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HARVAR D UNIVERSIT Y 

UNIVERSITY OPERATIONS SERVICES 

ENVIRONMENTAL HEALTH AND SAFETY 

June 30,2004 . 

Robert Donaldson 

Department of Environmental Protection 

Bureau of Waste Prevention 

One Winter Street, 8th Floor 

Boston, MA 02108 

In Re: Proposed Amendments to 310 CMR 7.00 efcseq. 

and 310 CMR 70.00 - Engines and Combustion Turbines 

Dear Mr. Donaldson: 

I am pleased to offer the following comments with respect to 310 CMR 7.00 etseq.and 310 

CMR 70.00 - Engines and Combustion Turbines. My comments are primarily aligned with the 

comments of John P. LeFebvre, PE of the Polaroid Corporation. In general, I support the 

intended results of the proposed amendments and offer my perspective with regards to 

accomplishing the DEP's stated objectives. 

I commend the Department for taking an approach to emissions limitations that normalizes 

on a national standard, specifically the federal standards at 40 CFR 89, This methodology will 

ensure certainty for the regulated community when making a purchasing decision, while also 

assuring the Department that emissions are maintained at acceptable levels. Likewise, the 

proposed change to 310 CMR 7.05 regarding diesel fuel used in stationary engines and turbines 

is a pragmatic way. to ensure improved emission rjerformance across the Commonwealth in a 

cost-effective manner. 

One of my concerns on. the proposed regulations is that the proposed requirements may be 

somewhat onerous to facilities subject to Appendix C of the 310 CMR 7 regulations. Harvard 

University has approximately 50 units that may be considered "Significant" as they are replaced 

and anywhere from 0 to 5 new potentially applicable units added to our facility each year that 

may be considered "Significant" units under the proposed regulations. The DEP's proposal may 

make permit management more complex on paper, cost additional fees on an annual basis and 

create additional paperwork burdens for operating facilities and the Department. As you know, 

research institutions, like Harvard University, are increasingly including emergency power as a 

standard requirement for all research activities. It is my understanding, that existing units 

smaller than 3,000,000 BTU/hr heat input will not automatically fall into this program, their 

eventual replacements will. If so, upon replacement the emergency generators become 

"emission units" under the DEP's most common implementation of Appendix C regulations. 

That designation carries with it an annual cost in fees and paperwork that appear to yield no 

environmental benefit. I conceptually agree with this approach but I ask that the DEP consider 

175 N^rth Harvard Street 

AJIston, MA 02135 

Tel 617.495.2060 

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HARVARD EH&S PAGE 03/Ci 

implementing this change in a manner that will not increase the "Significant" units under 

Appendix C. 

HUEHS offers more specific comments on individual sections of the Regulations. 

310 CMR 7.Q2(8)fi)3.b. and c. 

These sections of the regulations as proposed (and as they exist today) are inconsistent with 

the nature of the devices being addressed. There is only one operational restriction placed on 

emergency generators subject to these sections - total operating run hours. Said restriction is to 

ensure that these engines never achieve their inherent potential as major sources of nitrogen 

oxides were they to be operated excessively. There are no limits on fuel type or quantity, nor on 

heating value. We feel that there is no reason to require a monthly log that tracks such 

information, as the information does not tie back to any requirement. Owners have an obligation 

under 310 CMR 7.12 to supply a calendar year estimate of emissions from their facilities, but the 

manner of doing so is not specified, and the information required by 7.02(8)(i)3.b is not 

necessary to meet the 7.12 obligation. Fuel use by emergency generators is sufficiently small 

that monthly deliveries do not occur, and the tanks are of a size such that they often do not 

provide quality information with regards to the contents. In fact, individual generator/tank sets 

often receive no fuel deliveries in a calendar year. From my perspective, it will be impractical to 

include the language of 310 CMR 7.02(8)(i)3.b. 

Given the difficulty in implementation for smaller units, I request that 310 CMR 

7.02(8)(i)3.b. be amended to read, "A log of hours of operation." I further request that 310 CMR 

7.02(8Xi)3.c. be deleted. 

310 CMR 7.26Y42VdVla. and b. 

In this section, 1 understand the concern that exists with respect to the placement of 

emergency engines in urban settings, but we would caution the Department not to lose sight of 

two facts: 1) These engines rarely operate, and the Department's authority is limited to those 

matters impacting upon ambient air. As currently configured, many industrial emergency 

engines do not impact upon ambient air, whereas, if installed pursuant to these stack height 

requirements they might. 2) It is not uncommon to find Industrial installations wholly within 

buildings - exhaust is through wall-mounted louvers. Likewise, engines are sometimes offset 

from a building where satisfying these requirements would require a self-supporting stack three 

or more stories tall. I believe that this proposed section may be onerous for large facilities while 

providing limited environmental benefit. We further note that the Department is already 

sufficiently empowered under its authority to regulate "a condition of air pollution" as to address 

urban concerns that exist with current and future installations. 

I request that proposed 310 CMR 7.26(42)(d)4.a. and b be changed to read as follows: 

"Stack Height and Emission Dispersion All emergency engines and turbines shall utilize an 

exhaust stack that discharges so as not to cause a condition of air pollution (310 CMR 7.01(1))." 

310 CMR 7.26Y42)ffl.2. and 3. 

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617-495-0593 HARVARD EH3S PAGE 04/04 

06/30/2004 16:42 

My discussion with respect to 310 CMR 7,02(8)(i)3.b. and c is applicable here as well. 

Please change 310 CMR 7.26(42X02. to read, "A log of hours of operation." Please also delete 

proposed 310 CMR 7,26(42)(f)3. 

A final, general concern, is the use of temporary emergency engines and the compliance with 

the requirements that may subject smaller units to additional compliance demands. Given this 

concern and the new requirements that may subject small and temporary to new requirements, 

please consider an exemption for temporary emergency engines similar to the 310 CMR 7.03 

(23) Temporary Boilers. 

I would like to reiterate my general support for the development and implementation of these 

regulations. Thank you for this opportunity to comment. 

Miles Walker 
06/38/2004 15:42 617-495-0593 HARVARD EHSS PAGE 01 /U4. 

HARVARD UNIVERSITY 

Environmental Health & Safety 

FACSIMIL E TRANSMITTA L SHEE T 

TO; PROM; 

Rober Donaldson Miles Walker 

COMPANY; DATB 

06/30/04 

FAX NUMBER: TOT At. NO- OP PAGES INCLUDING COVtW: 

617-292-5858 4 

PHONE NUMBER; RE: 

Comments on 310 CMR 7,00 

P URGENT • FOR REVIEW • PLEASE COMMENT • PLEASE REPLY • PLEASE RECYCLE 

NOTES/COMMENTS: 

Please consider my comments for review. 

Jlyou have any questions give me a call at 617-496-3437, Thank you. 

-Miles Walker 

175 North Harvard Street 

Boston, MA 02134 

Telephone 617-496-3437 

i