reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.11 - U Transportation Media

Current through Register 1525, July 5, 2024
(1)
Motor Vehicles
.
(a)
			 All motor vehicles registered in the Commonwealth shall comply with pertinent
			 regulations of the Registry of Motor Vehicles relative to exhaust and sound
			 emissions.
(b) No person shall
			 cause, suffer, allow, or permit the unnecessary operation of the engine of a
			 motor vehicle while said vehicle is stopped for a foreseeable period of time in
			 excess of five minutes.
			 310 CMR 17.11 shall not
			 apply to:
1. vehicles being serviced,
			 provided that operation of the engine is essential to the proper repair
			 thereof, or
2. vehicles engaged in
			 the delivery or acceptance of goods, wares, or merchandise for which engine
			 assisted power is necessary and substitute alternate means cannot be made
			 available, or
3. vehicles engaged
			 in an operation for which the engine power is necessary for an associated power
			 need other than movement and substitute alternate power means cannot be made
			 available provided that such operation does not cause or contribute to a
			 condition of air pollution.
(c)310 CMR 7.11(1)(b) is subject to the
			 enforcement provisions specified in
			 310 CMR
			 7.52.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.12 - U Source Registration

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a)310
			 CMR 7.12 applies to any owner/operator of a facility if such facility meets any
			 of the criteria in 310 CMR 7.12(1)(a)1. through 11.
1. Has a facility-wide maximum energy input
			 capacity in BTU/hour from fuel utilization facilities equal to or greater than
			 the following size thresholds:
a. All Fuels
40,000,000;
b. Residual Fuel Oil
10,000,000;
c. Solid Fuel
3,000,000;
d. Used Oil Fuel
3,000,000; or
e. Landfill Gas
3,000,000.
2. Has
			 a maximum energy input capacity in Btu/hour from any fuel utilization facility
			 emission unit that combusts natural gas, propane, butane, or distillate oil
			 equal to or greater than the 10,000,000 Btu/hour.
3. Has non-combustion federal
			 potential1 to emit (facility-wide) equal to or
			 greater than:
a. Particulate Matter
two tons per year;
b. Oxides of Sulfur
2.5 tons per year;
c. Organic Material
ten tons per year;
d. Nitrogen Dioxide
4.4 tons per year; or
e. Hazardous Air Pollutants
ten tons of any individual HAP per year or 25 tons of
							 total HAPs per year.
1 Non-combustion potential emissions
				excludes emissions from motor vehicles, incinerators and products of combustion
				from fuel utilization facilities.
4. Is or contains a hazardous waste
			 incinerator, regardless of size.
5.
			 Is or contains an incinerator with the capacity to reduce 50 pounds per hour or
			 more of waste.
6. Is or contains an
			 emission unit or process that is subject to a National Emission Standard for
			 Hazardous Air Pollutants (NESHAP) or subject to a Maximum Achievable Control
			 Technology (MACT) standard defined at 40 CFR Part 61 and Part 63 , for which
			 the Department has received delegation from EPA.
7. Is or contains a stationary reciprocating
			 internal combustion engine (except for emergency or standby engines) with a
			 maximum energy input capacity of 3,000,000 Btu per hour or greater (burning any
			 fuel).
8. Is required to submit a
			 Source Registration as a condition of a plan approval or operates under a
			 Restricted Emission Status (RES) pursuant to
			 310 CMR
			 7.02(9)  or
			 7.02(10)
			  issued since January 1, 1990. The
			 owner/operator of a facility required by a plan approval, issued prior to
			 January 1, 1990, to submit an annual Source Registration is no longer required
			 to do so unless such facility meets one of the other applicability criteria in
			 310 CMR 7.12 or a more recent Department approval requires submittal of a
			 Source Registration.
9. Is a
			 facility for which the owner/operator has received a request from the
			 Department to submit a Source Registration.
10. Is a facility subject to
			 310 CMR
			 7.00:
Appendix C
in the previous
			 calendar year.
11. Had actual
			 emissions equal to or greater than 0.5 tons of lead, 25 tons of NO, or 25 tons
			 of VOC in the previous calendar year.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.13 - U Stack Testing

Current through Register 1525, July 5, 2024
(1) Any person
			 owning, leasing, operating or controlling a facility for which the Department
			 has determined that stack testing is necessary to ascertain compliance with the
			 Department's regulations or design approval provisos shall cause such stack
			 testing:
(a) to be conducted by a person
			 knowledgeable in stack testing,
(b)
			 to be conducted in accordance with procedures contained in a test protocol
			 which has been approved by the Department,
(c) to be conducted in the presence of a
			 representative of the Department when such is deemed necessary, and
(d) to be summarized and submitted to the
			 Department with analyses and report within such time as agreed to in the
			 approved test protocol.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.14 - U Monitoring Devices and Reports

Current through Register 1525, July 5, 2024
(1) Upon request by the Department through
			 direct communication or public notice, any person who owns or operates a
			 stationary emission source of a category and class specified by the Department:
(a) shall install, maintain, and use emission
			 monitoring devices, of a design and installation approved by the Department;
			 and
(b) shall make periodic reports
			 to the Department on the nature and amounts of emissions from said source which
			 the Department shall review and correlate for its use in emissions control and
			 exhibit for public information.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.18 - U Volatile and Halogenated Organic Compounds

Current through Register 1525, July 5, 2024
(1)
U Applicability and Handling
			 Requirements
.
(a)310 CMR 7.18
			 shall apply in its entirety to persons who own, lease, operate or control any
			 facility which emits volatile organic compounds (VOC).
(b) For purposes of 310 CMR 7.18, except for
			 310 CMR 7.18(30), VOC shall include both VOC as defined in
			 310 CMR
			 7.00 and Halogenated Organic Compounds (HOC) as
			 defined in
			 310 CMR
			 7.00.
(c)
			 On or after July 1, 1980 any person owning, leasing, operating, or controlling
			 a facility regulated under 310 CMR 7.18, shall store and dispose of volatile
			 organic compounds in a manner which will minimize evaporation to the
			 atmosphere. Proper storage shall be in a container with a tight fitting cover.
			 Proper disposal shall include incineration in an incinerator approved by the
			 Department, transfer to another person licensed by the Department to handle
			 VOC, or any other equivalent method approved by the Department. (d) Any person
			 who owns, leases, operates, or controls a facility which is or becomes subject
			 to 310 CMR 7.18, except for those persons solely subject to 310 CMR 7.18(30)
			 unless the facility is a CTG-affected facility as defined in 310 CMR
			 7.18(30)(b), shall continue to comply with all requirements of 310 CMR 7.18,
			 even if emissions from the subject facility no longer exceed applicability
			 requirements of 310 CMR 7.18.
(e)
			 Any person not regulated by 310 CMR 7.18, prior to August 15, 1989 shall
			 achieve compliance with the applicable section(s) of 310 CMR 7.18 by August 15,
			 1990.
(f) Any person who, since
			 January 1, 1990, obtains a plan approval for an emission unit under
			 310 CMR
			 7.02 where said approval establishes BACT or
			 LAER to be no less stringent than RACT for a facility size and type as defined
			 in 310 CMR 7.18 shall comply with the BACT or LAER established in the plan
			 approval, and is not subject to RACT standards of 310 CMR 7.18 as may otherwise
			 be applicable, until the applicable RACT standards of 310 CMR 7.18 become more
			 stringent than the BACT or LAER established in the plan approval, at which
			 point the person shall become subject to the updated RACT standards.
(g) Any person who complies with
			 310 CMR
			 7.03 in
lieu
of obtaining a
			 plan approval for an emission unit under
			 310 CMR
			 7.02 shall comply with applicable RACT
			 requirements of 310 CMR 7.18 when such requirements become more stringent than
			 those in
			 310 CMR
			 7.03.
(h) Any person who complies with
			 310 CMR
			 7.26 shall comply with applicable RACT
			 requirements of 310 CMR 7.18 when such requirements become more stringent than
			 those in
			 310 CMR
			 7.26.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.25 - U Best Available Controls for Consumer and Commercial Products

Current through Register 1525, July 5, 2024
(1)
Purpose
. 310 CMR
			 7.25 applies to and sets forth requirements for the control of volatile organic
			 compound emissions from the use of consumer and commercial products as defined
			 in Title I Part D Subpart 2 Section 183(e)(1)(B) of the federal Clean Air Act.
[(2) through (10):
			 Reserved]
(11)
Architectural and Industrial Maintenance (AIM)
			 Coatings
.
(a)
Applicability
.
1.
			 Except as provided in 310 CMR 7.25(11)(a)2., the requirements of 310 CMR
			 7.25(11) apply to any person who, on or after January 1, 2009, supplies, sells,
			 offers for sale, blends for sale, or manufactures any architectural coating
			 listed in 310 CMR 7.25(11)(b) for use within Massachusetts, as well as any
			 person who applies or solicits the application of any architectural coating
			 within Massachusetts.
2. The
			 provisions of 310 CMR 7.25(11) do not apply to any person who supplies, sells,
			 offers for sale, blends for sale, or manufactures any architectural coating
			 that is for exclusive use outside of Massachusetts.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.26 - Industry Performance Standards

Current through Register 1525, July 5, 2024
(1) - (9)
Reserved
)
(10)
Perchloroethylene Air
			 Emissions Standards for Dry Cleaning Facilities - Applicability
.
(a) Except as provided in 310 CMR 7.26(12)(a)
			 and (b), each dry cleaning facility shall comply with the provisions of 310 CMR
			 7.26(10) through (16) beginning on May 2, 1997 or immediately upon startup,
			 whichever is later. All coin-operated dry cleaning machines are exempt from the
			 requirements of 310 CMR 7.26(10) through (16).
(b) The provisions of 310 CMR 7.26(10)
			 through (16) apply to the owner or operator of a dry cleaning facility that
			 has:
1. Only dry-to-dry machine(s) and has
			 perchloroethylene consumption equal to or less than 2,100 gallons per 12-month
			 rolling period as determined in accordance with 310 CMR 7.26(10)(c);
			 or
2. Only a transfer machine
			 system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has
			 perchloroethylene consumption equal to or less than 1,800 gallons per 12-month
			 rolling period as determined in accordance with 310 CMR 7.26(10)(c).
(c) When calculating the
			 perchloroethylene consumption for each 12-month rolling period for the purpose
			 of determining applicability under 310 CMR 7.26(10)(a), the owner or operator
			 shall sum on the first day of every month the volume of all perchloroethylene
			 purchases made in each of the previous 12 months, as recorded in the log
			 described in 310 CMR 7.26(15)(d)1.
(d) Notwithstanding the forgoing, 310 CMR
			 7.26 does not apply to dry-to-dry perchloroethylene dry cleaning facilities
			 co-located with a residence, installed between December 21, 2005 through July
			 13, 2006.
N.B.
These dry-to-dry facilities are subject to the
			 federal Maximum Available Control Technology (MACT) standards for
			 perchloroethylene dry cleaning facilities ( 40 CFR Part 63 , Subpart
			 M).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.30 - MB Massport/Logan Airport Parking Freeze

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a)310 CMR 7.30 in its entirety is applicable
			 to the Massachusetts Port Authority, the body politic and corporate, created by
			 and existing pursuant to St. 1956, c. 465, hereafter referred to as Massport,
			 which is the owner/operator of the Logan International Airport in Boston,
			 Massachusetts, hereafter referred to as Logan Airport.
(b)310 CMR 7.30 in its entirety applies to
			 the parking of motor vehicles on property owned or leased by Massport at Logan
			 Airport, as well as sections of Neptune Road, geographically described as
			 follows and hereafter referred to as the Logan Airport Parking Freeze Area.
			 This geographic area, as shown on a map approved and held by the Department,
			 shall be bounded as follows:
Beginning at the intersection of the high water line of the
				Boston Inner Harbor and the Logan Airport boundary, in the vicinity of the
				intersection of Jeffries Street and Marginal Street;
then following along the westerly boundary of the Airport,
				which in this area generally northwesterly along Maverick Street, northeasterly
				along Geneva Street, and southeasterly, northeasterly, northwesterly around
				Memorial Stadium, as far as the Massachusetts Bay Transportation Authority
				(MBTA) Blue Line right-of-way, just north of the Airport Station;
then northeasterly along the Blue Line right-of-way to the
				intersection of the Blue Line right-of-way and the Airport boundary, in the
				vicinity of the southerly end of Moore Street;
then northeasterly along the boundary of the Airport and then
				northeasterly, southeasterly, southwesterly and northeasterly along the Airport
				boundary to the point of beginning (the "Logan Airport Parking Freeze
				Area").
(c) In the event any
			 property within the boundaries of the Logan Airport Parking Freeze Area is
			 conveyed in fee by Massport, such property shall be removed from the Logan
			 Airport Parking Freeze Area and become part of the East Boston Parking Freeze
			 area at the time of such conveyance.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.34 - Massachusetts NO[X] Ozone Season Program (MassNO)

Current through Register 1525, July 5, 2024
(1)
Massachusetts NO Ozone Season
			 Program General Provisions
.
(a)
Purpose and Scope
. The purpose of 310 CMR 7.34 is to
			 control mass emissions of nitrogen oxides (NO) during the ozone season (May
			 1st through September
			 30th of each year). 310 CMR 7.34 establishes a
			 statewide budget of 1,799 tons of NOx mass emissions
			 from MassNO Facilities for each ozone season.
x
(b)
Applicability
. The units listed in 310 CMR 7.34(7)(b):
			 Table A shall be MassNO Units subject to the requirements of 310 CMR
			 7.34.
(c)
Permanently
			 Retired Units
. The owner or operator of a MassNO Unit that is
			 permanently retired after March 9, 2018 shall comply with the requirements of
			 310 CMR 7.34(4)(d) and (6)(c) and shall not be subject to the remaining
			 requirements in 310 CMR 7.34.
(d)
Averaging Emissions
. For the purposes of determining
			 the total ozone season NO mass emissions of a MassNO Facility, the owner or
			 operator of a MassNO Facility shall not average the total NO ozone season mass
			 emissions of a MassNO Unit with the ozone season NO mass emissions of another
			 facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.36 - U Transit System Improvements

Current through Register 1525, July 5, 2024
(1)
Applicability
. 310 CMR 7.36 shall apply to the
			 Massachusetts Department of Transportation, hereafter referred to as MassDOT,
			 and any successor agency to MassDOT.
(2)
Transit System Improvement
			 Projects
. MassDOT shall plan and construct and render available
			 for public use, transit system improvement projects including the following
			 projects in accordance with the schedules and requirements set forth in 310 CMR
			 7.36:
(a) Before December 31, 1992
			 construction of the following facilities shall be completed and opened to full
			 public use:
1. Lynn Central Square Station and
			 Parking Garage
2. North Station
			 high platforms and new tracks
3.
			 Lynn Transit Station Bus Terminal
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.37 - MB High Occupancy Vehicle Lanes

Current through Register 1525, July 5, 2024
(1)
Definitions
. As used in 310 CMR 7.37:
BASELINE ROADWAY CONDITIONS
means the
				average weekday peak hour trip time in minutes for each roadway segment based
				on monitoring of traffic and recording of trip times during the 12 month period
				from April 1, 1992 to April 1, 1993.
FEASIBILITY STUDY
means a study which
				analyzes the environmental, operational, engineering, right-of-way,
				construction, and financial issues affecting the implementation of high
				occupancy vehicle lanes on each roadway segment described in 310 CMR 7.37(3).
				The analysis of environmental issues shall include the impacts of HOV lanes on
				all mobile source emissions of CO, VOC and NOX as well as the impacts of such
				lanes on general purpose traffic flow. Operational issues may include
				enforcement and public safety issues. Notwithstanding the foregoing, in cases
				in which feasibility studies submitted to the Department on or before November
				1, 1994 have not included an analysis of the impact of HOV lanes on NOx
				emissions, an analysis of such impacts will be submitted to the Department for
				inclusion in the Transportation Improvement Program for the metropolitan Boston
				area, as required by 23 CFR 450.
FINANCIAL
as used in 310 CMR 7.37(1)
				and 7.37(8)(a) means the availability of funds from any federal, state or local
				sources for the design and construction of a high occupancy vehicle lane or
				facility.
PERFORMANCE STANDARDS
means a level of
				roadway performance that at a minimum:
1. is equal to or better than a Level of
			 Service C, and
2. will result in
			 average HOV trip times that are at least one minute per mile less than average
			 trip times on adjacent general purpose traffic lanes during peak hours of
			 travel, as defined in 310 CMR 7.37(6)(b)2. Either the MHD or the MTA may
			 propose substitute roadway performance standards which attempt to maximize:
			 travel time savings, reductions in emissions of ozone precursors, operational
			 efficiency, and person throughput, and which require vehicle throughput of no
			 less than 400 HOVs per hour for a high occupancy vehicle lane provided that
			 such standard provides for greater improvement in air quality for VOC, CO and
			 NOX in the area where the HOV lane is targeted, in both the short and long
			 term. The Department shall review any proposed substitute roadway performance
			 standard, and shall either reject or accept it within 60 days after it has been
			 submitted to the Department.
ROADWAY THRESHOLD STANDARDS
means
				Baseline Roadway Conditions increased by 35%.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.38 - Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District

Current through Register 1525, July 5, 2024
(1)
Applicability.
(a)
			 The requirements of 310 CMR 7.38 shall apply to the construction and operation
			 of any tunnel ventilation system for highway projects proposed to be built in
			 the Metropolitan Boston Air Pollution Control District, construction of which
			 begins on or after January 1, 1991, including, but not limited to, the Central
			 Artery/Third Harbor Tunnel project. The requirements of 310 CMR 7.38 apply in
			 addition to requirements to implement guidelines of the Department to ensure
			 comprehensive and systematic air quality analysis of highway projects, and all
			 other review procedures applicable to highway projects pursuant to the State
			 Implementation Plan (SIP), the purpose of said review to ensure the consistency
			 of such projects with the requirements of the SIP. Tunnel ventilation systems
			 subject to 310 CMR 7.38 are not subject to the requirements of
			 310 CMR
			 7.02.
(b) Any tunnel ventilation system which, when
			 constructed, is subject to a federal New Source Performance Standard or
			 National Emission Standard for Hazardous Air Pollutants, shall be subject to
			 such standard and shall operate in compliance with such standard.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.41 - Large Entity Reporting Requirement

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 310
			 CMR 7.41 is to collect information to assess
			 suitability of zero-emission vehicles in multiple use cases and to inform
			 future strategies on how to accelerate the zero-emission vehicle market in
			 Massachusetts.
			 310
			 CMR 7.41 supports future measures to reduce
			 emissions of oxides of nitrogen (NOx), fine particulate matter (PM), other
			 criteria pollutants, toxic air contaminants, and greenhouse gases (GHG) from
			 vehicles. The Regulatory Authority for
			 310
			 CMR 7.41 is
			 310
			 CMR 7.41: M.G.L. c. 21N and c. 111
			 §§ 142A through 142E and 142K.
(2)
Scope and
			 Applicability
. Except as provided in
			 310
			 CMR 7.41(3),
			 310
			 CMR 7.41 applies to each of the following
			 entities:
(a) Any entity with gross annual
			 revenues greater than $50 million in the United States for the 2022 tax year,
			 including revenues from all subsidiaries, subdivisions, or branches, that
			 operated a facility in Massachusetts in the 2022 calendar year and had one or
			 more vehicles over 8,500 lbs. GVWR under common ownership or control that were
			 operated in Massachusetts in the 2022 calendar year;
(b) Any fleet owner in the 2022 calendar year
			 that had 40 or more vehicles with a GVWR greater than 8,500 lbs. under common
			 ownership or control and operated a facility in Massachusetts;
(c) Any broker or entity that dispatched 40
			 or more vehicles with a GVWR greater than 8,500 lbs. into or throughout
			 Massachusetts, and operated a facility in Massachusetts, in the 2022 calendar
			 year;
(d) Any Massachusetts
			 government agency including all state and local municipalities and public
			 schools that had one or more vehicles over 8,500 lbs. GVWR that were operated
			 in Massachusetts in the 2022 calendar year and all non-public schools that
			 operated one or more school buses over 8,500 lbs. GVWR in the 2022 calendar
			 year; and
(e) Any federal
			 government agency that had one or more vehicles over 8,500 lbs. GVWR that were
			 operated in Massachusetts in the 2022 calendar year.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.52 - U Enforcement Provisions.

Current through Register 1525, July 5, 2024
Any police department, fire department, or board of health
				official, acting within his or her jurisdictional area is hereby authorized by
				the Department to enforce, as provided for in M.G.L. c. 111, § 142B, any
				regulation in which specific reference to 310 CMR 7.52 is
				cited.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.60 - U Severability

Current through Register 1525, July 5, 2024
Each section of
				310 CMR
				7.00 shall be construed as separate to the end that if
				any regulation or sentence, clause, or phrases thereof shall be held invalid
				for any reason, the remainder of
				310 CMR
				7.00 and all other regulations shall continue in full
				force.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.72 - Reducing Sulfur Hexafluoride Emissions from Gas-insulated Switchgear

Current through Register 1525, July 5, 2024
(1)
Purpose, Scope and
			 Authority
. The purpose of 310 CMR 7.72 is to assist the
			 Commonwealth in achieving the greenhouse gas emissions reduction goals adopted
			 pursuant to M.G.L. c. 21N, § (3)(b) by reducing sulfur hexafluoride
			 (SF6 ) emissions from gas-insulated switchgear through
			 the imposition of declining annual aggregate emission limits and other measures
			 on gas-insulated switchgear. 310 CMR 7.72 is promulgated pursuant to M.G.L. c.
			 21N, § 3(d) and is also promulgated pursuant to M.G.L. c. 21A,
			 §§ 2, 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through
			 142E, to prevent and abate conditions of air pollution from greenhouse gas
			 emissions.
(2)
Definitions
. The terms used in 310 CMR 7.72 are
			 defined in 310 CMR 7.72(2) and
			 7.00:
Definitions.
Where a term is defined in
			 310 CMR
			 7.00:
Definitions
and 7.72, the
			 definition in 310 CMR 7.72 shall apply.
Active GIS Equipment
means
				non-hermetically sealed SF6 gas-insulated switchgear
				that is:
(a) Connected through busbars
			 or cables to the GIS owner's electrical power system; or
(b) Fully-charged, ready for service, located
			 at the site in which it will be activated, and employs a mechanism to monitor
			 SF emissions.
Active GIS Equipment
does not include
				equipment in storage.
Electrical Power System
means the
				combination of electrical generators (
e.g
., power plants),
				transmission and distribution lines, equipment, circuits, and transformers used
				to generate and transport electricity from the generators to consumption areas
				or to adjacent electrical power systems.
Federal Reporting GIS Owner
means a
				GIS Owner who has ever been required or who is currently required to report
				SF6 emissions to US EPA pursuant to 40 CFR Part 98,
				Subpart DD (§ 98.300 through 308).
Gas-insulated Switchgear or GIS
means
				all electrical power system equipment insulated with SF gas. Gas-insulated
				switchgear or GIS includes switches, stand-alone gas-insulated equipment, and
				any combination of electrical disconnects, fuses, electrical transmission
				lines, transformers and/or circuit breakers used to isolate gas-insulated
				electrical power system equipment.
GIS Owner
means the person who owns,
				leases, operates, or controls gas-insulated switchgear used in Massachusetts.
				GIS owner excludes temporary possession by the following persons:
(a) the original equipment manufacturer
			 during GIS equipment transport and installation at a customer's site;
			 and
(b) a qualified person who
			 hauls the GIS for reuse, recycle or destruction.
Hermetically Sealed Gas-insulated
				Switchgear
means switchgear that is designed to be gas-tight and
				sealed for life. This type of switchgear is pre-charged with
				SF6, sealed at the factory, and cannot be refilled by
				its user.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.01 - Introduction

Current through Register 1525, July 5, 2024
The purpose of
				310 CMR 8.00 is to prevent
				ambient aircontaminant concentrations at any location in the Commonwealth from
				reaching levels which would constitute significant harm, or imminent and
				substantial endangerment to the health of persons. The levels which would
				constitute significant harm, or imminent and substantial endangerment, to the
				health of persons as have been defined by the Administrator of the
				Environmental Protection Agency are set forth in Table 1.
TABLE 1.
CONTAMINANT CONCENTRATION LEVELS Prescribed by the EPA
				Administrator as would cause significant harm, or Imminent and Substantial
				Endangerment, to Health.
Contaminant
Ambient Air Contaminant Concentration
							 Levels
Ave. ug/m3
ppm
COHs
Duration (average)
Product
Sulfur Dioxide (SO
							 2)
2,620
1.0
24-hr.
Particulate Matter PM10
Tape Stain (COHs)
600
8
24-hr.
24-hr.
Product of:
(SO 2) X (COHs) (SO 2)
(COHs)
24-hr.
1.5
Carbon Monoxide
144,000
125
1-hr.
Carbon Monoxide
86,300
75
4-hr.
Carbon Monoxide
57,500
50
8-hr.
Photochemical Oxidant
1,200
0.6*
1-hr.
Nitrogen Dioxide
3,750
2.0
1-hr.
Nitrogen Dioxide
938
0.5
24-hr.
*expressed as Ozone (O
				3)
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.03 - Air Pollution Episode Criteria

Current through Register 1525, July 5, 2024
(1)
Episode Criteria
. Conditions justifying the
			 proclamation of air pollution alert, air pollution warning, or air pollution
			 emergency shall be deemed to exist whenever the Department determines that the
			 accumulation of air pollutants in any place is attaining or has attained levels
			 which could, if such levels are sustained or exceeded, lead to a substantial
			 threat to the health of persons. In making this determination, the Department
			 will be guided by the following criteria:
(a)
Air Pollution Forecast
. An internal watch by the
			 Department shall be actuated by a National Weather Service advisory that
			 Atmospheric Stagnation Advisory is in effect.
(b)
Alert
. The Alert
			 level is that concentration of pollutants at which first stage control actions
			 is to begin. An Alert will be declared when any one of the levels listed in 310
			 CMR 8.03(2)(a) is reached at any monitoring site and meterological conditions
			 are such that the Department is of the opinion that, unless appropriate control
			 actions to reduce emissions are taken, ambient air contaminant concentration
			 levels will remain at or in excess of the above levels for 12 or more
			 hours.
(c)
Warning
. The warning level indicates that air quality
			 is continuing to deteriorate and that additional control actions are necessary.
			 A warning will be declared when any one of the levels listed in 310 CMR
			 8.03(2)(b) is reached at any monitoring site and meteorological conditions are
			 such that the Department is of the opinion that, unless appropriate control
			 actions to reduce emissions are taken, ambient air contaminant concentration
			 levels will remain at or in excess of the above levels for 12 or more
			 hours.
(d)
Emergency
. The emergency level indicates that air
			 quality is continuing to deteriorate toward a level of significant harm to the
			 health of persons and that the most stringent control actions are necessary. An
			 emergency will be declared when any one of the levels listed in 310 CMR
			 8.03(2)(c) is reached at any monitoring site and meterological conditions are
			 such that the Department is of the opinion that, unless appropriate control
			 actions to reduce emissions are taken, ambient air contaminant concentration
			 levels will remain at or in excess of the above levels for 12 or more
			 hours.
(e)
Termination
. Once declared, any status reached by
			 application of these criteria will remain in effect until the criteria for that
			 level are no longer met. At such time, the next lower status will be assumed,
			 or the episode will be declared over.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.04 - Air Pollution Episode Potential Advisories

Current through Register 1525, July 5, 2024
(1) Atmospheric Stagnation Advisories
			 received by the Department shall be evaluated by the Department in light of
			 manifest local meteorological conditions, weather forecast, ambient air
			 contaminant concentration levels observed, and anticipated weather-influenced
			 emissions.
(2) During periods of
			 suspected poor atmospheric ventilation, Atmospheric Stagnation Advisories, and
			 Air Pollution Episodes, the Department will maintain close liaison with the
			 National Weather Service to exchange information of mutual benefit.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.05 - Declaration of Air Pollution Episodes and Incidents

Current through Register 1525, July 5, 2024
(1) The Commissioner, based upon the
			 Department's evaluation of such information relative to ambient air contaminant
			 concentration levels as may be available to the Department, meteorological
			 conditions extant, the Criteria set forth in
			 310 CMR
			 8.03 and/or other substantive and germane
			 information, shall declare an
(a) Air
			 Pollution Episode Alert,
(b) Air
			 Pollution Episide Warning, or
(c)
			 Air Pollution Incident Emergency.
PM
Alert
Warning
Emergency
SO2
O3
CO
Process Steam Generating Facility
-
-
x
x
Boiler lancing or soot blowing
between 12 AM - 4AM unless notified
otherwise by the Department
x
x
x
-
-
-
Use of lowest sulfur content fuel
available
x
x
x
x
-
-
Use of lowest ash content fuel
available
x
x
x
x
-
-
Purchase instead of generate
electric power from steam
x
x
x
x
-
-
Make ready for use of ERP
-
x
-
x
-
-
Put ERP into operation
-
-
x
x
-
-
Other Industries
Boiler lancing or soot blowing
between 12AM - 4PM unless notified
otherwise by the Department
x
x
x
-
-
-
Purchase instead of generate
electric power
x
x
x
x*
-
-
Make ready for ERP
-
x
-
x*
-
-
Put ERP into operation
-
-
x
x*
-
-
Notification of sensitive persons
x
x
x
x
x
x
Stop all sandblasting and demolition
activities
x
x
x
x
-
-
Stop construction activities that
generate pollutants
x
x
x
x
-
-
The following shall cease operations
Mining and q uarrying of no n- metallic
minerals
-
-
x
-
-
-
Manufacturing establishments with
no ERP
-
-
x
-
-
-
Wholesale trade establishments
-
-
x
-
-
-
Non-essential local, county, state,
and federal offices
-
-
x
-
-
-
Retail trade establishments
-
-
x
-
-
-
Banks, credit agencies, etc.
-
-
x
-
-
-
Domestic services
-
-
x
-
-
-
Recreational and sporting
Facilities and events
-
-
x
-
-
-
Educational institutions
-
-
x
-
-
-
* applies only to Industries
				discharging organics
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.06 - Termination of Air Pollution Episodes and Incident Emergencies

Current through Register 1525, July 5, 2024
(1) Whenever an Air Pollution Episode is
			 declared, said level (or status) of episode will remain in effect until the
			 criteria for that said level are no longer being met and, at such time, the
			 next lower level (or status) will be assumed.
(2) When the conditions which occasioned the
			 need for declaration of an Air Pollution Episode or Incident Emergency no
			 longer exist, the Commissioner shall declare a termination.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.07 - Emission Reductions Strategies

Current through Register 1525, July 5, 2024
Upon the declaration of an Air Pollution Episode, any person
				responsible for or having control over an ambient air contaminant emission
				source shall implement, to the extent possible, any indicated action strategies
				as listed below for the episode level and contaminant of concern as declared by
				the Commissioner.
PM
Alert
Warning
Emergency
SO2
O3
CO
Action Strategies
Notification to sensitive persons
x
x
x
x
x
x
APC Regulations in force
x
x
x
x
x
x
Open burning variances cancelled
x
x
x
x
x
x
Incinerator use not allowed
-
x
x
x
-
-
Request public to voluntarily curtail
motor vehicle use
x
-
-
-
x
x
Stop unnecessary motor vehicle
us e
-
x
x
-
x
x
Electric Power Generating Facilities
Boiler lancing or soot blowing
between 12 AM - 4PM only unless
notifie dot her wise by the
Department
x
x
x
-
-
-
Electric Power Generating Facilties
input capacity = 250 MBTU/hr.
Use of lowest sulfur content fuel
available
x
x
x
x
-
-
Use of lowest ash content fuel
available
x
x
x
x
-
-
Power source switching
x
x
x
x
-
-
Make ready for use of (ERP) Emission
Reduction Plan Enact ERP
-
x
-
x
-
-
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.08 - Emission Reduction Plans (ERP)

Current through Register 1525, July 5, 2024
(1) Any
			 person responsible for the operation of an emission source as set forth in
			 310 CMR
			 8.07 or any other emission source when
			 specified by the Department in writing shall prepare standby Emission Reduction
			 Plans (ERP) to reduce or eliminate emissions of air contaminants.
(2) Standby Emission Reduction Plans required
			 by 310 CMR 8.08(1) shall be in writing and shall identify the sources of air
			 contaminants, the approximate amount of reduction of contaminants, and a brief
			 description of the manner in which the reduction will be achieved.
(3)
ERPs Submittal and
			 Approval.
(a) Standby plans
			 (ERPs) required by 301 CMR 8.08(2) shall be submitted to the Department upon
			 request within 30 days of the receipt of such request.
(b) Standby plans (ERPs) shall be subject to
			 review and approval by the Department. If, in the opinion of the Department,
			 any ERP is inadequate, the Department shall disapprove the plan and request the
			 preparation of an amended plan. The Department shall give the reasons for
			 disapproval and shall require resubmittal of the plan with a reasonable period
			 of time as determined by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.15 - Air Pollution Incident Emergency (APIE)

Current through Register 1525, July 5, 2024
(1) The Commissioner shall declare an Air
			 Pollution Incident Emergency if in his opinion, such is deemed advisable to
			 prevent or abate a condition or impending condition which constitutes a present
			 or reasonably imminent danger to the public health.
(2) By nature of Air Pollution Incident
			 Emergencies, as defined, APIE's do not lend themselves to specific pre-planned
			 strategies for the specific emission sources as in the case of Air Pollution
			 Episodes.
(3) Upon declaration of
			 an Air Pollution Incident Emergency the Commissioner or his designee shall
			 assume and exercise such authority and powers as are provided in M.G.L. c. 111,
			 § 2B as amended, and as the Commissioner or his designees may deem
			 necessary to effect a prevention or an abatement of the conditions which occa
			 sioned his declaration of the APIE.
(4) Appropriate agencies of the Commonwealth
			 and political subdivisions thereof shall cooperate with the Commissioner and
			 his designees in efforts to effect the prevention or abatement of the Air
			 Pollution Incident Emergency.
(5)
			 Steps taken by any person to effect or assist in the prevention or abatement of
			 an Air Pollution Incident Emergency shall not be proof conclusive in any action
			 to establish responsibility for the event or happening that occasioned the APIE
			 and shall not prejudice his rights under the law.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.21 - Hearings

Current through Register 1525, July 5, 2024
The Department will grant a hearing, upon application in
				writing for the purpose of reconsideration to any person to whom an Order has
				been issued, provided that such application is made within ten days of the
				receipt of the Order. The Order will remain in full force and must be obeyed
				during the reconsideration process unless modified by the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.22 - Enforcement Provisions

Current through Register 1525, July 5, 2024
Any official of any police department or agency, fire
				department or agency, or health agency of the Commonwealth or political
				subdivision thereof is hereby authorized to enforce, as provided for in M.G.L.
				c. 111, § 2B or 142B,
				310 CMR
				8.07,
				8.08(4)
				 and 8.09.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.30 - Severability

Current through Register 1525, July 5, 2024
Each of section of
				310 CMR 8.00 shall be
				construed as separate to the end that if any regulation or sentence, clause, or
				phrase thereof shall be held invalid for any reason, the remainder of
				310 CMR 8.00 and all other
				regulations shall continue in full force.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 8.00 - The Prevention And/or Abatement Of Air Pollution Episode And Air Pollution Incident Emergencies › Section 8.31 - Relief

Current through Register 1525, July 5, 2024
M.G.L. c. 111, § 2B provides that any aggrieved person may
				appeal to the Commissioner or his designee for relief from the continuance of
				an Order. If the Commissioner or his designee finds that the continuance of any
				Order in whole or in part is unreasonable or unnecessary in light of the then
				prevailing conditions of air pollution, he may terminate or modify any such
				Order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 310 CMR
			 9.00 is adopted by the Commissioner of the Department
			 of Environmental Protection (DEP) under the authority of M.G.L. c. 91, §
			 18 to establish procedures, criteria, and standards for uniform and coordinated
			 administration of the provisions of M.G.L. c. 91, §§ 1 through 63 and
			 M.G.L. c. 21A, §§ 2, 4, 8 and 14.
			 310 CMR
			 9.00 also form part of the Massachusetts Coastal Zone
			 Management (CZM) Program, established by M.G.L. c. 21A, § 4A, and codified
			 at
			 301 CMR 20.00: Coastal Zone
			 Management Program. The interpretation and application of
			 310 CMR
			 9.00 shall be consistent with the policies of the CZM
			 Program,
			 301 CMR 20.00, to the maximum
			 extent permissible by law.
(2)
Purpose
.
			 310 CMR
			 9.00 is promulgated by the Department to carry out its
			 statutory obligations and the responsibility of the Commonwealth for effective
			 stewardship of trust lands, as defined in
			 310 CMR 9.02. The
			 general purposes served by
			 310 CMR
			 9.00 are to:
(a)
			 protect and promote the public's interest in tidelands, Great Ponds, and
			 non-tidal rivers and streams in accordance with the public trust doctrine, as
			 established by common law and codified in the Colonial Ordinances of 1641-47
			 and subsequent statutes and case law of Massachusetts;
(b) preserve and protect the rights in
			 tidelands of the inhabitants of the Commonwealth by ensuring that the tidelands
			 are utilized only for water-dependent uses or otherwise serve a proper public
			 purpose;
(c) protect the public
			 health, safety, and general welfare as it may be affected by any project in
			 tidelands, great ponds, and non-tidal rivers and streams;
(d) support public and private efforts to
			 revitalize unproductive property along urban waterfronts, in a manner that
			 promotes public use and enjoyment of the water; and
(e) foster the right of the people to clean
			 air and water, freedom from excessive and unnecessary noise, and the natural,
			 scenic, historic, and esthetic qualities of their environment under Article
			 XCVII of the Massachusetts Constitution.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.04 - Geographic Areas Subject to Jurisdiction

Current through Register 1525, July 5, 2024
The following geographic areas, generally considered "trust
				lands", are subject to licensing and permitting by the Department under
				310 CMR
				9.00:
(1) all
			 waterways, including all flowed tidelands and all submerged lands lying below
			 the high water mark of:
(a) Great
			 Ponds;
(b) the Connecticut
			 River;
(c) the section of the
			 Westfield River in the Towns of West Springfield and Agawam lying between the
			 confluence of said river with the Connecticut River and the bridge across said
			 river at Suffield Street in said Town of Agawam;
(d) the non-tidal portion of the Merrimack
			 River; and
(e) any non-tidal river
			 or stream on which public funds have been expended for stream clearance,
			 channel improvement, or any form of flood control or prevention work, either
			 upstream or downstream within the river basin, except for any portion of any
			 such river or stream which is not normally navigable during any season, by any
			 vessel including canoe, kayak, raft, or rowboat; the Department may publish,
			 after opportunity for public review and comment, a list of navigable streams
			 and rivers; and
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 9.00 - WATERWAYS › Section 9.05 - Activities Subject to Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Activities Requiring a License Application
. Except as
			 provided in 310 CMR 9.05(3), an application for license or license amendment
			 shall be submitted to the Department for the following activities involving
			 work on or use of fill or structures:
(a) any
			 construction, placement, excavation, addition, improvement, maintenance,
			 repair, replacement, reconstruction, demolition or removal of any fill or
			 structures, not previously authorized, or for which a previous grant or license
			 is not presently valid.
(b) any
			 existing or proposed use of any fill or structures not previously authorized,
			 or for which a previous grant or license is not presently valid;
(c) any structural alteration of fill or
			 structures from the specifications contained in a valid grant or license,
			 whether such authorization was obtained prior to or after January 1,
			 1984;
(d) any change in use of fill
			 or structures from that expressly authorized in a valid grant or license or, if
			 no such use statement was included, from that reasonably determined by the
			 Department to be implicit therein, whether such authorization was obtained
			 prior to or after January 1, 1984.