310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Table o_f Contents 

310 CMR 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 - 4.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

NON-TEXT PAGE 

12/27/96 ~ , 310 CIVIR - 4.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Table of Contents 

Page 

310 CMR 44.00: DEP SELECTION, APPROVAL AND REGULATION OF WATER 

POLLUTION ABATEMENT PROJECTS RECEIVING FINANCIAL 

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 Review and 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 CMR 45.00: DEP SELECTION, APPROVAL AND REGULATION OF 

DRINKING WATER PROJECTS RECEIVING FINANCIAL 

ASSISTANCE FROM THE STATE REVOLVING FUND 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 Review and 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 CMR 46.00 THROUGH 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 

12/28/07 310 CMR - 35 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Table of_Contents 

310 CMR 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 

310 CMR 60.00: AIR POLLUTION CONTROL FOR MOBILE 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 .00 THROUGH 69.00: RESERVED) 2401 

12/28/07 310 CMR - 36 
310 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 310 CMR 70.00 2464 

310 CMR 71.00: INDUSTRIAL WASTEWATER REGULATIONS FOR 

PHOTO PROCESSORS 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 CMR 72.00: 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 CMR 73.00: AMALGAM WASTEWATER AND RECYCLING 

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 IN VEHICLES 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 

12128/07 310 CMR - 37 
310 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 AND 40 ARE RESERVED FOR FUTURE USE) 

12/28/07 310 CMR - 38 
310 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 

12/28/07 310 CMR - 167 
310 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 W B 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 

12/28/07 310 CMR - 168 
310 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 - 169 
310 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 - 170 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.02: continued 

23. Ownership. A change in facility ownership, provided that the Department is notified 

in writing of the ownership change within 60 days of the effective date of the change . 

24. Plan Approval b, Rule . An emission unit listed in 310 CMR 7.03 provided that the 

emission unit fully conforms to the design, operation, maintenance, and record keeping 

requirements of 310,CMR 7.03. 

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 facility or 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. A process 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 CMR 7.02(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 catalytic oxidizers as allowed by 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 input capacity less than 

3,000,000 Btu per hour or an internal combustion engine regulated by EPA as 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 310 CMR 7.26(40) through (44), or an internal combustion engine regulated by 

EPA as 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 CMR 7.18, 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 CMR 7.26(23)(a)3., or any wood fuel-fired 

boiler. 

33 . Actions that Contravene an Issued Plan Approval. Except as provided in 310 CMR 

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 not increase potential emissions by one ton per 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 310 CMR 7.00) of the planned 

action . Reductions in emissions resulting from reduced utilization or elimination of, 

emission units cannot be deducted . Products of combustion from any 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 CMR 7.02(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 that would contravene those provisions of an issued plan approval that 

require: 

i. emission control equipment design specifications ; or 

12/28/07 310 CMR - 205 
310 CMR: 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/HOC content 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 CMR 7.02(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 

from the 510(k) premarket notification requirement. 

(c) Exclusions from Exem tions. Notwithstanding the provisions of 310 CMR 7.02(2)(a), 

and 7.02(2)(b), the provisions 310 CMR 7 .02(4) and 310 CMR 7.02(5) requiring a written 

plan approval shall apply to 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 310 CMR 7.02(5)(a)5 . through 13 . ; or 

3. would cause increases in aggregate emissions above thresholds defined by 310 CMR 

7.02(6) ; or 

4. would cause or contribute to a condition of air pollution under 310 CMR 7.02(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 310 CMR 7.12, 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 CMR 7.02(2)(b)33. 

for contravening the provisions of a plan approval shall submit the report within 30 days 

of said action. 

(f) Enforcement. If construction, substantial reconstruction, alteration or operation of an 

emission unit for which an exemption from plan approval is claimed, violates any provisions 

of 310 CMR 7.00, 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 §, 16 and/or any 

other relief or remedy provided by law including, but not limited 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 

been granted by the Department . Procedures and contents of an application for plan approval 

can be found at 310 CMR 7.02(4) and 310 CMR 7.02(5) . 

12/28/07 310 CMR - 206 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.02: continued 

(b) Department Review of Information. The Department will use information submitted 

pursuant to 310 CMR 7.02(7)(a) to determine the adequacy and application of existing air 

pollution control technology at a facility to prevent a condition of air pollution. In addition, 

the Department's representative, upon presentation of credentials: 

1. Shall have right of entry to, upon, or through any premises of any such person in which 

records required by 310 CMR 7.02(7)(a) are located, and 

2. May at reasonable times have access to copy any records, inspect any equipment, 

review any documents, and sample any emissions that the owner or operator of the 

facility is required to sample under 310 CMR 7.02(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 310 CMR 7.01(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, after review of the submitted 

information, the Department determines that the facility is in need of reconstruction, 

alteration or repair to prevent the facility from causing 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 310 CMR 7.02(5) . The plan 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) Continuing Doerations . The Department may allow the 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 

CMR 7.02(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 310 CMR 7.00: Appendix A. 

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, operating standard or combination thereof. (See Definition 

of BACT in 310 CMR 7.00.) 

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 

40 CFR Part 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 the application 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, hot oil generator, melt furnace, oven, or similar fuel burning unit as determined 

by the Department . 

9/23/05 310 CMR - 213 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7 .02: continued 

(c) Emission Limitations for Existing Facilities. Existing facilities must comply with the 

applicable requirements of 310 CMR 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 310 CMR 7.02(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, 5 and 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 4 unless 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' 

250 MMBtu 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 - 214 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.02: continued 

Fuel Utilization Facilities 

Solid Fuel 

Residual Oil 

Distillate oil 

Natural gas 

Table 4: continued 

City of Worcester 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 

0.10 Ib ./MMBtu 

(e) Maximum Particulate Emission Rate : All Other Communities. In communities other 

than those listed in 310 CMR 7.02: 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 310 CMR 7.02: 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 

250 MMBtu 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 

CMR 7.02(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 5 as 

specified in the 40 CFR Part 60, Appendix A- Standards of Performance for New Stationary 

Sources, 40 CFR Part 60 Subpart 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 in the Federal Register, Volume 39, No.2, March 8,1974) orby another method 

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 310 CMR 

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 CMR 7.02: 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 

New New (Critical Area -Table 3) 

0.20 0.10 

0.10 0.10 

0.10 

0.05 

12/28/07 310 CMR - 215 
310 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 emergency or standby engine shall be governed 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 greater than 3,000,000 Btu per 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, 1990 and 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 310 CMR7.02(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 said engine(s) shall comply with 

310 CMR 7.02(8)(i)2 . through 5., or 310 CMR 7.02(11). 

2. Limits of O eration. Each engine may be operated no more than a total of 300 hours 

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 following records 

for each engine : 

a. Information on equipment type, make and model, and maximum power 

input/output; and 

b. A monthly log(s) of hours of operation, gallons of fuel 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 for delivery for 

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 CFR 80.29, 40 CFR 80.500, 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 but not limited to, restricting potential 

emissions to allow redesignation for purposes of annual compliance fee assessment (310 

CMR 4.03) ; or 

9/23/05 310 CMR - 216 
310 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 system meets the requirements of 310 CMR 7.24(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 VOC per calendar month. This emission rate shall 

include emissions from all printing 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 rolling period . This emission rate shall include emissions 

from all printing and non-printing operations at the facility, including, but not limited to, 

non-heatset offset lithographic printing presses. The owner/operator is not subject to the 

reporting requirements of 310 CMR 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 of alcohol 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 - 223 
310 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 VOC composite 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 VOC by 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 system but 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 310 CMR 7.03(15)(b), 

the temperature of the fountain solution, as recorded on a once per shift basis; and 

5. Total VOC emissions (tons per calendar month) for all printing presses combined at 

the facility, as described in 310 CMR 7.03(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 CMR 7.03(16)(b)1. shall be subject to the requirements 

in either 310 CMR 7.03(16)(a) 1. or (a)2. 

(a) 1 . The total facility, including the new or modified paint spray booth, 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 VOC per calendar month. This emission rate 

includes all coating operations at the facility. The owner/operator is subject to the 

reporting requirements of 310 CMR 7.12. 

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 CMR 7.12 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; 

310 CMR 7.18(5) Large Appliance Surface Coating; 

310 CMR 7.18(6) Magnetic Wire Insulation Surface Coating; 

310 CMR 7.18(7) Automobile Surface Coating; 

310 CMR 7.18(10) Metal Coil Coating; 

310 CMR 7.18(11) Surface Coating of Miscellaneous Metal Parts and Products ; 

310 CMR 7.18(21) Plastic Parts Surface Coating; 

12/28/07 310 CMR - 224 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.03: continued 

310 CMR 7.18(22) Leather Surface Coating; 

310 CMR 7.18(23) Wood Products Surface Coating; 

310 CMR 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 CMR 7.02. 

(c) Except as provided in 310 CMR 7.18(11)(a)1 ., all coatings used in the new or modified 

spray booth shall comply with the as-applied formulations contained in 310 CMR 7.18 et 

seq., for the spray coating of material described by the relevant subsection . Notwithstanding 

the previous statement, for any person who owns, leases, operates or controls a facility with 

coating operation(s) subject to 310 CMR 7.03(16), the emissions of VOC from any coatings 

used in small amounts at the facility are exempt from the emission limitations of the relevant 

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. the person 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 310 CMR 7.03(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 HVLP spray application and is approved by the Department in writing. 

(e) Each paint spray booth shall utilize two or more layers of dry fiber mat filter with a total 

thickness of at least two inches or an equivalent system as 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 DEP regulations. 

(f) Face velocity of air at filter shall not exceed 200 feet per minute . 

(g) For surface preparation, prior to coating, the VOC content 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, for surface 

preparation of plastic parts the VOC content of the surface preparation solution shall not 

exceed 6.5 pounds of VOC per 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 40 feet 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 VOC per gallon of coating; 

d. Pounds of solids per gallon of coating; 

e. Pounds of water per gallon of coating; 

f. Pounds of other non-VOC liquid per gallon of coating; and 

g. Pounds of VOC per gallon of solids as applied. 

12/28/07 310 CMR - 225 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.03 : continued 

2. Gallons of exempt/non-compliance coatings used; and 

3. Gallons of cleanup solution used and pounds VOC per 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 

preparation product, and the VOC content (in pounds per gallon) of each coating and surface 

preparation product, after mixing according to the manufacturer's instructions . Records shall 

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 

system complying with the following criteria: 

(a) CGTS or contaminated soil venting systems shall be equipped and operated such that 

the system continuously reduces VOC in 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 soil venting 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 system without 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 of water flow rate and total flow to date for the 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 air prior to control, and VOC 

concentrations after control; 

4. Once per month, measurement of overall VOC reduction efficiency of the air 

pollution control system in 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 Cells. 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 - 226 
310 CMR: 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 performance standards in 310 CMR 7.26(25) and 310 CMR 7.26(26) shall be subject 

to the limits and reporting requirements in either 310 CMR 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 VOC per calendar month. 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, and non-printing 

operations at the facility, shall use less than 2,000 gallons per 12-month rolling period 

of all materials containing organic material (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 subject to the reporting requirements of 310 CMR 7.12 

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 CMR 7.26(20) through (29) and that the usage rate or 

the emissions rate do not exceed the rates set forth in 310 CMR 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 any bare-roll or covered-roll corona surface treatment device equipped with 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 system or 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 visible emissions and shall comply with provisions of 310 CMR 

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 

(Petroleum and 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 the control of the person who owns or operates the facility . Temporary boilers 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 120 days; 

(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 120 days . 

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 system designed to vent fumes and 

particulate to a particulate collection device having a control efficiency of 90% or greater. 

12/28/07 310 CMR - 227 
310 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 Exemption Notice, a New Drug Application, a premarket 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 new or 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 

VOC emission 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 310 CMR 7.12. 

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 HAP shall 

not exceed two tons per calendar month, and any combination of (total) HAP shall 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 310 CMR 7.02(25)(b)1. or (b)2 ., are subject to 310 CMR 

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 CMR 7.02: Plan Annroval and Emission 

Limitations, 310 CMR 7.03: 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 other solutions which contain VOC shall 

be kept in tightly closed containers when not in active use and during transport and 

storage, and 

b. The spent cleaning cloths and/or wipes used in conjunction 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 310 CMR 7.03(25) for each calendar month. Records kept 

to demonstrate compliance with 310 CMR 7.03(25) shall be maintained on-site for five 

years and shall 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 VOC used ; 

b. Pounds of VOC used; 

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 - 228 
310 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 solid fuel 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 the need for combustion 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 which must be retained and made 

available for a period of one year from the date of use. 

(b) the Department may require any fuel utilization facility, other than those specified under 

the provision of 310 CMR 7.04 (2)(a) to be equipped with smoke density sensing 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 CMR 7.04(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 40 CFR 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 3,000,000 Btu per hour unless said facility has been 

inspected and maintained in accordance with the manufacturers recommendations and tested 

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 otherwise required, 310 CMR 7.04(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 310 CMR 7.00, other than for 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 

250,000,000 Btu per hour to be equipped with an automatic viscosity controller 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 - 228.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.04: continued 

(7) CM Prohibition of Unapproved Burners in the City of Worcester. 

(a) Upon receipt of written 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 any fossil fuel utilization 

facility subject to the provisions of 310 CMR 7.04(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 310 CMR 7.04(7)(a) will be achieved . Compliance in all instances 

shall be achieved as expeditiously as practicable but in no case later than September 1, 1980. 

12/28/07 310 CMR - 228.2 
310 CMR: 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 need other than movement and substitute alternate power means cannot 

be made available provided that such operation does not cause or contribute to a 

condition of air pollution. 

(c) 310 CMR 7.11(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 CMR 7.00 

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) 310 CMR 7.11(2)(a) and 7.11(2)(b) are subject to the enforcement provisions specified 

in 310 CMR 7.52. 

(3) Aircraft. No person owning or operating an airport shall cause, suffer, allow, or permit 

routine warmups, testing, or other operation of aircraft 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 CMR 7.11 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: U Source Registration 

(1) 

(a) 

Applicability . 

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 - 245 
310 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 

to emit (facility-wide) equal to or greater 

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 CFR Part 61 and Part 63, for which 

the Department has received delegation from EPA; ' 

6. Is or contains a stationary reciprocating internal combustion engine (except for 

emergency or standby engines) with a maximum energy input capacity 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) Any person owning, operating or controlling a facility that becomes subject to reporting by meeting one of the criteria in 310 CMR 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 CMR 7.26 

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 CMR 7.12(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 CMR 7.02(9) ; 

3. [Reserved] ; 

pursuant to 310 CMR 

4. A facility with actual emissions of NO, or VOC equal 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 40 CFR Part 61 and Part 

63, for which the Department has received delegation from EPA; or 

6. A facility 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 the Department 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 from motor vehicles, incinerators 

and products of combustion from fuel utilization facilities. 

12/28/07 310 CMR - 246 
310 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 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 

VOC composite partial pressure as defined in 310 CMR 7.00; 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 VOC composite partial pressure as defined in 310 CMR 

7.00; 

3. records of the percent by weight of VOC in 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; 

4. calculations performed pursuant to 310 CMR 7.26(24)(a)3 ; 

5. the daily temperature of fountain solutions required to be refrigerated pursuant to 

310 CMR 7.26(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 VOC composite partial pressure as defined in 310 CMR 

7.00; 

5/1/98 310 CMR - 250.72.18.5 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.26: continued 

3. a calculation of actual emissions per calendar month based of all VOC and each HAP 

containing compounds used at the facility. VOC emissions from non-heatset inks used 

in lithography shall be calculated by assuming that 5% of the inks' VOCs are emitted to 

the atmosphere and 95% are retained in the paper. VOC emissions 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 VOC in 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 of fountain 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, and plastisol inks, MSDSs 

or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, 

or plastisol as applicable; and, 

8. 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 . 

(29) Compliance Certification Requirement: 

(a) Beginning on September 15, 2006, each printer shall submit to the Department a 

compliance certification in accordance with 310 CMR 70.00 and 310 CMR 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 310 CMR 7.26(30) through (37) apply to any person who owns 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 CFR 60 Subpart Dc - Standards of Performance for Small 

Industrial - Commercial Steam Generating 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 310 CMR 7.26(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 CMR 7.02(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, 

310 CMR 7.02(5) does apply; or 

3. who installs a temporary boiler in accordance with 310 CMR 7.03(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 : 

12/28/07 310 CMR - 250.72.18 .6 
310 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 310 CMR 7.02(5) to increase the facilitywide cap or to establish an emission cap to avoid applicability to Non-Attainment 

Review at 310 CMR 7.00: Appendix A, Operating Permit and Compliance Program at 

310 CMR 7.00: Appendix C or federal PSD(40 CFR 52.21) ; or 

2. comply with 310 CMR 7.26(30) through (37) and comply with the requirements of 

Non-Attainment Review at 310 CMR 7.00: Appendix A, the Operating Permit and 

Compliance Program at 310 CMR 7.00: Appendix C and federal PSD (40 CFR 52.21) 

as applicable ; or 

3 . comply with 310 CMR 7.26(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 CMR 7.26(30) through (37) and comply with the requirements of 

310 CMR 7.02(10): Modification of a Restricted Emission Status (RES). 

(c) Any person who is the owner/operator of a boiler installed in accordance with 310 CMR 

7.26(30) shall continue to comply with 310 CMR 7.26(31) and (33) through (37) even if the 

facility later becomes subject to 310 CMR 7.00: Appendix C. 

(31) Definitions. Terms used in 310 CMR 7 .26(30) through (37) are defined in 310 CMR 7.00 

or in 310 CMR 7.26(31). Where a term is defined in both 310 CMR 7.00 and in 310 CMR 

7.26(31), the definition in 310 CMR 7.26(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 SYSTEM means 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 steam or heats water. 

DISTILLATE FUEL OIL for the purposes of 310 CMR 7.26(30) means fuel oil that complies 

with the specifications for fuel oil numbers 1 or 2 as defined by the American Society for Testing 

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 310 CMR 7.26(30) means to set an emission unit in 

position for use. A relocation of a previously approved boiler, provided that it is relocated within 

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 40 CFR 80.520(a) and (b) as in effect on January 18,2001 and either complies with 

the specifications for fuel oil numbers 1 or 2 as 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 60 days of the date on which the 

boiler commences operation. 

12/28/07 310 CMR - 250.72.18.7 
310 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 310 CMR 7.26(30) shall certify to the Department, 

in compliance with 310 CMR 70.00, that the boiler is in compliance with 310 CMR 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 

310 CMR 30.000 cannot be burned in boilers subject to 310 CMR 7.26(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 180 days 

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 310 CMR 

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 310 CMR 7.26(30) shall accept for delivery only 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 comply with the following emission limitations 

in pounds per million Btu heat input for the fuel of use. 

POLLUTANT Fuel of Use Emission limitation 

(lbs . per million 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 ULSD fuel oil is limited to 0.0015% by weight. 

(d) The carbon monoxide emission limitation specified in 310 CMR 7.26(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 - 250.72.18.8 
310 CMR: 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 test shall include at least a smoke spot reading, flue gas 

temperature measurement and a measure of carbon dioxide, oxygen, and carbon monoxide. 

A written 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 flow of 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 system shall 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. a written 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 shall be kept for at least three calendar years. 

(e) The person who is the owner or operator of an applicable boiler is subject to the 

reporting requirements of 310 CMR 7.12: U Source 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) 

(a) 

Engines 

310 CMR 

and Combustion 

7.26(40) through 

Turbines 

(44) 

- 

in 

Applicability . 

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 (40 CFR 52.21) or Non-attainment Review 

at 310 CMR 7.00: Appendix A. 

(b) Owners and operators of engines regulated under 40 CFR 89, 90, 91, and 92 are exempt 

from the requirements of 310 CMR 7.26(40) through (44) in its entirety . 

(41) Definitions. Terms used in 310 CMR 7.26(40) through (44) are defined in 310 CMR 7.00 

and 310 CMR 7.26(41). When a term is defined in both 310 CMR 7.00 and 310 CMR 7.26(41), 

the definition in 310 CMR 7.26(41) shall govern . 

12/28/07 310 CMR - 250.72.18.9 
3~10 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 low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels, or other such emergency conditions . 

Engines 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 a person that manufactures, assembles, or otherwise supplies engines or turbines . 

Turbine means a stationary combustion turbine. 

(42) Emergency Engines and Turbines . 

(a) A licabilit . 310 CMR 7.26(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, substantially reconstructed or altered after March 23, 2006. Owners and operators of peaking 

power units, load shaving units or units in an energy assistance program are 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 310 CMR 7.03(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 310 CMR 7.02(5) may operate during an 

emergency as defined in 310 CMR 7.26(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 power output equal to or greater than 37 kW must comply with the applicable emission limitations set by the US EPA for non-road engines (40 CFR 89 

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 from the 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 CMR 7.26(42): Table 1. 

12/28/07 310 CMR - 250.72.18.10 
310 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 CMR 7.26(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 an emergency or standby 

engine or emergency turbine subject to 310 CMR 7.26(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 counter shall 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 flow of the emitted 

combustion gases, including but not limited to rain protection devices "shanty caps" 

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 power output equal to or greater than 300 kw, 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 the applicable emergency engine or turbine will 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 310 CMR 7.06(1)(a) and (b). 

12/28/07 310 CMR - 250.72.18.11 
310 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. A one 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 EPA reference Methods, California Air Resources Board Methods 

approved by EPA, or equivalent methods as approved by the Department and EPA. 

b. Particulate matter from liquid 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. The Department 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 310 CMR 7.26(42)(f)1. through 4. Such records shall be maintained on site or for remote 

locations, at the closest facility where records can be maintained and shall be made available to the Department or its designee upon request. The owner or operator shall certify that 

records are accurate and true in accordance with 310 CMR 7 .01(2)(a) through (c). 

1 . Information on equipment type, make and model, and rated power output ; and 

2. A monthly log of hours of operation, fuel type, heating value and sulfur content for fuel oil. A monthly 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 from the manufacturer related to certificates . 

(43) Engines and Turbines . 

(a) ApplicabilitX. 310 CMR 7.26(43) in its entirety shall apply to any person who owns 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 CMR 7.26(43). 

2. The owner or operator of any engine or turbine subject to 310 CMR 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 310 CMR 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 greater than 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 CMR 7.26(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 310 CMR 7.26(43) shall comply with the emission limitations established in 310 CMR 7.26(43): Table 2, 3 and 4. 

12/28/07 310 CMR - 250.72.18.12 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.26: continued 

1. A supplier of an engine or turbine may seek to certify that an engine or turbine meet 

the emission limitations established in 310 CMR 7.26(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 review of the state 

of, and expected changes in, technology and emission rates. The purpose of this review 

will be to determine whether the 310 CMR 7.26(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 review the 

state of technology and emission rates and determine whether the emission limits defined 

in 310 CMR 7.26(43): Table 2, 3 or 4. should be amended. 

4. The Department may at other times review the state of 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 

Ammonia 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 after July 1, 2007, no person shall accept delivery for burning 

in any engine or turbine subject to 310 CMR 7.26(43) 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 an engine or turbine 

subject to 310 CMR 7.26(43) shall comply with the following operational requirements : 

12/28/07 310 CMR - 250.72.18.13 
310 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 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 flow of 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 300 kw 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 exhaust stack 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 CMR 7.06(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 CMR 70.00: 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 the first 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 EPA reference Methods, California Air Resources Board Methods 

as approved by EPA, or equivalent methods as approved by the Department and EPA. b. Particulate matter, from liquid 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. 

12/28/07 310 CMR - 250.72.18.14 
310 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 310 CMR 7.26(43)(f)1. through 4. Such records shall be made available to the Department 

or its designee upon request. The owner or operator shall certify that records are accurate and 

true in accordance with 310 CMR 7.01(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. A monthly calculation of the total hours operated and gallons of fuel 

used in the previous 12 months shall be kept on site ; and 

3. Purchase orders, invoices, and other documents to support information in 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 310 CMR 7.26(42): Emergency Engines and Turbines may elect to remove the 

hours of operation restriction to operate in a non-emergency by complying 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 310 CMR 7.26(43). 

7.27: NOx Allowance Promm 

(1) PuMose and Scone. 

(a) The purpose of 310 CMR 7.27 is to control emissions of nitrogen oxides (NOx) during 

the summertime ozone season (May 1°' through September 30* of each year). 310 CMR 7.27 

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 show that 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 310 CMR 7.27(3)(b) to reflect any modifications needed to the Massachusetts NOx 

emission budget after 2003. 

(d) The Department will allocate NOx allowances for each 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 310 CMR 7.27, provided 

the other state has adopted and implemented a NOx allowance program consistent 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 CMR 7.27 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 CMR 7.27. If a term is 

defined in 310 CMR 7.00 and in 310 CMR 7.27(2), the definition in 310 CMR 7.27(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 Allowance Tracking System where allowances are recorded, 

and includes both compliance accounts and general accounts . 

12/28/07 310 CMR - 250.72.18.15 
310 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 250 MMBtu/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 310 CMR 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 310 CMR 7.27(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 

Administrator from a NOx Allowance Tracking System account pursuant to 310 CMR 7.27(14). 

Allowance Transfer means the transfer to another account of one or more allowances by 

whatever means, including but not limited to purchase, trade, auction, or gift, in accordance with the procedures established in 310 CMR 7.27(8) . 

12/28/07 310 CMR - 250.72.18.16