COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 

DEPARTMENT OP ENVIRONMENTAL PROTECTION 

ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 

BOB DURAND 

Secretary 

LAUREN A. LISS 

Commissioner 

BUREAU OF WASTE PREVENTION 

BUSINESS COMPLIANCE DIVISION 

TECHNICAL SUPPORT AND BACKGROUND DOCUMENT 

FOR THE PROPOSED AMENDMENT 

TO 310 CMR 7.26, et al. 

BOILERS 

ERP CERTIFICATION REQUIREMENTS 

PERMITTING REQUIREMENTS 

REGULATORY AUTHORITY 

M.G.L. c. Ill , SECTION 142 A through 142M 

M.G.L. c. 21, SECTION 26 through 53 

M.G.L. c. 21A, SECTION 2 through 16 

July, 2000 

This information is available in alternatt format by calling our ADA Coordinator at ((17) 5744872. 

DEP on the World Wide Web: http://www.state.ma.us/dep 

O Printed on Recycled Paper 

ARGEO PAUL CEIXUCCI 

Governor 

JANE SWIFT 

Lieutenant Governor 
TABLE OF CONTENTS 

I . BACKGROUND 

I I . PROPOSED REVISIONS 

III . EMISSIONS/AIR QUALITY IMPACTS 

IV. ECONOMIC IMPACTS 

V. ANCILLARY PROGRAM IMPACTS (other regulations , et al. ) 

V I . IMPLEMENTATION 

APPENDIX - Text of proposed amendments t o 7.26, et al . 
Technical Support and Background 

Document For the Proposed 

Amendments t o 310 CMR 7.26, e t al . 

July , 2000 

Synopsis: The Department of Environmental Protection (DEP) 

proposes to replace the existing permitting procedure 

for new boilers having an energy input capacity between 

10 and 40 million Btu per hour with process-specific 

performance standards and compliance certifications, 

under the Environmental Results Program. The purpose 

is to simplify and clarify the regulatory process, thus 

reducing the cost and time required to comply, while 

maintaining effective standards and improving 

environmental results. The proposed standards require 

the use of clean fuels, set emissions limits, and 

specify operational and record keeping requirements. 

Initial and annual compliance certifications, signed by 

a responsible official , must be submitted to the DEP in 

accordance with 310 CMR 70.00. Also proposed is an 

amendment to 310 CMR 7.02 to exempt facilities that 

comply with ERP from plan application requirements. 

The proposed amendments to 310 CMR 7.02, 7.26 and 310 

CMR 70.02 are attached to this document as an appendix. 

This document provides background informatio n and a general 

discussio n of the proposed amendments t o 310 CMR 7.26 et al t 

which provide an alternativ e t o the current permittin g procedure 

f o r new boilers , and includes the DEP's rational e fo r proposing 

these amendments. 

I . Background 

Under curren t ai r pollutio n contro l regulation s the installatio n 

of a boile r wit h an inpu t capacit y between 10 and 40 millio n Btu 

p er hour i s regulated under 310 CMR 7.02, which require s each 

operator, on a case-by-case basis, t o submit a Limite d or 

Comprehensive Plan Applicatio n fo r approval prio r t o 

installation . Submittal of a pla n applicatio n require s the 

applican t t o identif y and implement best availabl e contro l 

technology (BACT) fo r the particula r boile r t o be installed . 

The preparatio n of a pla n application , and the approval process 

performed by DEP staf f require s technical/regulator y expertise , 

significan t time and cost. The boile r regulation , 310 CMR 

7.26 (30)- (37), i s proposed t o establis h a clear , easil y 

understood set of performance standards fo r al l subject new 

boiler s i n Massachusetts, and, therefore , eliminat e the need fo r 

case-by-case submitta l o f pla n application s by the owner and 

review of such application s by the DEP. 

The proposed regulation s contai n emission limit s consistent wit h 

limit s i n recent DEP. pla n approvals. The proposal also limit s 

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fue l use fo r new boiler s i n Massachusetts, and includes 

operationa l and recor d keeping requirements. 

I I . Proposed Revisions 

The proposed amendments t o 310 CMR 7.26 set standards fo r subject 

new boiler s tha t replace the requirement t o obtai n a pla n 

approval under 310 CMR 7.02(2). 310 CMR 70.00, the Environmental 

Results Program (ERP), i s amended by adding facilitie s wit h 

subject boiler s t o the lis t of "ERP Facilities" , and clarifyin g 

certificatio n form and submission requirements. The specifi c 

requirements are described below. 

Boiler s (7.26) 

Applicabilit y 

New boiler s wit h an energy inpu t capacity between 10 and 4 0 

millio n Btu per hour are subject t o the proposed regulation . 

Existin g boiler s and boile r upgrades, e.g., replaced burners, are 

n ot subject t o the proposed regulation . Owners of new boiler s i n 

thi s size range installe d i n facilitie s tha t must obtai n an 

operatin g permit i n accordance wit h the 310 CMR 7.00: Appendix C 

a re not subject t o the proposed regulation . 

Certificatio n Requirements 

The proposed regulatio n incorporates by reference the ERP 

Compliance Certificatio n Requirements specifie d i n 310 CMR 70.00. 

Also proposed i s the certificatio n submission schedule. Within 

60 days of the date tha t a subject boile r begins operation, the 

facilit y owner must submit an initia l certificatio n t o DEP, and 

follow-up by submittin g annual compliance certification s by March 

1 5t h of each subsequent year on forms supplied by DEP. 

Fuel Requirements 

Subject boiler s must burn natura l gas, which, as defined i n 310 

CMR 7.00, includes liquefie d petroleum gas (LPG), as the primary 

fuel , i f economically feasible . Burning natura l gas emits 

significantl y smaller amounts of particulat e matter, NOx, and S02 

than burning distillat e fue l oi l or other fuels . These ai r 

pollutant s contribut e t o respirator y healt h problems, summertime 

smog formation , and aci d deposition . 

Red dye distillat e fue l oi l or liquefie d petroleum gas (LPG) may 

be used as alternativ e fuel s i f the boile r i s installe d on a 

propert y tha t i s greater than one hal f mile from the nearest 

existin g natura l gas pipeline , or the cost of burning natura l gas 

supplied through a pipelin e exceeds $13,000/ton of NOx or 

$6,000/ton of S02, reduced from baseline emissions, as 

demonstrated by a cost analysis . Baseline emissions are the 

emissions tha t would be generated i f residua l ,oi l were burned i n 

t he boiler . The cost analysis must be conducted as described i n 

t he Economic Impacts section of the NESCAUM BACT Guideline, dated 

June 1991. The Economic Impacts sectio n of the NESCAUM BACT 

Guideline and a sample cost analysi s wil l be included i n the 

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Boiler Environmental Certification Workbook to assist operators 

who conduct a cost analysis. The workbook i s being developed by 

DEP, and wil l be available to al l interested parties prior to the 

effective date of the proposed regulation. If the analysis i s 

determined to be deficient, the Department has the authority to 

order the analysis repeated and submitted, and/or to order that 

the boiler burn natural gas. Therefore, the cost analysis must 

be submitted to DEP before the boiler i s installed. I f the 

operator does not receive disapproval from the DEP within 60 days 

of submittal, the operator may presume the cost analysis i s 

approved. DEP invites public comment on the proposed distance and 

cost thresholds that wil l determine whether or not natural gas 

supplied by a pipeline must be the primary fuel of use. 

Red dye distillat e fue l oi l i s a low-sulfur fue l that differ s 

from transportation diesel fue l only by the addition of a red 

dye. LPG consists of propane, butane, or a mixture of propane and 

butane. 

Red dye distillat e fue l or LPG may be used as a backup fue l fo r 

up to 30 days withi n any calendar year. 

DEP i s aware of interes t i n exploring the use of wood as a fue l 

source fo r boiler s i n Massachusetts. Electri c utilit y 

restructurin g legislatio n has established requirements that a 

portion of generating capacity must come from renewable energy 

sources. Therefore, the owner of a facilit y who proposes to 

instal l a wood fuel-fire d boile r with energy input capacity of 10 

millio n to 40 millio n Btu per hour i s exempt from the provisions 

of the proposed regulation, and must obtain pre-construction 

approval fo r the wood fuel-fire d boile r under 310 CMR 7.02(2). 

Emission Limits 

Emission limit s are specified fo r each fue l type (natural gas or 

red dye distillat e fuel) for nitrogen oxides (NOx), particulat e 

matter, carbon monoxide, and volatil e organic compounds (VOC). 

Limits are also set fo r the sulfu r content of each fuel . Visibl e 

emissions may not exceed 10% opacity at any time during boile r 

operation. 

Stack Design Requirements 

In order to ensure adequate dispersion of combustion emissions, 

proper stack design addresses location , height, and gas exi t 

velocity . To minimize plume entrapment i n wakes and downwash, 

stack height must be at least 1.5 times the height of the 

buildin g from ground level . Alternatively , a lower stack may be 

buil t i f ai r qualit y modeling documentation i s kept on-site which 

demonstrates that a downwash condition resultin g i n an exceedance 

of National Ambient Ai r Quality Standards (NAAQS) i s not caused 

by the lower stack height. 

I f the height of a nearby structure i s greater i n height than the 

stack i n question, the potentia l fo r plume entrapment i n a wake 

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may exist . I n such a case, ai r qualit y modeling must be used to 

demonstrate that the NAAQS wil l not be exceeded. 

Two additional requirements specify that the combustion gas must 

be discharged verticall y upwards and rai n protection devices 

shal l not restric t combustion gas flow as i t exit s the stack. 

Operational Requirements 

To ensure efficien t combustion and compliance with the emissions 

standards, subject boiler s must be operated and maintained 

according to the manufacturer's instructions . Tune-ups and 

efficienc y testin g are considered crucia l to efficient , clean 

operation. Several tune-up options are proposed, depending on 

the type of fue l burned. I f natural gas i s the primary fuel , one 

annual tune-up i s required. I f red dye distillat e fue l oi l i s 

burned as the primary fuel , tune-ups must be performed semiannually. The additional tune-up i s proposed fo r red dye 

distillat e fue l burning boiler s because they emit NOx and 

particulat e matter at higher rates than boilers burning natural 

gas. Therefore, i t i s especially important that such boilers are 

operated at peak efficiency . Boilers burning eithe r fue l and 

operated with automated combustion control/management systems are 

not required to perform periodic tune-ups. Efficiency tests must 

include a smoke spot reading, measurement of carbon dioxide, 

carbon monoxide, oxygen, and flu e gas temperature. 

Flue gas temperature must be maintained above the acid dew point 

at the stack exit . The acid dew point i s the temperature at 

which the flu e gas would condense upon the stack surface. 

Typically, the acid dew point i s approximately 300° F. 

Condensation of flu e gas upon the interio r stack surface can 

resul t i n damage to the interio r surface of the stack. 

Recordkeeping Requirements 

To document compliance with the requirements of 7.26 (30)-(37), 

monthly' records must be kept on sit e fo r at least three years, 

and include the following: 

1. Monthly records of fue l type and quantity used, 

2. Fuel heating value and percent sulfu r content, as certifie d 

by the supplier, 

3. Results of periodic tune-ups and efficienc y testing , 

4. Al l purchase orders and invoices related to the boile r 

. operation, 

5. Manufacturer's operating and maintenance instructions, 

6. Documentation that the boile r wil l meet the emissions limit s 

when operated and maintained according to the manufacturer's 

instructions . 

4 
Informatio n specifie d by items 5 and 6 above must be kept onsite 

f o r as long as the applicabl e boile r remains i n operation . 

Plan Approval (7.02) 

An amendment t o 310 CMR 7.02 i s proposed t o exempt facilitie s 

tha t comply wit h ERP (7.26), VOC/NOx RACT, or the NOx Allowance 

Program from the requirement t o submit a pla n application . 

Environmental Results Program Certificatio n (70.00) 

An amendment t o 310 CMR 70.02 adds facilitie s wit h a boile r 

subject t o 310 CMR 7.26 t o the lis t of ERP facilities . The 

proposed amendment t o 310 CMR 70.03(4) authorizes DEP t o requir e 

ERP facilitie s t o submit forms tha t verif y the correctio n of 

violation s and retur n t o compliance. 310 CMR 70.03(6) i s added 

t o clarif y the certificatio n submission schedule. 

III . EMISSIONS/AIR QUALITY IMPACTS 

The amendments are expected t o have a positiv e impact on 

emissions and ai r quality . The proposed regulator y requirements 

a re equivalent t o the existin g leve l of contro l (BACT) under 

7.02(2). DEP expects the anticipate d outreach effor t wil l resul t 

i n greate r awareness i n the regulate d community of ai r pollutio n 

contro l requirements and therefore , increase the number of 

facilitie s tha t minimize boile r emissions by burning clean fuel s 

and maintainin g combustion equipment t o operate efficiently . 

IV. ECONOMIC IMPACTS 

DEP anticipates.tha t the proposed amendments wil l have a positiv e 

economic impact on facilitie s i n which new boiler s are installe d 

because they simplif y and reduce the cost of compliance i n most 

cases. Facilitie s wil l no longer have t o pay the permi t 

applicatio n fee o f $300, and there wil l be no additiona l fees 

resultin g from the requirement t o submit annual compliance 

certifications . The simplifie d annual certificatio n process 

should also eliminat e or.reduce the need fo r technica l assistance 

from a thir d party , as typicall y needed under existin g 

regulations , t o prepare a plan applicatio n under 310 CMR 7.02. 

V. ANCILLARY PROGRAM IMPACTS 

Impacts on Citie s and Towns (Propositio n 2 1/2) 

Since the proposed regulatio n simplifie s the existin g permittin g 

process, the overal l cost of installin g and operatin g a new 

boile r wil l likel y decrease, saving money fo r citie s and towns of 

Massachusetts. Therefore, there wil l be no Propositio n 2 1/2 

issues. 

5 
ME PA 

Submittal of an Environmental Notificatio n Form i s not necessary 

because the proposed regulatio n wil l not resul t i n increased ai r 

emissions over what would occur wit h the existin g permittin g 

requirements. Therefore, the proposed regulation s wil l not 

decrease protectio n of ai r qualit y i n Massachusetts. 

Agricultura l Impacts 

I t i s the intentio n of Massachusetts General Laws, Chapter 3OA, 

Section 18 t o requir e stat e agencies t o evaluate the impact of 

proposed programs on agricultur e withi n the Commonwealth. The 

Department has determined tha t the proposed amendments wil l have 

no adverse impact on agricultur e i n Massachusetts. 

Public Participatio n 

As require d by law, DEP gives publi c notic e and provides the 

opportunit y t o review background and technica l informatio n at 

leas t 21 days prio r t o proposing the regulatio n amendments at a 

publi c hearing. To assure more, adequate notic e fo r processing a 

rul e as an amendment t o the stat e implementation pla n (SIP), 

formal notic e wil l be issued 3 0 days before the publi c hearings. 

Two hearings wil l be held, one each, i n Boston and Springfield . 

VI. IMPLEMENTATION 

Once implemented, these amendments wil l reduce DEP's work load 

since the curren t permittin g process wil l be replaced by the 

simpler, les s labor-intensiv e compliance certificatio n process i n 

accordance wit h the ERP (310 CMR 70.00). 

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APPENDIX PROPOSED AMENDMENTS 

310 CMR: DEPAPARTMENT OF ENVIRONMENTAL PROTECTION