#489 

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 

CHAPTER TITLE: Air Pollution Control Regulations 

AGENCY: Department of Environmental Protection 

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

The Department is amending it's regulations by changing the definition of Volatile Organic Compounds, revising 

the visible emission requirements, and clarifying when tank trucks must be tested. 

c 

REGULATORY AUTHORITY: M.G.L. c. Il l Sections 142A-142M 

AGENCY CONTACT: Bob Donaldson PHONE: 617-292-5619 

ADDRESS: One Winter Street, 8th Floor, Boston, Massachusetts 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. 

Notice of August 23 and 31, 2005 to LGAC, MEPA, EPA, Mass. Municipal Association, Dept. of Housing and 

Community Development, MA Historical Society, Division of Energy Resources, Dept. of Public Health, and 

other agencies and interested parties. Notice published in Boston Globe 9/8/05 and Springfield Republican 9/9/05. 

PUBLIC REVIEW- M. G.L. c. 30A. §§ 2 and/or 3 requires notice of the hearing or comment period 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: Public Hearings Oct. 18 &19, 2005: Comments closed Oct. 28, 2005 
FISCAL EFFECT - Estimate the fiscal effect of the public and private sectors. 

For the first and second year: Minor for visible emissions. VOC definition change may have positive impact , 

For the first five years: 

No fiscal effect: Tank truck testing 

SMALL BUSINESS IMPACT - State the impact of this regulation on small business. Include a description of 

reporting, record keeping and other compliance requirements as well as the appropriateness of performance versus 

design standards and whether this regulation duplicates or conflicts with any other regulation. If the purpose of this 

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

Visible emission requirements are not applicable to small businesses. 

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

Air Pollution Contol 

Volatile Organic Compounds 

Visible Emissions 

Tank Truck Testine 

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

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

310 CMR 7.00 Amend 

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

this agency. ATTEST: 

Publication -

SIGNATURE: 

Division 

DATE: 

MASSACHUSETTS REGISTER NUMBER: 1053 DATE :

 fi/2/06 

EFFECTIVE DATE: 6/3/O6 

CODE OF MASSACHUSETTS REGULATIONS 

Remove these pages: Insert these pages: 

165 ,166 

199 - 202 

233 - 236 

250.63 - 250.66 

165,166 

199 - 202 

233 - 236 

250.63 - 250.66 

A TRUE COPY ATTEST 

WIUJAM FRANCIS GALVJN 

8ECRETAW0FTHE COMMONWEALTH 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

310 CMR 7.00: AIR POLLUTION CONTROL 

Section 

7.00: Statutory Authority; Legend; Preamble; Definitions 

7.01: General Regulations to Prevent Air Pollution 

7.02: U Plan Approval and Emission Limitations List 

7.03: U Plan Approval Application Exemption Construction Requirements 

7.04: U Fossil Fuel Utilization Facilities 

7.05: U Fuels All Districts 

7.06: U Visible Emissions 

7.07: U Open Burning 

7.08: U Incinerators 

7.09: U Dust, Odor, Construction and Demolition 

7.10: U Noise 

7.11: U Transportation Media 

7.12: U Source Registration 

7.13: U Stack Testing 

7.14: U Monitoring Devices and Reports 

7.15: U Asbestos 

7.16: U Reduction of Single Occupant Commuter Vehicle Use 

7.17: U Conversions to Coal 

7.18: U Volatile and Halogenated Organic Compounds 

7.19: U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NO,) 

7.21: Sulfur Dioxide Emissions Limitations 

7.22: Sulfur Dioxide Emissions Reductions for the Purpose of Reducing Acid Rain 

7.24: U Organic Material Storage and Distribution 

7.25: U Best Available Controls" for Consumer and Commercial Products 

7.26:. Industry Performance Standards 

7.27: NOx Allowance Program 

7.28: NOx Allowance Trading Program 

7.29: Emissions Standards for Power Plants 

7.30: MB Massport/Logan Airport Parking Freeze 

7.31: MB City of Boston/East Boston Parking Freeze 

7.33; MB City of-Boston/South Boston Parking Freeze 

7.36: U Transit System Improvements 

7.37: MB High Occupancy Vehicle Lanes 

7.38: Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control 

District 

7.40: U Low Emission Vehicle Program 

7.45: The Massachusetts Green Fleet Progam 

7.50: U Variances 

7.51: U Hearings Relative to Orders and Approvals 

7.52: U Enforcement Provisions 

7.54: U Large Combustion Emission Units 

7.60: U Severability 

Appendix A: EMISSION OFFSETS AND NONATTAINMENT REVIEW 

Appendix B: U EMISSIONS BANKING, TRADING, AND AVERAGING 

Appendix C: OPERATING PERMIT PROGRAM 

' STATUTORY AUTHORITY 

All provisions of 310 CMR 7.00 are adopted pursuant to the authority granted by M.G.L. 

c. Ill , §§ 142A through 142J. In addition, 310 CMR 7.08(2) is adopted pursuant to the 

authority granted by M.G.L. c. 111, § 150A and the following provisions of 310 CMR 7.00 are 

adopted pursuant to the authority granted by M.G.L. c. 21C, §§ 4 and 6 and by M.G.L. c. 21E 

§6. 

(1) The following definitions in 310 CMR 7.00: 

(a) COMBUSTION EFFICIENCY (C.E.). 

(b) FUEL, including the definition of HAZARDOUS WASTE FUEL and USED OIL 

FUEL. 

(c) • GENERATOR. 

(d) HAZARDOUS WASTE. 

6/2/06 310 CMR - 165 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.00: continued 

(e) HAZARDOUS WASTE INCINERATOR. 

(f) PRINCIPAL ORGANIC HAZARDOUS CONSTITUENT (POHC). 

(g) PRODUCTS OF INCOMPLETE COMBUSTION (PICs). 

(h) RECYCLABLE MATERIAL. 

(i) REGULATED RECYCLABLE MATERIAL. 

(j) SPACE HEATER, including the definition of USED OIL FUEL FIRED SPACE 

HEATER. 

(k) TOTAL HALOGENS. 

(1) UNUSED WASTE OIL. 

(m) USED OIL FUEL, 

(n) USED WASTE OIL 

(o) WASTE. 

(2) 310CMR7.02(l)(f). 

(3) 310 CMR 7.04(9). 

(4) 310. CMR 7.05(7), (8), and (9) and Table 310 CMR 7.05(8). 

(5) 310 CMR 7.08(4). 

The following symbols will indicate, in the attached 310 CMR 7J0O: Air Pollution Control, 

which Air Pollution Control Districts they apply to: 

LEGEND 

U = Universal, all districts 

B = Berkshire 

CM = Central Massachusetts 

MV = Merrimack Valley 

MB = Metropolitan Boston 

PV = Pioneer Valley 

SM = Southeastern Massachusetts 

9/23/05 310 CMR - 166 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

VINYL SURFACE COATING means the application of a decorative, protective or functional 

coating and/or printing on vinyl coated fabric or vinyl sheets. 

VISIBLE EMISSIONS, for the purpose of 310 CMR 7.15, means any emissions that are 

detectable without the aid of instruments. This does not include condensed uncombined water 

vapor. 

VOC COMPOSITE PARTIAL PRESSURE means the sum of the partial pressures of the 

compounds defined as VOC. 

VOC Composite Partial Pressure is calculated as follows: 

PP, 

' = y« c

 ^ i=l 

OWPJ/MWi) 

W. 

Mw, " ^i=l 

Where: 

Wi = Weight of the "i"th VOC compound, in grams 

Ww = Weight of water, in grams 

We = Weight of exempt compounds, in grams 

_2_ 

Mwi = Molecular weight of the T'th VOC compound, in g-mole 

Mww = Molecular weight of water, in g-mole 

.£_ 

Mwe = Molecular weight of exempt compound, in g-mole 

W, 

MW, 

PPc » VOC composite partial pressure, in mm Hg 

VPi = Vapor pressure of the "i"th compound, in mm Hg 

n = The number of VOC compounds 

VOLATILE ORGANIC COMPOUND is any compound of carbon which participates in 

atmospheric photochemical reactions. For the purpose of determining compliance, VOC is 

measured by the applicable reference test methods specified in 40 CFR 60. 310 CMR 7.00: 

VOT ATTT P. ORGANIC COMPOUND includes all organic compounds except the following: 

CAS Number Chemical Name 

67641 ' acetone, 

506876 ammonium carbonate, 

630080 carbon monoxide, 

124389 carbon dioxide, 

463796 carbonic acid, 

N/A metallic carbides or carbonates. 

74828 methane, 

74840 ethane, 

79209 methyl acetate, 

71556 methyl chloroform (1,1,1-trichloroethane), 

107313 methyl formate 

75092 methylene chloride, (dkUoromethane), 

98566 parachlorobenzotrifluoride (PCBTF), 

127184 perchloroemylend(tetrachl6rc)ethylene),' 

75694 CFC-11 (trichlorofluoromethane), 

75718 CFC-12 (dichlorodifluoromethane), 

75456 CFC-22 (chlorodifluoromethane), 

76131 CFC-113 (trichlorotrifluoroethane), 

76142 CFC-114 (dichlorotetrafluoroethane), 

76153 CFC-115 (chloropentafluoroethane), 

75467 FC-23 (trifJuoromethane), 

593704 HCFC-31 (chlorofluoromethane), 

306832 HCFC-123 (2,2-dichloro-l, 1,1 -trifluoroethane), 

354234 HCFC-123a (1,2-dichloro-l, 1,2-trifluoroethane), 

2837890 HCFC-124(2-chloro-I,l,l,2-tetrafluoroethane), 

6/2/06 310 CMR -199 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

1717006 HCFC-141b (1,1-dichlorc-l-fluoroetbane), 

75683 HCFC-142b O-chloro-l.l-difluoroethane), 

1615754 HCFC-151a (1-chloro-l-fluoroethane), 

422560 HCTC-225ca(3,3-dicbJoro-14,L2,2-pentaflUQropropane)I 

507551 HCFC-225cb (l,3-dicMoro-l,l,2,2,3-pentafluoropropane), 

75105 HFC-32 (difluoromethane), 

354336 HFC-125 (pentafluoroethane), 

359353 HFC-134(l,l,2,2-tetrafluoroethane), 

811972 HFC-134a(l,l,l,2-tetrafluoroethane), 

4129462 HFC-143a (1,1 J-trifluproethane), 

75376 HFC-152a (1,1-difluoroethane), 

353366 HFC-161 (ethylfluoride), 

690391 HFC-236fa (1,1,1,3,3,3-hexafIuoropropane), 

679867 HFC-245ca (1.1,2,2,3-pentafluoropropane), 

24270664 HFC-245ea (1,1,2,3,3-pentafluoropropane), 

431312 HFC-245eb (1,1,1,2,3-pentafIuoropropane), 

460731 HFC-245fa (1,1,1,3,3-pentafluoropropane), 

431630 HFC-236ea (1,1,1,2,3,3-hexafluoropropane), 

431890 HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane) 

406586 HTC-365mfc(l,l,l,3,3-pentafluorobutane), 

138495428 HFC 43-10mee (1,1,1.2,3,4,4,5,5^-decafluoropentane), 

375031 HFE-7000 or n-C3F70CH3 (l,l,l,2,2,3,3-heptafluoro-3-methoxypropane 

163702076 HFE-7100orC4raOCH3(l,l,l,2,2,3,3,4,4-nonafluorc^methoxybutane), 

163702087 (CF3)2CFCF20CH3 (2-(dlfluoromemb}r^methyl)-l,l,l,2,3,3,3-

hepta-fluoropropane), 

163702054 HFE-7200 or C4F90C2H5 (1-ethoxy-l,1,2,2,3,3,4,4,4-

nonaflubrobutane), 

163702065 (CF3)2CFCF20C2H5 (2-(emoxydifluoromethyl)-l,I,l ,2,3,3,3-

hepta-fluoropropane), 

297730939 HFE-7500 or HFE-s702 or T-7145 or L-15381 (3-ethoxyl,l,l,2,3,4,4,5^,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane) 

N/A Cyclic, branched, or linear, completely fluorinated alkanes, 

N/A Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations, 

N/A Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations, 

N/A Cyclic, branched, or linear, completely methylated siloxanes, 

N/A Sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine. 

The following compound(s) are Volatile Organic Compounds (VOQ for the purpose of 

all recordkeeping, emission reporting, photochemical modeling, and inventory 

requirements which apply to VOC and shall be uniquely identified in emission reports but 

are not VOC for die purposes of VOC emission limitations or VOC content requirements: 

540885 t-butyl acetate 

WASH COAT means a coating containing binders that raises wood surfaces, prevents undesired 

staining and controls stain penetration. 

WASTE 

(a) Waste means any solid, liquid, semi-solid, or contained gaseous material, resulting from 

industrial, commercial, mining, or agricultural operations or from municipal activities, or any 

refuse, or sludge, which: 

1. is sometimes discarded or is being accumulated, stored, or physically, chemically, or 

biologically treated prior to being discarded; or 

2. has served its original intended purpose or is no longer suitable for its original 

intended purpose; or 

7/14/06 (Effective 6/2/06) - corrected 310 CMR-200 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

DEFINITIONS: continued 

3. is a manufacturing or mining by-product and sometimes is discarded; or 

4. has served its original intended purpose and will be "used" as defined in 310 CMR 

30.000. 

(b) A material is discarded if it is: 

1. abandoned or intended to be abandoned; 

2. disposed of; 

3. incinerated; or 

4. physically, chemically, or biologically treated in lieu of or prior to being disposed of 

or abandoned. 

(c) A manufacturing or mining by-product is a material that is not one of the primary 

products of a particular manufacturing or mining operation, is a secondary and incidental 

product of the particular operation and would not be solely and separately manufactured or 

mined by the particular manufacturing or mining operation. The term does not include an 

intermediate manufacturing or mining product which results form one of the steps in a -* 

manufacturing or mining process and is typically processed through the next step of the 

process within a short time. 

(d) Materials, which have been approved by the Department for reuse or burning as a fuel 

at the site of generation pursuant to 310 CMR 30.200, are not wastes. 

WATER HOLD-OUT COATING means a coating applied to the interior cavity areas of doors, 

quarter panels, and rocker panels for the purpose of corrosion resistance to prolonged water 

exposure. 

WAXY. HEAVY POUR CRUDE OIL means a crude oil with a pour point of 50°F or higher as 

determined by ASTM D97-66 " Test for Pour Point of Petroleum Oils." 

WEB means a continuous roll of paper or other material which is used as a substrate. 

WELD-THROUGH PRIMER means a primer that is applied to an area before welding is 

performed, and that provides corrosion resistance to the surface after welding has been 

performed. 

WOOD PRODUCT means any product made of wood or a wood composite, including, but not 

limited to: kitchen cabinets, equipment cabinets, household furniture, and office furniture, but 

excluding flat wood panels. 

WOOD PRODUCTS SURFACE COATING means the coating of a wood product to impart 

properties that are not initially present, such as strength, stability, water or chemical repellency, 

or appearance. 

ZERO EMISSION VEHICLE for "ZEV") means any passenger car or light duty truck which 

produces zero emissions of any criteria pollutants under any and all possible operational modes 

and conditions. Incorporation of a fuel fired heater shall not preclude a vehicle from being 

certified as a ZEV provided the fuel fired heater cannot be operated at ambient temperatures 

above 40°F and the heater is demonstrated to have zero evaporative emissions under any and all 

possible operational modes and conditions. Li addition, Zero Emission Vehicle or "ZEV", means 

any ZEV placed in service in compliance with the California Project pursuant to the requirements 

of the Master Memorandum of Agreement adopted by the California Air Resources Board 

March 29, 1996. 

6/2/06 310 CMR-201 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.01: General Regulations to Prevent Air Pollution 

(1) No person owning, leasing, or controlling the operation of any air contamination source 

shall willfully, negligently, or through failure to provide necessary equipment or to take 

necessary precautions, permit any emission from said air contamination source or sources of such 

quantities of air contaminants which will cause, by themselves or in conjunction with other air 

contaminants, a condition of air pollution. 

(2) (a) Accurate Submittal to the Department No person shall make any false, inaccurate, 

incomplete, or misleading statements in any application, record, report, plan, design, 

statement or document which that person submits to the Department pursuant to M.G.L. 

c. 111, §§ 142A through 142M, M.G.L. c. 111, § 150A, c. 21H, or 310 CMR 7.00 et seq. 

(b) Accurate and Complete Record Keeping No person shall make any false, inaccurate, 

incomplete or misleading statements in any record, report, plan, file, log, or register which 

that person is required to keep pursuant to M.G.L. c. 111, §§ 142A through 142M, M.G.L. 

c. 111, § 150A, c. 21H, or 310 CMR 7.00 et seq. Such records shall be made available to the 

Department for inspection upon request. 

(c) Certification Any person providing information required to be submitted to the 

Department pursuant to M.G.L. c. 111, §§ 142A through 142M, M.GJL c. Ill , .§. 150A, 

c. 21H, or 310 CMR 7.00 et seq. shall make the following certification: " I certify that I have 

personally examined the foregoing and am familiar with the information contained in this 

document and all attachments and that, based on my inquiry of those individuals immediately 

responsible for obtaining the information, I believe that the information is true, accurate, and 

complete. I am aware that there are significant penalties for submitting false information, 

including possible fines and imprisonment." 

(d) Change in Ownership. Any person owning, operating or leasing a facility for which a 

notification or certification submitted to the Department under these regulations is in effect, 

or a plan approval, emission control plan, operating permit, certification, restricted emission 

status or any other approval issued by the Department is in effect, who transfers 

responsibility, coverage and liability, shall provide a written notification of said action to the 

Department containing the specific date of the transfer of responsibility, coverage, and 

liability between the current and new owner, operator or lessor. 

(3) Any person subject to 310 CMR 7.00, who submits a notification {e.g. 310 CMR 7.02(11)) 

or certification (e.g. 310 CMR 7.26); or obtains a restricted emission status approval, plan 

approval, emission control plan approval, operating permit or other approval issued by the 

Department, shall comply with the terms and conditions contained therein. 

7.02: U Plan Approval and Emission Limitations 

(1) Purpose and Applicability. 

(a) Purpose. The purpose of 310 CMR 7.02 is to provide procedures and standards for the 

issuance of approvals in the Commonwealth of Massachusetts, and establish emission 

limitations and/or restrictions for a facility or emission unit. 

(b) Plan Approvals to Construct. Substantially Reconstruct or Alter. A plan approval is 

required prior to any construction, substantial reconstruction, alteration, or subsequent 

operation of a facility that may emit contaminants to the ambient air. The plan approval 

requirement of 310 CMR 7.02 is applicable to facilities constructed, reconstructed or altered 

after July 1, 1970 in the Metropolitan Boston Air Pollution Control District and after 

September 15,1970 in all other districts. Exemptions to this requirement are provided in 

310 CMR 7.02(2). 

(c) Reserved. 

(d) Determining Plan Approval Applicability. For the portion of the facility or emission 

unit that is proposed to be constructed, substantially reconstructed or altered and 

subsequently operated, the need for a plan approval is determined by comparing the 

maximum design capacity of the proposed equipment for fuel utilization facilities or the 

potential to emit to the plan approval thresholds. 

(e) Department Participation. In approving or denying an application for plan approval, the 

Department shall limit its action to matters that may cause or contribute to a condition of air 

pollution. 

9/23/05 310 CMR-202 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.05: continued 

3. The use of such fuel has been approved, in writing, by the Department and the 

conditions of approval have been agreed to by the applicant, in writing. Such conditions 

of approval may include the installation, operation and maintenance of ambient air 

monitoring equipment by the applicant, in a manner specified by the Department. 

(4) Fuel Additives. No person owning, leasing or controlling a fuel utilization facility shall 

cause, suffer, allow or permit the use therein of any fuel additive except in accordance with the 

manufacturer's recommended specifications. 

(5) Fuel Suppliers. 

(a) No person shall ship or deliver in intrastate commerce to any person for burning or 

reshipment for burning, any fuels with a sulfur content in excess of those specified in 310 

CMR 7.05(l)(a)l. or7.05(l)(a)2. except that such shipment maybe provided when 

1. use of such fuel has been approved by the Department in writing: 

2. such approval has been verified by the shipper; and 

3. record of such shipment will be retained for two years and the record shall be made 

available to the Department for its review and inspection during customary business, 

hours. 

(b) Any person responsible for sale or distribution of residual fuel oils or wholesale 

distribution or wholesale marketing of distillate fuel oils or coal for burning or reshipment 

for burning, shall register with the Department on a form to be supplied by the Department. 

(c) Any person supplying in intrastate commerce for burning or for reshipment for burning, 

fuel oil of a grade No. 2 or greater or coal shall keep and maintain records showing the 

quantities of the fuels handled and analyses showing the Btu value, sulfur content, nitrogen 

content (required only for residual fuel oils), viscosity, and ash content of said fuels and 

make such records available to the Department for its review and inspection during 

customary business hours. 

(d) Any person supplying in intrastate commerce for burning, fuel oil of a grade No. 2 or 

greater or coal or gas shall submit a list of its customers using more than 30,000 gallons per 

year of fuel oil or more than 150 tons of coal or more than 4,000,000 cubic feet of gas by 

May 1 of each year covering the period of January 1 to December 31 of the previous year, 

and showing each customer's address, fuel type, sulfur content and monthly fuel amount 

(e) Any person supplying residual fuel oil in intrastate commerce shall provide certification 

of the nitrogen content of the oil to his customers. Acceptable test methods for determining 

nitrogen content of the oil are ASTM methods D3228 and D4629 or any other method 

approved by the Department and EPA. 

_'(f) Shippers and distributors of fossil fuels shall provide evidence, to the satisfaction of 

customer-users, of the ash content of fuels supplied. 

(6) All fuel analyses to be performed by or for distributors or users of fuels, for purposes of 

310 CMR 7.00, shall be performed in such manner and reported in such units as are approved 

by the Department. 

(7) No person owning, leasing, or controlling the operation of a fossil fuel utilization facility 

shall cause, suffer, allow, or permit the burning therein of any quantity, batch, or lot of used oil 

fuel unless 

(a) that quantity, batch, or lot of used oil fuel was generated and mixed at the site of said 

fossil fuel utilization facility by the person owning, leasing, or controlling the operation of 

said fossil fuel utilization facility in compliance with 310 CMR 30.201, or 

(b) both of the following requirements are met: 

1. said quantity, batch, or lot of used oil fuel was mixed in compliance with 310 CMR 

30.201, and 

2. the person owning, leasing, or controlling the operation of the fossil fuel utilization 

facility complied with 310 CMR 30.250. 

(8) Except as provided in 310 CMR 7.05(9), no person owning, leasing, or controlling the 

operation of a fossil fuel utilization facility shall cause, suffer, allow, or permit the burning 

therein of any used oil fuel that does not meet the specifications set forth in Table 310 CMR 

7.05(8). • ' -

8/3/01 310 CMR-233 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.05: continued 

TABLE 310 CMR 7.05f8') . 

STANDARDS FOR USED OIL FUEL 

Constituent/Property 

Sulfur 

Total Halogens 

PCBs 

Higher Heating Value 

Flash Point 

Lead** 

Arsenic ** 

Cadmium ** 

Chromium ** 

Allowable 

As allowed pursuant to 310 CMR 7.05(1) for 

residual fuel oil 

4000 ppm or less 

Less than 50 ppm* 

120,000 or more Btu per gallon 

100°Formore 

Less than 100 ppm 

5 ppm or less 

2 ppm or less 

10 ppm or less 

* The burning of PCBs in concentrations of 50 or more parts per million is prohibited unless 

done in compliance with 310 CMR 30.000. 

** Does not apply to any facility equipped with air pollution control equipment that the 

Department determines, in writing, (1) is Best Available Control Technology (BACT) and 

(2) reduces emissions to a level equal to or less than would be emitted if a used oil fuel 

meeting the standard set forth in 310 CMR 7.05(8): Table were to be burned in compliance 

with 310 CMR 7.00 in a facility without BACT. 

(9) 310 CMR 7.05(8) shall not apply to the burning of used oil fuel in a used oil fuel fired space 

heater provided that the requirements set forth in 310 CMR 7.04(9), 7.05(7)(a), and 30.250 are 

complied with. 

7.06: U Visible Emissions 

(1) U Stationary Sources Other than Incinerators. 

(a) Smoke. No person shall cause, suffer, allow, or permit the emission of smoke which has 

a shade, density, or appearance equal to or greater than No. 1 of the Chart for a period, or 

aggregate period of time in excess of six minutes during any one hour, provided that at no 

time during the said six minutes shall the shade, density, or appearance be equal to or greater 

r than No. 2 of the Chart. 

(b) Opacity. No person shall cause, suffer, allow or permit the operation of a facility so as 

to emit contaminant(s), exclusive of uncombined water or smoke subject to 310 CMR 

7.06(l)(a) of such opacity which, in the opinion of the Department, could be reasonably 

controlled through the application of modem technology of control and a good Standard 

Operating Procedure, and in no case, shall exceed 20% opacity for a period or aggregate 

period of time in excess of two minutes during any one hour provided that, at no time during 

the said two minutes shall the opacity exceed 40%. 

(c) Exception. 

1. Visible Emission Limits. In lieu of the requirements of 310 CMR 7.06(l)(a) and 310 

CMR 7.06(l)(b), a facility subject to 310 CMR 7.00: Appendix C - Operating Permits 

with boilers rated less than 500 million Btu per hour energy input capacity, may elect to 

comply with the following: 

a. Except as provided'in 310 CMR 7.06(l)(c)l.b.; 310 CMR 7.06(l)(c)l.c. and 

310 CMR 7.06( 1 )(c) 1 .g., visible emissions shall not exceed 15 percent opacity during 

any six-minute block average. 

6/2/06 310 CMR-234 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.06: continued 

b. During periods of start-up, shutdown, soot blowing, and other specified operating 

conditions, visible emissions from any boiler shall not exceed 27% opacity during 

any six-minute block average except that visible emissions may exceed 27% opacity 

for up to two six-minute block averages during the calendar quarter. 

c. For a boiler equipped with a visible emission monitor with a numeric data 

reduction system that can printout individual block averages or output individual 

block averages to an electronic file, the Department will make a determination to 

approve or deny visible emissions during periods of startup, shutdown, soot blowing 

and other specified operating conditions to exceed 27% opacity for one-tenth of one 

percent of the total six-minute block averages during any calendar quarter, or six 

block averages per boiler per quarter, whichever is greater, provided visible 

emissions do not exceed 60% opacity during any six-minute block average. 

i. At no time can visible emissions exceed 27% opacity for more than two sixminute block averages during a one-hour period and the one-hour block average 

opacity shall not exceed 27% opacity during the one-hour block period when a 

six-minute block averages exceeds 27% opacity. 

ii. The one-hour average shall be based on a clock hour. 

iii. Boilers may be approved to operate in accordance with the visible emission 

limitations provided by 310 CMR 7.06(l)(c)l.b. and 310 CMR 7.06(l)(c)l.c. 

during the same calendar quarter. 

d. Compliance with visible emission limits shall be based upon a six-minute block 

average determined either 

i. by the procedures set forth in Method 9, (as described in 40 CFR Part 60, 

Appendix A-4), or 

ii. . by a visible emission monitor required under a Plan Approval issued by the 

Department under 310 CMR 7.02, or 

iii. at the request of a facility, by a visible emission monitor required under the 

Operating Permit and specified as such in the Approval of the Plan of Good 

Operating Practices under 310 CMR 7.06(l)(c). 

e. Before a facility may operate in accordance with 310 CMR 7.06(l)(c) the facility 

must notify the Department in writing of such intention, develop and submit to the 

Department a plan of good operating practices, and receive notification from the 

Department that the plan has been approved; 

f. Any facility operating pursuant to 310 CMR 7.06(l)(c) shall comply with a good 

operating practices plan as approved; and 

g. When notified in writing at least five business days prior to scheduled shakedown 

activities, testing, and calibrations for the purpose of improving boiler performance, 

the Department may allow exemptions to 310 CMR 7.06(l)(c)l.a., 310 CMR 

7.06(l)(c)l.b. and 310 CMR 7.06(l)(c)l.c. Such notification shall include a brief 

description of the activity, and its start time and anticipated end time. The 

Department may allow a shorter notification period upon request The Department 

may deny or limit the frequency of such activities. 

2. Plan of Good Operating Practices. The plan of good operating practices shall, at a 

minimum: 

a. Be developed with recommendations from third party combustion systems 

experts: 

b. Describe how the application of modern technology of control, and practices for 

operating and maintaining the equipment, will minimize visible emissions; 

c. Describe any operating conditions other than startup, shutdown and soot blowing 

during which the facility proposes to take advantage of the exception in 310 CMR 

7.06(l)(c); 

d. Propose the duration and frequency of startup, shutdown, soot blowing and any 

other specified conditions; 

e. Document the need for visible emission limitations greater than 15% opacity 

during startup, shutdown, soot blowing and any other specified operating conditions; 

f. Propose visible emission limitations that the facility will comply with during 

startup, shutdown, soot blowing and other specified operating conditions; 

g. Describe all necessary corrective action procedures and include schedules for 

implementing such procedures; and 

7/14/06 (Effective 6/2/06) - corrected 310 CMR-234.1 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.06: continued 

h. Propose record keeping and monitoring procedures sufficient to enable the 

Department to determine that visible emissions comply with the plan. 

6/2/06 310 CMR-234.2 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.06: continued 

3. ' Department Action. 

a. Upon completion of review, the Department shall either approve or disapprove 

the plan of good operating practices. 

b. The terms and conditions of an approved plan shall be incorporated into the 

facility's Operating Permit 

c. A Department approval shall specify the visible emission limitations for each 

operating condition, (i.e. startup, shutdown, soot blowing and other specified 

operating conditions approved by the Department); and specify corresponding 

monitoring, record keeping and reporting requirements, and other conditions 

necessary to ensure compliance with the visible emission limitations contained in the 

approval. 

d. Modifications to those portions of an approved plan that are not incorporated into 

the facility's Operating Permit shall be maintained on-site and made available to 

Department representatives upon request. Modifications to an approved plan shall 

be submitted to the Department for review with the facility's .Operating Permit 

renewal application. The Department may require modification of an approved plan. 

4. Notice of Exceedances. Any faculty operating pursuant to a Department approval 

issued under this exception shall notify the Department of any exceedance of a visible 

emission limitation in the time and manner required by the relevant permit deviation 

provisions in the facility's Operating Permit. Opacity excursions greater than 27% that 

qualify as allowed under 310 CMR 7.06(l)(c) 1 .b. and 310 CMR 7.06(l)(c) 1 .c. shall not 

be considered deviations under the operating permit. 

(2) From Incinerators. 

(a) No person shall cause, suffer, allow, or permit the emission of smoke from any 

incinerator which has a shade, density, or appearance equal to or greater than No. 1 of the 

Chart or exceeding 20% opacity at any time. 

(b) No person shall cause, suffer, allow or permit the operation of an incinerator so as to 

emit contaminant(s), exclusive of uncombined water or smoke subject to 310 CMR 

7.06(2)(a) of such opacity which, in the opinion of the Department, could be reasonably 

controlled through the application of modern technology of control and a good Standard 

Operating Procedure. 

(c) No person shall cause, suffer, allow, or permit emissions from any incinerator of any 

particles that have a dimension equal to or greater than 100 microns. 

(3) From Marine Vessels. Marine vessels shall be subject to the provisions of 310 CMR 

7.06(l)(a) and 7.06(l)(b). 310 CMR 7.06(3) 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. 

(4) From Aircraft. After December 31,1972, no person shall cause, suffer, allow, or permit the 

emission from an aircraft of smoke which has a shade, density, or appearance equal or greater 

than No. 2 of the Chart for a period of time in excess of ten seconds during landing, takeoff, or 

taxiing operations. 

(5) From Spark-ignited Internal Combustion Engines. 

(a) No person shall cause, suffer, allow, or permit emission of visible air contaminants, 

other than water, from internal combustion engines of: 

1. portable or stationary equipment, other than motor vehicles, for longer than ten 

consecutive seconds; or 

2: a motor vehicle after the vehicle has moved more than 100 feet from a place where 

the vehicle was stationary; or 

3. a motor vehicle, for more than five consecutive seconds, under any condition of 

cruising or acceleration. 

(6) From Non-stationarv Source Diesel Engines. No person shall cause, suffer, allow, or permit 

excessive emission of visible air contaminants, other than water, from a diesel engine. 

7.07: U Open Burning 

(1) No person shall cause, suffer, allow or permit the open burning of any combustible material. 

7/14/06 (Effective 6/2/06) - corrected 310 CMR-235 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.07: continued 

(2) 310 CMR 7.07(1) shall not apply to: 

(a) open burning for the purpose of combating or backfiring an existing fire by persons 

affiliated with an official fire fighting agency; 

(b) open burning conducted primarily for cooking purposes, or 

(c) open burning related to the operation of devices such as blowtorches and welding 

torches, for which no alternative source of heat can be used, provided that such devices do 

not cause a condition of air pollution. 

(3) Except during periods of adverse meteorological conditions as may be determined by the 

Department when direct or public notice thereof has been made by the Department through the 

news media, 310 CMR 7.07(1) shall not apply to open burning conducted for 

(a) training or research in fire protection or prevention with specific approval by the 

Department; 

(b.) activities associated with the normal pursuit of agriculture which have been determined 

by the Department as necessary and which include but are not limited to, open burning of 

blueberry patches for pruning purposes, dead raspberry stalks, fruit tree prunings, and 

infected beehives for disease control; 

(c) open burning of brush and trees resulting from agricultural land clearing operations; 

8/3/01 310 CMR-236 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

4. any transfer of organic material takes place through a submerged fill pipe; and, 

5. each loading rack at the bulk terminal is equipped with a loading arm which has 

a vapor collection adaptor designed, maintained and operated to force a vapor-tight 

seal between the adaptor and hatch; and, 

6. each loading rack at the bulk terminal has a means to: 

a prevent any remaining liquid organic material from draining when the loading 

rack is disconnected from the hatch of any tank truck, trailer or other contrivances: 

or, 

b. accomplish complete drainage of any remaining organic material before the 

loading rack is disconnected from the hatch of any tank truck, trailer or other 

contrivance; or, 

c. if loading is effected through means other than a hatch, then all loading and 

vapor lines shall be equipped with fittings which make vapor-tight connections 

and which close automatically when disconnected. 

(b) CM. MB. MV. PV. SM. Bulk Plants On or after July 1, 1980 no person who owns, 

leases, operates or controls a bulk plant shall cause, suffer, allow or permit the transfer 

into any tank truck, trailer or other contrivance of any organic material with a vapor 

pressure of 1.5 psia or greater under actual storage conditions unless: 

1. the transfer of the organic material takes place through a submerged fill pipe; and, 

2. any vapor discharged during transfer of the organic material is processed by vapor 

. balance system. 

(c) B. Dukes County. Nantucket County. Bulk Plants. On or after April 1, 1993 no 

person who owns, leases, operates or controls a bulk plant shall cause, suffer, allow or 

permit the transfer into a tank truck, trailer or other contrivance of any organic material 

with a vapor pressure of 1.5 psia or greater under actual storage conditions unless: 

1. the transfer of the organic material takes place through a submerged fill pipe; and, 

2. any vapor discharged during transfer of the organic material is processed by a 

vapor balance system. 

(d) Any person who owns, leases, operates or controls a facility which is or becomes 

subject to 310 CMR 7.24(2)(a) through (c), shall only transfer organic material with a 

vapor pressure of 1.5 psia or greater under actual storage condition into tank trucks which 

are in compliance with 310 CMR 7.24(4). 

(e) Any person who owns, leases, operates or controls a facility which is or becomes 

subject to 310 CMR 7.24(2)(a), (b) or (c), shall continue to comply with all requirement 

of 310 CMR 7.24(2)(a), (b) or (c), respectively, even if the facility no longer meets the 

applicability requirements of 310 CMR 7.24(2)(a), (b) or (c). 

(f) 310 CMR 7.24(2) shall not apply to dispensing of motor vehicle fuel to motor 

vehicle fuel tanks. 

(3) Distribution of Motor Vehicle Fuel. 

(a) No person who owns, leases, operates or controls a storage tank having a capacity 

greater than 250 gallons but less than 40,000 gallons shall cause, suffer, allow or permit 

the transfer of motor vehicle fuel with a true vapor pressure greater than 1.5 psia or 

greater under actual storage conditions into said facility from any delivery vessel unless 

the transfer takes place through submerged filling. 

(b) CM. MB. MV. PV. SM. On or after July 1, 1980, no person shall cause, suffer, 

allow or permit the transfer of motor vehicle fuel with a true vapor pressure of 1.5 psia 

or greater under actual storage conditions to a motor vehicle fuel dispensing facility with 

a stationary tank having a capacity equal to or greater than 2000 gallons from any 

delivery vessel unless the vapors displaced from the stationary tank during submerged 

filling are processed by a vapor balance system. 

7/1/94 310 CMR-250.63 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

(c) B. On or after April 1, 1993, no person shall cause, suffer, allow or permit the transfer 

of motor vehicle fuel with a true vapor pressure of 1.5 psia or greater under actual storage 

conditions to a motor vehicle fuel dispensing facility with a stationary tank having a capacity 

equal to or greater than 2000 gallons from any delivery vessel unless the vapors displaced 

from the tank during submerged filling are processed by a vapor balance system. 

(d) U. On or after July 1, 1991, no person shall cause, suffer, allow or permit the transfer 

of motor vehicle fuel with a true vapor pressure of 1.5 psia or greater under actual storage 

conditions to a motor vehicle fuel dispensing facility with a stationary tank having a capacity 

greater than 250 gallons installed after July 1, 1991 from any delivery vessel unless the 

vapors displaced from the tank during submerged filling are processed by a vapor balance 

system. 

(e) U. Any person who owns, operates, leases, or controls a vapor-laden delivery vessel 

shall: 

1. maintain and operate the vapor-laden delivery vessel such that it is vapor tight at all -» 

times, and > 

2. re-fill the vapor-laden delivery vessel only at bulk gasoline terminals and plants 

which are in compliance with 310 CMR 7.24(2), and 

3. keep hatches on the vessel closed at all times during loading and unloading. 

(f) Any person subject to 310 CMR 7.24(3)(b), (c) or (d) shall: 

1. install, maintain and properly operate the vapor balance system; and, 

2. maintain records of all maintenance performed, including the type of maintenance 

performed and date the maintenance was performed; and, 

3. maintain records of all malfunctions, including the type of malfunction, the date the 

malfunction was observed, and the date the malfunction was repaired; and, 

4. maintain all gauges, meters, or other specified testing device in proper working order; 

and 

5. maintain records of the daily throughput of any organic material with a true vapor 

pressure of 1.5 psia or greater under actual storage conditions. 

(g) The provisions of 310 CMR 7.24(3) shall not apply to: 

1. stationary gasoline storage tanks of less than 550 gallons capacity used exclusively 

for the fueling of implements of husbandry, provided the container are equipped with 

submerged fill pipes; and, 

2. transfers made to storage tanks of motor vehicle fuel dispensing facilities equipped 

with floating roofs which have been approved by the Department. 

(h) The provisions and requirements of 310 CMR 7.24(3) are subject to the enforcement 

provisions specified in 310 CMR 7.52. 

(4) Motor Vehicle Fuel Tank Trucks. 

(a) No person owning, leasing, operating or controlling a tank truck that carries motor 

vehicle fuel with a true vapor pressure equal to or greater than 1.5 psia under actual storage 

conditions and receives fuel from or delivers fuel to a facility subject to 310 CMR 7.24(2), 

or delivers fuel to a facility subject to the requirements of 310 CMR 7.24(2) or (3) shall 

cause, suffer, allow or permit the tank truck to be loaded or unloaded unless the tank truck 

1. was tested within the 12 preceding months; 

2. sustains a pressure change of no more than three in. of H20 in five minutes when 

pressurized to a gauge pressure of 18 in. of H20 or when evacuated to a gauge pressure 

of six in. of H20 during the testing; 

3. is repaired and retested within 15 days of testing if it does not meet the criteria of 310 

CMR 7.24(4)(a)2; and 

4. displays a marking in two inch high letter near the Department of Transportation 

Certification plate required by 49 CFR 178.340-10b, which: 

a shows the initials "DEP" and the date the tank truck last passed the test ("DEP 

date"); and 

b. shall expire not more than 12 months after the date the tank truck last passed the 

test. 

6/2/06 310 CMR-250.64 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.24: continued 

(b) The owner or operator of a bulk terminal, bulk plant, motor vehicle fuel dispensing 

facility or tank truck subject to 310 CMR 7.24(2), 7.24(3), or7.24(4)(a) shall design, install 

and operate any vapor collection and disposal system, vapor balance system, and any 

appurtenant loading equipment in a vapor-tight manner that prevents: 

1. gauge pressure from exceeding 18 inches of H20 and vacuum from exceeding six 

inches of H20 in the tank truck; and, 

2. a reading equal to or greater than 100% of the lower explosive limit (LEL, measured 

as methane) at one inch from all points of the perimeter of a potential leak source during 

transfer operations at the loading rack or stationary tank; and, 

3. visible liquid leaks during loading at the loading rack or unloading at the stationary 

tank. 

(c) The owner or operator of a tank truck subject to 310 CMR 7.24(4) shall: 

1. notify the Department in writing of the date and location of a certification test at least 

two days before the anticipated test date; and 

2. Within 15 days, repair and retest a vapor recovery system or tank truck that exceeds 

the limits in 310 7.24(4)(a) or (b).' 

(d) The Department may, at any time, test any tank truck, or vapor recovery system to 

determine compliance with the requirements of 310 CMR 7.24(4)(a) or (b). 

(e) [Reserved] 

(f) Copies of all records and reports required under 310 CMR 7.24 shall immediately be 

made available to the Department upon verbal or written request, at any reasonable time. 

(g) At the discretion of the Department, the requirements for testing and marking motor 

vehicle fuel tank trucks subject to 310 CMR 7.24(4) may be satisfied if the vehicle undergoes 

equivalent certification in another state. 

(h) The owner or operator of a tank truck subject to 310 CMR 7.24(4)(a) shall maintain 

records of the daily throughput of any organic material with a true vapor pressure of 1.5 psia 

or greater under actual storage conditions. 

(i) Testing Requirements. Testing to determine compliance with 310 CMR 7.24(4) shall be 

conducted in accordance with EPA Method 27 as described in Appendix A of CFR Title 40 

Part 60, or by any other methods approved by the Department and EPA. 

(5) Gasoline Reid Vapor Pressure. 

(a) No person shall sell or supply from a bulk plant or terminal, gasoline having a Reid 

Vapor Pressure greater than 9.0 pounds per square inch (psi) during the period beginning 

May 1 and continuing through September 15, beginning in 1989 and continuing every year 

thereafter. 

(b) Compliance with 310 CMR 7.24 may be determined by the Department through an audit 

of RVP test results provided by the supplier or through fuel sampling and testing subject to 

the following provisions: 

1. Any person owning, operating, leasing or controlling any gasoline marketing facility 

shall, upon request by any employee of the Department, provide a sample or samples of 

gasoline from said gasoline marketing facility in accordance with the test methods listed 

in310CMR7.24(5)(b)2. 

2. Any fuel sampling and testing required by the Department shall be conducted in 

accordance with ASTM Method D4177, ASTM Method D4057, ASTM Method D323 

or any other method approved by the Department and EPA. 

(c) 310 CMR 7.00 will be enforced in accordance with M.G.L. c. 111, § 142A through E. 

6/2/06 310 CMR-250.65 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7-24: continued 

(6) U Dispensing of Motor Vehicle Fuel. 

(a) Applicability and Installation Requirements, 

1. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed or substantially modified after November 1,1989 shall install, prior 

to commencing operation, a Stage II system in accordance with the terms and conditions 

of the system's currently applicable Executive Order. 

2. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed before November 1,1989, that has not been substantially modified 

since November 1,1989 shall install a Stage U system in accordance with the terms and 

conditions of the system's currently applicable Executive Order, in accordance with the 

following schedule: 

a. by April 1, 1991 where the annual (calendar year) throughput of the motor 

vehicle fuel dispensing facility is greater than or equal to 1,000,000 gallons of motor 

vehicle fuel; or 

b. by April 1, 1992 where the annual (calendar year) throughput of the motor 

vehicle fuel dispensing facility is less than 1,000,000 gallons but greater than or equal 

to 500,000 gallons of motor vehicle fuel; or 

c. by April 1,1993 where the annual (calendar year) throughput of the motor vehicle 

fuel dispensing facility is less than 500,000 gallons per year but is greater than or 

equal to 20,000 gallons in any one calendar month; or 

d. by April 1, 1994, or 90 days after dispensing 10,000 gallons or more in any 

calendar month, whichever is later, for all other motor vehicle fuel dispensing 

facilities. 

3. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed before November 1,1989, which has not been substantially modified 

since November 1, 1989 and which has not dispensed greater than 10,000 gallons of 

motor vehicle fuel in any one calendar month since January 1, 1988 shall maintain, on 

site at the facility, monthly records of the total number of gallons of motor vehicle fuel 

dispensed at said facility for the most recent rolling five year period. 

4. Any person who owns, leases, operates or controls a tank truck engaged in the direct 

dispensing of motor vehicle fuel to a motor vehicle or portable container shall install, by 

September 1, 1995 or prior to commencing operation, whichever is later, a Stage U 

system that meets the terms and conditions of the system's currently applicable Executive 

Order. Tank trucks dispensing motor vehicle fuel to emergency motor vehicles or 

portable containers during fire fighting activities or a declared emergency situation are 

exempt from the requirements of 310 CMR 7.24(6). 

5. Any person subject to 310 CMR 7.24(6) shall conspicuously post Stage II system 

operating instructions on both sides of all motor vehicle fuel dispensers or at a position 

adjacent to the dispensers which is clearly visible to the system, operator during the 

refueling process. Such instructions shall include: 

a. a clear pictorial or written description of how to correctly dispense motor vehicle 

fuel using the installed Stage II system; . 

b. a warning not to continue dispensing motor vehicle fuel ("topping-off') after 

automatic system shutoff has engaged; and 

c. the telephone number of the Department's Stage II Consumer Hotline. 

6. Stationary motor vehicle fuel storage tanks of less than 550 gallons capacity used 

exclusively for the fueling of implements of husbandry, provided the fuel storage tanks 

are equipped with submerged fill pipes, are exempt from the requirements of 310 CMR 

7.24(6). 

(b) Operation and Maintenance Requirements. 

1. Any person subject to 310 CMR 7.24(6) shall comply with the following operation 

and maintenance requirements. 

a. Operate and maintain the installed Stage II system in accordance with the terms 

and conditions of the system's currently applicable Executive Order. 

b. Take such actions as necessary to comply with the applicable terms and 

conditions of any new or modified Executive Order upon Department revision of 310 

CMR 7.24(6) to incorporate such new or modified Executive Order. Such actions 

shall be taken either: 

9/29/00 310 CMR-250.66