DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BUREAU OF WASTE PREVENTION 

NOTICE 

Notice is hereby given that the Department of Environmental Protection (MassDEP), acting in accordance with the 

provisions ofM.G.L. c. I I I,§§ 142A through 1420; c. 210; and c. 21C, will hold public hearings on proposed 

amendments to 310 CMR 7.00, 310 CMR 7.24, 310 CMR 80.01-80.02,310 CMR 70.00, and 310 CMR 30.000, and 

on a proposed new regulation chapter, 3 I 0 CMR 80.00. 

MassDEP is proposing to amend 3 I 0 CMR 7 .24(3)-(6), 310 CMR 7.24 (9), and specific definitions in 3 I 0 CMR 

7.00 to require regulated gasoline dispensing fac ilities to decommission their "Stage II" vapor recovery systems as 

allowed by a May 20 I 2 rule issued by the U.S. Environmental Protection Agency (EPA). These amendments will 

also require certain gasoline dispensing facilities to implement enhanced "Stage I" vapor controls. The amendments 

to 3 I 0 CMR 7.24(3)-(6), 3 I 0 CMR 7.24 (9), and 3 I 0 CMR 7.00, which relate to Stage I and II requirements, will be 

submitted to EPA for inclusion in the Massachusetts Ozone State Implementation Plan. 

MassDEP is also proposing to establish a new regulation chapter (31 0 CMR 80.00) and to amend 3 I 0 CMR 30.000 

(Hazardous Waste Management), 310 CMR 70.00 (Environmental Results Program) and 310 CMR 80.0 I -80.02 

(UST Operator Training) to implement the underground storage tank (UST) program that was transferred from the 

Department of Fire Services (DFS) to MassDEP on July I, 2009, pursuant to section 7 of chapter 4 of the Acts of 

2009. 

MassDEP will hold six hearings to obtain public comment on these proposals, and will accept written comments 

submitted by 5:00 p.m. on March 3 I, 20 I 4. MassDEP is publishing this notice 30 days in advance of the first 

hearing, as required by federal law when regulation amendments will be submitted to EPA as part of a State 

Implementation Plan. The hearings wi ll be held in accordance with the procedures of M.G.L. c. 30A. The 

proposed amendments to the Stage I & II regulations and related background information, and the new and amended 

UST regulation and related background information, can be obtained for review by interested parties at MassDEP's 

web site: http://www.mass.gov/eea/agencies/massdep/news/comment/. To obtain a paper copy, leave a message with 

your name and mailing address at the MassDEP UST/Stage I & II Telephone Hotline: 6 I 7/556-I 035. 

Public hearings will be conducted on: 

Tuesday, March I I, 20 I 4 - 5:00 PM 

Lenox Town Hall 

6 Walker Street 

Lenox, Massachusetts 

Wednesday, March 12,2014 - 5:00 PM 

Department of Environmental Protection, Central Regional Office 

627 Main Street 

Worcester, Massachusetts 

Thursday, March 13,2014 - 5:00 PM 

Upper Cape Cod Regional Technical School, 

220 Sandwich Rd, 2"d floor library 

Bourne, Massachusetts 

Tuesday, March 18, 20 I 4 - 9:30 AM 

Department of Environmental Protection, Headquarters Office 

One Winter Street, 2"d Floor Conference Room 

Boston, Massachusetts 

March 18,2014 - 5:00 PM 

Department of Environmental Protection, Northeast Regional Office 
March 20, 2014 - 5:00 PM 

205B Lowell Street 

Wilmington, Massachusetts 

Tuesday, March 20, 2014 - 5:00 PM 

Holyoke Community College, Kittredge Center 

303 Homestead A venue, Holyoke MA 

Testimony may be presented orally or in writing at the public hearings. Written testimony may also be submitted by 

email to: bwo.regulation@state.ma.us or by the U.S. Postal Service to: 

Department of Environmental Protection 

Bureau of Waste Prevention 

One Winter Street, 7th Floor 

Boston, MA 02108 

Attn: Veronica O'Donnell 

For special accommodations for these events or hearing information in an alternate format, please contact Donald 

Gomes, DEP's ADA Coordinator at 617-556-1057, BAS/HR, 3rd Floor, One Winter Street, Boston, MA 02 108. 

By Order of the Department 

Kenneth Kimmell 

Commissioner 
( 

Issue: S1277 Date: 1/2/15 

~ - THE COMMONWEALTH OF MASSACHUSETTS ~ecretary of the Commonwealth ·- William Francis Galvin 

The Massachusetts Register 

TABLE OF CONTENTS . . 

Please note that this is a Supplemental Massachusetts Register #1277. 

Permanent Regulations 

130 CMR Division of Medical Assistance 

405.000 · Community Health Center Services 

Allows· coverage for treatment of gender dysphoria. It is also being 

amended to update sterilization and clinical laboratory provisions, and to 

acki'rules on hysterectomy services. 

406.000 Pharmacy Services 

Allows coverage for treatment of gender dysphoria. 

410:000 Outpatient Hospital Services 

Addresses the unique situation of a MassHealth participating rehabilitation 

hospital whose inpatient facilities are out of state, and whose outpatient 

facilities are both out of state and in state. ' 

410.000 Outpatient Hospital Services 

Allows for certain MassHealth payments for abortion services. 

410.000 Outpatient Hospital Services 

Allows coverage for treatment of gender dysphoria and updates 

sterilization provisions. 

1 

3 

5 

7 

9 

415.000 Acute Inpatient Hospital Services 11 

Allows coverage for treatment of gender dysphoria; updates sterilization 

provisions; and adds ruleson hysterectomy services. 

MASSACHUSETTS REGISTER (THE) (ISSN-08963681) is published biweekly for $300.00 per year by the 

Secretary of the Commonwealth, State House, Boston, MA 02133. Second Class postage is paid at Boston, MA. 

POS1MASTER: Send address change to: Massachusetts Register, State Bookstore, Room 116, State House, Boston, 

MA02133. 
416.000 Hearing Instrument Specialist Services 

Cochlear implant manufacturers ~e changed the terms of their service 

contracts from two years to one year. Also, adds replacement of cochlear 

implant external components, due to loss or obsolescence, to the Hst of 

services that audiologists can provide. These services will require prior 

authOrization. 

13 

421.000 Family Planning Agency-Services 15 

Updates certain sterilization provisions, as applicable,for consistencywith 

oth_er MassHealth pro~tder regulations. . 

423.000 Freestanding Ambulatory Surgery Center Services 17 

Allows coverage.for treatment of gender dysphoria; updates sterilizatjon 

provisions, and the provider eligibility requirements. 

424.000 Podiatrist Services 19 

Allows coverage for treatment of gender dysphoria. 

426.000 Audiologists Services 21 

Cochlear implant manufacturers have changed the terms of their service 

contracts from two years to one year. The Audiologist regulations reflect 

this change. Also, adds replacement of cochlear implant external 

components, due to loss or obsolescence, to the list of services that 

audiologists can provide. These services will require prior authorization. 

4 3 3. 000 Physician Services 23 

Allows for certain MassHealth payments for abortion services. 

433.000 Physician Services 25 

Allows coverage for treatment of gender dysphoria and updates 

sterilization provisions. 

450.000 Administrative and Billing Regulations 

Addresses the unique situation of aMassHealthparticipatingrehabilitation 

hospital whose inpatient facilities are out of state, and whose outpatient 

facilities are both out of state and in state. 

484.000 Abortion Clinic Services 

485.00 

Allows/or certain MassHealth payments for abortion services. 

Sterilization Clinic Services 

Reflects current MassHeath regulatory format and standard provisions, 

including with respect to provisions on member and provider eligibility, 

recordkeeping, and for consistency with certain sterilization provisions, as 

applicable. 

27 

29 

31 

( 
· 310 CMR Department of Environmental Protection 

7.00 Air Pollution Control 33 

Amendments to 310 CMR 7. 00: Definitions, 310 CMR 7. 03: Plein Approval 

Exemption, and 310 C.MR 7.24: Organic Material Storage and Distribution 

require the removal of Stage II vapor recovery systems and enhancements 

to Stage I vapor recovery systems at gasoline dispensing facilities. 

60.00 Air Pollution Control for Mobile Sources 35 

Codifies the requirements of the Clean Energy and Climate Plan for 2020 . 

that pertain to MassDOT as well as the GHG planning requirements in 

MassDOT's GreenDOT policy directive. 

80.00 .· Underground Storage Tank Systems 37 

New chapter to implement the underground storage tank program that was 

transferred from the Department of Fire Services (DFS) to MassDEP on 

July 1, 2009, pursuant to St. 2009, c. 4, § 7. 

830 CMR Department of Revenue 

63.00 Taxation of Corporations 

Revises 830 CMR 63.38.1, the rules for apportioning income from sales 

other than sales of tangible personal property, consistent with recent 

amendments to MG.L. c. 63, § 38. Beginning Jan1,1ary I , 2014, all 

corporations will use market-based sourcing principles in determining the 

sales factor. The regulation provides specific market-based sourcing rules 

for the sale, rental, lease or license of real property, the rental, lease or 

license df tangible personal property, the sale of a service, the license or 

lease of intangible property, and the sale of intangible property. The 

regulation also includes numerous examples illustrating the sourcing of 

each category of sale and other updates intended to bring the regulation 

in line with currentlaw and other DOR regulations. 

63.00 Taxation of Corporations 

Revises the rules in 830 CMR 63.38.2 for apportioning income from sales 

other than sales of tangible personal property, consistent with . recent 

amendments to MG.L. c. 63, § 38. Beginning January 1, 2014, all 

corporations will use market-based sourcing principles in determining the 

sales factor. Sales factor rules for airlines are now part of the general 

sales factor provisions of the Apportionment of Income regulation, 

830 C.MR 63.38.1., and are thus removed from the Apportionment of 

Income of Airlines regulation. 

39 

41 
63.00 Taxation of Corporations 

Revises the rules in 830 CMR 63.38.3 for apportioning income from sales 

other than sales of tangible personal property, consistent with recent 

. amendments to MG.L. c. 63, § 38. Beginning January I, 2014, all 

corporations will use market-based sourcing principles in de!ermining the 

sales factor. Sales factor rules for motor carriers are now part of the 

general sales factor provisions of the Apportionment of Income regulation, 

830 CMR 63.38.I., and are thus removed from {he Apportionment of 

Income of Motor Carriers regulation. 

43 

63.00 Taxation of Corporations . 45 

Revises 830 CMR 63.38.4, the rules for apportioning income from sales 

other than sales of tangible personal property, consistent with recent 

amendments to MG.L. c. 63, § 38. Beginning January I, 2014, all 

corporatiOnS will use market-based sourcing principles in determining the 

sales factor. Sales factor rules for courier and package delivery services 

are now part of the general sales factor provisions of the Apportionment 

of Income regulation, 830 CMR 63.38.I, and are thus removedfrom the 

Apportionment of Income of Courier and Package Delivery Services 

regulation. 

63.00 Taxation of Corporations 

Amends 830 CMR 63.39.1 to reflect updates intended to make the 

regulation consistent with changes being proposed simultaneously to the 

Apportionment of Income regulation, 830 CMR 63.38,I, concerning the 

rules for apportioning income from sales other than sales of tangible 

personal property, in accordance with recent amendments to' M G.L. c. 63, 

§ 38. 

47 
( 

( 

THE COMMONWEALTH OF MASSACHUSETTS 

William Francis Galvin 

Secretary of the Commonwealth 

Regulation Filing To be completed by filing agency 

CHAPTER NUMBER: 310 CMR 7.00 

Docket# 603 

------------------------------------------------------------------ CHAPTER TITLE: Air Pollution Control ~~~~~~~---------------------------------------------

AGENCY: Department of Environmental Protection 

SUMMARY OF REGULATION: State the general requirements and purposes of this regulation. 

These amendm.ents to 310 CMR 7.00: Definitions, 310 CMR 7.03: Plan Approval Exemption, and 31D 

CMR 7.24: Organic Material Storage and. Distribution require the removal of Stage II vapor recovery . 

systems and enhancements to Stage I vapor recovery systems at gasoline dispensing facilities. 

REGULATORY AUTHORITY: M.G.L. c. 111, Sections 142A through 142M 

AGENCY CONTACT:. Thomas Denonnandie ~~~~~~~~------------------~---- PHONE: 617-292-5763 

ADDRESS: MassDEP, 1 Winter Street, Boston MA 02108 

Compliance with M.G.L. c. 30A 

EMERGENCY ADOPTION- if this regulation is adopted as an emergency, state the nature of the emergency. 

PRIOR NOTIFICATION AND/OR APPROVAL- If prior notification to and/or approval of the Governor, 

Legislature or others was required, list each notification, and/or approval and date, including notice to the Local 

Government Advisory Commission. 

Prior notification provided on January 27, 2014 to Local Government Advisory Commission, 

Department of Public Health, Executive Office of Energy and Environmental Affairs, Massachusetts 

Environmental Policy Act Office, Department of Public Utilities, Massachusetts Municipal Association 

PUBLIC REVIEW- M. G.L. c. 30A sections 2 and/or 3 requires notice of the hearing or comment period, 

including a small business impact statement, be filed with the Secretary of the Commonwealth, published in 

appropriate newspapers, and sent to persons to whom specific notice ·must be given at least 21 days prior to 

such hearing or comment period. 

Date of public hearing or comment period: March 11, 12, 13, 18, and 20, 2014 

33 
FISCAL EFFECT - . Estimate the fiscal effect of the public and private sectors. 

For the first and second year: Varies from minimal cost to net savings 

For the first five years: Varies from minimal cost to net savinQS 

No fiscal effect: 

SMALL BUSINESS IMPACT- M.G.L . c. 30A section 5 requires each agency to file an amended small 

business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed 

regulation. If the purpose of this regulation is to set rates for the state, this section does not apply. 

Date amended small business impact statement was filed: December 2, 2014 

CODE OF MASSACHUSETTq REGULATIONS INDEX- List key subjects that are relevant to this regulation: 

Air pollution, volatile organic compounds, organic vapor recovery, gasoline dispensing 

PROMULGATION- State the action taken by this regulation and its effect on existing provisions of the Code 

of Massachusetts Regulations (CMR) or repeal, replace or amend. List by CMR number: 

Amends 310 CMR 7.00: Definitions 

Amen~s 310 CMR 7.03: Plan Approval Exemption 

Amends 310 CMR 7.24: Organic Material Storage and Distribution 

ATTESTATION- The regulation described herein and attached hereto is a true copy of the regulation 

:~~~:::~:sag:u:itV/ c£ DATE ~~A~}« ; . I 

Publication - To be completed by the Regulations Division 

MASSACHUSETTS REGISTER NUMBER: --~S~1M2~7~7 __________ DATE: ~--~J+/~2~/-1~5._ ______ _ 

EFFECTIVE DATE: 1/2/15 

· CODE OF MASSACHUSETTS REGULATIONS 

Remove these a es: 

3 7 & 38 . 

:171 - 180 

186.1 

193 

223 

250.63 

188 

- 198.2 

& 224 

- 250.70.10 

Insert these a es: 

37 - 4o' 

171 _ - 180.2 .. _ -- - - - · 

186 .1 - 188 

193 - 198.2 

223 & 224 . 

250.63 - 250.70.22 

34 

A TRUE COPY ATTEST 

~~ WILLIAM FRANCIS GALVIN ·SECRETARY OflHE COMMONWEAo1f 

DATE rJ-j,qji~RK (C(L 

( 

( 

0 ( 
CERTIFICATION 

This certifies that in accordance with Massachusetts General Law Chapter 111, Sections 142A 

through 142E, and Title 40 ofthe Code ofFederal Regulations Section 51.102, the 

Massachusetts Department of Environmental Protection (MassDEP) provided public notice of 

proposed revisions to regulations 310 CMR 7.00 Definitions and 310 CMR 7.24 Organic 

Material Storage and Distribution and a narrative demonstration supporting the discontinuation 

of the Massachusetts Stage II Vapor Recovery Program, to be submitted to the U.S. 

Environmental Protection Agency (EPA) as a revision to the Massachusetts State 

Implementation Plan (SIP) . 

I hereby certify that: 

Notice of the public hearing was published at least 30 days prior to the date of public hearings in 

the Boston Globe; 

The notice specified the date, time, and place of the public hearings concerning the proposed 

regulation and SIP revision; 

The notice specified how the public could inspect the proposed SIP Revision; and 

The notice was sent via electronic mail on or before the public hearings to all known potentially 

interested parties, including the Environmental Protection Agency. 

I further certify that on the following date and at the following location, the Department 

conducted a public hearing: 

Wednesday, March 12, 2014 - 5:00 PM 

Department of Environmental Protection, Central Regional Office 

627 Main Street 

Worcester, Massachusetts 

ATTEST: 

Thomas enormandw, Heanng Officer 
CERTIFICATION 

This certifies that in accordance with Massachusetts General Law Chapter 111 , Sections 14 2A 

through 142E, and Title 40 ofthe Code of Federal Regulations Section 51.102, the 

Massachusetts Department of Environmental Protection (MassDEP) provided public notice of 

proposed revisions to regulations 310 CMR 7.00 Definitions and 310 CMR 7.24 Organic 

Material Storage and Distribution and a narrative demonstration supporting the discontinuation 

ofthe Massachusetts Stage II Vapor Recovery Program, to be submitted to the U.S. 

Environmental Protection Agency (EPA) as a revision to the Massachusetts State 

Implementation Plan (SIP) . 

I hereby certify that: 

otice of the public hearing was published at least 30 days prior to the date of public hearings in 

the following newspapers: Boston Globe and The Republican; 

The notice specified the date, time, and place of the public hearings concerning the proposed 

regulation and SIP revision; 

The notice specified how the public could inspect the proposed SIP Revision; and 

The notice was sent via electronic mail on or before the public hearings to all known potentially 

interested parties, including the Environmental Protection Agency. 

· I further certify that on the following date and at the following location, the Department 

conducted a public hearing: 

Thursday, March 13,2014 - 5:00 PM 

Upper Cape Cod Regional Technical School, 

220 Sandwich Rd, 2nd floor library 

Bourne, Massachusetts 

ATTEST: _ /)-('!"'--- ,. -~_[_{_~_/t_. · __ s_/2_o/_·l ~- Glenn Keith, Hearing Officer Date 
CERTIFICATION 

This certifies that in accordance with Massachusetts General Law Chapter 111, Sections 142A 

through 142E, and Title 40 of the Code of Federal Regulations Section 51.102, the 

Massachusetts Department of Environmental Protection (MassDEP) provided public notice of 

proposed revisions to regulations 310 CMR 7.00 Definitions and 310 CMR 7.24 Organic 

Material Storage and Distribution and a narrative demonstration supporting the discontinuation 

of the Massachusetts Stage II Vapor Recovery Program, to be submitted to the U.S. 

Environmental Protection Agency (EPA) as a revision to the Massachusetts State 

Implementation Plan (SIP) . 

I hereby certify that: 

Notice of the public hearing was published at least 30 days prior to the date of public hearings in 

the Boston Globe; 

The notice specified the date, time, and place of the public hearings concerning the proposed 

regulation and SIP revision; 

The notice specified how the public could inspect the proposed SIP Revision; and 

The notice was sent via electronic mail on or before the public hearings to all known potentially 

interested parties, including the Environmental Protection Agency. 

I further certify that on the following dates and at the following locations, the Department 

conducted public hearings: 

Tuesday, March 18,2014 -9:30 AM 

Department of Environmental Protection, Headquarters Office 

One Winter Street, 2nd Floor Conference Room 

Boston, Massachusetts 

March 18,2014 -5:00 PM 

Department of Environmental Protection, ortheast Regional Office 

March 20,2014-5:00 PM 

205B Lowell Street 

Wilmington, Massachusetts 

3/zD 15 

Date 
CERTIFICATION 

This certifies that in accordance with Massachusetts General Law Chapter 111 , Sections 142A 

through 142E, and Title 40 ofthe Code ofFederal Regulations Section 51.102, the 

Massachusetts Department of Environmental Protection (MassDEP) provided public notice of 

proposed revisions to regulations 310 CMR 7.00 Definitions and 310 CMR 7.24 Organic 

Material Storage and Distribution and a narrative demonstration supporting the discontinuation 

of the Massachusetts Stage II Vapor Recovery Program, to be submitted to the U.S. 

Environmental Protection Agency (EPA) as a revision to the Massachusetts State 

Implementation Plan (SIP) . 

I hereby certify that: 

otice of the public hearing was published at least 30 days prior to the date of public hearings in 

the Boston Globe; 

The notice specified the date, time, and place of the public hearings concerning the proposed 

regulation and SIP revision; 

The notice specified how the public could inspect the proposed SIP Revision; and 

The notice was sent via electronic mail on or before the public hearings to all known potentially 

interested parties, including the Environmental Protection Agency. 

I further certify that on the following date and at the following location, the Department 

conducted a public hearing: 

Tuesday, March 20,2014-5:00 PM 

Holyoke Community College, Kittredge Center 

303 Homestead Avenue, Holyoke MA 

ATTEST: __ .)a_ ..trt _tt_l~_J:_·--L---... _ · ____ ...::5_-,_/ 2&_,_/r_5'"' __ 

Sarah Weinstein, Hearing Officer Date 
+ - MONDAY, FEBRUARY 10, 2014 THE BosToN GLOBE 

a 

Was pinned after 

vehicle struck his 

By Lauren Dezenski 

GLOBE CORRESPONDENT 

The car of a man pumping 

gas at a Dorchester gas station 

Sunday morning was hit by 

another vehicle, pinning him 

between his car and a post for 

10 minutes ·before firefighters 

freed him, officials said. 

"When the man was standing at the gas pump putting fuel in his car, another motorist 

unfamiliar with the gas station 

was nervous and accidentally 

hit th.e accelerator instead of 

the brakes," ~aid Steven 

McHugh, a Boston EMS 

spokesman. 

The woman's vehicle 

lurched into the man's car at 

the Citgo station at 741 William T. Morrissey Blvd. just af~ 

ter 8:15a.m. 

The man was transported 

to Boston Medical Center just 

before 9 a.m., McHugh said. 

The driver of the other car was 

not injured. 

While firefighters worked 

to free the man using air bags 

and the Jaws of Life, the gas 

station's overhead fire extinAFTER MILES, BIG SM LES 

Tommy Patek of Boston, Heidi Flood of Jamaica Plain, and Meredith Weiss of 

Brookline pedaled to the finish Sunday at the Cycle for Survival at Equinox in Boston, 

an indoor team cycling event that raises funds for rare cancer research. 

CAUCUS 

Continued from Page Bl 

ty's five gubernatorial hopefuls. 

Attorney General Martha 

'This 

November, 

' . we rP. i!Ol n 2' 

guishing system activated, 

covering the area, firetrucks, 

and first responders with a 

baking soda-like powder, said 

Steve MacDonald, a Boston 

Fire Department spokesman. 

The man suffered serious 

leg injuries, MacDonald said, 

and a firefighter was transported to the hospital after inhaling some of the powder. 

Police will investigate why 

~~ato-X'~~~11 11, 2014 - 5:00 PM 

6 Walker Street 

Lenox, Massachusetts 

~:~~~~:X1 ~fa~g~i~r\~~~~al ~~~7/c~on. li9%\'~i~~~~11 Office 

worcester, Massachusetts 

Thursday, March 13, 2014 -5:00 PM 

~~8'lfa~~W;c~o~l~~~?l~~~f~r~~~ School, 

Bourne, Massachusetts 

TUesday, March 18, 2014- 9:30AM 

Department of Environmental Protection. 

~~~dJ}Pn1~~~~r~~~~~nd Floor Conference Room 

Boston, Massachusetts 

Tuesday, March 18, 2014 - 5:00 PM Department of Environmental Protection, 

~8~lN'g~e~le~/~~e'il Office 

Wilmington, Massachusetts 

Thursday, March 20. 2014-5:00 PM 

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For special accommodations for these events or hearing 

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