310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTiON 

### 310 CMR 8.00: ' . THE PREVENTIONAND/ORABATEMENT OFAIRPOLLUTION 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 : H eafifip-- ' ' .

. 8.30: Severability

. 8.9lr-Rcfief- . 8.01 : Introduction

Thepurposeof310CMR8 .00is to prevent ambient aircontanrninant concentrations at any location in the Commonwealth from reaching levels whichwould constitute significant harm, or imminent and substantial endangerment to thehealth of persons. . Thelevels which would constitute significant harm, or imniinent and substantial endangerment, to the'health of persons as have been defined by the Administratorof the Environmental Protection Agency are set forth in Table 1 . - 

### TABLE 1 . CONTAMINANT CONCENTRATION LEVELS Prescribed by theEPAAdministratoras wouldcausesignificant 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

### 310CIvIR : 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 meansany substance or man-made physical phenomenon in theambient 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, anycombination thereof, or any decay or reaction .product thereof. Air Contaminant Source means any place at or fromwhich any aircontaminant 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) meansthat degree of Air Pollution Episode which meets the criteria fordeterminationof anAir Pollution EpisodeAlertas'setforth in 310CMR8 .03. Air Pollution Evisode Emeracncv (APEE) means that degree of Air Pollution Episodewhich meets the criteria for determination of an Air Pollution Episode Emergency as set forth in 

### 310 CMR 8

.03 . Air Pollution Eui .sodeWaririnft .(APEMmeans that degree of Air Pollution Episode which meets the criteria for determination of an Air Pbllution Episode ,Warning as set forth in 310CMR 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, issuedby the National Weather Service, relative to meteorological conditions that are predicted to be manifesf for 36'hours oi more and to be characterized by poorventilation 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 - 252310 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, butis 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

enforcementagency, fire fighting agency, or anyother 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 50of CFRand designated in accordance with Part 53 or by an equivalent method designated in part 53. ' 8 .03: Ai r 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 anyplaceis 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 concentrationof pollutants at which first stage control

, actions is to begin . An Alert will be declared when any.. one of the levels listed in 310CMR 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 warninglevel indicatesthat airquality is continuing todeteriorate and that additional control actions are necessary. Awaming 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 abovelevels for-12or more hours. (d) Emergency. The' emergency level indicates that air quality is continuing to '

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

- . stringent control actions arenecessary . An emergencywill 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 forthat 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 aretaken, ambientsircontaminant 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 emissionsaretaken, ambient . air contaminant levels will remain at or in excess of the above levels for 12 or more hours.~

4/1/94 310 CMR - 254310 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 aresuch that the Department is of the opinion that ambientair 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, weatherforecasi,ambient ' air contaminant concentration levels observed, and anticipatedweather-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) TheCommissioner, 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 EpisideWarning, or (c) Air Pollution Incident Emergency .



### 4/1/94 310 CMR - 255310 CMR : DEPARTM

ENT OF ENVIRONMENTAL PROTECTION 8 .05 : continued PM Alert Warning Emergency SO, OA CO Process SteamGenerating Facility - " x x Boiler lancing otBat 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 fromsteam . ' x x x z - - Make ready for.use of ERP ~ - x , x Put ERPinto 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 ERPinto 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 availableto the Department, meteorological conditions extant, the Criteria setforth in 310 CMR 8

.03 and/or other substantive and germane information may declare an Air Pollution Episode Emergency :



### 4/1/94 310 CMR- 256310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 

### 8 .05: continued

(3) . When an Air Pollution episode or Incident Emergency is declared, the Commissioner shall specifythe 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 forthat said level . are no longer beingmet 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 Episodeor Incident Emergencyno longer exist, the Commissioner shall declareatermination. 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, anyindicated action strategies as listed below for thecpisode level and contaminant of concern as declared by the Commissioner. 

### PM Action Sti ate Notification to sensitive persons APCRegulations in force , Open burning variances cancelled incinerator use notallowed . Request public tovoluntarily 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 310CMR- 257

### 310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 8.08: Emission' Reduction Plans (ER P) (1) Any person responsible for the operation ofan emission source assetforth in 310CMR 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 ReductionPlans required by 310CMR8 .08(1) shall be in writing and shall identify the sources of air contaminants, the approximate amount of reduction of contaminants, and abrief description of the manner in which thereduction 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.30days. of the receipt of such request. (b) Standby plans (ERPs) shall be subject to reviewand 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 adeclared Air Pollution'Episode, ~standby ERPs as,required by 310CNIIt 8.08(2) shall be made available on the premises to any person authorized to enforce the provisions of 310 CUR8.00and theperson responsible for the operation of theemissions 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 310CMR8

.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 Emere e(APIE) (1) The Commissionex shall declare-an Air Pollution Incident Emergency ifin 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 amAir 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 hisdesignees may deemnecessary to .effect a prevention or an abatementof the conditions which occasioned hisdeclaration 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 eventor happeningthat occasioned theAP1E 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 thereceiptof 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 orpolitical 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 310CMR 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 CMR8.00and 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 NON-TEXT PAGE .

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4/1/94 310 CMR- 260