310 CMR, § 7.00

Current through Register 1536, December 6, 2024

Section 7.00 - Statutory Authority; Legend; Preamble; Definitions

(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.

(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.

(l) UNUSED WASTE OIL.

(m) USED OIL FUEL.

(n) USED WASTE OIL.

(o) WASTE.

(2)310 CMR 7.04(9).

(3)310 CMR 7.05(7), (8), and (9) and 310 CMR 7.05(8): Table 3.

(4)310 CMR 7.08(4).

LEGEND

The following symbols will indicate, in the attached 310 CMR 7.00: Air Pollution Control, which Air Pollution Control Districts they apply to:

U = Universal, all districts

B = Berkshire

CM = Central Massachusetts

MV = Merrimack Valley

MB = Metropolitan Boston

PV = Pioneer Valley

SM = Southeastern Massachusetts

Massachusetts Cities & Towns with corresponding DEP Regional Offices and Air Pollution Control Districts

City/Town	Region	District
A
Abington	SE	MB
Acton	C	MB
Acushnet	SE	SM
Adams	W	B
Agawam	W	PV
Alford	W	B
Amesbury	NE	MV
Amherst	W	PV
Andover	NE	MV
Arlington	NE	MB
Ashburnham	C	CM
Ashby	C	CM
Ashfield	W	PV
Ashland	NE	MB
Athol	W	CM
Attleboro	SE	SM
Auburn	C	CM
Avon	SE	MB
Ayer	C	MV
B
Barnstable	SE	SM
Barre	C	CM
Becket	W	B
Bedford	NE	MB
Belchertown	W	PV
Bellingham	C	SM
Belmont	NE	MB
Berkley	SE	SM
Berlin	C	CM
Bernardston	W	PV
Beverly	NE	MB
Billerica	NE	MV
Blackstone	C	CM
Blandford	W	PV
Bolton	C	MB
Boston	NE	MB
Bourne	SE	SM
Boxborough	C	MB
Boxford	NE	MV
Boylston	C	CM
Braintree	S	MB
Brewster	SE	SM
Bridgewater	SE	MB
Brimfield	W	PV
Brockton	SE	MB
Brookfield	C	CM
Brookline	NE	MB
Buckland	W	PV
Burlington	NE	MB
C
Cambridge	NE	MB
Canton	S	MB
Carlisle	NE	MV
Carver	SE	SM
Charlemont	W	PV
Charlton	C	CM
Chatham	SE	SM
Chelmsford	NE	MV
Chelsea	NE	MB
Cheshire	W	B
Chester	W	PV
Chesterfield	W	PV
Chicopee	W	PV
Chilmark	SE	SM
Clarksburg	W	B
Clinton	C	CM
Cohasset	S	MB
Colrain	W	PV
Concord	NE	MB
Conway	W	PV
Cummington	W	PV
D
Dalton	W	B
Danvers	NE	MB
Dartmouth	SE	SM
Dedham	NE	MB
Deerfield	W	PV
Dennis	SE	SM
Dighton	SE	SM
Douglas	C	CM
Dover	NE	MB
Dracut	NE	MV
Dudley	C	CM
Dunstable	C	MV
Duxbury	SE	MB
E
E. Bridgewater	SE	MB
E. Longmeadow	W	PV
E. Brookfield	C	CM
Eastham	SE	SM
Easthampton	W	PV
Easton	SE	MB
Edgartown	SE	SM
Egremont	W	B
Erving	W	PV
Essex	NE	MB
Everett	NE	MB
F
Fairhaven	SE	SM
Fall River	SE	SM
Falmouth	SE	SM
Fitchburg	C	CM
Florida	W	B
Foxborough	SE	SM
Framingham	NE	MB
Franklin	C	SM
Freetown	SE	SM
G
Gardner	C	CM
Gay Head	SE	SM
Georgetown	NE	MV
Gill	W	PV
Gloucester	NE	MB
Goshen	W	PV
Gosnold	SE	SM
Grafton	C	CM
Granby	W	PV
Granville	W	PV
Greenfield	W	PV
Groton	C	MV
Groveland	NE	MV
Gt. Barrington W	B
H
Hadley	W	PV
Halifax	SE	SM
Hamilton	NE	MB
Hampden	W	PV
Hancock	W	B
Hanover	SE	MB
Hanson	SE	MB
Hardwick	W	CM
Harvard	C	CM
Harwich	SE	SM
Hatfield	W	PV
Haverhill	NE	MV
Hawley	W	PV
Heath	W	PV
Hingham	S	MB
Hinsdale	W	B
Holbrook	S	MB
Holden	C	CM
Holland	W	PV
Holliston	C	MB
Holyoke	W	PV
Hopedale	C	CM
Hopkinton	C	MB
Hubbardston	C	CM
Hudson	C	MB
Hull	S	MB
Huntington	W	PV
I
Ipswich	NE	MB
K
Kingston	SE	SM
L
Lakeville	SE	SM
Lancaster	C	CM
Lanesborough	W	B
Lawrence	NE	MV
Lee	W	B
Leicester	C	CM
Lenox	W	B
Leominster	C	CM
Leverett	W	PV
Lexington	NE	MB
Leyden	W	PV
Lincoln	NE	MB
Littleton	C	MV
Longmeadow	W	PV
Lowell	NE	MV
Ludlow	W	PV
Lunenburg	C	CM
Lynn	NE	MB
Lynnfield	NE	MB
M
Malden	NE	MB
Manchester	NE	MB
Mansfield	SE	SM
Marblehead	NE	MB
Marion	SE	SM
Marlborough	C	MB
Marshfield	SE	MB
Mashpee	SE	SM
Mattapoisett	SE	SM
Maynard	C	MB
Medfield	C	MB
Medford	NE	MB
Medway	C	SM
Melrose	NE	MB
Mendon	C	CM
Merrimac	NE	MV
Methuen	NE	MV
Middleborough	SE	SM
Middlefield	W	PV
Middleton	NE	MB
Milford	C	SM
Millbury	C	CM
Millis	C	MB
Millville	C	CM
Milton	NE	MB
Monroe	W	PV
Monson	W	PV
Montague	W	PV
Monterey	W	B
Montgomery	W	PV
Mt. Washington	W	B
N
N. Attleborough	SE	SM
N. Brookfield	C	CM
N. Reading	NE	MB
Nahant	NE	MB
Nantucket	SE	SM
Northampton	W	PV
Northborough	C	CM
Natick	NE	MB
Needham	NE	MB
New Salem	W	PV
New Braintree	C	CM
New Ashford	W	B
New Marlborough	W	B
New Bedford	SE	SM
Newbury	NE	MV
Newburyport	NE	MV
Newton	NE	MB
Norfolk	C	MB
North Adams	W	B
North Andover	NE	MV
Northbridge	C	CM
Northfield	W	PV
Norton	SE	SM
Norwell	SE	MB
Norwood	S	MB
O
Oak Bluffs	SE	SM
Oakham	C	CM
Orange	W	PV
Orleans	SE	SM
Otis	W	B
Oxford	C	CM
Palmer	W	PV
Paxton	C	CM
Peabody	NE	MB
Pelham	W	PV
Pembroke	SE	MB
Pepperell	C	MV
Peru	W	B
Petersham	W	CM
Phillipston	C	CM
Pittsfield	W	B
Plainfield	W	PV
Plainville	SE	SM
Plymouth	SE	SM
Plympton	SE	SM
Princeton	C	CM
Provincetown	SE	SM
Q
Quincy	NE	MB
R
Randolph	S	MB
Raynham	SE	SM
Reading	NE	MB
Rehoboth	SE	SM
Revere	NE	MB
Richmond	W	B
Rochester	SE	SM
Rockland	SE	MB
Rockport	NE	MB
Rowe	W	PV
Rowley	NE	MV
Royalston	W	CM
Russell	W	PV
Rutland	C	CM
S
Salem	NE	MB
Salisbury	NE	MV
Sandisfield	W	B
Sandwich	SE	SM
Saugus	NE	MB
Savoy	W	B
Scituate	SE	MB
Seekonk	SE	SM
Sharon	SE	MB
Sheffield	W	B
Shelburne	W	PV
Sherborn	NE	MB
Shirley	C	CM
Shrewsbury	C	CM
Shutesbury	W	PV
Somerset	SE	SM
Somerville	NE	MB
South Hadley	W	PV
Southampton	W	PV
Southborough	C	MB
Southbridge	C	CM
Southwick	W	PV
Spencer	C	CM
Springfield	W	PV
Sterling	C	CM
Stockbridge	W	B
Stoneham	NE	MB
Stoughton	SE	MB
Stow	C	MB
Sturbridge	C	CM
Sudbury	NE	MB
Sunderland	W	PV
Sutton	C	CM
Swampscott	NE	MB
Swansea	SE	SM
T
Taunton	SE	SM
Templeton	C	CM
Tewksbury	NE	MV
Tisbury	SE	SM
Tolland	W	PV
Topsfield	NE	MB
Townsend	C	CM
Truro	SE	SM
Tyngsborough	N	MV
Tyringham	W	B
U
Upton	C	CM
Uxbridge	C	CM
W
Wakefield	NE	MB
Wales	W	PV
Walpole	S	MB
Waltham	NE	MB
Ware	W	PV
Wareham	SE	SM
Warren	W	CM
Warwick	W	PV
Washington	W	B
Watertown	NE	MB
Wayland	NE	MB
Webster	C	CM
Wellesley	NE	MB
Wellfleet	SE	SM
Wendell	W	PV
Wenham	NE	MB
W. Brookfield	C	CM
W. Stockbridge	W	B
W. Springfield	W	PV
West Newbury	NE	MV
W. Bridgewater	SE	MB
West Tisbury	SE	SM
West Boylston	C	CM
Westborough	C	CM
Westfield	W	PV
Westford	N	MV
Westhampton	W	PV
Westminster	C	CM
Weston	NE	MB
Westport	SE	SM
Westwood	NE	MB
Weymouth	S	MB
Whately	W	PV
Whitman	SE	MB
Wilbraham	W	PV
Williamsburg	W	PV
Williamstown	W	B
Wilmington	NE	MB
Winchester	NE	MB
Winchendon	C	CM
Windsor	W	B
Winthrop	NE	MB
Woburn	NE	MB
Worcester	C	CM
Worthington	W	PV
Wrentham	SE	SM
Y
Yarmouth	SE	SM

PREAMBLE

The purpose of 310 CMR 7.00 is to prevent the occurrence of conditions of air pollution where such do not exist and to facilitate the abatement of conditions of air pollution where and when such occur. They are designed to attain, preserve, and conserve the highest possible quality of the ambient air compatible with needs of society.

DEFINITIONS

When used in 310 CMR 7.00 or in communications, notices or orders relative thereto, the following words and phrases shall have the meanings ascribed to them below:

12-MONTH PERIOD, 12-MONTH ROLLING PERIOD, ROLLING 12-MONTH PERIOD, CONSECUTIVE 12-MONTH TIME PERIOD OR CONSECUTIVE 12-MONTH PERIOD means a consecutive rolling 12-month period over which emissions are calculated for the purpose described by the regulatory section in which this phrase appears. A rolling 12-month period is calculated monthly starting with the month just ended and counting back 12 months (e.g., December through the previous January, January through the previous February, February through the previous March, etc.)

ABOVEGROUND STORAGE TANK or AST, as used in 310 CMR 7.24(3) and (6), means a motor vehicle fuel storage tank that is intended for fixed installations, without backfill, that is located above or below grade.

ACT means the Federal Clean Air Act, 42 U.S.C. 7401et seq.

ACTUAL CONSTRUCTION means in general, initiation of physical on-site construction activities of any facility subject to the requirements of 310 CMR 7.00, which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent structures.

ACTUAL EMISSIONS means the rate that an emission unit or facility discharges air contaminants into the ambient air. This can be calculated on a daily, weekly, monthly, ozone season, 12-month rolling, calendar year basis or other time period as determined by the requirements of the applicable regulation(s). Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period including the efficiency of pollution control equipment, if present.

ADHESION PRIMER means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating. An adhesion primer is clearly identified as an adhesion primer or adhesion promoter on its accompanying safety data sheet.

ADHESION PROMOTER means a coating designed to facilitate the bonding of a primer or topcoat on surfaces such as trim moldings, door locks, and door sills, where sanding is impracticable, and on plastic parts and the edges of sanded areas.

ADMINISTRATOR means the administrator of the U.S. Environmental Protection Agency or his or her designee.

AEROSOL means a system of solid or liquid particles dispersed in a gas.

AEROSPACE MANUFACTURING AND REWORK OPERATIONS means manufacturing, rework, repair or specialized service (such as chemical milling, rather than actual component production or assembly), of an aerospace vehicle or component including, but not limited to, any fabricated part, processed part, assembly of parts, or completed unit of any aircraft including, but not limited to, airplanes, helicopters, missiles, rockets, and space vehicles. In general, aerospace manufacturing and rework facilities are covered by the SIC codes 3720, 3721, 3724, 3728, 3760, 3761, 3764, 3769, 4512, 4581 and 9711. However, facilities classified under other SIC codes may also perform operations that meet the definition of aerospace manufacturing and rework operations.

AFFECTED FACILITY for the purposes of 310 CMR 7.16, means any employment facility at which 250 or more employees are commuters, or any educational facility at which 1000 or more persons are commuters.

AGRICULTURE for the purpose of 310 CMR 7.07, means those practices involved with the cultivation of soil for purposes of crop production and/or the raising of livestock when such crops are produced primarily for commercial foodstuffs and such livestock are raised primarily for commercial foodstuffs or work purposes.

AIR means atmosphere.

AIR CONTAMINANT means any substance or man-made physical phenomenon in the ambient air space and includes, but is not limited to, dust, flyash, gas, fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination thereof, or any decay or reaction product thereof.

AIR CONTAMINATION SOURCE means any place at or from which any air contaminant is emitted to the ambient air space.

AIR POLLUTION means the presence in the ambient air space of one or more air contaminants or combinations thereof in such concentrations and of such duration as to:

(a) cause a nuisance;

(b) be injurious, or be on the basis of current information, potentially injurious to human or animal life, to vegetation, or to property; or

(c) unreasonably interfere with the comfortable enjoyment of life and property or the conduct of business.

AIR TOXIC. Any air contaminant for which the Department has published inhalation toxicity values or that the Department has determined to be toxic or potentially toxic to human health.

AIR-ASSISTED AIRLESS SPRAY means an airless spray with a compressed air jet at the nozzle opening to atomize a coating.

AIR-DRIED COATING for purposes of 310 CMR 7.18(11)(d)2.a. and b., means a coating that is cured at a temperature below 90°C (194°F).

AIR-DRIED COATING for purposes of 310 CMR 7.18(21), means a coating that is dried by the use of air or forced warm air at temperatures below 90°C (194°F).

AIRLESS SPRAY means a spray coating method in which the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening.

ALCOHOL SUBSTITUTE means non-alcohol fountain solution additives including, but not limited to, glycol ethers or ethylene glycol.

ALTER OR ALTERATION means any physical change or change in the method of operation (including modification or reconfiguration of an emissions unit, change in the raw material used or change in the operating rate) which would result in an increase in potential emissions or an increase in ambient air impacts (i.e., reduced stack height).

ALTERNATIVE FUEL means any fuel designated as such on an annual list issued by the Department, including methanol, denatured ethanol, and other alcohols; mixtures containing 85% or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquified petroleum gas; hydrogen, coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel that the Department determines is substantially not petroleum.

AMBIENT AIR SPACE means the unconfined space occupied by the atmosphere above the geographical area of the District which includes the air outside a facility or structure.

ANNUAL CAPACITY FACTOR means the ratio between the actual heat input to the emission unit during the calendar year and the potential heat input to the emission unit had it been operated for 8,760 hours during a calendar year at the rated capacity; rated capacity for combustion turbines shall be at ISO (the International Organization for Standardization) conditions (i.e., 59° Fahrenheit, 60% relative humidity, and 101.3 kilopascals pressure).

ANTIFOULANT COATING means any coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms, and registered with the United States Environmental Protection Agency (EPA) as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136).

ANTI-GLARE SAFETY COATING means a low gloss coating formulated to eliminate glare for safety purposes on interior surfaces of a vehicle, as specified under the U.S. Department of Transportation Motor Vehicle Safety Standards.

APPLICABLE REQUIREMENT for the purposes of 310 CMR 7.02(12), means any emission limitation, standard, term, condition or other requirement provided for in a Department regulation, a plan approval, an emission control plan or other document issued by the Department pursuant to 310 CMR 7.00.

APPLICATION AREA means any area where a coating is applied including, but not limited to, application by dipping, rolling, spraying or flowcoating techniques.

AQUEOUS CLEANER means a cleaning fluid or device using a cleaning fluid that is composed of soap and/or other water-soluble materials in a water solution.

ASPHALT means a dark-brown to black cementitious material (solid, semi-solid, or liquid) in which the predominating constituents are bitumens which occur in nature as such, or which are obtained as residue in refining petroleum.

ATTAINMEMT AREA means any area determined by the Administrator as one in which the ambient air concentration for a criteria pollutant does not exceed a primary or a secondary National Ambient Air Quality Standard.

AUTOMOBILE means a motor vehicle capable of carrying no more than 12 passengers.

AUTOMOTIVE EXTERIOR FLEXIBLE PARTS means flexible plastic parts used in the manufacture or repair of exterior components of automobiles.

AUTOMOTIVE EXTERIOR RIGID (NON-FLEXIBLE) PARTS means rigid plastic parts used in the manufacture or repair of exterior components of automobiles.

AUTOMOTIVE INTERIOR PARTS means plastic parts used in the manufacture or repair of interior components of automobiles.

AUTOMOTIVE REFINISHING FACILITY means any facility at which the interior or exterior bodies of automobiles, motorcycles, trucks, mobile equipment, or vans are repainted. This definition includes refinishing operations that travel to various locations, that refinish new vehicles damaged in transit before their initial sale, and that refinish aftermarket vehicles.

AUTOMOTIVE/TRANSPORTATION COATING means the coating of any plastic part that is or shall be assembled with other parts to form an automobile or truck.

Btu means British thermal unit, the amount of heat necessary to raise the temperature of one pound of water from 39°F to 40°F.

BAKED COATING means a coating that is cured at a temperature that is at or above 90°C (194°F).

BAKERY means a facility consisting of one or more ovens for the baking of bread or other yeast leavened products.

BASE DATE means the date on which the base number of single occupant commuter vehicles at a particular employment facility or educational institution must be determined.

BEST AVAILABLE CONTROL TECHNOLOGY means an emission limitation based on the maximum degree of reduction of any regulated air contaminant emitted from or which results from any regulated facility which the Department, on a case-by-case basis taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility through application of production processes and available methods, systems and techniques for control of each such contaminant. The best available control technology determination shall not allow emissions in excess of any emission standard established under the New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants or under any other applicable section of 310 CMR 7.00, and may include a design feature, equipment specification, work practice, operating standard, or combination thereof.

BIOTECHNOLOGY means the use of cellular and molecular processes from living systems to make or assist in making products.

BLACK COATING means a coating which meets the following criteria:

(a) Maximum lightness: 23 units.

(b) Saturation: less than 2.8, where saturation equals the square root of A² + B².

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, maximum lightness is 33 units.

BLANKET means a rubber-covered cylinder that receives the printed image from the plate cylinder and transfers the image to the substrate.

BOSTON METROPOLITAN PLANNING ORGANIZATION means the organization designated for maintaining a continuing, cooperative, and comprehensive (3C) transportation planning process under Section 134 of the Federal Aid Highway Act and Section 5303 of the Federal Transit Act in the Boston metropolitan region.

BOSTON TRANSPORTATION DEPARTMENT means the agency within the City of Boston responsible for transportation and traffic-related activities including the regulation of off-street parking spaces in the City under M.G.L. c. 148, § 56.

BOTTOM FILLING means the filling of a tank truck or stationary storage tank through an opening which is flush with the bottom of the tank.

BUBBLE means an alternative emission control strategy where several emission points are regarded as being placed under an hypothetical dome which is then regarded as a single emission source. Sources under a bubble may reallocate emission decreases and increases so long as the requirements of 310 CMR 7.00 are met. Bubbles need not be confined to a single facility or source site.

BULK PLANT means any organic material storage and/or distribution facility with an average daily throughput (1/30 of the total throughput on a rolling 30-day time period) of greater than or equal to 4,000, but less than 20,000 gallons of organic material having a true vapor pressure greater than 1.5 psia under actual storage conditions.

BULK TERMINAL means any organic material storage and/or distribution facility with an average daily throughput (1/30 of the total throughput on a rolling 30-day time period) of greater than 20,000 gallons of organic material having a true vapor pressure greater than 1.5 psia under actual storage conditions.

BUSINESS DAY as used in 310 CMR 7.24(3) and (6), means a day of the week that the Department is open for business.

BUSINESS MACHINE means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information, or convert sound into electrical impulses for transmission, including devices listed in North American Industry Classification System (NAICS) numbers 333318, 334112, 334118, 334210, and photocopy machines, a subcategory of products classified under NAICS code 333316.

BUSINESS MACHINE COATING means the coating of any plastic part that is or shall be assembled with other parts to form a business machine.

CALIFORNIA AIR RESOURCES BOARD (or CALIFORNIA ARB or CARB) means the California state agency established and empowered to regulate sources of air pollution in California, including motor vehicles, pursuant to California Health and Safety Code, Sections 39500 et seq.

CAMOUFLAGE COATING means a coating used, principally by the military, to conceal equipment from detection.

CAPTURE EFFICIENCY means the ability of a building, enclosure or system to capture air contaminants within the building, enclosure or system before the air contaminants are directed to an air pollution control device. Capture efficiency is determined in accordance with EPA Reference Test Method Number 204, as specified in 40 CFR Part 51 : Appendix M, or by other methods approved by the Department and EPA.

CARBON DIOXIDE EQUIVALENT (CO₂e) means the amount of GHGs emitted computed by multiplying the mass amount of emissions in tons per year for each of the greenhouse gases in the air contaminant GHGs, by each gas' associated global warming potential set forth in 40 CFR Part 98, Subpart A: Table A-1 - Global Warming Potentials as in effect on January 1, 2015, and summing the resultant value for each gas to compute tons per year CO e.

CEMS means a continuous emissions monitoring system

CFR means the Code of Federal Regulations.

CHAIRMAN OF THE BOSTON MPO means the chairman of the Boston Metropolitan Planning Organization; which position is held by the Massachusetts Secretary of Transportation and Construction.

CHART means the Ringelmann Scale for grading the density of smoke, as published by the United States Bureau of Mines and as referred to in the Bureau of Mines Information Circular No. 8333, or any smoke inspection guide approved by the Department.

CLASS I HARDBOARD PANELING FINISH means a finish that meets the specifications for Class I of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute (ANSI).

CLASS II HARDBOARD PANELING FINISH means a finish that meets the Class II specifications of ANSI A135.5-2012 as approved by the American National Standards Institute (ANSI).

CLEANUP SOLUTION means a solution which is used to clean any equipment and its parts.

CLEAR COAT means a coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color.

COATING means a material applied onto, or impregnated into, a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, adhesives and temporary protective coatings.

COATING for purposes of 310 CMR 7.18(14) means materials applied onto or impregnated into a substrate for decorative, protective, or functional purposes. Such materials include, but are not limited to, solvent-borne coatings, waterborne coatings, adhesives, wax coatings, wax laminations, extrusion coatings, extrusion laminations, 100% solid adhesives, UV cured coatings, electron beam cured coatings, hot melt coatings, and cold seal coatings. Materials used to form unsupported substrates, such as calendaring of vinyl, blown film, cast film, extruded film, and co-extruded film, are not defined as coatings.

COATING LINE(S) means one or more apparatuses or operations which apply, convey and dry a surface coating comprised of including but not limited to the coating applicator (knife coating, roll coating, spray booths, flow coaters, dipping), conveyors, flashoff areas, air dryers, drying ovens and curing ovens. A coating line is considered to convey, apply and dry one or more layers of surface coating including, but not limited to, base coat, single coat, prime coat, and top coat.

COATING LINE for purposes of 310 CMR 7.18(14), means a series of coating applicators, flash-off areas, and any associated curing/drying equipment between one or more unwind/feed stations and one or more rewind/cutting stations.

COATING MIXING TANK means any portable or stationary tank used to disperse, blend, strain, thin, or tint an ink or formulation used for surface coating.

COMBINED CYCLE COMBUSTION TURBINE means any combustion turbine, including the duct burner portion thereof, in which heat is recovered from the exhaust gases to heat water or generate steam.

COMBUSTION DEVICE means all equipment including, but not limited to, thermal incinerators, catalytic incinerators, flares, boilers, and process heaters used for combustion of organic vapors.

COMBUSTION EFFICIENCY (C.E.) means a measure of the completeness of combustion, expressed as a percent, determined by the measurement of carbon dioxide (CO) and carbon monoxide (CO) in flue gas in accordance with the following formula: C.E. = [CO₂/(CO + CO₂)] x 100.

COMMENCE OPERATIONS, as used in 310 CMR 7.24(3) and (6), means that point, after a Stage I or Stage II system has been installed or has undergone a substantial modification, when motor vehicle fuel is first dispensed for sale or use from a motor vehicle fuel dispensing facility or tank truck for the purpose said facility or tank truck is intended.

COMMERCIAL PARKING SPACES means, for the purposes of 310 CMR 7.30, parking spaces provided for a fee, excluding employee parking spaces.

COMMISSIONER means the Commissioner of the Department of Environmental Protection.

COMMUTER means any employee or student during his or her journey to or from work or classes and whose automobile is not customarily required to be used in the course of employment or classes.

COMPLIANCE CERTIFICATION means a statement detailing the compliance status of the emission unit or facility in regards to each applicable requirement, signed by a responsible official of the facility as being complete, accurate and true to the best knowledge of the signatory.

COMPONENT for the purpose of 310 CMR 7.18(19), means a piece of equipment including, but not limited to, pumps, valves, compressors, and pressure relief valves, which has the potential to leak volatile organic compounds.

CONDENSATE for the purposes of 310 CMR 7.24, means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

CONDENSIBLE SUBSTANCES means any inorganic or organic compound or element, which exist in vapor phase prior to being emitted to the ambient atmosphere and undergoes rapid condensation under ambient conditions.

CONDENSOR means a device which cools a gas stream to a temperature which removes specific organic compounds by condensation.

CONSTRUCT OR CONSTRUCTION means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in an increase in potential emissions.

CONTAMINATED GROUNDWATER TREATMENT SYSTEM (CGTS) means a system designed to remediate groundwater contaminated with VOC through stripping of VOC from the water and transferring the VOC to an air stream.

CONTAMINATED SOIL VENTING SYSTEM means a system designed to remediate soil contaminated with a volatile organic compound (VOC) through stripping of the VOC from the soil by use of an on-site venting system constructed into the contaminated soil area. CONTAMINATED SOIL VENTING SYSTEM does not include the venting of landfills.

CONTINUOUS COMPLIANCE means meeting emission limitations established by 310 CMR 7.00 at all times.

CONTINUOUS PROCESS POLYSTYRENE RESIN MANUFACTURING PLANT means a plant in which styrene, with various dissolved additives, is continuously fed into a thermal reactor system and a molten resin product is continuously discharged from the reactor system.

COOLING TOWER as used in 310 CMR 7.02(2)(g)6., means an open water recirculation device that uses fans or natural draft to draw or force ambient air through the device to cool warm water by direct contact.

CRITERIA AIR CONTAMINANT or CRITERIA POLLUTANT means ozone (O₃), particulate matter (PM), sulfur oxides measured as sulfur dioxide (SO₂), nitrogen dioxide (NO₂), volatile organic compounds (VOC) as non-methane hydrocarbons, carbon monoxide (CO) or lead (Pb), or any other air contaminant for which national ambient air quality standards have been adopted.

CRUDE OIL means a naturally occurring mixture which consists of hydrocarbons, and sulfur, nitrogen and/or oxygen derivatives of hydrocarbons which is a liquid at standard conditions.

CUMULATIVE IMPACT ANALYSIS. For the purpose of 310 CMR 7.02(14), the analysis required in 310 CMR 7.02(14).

CURB WEIGHT describes a vehicle's weight classification as determined by the Registrar of Motor Vehicles.

CUTBACK ASPHALT means asphalt cement which has been liquefied by blending with petroleum solvent (diluents) such that the blend contains greater than 7% by weight of such petroleum solvents. Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform its function.

CYLINDER means any one of several components of a printing press used to transfer printed images or guide paper through the press including, but not limited to, intermediate, blanket, impression, plate and sheet transfer cylinders.

DEMOLITION OR RENOVATION means, unless otherwise specified, any operation which involves the wrecking, taking out, removal, stripping, or altering in any way (including repairing, restoring, drilling, cutting, sanding, sawing, scratching, scraping, or digging into) or construction of one or more facility components or facility component insulation. DEMOLITION or RENOVATION includes load- and nonload - supporting structural members of a facility.

DEPARTMENT means the Department of Environmental Protection (pursuant to St. 1989 c. 240, §§ 101, "...the department of environmental quality engineering shall be known as the department of environmental protection").

DIGITAL PRINTING means a method of printing in which an electronic output device transfers variable data, in the form of an image, from a computer to a variety of substrates.

DIP COATING means a method of applying coatings to a substrate by submersion into and removal from a coating bath.

DISTRICT means the Berkshire (BAPCD), Central Massachusetts (CMAPCD), Merrimack Valley (MVAPCD), Metropolitan Boston (MBAPCD), Pioneer Valley (PVAPCD), and Southeastern Massachusetts (SMAPCD) Air Pollution Control Districts.

DRUM means any cylindrical metal shipping container larger than 12 gallons capacity but no larger than 110 gallons capacity.

DRY BOTTOM means a furnace design in which the coal-fired unit equipped with an ash disposal hopper bottom with sufficient cooling surface so that the ash particles impinging on the furnace walls or hopper bottom can be removed in a dry state.

DUAL-POINT STAGE I SYSTEM as used in 310 CMR 7.24(3), means a type of Stage I system in which the storage tank is equipped with an entry port for a motor vehicle fuel fill pipe and a separate exit port for a vapor connection.

DUCT BURNER means a device that combusts fuel and that is placed in the exhaust duct from another source, such as a stationary gas turbine, internal combustion engine, kiln etc., to allow the firing of additional fuel to heat the exhaust gases before the exhaust gases enter a heat recovery steam generating unit.

DUST means finely divided solid matter.

DYEING FORMULATION means a fluid used to apply color to a textile substrate.

ELASTOMERIC COATING means a coating that is designed for application over flexible parts, such as elastomeric bumpers.

ELECTRIC DISSIPATING COATING means a coating that rapidly dissipates a high voltage electric charge.

ELECTRIC-INSULATING AND THERMAL-CONDUCTING COATING means a coating that displays an electrical insulation of at least 1000 volts DC per mil on a flat test plate and an average thermal conductivity of at least 0.27 BTU per hour-foot-°F.

ELECTRIC-INSULATING VARNISH means a non-convertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.

ELECTRICAL AND ELECTRONIC COMPONENTS for purposes of 310 CMR 7.18(31) means components and assemblies of components that generate, convert, transmit, or modify electrical energy. Electrical and electronic components include, but are not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors, and transistors. Cabinets in which electrical and electronic components are housed are not considered electrical and electronic components.

ELECTRODEPOSITION means a specialized form of dip coating where opposite electric charges are applied to the coating and the part.

ELECTROMAGNETIC INTERFERENCE/RADIO FREQUENCY INTERFERENCE (EMI/RFI) COATING means a coating used in plastic business machine housings to attenuate electromagnetic and radio frequency interference signals that would otherwise pass through the plastic housings.

ELECTROSTATIC PREPARATION COATING means a coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a primer, a topcoat, or other coating through the use of electrostatic application methods. An electrostatic preparation coating is clearly identified as an electrostatic preparation coating on its accompanying safety data sheet.

ELECTROSTATIC SPRAY APPLICATION means the application of charged atomized paint particles thereby enhancing deposition by electrostatic attraction of the paint to the substrate.

EMERGENCY DEMOLITION/RENOVATION OPERATION means any operation that was not planned but results from a sudden unexpected event which requires the demolition/renovation of a structurally sound or unsound facility or facility component. This term includes operations necessitated by non-routine failures of equipment.

EMERGENCY MOTOR VEHICLE as used in 310 CMR 7.24(6), means any publicly or privately-owned motor vehicle used for the restoration or maintenance of electricity, gas, telephone, or other utilities essential to maintain public services during an emergency situation; any publicly-owned motor vehicle operated by a peace officer in performance of their duties; any authorized emergency motor vehicle used for fighting fires or responding to emergency fire calls; any publicly-owned authorized emergency motor vehicle used by an emergency medical technician or paramedic; any publicly or privately-owned motor vehicle under contract for snow removal; any publicly or privately-owned motor vehicle used for towing or servicing other emergency motor vehicles; or any ambulance used by a private entity under contract with a public agency.

EMERGENCY SITUATION as used in 310 CMR 7.24(6), means a situation in which a local, state, or federal official has declared a "state of emergency," or during fire fighting activities.

EMERGENCY OR STAND-BY ENGINE for the purposes of 310 CMR 7.02(8)(i) and 7.03(10), means any stationary internal combustion engine which operates as an emergency or standby mechanical or electrical power source.

EMI/RFI SHIELDING COATING means a coating used on electrical or electronic equipment to provide shielding against electromagnetic interference (EMI), radio frequency interference (RFI), or static discharge.

EMISSION means any discharge or release of an air contaminant to the ambient air space.

EMISSION POINT means any place (including, but not limited to, a stack or vent) at or from which any air contaminant is emitted to the ambient air space.

EMISSION STATEMENT is a certification submitted by the owner or operator of a facility that describes the actual annual emissions of VOC and/or NOx from the facility as well as the average Ozone Season daily emissions from the facility.

EMISSION UNIT means any individual piece of equipment from which any air contaminant is emitted to the ambient air space; for example, an individual boiler, a single degreaser, etc.

EMISSIONS CAPTURE AND CONTROL EQUIPMENT means a system designed to limit the release of air contaminants into the ambient air by collecting emissions from a facility or emission unit, before they are emitted to the ambient air, and controlling these emissions by reducing or eliminating the mass of the air contaminants contained in the emissions. Control methods include, but are not limited to, oxidation, filtration, scrubbing, condensation, absorption and adsorption.

EMPLOYEE means any person who performs work for an employer 17 or more hours per week and for more than 20 weeks per year for compensation and who travels to and from work by any mode of travel.

EMPLOYEE PARKING SPACES means for the purposes of 310 CMR 7.30, parking spaces provided for use by employees of MASSPORT and employees of tenants at Logan Airport.

EMPLOYER means any person or entity who employs 250 or more daytime employee commuters at any time during a calendar year at any employment facility, or any educational institution with 1000 or more commuters.

EMPLOYMENT FACILITY means any facility or group of facilities of the same employer which are within walking distance of each other at which 250 or more persons are commuters.

END SEALING COMPOUND means a synthetic rubber compound which is coated on to ends of cans and which functions as a gasket when the can is assembled.

ENERGY INPUT CAPACITY means the ability of a fuel utilization facility, based on the Higher Heating Value (HHV) of the fuel, to combust a stated maximum amount of fuel on a steady state basis, as determined by the physical design and characteristics of the fuel utilization facility and does not include the energy input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources.

ENVIRONMENTAL JUSTICE POPULATION.

(a) A Neighborhood that meets one or more of the following criteria:

1. the annual median household income is not more than 65% of the statewide annual median household income;

2. minorities comprise 40% or more of the population;

3. 25% or more of households lack English language proficiency;

4. minorities comprise 25% or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150% of the statewide annual median household income; or

(b) a geographic portion of a Neighborhood designated by the Secretary as an Environmental Justice Population pursuant to M.G.L. c. 30, § 62; provided, however, that a Neighborhood or a geographic portion of a Neighborhood that the Secretary has determined shall not be designated an Environmental Justice Population pursuant to M.G.L. c. 30, § 62 shall not be considered an Environmental Justice Population.

EPA means the United States Environmental Protection Agency.

ETCHING FILLER means a coating that contains less than 23% solids by weight and at least 1/2% acid by weight, and is used instead of applying a pretreatment coating followed by a primer.

EXECUTIVE ORDER, as used in 310 CMR 7.24(3) and (6), means a certification document, including but not limited to, applicable exhibits, installation, operation and maintenance manuals, manufacturer guidance documents and manufacturer advisory correspondence or mail outs, as issued or approved by CARB, in accordance with the applicable certification procedures (17 of the California Code of Regulations, section 94011, as amended April 12, 1996) and adopted by the Department in 310 CMR 7.24(3) and (6).

EXISTING FACILITY for the purposes of 310 CMR 7.02(8), means any facility that is in operation on or before June 1, 1972, or any proposed facility of which the construction, substantial reconstruction or alteration of which has been approved in writing by the Department on or before June 1, 1972. All facilities as specified in the Federal Register, Volume 36, No. 247, December 23, 1971, the construction or modification of which was initiated after August 17, 1971 shall not be defined as existing facilities.

EXTERIOR BASE COAT means any coating applied to the exterior of a can to provide exterior protection to the metal and/or provide background for the lithographic or printing operation.

EXTERNAL FLOATING ROOF means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

EXTREME ENVIRONMENTAL CONDITIONS means continuous exposure to temperatures consistently above 95°C, detergents, abrasives, scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.

EXTREME HIGH-GLOSS COATING for purposes of 310 CMR 7.18(11)(d)2.a. and b., means a coating which, when tested by ASTM standard D523-14, shows a reflectance of 75% or more on a 60° meter.

EXTREME HIGH-GLOSS COATING for purposes of 310 CMR 7.18(11)(b)4. and (d)2.c., means a coating which, when tested by ASTM standard D523-14, shows a reflectance of 90% or more on a 60° meter.

EXTREME PERFORMANCE COATING means coatings designed for exposure to harsh or extreme environmental conditions, as determined by the Department including, but not limited to, constant weather exposure, detergents, temperatures consistently above 203°F (95°C), or corrosive atmospheres.

EXTREME PERFORMANCE COATING for purposes of 310 CMR 7.18(11)(d)2.a. and b. means a coating used on a metal or plastic surface where the coated surface is, in its intended use, exposed to extreme environmental conditions such as those listed in (a) through (c).

EXTREME PERFORMANCE COATING includes, but is not limited to, coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks. Extreme environmental conditions include, but are not limited to, any of the following:

(a) Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;

(b) Repeated exposure to temperatures in excess of 121°C (250°F); or

(c) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

FABRIC SURFACE COATING means the coating of a textile substrate to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance.

FACE FIRING means a furnace firing design in which the burners are mounted in an array on one or more vertical walls including

(a) opposed firing, where the burners are mounted on two opposite walls; and

(b) single-wall firing, where the burners are mounted on only one wall.

FACILITY means any installation or establishment and associated equipment, located on the same, adjacent or contiguous property, capable of emissions.

FACILITY COMPONENT means any part of a facility including, but not limited to, any equipment, pipe, duct, boiler, tank, turbine, furnace, building material, insulation, load supporting and nonload supporting structural member or non-structural member at the facility.

FEDERAL POTENTIAL TO EMIT or FEDERAL POTENTIAL EMISSIONS means the maximum capacity of a stationary source to emit a regulated pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a regulated pollutant, including air pollution control equipment and restriction on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. To be federally enforceable, a limitation on any facility's capacity to emit a pollutant shall include testing, monitoring, and recordkeeping procedures sufficient to demonstrate compliance with the limitations. Examples of permit or SIP limitations generally considered federally enforceable are limitations on the allowable capacity of the equipment, requirements for the installation, operation and maintenance of pollution control equipment, limits on hours of operation, and restrictions on amounts of materials combusted, stored, or produced. To be federally enforceable, restrictions on operation, production, or emissions must be stated in terms of the shortest averaging time that can be used as a practical matter, e.g., pounds per hour, or gallons per hour, and they must be tied to other enforceable operating restrictions at the source. General limitations on potential to emit, such as yearly limits (e.g., in tons per year), by themselves, are not considered federally enforceable. The use of hourly, daily, weekly, or monthly rolling limits are generally acceptable. Any federally enforceable limitations or conditions must be enforceable as a practical matter, ensure continuous compliance with the restrictions, and include adequate testing, monitoring, and record keeping procedures sufficient to demonstrate compliance with the limitations or conditions of an applicable federally enforceable document described above. Fugitive emissions, to the extent quantifiable, are included in determining the potential to emit of a stationary source. Secondary emissions do not count in determining the potential to emit of a stationary source.

FEDERALLY ENFORCEABLE means all limitations and conditions which are enforceable by the Administrator, including but not limited to, those requirements developed pursuant to 40 CFR Part 60 (New Source Performance Standards), 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants), 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Catergories), 40 CFR Parts 72 through 80 (Acid Rain Program) and requirements within the Massachusetts State Implementation Plan. Federally enforceable requirements also include those requirements in operating permits issued either pursuant to 40 CFR Part 71 or under 310 CMR 7.00: Appendix C, (except those listed as state enforceable only) any permit requirements established pursuant to 40 CFR 52.21 (Prevention of significant deterioration of air quality), under plan approval requirements in either 310 CMR 7.02 or 7.00: Appendix A. Federally enforceable limitations and conditions can also be contained in either a permit restriction issued under 310 CMR 7.02(9), (10), (11) or equipment installed under 310 CMR 7.03, that has been made federally enforceable after the EPA has approved 310 CMR 7.02 and 7.03 into the Massachusetts SIP.

FERROUS CUPOLA FOUNDRY means a vertical cylindrical furnace using pig iron, scrap iron, scrap steel and coke as charging components. Ferrous Cupola Foundries can be separated into "Jobbing" Foundries and "Production" foundries. Jobbing foundries run intermittently for just long enough at one time to pour the molds that are ready on the foundry floor on a job-by-job basis. Production foundries will melt metal continuously and pour to a succession of molds that are constantly being prepared to receive the flow of molten iron.

FINAL FINISH APPLICATION LINE means one or more apparatuses or operations which apply, convey, and dry/cure a final finish on to a textile substrate.

FINAL FINISHING means the functional enhancement of a textile by application of shape-retentive, water-repellent, stain-resistant, antistatic, flame-retardant, or other chemical treatments.

FINISH PRIMER/SURFACER means a coating applied with a wet film thickness of less than ten mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections.

FINISHING FORMULATION means a material applied to a textile substrate to enhance the textile's performance or appearance.

FLASHOFF AREA means part of a coating line between the application area and the oven.

FLAT WOOD PANELING means hardwood plywood, thin particleboard and hardboard, but does not include Class I hardboard panels, exterior siding, tile board, insulation board or particleboard used in furniture manufacturing.

FLAT WOOD PANELING SURFACE COATING means a coating applied to flat wood panels including: printed interior panels made of hardwood plywood and thin particleboard; natural finish hardboard plywood panels; and hardwood paneling with Class II finishes.

FLEXIBLE COATING means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.

FLEXOGRAPHIC PRINTING means the application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

FLOW COATING means a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

FLYASH means the aerosolized solid component of burned or partially burned fuel. "Soot" and "cinders" are included within the meaning of the term "flyash".

FOG COATING means a coating that is applied to a plastic part for the purpose of color matching without masking a molded-in texture.

FOUNTAIN ADDITIVE means any of several volatile and/or non volatile compounds or mixtures of compounds used to enhance the functioning of dampening systems in offset lithographic presses.

FOUNTAIN SOLUTION means a mixture of water and fountain additives, including isopropyl alcohol, for use in the dampening system of offset lithographic presses. Also referred to as dampening solution.

FOUR-STAGE COATING SYSTEM means a topcoat system composed of a colored basecoat, two semi-transparent midcoats, and a final transparent clearcoat. For compliance purposes, the VOC content of four-stage coating systems shall meet the emission limitation for three or four-stage topcoats in Table 7.18(28)(c), and is calculated according to the following formula:

Click to view image

Where:

VOC T_4-stage is the weighted average of the VOC content, as applied, in the basecoat, midcoat, and clearcoat system.

VOC_bc is the VOC content, as applied, of any given basecoat.

VOC_mc1 is the VOC content, as applied, of the first midcoat.

VOC_mc2 is the VOC content, as applied, of the second midcoat.

2VOC_cc is twice the VOC content, as applied, of any given clearcoat.

FREEBOARD HEIGHT means for a Cold Cleaner Degreaser, the distance from the top of the liquid level to the lip of the tank; for an Open Top Vapor Degreaser, the distance from the top of the vapor zone during idling to the lip of the degreaser tank; for a Conveyorized Cold Cleaner, the distance from the top of the solvent level to the bottom of the entrance or exit opening, whichever is lower, for a Conveyorized Vapor Degreaser, the distance from the top of the solvent vapor level while idling to the bottom of the entrance or exit opening, whichever is lower.

FREEBOARD RATIO means ratio of the freeboard height to the smaller interior dimension (length, width, or diameter) of the degreaser.

FUEL means any solid, liquid, or gaseous material such as, but not limited to, coal, gasoline, manufactured gas, natural gas, oil, or wood, used for the production of heat or power by burning.

- COAL means all solid fuels classified as anthracite, bituminous, subbituminious, or lignite by the American Society of Testing and Materials in ASTM D388-77, standard specification for classification of coals by Rank, coal-derived synthetic fuels including, but not limited to, solvent refined coal, gasified coal, coal-oil mixtures, and coal-water mixtures.

- DISTILLATE FUEL OIL means No. 1 or No. 2 fuel oil. Distillate fuel oil having a sulfur content of 0.17 pounds of million Btu heat release potential is approximately equal to distillate fuel oil having a sulfur content of 0.3% by weight.

- FOSSIL FUEL means coal, coke, distillate oil, residual oil, used oil fuel or natural or manufactured gas.

- HAZARDOUS WASTE FUEL means a regulated recyclable material, other than waste oil, and other than a material that [i] has the hazardous waste characteristics set forth in 310 CMR 30.120 through 30.125, [ii] has waste oil as a significant ingredient, and [iii] does not have as an ingredient any hazardous waste, other than waste oil, listed or otherwise identified in 310 CMR 30.130 through 30.136,

1. that is recycled by being burned for energy recovery in an industrial or utility boiler or in an industrial furnace, but not in a hazardous waste incinerator licensed pursuant to 310 CMR 7.08 and 30.800:Licensing Requirements and Procedures, and

2. that is:

a. presumed to be hazardous waste fuel pursuant to 310 CMR 30.215: Distinguishing Waste Oil That Is Used Oil Fuel from Waste Oil That Is Not Used Oil Fuel,

b. a mixture of

(i) any hazardous waste, other than waste oil, or of any material presumed to be hazardous waste fuel pursuant to 310 CMR 30.215: Distinguishing Waste Oil That Is Used Oil Fuel from Waste Oil That Is Not Used Oil Fuel, with

(ii) any other material (including, without limitation, waste oil, any other hazardous waste, any material presumed to be hazardous waste fuel pursuant to 310 CMR 30.215: Waste Oil That Is Used Oil Fuel from Waste Oil That Is Not Used Oil Fuel, specification used oil fuel, off-specification used oil fuel, unused commercial fuel oil, unused commercial crude oil, or any hazardous or non-hazardous material burnable as fuel), and

3. that is managed in compliance with 310 CMR 30.200: Provisions for Recyclable Material and for Waste Oil.

- NATURAL GAS means

1. a naturally occurring mixture of hydrocarbon and nonhydrocarbon gas found in geologic formations beneath the earth's surface, of which the principal constituent is methane; or

2. liquefied petroleum gas, as defined by the American Society of Testing and Materials in ASTM D1835-97, "Standard Specification for Liquefied Petroleum Gases"

- RESIDUAL FUEL OIL means No. 4, No. 5, or No. 6 fuel oil. Residual fuel oil having a sulfur content of 0.55 or 0.28 pounds per million Btu heat release potential is approximately equal to residual fuel oil having a sulfur content of 1.0 or 0.5% by weight respectively.

- USED OIL FUEL means a regulated recyclable material

1. that is recycled by burning for energy recovery, and

2. that is:

a. a waste oil, or

b. any fuel, other than hazardous waste fuel, produced from waste oil by processing, blending, or other treatment, and

3. that is managed in compliance with 310 CMR 30.200 30.200: Provisions for Recyclable Material and for Waste Oil.

- WOOD FUEL means all wood intended to be used as a fuel including, but not limited to, trees, cord wood, logs, lumber, saw dust, and wood from: manufacturing processes (but offs, shavings, turnings, sander dust, etc.), wood pellets, slabs, bark, chips, waste pallets, boxes, etc. - WOOD FUEL does not include materials which are chemically treated with any preservative, paint, or oil.

FUEL ADDITIVE means any substance which is not a natural component of the fuel to which it may be added or in conjunction with which it may be used.

FUEL CELL means an electrochemical device that converts the chemical energy in a fuel into electricity and heat.

FUEL UTILIZATION FACILITY means any furnace(s), fuel burning equipment, boiler(s), space heaters or any appurtenance thereto used for the burning of fuels, for the emission of products of combustion, or in connection with any process which generates heat and emits products of combustion, but does not mean a motor vehicle or an incinerator.

FUGITIVE EMISSIONS means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

FUME means any aerosol resulting from chemical reaction, distillation, or sublimation.

FURNACE means any enclosed structure designed to produce heat from the burning of a fuel therein, but does not mean open hearths, incinerators, stoves for cooking, fireplaces, or equipment for the melting, reclaiming, or refining of metals or maple syrup.

GAS means the state of matter having neither independent shape nor independent volume but having a tendency to expand and diffuse infinitely.

GASOLINE for the purpose of 310 CMR 7.24, means any petroleum distillate having an RVP of more than four pounds per square inch as defined by ASTM Method D323. Mixtures of 10% or greater simple alcohols are excluded from this definition.

GASOLINE MARKETING FACILITY for the purpose of 310 CMR 7.24, means a stationary tank having a capacity of greater than 250 gallons in which gasoline is stored or from which it is dispensed be it through retail or wholesale transfer.

GENERATOR means any person, by site, whose act or process produces hazardous waste, or whose act first causes a hazardous waste to become subject to regulation pursuant to 310 CMR 30.000: Hazardous Waste

GLASS means a hard amorphous inorganic substance made by fusing silicates, and sometimes borates and phosphates, with certain basic oxides.

GLASS MELTING FURNACE means equipment using heat for the production of glass. A unit comprising a refractory vessel in which raw materials are charged, melted at high temperature, refined, and conditioned to produce molten glass.

GLOSS REDUCER means a coating that is applied to a plastic part solely to reduce the shine of the part. A gloss reducer shall not be applied at a thickness of more than 0.5 mils of coating solids.

GREENHOUSE GASES (GHGs) means the air contaminant that is the aggregate group of six greenhouse gases: Carbon dioxide (CO₂), Methane (CH₄), Nitrous oxide (N₂O), Hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs), and Sulfur hexafluoride (SF₆). To represent an amount of GHGs emitted, the term Carbon Dioxide Equivalent (CO₂e) shall be used.

HALOGENATED ORGANIC COMPOUND is any compound of carbon (excluding metallic carbides or carbonates and ammonium carbonate) combined with a halogen. For purposes of 310 CMR 7.12 and 7.18, halogenated organic compounds (HOC) are the following specific chemicals: methylene chloride, perchloroethylene (tetrachloroethylene), CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoro- ethane), and CFC-115 (chloropentafluoroethane).

HAND-FIRED FURNACE means any furnace in which fuel is manually placed directly on the hot fuel bed but does not mean stoves or fireplaces or other equipment used for the cooking of food.

HARDBOARD is a panel manufactured primarily from inter-felted ligno-cellulosic fibers that are consolidated under heat and pressure in a hot press.

HARDENER means an additive designed to promote a faster cure of coatings which cure by chemical cross-linking of the resin components.

HARDWOOD PLYWOOD is plywood whose surface layer is a veneer of hardwood.

HAZARDOUS AIR POLLUTANT (HAP) means an air contaminant designated by EPA under 42 U.S.C. 7412, as modified by EPA in 40 CFR Part 63, Subpart C (40 CFR 63.60 through 63.69). That list is incorporated by reference herein, together with all amendments and supplements thereto. A copy of the list is available from the Department.

HAZARDOUS WASTE means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed, however, not to include solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act of 1967 as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954. Hazardous waste shall include any waste which is listed, identified, or otherwise determined to be hazardous waste pursuant to 310 CMR 30.100.

HEAT RELEASE RATE means the steam generating unit design heat input capacity (in Btu per hour) divided by the furnace volume (in cubic feet); the furnace volume is that volume bounded by the front furnace wall where the burner is located the furnace side waterwall, and extending to the level just below or in front of the first row of convection pass tubes.

HEAT-RESISTANT COATING means a coating intended to withstand a temperature of at least 204°C (400°F), during normal use.

HEATSET OFFSET LITHOGRAPHIC PRINTING means offset lithographic process that requires heat to set or dry the ink.

HEATSET PRINTING means a process that requires heat to set or dry the ink.

HIGH BAKE coating means a coating which is designed to cure only at temperatures of more than 90°C (194°F).

HIGH BUILD PRIMER/SURFACER means a coating applied with a wet film thickness of ten mils or more prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or promoting a uniform surface necessary for filling in surface imperfections.

HIGH GLOSS COATING means any coating which achieves at least 85% reflectance on a 60° meter when tested by ASTM D 523-14.

HIGH OCCUPANCY VEHICLE (HOV) means an automobile, van or bus with one or more passengers in addition to the driver, including taxi's with a single passenger.

HIGH OCCUPANCY VEHICLE LANE means a lane of travel designated for the sole use of high occupancy vehicles.

HIGH PRECISION PRODUCTS means products for which contamination must be minimized in accordance with a customer or other specification including but not limited to:

(a) Products for use in extreme environments;

(b) Products covered by rigorous military or commercial specifications that require extremely accurate and quality controlled manufacturing; and

(c) Products with quality standards that do not allow for potential excess contamination.

HIGH VOLUME LOW PRESSURE (HVLP) SPRAY APPLICATION means spray equipment used to apply a coating by means of a spray gun which operates between 0.1 and 10 Psig air pressure.

HIGH-PERFORMANCE ARCHITECTURAL COATING means a coating used to protect architectural subsections and which meets the requirements of the American Architectural Manufacturers Association's publication number AAMA 2604-17 (Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels) or 2605-17 (Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels).

HIGH-PRECISION OPTICS for purposes of 310 CMR 7.18(31), means the optical elements used in electro-optical devices that are designed to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes of light energy levels.

HIGH-TEMPERATURE COATING means a coating that is certified to withstand a temperature of 1000°F for 24 hours.

IMPACT-RESISTANT COATING means a coating designed to resist chipping caused by road debris.

IN GAS SERVICE for the purpose of 310 CMR 7.18(19), means any component which contacts process fluid that is in the gaseous state under operating conditions.

IN LIGHT LIQUID SERVICE for the purpose of 310 CMR 7.18(19), means a component is in contact with a fluid containing greater than 10% by weight light liquid.

IN VOC SERVICE for the purpose of 310 CMR 7.18(19), means equipment handling 10% or greater VOC by weight is subject to 310 CMR 7.00.

INCINERATOR means any article, machine, equipment, contrivance, structure, or part of a structure, used primarily for the reduction of combustible waste(s) by burning.

- COMMERCIAL or INDUSTRIAL INCINERATORS means any incinerator operated by any commercial or industrial establishment primarily for the reduction of refuse generated by said establishment.

- DOMESTIC INCINERATOR means any incinerator used primarily for the reduction of domestic refuse generated on the premises.

- FLUE-FED INCINERATOR means any incinerator provided with a single flue which serves as both the charging chute and the duct for conduction of the products of combustion to the ambient air space.

- HAZARDOUS WASTE INCINERATOR means any incinerator used for the reduction of hazardous waste except infectious waste as regulated by the Department of Public Health pursuant to the provisions of 105 CMR 130.354.

- MODULAR INCINERATOR means any incinerator of a standard design and identifiable by the manufacturer's markings.

- MUNICIPAL INCINERATOR means any incinerator operated by any person primarily for the reduction of refuse generated by the public at large.

- SPECIAL INCINERATOR means any incinerator designed for a special purpose such as but not limited to burning of biological, pathological, or toxicological refuse or for a specific facility.

INDUSTRIAL CLEANING SOLVENT for purposes of 310 CMR 7.18(31), means liquid used to clean parts, products, tools, machinery, equipment, and general work areas, including cleanup solutions and degreasing agents. Industrial cleaning solvent does not include janitorial supplies used for cleaning offices, bathrooms or other similar areas. Industrial cleaning solvent does not include solvent used in cold cleaning degreasing, vapor degreasing, or conveyorized degreasing at a facility subject to 310 CMR 7.18(8).

INTERNAL FLOATING ROOF means a cover in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the cover's edge and the tank shell.

INTERIOR BASE COAT means any coating applied by roller coater or spray to the metal sheets for three piece cans to provide a protective lining between the can metal and the product.

INTERIOR BODY SPRAY means any coating sprayed on the interior of the can body to provide a protective film between the product and the can.

ISOLATE means, for the purposes of 310 CMR 7.24(6), to take out of service one or more components of a Stage II system so that the remainder of the Stage II system operates as required by the terms and conditions of the system's currently applicable Executive Order.

KNIFE COATING means the application of any coating to a substrate by means of drawing the substrate beneath a thin blade that spreads the coating evenly over the full width of the substrate.

LARGE APPLIANCE SURFACE COATING means the coating of doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water-heaters, dishwasher, trash compactors, air conditioners, and other associated products.

LEAK for the purpose of 310 CMR 7.18(19) and 7.24(8), means the emission of a volatile organic compound concentration greater than or equal to 10,000 parts per million by volume (ppmv) as shown by monitoring or dripping of process fluid.

LEAKING COMPONENT for the purpose of 310 CMR 7.18(19) and 7.24(8), means any component which has a leak.

LEAN BURN ENGINE means a stationary reciprocating internal combustion engine in which the amount of O₂ in the engine exhaust gases is 1.0% or more.

LEASE CUSTODY TRANSFER means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other form of transportation.

LEATHER SURFACE COATING means the coating of a leather substrate to impart properties that are not initially present, such as strength, stability, water or chemical repellency, or appearance.

LETTERPRESS PRINTING means a method where the image area is raised relative to the non-image area and the ink is transferred to the substrate directly from the image surface.

LIGHT-DUTY TRUCK means any motor vehicle rated at 8500 pounds gross vehicle weight or less which is designed primarily for the transportation of property.

LIGHT LIQUID for the purpose of 310 CMR 7.18(19), means a fluid with a vapor pressure greater than 0.3 kiloPascals (0.044 psi) at 20E C.

LIGHTERING OR LIGHTERING OPERATION means the offshore transfer of a bulk liquid cargo from one marine tank vessel to another vessel.

LIQUID-MOUNTED SEAL means a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.

LITHOGRAPHIC PRINTING means a printing process in which the image and non-image areas of the plate are on the same geometric plane. The image area is oil-receptive (hydrophobic) and the non-image area is water receptive (hydrophilic).

LOADING EVENT means an occurrence beginning with the connecting of marine terminal storage tanks to a marine tank vessel by means of pipes or hoses followed by the transferring of organic liquid cargo from the storage tank into the tank vessel and ending with the disconnecting of the pipes or hoses; or any other means of admitting any other organic liquid into marine vessel cargo tanks.

LOWEST ACHIEVABLE EMISSION RATE (LAER) means, for any source, the more stringent rate of emissions based on the following:

(a) The most stringent emissions limitation which is contained in any state SIP for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

(b) The most stringent emissions limitation which is achieved in practice by such class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source.

In no event shall LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable pursuant to applicable New Source Performance Standards of 40 CFR Part 60.

MAGNET WIRE INSULATION SURFACE COATING means the application of electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

MAKEUP SOLVENT means any solvent(s) which is(are) added to printing inks to reduce viscosity or otherwise modify properties.

MALFUNCTION means any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

MANUFACTURERS ADVISORY CORRESPONDENCE means a document issued by the California Air Resources Board, which is a policy interpretation for further clarification of the California Code of Regulations applicable to motor vehicles.

MARINE TANK VESSEL means any marine vessel which is capable of carrying liquid bulk cargo in tanks.

MARINE TERMINAL means any facility or structure constructed to load or unload organic liquid bulk cargo into or out of marine tank vessels.

MARINE VESSEL means any tugboat, tanker, freighter, barge, passenger ship, or any other boat, ship, or watercraft except those used primarily for recreation.

MASK COATING means thin film coating applied through a template to coat a small portion of a substrate.

MASSACHUSETTS EMISSION INSPECTION TESTING MANUAL means a booklet which sets forth in detail the required exhaust emissions testing procedures to be used by all Certified Emissions Inspectors when performing the combined safety and emission inspection for motor vehicles which will result in the issuance of a certificate of inspection or a certificate of rejection.

MATERIAL RECOVERY SECTION means a vacuum devolatilizer system, styrene recovery system, or other system of equipment which separates styrene monomer and/or reaction by-products from polystyrene, or separates styrene monomer from reaction by-products.

MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY means the standard established by the Administrator pursuant to the Clean Air Act, §§ 112 and 129 (42 U.S.C. 7412 and 42 U.S.C. 7429), that represents the maximum degree of reduction in emissions of hazardous air pollutants determined, after examination of economics, health, and environmental impacts, to be achievable for new or existing sources in the category or sub-category to which the emission standard applies. MACT Standards may be determined by the Department pursuant to 40 CFR 63 Subpart B.

MAXIMUM DESIGN CAPACITY means the rated design capacity, operating rate or production rate of an emission unit as determined by the manufacturer of that unit or other method approved by the Department.

MEDICAL DEVICE for purposes of 310 CMR 7.18(31), means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar article, including any component or accessory that is:

(a) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of diseases;

(b) intended to affect the structure or any function of the body; or

(c) defined in the National Formulary or the United States Pharmacopoeia or any supplement to it.

METAL CAN SURFACE COATING means the coating of two or three piece metal cans.

METAL COIL SURFACE COATING means the coating of any flat metal sheet or strip that comes in rolls or coils.

METAL FURNITURE SURFACE COATING means the coating of any metal parts which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

METALLIC COATING means a coating that contains more than five grams total of pure elemental metal or a combination of elemental metals per liter of coating as applied.

MILITARY SPECIFICATION COATING means a coating that has a formulation approved by a United States military agency for use on military equipment.

MINOR MODIFICATION means, for the purposes of 310 CMR 7.24(6), the re-installation repair or replacement of one or more Stage II System components that is not substantial including, but not limited to: less than 50% of the motor vehicle fuel dispensers (e.g., one of four dispensers); a central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle system; ball float extractor valve housings; dispenser mounted vapor pumps; or "screw-on" spill or dry break buckets. If the re-installation, repair or replacement of Stage II System components occurs at a motor vehicle fuel dispensing facility with two or less dispensers, the re-installation, repair or replacement of only one of the motor vehicle fuel dispensers shall be a Minor Modification.

MISCELLANEOUS METAL PARTS AND PRODUCTS means farm machinery (harvesting, fertilizing, and plant machines, tractors, combines, lawn mowers, rototillers, etc.); small appliances; commercial and office equipment (computers and auxiliary equipment, typewriters, calculators, vending machines, etc.); fabricated metal products (metal doors, frames, etc.); industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.); and any other metal parts or products which are coated under Standard Industrial Classification Codes of Major Groups 33, 34, 35, 36, 37, 38, and 39. The use of autobody anti-chip coatings and underbody plastisols in automobile and light-duty truck surface coating is considered coating of miscellaneous parts and products. This definition does not include metal cans, flat metal sheets, and strips in the form of rolls or coils; magnet wire for use in electrical machinery; metal furniture; large appliances; automobile and light duty trucks, automobile refinishing; exterior coating of assembled entire aircraft or assembled entire metal marine vessels; or customized topcoating of automobiles and trucks, if production is less than 35 vehicles per day.

MIST means any liquid aerosol formed by the condensation of vapor or by the atomization of liquids.

MOBILE EQUIPMENT means, for the purposes of 310 CMR 7.18(28), any equipment that is physically capable of being driven or drawn upon a highway including, but not limited to, construction vehicles (such as mobile cranes, bulldozers and concrete mixers); farming equipment (such as tractors and plows); hauling equipment (such as truck trailers, utility bodies and camper shells) and miscellaneous equipment (such as street sweepers and golf carts).

MOLD-SEAL COATING means the initial coating applied to a new mold or a repaired mold to provide a smooth surface which, when coated with a mold release coating, prevents products from sticking to the mold.

MONITOR for the purpose of 310 CMR 7.18(19), means to measure volatile organic compound concentration by the appropriate EPA reference method.

MONTHLY THROUGHPUT means the total volume of motor vehicle fuel that is loaded into, or dispensed from, all motor vehicle fuel storage tanks at a motor vehicle fuel dispensing facility during a month. Monthly throughput is calculated by summing the volume of motor vehicle fuel loaded into, or dispensed from, all motor vehicle fuel storage tanks at a motor vehicle fuel dispensing facility during the current day, plus the total volume of motor vehicle fuel loaded into, or dispensed from, all motor vehicle fuel storage tanks at a motor vehicle fuel dispensing facility during the previous 364 days, and then dividing that sum by 12.

MOTOR VEHICLE means any equipment or mechanical device propelled primarily on land by power other than muscular power but does not mean railroad and railway engines and cars, vehicles operated by the system known as trolley motor or trackless trolley, or devices used for domestic purposes.

MOTOR VEHICLE BEDLINER means a multi-component coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to a cargo bed after the application of topcoat to provide additional durability and chip resistance.

MOTOR VEHICLE CAVITY WAX means a coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied into the cavities of the vehicle primarily for the purpose of enhancing corrosion protection.

MOTOR VEHICLE DEADENER means a coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to selected vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment.

MOTOR VEHICLE FUEL means any petroleum distillate having a Reid Vapor Pressure of more than four pounds per square inch as determined by ASTM Method D323 and which is used primarily to power motor vehicles. This definition includes, but is not limited to, gasoline and mixtures of simple alcohols and gasoline.

MOTOR VEHICLE FUEL DISPENSING FACILITY means any facility where motor vehicle fuel is dispensed into motor vehicle fuel storage tanks, motor vehicle fuel-powered equipment, or portable containers from a storage tank with a capacity of 250 gallons or more.

MOTOR VEHICLE GASKET/SEALING MATERIAL means a fluid, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light-duty truck gasket/gasket sealing material includes room temperature vulcanization (RTV) seal material.

MOTOR VEHICLE LUBRICATING WAX/COMPOUND means a protective lubricating material, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to vehicle hubs and hinges.

MOTOR VEHICLE PARKING SPACE means any space which is used for the purpose of parking motor vehicles (whether or not demarcated as such), and whether or not a fee has been charged for its use; except those parking spaces used by residents, on street parking spaces, parking spaces designated by the City of Boston as parking for residents only shall not be considered as motor vehicle parking spaces. Nor shall parking spaces used for the purpose of the temporary storage of motor vehicles for sale, or parking spaces owned or operated by the Massachusetts Bay Transit Authority and used solely by transit users be considered motor vehicle parking spaces.

MOTOR VEHICLE POLLUTION CONTROL SYSTEM means the combination of emission-related parts which controls air pollutant emissions from a motor vehicle or motor vehicle engine.

MOTOR VEHICLE SEALER means a high viscosity material, used at a facility that is not an automobile or light-duty truck assembly coating facility, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (e.g., primer-surfacer). The primary purpose of automobile and light-duty truck sealer is to fill body joints completely so that there is no intrusion of water, gases or corrosive materials into the passenger area of the body compartment. Such materials are also referred to as sealant, sealant primer, or caulk.

MOTOR VEHICLE TRUNK INTERIOR COATING means a coating, as used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to the trunk interior to provide chip protection.

MOTOR VEHICLE UNDERBODY COATING means a coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to the undercarriage or firewall to prevent corrosion and/or provide chip protection.

MULTI-COLORED COATING means a coating which exhibits more than one color when applied, and is packaged in a single container and applied in a single coat.

MULTI-COMPONENT COATING means a coating requiring the addition, before application, of a separate reactive resin, commonly known as a catalyst or hardener, in order to form an acceptable dry film.

MW means megawatt or a unit of electrical power equal to one million watts.

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) OR FEDERAL AMBIENT AIR QUALITY STANDARDS means the ambient air quality standards for criteria pollutants adopted by the Administrator pursuant to the Clean Air Act § 109 (42 U.S.C. § 7410) and codified at 40 CFR Part 50 as in effect on November 17, 2016.

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) means those standards adopted by the EPA and contained in the CFR Title 40, Part 61 as of June 20, 2014.

NATURAL DRAFT OPENING means any permanent opening in an enclosure that remains open during operation of the emission unit and is not connected to a duct in which a fan is installed.

NATURAL FINISH HARDWOOD PLYWOOD PANELS means panels whose original grain pattern is enhanced by essentially transparent finishes which are frequently supplemented by fillers and toners.

NEARBY ENVIRONMENTAL JUSTICE POPULATION. For the purpose of 310 CMR 7.02(14), an environmental justice population located within one mile of a facility or emission unit that requires a comprehensive plan approval and is not a major source as defined in 310 CMR 7.00: Appendix C; or within five miles of a facility or emissions unit that requires comprehensive plan approval and is a major source as defined in 310 CMR 7.00: Appendix C.

NEIGHBORHOOD. For the purpose of 310 CMR 7.02(14), a census block group as defined by the United States Census Bureau, excluding people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons.

NEW SOURCE PERFORMANCE STANDARDS (NSPS) means Standards of Performance for New Stationary Sources adopted by the U.S. Environmental Protection Agency and contained in 40 CFR 60, and subsequent revisions as specified in the Regulations. Any emission testing to be compared with NSPS must be conducted in accordance with applicable procedures as specified in 40 CFR 60, or by another method which has been demonstrated to the satisfaction of the Department as being equivalent.

NEWSPAPER PRINTING is a non-heatset web offset lithographic process.

NO-BUILD ALTERNATIVE means the project roadway, the appurtenant highway network and roadway operational characteristics that would exist if the project were not built and assuming the level of development and services (e.g., transit) which physically exist at the time of analysis or for which construction has commenced and completion and full utilization is expected prior to the projected completion date of the project under review.

NOISE means sound of sufficient intensity and/or duration as to cause or contribute to a condition of air pollution.

NONATTAINMENT AREA means an area designated by the EPA as not meeting the National Ambient Air Quality Standard for a criteria pollutant pursuant to the Clean Air Act, § 107 (42 U.S.C. 7407) and 40 CFR Part 81 . The current Massachusetts attainment status is published at 40 CFR 81.322, Subpart C - Section 107: Attainment Status Designations.

NONATTAINMENT REVIEW is plan review for major sources and major modifications as defined and described in 310 CMR 7.00: Appendix A.

NON-CRITERIA POLLUTANT is any air contaminant that is not listed as a criteria pollutant.

NON-HEATSET OFFSET LITHOGRAPHIC PRINTING means an offset lithographic process that does not require heat to set or dry the ink. UV-cured and electron beam-cured inks are considered non-heatset.

NORTHEAST STATES means Maine, New Hampshire, Vermont, Massachusetts, New York, Connecticut, Rhode Island, and New Jersey.

ODOR means that property of gaseous, liquid, or solid materials that elicits a physiologic response by the human sense of smell.

OFF-PEAK PARKING SPACES means motor vehicle parking spaces not available for parkers between the hours of 7:30 A.M. and 9:30 A.M. on weekdays.

OFFSET LITHOGRAPHIC PRINTING means a printing process that transfers the printing image to an intermediary surface, which, in turn, transfers the image to the printing substrate.

OFF-STREET PARKING SPACES means parking spaces on private or public property adjacent to and/or with access to but not on a public or private roadway.

ONE-COMPONENT COATING means a coating that is ready for application as it comes out of its container to form an acceptable dry film. A thinner, necessary to reduce the viscosity, is not considered a component.

OPACITY means that characteristic of matter which renders it capable of interfering with the transmission of rays of light and causes a degree of obscuration of an observer's view.

OPAQUE STAIN means all stains that contain pigments, but are not classified as semitransparent stains, and includes stains, glazes and other opaque material applied to wood surfaces.

OPEN BURNING means burning under such conditions that the products of combustion are emitted directly to the ambient air space and are not conducted thereto through a stack, chimney, duct, or pipe. Open burning includes above or underground smoldering fires.

OPTICAL COATING means a coating applied to an optical lens.

ORGANIC LIQUID for the purpose of 310 CMR 7.24(8), means any liquid organic material having a vapor pressure of equal to or greater than 1.5 pounds per square inch absolute under actual storage conditions.

ORGANIC MATERIAL means any chemical compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic carbides and ammonium carbonates.

OVERVARNISH means a coating applied directly over ink to reduce the coefficient of friction, to provide gloss and/or to protect the finish against abrasion and corrosion.

OWNER/OPERATOR means any person, any department or instrumentality of the federal government, or any public or private group which:

(a) has legal title, alone or with others, of a facility; or

(b) has the care, charge, or control of a facility.

OXIDES OF NITROGEN(NO_x) means all oxides of nitrogen including, but not limited to, nitrogen oxide and nitrogen dioxide.

OXYGENATE means any substance which, when added to gasoline, increases the amount of oxygen in that gasoline blend. Lawful use of any such substance or combination of substances must occur in compliance with Section 211 (f)(1) and 211 (m) of the Clean Air Act, or be permitted under a waiver granted by the US Environmental Protection Agency Administrator under the authority of section 211 (f)(4) of the Clean Air Act.

OXYGENATED GASOLINE means gasoline with an oxygen content of at least 2.7% but no more than 2.9% of oxygen by weight.

OXYGENATED GASOLINE CONTROL AREA means any community located with in the Metropolitan Boston Air Pollution Control District, the Merrimac Valley Air Pollution Control District, and the following specific communities: Bellingham, Berlin, Carver, Foxborough, Franklin, Halifax, Harvard, Hopedale, Kingston, Lakeville, Lancaster, Mansfield, Medway, Mendon, Middleborough, Milford, Norton, Plymouth, Plympton, Raynham, Shirley, Townsend, Upton, and Wrentham.

OXYGENATED GASOLINE CONTROL PERIOD means the period beginning November 1^st of a calendar year and continuing through the last day of February of the subsequent calendar year.

OZONE SEASON means the period beginning May 1^st of a calendar year and ending on September 30^th of the same year.

PACKAGING ROTOGRAVURE PRINTING or PACKAGING FLEXOGRAPHIC PRINTING means rotogravure or flexographic printing upon paper, paper board, metal foil, plastic films, and other substrates which are, in subsequent operations, formed into packaging products and labels for articles to be sold.

PAINT SPRAY BOOTH means a structure housing automatic or manual spray application equipment where coating is applied.

PAN-BACKING COATING means a coating applied to the surface of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements.

PAPER, FILM AND FOIL SURFACE COATING means the application of a continuous layer of coating across the width or any portion of the width of a paper, film or foil substrate to:

(a) create a functional or protective layer;

(b) saturate a substrate for lamination; or

(c) provide adhesion between two substrates for lamination,

for a variety of decorative and functional products including, but not limited to, adhesive tapes, adhesive labels, metal foil, decorated, coated and glazed paper, book covers, office copier paper (zinc oxide coated), carbon paper, typewriter ribbons, and photographic films. Coating performed on or in-line with any offset lithographic, screen, letterpress, flexographic, retrogravure, or digital printing press is part of a printing process and is not part of the paper, film, and foil surface category.

PARK AND FLY PARKING SPACES means privately owned and operated off-street parking spaces located in the East Boston Parking Freeze Area provided for use by Logan Airport air travellers and visitors.

PARKING FREEZE means a limitation on the number of parking spaces available for specific uses within a specific geographic area.

PARKING SPACE means that area of public or private property that is designated or used for the parking or storage of one motor vehicle, excluding areas used for the loading and the unloading of goods.

PARTICULATE means any material that exists in a finely divided form as a liquid or solid at ambient air temperatures, humidity and pressures.

PARTICULATE MATTER (PM) means any airborne finely divided solid or liquid material, other than uncombined water.

PARTICULATE MATTER EMISSIONS means all finely divided solid or liquid material, other than uncombined water, emitted into the ambient air, as measured by applicable reference methods, or equivalent or alternative specified methods, specified by EPA in the CFR, or by test methods specified by DEP and approved by EPA.

PEAK HOUR means a one hour period where the highest volume of traffic is utilizing any given roadway segment.

PENETRATING PRIME COAT means an application of low viscosity liquid asphalt to an absorbent surface used to prepare an untreated base for an asphalt surface.

PERSON means any individual, public or private partnership, association, firm, syndicate, company, trust, corporation, department or instrumentality of the federal or state government, political subdivision of the commonwealth, authority, bureau, agency, law enforcement agency, fire fighting agency, or any other entity recognized by law as the subject of rights and duties.

PETROLEUM HEATSET INK means an ink that is not a water-based, UV-cured, or electron beam-cured ink.

PETROLEUM LIQUIDS means crude oil, condensate and any finished or intermediate products manufactured or extracted in a petroleum refinery (through the petroleum refining process).

PIGMENTED COAT means opaque coatings that contain binders and colored pigments and are formulated to conceal the wood surface either as an undercoat or topcoat.

PLAN APPROVAL means the written approval by the Department of a comprehensive plan application or a limited plan application issued under 310 CMR 7.02(1).

PLASTIC PARTS are parts made from a substance that has been formed from a resin through the application of heat, pressure or both. They include, but are not limited to, plastic components for the following areas: automotive interior parts; automotive exterior parts, both flexible and rigid; business and office machine parts; medical equipment housings; entertainment equipment housings; toys; musical equipment housings; sporting goods; outdoor signs; architectural structures such as doors, floors and window frames; transportation equipment; and other miscellaneous plastic parts.

PLASTIC PARTS SURFACE COATING means the coating of a plastic part to impart properties that are not initially present, such as strength, stability, water or chemical repellency, resistance to EMI/RFI or appearance.

PLEASURE CRAFT means a vessel which is manufactured or operated primarily for recreational purposes, or leased, rented, or chartered to a person or business for recreational purposes. The owner or operator of such vessels shall be responsible for certifying that the intended use is for recreational purposes.

PLEASURE CRAFT SURFACE COATING means any marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft.

PM10 OR PARTICULATE MATTER 10 means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by a federal reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by a federal equivalent method designated in accordance with 40 CFR Part 53.

PM10 EMISSIONS means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten micrometers, or condensible substance, other than uncombined water, emitted to the ambient air, as measured by an applicable reference method, or equivalent or alternative method specified by DEP and approved by EPA.

PM_2.5 OR PARTICULATE MATTER 2.5 means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a federal reference method based on Appendix L of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by a federal equivalent method designated in accordance with 40 CFR Part 53.

PM_2.5 EMISSIONS means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, or condensable substance, other than uncombined water, emitted to the ambient air, as measured by applicable reference methods, or equivalent or alternative methods, specified by EPA in the CFR or by test methods specified by DEP and approved by EPA.

POLLUTION PREVENTION means, for the purpose of 310 CMR 7.02(8)(a)2.b., using one or more materials (e.g., coatings, inks, solvents, etc.) formulations, processes, work practices, design features, equipment specifications or any combination thereof, which reduce air emissions to the extent feasible.

POTENTIAL EMISSIONS OR POTENTIAL TO EMIT means the maximum capacity of a facility or a stationary source to emit any air contaminant or pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the facility or stationary source to emit any air contaminant or pollutant, including air pollution control equipment and/or restrictions on hours of operation, or on the type or amount of material combusted, stored or processed, shall be treated as part of the design only if the limitation is specifically stated in the facility's or stationary source's plan approvals, emission control plans, operating permit, certifications, restricted emission status, notifications and applicable regulations, or in the case of de minimis sources, in records of actual emissions established and maintained at the facility or stationary source pursuant to 310 CMR 7.02(2)(b). Fugitive emissions, to the extent quantifiable, are included in determining the potential emissions or the potential to emit of a facility or stationary source; secondary emissions are not included.

PREFABRICATED ARCHITECTURAL COMPONENT COATINGS means coatings applied to metal parts and products that are to be used as an architectural structure.

PRESSURE RELIEF VALVE for the purpose of 310 CMR 7.18(19), means a safety relief device used in applications where the process pressure may exceed the maximum allowable working pressure of the vessel.

PRESSURE SENSITIVE TAPE means a flexible backing material with a pressure-sensitive adhesive coating on one or both sides of the backing. Examples include, but are not limited to, duct/duct insulation tape and medical tape.

PRETREATMENT COATING means a coating which contains no more than 1/2% solids, by weight, and at least 1/2% acid, by weight; is used to provide surface etching; and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and ease of stripping.

PRETREATMENT WASH PRIMER means the first coat applied to bare metal if solvent-based primers will be applied. This coating contains a minimum of 0.5% acid by weight, is necessary to provide surface etching, and is applied directly to bare metal surfaces to provide corrosion resistance.

PRETREATMENT WASH PRIMER for purposes of 310 CMR 7.18(11) and (21), means a coating which contains no more than 12% solids, by weight, and at least 1/2% acids, by weight; is used to provide surface etching; and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.

PRIME COAT or PRIMER means a coating formulated to provide a firm bond between substrate and subsequent coats.

PRIMER SEALER means a coating that improves the adhesion of the topcoat, provides corrosion resistance, promotes color uniformity, and resists penetration by the topcoat.

PRIMER SURFACER means a coating that fills in surface imperfections and builds a film thickness in order to allow sanding.

PRINCIPAL ORGANIC HAZARDOUS CONSTITUENT (POHC) means a specific hazardous waste constituent(s) which is listed in 310 CMR 30.160: Hazardous Constituents or otherwise specified by the Department, which is in a hazardous waste incinerator waste feed, and for which the Department determines that a performance standard shall apply. In determining whether a hazardous waste constituent shall be a POHC, the Department shall consider the degree of difficulty to incinerate (e.g., heat of combustion, auto ignition temperature, etc.), concentration or mass in the waste feed, toxicity, and other factors as determined by the Department.

PRINTING PRESS means a printing production assembly, with the ability to print one or multiple colors, designed to produce a printed product.

PRINTING INK means any fluid or viscous mixture used in printing, impressing, or transferring an image onto a substrate.

PRINT PASTE means a viscous mixture containing a pigment or dye which is applied to a textile substrate as a decorative pattern or design.

PRINTED INTERIOR PANEL means a panel whose grain or natural surface is obscured by fillers and base coats upon which a simulated grain or decorative pattern is printed.

PROCESS WEIGHT PER HOUR means the total weight of all materials introduced into any specific process that may cause any emissions of particulate matter. Solid fuels charged are considered as part of the process weight, but liquid and gaseous fuels and combustion air are not. For a cyclical or batch operation, the process weight per hour is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour is derived by dividing the process weight for a typical period of time.

PRODUCTS OF INCOMPLETE COMBUSTION (PICs) means organic compounds in a hazardous waste incinerator flue gas other than principal organic hazardous constituents (POHCs).

PROJECT AREA means the geographical area defined by Executive Office of Environmental Affairs as the study area in its decision setting forth the scope of a project pursuant to 301 CMR 11.06: ENF Review and Decision.

PROJECT ROADWAY means the roadway which is enclosed (or proposed to be enclosed) within a tunnel or similar structure which is identified by the Executive Office of Environmental Affairs as falling within the project area in its determination issued pursuant to 301 CMR 11.06: ENF Review and Decision.

PROPOSED PROJECT. For the purpose of 310 CMR 7.02(14), construction, substantial reconstruction, alteration, or subsequent operation of a facility or emission unit for which a cumulative impact analysis is required pursuant to 310 CMR 7.02(14).

PUBLIC FACILITY means a facility wholly owned or operated by the Commonwealth; or by a city, town or governmental entity which is protected from the imposition of additional costs being assessed against such city, town or entity by M.G.L. c. 29, § 27C as amended (Proposition 21/2).

PUBLICATION ROTOGRAVURE PRINTING or PUBLICATION FLEXOGRAPHIC PRINTING means rotogravure or flexographic printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials.

QUARTERLY for the purpose of 310 CMR 7.18(19), means four times per year at 90-day intervals.

QUENCH AREA means a chamber where the hot metal exiting an oven is cooled by either a spray of water or a blast of air followed by water cooling.

RADIATION means any ionizing or non-ionizing, electromagnetic or particulate radiation or any sonic, infrasonic, or ultrasonic wave.

RADIATION EFFECT COATING for purposes of 310 CMR 7.18(31), means a material that prevents radar detection.

RADIOACTIVE MATERIAL means any material or materials in combination (solid, liquid, or gaseous) which emit(s) ionizing radiation.

REASONABLY AVAILABLE CONTROL TECHNOLOGY means the lowest emission limitation that a particular facility is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

RECALL CAMPAIGN means that plan approved by the California Air Resources Board or the Department, by which the manufacturer will effect the recall of noncomplying vehicles.

RECOVERY DEVICE means an individual unit of equipment including, but not limited to, an absorber, carbon adsorber, or condenser, capable of and used for the purpose of removing vapors and recovering liquids or chemicals.

RECYCLABLE MATERIAL

(a) Recyclable material means any material that is used or reused or reclaimed.

(b) Used or reused material means any material that is either:

1. employed as an ingredient (including use as an intermediate) in an industrial process to make a product, except when distinct components of the material are recovered as separate end products; or

2. employed in a particular function or application as an effective substitute for a commercial product.

(c) Reclaimed material means any material that is processed to recover a useable product or that is regenerated.

RED COATING means a coating which meets all of the following criteria:

(a) Yellow limit: the hue of hostaperm scarlet.

(b) Blue limit: the hue of monastral red-violet.

(c) Lightness limit for metallics: 35% aluminum flake.

(d) Lightness limit for solids: 50% titanium dioxide white.

(e) Solid reds: hue angle of -11 to 38 degrees and maximum lightness of 23 to 45 units.

(f) Metallic reds: hue angle of -16 to 35 degrees and maximum lightness of 28 to 45 units.

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, the upper limit is 49 units. The maximum lightness varies as the hue moves from violet to orange. This is a natural consequence of the strength of the colorants, and real colors show this effect.

REDUCER means a solvent added to dilute a coating, usually for the purpose of lowering its viscosity.

REFRIGERATED CHILLER means a device which is mounted above the water jacket and the primary condenser coils, consisting of secondary coils which carry a refrigerant to provide a chilled air blanket above the solvent vapor to reduce emissions from the degreaser bath. The chilled air blanket temperature measured at the centroid of the degreaser at the coldest point shall be no greater than 30% of the solvents boiling point measured in °F.

REFUSE means any animal, vegetable, or mineral, solid, liquid, or gaseous waste. It includes, but is not limited to, rubbish, garbage, ashes, construction waste, industrial waste, commercial waste, demolition waste, agricultural waste, abandoned vehicles, and any unwanted or discarded material. It does not include hazardous waste.

REGENERATIVE CYCLE COMBUSTION TURBINE means any stationary combustion turbine which recovers heat from the combustion turbine exhaust gases to preheat the inlet combustion air to the combustion turbine.

REGISTRAR means the Registrar of the Registry of Motor Vehicles.

REGISTRY means the Registry of Motor Vehicles.

REGULATED POLLUTANT means any air contaminant regulated under the Federal Clean Air Act, 42 U.S.C. 7401et seq., excluding pollutants regulated under 42 U.S.C. 7401, § 112.

REGULATED RECYCLABLE MATERIAL means any recyclable material which either

(a) has a characteristic described in 310 CMR 30.120 through 30.125, or

(b) is listed or otherwise described in 310 CMR 30.131 through 30.136, or

(c) has been determined by the Department to be a hazardous waste pursuant to 310 CMR 30.144.

REID VAPOR PRESSURE is a standardized measure of the vapor pressure of a liquid in pounds per square inch absolute at 100E F as determined by ASTM Method D323.

REMOTE PARKING SPACES means any parking space (whether or not defined as a "motor vehicle parking space" for the purpose of 310 CMR 7.00) which serves end uses outside of a parking freeze area including, but not limited to, parking for airport use, for Downtown Boston parking, and for remote employee parking.

RENTAL MOTOR VEHICLE parking spaces means off-street parking spaces for rental/leased passenger motor vehicles at a facility owned, operated and/or leased by a motor vehicle rental company.

REPAIR for the purpose of 310 CMR 7.18(19), means to reduce the volatile organic compound concentration of a leaking component to below 10,000 ppmv as shown by monitoring.

REPAIR COATING means a coating used to recoat portions of a previously coated product which had sustained mechanical damage to the coating.

REPOWERING means the replacement of an emission unit with a new unit that is less polluting and more efficient than the unit which is being replaced.

RESIST COAT means a coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part.

RESPONSIBLE OFFICIAL means, in the case of:

(a) a sole proprietorship - the sole proprietor.

(b) a partnership - a general partner with the authority to bind the partnership.

(c) a corporation or a nonprofit corporation - a president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function who has been duly authorized to bind the corporation pursuant to a corporate vote, or an employee of the corporation who has been duly authorized to bind the corporation pursuant to a corporate vote.

(d) a municipality or other public agency - a principal executive officer or ranking elected official who is empowered to enter into contracts on behalf of the municipality or public agency.

(e) a trust - a trustee or any other natural person authorized:

1. to enter into contracts regarding the trust property;

2. to bind the trust; or

3. to encumber or dispose of the trust property.

(f) a limited liability company - a person authorized pursuant to M.G.L. c. 156C, § 24 and the limited liability company's operating agreement to bind the company and all the members.

RESTRICTED USE PARKING for the purpose of 310 CMR 7.30, means parking spaces which are provided by Massport for use by Logan Airport air travellers and visitors for free when commercial parking space demand exceeds the supply of on-Logan airport commercial parking spaces, and which are not otherwise available for use by Logan Airport air travellers and visitors; RESTRICTED USE PARKING for the purpose of 310 CMR 7.33, means parking spaces which are provided for free when motor vehicle parking space demand exceeds the supply of motor vehicle parking spaces in the South Boston Parking Freeze area.

RICH BURN ENGINE means any stationary reciprocating internal combustion engine that is not a lean burn engine.

ROLL COATING means the application of a coating to a substrate by means of hard rubber or steel rolls.

ROLL PRINTING means the application of decorative print, words, designs, or pictures to a substrate by means of hard rubber or steel rolls each with only partial coverage of the substrate.

ROLLER PRINTING means rotogravure printing on a textile substrate.

ROTARY SCREEN PRINTING means the application of a decorative print, words, designs, or pictures to a textile substrate by means of a cylindrical, metal screen.

ROTOGRAVURE PRINTING means the application of words, designs and pictures to a substrate by means of a roll printing technique which involves an intaglio or recessed image areas in the form of cells.

ROUTINE MAINTENANCE means, for the purposes of 310 CMR 7.24(6), the regular re-installation, repair or replacement of one or more Stage II System components including, but not limited to: hoses; nozzles; breakaways; swivels; hose retractors; bucket plow rings; "slip-on" spill or dry break buckets; "O" rings and seals; submersible pumps or suction pipes; fill adaptors; fill tubes; vapor adaptors; fill and vapor caps; drain valves; monitor caps; or riser caps.

SAFETY-INDICATING COATING means a coating that changes physical characteristics, such as color, to indicate unsafe conditions.

SEALER means a coating formulated and applied to prevent subsequent coatings from being absorbed into the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

SECONDARY EMISSIONS means emissions which would occur as a result of the construction or operation of a major stationary source/facility or major modification but do not come from the major stationary source/facility or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the facility which causes the secondary emissions. Secondary emissions may include, but are not limited to:

- emissions from motor vehicles, ships or trains going to or from the major stationary source/facility, and

- emissions from any offsite support facility which would not otherwise be constructed, or increase its emissions as a result of the construction or operation of the major stationary source/facility or major modification.

SECRETARY means the Secretary of Transportation and Construction.

SEMI-TRANSPARENT STAIN means a coating which is formulated to change the color of the substrate but not conceal the substrate.

SHEET-FED means a printing operation in which the substrate is fed to the printing press in individual sheets.

SHOCK-FREE COATING means a coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance, and having resistance to breaking down under high voltage.

SILICONE-RELEASE COATING means any coating which contains silicone resin and is intended to prevent food from sticking to metal surfaces such as baking pans.

SIMPLE CYCLE COMBUSTION TURBINE means any stationary combustion turbine which does not recover heat from the combustion turbine exhaust gases to heat water or generate steam.

SINGLE COAT means a single film of coating applied directly to the substrate omitting any primer application.

SINGLE-OCCUPANT COMMUTER VEHICLE means a motor-powered vehicle with four or more wheels with capacity for a driver plus one or more passengers which is used by a commuter traveling alone to and/or from work or classes and is not customarily required to be used in the course of his or her employment, or studies.

SINGLE-STAGE TOPCOAT means a topcoat consisting of only one coating.

SMALLER EMPLOYERS means any person or entity who employs between 50 and 250 employee commuters who are located within an industrial or office park and are within walking distance of each other.

SMOKE means the visible aerosol, which may contain fly ash, resulting from combustion of materials but does not mean condensed water vapor.

SOAP means cleansing agents made of the alkali metal salts of fatty acids having from ten to 18 carbon atoms.

SOLAR-ABSORBENT COATING means a coating which has as its prime purpose the absorption of solar radiation.

SOLID-FILM LUBRICANT means a very thin coating consisting of a binder system containing as its chief pigment material one or more of molybdenum disulfide, graphite, polytetrafluoroethylene (PTFE), or other solids that act as a dry lubricant between faying surfaces.

SOLIDS as used in 310 CMR 7.18, means the volume (in gallons) of solid material in a coating, ink, or other organic material as determined by EPA Test Method 24: 40 CFR 60: Appendix A (volume of coating minus volume of carrier such as photochemically reactive and or non-photochemically reactive solvents and water) or as provided by the coating manufacturer.

SOLVENT means a substance that is used to dissolve or dilute another substance; this term includes, but is not limited to, dissolvers, viscosity reducers, degreasing agents or cleaning agents.

SOLVENT METAL DEGREASING means the process of cleaning metal surfaces by using a volatile organic compound:

- Cold Cleaning Degreasing means the batch process of solvent metal cleaning by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

- Conveyorized Degreasing means the continuous process of solvent metal cleaning by operating with either cold or vaporized solvents.

- Vapor Degreasing means the process of solvent metal cleaning by condensing hot solvent vapor on the colder metal parts.

SOUND means the phenomenon of alternative increases and decreases in the pressure of the atmosphere, caused by radiations having a frequency range of from 20 to 20,000 cycles per second, that elicits a physiologic response by the human sense of hearing.

SPACE HEATER means a heating device that is used for the direct heating of the area in and adjacent to the area in which the device is located.

- Used Oil Fuel Fired Space Heater means a space heater that is capable of burning used oil fuel.

SPECIAL AND EXTREME SOLVENT METAL CLEANING means the use of degreasers:

(a) To clean metal parts used in the manufacturing and rework of electronic parts, assemblies, boxes, wiring harnesses, sensors and connectors used in aerospace service;

(b) To clean metal parts used in the manufacturing of ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds, or oxygen in concentrations greater than 23%; or

(c) To clean metal parts exposed to ozone, nitrous oxide, fluorine, chlorine, bromine, halogenated compounds, or oxygen in concentrations greater than 23%.

SPECIALTY COATING means a product which is necessary due to unusual job performance requirements. These coatings or additives include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, impact resistant coatings, underbody coatings, weld through primers, gloss flatteners, bright metal trim repair, and anti-glare/safety coatings.

SPECIALTY PRINTING means all gravure and flexographic operations which print a design or image, excluding packaging rotogravure printing, packaging flexographic printing, publication rotogravure printing, and publication flexographic printing. Specialty printing operations include, but are not limited to, printing on paper cups and plates, patterned gift wrap, wall paper, and floor coverings.

SPLASH FILLING means the filling of a tank truck or stationary tank through a pipe or hose whose discharge opening is above the surface level of the liquid in the tank being filled.

STAGE I CARB ENHANCED VAPOR RECOVERY (EVR) COMPONENT or EVR COMPONENT as used in 310 CMR 7.24(3), means a component identified in any of the Executive Orders listed in 310 CMR 7.24(3)(c)1.: Table 1. and 310 CMR 7.24(3)(c)1.: Table 2.

STAGE I CARB ENHANCED VAPOR RECOVERY (EVR) SYSTEM as used in 310 CMR 7.24(3), means a vapor balance system certified by CARB pursuant to a Phase I Executive Order to prevent discharge to the atmosphere of at least 98% by weight of vapors displaced during the transfer of motor vehicle fuel from a tank truck to a motor vehicle fuel storage tank.

STAGE I COMPONENT ENHANCED VAPOR RECOVERY (EVR) SYSTEM as used in 310 CMR 7.24(3), means:

(a) for an underground storage tank, a vapor balance system constructed from components identified in any one of the Phase I Executive Orders listed in 310 CMR 7.24(3)(c).1.: Table 1. including, but not be limited to, the following components: spill containment buckets, drain valves, dust caps, rotatable product adaptors, riser adaptors, drop tubes, rotatable vapor adaptors, tank gauge ports, and pressure/vacuum vent valves; and

(b) for aboveground storage tanks, a vapor balance system constructed from components identified in any of the Phase I Executive Orders and applicable Standing Loss Control Executive Orders listed in 310 CMR 7.24(3)(c).1.: Table 2.

STAGE I MINOR MODIFICATION as used in 310 CMR 7.24(3), means the installation, repair or replacement of one or more Stage I system components that is not substantial including, but not limited to, product drop tubes; overfill prevention devices; "screw-on" spill containment and dry break buckets.

STAGE I NON-ENHANCED VAPOR RECOVERY SYSTEM as used in 310 CMR 7.24(3), means a vapor balance system certified by CARB to prevent discharge to the atmosphere of at least 95% by weight of vapors displaced during the transfer of motor vehicle fuel from a tank truck to a motor vehicle fuel storage tank.

STAGE I ROUTINE MAINTENANCE as used in 310 CMR 7.24(3), means the regular installation, repair or replacement of one or more Stage I system components including, but not limited to, bucket plow rings; "slip-on" spill containment and dry break buckets; "O" rings and seals; product adaptors; vapor adaptors; product caps; vapor caps; monitor caps; riser caps; drain valves; and pressure/vacuum vent valves.

STAGE I SUBSTANTIAL MODIFICATION as used in 310 CMR 7.24(3), means, the installation, repair or replacement of one or more Stage I system components requiring excavation below a shear valve or tank pad including, but not limited to, vent piping; vapor space tie bar; dual-point or co-axial Stage I systems; or motor vehicle fuel storage tanks.

STAGE I SYSTEM means a Stage I CARB EVR System, a Stage I Component EVR System, or a Stage I Non-enhanced vapor recovery system.

STAGE II MINOR MODIFICATION means, for the purposes of 310 CMR 7.24(6), the re-installation, repair or replacement of one or more Stage II System components that is not substantial including, but not limited to, less than 50% of the motor vehicle fuel dispensers (e.g., one of four dispensers); a central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle system; ball float extractor valve housings; dispenser mounted vapor pumps; or "screw-on" spill or dry break buckets. If the re-installation, repair or replacement of Stage II System components occurs at a motor vehicle fuel dispensing facility with two or less dispensers, the re-installation, repair or replacement of only one of the motor vehicle fuel dispensers shall be a Minor Modification.

STAGE II ROUTINE MAINTENANCE means, for the purposes of 310 CMR 7.24(6), the regular reinstallation, repair or replacement of one or more Stage II System components including, but not limited to, hoses; nozzles; breakaways; swivels; hose retractors; bucket plow rings; "slip-on" spill or dry break buckets; "O" rings and seals; submersible pumps or suction pipes; fill adaptors; fill tubes; vapor adaptors; fill and vapor caps; drain valves; monitor caps; or riser caps.

STAGE II SUBSTANTIAL MODIFICATION means, for the purposes of 310 CMR 7.24(6), the reinstallation, repair or replacement of one or more Stage II System components including, but not limited to, 50% or more of the motor vehicle fuel dispensers (e.g., two of four dispensers); the replacement of one type of Stage II system with another type (e.g., replacement of a balance system with a vacuum assist system, or a Healy 400 ORVR nozzle system or Healy 600 nozzle system with a Healy VP-1000 system); or the re-installation, repair or replacement of Stage II System components requiring excavation below a shear valve or tank pad (e.g., vapor return piping, vent piping, vapor space tie bar, two-point or coaxial Stage I systems; or motor vehicle fuel storage tanks). If the re-installation, repair or replacement of one or more Stage II System components occurs at a motor vehicle fuel dispensing facility with two or fewer dispensers, the re-installation, repair or replacement of all motor vehicle fuel dispensers shall be a Substantial Modification.

STAGE II SYSTEM as used in 310 CMR 7.24(6), means a vapor recovery system identified in an Executive Order and specifically designed for the purpose of controlling vapors during the direct dispensing of motor vehicle fuel to a motor vehicle.

STANDARD CONDITIONS mean a temperature of 20E C and pressure of 760 millimeters of mercury.

STANDARD OPERATING PROCEDURE (S.O.P.) means the specific procedure for operation of, and which minimizes the emission from, an air contamination source.

STATE IMPLEMENTATION PLAN ("SIP") means the most recently prepared plan or revision thereof required by the Federal Clean Air Act which has been approved by the U.S. EPA.

STATIONARY COMBUSTION TURBINE means any stationary internal combustion engine which operates with a rotary motion, including any simple cycle turbine, regenerative cycle turbine, or any turbine portion of a combined cycle steam/electric generating system that is not self propelled.

STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINE means any reciprocating internal combustion engine. It does not include an engine that is regulated by EPA as a non-road engine defined under 40 CFR 1068.30 or is self-propelled.

STENCIL COATING means an ink or pigmented coating which is rolled or brushed onto a template or stamp in order to add identifying letters, symbols, or numbers to motor vehicles, or their parts or components.

STENCIL COATING for purposes of 310 CMR 7.18(11)(b)2. and (21)(b)1., means an ink or a pigmented coating which is rolled or brushed onto a template or stamp in order to add identifying letters, symbols, and/or numbers.

STENCIL COATING for purposes of 310 CMR 7.18(21)(b)2., means a coating that is applied over a stencil to a plastic part at a thickness of one mil or less of coating solids. Stencil coatings are most frequently letters, numbers, or decorative designs.

STOKER means a boiler/furnace design that incorporates a feeding mechanism, fuel distribution and ash residue collection system for the purpose of introducing solid fuel into the combustion zone of the boiler/furnace by feeding the fuel onto a grate.

STRUCTURAL MEMBER means any load-supporting member of a facility including beams and load-supporting walls, or any nonload-supporting member including ceilings and nonload-supporting walls.

STUDENT means any daytime student who does not live at the educational institution and who travels to and from classes by any mode of travel.

SUBMERGED FILLING means the filling of a motor vehicle fuel storage tank through a pipe whose discharge opening is entirely submerged below the surface level of the liquid in the tank.

SUBSTANTIAL RECONSTRUCTION means any physical change in, or changes in the method of operation of a facility or its appurtenances which changes the amount of emissions from such facility.

SUBSTRATE means the surface onto which a coating, ink or other material is applied or impregnated.

SULFUR IN FUEL - for the purpose of 310 CMR 7.05, sulfur in fuel is as follows:

(a)Oil

2.2% sulfur content = 1.21 pounds of sulfur per million Btu heat release potential

1% sulfur content = 0.55 pounds of sulfur per million Btu heat release potential

0. 5% sulfur content = 0.28 pounds of sulfur per million Btu heat release potential

(b)COAL

1.57% sulfur content = 1.21 pounds of sulfur per million Btu heat release potential (assuming 13,000 Btu per pound)

0. 72% sulfur content = 0.55 pounds of sulfur per million Btu heat release potential (assuming 13,000 Btu per pound)

0. 36% sulfur content = 0.28 pounds of sulfur per million Btu heat release potential (assuming 13,000 Btu per pound)

SURFACE COATING means a process whereby a layer of one substance is deposited on or in another material. The layer of coating may be used to decorate, bond, protect, strengthen, or impart other properties to substrate.

SURFACE PREPARATION PRODUCT means a product formulated to dissolve and remove tar, grease, wax, and other hydrophobic contaminants from a surface prior to application of a primer.

SYNTHETIC ORGANIC CHEMICAL MANUFACTURING FACILITY for the purpose of 310 CMR 7.18(19), means a facility which manufactures, as a final or intermediate product, polyethylene, polypropylene, polystyrene, methyl tert-butyl ether (MTBE), or one of the chemicals listed in 40 CFR Part 60.489.

TANGENTIAL FIRING means a furnace firing design where the burners are mounted at the corners of the furnace chamber.

TANK TRUCK means a truck or trailer equipped with a storage tank and used for the transport of motor vehicle fuel from sources of supply to stationary fuel tanks, or to motor vehicle fuel tanks.

TEXTILE FINISHING means the preparation, decorative enhancement, or functional enhancement of a natural or man-made textile substrate. Specific textile finishing processes include, but are not limited to, textile cleaning (desizing and scouring), bleaching, dyeing, printing, and final finishing.

TEXTURE COATING means a coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating.

THIN PARTICLE BOARD means a manufactured board that is 0.25 inches or less in thickness, and made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.

THIRD-PARTY VANPOOL PROGRAM means a vanpool program operated by an organization other than an employer which acquires and provides vans to groups of interested commuters.

THREE PIECE CAN SIDE SEAM SPRAY means a coating sprayed on the exterior and interior of a welded, cemented or soldered seam to protect the exposed metal.

THREE-STAGE COATING SYSTEM means a topcoat system composed of a colored basecoat, a semi-transparent midcoat, and a final transparent clearcoat. For compliance purposes, the VOC content of three-stage coating systems shall meet the emission limitation for topcoats in Table 7.18(28)(c), and is calculated according to the following formula:

Where:

Click to view image

VOC T_3-stage is the weighted average of the VOC content, as applied, in the basecoat, midcoat, and clearcoat system.

VOC_bc is the VOC content, as applied, of any given basecoat.

VOC_mc is the VOC content, as applied, of any given midcoat.

2VOC_cc is twice the VOC content, as applied, of any given clearcoat.

TILEBOARD means paneling that has a colored, waterproof surface coating.

TOPCOAT means the final film of coating applied in a multiple coat operation.

TOTAL HALOGENS means the total concentration, by weight, of fluorine, chlorine, bromine, and iodine, as measured by a method acceptable to the Department.

TOUCH-UP COATING means a coating applied by brush, airbrush, or non-refillable aerosol can of no more than eight ounces to cover minor surface damage and imperfections.

TOUCH-UP COATING for purposes of 310 CMR 7.18(11) and (21), means a coating used to cover minor coating imperfections that appear after the main coating operation is completed.

TRANSFER EFFICIENCY means the portion of coating solids which remain on the substrate during the application process, expressed as a percentage of the total volume of coating solids delivered by the applicator.

TRANSLUCENT COATING means a coating which contains binders and pigment, and is formulated to form a colored, but not opaque, film.

TWO PIECE CAN EXTERIOR END COATING means a coating applied by roller coating or spraying to the exterior end of a can to provide protection to the metal.

TUNNEL VENTILATION SYSTEM means any mechanical system which is designed to provide ventilation of any air contaminant regulated herein from any public roadway which is covered or otherwise enclosed in a tunnel or similar structure.

TWO-STAGE TOPCOAT means a basecoat/clearcoat system composed of a colored basecoat and a transparent final coat. For compliance purposes, the VOC content of basecoat/clearcoat systems shall meet the emission limitation for two-stage topcoats in 310 CMR: Table 7.18(28)(c), and shall be calculated according to the following formula:

Click to view image

Where:

VOC T_bc/cc is the weighted average of the VOC content, as applied, in the basecoat (bc) and clearcoat (cc) system.

VOC_bc is the VOC content, as applied, of any given basecoat.

2VOC_cc is twice the VOC content, as applied, of any given clearcoat.

UNDERBODY COATING means a coating designed for protection and sound deadening that is typically applied to the wheel wells and underbody of an automobile.

UNIFORM FINISH BLENDER means a coating designed to blend a repaired topcoat into an existing topcoat.

UNIT TURNAROUND for the purpose of 310 CMR 7.18(19), means unit shutdown and purge for internal inspection and repair.

UNUSED WASTE OIL means waste oil that is superfluous or abandoned fuel, storage tank bottoms, clean-out sludge, sludge from the separation of unused oil from a non-hazardous waste, contaminated oil resulting from the clean-up of a release of oil, and any other waste oil that is not used waste oil.

USED WASTE OIL means used and/or reprocessed, but not subsequently re-refined, waste oil that has served its original intended purpose. Such oil includes, but is not limited to, fuel oil, engine oil, gear oil, cutting oil, transmission fluid, and dielectric fluid.

VACUUM ASSIST SYSTEM means a Stage II system utilizing a pump, blower, or other vacuum inducing device, to collect and, or, process vapors during the dispensing of motor vehicle fuel.

VACUUM METALLIZING means a process whereby metal is vaporized and deposited on a substrate in a vacuum chamber.

VACUUM-METALLIZING COATING means:

(a) the undercoat applied to a substrate on which the metal is deposited; or

(b) the overcoat applied directly to the metal film.

VAPOR means the gaseous state of certain substances that can exist in equilibrium with their solid or liquid states under standard conditions.

VAPOR BALANCE SYSTEM means a vapor recovery system utilizing direct displacement to collect and/or process vapors during the transfer of motor vehicle fuel.

VAPOR-MOUNTED SEAL means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

VAPOR-TIGHT means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100% of the Lower Explosive Limit when measured with a combustible gas detector, calibrated with propane, at a distance of one inch from the source.

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:

Click to view image

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

Ww = Weight of water, in grams

We = Weight of exempt compounds, in grams

Mwi = Molecular weight of the "i"th VOC compound, in g/g-mole

Mww = Molecular weight of water, in g/g-mole

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

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 (VOC) means 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. VOC includes all organic compounds except the following:

CAS Number	Chemical Name
67641	acetone,
124685	AMP (2-amino-2-methyl-1-propanol),
506876	ammonium carbonate,
540885	t-butyl acetate,
630080	carbon monoxide,
124389	carbon dioxide,
463796	carbonic acid,
616386	dimethyl carbonate,
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, (dichloromethane),
98566	parachlorobenzotrifluoride (PCBTF),
127184	perchloroethylene (tetrachloroethylene),
108327	propylene carbonate,
75694	CFC-11 (trichlorofluoromethane),
75718	CFC-12 (dichlorodifluoromethane),
75456	CFC-22 (chlorodifluoromethane),
76131	CFC-113 (trichlorotrifluoroethane),
76142	CFC-114 (dichlorotetrafluoroethane),
76153	CFC-115 (chloropentafluoroethane),
593704	HCFC-31 (chlorofluoromethane),
306832	HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane),
354234	HCFC-123a (1,2-dichloro-1,1,2-trifluoroethane),
2837890	HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane),
1717006	HCFC-141b (1,1-dichloro-1-fluoroethane),
75683	HCFC-142b (1-chloro-1,1-difluoroethane),
1615754	HCFC-151a (1-chloro-1-fluoroethane),
422560	HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane),
507551	HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane),
75467	HFC-23 (trifluoromethane),
75105	HFC-32 (difluoromethane),
354336	HFC-125 (pentafluoroethane),
359353	HFC-134 (1,1,2,2-tetrafluoroethane),
811972	HFC-134a (1,1,1,2-tetrafluoroethane),
4129462	HFC-143a (1,1,1-trifluoroethane),
75376	HFC-152a (1,1-difluoroethane),
353366	HFC-161 (ethylfluoride),
690391	HFC-236fa (1,1,1,3,3,3-hexafluoropropane),
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-pentafluoropropane),
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	HFC-365mfc (1,1,1,3,3-pentafluorobutane),
138495428	HFC 43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane),
1691174	HFE-134 (HCF2OCF2H),
78522471	HFE-236cal2 (HCF2OCF2OCF2H),
188690780	HFE-338pcc13 (HCF2OCF2CF2OCF2H),
188690779	H-Galden 1040X or H-Galden ZT 130 (or 150 or 180), (HCF2OCF2OCF2CF2OCF2H),
75031	HFE-7000 or n-C3F7OCH3 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane),
163702076	HFE-7100 or C4F9OCH3 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane),
163702087	(CF3)2CFCF2OCH3 (2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-hepta-fluoropropane),
163702054	HFE-7200 or C4F9OC2H5 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane),
54376602	HFE-7300 or L-14787 or C2F5CF(OCH3)CF(CF3)2(1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane),
163702065	(CF3)2CFCF2OC2H5 (2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-hepta-fluoropropane),
297730939	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)
754121	HFO-1234yf (2,3,3,3-tetrafluoropropene),
29118249	HFO-1234ze (trans-1,3,3,3-tetrafluoropropene),
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,
102687650	SolsticeT 1233zd(E) (trans-1-chloro-3,3,3-trifluoroprop-1-ene),
N/A	Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

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

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 BASED INK/COATING/ADHESIVES means an ink, coating, or adhesive with VOC content less than or equal to 10% by weight as applied.

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 (or "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. In 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.

310 CMR, § 7.00

Adopted by Mass Register Issue S1360, eff. 3/9/2018.

Amended by Mass Register Issue 1363, eff. 3/9/2018.

Amended by Mass Register Issue 1366, eff. 3/9/2018.

Amended by Mass Register Issue 1413, eff. 3/20/2020.

Amended by Mass Register Issue 1433, eff. 12/25/2020.

Amended by Mass Register Issue 1461, eff. 12/30/2021.

Amended by Mass Register Issue 1467, eff. 12/30/2021 (COMPLIANCE).

Amended by Mass Register Issue 1487, eff. 12/30/2022 (EMERGENCY).

Amended by Mass Register Issue 1491, eff. 12/30/2022 (EMERGENCY).

Amended by Mass Register Issue 1493, eff. 12/20/2022 (COMPLIANCE).

Amended by Mass Register Issue 1503, eff. 9/1/2023.

Amended by Mass Register Issue 1518, eff. 3/29/2024.

REGULATORY AUTHORITY

All provisions of 310 CMR 7.00 are adopted pursuant to the authority granted by M.G.L. c. 111, §§ 142A through 142J, M.G.L. c. 21N, and Sections 56, 58, 60 and 102C of Chapter 8 of the Acts of 2021. 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.