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DEVAL L. PATRICK 

Governor 

TIMOTHY P. MURRAY 

Lieutenant Governor 

CERTIFICATION 

IAN A. BOWLES 

Secretary 

LAURIE BURT 

Commissioner 

RE: Public Review process on the proposal to amend 310 CMR 7.26(50) through (54) to address 

outdoor hydronic heaters, also known as outdoor wood boilers, installed after the effective date 

of these proposed regulations and to address the operation of outdoor hydronic heaters installed 

before the effective date . The proposed regulations have requirements for manufacturers, sellers 

and owners of outdoor hydronic heaters. 

I hereby certify that : 

Notice of the public hearings was published on the following dates in the following newspapers : 

Boston Globe May 8, 2008 

New Bedford Standard Times May 8, 2008 

Springfield Republican May 8, 2008 

Worcester Telegram and Gazette May 8, 2008 

That the notices specified the date, time and place of the public hearings to be held on the 

proposed amendments to 310 CMR 7.26(50) through (54). 

That the notices specified the locations at which the proposed revisions and supporting 

information were available for public inspection. 

That the proposed revisions and supporting information were available at the locations stated in 

the notice when the notices were published, as well as at the locations of the public hearings on 

the date of said hearing. 

That similar notices were mailed to the United States Environmental Protection Agency, to any 

affected local or pollution control agencies, and to all known potentially interested parties. 

I further certify that, upon the request of a legislator, an additional hearing date in Lenox, Ma was 

scheduled for June 23, 2008 and that the public hearing notice was subsequently modified to add the 

time, location and date of that additional hearing and that the amended public hearing notice was 

sent to interested parties via email, published in the MEPA Monitor on June 11, 2008 and placed on 

the Department of Environmental Protection website. 

This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or 1-617-574-6868. 

COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

MassDEP on the World Wide Web: http ://www .mass.gov/dep 

0 Printed on Recycled Paper 
I further certify that, on the following dates and at the following locations, public hearings were 

conducted by the Department of Environmental Protection, pursuant to the above notices and in 

conformance with M.G.L. Chapter 30A and the provisions of 30 CFR 51 .4(b) : 

June 12, 2008 - Holyoke, Ma 

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June 16, 2008 in Lakeville 

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June 18, 2008 in Wilmington 

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DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BUREAU OF WASTE PREVENTION 

AMENDED NOTICE 

Notice is hereby given that the Department of Environmental Protection, acting in accordance with the 

provisions of M.G .L . c 111 . §§ 142A through 142N; c 21 §§ 26 through 53; c 21A §§ 2, 13, and 16; and c 

21C will hold public hearings on proposed amendments to 310 CMR 7.00, Air Quality Rcgulations. The 

anxndments will be applicable to all Air Pollution Control Districts. 

A new section to the Air Pollution Control Regulations, 310 CMR 7.26(50) through (54) is proposed to 

address outdoor hydronic heaters, also known as outdoor wood boilers, installed after the effective date of 

these proposed regulations and to address the operation of outdoor hydronic heaters installed before the 

effective date . The proposed regulations have requirements for manufacturers, sellers and owners of 

outdoor hydronie heaters. 

The Commonwealth is committed to measures designed to attain and maintain national ambient air quality 

standards. 'The proposed amendments are part of that commitment and will be proposed as a revision to the 

Massachusetts State implementation Plan (SIP). 

Public hearings will be conducted under the provisions of M.G.L. Chapter 30A on: 

Thursday, June 12, 2008 - 5:00 pm 

Room 309, Frost Building 

Holyoke Community College 

Holyoke, Massachusetts 

Monday, June 16, 2008 - 5 :00 pm 

Department of Environmental Protection 

Southeast Regional Office 

Lakeville, Massachusetts 

Wednesday, June 18, 2008 - 5:00 pm 

Department of Environmental Protection 

205B Lowell Street 

Wilmington, Massachusetts 

Thursday, June 19, 2008 -4:00 pm 

Department of Environmental Protection 

627 Main Street 

Worcester, Massachusetts 

Monday, June 23, 2008 - 5:00 pro 

Lenox Town Hall ~ 

6 Walker St. 

Lenox, Massachusetts 

Testimony may be presented orally or in writing at the public hearings . Written comments will also be 

accepted until 5:00 PM on July 3, 2008. Written testimony must be submitted to : 

Department of Environmental Protection 

Bureau of Waste Prevention 

One Winter Street 7`h Floor 

Boston, MA 02108 

Attn : James Doucett 
Copies of the proposed regulations and background information will be available for inspection during 

normal business hours at : the Bureau of Waste Prevention, One Winter Street, Boston, MA, the four 

regional offices of MassDEP and on MassDEP's web site at www.mass.gov/dep . 

For special accommodations for these events or hearing information in an alternate format, please contact 

Donald Gomes, DEP's ADA Coordinator at 617-556-1057, BAS/HR, 3rd Floor, One Winter Street, 

Boston, MA 02108. 

By Order of the Department 

Laurie Burt 

Commissioner 
~, ;- S3ATE 

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2098 DEC 1 I P11-1 2: 0 i 

Docket # 0 

THE COMMONWEALTH OF MASSACHUSETTS 

William Francis Galvin 

Secretary of the Commonwealth 

Regulation Filing To be completed by filing agency 

CHAPTER NUMBER: 310 CMR 7.00 

CHAPTER TITLE : Air Pollution Control 

AGENCY: Department of Environmental Protection 

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 

Amendments to 310 CMR 7.00 to add new regulations for Outdoor Hydronic Heaters (OHHs) to 

regulate the siting, operation of OHHs as well as establish emission standards and certification 

requirements for all OHHs to be sold in Massachusetts after the effective date. 

REGULATORY AUTHORITY: M.G.L. Chapter 111, Sections 142A -142E 

AGENCY CONTACT: James Doucett 

ADDRESS: 1 Winter St, Boston, MA 02108 

Compliance with M .G.L . c. 30A - 

PHONE: 617-292-5868 

EMERGENCY ADOPTION - if this regulation is adopted as an emergency, state the nature of the emergency. 

PRIOR NOTIFICATION AND/OR APPROVAL - !f prior notification to and/or approval of the Governor, 

Legislature or others was required, list each notification, and/or approval and date, including notice to the Local 

Government Advisory Commission. 

Executive Office of Energy and Environmental Affairs, Department of Public Health, Local 

Government Advisory Commission: May 7, 2008 

PUBLIC REVIEW - M.G.L . c. 30A sections 2 and/or 3 requires notice of the hearing or comment period be 

filed with the Secretary of the Commonwealth, published in appropriate newspapers, and sent to persons to 

whom specific notice must be given at least 21 days prior to such hearing or comment period. 

Date of public hearing or comment period: 6112108, 6116108, 6118108, 611 9108, 6I23108. Comment 

period closed 713108 . 
FISCAL EFFECT - Estimate the fiscal effect of the public and private sectors. 

For the first and second year: oHHs reduce heating costs. 

For the first five years: oHHs reduce heating costs. 

No fiscal effect : 

SMALL BUSINESS IMPACT - State the impact of this regulation on small business. Include a description of 

reporting, record keeping and other compliance requirements as well as the appropriateness of performance 

versus design standards and whether this regulation duplicates or conflicts with any other regulation. If the 

purpose of this regulation is to set rates for the state, this section does not apply. 

Small businesses purchasing OHHs to meet all or part of their heating needs will see heating costs 

substantially reduced. Small businesses selling OHHs will be limited to selling only certified 01-11-ls 

which may initially limit the number of models they can sell . 

CODE OF MASSACHUSETTS REGULATIONS INDEX - List key subjects that are relevant to this regulation: 

Particulate matter, PM, smoke, heat, wood fuel, biomass, home heating. 

PROMULGATION - State the action taken by this regulation and its effect on existing provisions of the Code 

of Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number.- 

Amends 310 CMR 7.00 by adding a new section 310 CMR 7.26(50)-(54) to the regulations. 

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation 

adopted by this agency. ATTEST: 

SIGNATURE: 

Publication - To be completed by the Regulations Division 

DATE : 

MASSACHUSETTS REGISTER NUMBER: DATE : 

EFFECTIVE DATE: 

CODE OF MASSACHUSETTS REGULATIONS 

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