Section 096-100-125 - Part 70 major source or major stationary source "Part 70 major source or major stationary source" means any stationary source or group of stationary sources as described in paragraphs (A), (B) or (C) of this definition. For purposes of paragraphs (B) and (C), major stationary source includes any group of stationary sources belonging to a single major industrial grouping that is located on one or more contiguous or adjacent properties, and that are under common control of the same person (or persons under common control). For the purposes of defining "major source" in paragraphs (B) or (C) of this definition, a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the air pollutant-emitting activities at such source or group of sources on contiguous or adjacent properties are under common control and belong to the same Major Group (i. e. , all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. In addition, for purposes of paragraphs (B) and (C) of this definition, any stationary source (or group of stationary sources) that supports another source, where both are under common control of the same person (or persons under common control) and on contiguous or adjacent properties, shall be considered a support facility and part of the same source regardless of the 2-digit SIC code for that support facility. A stationary source (or group of stationary sources) is considered a support facility to a source if at least fifty percent (50%) of the output of the support facility is dedicated to the source.
A. Any major source under Section 112 of the CAA (relating to hazardous air pollutants), which is defined as follows: (1) For air pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls in the aggregate, ten (10) tons per year (tpy) or more of any single hazardous air pollutant (HAP), (including any fugitive emissions of such pollutant) which was listed pursuant to Section 112(b) of the CAA, 25 tpy or more of any combination of such HAP (including any fugitive emissions of such pollutants), or such lesser quantity as the EPA may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such emissions units or sources are major sources; or(2) For radionuclides, Part 70 major source shall have the meaning specified in rules promulgated by the EPA. B. Any major stationary source of air pollutants as defined in Section 302 of the CAA that directly emits or has the potential to emit 100 tpy or more of any single regulated pollutant excluding GHGs (including any fugitive emissions of any such air pollutant, as determined by rule by the EPA). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the CAA or for the purposes of paragraph (C) of this definition, unless the stationary source belongs to one of the following categories of stationary sources: (1) Coal cleaning plants (with thermal dryers);(3) Portland cement plants;(4) Primary zinc smelters;(5) Iron and steel mills;(6) Primary aluminum ore reduction plants;(7) Primary copper smelters;(8) Municipal incinerators capable of charging more than 50 tons of refuse/day;(9) Hydrofluoric, sulfuric, or nitric acid plants;(10) Petroleum refineries;(12) Phosphate rock processing plants;(13) Coke oven batteries;(14) Sulfur recovery plants;(15) Carbon black plants (furnace process);(16) Primary lead smelters;(17) Fuel conversion plants;(19) Secondary metal production plants;(20) Chemical process plants;(21) Fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input;(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;(23) Taconite ore processing plants;(24) Glass fiber processing plants;(25) Charcoal production plants;(26) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or(27) Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the CAA.C. Any major stationary source as defined in Part D of Title I of the CAA, including, but not limited to: (1) For federal ozone nonattainment areas, except sources for which the EPA has made a finding under Section 182(f)(1) or (2) of the CAA that requirements under Section 182(f) of the CAA do not apply, the following sources with the potential to emit: (a) one hundred (100) tpy or more of nitrogen oxides (NOx) in areas classified as "marginal" or "moderate" or in the ozone transport region.(b) fifty (50) tpy or more of NOx in areas classified as "serious,"(c) twenty-five (25) tpy or more of NOx in areas classified as "severe," and(d) ten (10) tpy or more of NOx in areas classified as "extreme";(2) For federal ozone nonattainment areas, the following sources with the potential to emit: (a) one hundred (100) tpy or more of volatile organic compounds (VOC) in areas classified as "marginal" or "moderate,"(b) fifty (50) tpy or more of VOC in areas classified as "serious" or in the ozone transport region. (c) twenty-five (25) tpy or more of VOC in areas classified as "severe," and(d) ten (10) tpy or more of VOC in areas classified as "extreme";(3) For particulate matter of less than ten (10) microns (PM10) nonattainment areas, sources with the potential to emit seventy (70) tpy or more of PM10 in areas that are classified as "serious".06-096 C.M.R. ch. 100, § 125