Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 7.00 - Air Pollution Control
Section 7.04 - U Fossil Fuel Utilization Facilities

Universal Citation: 310 MA Code of Regs 310.7

Current through Register 1531, September 27, 2024

(1) (Reserved)

(2) U Smoke Density Indicator.

(a) on or after June 1, 1990, no person shall cause, suffer, allow, or permit the burning of any grade oil or solid fuel in any fuel utilization facility having an energy input capacity rated by the Department equal to or greater than 40,000,000 Btu per hour, unless such facility is equipped with a smoke density sensing instrument and recorder which are properly maintained in an accurate operating condition, operates continuously and is equipped with an audible alarm to signal the need for combustion equipment adjustment or repair when the smoke density is equal to or greater than No. 1 of the Chart. Such smoke density equipment shall be available for inspection at reasonable times by a representative of the Department. Such inspection may include the review of recording charts which must be retained and made available for a period of one year from the date of use.

(b) the Department may require any fuel utilization facility, other than those specified under the provision of 310 CMR 7.04(2)(a) to be equipped with smoke density sensing devices and appurtenances if, in the opinion of the Department, such are deemed necessary.

(c) On or after July 1, 2000 any person owning or operating a fuel utilization facility with an energy input capacity equal to or greater than 10,000,000 Btu per hour but less than 40,000,000 Btu per hour is no longer required to install or maintain a smoke density sensing instrument and recorder even if required in a previous plan approval. Applicability is based on the size of an individual fuel utilization emission unit.

(d) Notwithstanding the requirements of 310 CMR 7.04(2)(a) and (c), a new or modified fuel utilization facility may be required to install instrumentation to monitor opacity should it be subject to New Source Performance Standards contained at 40 CFR Part 60 , Subparts D, Da, Db or Dc.

(3) Reserved)

(4) U Inspection, Maintenance and Testing.

(a) On and after December 31, 1977, no person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization facility rated by the Department as having an energy input capacity equal to or greater than 3,000,000 Btu per hour unless said facility has been inspected and maintained in accordance with the manufacturers recommendations and tested for efficient operation at least once in each calendar year. The results of said inspection, maintenance, and testing and the date upon which it was performed shall be recorded and posted conspicuously on or near the facility. Unless otherwise required, 310 CMR 7.04(4)(a) shall not apply to stationary combustion turbines and stationary reciprocating engines.

(b) No person shall cause, suffer, allow, or permit the removal, alteration or shall otherwise render inoperative any air pollution control equipment which has been installed as a requirement of 310 CMR 7.00, other than for reasonable maintenance periods or unexpected and unavoidable failure of equipment.

(5) U Fuel Oil Viscosity. On or after July 1, 1978, no person shall cause, suffer, allow, or permit the burning of any grade residual oil in any fossil fuel utilization facility with an energy input capacity rated by the Department as equal to or greater than 250,000,000 Btu per hour unless said facility is equipped with an automatic viscosity controller that shall control the viscosity of the fuel oil to the burners. The automatic controller shall be of a type approved by the Department.

The Department may require a fossil fuel utilization facility with an energy input capacity rated by the Department as equal to or greater than 100,000,000 Btu per hour but less than 250,000,000 Btu per hour to be equipped with an automatic viscosity controller if, in the opinion of the Department, such is deemed necessary.

(6) U. No person shall cause, suffer, allow, or permit the installation or use of any material, article, machine, equipment, or contrivance which conceals an emission without reducing the total weight of emissions where such emission would constitute a violation of any applicable regulation.

(7) CM Prohibition of Unapproved Burners in the City of Worcester.

(a) Upon receipt of written notification from the Department, no person shall cause, suffer, allow, or permit the operation of a fossil fuel utilization facility having an energy input capacity greater than 3,000,000 Btu per hour located in the City of Worcester utilizing a burner or burners of a design not approved by the Department, without the approval of the Department pursuant to 310 CMR 7.00.

(b)310 CMR 7.04(7)(a) shall not apply to those facilities having met any one of the following conditions:
1. demonstrated an ability to maintain compliance with applicable regulations;

2. demonstrated to the satisfaction of the Department that the fossil fuel utilization facility is used only as an emergency or standby unit; or

3. demonstrated to the satisfaction of the Department that utilization of distillate fuel oil in the fossil fuel utilization facility will not cause a violation 310 CMR 7.00.

(c) No person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization facility subject to the provisions of 310 CMR 7.04(7)(a) unless said person has submitted a schedule to the Department on a form provided by the Department specifying the dates by which compliance with 310 CMR 7.04(7)(a) will be achieved. Compliance in all instances shall be achieved as expeditiously as practicable but in no case later than September 1, 1980.

(8) CM Prohibition of Natural Draft in Fossil Fuel Utilization Facilities in the City of Worcester.

(a) Upon receipt of written notification from the Department, no person shall cause, suffer, allow, or permit the use of natural draft as a secondary air supply in a fossil fuel utilization facility having an energy input capacity greater than 3,000,000 Btu per hour located in the City of Worcester, without the approval of the Department pursuant to 310 CMR 7.00

(b)310 CMR 7.04(8)(a) shall not apply to those facilities having met either of the following conditions:
1. demonstrated an ability to maintain compliance with applicable regulations; or

2. demonstrated to the satisfaction of the Department that the fossil fuel utilization facility is used only as an emergency or standby unit.

(c) No person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization facility subject to the provisions of 310 CMR 7.04(8)(a) unless said person has submitted a schedule to the Department specifying the dates by which compliance with 310 CMR 7.04(8)(a) will be achieved. Compliance in all instances shall be achieved as expeditiously as practicable, but in no case later than September 1, 1980.

(9) USED OIL FUEL.

(a) Except as provided for in 310 CMR 7.04(9)(b) through (d), no person having control of a fossil fuel utilization facility shall cause, suffer, allow, or permit the burning therein of used oil fuel unless:
1. the Department has in writing approved the plans, specifications, Standard Operating Procedure, and maintenance procedure for the facility in which the used oil fuel is to be burned, and

2. the used oil fuel is burned in said facility in accordance with the plans, specifications, Standard Operating Procedure, and maintenance procedure as approved in writing by the Department, including all terms and conditions which the Department may include in such approval, and

3. a minimum combustion efficiency of 99.5% is achieved, and

4. the energy input capacity for each individual facility is equal to or greater than 3,000,000 Btu per hour.

(b) A person who, on July 1, 1986, was lawfully burning used oil fuel in a fossil fuel utilization facility other than a used oil fuel fired space heater may continue to do so
1. between that date and December 31, 1986 only if a. a minimum combustion efficiency of 99.5% is achieved, and b. the energy input capacity for each individual facility is equal to or greater than 3,000,000 Btu per hour, and c. the activity is in compliance with all applicable provisions of 310 CMR 7.00, except that specific approval by the Department to burn used oil fuel in the fossil fuel utilization facility shall not be required during that time, and d. the activity is in compliance with all applicable provisions of 310 CMR 30.099(16) and 310 CMR 30.200, including but not limited to the conditions set forth in 310 CMR 30.205, except that a recycling permit shall not be required during that time, and

2. after December 31, 1986 only if a. such person has applied in writing to the Department for the Department's approval of the plans, specifications, Standard Operating Procedure, and maintenance procedure for the fossil fuel utilization facility in which the used oil fuel is to be burned, and b. such application was received by the Department by no later than December 31, 1986, and c. such application has not been denied by the Department, and d. the activity is in compliance with all applicable provisions of 310 CMR 7.00, except that specific approval by the Department to burn used oil fuel in the fossil fuel utilization facility shall not be required while such application is pending, and e. the activity is in compliance with all applicable provisions of 310 CMR 30.099(16) and 310 CMR 30.200, including but not limited to the conditions set forth in 310 CMR 30.205, except that a recycling permit shall not be required while the application referred to in 310 CMR 30.099(16) is pending, and f. a minimum combustion efficiency of 99.5% is achieved, and g. the energy input capacity for each individual facility is equal to or greater than 3,000,000 Btu per hour.

(c) No person shall sell or distribute, or offer for sale or distribution, any used oil fuel fired space heater unless the energy input capacity of the space heater is equal to or less than 500,000 Btu per hour.

(d) No person shall cause, suffer, allow, or permit the burning of used oil fuel in any space heater unless:
1. the energy input capacity of the space heater is equal to or less than 500,000 Btu per hour,

2. the combustion gases are vented vertically to the ambient air so as to not cause or contribute to a condition of air pollution,

3. the used oil fired space heater is integrally connected to a tank that supplies the used oil fuel to the space heater,

4. the used oil fired space heater is operated and maintained in accordance with the manufacturers recommended operating and maintenance procedures, and the used oil fired space heater is not operated during the period from June 15th through September 15th,

5. the used oil fuel is burned at the site of generation, or off the site of generation as a supplemental fuel source, which may include used oil fuel generated and transported by a very small quantity generator pursuant to 310 CMR 30.353, or used oil fuel generated by a household as described in 310 CMR 30.104(6);

6. the used oil fuel is hazardous waste only because it is waste oil pursuant to 310 CMR 30.131, and has a flash point of 100oF or higher; and

7. the burning of the used oil fuel in the used oil fuel fired space heater is done in compliance with all other applicable regulations and requirements of the Department, the local fire department and the Office of the Massachusetts State Fire Marshall.

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