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Massachusetts Department of Environmental Protection

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Bureau of Waste Prevention ? Air Quality Control ? Plan Approvals. BWP AQ 01 Limited Plan Approvals. BWP AQ 02 Non-Major Comprehensive Plan Approvals

Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals BWP AQ 03 Major Comprehensive Plan Approvals Instructions and Supporting Materials

Table of Contents

? introduction

    ? permit fact sheet

    ? completeness checklist

Introduction

    MassDEP Permit Applications, as well as Instructions & Support Materials, are available for download from the MassDEP Web site at mass.gov/dep in two file formats: Microsoft Word? and Adobe Acrobat PDF?. Either format allows documents to be printed.

Instructions & Support Materials files in Microsoft Word? format contain a series of documents

    that provide guidance on how to prepare a permit application. Although we recommend that you

    print out the entire package, you may choose to print specific documents by selecting the

    appropriate page numbers for printing.

Permit Applications in Microsoft Word??format must be downloaded separately. Users with

    Microsoft Word? 97 or later may complete these forms electronically.

    Permitting packages in Adobe Acrobat PDF??format combine Permit Applications and Instructions & Support Materials in a single document. Adobe Acrobat PDF?? files may only be viewed and printed without alteration. Permit Applications in this format may not be completed

    electronically.

     55523790.doc.doc • rev. 6/07 BWP AQ 01 02 03 Introduction • Page 1 of 1

    Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals

    BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals

    BWP AQ 03 Major Comprehensive Plan Approvals

    Permit Fact Sheet

1. What is the purpose of these plan approvals?

     The purpose of issuing these permits is to protect public health, welfare and the environment by limiting air

    contamination. A plan application is required of an owner or operator where the construction, substantial

    reconstruction, or alteration of the facility has the potential to cause or contribute to a condition of air pollution.

     Regulations 310 CMR 7.02(4) and 7.02(5) provide for a Limited Plan Approval and a Comprehensive Plan

    Approval. Legislative authority for these regulations is stated in MGL Chapter 111, section 142 A - J.

2. Who must apply?

     For specific information on when an application must be submitted for an air quality plan approval, refer to

    310 CMR 7.02(4) and 7.02 (5). The plan approval letter and the application materials submitted to the

    Department become the approved plan approval. Those who wish to develop the following types of projects

    must apply:

     a. projects with an increase in potential emissions, excluding products of combustion, greater than the

    thresholds;

     b. a fuel utilization facility with an energy input capacity greater than the thresholds;

     c. an incinerator;

     d. projects that require a Prevention of Significant Deterioration (PSD) permit (as defined in 40 CFR 52.21.

    Please note that as a result of MassDEP’s decision to return implementation of the PSD program to U.S.

    EPA, effective as of March 3, 2003, the PSD permit must be obtained from the U.S. EPA);

     e. projects that require an approval pursuant to 310 CMR 7.00 Appendix A;

     f. a project which would contravene a Department approval;

     g. any project so required by the Department.

3. What other requirements should be considered when applying for these plan approvals?

     Must the project receive a site assignment pursuant to MGL c. 111 sec. 150A, c. 111 sec. 150B or c. 21D?

     Must the project be approved by the Energy Facilities Siting Council (EFSC) (MGL c. 164, 980 CMR

    1.00-11.00)?

     Does the project meet the criteria established in 310 CMR 7.02(6) Aggregating Emissions?

     Is the project subject to New Source Performance Standards (40 CFR 60) or National Emission

    Standards for Hazardous Air Pollutants (40 CFR 61) or Maximum Achievable Control Technology (40

    CFR 63)?

     If the project is classified as a major CPA, ambient air quality modeling may be required to be submitted

    with the application.

     If the project is required to be approved under 310 CMR 7.00 Appendix A, the facility will be required to

    obtain offset emissions, and to demonstrate compliance with the Lowest Achievable Emission Rate

    (LAER) requirement.

     The Department cannot issue an approval until the project has been issued any required site assignments.

     Note: Permits of this type may require MEPA review. Please carefully examine 301 CMR 11.00, the MEPA

    Regulations, to determine if your project exceeds the MEPA review thresholds. For more information contact

    the MEPA Unit of the Executive Office of Environmental Affairs (100 Cambridge Street, Boston, MA 02202;

    (617-727-5830). MassDEP cannot complete technical review of the permit application until the MEPA

    process has been concluded. Copies of MEPA filings (with reference to any applicable Transmittal numbers)

    should be sent to the appropriate program offices in Boston and the MEPA Coordinator in the appropriate

    Regional Office. Find your region: http://mass.gov/dep/about/region/findyour.htm

    55523790.doc.doc • rev. 6/07 BWP AQ 01 02 03 Permit Fact Sheet • Page 1 of 4

    Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals

    BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals

    BWP AQ 03 Major Comprehensive Plan Approvals

    Permit Fact Sheet

     Note: These additional requirements are intended to serve as a guide to the applicant. It does not

    necessarily include all additional requirements.

4. What is the application fee?

    BWP AQ 01 Limited Plan Approval $525.00

    BWP AQ 02 Non-Major Comprehensive Plan Approval $1,930

    BWP AQ 03 Major Comprehensive Plan Approval $19,780

5. What is the Primary Permit Location? What is the Reserve Copy Location?

    PRIMARY PERMIT LOCATION RESERVE COPY LOCATION

    Department of Environmental Protection Department of Environmental Protection

    ______________* Regional Office ___________* Regional Office

    Air Quality Control Air Quality Control

     * Find your region: http://mass.gov/dep/about/region/findyour.htm

     As indicated above, all completed application packages should be submitted in duplicate to the appropriate

    regional office for review and approval (one primary copy, one reserve copy). When approved, the second

    copy of the permit application is stamped and returned so that the applicant and the Department have

    identical copies of the approved submittal. If the application must go through a federally mandated public

    comment period, pursuant to 310 CMR 7.00 Appendix A (Non-attainment Review), a new copy of the entire

    application (with any revisions) will be required at the time of the public comment period for submittal to EPA.

     The contents of the Limited Plan Approval (LPA) and the Comprehensive Plan Approval (CPA) are given

    below. The application form to be used is determined by: (1) reviewing the regulation to first determine

    whether an LPA or CPA must be filed (see explanation above under "Who must apply?") and (2) the category

    of emission source. Application forms have been developed for several categories of emission source: fuel

    burning, industrial process, solvent cleaning, etc.

     The following application forms are used when filing for BWP AQ 01, BWP AQ 02, or BWP AQ 03:

     Limited Plan Applications

     • BWP AQ 01-A Limited Plan Approval - Fuel Utilization Facility

     • BWP AQ 01-B Limited Plan Approval - Non Fuel Emissions

     Comprehensive Plan Applications (CPA)

     • BWP AQ 02 & BWP AQ 03 - Comprehensive Plan Approval Project Summary

     CPA must also include one of the following:

     • BWP AQ CPA-1 Fuel Utilization Facility

    55523790.doc.doc • rev. 6/07 BWP AQ 01 02 03 Permit Fact Sheet • Page 2 of 4

    Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals

    BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals

    BWP AQ 03 Major Comprehensive Plan Approvals

    Permit Fact Sheet

     • BWP AQ CPA-2 Burner Replacement

     • BWP AQ CPA-3 Non Fuel Emissions

     • BWP AQ CPA-4 Incinerators

     • BWP AQ CPA-5 Solvent Metal Cleaners

     The following Supplemental Forms, where applicable, must also be submitted with a CPA:

     Supplemental Forms for Process:

     • BWP AQ SFP-1 Paint Spraying and Surface Coating

     • BWP AQ SFP-3 Survey of Noise Potential

     Supplemental Forms for Air Pollution Control Equipment:

     • BWP AQ SFC-1 Dry Air Filters (Fabric, Bags, Cartridges, etc)

     • BWP AQ SFC-2 Cyclonic or Inertial Separators

     • BWP AQ SFC-3 Wet Collection Equipment (Scrubbers)

     • BWP AQ SFC-4 Adsorption Equipment

     • BWP AQ SFC-5 Afterburners

     • BWP AQ SFC-6 Electrostatic Precipitator

     The application forms list detailed, specific information, which is required to accompany the application.

6. Where can I get a copy of the timelines?

     The timelines are available on the MassDEP Website: www.mass.gov/dep/service/online/fees.htm

7. What is the annual compliance fee?

     The annual compliance assurance fee is dependent on the facility wide potential emissions. Please consult

    310 CMR 4.03 (Table 4.03) for more information. If you fail to pay the annual compliance fee your permit

    could be suspended or revoked.

8. How long are these plan approvals in effect?

     The plan approval is in effect until the project permitted by this action is substantially reconstructed or altered,

    at which time a new approval is required.

55523790.doc.doc • rev. 6/07 BWP AQ 01 02 03 Permit Fact Sheet • Page 3 of 4

    Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals

    BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals

    BWP AQ 03 Major Comprehensive Plan Approvals

    Permit Fact Sheet

9. How can I avoid the most common mistakes made in applying for this plan approval?

     a. Answer all questions on the application form and indicate "N/A" (not applicable) where appropriate.

     b. Submit two copies of the application to the regional office for review.

     c. Make sure a Professional Engineer registered in Massachusetts signs the application (Comprehensive

     Plan Application - 310 CMR 7.02(5)(c)) and provides a registration number and field of concentration.

     d. Submit a "sign off" from any other agency necessary prior to the submittal of an application. For example,

    the Massachusetts Historical Commission, MEPA, MDPU, EFSC, etc.

     e. Submit fee and one copy of the MassDEP Transmittal Form to:

     Department of Environmental Protection

     P. O. Box 4062

     Boston, MA 02211.

10. What are the regulations that apply to these plan approvals? Where can I get copies?

     These regulations include, but are not limited to:

     a. Air Pollution Control Regulations, 310 CMR 6.00 to 8.00.

     b. Timely Action and Fee Provisions, 310 CMR 4.00.

     c. Administrative Penalty Regulations, 310 CMR 5.00.

     These may be purchased at:

    State House Bookstore State House West Bookstore

    Room 116 436 Dwight Street

    Boston, MA 02133 Springfield, MA 01103

    617-727-2834 413-784-1376

55523790.doc.doc • rev. 6/07 BWP AQ 01 02 03 Permit Fact Sheet • Page 4 of 4

    Massachusetts Department of Environmental Protection

    Bureau of Waste Prevention Air Quality Control Plan Approvals

    BWP AQ 01 Limited Plan Approvals

     BWP AQ 02 Non-Major Comprehensive Plan Approvals

    BWP AQ 03 Major Comprehensive Plan Approvals

    Application Completeness Checklist

     The MassDEP Transmittal Form is completed: http://mass.gov/dep/service/online/trasmfrm.shtml

     All applicable questions have been completed or N/A has been inserted where appropriate..

     A signature of the appropriate responsible official has been included even if an agent has been hired to

    complete the application. See definitions in 310 CMR 7.00.

     When required to submit an ENF and/or an EIR, a copy of the MEPA "sign off" is attached (see MEPA

    regulations 301 CMR 11.00). MassDEP will not issue the permit until MEPA certification is obtained..

Additional Checklist for BWP AQ 02, BWP AQ 03:

     All information listed in Section B of the comprehensive plan approval application is included in the package.

     A Professional Engineer registered in Massachusetts has attested to the accuracy of the submitted

    information, signed the application, and attached his seal.

     If required, a copy of the Energy Facility Siting Council (EFSC) letter approving the project is attached.

    MassDEP will not issue the permit until EFSC has approved the project.

To submit the application package:

     Checklist items have been completed.

     Send two copies of the application package along with two copies of the MassDEP Transmittal form to:

     Department of Environmental Protection

     __________* Regional Office

     Air Quality Control

    *Find your region: http://mass.gov/dep/about/region/findyour.htm

     Send fee of:

     $525 for BWP AQ 01;

     $1,930 for BWP AQ 02;

     $19,780 for BWP AQ 03;

     in the form of check or money order made payable to Commonwealth of Massachusetts, along with one copy

    of the MassDEP Transmittal Form to:

     Department of Environmental Protection

     P.O. Box 4062

     Boston, MA 02211

     rev. 6/07 Application Completeness Checklist • Page 1 of 1

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