1. (1) Purpose, Scope and Authority. The purpose of 310 CMR 7.72 is to assist the Commonwealth in achieving the greenhouse gas emissions reduction goals adopted pursuant to M.G.L. c. 21N, § (3)(b) by reducing sulfur hexafluoride (SF6) emissions from gas-insulated switchgear through the imposition of declining annual aggregate emission limits and other measures on gas-insulated switchgear. 310 CMR 7.72 is promulgated pursuant to M.G.L. c. 21N, § 3(d) and is also promulgated pursuant to M.G.L. c. 21A, §§ 2, 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through 142E, to prevent and abate conditions of air pollution from greenhouse gas emissions.
2. (2) Definitions. The terms used in 310 CMR 7.72 are defined in 310 CMR 7.72(2) and 7.00: Definitions. Where a term is defined in 310 CMR 7.00: Definitions and 7.72, the definition in 310 CMR 7.72 shall apply.

Active GIS Equipment means non-hermetically sealed SF6 gas-insulated switchgear that is:

1. (a) Connected through busbars or cables to the GIS owner's electrical power system; or

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Natural Gas Facility. A collection of interconnected natural gas containing equipment (e.g., transmission and distribution pipelines, service lines, customer meters, compressors, tanks, metering stations, regulating stations, and any other interconnected equipment that contains natural gas) that is owned or operated by an entity.

Short Ton. 2000 pounds or 0.9072 metric tons.

Stationary Emission Source. Any individual stationary piece of equipment or other stationary point from which any greenhouse gas is emitted to the ambient air. For the purpose of reporting greenhouse gas emissions pursuant to 310 CMR 7.71, a source of greenhouse gas emissions located within the facility is a stationary emission source if 40 CFR Part 98 includes a method for calculating greenhouse gas emissions that can be used to quantify emissions from the source.

1. (3) Applicability.

   1. (a) Any entity owning, operating, or controlling a facility is subject to the requirements of 310 CMR 7.71(4) and (5) if:

      1. 1. said facility is required to report air emissions data to the Department pursuant to 310 CMR 7.00: Appendix C (The Air Operating Permit Program) and had stationary emission sources that emitted greenhouse gases during the previous calendar year;
      2. 2. said facility has one or more stationary emission sources that collectively emitted greenhouse gases in excess of 5,000 short tons of greenhouse gases in carbon dioxide equivalents during the previous calendar year. In determining whether a facility has one or more stationary emission sources that collectively emit greenhouse gases in excess of 5,000 short tons, all greenhouse gas emissions from all stationary emission sources at the facility shall be included; or
      3. 3. said facility was subject to the requirements of 310 CMR 7.71 (3)(a)1. or 2. in any past year.

   2. (b) Exemption for Facilities with Low or Reduced Emissions.

      1. 1. Notwithstanding 310 CMR 7.71(3)(a)3., any entity may petition the Department to be exempted from the requirement to report greenhouse gas emissions from a facility provided the following requirements are met. Said petition shall be submitted using a form provided by the Department.

         1. a. The entity is not required to report greenhouse gas emissions from the facility pursuant to 310 CMR 7.71(3)(a)1. or 2.;
         2. b. The entity is unlikely to be required to report greenhouse gas emissions from the facility pursuant to 310 CMR 7.71(3)(a)1. or 2. for any future year; and,
         3. c. At least one greenhouse gas emission report documenting greenhouse gas emissions from said facility of less than or equal to 5,000 short tons of greenhouse gases in carbon dioxide equivalents has been submitted pursuant to 310 CMR 7.71(4) and (5).
      2. 2. The Department may approve a petition submitted pursuant to 310 CMR 7.71 (3)(b) only if the Department determines that all of the requirements set forth in 310 CMR 7.71(3)(b)1. have been met. In determining whether to approve or deny a petition pursuant to 310 CMR 7.71(3)(b), the Department may consider any information contained in said petition, and any other relevant information.
      3. 3. If the Department has approved a petition in accordance with 310 CMR 7.71(3)(b)2., the annual reporting requirement in 310 CMR 7.71(3)(a)3. shall not apply to said facility until such time as the reporting of greenhouse gas emissions from said facility is again required pursuant to 310 CMR 7.71(3)(a)1. or 2.

2. (4) Annual Reporting by Facilities that Emit Greenhouse Gases.

   1. (a) Any entity owning, operating or controlling a facility that is required to report greenhouse gas emissions to the Department pursuant to 310 CMR 7.71, and is not subject to Source Registration at 310 CMR 7.12, shall annually report, certify, and verify greenhouse gas emissions from stationary emission sources for the previous calendar year in accordance with 310 CMR 7.71(4) and (5) by April 15, 2010, and April 15th of each year thereafter.

   2. (b) Any entity owning, operating or controlling a facility that is required to report greenhouse gas emissions to the Department pursuant to 310 CMR 7.71 and is subject to Source Registration at 310 CMR 7.12 shall annually report, certify and verify greenhouse gas emissions from stationary emission sources for the previous calendar year in accordance with 310 CMR 7.71(4) and (5) and the following schedule:

      1. 1. By April 1st, if the facility is required to submit Source Registration every three years in accordance with 310 CMR 7.12(2)(b).
      2. 2. By May 1st for a facility subject to 310 CMR 7.00: Appendix C.

      3. 3. By June 1st for a facility that:

         1. a. Has an RES permit issued by the Department pursuant to 310 CMR 7.02(9);
         2. b. Had actual emissions of lead equal to or greater than 0.5 tons in the previous calendar year, or actual emissions of NOx or VOC equal to or greater than 25 tons per year in the previous calendar year;
         3. c. Emits an air contaminant subject to a NESHAP or is subject to a MACT standard defined at 40 CFR Part 61 and Part 63, for which the Department has received delegation from EPA; and/or
         4. d. Is required, as a condition of a plan approval issued by the Department since January 1, 1990 to submit a Source Registration annually in accordance with 310 CMR 7.12.
   3. (c) Greenhouse gas emissions from stationary emission sources shall be reported in accordance with methods specified in 40 CFR Part 98.
   4. (d) Greenhouse gas emissions shall be reported electronically to the Department in a format specified by the Department.
   5. (e) If required by the Department, the reporting entity shall report emissions in metric tons. One metric ton equals 1.102 short tons.
   6. (f) Once a facility files a report pursuant to 310 CMR 7.71(4) on or after January 1, 2011, it is considered to be a registered reporter unless the Department approves a petition pursuant to 310 CMR 7.71(3)(b)2.

3. (5) Requirements for Certification and Recordkeeping.

   1. (a) Entities subject to the requirement to report greenhouse gas emissions in accordance with 310 CMR 7.71(4) shall certify and verify the truth, accuracy, and completeness of their greenhouse gas emissions reports using a format specified by the Department. The information shall include, but not be limited to, the following:

      1. 1. Any information deemed necessary by the Department to identify the reporting facility.
      2. 2. The following certification statement: "I certify that I have personally examined the greenhouse gas emissions report for this facility and am familiar with the information contained in that report 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. 3. The authorized signature and contact information of a responsible official of the entity subject to the requirement to report greenhouse gas emissions in accordance with 310 CMR 7.71(4).
   2. (b) Copies of documents and other information supplied to the Department to comply with 310 CMR 7.71(4) shall be retained at the facility for five years from the date of submittal.
   3. (c) All supporting documentation and calculations related to quantifying and reporting greenhouse gas emissions from the facility shall be retained at the facility for five years from the date of submittal and made available to the Department upon request.
4. (6) Voluntary Reporting by Facilities. Any entity owning, controlling or operating a facility that is not subject to 310 CMR 7.71(4)(a) may voluntarily report greenhouse gas emissions from that facility in accordance with 310 CMR 7.71(4), provided that the facility is located in Massachusetts and that the entity complies with all requirements of 310 CMR 7.71(4) through (6).
5. (1) Purpose, Scope and Authority. The purpose of 310 CMR 7.72 is to assist the Commonwealth in achieving the greenhouse gas emissions reduction goals adopted pursuant to M.G.L. c. 21N, § (3)(b) by reducing sulfur hexafluoride (SF6) emissions from gas-insulated switchgear through the imposition of declining annual aggregate emission limits and other measures on gas-insulated switchgear. 310 CMR 7.72 is promulgated pursuant to M.G.L. c. 21N, § 3(d) and is also promulgated pursuant to M.G.L. c. 21A, §§ 2, 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through 142E, to prevent and abate conditions of air pollution from greenhouse gas emissions.
6. (2) Definitions. The terms used in 310 CMR 7.72 are defined in 310 CMR 7.72(2) and 7.00: Definitions. Where a term is defined in 310 CMR 7.00: Definitions and 7.72, the definition in 310 CMR 7.72 shall apply.

Active GIS Equipment means non-hermetically sealed SF6 gas-insulated switchgear that is:

1. (a) Connected through busbars or cables to the GIS owner's electrical power system; or

(PAGES 250.102.76.3 THROUGH 250.102.76.10 ARE RESERVED FOR FUTURE USE.)

1. (b) Fully-charged, ready for service, located at the site in which it will be activated, and employs a mechanism to monitor SF6 emissions.

Active GIS Equipment does not include equipment in storage.

Electrical Power System means the combination of electrical generators (e.g., power plants), transmission and distribution lines, equipment, circuits, and transformers used to generate and transport electricity from the generators to consumption areas or to adjacent electrical power systems.

Federal Reporting GIS Owner means a GIS Owner who has ever been required or who is currently required to report SF6 emissions to US EPA pursuant to 40 CFR Part 98, Subpart DD (§ 98.300 through 308).

Gas-insulated Switchgear or GIS means all electrical power system equipment insulated with SF6 gas. Gas-insulated switchgear or GIS includes switches, stand-alone gas-insulated equipment, and any combination of electrical disconnects, fuses, electrical transmission lines, transformers and/or circuit breakers used to isolate gas-insulated electrical power system equipment.

GIS Owner means the person who owns, leases, operates, or controls gas-insulated switchgear used in Massachusetts. GIS owner excludes temporary possession by the following persons:

1. (a) the original equipment manufacturer during GIS equipment transport and installation at a customer's site; and
2. (b) a qualified person who hauls the GIS for reuse, recycle or destruction.

Hermetically Sealed Gas-insulated Switchgear means switchgear that is designed to be gas-tight and sealed for life. This type of switchgear is pre-charged with SF6, sealed at the factory, and cannot be refilled by its user.

1. (3) Applicability.

   1. (a) Any federal reporting GIS owner is subject to 310 CMR 7.72(1) through (9).
   2. (b) Any GIS owner that is not a federal reporting GIS owner is subject to 310 CMR 7.72(1) through (4), (8), and (9), and not subject to 310 CMR 7.72(5) through (7).

2. (4) General Requirements for All GIS Owners.

   1. (a) Any newly manufactured GIS that is placed under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2015 must be represented by the manufacturer to have a 1.0% maximum annual leak rate.
   2. (b) Any GIS owner that places GIS under ownership, lease, operation, or control on or after January 1, 2015 shall comply with any manufacturer-recommended maintenance procedures or industry best practices that have the effect of reducing leakagle of SF6.

   3. (c) If any particular piece of active GIS equipment placed under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2015 does not meet the 1.0% maximum annual leak rate, the GIS owner shall, by April 15th of the year following the calendar year during which the SF6 was added, provide documentation to the Department demonstrating compliance with 310 CMR 7.72(4)(a) and (b) and describing any additional actions taken or anticipated actions that are expected to reduce the emission rate in the future.

      1. 1. GIS owners shall use data recorded pursuant to 310 CMR 7.72(8)(b) to determine whether the 1.0% maximum annual leak rate is met.
      2. 2. For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners shall determine an annual average by dividing the amount of SF6 added to a piece of active GIS equipment by the number of years since the previous addition of SF6.
      3. 3. For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners may disregard the first time SF6 is added after the GIS becomes active GIS equipment.
      4. 4. GIS owners may apply the requirements of 310 CMR 7.72(4)(c) to any group of commonly owned, leased, operated, or controlled pieces of active GIS equipment located in Massachusetts, instead of a single piece of active GIS equipment.
   4. (d) Upon removal of any GIS containing SF6 from the ownership, lease, operation, or control of a GIS owner, the GIS owner shall provide for the secure storage, re-use, recycling, or destruction of the SF6.
   5. (e) GIS owners are responsible for compliance with 310 CMR 7.72(4) with respect to any GIS that is under their ownership, lease, operation, or control in Massachusetts. Documentation provided to GIS owners by qualified persons, such as manufacturers, suppliers, and maintenance contractors, is sufficient to demonstrate compliance with all provisions of 310 CMR 7.72(4).

3. (5) Limits to Annual SF6 Emissions.

   1. (a) Rate Limit. For each calendar year specified below, each federal reporting GIS owner shall ensure that the annual SF6 emission rate for all of its active GIS equipment, as calculated pursuant to 310 CMR 7.72(6)(b)8., shall not exceed the following:

      Maximum Annual SF6 Emission Rate

      Calendar Year Maximum Allowable SF6 Emission Rate

      2015 3.5%

      2016 3.0%

      2017 2.5%

      2018 2.0%

      2019 1.5%

2020, and each calendar year thereafter 1.0%

1. (b) Mass Limit.

   1. 1. For each calendar year specified below, each federal reporting GIS owner shall ensure that the annual SF6 emissions from all of its active GIS equipment, as calculated pursuant to 310 CMR 7.72(6)(b)6., shall not exceed the following:

      Maximum Annual SF6 Emissions - National Grid

      Calendar Year Maximum Allowable SF6 Emissions (lbs.)

      2018 2,644

      2019 2,082

      2020 1,457

      Maximum Annual SF6 Emissions - Eversource

      Calendar Year Maximum Allowable SF6 Emissions (lbs.)

      2018 3,115

      2019 2,800

      2020 2,460

   2. 2. The mass emissions limits listed in 310 CMR 7.72(5)(b) are designed such that aggregate annual SF6 emissions from all active GIS equipment owned or operated by all federal reporting GIS owners subject to 310 CMR 7.72(5), as calculated pursuant to 310 CMR 7.72(6)(b)6., shall not exceed the following:

      Maximum Annual SF6 Emissions - Aggregate

      Calendar Year Maximum Allowable SF6 Emissions (lbs.)

      2018 5,759

      2019 4,882

      2020 3,917

2. (6) Annual Reporting Requirements.

   1. (a) By April 15, 2016 and each year thereafter, each federal reporting GIS owner must submit an annual report to the Department for emissions that occurred during the previous calendar year.

   2. (b) The annual report shall be submitted electronically in a format specified by the Department, and must contain all of the following information:

      1. 1. The federal reporting GIS owner's name, physical address, and mailing address;
      2. 2. The location of records and documents;
      3. 3. The name and contact information including e-mail address and telephone number of the responsible official submitting the report, and the person primarily responsible for preparing the report;
      4. 4. The year for which the information is submitted;
      5. 5. The authorized signature of a responsible official of the federal reporting GIS owner, and the following certification statement: "I certify that I have personally examined the report for this facility and am familiar with the information contained in that report 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."
      6. 6. The number of pounds of SF6 emitted from GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Massachusetts during the year, as calculated using the equation specified in 40 CFR § 98.303 and procedures for estimating missing data specified in 40 CFR § 98.305, adjusted to account for any emergency events reported pursuant to 310 CMR 7.72(7);
      7. 7. The total nameplate capacity of SF6-containing active GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Massachusetts at the end of the year, as calculated in a manner consistent with the data reporting requirement specified in 40 CFR § 98.306(a)(1);
      8. 8. The annual SF6 emission rate for active GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Massachusetts, as calculated by dividing the number of pounds of SF6 emitted during the year by the nameplate capacity of SF6-containing active GIS equipment at the end of the year, as calculated pursuant to 310 CMR 7.72(6)(b)6. and 7.;
      9. 9. All other related information submitted to US EPA in accordance with 40 CFR § 98.306, except for any information that the Department obtains directly from US EPA; and
      10. 10. Any information required to comply with 310 CMR 7.72(7)(b).

3. (7) Emergency Event Exemption.

   1. (a) If a federal reporting GIS owner wishes to exempt a particular release of SF6 emissions from its annual calculation of the emissions limit (rate or mass), the federal reporting GIS owner must meet its burden of proof to demonstrate, and the Deparment must determine, that such release of SF6 was:

      1. 1. Caused by a sudden, unforeseeable emergency event, including, but not limited to: fire, flood, earthquake, or act of vandalism; and could not have been prevented by the exercise of prudence, diligence, and care; and was beyond the control of the federal reporting GIS owner; or
      2. 2. Necessary to avoid an immediate electrical system outage.

   2. (b) In order for the Department to determine that an emergency event exemption is warranted, a federal reporting GIS owner must submit the following information in its annual report:

      1. 1. A detailed, chronological, narrative description of the sudden, unforeseeable, emergency event or of the specific circumstances necessitating a release of SF6 in order to avoid an electrical system outage. Such description shall include, but is not limited to, the following:

         1. a. The nature of the event (e.g., fire, flood, earthquake);
         2. b. The date and time the event occurred;
         3. c. The location of the event;
         4. d. The equipment that was affected by the event;
         5. e. The function of the affected equipment within the facility's system;
         6. f. The amount of SF6 released (in pounds);
         7. g. The specifc event which resulted in the release of SF6; and
         8. h. The precautions taken to prevent the reported release of SF6.
      2. 2. Information and documentation (including, but not limited to, witness statements, photographs, analysis of damaged equipment, accident reconstruction, or other evidence) that can demonstrate by a preponderance of evidence the requirements for exemption set forth in 310 CMR 7.72(7)(a); and
      3. 3. Any other information specified in the Department's annual reporting form.
   3. (c) If the Department determines that the federal reporting GIS owner has failed to demonstrate that the event meets the criteria provided at 310 CMR 7.72(7)(a), the Department will notify the federal reporting GIS owner, and the federal reporting GIS owner shall amend the relevant annual emission report to include SF6 emissions resulting from the event.

4. (8) Monitoring, Q/A, and Recordkeeping Requirements.

   1. (a) All federal reporting GIS owners shall comply with all requirements of 40 CFR § 98.304 and 307 with respect to equipment and containers used in Massachusetts.
   2. (b) All GIS owners shall record, no less than annually, the amount of SF6 added, if any, to each piece of active GIS equipment that was placed under their ownership, lease, operation, or control on or after January 1, 2015.
   3. (c) All GIS owners shall retain for five years documentation sufficient to demonstrate compliance with 310 CMR 7.72 and shall provide such documentation to the Department on request. The documentation shall be submitted in a format and within the time limit requested by the Department.

5. (9) Compliance Verification and Enforcement.

   1. (a) If a federal reporting GIS owner exceeds the applicable Maximum Annual SF6 Emissions limits set forth in 310 CMR 7.72(5)(b)1.: Table, any such excess emissions shall be deemed a release into the environment without the authorization or approval of the Department and shall be presumed to constitute a significant impact to public health, welfare, safety, and the environment. A federal reporting GIS owner shall be deemed to be in non-compliance only if such owner exceeds the applicable individual limit provided in 310 CMR 7.72(5)(b)1.
   2. (b) The Department shall enforce the requirements of 310 CMR 7.72 in accordance with applicable federal and Massachusetts law, including but not limited to M.G.L. c. 21A, § 16, and 310 CMR 5.00: Administrative Penalty; M.G.L. c. 111, § 2C; M.G.L. c. 111, §§ 142A through 142M; and M.G.L. c. 21N, § 7(d).

   3. (c) Compliance Verification. The Department may verify compliance with 310 CMR 7.72 by conducting inspections, requesting information and records and requiring the collection of information not previously required; provided that this section does not limit the authority of the Department as otherwise provided by law or in an authorization, determination, modification, permit, or other approval, or by the terms of any order or other enforcement document.

      1. 1. Access to Information. Where necessary to ascertain compliance with 310 CMR 7.72, including actual or potential SF6 emissions, the Department may request of a GIS Owner information or records. The GIS Owner shall, within ten business days of the request, furnish the requested information or records and shall permit Department personnel or authorized representatives to have access to and to take images of such records.

      2. 2. Requirement to Collect Information. When the Department has reason to believe that a GIS Owner has exceeded its SF6 emissions limit or violated any other condition in 310 CMR 7.72, the Department may require a GIS Owner to submit the necessary information or records to determine compliance. In doing so, the Department may require a GIS Owner to:

         1. a. Perform audits on SF6 emissions records using standard procedures and methods;
         2. b. Quantify SF6 emissions in accordance with the procedures, and methods as the Department may prescribe;
         3. c. Make periodic reports to the Department, as necessary, to assure continuous compliance with 310 CMR 7.72; and
         4. d. Maintain other records and provide any other information as the Department might reasonably require.