Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

1

Amend 310 CMR 7.00: DEFINITIONS as follows:

SULFUR IN FUEL - for the purpose of 310 CMR 7.05, sulfur in fuel is as follows:

(a) Oil

2.2% sulfur content = 1.21 pounds of sulfur per million Btu heat release potential

1% sulfur content = 0.55 pounds of sulfur per million Btu heat release potential

0.5% sulfur content = 0.28 pounds of sulfur per million Btu heat release potential

(b) Coal

1.57% sulfur content = 1.21 pounds of sulfur per million Btu heat release potential

(assuming 13,000 Btu per pound)

0.72% sulfur content = 0.55 pounds of sulfur per million Btu heat release potential

(assuming 13,000 Btu per pound)

0.36% sulfur content = 0.28 pounds of sulfur per million Btu heat release potential

(assuming 13,000 Btu per pound)

Amend 310 CMR 7.05: U Fuels All Districts as follows:

7.05: U Fuels All Districts

(1) Sulfur Content of Fuels. (except natural gas)

(a) Maximum Sulfur Content of Fuel.

1. No person owning, leasing or controlling the operation of a fossil fuel utilization

facility shall cause, suffer, allow or permit the burning therein of any liquid fossil fuel 

having a sulfur content in excess of that listed in 310 CMR 7.05(1)(a)1.: Table 1 and in 

accordance with the timelines listed in 310 CMR 7.05(1)(a)1.: Table 1, and/or of any 

solid fossil fuel having a sulfur content in excess of that listed in 310 CMR 7.05(1)(a)1.:

Table 2, except as provided in 310 CMR 7.05(1)(b). 

2. On and after July 1, 2014, no person owning, leasing or controlling the operation of an 

indirect heat exchanger with an energy input capacity equal to or greater than 250

MMBtu per hour providing steam to a steam-electric generator that produces electrical 

energy for sale shall cause, suffer, allow or permit the burning therein of any residual fuel 

oil having a sulfur content in excess of 0.28 pounds per million Btu heat release potential 

(i.e., 0.5% sulfur content by weight), except as provided in 310 CMR 7.05(1)(b). 
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

2

310 CMR 7.05(1)(a)1.: Table 1: Sulfur Content Limit of Liquid Fossil Fuel

District/Area Fuel

Heat Release 

Potential, lb/MMBtu

Percent by Weight

(parts per million, 

ppm)

Applicability

Date

Statewide Distillate Oil 0.17 0.3%

(3,000)

Prior to July 1, 

2014

Statewide Distillate Oil Not applicable 0.05%

(500)

July 1, 2014 

through June 30, 

2018

Statewide Distillate Oil Not applicable 0.0015%

(15)

On and after

July 1, 2018

Berkshire APCD Residual Oil 1.21 2.2% June 23, 1975

Cities and Towns of 

Arlington, Belmont, 

Boston, Brookline, 

Cambridge, Chelsea, 

Everett, Malden, 

Medford, Newton

Somerville, Waltham, 

and Watertown

Residual Oil 0.28 0.5% October 1, 1970

Merrimack Valley APCD

(Except City of 

Lawrence and Towns of 

Andover, North Andover, 

and Methuen)

Residual Oil 1.21 2.2%

(1.0%)

Prior to July 1, 

2014

Merrimack Valley APCD Residual Oil 0.55 1.0% July 1, 2014 

through June 30, 

2018

Remainder of State Residual Oil 0.55 1.0% Prior to July 1, 

2018

Statewide except 

Berkshire APCD

Residual Oil 0.28 0.5% On and after

July 1, 2018
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

3

310 CMR 7.05(1)(a)1.: Table 2: Sulfur Content Limit of Solid Fossil Fuel

District/Area Fuel

Heat Release 

Potential, lb/MMBtu Percent by Weight

Berkshire APCD and 

Merrimack Valley

APCD, except City of 

Lawrence and Towns of 

Andover, North 

Andover, and Methuen

Coal 1.21 1.57%

Cities and Towns of 

Arlington, Belmont, 

Boston, Brookline, 

Cambridge, Chelsea, 

Everett, Malden, 

Medford, Newton

Somerville, Waltham, 

and Watertown

Coal 0.28 0.36%

Remainder of State, 

including City of 

Lawrence and Towns of 

Andover, North 

Andover, and Methuen

Coal 0.55 0.72%

(b) Exceptions.

1. Any person with an existing approval issued by the Department that allows the 

burning of fossil fuel oil with a sulfur content in excess of the limits in 310 CMR 

7.05(1)(a)1.: Table 1 may burn such fuel in compliance with the Department’s approval 

until July 1, 2014. Beginning on July 1, 2014, such person shall comply with the fuel oil 

sulfur content limits in 310 CMR 7.05(1)(a)1.: Table 1, except as provided in 310 CMR 

7.05(1)(b)2. or 310 CMR 7.05(1)(b)3.

2. Any person owning, leasing or controlling the operation of a fossil fuel utilization 

facility may burn any existing stock of fossil fuel oil at the facility, but shall not accept 

delivery of fuel with a sulfur content in excess of the limits in 310 CMR 7.05(1)(a)1.:

Table 1 on or after the applicable date(s) in 310 CMR 7.05(1)(a)1.: Table 1, except as 

provided in 310 CMR 7.05(1)(b)3.

3. The sulfur content limits in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 shall not apply

to a facility whose owner or operator has applied for and received approval from the 

Department and EPA of a plan whereby use of a fuel with a sulfur content in excess of 

the limits in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 would cause no greater 

emissions of sulfur compounds into the ambient air than if the applicable sulfur content 
Please note that some provisions of this regulation are shown in strikeout for the sole purpose of 

showing what provisions are not incorporated into the Massachusetts Regional Haze State 

Implementation Plan (SIP). The provisions in strikeout remain a part of the regulation and 

continue to be state enforceable.

4

fuel in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 were used. The plan must be

approved by the Department, in writing, and any conditions attached to the Department’s 

approval must be agreed to by the applicant, in writing.

4. Approval granted under the provisions of 310 CMR 7.05(1)(b)1. or 3. may be revoked 

by the Department for cause or when in its opinion revocation is necessary to prevent or 

abate a condition of air pollution.

(5) Fuel Suppliers.

(a) No person shall ship or deliver in intrastate commerce to any person for burning or 

reshipment for burning, any fuels with a sulfur content in excess of those specified in 310 

CMR 7.05(1)(a)1., except that such shipment may be provided when:

1. Use of such fuel has been approved by the Department in writing;

2. Such approval has been verified by the shipper; and

3. Record of such shipment shall be retained for two years and the record shall be made 

available to the Department for its review and inspection during customary business 

hours.

(b) Any person supplying in intrastate commerce for burning or for reshipment for burning, 

fuel oil of a grade No. 2 or greater or coal shall keep and maintain records showing the 

quantities of the fuels handled and analyses showing the Btu value, sulfur content, nitrogen 

content (required only for residual fuel oils), viscosity, and ash content of said fuels and 

make such records available to the Department for its review and inspection during 

customary business hours.

(c) Any person supplying residual fuel oil in intrastate commerce shall provide certification of 

the nitrogen content of the oil to its customers as determined by the applicable ASTM method or 

any other method approved by the Department and EPA.

(d) Shippers and distributors of fossil fuels shall provide evidence, to the satisfaction of 

customer-users, of the ash content of fuels supplied.

(6) All fuel analyses to be performed by or for distributors, suppliers or users of fuels, for 

purposes of 310 CMR 7.00, shall be performed in accordance with the applicable ASTM method

or any other method approved by the Department and EPA.