(10)Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities - Applicability. (a) Except as provided in 310 CMR 7.26(12)(a) and (b), each dry cleaning facility shall comply with the provisions of 310 CMR 7.26(10) through (16) beginning on May 2, 1997 or immediately upon startup, whichever is later. All coin-operated dry cleaning machines are exempt from the requirements of 310 CMR 7.26(10) through (16).(b) The provisions of 310 CMR 7.26(10) through (16) apply to the owner or operator of a dry cleaning facility that has:1. Only dry-to-dry machine(s) and has perchloroethylene consumption equal to or less than 2,100 gallons per 12-month rolling period as determined in accordance with 310 CMR 7.26(10)(c); or2. Only a transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has perchloroethylene consumption equal to or less than 1,800 gallons per 12-month rolling period as determined in accordance with 310 CMR 7.26(10)(c).(c) When calculating the perchloroethylene consumption for each 12-month rolling period for the purpose of determining applicability under 310 CMR 7.26(10)(a), the owner or operator shall sum on the first day of every month the volume of all perchloroethylene purchases made in each of the previous 12 months, as recorded in the log described in 310 CMR 7.26(15)(d)1.(d) Notwithstanding the forgoing, 310 CMR 7.26 does not apply to dry-to-dry perchloroethylene dry cleaning facilities co-located with a residence, installed between December 21, 2005 through July 13, 2006. N.B. These dry-to-dry facilities are subject to the federal Maximum Available Control Technology (MACT) standards for perchloroethylene dry cleaning facilities ( 40 CFR Part 63 , Subpart M).(11)DEFINITIONS. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.26(10) through (16). The following words and phrases shall have the following meanings as they appear in 310 CMR 7.26(10) through (16). Where a term is defined in the 310 CMR 7.00: Definitions and the definition also appears in 310 CMR 7.26(11), the definition in 310 CMR 7.26(11) controls for 7.26(10) through (16). Ancillary Equipment means the equipment used with a dry cleaning machine in a dry cleaning system including, but not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses, and ducts.
Articles mean clothing, garments, textiles, fabrics, leather goods, and the like, that are drycleaned.
Carbon Adsorber means a bed of activated carbon into which an air-perchloroethylene gas-vapor stream is routed and which adsorbs the perchloroethylene on the carbon.
Co-located means a dry cleaning facility located in a building with a residence, a licensed day care center, a health care facility, a prison, an elementary school, a middle or high school, a children's pre-school, a senior center or a youth center.
Coin-operated Dry Cleaning Machine means a dry cleaning machine that is operated by the customer (that is, the customer places articles into the machine, turns the machine on, and removes articles from the machine).
Colorimetric Detector Tube means a glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perchloroethylene and is designed to measure the concentration of perchloroethylene in air.
Construction means the fabrication (onsite), erection, or installation of a dry cleaning system subject to 310 CMR 7.26(10) through (16).
Desorption means regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed on the carbon.
Diverter Valve means a flow control device that prevents room air from passing through a refrigerated condenser when the door of the dry cleaning machine is open.
Dry Cleaning means the process of cleaning articles using perchloroethylene.
Dry Cleaning Cycle means the washing and drying of articles in a dry-to-dry machine or transfer machine system.
Dry Cleaning Facility means an establishment with one or more dry cleaning systems.
Dry Cleaning Machine means a dry-to-dry machine or each machine of a transfer machine system.
Dry Cleaning Machine Drum means the perforated container inside the dry cleaning machine that holds the articles during dry cleaning.
Dry Cleaning System means a dry-to-dry machine and its ancillary equipment or a transfer machine system and its ancillary equipment.
Dryer means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see reclaimer).
Dry-to-dry Machine means a one-machine dry cleaning operation in which washing and drying are performed in the same machine.
Exhaust Damper means a flow control device that prevents the air-perchloroethylene gas-vapor stream from exiting the dry cleaning machine into a carbon adsorber before room air is drawn into the dry cleaning machine.
Filter means a porous device through which perchloroethylene is passed to remove contaminants in suspension. Examples include, but are not limited to, lint filter, button trap, cartridge filter, tubular filter, regenerative filter, prefilter, polishing filter, and spin disc filter.
Halogenated Hydrocarbon Detector means a portable device capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume and indicating a concentration of 25 parts per million by volume or greater by emitting an audible or visual signal that varies as the concentration changes.
Heating Coil means the device used to heat the air stream circulated from the dry cleaning machine drum, after perchloroethylene has been condensed from the air stream and before the stream reenters the dry cleaning machine drum.
Muck Cooker means a device for heating perchloroethylene-laden waste material to volatilize and recover perchloroethylene.
PCE (Perchloroethylene)-gas Analyzer means a flame ionization detector, photoionization detector, or infrared analyzer capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume.
Perceptible Leaks mean any perchloroethylene vapor or liquid leaks that are obvious from:
(a) the odor of perchloroethylene;(b) visual observation, such as pools or droplets of liquid; or(c) the detection of gas flow by passing the fingers over the surface of equipment. Perchloroethylene Consumption means the total volume of perchloroethylene purchased based upon purchase receipts or other reliable measures.
Reclaimer means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see dryer).
RECONSTRUCTION means replacement of a washer, dryer, or reclaimer; or replacement of any components of a dry cleaning system to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable new source.
Refrigerated Condenser means a vapor recovery system into which an air-perchloroethylene gasvapor stream is routed and the perchloroethylene is condensed by cooling the gas-vapor stream.
Refrigerated Condenser Coil means the coil containing the chilled liquid used to cool and condense the perchloroethylene.
RESIDENCE means any dwelling or housing in which people reside excluding short-term housing that is occupied by the same person for a period of less than 180 days (such as a hotel room).
Secondary Carbon Adsorber means a carbon adsorber into which the air-perchloroethylene gas vapor stream from inside the dry cleaning machine drum is routed immediately before the door of the dry cleaning machine is opened.
Source means each dry cleaning system.
Still means any device used to volatilize and recover perchloroethylene from contaminated perchloroethylene.
Temperature Sensor means a thermometer or thermocouple used to measure temperature.
Transfer Machine System means a multiple-machine dry cleaning operation in which washing and drying are performed in different machines. Examples include, but are not limited to:
(a) a washer and dryer(s);(b) a washer and reclaimer(s); or(c) a dry-to-dry machine and reclaimer(s). Vapor Leak means a perchloroethylene vapor concentration exceeding 25 parts per million by volume (50 parts per million by volume as methane) as indicated by a halogenated hydrocarbon detector or PCE gas analyzer.
Washer means a machine used to clean articles by immersing them in perchloroethylene. This includes a dry-to-dry machine when used with a reclaimer.
Water Separator means any device used to recover perchloroethylene from a water-perchloroethylene mixture.
Year or Yearly means any consecutive 12-month period of time.
(12)Perchloroethylene Dry Cleaning Systems.(a)Dry-to-dry Machine. An owner or operator of a dry-to-dry machine shall comply with the following requirements: 1. A dry-to-dry machine installed prior to December 9, 1991, shall be equipped with either a carbon adsorber or refrigerated condenser by September 22, 1993.2. A dry-to-dry machine installed on or after December 9, 1991, shall be equipped with a refrigerated condenser.3. A dry-to-dry machine installed on or after December 21, 2005 shall be equipped with a refrigerated condenser and a secondary carbon adsorber on or before November 5, 2008.4. The installation of a co-located dry-to-dry machine, except those co-located with a residence is prohibited as of November 5, 2008.5. The installation of a dry-to-dry machine(s) co-located with a residence is prohibited as of September 5, 2008.6. All co-located dry-to-dry machines shall cease operation on or before December 21, 2020.7. All dry-to-dry machines co-located with a residence installed after July 13, 2006 shall cease operation on September 5, 2008.11 Under the federal MACT, dry cleaners co-located with a residence were prohibited from operating as of July 13, 2006. On September 5, 2008, 310 CMR 7.26(10) through (16) also become a state requirement.
8. The operation, maintenance, testing, monitoring, recordkeeping and reporting requirements of 310 CMR 7.26(13) through (15), as applicable.(b)Transfer Machine System. The installation of transfer machine(s) is prohibited as of May 2, 1997. On or before September 22, 1993, all transfer machine systems shall be equipped with a carbon adsorber or a refrigerated condenser. 1. The owner or operator of a transfer machine system equipped with a refrigerated condenser shall: a. Not vent the air-perchloroethylene gas-vapor contained within the washer to the atmosphere until the washer door is opened;b. Monitor in accordance with 310 CMR 7.26(12)(b)2.;c. Not use the same refrigerated condenser coil for the washer that is used by a dry-to- dry machine, dryer, or reclaimer; and d. Ensure the temperature difference between the air-perchloroethylene gas-vapor stream entering the refrigerated condenser on a washer and the air-perchloroethylene gas-vapor stream exiting the refrigerated condenser on the washer is greater than or equal to 20/F (11.1/C).2. The owner or operator shall calculate, on a weekly basis, the difference between the temperature of the air-perchloroethylene gas-vapor streams entering and exiting the refrigerated condenser on a washer and the temperature of the air-perchloroethylene gasvapor stream. The owner or operator shall measure the inlet and outlet streams with a temperature sensor. Each temperature sensor shall be used according to the manufacturer's instructions, and designed to measure at least a temperature range from 32/F (0/C) to 120/F (48.9/C) to an accuracy of ± 2/F (±1.1/C).3. The owner or operator shall comply with the operation, maintenance, testing, monitoring, recordkeeping and reporting requirements of 310 CMR 7.26(13) through (15), as applicable4. The owner or operator shall cease operation of their transfer machines on or before September 5, 2008.(13)Operation and Maintenance Requirements. (a) The owner or operator shall close the door of each dry cleaning machine immediately after transferring articles to or from the machine, and shall keep the door closed at all other times except to the extent necessary during maintenance operations.(b) The owner or operator of each dry cleaning system shall operate and maintain the system according to the manufacturers' specifications and recommendations.(c) The owner or operator of a dry cleaning system equipped with a refrigerated condenser shall: 1. Not vent or release the air-perchloroethylene gas-vapor stream contained within the dry cleaning machine to the atmosphere while the dry cleaning machine drum is rotating;2. Monitor the refrigerated condenser in accordance with 310 CMR 7.26(14)(a);3. Operate the dry cleaning system with a diverter valve or equivalent design so as to prevent air drawn into the dry cleaning machine when the door of the machine is open from passing through the refrigerated condenser; and4. Maintain the temperature of the air-perchloroethylene gas-vapor stream at the end of the cool down cycle on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer at equal to or less than 45/F (7.2/C).(d) The owner or operator of a dry cleaning system equipped with a primary or secondary carbon adsorber shall:1. Not bypass the carbon adsorber or secondary carbon adsorber to vent or release any air-perchloroethylene gas-vapor stream to the atmosphere at any time; and2. Monitor the carbon adsorber in accordance with the requirements in 310 CMR 7.26(14)(b) as applicable.(e) If parameter values monitored under 310 CMR 7.26(13)(c) or (d), do not meet the values specified in 310 CMR 7.26(14)(a), or (b), the owner or operator shall make adjustments or repairs to the dry cleaning system or control device to meet those values. If repair parts must be ordered, either a written or verbal order for such parts shall be initiated within two working days of detecting such a parameter value. Such repair parts shall be installed as soon as possible, but in no case later than, five working days after receipt of the parts.(f) The owner or operator of a dry cleaning system shall drain all cartridge filters in their housing, or other sealed container, for a minimum of 24 hours, or shall treat such filters in an equivalent manner, before removal from the dry cleaning facility.(g) The owner or operator of a dry cleaning system shall store all perchloroethylene and wastes that contain perchloroethylene in solvent tanks or solvent containers with no perceptible leaks.(h) The owner or operator of a dry cleaning system shall inspect the following components weekly for perceptible leaks while the dry cleaning system is operating: 1. Hose and pipe connections, fittings, couplings, and valves;2. Door gaskets and seatings;3. Filter gaskets and seatings;5. Solvent tanks and containers;10. Diverter valves (if required); and(i) The owner or operator of a dry cleaning system shall inspect the components identified in 310 CMR 7.26(13)(h), at least weekly for vapor leaks. The operator shall place the probe inlet near the surface of each component interface where leakage could occur and move it slowly along the interface periphery. One of the following methods or devices, operated in accordance with the manufacturer's instructions shall be used:1. a halogenated-hydrocarbon detector;2. a PCE gas analyzer; or3. an alternative method approved by the Department. Sufficient documentation shall be provided to the Department to demonstrate that the alternative method is capable of detecting vapor concentrations of PCE of 25 ppm by volume.(j) The owner or operator of a dry cleaning system shall repair all leaks detected under 310 CMR 7.26(13)(h) and (i) within 24 hours. If repair parts must be ordered, either a written or verbal order for those parts shall be initiated within two working days of detecting such a leak. Such repair parts shall be installed as soon as possible but in no case later than five working days after receipt of the parts.(k) Each owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.(14)Test Methods and Monitoring.(a) The owner or operator of a dry cleaning system equipped with a refrigerated condenser shall either:1. Monitor, on a weekly basis, the refrigeration system high pressure and low pressure during the drying phase to determine if they are in the range specified in the manufacturers operating instructions; or2. Measure the temperature of the air-perchloroethylene gas-vapor stream on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer weekly with a temperature sensor to determine if it is equal to or less than 45/F (7.2/C). The temperature sensor shall be used according to the manufacturer's instructions and shall be designed to measure a temperature of 45/F (7.2/C) to an accuracy of ± 2 /F (± 1.1/C).(b) The owner or operator of a dry cleaning system equipped with a primary carbon adsorber shall measure, on a weekly basis, the concentration of perchloroethylene in the exhaust of the carbon adsorber to determine that the perchloroethylene concentration in the exhaust is equal to or less than 100 parts per million by volume. The measurement shall be taken while the dry cleaning machine is venting to the carbon adsorber at the end of the last dry cleaning cycle prior to desorption of the carbon adsorber. The owner or operator shall:1. Use a colorimetric detector tube designed to measure a concentration of 100 parts per million by volume of perchloroethylene in air to an accuracy of ± 25 parts per million by volume; and2. Use the colorimetric detector tube according to the manufacturer's instructions; and 3. Provide a sampling port for monitoring within the exhaust outlet of the carbon adsorber that is easily accessible and located at least eight stack or duct diameters downstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet; and two stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, inlet, or outlet.(c) The owner or operator of a dry cleaning system equipped with a secondary carbon adsorber shall operate and maintain the system in accordance with the manufacturers specifications.(15)Recordkeeping and Reporting Requirements. (a) Each owner or operator of a dry cleaning facility shall submit to the Department a compliance certification in accordance with 310 CMR 70.00.(b)Compliance Notification. Each owner or operator of a dry cleaning facility shall notify the Department, on forms provided by the Department, on or before September 15, 2008, either electronically utilizing the electronic form via eDEP or by submitting a paper form by registered mail, and subsequently as required by 310 CMR 70.03, of the facility's compliance with the requirements contained in 310 CMR 7.26(10) through(16) and provide the following information:1. The name and address of the owner or operator;2. The name and address (that is, physical location) of the dry cleaning facility;3. The type of each dry cleaning machine(s) and its serial number;4. The installation date of each dry cleaning machine;5. A description of the type of air pollution control device(s) used to comply with 310 CMR 7.26(12)(a) or (b) as applicable;6. The most recent 12-month perchloroethylene quantity purchased, based on invoices or receipts;7. Whether or not the dry cleaning facility is located in a building with a residence;8. Whether or not the dry cleaning facility is located in a building with a leased space, another tenant, or owner occupant(s);9. Whether or not the dry cleaning facility is co-located with sensitive populations such as a licensed day care centers, a health care facility, a prison, an elementary school, middle school or high school, a children's pre-school, a senior center or a youth center. 10. The compliance status of the facility; and11. That all information submitted is in accordance with 310 CMR 7.01(2)(a) through (c).(c)Change in Status Notification. Each owner or operator of a dry cleaning facility shall notify the Department, on forms provided by the Department, when there is a change in ownership, a cessation of dry cleaning operations, or a change to a non-perchloroethylene solvent, and provide the following information where applicable.1.Change in Ownership. The specific date for transfer of responsibility, coverage, and liability between the current and new owner and operator. The new owner shall notify within 60 days of the sale of the operation.2.Cessation of Operation. The specific date that operation of the dry cleaning system(s) ceased at the facility within 60 days of ceasing operation. This notification is also necessary when the facility changes to a "drop off" facility.3.Cessation of Perchloroethylene as the Dry Cleaning Solvent. The specific date that perchloroethylene was no longer used as the dry cleaning solvent, the manufacturer of and type of cleaning solvent within 60 days of the change.(d)Recordkeeping. Each owner or operator of a dry cleaning facility shall keep receipts of perchloroethylene purchases and a log of the following information, as applicable, and maintain such information up to date so the 12-month rolling period compliance can be determined, and on site for at least one year, and show it upon request for a period of at least three years:1. The volume of perchloroethylene purchased each month for the dry cleaning facility as recorded from perchloroethylene invoices or receipts of purchases; if no perchloroethylene is purchased during a given month then the owner or operator would enter zero gallons into the log;2. The calculation and result of the 12-month rolling period perchloroethylene consumption determined on the first day of each month as specified in 310 CMR 7.26(10)(c);3. The dates when the dry cleaning system components were inspected for leaks, as specified in 310 CMR 7.26(13)(h) and (i), and the name or location of dry cleaning system components where leaks were detected;4. The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with 310 CMR 7.26(13)(e) or (j);5. The date and refrigeration system pressures or temperature sensor monitoring results, as specified in 310 CMR 7.26(14) if a refrigerated condenser is used to comply with 310 CMR 7.26(12)(a) or (b); and6. The date and colorimetric detector tube monitoring results, as specified in 310CMR 7.26(14), if a carbon adsorber is used to comply with 310 CMR 7.26(12)(a) or (b).(16)Determination of Equivalent Emission Control Technology.(a) Any person requesting that the use of certain equipment or procedures be considered equivalent to the requirements under 310 CMR 7.26(12) and (13) shall collect, verify, and submit to the Administrator the following information to show that the alternative achieves equivalent emission reductions: 1. Diagrams, as appropriate, illustrating the emission control technology, its operation and integration into or function with dry-to-dry machine(s) or transfer machine system(s) and their ancillary equipment during each portion of the normal dry cleaning cycle;2. Information quantifying vented perchloroethylene emissions from the dry-to-dry machine(s) or transfer machine system(s) during each portion of the dry cleaning cycle with and without the use of the candidate emission control technology;3. Information on solvent mileage achieved with and without the candidate emission control technology. Solvent mileage is the average weight of articles cleaned per volume of perchloroethylene used. Solvent mileage data must be of continuous duration for at least one year under the conditions of a typical dry cleaning operation. This information on solvent mileage must be accompanied by information on the design, configuration, operation, and maintenance of the specific dry cleaning system from which the solvent mileage information was obtained;4. Identification of maintenance requirements and parameters to monitor to ensure proper operation and maintenance of the candidate emission control technology;5. Explanation of why this information is considered accurate and representative of both the short-term and the long-term performance of the candidate emission control technology on the specific dry cleaning system examined;6. Explanation of why this information can or cannot be extrapolated to dry cleaning systems other than the specific system(s) examined; and7. Information on the cross-media impacts (to water and solid waste) of the candidate emission control technology and demonstration that the cross-media impacts are less than or equal to the cross-media impacts of a refrigerated condenser.(b) Prior to operation of the dry cleaning system, an owner or operator shall receive approval of an equivalency determination of their emission control equipment from the Administrator and shall notify the Department of the Administrator's determination.(20)Environmental Results Program: Lithographic, Gravure, Letterpress, Flexographic and Screen Printing.(a)310 CMR 7.26(20) through (29) sets forth performance standards and recordkeeping requirements for lithographic, gravure, letterpress, flexographic and screen printing at facilities subject to 310 CMR 7.26(20) through (29) pursuant to 310 CMR 7.26(21).(c) By complying with the recordkeeping requirements contained in 310 CMR 7.26(20) through (29), and with the certification requirements contained in 310 CMR 70.00: Environmental Results Program Certification, and by maintaining actual emissions below the levels contained in 310 CMR 7.26(20)(c)1. through 4., the owner/operator of a facility subject to 310 CMR 7.26(20) through (29) restricts the federal potential emissions of the facility to below the applicable major source thresholds. For every rolling 12-month period as defined in 310 CMR 7.26(22), the potential and actual emissions of the facility shall be less than the following limitations: 1. 50 tons of VOC or NOx, or 100 tons of any other regulated air pollutant;3. 25 tons of a combination of HAPs; and4. Any lesser threshold for a single HAP that the EPA may establish by rule.(21)Applicability.(a) The provisions of 310 CMR 7.26(20) through (29) apply to the owner or operator of each facility in 310 CMR 7.26(20) with:1. a primary 2012 North American Industry Classification System (NAICS) code of 323111 "Commercial Printing (except Screen and Books", 323113 "Commercial Screen Printing", or 323117 "Books Printing"); and2. one or more screen, lithographic, gravure, flexographic, or letterpress printing presses.(b) The provisions of 310 CMR 7.26(20) through (29) do not apply to the owner or operator of a facility that performs lithographic, gravure, flexographic, letterpress, or screen printing with a primary 2012 NAICS code different from those listed in 310 CMR 7.26(21)(a).(22)DEFINITIONS: The definitions found in 310 CMR 7.00 apply to 310 CMR 7.26(20) through (29). The following words and phrases shall have the following meanings as they appear in 310 CMR 7.26(20) through (29). Where a term is defined in the 310 CMR 7.00 and the definition also appears in 310 CMR 7.26(22), the definition found in 310 CMR 7.26(22) controls. ADHESIVE means any substance that is used to bond one surface to another surface.
Alcohol means any of the following compounds, when used as a fountain solution additive for offset lithographic printing: ethanol, n-propanol, and isopropanol.
ALCOHOL SUBSTITUTE means non-alcohol fountain solution additives including, but not limited to, glycol ethers or ethylene glycol.
Conforming Operation means a press or presses that meet the standards established in 310 CMR 7.26(24)(d), (25)(a) or (26)(a).
Conductive Ink means an ink which transmits electricity and is used in the production of electronic circuits.
Electron Beam Inks means inks which dry by a polymerization reaction induced by electrons from an electron beam generator.
Extreme Performance Ink or Extreme Performance Coating means an ink or coating used in screen printing on a non-porous substrate that is designed to resist or withstand any of the following: more than two years of outdoor exposure or exposure to industrial-grade chemicals, solvents, acids, or detergents, oil products, cosmetics, temperatures exceeding 76°C (170°F), vacuum forming, embossing or molding.
FLEXOGRAPHIC PRINTING means a printing system utilizing a flexible rubber or elastomeric image carrier in which the image area is raised relative to the non-image area. The image is transferred to the substrate through first applying ink to a smooth roller which in turn rolls the ink onto the raised pattern of a rubber or elastomeric pad fastened around a second roller, which then rolls the ink onto the substrate.
Gravure Printing means an intaglio printing operation in which the ink is transferred from wells on a plate to the substrate by pressure, with excess ink removed from the surface of the plate, which is supported by an impression roller, by a doctor blade.
HAP means an air contaminant listed by EPA as a HAP, pursuant to 42 U.S.C. 7401, § 112. That list is incorporated by reference herein, together with all amendments and supplements thereto.
Heatset Inks means inks used to set or fix the ink pigment and binding resins to the substrate.
Heatset Press means an offset lithographic printing press, where the solvent component of the ink is driven off with the use of heat from dryers or ovens. Thermography is not included in this definition.
Incidental Material(s) means one or more VOC containing material(s) which do not, in total, exceed 55 gallons per rolling 12 month period, and which do not comply with an applicable standard set forth in 310 CMR 7.26(20) through (29).
Large Printer means a printer that:
(a) uses a total of more than 3,000 gallons of cleanup solution and inks/coatings/adhesives with a VOC content greater than 10% by weight as applied, per rolling 12 month period; or (b) after March 9, 2020, emits more than ten tons of VOC facility-wide per rolling 12 month period based on materials used before the application of air pollution control equipment. Incidental material, ink used in non-heatset offset lithographic printing, water-based ink/coating/adhesive, plastisol, electron beam ink and ultraviolet ink are excluded from this calculation.
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.
Metallic Ink means an ink that contains greater than 50 grams of metal per liter (0.4 lb/gal) of ink.
Midsize Printer means a printer that:
(a) uses a total of more than 275 and no more than 3000 gallons of cleanup solution and inks/coatings/adhesives with a VOC content greater than 10% by weight as applied, per rolling 12 month period; or(b) uses a total of more than 55 gallons of alcohol per rolling 12 month period and a total of no more than 3000 gallons of cleanup solution, and inks/coatings/adhesives with a VOC content greater than 10% by weight as applied, per rolling 12 month period; or(c) after March 9, 2020, does not meet the definition of a large printer and emits, before any application of add-on air pollution capture and control equipment, equal to or greater than 15 pounds of VOC per day or, in the alternative, equal to or greater than three tons of VOC per rolling 12 month period from offset lithographic printing operations and related cleaning operations, or letterpress printing operations and related cleaning operations. Incidental material, ink used in non-heatset offset lithographic printing, water-based ink/coating/adhesive, plastisol, electron beam ink, and ultraviolet ink are excluded from this calculation.
Non-conforming Operation means a press or presses that use(s) ink, coating, or adhesive which do not meet the standards established in 310 CMR 7.26(24)(d), 310 CMR 7.26(25)(a), or 310 CMR 7.26(26)(a) at a printer who has demonstrated that it is technically or economically infeasible to use ink, coating, or adhesive that meets those standards.
NON-HEATSET OFFSET LITHOGRAPHIC PRINTING means offset lithographic printing in which the ink dries by oxidation and absorption into the substrate without the use of heat from dryers or ovens.
OFFSET LITHOGRAPHIC PRINTING means a planeographic method in which the image and non-image areas are on the same plane.
Plastisol Ink(s) means a dispersion of finely divided resin in a plasticizer.
Printer means the owner or operator of a facility subject to 310 CMR 7.26(20) through (29) pursuant to 310 CMR 7.26(21).
Rolling 12 Month Period means any consecutive 12 month period of time.
Screen Printing means a process where the printing ink passes through a web or a fabric to which a refined form of stencil has been applied. The stencil openings determine the form and dimensions of the imprint.
SDS means a Safety Data Sheet.
Small Printer means a printer that:
(a) does not qualify as a Very Small Printer; and(b)1. uses a total of no more than 275 gallons of cleanup solution and inks/coatings/ adhesives with a VOC content greater than 10% by weight as applied per rolling 12 month period; and2. uses less than or equal to 55 gallons of alcohol per rolling 12 month period. Incidental material, ink used in non-heatset offset lithographic printing, water-based ink/coating/adhesive, plastisol, electron beam ink and ultraviolet ink are excluded from this calculation. SOLVENT means organic compounds which are used as adhesives, diluents, thinners, dissolvers, viscosity reducers, cleaning agents or for other similar uses.
Thermography means a process for simulating a raised printed surface by dusting the wet ink with a resinous material and then fusing it to the ink with heat to produce a raised effect.
Ultraviolet Inks mean inks which dry by a polymerization reaction induced by ultraviolet energy.
Very Small Printer means a printer that:
(a) is connected to municipal sewer;(b) uses a total of no more than 55 gallons of cleanup solution and inks/coatings/adhesives with a VOC content greater than 10% by weight as applied per rolling 12 month period;(c) uses no more than 55 gallons of alcohol per rolling 12 month period; and(d) generates no more than 55 gallons of hazardous waste per rolling 12 month period. Incidental material, ink used in non-heatset offset lithographic printing, water-based ink/coating/adhesive, plastisol, electron beam ink and ultraviolet ink are excluded from the calculation in 310 CMR 7.26: Very Small Printer (b). Water-based Ink/Coating/Adhesives means an ink, coating, or adhesive with a VOC content less than or equal to 10% by weight as applied.
(23)Rules for Permitted Facilities:(a) Each printing press shall be operated on or after May 1, 1998 in compliance with the standards and requirements set forth in 310 CMR 7.26(20) through (29) except in the following situations:2. if a heatset press or non-conforming operation at a facility that, based on materials used before the application of air pollution control equipment, emits no more than ten tons of VOCs facility-wide on a rolling 12 month period, is covered by a plan approval pursuant to 310 CMR 7.02(1) issued prior to May 1, 1998, then the heatset press or nonconforming operation may either be operated in compliance with that plan approval or operated in compliance with the applicable requirements set forth in 310 CMR 7.26(27)(a)1. and 2., except to the extent applicable requirements of 310 CMR 7.18 become more stringent than those in the plan approval or 310 CMR 7.26.3. if a heatset press or non-conforming operation at a facility that, based on materials used before the application of air pollution control equipment, emits more than ten tons of VOCs facility-wide on a rolling 12 month period, is covered by a plan approval pursuant to 310 CMR 7.02(1) or a permit pursuant to 310 CMR 7.02(9), then that heatset press or non-conforming operation shall be operated in compliance with the terms and conditions of that plan approval or permit, except to the extent applicable requirements of 310 CMR 7.18 or 7.26 become more stringent than those in the plan approval or permit.4. The following provisions take effect on March 9, 2020: 310 CMR 7.26(24)(a)1.b., 2.a.ii., (25)(b)2.b., (28)(b)5., and (c)6.(24)Standards for Non-heatset Offset Lithographic Printing : (a) Fountain solution standards for midsize and large printers: The following standards apply to midsize and large printers, except that they do not apply to the fountain solution in a press with a fountain solution reservoir that holds less than or equal to one gallon. Printers may calculate the percent of alcohol in fountain solution using the methodology set forth in 310 CMR 7.26(24)(a)3.: 1.For Web-fed Presses: fountain solution shall: a. not contain any alcohol; andb. contain no more than 5% alcohol substitutes by weight as applied.2.For Sheet-fed Presses, except for a sheet-fed press with maximum sheet size of 11 by 17 inches or smaller:a. unrefrigerated fountain solution shall either:i. contain no more than 5.0% VOC by weight as applied; orii. contain no more than 5% alcohol substitutes by weight as applied and contain no alcohol; and b. refrigerated fountain solution shall contain no more than 8% VOC by weight as applied, and shall be refrigerated to a temperature of less than 60° F.(b)Fountain Solution Tank Standard: Fountain solution mixing and storage tanks shall be covered, except when adding or removing solution.(c)Work Practices and Emission Limitations for Printing and Cleaning Operations. 1. Any person subject to 310 CMR 7.26(20) shall comply with the work practices of 310 CMR 7.18(31)(e).2. Cleanup solution used to clean an offset lithographic printing press shall meet at least one of the following standards, except that these standards do not apply to incidental materials: a. shall not exceed 70% VOC by weight as applied, calculated pursuant to EPA test method 24; orb. shall have a VOC composite partial pressure of 10 mmHg or less at 20/C (68°F)(d) Adhesive standard for midsize and large printers: Adhesives shall meet the following limit for VOC content, expressed in grams VOC per liter of product as applied (pounds per gallon), less water: Adhesive 300 (2.5)
(25)Gravure, Letterpress, and Flexographic Printing: (a)Ink, Coating, and Adhesive Standards for Midsize and Large Printers. The following standards apply to midsize and large printers. Inks, coatings, and adhesives, except incidental materials, shall meet the following limits for VOC content, expressed in grams VOC per liter of product as applied (pounds per gallon), less water: Ink 300 (2.5)
Coating 300 (2.5)
Adhesive 150 (1.25)
(b)Work Practices and Emission Limitations for Printing and Cleaning Operations. 1. Any person subject to 310 CMR 7.26(20) shall comply with the work practices of 310 CMR 7.18(31)(e).2. Cleanup solution shall meet the following standards, except that these standards do not apply to incidental materials: a. cleanup solution shall have a VOC composite partial pressure of 25 mm Hg or less at 20°C (68°F); andb. cleanup solution used to clean a letterpress printing press at a midsize or large printer, as of the effective date in 310 CMR 7.26(23)(a)4., shall: i. have a VOC composite partial pressure of less than 10 mm Hg at 20/C (68/F); orii. contain less than 70% VOC by weight.(26)Screen Printing :(a)Ink, Coating, and Adhesive Standards for Midsize and Large Printers: The following standard applies to midsize and large printers. Inks, coatings, and adhesives, except incidental materials, used in screen printing shall meet the following limits for VOC content, expressed in grams VOC per liter of product as applied (pounds per gallon), less water: Ink | 400 (3.3) |
Coating | 400 (3.3) |
Adhesive | 400 (3.3) |
Extreme Performance Ink/Coating | 800 (6.7) |
Metallic Ink | 400 (3.3) |
Conductive Ink | 850 (7.1) |
(b)Work Practices and Emission Limitations for Printing and Cleaning Operations. 1. Any person subject to 310 CMR 7.26(20) shall comply with the work practices of 310 CMR 7.18(31)(e).2. Cleanup solution used in screen printing shall have a VOC composite partial pressure of 5.0 mm Hg or less at 20°C (68°F) except that this standard does not apply to incidental materials.(27)Printers with Heatset Presses or Non-conforming Operations: (a) A printer that emits no more than ten tons of actual VOC emissions facility-wide on a rolling 12 month period based on raw material inputs may operate a heatset press(es) or nonconforming operation(s) without a plan approval or permit pursuant to 310 CMR 7.02(1) or 310 CMR 7.02(9), provided that: 1. with respect to the heatset press(es), the printer operates such presses in compliance with cleanup solution standards set forth in 310 CMR 7.26(24)(c), the fountain solution requirement for web-fed lithographic presses set forth in 310 CMR 7.26(24)(a)1., and applicable recordkeeping requirements set forth in 310 CMR 7.26(28). In addition, the printer shall calculate and keep records of actual VOC and HAP emissions per calendar month based on each VOC and each HAP containing compound used at the facility pursuant to 310 CMR 7.26(28)(c)3.2. with respect to the non-conforming operation(s), the printer operates in compliance with applicable cleanup solution standards set forth in 310 CMR 7.26(25)(b) and 310 CMR 7.26(26)(b), and applicable recordkeeping requirements set forth in 310 CMR 7.26(28). In addition, the printer shall calculate and keep records of actual VOC and HAP emissions per calendar month based on each VOC and each HAP containing compound used at the facility pursuant to 310 CMR 7.26(28)(c)3.(b) A printer that emits no more than ten tons of actual VOCs facility-wide on a rolling 12 month period based on approved control equipment or other enforceable restrictions contained in a plan approval or permit issued pursuant to 310 CMR 7.02(1) or (9), including but not limited to production and operational restrictions, may install one or more heatset presses or non-conforming operations without obtaining a plan approval or permit pursuant to 310 CMR 7.02(1) or (9) for the new press(es) or operation(s) provided that: 1. installation of the new heatset press(es) or non-conforming operation(s) will not result in more than ten tons per year (TPY) of actual VOC emissions facility-wide on a rolling 12 month period based on: a. raw material inputs associated with the new press(es) or operation(s); andb. with respect to existing heatset press(es) or non-conforming operation(s), approved control equipment or other enforceable restrictions, including but not limited to production and operational restrictions; and,2. with respect to the new press(es) or operation(s), the printer complies with the requirements set forth in 310 CMR 7.26(27)(a)1. and 2.(c) A printer that emits more than ten tons of actual VOCs facility-wide on a rolling 12 month period based on raw material inputs or enforceable restrictions contained in a plan approval or permit issued pursuant to 310 CMR 7.02(1) or (9), including but not limited to production and operational restrictions, shall, with respect to heatset press(es) or nonconforming operation(s), comply with the terms and conditions of a plan approval or permit issued pursuant to 310 CMR 7.02(1) or (9), except to the extent applicable requirements of 310 CMR 7.18 or 7.26 become more stringent than those in the plan approval or permit.(d) Notwithstanding 310 CMR 7.26(27)(c), a printer that emits more than ten tons of actual VOCs facility-wide on a rolling 12-month period based on raw material inputs or enforceable restrictions contained in a plan approval or permit issued pursuant to 310 CMR 7.02(1) or (9), including but not limited to production and operational restrictions, need not obtain a plan approval or permit pursuant to 310 CMR 7.02(1) or (9) for existing press(es) or operation(s) provided that: 1. installation of the existing heatset press(es) or non-conforming operation(s) occurred such that the actual VOC emissions facility-wide on a rolling 12 month period based on raw material inputs or enforceable restrictions contained in a plan approval or permit issued pursuant to 310 CMR 7.02(1) or (9) including, but not limited to, production and operational restrictions were less than or equal to ten tons per year; and,2. such presses or operations comply with the requirements set forth in 310 CMR 7.26(27)(a)1. and 2..(28)Recordkeeping: Each printer shall maintain records sufficient to demonstrate compliance. Such records shall be kept on-site for at least five years, and shall be made available to representatives of the Department upon request. Such records shall include, but are not limited to, the following: (a) Each small printer or very small printer shall maintain:1. monthly purchase or usage records sufficient to demonstrate that the printer is a small printer or very small printer, including but not limited to records concerning cleanup solutions, alcohol, inks, coatings, adhesives and incidental materials, excluding waterbased inks/coatings/ adhesives, electron beam inks, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing;2. records demonstrating that cleanup solutions are in compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) according to EPA test method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOC composite partial pressure as defined in 310 CMR 7.00; and,3. for water-based inks/coatings/adhesives, electron beam inks, ultraviolet inks, and plastisol inks, SDSs or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, electron beam, or plastisol as applicable.(b) Each midsize printer shall maintain: 1. monthly purchase or usage records sufficient to demonstrate that the printer is a midsize printer, including but not limited to records concerning cleanup solutions, inks, coatings, adhesives, electron beam inks, and incidental materials, excluding water-based inks/coatings/adhesives, electron beam inks, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing;2. records demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) according to EPA test method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOC composite partial pressure as defined in 310 CMR 7.00;3. records of the percent by weight of VOC in fountain solution as determined each time alcohol or alcohol mix is used to mix a new batch of fountain solution and each time it is added to fountain solution on-press, based on analytical data, and the proportions of the constituents mixed;4. the daily temperature of fountain solutions required to be refrigerated pursuant to 310 CMR 7.26(24)(a)2.b. when alcohol content is greater than 5% by weight;5. records of the percent by weight of alcohol substitutes in fountain solution as determined each time alcohol substitutes are used to mix a new batch of fountain solution and each time alcohol substitutes are added to fountain solution on-press, based on analytical data, and the proportions of the constituents mixed;6. for water-based inks/coatings/adhesives, electron beam inks, ultraviolet inks, and plastisol inks, SDSs or other records demonstrating that the ink/coating/adhesive is water-based, electron beam, ultraviolet, or plastisol as applicable; and,7. printers using alcohol-free fountain solution on web-fed or sheetfed non-heatset offset lithographic printing presses, records (e.g., SDSs) demonstrating that the fountain solution constituents are alcohol-free.(c) Each large printer shall maintain: 1. monthly purchase or usage records sufficient to demonstrate that the printer is a large printer including, but not limited to, records concerning cleanup solutions, inks, coatings, adhesives and incidental materials, excluding water based inks/coatings/adhesives, electron beam inks, ultraviolet inks, plastisol inks, and inks used in non-heatset offset lithographic printing;2. records demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with applicable standards set forth in 310 CMR 7.26(20) through (29) according to EPA test method 24 or 24A, as applicable, or an equivalent test methodology as determined by the Department and EPA, and appropriate documentation indicating compliance with the VOC composite partial pressure as defined in 310 CMR 7.00;3. a calculation of actual emissions per calendar month based on all VOC and each HAP containing compound used at the facility. VOC emissions from non-heatset, nonvegetable-based inks used in lithography shall be calculated by assuming that 5% of the inks' VOCs are emitted to the atmosphere and 95% are retained in the paper. VOC emissions from heatset, non-vegetable-based inks used in lithography shall be calculated by assuming that 80% of the inks' VOCs are emitted to the atmosphere and 20% are retained in the paper. VOC emissions from vegetable-based inks used in lithography shall be calculated by assuming that none of the inks' VOCs are emitted to the atmosphere are 100% are retained in the paper. VOC emissions from cleaning materials in shop towels shall be calculated by assuming that 50% of the VOCs are emitted to the atmosphere and 50% are retained in the towels, only if VOC composite vapor pressure of the cleaning material is less than 10 mm Hg at 20°C and cleaning materials and used ship towels are kept in closed containers.4. the percent by weight of VOC in fountain solution as determined each time alcohol or alcohol mix is used to mix a new batch of fountain solution and each time it is added to fountain solution on-press, based on analytical data and the proportions of the constituents mixed;5. the daily temperature of fountain solutions required to be refrigerated pursuant to 310 CMR 7.26(24)(a)2.b. when alcohol content is greater than 5% by weight;6. records of the percent by weight of alcohol substitutes in fountain solution as determined each time alcohol substitutes are used to mix a new batch of fountain solution and each time alcohol substitutes are added to fountain solution on-press, based on analytical data, and the properties of the constituents mixed.7. for water-based inks/coatings/adhesives, ultraviolet inks, electron beam inks, and plastisol inks, MSDSs or other records demonstrating that the ink/coating/adhesive is water-based, ultraviolet, electron beam, or plastisol as applicable; and,8. printers using alcohol-free fountain solution on web-fed or sheetfed non-heatset offset lithographic printing presses, records (e.g., SDSs) demonstrating that the fountain solution constituents are alcohol-free.(29)Compliance Certification Requirement:(a) Beginning on September 15, 2006, each printer, except very small printers, shall submit to the Department a compliance certification on a form prescribed by the Department, in accordance with 310 CMR 70.00: Environmental Results Program Certification and 310 CMR 7.26(29). As part of the certification, each large printer shall submit information the Department may specify, including: 1. the nature and amounts of emissions from the facility,2. information which may be needed to determine the nature and amounts of emissions from the facility, and3. any other information pertaining to the facility which the Department requires.(b)1. If, during the course of the certification period, a printer installs a new printing press or makes operational changes which will cause a modification of its size classification, the printer shall, within 60 days of operation of the new press or actual operational changes respectively, notify the Department in writing. Such printer shall comply with 310 CMR 7.26(20) through (29) based on the applicable new size classification as soon as the new press is operating or the operational change is made. 2. If, on March 9, 2020, a printer that formerly met the definition of a very small printer or small printer meets the definition of a midsize printer or a large printer, the printer shall, on or before March 9, 2020, notify the Department in writing. Such printer shall comply with 310 CMR 7.26(20) through (29) based on the applicable new size classification on and after March 9, 2020.(c) If, during the course of the certification period, a printer relinquishes an existing plan approval in accordance with 310 CMR 7.26(23)(a)2., then within 30 days of such change the printer shall notify the Department in writing.(30)U Boilers - Applicability. Except as provided in 310 CMR 7.26(30)(a) and (b), the provisions of 310 CMR 7.26(30) through (37) apply to any person who owns or operates a boiler installed on or after September 14, 2001, with a heat input rating equal to or greater than 10,000,000 Btu per hour, but less than 40,000,000 Btu per hour. Complying with the criteria in 310 CMR 7.26(30) through (37) does not relieve the owner or operator from his or her applicability to the requirements of 40 CFR 60 Subpart Dc - Standards of Performance for Small Industrial - Commercial Steam Generating Units, 40 CFR 63 Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, or 40 CFR 63 Subpart JJJJJJ - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources.(a) The provisions of 310 CMR 7.26(30) through (37) do not apply to any person who is an owner or operator of a facility:1. who proposes to install a wood fuel-fired boiler with a heat input rating equal to or greater than 10,000,000 Btu per hour, but less than 40,000,000 Btu per hour; however, 310 CMR 7.02(5) does apply; or2. who installs a temporary boiler in accordance with 310 CMR 7.03(23).(b) If installation of a boiler would cause the facility to be subject to 310 CMR 7.00: Appendix C, or to exceed an emission cap contained in a written Department approval, or notification pursuant to 310 CMR 7.02(11), or become subject to Non-attainment Review at 310 CMR 7.00: Appendix A or PSD (40 CFR 52.21) , the person who is an owner or operator of the facility shall, as applicable: 1. file either a Limited Plan Application pursuant to 310 CMR 7.02(4) or Comprehensive Plan Application pursuant to 310 CMR 7.02(5) to increase the facilitywide cap or to establish an emission cap to avoid applicability to Non-Attainment Review at 310 CMR 7.00: Appendix A, Operating Permit and Compliance Program at 310 CMR 7.00: Appendix C or federal PSD (40 CFR 52.21); or2. comply with 310 CMR 7.26(30) through (37) and comply with the requirements of Non-Attainment Review at 310 CMR 7.00: Appendix A, the Operating Permit and Compliance Program at 310 CMR 7.00: Appendix C and federal PSD (40 CFR 52.21) as applicable; or3. comply with 310 CMR 7.26(30) through (37) and submit a notification establishing an emission cap under 310 CMR 7.02(11), or a higher emissions cap under 310 CMR 7.02(11) where the installation would otherwise violate an emissions cap pursuant to 310 CMR 7.02(11); or4. comply with 310 CMR 7.26(30) through (37) and comply with the requirements of 310 CMR 7.02(10): Modification of a Restricted Emission Status (RES).(c) Any person who is the owner/operator of a boiler installed in accordance with 310 CMR 7.26(30) shall continue to comply with 310 CMR 7.26(31) and (33) through (37) even if the facility later becomes subject to 310 CMR 7.00: Appendix C.(31)DEFINITIONS. Terms used in 310 CMR 7.26(30) through (37) are defined in 310 CMR 7.00 or in 310 CMR 7.26(31). Where a term is defined in both 310 CMR 7.00 and in 310 CMR 7.26(31), the definition in 310 CMR 7.26(31) is applicable. ADJACENT STRUCTURE means a structure that is within 5L of the stack. 5L means five times the lesser dimension (height or maximum projected width) of the structure.
AUTOMATED COMBUSTION CONTROL SYSTEM means a system that self adjusts burner/boiler operation to maximize energy efficiency. It must include at least the following capabilities: fuel/air ratio adjusted automatically, fuel flow metered/monitored, and continuous monitoring of nitrogen oxides (NOx) and carbon monoxide.
BOILER means a device that combusts any fuel and produces steam or heats water.
DISTILLATE FUEL OIL for the purposes of 310 CMR 7.26(30) means fuel oil that complies with the specifications for fuel oil numbers 1 or 2 as defined by the American Society for Testing and Materials in ASTM D396-98, "Standard Specification for Fuel Oil" dated September 1998 and has a sulfur content not to exceed 0.05% by weight or D6751 for bio-diesel and has a sulfur content not to exceed 0.0015% by weight.
INSTALL or INSTALLATION as used in 310 CMR 7.26(30) means to set an emission unit in position for use. A relocation of a previously approved boiler, provided that it is relocated within the facility or to a contiguous property, owned and operated by the same owner is not an installation.
ULTRA-LOW SULFUR DISTILLATE FUEL OIL (ULSD) means any fuel oil or other fuel, excluding used oil fuel and hazardous waste fuel, which complies with the applicable U.S. Environmental Protection Agency sulfur limits for fuel pursuant to 40 CFR 80.29, 40 CFR 80.500, and 40 CFR 80.520(a) and (b) as in effect on January 18,2001 and either complies with the specifications for fuel oil numbers 1 or 2 as defined by the American Society for Testing and Materials (ASTM) in ASTM D-396-98 or D6751 for bio-diesel.
SUPPLIER means a person or persons who manufactures, provides, assembles, or installs for use a boiler subject to 310 CMR 7.26(30) through (37) for the person who is the owner or operator.
(32)Certification.(a) An owner or operator of a boiler subject to 310 CMR 7.26(30) shall submit to the Department an initial compliance certification form within 60 days of the date on which the boiler commences operation.(b) Effective December 28, 2007, prior to installation and operation, a person who is an owner or operator of a boiler subject to 310 CMR 7.26(30) shall certify to the Department, in compliance with 310 CMR 70.00, that the boiler is in compliance with 310 CMR 7.26(30) through (37).(33)Fuel of Use/Emission Limitations. (a)Fuel of Use. 1. Only natural gas and distillate fuel oil(s) may be used, as specified in 310 CMR 7.26(33)(a)2. through (a)4. Used oil fuel and Hazardous Waste Fuel as defined under 310 CMR 30.000 cannot be burned in boilers subject to 310 CMR 7.26(30).2. NATURAL GAS - Prior to July 1, 2009: a. a boiler subject to 310 CMR 7.26(30) shall burn natural gas as the primary fuel of use where the boiler is located on a property adjacent to a street or sidewalk underlain by a natural gas pipeline having sufficient pressure and capacity to supply natural gas to the boiler.b. a natural gas fired boiler may burn distillate fuel oil for a maximum of 180 days per calendar year. Total annual distillate fuel use (gallons/year) is calculated by multiplying 90 days/yr x 24 hours/day x maximum firing rate (gals/hour) per boiler. Records must be established and maintained up to date in accordance with 310 CMR 7.26(36): Recordkeeping and Reporting.3. DISTILLATE - Prior to July 1, 2009, a boiler subject to 310 CMR 7.26(30) may burn distillate fuel oil as the primary fuel of use when conditions for natural gas use, as specified in 310 CMR 7.26(33)(a)2., cannot reasonably be met.4. On and after July 1, 2009, there is no restriction on the gallons of distillate fuel oil burned in a boiler subject to 310 CMR 7.26(30) through (37). The owner or operator of a boiler subject to 310 CMR 7.26(30) shall accept for delivery only natural gas or ultralow sulfur distillate fuel oil.5. On and after July 1, 2009, an owner or operator of a boiler subject to 310 CMR 7.26(30) shall accept for delivery only natural gas or ultra-low sulfur distillate fuel oil.(b)Emission Limitations. Each boiler shall comply with the following emission limitations in pounds per million Btu heat input for the fuel of use. POLLUTANT | Fuel of Use | Emission limitation (lbs. per million Btu) |
Nitrogen Oxides | Natural Gas | 0.0350 |
Distillate | 0.150 |
Ultra-low Sulfur Distillate |
Fuel Oil |
Particulate Matter | Natural Gas | 0.010 |
Distillate and Ultra-low Sulfur Dis | tillate 0.020 |
Fuel Oil |
Carbon Monoxide | Natural Gas | 0.080 |
Distillate and Ultra-low Sulfur Dist | illate 0.080 |
Fuel Oil |
Volatile Organic Compounds | Natural Gas | 0.030 |
Distillate and Ultra-low Sulfur Dist | illate 0.030 |
Fuel Oil |
(c) The sulfur dioxide emissions are limited by the sulfur content of the distillate fuel oil. The sulfur content of the distillate fuel oil is limited to 0.05% by weight and the sulfur content of the ULSD fuel oil is limited to 0.0015% by weight.(d) The carbon monoxide emission limitation specified in 310 CMR 7.26(33)(b) does not apply to high turndown boilers while operating at less than 25% of the maximum input rating.(e) Visible Emissions (excluding water vapor) may not exceed 10% opacity at any time during boiler operation.(34)Operational Requirements. (a) The boiler and appurtenances shall be operated in accordance with the manufacturer's standard operating and maintenance procedures.(b) A boiler tune-up shall be performed annually. A boiler tune-up shall include an inspection for proper operation, any other maintenance recommended by the manufacturer, and an efficiency test. An efficiency test shall include at least a smoke spot reading, flue gas temperature measurement and a measure of carbon dioxide, oxygen, and carbon monoxide. A written record of the efficiency test and any maintenance performed shall be kept on-site in accordance with the record keeping provisions contained 310 CMR 7.26(36).(c) Fuel additives shall only be used in accordance with the manufacturer's instructions.(35)Stack Requirements. (a) Minimum stack height shall be 1.5 times the height of the building on which the stack is located. If the stack height is:1. lower than 1.5 times the building height; or2. lower than the height of an adjacent structure, an EPA Guideline air quality model shall be run to document that the operation of the applicable boiler(s) will not cause National Ambient Air Quality Standards exceedances. The air quality model documentation must be retained on-site for as long as the boiler(s) are operational.(b) Stacks shall not be equipped with rain protection of a type that restricts the vertical exhaust flow of the combustion gases as they are emitted to the ambient air. "Shanty caps", "egg beaters" and the like are prohibited.(c) The stack shall be configured to discharge the combustion gases vertically upwards.(36)Recordkeeping and Reporting.(a) A recordkeeping system shall be established and implemented onsite and shall provide sufficient detail to document compliance.(b) Recordkeeping shall include the following:1. dates of boiler installation and first operation;2. a monthly record of fuel type, fuel additives, fuel usage in gallons or cubic feet, and sulfur content, as certified by the fuel supplier;3. a written record of all tune-ups, including inspections, maintenance, and results of the efficiency tests, and;4. all purchase orders and invoices related to boiler combustion or emission rate.(c) Documentation shall be maintained onsite that the boiler and its appurtenances, as designed and installed, will comply with the emission limitations when operated in accordance with the manufacturer's instructions. This documentation, including the manufacturer's operating instructions, shall be retained for as long as the boiler operates.(d) All records shall be maintained up-to-date such that year-to-date information is readily available for Department examination. Records shall be kept for at least three calendar years.(e) The person who is the owner or operator of an applicable boiler is subject to the reporting requirements of 310 CMR 7.12: U Source Registration.(37)Prohibitions. (a) Concealing of emissions is prohibited.(b) Removal of air pollution control or monitoring equipment is prohibited.(c) Natural draft rotary cup burners are prohibited.(40)Engines and Combustion Turbines.(a)Engines and Turbines. For engines and turbines installed on and after March 23, 2006, the owner/operator of:1. An emergency engine or turbine shall comply with the requirements of 310 CMR 7.26(42).2. Any other engine or turbine shall comply with the requirements of 310 CMR 7.26(43) or 7.02(5), except that an engine or turbine in a CHP operation may comply with 310 CMR 7.26(45) if it meets the requirements of 310 CMR 7.26(45).(b)Exceptions.310 CMR 7.26(40) through (45) shall not apply to: 1. An engine that is operated as a nonroad engine as defined under 40 CFR 1068.30.2. Any construction or major modification that would be subject to Prevention of Significant Deterioration (PSD) review, or Emission offsets and Non-attainment Review at 310 CMR 7.00: Appendix A, with respect to the installation of the engine or turbine.(41)DEFINITIONS. Terms used in 310 CMR 7.26(40) through (45) are defined in 310 CMR 7.00 and 7.26(41). When a term is defined in both 310 CMR 7.00 and 7.26(41), the definition in 310 CMR 7.26(41) shall govern. Applicable Model Year means the model year that corresponds to the calendar year in which the engine is installed.
Combined Heat and Power (CHP) means a system consisting of an engine or turbine in combination with a heat recovery system such as a boiler that sequentially produces both electric power and thermal energy for use.
Design System Efficiency means the sum of the full load design thermal output and electric output divided by the heat input, all in consistent units of measurement.
Emergency means an electric power outage due to failure of the electrical supply, in whole or in part, on-site disaster, local equipment failure, flood, fire, or natural disaster. Emergency shall also mean when the imminent threat of a power outage is likely due to failure of the electrical supply.
Engine means spark ignition (SI) or compression ignition (CI) stationary reciprocating internal combustion engine.
Install or Installation as used in 310 CMR 7.26(42) and (43), means to set an emission unit in position for use. Relocating a previously approved engine or turbine within the same facility or to a contiguous property owned and operated by the same owner is not an installation.
Model Year means the calendar year in which the engine was originally produced, or the annual new model production period of the engine manufacturer if it is different than the calendar year. Model Year shall include January 1st of the calendar year for which the model year is named. Model Year shall not begin before January 2nd of the previous calendar year, and it shall end by December 31st of the named calendar year. For an engine that is converted to a stationary engine after being placed into service as a non-road or other non-stationary engine, MODEL YEAR means the calendar year or new model production period in which the engine was originally produced.
Power-to-heat Ratio means the design electrical output divided by the design-recovered thermal output in consistent units of measurement.
Rated Power Output means the maximum mechanical power output stated on the nameplate affixed to the engine or turbine by the manufacturer.
SUPPLIER means a person that manufactures, assembles, or otherwise supplies engines or turbines.
Turbine means a stationary combustion turbine.
(42)Emergency Engines and Emergency Turbines. (a)Applicability. 310 CMR 7.26(42) shall apply to any person who owns or operates an engine with a rated power output equal to or greater than 37 kW or a turbine with a rated power output less than one MW, that is installed on and after March 23, 2006, if said engine or turbine complies with 310 CMR 7.26(42).(b)Emission Limitations. The owner/operator of an engine or turbine subject to 310 CMR 7.26(42) shall comply with the emission limitations and documentation as follows:1. Engines installed before March 9, 2018, shall comply with the applicable model year emission limitations set by EPA for nonroad compression ignition engines (40 CFR 89 as in effect October 23, 1998) at the time of the engine installation.2. Engines installed on and after March 9, 2018 shall comply with the applicable model year emission limitations set by EPA in Standards of Performance for New Stationary Sources for emergency compression ignition reciprocating engines under 40 CFR 60 Subpart IIII.3. The owner/operator of an engine subject to the requirements of 310 CMR 7.26(42)(b)1. and 2. shall obtain from the supplier a statement that a certificate of conformity has been obtained from the Administrator.a. For an engine installed on or before March 9, 2018 pursuant to 40 CFR 89.105 as in effect October 23, 1998, any engine certified under EPA nonroad standards is automatically certified to operate as an emergency engine pursuant to 310 CMR 7.26(42).b. For a spark ignition engine, a letter or other documentation from the supplier stating that the engine meets the applicable emission limitation shall satisfy the certificate of conformity requirement in 310 CMR 7.26(42)(b)3.4. A turbine with a rated power output less than one MW shall comply with the emission limitations contained in 310 CMR 7.26(42): Table 1. Table 1.
Emission Limitations - Emergency Turbines
Rated Power Output | Oxides of Nitrogen |
< 1 MW | 0.60 pounds/MWh |
(c)Fuel Requirements. No person shall accept delivery for burning in any engine or turbine subject to 310 CMR 7.26(42) diesel or any other distillate fuel that does not meet the sulfur content limits for fuel in 310 CMR 7.05.(d)Operational Requirements. Any person who owns or operates an engine or turbine subject to 310 CMR 7.26(42) shall comply with the following requirements: 1.Operation and Maintenance.a. An engine or turbine shall operate only:1. for up to 100 hours per calendar year, or as otherwise approved by EPA, for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine;2. as part of the 100 hours, for up to 50 hours per calendar year for nonemergency situations; andb. Additional limitations and conditions may apply, including but not limited to 40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60 , Subpart JJJJ; and 40 CFR Part 60, Subpart IIII.c. A non-turn-back hour counter shall be installed, operated and maintained in good working order on each unit.2.SOUND. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7.10.3.Stack Height and Emission Dispersion.a. All engines or turbines shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)) . i. Exhaust stacks shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that impedes the vertical exhaust flow of the emitted combustion gases.ii. Any emission impacts of exhaust stacks upon sensitive receptors including, but not limited to, people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation:(i) Avoiding locations that may be subject to downwash of the exhaust; and(ii) Installing a stack of sufficient height in locations that will prevent and minimize flue gas impacts upon sensitive receptors.b. An engine or turbine with a rated power output equal to or greater than 300 kW, shall have an exhaust stack with a minimum stack height of ten feet above the facility rooftop or the emergency engine or turbine enclosure, whichever is lower.c. An engine with a rated power output equal to or greater than one MW shall be equipped with a exhaust stack with a minimum stack height of 1.5 times the height of the building on which the stack is located. If the stack is lower than 1.5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), the owner/operator shall submit documentation that the operation of the engine or turbine will not cause an exceedance of any National Ambient Air Quality Standard.5.VISIBLE EMISSIONS. Engines and turbines shall comply with all the requirements of 310 CMR 7.06(1)(a) and (b).(e)Emission Certification, Monitoring and Testing. 1.Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7.26(42) in its entirety in accordance with the provisions of 310 CMR 70.00: Environmental Results Program Certification. Certification shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the first three years of operation. A one-time certification shall be made to the Department within 60 days of commencement of operation. An annual certification is not required.
2.Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(42).3.Testing. Any testing when required shall comply with the following: a. Tests to certify compliance with emission limitations shall be performed in accordance with EPA reference Methods, California Air Resources Board Methods approved by EPA, or equivalent methods as approved by the Department and EPA. b. Particulate matter from reciprocating engines using liquid fuel shall be determined using Method 8178 D2 of the International Organization for Standardization.c. The Department may require emission or other testing to assure compliance with the emission limitations or fuel requirements.(f)Recordkeeping and Reporting. The owner/operator shall maintain records described in 310 CMR 7.26(42)(f)1. through 4. Such records shall be maintained on site or for remote locations, at the closest facility where records can be maintained and shall be made available to the Department or its designee upon request. The owner/operator shall certify that records are accurate and true in accordance with 310 CMR 7.01(2)(a) through (c). 1. Information on equipment type, make and model, and rated power output;2. A log of operations, including date, time and duration of operation and reason for each start per 310 CMR 7.26(42)(d)1., fuel type and supplier;3. Purchase orders, invoices, and other documents to substantiate information in the log; and4. Copies of all certificates and documents from the manufacturer related to certificates.(43)Engines and Turbines.(a)Applicability. 310 CMR 7.26(43) in its entirety shall apply to any person who owns or operates an engine with a rated power output equal to or greater than 50kW or a turbine with a rated power output less than or equal to ten MW that is installed on or after March 23, 2006, except:. 1. Engines and turbines subject to 310 CMR 7.26(42) are not subject to the requirements of 310 CMR 7.26(43).2. The owner/operator of any engine or turbine subject to 310 CMR 7.26(43) may comply with the requirements of 310 CMR 7.02(5)(c) for such unit in lieu of complying with the requirements of 310 CMR 7.26(43).3. The owner/operator of a turbine with a rated output of less than one MW burning fuel oil, or greater than ten MW burning any fuel, shall comply with the requirements of 310 CMR 7.02(5)(c) for such unit.4. On and after January 17, 2009, any owner/operator who constructs, substantially reconstructs or alters an engine or turbine that is part of a combined heat and power system, may satisfy 310 CMR 7.26(43)(b) by complying with the requirements of 310 CMR 7.26(45).(b)Emission Limitations. An owner/operator of an engine or turbine subject to 310 CMR 7.26(43) shall comply with the emission limitations established in 310 CMR 7.26(43): Table 1, 2 and 3. Table 1
Emission Limitations - Engines
Installation Date | Oxides of Nitrogen | Particulate Matter (Liquid Fuel Only) | Carbon Monoxide |
On and after 3/23/06 | 0.6 lbs/MWh/megawatt-hour (MWh) | # 1MW 0.7 lbs/MWh; > 1 MW 0.09 lbs/MWh | 10 lbs/MWh |
On and after 1/1/08 | 0.3 lbs/MWh | 0.07 lbs/MWh | 2 lbs/MWh |
On and after 1/1/12 | 0.15 lbs/MWh | 0.03 lbs/MWh | 1 lb/MWh |
Table 2
Emission Limitations - Turbines
Rated Power Output | Oxides of Nitrogen | Ammonia | Carbon Monoxide |
Less than 1 MW | 0.47 lbs/MWh Natural Gas | N/A | 0.47 lbs/MWh Natural Gas |
1 to 10 MW | 0.14 lbs/MWh Natural Gas 0.34 lbs/MWh Oil | 2.0 ppm 15% O2 Dry Basis | 0.09 lbs/MWh Natural Gas 0.18 lbs/MWh Oil |
Table 3
Emission Limitations - Engines and Turbines
Installation Date | Carbon Dioxide |
On and after 3/23/06 | 1900 lbs/MWh |
On and after 1/1/08 | 1900 lbs/MWh |
On and after 1/1/12 | 1650 lbs/MWh |
(c)Fuel Requirements. No person shall accept delivery for burning in any engine or turbine subject to 310 CMR 7.26(43) diesel or any other distallate fuel that does not meet the sulfur content limit for fuel pursuant to 310 CMR 7.05.(d)Operational Requirements. Any person who owns or operates an engine or turbine subject to 310 CMR 7.26(43) shall comply with the following operational requirements:1.Operation and Maintenance. The engine or turbine shall be operated and maintained in accordance with the manufacturers recommended operating and maintenance procedures.2.SOUND. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7.10.3.Stack Height and Emission Dispersion.a. An engine or turbine shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)) . The exhaust stack shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that impedes the vertical exhaust flow of the emitted combustion gases. Any emission impacts of exhaust stacks upon sensitive receptors such as people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation: i. Avoiding locations that may be subject to downwash of the exhaust.ii. Installing s stack of sufficient height in a location that will prevent and minimize flue gas impacts upon sensitive receptors.b. Engines and turbines burning liquid fuel and with a rated power output of less than 300 kW shall be equipped with an exhaust stack with a minimum stack height of five feet above the rooftop or the engine or turbine enclosure, whichever is higher.c. Engines and turbines with a rated power output equal to or greater than 300kW, shall be equipped with an exhaust stack with a minimum stack height of ten feet above the rooftop or the engine or turbine enclosure, whichever is higher.d. Engines and turbines with a rated power output equal to or greater than one MW shall be equipped with an exhaust stack with a minimum stack height of 1.5 times the height of the building on which the stack is located. If the stack is lower than 1.5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), the owner/operator shall submit documentation that the engine or turbine will not cause an exceedance of any National Ambient Air Quality Standard.4.VISIBLE EMISSIONS. Engines and turbines shall comply with all the requirements of 310 CMR 7.06(1)(a) and (b).(e)Emission Certification, Monitoring and Testing.1.Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7.26(43) in its entirety in accordance with the provisions of 310 CMR 70.00: Environment Results Program Certification. Certification by such person shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the lesser of 15,000 hours of operation or the first three years of operation. A one time certification shall be submitted to the Department 30 days prior to commencement of operation. An annual certification is not required.
2.Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(43).3.Testing. Any testing when required shall comply with the following: a. Tests to certify compliance with emission limitations must be performed in accordance with EPA reference Methods, California Air Resources Board Methods as approved by EPA, or equivalent methods as approved by the Department and EPA.b. Particulate matter, from liquid fuel reciprocating engines, shall be determined using Method 8178 D2 of the International Organization for Standardization.c. The Department may require emission or other testing to assure compliance with the emission limitations or fuel requirements.(f)Record Keeping and Reporting. The owner/operator shall maintain records described in 310 CMR 7.26(43)(f)1. through 3. Such records shall be made available to the Department or its designee upon request. The owner/operator shall certify that records are accurate and true in accordance with 310 CMR 7.01(2)(a) through (c). 1. Information on equipment type, make and model, and maximum rated power output;2. Fuel type and supplier; and3. Copies of certificates and documents from the manufacturer related to certificates.(44)Change in Operational Status. An owner/operator of an engine or turbine subject to the requirements of 310 CMR 7.26(42): Emergency Engines and Turbines may elect to operate as a non-emergency engine or turbine by complying with either of the two following methods. (a) Submit an application and receive approval under the requirements of 310 CMR 7.02(5); or(b) Certify to the Department that the engine or turbine meets all applicable requirements of 310 CMR 7.26(43).(45)Combined Heat and Power (CHP). The purpose of 310 CMR 7.26(45) is to encourage the installation of CHP systems. A methodology is set forth whereby emission credits are utilized in determining compliance of a CHP installation with the emission limitations contained in 310 CMR 7.26(43)(b). (a)Eligibility. CHP installations shall meet the following requirements to be eligible for emission credits related to thermal output:1. The power-to-heat ratio shall be between 4.0 and 0.15.2. The design system efficiency shall be at least 55%.3. The CHP project shall comply with the requirements of 310 CMR 7.02(5)(c).4. The engine shall have a rated power output equal to or greater than 50 kW or the turbine shall have a rated power output less than or equal to ten MW.(b)Emission Credits . A CHP system that meets the requirements in 310 CMR 7.26(45)(a) may receive a compliance credit against its actual emissions based on the emissions that would have been created by a conventional separate system used to generate the same thermal output. The credit will be subtracted from the actual CHP system emissions for the purpose of calculating compliance with the emission limitations contained in 310 CMR 7.26(43)(b). The credit will be calculated according to the following assumptions and procedures: 1. The emission rates for the displaced thermal system (e.g. boiler) shall be: a. For CHP installed in new facilities, the emissions limits applicable to new natural gas-fired boilers in 310 CMR 7.26(33) in lb/MMBtu.b. For CHP systems that replace existing thermal systems for which historic emission rates can be documented, the historic emission rates in lbs/MMBtu, but not more than: Emissions | Maximum Rate |
Nitrogen oxides | 0.3 lbs/MMBtu |
Carbon monoxide | 0.08 lbs/MMBtu |
Carbon dioxide | 117 lbs/MMbtu |
2. The emission rate of the thermal system in lbs/MMBtu will be converted to an output-based rate by dividing by the thermal system efficiency. For new systems, the efficiency of the avoided thermal system will be assumed to be 80% for boilers or the design efficiency of other process heat systems. If the design efficiency of the other process heat system cannot be documented, an efficiency of 80% will be assumed. For retrofit systems, the historic efficiency of the displaced thermal system can be used if that efficiency can be documented and if the displaced thermal system is enforceably shut down and replaced by the CHP system, or if its operation is measurably and enforceably reduced by the operation of the CHP system.3. The emissions per MMBtu of thermal energy output shall be converted to emissions per MWh of thermal energy by multiplying by 3.412 MMBtu/MWhthermal.4. The emissions credits in lbs/MWhthermal, as calculated in 310 CMR 7.26(45)(b)3., shall be converted to emissions in lbs/MWhemissions by dividing by the CHP system power-to-heat ratio.5. The credit, as calculated in 310 CMR 7.26(45)(b)4., shall be subtracted from the actual emission rate of the CHP system to produce the emission rate for compliance purposes.6. The mathematical calculations set forth in 310 CMR 7.26(45)(b)1. through 4. are expressed in the following formula: Click here to view image
7. The amount of credit allowed for oxides of nitrogen shall be limited such that total emissions from the CHP system shall be no greater than the sum of emissions from two separate systems producing the amount of electrical and thermal output.(50)Outdoor Hydronic Heaters - Applicability. (a)310 CMR 7.26(50) through (54) applies to any person who owns, operates, manufactures, supplies, distributes or sells, or any person who intends to distribute or sell, or market an outdoor hydronic heater for use in the Commonwealth of Massachusetts (Commonwealth), except outdoor hydronic heaters rated with a heat input of one MMBtu/hr or greater that are subject to the Comprehensive Plan Application provisions at 310 CMR 7.02(5)(a)4.(b) In addition to 310 CMR 7.26(50) through (54), Outdoor hydronic heaters may also be required to comply with other regulations governing design, manufacture and installation of boilers, including, but not limited to:1.522 CMR 5.00, Heating Boilers;2.522 CMR 6.00, Low-pressure Heating Boilers;3.527 CMR 4.00, Oil Burning Equipment, for outdoor hydronic heaters that are dual fuel units; and4. 780 CMR 6007, Solid Fuel-burning Appliances of the State Building Code.(51)DEFINITIONS. The following words and phrases shall have the following meanings as they appear in 310 CMR 7.26(50) through (54). Where a term is defined in 310 CMR 7.00 and the definition also appears in 310 CMR 7.26(51) for purposes of 310 CMR 7.26(50) through (54) interpretation, the definition found in 310 CMR 7.26(51) shall govern. At Retail means the sale by a commercial proprietor of an outdoor hydronic heater.
CLEAN WOOD means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
Commercial-size Outdoor Hydronic Heater means a heater with a rated thermal output greater than 350,000 Btu/hr and a heat input design capacity less than one MMBtu/hr as rated by the test method identified in 310 CMR 7.26(54)(c)2.
Distribute or Sell means to distribute, sell, advertise for sale, offer for sale, lease, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver for use in the Commonwealth.
EPA's ETV Program means U.S. Environmental Protection Agency's Environmental Technology Verification Program.
Executive Summary means a report submitted to the Department that summarizes the results of testing compiled using tables 1, 2a and 2b, heating season and year-round weighted average, respectively, as incorporated in the EPA test method 28 for outdoor hydronic heaters for the applicable particulate matter standards.
Existing Unit or Existing Outdoor Hydronic Heater means an outdoor hydronic heater that is contracted to be paid in full, or installed and/or operated at the intended location of use prior to December 26, 2008.
Heater Efficiency means the ratio of the delivered useful heat output measured by the prescribed test method referenced in 310 CMR 7.26(54)(c)2. to the calculated heat input of the hydronic heater measured by the same test method.
Heating Season means the period beginning October 1st and ending May 15th.
Manufactured means built and operational, and subsequently ready for shipment (whether packaged or not).
MANUFACTURER means any person who constructs or imports into the United States an outdoor hydronic heater for use in the Commonwealth.
Model means all outdoor hydronic heaters offered for distribution or sale by a single manufacturer that are the same design and output capacity.
OPACITY means the degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background.
Outdoor Hydronic Heater (OHH) or Heater means a fuel burning device:
(a) designated to burn wood or other approved solid fuels;(b) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and(c) heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. Operator means any person who owns or operates an outdoor hydronic heater in the Commonwealth.
Particulate Matter or PM means the total particulate matter measured in accordance with the test methods specified in 310 CMR 7.26(54)(c)2.
Residential-size Outdoor Hydronic Heater means a heater with a rated thermal output of 350,000 Btu/hr or less as rated by the test method identified in 310 CMR 7.26(54)(c)2.
Sale means the transfer of ownership or control.
Seller means any person who distributes or sells an outdoor hydronic heater for use in the Commonwealth.
Similar in All Material Respects means that the construction materials, exhaust and inlet air system, and other design features are within the allowed tolerances for components identified in 310 CMR 7.26(54)(e)1.
Startup Period means the time period beginning with flame stability after first charge of wood fuel or other approved solid fuel and is no longer than a two-hour duration. 310 CMR 7.26: Startup Period only includes initial startup where no previous coal bed exists. This does not include refueling.
(52)Requirements for Operators. (a) On and after December 26, 2008 no person shall:1. Purchase, install or allow the installation of an outdoor hydronic heater unless it has been certified in accordance with 310 CMR 7.26(54)(a) to meet the applicable emission standard set forth in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b).2. Site or install a residential-size outdoor hydronic heater that meets the emission standard at 310 CMR 7.26(53)(a), unless it is installed at least 50 feet from any property line and 75 feet from any occupied dwelling that it is not serving at the time of installation.3. Site or install a commercial-size outdoor hydronic heater that meets the emission standard defined in 310 CMR 7.26(53)(b), unless it is installed at least 275 feet or more from any property line and 300 feet from any occupied dwelling that it is not serving, at the time of installation, unless a variance has been granted pursuant to 310 CMR 7.26(52)3.a. through d. from the setback to the property line that allows a shorter distance than 275 feet. a.Variance Procedure. An application for a variance from the setback to the property line shall be submitted to the Department by the owner prior to installation of the unit. The Department will not grant a variance from the required distance of 300 feet to the nearest occupied dwelling.b. Prior to submitting an application to the Department, the applicant shall, at its sole expense, notify the following groups by certified mail of the request for a variance: i. residents of any occupied dwelling within 500 feet of the proposed location of the unit;ii. the board of health of the municipality in which the unit is to be located; and iii. the board of health of the adjacent municipality if the unit is within 500 feet of an adjacent municipality.c.Application Requirements. In the application for a variance, the owner shall:i. Show that meeting the setback is not feasible, based solely on the size and configuration of the property on which the unit is to be installed. Feasibility shall not include consideration of cost to install the unit if the size of the property is sufficient to meet the setback.ii. Include a detailed site plan that clearly shows the proposed location and distances of the unit relative to the applicant's property lines and the distances to all occupied dwellings or buildings within 500 feet of the unit, and the zoning of the adjacent properties;iii. Include a copy of the notice and certified mail receipts showing the appropriate people were notified as required at 310 CMR 7.26(52)(a)3.b.d.Criteria for Granting or not Granting the Variance.i. Meeting the setback to the property line is not feasible based solely on the size and configuration of the property.ii. In no case shall a variance be granted for a distance of less than 200 feet to the property line.iii. Granting such a variance will not cause or contribute to a condition of air pollution.e.Appeals of Determinations. The applicant or any party who is aggrieved by the decision issued by the Department may request an adjudicatory hearing on that determination in accordance with 310 CMR 1.00 and M.G.L. c. 30A.4. Site or install an outdoor hydronic heater that meets the emission standard defined in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b), unless it has a permanent stack extending two feet higher than the peak of any roof structure located within 150 feet of the outdoor hydronic heater, if the outdoor hydronic heater is installed less than 150 feet from the nearest occupied dwelling that it is not serving.(b)Existing Units. All operators of existing outdoor hydronic heaters shall comply with the following requirements: 1.310 CMR 7.26(52)(c) through 310 CMR 7.26(52)(j); and2. have a permanent stack extending two feet higher than the peak of any roof structure located within 150 feet of the outdoor hydronic heater, if the outdoor hydronic heater is installed less than 150 feet from the nearest occupied dwelling that it is not serving. Such permanent stack shall be installed no later than March 1, 2009.(c)Seasonal Limitations. No person shall cause, suffer, allow or permit the operation of an outdoor hydronic heater from May 16th to September 30th unless the outdoor hydronic heater has been certified in accordance with 310 CMR 7.26(54) to meet the emission standard set forth in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b) as applicable or it is on existing unit installed at least 500 feet from the nearest occupied dwelling that it is not serving.(d)Prohibited Fuels . No person shall cause, suffer, allow or permit the burning of any of the following items in an outdoor hydronic heater: 1. Any wood that does not meet the definition of clean wood;4. lawn clippings, leaves, brush trimmings, or general yard waste;5. materials containing asbestos,6. materials containing lead, mercury, or other heavy or toxic metals;7. materials containing plastic;8. materials containing rubber;9. waste petroleum products;10. paints and paint thinners;13. glossy or colored papers;14. construction and demolition debris;17. salt water driftwood and other previously salt water saturated materials;19. animal carcasses; and(e)Allowable Fuels. No person that operates an outdoor hydronic heater shall cause, suffer, allow or permit the use of a fuel other than the following: 2. Wood pellets made from clean wood;3. Home heating oil in compliance with the applicable sulfur content limit or natural gas may be used as starter fuels or substitute fuel in dual-fired outdoor hydronic heaters; and 4. Other biomass fuels as approved by the Department.(f)Visible Emission Standard.1. No person shall cause, suffer, allow or permit the emission of air contaminants from any residential-size outdoor hydronic heater or commercial-size outdoor hydronic heater to exceed an average of 20% opacity for two minutes in any one-hour period.2. No person shall cause, suffer, allow or permit the emission of air contaminants from any commercial-size outdoor hydronic heater to exceed at any time 40% opacity for the first six minutes during the startup period of a new fire. For the remainder of the startup period no person shall cause or allow the emission of air contaminants from any outdoor hydronic heater to exceed a 20% opacity standard in any consecutive two minute average period. 310 CMR 7.26(52)(f)2. only applies to the initial firing of the unit where no coal bed exists and does not apply to refueling.(g) No person shall cause, suffer, allow or permit the operation of any outdoor hydronic heater except in conformance with the manufacturer's operating and maintenance instructions.(h) No person shall operate an outdoor hydronic heater using a rain cap unless this device is required by the manufacturer specifications.(i) No person shall cause, suffer, allow or permit the operation of an outdoor hydronic heater in such a manner as to create a condition of air pollution as defined in 310 CMR 7.00. (j) Enforcement. An operator of an outdoor hydronic heater shall comply with all applicable regulations, and state and local laws, including but not limited to local bylaws, regulations, and local ordinances. Operators are subject to the enforcement provisions specified at 310 CMR 7.52.(53)Requirements for Sellers.(a)Particulate Matter Emission Standards for Residential-size Outdoor Hydronic Heaters. On and after December 26, 2008, no person shall import, distribute or sell, install or allow the installation of a residential-size outdoor hydronic heater for use in the Commonwealth, unless it has been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output. In addition, within each of the burn rate categories as established in EPA test method 28 WHH, no individual test run shall exceed 18 grams per hour.(b)Particulate Emission Standards Commercial-size Outdoor Hydronic Heaters. On and after December 26, 2008, no person shall import, distribute or sell, install or allow the installation of an outdoor hydronic heater for use in the Commonwealth, unless it has been certified to meet a particulate matter emission standard of 0.32 lb/MMBtu heat output. In addition, within each of the burn rate categories as established in EPA test method 28 WHH, no individual test run shall exceed 20 grams per hour.(c)Labeling. On and after December 26, 2008, no person shall import, distribute or sell, install or allow for installation an outdoor hydronic heater for use in the Commonwealth without meeting the labeling requirements in 310 CMR 7.26(54)(j).(d)Notice to Buyers. No person shall distribute or sell an outdoor hydronic heater for use in the Commonwealth, unless prior to any sale or lease agreement, the seller provides the buyer or lessee with a copy of 310 CMR 7.26(50) through (54), the owners manual, including operating and maintenance instructions, a written fact sheet provided by the Department and a copy of the certification as required by 310 CMR 7.26(54) of the model to be installed.(e)Enforcement. Sellers shall comply with all applicable regulations, and state and local laws including, but not limited to, local bylaws, regulations and ordinances. 310 CMR 7.26(53) is subject to the enforcement provisions specified at 310 CMR 7.52.(54)Requirements for Manufacturers.(a)Certification Requirement. 1. On and after December 26, 2008, no person shall import, distribute or sell, install or allow the installation of an outdoor hydronic heater for use in the Commonwealth, unless the manufacturer has certified compliance with the requirements of 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b) in accordance with the provisions of 310 CMR 7.26(54)(b). A certification submitted to the Department shall be valid for a period of five years, unless revoked by the Department under 310 CMR 7.26(54)(g).2. The date of certification shall be 30 days from the date postmarked on the envelope used to submit the certification to the Department, as required under 310 CMR 7.26(54)(b), unless the Department, within those 30 days, notifies the manufacturer that the date of certification shall be greater than 30 days.(b)Certification Procedure. For each model, a manufacturer shall have at least one outdoor hydronic heater tested by an accredited laboratory in order to demonstrate that the model meets the applicable emission standard(s). The manufacturer shall submit an executive summary to the Department. The Department may request, at its discretion, the entire test report including, but not limited to, the raw data and notes taken at the applicable laboratory. The certification shall include, but not be limited to, the following information that:
1. testing was conducted in accordance with EPA's test method 28 WHH or an alternative method approved by the Department;2. testing was conducted by an accredited laboratory;3. certification testing was performed for heating season use and/or year-round use;4. testing results indicated that the outdoor hydronic heater meets the emission standards as defined in 310 CMR 7.26(53)(a) and 310 CMR 7.26(53)(b);5. the manufacturer was not involved in conducting the testing procedures, except for providing specifications and assembly drawings;6. the accredited laboratory conducted a certification test on an outdoor hydronic heater similar in all material respects to other units of the model to be certified;7. the test data was reviewed in accordance with EPA's ETV Program or, alternatively, an independent contractor approved by the Department who has no conflict of interest or financial gain in the outcome of the testing or by the Department in its discretion solely or in coordination with other NESCAUM state representatives; and8. a responsible official certifies in accordance with 310 CMR 70.03(2) on forms prescribed and furnished by the Department.(c)Testing Requirements. 1.Test Facility. a. All emissions testing shall be conducted by an accredited, qualified, and independent testing laboratory that has no conflict of interest or financial gain in the outcome of the testing.b. Manufacturers of outdoor hydronic heaters shall not involve themselves in the conduct of any emissions testing under 310 CMR 7.26(54)(c) or in the operation of the unit being tested, once actual testing has begun.2.Test Method. Emission tests shall be conducted using one of the following:a. EPA Test Method 28 WHH; orb. An alternative method approved by the Department.3.Btu Rating. Testing to determine the heat output in MMBtu/hr shall be conducted according to the test method defined in 310 CMR 7.26(54)(c)2.4.Test Protocols. If there is any deviation from the test method defined in 310 CMR 7.26(54)(c)2.a., the manufacturer of the outdoor hydronic heater shall provide the Department, or equivalent authority approved by the Department, with a test protocol for approval in accordance with the testing requirements in 310 CMR 7.26(54)(c) 45 days prior to the emission testing for certification. The Department shall approve or disapprove the proposed test protocol in writing within 30 days.(d)Approved Test Facilities. An accredited laboratory shall conduct all of the testing, test reporting, and product inspection requirements of 310 CMR 7.26(50) through (54), but the manufacturer shall be responsible for ensuring that all information required pursuant to 310 CMR 7.26(50) through (54) is provided to the Department. Emission test reviews for certification shall be conducted by EPA's ETV Program or, alternatively, an independent contractor approved by the Department, in writing who has no conflict of interest or financial gain in the outcome of the testing. The Department may in its discretion, with reasonable notice, perform the review of testing results for certification of a model or individual outdoor hydronic heater. 1.Laboratory Accreditation Requirements. A laboratory shall be accredited: a. By the U.S. Environmental Protection Agency (EPA) for testing wood-burning residential space heaters in accordance with 40 CFR Part 60, Subpart AAA;b. By the American National Standards Institute (ANSI) to the International Standards Organization (ISO) Standard ISO/IEC Guide 65 General Requirements for Bodies Operating Product Certification Systems; orc. By a nationally recognized accreditation body to ISO/IEC 17025, General Requirements for the Competence of Testing and Calibration Laboratories. i. The nationally recognized accrediting body itself shall be accredited to, and operate under ISO Guide 58 (Calibration and Testing Laboratory Accreditation Systems - General Requirements for Operation and Recognition), andii. By a nationally recognized accreditation body to the American Society for Testing and Materials (ASTM) Standard Practice D7036-04; Competence of Air Emission Testing Bodies.(e)Change in Design Parameter. A model shall require a new certification whenever any change is made in the design that is presumed to affect the particulate emission rate for that model. Changes that are presumed to affect particulate emission rates for models include, but are not limited to: 1. Tolerance changes: any change in the indicated tolerances of any of the following components is presumed to affect particulate emission rates if that change exceeds ±0.64 cm (± 1/4") for any linear dimension and ±5% for any cross-sectional area relating to air introduction systems and catalyst bypass gaps, unless other dimensions and crosssectional areas are previously approved by the Department;3.Air Inductions Systems. cross-sectional area of restrictive air inlets, outlets and location, and method of control;4. Baffles: dimensions and location;5. Refractory/insulation: dimensions and location;6. Catalyst: dimensions and location;7. Catalyst bypass mechanism: dimensions, cross-sectional area, and location;8. Flue gas exit: dimension and location;9. Door and catalyst bypass gaskets: dimension and fit;10. Outer shielding and coverings: dimension and location;12. Forced air combustion system: location and horsepower of blower motors and fan blade size.(f)Change in Materials. A model shall require a new certification whenever any change is made in the materials that is presumed to affect the particulate emission rate for that model. Any change in the materials used, including but not limited to, the following components is presumed to affect emissions: 1. refractory/insulation;2. door and catalyst bypass gaskets;3. for catalyst equipped units - change in catalyst make, model or composition;(g)Revocation. Certification of an outdoor hydronic heater may be revoked by the Department for the following reasons, including but not limited to: 1. The outdoor hydronic heater does not meet the applicable particulate emission standard in 310 CMR 7.26(53)(a) or 310 CMR 7.26(53)(b) based on test data from retesting the original unit used for certification testing;2. A finding that the certification test was not valid;3. A finding that the unit does not comply with the labeling requirements detailed in 310 CMR 7.26(54)(j);4. Failure to comply with recordkeeping requirements pursuant to 310 CMR 7.26(54)(l);5. Physical examination showing that more than 20% of production units inspected are not similar in all material respects to the model used for certification testing;6. Failure of the manufacturer to conduct a quality assurance program as detailed in 310 CMR 7.26(54)(h); or7. Repeated field observed opacity violations of residential-size and commercial-size units and a determination by the Department that the model cannot consistently comply.(h)Quality Assurance Program - 310 CMR 7.26(54)(h) shall only be effective if EPA's ETV Program is not the lead quality assurance verifier of outdoor hydronic heater lab certification testing procedures and emissions reporting for model/model line outdoor hydronic heater certifications. The manufacturer or its designee shall conduct a quality assurance program that, at a minimum, includes the following requirements:1. The manufacturer or authorized representative shall have one in every 150 units produced of a model inspected to determine that the units are within applicable tolerances or to determine if there are any changes in material for all components that affect emissions as listed in 310 CMR 7.26(54)(e) and 310 CMR 7.26(54)(f). A qualified, independent third party contractor or consultant shall conduct the inspection.2. The manufacturer or authorized representative shall be responsible for ensuring that an emission test is conducted by a qualified, independent third party testing contractor or consultant on a randomly selected unit produced of a model on the following schedule: If certification test results were: | If yearly production per model is: |
<500 total production | $500 total production |
>70% of the PM emission standard | When directed by the Department not to exceed one of every 500 units | Every 500 units or triennially (whichever is more frequent) |
70% or less of the PM emission standard | When directed by the Department not to exceed one of every 1,000 units | Every 1,000 units or triennially (whichever is more frequent) |
30% or less of the PM emission standard | Every 2,000 units | Every 2,000 units or annually (whichever is more frequent) |
3. The emission test shall be conducted in conformity with 310 CMR 7.26(54)(c)2.4. If the manufacturer uses a different material for the firebox, firebox component, or hydronic heating mechanism than the one used for certification testing, the first test shall be performed before 500 units of the modified unit are produced. The manufacturer shall submit an executive summary or if requested by the Department the entire testing results, including but not limited to, the raw data and notes taken by the lab technicians, documenting the results of this emission test to the Department within 45 days of completion of testing.(i)Notification by Manufacturers. 1. By April 30th each year, and as outdoor hydronic heaters are certified, manufacturers shall provide the following information in writing to any person to whom the manufacturer has distributed, intends to distribute, or actually distributes or sells outdoor hydronic heaters for use in the Commonwealth: a. A list of all models of outdoor hydronic heaters that it manufactures for use in the Commonwealth; andb. A list of models that have received certification to meet the particulate matter emission standards as set forth in 310 CMR 7.26(53)(a) and 310 CMR 7.26(53)(b) and the certification requirements as set forth in 310 CMR 7.26(54)(b) for use in the Commonwealth.2. This information shall be kept by the manufacturer in accordance with 310 CMR 7.26(54)(l).(j)Labeling Requirements. On and after December 26, 2008, manufacturers of outdoor hydronic heaters shall meet the following labeling requirement for units distributed or sold, offered for sale or leased for use in the Commonwealth:1.Permanent Label. Every outdoor hydronic heater shall have a permanent label that shall:a. Be made of a material expected to last the lifetime of the outdoor wood boiler.b. Be affixed in a readily visible or accessible location.c. Be affixed in such a manner that it cannot be removed from the outdoor wood boiler without damage to the label.d. Display the following information on the label:i. name and address of the manufacturer;iii. model name and number;v. thermal output rating in Btu/h;vi. certified emission rate in heat output expressed as lb/MMBtu vii. certified particulate emission rate in grams per hour; and viii. a statement as to whether the unit is certified to be used year-round or only during the heating season or both.2.Temporary Label. All units shall have attached to them a temporary label that shall contain the following: a. A statement indicating the certification status of the model;b. A graphic representation of the composite particulate matter emission rate as determined in the certification test, or as determined by the Department;c. A graphic representation of the efficiency of the model;d. A numerical expression of the heat output range in British thermal units per hour (Btu/hr) rounded to the nearest 100 Btu/hr; and e. Statements regarding the importance of proper operation and maintenance.3. The temporary label shall: a. Not be combined with any other label or information; andb. Be attached to the unit in such a manner that it can be easily removed by the consumer.(k)Owner's Manual. On and after December 26, 2008, each outdoor hydronic heater offered for sale or lease for use in the Commonwealth shall be accompanied by an owner's manual that shall be published by the manufacturer and contain all the following information:1. Proper thermal output capacity for matching with the building's thermal demands;2. Proper installation information;3. Operation and maintenance information;4. Wood or other approved solid fuel loading procedures;5. List of approved solid fuels;6. List of prohibited fuels;7. Recommendations on wood or other approved solid fuel selection;8. Fire starting procedures;9. Proper use of air flow devices, if applicable;10. Ash removal procedures;11. For catalytic models, information pertaining to maintaining catalyst performance, maintenance procedures, procedures for determining catalyst failure or deterioration, procedures for replacement, and information on warranty rights; and12. Persons operating this hydronic heater are responsible for operation of the hydronic heater so as not to cause a condition of air pollution as defined in 310 CMR 7.01(1).(l)Recordkeeping. Every manufacturer of an outdoor hydronic heater shall keep records demonstrating compliance 310 CMR 7.26(54). These records shall be kept and maintained by the manufacturer. These records shall be kept on site for a period not less than five years and shall be made available to the Department within 30 days of a written request.(m)Enforcement. A manufacturer of an outdoor hydronic heater shall comply with all applicable regulations, and state and local laws, including but not limited to local bylaws, regulations and ordinances. 310 CMR 7.26(54)(i) through (l) are subject to the enforcement provisions specified at 310 CMR 7.52.Amended by Mass Register Issue 1321, eff. 9/9/2016.Amended 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.