310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTiON 

310 CMR 8 .00 : ' . THE PREVENTION AND/OR ABATEMENT OF AIR POLLUTION EPISODE 

AND AIR POLLUTION INCIDENT EMERGENCIES 

Section 

8.01: Introduction 

8.02: Definitions 

8.03: Air Pollution Episode Criteria 

8.04: Air Pollution Episode Potential Advisories 

8.05: Declaration of Air Pollution Episodes and Incidents 

8.06: Termination of Air Pollution, Episodes and Incident Emergencies 

8.07: Enmission Reductions Strategies, 

8.08: Emission Reduction Plans 

8.15: Air Pollution Incident Emergency 

: Heafifip-- ' ' . 

8.30: Severability . 

. 

8.9lr-Rcfief- . 

8.01 : Introduction 

The purpose of 310 CMR 8.00 is to prevent ambient air contanrninant concentrations at any 

location in the Commonwealth from reaching levels which would constitute significant harm, 

or imminent and substantial endangerment to the health of persons. . The levels which would 

constitute significant harm, or imniinent and substantial endangerment, to the'health of 

persons as have been defined by the Administrator of the Environmental Protection Agency 

are set forth in Table 1 . - 

TABLE 1 . 

CONTAMINANT CONCENTRATION LEVELS 

Prescribed by the EPA Administrator as would cause significant harm, *or Imminent and Substantial 

Endangerment, to Health. _ 

Ambient Air Contaminant Concentration Levels 

Contaminant Ave. ug/m' , pprn COHs Duration Product 

(average) 

Sulfur Dioxide (SO=) 2,620 

'Particulate' Matter 

PM 10 600 . 

Tape Stain (COHs) 

Product of - 

(SO2) X (COHs) (SOZ) 

Carbon Monoxide 144,000 

Carbon Monoxide . 86,300 

Carbon Monoxide 57,500 ' 

Photochemical Oxidant 1,200 

Nitrogen Dioxide 3,750 

Nitrogeli Dioxide 938 

'expressed .as Ozone (O~ . 

'I .0 ~ 24-hr. 

24-hr. 

8 24-hr. 

. (COHs) 24-hr. 1.5 

125 1-hr. 

' 7j' 4-hr. 

. 50 8-hr. 

0.6' 1-hr. 

2-0 1-hr. 

0.5 24-hr. 

4/1/94 . ' 310 CMR - 251 
310 CIvIR: DEPARTNIEIVT OF ENVIRONNIENTAL PROTECTION 

8.02: Definitions 

When used in 310 CMR 8.00 and in communications, notices, or orders relative thereto, 

the following words and phrases shall have the meanings ascribed below: 

Air Contaminant means any substance or man-made physical phenomenon in the ambient air 

space and includes, but is not limited to dust, flyash, gas, fume, mist, odor, smoke, vapor, 

pollen, microorganism, radioactive material, ionizing radiation, heat, sound, any combination 

thereof, or any decay or reaction .product thereof. 

Air Contaminant Source means any place at or from which any air contaminant is emitted 

to the ambient air space. 

Air Pollution means the presence in the ambient air space of one or more air contaminants 

or combinations thereof in such concentrations and of such duration as to : ' 

(a) 'cause a nuisance; . 

(b) be injurious to human or animal life, to vegetation, or to prope{ty ; or 

(c) unreasonably interfere with the comfortable enjoyment of life and property .o= the 

conduct of business. 

Air Pollution Episode means a state of the ambient air environment in which the 

concentrations of air contaminants are elevated to or are in excess of certain defined levels 

and that certain meteorological conditions are expected to continue. 

Air Ppllan;on Episode Alert (APEA) means that degree of Air Pollution Episode which meets 

the criteria for determination of an Air Pollution Episode Alert as'set forth in 310 CMR 8.03. 

Air Pollution Evisode Emeracncv (APEE) means that degree of Air Pollution Episode which 

meets the criteria for determination of an Air Pollution Episode Emergency as set forth in 

310 CMR 8.03. 

Air Pollution Eui.sode Waririnft .(APEM means that degree of Air Pollution Episode which 

meets the criteria for determination of an Air Pbllution Episode ,Warning as set forth in 

310 CMR 8.03. . ' 

Air Pouution Incident 'Emeraencv . (APIE) means a condition in the' atmosphere in the 

Coritmonwealrh or any part thereof, which constitutes a present or reasonably imminent 

danger to health. 

Ambient Air Space means. unconfined space occupied by the atmosphere above the 

. geographical area of the District 

Atmosnherlc Stagnatioti Advisory means an-advisory, issued by the National Weather Service, 

relative to meteorological conditions that are predicted to be manifesf for 36'hours oi more 

and to be characterized by poor ventilation and potential increase of ambient air contaminant 

concentration levels. (The advisories may be prepared for regions of substantial area, or as . . 

the need may dictate, for local, relatively small areas.) . . 

COH - Coefficient of Haze means the unit which quantifies the increase in photomettic 

density of a filter tape .due to deposition of particles per 1000 -linear feet of air through a one 

inch diameter filter when sampled at the rate of approximately 0.250m. 

Commissioner means the Commissioner of the Department of Environmental Protection or 

his official designees. 

Department means the Department of Environmental Protection . 

Emission means any discharge or release of an air contaminant to the ambient air space. 

4/1/94 310 CMR - 252 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

8.02: continued 

_Emission Reduction Plan(s) means the plans for reducing emissions during Air Pollution 

Episode Alerts, Warning, and/or Emergencies. 

ug/m3 means micrograms per cubic meter. 

News Media means certain channels of communication by which information is conveyed 

between persons; it includes, but is not limited to, radio, television, and newspapers. 

D.p.m. means parts per million. 

Person means any individual, partnership, association, fum, syndicate, company, trust, 

corporation, department, authority, bureau, agency, political subdivision of the 

Commonwealth, law enforcement agency, fire fighting agency, or any other entity recognized 

by law as the subjeet, of rights and duties. 

PIvt10 or Particulate Matter 10 meant particulate matter with an aerodynamic diametar less 

than or equal to a nominal lb ~ micrometers as measured by a reference method based on 

Appendix J of Part 50 of CFR and designated in accordance with Part 53 or by an equivalent 

method designated in part 53. ' 

8.03: Air Pollution Eyisode Criteria 

(1) Episode Criteria . Conditions justifying the proclamation of, air pollution alert, air 

pollation warning, or air pollution emergency shall be deemed to exist whenever the 

Department determines that the accumulation of air pollutants in any place is attaining or has 

attained .levels which could, if such levels are sustained or exceeded, lead to a substantial 

threat to the health of persons. In -making this determination, the Department will be guided 

_ by the following criteria : 

(a) Air Pollution Foreeast . An internal watch by the Department shall be actuated by 

' a National Weather Service advisory that Atmospheric Stagnation Advisory is in effect. 

' (b) Alert. The Alert level is that concentration of pollutants at which first stage control 

, actions is to begin. An Alert will be declared when any.. one of the levels listed in 

310 CMR 8.03(2)(a) is reached at any monitoring site and- meteroiogicai conditions are 

such that the Department is of the opinion that, unless . appropriate control actions to 

reduce emissions are taken, 9mbient~air contaminant concentration levels . will remain at 

or in excess df the above levels for 12 or more, hours. . 

. (c) Warninrr. The warning level indicates that air quality is continuing to deteriorate and 

that additional control actions are necessary. A waming will be declared when any one 

of the levels listed in 310 CdvIIi . 8.03(2)(b) is reached at any monitoring site and 

meteorological -conditions are such that the Department is. of the . opinion that, unless 

appropriate -control actions to reduce emissions . are taken, ambient air: contaminant 

concentration levels will remain at or in excess of, the above levels for -12 or more hours. 

(d) Emergency. 

The' emergency level indicates that air quality is continuing to ' 

. ddteriorate toward a level of significant harm to the health of persoins and that the most 

- . stringent control actions are necessary. An emergency will be declared when any one of . . 

the levels listed in 310 CMR 8.03(2)(c) is reached at any monitoring site and 

meterological conditions are such that the Department is of the opinion that, unless 

, appropriate, control actions to reduce emissions are taken, ambient air contaminant 

concentration levels~will remain at or in excess of the above levels for 12 or more hours. 

' (e) Termination. Once declared, any status reached by application of these criteria will 

remain in effect until the criteria for that level are no longer met. At such time, the next 

lower status will be assumed, or the episode will be declared over . 

4/1/94 : 310 CMR - 253 
310 CTvIR: DEPARTMENT OP ENVIRONMENTAL PROTECTION 

8.03: continued 

. (2) Criteria to be used to determine an Air Pollution Euisoda 

8.03(2)(a) Criteria for Determination of Air Pollution 

Episode Alert (APEA) 

Ambient Air Contamirsant Concentradon Levels' . 

CONTAMINANT Ave. ug/m3 ~ ppm COHs ~ Duration Product 

Sulfur Dioxide (SO?) 800 0.3 24-hr. 

Particnlate Matter ' 

PM10 350 24-hr. 

Tape Stain (COHs) , , . 3 . 24-hr. 

Product of: . 

(SO?) X (COHs) . (SO2) . (COHs) 24-hr. ', 0.2 

Carbon Monoxide 17,000 . 15 . 8-hr. 

Ozone (03) 400 . 0.2 1-hr. 

Nitrogen Dioxide 1,130 0.6 1-hr. 

Nitrogen Dioxide . 282 0.15 24-hr. 

Meteorological Conditions are such that the Department is of the opinion that, unless 

appropriate control actions to reduce emissions are taken, ambient sir contaminant levels will 

remain at or in excess of the above levels for 12 or more hours: 

8.03{2)(b) Criteria for Determination of Air Pollution Episode 

- Warning (APEWj . . 

CONTAMINANT' 

Sulfur Dioxide (SO,) 

Particulate Matter 

PM10 

' Tape Stain (COHs). 

Product of: 

(SO?) X (COBS) 

Carbon Monoxide 

Ozone (03) . 

Nitrogen Dioxide 

Nitrogen Dioxide 

Ambient Air Contaminant Concentration Levels 

Ave. ug/rn' ppm COHs Duration Product 

1,600 0.6 ~ 24-hr. 

420 . 24-hr. 

5 ' 24-hr. 

(SO,) (COHs) 24-hr. 0.8 

34,000 30 8-fir. . 

800 0.4 . 1-hr. ' 

2,260 1 .2 . 1-hr. . 

565 0.3 24-hr. 

Meteorological Conditions are such that the Department, is of the opinion that, unless 

appropriate control actions io reduce emissions are taken, ambient. air contaminant levels will 

remain at or in excess of the above levels for 12 or more hours. ~ 

4/1/94 310 CMR - 254 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

8.03: continued 

8.03(2)(c) Criteria for Determination of Air Pollution Episode 

Emergency (APEE) 

Ambient Air Contaminant Concentration Levels 

CONTAMINANT Ave. ug/m' ppm COHs . 'Duration Product 

Sulfur Dioxide (SOO 2,100 . ~ 0~8 2`1'-hr. 

Particulate Matter 

PM10 500 24-hr. 

Tape Stain (COHs) . 8 2`3-hr' 

~ Product of: 

(S0) X (COHs) . . (SO) ~(COHs) 24-hr- ; 1 .2 

Carbon Monoxide 46,000 40 8'M' . 

Ozone (00 1,000 0.5 . 1-hr. . 

Nitrogen Dioxide 3,000 1.6 1-hr.* 

Nitrogen Dioxide 750 0.4 ' 24-hrMeteorological Conditions are such that the Department is of the opinion that ambient air 

contaminant levels will remain at or in excess of -the above levels for 12 or more hours. 

8.04: Air Pollution Episode Potential Advisories . , 

, (1) Atmospheric Stagnation Advisories received by the Department shall be evaluated by 

the Department in light of manifest local meteorological conditions, weather forecasi, ambient ' 

air contaminant concentration levels observed, and anticipated weather-influenced emissions. . 

. (2) During periods of suspected poor atmospheric ventilation, . Atmospheric. Stagnation 

Advisories, and Air Pollution Episodes, the Department will maintain close liaison with the 

National Weather Service to exchange information of mutual benefit. 

8.05: Declaration of Air Pollution Episodes and Incidents 

(1) The Commissioner, based upon the Department's evaluation of such information relative 

to ambient air contaminant concentration levels as may be available to the Department, 

meteorological .conditions 'extant, . the Criteria set forth in' 310 CMIt 8.03 and/or other 

substantive and germane information, shall declare an . . 

(a) Air Pollution Episode Alert, . ' , . 

(b) Air Pollution Episide Warning, or 

(c) Air Pollution Incident Emergency. 

4/1/94 310 CMR - 255 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

8.05: continued 

PM 

Alert Warning Emergency SO, OA CO 

Process Steam Generating Facility - " x x 

Boiler lancing ot Bat blowing . 

between 12 AM ='4AM unless notified 

otherwise by the Departrnent ~ x x x - - -

Use of lowest sulfur content fuel ' 

available x x x x 

Use of lowest ash content fuel 

available ' X., x x x - -

, Purchase instead of generate , 

electric power from steam . ' x x x z - -

Make ready for. use of ERP ~ - x , x 

Put ERP into operation - - x _ x - - 

Other Industries 

Boiler lancing or soot blowing ' 

between 12AM - 4PM unless notified 

otherwise by the Departrnent x . x x - - -

Purchase instead, of generate 

electric power . x ,x x x - -

Make ready for ERP - x - _ x' - -

Put ERP into operation x x' - -

Notification of sensitive persons x x x x x x 

. Stop all sandblasting and demolition 

activities ' x x x x 

Stop construction activities that ' , 

generate pollutants x x . x ' x 

The following shall cease operations 

Mining .and quarrying of non-metallic 

~ minerals 

Manufacturing establishments with 

no ERP ' ' 

Wholesale trade establishments 

' Non-essential local, county, state, . 

' and federal offices 

Retail trade establishments 

Banks, credit agencies, etc. 

Domestic services 

Recreational and sporting . 

' Facilities and .events 

Educational institutions 

applies only to Industries ' discharging organics 

x 

x 

- x 

x 

x 

x 

x 

(2) - The Commissioner, with the approval of the Governor, based upon the Department's 

evaluation of such information relative to the ambient air contaminant concentration levels 

as may be available to the Department, meteorological conditions extant, the Criteria set forth 

in 310 CMR 8.03 and/or other substantive and germane information may declare an Air 

Pollution Episode Emergency: 

4/1/94 310 CMR - 256 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

8.05 : continued 

(3) . When an Air Pollution episode or Incident Emergency is declared, the Commissioner 

shall specify the contaminant(s) and portion(s) of the Commonwealth in which said Episodes 

or Incident Emergencies pertain. 

(4) Notice of a declaration of an Air Pollution Episode or Incident Emergency shall be 

made through the News Media to the extent feasible and such other means of conununication 

as the Commissioner deems appropriau. . 

8.06: Termination of Air Polluti6n Episodes and Incident Emergencies 

(1) Whenever an Air Pollution Episode is declared, said level (or status) of episode will 

remain in effect until the criteria for that said level. are no longer being met and, at such time, 

the next lower level '(or status) will be assumed. . 

(2) . When the conditions which occasioned the need'for declaration of an Air Pollution 

Episode or Incident Emergency no longer exist, the Commissioner shall declare a termination. 

8.07: Ernission Reductions Strateaies 

Upon the declaration of an Air Pollution Episode, any person responsible for or having 

control over an ambient air contaminant emisslon source shall implement, to the extent 

possible, any indicated action strategies as listed below for the cpisode level and contaminant 

of concern as declared by the Commissioner. 

PM 

Action Stiate 

Notification to sensitive persons 

APC Regulations in force , 

Open burning variances cancelled 

incinerator use not allowed . 

Request public to voluntarily curtail 

motor vehicle use 

Stop unnecessary motor vehicle 

use 

Electric Power Generating Facilities 

Boiler lancing or soot blowing 

* between 12 AM - 4PM only unless 

notified otherwise by the 

Department' 

Electric Power Generating Facilties ' 

input capacity = 250 MBTU/hr. . 

Use of lowest sulfur content fuel 

available 

Use of lowest ash content fuel ' 

available . 

Power source switching. 

Make ready for use of (ERP) Emission 

Reduction Plan Enact ERP 

Alert W Emergency So, 0' CO 

x x , x x x 

x x x k x 

x x x x x x 

_ x x , x - - 

,x . x - x x 

x x x 

x x x . x 

x x ~x ~ x 

x ' x ' x- , x 

x - 

x . 

4/1/94 310 CMR - 257 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

8.08: Emission' Reduction Plans (ERP) 

(1) Any person responsible for the operation of an emission source asset forth in 310 CMR 

8.07 or any other emission source when specified by the Department in writing shall prepare 

standby Emission Reduction Plans (ERP) to reduce or eliminate emissions -of air 

contaminants. . 

(2) Standby Emission Reduction Plans required by 310 CMR 8.08(1) shall be in writing and 

shall identify the sources of air contaminants, the approximate amount of reduction of 

contaminants, and a brief description of the manner in which the reduction will be achieved. 

(3) ERPs Submittal and Aouroval. 

(a) Standby Plans (ERPs) required by 301 CMR 8.08(2) shall be submitted to the 

Department upon request within. 30 days. of the receipt of such request. 

(b) Standby plans (ERPs) shall be subject to review and alaproval by the Department. 

If, in the opinion of the Department, any ERP is inadequate, the Department shall 

disapprove the plan and request the preparation of an amended plan. The Department 

. shall give the reasons for disapproval and shall require resubmittal of the plan with a 

reasonable period of time as determined by the Department. . 

(4) During a declared Air Pollution'Episode, ~ standby ERPs as,required by 310 CNIIt 8.08(2) 

shall be made available on the premises to any person authorized to enforce the provisions 

of 310 CUR 8.00 and the person responsible for the operation of the emissions source shall 

be responsible for its implementation . , 

(5) Any person responsible for .the operation of a stationary emission source having a 

capability of emitting 100 tons or more per year of sulfur dioxide, nitrogen dioxide, 

particulate matter M, carbon monoxide, or hydrocarbons shall be subject to the provisions 

of 310 CMR 8.08(1), 8.08(2), 8.08(3) and,8.08(4) . 

(6) -Any person subject to the provisions of 310 CMR 8.08(5) shall submit an ERP to the 

Department for the Department's Xeview for approvaL _ . ' 

~ 8._15 : .Air Pollution Incident Emeree(APIE) 

(1) The Commissionex shall declare-an Air Pollution Incident Emergency if in his opinion, 

such is deemed advisable to prevent or abate a 'condition or impending condition which 

constitutes a present or rbasonably ~imminenGt danger to the public health. 

(2) By nature -of Air Pollution Incident Emergencies, as defined, APIE's do not . lend 

themselves to specific pre-planned strategles .for the specific emission sources as in the case 

of Air Pollution Episodes. . . , 

(3) Upon declaration of am Air Pollution Incident . Emergency the Commissioner,or his 

designee shall assume and exercise such authority and pibwers as are provided in M.G.L. 

c. 111', $ 213 as amended, and as the Commissioner or his designees may deem necessary to 

.effect a prevention or an abatement of the conditions which occasioned his declaration of the 

APTE. . ' . '. 

(4) Appropriate agencies of the Commonwealth and political subdivisions thereof shall 

cooperate with the' Commissioner and his designees in efforts to effect the prbvention or 

abatement of the Air Pollution Incident Emergency. 

(5) ' Steps taken by any person to effect or assist in the prevention or abatement of an Air 

Pollution Incident Emergency shall not be proof conclusive in any action to establish 

responsibility for the event or happening that occasioned the AP1E and shall not prejudice his 

rights under the law. 

4/1/94 ' 310 CMR - 258 
310 CMR. DEPARTMENT OF ENVIRONMENTAL PROTECTION 

artment will grant a hearing, upon application in writing 

reconsideraao 

application is made ten days of the receipt of the Or, 

the reconsi 

any person to whom an Order has been i 

force and must be obeyed 

Department. 

'purpose of 

provided that such 

e Order will remain in full 

on process unless modified by the 

cial of any police department or agency, fire department eney, or health 

icy of the Commonwealth or political subdivision thereof is hereby authoriz to~enforce, 

as provided for in M.G.L. c. 111, § 2B or 142B, 310 CMR 8.07, 8.08(4) and 8.09. 

8.30:Sev_erability 

~ Each of section of 310 CMR 8.00 shall be construed as separate to the end that if any 

regulation or sentence, clause, or phrase thereof shall be held invalid for any reason, the 

remainder of 310 CMR 8.00 and all other regulations shall continue in full force. 

M.G.L. c. IIT; 

or his designee for relief froni 

designee finds that the 'co_ 

unnec 

Commissioner 

Fe-r . If the Commissioner or his 

ole or in part is unreasonable or 

may terminate or 

.REGULATORY AUTHORTTY ' 

310 CMR 8.00: M.G.L. c. 111, § 2B. 

4/1/94 ' 310 CMR - 259 
310 CMR; 1}EPART'NIENT OF ENV1RONIv1ENTAL PROTECITON 

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4/1/94 310 CMR - 260