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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 Telegramand 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 ofthat 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 30Aand the provisions of 30 CFR51 .4(b) : June 12, 2008 - Holyoke, Ma

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### ATTES Name Hearing Officer Date C ' 6<~ June 16, 2008 in Lakeville

Name June 18, 2008 in Wilmington

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## 3 DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF WASTE PREVENTION AMENDEDNOTICE 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; c21 §§ 26 through 53; c 21A §§ 2, 13, and 16; and c 21Cwill hold public hearings on proposed amendments to 310 CMR7.00, Air Quality Rcgulations. The anxndments will be applicable to all Air Pollution Control Districts. Anew section to the Air Pollution Control Regulations, 310 CMR7.26(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 ofthat 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 30Aon: Thursday, June 12, 2008 - 5:00 pm Room309, 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 - 5:00pm 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 - 5:00pro Lenox Town Hall ~ 6Walker 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 DoucettCopies of the proposed regulations and background information will be available for inspection during

normal business hours at : the Bureau ofWaste Prevention, OneWinter 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 ADACoordinator at 617-556-1057, BAS/HR, 3rd Floor, OneWinter Street, Boston, MA 02108

. By Order ofthe Department Laurie Burt Commissioner

### ~, ;- S3ATE °ir " 

## 2098 DEC 1 I P11-1 2: 0i Docket # 0

THE COMMONWEALTHOF 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 Environm ental 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 - ifthis regulation is adopted as an emergency, state the nature ofthe emergency.

PRIOR NOTIFICATIONAND/OR APPROVAL - !fprior notification to and/or approval ofthe 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 ofthe 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. Ifthe purpose of this regulation is toset 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 keysubjects 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 oramend. List by CMRnumber.- 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 Remove these pages: I Insert these pages: