Commonwealth of Massachusetts 

Executive Office of Environmental Affairs 

Department of Environmental Protection 

Bureau of Waste Prevention 

Business Compliance Division 

One Winter Street 

Boston, Massachusetts 

Background Information Document 

And 

Proposed Amendments to : 

310 CMR 7.00 Definitions 

310 CMR 7.06(1)(c) Visible Emissions 

310 CMR 7.24(4) Organic Material Storage and Distribution 

Regulations for the Control of Air Pollution 

In the 

Berkshire Air Pollution Control District 

Pioneer Valley Air Pollution Control District 

Merrimack Valley Air Pollution Control District 

Metropolitan Boston Air Pollution Control District 

Central Massachusetts Air Pollution Control District 

Southeastern Massachusetts Air Pollution Control District 

For Public Comment and Hearings 

Statutory Authority: 

M.G.L. Chapter 111, Sections 142A through 142N 

August 2005 
Preamble 

DEP is proposing to revise : 

1) 310 CMR 7.00 - Definitions. The definition of Volatile Organic Compound (VOC) is proposed to be 

modified to exempt five additional compounds. The Environmental Protection Agency (EPA) issued final 

rules on November 29, 2004 exempting these compounds . 

2) 310 CMR 7.06 - Visible Emissions. Visible emissions limitations are proposed for certain facilities 

required to have Operating Permits. 

3) 310 CMR 7 .24 - Organic Material Storage and Distribution . It is proposed to expand the time period 

during which gasoline tank trucks are required to be tested for vapor leak tightness . 

Background on Visible Emissions 

Alternate visible emission limitations for facilities required to have Operating Permits (310 CMR 

Appendix C) were adopted by the Department on August 3, 2001 - 310 CMR 7.06(1)(c). EPA, in its State 

Implementation Plan (SIP) oversight role, advised the Department that this regulation was not approvable 

for inclusion into the Massachusetts State Implementation Plan (SIP) . EPA stated that the regulatory 

requirements would not be enforceable by EPA nor citizens . Subsequently in February 2004, the 

Department proposed further revision to 310 CMR 7.06(1)(c) to addresses EPA's concerns. Based upon 

testimony received as part of the February 2004 public process on this issue and further discussion with 

EPA, the Department is now proposing new language to replace 310 CMR 7.06(1)(c). The Department 

believes that this new language is sufficiently different from the February 2004 proposal to require a new 

public hearing and comment period . 

In the early 1970's, Massachusetts adopted visible emission regulations to limit smoke and opacity from 

combustion facilities such as boilers. (See 310 CMR 7.06(1)(a) and (b)) These established not to be 

exceeded "caps" on the blackness of the emission (smoke) or degree of obscuration of light transmission 

(opacity).' Although the vast majority of boilers in the Commonwealth comply with these regulations, a 

small number of industrial size boilers do not comply during periods of startup, shutdown, soot blowing 

(periodic cleaning of the internal boiler surfaces to maintain heat transfer efficiency) or some other boiler 

specific transient operating conditions . 2 These visible emission excursion events are typically short term 

(a puff to several minutes) typically occurring three to four times per day. 

' Many state visible emission regulations are stated in terms of average (versus "caps") visible emission levels . 

Typically, the allowed percent opacity level is determined by averaging a series of visible emission readings taken at 

15-second intervals for six minutes. This is EPA's Method 9. 

2 Some states exempt visible emission exceedances during periods of start up, shut down, soot blowing and other 

transient operating conditions. According to EPA, states adopted these exemptions either prior to adoption of EPA 

policy or the exemptions were approved by EPA as part of state SIPs. See State Implementation Plans (SIP): Policy 

Regarding Excess Emissions During Malfunctions, Startup, and Shutdown, September 20, 1999, EPA. 

http://www.epa .gov/ttn/oarpg/t1 /memoranda/excem.pdf 
The federal Clean Air Act Amendments of 1990 required states to develop and implement Operating 

Permit Programs for major sources. Operating Permit facilities are highly regulated when compared with 

facilities not required to have these permits. They are required to self certify compliance semi-annually, 

are subject to federal rules regarding compliance evidence, and have specific terms and conditions in their 

permits for monitoring, testing, record keeping, and reporting for each pollutant, for each regulated 

operation at a facility. 

The Department met several times with representatives of these facilities in the late 1990's . 

Consequently, 310 CMR 7.06(1)(c) was developed, proposed and adopted in 2001 . The February 2004 

proposal sought to address industry and EPA concerns and would have required an average opacity limit 

of 15 percent during normal operations with up to 27% opacity during events such as start up, shut down, 

soot blowing, and other specified operating conditions as approved by the Department. To take advantage 

of this regulation, facilities were to engage third party combustion experts to review operations, make 

recommendations for improvements and submit Plans of Good Operating Practices to the Department . 

Visible emission limits would be established upon Department approval of these plans and incorporated 

into the facility's Operating Permit. 

Based upon an analysis of comments received on its February 2004 proposal, the Department has 

determined that additional regulatory conditions should be included to address infrequent opacity 

excursions . 

The Department is again proposing to revise 310 CMR 7.06(1)(c) to address infrequent opacity 

excursions . Given the complexity of this issue, it is very important that comments on the proposal be 

clear, specific and complete for the public record. The Department wants to ensure that all reasonable 

options are fully aired in the public comment and hearing process. Specifically, the Department seeks 

comment on language in 7 .06(1)(c)l .b . and 7.06(1)(c)l .c . These sections would limit the number of 

excursions that a facility could have over the 27% visible emissions limit during start-up, shut down, soot 

blowing and other specified operating conditions. For facilities that have certain continuous monitoring 

equipment, the facility would be prohibited from exceeding the 27% limit for more than one-tenth of 1 % 

of the total block averages during any calendar quarter, provided certain other limits are met. Other 

affected facilities would be prohibited from exceeding the 27% limit except during one hour per calendar 

quarter, up to two 6-minute block averages during the hour could exceed the limit. The Department seeks 

comment on whether the proposed regulation strikes the right balance or whether the Department should 

allow fewer or more excursions above the 27% visible emissions limit during start up, shut down, soot 

blowing and other specified operating conditions . 
Summary of Proposed Revisions 

DEFINITION of Volatile Organic Compound (VOC) 

The Department is proposing to amend the definition of Volatile Organic Compound (VOC) by adding the 

following five chemical compounds to the list of exempt VOCs : 

t-butyl acetate 

methyl formate , 

HFE-7000 

HFE-7500 

HFC227ea 

EPA issued final rules to exempt these five compounds from the definition of VOC in the Federal Resister 

on November 29, 2004. EPA also added designations (HFE-7100 and HFE-7200) to two previously 

exempted compounds to update nomenclature. 

It should be noted that compounds that are exempt from VOC requirements are not exempt from any other 

applicable requirement in the regulations including the provisions of 310 CMR 7.02 Plan Approval and 

Emission Limitations. 

VISIBLE EMISSIONS 

It is proposed for facilities with boilers rated less than 500 million BTU per hour and subject to 310 CMR 

7.00 Appendix C - Operating Permits, that visible emissions shall be limited to 15% opacity, 6-minute 

block average except as follows : 

During startup, shutdown, soot blowing and other specified periods 

" Visible emissions shall be limited to 27 percent, 6-minute block average and 

" *During one hour per calendar quarter, visible emissions may exceed 27 percent opacity for up 

to two 6-minute block averages and 

" *For facilities with certain monitoring equipment, visible emissions can exceed 27 percent 

opacity for one-tenth of one percent (0.1 %) of the total 6-minute block averages during any 

calendar quarter provided: 

o Visible emissions do not exceed 60 percent opacity during any 6-minute block average, 

o At no time can visible emissions exceed 27 percent opacity for more than two 6-minute 

block averages during a one-hour period, 

o The one-hour average shall not exceed 27 percent opacity during the one-hour period 

when a 6-minute block average exceeds 27 percent opacity, and 

o The one-hour average shall be based on a 60-minute period beginning with the first 6-

minute block average that exceeds 27 percent opacity. 

*These conditions are to address infrequent opacity excursions and were not part of the February 2004 

proposal. 
5 

The operation of a facility with visible emissions limits as stated above shall be in accordance with the 

requirements of a Plan of Good Operating Practices. Such plan shall: 

" Developed by a third party combustion expert to develop the plan with recommendations to 

minimize opacity; 

" Provide documentation of the need for different opacity limits and a proposal for specific 

opacity limits ; 

" Indicate how improved technology, operating and maintenance procedures will minimize 

emissions; 

" Contain corrective action procedures and return to compliance; 

" Record keeping and monitoring requirements; and 

" Be submitted for Department approval. 

Plans of Good Operating Practice are subject to Department approval . 

A formal approval process will make the limits and any terms and conditions of the plan enforceable. 

The terms and conditions of an approved Plan are required to be put in the Operating Permit. 

ORGANIC MATERIAL STORAGE AND DISTRIBUTION 

The Department is proposing to expand the period during which gasoline tank trucks are required to be 

tested for vapor leak tightness . This revision will make Massachusetts requirements consistent with the 

EPA requirements at 40 CFR 63 Subpart R. The change will provide operators greater flexibility in 

scheduling testing, and help assure there are sufficient trucks available to deliver fuel . 

Air Quality Impacts 

The proposed changes will have minor, if any, air quality impact. 

The change in the definition of VOC will decrease the number of compounds regulated as VOC's, but not 

change the potential regulation of these compounds for other air quality reasons. 

The proposed amendments for visible emissions codify existing implementation practice of the visible 

emission regulations as they apply to large boilers. 

The tank truck testing frequency proposal will have no impact as it does not affect standards, it increases 

testing flexibility. 

Savings Clause 

Any regulatory amendments that affect regulations and programs that are part of the Massachusetts State 

Implementation Plan (SIP) must demonstrate that they are no less stringent than the existing SIP and that 

any projected increases in emissions that result from the amendments are offset by equal or greater 

predicted emission decreases. 
6 

As there are no emission increases or adverse air quality impacts projected as a result of these proposed 

amendments, there are no compensatory emission decreases that need to be made. 

Economic Impacts 

The proposed revisions will have little if any economic impact because they simply codify the 

Department's existing regulatory implementation, make the regulations consistent with EPA rules, 

provide increased flexibility and bring the Department's regulations into line with current industry 

practice related to operation of large industrial boilers. 

Impact on Small Business 

There are no impacts on small business as the size and types of boilers that this proposal affects are not 

found at small businesses . The changes to the definition and tank truck testing frequency and the 

exemption of some compounds from VOC requirements may benefit some small businesses . 

Agricultural Impacts 

Massachusetts General Laws, Chapter 30A, Section 18 requires state agencies to evaluate the impact of 

proposed programs on agriculture within the Commonwealth. As the proposed amendments affect only 

industrial facilities and non-agricultural business, the Department has determined that the proposed 

regulations will have no adverse impact on agriculture in Massachusetts. 

Toxics Use Reduction 

Implementation of toxics use reduction is a Department-wide priority . Toxics use reduction is defined as 

in-plant practices that reduce or eliminate the total mass of contaminants discharged to the environment. 

These amendments are not expected to impact on that effort. Although the definition change exempts five 

additional compounds from VOC requirements, this action does not exempt them from any other 

applicable requirement in the regulations 

Impacts on Cities and Towns (Proposition 21/2) 

Pursuant to Executive Order 145, the Department must assess the fiscal impact of new regulations on the 

commonwealth's municipalities . The Executive Order was issued in response to Proposition 2 1/2. 

These regulations do not affect an activity conducted by a municipality . 

MEPA 

This proposed action is "categorically exempt" from the "Regulations Governing the Preparation of 

Environmental Impact Reports", 301 CMR 11 .00, because the proposed amendments will not result in 

increased impacts. All reasonable measures have been taken to minimize adverse impacts. 
Request for Comments 

- Comments on these proposed regulations should be sent to: 

Mr. Robert T. Donaldson, Associate Director 

Business Compliance Division 

Bureau of Waste Prevention 

Department of Environmental Protection 

One Winter Street Eighth Floor 

Boston, Massachusetts 02108 

Public Participation 

These proposed regulations will be subject to further public review and comment prior to promulgation . 

Public hearings to collect comments on the proposed amendments will be conducted under the provisions 

of Chapter 30A of the Massachusetts General Laws on: 

October 18, 2005 - 9:30 AM October 19, 2005 - 9:30 AM 

Department of Environmental Protection Department of Environmental Protection 

One Winter Street, Second Floor 436 Dwight Street, Room B42 

Boston, Massachusetts Springfield, Massachusetts 

Testimony may be presented orally or in writing at the public hearings . Written comments will be 

accepted until 5pm on October 28, 2005 at the Business Compliance Division, Department of 

Environmental Protection, One Winter Street, 8th Floor, Boston, MA 02108. 

After public review and Department evaluation and response to comments, the final amendments will be 

submitted to the Secretary of State for promulgation. The amendments will also be submitted to the US 

Environmental Protection Agency for approval as a revision to the Massachusetts State Implementation 

Plan. 

If there are any questions regarding the proposed amendments or this document, please contact Bob 

Donaldson at (617) 292-5619. 
Proposed Amendments to 310 CMR 7.00 

7, 00 DEFINITIONS 

Amend existing 310 CMR 7.00 Definition of Volatile Organic Compound to include 

the following five compounds in the list of exemptions and update nomenclature for 

two existing exempt compounds. 

VOLATILE ORGANIC COMPOUND is any compound of carbon . . . . . . . . This definition 

includes all organic compounds except the following: 

CAS Number Chemical Name 

79209 methyl acetate 

540885 t-butyl acetate 

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

107313 methyl forinate 

375031 

163702076 

163702054 

297730939 

431890 

HFE-7000 or n-C3F70CH3 (1,1,1,2,2,3,3-

heptafluoro-3-methoxy-propane 

HFE-7100 or C4F90CH3 (1,1,1, . . . . . 

HFE-7200 or C4F90C2H5 (1-ethoxy- . . . . 

HFE-7500 or HFE-s702 or T-7145 or L-15381 (3-

ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

~trifluoromethYl) hexane) 

. . . . . . . . . . . . . . . . . . 

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

7.06: U Visible Emissions 

Delete the existing 310 CMR 7.06(1)(c) and replace with the following. 

(c) Exception. 

1 . Visible Emission Limits . 

In lieu of the requirements of 310 CMR 7.06(1)(a) and 310 CMR 7.06(1)(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(1)(c)l .b . ; 310 CMR 7.06(1)(c)l .c . 

b. 

and 310 CMR 7.06(1)(c)l .f. below, visible emissions shall not exceed 15 

percent opacity during any 6-minute block average. 

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

operating conditions, visible emissions shall not exceed 27 percent 
Proposed Amendments to 310 CMR 7.00 

opacity during any 6-minute block average except that during one hour 

per calendar quarter, visible emissions may exceed 27 percent opacity for 

up to two 6-minute block averages during the hour. 

c. For a facility equipped with a visible emission monitor with a numeric 

data reduction system that can printout individual block averages, the 

Department may approve visible emissions during periods of startup, 

shutdown, soot blowing and other specified operating conditions to 

exceed 27 percent opacity for one-tenth of one percent (0.1 %) of the total 

6-minute block averages during any calendar quarter provided visible 

emissions do not exceed 60 percent opacity during any 6-minute block 

average. At no time can visible emissions exceed 27 percent opacity for 

more than two 6-minute block averages during a one-hour period and the 

one-hour average opacity shall not exceed 27 percent opacity during the 

one-hour period when a 6-minute block averages exceeds 27 percent 

opacity. The one-hour average shall be based on a 60-minute period 

beginning with the first 6-minute block average that exceeds 27 percent 

opacity. 

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

block average determined either by the procedures set forth in Method 9, 

(as described in 40 CFR Part 60, Appendix A-4), or by a visible emission 

monitor required under the Operating Permit ; 

e. Before a facility may operate in accordance with 310 CMR 7.06(1)(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(1)(c) shall comply with 

a good operating practices plan as approved; and 

g. When notified in writing at least two 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(1)(c)l .a ., 310 CMR 7.06(1)(c)l .b . and 310 CMR 

7.06(1)(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 . 
Proposed Amendments to 310 CMR 7.00 

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(1)(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 

percent opacity during startup, shutdown, soot blowing and any other 

specified operating conditions ; 

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

310 CMR 7.06(1)(c)b . 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 , 

h. Propose record keeping and monitoring procedures sufficient to enable 

the Department to determine that visible emissions comply with the plan. 

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 . 
Proposed Amendments to 310 CMR 7.00 

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

incorporated into the facility's Operating Permit shall be maintained onsite 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 facility 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. 

7.24 U OrQanic Material Storage and Distribution 

Amend 310 CMR 7.24(4)(4), 310 CMR 7.24(4)(a) and 310 CMR 7.24(4)(e) to read as 

follows: 

(4) Motor Vehicle Fuel Tank Trucks. 

(a) n . ,a after- , l., , , , oQC, ., ..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 . 

an4,-was tested within the 12 preceding months, and