Who must file - Source Registration Regulations
Facilities that meet the criteria under 310 CMR 7.12 must file Source Registrations. You can find section 7.12 Source Registration within the larger chapter 310 CMR 7 through the link below - you will need to search the large PDF file for EXACTLY this text "7.12: U Source Registration". See: 310 CMR 7.00 et. seq.: Air Pollution Control file size 4MB
Criteria are generally based on a facility's potential to emit pollutants or its maximum heat input capacity in mmbtu/hour. There are categorical criteria as well - for example, certain types of incinerators are automatically required to report.
A facility is also required to report when MassDEP requests that it report regardless of whether the facility meets any other reporting criteria. This is occasionally done as a means of learning more about the facility and the information will be used to determine whether the facility must continue to report in the future.
MassDEP generally sends out reminder/notice letters to all facilities that appear to be subject to Source Registration each spring.
A list of all such facilities is posted here: Source Registration Filing Schedules & Deadlines
Does a facility have to report if it didn't get a letter from MassDEP?
It depends - if your facility meets the criteria for filing Source Registration (SR), it must report regardless of whether MassDEP sends you a letter. However, you should check the mailing list at Source Registration Filing Schedules & Deadlines first to see if your facility has been deferred to a later year. If you think there is a mistake in the list, and you should (or should not) be on the list (or scheduled for a different year), e-mail MassDEP at firstname.lastname@example.org and describe the error.
NOTE: You may be directed by MassDEP to submit a Source Registration through communications other than the annual notice letters. For example, you may be directed to submit as part of an inspection, enforcement action, or permit. You must submit when so directed regardless of whether or not you receive one of the annual Source Registration notice letters.
When a facility's classification changes, does it still have to report?
Yes, in some cases. If the facility met the criteria for annual filing during any portion of the Year of Record, then it must report for that Year of Record. This applies even if the facility ceased to meet the criteria for any SR reporting (e.g., removed all subject emission units) at some point during the Year of Record.
If the facility was a 3-year filer that ceased to meet the criteria for any Source Registration reporting during the Year of Record, then the facility must report for that Year of Record (which will likely be its last SR).
If a facility begins to meet criteria for Source Registration during any portion of a Year of Record, then it must file for that Year of Record.
If a facility can demonstrate that it was NOT subject to Source Registration during the Year of Record (e.g., if the facility removed/reduced its emission units in the year prior to the Year of Record), then the facility usually does not need to file. However, you must contact the Source Registration Help Desk or your MassDEP regional office if you believe this applies to your facility.
If I file changes in my Source Registration (such as decommissioning units) will those constitute a request to MassDEP to change my classification for fee purposes? No, not unless you follow up on them. If you have made - or will make - changes to your facility that you think will change your fee classification or permit status then you must also contact your MassDEP regional office to confirm any changes that could impact your permits or Annual Compliance Fee. Decommissioning emission units does not automatically result in a change to your facility's classification.
When a facility closes, does it still have to file a Source Registration?
Yes - if it was an annual filer and was open during any portion of the Year of Record. No - if it was a 3-year filer that closed before the SR is due (even during the Year of Record), then the SR is not required. However, you must contact the Source Registration Help Desk or your MassDEP regional office if you believe this applies to your facility.