, any holding company, utility system, or plant manager of such a MassNOx Unit or MassNOx Facility.

Owner means any of the following persons:

1. (a) Any holder of any portion of the legal or equitable title in a MassNOx Unit or a MassNOx Facility; or
2. (b) Any holder of a leasehold interest in a MassNOx Unit or a MassNOx Facility; or
3. (c) Any purchaser of power from a MassNOx Unit or a MassNOx Facility under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through a passive lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from a MassNOx Unit or a MassNOx Facility.

Ozone Season means the period beginning May 1st of a calendar year, and ending on September 30th of the same year.

Reference Method means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR 75.22.

SIPNOx Source means any MassNOx Unit that is subject to;

1. (a) The applicability requirements of 40 CFR 75.2 and is required, by the Administrator, to monitor and report NOx mass emissions under 40 CFR 75 in the Emissions Collection and Monitoring System (ECMPS); or
2. (b) The applicability requirements of 40 CFR 75.70 and is required, by the Department, to monitor and report NOx mass emissions under 40 CFR 75 Subpart H in the Emissions Collection and Monitoring System (ECMPS).

Ton means 2,000 pounds. For the purpose of determining compliance with the state-wide emissions budget, total tons of NOx mass emissions for an ozone season shall be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with 310 CMR 7.34(3)(c), but with any remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal zero tons.

1. (3) Monitoring Requirements.

   1. (a) Definitions and Terms. For purposes of complying with monitoring requirements, the definitions in 310 CMR 7.34(2), 40 CFR 75.2, and 40 CFR 75.70 shall apply, and the terms “affected unit”, “designated representative”, and “continuous emission monitoring system” (or “CEMS”) in 40 CFR Part 75 shall be deemed to refer to the terms “MassNOx Unit”, “MassNOx Facility”, “MassNOx Designated Representative” and “monitoring system”, respectively, as defined in 310 CMR 7.34(2).
   2. (b) Monitoring Requirements. The owner or operator of a MassNOx Unit, shall operate and maintain a monitoring system to measure NOx ozone season mass emissions and heat input in accordance with the provisions 40 CFR Part 75 Subpart H.
   3. (c) Mass Emissions Determination. The owner or operator of a MassNOx Unit shall maintain and operate all monitoring systems, including all systems required to monitor NOx mass emission rate, NOx concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, fuel flow rate, and heat input, as applicable, in accordance with 40 CFR 75.71 and 40 CFR 75.72.
   4. (d) Out of Control Periods. Whenever a monitoring system fails to meet the quality- assurance and quality-control requirements or data validation requirements of 40 CFR 75, data shall be substituted using applicable missing data procedures of 40 CFR Part 75 Subpart D, or H, or 40 CFR 75 Appendix D or E.
   5. (e) Prohibitions. The owner or operator of a MassNOx Unit shall not use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of 310 CMR 7.34(3) without prior written approval from the Department and the Administrator.

2. (4) Reporting Requirements.

   1. (a) General Requirements. The owner or operator, and to the extent applicable, the MassNOx Designated Representative, of a MassNOx Unit, shall comply the reporting requirements of 40 CFR 75 Subpart H and 310 CMR 7.34(4).
   2. (b) Quarterly Emissions Reporting. The MassNOx Designated Representative shall submit quarterly reports of NOx mass emissions data and heat input data from the MassNOx Facility to the Administrator on a quarterly basis or for the control period within 30 days following the end of the calendar quarter covered by the report in the manner specified in 40 CFR 75.73(f).

   3. (c) Compliance Certification Reporting. The MassNOx Designated Representative shall submit a compliance certification to the Administrator in a format prescribed by the Administrator. The compliance certification shall be submitted in support of each quarterly report based on a reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. In the compliance certification the MassNOx Designated Representative shall certify:

      1. 1. The monitoring data submitted was recorded in accordance with the applicable requirements of 310 CMR 7.34(3) and 40 CFR Part 75, including the quality assurance procedures and specifications;
      2. 2. For a MassNOx Unit with add-on NOx emission controls and for all hours where NOx data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under 40 CFR Part 75: Appendix B and the substitute data values do not systematically underestimate NOx emissions; and
      3. 3. For a unit that is reporting on a control period basis under 310 CMR 7.34(4)(b), the NOx mass emission rate and NOx concentration values substituted for missing data under Subpart D of 40 CFR Part 75 are calculated using only values from a control period and do not systematically underestimate NOx emissions.

   4. (d) Permanently Retired Unit Reporting. Within 30 days of the permanent retirement of the MassNOx Unit, the MassNOx Designated Representative shall submit a statement to the Department and a duplicate copy to the Administrator. In the statement the MassNOx Designated Representative shall certify:

      1. 1. That the MassNOx Unit was permanently retired;
      2. 2. The date on which the MassNOx Unit was permanently retired.
   5. (e) Certification of Reports. All reports submitted to the Department under the MassNOx program must be signed and attested to by the MassNOx Designated Representative or Alternate MassNOx Designated Representative and must include the following statement: “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 and imprisonment.”

3. (5) MassNOx Designated Representatives and Alternate MassNOx Designated Representatives.

   1. (a) Authorized MassNOx Designated Representative. Each MassNOx Facility shall authorize one MassNOx Designated Representative to act on behalf of the owner or operator with regard to all matters under the MassNOx, Program, the MassNOx Facility, or any individual MassNOx Unit.
   2. (b) Certificate of Representation. The owner or operator of a MassNOx Facility shall, in the format prescribed by the Administrator, submit to the Administrator a complete certificate of representation for a MassNOx Designated Representative and/or an Alternate MassNOx Designated Representative.
   3. (c) Alternate MassNOx Designated Representative. A certificate of representation under 310 CMR 7.34(5)(b) may designate one Alternate MassNOx Designated Representative who may act on behalf of the MassNOx Designated Representative. Upon receipt by the Administrator of a complete certificate of representation under 310 CMR 7.34(5)(b), any representation, action, inaction, or submission by the Alternate MassNOx Designated Representative shall be deemed to be a representation, action, inaction, or submission by the MassNOx Designated Representative.
   4. (d) Change of the MassNOx Designated Representative or Alternate MassNOx Designated Representative. The owner or operator may change the MassNOx Designated Representative or the Alternate MassNOx Designated Representative at any time by submitting a certificate of representation under 310 CMR 7.34(5)(b); such change shall be effective upon receipt by the Administrator.

4. (6) Recordkeeping Requirements.

   1. (a) General Requirements. An owner or operator of a MassNOx Facility shall comply with all of the recordkeeping requirements of 40 CFR 75 Subpart H and 310 CMR 7.34(4).
   2. (b) On-site Record Retention. An owner or operator of a MassNOx Facility shall keep on- site at the facility all records and reports required by 310 CMR 7.34(4) for a period of five years from the date the record or report is created. The Department may extend this period for cause, in writing, at any time before the end of the five years.
   3. (c) Permanently Retired Units Record Retention. An owner or operator of a permanently retired MassNOx Unit shall retain, at the MassNOx Facility, records demonstrating that the MassNOx Unit is permanently retired, for a period of five years from the date the record is created. The Department or the Administrator may extend this period for cause, in writing, at any time before the end of the five years.

5. (7) MassNOx Ozone Season Emissions Budgets.

   1. (a) Statewide Emissions Budget. Beginning May 1, 2017, and for each ozone season thereafter, the total statewide emissions budget for MassNOx Facilities shall be 1,799 tons per ozone season. The statewide budget shall remain 1,799 tons for each ozone season regardless of any MassNox Facility or MassNox Unit retirement.

   2. (b) MassNOx Facility Emissions Budgets. Beginning May 1, 2017, the emissions budget in 310 CMR 7.34(7)(b): Table A shall apply to each listed facility.

      310 CMR 7.34(7)(b): Table A

      MASSNOx FACILITY EMISSIONS BUDGET

   FACILITY NAME ORIS CODE UNIT(S)

   (Tons of NOx Per Ozone

   Season)

Braintree Electric 1660 3, 4, 5 23 Brayton Point Energy, LLC 1619 1, 2, 3, 4 989 Dartmouth Power Associates 52026 1, 2, 5 32 Essential Power Mass, LLC, Doreen St. 1631 1 0 Essential Power Mass, LLC, Woodland St. 1643 1 0 Essential Power West Springfield 1642 15, 17 9 Exelon Framingham 1586 FJ-1, FJ-2, FJ-3 0 Exelon New Boston 1589 NBJ1 0

J1T1, J1T2, J2T1, J2T2,

Exelon West Medway 1592 1

J3T1, J3T2

General Electric Aircraft Engines 10029 99-5, 99-3 10 Harvard University Blackstone Steam Plant 1594 B11, B12 8 Kendall Green Energy, LLC 1595 2, 3, S6 67 Kneeland St. Station 880023 1, 2, 3, 4 60 Masspower 10726 1, 2 93 MBTA South Boston Power 10176 A, B 1 Milford Power, LLC 54805 1 76 MWRA Deer Island 10823 S42, S43 0 Mystic Station 1588 4, 10 42 NEA Bellingham 10307 1, 2 138 NRG Canal Station 1599 1, 2 143 Peabody Municipal Light Plant – Waters River 1678 1, 2 3 Pittsfield Generating Company, LP 50002 1, 2, 3 29 Stony Brook Energy Center 6081 1, 2, 3, 4, 5 60 Taunton Municipal Light Plant – Cleary Flood 1682 8, 9 15

1. (c) Permanently Retired Units. The owner or operator of a permanently retired MassNOx Unit shall not operate the MassNOx Unit during the ozone season. The retirement of a MassNOx Unit shall not affect the MassNOx Facility Emissions Budget listed in 310 CMR 7.34(7)(b).
2. (d) Permanently Retired Facilities. The owner or operator of a permanently retired MassNOx Facility shall not operate the MassNOx Facility during the ozone season. The retirement of a MassNOx Facility shall not affect the statewide budget in 310 CMR 7.34(7)(a) and the MassNOx Facility's Emissions Budget listed in 310 CMR 7.34(7)(b) shall not be allocated to any other MassNOx Facility.

3. (8) Statewide Emissions Budget Exceedance and Required Actions.

   1. (a) If the Department determines that the state-wide emissions budget of 1,799 tons of NOx per ozone season is exceeded, the Department shall notify the owner or operator of each MassNOx Facility that emitted greater than the MassNOx Facility Emissions Budget listed in 310 CMR 7.34(7)(b): Table A, no later than 30 days after the close of the ozone season.
   2. (b) Within 60 days of being notified by the Department, each such MassNOx Facility shall transfer to the Department CSAPR NOx Ozone Season Group 2 Allowances, 2017 vintage or later, at a rate of one CSAPR NOx Ozone Season Group 2 Allowance for every one ton of excess emissions above the MassNOx Facility Emissions Budget.
   3. (c) The Department may request NOx emissions data or any additional related information from any MassNOx Facility during or after the applicable ozone season for verification purposes.