310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION

Table o_fContents 310CMR 9

.00 : WATERWAYS (continued) Page Section 9.40

: Standards for Dredging and Dredged Material Disposal 309 Section 9.51 : Conservation of Capacity for Water-Dependent Use 310 Section 9.52: Utilization of Shoreline for Water-Dependent Purposes 313 Section 9.53: Activation of Commonwealth Tidelands for Public Use 313 Section 9.54: Consistency with Coastal Zone Management Policies 316 Section 9.55: Standards for Nonwater-Dependent Infrastructure Facilities 316 310 CMR 10

.00 : WETLANDS PROTECTION 317 All Wetlands Section 10.01 : introduction and Purpose 324 Section 10

.02 : Statement of Jurisdiction 324 Section 10

.03: General Provisions 327 Section 10.04: Definitions 331 Section 10.05: Procedures 344 Section 10.06

: Emergencies 352 Section 10.07: Compliance with M .G.L. c . 30, § 61 through 62H 354 Section 10.08: Enforcement Orders 354 Section 10.09: Severability 354.1 Section 10

.10 : Effective Date 354.1 Coastal Wetlands Section 10.21 : Introduction 355 Section 10

.22: Purpose 355 Section 10.23: Additional Definitions for 310 CMR 10 .21 through 10

.37 356 Section 10.24: General Provisions 356 .1 Section 10.25: Land Under the Ocean 360 Section 10.26

: Designated Port Areas 362 Section 10

.27: Coastal Beaches 363 Section-10

:28: Coastal Dunes 365 Section 10

.29: Barrier Beaches 366 Section 10.30

: Coastal Banks 367 Section 10.31 : Rocky Intertidal Shores 368 Section 10.32: Salt Marshes 369 Section 10.33: Land Under Salt Ponds 370 Section 10.34:_ Land Containing Shellfish 371 Section 10.35: Banks of or Land Under the Ocean, Ponds, Streams, Rivers, Lakes

or Creeks that Underlie Anadromous/Catadromous ("Fish Run") 373 (Section 10.36: Reserved: Variance provision is found at 310 CMR 10 .05(10)) 374 Section 10.37: Estimated Habitats of Rare Wildlife (for coastal wetlands) 374 Inland Wetlands Section 10.51 : Introduction 375 Section 10

.52: Purpose 375 Section 10

.53: General Provisions 376 Section 10.54: Bank (Naturally Occurring Banks and Beaches) 383 Section 10.55: Bordering Vegetated Wetlands (Wet Meadows, Marshes, Swamps

and Bogs) Section 10.56

: Land under Water Bodies and Waterways (Under any Creek, River, 3-85 Stream, Pond or Lake) 388 Section 10.57: Land Subject to Flooding (Bordering and Isolated Areas) 389 Section 10.58: Riverfront Area 393 Section 10.59

: Estimated Habitats of Rare Wildlife (for inland wetlands) 402 Section 10

.60 : Wildlife Habitat Evaluations 403

12/28/07 310 CMR - 4.1310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION NON-TEXT PAGE

12/27/96 ~ , 310CIVIR - 4 .2310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION

Tableof Contents Page 310 CMR44.00

: DEP SELECTION, APPROVAL AND REGULATION OF WATER POLLUTIONABATEMENT PROJECTS RECEIVINGFINANCIAL ASSISTANCE FROM

THE STATE REVOLVING FUND 2169 Section 44.01 : Authority 2169 Section 44.02: Put-pose 2169 Section 44.03: Definitions 2169 Section 44.04: Eligible Projects 2172 Section 44.05: Priority System 2173 Section 44

.06 : Project Selection Criteria 2174 Section 44.07: Eligible Project Costs 2176 Section 44.08: Planning Requirements 2177 Section 44.09: Environmental Reviewand Federal Cross-cutter Requirements 2178 Section 44.10

: Affirmative Action and Minority/Women Business Enterprise Requirements 2178 Section 44

.11 : Project Approval and Regulation 2178 310 CMR45.00

: DEPSELECTION, APPROVAL AND REGULATION OF DRINKING WATER PROJECTS RECEIVING FINANCIAL ASSISTANCE FROM

THE STATE REVOLVINGFUND 2181 Section 45.01 : Authority and Effective Date 2181 Section 44.02: Purpose and Applicability 2181 Section 45.03: Definitions 2181 Section 45.04: Eligible Projects 2183 Section 45

.05: Priority System 2184 Section 45.06

: Project Selection Criteria 2186 Section 45.07: Eligible Project Costs 2187 Section 45.08: Project Evaluation Report 2188 Section 45.09: Environmental Reviewand Federal Cross-Cutter Requirements 2188 Section 45.10

: Affirmative Action and Minority/Women Business Enterprise Requirements 2188 Section 45.11 : Project Approval and Regulation 21,89 (310 CMR46

.00THROUGH 49.00

: RESERVED) 2191 310 CMR 50.00

: TOXICS USE REDUCTION 2201 Section 50.01 : Authority 2201 Section 50.02: Purpose 2202 Section 50.03: Severability 2202 Section 50.04: Noncompliance with 310 CMR 50 .00 2202 Section 50

.05: Computation of Time 2202 Section 50

.10 : Definitions 2203 Section 50.20

: Rules for Determining Amount of Toxic Substance Manufactured, Processed, or Otherwise Used 2209 Section 50.21 : Duty to Provide Information 2211 Section 50.30

: Toxics Use Reports 2212 Section 50

.31 : Applicability 2212 Section 50.32

: Reporting Requirements 2212 Section 50.33: Content of Report 2213 Section 50.34

: Toxics Use Fee Worksheet 2214 Section 50.35: Other (Reserved) 2214 Section 50

.36 : Recordkeeping Requirements 2214 Section 50

.40 : Toxics Use Reduction Plans 2215 Section 50

.41 : Applicability and Schedule 2215 Section 50

.42: General Plan Requirements 2216 Section 50

.43: Facility-wide Information Required in Each Plan 2217 Section 50

.44: Production Unit Information Requiredin Each Plan 2218 12/28/07 310CMR- 35310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION

Table of_Contents 310CMR 50

.00 : TOXICS USE REDUCTION (continued) PaZe Section 50.45: Procedures for Identifying Potential Toxics Use Reduction Techniques 2219 Section 50.46

: Technical Evaluation of Toxics Use Reduction Techniques 2219 Section 50.46A

: Economic Evaluation of Toxics Use Reduction Techniques 2220 Section 50.47: Plan Summary 2221 Section 50.48: Plan Updates 2221 Section 50.50

: Toxics Use Reduction Planners 2221 Section 50.51 : Required Skills for Certification as a Toxics Use Reduction Planner 2221 Section 50.52: Work Experience Requirements for All Toxics Use

Reduction Planners 2222 Section 50

.53: General Application Requirements and Procedures 2222 Section 50

.54: Exam-track Application Procedure 2223 Section 50

.55: Certification through Experience in Toxics Use Reduction Activities 2223 Section 50.56

: Certification of Toxics Use Reduction and Resource Conservation Plans 2224 Section 50.57: Disclosure Requirements - 2224 Section 50.58: Receitification Renewal 2224 Section 50.59: Procedure Governing Disciplinary Proceedings 2226 Section 50.60

: Appeal Rights and Procedures 2227 Section 50.61 : Procedures for Reviewing the Uniform Certification Examination 2227 Section 50.62: Requirements for Toxics Use Reduction Planners to Certify

Environmental Management Systems 2228 Section 50.63: Requirements for ToxicsUse Reduction Planners to Certify

Resource Conservation Plans . 2228 Section 50.70

: User Segments 2228 Section 50.71 : Criteria for Establishing User Segments 2228 Section 50.72: List of User Segments 2229 Section 50

.80 : Environmental Management Systems 2230 Section 50

.81 : Applicability and Schedule 2230 Section 50.82: Requirements for an Environmental Management System 2230 Section 50.83: EMS Progress Report 2231 Section 50.84: Certification of an EMS Progress Report 2231 Section 50.90

: Resource Conservation Plans 2232 Section 50.91 : Applicability and Schedule 2232 Section 50.92: General Resource Conservation Plan Requirements 2233 Section 50.93: Facility-wide Information Required in Each Resource

Conservation Plan 2234 Section 50

.94 : Information Required for Selected Operations in Each Resource Conservation Plan 2234 .1 Section 50

.95: Procedures for Identifying Resource Conservation Techniques 2234 .1 Section 50,96: Technical Evaluation of Resource Conservation Techniques 2234.1 Section 50

.96A: Economic Evaluation of Resource Conservation Techniques 2234,2 Section 50.97: Resource Conservation Plan Summary 2234.2 (310 CMR 51 .00 through 59.00 : Reserved) 2235 310CMR 60.00

: AIRPOLLUTIONCONTROL FORMOBILE SOURCES 2301 Section 60.01 : General Regulations to Prevent Air Pollution 2301 Section 60.02: Enhanced Vehicle Emissions Inspection and Mainteance 2301 Section 60.03: U Conformity to the State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U .S .C . or the Federal Transit Act 2325 Section 60

.04: MB City of Cambridge Vehicle Trip Reduction Program 2357 (310 CMR 61 .00THROUGH 69 .00 : RESERVED) 2401 12/28/07 310 CMR - 36310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION

Table of Contents Paee 310 CMR 70.00: ENVIRONMENTAL RESULTS PROGRAM CERTIFICATION 2461 Section 70

.01 : Purpose and Authority 2461 Section 70

.02: Definitions 2461 Section 70

.03: Compliance Certification Requirements 2462 Section 70.04: Violations of 310CMR70.00 2464 310CMR71 .00

: INDUSTRIAL WASTEWATER REGULATIONS FOR PHOTOPROCESSORS 2485 Section 71 .01 : Purpose and Authority 2485 Section 71 .02: Definitions 2485 Section 71 .03: Applicability 2486 Section 71 .04: Performance Standard for Photo Processors and Printers With

Equivalent POTW

Permits 2486 Section 71 .05: Performance Standard for Photo Processors and Printers Without Equivalent POTW

Permits That Discharge or Ship Industrial Wastewater to a POTW 2486 Section 71 .06

: Supplemental Requirements for Photo Processors and Printers 2487 Section 71 .07: Compliance Certification for Photo Processors and Printers 2489 310 CMR72.00

: INDUSTRIAL WASTEWATER STANDARD FOR DRY CLEANERS 2511 Section 72.01 : Purpose and Authority 2511 Section 72

.02: Definitions 2511 Section 72.03: Applicability 2511 Section 72

.04: Performance Standard for Dry Cleaners 2511 Section 72.05: Compliance Certification for Dry Cleaners 2513 310 CMR73.00

: AMALGAM

WASTEWATER ANDRECYCLING REGULATIONS FOR DENTAL FACILITIES 2515 Section 73.01 : Purpose and Authority 2515 Section 73.02: Definitions 2515 Section 73.03: Applicability 2516 Section 73.04

: Amalgam

Separator Requirements 2516 Section 73.05: Operational Standards 2517 Section 73

.06 : Recordkeeping. 2517 Section 73.07: Compliance Certification Requirements for Dental Facilities 2517 310 CMR 74.00

: REMOVAL AND RECYCLING OF MERCURY-ADDED COMPONENTS INVEHICLES 2519 Section 74.01 : Purpose and Authority 2519 Section 74

.02: Definitions 2519 Section 74.03: Applicability 2520 Section 74.04: Requirements for the Removal of Mercury-added Components

Before Crushing 2520 Section 74.05: Prohibition on the Sale of Mercury-added Switches in Vehicles 2521 Section 74.06

: Plans for Proper Removal, Recovery, and Recycling of Mercuryadded Switches from

End-of-life Vehicles 2521 Section 74

.07: Measuring Recycling of Mercury-added Vehicle Switches 2522 Section 74

.08: Recordkeeping 2523 Section 74

.09: Submittal of Compliance Certifications and Reports to the Department 2523

12128/07 310CMR- 37310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION

Table of Contents Page 310 CMR 75.00

: COLLECTION AND RECYCLING OF MERCURY-ADDED PRODUCTS 2525 Section 75 .01 : Purpose and Authority 2525 Section 75 .02

: Definitions 2525 Section 75.03: Applicability 2526 Section 75.04

: Plans for Collecting and Recycling Mercury-added Products 2526 Section 75.05: Collection and Recycling of Mercury-added Lamps 2529

(PAGES 39 AND40 ARE RESERVED FORFUTURE USE)

12/28/07 310 CMR- 38310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.00: continued Massachusetts Cities & Towns with corresponding DEP Regional Offices and Air Pollution Control Districts Citv/rown Region

, District City/-Town Region District A C Abington SE MB Cambridge NE MB Acton C MB Canton S MB Acushnet SE SM Carlisle NE MV Adams W B Carver SE SM Agawam W PV Charlemont W PV Alford W B Charlton C CM Amesbury NE MV Chatham SE SM Amherst W PV Chelmsford NE MV Andover NE MV Chelsea NE MB Arlington NE MB Cheshire W B Ashburnham C CM Chester W PV Ashby C CM Chesterfield W PV Ashfield W PV Chicopee W PV Ashland NE MB Chilmark SE SM Athol W CM Clarksburg W B Attleboro SE SM Clinton C CM Auburn C CM Cohasset S MB Avon SE MB Colrain W PV Ayer C MV Concord NE MB Conway W PV B Cummington W PV Barnstable SE SM D Barre C CM Becket W B Dalton W B Bedford NE MB Danvers NE MB Belchertown W PV Dartmouth SE SM Bellingham C SM Dedham NE MB Belmont NE MB Deerfield W PV Berkley SE SM Dennis SE SM Berlin C CM Dighton SE SM Bernardston W PV Douglas C CM Beverly NE MB Dover NE MB Billerica NE MV Dracut NE MV Blackstone C CM Dudley C CM Blandford W PV Dunstable C MV Bolton C MB Duxbury SE MB Boston NE MB Bourne SE SM E_ Boxborough C MB Boxford NE MV E . Bridgewater SE MB Boylston C CM E. Longmeadow W PV Braintree S MB E . Brookfield C CM Brewster SE SIv1 Eastham SE SM Bridgewater SE MB Easthampton W PV Brimfield W PV Easton SE MB Brockton SE MB Edgartown SE SM Brookfield C CM Egremont W B Brookline NE MB Erving W PV Buckland W PV Essex NE MB Burlington NE MB Everett NE MB

12/28/07 310CMR- 167310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.00 : continued City/Town Region District Citv/Town Re ion District

_F I Fairhaven SE SM Ipswich NE MB Fall River SE SM Falmouth SE SM _K Fitchburg C CM Florida W B Kingston SE SM Foxborough SE SM Framingham NE MB _L Franklin C SM Freetown SE SM Lakeville SE SM Lancaster C CM G Lanesborough W B Lawrence NE MV Gardner C CM Lee W B Gay Head SE SM Leicester C CM Georgetown NE MV Lenox W B Gill W PV Leominster C CM Gloucester NE MB Leverett W PV Goshen W PV Lexington NE MB Gosnold SE SM Leyden W PV Grafton C CM Lincoln NE MB Granby . W PV Littleton C MV Granville W PV Longmeadow W PV Greenfield W PV Lowell NE MV Groton C MV Ludlow W PV Groveland NE MV Lunenburg C CM Gt . Barrington WB Lynn NE MB

H Lynnfield NE MB Hadley W PV M Halifax SE SM Malden NE MB Hamilton NE MB Manchester NE MB Hampden W PV Mansfield SE SM Hancock W B Marblehead NE MB Hanover SE MB Marion SE SM Hanson SE MB Marlborough C MB Hardwick W CM Marshfield SE MB Harvard C CM Mashpee SE SM Harwich SE SM Mattapoisett SE SM Hatfield W PV Maynard C MB Haverhill NE MV Medfield C MB Hawley W PV Medford NE MB Heath W PV Medway C SM Hingham S MB Melrose NE MB Hinsdale W B Mendon C CM Holbrook S MB Merrimac NE MV Holden C CM Methuen NE MV Holland W PV Middleborough SE SM Holliston C MB Middlefield W PV Holyoke W PV Middleton NE MB Hopedale C CM Milford C SM Hopkinton C MB Millbury C CM Hubbardston C CM Millis C MB Hudson C MB Millville C CM Hull S MB Milton NE MB Huntington W PV 12/28/07 310CMR- 168310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.00 : continued City/Town Region District Ci , /Town Region District Monroe W PV Plainfield W PV Monson W PV Plainville SE SM Montague W PV Plymouth SE S1V1 Monterey W B Plympton SE SM Montgomery W PV Princeton C CM Mt . Washington W B Provincetown SE SM

N Q N . Attleborough SE SM Quincy NE MB N . Brookfield C CM N . Reading NE MB _R Nahant NE MB Nantucket SE SM Randolph S MB Northampton W PV Raynham SE SM Northborough C CM Reading NE MB Natick . NE MB Rehoboth SE SM Needham NE MB Revere NE MB New Salem W PV Richmond W B New Braintree C CM Rochester SE SM New Ashford W B Rockland SE MB New Marlborough W B Rockport NE MB New Bedford SE SM Rowe W PV Newbury NE MV Rowley NE MV Newburyport NE MV Royalston W CM Newton NE MB Russell W PV Norfolk C MB Rutland C CM North Adams W B North Andover NE MV _S Northbridge C CM Northfield W PV Salem NE MB Norton SE SM Salisbury NE MV Norwell SE MB Sandisfield W B Norwood S MB Sandwich SE SM Saugus NE MB Savoy W B Scituate SE MB Oak Bluffs SE SM Seekonk SE SM Oakham C CM Sharon SE MB Orange W PV Sheffield W B Orleans SE SM Shelburne W PV Otis W B Sherborn NE MB Oxford C CM Shirley C CM Palmer W PV Shrewsbury C CM Paxton C CM Shutesbury W PV Peabody NE MB Somerset SE SM Pelham W PV Somerville NE MB Pembroke SE MB South Hadley W PV Pepperell C MV Southampton W PV Peru W B Southborough C MB Petersham W CM Southbridge C CM Phillipston C CM Southwick W PV Pittsfield W B Spencer C CM

12/28/07 310 CMR- 169310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.00 : continued City/Town Region District it /Town Region District Springfield W PV Watertown NE MB Sterling C CM Wayland NE MB Stockbridge W B Webster C CM Stoneham NE MB Wellesley NE MB Stoughton SE MB Wellfieet SE SM Stow C MB Wendell W PV Sturbridge C CM Wenham NE MB Sudbury NE MB W . Brookfield C CM Sunderland W PV W . Stockbridge W B Sutton C CM W . Springfield W PV Swampscott NE MB West Newbury NE MV Swansea SE SM W . Bridgewater SE MB West Tisbury SE SM T_ West Boylston C CM Westborough C CM Taunton SE SM Westfield W PV Templeton C CM Westford N MV Tewksbury NE MV Westhampton W PV Tisbury SE SM Westminster C CM Tolland W PV Weston NE MB Topsfield NE MB Westport SE SM Townsend C CM Westwood NE MB Truro SE SM Weymouth S MB Tyngsborough N MV Whately W PV Tyringham W B Whitman SE MB Wilbraham W PV U_ Williamsburg W PV Williamstown W B Upton C CM Wilmington NE MB Uxbridge C CM Winchester NE MB Winchendon C CM Windsor W B Winthrop NE MB Wakefield NE MB Woburn NE MB Wales W PV Worcester C CM Walpole S MB Worthington W PV Waltham NE MB Wrentham SE SM Ware W PV Wareham SE SM _Y Warren W CM Warwick W PV Yarmouth SE SM Washington W B PREAMBLE

The purpose of 310 CMR 7 .00 is to prevent the occurrence of conditions of air pollution where such do not exist and to facilitate the abatement of conditions of air pollution where and when such occur . They are designed to attain, preserve, and conserve the highest possible quality of the ambient air compatible with needs of society.

12/28/07 310 CMR- 170310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.02: continued 23. Ownership. Achange in facility ownership, provided that theDepartment is notified

in writing of the ownership change within 60days of the effective date of the change. 24. Plan Approval b, Rule. Anemission unit listed in 310CMR 7.03 provided that the emission unit fully conforms to the design, operation, maintenance, and record keeping requirements of 310,CMR7.03. 25. Plumbing. Plumbing soil stacks or vents. 26 . Pressure Relief Devices. Safety pressure relief devices associated with emission units having plan approvals, unless otherwise required by the Department . 27. Relocation of Approved Equipment . Relocation of any previously approved equipment provided that the equipment is relocated within the facilityor to a contiguous property and provided that the relocated equipment does not cause or contribute to a condition of air pollution . 28. Thermal and Catalytic Oxidizers. Aprocess emission oxidizer or afterburner with a rated capacity of less than 40,000,000 Btu per hour using natural gas and installed on a previously approved facility or on a new facility which otherwise meets the plan approval exemptions provided in 310 CMR7.02(2) . This exemption is only available where the air pollution control equipment is not otherwise required by regulation, and the air pollution control equipment does not replace existing air pollution control equipment required by plan approval or regulation. Flares are not eligible under this exemption

. Persons installing thermal or catalyticoxidizers as allowedby this exemption shall notify the Department, within 60 days of installation, that oxidizers have been - installed . 29. Turbines and Reciprocating-Engines. a. Prior to March 23, 2006, an individual internal combustion engine including a combustion turbine or reciprocating engine having an energy inputcapacity less than 3,000,000 Btu per hour or an internal combustion engine regulated by EPAas a nonroad engine pursuant to 40 CFR 89, 90, 91, and 92. b. On and after March 23, 2006, an individual internal combustion engine including a combustion turbine or reciprocating engine installed and operated in compliance with 310CMR

7.26(40) through (44), or an internal combustion engine regulated by EPAas a non-road engine pursuant to 40 CFR 89, 90, 91, and 92. 30 . Wastewater Treatment . Wastewater treatment and/or pumping facilities with average daily input flows of less than 50,000 gallons per day, and that treat sanitary sewage exclusively

. 31 . Water Treatment . Water treatment systems for process cooling water or boiler feed water . 32 . RACT, Organic Material Storage and Distribution. ERP or NOx Allowance Program . Contruction, substantial reconstruction or alteration required to comply with the requirements of 310 CMR7.18, 7.19, 7.24, 7.26, 7.27 or 7.28. This exception does not apply to any boiler complying with the repowering provisions of 310 CMR 7 .19(4)(b), any printer complying with 310 CMR7.26(23)(a)3., or any wood fuel-fired boiler. 33. Actions that Contravene an Issued Plan Approval . Except as provided in 310CMR 7.02(2)(b)33.a. and b

., the construction, substantial reconstruction, or alteration of a facility or emission unit that would contravene an issued plan approval does not require a new plan approval, provided that the planned construction, substantial reconstruction, or alteration does notincrease potential emissions by one tonper year or more above the emission limitation established by the issued plan approval . Persons constructing, substantially reconstructing or altering a facility or emission unit as allowed by this exemption shall notify the Department within 30 days of any such action. In order to determine applicability under 310 CMR 7.02(2)(b)33., emissions shall be calculated based on the increase in potential emissions (as defined in 310CMR 7.00) of theplanned action. Reductions in emissions resulting from reduced utilization or elimination of, emission units cannot be deducted. Products of combustion fromany fuel utilization facility and emissions from an emission unit(s) installed in compliance with 310 CMR 7.03 are not included when calculating an increase in potential emissions. a . Notwithstanding the provisions of 310 CMR7.02(2)(b)33., the provisions of 310 CMR 7.02(4) and 310 CMR 7.02(5) requiring a written plan approval shall apply to any construction, substantial reconstruction, or alteration of a facility or emission unit thatwould contravene those provisions of an issued plan approval that require: i . emission control equipment design specifications ; or 12/28/07 310 CMR - 205310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.02: continued ii . emission control equipment capture and/or destruction efficiency standards; or iii . emission limits (except emission limits per year or rolling 12 month average) ; or ' iv. air contaminant ventilation characteristics such as stack height ; or v. limitations on the VOC/HOCcontent of coatings ; or vi . recordkeeping, monitoring, testing or reporting requirements. b. Where the action would result in an increase in allowable or potential emissions above limits established in an approved RES, the RES must be modified as described in 310 CMR7.02(10) . 34. Biotechnology Laboratory. A laboratory used solely for research, development or support for medical device, drug, or biologic products derived in whole or in part from biotechnology, and such products are either undergoing preclinical research in preparation for, or are the subject of, one of the following U .S. Food and Drug Administration (FDA) regulatory applications or notices: an Investigational New Drug Application, an Investigational Device Exemption Notice, a New Drug Application, premarket approval application, premarket notification pursuant to section 510(k) of the federal Food, Drug and Cosmetic Act (510(k)) and any other product exempted by FDA fromthe 510(k) premarket notification requirement . (c) Exclusions fromExemtions. Notwithstanding the provisions of 310CMR7 .02(2)(a), and 7.02(2)(b), the provisions 310CMR7 .02(4) and 310CMR7.02(5) requiring a written plan approval shallapplyto construction, substantial reconstruction or alteration of a facility or emission unit that: 1 . specifically included in 310 CMR 7.02(4)(a)3. or 4 . ; or 2 . is specifically included in 310CMR7.02(5)(a)5. through 13. ; or 3 . would causeincreases in aggregateemissions above thresholds defined by 310CMR 7.02(6) ; or 4 . would cause or contribute to a condition of air pollution under 310 CMR7.02(7) . (d) ltecord Keel~mg. The owner or operator of a facility or emission unit that is exempt from plan approval shall keep the following records on-site and up-to-date, such that year-todate information is readily available for Department examination upon .request : 1 . Documentation of the date of construction, substantial reconstruction or alteration. 2 . Documentation, including emission calculations, under the specific condition(s) that qualifies the activity for exemption (e .g., size threshold, emissions) . 3. Air pollution control and other equipment performance specifications. 4 . Verification of the overall efficiency of any air pollution control device adequate to support assumptions of emission control equipment capture efficiency (documentation of permanent total enclosures) and destruction/removal efficiency. (e) Renoting. 1 . The owner or operator of a facility subject to the Source Registration reporting requirements of 310CMR7.12, shall report the construction, substantial reconstruction or alteration activities that qualified for exemption in the next required Source Registration. Quantification of emissions from exempt activities is not required unless specifically requestedr 2 . The owner or operator of a facility required to report under 310 CMR7.02(2)(b)33. for contravening the provisions of aplan approval shall submit thereport within 30days of said action. (f) Enforcement . If construction, substantial reconstruction, alteration or operation of an emission unitfor which an exemptionfrom plan approval is claimed, violates any provisions of 310 CMR7.00, the person owning, leasing, operating or controlling the facility will be subject to enforcement under M .G .L. c. 111, §§ 142A and B, and c . 21A §, 16and/or any other relief or remedy provided by law including, but notlimited to, injunctive relief. (3) General Requirements for Plan Approval . (a) General . No person shall construct, substantially reconstruct, alter, or subsequently operate any facility subject to the requirements of 310 CMR 7.02(4) or (5) unless an application for a plan approval has been submitted to the Department and plan approval has beengranted by theDepartment . Procedures and contents of an application for planapproval can be found at 310CMR7.02(4) and 310CMR7.02(5) .

12/28/07 310CMR - 206310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.02 : continued

(b) Department Reviewof Information. The Department will use information submitted pursuant to 310CMR7.02(7)(a) to determine the adequacy and application of existing air pollution control technology at afacility to prevent a condition of air pollution . In addition, the Department's representative, upon presentation of credentials: 1 . Shall haveright of entry to, upon, or through anypremises of any such person in which records required by 310CMR7.02(7)(a) are located, and 2 . May at reasonable times have access to copy any records, inspect any equipment, reviewany documents, and sample any emissions that the owner or operator of the facility is required to sample under 310 CMR7.02(7)(a) . (c) Comnliance Monitoring and Compliance Certification. The Department may require any person to perform

compliance monitoring and submit a compliance certificate subject to the standards of 310CMR7.01(2) . Compliance certifications shall include: 1 . Identification of all applicable requirements that are the basis for certification; 2 . The method used to determine compliance status of the facility; 3 . The compliance status of the facility, and each emission unit; 4 . Whether compliance is continuous or intermittent ; and 5 . Other facts as the Department might require . (d) Plan Approval and Compl-iance Schedule Requirement. If, afterreview of thesubmitted information, the Department determines that the facility is in need of reconstruction, alteration or repair to prevent the facility fromcausing or contributing to a condition of air pollution, the Department may require the person owning, leasing, operating or controlling the facility to submit an application for a CPA under 310CMR7.02(5) . Theplan application required by this section shall be provided to the Department by the deadline specified by the Department and shall contain a proposed compliance schedule subject to Department approval . (e) ContinuingDoerations . The Department may allowthe facility to temporarily continue to operate pending reconstruction or repair provided that the person owning, leasing, operating or controlling the facility complies with all requirements and deadlines of 310 CMR7 .02(7)(d) . (8) Emission Limitations . (a) Emission Limitations in Plan Approvals. The Department's written approval of an LPA or CPA shall include the most stringent emission limitation of the following, as applicable: 1 . Lowest Achievable Emission Rate (LAER) where the construction, substantial reconstruction or alteration is subject to the requirements of Emission Offsets and Nonattainment Review

in 310CMR7.00

: AppendixA

. 2 . Best Available Control Technology (BACT) . BACT is required of all LPAs and CPAs. In no case will BACT be less stringent than any applicable emission limitation contained in a Department regulation (e.g., 310 CMR 7 .05, 7.18, 7.19, and 7.24) or federal regulation (e.g. 40 CFR 60) . BACT may include a design feature, equipment specification, work practice, operatingstandard or combination thereof. (See Definition of BACT in 310CMR7.00.) 3. New Source Performance Standards (NSPS) as defined in 40 CFR Part 60 . 4 . National Emission Standards for Hazardous Air Pollutants (NESHAP) as defined at 40CFRPart 61 . 5. National Emission Standards for Hazardous Air Pollutants for Source Categories as defined at 40 CFR Part 63 (MACT) . 6 . Case by case MACT as determined under 310 CMR 7.02(5)(e) (b) Fuel Switching

. Applicants for conversion of fuel utilization facilities equal to or greater than 100,000,000 Btu per hour from oil or solid fuel to natural gas or dual-fuel oil/natural gas, are not required to provide an assessment of BACT in theapplication for plan approval (LPA or CPA) . Further, this action is not considered a major modification subject to 310 CMR 7.00

: Appendix A provided that the project qualifies as a pollution control project. For the purpose of 310 CMR 7.02(8), a fuel utilization facility is defined as any single boiler, hotoil generator, melt furnace, oven, or similar fuel burningunit as determined by the Department .

9/23/05 310CMR- 213310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 .02 : continued

(c) Emission Limitations for Existing Facilities. Existing facilities must comply with the applicable requirements of 310CMR 7.02(S)(d) through (g) unless subject to more stringent requirements that have been established by plan approval, state regulation or federal requirement (NSPS or NESHAP) as applicable. Under 310CMR7.02(8)(c) through (g), an existing facility is any facility or emission unit that was in operation on or before June 1, 1972 and has not been constructed, substantially reconstructed or altered since that date (See also Definition of Existing Facility in 310 CMR 7.00) . Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Tables 4, 5and 6 . (d) Maximum

Particulate Emission Limits in Areas of Critical Concern . Existing facilities in the communities listed in 310 CMR 7.02: Table 3 shall, at a minimum, meet the particulate emission limits in Table 4unless subject to a more stringent emission limit in a plan approval, state regulation or federal program(e.g. NSPS or NESHAP), as applicable. Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR 7.02: Table 4, 5 and 6 . Adams Amherst Arlington Athol Attleboro Auburn Belmont Boston Boylston Braintree Brookline Cambridge Canton Chelsea Chicopee Dalton Dedham Easthampton East Longmeadow Everett Facility Type Table 3 Fall River Ivlillbury Fitchbucg Milton Gardner Needham Grafton New Bedford Greenfield Newburyport Hadley Newton Haverhill North Adams Holden Northampton Holyoke Orange Lawrence Palmer Lee Peabody Leicester Pittsfield Leominster Quincy Longmeadow Revere Lowell Salem Ludlow Sandwich Lynn Saugus Malden Shrewsbury Medford Somerset Melrose Somerville

Table 4 Size Ferrous Cupola Foundries Production Jobbing NonFerrous Cupola Foundries Municipal, Commercial, Industrial, and Institutional Incinerators Municipal Sewerage Sludge Incinerators Asphalt Batching plants Fossil Fuel Utilization Facility all all all all all all 3 - 250 MMBtu' 250MMBtu or larger

' DSCF - Dry Standard Cubic Foot 'C02 - Carbon Dioxide ' IvIMBtu - Million British Thermal Units Southbridge Springfield Stoneham Taunton Wakefield W altham Ware Watertown Webster West Boylston Westfield West Springfield Weymouth Winchester Winthrop Woburn Worcester Existing unit 0 .06 grains/DSCF' 0 .21 grains/DSCF 0 .06 grains/DSCF 0 .1 grainslscf at 12%

C022 0 .65 gr .lkg dry sludge input 0 .04 gr ./DSCF 0 .121b./MMBtu 0 .121b./MMBtu

12/28/07 310 CMR- 214310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.02: continued Fuel Utilization Facilities Solid Fuel Residual Oil Distillate oil Natural gas Table 4 : continued City ofWorcester only 3 MMBtu or larger 3 MMBtu or larger 3 MMBtu or larger 3 MMBtu or larger 0 .121b./MMBtu 0 .121b./MMBtu 0 .101b./MMBtu 0 .10Ib ./MMBtu (e) Maximum

Particulate Emission Rate : All Other Communities. In communities other than those listed in 310CMR7 .02 : Table 3, existing facilities shall, at minimum, meet the particulate emission limits in 310 CMR 7.02 : Table 5 unless subject to more stringent emission limits as applicable in a.plan approval, state regulation or federal program (NSPS or NESHAP) . Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310CMR7.02: Table 4, 5 and 6 . Facili!3! Type Fossil Fuel Utilization Facility Ferrous Cupola Foundries Production Jobbing Non-Ferrous Cupola Foundries Municipal, Industrial, Commercial, and Institutional Incinerators Municipal Sewerage Sludge Incinerators Asphalt Batching Plants Table 5 Size ~ Existing unit 3 - 250 MMBtu 0 .15 Ib ./MMBtu 250MMBtu or larger 0 .151b./MMBtu all 0 .13 gr ./DSCF all 0 .21 gr ./DSCF all 0 .08 gr ./DSCF all 0 .1 gr ./scf at 12%

C02 all 0 .65 gr ./kg dry sludge input all 0 .06 gr ./DSCF (f) Any facility which, when constructed, was subject to a federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants, shall continue to be subject to such standard and operate in compliance with such standard unless more stringent requirements are applied through plan approval . (g) Emission Testing and Monitoring. For purposes of determining compliance with 310 CMR7.02(8)(d) through (f) and 7.02(8)(h), any emission testing for compliance with these limitations shall be conducted under isokinetic sampling conditions and in accordance with EPA test methods, as appropriate, including but not limited to Test Methods 1 through 5as specified in the40CFRPart 60, Appendix A- Standards of Performance for New Stationary Sources, 40 CFR Part 60Subpart E-Standards of Performance for Incinerators, (originally promulgated in the Federal Register, Volume 36, No . 247, December 23, 1971) or 40 CFR Part 60 Subpart O- Standards of Performance for Sewerage Treatment Plants (originally promulgated inthe Federal Register, Volume 39, No .2, March 8,1974) orby anothermethod which has been correlated to the above method to the satisfaction of the Department . (h) Particulate Emission Limitations for New Wood and Fossil Fuel Utilization Facilities . New facilities shall, at a minimum, comply with the particulate emission limits in 310CMR 7.02: Table 6 unless subject to more stringent emission limits as applicable in a plan approval, state regulation or federal program(NSPS or NESHAP) . Stationary combustion turbines and stationary reciprocating engines are not subject to the emission limits in 310 CMR7.02: Table 4, 5 and 6 . Facility Size Million Btu/hr. Input Wood 3-25 greater than 25 Fossil Fuel 3-250 greater than 250 Table 6 Emission Limitation ibs .(particulate)/million Btu N ew New (Critical Area -Table 3) 0 .20 0 .10 0 .10 0 .10 0 .10 0 .05 12/28/07 310 CMR - 215310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.02: continued

(i) U Emergency or Standby En ine(s) . 1 . Aplilicabilitv. On and after March 23, 2006, the construction, substantial reconstruction, or alteration of any emergencyor standby engine shall begoverned by the requirements of 310 CMR 7.26(40) through (44), Engines and Combustion Turbines . a . Persons owning, operating or controlling an emergency or standby engine(s) constructed, substantially reconstructed, or altered prior to June 1, 1990, having an energy input capacity equal or greaterthan 3,000,000 Btuper hour individually shall operate said engine(s) in compliance with 310 CMR 7.02(8)(i)2. through 5 . Notwithstanding the previous sentence, an operator or owner of an emergency or standby engine(s) constructed, 'substantially reconstructed or altered prior to June 1, 1990and having an energy input capacity equal to or greater than 3,000,000 Btu per hour individually may apply for alternative operating and reporting requirements under 310CMR7.02(5)(a)3

. b . Persons owning, operating or controlling an emergency or standby engine(s) having an energy input capacity less than 3,000,000 Btu per hour per engine, who elect to establish limits on the hours of operations of saidengine(s) shall comply with 310 CMR7.02(8)(i)2. through 5 ., or 310 CMR7.02(11)

. 2 . Limits of O eration. Each engine may be operated no more than a total of 300hours per any rolling 12 month period, and only during: a. The normal maintenance and testing procedure as recommended by the manufacturer, and b. Periods of electric power outage due to failure of the grid, in whole or in part, onsite disaster, local equipment failure, flood, fire or natural disaster, and c. When the imminent threat of a power outage is likely due to failure of the electrical supply or when capacity deficiencies result in a deviation of voltage from the electrical supplier to the premises of 3%above or 5% below standard voltage, or periods during which the regional transmission organization directs the implementation of voltage reductions, voluntary load curtailments by customers, or automatic or manual load shedding within Massachusetts in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other emergency conditions . 3 . Record Keening

. The owner or operator shall maintain on site or, for remote locations, at the closest facility where records can be maintained, the followingrecords for each engine: a. Information on equipment type, make and model, and maximumpower input/output; and b. A monthly log(s) of hours of operation, gallons offuel used, fuel type and heating value, and a monthly calculation of the total hours operated and gallons of fuel used in the previous 12 months; and c . Purchase orders, invoices, and other documents to support information in the monthly log. 4 . Availability of Records. Monthly log(s) and records established under 310 CMR 7.02(8)(i)3. shall be made available to the Department or its designee upon request. The owner or operator shall certify that the log is accurate and true in accordance with 310 CMR 7.01(2) . 5 . Fuel Requirements . On and after July 1, 2007, no person shall accept fordeliveryfor burning in any engine subject to 310 CMR 7.02(8)(i), diesel or any other fuel that does not meet the applicable U .S. Environmental Protection Agency sulfur limits for fuel pursuant to 40 CFR80.29, 40 CFR80.500, and 40 CFR 80.520(a) and (b) as in effect January 18, 2001 . (9) Restricted Emission Status (RES) . (a) General . Any person who owns, leases, operates or controls a facility may apply to the Department for a restricted emission status in order to: 1 . restrict potential emissions of regulated air contaminants to elirninate applicability of an otherwise applicable requirement, including butnot limited to, restricting potential emissions to allow

redesignationfor purposes of annual compliance fee assessment (310 CMR4 .03) ; or 9/23/05 310 CMR - 216310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.03: continued

(11) Lead Melt Pots . Construction, substantial reconstruction or alteration of any lead melt pot(s) equipped with fabric filter control capable of maintaining 99.5%control efficiency of particulate matter . (12) Dry Material Storage Silo. Construction, substantial reconstruction or alteration of any storage silo equipped with fabric filter control capable of maintaining 99.5% control efficiency. (13) Motor Vehicle Fuel Dispensing Facility . Construction, substantial reconstruction or alteration of a vapor collection and control system(Stage I and/or Stage II) at a motor vehicle fuel dispensing facility, provided that such systemmeets the requirements of 310CMR7.24(2) and (6), and the Department is notified of said installation. ((14) Reserved) (15) Non-heatset Offset Lithographic Printing. On or after July 1, 1992 construction, substantial reconstruction or alteration of any non-heatset offset lithographic printing press, except such presses present at a facility subject to 310 CMR 7.26(20), utilizing materials containing VOCs or organic material, including but not limited to, printing inks, overprint coatings, makeup solvents,fountain solution additives, alcohol and cleanup solutions, complying with the applicable performance standards set forth in 310 CMR 7.03(15)(b) and (15)(c) shall be subject to the requirements in either 310 CMR 7.03(15)(a) 1 . or (a)2 . (a) 1 . The total facility, including the new or modified printing press, shall use less than 670 gallons per month of all materials containing VOCs, or alternatively, its emission rate shall be less than 2.5 tons of VOCper calendar month. This emission rate shall includeemissions from

allprinting and non-printing operations at the facility, including, but not limited to, non-heatset offset lithographic printing presses. The owner/operator is subject to the reporting requirements of 310 CMR 7.12. 2 . The total facility, including the new or modified printing press, shall use less than 2,000 gallons per 12-month rolling period of all materials containing organic material (includes VOC), or, alternatively, shall emit less than ten tons of organic material (includes VOC), per 12-month rollingperiod. This emission rateshall includeemissions from all printing and non-printing operations at the facility, including, but not limited to, non-heatsetoffset lithographic printing presses. The owner/operator is not subjectto the reporting requirements of 310CMR 7 .12 unless otherwise required. (b) Non-heatset offset lithographic printing presses subject to 310 CMR 7.03(15) and employing a fountain solution containing VOC shall meet the following specifications : 1 . For web presses installed prior to May 1, 1998: a . The fountain solution shall be maintained at 1 .6% by volume or less of alcohol ; or b. The fountain solution shall be maintained at 3% by volume or less of alcohol and the fountain solution refrigerated to a temperature of less than 60°F. 2 . For web presses installed on or after May 1, 1998, the fountain solution shall not contain any alcohol . 3 . For sheet-fed presses with cylinder widths greater than 21 inches installed before July 1, 1992

: a . The fountain solution shall be maintained at 5% by volume or less of alcohol ; or, b. The fountain solution shall be maintained at 8% by volume or less of alcohol and the fountain solution refrigerated to a temperature of less than 60°F. 4 . For sheet-fed presses with cylinder widths greater than 21 inches installed on or after July 1, 1992: a . The fountain solution shall be maintained at 3%by volume or less of alcohol ; or b. The fountain solution shall be maintained at 5% by volume or less ofalcohol and the fountain solution refrigerated to a temperature of less than 60°F. 5 . For sheet-fed presses with cylinder widths less than or equal to 21 inches, installed before July 1, 1992, the fountain solution shall be maintained at 10%by volume or less of alcohol . 6 . For sheet-fed presses with cylinder widths of less than or equal to 21 inches, installed on or after July 1, 1992, the fountain solution shall be maintained at 5%by volume or less of alcohol . 7. For newspaper printing, the fountain shall contain 0%alcohol . 12/28/07 310 CMR - 223310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.03: continued 8

. Any VOC-containing fountain additive other than alcohol shall be limited to a mix ratio that will result in a VOC concentration in the fountain solution, excluding alcohol, equal to or less than 2

.5%by volume. (c) Cleanup solution containing VOC shall meet the following criteria: 1 . Cleanup solution as used at the press shall either: a . not exceed 30%

by weight VOC

; or b. have a VOCcomposite partial pressure of 10 mmHg or less at 20°C (68°F) . 2 . Cleanup solution shall be kept in tightly covered containers during transport and storage; and 3. The used cleaning rags used in conjunction with the cleanup solution shall be placed, when not in use, in closed containers and collected for proper disposal or recycle . (d) Any person subject to 310 CMR 7.03(15) shall maintain records sufficient to demonstrate compliance. Records kept to demonstrate compliance shall be kept on-site for three years and shall be made available to representatives of the Department upon request . Such records shall include, but are not limited to: 1 . Identity, formulation (percent VOCby weight as determined by the manufacturer's formulation data or EPA Method 24 or 24A test), and quantity (gallons per calendar month) for each VOC-containing compound used at the facility, including, but not limited to: a. Alcohol ; b. Makeup solvent ; c . Fountain additives ; d. Printing Ink; e . Cleanup solution; and f. Overprint coatings . 2 . The percent by volume of alcohol in the fountain solution as measured each time alcohol or alcohol mix is added to the systembut no less than once per day; 3 . The volume percent of VOC-containing fountain additives other than alcohol in the fountain solution; 4. For fountain solutions subject to refrigeration requirements of 310CMR7 .03(15)(b), the temperature of the fountain solution, as recorded on a once per shift basis; and 5 . Total VOCemissions (tons per calendar month) for all printing presses combined at the facility, as described in 310 CMR7 .03(15)(a)

. (16) Paint S~rav Booths. Construction, substantial reconstruction or alteration of any paint spray booth utilizing coatings, thinners, reducers and cleanup solutions, and complying with the applicable performance standard of 310 CMR7 .03(16)(b)1 . shall be subject to the requirements in either 310 CMR7.03(16)(a) 1 . or (a)2 . (a) 1 . The total facility, including the new or modified paint spraybooth, shall useless than 670 gallons per calendar month of all materials containing VOCs, or alternatively, has an emission rate of less than 2 .5 tons of VOCper calendar month . This emission rate includes all coating operations at the facility. The owner/operator is subject to the reporting requirements of 310 CMR7.12. 2 . The total facility, including the new or modified paint spray booth, shall useless than 2,000 gallons per 12-month rolling period of any material containing organic material (includes VOC), or alternatively, has an emission rate less than ten tons of organic material (includes VOC) per 12-month rolling period. This emission rate includes all coating operations at the facility. The owner/operator is not subject to the reporting requirements of 310 CMR7.12 unless otherwise required. (b) The coating operation shall be of a type described in 310 CMR 7.18, regardless of annual or potential emission applicability criteria contained in 310 CMR 7 .18. These operations are

: 310 CMR 7.18(3) Metal Furniture Surface Coating; 310 CMR 7.18(4) Metal Can Surface Coating; 310CMR 7.18(5) Large Appliance Surface Coating; 310CMR 7.18(6) Magnetic Wire Insulation Surface Coating ; 310CMR 7.18(7) Automobile Surface Coating ; 310CMR 7.18(10) Metal Coil Coating; 310CMR7.18(11) Surface Coating of Miscellaneous Metal Parts and Products ; 310CMR7.18(21) Plastic Parts Surface Coating; 12/28/07 310CMR- 224310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 .03: continued 310CMR 7 .18(22) Leather Surface Coating; 310 CMR7.18(23) Wood Products Surface Coating ; 310CMR 7.18(24) Flat Wood Paneling Surface Coating ; and 310 CMR 7.18(28) Automotive Refinishing Operations not listed in 310 CMR 7.03(16)(b) are not covered by this exemption and require either a Limited Plans Application (LPA) or Comprehensive Plans Application (CPA) as required by 310 CMR7.02. (c) Except as provided in 310CMR7.18(11)(a)1 ., all coatings used in the new or modified spray booth shall comply with the as-applied formulations contained in 310 CMR7.18 et seq ., for the spraycoating of material described bythe relevant subsection. Notwithstanding the previous statement, for any person who owns, leases, operates or controls a facility with coating operation(s) subject to 310CMR7.03(16), the emissions ofVOCfrom any coatings used in small amounts at the facility are exempt from theemission limitations of therelevant subsection, provided the person satisfies the following conditions : 1 . the total amount of all coatings exempted does not exceed 55 gallons during any rolling 12 month period at the facility ; and, 2 . theperson identifies and tracks the usage of the coatings covered by this exemption; and, 3. the person complies with the record keeping and testing requirements of the applicable section(s) of 310CMR7.03(16)(b) . (d) Spray guns shall utilize one of the following methods of spray application and be maintained and operated in accordance with the recommendations of the manufacturer: 1 . Electrostatic spray application; or 2 . High Volume Low

Pressure (HVLP) spray application; or 3 . Any other coating application method that achieves a transfer efficiency equivalent to electrostatic or HVLPspray application and is approved by the Department in writing . (e) Each paint spraybooth shall utilize two or more layers of dry fiber mat filter with a total thickness of at least two inches or an equivalent systemas determined in writing by the Department and that achieves particulate control efficiency of at least 97% by weight . Filter material shall be disposed in accordance with all applicable DEPregulations. (f) Face velocity of air at filter shall not exceed 200feet per minute. (g) For surface preparation, prior to coating, the VOCcontent of any surface preparation solution shall not exceed 1 .67 pounds per gallon. This requirement is not applicable to cleanup solutions which are re-used as thinners/reducers for coatings . However, forsurface preparation of plastic parts the VOCcontent of the surface preparation solution shall not exceed 6 .5 pounds of VOCper gallon. (h) Spray guns shall be cleaned in a device that : 1 . minimizes solvent evaporation during the cleaning, rinsing, and draining operations ; 2 . recirculates solvent during the cleaning operation so that the solvent is reused ; and, 3 . collects spent solvent in a container with a tight-fitting cover so that it is available for proper disposal or recycling. (i) The paint spray booth shall have a stack conforming to the following criteria: 1 . The stack shall discharge vertically upwards ; 2 . The stack shall not have rain protection of a type that restricts the vertical exhaust flow ; 3 . The stack gas exit velocity shall be greater than 40feet per second; and 4 . The minimum

stack exit height shall be 35 feet above the ground or ten feet above roof level . (j) Emissions from

stack shall have 0%

opacity. (k) Sufficient records shall be prepared and maintained to demonstrate compliance for each calendar month. Such records shall include, but are not limited to: 1 . For each coating, as applied: a. Gallons of coating used; b. Coating density (Pounds per gallon) ; c. Pounds of VOCper gallon of coating; d . Pounds of solids per gallon ofcoating; e. Pounds of water per gallon of coating ; f. Pounds of other non-VOC liquid per gallon of coating; and g . Pounds of VOCper gallon of solids as applied . 12/28/07 310 CMR- 225310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.03: continued 2

. Gallons of exempt/non-compliance coatings used; and 3. Gallons of cleanup solution used and pounds VOCper gallon; and 4. Maintenance records of filter pad replacement and disposal . (1) As an alternative to 310 CMR 7.03(16)(k)l . and (k)2., persons subject to 310 CMR 7 .18(28) : Automotive Refinishing shall maintain purchase records of coatings and surface preparation products on a monthly basis. The purchase records shall be summarized and include coating category, coating or coating component, and surface preparation product as identified on the container, the quantity of each coating or component, and surface preparationproduct, and the VOC content (in pounds per gallon) of eachcoating and surface preparationproduct, after mixing according to themanufacturer's instructions . Recordsshall be kept for three years, and be made available to representatives of the Department upon request. (17) Groundwater/Soil Venting S st y ems. Construction, substantial reconstruction or alteration of any Contaminated Groundwater Treatment System (CGTS) or contaminated soil venting systemcomplying with the following criteria: (a) CGTS or contaminated soil venting systems shall be equipped and operated such that the systemcontinuously reduces VOCin air effluent stream by at least 95%(by weight) ., Such systems include, but are not limited to; the following : 1 . .CGTS followed by carbon adsorber, incinerator or equivalent air pollution control device; or 2 . Contaminated soilventing followed by carbon adsorber, incinerator or equivalent air pollution control device. (b) Systems shall be equipped and operated with the necessary procedures and instrumentation to assure operation in compliance with this standard including, but not limited to: 1 . Interlock to prevent operation of the entire systemwithout proper control device operation including, but not limited to, automatic shutoff if incinerator drops below normal operating temperature; 2 . Inlet/outlet incinerator temperature indicators ; 3. For a CGTS, flowmeter(s) indicating rate and total amount of groundwater being treated, if applicable; and 4 . On-site regeneration of carbon or regularly scheduled replacement of carbon, if used. (d) Sufficient records shall be prepared and maintained to demonstrate emissions compliance for each month. Records shall include, but are not limited to, the following, as applicable: 1 . Once per month, measurement ofwater flow rate and total flow

to date forthe month; 2 . For a CGTS, once per month measurement of inlet and effluent water VOC concentration; 3. Once per month, measurement of VOC concentration in airprior tocontrol, and VOC concentrations after control ; 4 . Once per month, measurement of overall VOC reduction efficiency of the air pollution control systemin percent by weight ; 5 . Maintenance records of the system ; 6 . Monthly operating hours of the system ; 7 . Once per month, measurement of incinerator outlet temperatures ; and 8. Carbon regeneration/replacement records. (18) Fuel C

ell s. Construction, substantial reconstruction or alteration of any fuel cell(s) complying with the following criteria : (a) The emissions from the fuel cell will not exceed the following standards based upon a one hour averaging time: 1 . NOx - 0

.03 pounds per megawatt hour . 2 . Carbon Monoxide - 0 .05 pounds per megawatt hour. 3 . Non methane organic compounds - 0 .008 pounds per megawatt hour. (b) Any person subject to 310 CMR 7.03(18) shall keep records of monthly electric generation.

12/28/07 310 CMR - 226310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.03: continued

(19) Flexogr_aphic. Gravure. Letterpress and Screen Printing. On and after May 1, 1998, construction, substantial reconstruction, or alteration of any flexographic, gravure, letterpress, or screen printing press at a facility not subject to 310 CMR 7.26(20) through (29), utilizing materials containing VOC or organic material, including but not limited to, printing inks and overprint coating, alcohol, makeup solvents, and cleanup solutions complying with the applicable performancestandards in 310CMR7.26(25) and 310CMR7.26(26) shall be subject to the limits and reporting requirements in either 310CMR 7.03(19)(a) 1 . or (a)2. (a) 1 . The total facility, including the new or modified printing press, and non-printing operations at the facility shall use less than 670 gallons per calendar month of all materials containing VOCs or, alternatively, its emission rate shall be less than 2.5 tons of VOCpercalendar month. The owner/operator is subjectto the reporting requirements of 310 CMR7.12. 2 . The total facility, including the newor modified printing press, and non-printing operations at the facility, shall use less than 2,000gallons per 12-month rolling period ofall materials containing organicmaterial (includes VOC) or alternatively, its emission rate shall be less than ten tons of organic material (includes VOC) per 12-month rolling period. The owner/operator is not subjectto the reporting requirements of 310 CMR7.12 unless otherwise required. (b) Any person subject to 310 CMR 7.03(19) shall maintain records sufficient to demonstrate compliance. Such records shall include, but not limited to, records demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with applicable standards set forth in 310 CMR7.26(20) through (29) and that the usage rate or the emissions rate do not exceed the rates set forth in 310CMR 7.03(19)(a) . Records kept to demonstrate compliance shall be kept on site for three years and shall be made available to representatives of the Department upon request. (21) Corona Surface Treatment Devices. Construction, substantial reconstruction or alteration of anybare-roll or covered-roll corona surface treatment device equippedwith a catalytic ozone decomposer designed to reduce ozone emissions by 99 .9%or to an emission limit of 0 .1 ppm at the catalytic device outlet . (22) Conveyors and Dry Material Storage (except Silos) . Construction, substantial reconstruction or alteration of equipment used exclusively to convey or store dry solid materials in an enclosed systemor equipped with a fabric filter or equivalent particulate control device capable of maintaining 99.5%control efficiency for particulate emissions. In addition, said operation shall not generate any visibleemissions and shall comply with provisions of 310CMR 7.10 : U Noise. This standard is not applicable to conveyors and dry material storage associated with Standard Industrial Classification Code Major Group 1400 (Mining), Major Group 2900 (Petroleumand Coal products) and Major Group 3200 (Stone, Clay and Glass Products) . (23) Temporga Boilers. Construction or installation of a temporary boiler at a facility where a boiler is no longer available for use . A boiler is considered unavailable for use if it has been shut down for repair or inspection or is no longer available or operating due to circumstances beyond thecontrol of the person whoowns or operates the facility. Temporaryboilers must meet the following conditions : (a) Have a maximum

heat input capacity less than or equal to the boiler it is replacing; (b) Be installed for a period not to exceed 120days; (c) Use the same or lower sulfur content fuel as the boiler it is replacing ; and (d) Comply with all other applicable requirements for the boiler that it replaced. The Department may grant an extension to operate the temporary boiler beyond 120days . Such an extension shall be considered upon receiving a written request for an extension. Approval of an extension will be issued in writing. (24) eldin . Construction, substantial reconstruction, alteration or operation of welding equipment provided that: (a) The facility uses ten tons or less of welding rod per year; and (b) Each welding station is equipped with a ventilation systemdesigned to vent fumes and particulate to a particulate collection device having a control efficiency of 90% or greater. 12/28/07 310 CMR - 227310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.03: continued

(25) Biotechnology Surface Disinfection Processes. (a) Construction, substantial reconstruction, or alteration of any surface disinfection process used in making any of the following medical device, drug, or biologic products : 1 . a product derived in whole or in part from biotechnology, and 2 . one of the following applications or notices has been filed with U .S . Food and Drug Administration (FDA) for such product : an Investigational New Drug Application, an Investigational Device ExemptionNotice, a New DrugApplication, apremarket approval application, or a premarket notification pursuant to section 510(k) of the federal Food, Drug and Cosmetic Act (510(k)) (including an FDA-approved exemption from the 510(k) premarket notification requirement)

. (b) Surface disinfection processes shall comply with the following criteria: 1 . The total facility-wide actual emissions, including newor modified surface disinfection processes, shall comply with the requirements in either 310 CMR 7 .03(25)(b)l .a. or l .b. a. 15 tons of volatile organic compounds (VOC) per 12-month rolling period. This VOCemission limitation includes all process operations at the facility. In addition, facility-wide actual emissions of VOC shall not exceed 2

.5 tons per calendar month. The owner/operator is subject to the reporting requirements of 310CMR7.12 . b. Less than ten tons of materials containing organic material (includes VOC) per 12-month rolling period. This organic material emission limitation includes all process operations at the facility. The owner/operator is not subject to the reporting requirements of 310 CMR 7.12 unless otherwise required. 2 . The total facility-wide actual emissions, shall not exceed nine tons of any single Hazardous Air Pollutants (HAP as defined at 40 CFR Part 63) per 12-month rolling period, and shall not exceed 15 tons of any combination of (total) HAP per 12-month rolling period. In addition, facility-wide actual emissions of any individual HAPshall not exceed two tons per calendar month, and any combination of (total) HAPshall not exceed three tons per calendar month. 3 . Processes that emit or will emit VOCs or HAPs in exceedance of limitations for VOCs and HAPs established in 310CMR 7.02(25)(b)1 . or (b)2., are subject to 310CMR 7.02(5) : Comprehensive Plan Approval (CPA) , and a person shall obtain written Department plan approval prior to commencement of construction, installation and operation of said processes. 4 . Combustion processes that support processes subject to 310 CMR 7.03(25) are subject to regulatory standards found at 310 CMR7.02 : Plan Annroval and Emission Limitations, 310 CMR7.03: Plan Apnroval Exe=tion: Construction Requirements, or 310 CMR 7.26

: Industry Performance Standards . 5. Cleaning, sterilization, disinfection, and other operations : a. Cleaning, sterilization, disinfection, and othersolutions which contain VOC shall be kept in tightly closed containers when not in active use and during transport and storage, and b. Thespent cleaning cloths and/or wipes used inconjunction with the cleaning and sterilization solutions shall be placed, after use, in tightly closed containers and collected for proper recycling or disposal . 6 . Any person subject to this regulatory standard shall maintain records sufficient to demonstrate compliance with 310CMR 7.03(25) for each calendar month . Records kept to demonstrate compliance with 310CMR7.03(25) shall be maintained on-site forfive years andshall be made available to representatives of the Department upon request . For each process and operation, such records shall include, but not be limited to: a . Gallons of VOCused ; b. Pounds of VOCused; c. Gallons of individual and total HAP used; and d . Pounds of individual and total HAP used. 7.04: U Fossil Fuel Utilization Facilities

((1) Reserved)

12/28/07 310 CMR- 228310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.04: continued

(2) U Smoke Density Indicator . (a) on or after June 1, 1990, no person shall cause, suffer, allow, or permit the burning of any grade oil or solidfuel in any fuel utilization facility having an energy input capacity rated by the Department equal to or greater than 40,000,000 Btu per hour, unless such facility is equipped with a smoke density sensing instrument and recorder which are properly maintained in an accurate operating condition, operates continuously and is equipped with an audible alarm

to signal theneed forcombustion equipment adjustment or repair when the smoke density is equal to or greater than No. 1 of the Chart. Such smoke density equipment shall be available for inspection at reasonable times by a representative of the Department . Such inspection may include the review of recording charts whichmust beretained andmade available for a period of one year fromthe date of use. (b) the Department mayrequire any fuel utilization facility, other than those specifiedunder theprovision of 310

CMR 7.04 (2)(a) to be equipped with smoke densitysensing devices and appurtenances if, in the opinion of the Department, such are deemed necessary . (c) On or after July 1, 2000 any person owning or operating a fuel utilization facility with an energy input capacity equal to or greater than 10,000,000 Btu per hour but less than 40,000,000 Btu per hour is no longer required to install or maintain a smoke density sensing instrument and recorder even if required in a previous plan approval . Applicability is based on the size of an individual fuel utilization emission unit. (d) Notwithstanding the requirements of 310 CMR7.04(2)(a) and (c), anew or modified fuel utilization facility may be required to install instrumentation to monitor opacity should it be subject to New

Source Performance Standards contained at 40CFR Part 60, Subparts D, Da, Db or Dc. ((3) Reserved) (4) U Ins,pection, Maintenance and Testing . (a) On and after December 31, 1977, no person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization facility rated by the Department as having an energy input capacity equal to or greater than 3,000,000Btu per hour unless said facility has been inspectedand maintained in accordance with the manufacturers recommendationsandtested for efficient operation at least once in each calendar year . The results of said inspection, maintenance, and testing and the date upon which it was performed shall be recorded and posted conspicuously on or near the facility. Unless otherwiserequired, 310CMR7.04(4)(a) shall not apply to stationary combustion turbines and stationary reciprocating engines. (b) No person shall cause, suffer, allow, or permit the removal, alteration or shall otherwise render inoperative any air pollution control equipment which has been installed as a requirement of 310CMR7.00, other thanfor reasonable maintenance periods or unexpected and unavoidable failure of equipment . (5) U Fuel Oil Viscosity

. On or after July 1, 1978, no person shall cause, suffer, allow, or permit the burning of any grade residual oil in any fossil fuel utilization facility with an energy input capacity rated by the Department as equal to or greater than 250,000,000 Btu per hour unless said facility is equipped with an automatic viscosity controller that shall control the viscosity of the fuel oil to the burners. The automatic controller shall be of a type approved by the Department . The Department may require a fossil fuel utilization facility with an energy input capacity rated by the Department as equal to or greater than 100,000,000 Btu per hour but less than 250,000,000Btu perhour to be equippedwith an automatic viscositycontroller if, in the opinion of the Department, such is deemed necessary. (6) U . No person shall cause, suffer, allow, or permit the installation or use of any material, article, machine, equipment, or contrivance which conceals an emission without reducing the total weight of emissions where such emission would constitute a violation of any applicable regulation.

12/28/07 310 CMR - 228 .1310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.04: continued

(7) CMProhibition of Unapproved Burners in the City of Worcester. (a) Upon receipt ofwritten notification from the Department, no person shall cause, suffer, allow, or permit the operation of a fossil fuel utilization facility having an energy input capacity greater than 3,000,000 Btu per hour located in the City of Worcester utilizing a burner or burners of a design not approved by the Department, without the approval of the Department pursuant to 310 CMR 7.00 . (b) 310 CMR 7.04(7)(a) shall not apply to those facilities having met any one of the following conditions : 1 . demonstrated an ability to maintain compliance with applicable regulations; 2 . demonstrated to the satisfaction of the Department that the fossil fuel utilization facility is used only as an emergency or standby unit ; or 3. demonstrated to the satisfaction of the Department that utilization of distillate fuel oil in the fossil fuel utilization facility will not cause a violation 310 CMR 7.00 . (c) No person shall cause, suffer, allow, or permit the operation of anyfossil fuel utilization facility subject to the provisions of 310CMR7.04(7)(a) unless said person has submitted a schedule to the Department on a form provided by the Department specifying the dates by which compliance with 310CMR7.04(7)(a) will be achieved . Compliance in all instances shall be achieved as expeditiously as practicable butin no case laterthan September 1, 1980 .

12/28/07 310 CMR - 228 .2310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 .11 : continued 2

. vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute alternate means cannot be made available, or 3. vehicles engaged in an operation for which the engine power is necessary for an associated power needother than movement and substitute alternate powermeans cannot be made available provided that such operation does not cause or contribute to a condition of air pollution . (c) 310 CMR7

.11(1)(b) is subject to the enforcement provisions specified in 310 CMR 7 .52. (2) Diesel Trains . (a) No person owning or operating a diesel powered locomotive shall cause, suffer, allow, or permit said locomotive to be operated in a manner such as to cause or contribute to a condition of air pollution. (b) No person shall cause, suffer, allow, or permit the unnecessary foreseeable idling of a diesel locomotive for a continuous period of time longer than 30 minutes. 3 10 CMR7.00 shall not apply to diesel locomotives being serviced provided that idling is essential to the proper repair of said locomotive and that such idling does not cause or contribute to a condition of air pollution. (c) 310CMR7.11(2)(a) and 7 .11(2)(b) are subject to the enforcement provisions specified in 310 CMR7.52. (3) A ircraft . No person owning or operating an airport shall cause, suffer, allow, or permit routine warmups, testing, or other operation ofaircraft while on the ground, in such a manner as to cause or contribute to a condition of air pollution, outside of the property lines of the airport, that in the opinion of the Department are unreasonable and feasibly preventable. (4) Marine Vessels. No person owning, operating, or having control of a seagoing vessel while it is in the District shall cause, suffer, allow, or permit, aboard said vessel, tube blowing or soot removal activities that cause or contribute to a condition of air pollution . 310 CMR7.11 shall apply only in the Merrimack Valley Air Pollution Control District, Metropolitan Boston Air Pollution Control District, and the Southeastern Massachusetts Air Pollution Control District . 7.12: USource Registration

(1) Applicability . (a) Source Registration is required of any person owning, operating or controlling a facility if said facility: 1 . Is or contains a fuel utilization facility with an energy input capacity equal to or greater than the following size thresholds: Fuel e Maximum Energy Input Capacity (Btu/hour) Natural Gas 10,000,000 Distillate Oil 10,000,000 Residual Oil 10,000,000 Solid Fuel 3,000,000 Used Oil Fuel 3,000,000 Landfill Gas 3,000,000 ;

8/3/01 1 310 CMR - 245310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.12: continued 2. Has non-combustion federal potential'

than: Contaminant Particulate Matter Oxides of Sulfur Organic Material Nitrogen Dioxide Lead Hazardous Air Pollutants (facility-wide) equal to or greater to emit Threshold two tons per year 2 .5 tons per year ten tons per year 4 .4 tons per year five tons per year ten tons of any individual HAP 25 tons of total HAPs ; 3. Is or contains a hazardous waste incinerator, regardless of size; 4 . Is or contains an incinerator with the capacity to reduce 50 pounds per hour or more of waste; 5 . Is or contains an emission unit or process that is subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) or subject to a Maximum Achievable Control Technology (MACT) standard defined at 40 CFRPart 61 and Part 63, for which the Department has received delegation fromEPA ; ' 6 . Is or contains a stationary reciprocating internal combustion engine (except for emergency or standby engines) with a maximum energy inputcapacity of 3,000,000 Btu or greater (burning any fuel) ; 7. Is required to file Source Registration as a condition of a plan approval or operates under a Restricted Emission Status (RES) pursuant to 310 CMR 7.02(9) or 7.02(10) issued since January 1, 1990. The owner/operator of a facility required by a plan approval, issued prior to January 1, 1990, to submit annual source registration is no longer required to do so unless said facility meets one of the other conditions for registration in 310 CMR 7 .12 ; or a more recent Department approval requires Source Registration; 8 . Who receives a request for Source Registration from the Department ; or 9. Any person owning, operating or controlling a facility subject to 310 CMR 7 .00: Appendix C

. (b) Anyperson owning, operating or controlling afacility that becomes subject to reporting by meeting one of the criteria in 310CMR 7 .12(1)(a) and that was not previously subject to Source Registration reporting shall contact the Department by January 315` . (c) Any person owning, operating, leasing or controlling a facility subject to 310 CMR7.26 shall report emissions in a manner described by that regulation unless otherwise required to report pursuant to 310 CMR 7.12(1)(a)8 or 310 CMR7.12(2)(a)4. (2) Schedule. (a) By April 15'h of each year, Source Registration shall be signed and submitted to the Department by the Responsible Official of: I . A facility required to obtain an operating permit 7.00: Appendix C

; 2 . A facility having a RES pursuant to 310 CMR7.02(9) ; 3. [Reserved] ; pursuant to 310 CMR 4 . Afacility with actual emissions of NO, or VOCequal to or greater than 25 tons per year ; 5 . A facility that emits an air contaminant subject to a NESHAP or a Maximum Achievable Control Technology (MACT) standard defined at 40CFRPart 61 and Part 63, for which the Department has received delegation fromEPA ; or 6 . Afacility that is required, as a condition of a plan approval issued since January 1, 1990, to file Source Registration annually. (b) Source Registration shall be submitted to theDepartment once every three years where the facility is not subject to the annual reporting requirements of 310 CMR 7.12(2)(a) . Source Registration shall be due to the Department by April 15 or another date approved by the Department . ' Non-combustion potential emissions excludes emissions frommotor vehicles, incinerators and products of combustion fromfuel utilization facilities. 12/28/07 310 CMR- 246310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26: continued 2

. such presses or operations comply with the requirements set forth in 310 CMR 7.26(27)(a)1 . and 2

. . (28) Recordkeeping: Each printer shall maintain records sufficient to demonstrate compliance. Such records shall be kept on-site for at least three years, and shall be made available to representatives of the Department upon request. Such records shall include, but are not limited to, the following: (a) Each small printer shall maintain: 1 . monthly purchase or usage records sufficient to demonstrate that the printer is a small printer, including but not limited to records concerning cleanup solutions, alcohol, inks, coatings, adhesives and incidental materials, excluding water-based inks/coatings/ adhesives, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing; 2 . records demonstrating that cleanup solutions are in compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) according to EPAtest method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOCcomposite partial pressure as defined in 310 CMR7.00 ; and, 3 . for water-based inks/coatings/adhesives, ultraviolet inks, and plastisol inks, MSDSs or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, or plastisol as applicable. (b) Each midsize printer shall maintain : 1 . monthly purchase or usage records sufficient to demonstrate that the printer is a midsize printer, including but not limited to records concerning cleanup solutions, inks, coatings, adhesives, and incidental materials, excluding water-based inks/coatings/ adhesives, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing; 2 . records demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with applicable standards set forth in 310 CMR 7 .26(20) through (29) according to EPA test method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOCcomposite partial pressure as defined in 310 CMR 7 .00 ; 3. records of the percent by weight ofVOCin fountain solution as measured each time alcohol or alcohol mix is used to mix a new batch offountain solution and each time it is added to fountain solution on-press, based on analytical data, and the proportions of the constituents mixed; 4. calculations performed pursuant to 310 CMR7.26(24)(a)3 ; 5. the daily temperature of fountain solutions required to be refrigerated pursuant to 310CMR7.26(24)(a)2.b. when alcohol content is greater than 5% by weight ; 6 . for water-based inks/coatings/adhesives, ultraviolet inks, and plastisol inks, MSDSs or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, or plastiso! as applicable; and, 7. printers using alcohol-free fountain solution on web-fed or sheetfed non-heatset offset lithographic printing presses, records (e .g., MSDSs) demonstrating that the fountain solution constituents are alcohol-free. (c) Each large printer shall maintain: 1 . monthly purchase or usage records sufficient to demonstrate that the printer is a large printer, including but not limited to records concerning cleanup solutions, inks, coatings, adhesives and incidental materials, excluding water based inks/coatings/adhesives, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing; 2. records demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with applicable standards set forth in 310 CMR 7 .26(20) through (29) according to EPA test method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOCcomposite partial pressure as defined in 310 CMR 7 .00 ;

5/1/98 310 CMR- 250 .72.18.5310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued 3

. a calculation of actual emissions per calendar monthbased of all VOCandeach HAP containing compounds used at the facility. VOCemissions from non-heatset inks used in lithography shall be calculated by assuming that 5% of the inks' VOCs areemitted to the atmosphere and 95% areretained in thepaper.VOCemissions from heatset inks used in lithography shall be calculated by assuming that 80% of the inks' VOCs are emitted to the atmosphere and 20%a are retained in the paper; 4 . the percent by weight of VOCin fountain solution as measured each time alcohol or alcohol mix is used to mix a new batch of fountain solution and each time it is added to fountain solution on-press, based on analytical data and the proportions of the constituents mixed; 5 . calculations performed pursuant to 310 CMR 7.26(24)(a)3. ; 6 . the daily temperature offountain solutions required to be refrigerated pursuant to 310 CMR 7.26(24)(a)2.b. when alcohol content is greater than 5%by weight ; 7 . for water-based inks/coatings/adhesives, ultraviolet inks, andplastisol inks, MSDSs or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, or plastisol as applicable; and, 8 . printers usingalcohol-free fountain solution on web-fed or sheetfed non-heatsetoffset lithographic printing presses, records (e .g., MSDSs) demonstrating that the fountain solution constituents are alcohol-free. (29) Compliance Certification Requirement : (a) Beginning on September 15, 2006, each printer shall submit to the Department a compliance certification in accordancewith 310CMR70 .00and 310CMR

7 .26(29) . As part of the certification, each large printer shall submit information the Department may specify, including: 1 . the nature and amounts of emissions from the facility, 2 . information which may be needed to determine the nature and amounts of emissions from the facility, and 3 . any other information pertaining to the facility which the Department requires . (b) If, during the course of the certification period, a printer installs a new printing press or makes operational changes which will cause a modification of its size classification, the printer shall, within 60 days of operation of the new press or actual operational changes respectively, notify the Department in writing. Such printer shall comply with 310 CMR 7.26(20) through (29) based on the applicable new size classification as soon as the new press is operating or the operational change is made. (c) If, during the course of the certification period, a printer relinquishes an existing plan approval in accordance with 310 CMR 7.26(23)(a)(1) or (2), then within 30 days of such change the printer shall notify the Department in writing . (30) U Boilers - Applicability . Except as provided in 310 CMR 7.26(30)(a) and (b), the provisions of 310CMR7.26(30) through (37) apply to any person whoowns or operates a boiler installed on or after September 14, 2001, with a heat input rating equal to or greater than 10,000,000 Btu per hour but less than 40,000,000 Btu per hour. Complying with the criteria in 310 CMR 7.26(30) through (37) does not relieve the owner or operator from his or her applicability to the requirements of 40 CFR60Subpart Dc - Standards of Performance for Small Industrial - Commercial SteamGenerating Units or 40 CFR 63 Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. (a) The provisions of 310CMR7.26(30) through (37) do not apply to any person who is an owner or operator of a facility: 1 . who has secured an operating permit pursuant to 310 CMR 7 .00 : Appendix C

. ; however, 310 CMR7

.02(4) or (5) do apply

; 2 . who proposes to install a wood fuel-fired boiler with a heat input rating equal to or greater than 10,000,000 Btu per hour but less than 40,000,000 Btu per hour ; however, 310CMR7.02(5) does apply; or 3 . who installs a temporary boiler in accordance with 310CMR7 .03(23) . (b) If the installation of the boiler(s) causes the facility to be subject to 310 CMR 7.00 : Appendix C, or to exceed an emission cap contained in a written Department approval, or notification pursuant to 310 CMR 7.02(11), the person who is an owner or operator of the facility shall, as applicable: 12/28/07 310CMR - 250 .72.18 .6310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued 1 . file either a Limited Plan Application pursuant to 310 CMR 7.02(4) or

Comprehensive Plan Application pursuant to 310CMR7.02(5) to increase the facilitywide cap or to establish an emission cap to avoid applicability to Non-Attainment Reviewat 310 CMR 7.00 : Appendix A, Operating Permit and Compliance Program at 310 CMR 7.00

: Appendix Cor federal PSD(40CFR 52.21) ; or 2 . comply with 310 CMR7.26(30) through (37) and comply with the requirements of Non-Attainment Reviewat 310 CMR 7 .00 : Appendix A, the Operating Permit and Compliance Program

at 310CMR 7.00

: Appendix C and federal PSD(40 CFR52.21) as applicable; or 3. comply with 310CMR7.26(30) through (37) and submit a notification establishing an emission cap under 310 CMR 7.02(11), or a higher emissions cap under 310 CMR 7 .02(11) where the installation would otherwise violate an emissions cap pursuant to 310 CMR 7.02(11) ; or 4. comply with 310 CMR7.26(30) through (37) and comply with the requirements of 310 CMR7.02(10) : Modification of a Restricted Emission Status (RES) . (c) Any person whois the owner/operator of a boiler installed in accordance with 310CMR 7.26(30) shall continue to comply with 310 CMR7.26(31) and (33) through (37) even if the facility later becomes subject to 310 CMR7.00 : Appendix C

. (31) Definitions. Terms used in 310CMR7 .26(30) through (37) are defined in 310CMR7.00 or in 310 CMR 7.26(31) . Where a termis defined in both 310 CMR 7.00 and in 310 CMR 7.26(31), the definition in 310 CMR7.26(31) is applicable. ADJACENT STRUCTURE means a structure that is within 5L of the stack. 5L means five times the lesser dimension (height or maximum projected width) of the structure . AUTOMATED COMBUSTION CONTROL SYSTEMmeans a system that self adjusts burner/boiler operation to maximize energy efficiency. It must include at least the following capabilities : fuellair ratio adjusted automatically, fuel flow metered/monitored, and continuous monitoring of nitrogen oxides (NOx) and carbon monoxide. BOILER means a device that combusts any fuel and produces steamor heats water. DISTILLATE FUEL OIL for the purposes of 310CMR7 .26(30) means fuel oil that complies with thespecifications for fuel oil numbers 1 or 2as definedby the American Society forTesting and Materials in ASTM D396-98, "Standard Specification for Fuel Oil" dated September 1998 and has a sulfur content not to exceed 0 .05%by weight or D6751 for bio-diesel and has a sulfur content not to exceed 0.0015%by weight . INSTALL or INSTALLATION as used in 310CMR7.26(30) means to set an emission unit in position foruse. Arelocation of apreviously approved boiler, provided that it is relocatedwithin the facility or to a contiguous property, owned and operated by the same owner is not an installation. ULTRA-LOW

SULFUR DISTILLATE FUEL OIL (ULSD) means any fuel oil or other fuel, excluding used oil fuel and hazardous waste fuel, which complies with the applicable U .S. Environmental Protection Agency sulfur limits for fuel pursuant to 40 CFR 80.29, 40 CFR 80.500, and 40CFR80.520(a) and (b) as in effect on January 18,2001 and either complies with the specifications for fuel oil numbers 1 or 2as defined by the American Society for Testing and Materials (ASTM) in ASTM D-396-98 or D6751 for bio-diesel . SUPPLIER means a person or persons who manufactures, provides, assembles, or installs for use a boiler subject to 310 CMR 7.26(30) through (37) for the person who is the owner or operator. (32) Certification. (a) An owner or operator of a boiler subject to 310 CMR 7.26(30) shall submit to the Department an initial compliance certification form within 60days of the date on which the boiler commences operation. 12/28/07 310 CMR - 250 .72 .18.7310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued

(b) Effective December 28, 2007, prior to installation and operation, a person who is an owner or operator of a boiler subject to 310CMR 7.26(30) shall certify to the Department, in compliance with 310CMR70.00, that the boiler is in compliance with 310CMR 7.26(30) through (37) . (33) Fuel of Use/Emission Limitations. (a) Fuel of Use. 1 . Only natural gas and distillate fuel oil(s) maybe used, as specified in 310 CMR 7.26(33)(a)2. through (a)4. Used oil fuel and Hazardous Waste Fuel as defined under 310CMR 30.000 cannot be burned in boilers subject to 310CMR7.26(30)

. 2 . NATURAL GAS - Prior to July 1, 2009: a . a boiler subject to 310 CMR 7.26(30) shall burn natural gas as the primary fuel of use where the boiler is located on a property adjacent to a street or sidewalk underlain by a natural gas pipeline having sufficient pressure and capacity to supply natural gas to the boiler. b. a natural gas fired boiler may burn distillate fuel oil for a maximum of 180days per calendar year. Total annual distillate fuel use (gallons/year) is calculated by multiplying 90 days/yr x 24 hours/day x maximum firing rate (gals/hour) per boiler. Records must be established and maintained up to date in accordance with 310CMR 7.26(36) : Recordkeeping and Reporting. 3 . DISTILLATE - Prior to July 1, 2009, a boiler subject to 310 CMR 7.26(30) may burn distillate fuel oil as the primary fuel of use when conditions for natural gas use, as specified in 310 CMR 7.26(33)(a)2., cannot reasonably be met. 4 . On and after July 1, 2009, there is no restriction on the gallons of distillate fuel oil burned in a boiler subject to 310 CMR 7.26(30) through (37) . The owner or operator of a boiler subject to 310CMR7.26(30) shall accept for deliveryonly natural gas or ultralow sulfur distillate fuel oil . 5 . On and after July 1, 2009, an owner or operator of a boiler subject to 310 CMR 7.26(30) shall accept for delivery only natural gas or ultra-low sulfur distillate fuel oil . (b) Emission Limitations. Each boiler shall complywith thefollowing emission limitations in pounds per million Btu heat input for the fuel of use. POLLUTANT Fuel of Use Emission limitation (lbs. permillion Btu) Nitrogen Oxides Natural Gas 0 .0350 Distillate 0 .150 Ultra-low

Sulfur Distillate Fuel Oil Particulate Matter Natural Gas 0 .010 Distillate and Ultra-low Sulfur Distillate 0

.020 Fuel Oil Carbon Monoxide Natural Gas 0 .080 Distillate and Ultra-low Sulfur Distillate 0

.080 Fuel Oil Volatile Organic Compounds Natural Gas 0 .030 Distillate and Ultra-low Sulfur Distillate 0

.030 Fuel Oil (c) The sulfur dioxide emissions are limited by the sulfur content of the distillate fuel oil . The sulfur content of the distillate fuel oil is limited to 0.05% by weight and the sulfur content of the ULSDfuel oil is limited to 0 .0015%by weight. (d) The carbon monoxide emission limitation specified in 310CMR7.26(33)(b) does not apply to high turndown boilers while operating at less than 25%of the maximum input rating. (e) Visible Emissions (excluding water vapor) may not exceed 10%opacity at any time during boiler operation. (34) Operationai Requirements . (a) The boiler and appurtenances shall be operated in accordance with the manufacturer's standard operating and maintenance procedures . 12/28/07 310 CMR - 250 .72 .18.8310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued

(b) A boiler tune-up shall be performed annually. A boiler tune-up shall include an inspection for proper operation, any other maintenance recommended by the manufacturer, and an efficiency test . An efficiency testshall include at least a smoke spot reading, flue gas temperature measurement and a measure of carbon dioxide, oxygen, and carbon monoxide. Awritten record of the efficiency test and any maintenance performed shall be kept on site in accordance with the record keeping provisions contained 310 CMR 7.26(36)

. (c) Fuel additives shall only be used in accordance with the manufacturer's instructions . (35) Stack Requirements . (a) Minimum

stack height shall be 1 .5 times the height of the building on which the stack is located. If the stack height is (1) lower than 1 .5 times the building height or (2) lower than the height of an adjacent structure, an EPA Guideline air quality model shall be run to document that the operation of the applicable boiler(s) will not cause National Ambient Air Quality Standards exceedances. The air quality model documentation must be retained on site for as long as the boiler(s) are operational . (b) Stacks shall not be equipped with rain protection of a type that restricts the vertical exhaust flowof the combustion gases as they are emitted to the ambient air. "Shanty caps", "egg beaters" and the like are prohibited. (c) The stack shall be configured to discharge the combustion gases vertically upwards. (36) Recordkeeping and Reporting . (a) A recordkeeping systemshall be established and implemented onsite and shall provide sufficient detail to document compliance. (b) Recordkeeping shall include the following: 1 . dates of boiler installation and first operation; 2 . a monthly record of fuel type, fuel additives, fuel usage in gallons or cubic feet, and sulfur content, as certified by the fuel supplier; 3 . awritten record of all tune-ups, including inspections, maintenance, and results of the efficiency tests, and

; 4 . all purchase orders and invoices related to boiler combustion or emission rate. (c) Documentation shall be maintained onsite that the boiler and its appurtenances, as designed and installed, will comply with the emission limitations when operated in accordance with the manufacturer's instructions. This documentation, including the manufacturer's operating instructions, shall be retained for as long as the boiler operates. (d) All records shall be maintained up-to-date such that year-to-date information is readily available for Department examination. Records shallbe kept for at least three calendaryears. (e) The person who is the owner or operator of an applicable boiler is subject to the reporting requirements of 310 CMR7.12: USource Registration. (37) Prohibitions . (a) Concealing of emissions is prohibited. (b) Removal of air pollution control or monitoring equipment is prohibited. (c) Natural draft rotary cup burners are prohibited. (40) Engines and Combustion Turbines - Applicability . (a) 310 CMR7.26(40) through (44) in its entirety shall apply to any person who owns or operates engines and combustion turbines installed on and after March 23, 2006 and are not subject to Prevention of Significant Deterioration (40CFR52 .21) or Non-attainment Review at 310CMR 7.00

: AppendixA

. (b) Owners and operators of engines regulated under 40 CFR89, 90, 91, and 92 areexempt from the requirements of 310 CMR7.26(40) through (44) in its entirety . (41) Definitions. Terms used in 310 CMR7.26(40) through (44) are defined in 310 CMR7.00 and 310CMR7.26(41) . When a term is defined in both 310CMR 7 .00and 310CMR7.26(41), the definition in 310CMR7.26(41) shall govern.

12/28/07 310 CMR - 250 .72.18.93~10 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued Emergency means~an electric power outage due to failure of the grid, in whole or in part, on-site disaster, local equipment failure, flood, fire, or natural disaster. Emergency shall also mean when the imminent threat of a power outage is likely due to failure of the electrical supply or when capacity deficiencies result in a deviation of voltage from the electrical supplier to the premises of 3%above or 5% below standard voltage, or periods during which the regional transmission organization directs the implementation of voltage reductions, voluntary load curtailments by customers, or automatic or manual load shedding within Massachusetts in response to unusually lowfrequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other such emergency conditions . Eng ines mean spark ignition and compression ignition stationary reciprocating internal combustion engines. Rated Power Outnut means the maximum electrical or equivalent mechanical power output stated on the nameplate affixed to the engine or turbine by the manufacturer . Su lier means aperson that manufactures, assembles, or otherwisesupplies engines or turbines . Turbine means a stationary combustion turbine. (42) Emergency Engines and Turbines . (a) A licabilit . 310 CMR7 .26(42) shall apply to any person who owns or operates an emergency or standby engine with a rated power output equal to or greater than 37kW and emergency turbines with a rated power output less than one MW that are constructed, substantiallyreconstructed or altered after March 23, 2006. Owners and operators of peaking power units, load shaving units or units in an energy assistance programare subject to the requirements of 310 CMR 7.26(43) . 1 . Owners and operators of emergency turbines with a rated power output equal to or greater than one MW

shall comply with the provisions of 310 CMR 7.02(5) . 2 . Owners and operators of emergency engines and turbines that are subject to 310 CMR 7.02(8)(i) or 310CMR7.03(10) shall continue to be subject to such requirements . 3. Owners and operators of emergency engines and turbines subject to 310 CMR 7.26(42) are not subject to the requirements of 310 CMR 7.02(5) . 4 . Owners and operators of emergency or standby engines and turbines used as mechanical power sources for water pumping activities such as, but not limited to, firefighting, flood control, waste water flow, are subject 310 CMR 7.26(42) in its entirety . 5 . Owners and operators of emergency engines or turbines approved prior to September 23, 2005 under the requirements of 310CMR7.02(5) may operate during an emergency as defined in 310CMR7.26(41) . (b) Emission Limitations. Owners and operators of emergency engines and turbines must comply with the emission limitations set forth in 310 CMR 7.26(42) . 1 . Engines with a rated poweroutput equal to or greater than 37 kW must comply with the applicable emission limitations set by the US EPA fornon-road engines (40 CFR89 as in effect October 23, 1998) at the time of installation. The owner or operator of an engine subject to the requirements of 310 CMR 7.26(42)(b)1 . shall obtain from the supplier a statement that a certificate of conformity has been obtained from the Administrator pursuant to 40 CFR 89.105 as in effect October 23, 1998. Any engine certified under the US EPA non-road standards is automatically certified to operate as an emergency engine pursuant to 310 CMR 7 .26(42) . For units that burn natural gas exclusively, a letter or other documentation fromthe supplier stating that the engine meets the applicable non-road emission limitation will satisfy the certificate of conformity requirement. 2 . All emergency turbines with a rated power output less than one MW shall comply with the emission limitations contained in 310 CMR7.26(42) : Table 1 .

12/28/07 310CMR- 250 .72.18.10310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7 .26 : continued Table 1 . Emission Limitations - Emergency Turbines Rated Power Output ' Oxides of Nitrogen < 1 MW 0 .60 pounds/MW

- hr (c) Fuel Requirements . On and after July 1, 2007, no person shall accept delivery for burning in any engine or turbine subject to 310 CMR7.26(42) diesel or any other fuel that does not meet the applicable U .S. Environmental Protection Agency sulfur limits for fuel pursuant to 40 CFR 80.29, 40 CFR 80.500, and 40 CFR 80.520(a) and (b) as in effect January 18, 2001 . (d) Operational Requirements. Any person who owns or operates anemergency or standby engine or emergency turbine subject to 310 CMR7 .26(42) shall comply with the following requirements : 1 . Hours of Operation

. The engine and turbine shall not be operated more than 300 hours during any rolling 12-month period. This operating restriction includes normal maintenance and testing procedures as recommended by the manufacturer. A nonturnback hour countershall be installed, operated and maintained in good working order on each unit . 2 . Operation and Maintenance. The engine(s) or turbine(s) shall be operated and maintained in accordance with the manufacturer's recommended operating and maintenance procedures. 3. Sound. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7 .10 : Noise . 4 . Stack Height and Emission Dispersion. a . All engines or turbines shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)) . Exhaust stacks shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that restricts the vertical exhaust flowof the emitted combustion gases, including but not limited to rain protection devices "shantycaps" and "egg beaters" . Any emission impacts of exhaust stacks upon sensitive receptors including, but not limited to, people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation: i . Avoiding locations that may be subject to downwash of the exhaust ; and ii . installing stack(s) of sufficient height in locations that will prevent and minimize flue gas impacts upon sensitive receptors. b. Engines or turbines with a rated poweroutput equal to or greater than 300kw, but less than 1 MW, shall have a minimum stack height of ten feet above the facility rooftop or the emergency engine or turbine enclosure, whichever is lower. c . Engines with a rated power output equal to or greater than one MW shall be equipped with a stack with a minimum stack height of 1 .5 times the height of the building on which the stack is located. If the stack is lower than 1 .5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), an EPA Guideline air quality model shall be run to document that the operation of theapplicable emergency engine or turbinewill not cause an exceedance of any National Ambient Air Quality Standard. 5 . Visible Emissions. Emergency engines and turbines shall comply with all the requirements of 310CMR7.06(1)(a) and (b) .

12/28/07 310 CMR - 250 .72.18.11310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued

(e) Emission Certification Monitoring and Testing . 1 . Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7.26(42) in its entirety in accordance with the provisions of 310 CMR 70 .00 : Environmental Results Prograrn Certification. Certification shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the first three years of operation. Aone time certification shall be made to the Department within 60 days of commencement of operation; annual certification is not required. 2 . Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(42) . 3. Testing

. Any testing when required shall comply with the following: a. Tests to certify compliance with emission limitations must be performed in accordance with EPAreference Methods, California Air Resources Board Methods approved by EPA, or equivalent methods as approved by the Department and EPA . b. Particulate matter fromliquid fuel reciprocating engines shall be determined using Method 8178 D2 of the International Organization for Standardization, c. Testing shall be conducted at full the design load of the emergency engine or turbine. d. TheDepartment may require emission or other testing to assure compliance with the emission limitations or fuel requirements . (f) Recordkee i~ng and Reporting . The owner or operator shall maintain records described in 310CMR7.26(42)(f)1

. through4 . Such records shall be maintained on site or for remote locations, at theclosestfacilitywhere records can be maintained and shall be madeavailable to the Department or its designee upon request. The owner or operator shall certify that records are accurate and true in accordance with 310CMR7 .01(2)(a) through (c) . 1 . Information on equipment type, make and model, and rated power output ; and 2 . Amonthly log of hours of operation, fuel type, heating value and sulfur content for fuel oil . Amonthly calculation of the total hours operated in the previous 12 months ; and 3 . Purchase orders, invoices, and other documents to substantiate information in the monthly log; and 4 . Copies of certificates and documents fromthe manufacturer related to certificates. (43) Engines and Turbines . (a) ApplicabilitX. 310CMR7.26(43) in its entirety shall apply to any person whoowns or operates engines with a rated power output equal to or greater than 50kW and to turbines with a rated power output less than or equal to ten MW that are constructed, substantially reconstructed, or altered on or after March 23, 2006. 1 . Engines and turbines subject to 310 CMR 7.26(42) are not subject to the requirements of 310 CMR7.26(43) . 2 . The owner or operator of any engine or turbine subject to 310CMR 7.26(43) to be operated as a peaking power production unit, a load shaving unit, a unit in an energy assistance program, a unit that produces mechanical power to run pumps, a unit used to compress natural gas at a pipeline compressor station, a unit burning landfill, digester, or biogas, or other biofuels, may comply with the requirements of 310CMR 7.02(5)(c) for such unit in lieu of complying with the requirements of 310 CMR 7.26(43) . Application must be made and written approval granted by the Department prior to construction, substantial reconstruction, or alteration of such engines or turbines . 3. Turbines with a rated output of less than one MW burning fuel oil, or greaterthan ten MW burning any fuel, shall comply with the requirements of 310 CMR 7.02(5)(c) for such unit in lieu of complying with the requirements of 310 CMR7.26(43) . Application must be made and written approval granted by the Department prior to construction, substantial reconstruction, or alteration of such turbines . (b) Emission Limitations. Owners and operators of engines or turbines subject to 310CMR 7.26(43) shall comply with the emission limitations established in 310CMR7.26(43) : Table 2, 3 and 4

.

12/28/07 310 CMR - 250 .72.18.12310CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26: continued 1 . Asupplier of an engine or turbine may seek to certify that an engine or turbine meet

the emission limitations established in 310 CMR7.26(43) : Table 2, 3 and 4 . All such certifications shall specify the make and model number of the engine or turbine. Certification means that the engine or turbine is capable of meeting the emission limitations for the lesser of 15,000 hours of operation or the first three years of operation. Supplier certification shall be on forms provided by the Department . 2 . On or before December 31, 2010, the Department will complete a reviewof thestate of, and expected changes in, technology and emission rates. The purpose of this review will be to determine whether the 310 CMR7.26(43) : Table 2 emission limitations for engines to be installed on and after January 1, 2012, should be amended . 3. Beginning in 2017 and every five years thereafter, the Department shall reviewthe state of technology andemission rates anddetermine whetherthe emission limits defined in 310CMR7.26(43) : Table 2, 3 or 4 . should be amended

. 4 . The Department may at other times review the stateof technology and emission rates to determine whether the emission limits defined in 310 CMR 7.26(43) : Table 3 or 4 should be amended. Table 2 Emission Limitations - Engines Oxides of Particulate Matter Installation Date Nitro en (Liquid Fuel Onlv1 Carbon Monoxide On and after 3/23/06 0 .6 lbs/MWh s 1MW 0 .7 lbs/MWh; 10 lbs/MWh > 1 MW 0 .091bs/MW On and after 1/1/08 0 .3 lbs/MWh 0

.07 lbs/MWh 21bs/MWh On and after 1/1/12 0.151bs/MWh 0.031bs/MWh 1 lb/MWh Table 3 Emission Limitations - Turbines Rated Power Output Oxides of Nitrogen Less than 1 MW 0.471bs/MW-hr Natural Gas l .to l0 " MW 0

.141bs/MW-hr Natural Gas A mmoni a Carbon Monoxide N/A 0.471bs/MW-hr Natural Gas 2.0 ppm 15% Oz 0.091bs/MW-hr Natural Gas 0 .341bs/MW-hr Oil Dry Basis 0.181bs/MW-hr Oil

Table 4 Emission Limitations - Engines and Turbines Installation Date Carbon Dioxide On and after 3/23/06 19001bs/MWh On and after 1/1/08 19001bs/MWh On and after 1/1/12 16501bs/MWh (c) Fuel Requirements . On or afterJuly 1, 2007, no person shall accept delivery for burning in any engine or turbine subject to 310 CMR7.26(43) diesel or any other fuel that does not meet the applicable U

.S. Environmental Protection Agency sulfur limits forfuel pursuant to 40 CFR 80.29, 40 CFR80.500, and40CFR80 .520(a) and (b) as in effect January 18, 2001 . (d) Operational Requirements . Any person who owns or operates an engine or turbine subject to 310 CMR 7.26(43) shall comply with the following operational requirements :

12/28/07 310CMR- 250 .72.18.13310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued

(e) 1 . Operation and Maintenance. The engine(s) and turbine(s) shall be operated and maintained in accordance with the manufacturers recommended operating and maintenance procedures . 2 . Sound. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7.10 : Noise. 3 . Stack Hei ht and Emission Disp ersion. a. All engines or turbines shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)) . Exhaust stacks shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that restricts the vertical exhaust flowof the emitted combustion gases, including but not limited to, rain protection devices such as "shanty caps" and "egg beaters" . Any emission impacts exhaust stacks upon sensitive receptors such as people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation: i . Avoiding locations that may be subject to downwash of the exhaust; and ii . installing stack(s) of sufficient height in locations that will prevent and minimize flue gas impacts upon sensitive receptors. b . Engines and turbines burning liquid fuel and with a rated power output of less than 300kw

shall be equipped with an exhaust stack with a minimum stack height of five feet above the rooftop or the engine or turbine enclosure, whichever is lower. c. Engines and turbines with a rated power output equal to or greater than 300kw, but less than one MW

shall be equipped with an exhauststack with a minimum stack height of ten feet above the rooftop or the engine or turbine enclosure, whichever is lower . d. Engines and turbines with a rated power output equal to or greater than one MW shall be equipped with a stack with a minimum stack height of 1 .5 times the height of the building on which the stack is located . If the stack is lower than 1 .5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), an EPA Guideline air quality model shall be run to document that the operation of the applicable engine or turbine will not cause an exceedance of any National Ambient Air Quality Standard. 4 . Visible Emissions. Engines and turbines must comply with all the requirements of 310 CMR7

.06(1)(a) and (b) . Emission Certification

. Monitorina and Testing. 1 . Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7 .26(43) in its entirety in accordance with the provisions of 310 CMR70 .00 : Environment Results Prograrn Certification (initial and annual certification) . Certification by such person shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the lesser of 15,000 hours of operation or thefirst three years of operation. 2 . Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(43) . 3 . Testing. Any testing when required shall comply with the following : a . Tests to certify compliance with emission limitations must be performed in accordance with EPAreference Methods, California Air Resources Board Methods as approved by EPA, or equivalent methodsas approved by the Department and EPA . b . Particulate matter, fromliquid fuel reciprocating engines, shall be determined using Method 8178 D2 of the International Organization for Standardization. c. Testing shall be conducted at full design load of the engine or turbine.

12/28/07 310CMR - 250 .72 .18.14310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.26 : continued d

. The Department may require emission or other testing to assure compliance with the emission limitations or fuel requirements. (f) Record Keeping and

Reporting. The owner or operator shall maintain records described in 310CMR7.26(43)(f)1 . through 4 . Such records shall be made available tothe Department or its designee upon request . The owneror operator shall certifythat records areaccurate and true in accordance with 310CMR7 .01(2)(a) through (c) . 1 . Information on equipment type, make and model, and maximum power output ; and 2 . A monthly log of hours of operation, gallons of fuel used, fuel type, heating value, and sulfur content . Amonthly calculation of the total hours operated and gallons of fuel used in the previous 12 months shall be kept on site; and 3. Purchaseorders, invoices,andotherdocuments to support informationin the monthly log. 4 . Copies of certificates and documents from the manufacturer related to certificates. (44) Change in Operational Status . An owner or operator of an engine or turbine subject to the requirements of 310CMR7.26(42) : Emergency Engines andTurbines may elect to remove the hours of operation restriction to operate in a non-emergencybycomplying with either of the two following methods. (a) Submit an application for approval and receive approval under the requirements of 310 CMR 7.02(5) ; or (b) Certify to the Department that the engine or turbine meets all applicable requirements of 310CMR7.26(43) . 7.27: NOx Allowance Promm

(1) PuMose and Scone. (a) The purpose of 310CMR7.27 is to control emissions of nitrogen oxides (NOx) during the summertime ozone season (May 1°' throughSeptember 30* of each year) . 310CMR7.27 accomplishes this by establishing an emissions budget for NOx during each ozone season, implemented through a NOx allowance program beginning May 1, 1999. (b) The Massachusetts NOx emission budget was calculated by applying the control requirements of the September 1994 Ozone Transport Commission's Memorandum of Understanding (OTC MOU) to the 1990 baseline emissions level adopted by the Ozone Transport Commission on June 13, 1995 . (c) Any additional NOx control requirements beginning on May 1, 2003, may be modified before that date, if modeling and other analyses showthat this program, and controls on volatile organic compound (VOC) emissions, will achieve attainment of the ozone National Ambient Air Quality Standard across the Ozone Transport Region. The Department has reserved 310CMR7.27(3)(b) to reflect any modifications needed to the Massachusetts NOx emission budget after 2003. (d) TheDepartment will allocate NOx allowancesforeach ozone season as described in 310 CMR 7.27(6) equal to the total Massachusetts NOx emissions budget in tons . (e) NOx allowances from other states maybe used to comply with 310CMR 7 .27, provided the other state has adopted and implemented a NOx allowance programconsistent with 310 CMR 7.27 as determined by the Department . (f) NOx allowances allocated by the Department may be used to comply with NOx allowance programs of other states, provided the other state has adopted and implemented a program

consistent with 310 CMR7.27 as determined by the Department . (2) Definitions. The definitions in 310 CMR 7.00 apply to 310 CMR 7.27. However, the following terms have the following meanings when they appear in 310 CMR7.27. If a term is defined in 310CMR7.00and in 310 CMR 7.27(2), the definition in 310 CMR7.27(2) applies. Account Number means the identification number given by the Administrator to an account in the NOx Allowance Tracking System(NATS) . Account means a record in the NOx AllowanceTracking System where allowances are recorded, and includes both compliance accounts and general accounts . 12/28/07 310CMR- 250 .72 .18.15310 CMR : DEPARTMENT OF ENVIRONMENTAL PROTECTION 7.27: continued

Affected Unit means a fossil fuel fired boiler or indirect heat exchanger with a maximum heat input capacity of 250MMBtu/Hour or more which operated at any time in calendar year 1990 . The term affected unit is used only to establish the Massachusetts 1999 through 2002 NOx emissions budget . Allocate or Allocation means the assignment of allowances by the Department to a NOx Allowance Tracking System account, as recorded by the Administrator Allocation Period means any time period for which allowances are allocated during the period 1999 though 2002. Allowance means a limited authorization to emit one ton of NOx during a specified control period or any control period thereafter . An allowance is usable only for complying with the provisions of 310CMR 7.27. The use of an allowance after its initial control period is subject to the terms and conditions for use of banked allowances in 310CMR7.27(9) . All allowances are allocated, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances is rounded down for decimals less than 0 .5 and rounded up for decimals of 0

.5 or greater. Allowance Deduction means the withdrawal of allowances for permanent retirement by the Administratorfrom

a NOx AllowanceTracking System account pursuant to 310CMR7 .27(14) . Allowance Transfer means the transfer to another account of one or more allowances by whatever means, includingbut notlimited to purchase,trade, auction, or gift, in accordancewith the procedures established in 310 CMR 7.27(8) .

12/28/07 310CMR- 250 .72.18.16