980 CMR 12.00 — Technology performance standards

980 CMR: ENERGY FACILITIES SITING COUNCIL 980 CMR 12.00: TECHNOLOGY PERFORMANCE STANDARDS Section 12.01: General 12.02: Procedures 12.03: Technology Performance Standards

980 CMR 12.00 Technology performance standards

12.01 General

12.01: General (1) Purpose. The purpose of 980 CMR 12.00 is to streamline the Energy Facilities Siting Board's review of petitions to construct generating facilities that have state of the art environmental performance characteristics. (2) Scope. 980 CMR 12.00 applies to any application to construct a generating facility as that term is defined in M.G.L. c. 164, § 69G, filed for review pursuant to M.G.L. c. 164, § 69J¼. These regulations shall not in any way supersede or impair the authority of the Massachusetts Department of Environmental Protection with respect to such facilities. (3) Statutory Authority. 980 CMR 12.00 is adopted pursuant to M.G.L. c. 164, § 69J¼, added by St. 1997, c. 164, § 210, which requires the Energy Facilities Siting Board to establish a technology performance standard for electric generating facility emissions, including, but not limited to, emissions of sulfur dioxide, nitrogen oxides, particulate matter, fine particulates, carbon monoxide, volatile organic compounds, and heavy metals.

12.02 Procedures

12.02: Procedures (1) Application of Technology Performance Standards. Any petition for approval to construct a generating facility that is filed for review pursuant to M.G.L. c. 164, § 69J¼ must include an analysis of the proposed facility's expected emissions of the criteria and non-criteria pollutants listed in 980 CMR 12.03. Such analysis shall include a summary of the proposed facility's expected emissions, a description of the modelling or other analyses used to d e rive the expected emissions, and where performance guarantees a re a vailable from the equipment manufacturer, a description of the performance guarantees. If the expected emissions of the proposed generatingfacilityexceed the levels set forth in 9 8 0 CMR 12.03 for any pollutant or pollutants, the applicant also must provide the information listed in 980 CMR 12.02(2) as part of its petition. The Energy Facilities Siting Board may request copies of guarantees, work papers, or other documents to verify expected generating facility emissions; however, applicants proposing the use of fuel types that do not contain pollutants specified in the TPS and that when burned do not result in pollutants specified in the TPS, will not be required to provide modelling or testing results, guarantees, work papers or other similar documents with respect to those pollutants. Emissions testing shall be conducted in accordance with the Massachusetts Department of Environmental Protection's "Guideline for Source Emission Testing" and in accordance with U.S. Environmental Protection Agency tests as specified in 40 CFR Part 60, Appendix A; 40 CFR Part 60, Subpart GG; 40 CFR Parts 72 and 75; or in accordance with another methodology approved by the Massachusetts Department of Environmental Protection. (2) Additional Information Requirements. An applicant proposing to construct a generating facility with one or more emissions in excess of the emission levels set forth in 980 CMR 12.03 must provide the following additional information with its petition: (a) The applicant shall document the reliability of the proposed generation technology throughout the industry and evaluate the reliability of the proposed fuel supply in Massachusetts. (b) The applicant shall provide the cost of the technology per megawatt hour (inclusive of capital costs, operating and fuel costs, and decommissioning costs) relative to other fossil fuel generating technologies. (c) The applicant shall discuss how the proposed facility will enhance New England's energy mix and prevent overdependence on one or more fuel sources. (d) The applicant shall provide information comparing the o ve ra ll e nvironmental impacts associated with the proposed facility with the overall environmental impacts of facilities using other fossil fuel generating technologies.

980 CMR: ENERGY FACILITIES SITING COUNCIL

12.03 Technology Performance Standards

12.03: Technology Performance Standards (1) Technology Performance Standards for Criteria Pollutants. The following are the technology performance standards for criteria pollutants: Name of Pollutant Technology Performance Standard (Pounds per Megawatt-Hour Burning Primary Fuel 100% base load at 50 degrees Fahrenheit) Sulfur Dioxide 0.021 Nitrogen Oxides 0.120 Fine Particulates - PM10 0.081 Particulate Matter 0.081 Carbon Monoxide 0.077 Volatile Organic Compounds 0.035 (2) TechnologyPerformance Standards for Non-Criteria Pollutants. The following are the technology performance standards for non-criteria pollutants: Pollutant Technology Performance Standard (Pounds pe r M e gawatt-Hour Burning Primary Fue l) Antimony 0.000171 Arsenic 0.00004 Beryllium 0.0000037 Cadmium 0.000033 Chromium 0.00033 Cobalt 0.00007 Copper 0.01 Lead 0.00045 Manganese 0.0026 Mercury 0.0000074

980 CMR: ENERGY FACILITIES SITING COUNCIL

12.03 continued

12.03: continued Pollutant Technology Performance Standard (Pounds pe r M e gawatt-Hour Burning Primary Fue l) Nickel 0.0093 Nickel Oxide 0.012 Phosphorus 0.0023 Selenium 0.00004 Vanadium 0.000037 Vanadium Pentoxide 0.00012 (3) Updating to the Technology Performance Standards. The Energy Facilities Siting Board will update the technology performance standards as necessary to reflect improvements in fossil fuel generating and control technologies. Any such updates or new technology performance standards will not apply retroa c tive ly to a proposed generating facility with expected emissions that satisfied the technology performance standards in effect on the date the applicant filed its petition for approval to construct the facility. REGULATO RY AUTHO RITY 980 CMR 12.00: M.G.L. c. 164, § 69H; c. 164, § 69J¼; St. 1997, c. 164, § 210.