Current through Register 1531, September 27, 2024
(1)
General.
(a) Any
person who constructs, substantially reconstructs or alters, and subsequently
operates an emission unit listed in 310 CMR 7.03(1)(a), may comply with the
specific requirements of 310 CMR 7.03(5) through (7) in lieu
of filing either a Comprehensive Plan Application (CPA) required by
310
CMR 7.02(5)(a) or a Limited
Plan Application (LPA) required by
310
CMR 7.02(4)(a), except as
provided in 310 CMR 7.03(2).
(b)
Under 310 CMR 7.03, VOC shall include Volatile Organic Compounds (VOC) and
Halogenated Organic Compounds (HOC) as defined in 310 CMR 7.00.
(c) Nothing in 310 CMR 7.03 relieves a person
who owns, operates, leases or controls a facility from having to comply with
other applicable requirements of 310 CMR 7.00 including, but not limited to,
applicable
310
CMR 7.18 and
7.19 Reasonably Available
Control Technology (RACT) requirements that come into effect after a person
constructs, substantially reconstructs or alters, or operates an emission unit
under 310 CMR 7.03.
(d)
1. Any person who constructs, substantially
reconstructs, or alters and subsequently operates an emission unit in
accordance with 310 CMR 7.03(8), (15), (16) or (19) shall limit the
facility-wide emission of any individual hazardous air pollutant (HAP) to less
than ten tons in each consecutive 12-month time period, and all combined HAPs
to less than 25 tons in each consecutive 12-month time period.
2. The limits specified in 310 CMR
7.03(1)(d)1. do not apply to an owner or operator subject to 310 CMR 7.00
Appendix C: Operating Permit and Compliance
Program.
(2)
Prohibition. 310
CMR 7.03 is not an alternative to obtaining a plan approval pursuant to
310
CMR 7.02 if construction, substantial
reconstruction or alteration would violate requirements of:
(a)
310
CMR 7.02(5)(a)7. relating to
Prevention of Significant Deterioration (PSD) requirements or the need for
Non-attainment Review;
(b)
310
CMR 7.02(5)(a)8. and 9.
relating to plan approvals, Nonattainment Review approval or PSD permits, or
MACT requirements at 40 CFR
63.40 through
63.44;
(c)
310
CMR 7.02(5)(a)10. relating
to Department determinations of a potential condition of air
pollution;
(d)
310
CMR 7.02(5)(a)5. relating to
any incinerator;
(e)
310
CMR 7.02(4)(a)3. relating to
plan approvals; or
(f)
310
CMR 7.02(4)(a)4. relating to
significant increase in federal potential emissions.
(3)
Including Emission Units in
Calculation of Net Emission Increase. Persons who construct,
substantially reconstruct or alter an emission unit that complies with the
requirements of 310 CMR 7.03 must include said emission unit in calculating
significant net emission increase and determining applicability of
Non-attainment New Source Review, 310 CMR 7.00: Appendix A,
PSD (40 CFR
52.21) or Case-by-case MACT (310 CMR
7.02(5)(e)).
(4)
Emission Units Constructed or
Altered Since 1970.
(a) Persons
who construct, substantially reconstruct, alter, or subsequently operate an
emission unit after July 1, 1970 in the Metropolitan Boston Air Pollution
Control District and after September 15, 1970 in all other districts are not
required to obtain plan approval if said emission unit complies with the
requirements of 310 CMR 7.03(5) through (7), and is not prohibited by 310 CMR
7.03(2).
(b) Persons who already
have plan approval for emission units that might otherwise be subject to 310
CMR 7.03 must continue to comply with the terms and conditions of the plan
approval and are not subject to the requirements of 310 CMR 7.03.
(5)
Reporting. Any construction, substantial
reconstruction or alteration, as described in 310 CMR 7.03, at a facility
subject to the reporting requirements of
310
CMR 7.12, shall be reported to the Department
on the next required source registration.
(6)
Record-keeping.
A record-keeping system shall be established and continued in sufficient detail
to document the date of construction, substantial reconstruction or alteration
and that the respective emission rates, operational limitations, equipment
specifications and other requirements pursuant to 310 CMR 7.03 are met. All
records shall be maintained up-to-date such that year-to-date information is
readily available for Department examination.
(7)
Operation. No
person shall operate a facility constructed, substantially reconstructed or
altered pursuant to 310 CMR 7.03 except in conformance with the requirements
established herein. This exemption from the requirements of
310
CMR 7.02(4) and (5) shall
not affect the responsibility of the owner or operator to comply with other
provisions of 310 CMR 7.00, other applicable regulations or any plan approval,
notice of noncompliance order, PSD permit or other approval issued to said
facility.
(8)
Degreaser. Construction, substantial reconstruction or
alteration of any degreaser in compliance with the criteria established in
310
CMR 7.18(8), regardless of
the item being degreased, with a solvent consumption rate of less than 100
gallons per month. Consumption rate is the amount of solvent added into the
unit less any documented solvent waste disposal or recycling amounts, each in
gallons per month.
(9)
Wave Solder. Construction, substantial reconstruction
or alteration of an oil-less wave solder operation or any wave solder operation
with a flux consumption rate, including any thinner, of less than 200 gallons
per month, either equipped with an electrostatic precipitator capable of
maintaining a particulate control efficiency of greater than 90% or emitting
visible emissions with 0% opacity.
(10)
Emergency or Standby
Engine.
(a) On or after June 1,
1990, but prior to March 23, 2006, construction, substantial reconstruction or
alteration of any emergency or standby engine shall comply with 310 CMR
7.03(10)(a) through (c). All such emergency or standby engines shall:
1. Have an energy input capacity of equal to
or greater than 3,000,000 Btu per hour and less than or equal to 10,000,000 Btu
per hour; and
2. Be equipped with
an exhaust gas silencer so that sound emissions from the generator will not
cause or contribute to a condition of air pollution; and
3. Utilize an exhaust stack that discharges
so as to not cause or contribute to a condition of air pollution; and
4. Operate only:
a. 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;
b. as part of the 100 hours, for up to 50
hours per calendar year for non-emergency situations; and
c. during periods of electric power outage
due to failure of the electrical supply, in whole or in part, onsite disaster,
local equipment failure, flood, fire or natural disaster, or when the imminent
threat of a power outage is likely due to failure of the electrical supply.
Additional limitations and conditions may apply, including but
not limited to, 40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60, Subpart IIII; and
40 CFR Part 60, Subpart JJJJ.
(b) No person shall accept for delivery for
burning in any engine subject to 310 CMR 7.03(10), diesel or any other fuel
that does not meet the sulfur content limit for fuel in
310
CMR 7.05.
(c) Reporting and record keeping requirements
for 310 CMR 7.03(10), as required by 310 CMR 7.03(5) and (6), shall be in
accordance with
310
CMR 7.02(8)(i)3. through
4.
(11)
Lead
Melt Pots. Construction, substantial reconstruction or alteration
of any lead melt pot(s) equipped with fabric filter control capable of
maintaining 99.5% control efficiency of particulate matter.
(12)
Dry Material Storage
Silo. Construction, substantial reconstruction or alteration of
any storage silo equipped with fabric filter control capable of maintaining
99.5% control efficiency.
(13)
MOTOR VEHICLE FUEL DISPENSING FACILITY. Construction,
substantial reconstruction or alteration of a Stage I or Stage II system at a
motor vehicle fuel dispensing facility, provided that such system meets the
requirements of
310 CMR
7.24(3) and (6), and the
Department is notified of said installation.
(15)
NON-HEATSET OFFSET
LITHOGRAPHIC PRINTING. On or after July 1, 1992, construction,
substantial reconstruction or alteration of any non-heatset offset lithographic
printing press, except such presses present at a facility subject to
310 CMR
7.26(20), utilizing
materials containing VOCs or organic material including, but not limited to,
printing inks, overprint coatings, makeup solvents, fountain solution
additives, adhesives, alcohol and cleanup solutions, complying with the
applicable performance standards set forth in 310 CMR 7.03(15)(b) and (c) shall
be subject to the requirements in either 310 CMR 7.03(15)(a)1. or 2. and in 310
CMR 7.03(15)(d) and (f), and to the recordkeeping requirements in 310 CMR
7.03(15)(e).
(a)
1. The total facility, including the new or
modified printing press, shall use less than 670 gallons per month of all
materials containing VOCs, or alternatively, its emission rate shall be less
than 2.5 tons of VOC per calendar month. This emission rate shall include
emissions from all printing and non-printing operations at the facility
including, but not limited to, non-heatset offset lithographic printing
presses. The owner/operator is subject to the reporting requirements of
310 CMR
7.12.
2. The total facility, including the new or
modified printing press, shall use less than 2,000 gallons per 12-month rolling
period of all materials containing organic material (includes VOC), or,
alternatively, shall emit less than ten tons of organic material (includes
VOC), per 12-month rolling period. This emission rate shall include emissions
from all printing and non-printing operations at the facility including, but
not limited to, non-heatset offset lithographic printing presses. The
owner/operator is not subject to the reporting requirements of
310 CMR
7.12 unless otherwise required.
(b) Non-heatset offset
lithographic printing presses subject to 310 CMR 7.03(15) and employing a
fountain solution containing VOC shall meet the following as applied
specifications:
1. For web presses installed
on or after May 1, 1998, the fountain solution shall not contain any
alcohol.
2. For sheet-fed presses
with cylinder widths greater than 21 inches installed on or after July 1, 1992:
a. The fountain solution shall be maintained
at 3% by weight or less of alcohol; or
b. The fountain solution shall be maintained
at 5% by weight or less of alcohol and the fountain solution refrigerated to a
temperature of less than 60°F.
3. For sheet-fed presses with cylinder widths
of less than or equal to 21 inches, installed on or after July 1, 1992, the
fountain solution shall be maintained at 5% by weight or less of
alcohol.
4. For newspaper printing,
the fountain shall contain 0% alcohol.
5. Any VOC-containing fountain additive other
than alcohol shall be limited to a mix ratio that will result in a VOC
concentration in the fountain solution, excluding alcohol, equal to or less
than 2.5% by weight.
(c)
Cleanup solution containing VOC shall meet the following criteria:
1. Cleanup solution as used at the press
shall either:
a. not exceed 70% by weight VOC;
or
b. have a VOC composite partial
pressure of 10 mmHg or less at 20°C (68°F).
2. Cleanup solution shall be kept in tightly
covered containers during transport and storage; and
3. The used cleaning rags used in conjunction
with the cleanup solution shall be placed, when not in use, in closed
containers and collected for proper disposal or recycle.
(d) Adhesives shall meet a VOC content Limit
of 300 grams VOC per liter of product as applied (2.5 pounds per gallon), less
water.
(e) Any person subject to
310 CMR 7.03(15) shall maintain records sufficient to demonstrate compliance.
Records kept to demonstrate compliance shall be kept on-site for five years and
shall be made available to representatives of the Department upon request. Such
records shall include, but are not limited to:
1. Identity, formulation (percent VOC by
weight as determined by the manufacturer's formulation data or EPA Method 24 or
24A test), and quantity (gallons per calendar month) for each VOC-containing
compound used at the facility including, but not limited to:
a. Alcohol;
b. Makeup solvent;
c. Fountain additives, including fountain
solution alcohol substitute;
d.
Fountain solution concentrate;
e.
Printing Ink;
f. Cleanup
solution;
g. Adhesives; and h.
Overprint coatings.
2.
The percent by weight of alcohol in the fountain solution as determined each
time alcohol or alcohol mix is added to the system;
3. The weight percent of VOC-containing
fountain additives other than alcohol in the fountain solution;
4. For fountain solutions subject to
refrigeration requirements of 310 CMR 7.03(15)(b), the temperature of the
fountain solution, as recorded on a once per shift basis; and
5. Total VOC emissions (tons per calendar
month) for all printing presses combined at the facility, as described in 310
CMR 7.03(15)(a).
(f) Any
person who complies with 310 CMR 7.03(15) in lieu of obtaining
a plan approval for a press under
310 CMR
7.02 shall comply with applicable RACT
requirements of
310 CMR
7.18(25) when such
requirements become more stringent than those in 310 CMR
7.03(15).
(16)
Paint Spray Booths. Construction, substantial
reconstruction or alteration of any paint spray booth utilizing coatings,
thinners, reducers and cleanup solutions, and complying with the applicable
performance standard of 310 CMR 7.03(16)(b) through (l) shall be subject to the
requirements in 310 CMR 7.03(16)(m) and either 310 CMR 7.03(16)(a)1. or 2.
(a)
1.
The total facility, including the new or modified paint spray
booth, shall use less than 670 gallons per calendar month of all materials
containing VOCs, or alternatively, has an emission rate of less than 2.5 tons
of VOC per calendar month. This emission rate includes all coating operations
at the facility. The owner/operator is subject to the reporting requirements of
310 CMR
7.12.
2. The total facility, including the new or
modified paint spray booth, shall use less than 2,000 gallons per 12-month
rolling period of any material containing organic material (includes VOC), or
alternatively, has an emission rate less than ten tons of organic material
(includes VOC) per 12-month rolling period. This emission rate includes all
coating operations at the facility. The owner/operator is not subject to the
reporting requirements of
310 CMR
7.12 unless otherwise
required.
(b) The coating
operation shall be of a type described in
310 CMR
7.18, regardless of annual or potential
emission applicability criteria contained in
310 CMR
7.18. These operations are:
310
CMR 7.18(3) Metal Furniture
Surface Coating;
310
CMR 7.18(4) Metal Can
Surface Coating;
310
CMR 7.18(5) Large Appliance
Surface Coating;
310
CMR 7.18(6) Magnetic Wire
Insulation Surface Coating;
310
CMR 7.18(10) Metal Coil
Coating;
310
CMR 7.18(11) Surface
Coating of Miscellaneous Metal Parts and Products;
310
CMR 7.18(21) Plastic Parts
Surface Coating;
310
CMR 7.18(22) Leather
Surface Coating;
310
CMR 7.18(23) Wood Products
Surface Coating;
310
CMR 7.18(24) Flat Wood
Paneling Surface Coating; and
310
CMR 7.18(28) Automotive
Refinishing.
Operations not listed in 310 CMR 7.03(16)(b) are not covered by
this exemption and require either a Limited Plans Application (LPA) or
Comprehensive Plans Application (CPA) as required by
310 CMR
7.02.
(c) All coatings used in the new or modified
spray booth shall comply with the as-applied formulations contained in
310 CMR
7.18 for the spray coating of material
described by the relevant subsection. Notwithstanding the previous statement,
for any person who owns, leases, operates or controls a facility with coating
operation(s) subject to 310 CMR 7.03(16), the emissions of VOC from any
coatings used in small amounts at the facility are exempt from the emission
limitations of the relevant subsection, provided the person satisfies the
following conditions:
1. the total amount of
all coatings exempted does not exceed 55 gallons during any rolling 12 month
period at the facility; and,
2. the
person identifies and tracks the usage of the coatings covered by this
exemption; and,
3. the person
complies with the record keeping and testing requirements of the applicable
section(s) of 310 CMR 7.03(16)(b).
(d) Spray guns shall utilize one of the
following methods of spray application and be maintained and operated in
accordance with the recommendations of the manufacturer:
1. Electrostatic spray application;
or
2. High Volume Low Pressure
(HVLP) spray application; or
3. Any
other coating application method that achieves a transfer efficiency equivalent
to electrostatic or HVLP spray application and is approved by the Department in
writing.
(e) Each paint
spray booth shall utilize two or more layers of dry fiber mat filter with a
total thickness of at least two inches or an equivalent system as determined in
writing by the Department and that achieves particulate control efficiency of
at least 97% by weight. Filter material shall be disposed in accordance with
all applicable DEP regulations.
(f)
Face velocity of air at filter shall not exceed 200 feet per minute.
(g) For surface preparation, prior to
coating, the VOC content of any surface preparation solution shall not exceed
1.67 pounds per gallon. However, for surface preparation of plastic parts the
VOC content of the surface preparation solution shall not exceed 6.5 pounds of
VOC per gallon.
(h) Spray guns
shall be cleaned in a device that:
1.
minimizes solvent evaporation during the cleaning, rinsing, and draining
operations;
2. recirculates solvent
during the cleaning operation so that the solvent is reused; and, 3. collects
spent solvent in a container with a tight-fitting cover so that it is available
for proper disposal or recycling.
(i) The paint spray booth shall have a stack
conforming to the following criteria:
1. The
stack shall discharge vertically upwards;
2. The stack shall not have rain protection
of a type that restricts the vertical exhaust flow;
3. The stack gas exit velocity shall be
greater than 40 feet per second; and
4. The minimum stack exit height shall be 35
feet above the ground or ten feet above roof level.
(j) Emissions from stack shall have 0%
opacity.
(k) Sufficient records
shall be prepared and maintained to demonstrate compliance for each calendar
month. Such records shall include, but are not limited to:
1. For each coating, as applied:
a. Gallons of coating used;
b. Coating density (Pounds per
gallon);
c. Pounds of VOC per
gallon of coating;
d. Pounds of
solids per gallon of coating;
e.
Pounds of water per gallon of coating;
f. Pounds of other non-VOC liquid per gallon
of coating; and g. Pounds of VOC per gallon of solids as applied.
2. Gallons of
exempt/non-compliance coatings used; and
3. Gallons of cleanup solution used and
pounds VOC per gallon; and
4.
Maintenance records of filter pad replacement and disposal.
(l) As an alternative to 310 CMR
7.03(16)(k)1. and (k)2., persons subject to
310 CMR
7.18(28): Automotive
Refinishing shall maintain purchase records of coatings and surface
preparation products on a monthly basis. The purchase records shall be
summarized and include coating category, coating or coating component, and
surface preparation product as identified on the container, the quantity of
each coating or component, and surface preparation product, and the VOC content
(in pounds per gallon) of each coating and surface preparation product, after
mixing according to the manufacturer's instructions. Records shall be kept for
three years, and be made available to representatives of the Department upon
request.
(m) Any person who
complies with 310 CMR 7.03(16), in lieu of obtaining a plan
approval for a spray booth under
310 CMR
7.02, shall comply with applicable RACT
requirements of
310 CMR
7.18(3) through (6), (10), (11), (21) through (24), and
(28) when such requirements become more
stringent than those in 310 CMR 7.03(16).
(17)
Groundwater/Soil Venting
Systems. Construction, substantial reconstruction or alteration of
any Contaminated Groundwater Treatment System (CGTS) or contaminated soil
venting system complying with the following criteria:
(a) CGTS or contaminated soil venting systems
shall be equipped and operated such that the system continuously reduces VOC in
air effluent stream by at least 95% (by weight). Such systems include, but are
not limited to, the following:
1. CGTS
followed by carbon adsorber, incinerator or equivalent air pollution control
device; or
2. Contaminated soil
venting followed by carbon adsorber, incinerator or equivalent air pollution
control device.
(b)
Systems shall be equipped and operated with the necessary procedures and
instrumentation to assure operation in compliance with this standard including,
but not limited to:
1. Interlock to prevent
operation of the entire system without proper control device operation
including, but not limited to, automatic shutoff if incinerator drops below
normal operating temperature;
2.
Inlet/outlet incinerator temperature indicators;
3. For a CGTS, flowmeter(s) indicating rate
and total amount of groundwater being treated, if applicable; and
4. On-site regeneration of carbon or
regularly scheduled replacement of carbon, if used.
(d) Sufficient records shall be prepared and
maintained to demonstrate emissions compliance for each month. Records shall
include, but are not limited to the following, as applicable:
1. Once per month, measurement of water flow
rate and total flow to date for the month;
2. For a CGTS, once per month measurement of
inlet and effluent water VOC concentration;
3. Once per month, measurement of VOC
concentration in air prior to control, and VOC concentrations after
control;
4. Once per month,
measurement of overall VOC reduction efficiency of the air pollution control
system in percent by weight;
5.
Maintenance records of the system;
6. Monthly operating hours of the
system;
7. Once per month,
measurement of incinerator outlet temperatures; and
8. Carbon regeneration/replacement
records.
(18)
Fuel Cells. Construction, substantial reconstruction
or alteration of any fuel cell(s) complying with the following criteria:
(a) The emissions from the fuel cell will not
exceed the following standards based upon a one hour averaging time:
1. NOx - 0.03 pounds
per megawatt hour.
2. Carbon
Monoxide - 0.05 pounds per megawatt hour.
3. Non methane organic compounds - 0.008
pounds per megawatt hour.
(b) Any person subject to 310 CMR 7.03(18)
shall keep records of monthly electric generation.
(19)
Flexographic, Gravure,
Letterpress and Screen Printing. On and after May 1, 1998,
construction, substantial reconstruction, or alteration of any flexographic,
gravure, letterpress, or screen printing press at a facility that is not
subject to
310 CMR
7.26(20) through (29), but
that is utilizing materials containing VOC or organic material including, but
not limited to, printing inks and overprint coating, alcohol, makeup solvents,
and cleanup solutions complying with the applicable performance standards in
310 CMR
7.26(25) and
310 CMR
7.26(26), shall be subject
to the limits and reporting requirements in either 310 CMR 7.03(19)(a)1. or 2.
and shall also be subject to the requirements in 310 CMR 7.03(19)(c) and to the
recordkeeping requirements in 310 CMR 7.03(19)(b).
(a)
1.
The total facility including, but not limited to, the new or
modified printing press, and non-printing operations at the facility, shall use
less than 670 gallons per calendar month of all materials containing VOCs or,
alternatively, the total facility emission rate shall be less than 2.5 tons of
VOC per calendar month. The owner/operator is subject to the reporting
requirements of
310 CMR
7.12; or
2. The total facility including, but not
limited to, the new or modified printing press, and non-printing operations at
the facility, shall use less than 2,000 gallons per 12-month rolling period of
all materials containing organic material (includes VOC) or, alternatively, the
total facility emission rate shall be less than ten tons of organic material
(includes VOC) per 12-month rolling period. The owner/operator is not subject
to the reporting requirements of
310 CMR
7.12 unless otherwise
required.
(b) Any person
subject to 310 CMR 7.03(19) shall maintain records sufficient to demonstrate
compliance. Such records shall include, but are not limited to, 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) and
that the usage rate or the emissions rate do not exceed the rates set forth in
310 CMR 7.03(19)(a). Records kept to demonstrate compliance shall be kept on
site for five years and shall be made available to representatives of the
Department upon request.
(c) Any
person who complies with 310 CMR 7.03(19), in lieu of
obtaining a plan approval for a press under
310 CMR
7.02, shall comply with applicable RACT
requirements of
310 CMR
7.18(12) and (25) and
310 CMR
7.26(20) through (29) when
such requirements become more stringent than those in 310 CMR
7.03(19).
(21)
Corona Surface Treatment Devices. Construction,
substantial reconstruction or alteration of any bare-roll or covered-roll
corona surface treatment device equipped with a catalytic ozone decomposer
designed to reduce ozone emissions by 99.9% or to an emission limit of 0.1 ppm
at the catalytic device outlet.
(22)
Conveyors, and Dry Material
Storage (Except Silos). Construction, substantial reconstruction
or alteration of equipment used exclusively to convey or store dry solid
materials in an enclosed system or equipped with a fabric filter or equivalent
particulate control device capable of maintaining 99.5% control efficiency for
particulate emissions. In addition, said operation shall not generate any
visible emissions and shall comply with provisions of
310 CMR 7.10: U
Noise. This standard is not applicable to conveyors and dry material
storage associated with Standard Industrial Classification Code Major Group
1400 (Mining), Major Group 2900 (Petroleum and Coal products) and Major Group
3200 (Stone, Clay and Glass Products).
(23)
Temporary
Boilers. Construction or installation of a temporary boiler at a
facility where a boiler is no longer available for use. A boiler is considered
unavailable for use if it has been shut down for repair or inspection or is no
longer available or operating due to circumstances beyond the control of the
person who owns or operates the facility. Temporary boilers must meet the
following conditions:
(a) Have a maximum heat
input capacity less than or equal to the boiler it is replacing;
(b) Be installed for a period not to exceed
120 days;
(c) Use the same or lower
sulfur content fuel as the boiler it is replacing; and
(d) Comply with all other applicable
requirements for the boiler that it replaced.
The Department may grant an extension to operate the temporary
boiler beyond 120 days. Such an extension shall be considered upon receiving a
written request for an extension. Approval of an extension will be issued in
writing.
(24)
Welding. Construction, substantial reconstruction,
alteration or operation of welding equipment provided that:
(a) The facility uses ten tons or less of
welding rod per year; and
(b) Each
welding station is equipped with a ventilation system designed to vent fumes
and particulate to a particulate collection device having a control efficiency
of 90% or greater.
(25)
Biotechnology Surface Disinfection Processes.
(a) Construction, substantial reconstruction,
or alteration of any surface disinfection process used in making any of the
following medical device, drug, or biologic products:
1. a product derived in whole or in part from
biotechnology, and
2. one of the
following applications or notices has been filed with U.S. Food and Drug
Administration (FDA) for such product: an Investigational New Drug Application,
an Investigational Device Exemption Notice, a New Drug Application, a premarket
approval application, or a premarket notification pursuant to section 510(k) of
the federal Food, Drug and Cosmetic Act (510(k)) (including an FDA-approved
exemption from the 510(k) premarket notification requirement).
(b) Surface disinfection processes
shall comply with the following criteria:
1.
The total facility-wide actual emissions, including new or modified surface
disinfection processes, shall comply with the requirements in either 310 CMR
7.03(25)(b)1.a. or b.
a. 15 tons of volatile
organic compounds (VOC) per 12-month rolling period. This VOC emission
limitation includes all process operations at the facility. In addition,
facility-wide actual emissions of VOC shall not exceed 2.5 tons per calendar
month. The owner/operator is subject to the reporting requirements of
310 CMR
7.12.
b. Less than ten tons of materials containing
organic material (includes VOC) per 12-month rolling period. This organic
material emission limitation includes all process operations at the facility.
The owner/operator is not subject to the reporting requirements of
310 CMR
7.12 unless otherwise
required.
2. The total
facility-wide actual emissions, shall not exceed nine tons of any single
Hazardous Air Pollutants (HAP as defined at 40 CFR Part 63) per 12-month
rolling period, and shall not exceed 15 tons of any combination of (total) HAP
per 12-month rolling period. In addition, facility-wide actual emissions of any
individual HAP shall not exceed two tons per calendar month, and any
combination of (total) HAP shall not exceed three tons per calendar
month.
3. Processes that emit or
will emit VOCs or HAPs in exceedance of limitations for VOCs and HAPs
established in
310 CMR
7.02(25)(b)1. or 2., are
subject to
310 CMR
7.02(5), and a person shall
obtain written Department plan approval prior to commencement of construction,
installation and operation of said processes.
4. Combustion processes that support
processes subject to 310 CMR 7.03(25) are subject to regulatory standards found
at
310 CMR
7.02, 310 CMR 7.03, or
310 CMR
7.26.
5. Cleaning, sterilization, disinfection, and
other operations:
a. Cleaning, sterilization,
disinfection, and other solutions which contain VOC shall be kept in tightly
closed containers when not in active use and during transport and storage, and
b. The spent cleaning cloths and/or
wipes used in conjunction with the cleaning and sterilization solutions shall
be placed, after use, in tightly closed containers and collected for proper
recycling or disposal.
6.
Any person subject to this regulatory standard shall maintain records
sufficient to demonstrate compliance with 310 CMR 7.03(25) for each calendar
month. Records kept to demonstrate compliance with 310 CMR 7.03(25) shall be
maintained on-site for five years and shall be made available to
representatives of the Department upon request. For each process and operation,
such records shall include, but not be limited to:
a. Gallons of VOC used;
b. Pounds of VOC used;
c. Gallons of individual and total HAP used;
and d. Pounds of individual and total HAP used.
(26)
Rock Crushing and
Processing Operations - Existing Equipment Replacement.
(a)
Applicability on and after
July 24, 2009. 310 CMR 7.03(26) shall apply to the replacement of
equipment at a rock crushing and processing facility operating with a written
plan approval from the Department under the provisions of
310 CMR
7.02.
(b)
DEFINITIONS.
When used in 310 CMR 7.03(26) the following terms shall mean:
1.
Conveying Systems
means a device for transporting materials from one piece of equipment or
location to another piece of equipment or location.
2.
Crusher means a
machine used to crush nonmetallic minerals into smaller pieces, and includes,
but is not limited to, the following types: jaw, gyratory, cone, roll, rod
mill, hammermill, and impactor.
3.
Dust Suppression System means a water spray system
designed to minimize fugitive emissions throughout the rock crushing and
processing operation.
4.
Rock Crushing and Processing Equipment means a
combination of equipment that is used to crush and sort nonmetallic minerals
including, but not limited to, crushers, screening operators, conveying
systems, dust suppression systems, feeders, and wash systems.
5.
Screening
Operation means a device for separating material according to size
by passing undersized material through one or more mesh surfaces (screens) in
series, and retaining oversized material on the mesh
surfaces.
(c)
Equipment Replacement. An owner or operator may
replace rock crushing and processing equipment under the provisions of 310 CMR
7.03(26) provided that:
1. The rock crushing
and processing equipment was previously approved by the Department in writing
under the provisions of
310 CMR
7.02 and said approval is valid at the time
of equipment replacement, and
2.
Equipment replacement will not increase overall processing capacity or
emissions (including noise) from the rock crushing and processing operation,
and
3. The owner or operator
complies with the provisions of 310 CMR 7.03(26) in its entirety, and
4. The rock crushing and processing operation
shall be equipped with a dust suppression system that will limit opacity to
less than 10% at all time, and
5.
The rock crushing and processing operation will be operated in accordance with
all applicable conditions and limitations contained in the Department's plan
approval for the original equipment.
(d)
Testing. Within
seven days of recommencement of operation after completion of equipment
replacement, visible emission observations shall be conducted for the rock
crushing and processing operations in accordance with 40 CFR 60:
Appendix A Method 9 to verify compliance with 310 CMR
7.03(26)(c)4.
(e)
Record Keeping. Records documenting any equipment
replacement as provided in 310 CMR 7.03(26) and of visible emission
observations as required by 310 CMR 7.03(26)(d) shall be maintained on-site in
accordance with the provisions of 310 CMR 7.03(6).
(f)
Reporting.
Replacement of equipment shall be reported to the Department in accordance with
the provisions of 310 CMR 7.03(5).
(g)
Duty to Comply.
Compliance with the provisions of 310 CMR 7.03(26) does not obviate the need to
comply with 40 CFR 60 Subpart OOO if applicable.
