Current through Register 1531, September 27, 2024
(10)
Perchloroethylene Air
Emissions Standards for Dry Cleaning Facilities - Applicability.
(a) Except as provided in 310 CMR 7.26(12)(a)
and (b), each dry cleaning facility shall comply with the provisions of 310 CMR
7.26(10) through (16) beginning on May 2, 1997 or immediately upon startup,
whichever is later. All coin-operated dry cleaning machines are exempt from the
requirements of 310 CMR 7.26(10) through (16).
(b) The provisions of 310 CMR 7.26(10)
through (16) apply to the owner or operator of a dry cleaning facility that
has:
1. Only dry-to-dry machine(s) and has
perchloroethylene consumption equal to or less than 2,100 gallons per 12-month
rolling period as determined in accordance with 310 CMR 7.26(10)(c);
or
2. Only a transfer machine
system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has
perchloroethylene consumption equal to or less than 1,800 gallons per 12-month
rolling period as determined in accordance with 310 CMR 7.26(10)(c).
(c) When calculating the
perchloroethylene consumption for each 12-month rolling period for the purpose
of determining applicability under 310 CMR 7.26(10)(a), the owner or operator
shall sum on the first day of every month the volume of all perchloroethylene
purchases made in each of the previous 12 months, as recorded in the log
described in 310 CMR 7.26(15)(d)1.
(d) Notwithstanding the forgoing, 310 CMR
7.26 does not apply to dry-to-dry perchloroethylene dry cleaning facilities
co-located with a residence, installed between December 21, 2005 through July
13, 2006. N.B. These dry-to-dry facilities are subject to the
federal Maximum Available Control Technology (MACT) standards for
perchloroethylene dry cleaning facilities ( 40 CFR Part 63 , Subpart
M).
(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,
2008.1
1 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
applicable
4. 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; and
4.
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;
and
2. 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;
4.
Pumps;
5. Solvent tanks and
containers;
6. Water
separators;
7. Muck
cookers;
8. Stills;
9. Exhaust dampers;
10. Diverter valves (if required);
and
11. All filter
housings.
(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; or
3. 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; or
2. 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; and
2.
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; and
11. 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); and
6. 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; and
7. 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).
(b) (Reserved)
(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;
2. 10 tons of any
HAP;
3. 25 tons of a combination of
HAPs; and
4. 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"); and
2. 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; and
2. 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:
1.
(Reserved)
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; and
b. 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; or
ii. 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; or
b. 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);
and
b. 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); or
ii. 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); and
b. 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, and
3. 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;
or
2. 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); or
2. 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; or
3. 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); or
4. 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; or
2. 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; and
3. during an emergency.
b. 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; and
4. 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; and
3. 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:
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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; and
4. 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); and
2.
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;
2.
garbage;
3. tires;
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;
11. chemicals;
12. coal;
13. glossy or colored papers;
14. construction and demolition
debris;
15. plywood;
16. particleboard;
17. salt water driftwood and other previously
salt water saturated materials;
18.
manure;
19. animal carcasses;
and
20. asphalt products.
(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:
1. Clean wood;
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; and
8. 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; or
b. 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; or
c. 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), and
ii. 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;
2. Firebox:
dimensions;
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;
11. Fuel feed
system;
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;
4. heat exchanger;
5. heating fluids.
(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); or
7. 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; and
b. 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;
ii. date of manufacture;
iii. model name and number;
iv. serial 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; and
b. 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; and
12. 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.
