Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations
Section 4.02 - Air Quality, Odor and Emissions
Current through Register 1531, September 27, 2024
(1) Overview. The intent of 974 CMR 4.02 is to preclude or significantly mitigate conditions that could cause nuisance impacts to area residents and businesses or other users within the Devens Enterprise Zone (DEZ).
While it is the intent of 974 CMR 4.02 to provide a local complaint mechanism in regard to air quality, odors and emissions, it is also recognized that many businesses at Devens will be required to obtain a Massachusetts Department of Environmental Protection (MADEP) air quality permit, due to the pre-emptive or higher jurisdictional structure of the Commonwealth, when something is explicitly regulated. This is also in acknowledgment of the stringency of Massachusetts air quality laws and regulations ( 310 CMR 6.00 through 8.00). It is anticipated that this circumstance will preclude many potential difficulties in this area of impact. For more detail, refer to 974 CMR 4.02(2).
For the preceding reasons, there shall be two distinct courses of action for the DEC to follow, in regard to addressing complaints in this area of impact and enforcing resolution of them:
(2) Complaint & Enforcement Process.
(3) Air Quality Standards. No party owning, leasing or otherwise controlling a potential source of air emissions within the Devens Enterprise Zone (DEZ) may at any time exceed the air quality, odor, and emissions standards established in 310 CMR 6.00 through 8.00 (Department of Environmental Protection (MADEP)). Specifically, the DEC shall have the authority to review any use, person or activity operating within the DEZ with regard to the following concerns:
(4) Internal Impacts. No party owning, leasing or otherwise controlling a potential source of odor within the Devens Enterprise Zone (DEZ), shall permit emissions therefrom which cause or contribute to a condition of air pollution within DEZ.
(5) External Impacts. No party owning, leasing or otherwise controlling a potential source of odor within the Devens Enterprise Zone (DEZ), shall permit emissions therefrom which cause or contribute to a condition of air pollution beyond the perimeter boundary of DEZ.