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    ONE WINTER STREET, BOSTON, MA 02108 617-292-5500

     JANE SWIFT BOB DURAND Governor Secretary LAUREN A. LISS Commissioner



    310 CMR 7.00 et seq.:

    310 CMR 7.29 Emission Standards for Power Plants

    Regulatory Authority:

    M.G.L. c. 111, Sections 142A through 142N

    April, 2001

    This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872.

    DEP on the World Wide Web:

    Printed on Recycled Paper




I. Introduction 1

    II. Regulated Pollutants 5

     A. Sulfur Dioxide

     B. Nitrogen Oxides

     C. Carbon Dioxide

     D. Mercury

    III. Sector Cost Comparison 17

     A. Control Costs for Sulfur Dioxide

     B. Control Costs for Nitrogen Oxides

     C. Control Options for Carbon Dioxide

     D. Control Costs for Mercury

     E. Transport

     F. Conclusion

IV. Standards 23

     A. Sulfur Dioxide

     B. Nitrogen Oxides

    C. Carbon Dioxide and Mercury


    Appendix A: Response to Comments

     Emission Standards for Oxides of Nitrogen and Sulfur Dioxide 3

     Emission Standards for Fine Particulate and Carbon Monoxide 5

    Emission Standards for Carbon Dioxide 7

    Emission Standards for Mercury 10

    Compliance Deadlines and Voluntary Plans 11

    Alternative Emissions Control Plans (Alternative ECPs) 15

    Emission Averaging 16

    Cost of Final Regulations 18

    Electric Reliability and Fuel Diversity 19

    Restructuring 22

    Levy (Harvard) Study 23

    Legal Authority 28

    Miscellaneous Comments 31

Appendix B: 310 CMR 7.29

Appendix C: List of Testifiers


    I. Introduction

In June of 2000, the Massachusetts Department of Environmental Protection (“DEP” or “the

    Department”) released a Technical Support Document entitled “Background Document and

    Technical Support for Public Hearings on Proposed Amendments to 310 CMR 7.00 et seq.: 310

    CMR 7.29 Emission Standards for Power Plants” and proposed a regulation to lower emissions

    of harmful pollutants from power plants in order to further protect public health and the environment. This program was presented as the proposed new regulation 310 CMR 7.29. DEP held five public hearings, and solicited written comment on the proposed regulation.

    The Massachusetts DEP received more than twelve hundred pages of written comments, as well as over twenty-five hours of oral testimony on its proposed rule, 310 CMR 7.29. Comments were received from Massachusetts residents, affected facilities, other Massachusetts facilities and businesses, and state and federal agencies. The Department has carefully considered all the comments it has received on the proposed rule. The Department has also reviewed recently released information and reports, in addition to the information originally released in the June 2000 Technical Support Document. Based on this information, the Department has determined that emissions of sulfur dioxide, nitrogen oxides, carbon dioxide and mercury from the facilities affected by the proposed rule contribute, in combination with emissions from out of state sources and emissions from other, less easily controlled sectors of Massachusetts’ emissions inventories, to a condition of air pollution in Massachusetts and northern New England. Therefore, the final regulation, 310 CMR 7.29, which will reduce emissions from the affected facilities, is being adopted to ease the condition of air pollution present in Massachusetts and northern New England.

    The purpose of this document is two-fold. The first is to summarize the June 2000 Technical Support document while including additional information on the issues presented in the June 2000 document. The second purpose of this document is to respond to specific comments received by the Department during the public comment period on 310 CMR 7.29. For additional background information, please see the June 2000 Technical Support Document, available at For responses to specific questions raised during the comment period, please see the Response to Comments section of this document.

In general, electric utilities represent a significant source of emissions for criteria pollutants and 1air toxics. USEPA’s National Air Quality and Emission Trends Report, 1998, indicates that

    67% percent of national sulfur dioxide emissions, and 25% of national nitrogen oxide emissions, originate from the electric generating industry. EPA’s Study of Hazardous Air Pollutant

    Emissions from Electric Utility Generating Units-Final Report to Congress, (1998), also shows

    that electric generating units are one of the largest sources of mercury emissions. EPA estimates that 37% of the carbon dioxide emissions in the United States are released by power plants (EPA

    Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-1997, 1999). EPA’s greenhouse 2gas webpage indicates that in the United States, approximately 6.6 tons (almost 15,000 pounds)

     1 Gas fired facilities produce only a very small percentage of the total criteria pollutants and toxic emissions from electric utilities. 2 See


    of greenhouse gases are emitted per person every year. Most of these emissions, about 82%, are from burning fossil fuels to generate electricity and power our cars.

    The emissions from electric generation in Massachusetts' plants in relation to emissions from other sources within Massachusetts are shown below. As Chart 1 indicates, the affected facilities in 310 CMR 7.29 contribute 46% of the SO emissions in the state, and are the largest single 23,4contributor to SO emissions in the state. 2

    Chart 1

    Massachusetts 1996 SO2 Emissions

    Sector Breakdown





    Other Electric

    GenerationOther Point1%11%Off RoadOn-Road


    As chart 2 indicates, the affected facilities in 310 CMR 7.29 contribute 8% of the NO emissions x 5in the state. However, as discussed later in this document, the Department or EPA is already implementing programs in all other sectors in this chart to reduce emissions.

    Chart 2

    Massachusetts 1996 Daily NOx Emissions

    Sector BreakdownOff Road

    Other Point29%