Massachusetts New Source Review regulations & environmental compliance analysis

Massachusetts New Source Review : What you need to know

Governing Law and Regulations

Construction permits and plan approvals: 310 Code of Massachusetts Regulations (CMR) 7.02

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Nonattainment new source review (NSR): 40 CFR 52.1167 and 310 CMR 7.00, Appendix A

Nonattainment areas: 40 CFR 81.322

Applicability: 310 CMR 7.00, Appendix A

Prevention of significant deterioration (PSD): 40 CFR 52.21 and 40 CFR 52.1165

Emissions reduction credits (ERCs): 310 CMR 7.00, Appendix B

Regulatory Agency

Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Prevention Planning and Evaluation Division Air Program Planning Unit

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Massachusetts requires that facility plans be approved by the Massachusetts Department of Environmental Protection (DEP) before any construction, reconstruction, or alteration begins. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment new source review (NSR) and/or prevention of significant deterioration (PSD), depending on the attainment status of the area in which the source is located and the type and quantity of air pollutants emitted.

Massachusetts currently has several counties that are in nonattainment with the ozone National Ambient Air Quality Standard (NAAQS). Therefore, the provisions of nonattainment NSR apply to new major sources or major modifications in those areas. Massachusetts administers a state implementation plan (SIP)-approved nonattainment NSR program. Therefore, the provisions of federal NSR and any amendments are not effective in Massachusetts until a SIP revision incorporating provisions ...

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