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 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

310 CMR 19.000: SOLID WASTE MANAGEMENT

PART I: GENERAL REQUIREMENTS, PROCEDURES AND PERMITS

19.001: Authority
19.002: Purpose
19.003: Applicability
19.004: Severability
19.005: Computation of Time
19.006: Definitions
19.007: Access Rights of the Department
19.008: Accurate and Timely Submittals
19.009: Accurate and Complete Record Keeping
19.010: Accurate Monitoring
19.011: Signatories, Certification and Engineer's Supervision
19.012: Determinations by the Department
19.013: Exemptions
19.014: Prohibition on Open Dumps and Dumping Grounds and Illegal Disposal of Solid Waste
19.015: Compliance
19.016: Post-closure Use
19.017: Waste Bans
19.018: Third-party Inspections
19.028: Requirements for Construction, Operation, Modification or Expansion of a Solid Waste
Management Facility
19.029: Applicable Permit and Certification Procedures for Construction, Operation, Modification or
Expansion of a Solid Waste Management Facility
19.030: Application for a Solid Waste Management Facility Permit
19.032: Permit Procedure for a New Facility or Expansion Permit Application
19.033: Permit Procedure for an Application for a Permit Modification or Other Approval
19.034: Presumptive Approval Procedure
19.035: Transfer Station Certifications
19.036: Department's Modification, Suspension or Revocation of a Permit
19.038: Review Criteria for a New or Expanded Facility Permit or Permit Modification
19.041: Authorization to Construct
19.042: Authorization to Operate
19.043: Conditions for Permits and Other Approvals
19.044: Transfer of Permits
19.045: Facility Closure and Post-closure
19.050: Private Facility Tax
19.051: Financial Assurance Requirements
19.060: Beneficial Use of Solid Wastes
19.061: Special Waste
19.062: Demonstration Projects or Facilities
(19.070: Operator Certification Requirements: Reserved)
19.080: Variances
19.081: Enforcement Provisions
19.082: Penalties
19.083: Enforcement of Minimum Recycling Requirements

PART II: LANDFILL DESIGN AND OPERATIONAL STANDARDS

19.100: Preamble
19.101: Applicability
19.102: Definitions
19.103: Additional Requirements
19.104: Landfill Facility Plan
19.105: Equivalency Review Standards and Procedures
19.106: Quality Assurance and Quality Control Requirements
19.107: Construction Certification
19.110: Ground Water Protection Systems
19.111: Alternative Ground Water Protection System Design
19.112: Landfill Final Cover Systems
19.113: Alternative Landfill Final Cover System Design
19.114: Ground Water Protection System and Final Cover Waivers
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Section: continued

19.115: Storm Water Control

19.116: Surface and Ground Water Protection
19.117: Air Quality Protection Systems
19.118: Ground Water, Surface Water and Gas Monitoring Systems
19.119: Design Requirements for Ash Landfills
19.120: Design Requirements for Woodwaste Landfills
19.121: Landfill Gas Recovery Operations
19.130: Operation and Maintenance Requirements
19.131: Additional Operation and Maintenance Requirements for Landfills that Accept Ash
19.132: Environmental Monitoring Requirements
19.133: Maintenance of Environmental Control and Monitoring Systems
19.140: Landfill Closure Requirements
19.141: Notice of Landfill Operation
19.142: Landfill Post-closure Requirements
19.143: Post-closure Use of Landfills
19.150: Landfill Assessment Requirements
19.151: Corrective Action Requirements

PART III: TRANSFER STATION DESIGN AND OPERATIONS STANDARDS

19.200: Preamble
19.201: Applicability
19.202: Definitions
19.203: Additional Requirements
(19.204: Handling Facility Plan: Reserved)
19.205: Handling Facility Design Requirements
19.206: Construction and Demolition (C&D) Waste Processing Facilities Requirements
19.207: Handling Facility Operation and Maintenance Requirements

CLASS II RECYCLING PROGRAM

19.300: Preamble
19.301: Applicability
19.302: Definitions
19.303: Class II Recycling Program

19.001: Authority

310 CMR 19.000 is promulgated by the Commissioner and the Department of Environmental
Protection pursuant to the authority granted by St. 1987, c. 584, M.G.L. c. 21A, §§ 2 and 8 and
c. 111, § 150A.

19.002: Purpose

310 CMR 19.000 is intended to protect public health, safety and the environment by
comprehensively regulating the storage, transfer, processing, treatment, disposal, use and reuse
of solid waste in Massachusetts. Protection of public health, safety and the environment is
primarily the prevention of pollution from the site, but also encompasses the operation of the
facility within an integrated solid waste management system which maximizes material reuse and
the conservation of energy.

19.003: Applicability

(1) 310 CMR 19.000 shall apply to all solid waste management activities and facilities
including, without limitation, landfills, dumping grounds, transfer stations, solid waste
combustion facilities, solid waste processing and handling facilities, recycling facilities, refuse
composting facilities and other works or sites for the storage, transfer, treatment, processing or
disposal of solid waste and the beneficial use of solid waste.

(2) 310 CMR 19.014 and 19.017 also shall apply to any person disposing or contracting for
disposal or transport of solid waste or restricted materials listed in Table 310 CMR 19.017(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.004: Severability

It is hereby declared that the provisions of 310 CMR 19.000 are severable, and if any
provision hereof or the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions of 310 CMR 19.000, and the application thereof to
persons or circumstances which can be given effect without the invalid provision or application.

19.005: Computation of Time

Unless otherwise specifically provided by law or 310 CMR 19.000, any determination issued
pursuant to 310 CMR 19.000, or any time period prescribed or referred to in 310 CMR 19.000
shall begin with the first day following the act which initiates the running of the time period, and
shall include every calendar day, including the last day of the time period so computed. If the
last day is a Saturday, Sunday, legal holiday, or any other day in which the Department's offices
are closed, the deadline shall run until the end of the next business day. If the time period
prescribed or referred to is six days or less, only days when the offices of the Department are
open shall be included in the computation.

19.006: Definitions

For purposes of 310 CMR 19.000, the following words and phrases shall have the following
meanings unless the content clearly indicates otherwise:

Abutter means the owner of land sharing a common boundary or corner with the site of the
proposed activity in any direction, including, but not limited to, land located directly across a
street, way, creek, river, stream, brook or canal.

Access Road means a roadway or course providing access to a facility, or areas within a site
assigned area, from a public way or other road that is not under the control of the operator.

Action Leakage Rate (ALR) means the quantity of liquid collected from a the leak detection
system of a double liner system over a specified period of time which, when exceeded, requires
certain actions to be taken as described in a plan approved by the Department.

Active Landfill means a landfill that has an authorization to operate pursuant to 310 CMR 19.042
and for which the Department has not approved facility closure completion pursuant to 310 CMR
19.140(6).

Adverse Impact means an injurious impact which is significant in relation to the public health,
safety, or environmental interest being protected.

Agricultural Material means organic materials produced from the raising and processing of plants
and animals as part of agronomic, horticultural, aquacultural or silvicultural operations,
including, but not limited to, animal manures, animal products and by-products (including
carcasses), bedding materials and plant materials.

Airport means any air navigation facility certificated by the Massachusetts Aeronautics
Commission (MAC) under provisions of M.G.L. c. 90, and airports operated by the
Massachusetts Port Authority.

Airport Zone means the area surrounding an airport that is within 10,000 feet (3,048 meters) of
any airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport
runway used by only piston type aircraft.

Applicant means the person named in the application as the owner of a property interest in the
site or the operator of the proposed facility where the owner has entered into an agreement with
an operator at the time the application is filed.

Aquifer means a geologic formation, group of formations, or part of a formation capable of

yielding a significant amount of ground water to wells or springs.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Asbestos Waste means Asbestos-containing Material and Asbestos-containing Waste Material

as defined in 310 CMR 7.00: Air Pollution Control.

Ash means the residual by-product of a thermal combustion/reduction process, including all ash
fractions (bottom, fly, boiler and economizer ash).

Asphalt Pavement, Brick and Concrete means asphalt pavement, brick and concrete from
construction activities and demolition of buildings, roads and bridges and similar sources.

Bedrock means cemented or consolidated earth materials exposed on the earth's surface or
underlying unconsolidated earth materials.

Beneficial Use means the use of a material as an effective substitute for a commercial product
or commodity.

Bird Hazard means a hazard to aircraft created by an increase in the likelihood of bird/aircraft
collisions.

Board of Health means the legally designated health authority of the city, town or other legally
constituted governmental unit within the Commonwealth having the usual powers and duties of
the board of health of a city or town, or its authorized agent or representative; provided, that in
any case in which a waste disposal facility extends into the geographic areas of two or more
boards of health, said boards may coordinate activities in effecting compliance with 310 CMR
19.000 for the management of solid wastes.

Bulky Wastes means waste items of unusually large size including but not limited to large
appliances, furniture, large auto parts, stumps, trees, branches, brush.

Cathode Ray Tube (CRT) means any intact, broken, or processed glass tube used to provide the
visual display in televisions, computer monitors and certain scientific instruments such as
oscilloscopes.

Cell means a discrete portion of a landfill that contains or is designed to contain compacted solid
waste enclosed by natural soil or other non-waste materials.

Clean Gypsum Wallboard means gypsum wallboard that is not contaminated with paint,
wallpaper, joint compound, adhesives, nails, or other substances after manufacture. Gypsum
wallboard means a panel (also known as drywall) with a gypsum core and faced with a heavy
paper or other material on both sides.

Clean Wood means discarded material consisting of trees, stumps, and brush, including but not
limited to sawdust, chips, shavings, bark, and new or used lumber. Clean wood does not include:
(a) wood from commingled construction and demolition waste;
(b) engineered wood products; and
(c) wood containing or likely to contain:
1. asbestos;
2. chemical preservatives such as, but not limited to, chromated copper arsenate (CCA),
creosote or pentachlorophenol; or
3. paints, stains or other coatings, or adhesives.

Closed Landfill means a landfill for which the Department has determined that the facility
closure has been completed or has approved a post-closure monitoring plan pursuant to
310 CMR 19.140.

Closure means the act or process of deactivating a facility in compliance with the approved
facility final closure plan and applicable closure requirements.

Combustion Facility means a facility employing an enclosed system using controlled flame
combustion, the primary purpose of which is to thermally break down solid wastes, producing
ash that contains little or no combustible materials.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Commercial Organic Material effective through October 31, 2022 means food material and
vegetative material from any entity that generates more than one ton of those materials for solid
waste disposal per week, but excludes material from a residence. Effective beginning
November 1, 2022 commercial organic material means food material and vegetative material
from any entity that generates more than one-half ton of those materials for solid waste disposal
per week, but excludes material from a residence.

Commercial Products means of or relating to goods. Commercial products are often unrefined,
produced and distributed in large quantities for use. A commercial product may be solid like a
concrete block, or loose like aggregate drainage material. A commercial product may be
manufactured or produced using solely secondary materials.

Commercial Solid Waste means all types of solid waste generated by stores, offices, institutions,
restaurants, warehouses, and other non-manufacturing activities, or similar types of solid waste
generated from manufacturing operations. Commercial Solid Waste does not include solid waste
generated in a residence or in a manufacturing or industrial process.

Commissioner means the Commissioner of the Department of Environmental Protection or his

or her designee.

Composting or Composted means a process of accelerated biodegradation of organic materials

using microorganisms under controlled conditions in the presence of oxygen using windrows or
piles including, but not limited to, covered aerated piles or bays. For the purposes of 310 CMR
19.000, composting is not aerobic digestion or conversion.

Composite Liner means a groundwater protection system that is composed of two or more low
permeability layers where, typically, the upper layer consists of FML (flexible membrane liner)
or Geomembrane in direct contact with the lower layer consisting of a low permeability soil
and/or a geosynthetic clay liner (GCL).

Construction and Demolition Waste (C&D) Processing Facility means a handling facility where
construction and demolition waste is brought, stored and processed (usually by sorting, crushing,
shredding, screening, etc.) prior to reuse or transport to a solid waste disposal facility or to other
types of facilities for recycling, recovery or reuse.

Construction and Demolition Waste (C&D) means the waste building materials and rubble
resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads
or other structures. Construction and demolition waste includes, but is not limited to, concrete,
bricks, asphalt pavement, masonry, plaster, gypsum wallboard, metal, lumber and wood.

Construction and Demolition Waste (C&D) Transfer Station means a transfer station permitted
by the Department to accept 50 tons per day or more of construction and demolition waste. A
C&D waste transfer station may accept other types of solid waste in accordance with its permit.

Cover Material means soil or other materials that can be placed in one or more layers over solid
waste for control of vectors, fires, odors, percolation of water into a landfill, grading, support of
vegetation and related environmental or engineering purposes.

Critical Contaminant of Concern (CCC) means contaminants identified by the Department to be

of particular concern due to their toxicity, persistence, ability to bio-accumulate, or widespread
occurrence.

Cumulative Receptor Cancer Risk means that risk as defined in 310 CMR 40.0000:
Massachusetts Contingency Plan. As of October 7, 2005, Cumulative Receptor Cancer Risk is
defined at 310 CMR 40.0000 as follows: the sum of the estimated excess lifetime cancer risks
associated with exposure to all oil and/or hazardous material at or from a disposal site at all
exposure points for a given receptor.

Cumulative Receptor Non-cancer Risk means that risk as defined in 310 CMR40.0000:
Massachusetts Contingency Plan. As of October 7, 2005, Cumulative Receptor Non-cancer Risk
is defined at 310 CMR 40.0000 as follows: a calculation of the possibility of non-cancer health
effects associated with exposure to all oil and/or hazardous material at or from a disposal site at
all exposure points identified for a given receptor. The Hazard Index is a measure of the
Cumulative Receptor Non-cancer Risk.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Current Operations means those areas of a solid waste management facility which had been filled
with refuse, were in active use for management of solid wastes or were under construction as of
July 1, 1990.

Department means the Department of Environmental Protection.

Destructive Practices means any process that requires the demolition of commercial products that
were manufactured using secondary materials.

Discharge means the accidental or intentional spilling, leaking, pumping, emitting, emptying,
dumping or placement of any solid waste into or on any land or water so that such solid waste
or any constituent thereof may enter the environment or be emitted into the air or discharged into
any waters, including groundwater.

Disposal means the final dumping, landfilling or placement of solid waste into or on any land
or water or the combustion of solid waste.

Disposal Facility means any combustion facility or any landfill.

Double Liner means a groundwater protection system that is comprised of two liners that are
separated by a drainage layer that provides a leak detection function by collecting any leachate
that leaks through the primary liner.

Downgradient means:
(a) in reference to surface water, the direction perpendicular to lines of equal elevation over
a distance in which elevation continuously decreases, measured from the point or area in
question; or
(b) in reference to groundwater, the direction perpendicular to lines of equipotential over
a distance in which total head continuously decreases, measured from the point or area in
question.

Dumping Ground means a facility or place used for the disposal of solid waste from one or more
sources which is not established or maintained pursuant to a valid site assignment or permit in
accordance with M.G.L. c. 111, § 150A, 310 CMR 16.00: Site Assignment Regulations for Solid
Waste Facilities or 310 CMR 19.000.

Equipment means any item of machinery or implement used in the operation or maintenance of
a facility.

Expansion means:
(a) For a landfill, a horizontal or vertical increase in the size of the landfill beyond the
horizontal or vertical limits specified or approved in the permit; and
(b) For a transfer station:
1. In the case of a transfer station permitted by the Department to accept less than 50
tons per day (TPD), an increase in the tonnage acceptance limits approved in the permit
that would result in the facility accepting 50 TPD or more; and
2. In the case of a transfer station permitted by the Department to accept 50 TPD or
more, an increase in the tonnage acceptance limits of more than 25% beyond the limits
approved in the permit, determined on a cumulative basis since the last new or expanded
transfer-station permit was issued to the facility.
(c) For any other handling facility or combustion facility, an increase in the tonnage
acceptance limits beyond the tonnage limits approved in the facility permit.

Exposure means exposure as defined in 310 CMR 40.0000: Massachusetts Contingency Plan.
As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: any contact with
or ingestion, inhalation or assimilation of oil and/or hazardous material, including, without
limitation, irradiation.

Exposure Pathway means exposure as defined in 310 CMR 40.0000: Massachusetts

Contingency Plan. As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows:
The mechanism by which human or environmental receptors inhale, consume, absorb, or
otherwise take in oil and/or hazardous material at an exposure point.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Exposure Point means that point as defined in 310 CMR 40.0000: Massachusetts Contingency
Plan. As of October 7, 2005 Exposure Point is defined at 310 CMR 40.0000 as follows: a
___location of potential contact between a human or environmental receptor and a release of oil
and/or hazardous material. An Exposure Point may describe an area or zone of potential
exposure, as well as a single discrete point.

Exposure Point Concentration means that concentration as defined in 310 CMR

40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure Point
Concentration is defined at 310 CMR 40.0000 as follows: the concentration of oil or hazardous
material in a specific medium which a human or environmental receptor may contact at an
Exposure Point.

Facility means a site or works, and other appurtenances thereto, which is, has been or will be
used for the handling storage, transfer, processing, treatment or disposal of solid waste including
all land, structures and improvements which are directly related to solid waste activities.

Factor of Safety means the ratio of the breaking stress of a structure to the estimated maximum
stress in ordinary use.

Fault means a fracture or a zone of fractures in any material along which strata on one side have
been displaced with respect to those on the other side.

Flexible Membrane Liner (FML) or Geomembrane Liner means a continuous layer of low-
permeability flexible polymeric material beneath, on the sides and/or on the top of a landfill or
landfill cell.

Floodplain means an area which floods from a rise in a bordering waterway or waterbody and
is the maximum lateral extent of flood water which will result from the statistical 100 year
frequency storm. This boundary shall be determined using the data available through the
National Flood Insurance Program (NFIP) as administered by the Federal Emergency
Management Agency (FEMA), except where the Department determines that more accurate
information is available.

Food Material means material produced from human or animal food production, preparation and
consumption activities and which consists of, but is not limited to, fruits, vegetables, grains, and
fish and animal products and byproducts.

Geologic Formation means the basic stratigraphic unit which is a mappable lithologic entity
characterized by a particular rock type or types.

Geonet or Geocomposite means a synthetic material with its primary function designed to
facilitate drainage.

Geosynthetic Clay Liner (GCL) means a liner material that is comprised of a layer of sodium
bentonite clay (or similar low permeability clay) either sandwiched and mechanically secured
between two materials (typically synthetic) or chemically bonded to a synthetic material to create
a continuous low permeability layer or liner.

Geotextile means a permeable synthetic material that can be a woven, nonwoven, composite, or
knitted product, etc. that fulfills several functions in civil engineering, especially separation,
filtration, drainage and protection.

Ground Water means water below the land surface in a saturated zone.

Groundwater Protection System means an engineered system that may include without
limitation, liners and barrier structures; leachate collection, storage and disposal systems;
drainage systems and/or other technologies intended to prevent the migration of leachate into and
contamination of the groundwater.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Handling means storing, transferring, processing or treating of a material or solid waste.

Handling Area means an area used for the transfer, storage, processing or treatment of solid
waste, excluding weigh stations or access roads.

Handling Facility means any facility that is not a disposal facility and that is used for the storage,
processing or treatment of solid waste.

Hazardous Material means that material as defined in 310 CMR 40.000: Massachusetts
Contingency Plan. As of October 7, 2005 Hazardous Material is defined at 310 CMR 40.0000
as follows: material, including, but not limited to, any material in whatever form which, because
of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or
radioactive characteristics, either separately or in combination with any substance or substances,
constitutes a present or potential threat to human health, safety, welfare, or to the environment,
when improperly stored, treated, transported, disposed of, used, or otherwise managed. The term
shall not include oil, but shall include waste oil and all those substances which are included
under 42 U.S.C. § 9601(14), but it is not limited to those substances. The term shall also
include, but is not limited to, material regulated as hazardous waste or recyclable material under
310 CMR 30.000: Hazardous Waste.

Hazardous Waste means any waste that is defined and regulated under 310 CMR
30.000: Hazardous Waste.

Holocene means the most recent epoch of the Quaternary period, extending from the end of the
Pleistocene Epoch to the present.

Household Hazardous Waste means hazardous waste generated by households but which is not
subject to the Hazardous Waste Regulations pursuant to 310 CMR 30.104: Wastes Subject to
Exemption From 310 CMR 30.000 except as provided in 310 CMR 30.390: Special Provisions
for Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by Very
Small Quantity Generators.

Hydrogeologic Study means a detailed study designed to define and assess the geologic and
hydrologic character of a given area focusing on existing or potential water quality impacts.

Interim Wellhead Protection Area (IWPA) means that area defined by 310 CMR 22.00:
Drinking Water. As of October 7, 2005 Interim Wellhead Protection Area is defined at
310 CMR 22.00 as follows: for public water systems using wells or wellfields that lack a
Department approved Zone II, the Department will apply an interim wellhead protection area.
This interim wellhead protection area shall be a ½ mile radius measured from the well or
wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells or
wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approved
pumping rate which may be calculated according to the following equation: IWPA radius in feet
= (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radius
otherwise computed and determined by the Department shall be applied to transient non-
community (TNC) and non-transient non-community (NTNC) wells when there is no metered
rate of withdrawal or no approved pumping rate.

Landfill means a facility or part of a facility established in accordance with a valid site
assignment for the disposal of solid waste into or on land.

Leachate means a liquid that has passed through or emerged from solid waste and which may
contain soluble or suspended material from such waste.

Leak Detection System means a secondary leachate collection system or other means that can
both detect the presence of leachate which has leaked through the primary liner and identify the
area of the primary liner through which the leachate has leaked.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Liner means an engineered layer or layers of recompacted soils and/or synthetic materials
designed to restrict the movement of leachate into ground water and to facilitate the collection
of leachate. "Liner" may refer to one or more low permeability layers in a ground water
protection system.

Lithified Earth Material means all rock, including all naturally occurring and naturally formed
aggregates or masses of minerals or small particles of older rock formed by crystallization of
magma or by induration of loose sediments. Lithified Earth Material does not include man-made
materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil or regolith
lying at or near the earth surface.

Lower Explosive Limit (LEL) means the lowest percent by volume of a mixture of explosive
gases in air that will propagate a flame at 25°C and atmospheric pressure.

Maintain means to establish, keep or sustain the presence of a facility on a site, whether or not
such facility is in operation or has been closed.

Mattress means any resilient material or combination of materials that is enclosed by ticking,
used alone or in combination with other products, that is intended for sleeping upon, except for
mattresses that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances.
Mattress includes any foundation or box-spring. Mattress does not include any mattress pad,
mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing table, stroller, playpen,
infant carrier, lounge pad, crib bumper, liquid or gaseous filled ticking, including any water bed
and any air mattress that does not contain upholstery material between the ticking and the
mattress core, and mattresses in futons and sofa beds.

Maximum High Groundwater Table means the highest seasonal elevation of the surface of the
Zone of Saturation that has been historically documented or calculated.

Maximum Horizontal Acceleration in Lithified Earth Material means the maximum expected
horizontal acceleration depicted on a seismic hazard map, with a 90% or greater probability that
the acceleration will not be exceeded in 250 years, or the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment.

Medical or Biological Waste means Medical or Biological Waste as defined in 105 CMR
480.000: Minimum Requirements for the Management of Medical or Biological Waste (State
Sanitary Code Chapter VIII).

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.

MEPA Process means an environmental review process required for projects subject to
301 CMR 11.00: MEPA Regulations.

Mercury-added Product means a product to which the manufacturer intentionally introduces

mercury including, but not limited to, electric lamps, thermostats, automotive devices, electric
switches, medical or scientific instruments, electric relays or other electrical devices, but not
including products made with coal ash or other products that are incorporated into equipment
used to manufacture semiconductor devices, elemental mercury in pre-capsulated form that is
sold, distributed or provided to a dental practitioner for use in compliance with the department’s
regulations concerning amalgam wastewater and recycling for dental facilities, or mercury-added
formulated products. Mercury-added Product includes mercury-added components that are
incorporated into larger products.

Metal means ferrous and non-ferrous metals derived from used appliances, building materials,
industrial equipment, transportation vehicles, and manufacturing processes.

Monitor means to systematically measure, inspect and/or collect data on the performance of a
facility or on its existing or potential impact on the land, air, ground and surface waters.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Monitoring Well means a well designed to facilitate the down-hole measurement of groundwater
and/or gas levels and the collection of groundwater and/or gas samples.

Municipal Solid Waste means any residential or commercial solid waste.

No Significant Risk means that risk as defined in 310 CMR 40.000: Massachusetts Contingency
Plan. As of October 7, 2005, No Significant Risk is defined at 310 CMR 40.0000 as follows:
a level of control of each identified substance of concern at a site or in the surrounding
environment such that no such substance of concern shall present a significant risk of harm to
health, safety, public welfare or the environment during any foreseeable period of time.

Open Burning means burning under such conditions that the products of combustion are emitted
directly to the ambient air space and are not conducted thereto through a stack, chimney, duct,
or pipe. Open burning includes above or underground smoldering fires.

Open Dump means a facility which is operated or maintained in violation of the Resource
Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or the regulations and criteria
promulgated thereunder relative to solid waste disposal.

Operator means any person who has care, charge or control of a facility subject to 310 CMR
19.000, including without limitation, an agent or lessee of the owner or an independent
contractor.

Opportunity to Recycle or Compost means financial or operational participation in a coordinated

recycling or composting program between the applicant and the applicant's waste sources.

Owner means any person who alone or in conjunction with others has legal ownership, a
leasehold interest, or effective control over the real property upon which a facility is located, or
the airspace above said real property; “owner” does not mean persons holding bare legal title for
the purpose of providing security for financing.

Person(s) means any individual, partnership, association, firm, company, corporation,

department, agency, group, public body (including a city, town, district, county, authority, state,
federal, or other governmental unit) or any other entity responsible in any way for an activity
subject to 310 CMR 19.000.

Pollution means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing of any material which, because of its
quantity, concentration or other characteristics, does or may result in an adverse impact to
human, plant or animal life or to property, or may unreasonably interfere with the comfortable
enjoyment of life or property.

Post-closure means a finite period of time commencing after the closure of a facility has been
completed and approved by the Department, during which the Department may require site
monitoring, care and maintenance.

Post-consumer Recyclables means the following materials which have served their intended end
use and have been pre-sorted:
(a) containers, films and wraps and other forms of packaging made from metal, glass,
plastic or paper; and
(b) newspaper, office paper, cardboard and other grades of paper.

Potential Private Water Supply means a portable water supply as defined in 314 CMR 5.11:
Ground Water Standards, capable of yielding water of sufficient quality and quantity which is
located under a parcel of land that at the time of the earlier of the following two filings, the Site
Assignment Application or, where applicable, the Massachusetts Environmental Policy Act
Environmental Notification Form, is:
(a) zoned residential or commercial;
(b) not served by a public water supply; and
(c) subject to a subdivision plan or a building permit application approved by the
appropriate municipal authority.

10/29/21 310 CMR - 610

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Potential Public Water Supply means a drinking water source which, at the time of the earlier
of the following two filings, the Site Assignment Application, or where applicable, the
Massachusetts Environmental Policy Act Environmental Notification Form, has been determined
to be capable of yielding water of sufficient quality and quantity for future development as a
public water supply, and either:
(a) has been designated and received Departmental approval under the Guidelines and
Policies for Public Water Systems; or
(b) has had the necessary documentation submitted on its behalf for determination as a
Potential Public Water Supply as defined by the Department's Division of Water Supply.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Pre-sort means to separate from solid waste and to keep separate from solid waste. Pre-sorting
does not require the separation of components that are integral to that material (e.g. insulation
or electronic components in white goods).

Primary Composite Liner means a composite liner that is the uppermost liner in a double liner
system.

Primary Leachate Collection System means the uppermost leachate collection system.

Primary Liner means the uppermost liner in a ground water protection system composed of two
or more liners.

Private Water Supply means a well used as a source of drinking water supplying a non-public
water system with any volume of groundwater from any source.

Processing means the use of any method, technique or process to alter the physical characteristics
of a material or solid waste through any means, including, without limitation, separating, baling,
shredding, crushing or reworking. Storage alone does not constitute processing.

Public Water Supply means a source of drinking water supplying a public water system as
defined in 310 CMR 22.00: Drinking Water.

QA/QC means quality assurance/quality control.

Recharge Area means an area through which water enters an aquifer. See "Zone II".

Recyclable or Recyclable Material means a material that has the potential to be recycled and
which is pre-sorted. Recyclable material includes biodegradable paper, but does not include:
(a) organic materials that will be composted or converted; or
(b) construction and demolition waste unless it has been separated, and kept separate, into
at least the following categories: asphalt, brick and concrete; wood; metals; plaster and
wallboard; roofing materials; and carpet.

Recycle means to recover materials or by-products which will be:

(a) Reused; or
(b) Used as an ingredient or a feedstock in an industrial or manufacturing process to make
a marketable product; or
(c) Used in a particular function or application as an effective substitute for a commercial
product or commodity.
Recycle does not mean to recover energy from the combustion of a material or to create a fuel.
Recycle does not include composting or conversion.

Refuse means solid waste.

Residence or Residential means a single, multi-family, or group home, or apartment complex.

For purposes of 310 CMR 19.000, a group home means an establishment, usually resembling a
private home, for providing a small group of persons with special needs, such as handicapped
or elderly persons or children, with lodging and supervised care. Residence does not include any
centralized dining facility.

Residual means all waste remaining after treatment or processing. Residual remaining after
treatment or processing is not pre-sorted material. Air and water discharges managed in
accordance with applicable regulations are not residuals.

Responsible Official means an individual who is duly authorized to bind the entity (e.g., but not
limited to, a corporation, limited liability company, partnership, public entity, sole proprietorship
or trust) which is subject to 310 CMR 19.000.

Restricted Material means any material subject to a waste restriction at a solid waste
management facility pursuant to 310 CMR 19.017(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Saturated Zone or Zone of Saturation means the area beneath the land surface in which the voids
in the rock or soil are filled with water.

Secondary Composite Liner means a composite liner that is the lowest liner in a double liner
system.

Secondary Leachate Collection System means the leachate collection system lying between the
uppermost or primary liner and the secondary liner and is designed to collect leachate which has
leaked through the primary liner.

Secondary Liner means the liner that is below the uppermost or primary liner and is separated
from the primary liner by a leachate collection system in a ground water protection system
composed of two or more liners.

Secondary Material means a waste material that has characteristics that make it an effective
substitute for an ingredient in an existing or new product or commodity.

Secretary means the Secretary of the Executive Office of Environmental Affairs.

Seismic Impact Zone means an area with a 10% or greater probability that the maximum
horizontal acceleration in lithified earth material, expressed as a percentage of the earth's
gravitational pull, will exceed 0.10g in 250 years.

Site means any building, structure, place or area where solid waste is or will be stored,
transferred, processed, treated, disposed, or otherwise come to be located.

Site Assignment means a determination by a board of health or by the Department as specified

in M.G.L. c. 111, § 150A that:
(a) designates an area of land for one or more solid waste uses subject to conditions with
respect to the extent, character and nature of the facility that may be imposed by the assigning
agency after a public hearing in accordance with M.G.L. c.111, § 150A; or
(b) establishes that an area of land was utilized as a site for the disposal onto land of solid
waste or as a site for a refuse disposal incinerator prior to July 25, 1955, as provided in St.
1955, c. 310, § 2. The area of land assigned under 310 CMR 19.006: Site Assignment(b)
shall be limited to the lateral limits of the waste deposition area (“the footprint”), or the area
occupied by the incinerator, as they existed on July 25, 1955, except as otherwise approved
by the Department in approved plans. Said assignment shall apply only to uninterrupted
solid waste disposal activities within the footprint or plan approved area and shall have no
legal force or effect at any time after the cessation of disposal activities except as otherwise
provided at 310 CMR 16.21: Alternative Use of Assigned Site.

Sludge means the accumulated solids and/or semisolids deposited or removed by the processing
and/or treatment of gasses, water or other fluids.

Sole Source Aquifer means an aquifer so designated by the U.S. Environmental Protection
Agency, or by the Department under the authority of a state program as may be established, that
supplies 50% or more of the drinking water for the aquifer service area, and the volume of water
which could be supplied by alternative sources is insufficient to replace the petitioned aquifer
should it become contaminated.

Solid Waste or Waste means useless, unwanted or discarded solid, liquid or contained gaseous
material resulting from industrial, commercial, mining, agricultural, municipal or household
activities that is disposed or is stored, treated, processed or transferred pending such disposal,
but does not include:
(a) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000: Hazardous
Waste;
(b) sludge or septage which is land applied in compliance with 310 CMR 32.00: Land
Application of Sludge and Septage;
(c) wastewater treatment facility residuals and sludge ash from either publicly or privately
owned wastewater treatment facilities that treat only sewage and which is treated and/or
disposed at a site regulated pursuant to M.G.L. c. 83, §§ 6 and 7 and/or M.G.L. c. 21, §§ 26
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

through 53 and the regulations promulgated thereunder, unless the wastewater treatment
residuals and/or sludge ash are co-disposed with solid waste;
(d) septage and sewage as defined and regulated pursuant 314 CMR 5.00: Ground Water
Discharge Permit Program, and regulated pursuant to either M.G.L. c. 21, §§ 26 through 53
or 310 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for the
Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
Disposal Systems and for the Transport and Disposal of Septage, provided that 310 CMR
19.000 does apply to solid waste management facilities which co-dispose septage and sewage
with solid waste;
(e) ash produced from the combustion of coal when reused as prescribed pursuant to
M.G.L. c. 111, § 150A;
(f) solid or dissolved materials in irrigation return flows;
(g) source, special nuclear or by-product material as defined by the Atomic Energy Act of
1954;
(h) those materials and by-products generated from and reused within an original
manufacturing process;
(i) materials which are recycled, composted, or converted in compliance with 310 CMR
16.03: Exemptions From Site Assignment, 310 CMR 16.04: General Permit for Recycling,
Composting or Aerobic and Anaerobic Digestion Operations; or 310 CMR 16.05: Permit
for Recycling, Composting or Conversion (RCC) Operations; and
(j) organic material when handled at a Publicly Owned Treatment Works as defined in
314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater
Treatment Works and Indirect Dischargers and as approved by the Department pursuant to
314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater
Treatment Works and Indirect Dischargers.

Solid Waste Management Facility (See Facility).

Special Waste means any solid waste that is determined not to be a hazardous waste pursuant to
310 CMR 30.000: Hazardous Waste and that exists in such quantity or in such chemical or
physical state, or any combination thereof, so that particular management controls are required
to prevent an adverse impact to the public health, safety or the environment from the collection,
transport, transfer, storage, processing, treatment or disposal of the solid waste.

Storage means temporary containment of a material or solid waste in a manner which does not
constitute disposal.

Storage Facility means a handling facility where solid waste is stored.

Surface Water means all bodies of water natural or artificial, inland or coastal, fresh or salt,
public or private within the territorial limits of the Commonwealth of Massachusetts.

Textiles means clothing, footwear, bedding, towels, curtains, fabric, and similar products, except
for textiles that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances.

Third-party Inspection means an inspection conducted by a third-party inspector in accordance

with 310 CMR 19.018.

Third-party Inspector means an individual registered with the Department to conduct third-party
inspections in accordance with 310 CMR 19.018.

Tires means a continuous solid or pneumatic rubber covering intended for use on a motor
vehicle.

Transfer Station means a handling facility where solid waste is brought, stored and transferred
from one vehicle or container to another vehicle or container for transport off-site to a solid
waste treatment, processing or disposal facility.

Treatment means the use of any method, technique or process to change the chemical, or
biological character or composition of any solid waste; to neutralize such waste; to render such
waste safer to transport, store or dispose; or make such waste amenable to recovery, storage or
volume reduction.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Upgradient means:
(a) in reference to surface water, the direction perpendicular to lines of equal elevation over
a distance in which elevation continuously increases, measured from the point or area in
question; or
(b) in reference to groundwater, the direction perpendicular to lines of equipotential over
a distance in which total head continuously increases, measured from the point or area in
question.

Upper Concentration Limits means ceiling concentrations established for hazardous materials
when contained in secondary material intended for beneficial use.

Unsaturated Zone means the zone between the land surface and the nearest saturated zone.

Unstable Area means a ___location that is susceptible to natural or human-induced events or forces
capable of impairing the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas include, but are not limited to, areas
providing inadequate foundation support and areas of mass movement including landslides,
avalanches, debris slides and flows, block sliding and rock fall.

Vector means an organism that is capable of transmitting a pathogen from one organism to
another including, but not limited to, flies and other insects, rodents, birds, and vermin.

Vegetative Material means plant material.

Water Table means the upper elevation of the surface of the saturated zone.

Watershed means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Watershed is defined at 310 CMR 22.00 as follows: the area contained within geomorphic or
topographic boundaries of higher elevations which cause surface water and/or groundwater to
drain or flow to lower elevations into water used as a public water system source.

Wetlands means any land or water area subject to M.G.L. c. 131, § 40 or resource areas regulated
pursuant to 310 CMR 10.00: Wetlands Protection.

White Goods means appliances employing electricity, oil, natural gas or liquified petroleum gas
to preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; or
cool or heat air or water.

Wood means treated and untreated wood, including woodwaste.

Yard Waste means deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings,
weeds, hedge clippings, garden materials and brush.

Zone A means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Zone A is defined at 310 CMR 22.00 as follows:
(a) the land area between the surface water source and the upper boundary of the bank;
(b) the land area within a 400 foot lateral distance from the upper boundary of the bank of
a Class A surface water source, as defined in 314 CMR 4.05: Classes and Criteria(3)(a); and
(c) the land area within a 200 foot lateral distance from the upper boundary of the bank of
a tributary or associated surface water body.

Zone B means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Zone B is defined at 310 CMR 22.00 as follows: the land area within ½ mile of the upper
boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or
edge of watershed, whichever is less. However, Zone B shall always include the land area within
a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water
source.

Zone C means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Zone C is defined at 310 CMR 22.00 as follows: the land area not designated as Zone A or B
within the watershed of a Class A surface water source as defined at 314 CMR 4.05(3)(a).

Zone of Contribution means the recharge area that provides water to a well.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.006: continued

Zone I means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Zone I is defined at 310 CMR 22.00 as follows: the protective radius required around a public
water supply well or wellfield. For public water system wells with approved yields of 100,000
gpd or greater, the protective radius is 400 feet. Tubular wellfields require a 250-foot protective
radius. Protective radii for all other public water system wells are determined by the following
equation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation is
equivalent to the chart in the Guidelines and Policies for Public Water Systems. A default Zone I
radius or a Zone I radius otherwise computed and determined by the Department shall be applied
to transient non-community (TNC) and non-transient non-community (NTNC) wells when there
is no metered rate of withdrawal or no approved pumping rate.

Zone II means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005
Zone II is defined at 310 CMR 22.00 as follows: that area of an aquifer which contributes water
to a well under the most severe recharge and pumping conditions that can be realistically
anticipated (i.e., pumping at the safe yield of the well for 180 days without any natural recharge
occurring); it is bounded by the groundwater divides which result from pumping the well and by
contact of the edge of the aquifer with less permeable materials such as till and bedrock. At
some locations, streams and lakes may form recharge boundaries. For the purposes of 310 CMR
19.000, a Zone II area is one which has been defined and delineated in accordance with the
Department's Division of Water Supply Guidelines for Public Water Systems, September, 1984
Supplement to the 1979 edition.

19.007: Access Rights of the Department

310 CMR 19.007 relates to the rights of the Department to enter properties and to obtain and
review information to verify compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584,
M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½, and/or 310 CMR 19.000, in the handling,
management, transfer, processing, storage, treatment, disposal, use or reuse of solid waste.

(1) Access to Facilities and Properties. At all reasonable times and without prior notice,
personnel or authorized representatives of the Department may enter any facility or other
property where solid waste has been, is being, or may be, placed, disposed, stored, transferred,
handled, managed, processed, treated, used or reused, for the purposes of: protecting the public
health, safety or the environment; preventing or abating nuisances; assessing, preventing or
remediating damage to the environment; or determining or enforcing compliance; provided that
personnel or authorized representatives of the Department present Department-issued
identification and receive the consent of the owner, operator or person in control of said facility
or property. Notwithstanding the foregoing, personnel or authorized representatives of the
Department may enter a facility or property without such consent as authorized by the conditions
of any authorization, determination, modification, permit, or other approval, by the conditions
of any consent order or other consented to enforcement document, if emergency conditions
require immediate entry, or as otherwise authorized by law.

(2) During Inspection. After entry, personnel or authorized representatives of the Department
may investigate, sample, photograph, or inspect any records, condition, equipment, practice,
operation or property and make examinations and evaluations of a facility or other property
specified in 310 CMR 19.007(1) to determine and enforce compliance with M.G.L. c. 21A, §§ 2
and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½ and/or 310 CMR
19.000 or take or arrange for actions authorized by M.G.L. c. 21H, § 4.

(3) Access to Information. Where necessary to ascertain facts relevant to compliance or to

actual or potential harm to public health or safety, actual or potential nuisances, or actual or
potential damage to the environment that may be caused by the handling, management, transfer,
processing, storage, treatment, disposal, use or reuse of solid waste or relevant to the truth,
accuracy and completeness of any submittals to the Department, including but not limited to, the
authority of any responsible official, the Department may request and any person shall, within
a reasonable time, furnish the requested information and shall permit said Department personnel
or authorized representatives to have access to and to copy or to take images of, all records
relating thereto.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.007: continued

(4) Duty to Cooperate. The owner and operator of a facility or other property and the person
possessing information as specified in 310 CMR 19.007(3) shall in no way restrict, impede, or
delay an inspection or requests for information by personnel or authorized representatives of the
Department where such inspection and requests are made pursuant to a reasonable request in
accordance with 310 CMR 19.007 or with the conditions of any authorization, consent
determination, modification, permit, or other approval, or pursuant to the conditions of any order
or other consented to enforcement document, or as otherwise authorized by law.

(5) Warrants. Upon denial of access or if the Department cannot locate with reasonable efforts
the owner, operator or person in control of a facility or property, or upon refusal of a person to
provide information requested, the Department may seek, from a court, judge, justice or
magistrate, a warrant authorizing personnel or authorized representatives of the Department to
conduct a reasonable search of the facility or property, or to obtain the information requested.
310 CMR 19.007(5) shall not preclude the Department from gaining access through other legal
means, including, but not limited to, a court order or injunctive relief.

19.008: Accurate and Timely Submittals

(1) Accurate Submittals. No person shall make any false, inaccurate, or misleading statement
in any application, document, information or statement which that person submits or is required
to submit to the Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.

(2) Timely Submittals. Any application, document, information or statement which any person
is required to submit to the Department shall be submitted within the time period prescribed in
310 CMR 19.000, or any permit, order or approval issued by the Department unless otherwise
specified by the Department.

19.009: Accurate and Complete Record Keeping

No person shall make any false or misleading statement in any record, report, plan, file, log,
or register which that person keeps or is required to keep, pursuant to 310 CMR 19.000, or any
permit, order, or approval issued by the Department. Any record keeping which any person is
required to perform shall be promptly, fully, and accurately performed and shall otherwise be in
compliance with 310 CMR 19.000, and any permit, order or approval issued by the Department.

19.010: Accurate Monitoring

No person shall falsify, tamper, or render inaccurate any monitoring device or method which
any person maintains, or which is required to be maintained pursuant to 310 CMR 19.000, or any
permit, approval or order issued by the Department. Any monitoring which any person is
required to perform shall be promptly, fully and accurately performed and shall otherwise be in
compliance with 310 CMR 19.000, and any order, permit or approval issued by the Department.

19.011: Signatories, Certification and Engineer's Supervision

(1) Signatories and General Certification. Any application for a permit, authorization to
construct, authorization to operate, permit modification, and any determination, certification,
report and any other document submitted to the Department pursuant to 310 CMR 19.000, shall
be signed by the appropriate responsible official. Any person required by 310 CMR 19.000 or
any order or other enforcement document issued by the Department, to submit any document to
the Department shall identify himself or herself by name, profession, and relationship to the
applicant and legal interest in the facility, and make the following statements:
I, [name of responsible official], attest under the pains and penalties of perjury that:
(a) I have personally examined and am familiar with the information contained in this
submittal, including any and all documents accompanying this certification statement;
(b) based on my inquiry of those persons responsible for obtaining the information, the
information contained in this submittal is, to the best of my knowledge, true, accurate,
and complete;
(c) I am fully authorized to bind the entity required to submit these documents and to
make this attestation on behalf of such entity; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.011: continued

(d) I am aware that there are significant penalties, including, but not limited to, possible
administrative and civil penalties for submitting false, inaccurate, or incomplete
information and possible fines and imprisonment for knowingly submitting false,
inaccurate, or incomplete information; and
(e) (for a responsible official submitting a third-party inspection report pursuant to
310 CMR 19.018(8)(b)1.) The facility [name of facility] provided any information
required by 310 CMR 19.018 and requested by the third-party inspector in a timely
fashion and any employee or contractor of [name of facility] did not unduly influence the
third-party inspector; and
(f) (for a responsible official submitting a transfer station certification pursuant to
19.035(4)):
1. I have accurately stated whether the transfer station is in compliance with its
permit and all other applicable requirements in 310 CMR 16.00: Site Assignment
Regulations for Solid Waste Facilities and 19.000 including, but not limited to,
310 CMR 19.043;
2.I have accurately identified any and all violations of 310 CMR 16.00: Site
Assignment Regulations for Solid Waste Facilities or 19.000 or the terms and
conditions of any permits or other approvals issued thereunder by the
Department;
3. If the transfer station is not in compliance, I have stated what the owner and
operator will do to return the transfer station to compliance and the date by which
compliance will be achieved; and,
4. Plans and procedures to maintain compliance are in place at the transfer
station and will be maintained even if processes or operating procedures are
changed.

(2) Engineering Supervision. 310 CMR 19.011(2) does not apply to any documents submitted
to the Department pursuant to 310 CMR 19.018. All papers pertaining to design, construction,
operation, maintenance, or engineering of a site or a facility shall be completed under the
supervision of a Massachusetts registered professional engineer knowledgeable in solid waste
facility design, construction and operation and shall bear the seal, signature and discipline of said
engineer. The soils, geology, air modeling, air monitoring and groundwater sections of an
application or monitoring report shall be completed by competent professionals experienced in
the fields of soil science and soil engineering, geology, air modeling, air monitoring and
groundwater, respectively, under the supervision of a Massachusetts registered professional
engineer. All mapping and surveying shall be completed by a registered surveyor.

19.012: Determinations by the Department

(1) Burden. Where an applicant is seeking a permit, determination, authorization or approval

from the Department the applicant has the burden of establishing, on the basis of credible
evidence from a competent source, such facts as are necessary to meet the conditions and criteria
set forth in the applicable provisions of 310 CMR 19.000.

(2) Additional Information. In addition to such submissions as the applicant may make, the
Department may accept and rely upon credible evidence from other competent sources.

19.013: Exemptions

(1) Facilities and Operations Not Subject to 310 CMR 19.000. Any facility or operation exempt
from site assignment by 310 CMR 16.00: Site Assignment Regulations for Solid Waste
Facilities, is exempt from the requirements of 310 CMR 19.000, with the exception of 310 CMR
19.017, which applies to any person disposing or contracting for disposal or transport of solid
waste or restricted materials listed in Table 310 CMR 19.017(3).

(2) Permit Exemptions for Facilities Undertaking Actions Pursuant to M.G.L. c. 21E. Solid
waste management facilities undertaking an emergency action or remedial action pursuant to
M.G.L. c. 21E, and the regulations promulgated thereunder, shall not be required to obtain any
additional permits or authorizations pursuant to 310 CMR 19.000, in order to carry out the
actions ordered or directed by the Department pursuant to M.G.L. c. 21E and any regulations or
policies promulgated thereunder.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.014: Prohibition on Open Dumps and Dumping Grounds and Illegal Disposal of Solid Waste

(1) No person shall establish, construct, operate or maintain a dumping ground or operate or
maintain a landfill in Massachusetts in such manner as to constitute an open dump. For the
purpose of 310 CMR 19.014, the phrase "establish, construct, operate or maintain" shall include
without limitation, disposing or contracting for the disposal of refuse in a dumping ground or
open dump.

(2) No person shall dispose or contract for the disposal of solid waste at any place in
Massachusetts which has not been approved by the Department pursuant to M.G.L. c.111,
§ 150A, 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities or 310 CMR
19.000.

(3) No person shall dispose or contract for the disposal of solid waste at any facility in
Massachusetts that is not approved to manage the particular type of solid waste being disposed.

19.015: Compliance

No person shall construct, modify, operate or maintain a facility except in compliance with
a site assignment, permit or plan approved by the board of health or the Department, as
applicable, and any authorizations issued by the Department and all conditions included in a
permit, approval or authorization for said facility.

19.016: Post-closure Use

No person shall use a solid waste management facility site for any purpose after closure
without:
(a) obtaining a written approval from the Department for any post-closure use on a landfill's
final cover or affecting an appurtenance to said landfill, including but not limited to,
appurtenances required for the management of leachate, landfill gas and stormwater; or
(b) submitting a valid certification in accordance with 310 CMR 19.035 for a post-closure
use at a transfer station which is not a C&D transfer station; or
(c) obtaining a presumptive approval in accordance with 310 CMR 19.034 for any other
type of post-closure use at a solid waste facility not subject to 310 CMR 19.016(1)(a) or (b).

19.017: Waste Bans

(1) Purpose. The Department may restrict or prohibit the disposal, or transfer for disposal, of
certain components of the solid waste stream when it determines that:
(a) disposal of the material presents a potential adverse impact to public health, safety or
the environment; or
(b) a restriction or prohibition will result in the extension of the useful life or capacity of
a facility or class of facilities or reduce its environmental impact; or
(c) a restriction or prohibition will promote reuse, waste reduction, or recycling.

(2) General and Specific Restrictions. Where the Department makes a determination to restrict
or prohibit the disposal, or transfer for disposal, of a particular material it may:
(a) require as a condition of issuance of a permit that a facility prohibit or limit the disposal,
or transfer for disposal, of particular types of material.
(b) require as a condition of continued operation under an existing plan approval or permit
that a facility or a class of facilities prohibit or limit the disposal, or transfer for disposal, of
particular types of material; or
(c) determine that a specific facility or class of facilities are not approved for the disposal
of particular types of material and may not contract for the disposal of particular types of
material. For the purpose of 310 CMR 19.017 disposal or contract for disposal shall include,
but not be limited to:
1. entering into an agreement to dispose or transport for disposal of materials restricted
from disposal in violation of 310 CMR 19.000;
2. depositing restricted materials for collection, contracting for the collection of such
materials or collecting or transporting such materials in a manner which results in the
disposal of materials in violation of 310 CMR 19.000; or
3. intentionally contaminating or co-mingling with solid waste pre-sorted material
restricted from disposal which would result in the need to dispose of said material in
violation of 310 CMR 19.000.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.017: continued

(3) Compliance with Waste Restrictions.

(a) Effective on the dates specified in 310 CMR 19.017(3): Table restrictions on the
disposal or transfer for disposal of the materials listed therein shall apply as specified. No
person shall dispose, transfer for disposal, or contract for disposal or transport of the
restricted material, except in accordance with the restriction established in 310 CMR
19.017(3): Table. Any person who disposes, transfers for disposal or contracts for disposal
or transport of restricted material may be subject to enforcement by the Department pursuant
to 310 CMR 19.081.
(b) No landfill, transfer facility or combustion facility shall accept the restricted material
except to handle, recycle or compost the material in accordance with a plan submitted
pursuant to 310 CMR 19.017(6) and approved by the Department.
(c) On the effective date of the restrictions on Cathode Ray Tubes (CRTs), specified in
310 CMR 19.017(3): Table, all persons shall segregate CRTs from the solid waste stream.

Table 310 CMR 19.017(3)

Effective Date of
Effective Date of
Restriction for
Restricted Material Restriction for Restriction
Landfills or Com-
Transfer Facilities
bustion Facilities
Lead Batteries December 31, 1990 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Leaves December 31, 1991 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Tires December 31, 1991 April 1, 2000 Ban on disposal or transfer for
disposal of whole tires only at
landfills. Tires must be
shredded
prior to disposal in landfills.
White Goods December 31, 1991 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Other Yard Waste December 31, 1992 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Aluminum Containers December 31, 1992 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Metal or Glass Containers December 31, 1992 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Single Polymer Plastics December 31, 1994 April 1, 2000 Ban on disposal or
incineration or transfer for
disposal at a solid waste disposal
facility
Recyclable Paper December 31, 1994 April 1, 2000 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Cathode Ray Tubes April 1, 2000 April 1, 2000 Ban on disposal, incineration, or
transfer for disposal, at a solid
waste disposal facility
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.017: continued

Table 310 CMR 19.017(3) (continued)

Effective Date of Effective Date of
Restricted Material Restriction for Restriction for Restriction
Landfills or Com- Transfer Facilities
bustion Facilities
Asphalt Pavement, July 1, 2006 July 1, 2006 Ban on disposal or incineration
Brick and Concrete or transfer for disposal at a solid
waste disposal facility
Metal July 1, 2006 July 1, 2006 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Wood July 1, 2006 July 1, 2006 Ban on disposal or transfer for
disposal at landfills
Clean Gypsum Wallboard July 1, 2011 July 1, 2011 Ban on disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Commercial Organic October 1, 2014 October 1, 2014 Ban on disposal or incineration
Material (>1 ton per week) or transfer for disposal at a solid
waste disposal facility
Commercial Organic November 1, 2022 November 1, 2022 Ban for disposal or incineration
Material (> ½ ton per week) or transfer for disposal at a solid
waste disposal facility
Mattresses November 1, 2022 November 1, 2022 Ban for disposal or incineration
or transfer for disposal at a solid
waste disposal facility
Textiles November 1, 2022 November 1, 2022 Ban for disposal or incineration
or transfer for disposal at a solid
waste disposal facility

(4) Criteria for Determinations of Waste Restrictions on Other Materials. In determining

whether to restrict or prohibit the disposal of other materials the Department may consider:
(a) the nature and degree of potential adverse impacts;
(b) the quantities of restricted materials generated;
(c) the availability of non-disposal management options for the restricted materials;
(d) the economic impact on the facility, class of facilities or generators subject to the
restriction;
(e) such other factors as the Department deems relevant to such a determination.

(5) Exceptions. The Department may allow a facility or person to temporarily dispose or
temporarily contract for the disposal of restricted materials, with prior notification and approval
of the Department, under the following circumstances:
(a) the material is contaminated or is otherwise not acceptable for recycling or composting,
provided that the person who contaminated or rendered the material unfit for recycling or
composting takes any action necessary to prevent a recurrence of the conditions which
contaminated or rendered the material unfit; or
(b) the recycling or composting operation or end user to which the restricted material is
normally sent declines to accept the material or is prohibited from accepting the material as
a result of an administrative or judicial order, provided that an alternative recycling or
composting operation or storage facility which will accept the material cannot be found
within a reasonable time.

(6) Waste Ban Plan Submissions.

(a) The permittee or operator shall submit a plan, or modify an existing approved plan to
include newly banned materials, which describes the actions to be taken to comply with the
restrictions imposed at 310 CMR 19.017(3). The plan shall be submitted to the appropriate
regional office of the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.017: continued

(b) The waste ban plan shall address the following:

1. Ongoing waste stream monitoring of all incoming loads, including:
a. monitoring procedures;
b. unacceptable quantities and de minimus acceptable quantities; and
c. record keeping.
2. Comprehensive load inspections, including:
a. loads not subject to comprehensive load inspections;
b. load selection;
c. inspection procedures;
d. unacceptable quantities and de minimus acceptable quantities; and
e. record keeping.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.017: continued

3. Facility response to failed loads, including:

a. communication; and
b. failed load disposition.
4. Other compliance plan elements, including:
a. training;
b. signage; and
c. annual waste ban report.
(c) In determining the adequacy of a plan the Department may consider, without limitation:
the anticipated quantities and sources of restricted materials; the contractual terms which
affect the delivery of said materials; the expected maximum and minimum percentages of
diversion of said materials prior to delivery to the facility and capture of said materials at the
facility; the design, operational, educational, informational, financial and marketing
mechanisms to be employed to achieve compliance with the restriction; and the weighing and
record keeping systems by which the Department can verify compliance with the restriction.
(d) Facilities shall submit such plans at least 90 days prior to the effective date of the ban.
The schedule shall not limit the Department from requiring submission of a plan as part of
an application for a new or existing facility permit or modification of a permit or plan
approval.

(7) Compliance with Waste Ban Plan. Failure to comply with approved plans submitted
pursuant to 310 CMR 19.017(6) or applicable permit conditions shall constitute a violation of
310 CMR 19.000. The Department may allow de minimis quantities of restricted materials, as
determined by the Department, to be disposed by the facility. The Department may require, in
lieu of an enforcement action described in 310 CMR 19.081, a modified plan to be submitted
when restricted materials are being disposed of in excess of approved amounts.

19.018: Third-party Inspections

(1) Purpose. 310 CMR 19.018 sets forth third-party inspection requirements for specific types
of facilities.

(2) Applicability.
(a) The third-party inspection requirements at 310 CMR 19.018 shall apply to the following
types of facilities and to individuals who conduct third-party inspections at such facilities:
1. active landfills;
2. closed landfills;
3. handling facilities;
4. combustion facilities; and
5. other solid waste activities or facilities, as determined by the Department.
(b) Effective Date. The third-party inspection requirements of 310 CMR 19.018 shall be
effective 180 days from February 14, 2014.
(c) Existing Third party Inspection Requirements. Where a facility has an existing
third-party inspection requirement established in a permit or enforcement document issued
prior to February 14, 2014 the facility shall use that inspection frequency (in the existing
permit or enforcement document) if it is more frequent than the frequency specified in
310 CMR 19.018. All other requirements of 310 CMR 19.018 shall apply to such third-party
inspections.
(d) Nothing in 310 CMR 19.000 shall be construed to limit the Department from
determining that more frequent third-party inspections or more stringent requirements for
third-party inspections are required for a facility. When deemed necessary by the Department,
such alternate inspection frequency or more stringent requirements shall be set forth in the
facility's permit, authorization to operate, or other written approval, order or other document
issued by the Department.

(3) Types of Inspections. The owner and operator of a facility listed at 310 CMR 19.018(2)(a)
shall have the following types of third-party inspections conducted at the facility in accordance
with the performance standards and other requirements of 310 CMR 19.018:
(a) facility operation and maintenance inspections;
(b) waste ban inspections at any facility with a waste ban compliance plan approved by the
Department in accordance with 310 CMR 19.017; and
(c) any other third-party inspection as directed by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

(4) General Requirements for Owners and Operators.

(a) Each owner and operator of a facility shall ensure that the facility:
1. is inspected by a third-party inspector who is registered with the Department pursuant
to 310 CMR 19.018(5);
2. is inspected according to the frequency and the performance standards set forth in
310 CMR 19.018(6) and (7); and
3. submits copies of all third-party inspection reports to the Department in accordance
with 310 CMR 19.018(8).
(b) The owner and operator shall not conduct their own third-party inspections and shall not
retain any of the following individuals to conduct such third-party inspection:
1. a person with daily on-site responsibility for the operation or management of the
facility to be inspected;
2. a person with a financial interest in such facility;
3. a spouse, parent, child, or sibling of the owner or operator;
4. the spouse, parent, child, or sibling of any employee of the owner or operator;
5. an employee of the owner or operator; provided that a municipal owner or operator
may retain as a third-party inspector a municipal employee from a department, board or
office of the municipality that is separate from the department, board or office of the
municipality that owns or operates the facility (e.g., a municipal engineer or board of
health agent may inspect a transfer station managed by the municipality's department of
public works).
(c) The owner and operator shall allow the third-party inspector full access to the facility
and its records related to any solid waste activities carried out at the facility, for the purpose
of performing any activity related to conducting the third-party inspection or preparing the
third-party inspection report, provided that the owner and operator may deny the third-party
inspector access to confidential or proprietary business information. The owner and operator
shall in no way restrict, impede, or delay a third-party inspection.
(d) The owner and operator shall inform the third-party inspector when the owner or
operator or any of his or her employees learns of the date of the third-party inspection in
advance of the third-party inspection.
(e) The owner and operator shall provide true, accurate and complete information which is
not misleading to the third-party inspector.

(5) General Requirements, Registration and Qualifications for Third Party Inspectors.
(a) Third-party Inspector Requirements. Each individual performing inspections pursuant
to 310 CMR 19.018 shall have the continuing duty to meet the following performance
standards to ensure that his or her registration is maintained pursuant to 310 CMR 19.018(5):
1. be registered according to the process set forth in 310 CMR 19.018(5)(b) prior to
conducting any third-party inspection pursuant to 310 CMR 19.018;
2. file with the Department an updated qualifications statement every two years that is
signed and certified in accordance with 310 CMR 19.011(1);
3. file with the Department an updated qualifications statement within 30 days when
there is a change in the individual's licensure status or professional standing;
4. complete all training requirements required under 310 CMR 19.018;
5. personally conduct and complete third-party inspections in accordance with the
performance standards in 310 CMR 19.018(6) and (7);
6. prepare accurate and complete third-party inspection reports in accordance with the
performance standards in 310 CMR 19.018(6) and (7) and submit third-party inspection
reports to facility owners and operators in accordance with the requirements of 310 CMR
19.018(8);
7. not make any false, inaccurate, incomplete or misleading statements in any
third-party inspection report; and
8. provide any information regarding third-party inspections to the Department upon
request as soon as possible but in no event more than seven business days following
receipt of the request.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

(b) Registration. To be eligible to conduct a third-party inspection required by 310 CMR

19.018, an individual shall register with the Department in advance by filing a qualifications
statement. The qualifications statement is a self-certification by an individual, on a form
provided by the Department, documenting that he or she meets or exceeds the minimum
qualification requirements set forth at 310 CMR 19.018(5)(c) for the specific type or types
of third-party inspection that said individual may be retained to conduct. The qualifications
statement shall include:
1. all relevant professional licenses and certifications that the individual currently holds,
including but not limited to:
a. Registered professional engineer (PE);
b. Registered sanitarian (RS);
c. Solid waste operator license(s);
d. Solid Waste Association of North America (SWANA) certification(s);
e. Licensed site professional (LSP); or
f. Asbestos inspector licensure and certification by the Massachusetts Department
of Labor Standards;
2. specific academic degrees that the individual has received;
3. specific solid waste training that the individual has successfully completed, such as
SWANA training or Department waste ban training; and
4. relevant experience in the solid waste management field.
(c) Third-party Inspector Qualifications. An individual may qualify to conduct one or more
types of third-party inspection, as follows:
1. General Qualifications. In order to be qualified to conduct any type of third-party
inspections pursuant to 310 CMR 19.018, a third-party inspector shall have in-depth
knowledge and understanding of solid waste management laws, regulations and
requirements applicable to the specific type or types of third-party inspections that said
individual may be retained to inspect;
2. Waste Ban Inspector Qualifications. In order to be qualified to conduct a waste ban
inspection at a facility pursuant to 310 CMR 19.018(7), the third-party inspector shall
have successfully completed the Department's waste ban training course and any
subsequent training required by the Department.
3. Facility Operation and Maintenance Inspector Qualifications. In order to be qualified
to conduct a facility operation and maintenance inspection pursuant to 310 CMR
19.018(6), a third-party inspector shall, at a minimum, have the following combination
of credentials, experience and training:
a. Credentials.
i. be a registered Massachusetts professional engineer in good standing, or a
registered Massachusetts sanitarian in good standing, or a Massachusetts licensed
site professional in good standing, each of which must have three or more years
of full-time professional experience, or part-time equivalent, as set forth
310 CMR 19.018(5)(c)3.b.; or
ii. have a Bachelor's degree in engineering or in a physical or biological science
with three or more years of full-time professional experience, or part-time
equivalent, as set forth in 310 CMR 19.018(5)(c)3.b.; or
iii. have a Bachelor's degree with five or more years of full-time professional
experience, or part-time equivalent, as set forth in 310 CMR 19.018(5)(c)3.b.
b. Experience. The third-party inspector shall have full-time professional
experience, or part-time equivalent experience, of the following type(s) in the solid
waste management field:
i. managing a solid waste facility;
ii. designing or engineering solid waste facilities;
iii. inspecting solid waste facilities; or
iv. other solid waste experience regarding the operation or management of solid
waste facilities.
c. Training. The third-party inspector shall have successfully completed any
training required by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

4. C&D Processing Facility Operation and Maintenance Inspector Qualifications. In

order to conduct a facility operation and maintenance inspection of a C&D waste
processing facility or C&D waster transfer facility, a third-party inspector shall, at a
minimum, have all of the credentials, training and experience set forth in 310 CMR
19.018(5)(c)1. and 3. and either shall have an Asbestos Inspector certification from the
Massachusetts Department of Labor Standards or sub-contract with an individual who
has such certification for conducting asbestos-related inspection activities.
(d) List of Registered Third-party Inspectors.
1. The Department shall create and maintain a list of those individuals who have
registered as third-party inspectors.
2. After the first submittal of a qualifications statement by an individual for the purpose
of being listed as a third-party inspector pursuant to 310 CMR 19.018(5), the Department
may make a written determination, including the reasons therefore, not to list that
individual if the Department determines in its sole discretion that the qualifications
statement:
a. is incomplete;
b. does not contain information sufficient to demonstrate that the individual meets
the minimum qualifications set forth at 310 CMR 19.018(5) to conduct at least one
of the types of third-party inspections required therein; or
c. contains information that is not true, accurate or otherwise contains false or
misleading information.
(e) Removal from List or Change in Listed Qualification Status.
1. The Department may make a written determination, including the reasons therefore,
to remove an individual from the list of third-party inspectors or to change the status of
the third-party inspector's qualifications (e.g., to reflect a change in status from qualified
for all inspection types to qualified for certain types of third-party inspections), if the
Department determines in its sole discretion that the third-party inspector:
a. has submitted a qualifications statement that is not true, accurate or otherwise
contains false or misleading information;
b. has failed to meet one or more of the requirements listed at 310 CMR
19.018(5)(a);
c. is no longer qualified to conduct one or more types of third-party inspections;
d. has a pattern of conducting inspections that do not meet the regulatory
requirements; or
e. has a pattern of submitting reports that do not meet the required standards.
2. Any determination by the Department pursuant to 310 CMR 19.018(5) shall be in
writing and shall state the reason(s) for removing the individual from the list of third-
party inspectors or changing the status of the individual's qualifications.
3. A third-party inspector may at any time notify the Department that he or she wants
to be removed from the list of registered third-party inspectors or change his or her status.
(f) Reconsideration and Appeal Rights.
1. Any individual who is omitted or removed from the list of registered third-party
inspectors by the Department, or whose status on the list the Department has changed,
may submit a written request to the Department for reconsideration of its determination.
Said request shall be postmarked within 21 days of the issuance of the Department's
determination. The Department may request a meeting with the individual. The
Department shall respond in writing to the reconsideration request and shall state the
reasons for omitting or removing the individual. Such determination on the request for
reconsideration shall not become effective until 22 days after issuance or after issuance
of a final decision in an adjudicatory hearing, whichever is later. Failure to submit a
written request for reconsideration in a timely manner shall be deemed to be a waiver of
the individual's right to request an adjudicatory hearing.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

2. Any individual who receives a determination on reconsideration pursuant to

310 CMR 19.018(5)(f)1. has the right to request an adjudicatory hearing from the
Department. Any such individual shall be deemed to have waived such right unless the
individual delivers, within 21 days of the date of issuance of the Department's written
determination on reconsideration, a request for an adjudicatory hearing that complies
with the requirements of 310 CMR 1.01: Adjudicatory Proceeding Rules for the
Department of Environmental Protection. Any individual who is aggrieved by a final
decision in an adjudicatory hearing regarding a determination on reconsideration issued
pursuant to 310 CMR 19.018(5)(f)1. may obtain judicial review thereof in accordance
with the provisions of M.G.L. c. 30A, § 14.

(6) Performance Standards for a Third-party Facility Operation and Maintenance Inspection.
(a) General Performance Standards.
1. During a facility operation and maintenance inspection, a third-party inspector shall
assess a facility's operation and maintenance practices and procedures to determine
whether the facility is in compliance with all applicable requirements, including, but not
limited to, requirements set forth in:
a. 310 CMR 19.000;
b. the facility’s operation and maintenance plan;
c. orders or other enforcement documents issued to the facility; and
d. other solid waste permits, approvals, determinations and authorizations issued to
the facility by the Department.
2. Prior to conducting a third-party facility operation and maintenance inspection, the
third-party inspector shall identify and review all solid waste requirements applicable to
the operation and maintenance of the facility, including but not limited to those
requirements identified in 310 CMR 19.018(6)(a)1.
3. During each third-party inspection, in order to complete an assessment of the
facility's compliance with all applicable requirements as set forth in 310 CMR
19.018(6)(a)1., the third-party inspector shall examine and evaluate the facility's solid
waste activities, equipment, operations, practices, procedures, and records relevant to the
type of third-party inspection being conducted, including without limitation:
a. the status and condition of operating and monitoring equipment, structures,
appurtenances and devices related to the solid waste activities carried out at the
facility;
b. each operational aspect of the facility related to solid waste handling, processing,
recycling, storage and disposal, including but not limited to:
i. vehicle weighing and recording of scale data;
ii. tipping areas and the unloading of incoming materials;
iii. inspection and handling of incoming and outgoing waste, recyclable
materials and other materials regulated by the Department; and
iv. types and quantities of waste and materials received or stored at the facility;
c. status of all facility record-keeping required by;
i. 310 CMR 19.000;
ii. the facility's operation and maintenance plan;
iii. orders or other enforcement documents issued to the facility; and
iv. other solid waste permits, approvals, determinations and authorizations
issued to the facility by the Department;
v. provided that the owner and operator may deny the third-party inspector
access only to confidential or proprietary business information;
d. material or waste handling areas and equipment including storage areas for
recyclable materials, waste or residue; and
e. the condition of the facility, including evidence of dust, litter, odors, and other
nuisance conditions, security measures such as fencing and gates, access roads
marked and maintained, storm water management controls and any management
system(s).
4. Where a third-party inspector observes that the operation or maintenance of the
facility deviates from the aforementioned applicable requirements, he or she shall
document all such deviations and recommend corrective actions for the facility to take
to return to compliance with such requirements.
5. Third-party inspections shall be unannounced and randomly timed during the
facility's normal operating hours, as follows:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

a. Inspection days shall be determined randomly from among the planned operating
days of the facility during the inspection period specified in 310 CMR 19.018(6)(b).
b. The third-party inspector shall keep the selected dates of third-party inspections
confidential and shall not notify the owner or operator, or any employee or individual
affiliated with or related to the owner or operator, of such dates prior to arriving at
the facility to conduct a third-party inspection.
c. The third-party inspector shall postpone any inspection for which the owner or
operator or any of his or her employees learns of the date of inspection in advance.
(b) Frequency. The owner and operator of a facility shall ensure that a third-party inspector
conducts a facility operation and maintenance inspection in accordance with the following
frequency and time intervals:
1. at an active landfill at least once in every two-month period, with at least 20 days
between consecutive inspections;
2. at a closed landfill at least once every two calendar years, with at least six months
between consecutive inspections;
3. at a handling facility, other than a C&D waste processing facility or C&D waste
transfer station;
a. At a facility permitted to accept less than 50 tons, per day at least once every
calendar year, with at least four months between consecutive inspections; and
b. At a facility permitted to accept 50 tons or more per day at least twice every
calendar year, with at least two months between consecutive inspections;
4. at a C&D waste processing facility or a C&D waste transfer station at least once in
each quarter (three-month period), with at least 20 days between consecutive inspections;
and
5. at a combustion facility at least once in each quarter (three-month period), with at
least 20 days between consecutive inspections.
(c) Additional Performance Standards for a Third-party Facility Operation and Maintenance
Inspection of an Active Landfill.
1. In addition to complying with the general performance standards set forth in
310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate an active
landfill's compliance with:
a. the operation and maintenance requirements set forth at 310 CMR 19.130 and
310 CMR 19.131, as applicable;
b. the environmental monitoring requirements (including, but not limited to,
reporting frequencies) set forth at 310 CMR 19.132;
c. the requirements for maintenance of environmental control and monitoring
systems set forth at 310 CMR 19.133;
d. the landfill gas recovery facility operation and maintenance requirements set forth
at 310 CMR 19.121, if applicable; and
e. the applicable requirements of any beneficial use determination(s) governing the
beneficial use of solid waste at the facility.
(d) Additional Performance Standards for a Third-party Facility Operation and Maintenance
Inspection of Closed Landfill.
1. In addition to complying with the general performance standards described in
310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate a closed
landfill's compliance with:
a. the landfill post-closure requirements set forth at 310 CMR 19.142;
b. the conditions set forth in the facility's closure permit(s);
c. the conditions of any post-closure use permit(s); and
d. the requirements set forth at 310 CMR 19.016 and 310 CMR 19.143, as
applicable, governing post-closure use activities.
(e) Additional Performance Standards for a Third-party Facility Operation and Maintenance
Inspection of Handling Facility, Except C&D Waste Processing Facility or a C&D Waste
Transfer Station.
1. The performance standards in 310 CMR 19.018 apply to a handling facility that is not
a C&D waste processing facility or a C&D waste transfer station, which is addressed in
310 CMR 19.018(6)(f).
2. In addition to complying with the general performance standards described in
310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate the
compliance of a handling facility with:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

a. the requirements for stormwater controls, equipment and weighing facilities set
forth at 310 CMR 19.205;
b. the operation and maintenance requirements set forth at 310 CMR 19.207;
c. the applicable requirements of any beneficial use determination(s) governing the
beneficial use of solid waste at the facility.
(f) Additional Performance Standards for a Third-party Facility Operation and Maintenance
Inspection of a C&D Waste Processing Facility or a C&D Waste Transfer Station.
1. The performance standards in 310 CMR 19.018(6)(f) only apply to a C&D waste
processing facility or a C&D waste transfer station. They do not apply to other types of
handling facilities, which are addressed in 310 CMR 19.018(6)(e).
2. In addition to complying with the general performance standards described in
310 CMR 19.018(6)(a), a third-party inspector shall examine and evaluate the
compliance of a C&D waste processing facility or a C&D waste transfer station with:
a. the requirements for stormwater controls, equipment and weighing facilities set
forth at 310 CMR 19.205;
b. the operation and maintenance requirements set forth at 310 CMR 19.206, if
applicable, and 310 CMR 19.207;
c. the facility's suspect asbestos-containing material (ACM) inspection and
management protocol; and
d. the applicable requirements of any beneficial use determination(s) governing the
beneficial use of solid waste at the facility.
3. The third-party inspector shall observe random incoming waste loads and collect
ACM samples from suspect materials and send those sample(s) for analysis in
accordance with the facility's approved ACM inspection and management protocol, if
any.
(g) Additional Performance Standards for a Third-party Facility Operation and Maintenance
Inspection of a Combustion Facility. In addition to complying with the general performance
standards described in 310 CMR 19.018(6)(a), a third-party inspector shall examine and
evaluate the compliance of a combustion facility with:
(a) the operation and maintenance requirements set forth at 310 CMR 19.207;
(b) the ash handling and disposal conditions set forth in the combustion facility's permit
and its operation and maintenance plan;
(c) the applicable requirements of any beneficial use determination(s) governing the
beneficial use of solid waste at the facility.

(7) Performance Standards for Third-party Waste Ban Inspections.

(a) General. The owner and operator of a facility that has an approved waste ban
compliance plan pursuant to 310 CMR 19.017 shall have the facility inspected by a qualified
third-party waste ban inspector to assess compliance with the waste bans at 310 CMR 19.017
by the facility and by the haulers and generators delivering waste to the facility.
(b) Exemptions.
1. An owner and operator of a handling facility that does not accept loads greater than
five cubic yards is exempt from 310 CMR 19.018(7); and
2. An owner and operator of a facility that participates in the Class II Recycling
Program in accordance with the terms of 310 CMR 19.300 is exempt from 310 CMR
19.018(7).
(c) Performance Standards.
1. Prior to conducting each third-party waste ban inspection, the third-party inspector
shall identify and review all requirements applicable to waste ban compliance at the
facility, including but not limited to, the facility waste ban compliance plan and the
requirements of 310 CMR 19.017.
2. During an inspection and for the minimum number of loads as required pursuant to
310 CMR 19.018(7)(e), a third-party inspector shall examine and evaluate the
compliance of the facility with its approved waste ban compliance plan, as follows:
a. Visually monitor all incoming loads received at the facility during the waste ban
inspection;
b. Identify all failed loads received during the waste ban inspection;
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19.018: continued

c. Record all identified failed loads using photographs, weigh slips, and
standardized waste tracking forms provided by the Department. Such forms may
include, but are not limited to, hauler and generator information (to the extent
known) and the percentage of the load that is comprised of waste ban material(s); and
d. Conduct a comparative analysis of the percentage of failed loads identified by the
third-party inspector with the percentage of failed loads documented pursuant to the
facility's on-going load inspections conducted over the immediately preceding
inspection period.
3. A third-party waste ban inspection shall be unannounced and randomly timed during
the facility's normal operating hours, as follows:
a. Inspection days shall be selected in accordance with 310 CMR 19.018(7)(d).
b. The third-party inspector shall keep the selected dates of third-party inspections
confidential and not notify the owner or operator, or any employee or individual
affiliated with or related to the owner or operator, of such dates prior to arriving at
the facility to conduct a third-party inspection.
4. Where a third-party inspector observes that waste ban compliance at the facility
deviates from the applicable requirements set forth at 310 CMR 19.018(7)(c)1., the
third-party inspector shall document all such deviations and recommend corrective
actions for the facility to take to return to compliance with such requirements.
(d) Frequency. The owner and operator of a facility shall ensure that a third-party inspector
conducts a waste ban inspection in accordance with the following frequency and time
intervals:
1. at an active solid waste landfill: at least once in every two-month period, with at least
20 days between consecutive inspections;
2. at a handling facility other than a C&D processing facility or C&D waste transfer
station:
a. at a facility permitted to accept less than 50 tons of waste per day, at least once
every calendar year, with at least four months between consecutive inspections;
b. at a facility permitted to accept 50 tons or more of waste per day, at least twice
every calendar year, with at least two months between consecutive inspections;
3. at a C&D waste processing facility or a C&D waste transfer station at least once in
each quarter (three-month period), with at least 20 days between consecutive inspections;
and
4. at a combustion facility at least once in each quarter (three-month period), with at
least 20 days between consecutive inspections.
(e) Minimum Loads.
1. Once the third-party inspector begins a waste ban inspection, the third-party inspector
shall observe and document each and every load, until the following minimum number
of loads, containing at least five cubic yards of material each, have been observed:
a. For a facility permitted to accept from 1 to 99 tons of waste per day, four vehicle
loads;
b. For a facility permitted to accept greater than 99 but less than or equal to 299 tons
per day, eight vehicle loads;
c. For a facility permitted to accept greater than 299 but less than or equal to 499
tons per day, 12 vehicle loads;
e. For a facility permitted to accept greater than 499 but less than or equal to 999
tons per day, 16 vehicle loads; or
f. For a facility permitted to accept more than 999 tons per day, 20 vehicle loads.
2. As an alternative to the minimum loads set forth at 310 CMR 19.018(7)(e)1., for a
facility that has operated below the facility's permitted capacity for the previous year, the
third-party inspector may apply the average actual daily receipt of waste (in tons) over
the preceding year (instead of the permitted tonnage amount) to the minimum load
criteria set forth above at 310 CMR 19.018(7)(e)1.

(8) Third-party Inspection Reports, Record-keeping Requirements and Procedures.

(a) Third-party Inspector Report Submittal and Certification Requirements. A third-party
inspector who has performed a third-party inspection pursuant to 310 CMR 19.018 shall:
1. prepare an accurate and complete third-party inspection report which presents the
results of his or her inspection in accordance with the performance standards set forth at
310 CMR 19.018(6) and (7) and which meets the requirements set forth at 310 CMR
19.018(8)(b);
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19.018: continued

2. sign and certify his or her inspection report on a form or forms provided by the
Department, and include the following statements in the report;
I, [name of third-party inspector], attest under the pains and penalties of perjury
that:
(a) I have personally examined and am familiar with the information
contained in this submittal, including any and all documents accompanying
this certification statement;
(b) based on my inquiry of those persons responsible for obtaining the
information, the information contained in this submittal is, to the best of my
knowledge, true, accurate, and complete;
(c) have been able to conduct the third-party inspection and prepare the
third-party inspection report without being influenced by the facility owner
or operator and, [if the third-party inspector is a municipal employee,] by his
or her municipal employer, by any co-worker or by any elected or appointed
official of the municipality; and
(d) I am aware that there are significant penalties, including, but not limited
to, possible administrative and civil penalties for submitting false, inaccurate,
or incomplete information and possible fines and imprisonment for
knowingly submitting false, inaccurate, or incomplete information; and
3. submit to the owner and operator such third-party inspection report.
(b) Third-party Inspector Report Content Requirements.
1. Facility Operation and Maintenance Inspection Report. For each facility operation
and maintenance inspection, the third-party inspector shall prepare a third-party
inspection report that describes and reports in detail the results of his or her inspection
of the facility's compliance with all applicable requirements, including, but not limited
to:
a. any deviation from compliance with the operation and maintenance requirements
contained in the applicable requirements set forth at 310 CMR 19.018(6) through (7);
b. the status and condition of operating and monitoring equipment, structures,
appurtenances and devices;
c. the status and condition of each operational aspect of the facility, including but
not limited to, waste handling, processing, recycling, storage and disposal of waste
and materials;
d. a summary of all waste and materials received by and handled at the facility,
including all loads identified and rejected during the applicable inspection period
specified at 310 CMR 19.018(6)(b) or (7)(d);
e. the status of the facility's compliance with applicable record-keeping
requirements;
f. the estimated volumes of all materials and wastes stored at the facility at the time
of the inspection;
g. the analytical results of all sample(s) collected by the third-party inspector during
the inspection, including chain of custody documentation (e.g., for suspect ACM
sampling at C&D waste processing facilities);
h. the condition of the facility, including but not limited to evidence of dust, litter,
odors, and other nuisance conditions, security measures such as fencing and gates,
property marked and maintained, access roads, and storm water management controls
and leachate management systems;
i. any corrective action(s) proposed by the third-party inspector to be taken by the
owner or operator, with recommended schedules for implementing the corrective
action(s); and
j. any additional information as required by the Department on a facility-specific
basis.
2. Waste Ban Compliance Inspection Report. For a waste ban compliance inspection
conducted pursuant to 310 CMR 19.018(7), the third-party inspector shall prepare a
third-party inspection report that describes and reports in detail the results of his or her
inspection, including but not limited to:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.018: continued

a. any deviation from compliance with the waste bans at 310 CMR 19.017 by the
facility or haulers and generators delivering waste to the facility; and
b. a comparative analysis of the percentage of failed loads identified by the
third-party inspector and the percentage of failed loads documented pursuant to the
on-going load inspections conducted over the immediately preceding inspection
period in accordance with the facility's approved waste ban compliance plan.
3. Report Format. Each third-party inspection report shall be submitted in the format
specified by the Department.
4. Duty of Third-party Inspectors to Provide Information. Upon request of the
Department, a third-party inspector shall provide a copy of any third-party inspection
report prepared by him or her to the Department within seven business days. Upon
request, a third-party inspector shall furnish any other information, documents or records
associated with such inspection and allow the Department access to and to copy all
records relating to the facility within seven business days.
(c) Owner and Operator Requirements.
1. Reports and Certifications. The owner and operator of a facility shall submit each
third-party inspection report to the Department and the board of health of the
municipality in which the facility is located no later than 30 days following the date of
the inspection. A responsible official of the inspected facility shall sign and certify such
report in accordance with 310 CMR 19.011(1). Notwithstanding the foregoing, nothing
in 310 CMR 19.018 relieves any person of any duty to report or provide notice of any
information that such person is required to report in a shorter timeframe pursuant to any
statute, regulation, permit, approval, determination, authorization, order or other
requirement.
2. Corrective Actions. In the event that a third-party inspection report contains a
recommendation for corrective action(s), the owner or operator shall submit, along with
the inspection report, the following:
a. a written report documenting the completion of the corrective action(s);
b. documentation or explanation why corrective action is not needed; or
c. a plan and schedule for completing the corrective action(s), on a form provided
by the Department. The owner or operator may elect to correct deviations identified
in the third-party inspection report in a manner that is different than that
recommended by the third-party inspector, so long as the facility is brought back into
compliance with applicable requirements.
3. Deficiency Notice. In the event that the Department issues a written deficiency notice
to the owner or operator regarding any submittal required by 310 CMR 19.018, the owner
or operator shall, within 21 days of the date of issuance of the Department's notice,
provide a written response to the Department that describes how the facility intends to
correct the deficiencies identified by the Department and provides a compliance
schedule.
4. Records. A copy of each third-party inspection report shall be maintained at the
facility in accordance with the record-keeping requirements of 310 CMR 19.000. The
owner and operator shall make third-party inspection reports available to personnel or
authorized representatives of the Department for review at the facility upon request.

19.028: Requirements for Construction, Operation, Modification or Expansion of a Solid Waste

Management Facility

No person shall construct, operate, maintain, expand or modify a facility to store, process,
transfer, treat or dispose of solid waste except in accordance with:

(1) a valid site assignment;

(2) a solid waste management facility permit ("permit") and any applicable facility expansion
permit issued in accordance with 310 CMR 19.032;

(3) an authorization to construct the facility issued by the Department in accordance with
310 CMR 19.041;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.028: continued

(4) an authorization to operate the facility issued by the Department in accordance with
310 CMR 19.042 or, for a transfer station which is not a C&D waste transfer station, a
certification in accordance with 310 CMR 19.035; and

(5) any applicable modification permit pursuant to 310 CMR 19.033 or 19.034.

19.029: Applicable Permit and Certification Procedures for Construction, Operation, Modification or
Expansion of a Solid Waste Management Facility

(1) Use of Permit Procedure at 310 CMR 19.032. The permit procedure set forth at 310 CMR
19.032 shall be used to review the following:
(a) an application for a new facility;
(b) an application for expansion of a handling facility, including a transfer station;
(c) an application for expansion of a combustion facility;
(d) an application for lateral expansion of a landfill;
(e) an application for vertical expansion of a landfill; or
(f) any other application the Department deems appropriate.

(2) Use of Permit Procedure at 310 CMR 19.033. Except as specified at 310 CMR 19.029(3)
or (4) the permit procedure set forth at 310 CMR 19.033 shall be used to review the following:
(a) an application for a permit modification;
(b) an application for corrective action (including but not limited to assessment);
(c) a closure plan;
(d) a post-closure plan;
(e) an application for post-closure use on the final cover of a landfill or affecting an
appurtenance of a facility;
(f) an application for a Beneficial Use Determination; or
(g) any other application the Department deems appropriate.

(3) Use of Presumptive Approval Procedure at 310 CMR 19.034. Except as specified at
310 CMR 19.029(2) and (4) the presumptive approval procedure set forth at 310 CMR 19.034
shall apply to the following proposed activities or modifications:
(a) any administrative change at a facility;
(b) a post-closure use that:
1. does not affect the facility's appurtenances, or
2. is not located on the final cover of a landfill;
(c) acceptance of a special waste pursuant to 310 CMR 19.061;
(d) a minor operational or equipment change, such as, but not limited to, a change,
substitution, or addition of processing equipment (e.g. diesel to electric) or a change in the
facility’s layout; and
(e) any other activity or modification the Department deems appropriate.

(4) Use of Certification Procedure at 310 CMR 19.035 for Transfer Station (That Is Not a C&D
Waste Transfer Station). The certification procedure at 310 CMR 19.035 shall be used for:
(a) the operation of a new or expanded transfer station;
(b) the acquisition of a transfer station (in addition to the certification required pursuant to
310 CMR 19.044);
(c) the modification in the design, construction, operation, maintenance, closure, or post-
closure use of a transfer station;
(d) when a certification has not been submitted within the previous five years; or
(e) a transfer station with a valid permit or approval issued prior to February 14, 2014.

19.030: Application for a Solid Waste Management Facility Permit

(1) General. Any person intending to construct, operate or maintain a solid waste management
facility shall file an application for a permit.

(2) Application. An application for a permit shall contain sufficient information so that the
Department can evaluate whether the application meets the applicable review criteria at
310 CMR 19.038 and at a minimum shall include:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.030: continued

(a) a completed application on a form as may be provided by the Department;

(b) such additional or alternative information as required in other parts of 310 CMR 19.000
governing the permitting of specific types of solid waste management facilities.
(c) applicant identification which shall include such information and documentation as the
Department deems necessary to fully identify all persons having a legal or financial interest
in, or operational responsibility for, the site or facility; those persons' legal status; those
persons’ prior ownership or operating history of solid waste facilities; and other relevant
information regarding the applicant's competency to own and/or operate a facility;
(d) a solid waste management facility plan (“Plan”) for the particular type of solid waste
management facility that includes such maps, data, information and documents as required
in the applicable facility specific regulations. The Plan shall, at a minimum, be comprised
of the following components:
1. a site plan which shall include such maps, diagrams, reports and other information
the Department deems necessary to accurately locate the proposed site and facility,
identify its geographical characteristics, identify the zoning of the site, and evaluate the
potential impact of the construction and operation of the proposed facility on surrounding
land uses, traffic flow, surface water bodies, wetlands, water supplies, and flood zones;
2. a waste ban plan as required at 310 CMR 19.017(5);
3. a facility design plan which shall provide such diagrams, reports, studies and other
information as the Department deems necessary to evaluate the feasibility and potential
impacts of the facility on public health, safety and the environment. The facility design
plan shall address all aspects of the facility design and shall include:
a. a detailed description of the type and size of the proposed facility;
b. the nature and amount of refuse to be handled on a daily and weekly basis;
c. a detailed description of the design of the facility, including recycling and
composting components, site improvements and all systems and other appurtenances
thereto necessary to comply with:
i. the operation and maintenance requirements;
ii. the closure and post-closure requirements; and
iii. permit approval criteria;
d. provision to minimize the impacts of site and facility construction; and
e. other design provisions the Department deems necessary on a site or facility
specific basis to ensure proper design;
4. an operation and maintenance plan which shall provide such diagrams, reports,
studies, and other information as the Department deems necessary to evaluate the ability
of the proposed operation and maintenance procedures to ensure good solid waste
management practices and to protect public health and safety and the environment. The
operation and maintenance plan shall include:
a. a detailed description of the proposed waste handling methods and techniques,
and sequence of operations for the facility;
b. a description of the procedures to be employed to comply with the operation and
maintenance requirements for the specific type of facility and the permit approval
criteria;
c. a detailed description of the environmental monitoring and sampling protocols
and procedures and inspection and maintenance of the environmental monitoring
systems;
d. a tracking and reporting system by which the Department can verify compliance
with recycling requirements and with bans on acceptance of certain types of solid
waste or recyclable materials which have been imposed pursuant to 310 CMR 19.017
and are in effect at the time the permit is granted;
e. a compliance and inspection plan to ensure operation of the facility is in
compliance with the permit and all applicable regulations; and
f. other operation and maintenance provisions that the Department deems necessary
on a site or facility specific basis to ensure proper operation and maintenance;
5. a closure and post-closure plan which shall provide such diagrams, reports, studies
and other information as the Department deems necessary to describe and evaluate the
procedures the applicant proposes to use to close the facility and maintain and care for
the site during the post-closure period in a manner that minimizes the impacts to public
health and safety and the environment. A closure and post-closure plan shall include:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.030: continued

a. a description of the activities, and the sequence of activities necessary to close the
facility;
b. a description of measures to be utilized to comply with the closure and
post-closure requirements set forth in 310 CMR 19.045 and other applicable sections
of 310 CMR 19.000 ;
c. a description of proposed subsequent use of the site and/or facility, if any; and
d. other provisions that the Department deems necessary on a site or facility specific
basis to ensure proper closure of the facility.
(e) a public health report, if any, as submitted by the Department of Public Health pursuant
to the Site Assignment Regulations, 310 CMR 16.17: Application Review by the Department
of Public Health;
(f) sufficient documentation that the proposed facility will be located within the boundaries
of a valid site assignment;
(g) sufficient documentation that:
1. the MEPA process does not apply;
2. the MEPA process does apply and the Secretary has determined that an
Environmental Impact Report is required; or
3. the MEPA process has already been completed and the Secretary has issued a
certificate or a determination that no EIR is required.

(3) Filing and Confidentiality.

(a) The applicant shall file one copy of the application or registration with the Department
in the appropriate Regional Office.
(b) Any information submitted pursuant to 310 CMR 19.000 may be claimed as confidential
by the applicant in accordance with the provisions of 310 CMR 3.00: Access to and
Confidentiality of Department Records and Files, except information regarding the name and
address of the permittee and data related to the potential impact of the proposed activity on
public health, safety and the environment.

(4) Variance. The application shall clearly state whether a variance is requested, as provided
in 310 CMR 19.080.

(5) Presentation of Information. Information set forth in the application for a permit shall be
current, presented clearly and concisely using forms, as may be provided by the Department, and
supported by appropriate references to technical and other documents made available to the
Department. The application shall contain sufficient data and other relevant information to allow
the Department to determine, independent of additional information, whether to issue the Permit.

(6) Signatory. An application shall be signed and certified in accordance with 310 CMR
19.011(1).

(7) Engineering Supervision. All papers pertaining to design, construction, operation,

maintenance, or engineering of a site or a facility shall bear the seal and signature of a
Massachusetts registered supervising engineer or other applicable person as required at 310 CMR
19.011(2).

19.032: Permit Procedure for a New Facility or Expansion Permit Application

(1) General. 310 CMR 19.032 describes the permit procedure for a permit application for a
new facility, an expansion of an existing facility, or for any other application the Department
deems appropriate as specified in 310 CMR 19.029(1).

(2) Draft Decision.

(a) The Department shall prepare a draft decision. A draft decision for granting a permit
shall include all appropriate conditions, standards, and requirements necessary to establish
a new facility or to conduct approved activities at an existing facility.
(b) Each draft decision shall be accompanied by a fact sheet briefly describing:
1. the facility or activity which is the subject of the draft decision;
2. the type and quantity of wastes which are to be handled;
3. the reasons for the terms and conditions set forth therein; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.032: continued

4. the reasons why requested variances or alternatives to required standards are or are
not proposed to be approved.
(c) Distribution of the Draft Decision. The Department shall send a copy of the draft
decision and the accompanying fact sheet to the applicant, the local board of health, abutting
board of health, if any, and, on written request, to any other person.
(d) Description of Procedures. A description of the procedures for reaching a final decision
on the permit application shall accompany the copy of the draft decision and shall include:
1. the beginning and ending dates of the comment period and the address where
comments will be received;
2. any other procedures by which the public may participate in the process leading to
a final permit decision; and
3. the name and telephone number of an individual to contact for additional
information.

(3) Public Notice.

(a) The Department shall cause public notice to be given when:
1. a draft decision on a facility permit application has been prepared; or
2. a public hearing on a draft decision has been scheduled. Public notice in this case
shall be given at least 21 days prior to the hearing date.
(b) Notice of More than One Permit. A public notices may describe more than one permit
or permit action.
(c) Method of Notice. Public notice shall be given by the following methods:
1. By mailing notice to:
a. the applicant;
b. the board of health of the municipality in which the facility is to be located or the
permitted activity is proposed;
c. the board of health of any municipality within ½ mile of the proposed facility
("abutting board of health"); and
d. abutters of the facility site.
2. By publication, paid for by the applicant, in a daily or weekly newspaper of general
circulation in the locality affected by the facility.
(d) Content of Notice. A public notices shall, at a minimum, contain the following
information:
1. a description of the proposed facility including the type of facility, proposed tonnage,
___location and hours of operation;
2. the identity and mailing address of the applicant;
3. the public ___location where the application can be inspected; and
4. the time period for written comments on the application and the address to which
comments should be mailed, and, if a public hearing is to be held, the public hearing
information set forth at 310 CMR 19.032(5).

(4) Comment Period.

(a) A public notice issued pursuant to 310 CMR 19.032(3) for a draft decision shall allow
at least 30 days for public comment. The comment period shall begin on the date the public
notice is first published in a newspaper as specified at 310 CMR 19.032(3)(c)2. or on a later
date specified in the public notice.
(b) Written Comments. During the public comment period, any interested person may
submit written comments on the draft decision to the office of the Department processing the
permit request.
(c) Extending or Reopening the Public Comment Period. The Department may extend or
reopen the public comment period to allow for the issuance of a modified draft decision or
to give interested persons an opportunity to comment on the information or arguments
submitted. If the Department gives such an extension, public notice thereof shall be given
in the manner prescribed in 310 CMR 19.032(3). Such notice shall specify any new issues
to be considered.

(5) Public Hearing.

(a) Circumstances Requiring Hearing. The Department shall schedule a public hearing
within the municipality wherein the proposed facility is to be located when:
1. the applicant requests a public hearing;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.032: continued

2. the Commissioner determines that there is sufficient public interest in unresolved

issues of concern; or
3. the Department prepares a modified draft decision with substantial revisions from the
original draft decision as a result of comments received pursuant to 310 CMR 19.032(4).
Copies of the modified draft decision shall be distributed in accordance with 310 CMR
19.032(2)(c).
(b) Content of Public Hearing Notice. Public notice of the public hearing shall be given in
the manner described in 310 CMR 19.032(3) and shall include:
1. the date, time, and place of the public hearing; and
2. the nature and purpose of the public hearing.
(c) Public Hearing Procedures.
1. Hearing Officer. The Department shall designate a representative to conduct the
public hearing. The Hearing Officer shall have authority to ensure an orderly
presentation of issues, comments, data, and arguments, and to ensure an adequate and
comprehensible record of the proceedings. The Hearing Officer may, at his or her
discretion, without limitation of the foregoing:
a. define relevant issues, receive and consider relevant matter and exclude irrelevant
or unduly repetitive matter;
b. determine the order in which persons wishing to do so may present oral
comments;
c. conduct appropriate examination of persons offering oral comments;
d. establish a reasonable time limit for all persons wishing to offer oral comments;
e. require the applicant or any other person intending to present studies or exhibits
for consideration at the hearing to file such material within a reasonable time in
advance of the hearing;
f. require any person who refers to or relies upon written information or expert
opinion in offering comments to provide copies of such material within a reasonable
time after the hearing;
g. permit an opportunity for oral rebuttal of comments received;
h. allow a reasonable time after the hearing for providing written comment or
rebuttal; and
i. order adjournment, recess, or rescheduling of the hearing.
2. Participation in the Hearing. Any person may attend and observe the public hearing.
Any person wishing to offer oral comments may do so upon filing a written statement
containing the name, address, and telephone number of an authorized representative to
whom correspondence may be addressed for purposes of the hearing.
3. Authorized Representative. An individual may appear on his or her own behalf. A
duly authorized officer or employee may represent a corporation; a duly authorized
member may represent a partnership, joint venture or association; and an authorized
trustee may represent a trust. Any person shall have the right to be accompanied,
represented and advised by an authorized agent or attorney.
4. Conduct of Hearings. The hearings shall be as informal as may be reasonable and
appropriate under the circumstances. The Hearing Officer shall ensure that the conduct
of persons at the hearing will at all times be orderly.
5. Withdrawal of Request for Hearing. The applicant or any other person who requested
a hearing may withdraw the request, or may elect to submit any comments or documents
without a hearing, by filing with the Department a written withdrawal. If notice of a
hearing has already been published pursuant to 310 CMR 19.032(3), such withdrawal
shall be filed at least ten days prior to the scheduled hearing, and notice of the withdrawal
shall be provided in the same manner specified in 310 CMR 19.032(3).
6. Recordings and Transcripts. The proceedings at the hearing shall be recorded either
electronically or stenographically. Transcripts or electronic copies shall be supplied to
any person, upon request, at his or her own expense. Any person, upon request, may
order a stenographer to transcribe the proceedings or the Department's electronic
recording at his or her own expense. In such event, a transcription shall be provided to
the Department at no expense to the Department, and upon such other terms as the
Hearing Officer shall order.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.032: continued

(6) Issuance of the Final Decision on a Permit Application.

(a) Issuance and Public Notice. After the close of the public comment period, or, if
applicable, the close of the public hearing, whichever is later, the Department shall issue a
final decision on the permit application. Notice of the Department's final decision and
summary response to comments shall be given to the applicant by electronic transmission
upon agreement by the applicant, or, if not, by first class mail. Notice shall also be provided
to the board of health, any abutting board of health and each person who has requested notice
of the final decision.
(b) Effective Date. Unless otherwise stated in the permit, the permit shall be effective upon
issuance.
(c) Summary Response to Comments. At the time the decision is issued, the Department
shall prepare a summary of the major comments on the draft decision and a response to
comments and shall describe any major changes made to the draft decision as a result of
comments received.
(d) Legal Challenges.
1. Appeal. Any person aggrieved by the final permit decision may file an appeal for
judicial review of said decision in accordance with the provisions of M.G.L. c. 111,
§ 150A and c. 30A not later than 30 days following the date of issuance of the final
permit decision to the applicant. The standing of a person to file an appeal and the
procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A.
Unless the person requesting an appeal requests and is granted a stay of the terms and
conditions of the final permit decision by a court of competent jurisdiction, the final
permit decision shall be effective in accordance with 310 CMR 19.032(6)(b).
2. Notice of Action. Any aggrieved person intending to appeal a final permit decision
to the Superior Court shall first provide notice of intention to commence such action.
Said notices of intention shall include the Department file number and shall identify with
particularity the issues and reason why it is believed the final permit decision was not
proper. Such notice shall be provided to the Office of General Counsel of the
Department and the Regional Director for the regional office which processed the permit
application, if applicable, at least five days prior to the filing of an appeal.
3. No allegation shall be made in any judicial appeal of a final permit decision unless
the matter complained of was raised at the appropriate point in the administrative review
procedures established in 310 CMR 19.000, provided that a matter may be raised upon
a showing that it is material and that it was not reasonably possible with due diligence
to have been raised during such procedures or that matter sought to be raised is of critical
importance to the environmental impact of the permitted activity.

19.033: Permit Procedure for an Application for a Permit Modification or Other Approval

(1) General. 310 CMR 19.033 describes the permit procedure for a permit application for
certain modifications to a facility or other permit application as specified in 310 CMR 19.029(2).

(2) Issuance of Permit Decision. The Department shall mail a copy of its permit decision on
an application to the applicant, the board of health of the municipality in which the facility is
located, the board of health of any municipality within ½ mile of the proposed facility and any
other person who has requested in writing that the Department provide a copy of the permit
decision.

(3) Effective Date. Unless otherwise stated in the permit decision, the permit decision shall be
effective upon its issuance.

(4) Review of Decision.

(a) Provisional Decision. The Department may defer the effective date of a permit decision
for the purpose of obtaining comments by issuing a provisional permit decision. Such a
provisional decision shall be accompanied by a notice stating that written comments may be
submitted to the Department for a period of at least 21 days after the date of issuance of the
provisional decision. Prior to the effective date established therein, the Department shall
issue a final permit decision at the end of the comment period.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.033: continued

(b) Where no provisional decision is issued, an applicant aggrieved by the Department's

permit decision, within 21 days of the issuance of the Department's permit decision to the
applicant, may file a written request, with the appropriate regional office of the Department,
that the permit decision be deemed a provisional decision, and a written statement of the
basis on which the applicant believes it is aggrieved, together with any supporting materials.
Upon timely filing of such a request, the permit decision shall be deemed a provisional
decision. Such a request shall reopen the administrative record, and the Department shall
issue a final permit decision after the end of the comment period. Failure by an applicant to
exercise the right provided in 310 CMR 19.033(4)(b) shall constitute a waiver of the
applicant's right to appeal.

(5) Legal Challenges.

(a) Appeal. Any person aggrieved by the final permit decision, except as provided for under
310 CMR 19.033(4)(b), may file an appeal for judicial review of said permit decision in
accordance with the provisions of M.G.L. c. 111, § 150A and M.G.L. c. 30A no later than
30 days following the date of issuance of the final permit decision to the applicant. The
standing of a person to file an appeal and the procedures for filing such appeal shall be
governed by the provisions of M.G.L. c. 30A. Unless the person requesting an appeal
requests and is granted a stay of the terms and conditions of the final permit decision by a
court of competent jurisdiction, the final permit decision shall be effective in accordance
with 310 CMR 19.033(3).
(b) Notice of Action. Any aggrieved person intending to appeal a final permit decision to
the Superior Court shall first provide notice of intention to commence such action. Said
notices of intention shall include the Department file number and shall identify with
particularity the issues and reason why it is believed the final permit decision was not proper.
Such notice shall be provided to the Office of General Counsel of the Department and the
Regional Director for the regional office which processed the permit application, if
applicable, at least five days prior to the filing of an appeal.
(c) No allegation shall be made in any judicial appeal of a final permit decision unless the
matter complained of was raised at the appropriate point in the administrative review
procedures established in 310 CMR 19.000, provided that a matter may be raised upon a
showing that it is material and that it was not reasonably possible with due diligence to have
been raised during such procedures or that matter sought to be raised is of critical importance
to the environmental impact of the permitted activity.

19.034: Presumptive Approval Procedure

310 CMR 19.034 describes the procedure for the Department's presumptive approval of
certain activities at or modifications to a facility. Any activity or modification specified in
310 CMR 19.029(3) may be made without prior written approval from the Department provided
that:

(1) at least 45 days prior to commencing such activity or modification, the owner or operator
submits to the Department and the board of health a written description of the proposed activity
or modification on an application form provided by the Department;

(2) within 45 days of receipt of the form, the Department has not determined, in a letter to the
owner and operator, that 310 CMR 19.034 does not apply to the proposed activity or
modification or that additional information is needed to make that determination; and

(3) within 45 days of completion of the modification, the owner or operator submits to the
Department as-built plans and/or a report describing the modification, provided that no
additional documentation is necessary where there was no physical modification to the facility.

19.035: Transfer Station Certifications

(1) Qualifications for Transfer Station Certification. To be eligible to submit a transfer station
certification, a transfer station must have a valid facility permit. Any expiration date contained
in the transfer station permit shall have no force and effect after the owner or operator of the
transfer station submits a valid certification pursuant to 310 CMR 19.035.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.035: continued

(2) Certification Filing Schedule. The responsible official for a transfer station that is not a
C&D waste transfer station shall submit a certification to the Department in accordance with
310 CMR 19.035 by the earliest of the following applicable deadlines:
(a) 30 days prior to the operation of a new transfer station;
(b) 30 days prior to the operation of a transfer station in accordance with its permit for an
expansion;
(c) 30 days prior to a modification in the design, construction, operation, maintenance,
closure, or post-closure use of the transfer station;
(d) when a certification has not been submitted within the previous five years;
(e) 30 days after the acquisition of a transfer station; or
(f) 120 days after February 14, 2014 for operation of a transfer station with a valid permit
or approval issued prior to February 14, 2014 that does not have a certification.

(3) Form. The certification shall be submitted on a form supplied by the Department. The
certification shall address compliance with the permit(s) issued to the transfer station, the
applicable requirements of 310 CMR 19.000, including but not limited to the review criteria at
310 CMR 19.038(2)(a)1. through 11. and shall include all information regarding any changes at
the transfer station relating to the design, construction, operation, maintenance, closure and
post-closure use of the transfer station since the last certification was submitted.

(4) Certification Statement. The responsible official for the transfer station shall submit a
certification in accordance with 310 CMR 19.011(1).

19.036: Department's Modification, Suspension or Revocation of a Permit

(1) General. The Department may rescind, suspend, or modify a permit when it determines that
the operation or maintenance of a facility results in a threat to the public health, safety or the
environment in accordance with the provisions of M.G.L. c.111, § 150A and after a hearing in
accordance with M.G.L. c. 30A, § 11.

(2) Scope of Determination of Threat. In considering whether the continued operation of a

facility presents a threat to the public health and safety or the environment the Department may
consider:
(a) the likelihood of a discharge or release of pollutants from the facility;
(b) the actual or potential impacts from a discharge or release of pollutants from the facility;
or
(c) the potential adverse impacts on the Commonwealth's natural resources from the
disposal of restricted materials pursuant to 310 CMR 19.017.

19.038: Review Criteria for a New or Expanded Facility Permit or Permit Modification

(1) Applicability of Permitting Criteria. The criteria the Department shall apply when
reviewing a permit application or an application for a permit modification are as follows:
(a) New or Expanding Landfills. A permit application for a new landfill or landfill
expansion submitted pursuant to 310 CMR 19.032 shall comply with the criteria set forth at
310 CMR 19.038(2)(a), (c) and (d).
(b) New or Expanding Combustion Facility. A permit application for a new or expanding
combustion facility submitted pursuant to 310 CMR 19.032 shall comply with the criteria
set forth at 310 CMR 19.038(2)(a) and (b).
(c) New or Expanding Handling Facility. A permit application for a new or expanding
handling facility submitted pursuant to 310 CMR 19.032 shall comply with the criteria set
forth at 310 CMR 19.038(2)(a)1. through 11., 13. and 14., and (b).
(d) Modification of a Landfill, Combustion Facility and or Handling Facility. An
application submitted pursuant to 310 MR 19.033 or 19.034. as applicable, for a modification
of a landfill, combustion facility or handling facility not addressed at 310 CMR 19.038(1)(a),
(b), (c), or (e) shall comply with the criteria set forth at 310 CMR 19.038(2)(a)1. through 12.,
except 310 CMR 19.038(2)(a)12. does not apply to a handling facility.
(e) Post-closure Use. A permit application submitted pursuant to 310 CMR 19.033 or
19.034, as applicable, for the post-closure use of a facility shall comply with the criteria set
forth at 310 CMR 19.038(2)(a)1., 3., 4., 6., 8., and 10.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.038: continued

(2) Criteria for Review of Applications for a Permit or Permit Modification.

(a) General Criteria. In accordance with the provisions of 310 CMR 19.038(1) the
Department shall consider whether the following criteria are met when reviewing an
application for a permit or permit modification:
1. the applicant has received certification from the Secretary of Environmental Affairs
that the applicant has complied with M.G.L. c. 30, §§ 61 through 62H (MEPA) process;
2. the facility is located within the boundaries of a valid site assignment and is proposed
to be constructed, operated and maintained in accordance with the terms and conditions
of that site assignment;
3. the design, construction, operation, and maintenance of the facility and its
environmental monitoring systems are in compliance with requirements set forth in
310 CMR 19.000, and such policies as the Department establishes governing solid waste
management facilities;
4. the design, construction, operation, and maintenance of the facility constitutes a
threat to the public health, safety or the environment;
5. on a site on which the Department determines it infeasible to adequately conduct
appropriate environmental monitoring, no leachate or contaminated surface run off shall
enter ground or surface waters;
6. the facility design and operation includes components and measures which will
assure compliance with other applicable state and federal laws, regulations and policies,
including without limitation, 314 CMR 3.00 through 12.00 (water pollution control);
310 CMR 22.00: Drinking Water and 27.00: Underground Water Source Protection
(water supply); 310 CMR 7.00: Air Pollution Control (air quality); and 40 CFR 257 and
258;
7. the facility is in compliance with the waste bans established at 310 CMR 19.017;
8. violations of applicable statutes and regulations, judicial orders or administrative
order or conditions of a prior plan approval/permit issued by the Department are
corrected, and any fines and penalties associated with any of the above, which are related
to the site or facility have been paid or are pending administrative or judicial appeal;
9. the construction, operation and maintenance of the facility does not represent a bird
hazard;
10. the ground support for the structural components of the facility is adequate;
11. whether the construction, operation, and maintenance of the facility:
a. will have an adverse impact on Endangered, Threatened, or Special Concern
species listed by the Natural Heritage and Endangered Species Program of the
Division of Fisheries and Wildlife in its database;
b. will have an adverse impact on an Ecologically Significant Natural Community
as documented by the Natural Heritage and Endangered Species Program in its
database; or
c. will have an adverse impact on the wildlife habitat of any state Wildlife
Management Area.
12. the yearly and lifetime capacity potentially created by the proposed facility or
expansion in relation to the reasonably anticipated disposal capacity requirements and
reduction/diversion goals of the Commonwealth and the geographic area(s) which the
site will serve;
13. the extent to which the facility operations, alone or in conjunction with other
facilities, maximizes diversion or processing of each component of the anticipated waste
stream in order to first reduce adverse impacts and utilize materials and only thereafter
to extract energy from the remaining solid waste prior to final disposal; and
14. the extent to which the facility operations, alone or in conjunction with other
facilities, will contribute to the establishment and maintenance of a statewide integrated
solid waste management system which will protect the public health and environment
and conserve the natural resources of the Commonwealth.
(b) Combustion Facilities and Handling Facilities. In addition to the criteria set forth under
310 CMR 19.038(2)(a), the Department shall consider whether the following criteria are met
when reviewing an application for a permit or permit modification for combustion facilities
and handling facilities site assigned before June 8, 2001. Facilities or expansions of facilities
site assigned in accordance with the criteria at 310 CMR 16.00: Site Assignment Regulations
for Solid Waste Facilities that were promulgated on or after June 8, 2001 shall comply with
the siting criteria of that site assignment:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.038: continued

1. the construction, operation and maintenance of the facility, if located or proposed to

be located in a Zone II area or Interim Wellhead Protection Area does not result in an
adverse impact to an existing or potential public or private water supply well;
2. the waste handling areas are not within the following distances unless, as applicable,
a waiver has been obtained under 310 CMR 16.00: Site Assignment Regulations for
Solid Waste Facilities or a variance is obtained under 310 CMR 19.080:
a. 100 feet of the nearest edge of the property boundary, provided that a shorter
distance consistent with the necessary operating and maintenance requirements of the
facility may be approved for that portion of the waste handling area which borders
a solid waste management facility;
b. 250 feet of an existing or potential private water supply well;
c. 250 feet of an occupied residential dwelling, prison, bedded health care facility,
lower educational institution or children's pre-school, excluding equipment storage
or maintenance structures, if a solid waste handling facility, and 500 feet if a solid
waste combustion facility;
d. a resource area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40,
and the regulations promulgated thereunder at 310 CMR 10.00: Wetlands
Protection, including the 100 year floodplain;
e. 500 feet upgradient or 250 feet downgradient of a surface drinking water supply.
(c) Landfills. In addition to the criteria set forth under 310 CMR 19.038(2)(a) the
Department shall consider whether the following criteria are met when reviewing an
application for a permit or permit modification for a landfill site assigned before
June 8, 2001. Facilities or expansions of facilities site assigned in accordance with the
criteria at 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities that were
promulgated on or after June 8, 2001 shall comply with the siting criteria of that site
assignment:
1. the landfill is not located:
a. in the Zone II area of an existing or potential public water supply well;
b. within 15,000 feet upgradient of an existing public water supply well unless a
preliminary Zone II determination has been completed and approved by the
Department and the Department determines that the landfill is not located in the Zone
II area;
c. in the Interim Wellhead Protection Area of an existing or potential public water
supply well, unless a preliminary Zone II delineation has been approved by the
Department and the Department determines that the landfill is not located in the Zone
II area;
d. in the recharge area for a sole source aquifer, unless:
i. there are no existing or potential public ground water supplies downgradient
of the site;
ii. there are no existing or potential private ground water supplies downgradient
of the site; however, the applicant may have the option of providing an
alternative public water supply to replace all the existing or potential
downgradient private groundwater supplies; and
iii. there is a sufficient existing or potential public water supply to meet the
municipality's projected needs.
2. the leachate containment structure of a landfill shall not be located within a resource
area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40, including the 100
year floodplain;
3. the outermost limits of the waste deposition area for new landfills or expansions of
landfills shall not be within the following distances unless, as applicable, a waiver has
been obtained under 310 CMR 16.00: Site Assignment Regulations for Solid Waste
Facilities or a variance has been obtained under 310 CMR 19.080:
a. 100 feet of the nearest edge of the property boundary, provided that a shorter
distance consistent with the necessary operating and maintenance requirements of the
facility may be approved for that portion of the waste deposition area which borders
a solid waste management facility;
b. 500 feet of a private water supply well;
c. 500 feet of an occupied residential dwelling, bedded health care facility, prison
or lower educational institution or children's pre-school, excluding equipment storage
or maintenance structures;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.038: continued

d. a resource area protected by the Wetlands Protection Act, M.G.L. c. 131, § 40,
and the regulations promulgated thereunder at 310 CMR 10.00: Wetlands
Protection, including the 100 year floodplain;
e. 2500 feet upgradient or 500 feet downgradient of a surface drinking water supply;
f. 250 feet upgradient of a perennial watercourse that drains to a surface drinking
water supply where the landfill is within one mile of the surface drinking water
supply; or
g. 250 feet of a lake, pond or river (not including a stream) as defined in 310 CMR
10.00: Wetlands Protection, other than a drinking water supply; or
(d) Additional Landfill Criteria. In addition to the criteria set forth at 310 CMR
19.038(2)(a) and (c), the Department shall consider whether the following criteria, in
reviewing an application for a permit or a modification for a landfill, have been met:
1. the landfill does not represent a threat to public health, safety or the environment due
to concentration or migration of explosive gases, excluding gas control or recovery
system components, at the facility or beyond the facility property boundary;
2. the landfill is not located in a seismic impact zone unless all containment structures
are designed to resist the maximum horizontal acceleration in lithified earth material for
the site;
3. the landfill is not located in an unstable area unless engineering measures have been
incorporated into the landfill's design to ensure the integrity of structural components,
including but not limited to liners, leachate collection systems and final covers, will not
be disrupted. The owner or operator shall consider the following factors, at a minimum,
when determining whether an area is unstable:
a. on-site or local soil conditions that may result in significant differential settling;
b. on-site or local geologic or geomorphologic features; and
c. on-site or local human-made features or events (both surface and subsurface); and
4. the landfill is not located within 200 feet (60 meters) of a fault that has had
displacement in Holocene time unless the owner or operator demonstrates that an
alternative setback of less than 200 feet will prevent damage to the structural integrity of
the landfill.

19.041: Authorization to Construct

(1) General. The following shall not be constructed except in accordance with a valid
authorization to construct issued by the Department in writing:
(a) a new or expanded facility for which a permit has been issued;
(b) modifications to a facility for which a permit modification has been issued, except for
a transfer station that is not a C&D waste transfer station; or
(c) a new phase in the case of a landfill being developed in phases.

(2) Filing. The owner or operator shall file a request for an authorization to construct in writing
with the Department in the appropriate Regional Office. However, unless otherwise indicated,
the Department shall consider an application for a solid waste management facility permit or an
application to modify a permit to constitute a request for an authorization to construct.

(3) Issuance. In general, the Department shall issue an authorization to construct when the solid
waste management facility permit or permit modification is issued, except in the case of phased
construction of a landfill where an authorization to construct may be required for each phase and
except where the Department determines that any of the following permits has not been applied
for, as applicable, or granted at the time the solid waste management facility permit is to be
granted:
(a) Massachusetts Surface Water Discharge Permit for point source discharges to surface
waters pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge Permit
Program;
(b) ground water discharge permit pursuant to M.G.L. c. 21, § 43 and 314 CMR
5.00: Ground Water Discharge Permit Program;
(c) storm water discharge permit pursuant to M.G.L. c. 21, § 43, and 40 CFR 122 and
314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material,
Dredging, and Dredged Material Disposal in Waters of the United States Within the
Commonwealth;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.041: continued

(d) sewer connection permit for the discharge of collected and or pre-treated leachate into
a municipal sewer system as required by 314 CMR 7.00: Sewer System Extension and
Connection Permit Program;
(e) Federal Water Pollution Control Act section 404 dredge and fill permit relative to
surface water pursuant to the Federal Water Pollution Control Act; and
(f) other local, state and federal permits, approvals or authorizations that are required for
the construction of the facility.

(4) Sunset. If construction of the facility or first phase thereof has not been completed or no
solid waste has been processed or disposed at the facility within three years of the date of
issuance of an authorization to construct the authorization shall expire. The owner or operator
may apply to the Department for an extension of the authorization at any time prior to or after
it expires.

(5) Enforcement. The issuance of an authorization to construct shall not limit the Department's
right to take enforcement action, including, without limitation, the suspension, revocation or
modification of the permit or revocation of the authorization to construct if 310 CMR 19.000 or
any condition of the permit or authorization to construct is violated.

(6) Deed Notice. In accordance with M.G.L. c. 111, § 150A, the owner or operator of a facility
shall record a notice of the authorization to construct permit in the registry of deeds or, if the site
is registered land, in the registry section of the land court for the district wherein the land lies.
The notice shall be captioned "Notice of Authorization to Construct a Solid Waste Facility" and
shall contain a title reference citing the source of title of the land on which the facility is to be
constructed (i.e., the deed with book and page number if recorded land; probate number if
acquired through a probate proceeding; and certificate of title number if registered land).

19.042: Authorization to Operate

(1) General. No person shall operate a facility, or if a new or existing facility is developed in
phases, operate in any new phase of a facility, without a valid authorization to operate issued by
the Department in writing.

(2) Transfer Station Exclusion. 310 CMR 19.042(1) does not apply to a transfer station, except
a C&D waste transfer station.

(3) Filing. The applicant shall file a request for an authorization to operate in writing with the
Department in the appropriate Regional Office.

(4) Issuance. An authorization to operate shall only be issued after the Department is persuaded
by the applicant that:
(a) appropriate financial assurance has been secured in accordance with 310 CMR 19.051;
(b) as-built plans, signed and stamped by a registered professional engineer, have been
submitted where required by the Department;
(c) the deed notice regarding the authorization to construct a solid waste facility has been
recorded or registered as required pursuant to 310 CMR 19.041(6); and
(d) the construction of the facility or phase thereof is complete and the facility is
operational. For the purposes of 310 CMR 19.042 a facility shall be considered complete
when:
1. the facility has been constructed and prepared in conformance with the approved
design plan required under 310 CMR 19.030(3), including the recycling and composting
components of that plan;
2. the ditches, drains, roads, fences, water lines, collection systems, and other
appurtenances shown on the approved plans are complete and functional;
3. all equipment needed for normal operation of the facility is available and fully
operational;
4. all site preparation for the first six months of operation of a new facility or
appropriate period for the phase, if applicable, is completed;
5. sufficient number of qualified staff and supervision is available to carry out the
normal operation and maintenance of the facility in accordance with approved plans;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.042: continued

6. approved recycling and composting activities will be implemented as approved in

accordance with an implementation schedule approved by the Department;
7. the applicant has provided proof of receipt of all applicable other state, local and
federal permits that are required for the operation of the facility; and
8. the facility is otherwise in compliance with all applicable portions of 310 CMR
19.000.

(5) Renewal of an Authorization to Operate.

(a) General. An operator planning to continue to use a facility after the expiration date, if
any, of the authorization to operate established pursuant to 310 CMR 19.042 shall:
1. submit an application for renewal of an authorization to operate, at least 180 days
prior to the date of expiration, which shall include all appropriate information relating
to the operation of the facility including, without limitation,
a. a discussion of any changes in operation and monitoring of the facility during the
previous authorization period;
b. a narrative summary of the monitoring data for the prior five years of operation;
c. a report covering the entire monitoring history of the facility including a detailed
outline of the facility's monitoring program, all monitoring results organized in a
clear and concise table with an explanation of any missing or non-representative data,
an analysis of any trends, any proposals for upgrading the monitoring program, and
a discussion of monitoring results;
d. a report containing information on leachate generation rates and the management
or fate of that leachate, changes in operation and equipment, operational problems
and proposed solutions, and plans to upgrade or improve facility operations to better
comply with environmental laws and regulations and a record of all violations of
requirements of 310 CMR 19.000 or permit conditions during the authorization
period;
e. a determination, with documentation, of the remaining approved capacity or life
expectancy of the facility;
f. documentation that the facility has been and will continue to be meeting its
recycling and waste restriction requirements;
g. adequate financial assurance has been established; and
h. a demonstration that the facility is operating in compliance with all applicable
requirements of 310 CMR 19.000.
2. notify the municipality in which the facility is located as well as the municipalities
that are under contract to the facility.
(b) Issuance. The Department, upon review of a renewal application, shall determine
whether the applicant has satisfactorily complied with all terms, conditions and requirements
of the facility permit, the expiring authorization to operate and 310 CMR 19.000.
1. If the Department determines that the applicant has complied hereunder, the
authorization to operate may be reissued.
2. If the Department determines that the applicant has not complied hereunder, or other
circumstances exist which indicate noncompliance with any provisions of 310 CMR
19.000 or the permit or any authorizations, the Department shall take appropriate action
to secure compliance including, but not limited to, a denial of reissuance. If the
Department refuses to renew the authorization the permittee shall have a right to a
hearing in accordance with M.G.L. c. 30A, § 13.
(c) Conditions and Terms of a Renewal. The Department may include all conditions of the
original authorization to operate and pursuant to 310 CMR 19.036 may establish new
conditions for the authorization to operate based on the owner’s and operator's record of
compliance with applicable laws and regulations, the site assignment, plan submissions,
public health and environmental impacts of the facility, revisions of 310 CMR 19.000, the
facility financing requirements and remaining capacity of the facility.

(6) Enforcement. The issuance of an authorization to operate shall not limit the Department's
right to take enforcement actions, including, without limitation, the suspension, revocation or
modification of the permit or revocation of the authorization to operate, if any provision of
310 CMR 19.000 or any condition of the permit, authorization to operate or any order issued by
the Department is violated.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.043: Conditions for Permits and Other Approvals

(1) Items Subject to Conditions. The Department may grant a permit or an authorization subject
to such conditions as are necessary to ensure compliance with 310 CMR 19.000 or to protect the
public health, safety, or the environment including, without limitation: the period of time for
which a permit or authorization is valid, phased development of construction or operations,
minimum recycling or composting requirements, the kind or type of waste allowed, site
assignment conditions, inspection, financial assurance, technical data gathering, data analysis,
quality control, quality assurance, sampling, monitoring, reporting and verification.

(2) Condition(s) on Amount of Solid Waste Accepted. Every permit or authorization to operate
shall contain one or more limits on the amount of solid waste which the facility can accept during
a fixed period of time, not to exceed one year.

(3) Liability. No permit shall be issued except upon the condition that the holder shall be liable
jointly and severally with the owner or operator for any civil or administrative penalties assessed
or orders entered by the Department arising from any improper facility operation, maintenance,
closure, post-closure or other activities performed in violation of the Department's regulations
and applicable statutes. The Department may, in its sole discretion, enforce said condition
against the holder in any enforcement action taken pursuant to applicable statutes or regulations.
Nothing in 310 CMR 19.043 shall:
(a) limit the liability of owners or otherwise legally responsible parties from these or any
other applicable statutes or regulations;
(b) limit the right of the Department to issue notices, orders, or levy penalties for violations
of these and other applicable regulations or permit conditions, to facility owners, holders, or
otherwise legally responsible parties;
(c) bar any otherwise valid agreement to insure, hold harmless or indemnify the holder for
any liability arising out of operation of the facility;
(d) limit the liability of owners or otherwise legally responsible parties for damages to
natural resources of the Commonwealth or reimbursement of the Commonwealth for any
cleanup costs for the facility site incurred by the Commonwealth; or
(e) affect the right of the holder to seek contribution from any joint wrongdoer.

(4) Financial Conditions. The Department may condition a permit or authorization on the
applicant submitting such proof as the Department deems necessary to establish that at the time
of permit and during the projected operating period the applicant shall have adequate funds to
operate and maintain the facility in compliance with applicable statutes and regulations and
permit conditions. Such financial conditions may require, without limitation, the periodic
submission to the Department of approved operating budgets and fee schedules and may compel
the cessation of operations and closure of the facility in the absence of adequate financial ability.

(5) Standard Conditions. The following conditions shall apply to all owners and operators:
(a) Duty to Comply. The owner and operator shall comply at all times with the terms and
conditions of the permit or other approval, 310 CMR 19.000, M.G.L. c. 111, § 150A, and all
other applicable state and federal statutes and regulations, including, but not limited to, the
permit review criteria at 310 CMR 19.038(2)(a)1. through 10.
(b) Duty to Maintain. The owner and operator shall always operate and maintain all
facilities, environmental control and monitoring systems, vehicles and equipment as required
by 310 CMR 19.000 or by the facility permit or other approval.
(c) Duty to Halt or Reduce Activity. The owner and operator shall halt or reduce activity
whenever necessary to maintain compliance with 310 CMR 19.000 or the conditions of the
permit or other approval, or to prevent an actual or potential threat to the public health, safety
or the environment.
(d) Duty to Mitigate. The owner and operator shall remedy and shall act to prevent all
potential and actual adverse impacts to persons or the environment resulting from
non-compliance with 310 CMR 19.000 or terms or conditions of the permit or other
approval. The owner and operator shall repair at his own expense all damages caused by
such non-compliance.
(e) Duty to Provide Information. The owner and operator shall furnish to the Department,
within a reasonable time, any information which the Department may request and which is
deemed by the Department to be relevant in determining whether cause exists to modify,
revoke, or suspend a permit or other approval, or to determine if the owner and operator are
complying with 310 CMR 19.000 or the permit or other approval.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.043: continued

(f) Entries and Inspections. The owner and operator shall allow personnel or authorized
representatives of the Department, without warrant, upon presentation of Department- issued
identification to enter the facility to:
1. investigate, sample and inspect any records, condition, equipment, operation, practice
or property at the facility relating to regulated activities;
2. to determine and enforce compliance with M.G.L. c. 21A, §§ 2 and 8, St. 1987,
c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A and 150A½ and/or 310 CMR 19.000.
(g) Records. All records and copies of all reports required by 310 CMR 19.000 shall be
kept by the owner or operator for at least three years. This period shall be automatically
extended for the duration of any enforcement action. This period also may be extended by
order of the Department. All recordkeeping shall be in compliance with 310 CMR 19.009.
(h) Signatory Requirement. All reports, and information requested or ordered by the
Department, shall be signed by a responsible official of the owner or operator in accordance
with 310 CMR 19.011(1).
(i) Duty to Inform. The owner and operator shall have a continuing duty to immediately:
1. correct any incorrect facts in an application, report or other document submitted to
the Department;
2. report or provide to the Department any omitted facts which should have been
submitted to the Department at any time;
3. report to the Department, in advance, each planned change in the facility or activity
which might result in non-compliance with a term or condition or a permit or approval;
4. report to the Department each change in the information listed in the application filed
pursuant to 310 CMR 19.030;
5. report by the next business day any emergency condition (such as, but not limited to,
a fire) that will have an extended impact on facility operations or pollution control,
unless required to notify on a different schedule in accordance with 310 CMR 19.132 or
310 CMR 40.0000: Massachusetts Contingency Plan; and
6. notify the Department of any change in the owner's or operator's name or mailing
address.
(j) Notification of Bankruptcy. The owner and operator shall notify the Department by
certified mail of the commencement of a voluntary or involuntary proceeding pursuant to
Title 11 (Bankruptcy) of the United States Code in which the owner or operator is named as
debtor within ten days after commencement of the proceeding.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.044: Transfer of Permits

General. No sale, assignment, or transfer of the rights or privileges, or effective control of

such rights or privileges, granted under a permit to establish, expand, construct, operate or
maintain a facility shall be valid until a responsible official of the transferee submits a transfer
certification (on a form prepared by the Department) in accordance with 310 CMR 19.011(1) to
the Department indicating:
(a) proof that notice that the facility is operating or was operated has been recorded in the
registry of deeds, or if the site is registered land, in the registry section of the land court for
the district wherein the land lies. The notice shall be captioned "Notice of Solid Waste
Facility" and shall contain a title reference citing the source of title of the land on which the
facility is to be constructed (i.e., the deed with book and page number if recorded land;
probate number if acquired through a probate proceeding; and certificate of title number if
registered land). This notice shall be incorporated either in full or by reference into all future
deeds, and any other instrument of transfer, which convey an interest in and/or a right to use
the land on which the facility or a portion thereof, is located;
(b) the agreement provides that the transferee is responsible to correct any and all conditions
at the site or facility which result in a threat to public health, safety or the environment or
constitute violations of the site assignment, laws, regulations or conditions of the permit,
approvals, or authorizations existing at the time of transfer whether or not such conditions
are the subject of a Department enforcement action prior to the date of the transfer. A
transfer of a permit shall not relieve previous owners of liability for the site under
M.G.L. c. 21E or c. 21H; and
(c) the transferee has obtained financial assurance as required under 310 CMR 19.051.
Where financial assurance is required no transferee shall operate without said financial
assurance.

19.045: Facility Closure and Post-closure

(1) General. Any facility that stops accepting solid waste voluntarily or in accordance with any
permit, authorization or order issued by the Department or a court of competent jurisdiction or
under any other circumstances shall comply with the requirements of 310 CMR 19.045.

(2) Notification of Voluntary Closure. The owner and/or operator shall notify the Department
no later than six months prior to the date that the facility will stop accepting solid waste.

(3) Compliance with Regulations. Closure activities shall be carried out in compliance with
all applicable regulations and the permit. Landfills shall meet the specific closure requirements
established at 310 CMR 19.140: Landfill Closure Requirements.

(4) Completion of Closure. A facility shall be deemed closed on the date of the Department's
written determination that the closure of the facility has been completed in accordance with the
final closure/post-closure plan.

19.050: Private Facility Tax

(1) Authority. 310 CMR 19.050 is promulgated pursuant to M.G.L. c. 16, § 24A, and St. 1987,
c. 584.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.050: continued

(2) Resource Recovery Facilities. The operator of a privately owned or operated resource
recovery facility shall pay a tax in accordance with 310 CMR 19.050(5) and M.G.L. c. 16, § 24A
to the municipality in which the facility is located. This tax shall be in lieu of all taxes, fees,
charges or assessments imposed by the municipality in which the facility is located, except for
real estate taxes imposed solely upon the land on which the facility is located. For purposes of
310 CMR 19.050, "resource recovery facility" means a facility utilizing processes for reclaiming
the material or energy value from solid wastes.

(3) Landfills. The owner or operator of a landfill, where that person is other than a town or
agency of the commonwealth, shall pay a tax in accordance with 310 CMR 19.050(5) and
M.G.L. c. 16, § 24A to the municipality in which the facility is located. This tax shall be in lieu
of all taxes, fees, charges or assessments imposed by the municipality in which the facility is
located, except for real estate taxes imposed solely upon the land on which the facility is located.
Where the owner and operator are both private and separate entities the operator shall pay said
tax.

(4) Exceptions. The owners or operators of the following facilities are not subject to the
provisions of 310 CMR 19.050:
(a) landfills used by the owner for the sole disposal of solid waste generated from the
owner's premises; and
(b) the combustion facility located in Saugus pursuant to St. 1985, c. 84 for which there is
a pre-existing agreement.

(5) Amount of the Tax.

(a) Base Rate. The tax rate shall be $1.00 per ton of solid waste processed. For the
purposes of 310 CMR 19.050 the term "processed" means the acceptance or handling of solid
waste or other discarded materials subject to 310 CMR 19.000 at a combustion facility or
landfill.
(b) Annual Inflation Adjustment. The tax rate shall be adjusted each January 1st by the
percentage change of the Boston Consumer Price Index for all urban consumers (BCPI) for
the previous 12 months computed using the September to September figures for the BCPI.
The first adjustment shall be made on January 1, 1981 and further adjustments shall be made
every succeeding January 1.

(6) Reporting and Payment.

(a) General. All persons subject to the requirements of 310 CMR 19.050 shall file a
tonnage report on a form as may be supplied by the Department on or before the 20th of each
month.
(b) Content. The tonnage report shall indicate the total tons of solid waste processed at the
facility in the preceding calendar month and the amount of tax owed.
(c) Filing. The tonnage report shall be signed and certified in accordance with 310 CMR
19.011 and submitted to the board of health in the municipality in which the facility is
located.
(d) Payment. The payment of any tax owed pursuant to the requirements of 310 CMR
19.050 is due on the due date of the tonnage report.

19.051: Financial Assurance Requirements

(1) Applicability. The provisions of 310 CMR 19.051 apply to:

(a) landfills; and
(b) other facilities which the Department determines on a facility specific base should
provide such financial assurance.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

(2) Financial Responsibility for Closure, Post-Closure and Corrective Action.

(a) The owner or operator of a facility identified in 310 CMR 19.051(1) shall establish or
obtain, and continuously maintain, financial assurance that is adequate to assure the
Department that the owner or operator is at all times financially capable of complying with
the provisions of 310 CMR 19.00 governing the closure of the facility and its post-closure
maintenance. An owner or operator of a facility shall meet this financial assurance
obligation by using any of the methods authorized in 310 CMR 19.051 (an approved
financial assurance mechanism) and shall file with the Department and maintain in current
form approved documents constituting or evidencing compliance with this obligation.
Where the Department establishes a form for a financial assurance instrument the
instruments submitted must be identical to the approved form. Where the Department does
not establish a form the applicant shall submit a draft of the proposed financial assurance
mechanism for Department approval.
(b) An approved financial assurance mechanism shall be in full effect on or before the date
that an owner or operator of a facility receives an authorization to operate under 310 CMR
19.042 and shall remain in full force and effect until the owner or operator obtains a release
from this obligation pursuant to the provisions of 310 CMR 19.051(11). The Department
shall not issue or renew an authorization to operate unless an owner or operator first
complies with the provisions of 310 CMR 19051 and may, pursuant to 310 CMR 19.081,
revoke an approval, permit or authorization previously issued or take other appropriate
enforcement should an owner or operator fail to remain in compliance with the provisions
of 310 CMR 19.051.
(c) The initial and revised amounts of an approved financial assurance mechanism shall be
no less than the estimate of the cost of closure and post-closure maintenance of the facility
submitted to and approved by the Department according to the provisions of 310 CMR
19.051(5). No financial assurance mechanism shall be terminated by an owner or operator
without the approval of the Department.
(d) An approved financial assurance mechanism shall be structured so that the Department
shall be a party to said mechanism to the extent that it shall have the right to obtain, without
the consent of the owner or operator, exclusive direction and control over the transfer, use
and disbursement of the secured funds or performance benefits to perform approved closure
and post-closure maintenance or secure reimbursement for costs incurred for so performing
upon its determination that an owner or operator has failed in whole or in part to carry out
closure or post-closure requirements in accordance with 310 CMR 19.000 or any plan or
permit conditions or orders issued hereunder.
(e) Effective April 9, 1994, the Department may order the owner or operator of a municipal
solid waste landfill required to perform corrective action under 310 CMR 19.151 to establish
or obtain, no later than 120 days after the corrective action remedy has been selected, and
continuously maintain financial assurance which is adequate to assure the Department that
the owner or operator is at all times capable of complying with the provisions of 310 CMR
19.000 governing the performance of corrective actions. Except as may be expressly
provided herein or in an order of the Department, the provisions of 310 CMR 19.000
governing the estimation, establishment, revision, release and approved mechanisms of
closure and post closure financial assurance shall also apply to corrective action financial
assurance.

(3) Transfer of Permit, Authorization, or Other Interest. No person may transfer or obtain by
any form of transfer any permit, authorization, or interest in the ownership, possession, or
operation of a facility without first complying with the applicable provisions of 310 CMR
19.051.

(4) Demonstration of Compliance with Financial Assurance Requirements.

(a) Existing Landfills. An owner or operator of an existing landfill shall:
1. as a condition of continued operation under a prior plan approval or approval of an
application for a permit, modification or authorization to operate provide to the
Department documents constituting or evidencing an approved financial assurance
mechanism adequate to defray the cost of closure of any portion of the facility which has
received waste but has not been closed in accordance with an approved plan as well as
the post-closure maintenance of any such area and the closure and post-closure
maintenance costs of the area currently approved to accept waste; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

2. as a pre-condition to obtaining subsequent authorization to operate or expansion

modifications provide the Department with documents constituting or evidencing an
approved financial assurance mechanism adequate to defray the cost of the closure and
post-closure maintenance of each subsequent operating phase.
3. The Department may allow an existing facility owner or operator a conditional grace
period to meet the financial assurance requirements described in 310 CMR
19.051(4)(a)1. for inactive areas of the facility provided the owner or operator
demonstrates that during the time the applicant owned or operated the facility a closure
performance bond or another approved financial assurance mechanism in accordance
with 310 CMR 19.25(4): Completion of Landfill (1971 Landfill Regulations) was
maintained, and that an approved closure and post-closure trust fund or Enterprise fund
is established and is fully funded over a pay-in period which is not greater than the
approved life of the current operating phase of the facility minus one year or the life of
the facility minus one year if it does not operate in phases. For the purpose of 310 CMR
19.051 an inactive area is an area on which waste has been disposed, which has not
closed in accordance with Department approved plans and which has not been approved
for further waste disposal.
4. A private owner or operator of an existing landfill, shall make the submission
described in 310 CMR 19.051(4)(a) upon the earlier of filing an application for a solid
waste management facility permit in accordance with the schedule set forth at 310 CMR
19.020(3), an application to operate or an application for a permit or modification to
expand facility capacity.
5. A public owner or operator of an existing landfill shall make the submissions
described in 310 CMR 19.051(4)(a) upon written notice or order from the Department.
6. In lieu of submitting all or part of the financial assurance mechanism the owner or
operator may, no later than the dates set forth at 310 CMR 19.051(4)(a)4. or 5. submit
plans for final closure of the inactive portions of the facility and complete closure of said
areas in accordance with approved plans on an expedited schedule to be determined by
the Department.
(b) New Landfills. An applicant for a permit to construct and operate a landfill shall:
1. in addition to the submission required by 310 CMR 19.030, provide to the
Department documents constituting or evidencing an approved financial assurance
mechanism adequate to defray the cost of closure and post-closure maintenance of the
first operating phase of the proposed landfill and, if additional costs are involved, of the
entire facility; and
2. as a pre-condition to obtaining an authorization to operate under 310 CMR 19.042
for each subsequent phase, provide to the Department documents constituting or
evidencing an approved financial assurance mechanism adequate to defray the cost of
closure and post-closure maintenance of each subsequent operating phase of the proposed
landfill and, if additional costs are involved, of the entire facility.
(c) Other Solid Waste Management Facilities. A person seeking authorization to operate
a solid waste management facility other than a landfill shall, where required by the
Department and as a pre-condition to obtaining an authorization to operate under 310 CMR
19.042, provide to the Department documents constituting or evidencing approved financial
assurance mechanisms adequate to defray the cost of closure and post-closure maintenance
of the facility.

(5) Estimation of Costs for Closure and Post-Closure Maintenance.

(a) An owner or operator of a proposed solid waste management facility required to provide
an approved financial assurance mechanism shall prepare and submit to the Department, as
a part of the permit application required under 310 CMR 19.030 a written estimate,
unadjusted for time, inflation, return on invested funds, or other purely financial factors, of
the cost of a third party closing and performing post-closure maintenance of the facility. This
estimate shall be based upon the closure and post-closure plans for the facility required under
310 CMR 19.000 and equal the cost of closing the facility and providing post-closure
maintenance at that point in the facility's active life when the manner and extent of its
operations would make closure and post-closure most expensive.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

(b) An owner or operator of an existing facility required to provide an approved financial

assurance mechanism shall prepare and submit to the Department, as a part of the permit
application required under 310 CMR 19.030(4), an application to operate or application for
a modification to expand capacity, a written estimate, unadjusted for time, inflation, return
on invested funds, or other purely financial factors, of the cost of closing and providing
post-closure maintenance of those portions of the facility in which waste has been disposed
and not closed in accordance with an approved plan, the area in which it is currently
authorized to operate and, if appropriate, the proposed expansion area. This estimate shall
be based upon the closure and post-closure plans for the facility required under 310 CMR
19.000 and equal the cost of closing the facility and providing post-closure maintenance at
that point in the facility's active life when the manner and extent of its operations would
make closure and post-closure most expensive.
(c) A written estimate which conforms to the requirements set forth in 310 CMR
19.051(5)(a) or (b) shall be submitted with each application for authorization to operate in
a subsequent operating phase or application for an expansion of capacity.
(d) Where a facility is operated or is to be operated in phases an owner or operator may
allocate proportions of the estimate of the cost of closure and post-closure maintenance to
each such phase for the purpose of complying with the requirements of 310 CMR
19.051(4)(a) or (b). Such an allocation may not result in the under-estimation of the cost of
closure and post-closure of any such phase or of the entire facility at that point in the facility's
active life when the manner and extent of its operations would make closure and post-closure
maintenance most expensive. Where the facility is to be developed in phases the estimate
shall include in the estimate the cost of integrating the closed phases into prospective phases.
(e) The Department shall review the estimate submitted and notify the applicant if it
determines the estimate to be adequate. The Department may determine upon review of an
estimate that its amount is inadequate to defray either or both the cost of closure or
post-closure maintenance of the facility. Upon such a determination, the Department may
require the applicant to submit a revised estimate or it may adjust the estimate and use the
adjusted estimated cost rather than the estimated cost to establish the minimum amount of
the financial assurance mechanism. If the Department determines to adjust the estimate and
it increases the amount of the estimate by 10% or more, the provisions of 310 CMR
19.051(7) apply to the estimate as if it were a revised estimate determined pursuant to the
provisions of that sub-section.
(f) An owner or operator of a facility may propose that the estimate of the cost of closing
the facility or of providing post-closure maintenance prepared and submitted to the
Department in accordance with the provisions of 310 CMR 19.051(5)(a), (b) or (c) be
adjusted by the consideration or application of such financial factors as may reasonably affect
the determination of the amount of money required to assure the Department that the owner
or operator is at all times financially capable of complying with the provisions of 310 CMR
19.000 governing the closure of the facility and its post-closure maintenance. If the
Department determines to adjust the estimated cost, the adjusted estimated cost, rather than
the estimated cost shall be the minimum amount of the financial assurance mechanism.
(g) All submitted estimates shall be certified by a Massachusetts registered professional
engineer except as otherwise approved by the Department.

(6) Revision of Estimates of Closure and Post-Closure Costs.

(a) An owner or operator of a facility shall revise the estimate of the cost of closure and
post-closure maintenance submitted to the Department pursuant to 310 CMR 19.051(5) every
year and every second year shall submit the revised estimate in written form, accompanied
by a detailed explanation of its method of calculation, to the Department on or before June
1 of the year to which the revised estimate relates.
(b) Unless otherwise approved by the Department, a revision of the estimate of the cost of
closure and post-closure maintenance of a facility shall be computed using the following
formula:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

Revised Present Estimate of Cost: Cp = Co x Ip/Io + CoC where:

Cp = (present) revised cost estimate

Co = (original) cost estimate as filed pursuant to 310 CMR 19.051(5)
Ip = (present) index value
Io = (original) index value at time of filing pursuant to 310 CMR 19.051(5) and where
the index is the so-called "Construction Cost Index" published in the periodical
Engineering News Record.
CoC = Change in compliance costs as a result of changes in site conditions, changes in law,
regulations, permit conditions, judicial or administrative orders or other significant
changes.

(c) An owner or operator of a facility shall, in addition to submitting to the Department the
adjustment pursuant to 310 CMR 19.051(6)(a), revise the estimate of the cost of closure and
post-closure maintenance of a facility and submit such revised estimate to the Department
within 30 days of the date that the Department approves a modification of the facility permit
pursuant to 310 CMR 19.039 or 310 CMR 19.040 which would affect said closure or
maintenance costs.
(d) An owner or operator of a facility shall maintain records of the calculation and
determination of the original and all revisions of the estimate of the cost of closure and
post-closure maintenance of a solid waste management facility until such time as the owner
or operator obtains a release from the obligation imposed by 310 CMR 19.051(2).

(7) Increase in the Amount of Financial Assurance.

(a) An owner or operator of a facility shall, upon determining a revised estimate of the cost
of closure or post-closure maintenance of the facility exceeds by 10% the amount of the
applicable approved financial assurance mechanism, promptly notify the Department of the
determination and either:
1. increase the amount of the applicable financial assurance mechanism to an amount
equal to the full amount of the revised estimate of the cost of closure or post-closure
maintenance of the facility; or
2. secure and maintain in compliance with the requirements of 310 CMR 19.051 an
additional approved financial assurance mechanism in an amount equal to the difference
between the amount of the existing applicable approved financial assurance mechanism
and the full amount of the revised estimate of the cost of closure or post-closure
maintenance of the facility.
An owner or operator of a facility shall file with the Department and maintain in current
form those documents constituting or evidencing compliance with this requirement within
60 days of determining a revised estimate of the cost of closure or post-closure maintenance
of the facility that exceeds by 10% the amount of the applicable approved financial assurance
mechanism. In the event that the revised estimate is a biennial estimate determined pursuant
to the provisions of 310 CMR 19.051(6), an owner or operator shall make such filing no later
than June 1 of the year to which the revised estimate applies.
(b) The Department may review the estimate submitted and notify the applicant if it
determines the estimate to be adequate. The Department may determine upon review of an
estimate that its amount is inadequate to defray either or both the cost of closure or
post-closure maintenance of the facility. Upon such a determination, the Department may
require the applicant to submit a revised estimate or it may adjust the estimate and use the
adjusted estimated cost rather than the estimated cost to establish the minimum amount of
the financial assurance mechanism.

(8) Decrease in the Amount of Financial Assurance. An owner or operator of a solid waste
management facility may, upon determining a revised estimate of the cost of closure or
post-closure maintenance of the facility, decrease the amount of the applicable financial
assurance mechanism to an amount equal to the full amount of the revised estimate of the cost
of closure or post-closure maintenance of the facility, having first requested and received the
written approval of the Department. The Department shall approve the decrease upon its
determination that the proposed decreased amount of the financial assurance mechanisms equals
or exceeds the necessary cost of closure or post-closure maintenance.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

(9) Procedure Governing the Use of Assured Funds.

(a) The Department shall notify the owner, operator and persons who are parties to the
financial assurance mechanism whenever the Department has determined that the owner or
operator is not in compliance due to a failure to close or conduct post-closure maintenance
in accordance with the applicable regulations, permits or orders. No less than 21 days after
such notification the Department may exercise its rights under the financial assurance
mechanism to secure control over and direct the transfer, use and disbursement of the
security for the purpose of effecting closure and post-closure maintenance including but not
limited to:
1. directing the holder of the financial assurance mechanism to perform actions intended
to bring the facility into compliance; and
2. directing the holder of the financial assurance mechanism to reimburse the
Department for actions it or its agents has performed to bring the facility into
compliance.
(b) After beginning final closure, an owner or operator or any other person authorized by
the Department to perform closure may request reimbursement for closure expenditures by
submitting itemized bills or other adequate proof of the performance of the work in
accordance with the approved closure or post-closure plans. After making a determination
that the work has been performed in compliance with the plan(s) the Department may direct
the holder of the funds under the financial assurance mechanism to reimburse the party
performing the work or release a proportionate amount of the secured funds. The
Department may withhold reimbursement or release of such amounts it deems prudent until
it determines, in accordance with 310 CMR 19.051(11) that the owner or operator is not
required to maintain financial assurance for closure or post-closure.

(10) Cancellation or Termination of an Approved Financial Assurance Mechanism. An owner

or operator of a facility may apply to the Department for reduction, cancellation or termination
of an outstanding financial assurance mechanism established pursuant to 310 CMR 19.051(2).
The application shall detail one of the following reasons in support of the application: the
substitution of an alternative assurance mechanism, transfer of an interest in the facility in
accordance with 310 CMR 19.044, an approved decrease in the amount of required financial
assurance in accordance with 310 CMR 19.051(8), activities which have taken place under 310
CMR 19.051(9)(b) or the Department's termination of the financial assurance obligation by
granting a release to the owner or operator pursuant to the provisions of 310 CMR 19.051(11).

(11) Release from Financial Assurance Requirements.

(a) Closure. The owner or operator of a facility shall be released in whole or in part from
the requirement to provide financial assurance for closure upon receiving written notification
from the Department that closure has been completed in accordance with the closure plan
and permit conditions and in compliance with 310 CMR 19.000. An owner or operator of
a facility may subsequently submit to the Department such documents as may be necessary
to cancel or terminate the approved financial assurance mechanism that the owner or operator
is no longer obligated to maintain.
(b) Post-Closure. The owner or operator of a facility shall be released in whole or in part
from the obligation to provide and maintain a financial assurance mechanism for post-closure
maintenance of the facility upon receiving written notification from the Department that the
post-closure period has expired and that post-closure maintenance of the facility has been
completed in compliance with 310 CMR 19.000. An owner or operator of a facility may
subsequently submit to the Department such documents as may be necessary to cancel or
terminate a financial assurance mechanism that the owner or operator is no longer obligated
to maintain.

(12) Approved Financial Assurance Mechanisms. The owner or operator of a facility may meet
the obligation to maintain financial assurance that is adequate to assure the Department that the
owner or operator is at all times financially capable of complying with the provisions of 310
CMR 19.000 governing the closure of the facility and its post-closure maintenance through the
use of one or more of the approved financial assurance mechanisms specified in 310 CMR
19.051(12).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

(a) Closure, Post-Closure or Corrective Action Trust Fund.

1. An owner or operator may satisfy the requirements of 310 CMR 19.051(2) by
establishing a closure or post-closure trust fund that conforms to 310 CMR 19.051(12)(a)
and by sending an originally signed duplicate of the trust agreement to the Department
within the applicable time period set forth at 310 CMR 19.051(4).
2. The trustee shall be a bank or other financial institution that has the authority to act
as a trustee and whose trust operations are regulated and examined by the Massachusetts
Commissioner of Banking.
3. The schedule of assets in the trust agreement shall be updated within 60 days after
a change in the amount of the current closure or post-closure maintenance estimate which
is the subject of the trust agreement.
4. Payments into the trust fund shall be made as follows:
a. The first payment shall be made prior to obtaining an authorization to operate as
set forth in 310 CMR 19.042. The owner or operator shall submit a receipt from the
trustee for this payment to the Department as evidence of payment.
b. The private owner or operator of a facility shall make a first payment in an
amount equal to the approved closure and post-closure estimate for the facility
submitted pursuant to 310 CMR 19.051(5). Payments to the trust as a condition of
approval of subsequent permits or authorizations to operate shall be made in
amount(s) equal to the approved closure and post-closure maintenance estimates
submitted pursuant to 310 CMR 19.051(5).
c. A municipal owner of a facility shall make a first payment which shall at least be
equal to either the total current closure and post-closure maintenance cost or the
current closure or post-closure maintenance cost estimate, divided by the number of
years in the pay-in period. The pay-in period may not be greater than the authorized
operating life of the current phase minus one year. Payments to the trust as a
condition to approval of subsequent authorizations to operate shall be made in
amount(s) equal to the approved closure and post-closure maintenance estimates
submitted pursuant to 310 CMR 19.051(5).
d. Subsequent payments by a municipal owner shall be made no later than 30 days
after each anniversary date of the first payment. The amount of each subsequent
payment is calculated by the formula:

Next Payment = CE - CV
Y
where:

CE = current closure or post-closure cost estimate

CV = current value of the trust fund
Y = number of years remaining in the pay-in period.

5. For an owner or operator making payments into a trust fund used to demonstrate
financial assurance for corrective action, the first payment into the trust fund shall be at
least equal to one half of the current cost estimate for corrective action, divided by the
number of years in the corrective action program in case of corrective action for known
releases. This latter period of time is known as the pay-in-period. The amount of
subsequent payments shall be determined by the following formula:

Next payment = (RB-CV) / Y

where RB is the most recent estimate of the required trust fund balance for corrective
action [i.e. total costs that will be incurred during the second half of the corrective action
period], CV is the current value of the trust fund, and Y is number of years remaining on
the pay-in-period.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

6. Notwithstanding the provisions of 310 CMR 19.051(2)(d), a trust fund for a facility
owned by a municipality shall be an approved financial assurance mechanism without
providing to the Department the right to obtain exclusive direction and control over the
trust fund assets provided that the documents establishing the trust require that the funds
paid into the trust cannot be withdrawn, transferred, encumbered or disbursed for any
purpose other than to meet Department approved closure and post-closure obligations
without the prior written consent of the Department.
7. If the owner or operator establishes a trust fund after having used one or more
alternate mechanisms specified in 310 CMR 19.051(12) the owner's or operator's first
payment must equal the amount that the trust fund would contain if the trust fund had
been established initially and payments made in compliance with 310 CMR
19.051(12)(a).
(b) Enterprise Fund
1. A municipal owner may satisfy the requirements of 310 CMR 19.051(2) by
establishing a separate account which qualifies as an "Enterprise Fund" pursuant to
M.G.L. c. 44, § 53F½ for the purpose of reserving funds to meet its obligation to conduct
approved closure and post-closure maintenance and by sending an originally signed
duplicate of the documents establishing the fund to the Department within the applicable
time period set forth at 310 CMR 19.051(4).
2. Payments shall be made into the reserve fund in accordance with procedure set forth
at 310 CMR 19.051(12)(a)4.c. and d.
3. Notwithstanding the provisions of 310 CMR 19.051(2)(d), an Enterprise Fund
Account shall be an approved financial assurance mechanism without providing to the
Department the right to obtain exclusive control over the Fund provided that the
documents establishing the account require that the funds paid into the closure reserve
account cannot be withdrawn, transferred, encumbered or disbursed for any purpose other
than to meet Department approved closure and post-closure obligations without the prior
written consent of the Department.
(c) Surety Bond Guaranteeing Payment.
1. An owner or operator may satisfy the requirements of 310 CMR 19.051(2) by
obtaining and filing a surety bond that conforms to 310 CMR 19.051(12)(c) and by
sending an originally signed duplicate of the bond to the Department within the
applicable time period set forth at 310 CMR 19.051(4).
2. The surety company issuing the bond shall, at a minimum, be among those listed as
acceptable sureties on Federal bonds in Circular 570 of the United States Department of
the Treasury, or licensed, approved or authorized by the Massachusetts Division of
Insurance to secure such risks.
3. An owner or operator who uses a surety bond to satisfy the requirements of 310 CMR
19.051 shall also establish a standby trust fund. Under the terms of the surety bond, all
payments made thereunder are deposited by the surety directly into the standby trust fund
in accordance with instructions from the Department. This standby trust fund shall meet
the requirements in 310 CMR 19.051(12)(a), except that:
a. an originally signed duplicate of the trust agreement must be submitted to the
Department with the surety bond; and
b. until the standby trust fund is funded pursuant to the requirements of 310 CMR
19.051, the following are not required:
i. payment into the trust fund as specified in 310 CMR 19.051(12)(a);
ii. annual valuations as required by the trust agreement; and
iii. notices of nonpayment as may be required by the trust agreement.
4. The surety bond shall provide the owner or operator shall be in default if the
responsible party:
a. fails to fund the standby trust fund in an amount equal to the penal sum of the
bond before the beginning of closure of the applicable phase; or
b. fails to fund the standby trust fund in an amount equal to the penal sum within
21 days after the Department or a court of competent jurisdiction issues an order to
begin closure; or
c. fails to provide an alternate financial assurance mechanism as specified in 310
CMR 19.051(12), and obtain the Department's written approval of the financial
assurance mechanism provided, within 90 days after receipt by the owner or operator
of a notice of cancellation of the surety bond from the surety.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

5. Under the terms of the bond, the surety shall become liable on the bond obligation
when the owner or operator is in default as defined by the bond.
6. The penal sum of the bond shall equal the current approved closure and post-closure
cost estimate.
7. Under the terms of the bond, the surety may cancel the bond by sending written
notice of cancellation by certified mail to the owner or operator and to the Department.
Cancellation may not take effect, however, until at least 120 days after the date of receipt
of the notice of cancellation by both the owner or operator and the Department, as shown
by the later return receipt.
(d) Surety Bond Guaranteeing Performance.
1. An owner or operator may satisfy the requirements of 310 CMR 19.051(2) by
obtaining and filing a surety bond that conforms to 310 CMR 19.051(12)(d) and by
sending an originally signed duplicate of the bond to the Department within the
applicable time period set forth at 310 CMR 19.051(4).
2. The surety company issuing the bond shall, at a minimum, be among those listed as
acceptable sureties on Federal bonds in Circular 570 of the United States Department of
the Treasury, or licensed, approved or authorized by the Massachusetts Division of
Insurance to secure such risks.
3. The Department may require a surety to establish a standby trust under the terms and
conditions set forth at 310 CMR 19.051(12)(c)3.
4. The surety bond shall provide the owner or operator shall be in default if the
responsible party:
a. fails to perform closure in accordance with the closure/post-closure plan and other
requirements of the permit for the facility whenever required to do so, and perform
post-closure maintenance in accordance with the closure/post-closure plan and other
requirements of the permit for the facility; or
b. fails to provide an alternate financial assurance mechanism pursuant to 310 CMR
19.051(12), and obtain the Department's written approval of the financial assurance
mechanism provided, within 90 days after receipt by the owner or operator of a notice
of cancellation of the surety bond from the surety.
5. Under the terms of the bond, the surety shall become liable on the bond obligation
when the owner or operator is in default as defined by the bond. When the owner or
operator does not perform closure or post-closure maintenance in accordance with
approved closure/post-closure plans or applicable permit conditions, the surety shall
become liable on the bond obligation to perform closure and post-closure maintenance
as guaranteed by the bond and deposit the amount of the penal sum of the bond into the
standby trust if one is required to be established.
6. The penal sum of the bond must equal the current closure and post-closure
maintenance cost estimates.
7. Under the terms of the bond, the surety may cancel the bond by sending written
notice of cancellation by certified mail to the owner or operator and to the Department.
Cancellation may not take effect, however, until at least 120 days after the date of receipt
of the notice of cancellation by both the owner or operator and the Department, as shown
by later return receipt.
8. The surety need not be liable for deficiencies in the performance of closure by the
owner or operator for which the Department has released the owner or operator from the
requirements of closure and post-closure maintenance,or portions thereof, pursuant to
310 CMR 19.051(11).
(e) Closure and Post-Closure Insurance.
1. An owner or operator may satisfy the requirements of 310 CMR 19.051 by obtaining
closure insurance that conforms to the requirements of 310 CMR 19.051(12)(e) and by
submitting a certificate of such insurance to the Department within the applicable time
period set forth at 310 CMR 19.051(4). The Department may require submission of a
duplicate of the complete insurance policy.
2. At minimum, the insurer shall be licensed to transact the business of insurance or
authorized or approved to provide insurance as an excess or surplus lines insurer in the
Commonwealth of Massachusetts.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

3. The insurance policy shall be issued for a face amount at least equal to the current
approved closure and post-closure cost estimate. The term "face amount" means the total
amount the insurer is obligated to pay pursuant to the policy. Actual payments by the
insurer shall not change the face amount, although the insurer's future liability may be
lowered by the amount of such payments.
4. The insurance policy shall guarantee that funds in an amount equal to the face amount
of the insurance policy shall be available to close a phase or facility whenever final
closure of a phase or facility occurs and to conduct post-closure maintenance. The policy
shall also guarantee that once final closure or post-closure maintenance begins, the
insurer shall be responsible for paying out funds up to an amount equal to the face
amount of the insurance policy, upon the direction of the Department, to such persons
as the Department may specify in writing.
5. The insurance policy shall provide that the insurer may not cancel, terminate, or fail
to renew the closure or post-closure maintenance insurance policy except for the insured's
failure to pay the premium or the insurer's refusal to write solid waste management
facility closure or post-closure maintenance insurance coverage in Massachusetts. The
automatic renewal of the policy shall, at a minimum, provide the insured with the option
of renewal at the face amount of the expiring closure insurance policy except in the event
of a refusal to write such coverage. If there is a failure to pay the premium or a refusal
to write such coverage, the insurer may elect to cancel, terminate, or fail to renew the
closure or post-closure maintenance insurance policy by sending notice by certified mail
to the owner or operator to the Department. No cancellation shall occur until at least 120
days after the date of receipt of the notice of cancellation by both the owner or operator
and the Department, as shown by later return receipt. No cancellation, termination, or
failure to renew may occur, and the closure insurance policy shall remain in full force
and effect, in the event that on or before the date of expiration:
a. the Department deems the facility abandoned;
b. the permit is suspended or revoked and application for a new permit or
authorization is denied;
c. closure is ordered by the Department or a court of competent jurisdiction; or
d. the owner or operator is named a debtor in a voluntary or involuntary bankruptcy
proceeding; or
e. the premium due is paid prior to the effective date of cancellation if the
cancellation was based on failure to pay the premium; or
f. the insurer continues to write solid waste management facility closure or
post-closure maintenance coverage in Massachusetts if the cancellation was based
on refusal to write said coverage.
6. Each policy shall contain a provision allowing assignment of the policy to a successor
owner or operator. Such assignment may be conditional upon consent of the insurer,
provided that such consent shall not be unreasonably withheld.
7. For insurance policies providing coverage for post-closure care, commencing on the
date that liability to make payments pursuant to the policy accrues, the insurer will
thereafter annually increase the face amount of the policy. Such increase shall be
equivalent to the face amount of the policy, less any payments made, multiplied by an
amount equivalent to 85% of the most recent investment rate of the equivalent
coupon-issue yield announced by the U.S. Treasury for 26 week Treasury certificates.
(f) Closure and post-closure letter of credit.
1. An owner or operator may satisfy the requirement of 310 CMR 19.051(2) by
obtaining an irrevocable standby letter of credit that conforms to the requirements of 310
CMR 19.051(12)(f) and by submitting an executed copy of the letter of credit to the
Department within the applicable time period set forth at 310 CMR 19.051(4). The
institution issuing the letter of credit shall be an entity which has the authority to issue
letter of credit and whose letter-of-credit operations are regulated and examined by the
Massachusetts Commissioner of Banking or other institution approved by the
Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.051: continued

2. An owner or operator who uses a letter of credit shall also establish a standby trust
fund. Under the terms of the letter of credit, all payments made thereunder shall be
deposited by the issuing institution directly in the standby trust fund in accordance with
instruction from the Department. The standby trust shall meet the requirements of 310
CMR 19.051(12)(a) except that:
a. an originally signed duplicate of the trust agreement shall be submitted to the
Department with the letter of credit; and
b. until the standby trust is funded pursuant to the requirements of 310 CMR 19.051
the following are not required:
i. payment into the trust fund as specified in 310 CMR 19.051(12)(a);
ii. annual valuations as required by the trust agreement; and
iii. notices of nonpayment as may be required by the trust agreement.
3. The letter of credit shall be accompanied by a letter from the owner or operator which
shall state:
a. the letter of credit number;
b. the name of the issuing institution;
c. the date of issuance of the letter of credit;
d. the name and address of the facility; and
e. the amount of funds assured by the letter of credit for closure of the facility.
4. The letter of credit shall be irrevocable and shall be issued for a period at least equal
to the sum of one year plus:
a. the estimated period of time required to complete closure of any unclosed inactive
areas and the current operating phase; or
b. the term of the permit if the facility is not operated in approved phases.
The letter of credit shall provide that the expiration will be automatically extended
for a period of at least one year unless, not later than 120 days before the current
expiration date pursuant to the terms of the letter of credit, the issuing institution notifies
both the owner or operator and the Department by certified mail of the decision not to
extend the expiration date. Under the terms of the letter of credit, the 120 days shall not
begin before the date when both the owner and operator and the Department have
received notice, as shown by the later return receipt.
5. The letter of credit shall be issued in an amount at least equal to the current closure
and post-closure cost estimate except as provided in 310 CMR 19.051(8).

(13) Use of Multiple Financial Assurance Mechanisms. An owner or operator may with
Department approval satisfy the requirements of 310 CMR 19.051, by establishing more than
one financial assurance mechanism per Massachusetts facility. These financial assurance
mechanisms shall be limited to the mechanisms set forth at 310 CMR 19.051(12). These
mechanisms shall be in compliance with 310 CMR 19.051(12) except that the combination of
mechanisms, rather than each mechanism, which provide for an amount equal to the required
financial assurance. If an owner or operator uses a trust fund in combination with any other
financial assurance mechanism, it shall use the trust fund for those financial assurance
mechanisms for which the establishment of a trust fund is required. A single standby trust fund
may be used for two or more mechanisms. The Department may use any or all of the
mechanisms to provide for closure of the facility.

(14) Use of a Financial Assurance Mechanism for Multiple Facilities.

(a) An owner or operator may use a financial assurance mechanism specified in 310 CMR
19.051 to meet the requirements of said section for more than one Massachusetts facility.
(b) The amount of funds available through the financial assurance mechanism shall be no
less than the sum of funds that would be available if a separate mechanism has been
established and maintained for each facility. In directing funds available through the financial
assurance mechanism for closure or post-closure maintenance of any facility covered by the
mechanism, the Department may direct only the amount of funds designated for that facility,
unless the owner or operator agrees to the use of additional funds available under the
mechanism.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: Beneficial Use of Solid Waste

(1) Summary. 310 CMR 19.060 establishes the Department’s rules for the beneficial use of
solid waste and classification of a solid waste as a secondary material. Included in this
subsection are general standards and permit procedures for beneficial use activities. In order to
identify specific standards and permit procedures, proposed uses of secondary materials are
divided into four categories:
(a) Category 1 - Commercial Products;
(b) Category 2 - Regulated Systems;
(c) Category 3 - Restricted Applications; and,
(d) Category 4 - Unrestricted Applications.

(2) Burden of Proof.

(a) The applicant must demonstrate to the Department’s satisfaction that the proposed
secondary materials and uses are beneficial and pose an insignificant potential hazard to
public health, safety or the environment.
(b) The Department may grant a beneficial use determination, and may allow a beneficial
use determination to remain in effect, only to the extent, and only while, the Department is
satisfied that such secondary materials and uses are beneficial and pose an insignificant
potential hazard to public health, safety or the environment.

(3) Determination of Applicability.

(a) Any person who desires a determination whether 310 CMR 19.060 applies to a facility
or operation that proposes to store, process or use a secondary material may submit to the
Department a request for a determination of applicability. The applicant shall provide the
following forms and information to the Department:
1. Submit a Request for Determination of Applicability to the Department using the
appropriate forms provided by the Department.
2. Provide a detailed description of the facility that proposes to store, process, or
otherwise handle the secondary material. In the case of a manufacturing facility, a
general description of the facility’s manufacturing system shall be submitted, including
process flow diagrams. The complexity and degree of detail of the description will vary
depending on the magnitude and complexity of the process.
3. Describe the feedstock or product the proposed secondary material is replacing.
4. Provide a detailed description of similar products currently and historically produced
by the facility.
5. Provide a characterization of the proposed secondary material. The scope of the
characteriza-tion shall be sufficient for the Department to adequately determine adverse
impacts and risks to public health, safety and the environment, including, but not limited
to, nuisance conditions. This shall include:
a. A physical characterization of the proposed secondary material including, but not
limited to, matrix and gradation, where applicable.
b. Chemical characterization of the proposed secondary material including the
results of analytical testing for those hazardous materials that reasonably may be
thought to be present.
6. Describe any previous licenses, permits, authorizations, or other approvals for
recycling or beneficial use of the proposed secondary material.
(b) The Department shall issue a determination of applicability within 45 days of the receipt
of the request.

(4) Processing of Secondary Materials. When the processing of a proposed secondary material
is necessary for its beneficial use the Department shall determine the type and amount of
processing allowable which does not constitute a solid waste processing activity. If the
Department determines that processing of the secondary material constitutes a solid waste
processing activity then the processing shall be subject to the provisions of 310 CMR 16.00 and
19.000.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: continued

(5) General Application Requirements. A copy of the beneficial use permit application shall
be filed with the Department. In addition, a copy shall be filed with the board of health of
jurisdiction when the proposed use is limited to a specific ___location. The application shall be filed
on a form supplied by the Department and contain the following information as determined or
modified at the pre-application meeting where a pre-application meeting has been held. Items
in 310 CMR 19.060(4)(a) through (i) must be included as part of the pre-application package.
The final permit application package must include the data as required in 310 CMR 19.060(4)(j):
(a) A description of the proposed secondary material and its proposed use;
(b) A description of how the proposed utilization will result in a viable and beneficial
substitution for a commercial product or commodity;
(c) A detailed physical and chemical characterization plan of both the secondary material
proposed for beneficial use and of the final product including:
1. A detailed list of the chemical constituents found in the product(s) from which the
proposed secondary material is derived;
2. A statistically valid, representative sampling plan consistent with guidance in “Test
Methods for Evaluating Solid Waste: Physical/Chemical Methods,” SW-846, U.S.
Environmental Protection Agency, Office of Solid Waste, Washington, D.C. 20460, and
other applicable guidance as may be stipulated by the Department. The sampling plan
shall include all hazardous materials including Critical Contaminants of Concern (CCCs)
that reasonably may be thought to be present in the proposed secondary material. CCCs
shall be separately listed.
3. A quality assurance and quality control plan, ensuring that appropriate procedures are
followed and documented, using guidance contained in EPA/600/R-02/009, December
2002, Guidance on Quality Assurance Project Plans and other applicable guidance as
may be provided by the Department.
(d) A detailed description of the proposed facility that will store, process, or otherwise
handle the proposed secondary material. In the case of a manufacturing facility, a general
description of the facility’s manufacturing system related to the proposed use of secondary
material shall be submitted, including process flow diagrams. The complexity and degree
of detail of the description will vary depending on the magnitude and complexity of the
process generating the proposed secondary material. Any interim handling facilities or
collection centers not located at the site of processing and not otherwise approved to store
or handle the proposed secondary material pursuant to 310 CMR 16.00 and 19.000 shall be
identified and described pursuant to this section;
(e) Information indicating the annual quantities, by weight and/or volume, of the secondary
material proposed for beneficial use;
(f) A description of any risk management techniques being considered, including any deed
or other use limitations, ___location restrictions, best management practices or engineering
controls;
(g) Identification of the proposed ___location of use, if applicable, or types of locations where
the proposed secondary material will be used (e.g. highway rights-of-way, industrial zoned
properties, etc.);
(h) Identification of storage requirements necessary for maintaining sufficient inventory to
meet market demand;
(i) If hazardous materials, including CCCs, are identified during the pre-application or
application process the project proponent shall prepare and submit a Toxics Reduction Plan
(TRP) that details options to minimize the concentration of hazardous material that could be
released to the environment. The TRP shall document steps that will be taken to implement
economically and technologically feasible options; and,
(j) Submission of all appropriate data derived from the sampling plan required in
accordance with 310 CMR 19.060(4)(c)3. The Applicant must include a statistically valid
analysis of the concentration and distribution of all hazardous materials that may be
contained in the proposed secondary material.

(6) Demonstration Projects. The Department may grant temporary approval for a pilot project
or demonstration project pursuant to 310 CMR 19.062: Demonstration Projects or Facilities.
The application requirements for a pilot project or demonstration project will be determined on
a case-by-case basis by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: continued

(7) Record Keeping. The permittee shall maintain records and shall submit reports to the
Department as required in the permittee’s Beneficial Use Determination permit. Reports shall
summarize beneficial use activities during the past year, including the quantity of secondary
material received or distributed for beneficial use, the sources of the secondary material received,
and the results of any required testing or on-going characterization and any other information
required as a condition of the permit.

(8) Public Participation. The Department shall accept comments from Boards of Health and
other interested parties regarding the application for a period not less than 21 days before issuing
a final determination.

(9) General Beneficial Use Determinations. The Department may issue general beneficial use
determinations, as general permits, that apply to a specific beneficial use of a secondary material,
providing the reuse complies with the Reuse Criteria listed in 310 CMR 19.060(12). Any person
or entity may use the secondary material as identified in the general beneficial use determination
as long as the person or entity adheres to the requirements and conditions contained therein.

(10) Effect of Determinations. A determination of beneficial use means the secondary material
is not classified as a solid waste only when used in accordance with the Department's
determination of beneficial use.

(11) Pre-application.
(a) Applicants for a Beneficial Use Determination may request a pre-application meeting
with the Department, the purpose of which is for the Applicant to describe the proposed
beneficial use activity and obtain guidance on the application process and content from the
Department.
(b) The Applicant shall submit general application information, as described in General
Application Requirements, 310 CMR 19.060(4), to the Department at least ten business days
prior to the pre-application meeting. Information submitted for purposes of pre-application
shall be sufficient to assign the application to the appropriate beneficial use category as
described in section 310 CMR 19.060(12) through (15).

(12) General Standards.

(a) If the applicant intends to use the proposed secondary material as a substitute for a virgin
material in manufacturing, the proposed secondary material shall conform to industry
specifications for the virgin material it is replacing or impart properties that result in the
product meeting applicable industry performance specifications.
(b) If the applicant intends to use the proposed secondary material as a product, it shall meet
or exceed the applicable industry-accepted specifications or performance standards for that
product. Where no industry-accepted specifications or performance standards exist, the
mixing of proposed secondary materials with other materials to produce a product must be
a necessary component of the product.
(c) Any proposed processing and beneficial use shall not cause an adverse impact or
significant risk to public health, safety and the environment, including, but not limited to,
nuisance conditions. All beneficial use applications must demonstrate that the proposed
reuse meets all of the criteria identified in 310 CMR 19.060(13): Reuse Criteria.
(d) The proposed secondary material shall not be handled or utilized in a manner that will
result in the proposed secondary material becoming a solid waste;
(e) The proposed beneficial use shall be successfully completed in compliance with
applicable rules and regulations.

(13) Reuse Criteria.

(a) No significant risk to public health shall be created.
(b) No significant adverse environmental impacts shall be created.
(c) No condition shall be treated that adversely impacts public health, safety, or the
environment.
(d) Reuse may not result in increases in the environmental concentrations of any critical
contaminants of concern (CCCs), including persistent, bioaccumulative toxins (PBT) and
other priority chemical pollutants as may be identified by the Department.
(e) Reuse shall be in compliance with all applicable requirements of the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: continued

(14) Category 1 -- Use of Secondary Materials in Commercial Products.

(a) Applicability. Products manufactured from secondary materials or secondary materials
that are directly used as products are considered commercial products when: the product is
used in a manner that is consistent with industry accepted product specifications or
performance standards; and is controlled and managed throughout its lifecycle in a manner
that effectively limits potential for illegal or inadvertent disposal or releases of hazardous
material to the environment and exposure to people. Products intended for uncontrolled
land-application may not be reviewed in accordance with this category. Adverse impact or
significant risk to public health, safety and the environment, including, but not limited to,
nuisance conditions can be evaluated by demonstrating compliance with the reuse criteria as
outlined at 310 CMR 19.060(12)(b).
(b) Demonstrating Compliance with the Reuse Criteria. The use and processing of the
proposed secondary material must comply with the Reuse Criteria specified in 310 CMR
19.060(13). This determination shall be based upon a comparative analysis of the product
manufactured using the proposed secondary material as compared to the traditionally used
feedstock or product it is replacing. If the nature and concentration of hazardous materials,
including CCCs, are comparable, further assessment will not be required. Uses of proposed
secondary materials that reasonably may be anticipated to significantly increase risks to
public health, safety and the environment, above that of the traditional feedstock or the
product in the same application, cannot be reviewed in accordance with 310 CMR
19.030(14)(b).
(c) Application Requirements. In addition to the general application requirements cited at
310 CMR 19.060(5), the applicant shall submit the following information:
1. A physical characterization of the commercial product;
2. A list of constituents (including hazardous materials) contained in the product
manufactured using traditional materials or products;
3. A comparative analysis of the product manufactured using the proposed secondary
material versus the traditionally used material it is replacing for the following:
a. Hazardous materials, including CCCs (on a weight and concentration basis);
b. Processing required for use;
c. Actual use, including, but not limited to, storage and handling prior to the actual
use;
d. Location(s) used; and,
e. Management or processing during its lifecycle, including, but not limited to, any
destructive practices that reasonably may be expected to be employed in recycling or
disposing of the proposed secondary material;

(15) Category 2 -- Use of Secondary Materials in Regulated Systems.

(a) Applicability. Beneficial use of secondary materials at facilities permitted, approved or
ordered by the Department shall be deemed adequately regulated for purposes of 310 CMR
19.000, provided the person does so in compliance with the terms and conditions of any such
permit, order or approval and the following:
1. Any aspect of the use of proposed secondary materials not covered by the permit,
order, or approval shall be reviewed in accordance with M.G.L. c. 111, § 150A, 310
CMR 19.000, and 310 CMR 16.00;
2. The storage, transfer, processing, treatment, use and disposal of the proposed
secondary material shall be achieved using best management practices that prevent
adverse impacts and significant risks to public health, safety and the environment,
including, but not limited to, nuisance conditions.
(b) Demonstrating Compliance with the Reuse Criteria. Compliance with the Reuse
Criteria can be demonstrated by meeting appropriate numerical standards, risk management
criteria and other applicable requirements as identified by the Department.
(c) Application Requirements. In addition to the general application requirements cited at
310 CMR 19.060(5), the applicant shall provide sufficient information to evaluate the
potential for significant proposed risks from the storage, transfer, processing, treatment
activities, use and final disposal of the secondary material not governed by the existing
approval.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: continued

(16) Category 3 -- Use of Secondary Materials in Restricted Applications.

(a) Applicability. Secondary materials that are beneficially used in applications that utilize
risk management techniques in order to prevent adverse impact or significant risks to public
health, safety and the environment, including, but not limited to, nuisance conditions shall
be reviewed in accordance with 310 CMR 19.060(16).
(b) Demonstrating Compliance With the Reuse Criteria. Compliance with the Reuse
Criteria can be achieved by demonstrating that release and exposure pathways are adequately
controlled through the use of risk management procedures (e.g. engineering controls; use
limitations, etc.) If adequate control of such pathways cannot be demonstrated, a reuse
specific assessment is required, as described at 310 CMR 19.060(16)(b)1. or 2. Compliance
with the Reuse Criteria has been achieved if no concentration of any hazardous material is
greater than the Upper Concentration Limit as described in 310 CMR 40.0996 and conditions
specified in either 310 CMR 19.060(16)(b)1. or 2. are met:
1. The concentrations of all hazardous materials are at or below background, as
determined by a statistically valid and appropriate background concentration sample data
set of Massachusetts soils; or,
2. No concentration of a Hazardous Material contained in, or release resulting from the
use of, a proposed secondary material, as appropriate, exceeds acceptable limits as
demonstrated using one of the following approaches:
a. Numerical Standards Approach. Hazardous material concentrations may not
exceed applicable standards and guidelines as stipulated by DEP. If an appropriate
DEP standard or guideline does not exist for all constituents in all relevant media,
then a guideline may be proposed by the applicant developed using protocols
consistent with those used in the derivation of existing DEP standards and guidelines
for that medium. In addition to the standards and guidelines, the applicant shall
demonstrate that the reuse will not lead to exceedences of the Massachusetts
Drinking Water Quality Standards at 310 CMR 22.00; Massachusetts Air Quality
Standards at 310 CMR 7.00; Massachusetts Contingency Plan Method 1 Standards
at 310 CMR 40.0970; and, Massachusetts Surface Water Quality Standards at
314 CMR 4.00.
b. Total Waste Reuse Risk Approach. Using this approach, Total Waste Reuse
cancer and non-cancer risks shall be determined as follows:
i. Total cancer risks and non-cancer risks shall be calculated for all appropriate
exposure pathways and receptors.
ii. The assessment shall be performed in a manner consistent with scientifically
acceptable risk assessment practices as detailed in guidance published by the
Department.
iii. A condition of no significant risk to human health has been achieved if:
- No Exposure Point Concentration of any hazardous material is greater than
applicable public health or environmental standards; and,
- Total Waste Reuse Risk (the aggregate risk attributable to all hazardous
materials) results in excess lifetime cancer risk of less than five-in-one
million and a non-cancer cumulative hazard index of less than 0.5.
3. Public Health and Safety. A level of no significant risk to public health and safety
exists or has been achieved if the use of the proposed secondary material will not pose
a threat of physical harm or bodily injury to people and will not create nuisance
conditions, including, but not limited, to noxious odors and noise, in the foreseeable
future.
4. Environment. A level of no significant risk of harm to the environment exists, or has
been achieved, if there is no indication of the potential for biologically significant harm
(at the subpopulation, community, or system-wide level), either currently or for any
foreseeable period of time, to Environmental Receptors as described at 310 CMR
40.0000 considering their potential exposures to the proposed secondary material.
(c) Application Requirements. In addition to the general application requirements cited at
310 CMR 19.060(5), the applicant shall submit the following:
1. Characterization. The application shall include risk characterization information, the
scope and level of effort of which shall depend on the proposed secondary material, the
beneficial use, and the specific exposure assumptions identified. The characterization
shall be of sufficient scope and adequately documented to demonstrate compliance with
the Reuse Criteria at 310 CMR 19.060(13).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.060: continued

2. Location. If the Department determines during the pre-application review that the
___location of the beneficial use activity must be identified in order to manage risks posed
by the beneficial use activity, a U.S.G.S. 7.5 minute topographic map or smaller scale
equivalent map clearly marking the ___location(s) of the beneficial use activities.
3. End of Use Management. A description of how the proposed secondary material may
be managed when removed or processed during its lifecycle.
(d) Property Owner Notification. The Applicant shall prepare and record, when required
by permit term or condition, a record in the Registry of Deeds, Land Court, or other
permanent record approved by the Department that shall:
1. Provide notice to holders of any interest(s) in a property or a portion thereof
(including without limitation, owners, lessees, tenants, mortgagee, and holders of
easement rights) of the existence and ___location of the secondary material at such property
and the conditions for continued beneficial use and ultimate disposal, if applicable;
2. Outline management options if removed, modified, or processed during its lifecycle
to prevent adverse impacts and significant risks to public health, safety and the
environment, including, but not limited to, nuisance conditions; and
3. Provide reference to the Department beneficial use application file by including the
permit application transmittal number and file ___location.

(17) Category 4 -- Use of Secondary Material in Unrestricted Applications.

(a) Applicability. Secondary materials that are beneficially used in applications that do not
limit exposure to potential human or environmental receptors from secondary material
constituents are reviewed in accordance with 310 CMR 19.060(17) when constituents have
the potential to adversely impact or create a risk to public health, safety, or the environment,
including, but not limited to, nuisance conditions when improperly stored, treated,
transported, disposed of, used, or otherwise managed.
(b) Demonstrating Compliance With the Reuse Criteria. Compliance with the Reuse
Criteria shall be made on the basis of provisions detailed in 310 CMR 19.060(16)(b), using
conservative, unrestricted general exposure assumptions (e.g. residential exposures including
sensitive receptors) in order to protect public health, safety and the environment.
(c) Application Requirements. In addition to the general permit application requirements
identified at 310 CMR 19.060(5) the application shall include characterization information,
the scope and level of effort of which shall depend on the proposed secondary material, the
beneficial use, and the general exposure assumptions identified with this category of use.
The characterization shall be of sufficient scope and adequately documented to demonstrate
compliance with 310 CMR 19.060(13): Reuse Criteria.

19.061: Special Waste

(1) General. The management of special waste shall not result in adverse impacts to the public
health, safety or the environment or result in nuisance conditions. Management of a special
waste comprises the receipt, handling, storage, processing, treatment and/or disposal of such
special waste.
(a) Except as provided at 310 CMR 19.061(3), the owner and operator of a facility may
manage a special waste without prior written approval from the Department.
(b) The owner and operator of a facility with an existing special waste(s) approval issued
before February 14, 2014 may continue to manage such special waste in accordance with the
existing approval(s) or, alternatively, may manage special waste in accordance with
310 CMR 19.061provided that:
1. an owner or operator of a transfer station that is not a C&D waste transfer station
submits a certification in accordance with 310 CMR 19.035; or
2. an owner or operator of any other type of facility makes a submission in accordance
with 310 CMR 19.034.

(2) Exclusions. The following special wastes are not subject to the management requirements
of 310 CMR 19.061(3):
(a) Asbestos waste that consists of:
1. intact and unbroken vinyl asbestos tile (VAT);
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.061: continued

2. asphaltic asbestos-containing siding products and asphaltic asbestos-containing

roofing materials such as roofing felts and roofing shingles 1; or
3. other asbestos waste excluded by the Department in writing from the management
requirements of 310 CMR 19.061(3).
(b) Medical or biological waste that has been rendered non-infectious in accordance with
105 CMR 480.000: Minimum Requirements for the Management of Medical or Biological
Waste (State Sanitary Code Chapter VIII), and is packaged, labeled and otherwise managed
in accordance with 105 CMR 480.000: Minimum Requirements for the Management of
Medical or Biological Waste (State Sanitary Code Chapter VIII).

(3) Management Requirements for Asbestos Waste, Medical or Biological Waste, and Sludge.
(a) General Requirements. The following requirements shall apply to any facility handling
or disposing asbestos waste, medical or biological waste, or sludge unless such material has
been excluded pursuant to 310 CMR 19.061(2):
1. at least 45 days prior to accepting asbestos waste, medical or biological waste, or
sludge, the facility owner or operator submits to the appropriate Regional Office of the
Department and the board of health of the municipality where the facility is located:
a. a certification in accordance with 310 CMR 19.035 for a transfer station which
is not a C&D waste transfer station; or
b. a presumptive approval application in accordance with 310 CMR 19.034 for any
other type of facility.
2. The submission shall include:
a. the type and quantity of asbestos waste, medical or biological waste, or sludge
intended to be managed on a daily, weekly, monthly and yearly basis; and
b. the intended methods to be employed for managing the asbestos waste, medical
or biological waste or sludge.
(b) Specific Requirements for Managing Asbestos Waste. In addition to the requirements
at 310 CMR 19.061(1) and (3)a., asbestos waste shall be managed as follows:
1. Asbestos waste shall not be accepted for disposal at a solid waste combustion facility;
2. Asbestos waste that has not been properly wetted, containerized and labeled
according to 310 CMR 7.15: U Asbestos shall not be accepted at any facility;
3. Asbestos waste that has been properly wetted, containerized and labeled shall be
managed so as to maintain the integrity of the containers and to prevent emissions of
asbestos fibers to the ambient air; and
4. Landfill Specific Requirements. In addition to the above requirements, any owner
and operator of a landfill that receives asbestos waste shall observe the following
requirements:
a. Asbestos waste shall be immediately disposed in the landfill and shall not be
stored at the landfill prior to placement in the landfill;
b. Asbestos waste shall be placed in the landfill in such manner as to prevent the
release of asbestos fibers to the ambient air during placement;
c. Asbestos waste placed in the landfill shall immediately be covered by sufficient
amounts of either solid waste that does not contain asbestos or daily cover material,
to assure that no asbestos fibers are released to the ambient air during or subsequent
to compaction;
d. Accurate records shall be maintained of the surveyed ___location(s) in the landfill
of all asbestos waste. Locations of asbestos waste deposition shall be noted in the
Notice of Landfill Operation required pursuant to 310 CMR 19.141. Locations of
asbestos waste deposition shall also be included whenever information regarding the
facility is recorded in the chain of title for the property on which the landfill operates
pursuant to M.G.L. c. 111, § 150A;
e. Areas of the landfill containing asbestos waste shall be clearly marked by the
operator;
f. Areas of the landfill containing asbestos waste shall not be excavated unless
written approval is issued by the Department; and
g. Compliance with the applicable requirements of 40 CFR 61.154.

1
Other asbestos-containing roofing shingles and siding products such as those containing a
cementitious binding characterized as being hard and brittle are subject to the management
requirements of 310 CMR 19.061(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.061: continued

(c) Requirements for Managing Medical or Biological Waste. In addition to the

requirements at 310 CMR 19.061(1) and (3)a., any owner and operator of a facility managing
medical or biological waste shall manage such waste as follows:
1. Medical or biological waste shall be treated, packaged, labeled and disposed of in
accordance with 105 CMR 480.000: Minimum Requirements for the Management of
Medical or Biological Waste (State Sanitary Code Chapter VIII).
2. Landfills. Medical or biological waste shall not be disposed in a landfill unless the
waste is rendered non-infectious in accordance with 105 CMR 480.000: Minimum
Requirements for the Management of Medical or Biological Waste (State Sanitary Code
Chapter VIII).
(d) Requirements for Managing Sludge. In addition to the requirements at 310 CMR
19.061(1) and (3)a., any owner and operator of a facility shall manage sludge as follows:
1. General Requirements. Disposal of any sludge shall comply with the following
requirements:
a. a sludge may be accepted at a disposal facility only after recycling or other reuse
options, such as land application, conversion and composting, have been investigated
by the applicant or by the generator of such sludge;
b. a sludge accepted at a facility shall not contain free draining liquids; and
c. a sludge disposed at a landfill shall contain a minimum of 20% solids.
2. Landfill Requirements for Sewage Treatment and Water Treatment Sludges. In
addition to the requirements set forth at 310 CMR 19.061(3)(d)1., any owner or operator
of a landfill shall ensure that sewage treatment and water treatment sludge disposed at
a landfill shall be incorporated into the active face of a landfill in a 3:1 mixture of solid
waste to sludge or placed in a designated area and covered immediately.

19.062: Demonstration Projects or Facilities

(1) Applicability. Any person who wishes to establish a demonstration project at a permitted
solid waste management facility or establish a demonstration solid waste management facility
for the purpose of demonstrating the effectiveness and utility of a new or innovative solid waste
management technology shall submit an application to the Department for a demonstration
project permit and notify the board of health of jurisdiction.

(2) Application Requirements. An application for a demonstration project permit shall include:
(a) a detailed description of the proposed activity, including:
1. a discussion of the objectives of the project;
2. a discussion of the purposes for undertaking the project;
3. an analysis indicating the benefits of the proposed new technology;
4. a description of the applicability of the new technology to solid waste management
in general;
5. a description of how the applicant intends to provide for the receipt and treatment or
disposal of those types and quantities of solid waste proposed to be necessary for
purposes of determining the efficiency and performance capabilities of the technology
or process; and
6. a technical analysis indicating environmental, public health and safety benefits and
risks from the proposed new technology;
(b) a set of plans which shall include:
1. a site plan indicating the ___location of the project or facility;
2. an operational plan outlining operational details of the project or facility, the
particular types of equipment required for proper operation and a discussion of measures
to be taken to ensure the protection of public health, safety or the environment;
3. a corrective action plan which indicates how conventional solid waste management
technology shall be utilized in the event of failure of the proposed technology; and
4. a data collection and analysis plan which outlines all data collection and analysis
procedures, protocols and reporting formats required to document and evaluate whether
the demonstration project has achieved its objectives.
(c) a project timetable; and
(d) such other descriptions, plans or information as the Department deems necessary to
review the demonstration project.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.062: continued

(3) Department Review of an Application. The Department shall not grant a permit for a
demonstration project unless:
(a) the application is complete and accurate;
(b) the facility has a valid site assignment where required pursuant to the Site Assignment
Regulations at 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities;
(c) the facility has a valid permit and necessary authorizations issued by the Department,
if applicable;
(d) the project can be adequately accommodated at a permitted facility without interfering
with or disrupting normal operations of the facility, where the project is to be located at a
permitted facility;
(e) the demonstration project or facility has merit and seeks to improve operational aspects
of a facility, produce significant cost savings or serve to increase protection of human health
and the environment;
(f) the proposed demonstration project will not cause or contribute to pollution of the air,
water or other natural resources of the Commonwealth; and
(g) the applicant has provided adequate proof of financial assurance as specified in
310 CMR 19.062(5).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.062: continued

(4) Department Evaluation of Demonstration Projects. The Department shall review all data
and reports submitted by the applicant and other relevant information to determine if the
demonstration project has satisfactorily achieved its objectives and if the project has adequately
protected public health, safety and the environment.

(5) Financial Assurance. Applicants proposing demonstration facilities may be required to

provide proof of financial assurance to the Department prior to receiving a demonstration facility
permit. If financial assurance is required the applicant must comply with the financial assurance
requirements set forth in 310 CMR 19.051 and:
(a) provide sufficient financial assurance to cover costs of removing solid wastes, residuals
and storage piles and to properly close the demonstration project site; and
(b) provide sufficient financial assurance to ensure completion of all aspects of the proposed
study in a manner acceptable to the Department including all monitoring costs, should the
applicant default on the completion of the demonstration project.

(6) Demonstration Project Permit Limitations. The following permit limitations shall apply to
any demonstration project permit:
(a) a demonstration project permit shall be valid for no more than two years from the date
of issuance, unless renewed as provided for in 310 CMR 19.062(7); and
(b) the permit shall be valid only for the site approved by the Department and subject to the
conditions established by the Department in the demonstration project permit.

(7) Renewal of Permit. The Department may renew a demonstration project permit for a
maximum of two one year periods upon request by the applicant.

(8) Termination of the Permit. A demonstration project permit shall terminate:

(a) automatically at the end of the period specified in the demonstration project permit
unless the applicant has requested a renewal of the permit and said renewal has been granted
by the Department; or
(b) automatically at the end of the renewal period should the applicant have received a
renewal of the permit from the Department in accordance with 310 CMR 19.062(7); or
(c) at any time the Department has determined that the project does not adequately protect
public health, safety or the environment.

(19.070: Operator Certification Requirements: Reserved)

19.080: Variances

(1) General. The Department recognizes that the literal application of 310 CMR 19.000 to all
persons and activities may impose significant hardships in individual situations, frustrate the
underlying legislative and regulatory purposes, or adversely affect the public interest. Therefore,
in the exercise of the Department's discretion and upon a proper and timely demonstration, a
variance from the application of specific provisions of 310 CMR 19.000, other than those that
embody statutory requirements, may be available in an individual case to a person whose
activities are governed by them.

(2) Required Demonstration. A variance request shall include, at a minimum, the following
information demonstrating, to the Department's satisfaction, that:
(a) compliance with the provision would, on the basis of conditions unique to the applicant's
particular situation, impose unreasonable economic, technological or safety burdens on the
applicant or the public;
(b) substitute measures will provide the same or greater degree of protection to public
health, safety and the environment as the application of the regulation(s) from which a
variance is requested; and
(c) the desired relief may be granted without substantial detriment to the public interest and
without nullifying or substantially derogating from the intent of 310 CMR 19.000.

(3) Reasonable or Necessary. Where circumstances are appropriate, the Department may
request the applicant to establish, in addition to the criteria listed in 310 CMR 19.080(2), either
or both of the following:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.080: continued

(a) that no reasonable conditions or alternatives exist that would allow the project to
proceed without the requested variance; and/or
(b) the variance is necessary to accommodate an overriding community, regional, state, or
national public interest.

(4) Request for Variance. A request for a variance may be made only by or on behalf of a
person whose activities are governed by 310 CMR 19.000 and who seeks relief from their
application prior to taking any action subject to and in conflict with them and does so in a timely
manner. The request shall be made in writing and must contain, at a minimum, the information
necessary to establish the showing required by 310 CMR 19.080(2) and, where required by
310 CMR 19.080(3), in the form prescribed in 310 CMR 19.080(4)(a) through (d):
(a) specific reference, by citation to Code of Massachusetts Regulations, to each regulatory
provision from which relief is sought;
(b) an analysis and evaluation, prepared by a qualified professional, of all known technically
accepted alternative methods of pursuing the activity in compliance with 310 CMR 19.000
including a detailed explanation as to each such alternative of the factual circumstances that
render it unreasonable within the meaning of 310 CMR 19.080(1);
(c) a detailed description, prepared by a qualified professional, of the substitute measures
intended to provide the same or greater degree of protection to the public health, safety and
the environment as the application of the regulation(s) from which a variance is requested
would provide, accompanied by an opinion, including the basis on which that opinion was
formed, that the substitute measures will in fact perform their intended function; and
(d) evidence that an overriding public interest is associated with the project which justifies
a variance from the regulation(s) if required by the Department pursuant to 310 CMR
19.080(3)(b).

(5) Filings. A person requesting a variance from 310 CMR 19.000 must file a request with the
Regional Director of the appropriate regional office and contemporaneously serve copies of it
upon the board of health and all abutters of the property upon which the activity is or may be
located. Filing and service may be made by hand or by using a suitable form of mail addressed
to the person to be served and requiring the return of a signed receipt.

(6) Initial Action. The Regional Director, after considering a request for a variance, requesting
and receiving such additional information as may be required, and holding a public hearing
should public interest in the matter or the technical complexity or uniqueness of the issues
warrant doing so, shall grant or refuse the request in whole or in part. Should the Regional
Director determine to grant the request in whole or in part, the determination will include a
specific finding that the request makes the showing required by 310 CMR 19.080(2); a specific
statement that the application of certain specified regulation(s) is altered or waived; and a
specification of the requirements or conditions imposed, if any. The determination of the
Regional Director is final unless, within 21 days, an appeal is taken to the Commissioner
pursuant to the provisions of 310 CMR 19.080(7). The Regional Director shall notify by mail
the person requesting the variance, the board of health, and any abutter who has requested notice
of the determination of the action taken upon the request.

(7) Appeal to the Commissioner.

(a) A person requesting a variance from the application of 310 CMR 19.000, the board of
health where the affected property is located, or any aggrieved party may appeal the
determination of the Regional Director to the Commissioner.
(b) An appeal is taken by delivering a request for a hearing to the Commissioner within the
time period established by 310 CMR 19.080(6) that identifies the request for a variance,
states the determination of the Director upon it, specifies why the party is aggrieved and the
grounds for the appeal. The Department shall hold a hearing upon and determine the appeal
pursuant to the provisions of 310 CMR 1.00. In any such proceeding it shall be the burden
of the person requesting the variance to demonstrate how the criteria are met.
(c) Notice of an appeal shall be given to the applicant by the party appealing the decision
concurrently with filing the appeal.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.080: continued

(8) Expiration, Modification or Suspension of a Variance. Any variance or other modification

made pursuant to 310 CMR 19.080 may be subject to such qualification, revocation, suspension,
or expiration as the Department expresses in the variance. A variance or other modification
made pursuant to 310 CMR 19.080 may otherwise be revoked, modified, or suspended pursuant
to 310 CMR 19.039 or 19.040.

19.081: Enforcement Provisions

(1) Wherever 310 CMR 19.000, or any approvals or orders issued pursuant thereto, requires that
the owner and/or operator shall take action or refrain from taking action, the owner and operator
shall be jointly and severally liable such that the Department may take action for any violations
of 310 CMR 19.000 against the owner, the operator or both.

(2) General. No standard, requirement or condition established in 310 CMR 19.000 or

provision of any permit, authorization, modification, determination, or other approval or order
or other enforcement document issued pursuant to 310 CMR 19.000, shall be construed to limit
any right of the Department to take enforcement action pursuant to any other authority. Any
failure by any person whose activities are governed by M.G.L. c. 111, § 150A and 310 CMR
19.000, to comply fully with the provisions thereunder or the terms and conditions of any order,
permit, authorization, modification, determination, or other approval or order or other
enforcement document issued pursuant to 310 CMR 19.000, or with the terms of a site
assignment, shall constitute a violation of M.G.L. c. 111, § 150A and 310 CMR 19.000. It shall
also be a violation of 310 CMR 19.000 for any person to:
(a) Fail to submit a certification, log, application for a permit or permit modification, plan,
report, third-party inspection report, or any other document within the time period specified
in 310 CMR 19.000 or in any approval, order, or permit issued by the Department;
(b) Provide or cause to be provided any false, inaccurate, incomplete or misleading
information, in any certification, log, application for a permit or permit modification, plan,
report, third-party inspection report, third-party inspector qualifications statement, or any
other document which that person is required to submit to the Department pursuant to
310 CMR 19.000;
(c) Provide any false, inaccurate, incomplete or misleading information to a third-party
inspector or influence a third-party inspector to provide any false, inaccurate, incomplete or
misleading information in any certification, third-party inspection report or other submittal
to the Department pursuant to 310 CMR 19.000;
(d) Alter or misrepresent the findings or recommendations made by a third-party inspector
in a third-party inspection report submitted to the Department pursuant to 310 CMR 19.018;
(e) Hold himself or herself out as a responsible official when he or she is not fully
authorized to bind the entity he or she claims to bind;
(f) Fail to comply fully with the applicable standards, requirements or conditions established
in 310 CMR 19.000 or with the provisions of any permit, authorization, modification,
determination, or other approval or order issued, or with the terms and conditions of any
certification submitted, pursuant to 310 CMR 19.000;
(g) Act without submitting a certification in accordance with 310 CMR 19.000 or without
a permit or other approval issued pursuant to 310 CMR 19.000 or site assignment where one
is required; or
(h) Violate any other provision of 310 CMR 19.000.

(3) Action by the Department. Whenever the Department has cause to believe that a violation
has occurred, it may without limitation:
(a) order the owner or operator of the site or facility, or any other person responsible for the
violation, to cease operations until the violation is corrected to the satisfaction of the
Department, or until such person obtains a site assignment, solid waste facility permit, and
any other applicable approval pursuant to 310 CMR 19.000, or other applicable permit
pursuant to 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities;
(b) order the owner or operator of the site or facility, or any other person responsible for the
violation, to cease immediately or at a specified date all illegal activity, and to comply fully
with M.G.L. c. 21A, §§ 2 and 8, St. 1987, c. 584, M.G.L. c. 21H, M.G.L. c. 111, §§ 150A
and 150A½, 310 CMR 19.000, or any permit, authorization, certification, determination, or
approval submitted or issued pursuant to 310 CMR 16.00: Site Assignment Regulations for
Solid Waste Facilities or 310 CMR 19.000;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.081: continued

(c) order the owner or operator of the site or facility, or other person responsible for the
violation, to take appropriate remedial measures, immediately or by a specified date , to bring
the site or facility into compliance to the satisfaction of the Department or to protect public
health or safety or the environmental resources of the Commonwealth, including without
limitation, closure of the site or facility;
(d) commence proceedings pursuant to 310 CMR 19.036 to rescind, suspend, revoke, or
modify a permit;
(e) commence proceedings pursuant to M.G.L. c. 111, § 150A to rescind, suspend, or
modify a site assignment;
(f) issue a notice of non-compliance or assess a civil administrative penalty pursuant to
M.G.L. c. 21A, § 16 and 310 CMR 5.00: Administrative Penalty or initiate an enforcement
action in accordance with applicable statutes and regulations;
(g) refer the matter to the Attorney General for civil or criminal action pursuant to any
applicable statute; or
(h) take such other action as provided by 310 CMR 19.000 or other applicable statutory or
regulatory authority as the Commissioner deems appropriate.

(4) Service of Notices and Orders. Service in all civil administrative penalty actions is
governed by 310 CMR 5.00: Administrative Penalty. The Department serves an order according
to the following procedure except for processes, notices, and orders issued in the course of an
adjudicatory hearing, which are governed by the provisions of 310 CMR 1.00: Adjudicatory
Proceedings:
(a) Service of an order may be made via hand delivery or mail. Service of an order when
made by any form of mail requiring the return of a receipt signed by the person to be served
is complete upon receipt by the person or by any officer, employee, or agent of the person
authorized by appointment of the person or by law to accept service. The fact and date of
service is established by the returned receipt or by affidavit of the person who hand delivery
the order.
(b) The Department may make service of an order in any other manner, including any form
of telecommunications or publication, that is reasonably calculated to give actual notice of
the order to the person to be served. The Department may uses such alternative or substitute
methods of service when the recipient refuses to accept service by the means set forth in
310 CMR 19.081(4)(a) or when exigent circumstances require its doing so. The fact and date
of service in such cases is established by such records as may be available.

(5) Right to Adjudicatory Hearing. Subject to the provisions of 310 CMR 19.081(6), a person
who is the subject of an order issued pursuant to 310 CMR 19.081(3) shall have the right to an
adjudicatory hearing on such order pursuant to 310 CMR 1.01: Adjudicatory Proceeding Rules
for the Department of Environmental Protection. Any right to an adjudicatory hearing
concerning assessment of a civil administrative penalty shall be determined in accordance with
the provisions of 310 CMR 5.00: Administrative Penalty.

(6) Waiver of Right to Adjudicatory Hearing. Any person who is the subject of an order issued
pursuant to 310 CMR 19.081(3) shall be deemed to have waived the right to an adjudicatory
hearing, unless, within 21 days of the date of service of the order, the Department receives a
written statement setting forth the basis for the request, subject to and in compliance with the
applicable provisions of 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of
Environmental Protection.

(7) Burden of Persuasion. In an adjudicatory hearing under 310 CMR 19.081(5), the burden
shall be on the person conducting the solid waste activities regulated pursuant to 310 CMR
19.000 to persuade the Department that:
(a) the solid waste activity does not create public nuisance conditions and does not pose a
threat to public health, safety or the environment; and
(b) the person conducting the solid waste activities is and will continue to be in compliance
with M.G.L. c. 111, § 150A and 310 CMR 19.000.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.082: Penalties

(1) General. A person who or which violates the provisions of M.G.L. c. 111, § 150A or
310 CMR 19.000 is subject to judicially imposed criminal and civil penalties as well as civil
administrative penalties imposed by the Department. Each day that a violation occurs or
continues constitutes a separate violation.

(2) Penalties.
(a) A violation may be punished under the statute by the imposition of a penalty that does
not exceed $25,000 for each day of violation.
(b) A violation may be punished pursuant to the provisions of M.G.L. c. 21A, § 16, and
310 CMR 5.00: Administrative Penalty, by the administrative imposition of a penalty of no
less than $100 and not more than $25,000 for each day of violation.
(c) A violation may be punished under the statute by a fine of not more than $25,000, or by
imprisonment for not more than two years in a house of correction.

(3) Punishment. Punishment imposed under the statute is in addition to any other penalty
prescribed by law.

19.083: Enforcement of Minimum Recycling Requirements

(1) The Department may allow the acceptance of recyclable or compostable materials where
such acceptance will result in the facility not meeting the 25% recycling requirement established
at 310 CMR 19.038(2)(d), with prior notification and approval of the Department, under the
following circumstances:
(a) the material is contaminated or is otherwise not acceptable for recycling or composting
because it is commingled with solid waste, provided that the person(s) who contaminated or
commingled the material with solid waste is promptly notified and take(s) necessary actions
to prevent a reoccurrence of the conditions which caused the disposal; or
(b) the recycling or composting operation or end user to which the restricted material is
normally sent declines to accept the material or is prohibited from accepting the material as
a result of an administrative or judicial order, provided that an alternative recycling or
composting operation or storage facility or end user which will accept the material cannot
be found within a reasonable period of time.

(2) Failure to comply with approved plans submitted pursuant to 310 CMR 19.030(3) or (4) or
applicable permit conditions shall constitute a violation of 310 CMR 19.000. The Department
may require a modified plan to be submitted where the minimum requirement is not being
achieved.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

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 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.100: Preamble

310 CMR 19.100 through 19.151 establishes minimum performance and design standards;
operation and maintenance standards; and closure/post-closure requirements for solid waste
landfills by supplementing, modifying or expanding upon the provisions of 310 CMR 19.000
through 19.099. Combined, these two sets of regulations govern all solid waste disposal
activities at landfills. The procedures for application, approvals, authorizations, and transfers of
such rights and interests are set forth in 310 CMR 19.100 through 19.151.

19.101: Applicability

Except as expressly exempted in 310 CMR 19.060: Beneficial Use of Solid Waste, all solid
waste disposed by placement into or onto land shall be done in a manner consistent with 310
CMR 19.000 and the requirements of 310 CMR 19.100 through 19.151.

19.102: Definitions

All terms used herein shall have the meanings set forth in 310 CMR 19.006 unless the
context clearly implies or indicates another meaning.

19.103: Additional Requirements

Nothing in 310 CMR 19.000 shall be construed to limit the Department from determining
on a facility or site specific basis that additional design or operation and maintenance
components are required where conditions warrant such additional design or operation and
maintenance measures in order to protect public health, safety and the environment or to mitigate
potential adverse impacts.
Notwithstanding any provision in 310 CMR 19.000, the Department may approve or modify
a permit or authorization or issue an order requiring the operator or owner of a landfill disposing
municipal solid waste to comply with the Solid Waste Disposal Facility Criteria, 40 CFR Parts
257 and 258, as may be amended, promulgated pursuant to sections 1008, 2002, 4004, and 4010
of the Resource Conservation and Recovery Act and section 405 of the Clean Water Act.

19.104: Landfill Facility Plan

(1) General. In addition to the general application requirements established in 310 CMR 19.001
through 19.099, 310 CMR 19.030: Application for a Solid Waste Management Facility Permit,
an application for a landfill permit shall include the following components:
(a) landfill site plan;
(b) hydrogeological study;
(c) landfill design plan;
(d) landfill operation and maintenance plan; and
(e) conceptual landfill closure/post-closure plan.

(2) Landfill Site Plan. The landfill site plan shall include:
(a) the locations of permanent on-site bench marks used as a reference point or plane;
(b) the acreage and boundaries of the site, the boundaries of the landfilling operations and
designation of other land uses within the site;
(c) the ___location and elevations of all proposed and existing environmental monitoring
devices;
(d) the ___location of all proposed and existing soil borings, excavations and test pits;
(e) the ___location of all proposed and existing on-site borrow sources;
(f) the ___location of all proposed and existing utilities, structures and roads;
(g) the distance to any airport runway if less than 10,000 feet;
(h) all Areas of Critical Environmental Concern as determined by the Executive Office of
Environmental Affairs (EOEA), where applicable; and
(i) other information concerning the site which the Department may require for review of
plans.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.104: continued

(3) Hydrogeological Study. A hydrogeological study shall provide the data, maps,
cross-sections, schematics and numerical parameters which the Department reasonably deems
necessary to accurately determine the physical and chemical characteristics of the overburden
material and bedrock present at the site, the directions, pathways and velocities of ground and
surface water flows and the physical and chemical characteristics of the ground and surface
waters.
(a) Submission of a Scope of Work for a Hydrogeological Study.
1. The applicant shall submit the proposed scope of work for a hydrogeological study
to the Department not less than 60 days prior to the commencement of the
hydrogeological study.
2. The applicant shall incorporate all Departmental modifications, additions, changes
or deletions into the final scope of work for the hydrogeological study.
(b) The hydrogeological study shall include without limitation:
1. a narrative summary of the regional and local geological and hydrogeological setting
including a brief description of the major geological formations present (bedrock and
overburden);
2. a description of the general geomorphology of the site;
3. a summary of all relevant environmental and geological studies that have been
performed at the site;
4. a set of maps that depict:
a. the topography of the site;
b. the areal extent of the overburden and/or bedrock on the site, together with
appropriate cross-sections to provide a three-dimensional picture of the site;
c. within a ½ mile of the proposed area of waste deposition, the ___location of:
i. all water supply wells;
ii. all aquifer and/or groundwater protection zones including Zone II's and/or
Interim Wellhead Protection Areas;
iii. all water sheds and their associated drainage patterns; and
iv. all surface water bodies (indicate designated classifications).
d. within 500 feet of the perimeter of the site, the ___location of:
i. all wetlands; and
ii. 100 year flood plains.
e. all environmental monitoring points, test borings, test pits, and piezometers on
the site;
f. ground water contours, piezometric heads, hydraulic gradients (horizontal and
vertical), and ground water flow directions, together with the appropriate
cross-sections to provide a three dimensional picture of the site for both the seasonal
high and low ground water periods.
5. sufficient data and information to adequately describe:
a. the physical and chemical characteristics of the major overburden units and
bedrock formations present on the site;
b. the hydraulic connection between the major overburden units and the overburden
units that are in contact with bedrock and the bedrock;
c. the hydraulic conductivity of all major overburden units on the site;
d. the nature and characteristics of any hydrogeologic boundary that exists on the
site;
e. the maximum ground water fluctuations and maximum high ground water level
of the ground water elevation measurement locations;
f. sufficient precipitation data to enable a calculation of the maximum ground water
high;
g. the as-built design of all monitoring wells and piezometers;
h. grain size gradation curves for the overburden material in which the screened
interval of a monitoring well resides;
i. the existing and/or background quality of the ground and surface waters on the
site as regulated in 310 CMR 19.132(1); and
j. the hydrogeologic flow conditions.
6. the following information, if it is determined that there is a component of ground
water flow from the overburden into the bedrock:
a. a bedrock contour map;
b. a fracture trace analysis; and
c. the hydraulic conductivity of the bedrock.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.104: continued

7. a clear and concise presentation of any form of geophysical methods used during field
investigations of the site; and
8. a clear and concise presentation of any computer model that is utilized in the
investigation.

(4) Landfill Design Plan. The landfill design plan shall include:
(a) a ground water protection system design plan which details the configuration of the liner
system, leachate collection system(s), leachate pumping, storage, treatment and disposal
systems, and efficiency of the liner in terms of leachate removal;
(b) schematic drawings, maps and/or plans which delineate in plane view and in detailed
cross-sectional view (at initial, interim and final phases) the elevations of the proposed
landfill, excavations, berms, dikes, ditches, liners, leachate collection system, swales, storm
water detention systems or other drainage features;
(c) design and construction specifications of the landfill, including, but not limited to the
ground water protection system, the environmental monitoring systems, the cap and final
cover, recycling and composting operations and other appurtenances associated with the
facility;
(d) a construction plan that includes a description of the installation methods and
procedures for construction of the liner, leachate collection system, monitoring systems and
other parts of the facility including materials required and scheduling of construction events
and phases;
(e) a quality assurance, quality control (QA/QC) plan for the construction of the landfill
including the ground water protection system, the environmental monitoring systems, the cap
and final cover and other appurtenances associated with the facility. The QA/QC plan shall
specify the qualifications of the QA/QC officers, the qualifications of the installers of the
ground water protection systems and specify the testing and monitoring protocols which shall
form the basis of the engineering certification that the facility was built according to the
approved specifications. The plan shall provide a description of the criteria to be utilized in
detecting and evaluating deficiencies, selecting corrective action methodology and
implementing corrective measures to achieve conformity with the approved plans; and
(f) the ___location and design of convenience and recycling drop-off areas, if applicable.

(5) Landfill Operation and Maintenance Plan. The landfill operation and maintenance plan
shall include:
(a) a narrative description, with appropriate references to operation and maintenance
requirements specified under 310 CMR 19.130, the site and design plans, of the solid waste
landfill activities proposed to be conducted during the life of the landfill, including the
sequence and direction of cell, lift and phase development; capacity and life expectancy for
each phase; and the sequence of placement of interim and final cover;
(b) a plan for compliance with wastes banned pursuant to 310 CMR 19.017: Waste Bans;
(c) a leachate management plan;
(d) a staffing plan;
(e) an inspection and maintenance plan that includes a proposed schedule for regular
inspections and maintenance of the landfill, including standard operating procedures for:
1. the leachate collection, handling, treatment and disposal system; and
2. landfill equipment.
(f) a facility safety plan, including:
1. a fire control plan developed in conjunction with and certified by the local fire
department or independent licensed fire consultant, including a contingency plan for
containing and suppressing a landfill fire anywhere on the site;
2. a hazardous waste contingency plan for inspecting loads of solid waste and handling
and ensuring that any regulated hazardous wastes are properly transported off-site and
disposed at hazardous waste facilities; and
(g) an environmental monitoring plan that includes:
1. a surface and ground water sampling and analysis plan, based upon the results of the
hydrogeological study specified in 310 CMR 19.105(4), which will ensure the accurate
representation of surface and ground water quality at the upgradient and downgradient
sampling points. At a minimum, this plan shall address:
a. sample collection;
b. sample preservation and shipment;
c. analytical procedures;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.104: continued

d. chain of custody control; and

e. sample collection and analytical QA/QC.
2. an air monitoring plan which establishes the frequency and extent of sampling and
analysis for explosive gasses and air quality; and
(h) other information concerning the operation and maintenance of the facility which the
Department may require for review of plans.

(6) Conceptual Landfill Closure/Post-Closure Plans. The conceptual landfill closure/post-

closure plan shall include:
(a) a narrative description, with appropriate references to the site and design plans, of the
activities necessary to close the landfill pursuant to 310 CMR 19.140 at any point during its
operating life including the site preparation and closure activities necessary to cap and secure
the landfill and activities necessary to maintain and monitor the landfill during the 30 year
post-closure period defined at 310 CMR 19.142(2);
(b) closure and post closure estimates pursuant to 310 CMR 19.051(5): Financial
Assurance Requirements.

19.105: Equivalency Review Standards and Procedures

(1) Where specific sections of 310 CMR 19.100 through 19.204 permit the submission of
design alternatives, the following equivalency review standards and procedures apply.

(2) A person requesting an alternative under 310 CMR 19.105 shall submit a request to the
Department in writing. The request shall:
(a) identify the specific regulation for which the equivalent alternative is sought; and
(b) demonstrate, through supporting technical documentation, site specific analysis and
quality assurance/quality control procedures, that the requested alternative to the design
requirements in a section of the regulations will, for the life of facility operations, closure and
post-closure maintenance achieve the performance standards in that section, and will do so
in a manner that is equivalent or superior to the design requirements in that section.

(3) No equivalency alternative will be approved unless the Department determines that:
(a) the application is complete and accurate;
(b) the proposed alternative will, for the life of facility operations, closure and post-closure
maintenance achieve the performance standards of the appropriate section of the regulations
and will do so in a manner that is equivalent or superior to the design standards in that
section;
(c) the proposed alternative will ensure protection of public health, safety or the
environment;
(d) utilizes materials, technologies or methodologies that are clearly demonstrated to have
been successful in similar applications; and
(e) can utilize acceptable quality assurance and quality control (QA/QC) methods to
monitor construction and performance as approved by the Department.

(4) In lieu of approving an equivalency alternative for the entire facility where the equivalency
alternative does not meet the criterion established at 310 CMR 19.105(3)(d), the Department may
approve an equivalent alternative for a part of the site as a demonstration project as provided for
in 310 CMR 19.062: Demonstration Projects or Facilities.

19.106: Quality Assurance and Quality Control Requirements

(1) All components used in the construction of the landfill shall be evaluated through a Quality
Assurance and Quality Control (QA/QC) program to ensure that the completed landfill is
constructed and will operate in accordance with its approved plans.

(2) All materials, including but not limited to, soils and synthetic materials used in the
construction of the landfill shall be subject to quantifiable and reproducible manufacturing and/or
QA/QC methods that ensure that the material has been prepared, manufactured, handled and
installed in accordance with the material’s design and operating specifications. All such methods
shall be identified by the applicant;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.106: continued

(3) The QA/QC program shall address requirements for evaluating the prepared or as-
manufactured material, handling, storage, installation, corrective or remedial actions to correct
deficiencies, and the final or completed function of all landfill components or systems.

(4) QA/QC methods for base liners shall include a method, where a technically proven and
economically viable test method is identified, to test the actual final performance and/or integrity
of the completed groundwater protection system, at the discretion of the Department.

19.107 Construction Certification

(1) The construction of a permitted landfill shall be accomplished in compliance with a quality
assurance/quality control (QA/QC) plan approved by the Department.

(2) The owner or operator shall hire an independent professional Massachusetts registered
engineer, knowledgeable and experienced in matters of landfill construction who shall oversee
all construction activities. The engineer shall:
(a) determine and certify that all materials and construction of the landfill adheres to
approved design plans and specifications, including:
1. determining the initial and final grades of the landfill;
2. overseeing the installation and construction of all components of the liner or final
cover;
3. overseeing the installation and completion of run-on and run-off controls, pumps,
monitoring devices and other appurtenances.
(b) oversee material and equipment QA/QC testing and verify all data generated through
the testing program;
(c) ensure that as-built plans, where required, accurately reflect the constructed facility; and
(d) document all construction and QA/QC activities.

(3) Liners and final covers shall be constructed under the direction of a person with extensive
experience in the installation of liners and final caps. Each phase of construction of a liner or
cap shall be carried out and inspected under the direction of the independent professional
engineer who shall certify that each phase of construction was completed in accordance with
approved plans and specifications.

(4) The owner or operator shall submit a copy of the engineer's certification, as required at 310
CMR 19.011 on all construction and QA/QC activities to the Department.

19.110: Ground Water Protection Systems

(1) General Performance Standard. Landfills shall contain and collect leachate and minimize
the migration of leachate out of the landfill into the underlying ground water to the maximum
practicable extent and prevent the pollution of ground water during the active life of the facility
and the closure and post- closure periods.

(2) General Design Standards. Landfill ground water protection systems shall:
(a) be constructed of materials that are compatible with the leachate and gases expected to
be generated within the landfill;
(b) be constructed with a system to collect and contain leachate prior to treatment and/or
disposal;
(c) provide coverage of all areas to be filled with solid waste and all base perimeters likely
to be in contact with leachate;
(d) have a minimum slope of 2% over the entire ground water protection system;
(e) be constructed so that the slope of the liner provides positive drainage to those locations
along the perimeter of the landfill where the collection and removal is achieved;
(f) be constructed such that any liner, where the slope of the liner will be less steep than
four horizontal to one vertical (4:1) runs at least five feet (vertically) or to the top of side
slopes or berms if applicable;
(g) be capable of withstanding the physical and mechanical stresses associated with the site
and landfill development, operation and maintenance activities.
(h) be sufficiently strong and stable enough to withstand the static and seismic loads at the
site under all expected operating conditions; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.110: continued

(i) be designed with a factor of safety (FS) appropriate for the structure and situation being
evaluated. All factors of safety shall be identified and justified.

(3) Ground Water Protection System Components. Except as provided in 310 CMR
19.111: Alternative Groundwater Protection System Design, and 310 CMR 19.114: Ground
Water Protection System and Final Cover Waivers, ground water protection systems shall
consist, at a minimum, of:
(a) a sub-grade layer;
(b) a secondary composite liner;
(c) a leak detection and secondary collection system;
(d) a primary liner;
(e) a drainage layer or layers;
(f) a leachate collection system; and
(g) a leachate storage system unless the leachate collection system is to be directly
connected to a sewer system.

(4) Minimum Liner Configuration.

(a) For any area where the slope of the liner will be less steep than four horizontal to one
vertical (<4:1) and for the first five feet vertically on perimeter berms or side slopes, if any,
the landfill liner shall, at a minimum, be comprised of a double composite liner consisting
of:
1. a primary composite liner consisting of:
a. one foot of a low permeability compacted soil layer or admixture overlain by a
flexible membrane liner (FML); or,
b. a geosynthetic clay liner (GCL) overlain by a flexible membrane liner (FML);
2. a leak detection and secondary collection system located between the primary and
secondary liner; and
3. a secondary composite liner consisting of:
a. two feet of a low permeability compacted soil layer or admixture overlain by a
flexible membrane liner (FML); or,
b. one foot of a low permeability compacted soil layer overlain by a geosynthetic
clay liner (GCL) and a flexible membrane liner (FML).
(b) For any area where the slope of the liner will be steeper than or equal to four horizontal
to one vertical ($4:1) the landfill liner shall, at a minimum, be comprised of a double liner
consisting of:
1. a liner configuration that conforms to 310 CMR 19.110(4)(a); or
2. a double composite liner consisting of:
a. a primary composite liner consisting of a geosynthetic clay liner (GCL) overlain
by a flexible membrane liner (FML)
b. a leak detection and secondary collection system located between the primary and
secondary liner; and
c. a secondary composite liner consisting of one foot of a low permeability
compacted soil layer or admixture overlain by a flexible membrane liner (FML); or
3. a double liner consisting of:
a. a primary liner consisting of a FML;
b. a leak detection and secondary collection system located between the primary and
secondary liner; and
c. a secondary composite liner consisting of:
i. two feet of a low permeability compacted soil layer or admixture overlain by
a flexible membrane liner (FML); or
ii. one foot of a low permeability compacted soil layer overlain by a
geosynthetic clay liner (GCL) overlain by a FML.
(c) Any FML layer shall be constructed so that the FML material is in direct contact with
the low permeability soil layer or GCL layer directly below it. Where the GCL layer is to be
used in conjunction with a low permeability soil layer, the GCL layer shall be constructed
so that the GCL material is in direct contact with a the low permeability soil layer. Liner
components shall meet the design and performance criteria specified at 310 CMR 19.110(6)
through (11).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.110: continued

(5) Vertical Expansions over Existing Fill. The following requirements apply when a permit
review and approval is needed from the Department prior to placing additional waste vertically
(hydraulically upgradient) over previously landfilled areas with an existing liner system (or
where there is no liner) that does not comply with the groundwater protection system
requirements at 310 CMR 19.110(3) and (4). Waste that is being placed in areas under an
existing valid Authorization to Operate permit are not subject to 310 CMR 19.110(5) until the
capacity represented by that approval is exhausted.
(a) Areas Where there is no Existing Liner. Vertical expansions that will place waste over
an area that has no underlying groundwater protection system will be required to construct
a liner system in full compliance with 310 CMR 19.110(3) and (4).
(b) Areas Where there is an Existing Single Liner. Vertical expansions that will place waste
over an area that has an existing single liner (such as a soil only or FML only liner) will be
required to construct a liner system in full compliance with 310 CMR 19.110(3) and (4).
(c) Areas Where there is an Existing Single Composite Liner or a Double Liner that is not
a Double Composite Liner.
1. Performance Standard. A hydraulic separation layer shall be constructed using
technologies or components that will result in a system that prevents, to the maximum
extent possible, leachate generated in areas approved after the effective date of these
regulations from mixing with leachate collected in areas approved prior to these
regulations. In general, such systems shall use combinations of low permeability barriers
and high capacity drainage systems. All leachate intercepted by the hydraulic separation
layer shall be directed to and collected in a lined area designed in accordance with the
requirements of 310 CMR 19.110(4).
2. Design Standard. For facilities disposing of municipal solid waste (MSW) over an
existing single composite liner functioning as designed, where the expansion area will
operate for approximately two years or longer before installing a cap, and where the slope
of the hydraulic separation layer will be equal to or steeper than 4:1, the presumptive
design standard to meet the performance standard above shall be a single liner consisting
of:
a. a FML; or
b. a GCL; or
c. 18 inches of soil with a maximum permeability of 1x 10-7 cm/sec; and
d. a high performance drainage layer consisting of 12 inches of soil with a
permeability no less than 1 x 10-3 cm/sec or 12 inches of less permeable soil in
combination with a synthetic drainage layer such as a geonet.
In situations where the slope of the liner to be constructed over an existing composite
liner is less steep than 4:1, the presumptive design standard shall be a liner in accordance
with 310 CMR 19.110(4).
3. Further Considerations. In situations where the assumptions listed above at
310 CMR 19.110(5)(c)2. do not apply, the Department may approve alternative designs
that have different requirements than the presumptive design standard. The Department
will not approve an alternative design unless the applicant provides sufficient
information to the Department’s satisfaction that an alternative design will be as
protective of the public health, safety and the environment as the presumptive design.
a. More Stringent Requirements. Examples of when more stringent liner
requirements, such as double liners with leak detection, will be the presumed
requirement:
i. where an existing liner is not operating properly;
ii. where the slope of the separation layer will be less steep than 4:1;
iii. where the landfill is located in a sensitive environmental ___location such as a
sole source aquifer.
b. Less Stringent Requirements. Examples of when less stringent requirements may
be considered by the Department:
i. where MSW ash, C&D waste or other single source waste types are being
disposed and characteristics of the waste such as permeability, leachate quality
or other characteristics of the waste are considered;
ii. where the operating time in an area, before capping, will be less than two
years (segmentation of project length is not allowed);
iii. where an existing double liner underlines the affected area.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.110: continued

(d) Areas Where there is an Existing Double Composite Liner. The Department may
require the installation of a hydraulic separation layer between vertical or horizontal sections
or phases of a double composite lined landfill to isolate such areas for purposes of separately
monitoring the performance of the groundwater protection systems in those discrete areas.
(e) Notwithstanding the requirements at 310 CMR 19.111(1), alternative designs may be
reviewed subject to the equivalency review requirements at 310 CMR 19.105 or other
requirements as determined by the Department.

(6) Subgrade Layer Standards.

(a) Performance Standard. The subgrade layer shall provide adequate structural support for
the ground water protection system and the solid waste disposed in the landfill;
(b) Design Standards. The subgrade layer shall:
1. be compacted, uniform and free of debris, angular rocks, plant materials and other
foreign materials that may damage low permeability liner materials; and
2. be of sufficient thickness to ensure a minimum of four foot separation between the
top of bedrock or the maximum high ground water table, as determined using acceptable
methods, and the bottom of the lowermost low permeability layer.

(7) Low Permeability Layer (Liner) Standards.

(a) Performance Standards. A low permeability layer shall:
1. minimize to the greatest practicable extent the movement of leachate through the
liner;
2. be designed and constructed to meet the permeability design standard for the
expected life and post-closure period of the facility; and
3. be constructed in accordance with the quality assurance and quality control
requirements of 310 CMR 19.106.
(b) Design Standards.
1. Low Permeability Soil/Admixture Layer Standards. Compacted low permeability soil
or admixture layers shall:
a. have a minimum thickness of one foot when used in the primary composite liner
or have a minimum thickness of two feet when used in the secondary composite liner
unless a GCL is used in the secondary liner, or the secondary liner slope is greater
than or equal to a 4:1 slope, then only one foot is required;
b. have a maximum in-place saturated hydraulic conductivity of 1 x 10-7cm/sec.
throughout the entire thickness of the layer;
c. have a minimum post-settlement slope of two percent;
d. be free of materials that because of their physical, chemical or biological
characteristics may cause or contribute to an increase in the permeability of the liner
or otherwise cause a failure of the liner; and
e. be compacted to minimize void spaces and support the weight imposed by the
waste disposal operations without settling so as to cause or contribute to the failure
of the liner or leachate collection system.
2. Flexible Membrane Liner Standards. Flexible membrane liners shall:
a. be of sufficient thickness as determined by the Department;
b. be constructed to ensure that the seams connecting FML panels are of equal or
greater strength than the panels or manufacturer's seams within panels and are
oriented, as much as is practical, parallel to the slope and not across the slope;
c. have sufficient flexibility and strength for the proposed application, taking into
consideration tensile strength, puncturability, stress cracking and chemical
compatibility; and
d. be capable of being seamed to produce leak-tight, high- strength seams that retain
their integrity during liner installation, operating life and the post-closure period.
3. Geosynthetic Clay Liners (GCLs) Standards. Geosynthetic clay liners shall:
a. have sufficient bentonite (or similar low permeability clay) to provide an effective
low permeability layer;
b. be constructed to ensure that the bentonite (or similar low permeability clay) will
be distributed and retained uniformly and securely throughout the GCL during the
operating life and the post-closure period;
c. have sufficient durability for the proposed application, taking into consideration
hydration, chemical compatability, desiccation and other considerations that may
affect initial or long term performance; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.110: continued

d. be capable of being seamed or joined per standard industry practice to produce

leak-tight connections that retain their integrity during the operating life and the post-
closure period.

(8) Drainage/Protection Layers.

(a) Performance Standard. Drainage/protection layers shall:
1. provide continuous and freeflowing drainage over the entire liner; and
2. provide adequate protection to the liner from equipment and solid waste disposed in
the landfill.
(b) General Design Standards. The drainage/protection layer shall use materials and be
designed and constructed so that:
1. the drainage layer will not become clogged or in any other way be impaired from
allowing free-flowing drainage of leachate;
2. when used as a part of the primary leachate collection system the layer shall;
a. have a minimum thickness of 18 inches;
b. when a soil is used, the lower 12 inches has a minimum in-place hydraulic
conductivity of 1 x 10 -2 cm/sec and the upper six inches has a minimum hydraulic
conductivity of 1 x 10 -3 cm/sec; or
c. when a synthetic drainage layer is used, it shall be designed in accordance with
310 CMR 19.110(8)(c); and
d. be designed in accordance with 310 CMR 19.110(9).
3. when used as a part of a secondary leachate collection or leak detection system the
layer shall;
a. have a minimum thickness of 12 inches with a minimum in-place hydraulic
conductivity of 1 x 10 -2 cm/sec when a soil is used; or
b. be a synthetic drainage layer designed in accordance with 310 CMR 19.110(8)(c);
and
c. be designed in accordance with the 310 CMR 19.110(8).
4. the integrity of the layer is maintained by preventing the infiltration of fine material
by being bound, as necessary, on its upper and/or lower surfaces with filter material, such
as a geotextile filter fabric.
(c) Synthetic Drainage Material (Geonet) Design Standards. In addition to the standards
specified at 310 CMR 19.110(7)(a) and (b), geonets used as a part of a drainage /protection
layer shall:
1. be of sufficient strength to prevent deformation and impairment of function by the
weight of vehicles and the solid waste to be disposed;
2. have sufficient flow capability;
3. be designed and evaluated for its effective long-term flow capacity using reasonable
and acceptable evaluation methods that consider factors that may reduce (reduction
factors) the design flow capacity caused by, but not limited to, overburden forces,
(deformation, creep, etc.),intrusion by overlying materials such as filter fabrics or soil,
and chemical or biological clogging; and
4. be designed with an overall safety factor (for flow capacity) appropriate to ensure the
effective long-term performance of the drainage layer.

(9) Leak Detection and Secondary Collection Systems Between Liners.

(a) Performance Standards. Leak detection and secondary leachate collection systems shall
provide for detection of leakage of leachate through the primary or uppermost liner and the
collection and removal of leachate from the secondary liner.
(b) Design Standards. A leak detection and secondary collection system shall be designed:
1. to collect and remove leachate discharged into a drainage layer between the primary
and secondary liners with an efficiency so that a leakage rate of ten gallons per day/per
acre, or greater, will be detected within 24 hours of initial saturation;
2. to the extent feasible, identify the general ___location of the leak;
3. to allow the quantity and quality of leachate, or any liquid, in the leak detection
system, to be measured and analyzed separately from the leachate in the primary leachate
collection system;
4. with an Action Leakage Rate (ALR) which shall be reasonable and appropriate based
upon the design and components of the double liner system;
5. so that the head in the secondary collection system will not, in general, exceed the
thickness of the drainage layer between the liners; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.110: continued

6. with a leak response plan that details the actions to be taken to evaluate and, when
required, eliminate the cause of the leak.
(c) Action Leakage Rate (ALR).
1. The maximum action leakage rate shall be 100 gallons per acre/day, based on a 30-
day rolling average (any consecutive 30 day period), unless the Department has
established another action leakage rate for that facility, phase or operational period;
2. An ALR shall be identified for each stage of the operational life of the liner system;
3. Where leakage into the leak detection system is occurring at a rate greater than one
half the ALR, the owner or operator of the facility shall notify the Department in writing
within 72 hours. Such notification needs only to be made once in any 30 day period.
4. Where a single day leakage rate exceeds twice the ALR, the owner or operator of the
facility shall notify the Department, in writing, within 48 hours.
5. In the event of leakage through the primary liner the facility shall take appropriate
corrective action based on the quality and quantity of leachate collected or detected as
determined by the Department.

(10) Primary Leachate Collection and Removal Systems.

(a) Performance Standards. Leachate collection and removal systems shall:
1. collect and remove the leachate generated by the landfill as quickly and efficiently
as is practicable;
2. provide for the drainage of leachate from the liner into appropriate storage, treatment
or transfer facilities;
3. be designed to ensure that the hydraulic head of leachate can be maintained at less
than one foot at the expected flow except during storm events and be designed to drop
below one foot within seven days of a 25-year storm for the primary operational phase
of the landfill.
(b) Design Standards. The following design standards shall apply to primary leachate
collection systems:
1. pipes shall be placed within a drainage layer in material which meets the standards
set forth at 310 CMR 19.110(7);
2. pipes shall have sufficient diameter and spacing to be capable of freely draining the
maximum expected leachate flow from the liner;
3. trunk lines shall have a minimum slope of 1%;
4. lateral lines shall have a minimum slope of ½%;
5. pipes shall be of sufficient thickness and strength to support the maximum static and
dynamic loads of vehicles and overlying solid waste without failing;
6. piping systems shall be designed with sufficient access points to permit maintenance
cleaning as necessary;
7. the number of penetrations of the liner shall be minimized. Penetrations of the liner
shall be properly sealed to prevent leakage and wherever possible be designed with
access so as to repair damaged seals; and
8. all sump areas shall be designed to allow access for maintenance of pumps and, at a
minimum, provide for remote inspection.

(11) Leachate Storage Facilities.

(a) Performance Standard. Leachate storage facilities shall provide for leak-tight storage of
the leachate reasonably expected to be generated by the landfill.
(b) Design Standards. Leachate storage facilities shall:
1. conform to the criteria established by the Department's regulations for industrial
wastewater holding facilities, 314 CMR 18.00: Industrial Wastewater Holding Tank and
Container Construction Operation and Recordkeeping Requirements;
2. have sufficient strength to ensure that the tank does not collapse or rupture;
3. be located outside the landfill liner system;
4. have sufficient capacity to store the leachate generated by the landfill;
5. be designed with a monitoring device to accurately monitor the volume of liquid
collected within the storage facility and be equipped with a system capable of warning
the operator when the tank requires pumping; and
6. incorporate secondary containment or a leak detection system.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.111: Alternative Ground Water Protection System Design

Landfill ground water protection systems designed using materials, technologies or

methodologies other than those expressly provided for under 310 CMR 19.110: Ground Water
Protection Systems, may be permitted by the Department provided the proponent affirmatively
demonstrates to the Department's satisfaction that the alternative ground water protection system
design meets the standards established under 310 CMR 19.105: Equivalency Review Standards
and Procedures.

19.112: Landfill Final Cover Systems

(1) General Performance Standards. The final cover system shall:

(a) minimize the percolation of water through the final cover system into the landfill to the
greatest extent practicable;
(b) promote proper drainage of precipitation ;
(c) minimize erosion of the final cover;
(d) facilitate the venting and control of landfill gas;
(e) ensure isolation of landfill wastes from the environment; and
(f) accommodate settling and subsidence of the landfill such that the above performance
standards will continue to be met.

(2) General Design Standards. The final cover system shall:

(a) have a final top slope of not less than 5% and side slopes no greater than three horizontal
to one vertical (3:1);
(b) be constructed of material(s) that are compatible with gases and leachate expected to be
generated;
(c) be constructed so as to minimize erosion of all layers of the final cover by using terraces
or other appropriate stormwater controls;
(d) be constructed so that the low permeability layer is protected from the adverse affects
of frost and/or freeze/thaw cycles;
(e) be constructed to maintain slope stability;
(f) be sufficiently strong and stable enough to withstand the static and seismic loads at the
site under all expected operating conditions; and
(g) be designed with a factor of safety (FS) appropriate for the site-specific closure being
evaluated. All factors of safety shall be identified and justified.

(3) Final Cover System Components. Except as provided in 310 CMR 19.113: Alternative
Landfill Final Cover System Design, or 19.114: Ground Water Protection System and Final
Cover Waivers, the final cover system shall, at a minimum, consist of:
(a) the subgrade layer;
(b) a landfill gas venting layer unless the the subgrade layer is designed to function as a gas
venting layer, or there is an active gas collection and extraction system and it is demonstrated
that a gas venting layer is not needed;
(c) a low permeability layer or layers;
(d) a drainage layer;
(e) filter material (when required);
(f) a layer capable of supporting vegetation;
(g) the vegetative cover; and
(h) other components as may be required by the Department.

(4) Subgrade Layer Standards.

(a) Performance Standards. The subgrade layer shall provide adequate structural support for
the final cover system and be capable of accommodating any anticipated subsidence or
settling without impairing its ability to provide structural support;
(b) Design Standards. The subgrade shall:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.112: continued

1. be free of materials that may damage or abrade the low permeability layer or venting
layer; and
2. be of sufficient thickness to cover all solid waste.

(5) Landfill Gas Venting Layer.

(a) Performance Standard. A landfill gas venting layer shall provide for the free movement
of landfill gas out of the landfill to gas control devices or vents.
(b) Design Standard. Landfill gas venting layers shall:
1. be placed below the low permeability layer to facilitate the collection and control of
landfill gases;
2. be of sufficient thickness and hydraulic conductivity to facilitate venting of landfill
gases from below the low permeability layer;
3. be composed of either:
a. soil material that has:
i. a minimum thickness of six inches; and
ii. a hydraulic conductivity equal to or greater than 1 x 10-3 cm/second; or
b. synthetic material (geonet) which shall:
i. be of sufficient strength to prevent deformation and impairment of function
by the weight of vehicles or the final cover; and
ii. have sufficient flow capability.
4. be bound on its upper and/or lower surface with filter material where needed to
prevent the infiltration of fine material and to maintain the integrity of the layer.

(6) Low Permeability Layer Standards.

(a) Performance Standard. A low permeability layer shall:
1. to the greatest extent practicable, minimize the movement or percolation of water into
the landfill;
2. promote positive drainage of the landfill final cover system and prevent erosion; and
3. be designed and constructed to remain impervious for the expected life and
post-closure period of the facility; and
4. be constructed in accordance with the quality assurance and quality control
requirements of 310 CMR 19.106.
(b) Design Standards.
1. Low Permeability Soil/Admixture Layer Standards. Compacted low permeability
soil or admixture layers shall:
a. have a minimum compacted thickness of 18 inches;
b. be constructed using materials that have a maximum in-place saturated hydraulic
conductivity of 1 x 10-7cm/sec throughout the entire thickness of the layer;
c. be compacted to minimize void spaces;
d. be capable of supporting the weight imposed by the post-closure use without
settling or causing or contributing to the failure of the low permeability layer; and
e. be free of materials that, because of their physical, chemical or biological
characteristics, may cause or contribute to an increase in the permeability of the low
permeability layer or otherwise cause a failure of the low permeability layer.
2. Flexible Membrane Liner Standards. Flexible membrane liners shall:
a. be of sufficient thickness as determined by the Department;
b. be constructed to ensure that the seams connecting FML panels are of equal or
greater strength than the panels or manufacturers's seams within panels and are
oriented parallel, as much as is practical, to the slope and not across the slope;
c. have sufficient flexibility and strength for the proposed application, taking into
consideration tensile strength, puncturability, stress cracking and chemical
compatibility; and
d. be capable of being seamed to produce leak-tight, high-strength seams that retain
their integrity during final cover installation and the post-closure period.
3. Geosynthetic Clay Liners (GCLs) Standards. Geosynthetic clay liners shall:
a. have sufficient bentonite (or similar low permeability clay) to provide an effective
low permeability layer;
b. be constructed to ensure that the bentonite (or similar low permeability clay) will
be distributed and retained uniformly and securely throughout the GCL during the
operating life and the post-closure period;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.112: continued

c. have sufficient durability for the proposed application, taking into consideration
hydration, desiccation and other considerations that may affect initial or long term
performance; and
d. be capable of being seamed or joined to produce leak-tight connections that retain
their integrity during the operating life and the post-closure period.

(7) Drainage Layers.

(a) Performance Standard. Drainage layers shall provide continuous and freeflowing
drainage over the entire low permeability layer.
(b) Design Standards. The drainage layer or system shall:
1. be placed above the low permeability layer;
2. be of sufficient thickness and hydraulic conductivity to drain the immediate and
up-gradient areas of the final cover;
3. be designed so that the head in the drainage layer will not exceed the thickness of the
drainage layer;
4. be designed based on the hydraulic loadings resulting from the actual materials used
in the final cover system, such as the vegetative support layer infiltration rate;
5. be composed of either:
a. soil material that has:
i. a minimum thickness of six inches; and
ii. a hydraulic conductivity equal to or greater than 1 x 10-3 cm/second; or
b. synthetic drainage material (geonet) that shall:
i. be of sufficient strength to prevent deformation and impairment of function
by the weight of vehicles or the final cover;
ii. have sufficient flow capability;
iii. be designed and evaluated for its effective long-term flow capacity using
reasonable and acceptable evaluation methods that consider factors that may
reduce (reduction factors) the design flow capacity caused by, but not limited to,
overburden forces, (deformation, creep, etc.),intrusion by overlying materials
such as filter fabrics or soil, and chemical or biological clogging; and
iv. be designed with an overall factor of safety appropriate for the effective
long-term performance of the drainage layer.
6. be bound on its upper and/or lower surface with filter material where needed to
prevent the infiltration of fine material and to maintain the integrity of the layer; and
7. be maintained to prevent conditions that could compromise the integrity of the
landfill or cause erosion.

(8) Filter Material Standards. Filter material, where placed, shall be capable of preventing the
migration of fine soil particles into the drainage or venting layer.

(9) Vegetative Support/Protection Layer Standards.

(a) Performance Standards. The vegetative support/protection layer shall:
1. be of sufficient thickness and composition to support the selected vegetation;
2. protect underlying layers from the adverse effects of desiccation, extremes of
temperature, including frost effects, and erosion;
(b) Design Standards. There shall be at least 18 inches of soil material above the low
permeability layer (310 CMR 19.112(6)). This 18 inches may be composed of soil in the
vegetative support/protective layer (310 CMR 19.112(9)) and soil in the drainage layer (310
CMR 19.112(7)). The vegetative support/protection layer shall:
1. consist of a topsoil, loam or equivalent type of soil-based vegetative support material
with a minimum organic content of 3%;
2. consist of at least 12 inches of soil capable of supporting the selected vegetation and
any additional soil material needed to create the required total thickness; or
3. consist of at least eight-nine inches of soil with an organic content of 8-10% capable
of supporting the selected vegetation in conjunction with a 12-inch thick drainage layer
for a total vegetative/protection layer depth of 20-21 inches.

(10) Vegetative Cover Standards.

(a) Performance Standards. The vegetative cover shall:
1. provide complete coverage of the landfill;
2. minimize erosion of underlying material;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.112: continued

3. promote evapotranspiration of water to the maximum practicable extent;

4. provide for an effective and permanent cover compatible with the site;
5. have root systems that shall not compromise the drainage layer or low permeability
layer; and
6. be composed of plants which shall be capable of self propagation.

19.113: Alternative Landfill Final Cover System Design

Landfill final cover systems designed using components, materials, technologies or

methodologies other than those expressly provided for under 310 CMR 19.112: Landfill Final
Cover Systems, may be approved by the Department provided that either the proponent
affirmatively demonstrates to the Department's satisfaction that the alternative final cover system
design meets the standards established under 310 CMR 19.105: Equivalency Review Standards
and Procedures, or, as a result of a site-specific assessment, performed pursuant to 310 CMR
19.150: Landfill Assessment Requirements, the Department determines that an alternative design
would adequately protect public health, safety and the environment. The final cover material
used in an alternative final cover designed for a landfill that accepted waste after October 9,
1991, shall have a maximum hydraulic conductivity of 1 X 10-5 cm/sec.

19.114: Ground Water Protection System and Final Cover Waivers

(1) Applicability. 310 CMR 19.114 is not applicable to landfills handling municipal solid
wastes or solid waste combustion facility ash. The owner or operator of other types of landfills
may apply for a waiver from one or more of the ground water protection system or final cover
requirements pursuant to 310 CMR 19.114(2).

(2) Waiver Criteria. The Department, upon written request, may waive or modify one or more
of the ground water protection system or final cover system design components specified under
310 CMR 19.110(4) or 19.112(3), respectively, when the operator satisfies the Department that
components of a ground water protection system or final cover are not necessary to adequately
protect ground and surface waters due to the characteristics of solid waste disposed in the
landfill, the nature of the leachate likely to be produced by the landfill and the physical or
hydrogeological characteristics of the site.

19.115: Storm Water Controls

(1) Performance Standard. Storm water controls shall prevent erosion, discharge of pollutants,
protect the physical integrity of the landfill and be managed according to applicable standards
established by the Department, including but not limited to, wetlands protection regulations at
310 CMR 10.05(6)(b), and the Department’s Storm Water Policy. For purposes of meeting
stormwater standards established by the Department, recharge shall be permitted at the landfill
only where the recharge will not adversely impact the quality of groundwater leaving the site.
Peak rate attenuation shall be in accordance with that described in 310 CMR 19.115(2): Design
Standards, and source controls and pollution prevention measures (including design of the
landfill) shall be implemented to prevent discharge of pollutants. This standard applies to the
construction, operational and post-operational phases of the landfill.

(2) Design Standards. Storm water controls shall be designed to:

(a) prevent flow onto the active portion of the landfill (i.e., any area without intermediate
or final cover) during the peak discharge from a 24 hour, 100-year storm;
(b) control the peak rate of run-off from the entire landfill resulting from a 24 hour, 25-year
storm; and
(c) control the peak rate of run-off from the landfill resulting from a 24 hour, 100-year
storm, to the extent practicable, if an evaluation of the peak rate of run-off resulting from
a 24-hour, 100-year storm indicates there will be flooding up or downstream of the site using
the most recent precipitation atlas approved for use by the United States National Weather
Service, or their predecessor the U. S. Weather Bureau to determine the rainfall depth
associated with the 100-year storm (currently Technical Paper-40, published May, 1961).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.116: Surface and Ground Water Protection

Landfills shall prevent direct discharge of contaminated run-off or leachate from the landfill
to any surface water bodies or to ground water, except in accordance with a Massachusetts
Surface Water Discharge Permit or Ground Water Discharge Permit issued by the Department
pursuant to 314 CMR 5.00 or 7.00, respectively, and a National Pollution Discharge Elimination
System permit issued by the U.S. Environmental Protection Agency.

19.117: Air Quality Protection Systems

(1) General Performance Standard. Landfills shall control the concentration levels of explosive
and malodorous gases and other air pollutants as necessary in order to maintain air quality and
to prevent the occurrence of nuisance conditions or public health or safety problems.

(2) General Design Standard. Air quality protection systems shall be designed to control the
concentration of explosive gases to no greater than 25% of the Lower Explosive Limit (LEL) at
the property boundary at any time, excluding gas control or recovery system components or any
leachate collection components, or 10% of the LEL in any building, structure, or underground
utility conduit.

(3) Gas Vents. At a minimum, passive gas vents shall be provided at all facilities in all areas
of the landfill over which final cover has been applied.
(a) Performance Standard. Landfill gas vents shall allow for the movement and adequate
venting of landfill gases in order to prevent the buildup of explosive concentrations of gas
and prevent the lateral migration of gases beyond the boundaries of the landfill.
(b) Design Standards. Landfill gas vents shall be designed:
1. to maintain the integrity of the low permeability cap at the penetration of the cap;
2. to provide adequate venting of landfill gases;
3. with 'T's, goosenecks or other equivalent cap at the top of the riser pipe to allow
effective venting;
4. to allow for retrofitting for active gas recovery or treatment at a later time if required;
5. to operate without clogging; and
6. to remain secure from vandalization.

(4) Installation. Gas vents shall be installed concurrently with the phased construction of a
facility and in accordance with any permits or orders issued by the Department.

(5) Landfills shall demonstrate that they are in compliance with the State and Federal air quality
regulations, including but not limited to, New Source Performance Standards (NSPS) and
Maximum Achievable Control Technology (MACT) requirements. In general a facility must
document:
(a) which federal air quality regulations are applicable to the facility, either initially or at
full build-out; and,
(b) how the facility will comply with all applicable state and federal air quality regulations.

19.118: Ground Water, Surface Water and Gas Monitoring Systems

(1) General Performance Standard. Any person conducting landfill activities shall install,
operate and maintain a ground water monitoring system, surface water monitoring system and
landfill gas monitoring system capable of detecting and quantifying the release of contaminants
into the ground, ground water, surface water or the air.

(2) Ground Water Monitoring Systems.

(a) Performance Standard. A ground water monitoring system shall:
1. be capable of yielding representative ground water samples for analysis; and
2. consist of a sufficient number of wells properly located and screened at appropriate
depths to detect the release of contaminants from the landfill into the ground water.
(b) Design Standards. A ground water monitoring system shall:
1. at a minimum be composed of one monitoring well or cluster of wells installed
hydraulically upgradient from the limit of the filled or proposed fill area capable of
yielding ground water samples which are representative of background ground water
quality;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.118: continued

2. at a minimum be composed of three monitoring wells, or clusters of wells, installed

within 150 meters of filled areas proposed to be filled or at the property boundary,
whichever is less, and located hydraulically downgradient from the limit of the filled
areas or areas proposed to be filled and capable of detecting contaminants that migrate
from the landfill to the ground water.
3. be composed of wells drilled by a person licensed under Well Driller Regulations,
313 CMR 3.00:
4. be composed of wells constructed in a manner, approved by the Department, that
ensures the integrity of the monitoring well and facilitates the collection of samples;
5. be composed of wells readily accessible to sampling equipment and located so that
they do not interfere with routine facility operations; and
6. be composed of wells designed with locking caps and secured to prevent tampering
with or vandalism.

(3) Surface Water Monitoring Systems

(a) Performance Standard. Where required by the Department, permanent surface water
sampling ___location markers shall be established upstream and downstream of the solid waste
landfill facility in sufficient numbers and locations to adequately represent surface waters
flowing through or past the facility.
(b) Design Standard. All surface water sampling locations shall be readily accessible to
sampling equipment and located so that they do not interfere with routine facility operations.

(4) Gas Monitoring Systems

(a) Performance Standard. Gas monitoring wells for the monitoring of explosive and other
landfill gases shall be provided at all landfills to determine if gas is migrating beyond the
boundaries of the landfill and shall:
1. be capable of yielding representative air samples for analysis; and
2. consist of a sufficient number of wells properly located to detect the presence and
migration of landfill gases.

19.119: Design Requirements for Ash Landfills

(1) Applicability. In addition to the regulations set forth in 310 CMR 19.100 et seq., 310 CMR
19.119 shall apply to all new landfills or upgrades and expansions of existing landfills, or parts
thereof, in which ash and/or residues from solid waste combustion facilities burning municipal
solid wastes are disposed. For the purposes of 310 CMR 19.000, such facilities shall be termed
"ash landfills".

(2) Plans for Ash Landfills. Plans for ash landfills shall include all components and be
submitted in accordance with the requirements of 310 CMR 19.104. In addition to the submittal
requirements specified in 310 CMR 19.104, the plans for an ash landfill shall include:
(a) a discussion of how ash will be transported to and handled at the landfill, including any
ash stabilization procedures; and
(b) a description of the means by which fugitive emissions of ash will be controlled.

(3) Ash Landfill Design.

(a) Ash landfills shall incorporate the design requirements for landfills set forth at 310 CMR
19.110 through 19.118, including ground water protection systems and final cover systems,
except that ash landfills that will not co-dispose MSW and are not located on top of existing
solid waste landfills may not be required to comply with 310 CMR 19.112(5) and 19.117 for
installation of a gas collection system.
(b) Ash landfills shall be designed to ensure that:
1. the ash is underlain by a ground water protection system meeting the performance
and design standards for liners set forth in 310 CMR 19.110. Where an ash landfill
expansion is proposed over a previously landfilled area with an existing liner, a ground
water protection system in accordance with 310 CMR 19.111: Alternative Ground Water
Protection System Design, shall be required; and
2. fugitive emissions of ash are minimized.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.120: Design Requirements for Woodwaste Landfills

(1) Applicability.
(a) Landfills that accept only woodwastes, as defined herein, may be permitted by the
Department using designs, materials, technologies or methodologies other than those
specified in 310 CMR 19.110 and 19.112, provided that the operation of the woodwaste
landfill will accept only woodwastes and will not present a threat to public health, safety or
the environment. Specifically, woodwaste landfill applications may include an application
for a ground water protection system waiver and/or final cover waiver as specified in 310
CMR 19.114.
(b) The following woodwaste disposal areas are exempt from regulation under this part,
provided the operation incorporates good management practice and is done in a manner to
minimize pollution to air, water or other natural resources of the Commonwealth:
1. woodwaste disposal areas exempted from site assignment pursuant to 310 CMR
16.05(5)(d) (single family residence or farm); and
2. other woodwaste disposal areas which will contain a total volume of less than 200
cubic yards.

(2) Plans for Woodwaste Landfills. Plans for woodwaste landfills shall be submitted in
accordance with the requirements of 310 CMR 19.104. The Department may waive some of the
landfill facility design requirements specified at 310 CMR 19.104 as it deems appropriate for
woodwaste landfills.

19.121: Landfill Gas Recovery Operations

(1) General. Landfills conducting gas recovery operations shall conduct such operations and
monitoring in accordance with 310 CMR 19.121 and the approved design, operation and
maintenance plans and in a manner to prevent interference with on-going site activities or other
control measures.

(2) Submittal of Landfill Gas Recovery Plans. All persons proposing to construct a landfill gas
recovery facility shall submit an application for a permit to construct and operate that facility
pursuant to 310 CMR 19.121. An application shall consist of:
(a) a site plan containing the information and documentation required at 310 CMR
19.104(2)(a) through (c) and (i);
(b) a design plan consisting of:
1. a description of all machinery, equipment, and materials used at the facility, including
the equipment's make, model, manufacturer, design capacity, and performance data;
2. plan views and cross-sectional views of the ___location and grades of all landfill gas
collection lines showing all critical elevations of the collection pipe inverts, clean outs,
and valves; layout of the facility structure including equipment locations and sampling
locations; on-site drainage structures; and extraction well locations, depth of placement
and construction materials;
3. a description of how construction of the facility's gas recovery extraction wells,
piping and other appurtenances will ensure the integrity of the final cover system is
maintained; and
4. a description of the facility's landfill gas condensate collection, storage, and treatment
systems. The design capacity for these systems must be based on the engineering report's
estimate of the amount of landfill gas condensate produced.
(c) an operation and maintenance plan consisting of the information and documentation
required at 310 CMR 19.104(5)(b) through (d) and (f); and
(d) an engineering report consisting of:
1. a description of the operation of the facility and how the recovered gas will be used;
2. an estimate of the quantities of condensate currently generated or expected to be
generated and a description of how the condensate will be disposed;
3. an estimate of the cost to properly close the gas recovery operation at the end of its
useful life;
4. a description of how the landfill gas recovery system relates to the landfill's overall
gas venting and control system;
5. a description of the procedures for taking, analyzing, and reporting data from
condensate sampling; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.121: continued

6. a contingency plan that discusses an organized and planned method of responding to

unexpected events during the construction and during the operation of a gas recovery
operation.

(3) Permit Criteria. A permit to construct a landfill gas recovery facility shall be reviewed and
granted pursuant to the review procedures specified under 310 CMR 19.001 through 19.099. In
addition, all gas recovery facilities that use combustion of any type shall be permitted, designed
and operated in accordance with all applicable requirements of the Air Pollution Control
regulations, 310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts through 8.00: Prevention and/or Abatement of Air Pollution Incident
Emergencies.

(4) Landfill Gas Recovery Facility Operation and Maintenance Requirements. Landfill gas
recovery facilities shall conform to the operational requirements established in 310 CMR 19.121,
including:
(a) condensate generation shall be kept to a minimum and condensate recirculation, if
proposed, shall be done in accordance with the permit;
(b) condensate shall be sampled and results reported in accordance with the permit;
(c) gas monitoring shall occur in accordance with 310 CMR 19.132(4); and
(d) an annual report on the operation of the landfill gas recovery facility shall be submitted
to the Department as specified in the permit. This report shall contain the following
information, compiled on a monthly basis:
1. quantity of landfill gas recovered;
2. quantity of condensate generated and recirculated or treated;
3. quantity of steam generated, electricity generated, or low Btu or pipeline quality gas
produced, as applicable; and
4. summary of sampling data.

19.130: Operation and Maintenance Requirements

(1) General. An operator shall incorporate procedures and practices, in accordance with
approved plans and permit conditions, such as proper sequencing of landfill operations, proper
grading of the site, proper maintenance of drainage and collection systems, and the application
of adequate amounts and appropriate types of cover materials, which will prevent pollution of
ground water, surface water and air quality and prevent nuisance conditions from developing.

(2) Operator Supervision. The overall care, maintenance and management for a landfill shall
be under the direction of a qualified operator.

(3) Special Wastes. No solid waste that is a special waste shall be received or disposed at any
landfill unless the provisions of 310 CMR 19.061 are satisfied and the special waste is managed
in accordance with any conditions specified by the Department in any approval to manage the
special waste.

(4) Banned or Restricted Solid Wastes. Any solid waste which has been banned or restricted
from disposal pursuant to 310 CMR 19.017 shall be managed at a landfill in accordance with the
facility’s waste ban compliance plan prepared and approved in accordance with 310 CMR
19.017(5) unless an exception has been granted under 310 CMR 19.017(6).

(5) Hazardous Waste.

(a) No operator shall dispose of any material subject to the Hazardous Waste Regulations,
310 CMR 30.000, at a solid waste landfill permitted pursuant to M.G.L. c. 111, § 150A.
(b) The operator shall implement a program, approved by the Department, for detection and
exclusion of hazardous wastes.
(c) The operator shall immediately notify the Department and the board of health of the
discovery of any material subject to 310 CMR 30.000: Hazardous Waste.

(6) Bulky Wastes.

(a) An operator may accept bulky wastes where:
1. the handling of such wastes is consistent with the facility's permit or site assignment;
and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

2. the handling and/or disposal of such wastes can be carried out in a manner which is
manageable and compatible with the facility's operation and maintenance plan and
environmental control systems.
(b) The Department may disallow or place conditions on the handling or disposal of bulky
waste at a landfill in order to protect the engineering or operational integrity of the facility.

(7) Liquid Wastes.

(a) No liquid wastes shall be disposed at landfills. Contained liquid wastes generated by and
produced in the normal operation of a household, excluding septage, shall not be considered
to be liquid wastes unless expressly excluded through 310 CMR 19.017: Waste Bans.
(b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely
or contains free draining liquids, as determined by the Department using the Paint Filter
Liquids Test, Method 9095 as described in USEPA Publication SW-846, as may be
amended.

(8) Solid Waste Handling.

(a) Solid waste shall not be deposited in, or be allowed to enter surface or ground waters
of the Commonwealth.
(b) Solid waste or other discarded materials shall not be unloaded unless the operation is
under the direct supervision of the operator.
(c) The operator shall post, using appropriate signs or other means, where vehicles are to
unload solid waste at the landfill.
(d) The deposition of solid waste shall be confined to the smallest area feasible.

(9) Bird Hazards. The operator of facilities located in the proximity of airports shall operate
and maintain the facility in a manner so as to ensure that the facility shall not pose a bird hazard
to aircraft.

(10) Equipment and Equipment Shelter.

(a) The operator shall provide equipment in adequate numbers and of appropriate type and
size to ensure adequate compaction of solid waste and the proper operation and maintenance
of the facility.
(b) Equipment shall not be in direct contact with the drainage/protection layer during
landfilling activities.
(c) The operator shall make provisions for and ensure that backup equipment is obtained
within 24 hours should the equipment used in daily operations become disabled for more
than 24 hours. The facility shall cease operations should equipment not be available until
such time as it becomes available to properly operate the facility.
(d) The operator shall provide suitable shelter or protection as necessary for all equipment
and necessary service supplies used in connection with facility operations.

(11) Staffing.
(a) The operator shall provide an adequate number of trained staff to ensure that the facility
is operated and maintained as designed and in accordance with good solid waste management
practices.
(b) During posted hours of operation the operator shall be continuously present at the
landfill.

(12) Employee Facilities.

(a) The operator shall provide proper shelter and facilities for employees working at the
facility. The shelter and facilities shall contain:
1. sufficient light and heat;
2. a safe drinking water supply;
3. sanitary handwashing and toilet facilities;
4. an operational telephone or two-way radio system; and
5. other equipment or appurtenances necessary for full compliance with OSHA and
Department of Labor and Industries regulations.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

(13) Accident Prevention and Safety.

(a) All employees shall be instructed in the principles of first-aid and safety and in the
specific operational procedure necessary to prevent accidents.
(b) The operator shall provide for the availability and maintenance of adequate first-aid
supplies at the site at all times.
(c) The operator shall provide for two-way radios or telephones and ensure that the numbers
for emergency medical care and ambulances are posted at the site.

(14) Spreading and Compacting of Solid Waste.

(a) All solid waste shall be evenly spread in shallow layers not exceeding three feet in
thickness prior to compaction.
(b) Each layer shall be thoroughly compacted prior to the spreading and compaction of each
additional layer.

(15) Cover Material.

(a) General. All cover material shall:
1. control fires, vectors, the occurrence of nuisance conditions such as odors, dust or
litter, and be placed in a manner so as to minimize erosion by wind and/or water;
2. maintain a physical separation of the solid waste from the surface environment.
3. be substantially odor free;
4. consist of materials suitable for carrying out the geotechnical and other functions of
the cover material; and
5. be free of substances which would attract vectors and free of large objects which
would hinder spreading and compaction or otherwise interfere with the proper functions
of cover material.
(b) Effective Use. The Department reserves the right to limit the types and quantities of
cover material used at a facility to meet the engineering function of that use, maximize
capacity allocation or to otherwise address the waste management needs of the
Commonwealth.
(c) Daily Cover.
1. Daily cover material shall be workable under all weather and operational conditions.
2. A minimum of six inches of compacted soil shall be applied:
a. over all exposed solid waste at the end of each working day; or
b. more frequently and/or at greater depth, if necessary, to prevent fire and control
vectors, odors, or blowing litter and to ensure that there is no exposed refuse.
3. A minimum quantity of daily cover material sufficient for 14 working days
operations shall be stockpiled at the landfill site at all times.
4. Daily cover shall not be used in quantities greater than are necessary to achieve
compliance with the requirements at 310 CMR 19.130(15)(a). Any quantity of daily
cover used above this amount, except where stipulated, is considered disposal.
5. Upon written request, the Department may approve in writing, the use of alternative
daily cover materials and/or different thicknesses of daily cover pursuant to 310 CMR
19.105: Equivalency Review Standards and Procedures. Where non-soil cover materials
are proposed the material must meet or exceed the standards established at 310 CMR
19.130(15)(a) and (b).
(d) Intermediate Cover.
1. Intermediate cover material shall be used to prevent or minimize the infiltration and
percolation of water into the landfill.
2. Intermediate cover shall be applied under the following circumstances:
a. a minimum of six inches of uniformly compacted intermediate cover, in addition
to the daily cover, shall be applied on the exterior top and side slopes of any filled
areas of a landfill which has not received or will not receive solid waste for 30 days
or other time period as approved by the Department; or
b. a minimum of one foot of uniformly compacted intermediate cover in addition
to the daily cover, shall be applied on the exterior top and side slopes of any filled
areas of a landfill which has not or will not receive solid waste for six months or
longer or other time period as approved by the Department.
3. Acceptable Materials.
a. The following soils, classified pursuant to the Unified Soil Classification System,
may be used without prior Departmental approval: G.C., S.C., C.H., C.L. and O.H.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

b. All other soils proposed for use as intermediate cover at a landfill shall be tested
by a qualified laboratory and be approved as intermediate cover by the Department
prior to placement.
4. Other Materials. Upon written request, the Department, pursuant to 310 CMR
19.105: Equivalency Review Standards and Procedures, may approve, in writing, the
use of synthetic covers or other alternatives if such materials provide equivalent or
greater protection than the materials listed in 310 CMR 19.130(15)(c)3.a.
(e) Final Cover.
1. The application of final cover, or alternate in accordance with 310 CMR 19.112,
19.113 or 19.114, shall begin to be applied to a section of the landfill as soon as possible,
but no later than 90 days, or other schedule as approved by the Department, after the
circumstances specified in 310 CMR 19.130(15)(e)1.a. and b. When greater than 30 days
of the 90 day period falls between November 1st and March 1st, final cover shall begin to
be applied no later than the following April 1st.
a. Active landfills:
i. whenever a new lift has not or will not be applied within a one year period
unless the area is permitted to accept additional waste;
ii. upon reaching final approved elevations;
iii. whenever a phase of the landfill has been completed; or
iv. whenever the permit expires or terminates for any reason, or is revoked.
b. Inactive landfills:
i. in accordance with schedules established pursuant to 310 CMR 19.150,
Landfill Assessment Requirements, and 310 CMR 19.151: Corrective Action
Requirements.
2. The final cover shall be designed and constructed in accordance with the
requirements established in 310 CMR 19.112, 19.113 or 19.114.
3. Final cover shall be maintained to prevent erosion and ensure the integrity of the cap.
(f) Maintenance of Intermediate or Final Cover.
1. The final cover system shall be repaired immediately upon the detection of any
failure which may result in the release of pollutants to the environment and shall be
maintained and repaired during the active life of the landfill, the closure period and the
post-closure period.
2. Operators shall repair the intermediate cover, including cover vegetation if used, of
all areas on which intermediate cover has been applied.

(16) Vector, Dust and Odor Control.

(a) The operator shall prevent vectors, dust, odors and other nuisance conditions from
developing at the landfill and any other areas related to the general facility operations.
(b) No pesticides shall be utilized at the landfill except:
1. under the direct supervision of a pesticide operator licensed by the Massachusetts
Department of Food and Agriculture; and
2. upon written notification to the appropriate Department Regional Office and board
of health of such application.
(c) Water shall not be used for dust control in amounts which produce excessive infiltration,
ponding or erosion.

(17) Litter Control.

(a) Landfill operations shall be conducted so as to minimize blowing litter.
(b) The operator shall incorporate litter fencing, natural barriers or other devices to prevent
the scattering of solid waste beyond the working area.
(c) The operator shall maintain the general cleanliness of the facility and surrounding areas
impacted by blown litter from the facility or the access roads.

(18) Top Slope and Side Slopes.

(a) The operator shall ensure that the final top slope has a minimum grade of 5%.
(b) The operator shall ensure that no top slope or side slope grade shall result in excessive
erosion.
(c) The operator shall ensure that final exterior side slopes shall not exceed a slope of three
horizontal to one vertical (3:1).
(d) The operator shall ensure that in no case shall an unstable slope be created or a slope
that could result in abnormal stress on the liner system.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

(19) Storm Water Drainage.

(a) The operator shall provide sufficient storm water drainage controls and diversion
structures, channels or ditches to promote drainage off of the landfill, minimize run-on onto
the landfill, prevent uncontrolled ponding on the landfill or uncontrolled ponding adjacent
to the filled area.
(b) Storm water drainage structures shall be designed, constructed and maintained so as to
ensure integrity of the drainage structures and so as to prevent erosion of the landfill.

(20) Erosion Control.

(a) The operator shall institute such soil erosion control measures as are necessary to ensure
the retention and integrity of the daily, intermediate or final cover.
(b) The operator shall ensure that no solid waste or leachate are carried off-site due to
erosion.
(c) The operator shall ensure that siltation due to erosion shall not migrate off-site.
(d) In a situation where significant settlement, uncontrolled ponding of waters or erosion
of the landfill or cover material placed over the landfill occurs during the operation, closure
or the post-closure period the operator or owner shall immediately institute corrective
measures.

(21) Boundary and Elevation Markers.

(a) The operator shall establish and maintain boundary markers at the outermost boundaries
of waste deposition and at the property boundaries. Markers shall, at a minimum, be
established at every change in direction of the boundary.
(b) The operator shall establish and maintain at least one reference elevation marker on an
area of the site that does not contain solid waste.

(22) Access Roads. The access roads shall be constructed, graded and maintained to ensure that
traffic flow will not be interrupted by inclement weather or traffic patterns.

(23) Security.
(a) The operator shall provide sufficient fences or other barriers to prevent access to the
facility except at designated points of entry or exit.
(b) A gate shall be provided at all access points and shall be locked at all times when the
operator or his agent is not on site or during hours when the facility is not operating.

(24) Posting of the Landfill.

The operator of a landfill shall post signs at all access points to the landfill which, at
minimum, include the following information:
(a) the name of the owner and operator of the facility;
(b) a 24 hour emergency telephone number for the facility;
(c) the hours of operation;
(d) a list of solid wastes banned or restricted pursuant to 310 CMR 19.017;
(e) other limitations and conditions of access to the facility; and
(f) penalties for unauthorized use.

(25) Open Burning. The operator shall not cause, suffer, allow or permit the open burning of
any combustible material at the facility except as may be expressly permitted by the Department
pursuant to 310 CMR 7.07: U Open Burning.

(26) Fire Protection and Control.

(a) The operator shall ensure that no materials are stored, held, maintained or placed at a
landfill in such a manner as to pose a fire hazard.
(b) A separate area shall be provided, located away from combustible materials, uncovered
refuse and buildings, for quick dumping and quenching or snuffing of hot loads.
(c) The operator shall immediately notify the fire departments having jurisdiction, and the
appropriate Regional Office of the Department whenever smoldering, smoking or burning
has occurred or is occurring at the landfill.
(d) The operator shall be responsible for seeking fire-fighting assistance, initiating and
providing assistance and/or resources for fire-fighting actions until all smoldering, smoking
and burning cease.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

(e) The operator shall not conduct disposal activities in the vicinity of any smoldering,
smoking or burning area. Precautions shall be taken to prevent disposal activities from
interfering with fire-fighting activities.
(f) Any disruption of the finished grade or covered surfaces as a result of fire fighting
activities shall be repaired or replaced immediately upon termination of fire-fighting
activities.

(27) Convenience and Recycling Drop-off Areas at landfills.

(a) The operator may provide one or more containers of sufficient capacity within a
designated secure area under the landfill's control and with the approval of the Department
either for the unloading of solid wastes from private vehicles prior to transport of the solid
waste to the active area of the landfill (convenience areas), or for the collection and
temporary storage of recyclable materials.
(b) Convenience areas and recycling drop-off areas shall be operated in an orderly, safe and
environmentally sound manner.
(c) The convenience or recycling drop-off area shall be located a safe distance from the
active working face and the movement of associated landfill equipment and commercial
vehicles.
(d) The convenience or recycling drop-off area shall be maintained so as to prevent
nuisance conditions from developing and to ensure the sanitary condition and orderly
appearance of the areas.
(e) Solid waste shall be removed from the containers used in the convenience area and
deposited in the working face at such frequency so as not to exceed the capacity of the
containers. The containers shall be emptied, at a minimum, at the end of each day of
operations.
(f) Containers provided for the collection and storage of recyclable materials for transport
off-site shall be emptied whenever filled or every 60 days, whichever is less, or as otherwise
determined by the Department.

(28) Waste Oil Collection at Landfills. Waste oil other than the waste oil generated by the
operator during normal maintenance of equipment used on-site may be collected and stored at
landfills only with the approval of the Department.

(29) Household Hazardous Waste Collections at Landfills. Household hazardous waste shall
be collected at landfills only with the approval of the Department and consistent with 310 CMR
30.000: Hazardous Waste.

(30) Leachate Collection, Treatment and Disposal.

(a) Leachate shall be collected, stored, handled, treated on or off-site and disposed in
accordance with approved plans and the permit.
(b) The storage of leachate should not exceed one foot of hydraulic head on the liner except
during storm events and be designed to drop below one foot within seven days of a 25-year
storm for the primary operational phase of the landfill.
(c) Leachate shall not be discharged directly to waters of the Commonwealth except in
accordance with a discharge permit issued by the Department pursuant to 314 CMR 5.00
Ground Water Discharge Permit Program or 314 CMR 7.00: Sewer System Extension and
Connection Permit Program.
(d) Leachate shall not be discharged to a sewer except in accordance with a sewer
connection permit issued pursuant to 314 CMR 12.00.
(e) Leachate shall only be stored at the landfill pursuant to the requirements of 314 CMR
18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and
Record Keeping Requirements.
(f) Leachate shall be removed from a landfill leachate storage facility for off-site treatment
or disposal only by a licensed liquid waste hauler and only when there is a contractual or
otherwise appropriate guarantee for disposal of the leachate.
(g) The operator shall have contracts or otherwise appropriate plans for back-up handling,
treatment and disposal for leachate expected to be generated by the landfill in the case of
interrupted service of the primary handling, treatment and disposal option.
(h) Inspection reports, as required under 310 CMR 19.130(35), shall include the quantity
of leachate generated, the leachate disposal ___location, results of leachate tank testing and
monitoring and other routine maintenance performed.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

(i) Leachate collection, storage, treatment, and disposal shall continue during the entire
active life of the landfill, and during the closure and the post-closure periods.

(31) Phase Completion of the Landfill.

(a) Landfill operations shall be conducted in phases in accordance with approved plans to
reduce the amount of active area exposed.
(b) Final cover shall be placed on completed phases and shall be maintained to prevent
erosion and ensure the integrity of the cap.
(c) Construction of the Final Cover. Construction of the final cover shall consist of the
construction of the final cover and all associated appurtenances. Construction of the final
cover shall be carried out in conformance with 310 CMR 19.107: Construction
Certification. The independent professional engineer shall:
1. notify the Department in writing two weeks prior to the start of construction of the
low permeability cap;
2. ensure that:
a. the completed phase is graded in a manner that facilitates surface drainage and
is consistent with the surrounding topography;
b. the completed phase is completely covered by a final cover in accordance with
310 CMR 19.112;
c. the construction of the final cover does not in any way interfere with proper
drainage of adjacent lands or concentrate run-off waters on adjacent areas;
d. the phase has an air quality protection system designed and constructed in
accordance with 310 CMR 19.117; and
e. the phase has an operative environmental monitoring system designed and
implemented in accordance with 310 CMR 19.118.
3. notify the Department in writing two weeks prior to the completion of construction
of the final cover; and
4. submit a copy of the engineer's certification to the Department.
(d) Letter of Compliance.
1. Following receipt of the engineer's certification specified at 310 CMR
19.130(31)(c)4. the Department shall inspect the landfill and shall:
a. issue a letter of compliance certifying that the landfill or phase thereof has
received final cover in accordance with approved plans; or
b. issue a letter citing deficiencies and requiring corrective action.

(32) Disruption of Landfilled Areas.

(a) No person shall excavate, disrupt or remove deposited material from either an active,
inactive or closed landfill without prior written approval from the department.
(b) All requests for approval shall include a plan describing the area involved, depth of such
excavated material, where material is to be re-deposited and estimated time required for
completion of excavation procedures.
(c) All excavations shall be confined to an area consistent with the number of pieces of
digging equipment and/or trucks used for haulage.
(d) Adequate measures shall be taken during excavation to control dust, odors, fires,
potential for release of gas and explosions, rodents, insects and blowing litter.
(e) The re-deposition of all excavated solid wastes shall be in conformity with all
requirements of 310 CMR 19.000.

(33) Construction of Buildings. Construction of permanent buildings on top of landfilled areas

shall be prohibited during the operational phase except for buildings associated with landfill gas
recovery operations.

(34) Records for Operational and Plan Execution.

(a) The operator shall maintain a daily log to record operational information, including but
not limited to the type and quantity of solid waste received and the status of all
environmental control or monitoring systems.
(b) The operator of existing or new landfills receiving 100 tons or more per day shall weigh
all incoming solid waste.
(c) Operators of landfills that receive less than 100 tons per day shall, on a daily basis,
estimate the total weight and volume of waste delivered based upon the capacity of the
vehicles which delivered solid waste to the facility.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.130: continued

(d) The operator shall submit to the Department, no later than February 15th of each calendar
year, an annual report summarizing the facility's operations for the previous calendar year or
portion of a calendar year that waste is handled at the facility. The report shall describe and
summarize:
1. the amount of solid waste handled during that year with the quantity reported in tons;
2. the filled capacity of the facility in cubic yards and the estimated density of the
landfilled solid waste;
3. the amount of capacity remaining in the landfill in cubic yards;
4. the volume of daily and intermediate cover material applied to the landfill during that
year;
5. all environmental monitoring and sampling data trends from ground water, surface
water and gas monitoring systems; and
6. a demonstration of how the landfill's operations during the year complied with the
provisions of the recycling and composting plan contained as part of the facility's solid
waste management permit.

(35) Inspections. The facility shall be inspected by a third-party inspector in accordance with
310 CMR 19.018.

(36) Re-circulation of Leachate. The Department may allow the re-circulation of leachate if it
is demonstrated to the Department that such a procedure will be conducted to achieve a
reasonable environmental goal and the operation will not compromise the integrity of the landfill,
including the liner and leachate collection systems, or result in unacceptable adverse impacts to
the public health, safety or the environment, or result in nuisance conditions. A request for
leachate re-circulation shall include:
(a) the goals and expectations of the re-circulation activity;
(b) a report detailing the engineering considerations that need to be addressed by the re-
circulation activity including, but not limited to, stability of the landfill, leachate collection
system performance, odor concerns and landfill gas issues (generation rate and controls, etc.);
(c) identification of potential adverse impacts (odors etc.) resulting from the re-circulation
activity and a contingency plan to address any potential adverse impacts should they occur;
(d) methods used to monitor the performance of the re-circulation operations to ensure they
are within safe operating parameters and achieving project goals;
(e) amount and rate of leachate to be recirculated, how leachate will be distributed, and
storage needs and methods; and,
(f) an evaluation of financial assurance mechanisms to ensure the availability of adequate
funds to address corrective actions that may result if there are problems with the re-
circulation system.

(37) End-of-life Mercury-added Products. Mercury-added products that are hazardous waste
pursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR
30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall be
handled in accordance with 310 CMR 76.05(2).

19.131: Additional Operation and Maintenance Requirements for Landfills that Accept Ash

(1) General. In addition to the operation and maintenance requirements set forth in 310 CMR
19.130, operators of landfills that accept ash shall comply with the operation and maintenance
requirements set forth in 310 CMR 19.131.

(2) Fugitive Emissions. Ash landfills shall minimize the generation of fugitive emissions
resulting from the delivery, dumping and compacting of ash.

(3) Ash Moisture Content. Ash shall be transported and delivered to an ash landfill in a damp
state, sufficient to prevent emissions of fugitive dust during the dumping, spreading, compacting
and covering of the ash.

(4) Spreading and Compacting of the Ash.

(a) Ash shall not be deposited in an ash landfillfill unless it is completely extinguished.
(b) Ash shall be evenly spread in layers and thoroughly compacted.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.131: continued

(5) Vehicle Washdown or Wheelwash or Other Alternative Measures. Ash landfills may be
required to be equipped with an ash vehicle washdown area or wheelwash or other alternative
method for the cleaning of ash from the vehicle prior to leaving the landfill where the vehicle
will need to travel on public roads. The design of the washdown facility or wheelwash or
alternative method, if required, shall ensure that washdown water is adequately collected for
treatment and disposal.

19.132: Environmental Monitoring Requirements

(1) General. The owner or operator shall conduct monitoring of surface water, ground water,
landfill gas and any other media as determined by the Department, including without limitation
soil and sediment, on a schedule established in the permit or as otherwise required by
Department. The owner or operator of facility that submits environmental monitoring results
under the provisions of 310 CMR 19.132 shall ensure that analytical and environmental
monitoring data submitted to the Department is scientifically valid and defensible, and of a level
of precision and accuracy commensurate with its stated or intended use. Compliance with this
performance standard includes, but is not limited to:
(a) employing procedures and methodologies for the collection and analysis of soil,
sediment, water (or other liquids), vapor, air, and/or waste samples that consist of:
1. methods published by the Department, the U.S. Environmental Protection Agency,
the American Society for Testing and Materials (ASTM), the American Public Health
Association (APHA), the National Institute for Occupational Safety and Health (NIOSH),
the American Water Works Association (AWWA), and other organizations with
expertise in the development of standardized analytical testing methods; or
2. other methods approved by the Department.
(b) retaining a person who is qualified by education, training and experience to perform
sample collection and analysis.

(2) Surface and Ground Water Monitoring.

(a) The owner and operator shall ensure that surface and ground water monitoring are
conducted at any active landfill and during the facility's post-closure period set forth in
310 CMR 19.142.
(b) The owner or operator of a facility shall conduct surface and ground water monitoring
at sampling points established in the permit and/or as required by the Department. The
groundwater point of compliance for a landfill shall be no more than 150 meters from the
edge of the waste disposal area (as delineated in the facility's current permit specified in the
engineering plans referenced in the permit, or as otherwise delineated by the Department),
or the property line, whichever is less.
(c) The owner or operator shall establish background surface water and ground water
quality at sampling points hydraulically upgradient of the landfill. Background water quality
shall be determined by a minimum of four quarterly rounds of samples for each of the
monitoring parameters or constituents listed in 310 CMR 19.132(2)(h).
(d) The owner or operator shall conduct surface and ground water monitoring on a schedule
established in the permit or as required by the Department. At a minimum, monitoring shall
be performed semi-annually except as required pursuant to 310 CMR 19.132(2)(c), unless
the Department approves or orders, in writing, a different frequency of sampling.
(e) The Department may refuse to accept monitoring data where:
1. the sample was taken from a ground water monitoring well for which the Department
has not received and approved as-built construction plans, boring logs and well locations;
2. the sample was taken from a ground water monitoring well constructed in a manner
not approved by the Department;
3. the analyses were performed by a laboratory other than a Massachusetts certified
laboratory, unless the sample is accompanied by a complete QA/QC submittal;
4. the sample was not handled in accordance with the sampling and preservation
requirements (e.g., sample container, holding time and sample volume) specified by the
testing method;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.132: continued

5. the sample was taken from a monitoring device or ___location that is damaged or has not
been maintained in accordance with 310 CMR 19.133;
6. the sample does not contain sufficient documentation regarding chain of custody;
7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1);
or
8. the Department has reason to believe the sampling data is false, inaccurate,
incomplete or misleading.
(f) The owner or operator shall submit all analytical results to the Department within 60
days after the date of sample collection or as specified in the permit or as otherwise required
by the Department. The analytical results shall be summarized in tables with a discussion
of the results including a trend analysis. Where the Department provides a form for
environmental monitoring reports, the report shall be submitted on that form and shall
contain all information as requested by that form. If no form is provided by the Department,
the report shall include, unless otherwise approved by the Department, the following
information:
1. site plans or maps showing sampling locations, distribution of contaminants,
groundwater contours and groundwater flow direction;
2. a letter report briefly summarizing the data and identifying any issues of concern;
3. all field Quality Assurance/Quality Control information; and
4. chain of custody forms.
(g) The owner or operator shall record static ground water elevations and total well depth
prior to collecting a ground water sample whenever a monitoring well is to be sampled.
(h) At a minimum, the owner or operator shall analyze surface and ground water samples
for the following parameters, unless otherwise approved by the Department based on review
of past monitoring results or other relevant information:
1. Indicator parameters:
a. pH (in situ);
b. Alkalinity;
c. Temperature (in situ);
d. Specific Conductance (in situ);
e. Nitrate Nitrogen (as Nitrogen);
f. Total Dissolved Solids;
g. Chloride;
h. Calcium;
i. Sodium;
j. Iron;
k. Manganese; and
l. Sulfate
m. Chemical Oxygen Demand (COD)
n. Dissolved Oxygen
2. Inorganics:
a. Arsenic;
b. Barium;
c. Cadmium;
d. Chromium
e. Copper
f. Cyanide;
g. Lead;
h. Mercury;
i. Selenium;
j. Silver; and
k. Zinc.
3. all of the compounds included in EPA Method 8260, and methyl ethyl ketone, methyl
isobutyl ketone, acetone and 1,4 dioxane. In addition, unknown peaks having intensities
greater than five times the background intensity shall be identified (Method 8260 is
detailed in the EPA publication SW-846, entitled Test Methods for Evaluating Solid
Waste); and
4. any additional parameters required by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.132: continued

(i) The owner or operator shall ensure that practical quantitation limits (or laboratory
reporting limits) meet or are below the Maximum Contaminant Level (MCL) or applicable
standard for each analyte tested. If not, the Department will not accept the data.
(j) If the concentrations of any of the parameters listed in 310 CMR 19.132(2)(h) exceed
the state or federal drinking water standards, Maximum Contaminant Levels (MCLs),
Ambient Water Quality Standards for surface water samples established at 314 CMR
4.00: Massachusetts Surface Water Quality Standards, or alternative standards established
in a permit;, or guidelines or standards established by a permit, order or authorization issued
by the Department for contaminants for which no federal or state standard exists, at any
sampling point, the owner or operator shall:
1. notify the Department within 14 days of the finding; and
2. collect, analyze and submit to the Department another round of samples within 60
days of the prior date of sample collection and determine the concentration of all
parameters identified in 310 CMR 19.132(2)(h) that were exceeded unless otherwise
specified by the Department.
(k) Where the Department determines, at any time, based upon the ground and surface water
analyses from the facility, upgradient water quality and baseline water quality, that
assessment and corrective actions shall be required, the owner or operator shall undertake
the assessment and/or corrective actions as determined by the Department. Such assessment
shall characterize the full nature and extent of contamination, and the risks of harm to public
health, safety and the environment in accordance with the requirements of 310 CMR 19.150
and 310 CMR 40.0114: Solid Waste Management Facilities. In establishing the applicable
standards for groundwater down-gradient of the point(s) of compliance the Department shall
consider the factors and procedures contained in 310 CMR 40.0900: Procedures and
Standards for the Characterization of the Risk of Harm to Health, Safety, Public Welfare and
the Environment and 310 CMR 40.1000: Response Action Outcomes.
(l) Nothing in 310 CMR 19.132 shall limit the responsibility of the owner or operator to
comply with the provisions of M.G.L. c. 21H, § 4, M.G.L. c. 111, § 150A, 310 CMR 19.150,
M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan at all locations
down-gradient of the point(s) of compliance.

(3) Monitoring of the Secondary Leachate Collection or Leak Detection System.

(a) The owner or operator shall monitor the quantity and quality of leachate collected by the
secondary leachate collection system or leak detection system, where such a system has been
constructed. Monitoring shall be accomplished as specified in the solid waste management
facility permit, the leachate discharge permit or as deemed necessary by the Department.
(b) The owner or operator shall submit, in addition to permit requirements, the results of
the leachate monitoring from the secondary leachate collection system or leak detection
system to the Department with third-party inspection reports.
(c) Where leachate is determined by the Department to have entered the secondary leachate
collection system or leak detection system in excess of design standards, the owner or
operator shall undertake the actions specified under 310 CMR 19.150 and 310 CMR 19.151
as required by the Department.

(4) Leachate Monitoring.

(a) The owner or operator shall monitor the quantity and quality of leachate as deemed
necessary by the Department or as specified in the leachate discharge permit.
(b) The owner or operator shall submit, in addition to permit requirements, the results of
the leachate monitoring to the Department with the inspection reports required pursuant to
310 CMR 19.130(35).

(5) Gas Monitoring.

(a) The owner or operator shall sample and physically and chemically characterize the
recovered gas, condensates, or any other residues generated, and submit a copy of such
analyses to the Department.
(b) The owner or operator shall conduct gas monitoring as follows:
1. Sampling and analysis of landfill gas shall be done in accordance with methods
approved by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.132: continued

2. The owner or operator shall conduct landfill gas monitoring at sampling points
established in the permit and/or as required by the Department.
3. The owner or operator shall conduct landfill gas monitoring on a schedule established
in the permit or as required by Department. Monitoring shall be performed quarterly
unless otherwise approved by the Department.
(c) The Department may not accept landfill gas monitoring data where:
1. the sample was taken from a gas monitoring device for which the Department has not
received and approved as-built construction plans and locations; or
2. the sample was taken from a gas monitoring device constructed in a manner not
approved by the Department;
3. the analyses were performed by a laboratory other than an approved laboratory,
unless the sample is accompanied by a complete QA/QC submittal;
4. the sample was taken from a monitoring device or ___location that is damaged or has not
been maintained in accordance with the requirements of 310 CMR 19.133;
5. the sample was taken from a monitoring device or ___location that is damaged or has not
been maintained in accordance with 310 CMR 19.133;
6. the sample does not contain sufficient documentation regarding chain of custody;
7. the sample was not collected or analyzed in accordance with 310 CMR 19.132(1);
or
8. the Department has reason to believe the sampling data is false, inaccurate,
incomplete or misleading.
(d) The owner or operator shall submit all analytical results to the Department within 60
days after the date of sample collection or as specified in the permit. The analytical results
shall be summarized in tables with a discussion of the results, and shall include an analysis
of pertinent trends. Where the Department provides a form for environmental monitoring
reports, the report shall be madesubmitted on that form and shall contain all information as
requested by that form. If no form is provided by the Department, the report shall include,
unless otherwise approved by the Department, the following information:
1. site plans or maps showing sampling locations, concentrations and gas exceedences;
2. a letter report briefly summarizing the data and identifying any issues of concern;
3. all field Quality assurance/Quality control information; and
4. chain of custody forms.
(e) The owner or operator shall conduct gas monitoring at any active landfill and for the
post-closure period set forth in 310 CMR 19.142(2).
(f) Landfill gas samples shall be analyzed for volumes and concentrations of explosive
gases. In addition, the Department may require monitoring for the following:
1. hydrogen sulfide;
2. volatile organic compounds; and
3. any additional parameters required by the Department.
(g) When, at any time, the concentration of explosive gasses exceeds 10% of the lower
explosive limit (LEL) in any building, structure, or underground utility conduit, excluding
gas control, gas recovery and leachate collection system components, the owner or operator
shall:
1. take immediate action to protect human health and safety;
2. notify the Department’s Regional Office that covers the municipality in which the
facility is located within two hours of the finding; and
3. undertake the actions specified under 310 CMR 19.150: Landfill Assessment
Requirements and 19.151: Corrective Action Requirements as required by the
Department.
(h) Except in buildings, structures and underground utility conduits for which 310 CMR
19.132(5)(g) applies, when, at any time, the concentration of explosive gasses exceeds 25%
of the lower explosive limit (LEL) at the property boundary or beyond, excluding gas control,
gas recovery and leachate collection system components, the owner/operator shall:
1. take immediate action to protect human health and safety;
2. notify the Department’s Regional Office that covers the municipality in which the
facility is located within 24 hours of the finding; and
3. undertake the actions specified under 310 CMR 19.150: Landfill Assessment
Requirements and 19.151: Corrective Action Requirements as required by the
Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.132: continued

(i) When the concentration of any of the parameters for which monitoring is required at
310 CMR 19.132(5)(f)1., 2. or 3. exceeds any permit standards or federal or state regulations
the owner or operator shall notify the Department within 14 days of the finding
and undertake the actions specified under 310 CMR 19.150: Landfill Assessment
Requirements and 19.151: Corrective Action Requirements as required by the Department.

19.133: Maintenance of Environmental Control and Monitoring Systems

(1) Landfill environmental control and monitoring systems shall be maintained and repaired or
replaced as provided for in 310 CMR 19.133:
(a) The landfill shall be operated in a manner which will protect all environmental control
systems as approved in the Operation and Maintenance plan and monitoring systems as
approved in the Operation and Maintenance plan or permit.
(b) The operator shall ensure the regular maintenance of all landfill environmental control
systems as approved in the Operation and Maintenance plan or permit.
(c) The operator shall notify the Department of the existence of damaged or destroyed
environmental control systems or monitoring devices and the extent of the damage. The
operator shall submit such notification, in writing, within 14 days of discovery and shall
provide a schedule for repair or replacement for approval by the Department. Repair or
replacement of monitoring devices shall be completed prior to the next scheduled sampling
round.
(d) Surface water, ground water and gas monitoring locations shall be maintained so as to
meet the requirements set forth in 310 CMR 19.118.
(e) The operator shall notify the Department of the existence of a damaged or destroyed
surface water sampling ___location marker and the extent of the damage. The operator shall
submit such notification, in writing, within 14 days of discovery and shall provide for repair
or replacement of the ___location marker prior to the next scheduled sampling round.

19.140: Landfill Closure Requirements

(1) General. Any facility that must stop accepting solid waste in accordance with 310 CMR
19.000, any permit, authorization or order issued by the Department or a court of competent
jurisdiction or under any other circumstances shall comply with the requirements of 310 CMR
19.140.

(2) Notification of Voluntary Closure. The owner and/or operator shall notify the Department
no later than six months prior to the date that the facility will stop accepting solid waste.

(3) Closure Assessment. The owner or operator of a landfill shall initiate an assessment in
accordance with 310 CMR 19.150 prior to landfill closure to determine and evaluate the extent
of any adverse impact(s) of the landfill on the environment as a result of the construction or
operation and maintenance of the facility and develop a corrective action design in accordance
with 310 CMR 19.151.

(4) Preparation and Submittal of Final Closure/Post-closure Plans. The operator shall submit
the final closure/post-closure plan prior to undertaking any closure construction activities. In
addition to the information provided in the conceptual closure/post-closure plan developed in
accordance with 310 CMR 19.104(6), the final closure/post-closure plan shall include:
(a) a report containing the findings of the site assessment required under 310 CMR 19.150;
(b) a proposed schedule of remedial or corrective actions, as required based on the
assessment or other information, in accordance with 310 CMR 19.150 and 19.151;
(c) modified design plans, if necessary, based upon deviations from the conceptual closure
plans and/or the actions required under 310 CMR 19.150 and 19.151; and
(d) a description and schedule of proposed post-closure maintenance, monitoring and
assessment activities necessary to protect the public health, safety and the environment.

(5) Department Review. The Department may approve the final closure and post-closure plans
if the Department is persuaded by the applicant that the provisions in the plan would ensure that:
(a) solid waste disposal activities shall be terminated upon the facility stop date;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.140: continued

(b) no conditions exist that could attract vectors or cause nuisance conditions;
(c) the facility will be deactivated or closed; and
(d) all practicable measures shall be taken to prevent pollution of the environment or a
threat to public health or safety from the site.

(6) Completion of Closure. A facility shall be deemed closed on the date of the Department's
written determination that the closure of the facility has been completed in accordance with the
permit.
(a) A facility shall be deemed to be closed for the purposes of 310 CMR 19.000 on the date
of the Department's determination. A facility shall be deemed to be closed only after the
applicant has documented that the Notice of Landfill Operation has been recorded or
registered as required pursuant to 310 CMR 19.141 and the Department has issued its
determination of closure.
(b) The post-closure period shall begin on the date of the Department's determination.

19.141: Notice of Landfill Operation

Prior to obtaining a determination from the Department that closure of a landfill has been
completed or an approval from the Department for a post-closure use of a landfill, the owner or
operator of a landfill shall record a notice that a landfill has been operated on a site in the registry
of deeds or in the registry section of the land court for the district wherein the landfill lies in
accordance with M.G.L. c. 111, § 150A. The notice shall be captioned "Notice of Landfill
Operation” and shall contain a title reference citing the source of title of the land on which the
facility was constructed (i.e., the deed with book and page number if recorded land; probate
number if acquired through a probate proceeding; and certificate of title number if registered
land). This Notice shall be incorporated either in full or by reference into all future deeds, and
any other instrument of transfer, which conveys an interest in and/or a right to use the land on
which the facility or a portion thereof, is located. The Notice shall contain the following:
(a) identification of record owners of the property;
(b) a description of the landfill site, by metes and bounds and by reference to an appropriate
map or plan to be recorded therewith, signed by a qualified professional engineer or a land
surveyor, depicting the boundaries of the filled area and the ___location of any and all leachate
collection devices, gas and ground water monitoring wells associated with the site;
(c) a detailed description of the type and extent of the final cap and cover on the landfill;
(d) a description of the nature and duration of post-closure maintenance and monitoring
requirements for the site and the amount and form of the financial assurance requirements
pursuant to 310 CMR 19.000;
(e) reference to the Department file number or other Department means for identifying the
landfill file; and
(f) the following statement:
"The premises described herein are subject to the provisions of M.G.L. c. 111,
§ 150A and 310 CMR 19.000. Said premises shall not be used for any purpose
other than as a landfill without the approval of the Department of Environmental
Protection. Transfer of the facility requires the transfer of the permit in
accordance with 310 CMR 19.044. The procedure for Department approval for
any use other than as a landfill is set forth at 310 CMR 19.143. Such Department
approval of other use is transferable or assignable only upon approval of the
Department."

19.142: Landfill Post-closure Requirements

(1) General. The owner, successors or assigns shall maintain, care for and monitor the site
during the post-closure period in order to ensure the integrity of the closure measures and to
detect and prevent any adverse impacts of the site on public health, safety or the environment.

(2) Post-closure Period. For the purposes of 310 CMR 19.142 the post-closure period shall
extend for a minimum of a 30 year period.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.142: continued

(3) Post-closure Period Waiver. The Department may, upon request, reduce the post-closure
period to less than 30 years if it finds that a shorter period will be sufficient to protect public
health, safety, and the environment. The Department's review will include, but not be limited
to, a consideration of the quantity and quality of leachate generated by the landfill, ground water
monitoring results, characteristics of the waste disposed, stability of the waste, design of the
facility and ___location of the site.

(4) Post-closure Period Extension. The post-closure period may be extended by the Department
at any time prior to the time that the post-closure period is due to expire where the Department
finds an extension is necessary in order to ensure protection of public health, safety or the
environment or to mitigate adverse impacts.

(5) Post-closure Requirements. During the post-closure period the owner or operator (or
successors or assigns thereto) shall perform the following activities on any closed portion of the
facility:
(a) take corrective actions to remediate and/or mitigate conditions that would compromise
the integrity and purpose for the final cover;
(b) maintain the integrity of the liner system and the final cover system;
(c) collect leachate from and monitor and maintain leachate collection system(s);
(d) monitor and maintain the environmental monitoring systems for surface water, ground
water and air quality;
(e) maintain access roads;
(f) maintain landfill gas control systems;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.142: continued

(g) protect and maintain surveyed benchmarks; and

(h) have the landfill inspected by a third-party inspector in accordance with 310 CMR
19.018 and such third-party inspection shall be conducted in accordance with the frequency
and other requirements of 310 CMR 19.018, unless more frequent inspections or more
stringent requirements are contained in the terms of any approval, order or other document
issued by the Department pursuant to 310 CMR 19.000.

(6) Inspection Requirements. The owner, operator, successor or assigns shall have the facility
inspected by a third-party inspector in accordance with 310 CMR 19.018.

(7) Additional Measures. The owner, successors or assigns shall institute such additional
measures during the post-closure period as the Department deems necessary for the protection
of public health or safety or the environment.

(8) Termination of the Post-closure Period. The post-closure period shall end on the date of the
Department's written determination that the post-closure care, maintenance and monitoring of
the site are no longer required. Said written determination in no way limits or absolves the
owner of liability for the site in the future.

19.143: Post-closure Use of Landfills

(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a facility was operated
shall be used for any other purpose without:
(a) a written approval for any post-closure use on a landfill's final cover or affecting an
appurtenance to a landfill, including but not limited to appurtenances required for the
management of leachate, landfill gas and stormwater; or
(b) a presumptive approval in accordance with 310 CMR 19.034 for any other type of
post-closure use at a landfill facility.

(2) Submission of Post-closure Use Plans. Any person proposing to use a landfill for any
purpose following closure of a facility shall submit plans for the post-closure use to the
Department for review.

(3) Criteria for Approval of Post-closure Use. Any post-closure use of a landfill shall be
accomplished such that:
(a) the final contours of the landfill are not altered, unless the Department determines:
1. the disturbance is necessary to the proposed use and that it will not result in an
adverse impact to public health, safety or the environment; or
2. the disturbance is necessary to reduce threats to public health, safety or the
environment;
(b) the integrity of the final cover, the components of any containment system and the
function of the facility's monitoring systems are not impaired:
(c) drainage facilities, ponds, swales, ditches and other erosion/sedimentation controls are
maintained.

(4) Post-closure Construction. Construction during the post-closure phase shall be

accomplished in accordance with the following:
(a) buildings shall be above-grade structures. Any penetration of the landfill final cover
shall be designed and constructed to ensure that the integrity of the final cover is maintained.
Construction of basements which penetrate the low permeability layer is prohibited;
(b) buildings shall be constructed to prevent accumulation of gas within the structure.
Buildings shall include gas monitoring and warning systems and may be required to include
an active gas venting system; and
(c) all utility connections shall be designed and constructed with flexible connections.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.150: Landfill Assessment Requirements

(1) Applicability.
(a) General. An assessment shall consist of all activities, as determined by the Department,
required to identify the existence, source, nature and extent of pollution or threat of pollution,
the extent of the adverse impact from any pollution and the feasible cost-effective
alternatives available to correct or reduce the impacts of pollution. This shall include, but
is not limited to, the identification and evaluation of all potential and actual migration
pathways and receptors including the determination of exposure point concentrations.
(b) When an Assessment is Required. A landfill assessment shall be conducted:
1. when required by the Department pursuant to 310 CMR 19.132(2)(j);
2. when required by the Department pursuant to 310 CMR 19.132(5) when explosive
gases exceed concentrations as specified in 310 CMR 19.132(5) or landfill gases present
a threat of pollution as specified in 310 CMR 19.132(5);
3. where a secondary leachate collection system or leak detection system exists at the
landfill, the quantity of leachate detected in the secondary leachate collection system or
leak detection system exceeds the design leakage, as specified in 310 CMR 19.132(3);
4. prior to final closure of the landfill as specified in 310 CMR 19.140(3); or
5. such other time as the Department determines that a landfill or dumping ground
presents a threat to public health, safety or the environment.

(2) Department Determinations. Upon submittal of an Assessment or Corrective Action

Alternatives Analysis, the Department shall make one of the following determinations:
(a) The Assessment or Corrective Action Alternatives Analysis is approved. The
Department may impose terms and conditions on its approval, including a schedule and
sequence for submission of further data and implementation of the response actions; or
(b) The Assessment or Corrective Action Alternatives Analysis is incomplete, inadequate
or inconsistent with 310 CMR 19.000 or other applicable laws or regulations and further
activities are required.

(3) Assessment Process. An assessment shall be conducted in three phases: initial site
assessment; comprehensive site assessment; and corrective action alternatives analysis. At the
end of each phase, based on the results of the analyses provided in accordance with approved
plans, the Department shall determine if a subsequent phase shall be conducted and specify the
scope of work. The Department may consider such factors as the potential threat to public health
and the environment, costs and benefits of further study, comparative implementation and
maintenance costs and other relevant factors in making its determination on subsequent phases
of assessment or corrective action.

(4) Initial Site Assessment.

(a) General. The owner or operator shall obtain and submit such data as the Department
determines is necessary to adequately describe the physical characteristics of the landfill and
the surrounding environment, document the operational history of the landfill, and develop
the scope for the comprehensive site assessment.
(b) Content of Initial Assessment. The initial site assessment shall consist of a number of
site-specific tasks as determined by the Department.

(5) Comprehensive Site Assessment.

(a) General. The owner or operator shall obtain and submit such data as the Department
determines is necessary to characterize the impact of the landfill on public health, safety and
the surrounding environment and develop the scope for any further study.
(b) Content of Comprehensive Assessment. The comprehensive assessment shall consist
of a number of site-specific tasks as determined by the Department.

(6) Corrective Action Alternatives Analysis.

(a) General. The Corrective Action Alternatives Analysis shall analyze options for
corrective actions to eliminate or mitigate the potential adverse impact caused by conditions
at the facility and to complete final closure in accordance with 310 CMR 19.140: Landfill
Closure Requirements. In considering an alternative for corrective action, the owner or
operator shall consider those actions that are necessary to comply with the provisions of 310
CMR 40.0114 and to minimize to the extent feasible the potential for adverse future impacts
from the landfill.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.150: continued

(b) Content of Alternatives Analysis. A corrective action alternatives analysis shall consist
of the following three components:
1. Corrective Action Objectives. 310 CMR 19.150(6) shall identify the environmental
and public health impacts of the landfill. The analysis shall include at a minimum the
specific objectives each alternative is intended to achieve and the means that may be
employed to achieve those objectives.
2. Alternatives Analysis. 310 CMR 19.150(6) shall present and analyze at least two
options for site corrective action, one of which shall consist of a no-action alternative.
At a minimum, each option's likely effectiveness in achieving the corrective action
objectives outlined in 310 CMR 19.150(6)(b)1., its overall cost, and implementability
must be considered.
3. Recommended Option. 310 CMR 19.150(6) shall specify which of the options
discussed in the alternatives analysis is recommended. The owner or operator shall
provide a detailed justification for recommending a particular option above the others
considered.

(7) Assessment Schedule. Except as may be allowed pursuant to 310 CMR 19.150(7)(d), the
following schedule shall be adhered to in conducting the above three phases of site assessment.
(a) The Initial Site Assessment shall be initiated within 30 days of notification by the
Department of the need to conduct the Initial Site Assessment. The initial Site Assessment
shall be completed in accordance with the schedule established by the Department.
(b) A scope of work for the Comprehensive Site Assessment shall be developed and
submitted to the Department for approval within 30 days of completion of the Initial Site
Assessment, unless the Department determines, pursuant to 310 CMR 19.150(2), that a
Comprehensive Site Assessment is not required. The Comprehensive Site Assessment shall
be initiated within 30 days of the Department's approval of the scope of work and completed
in accordance with the schedule established by the Department.
(c) A scope of work for the Corrective Action Alternatives Analysis shall be developed and
submitted to the Department for approval within 90 days of the completion of the final round
of environmental sampling at the landfill, unless the Department determines, pursuant to
310 CMR 19.150(2), that a Corrective Action Alternatives Analysis is not required. The
Corrective Action Alternatives Analysis shall be initiated within 60 days of the Department's
approval of the scope of work and completed in accordance with the schedule established by
the Department.
(d) The Department may modify, in writing, the time periods of the assessment schedule
for a public body which owns and operates its landfill to comply with the laws governing
public finance and public bidding where the public body establishes that no funds are
available to conduct those assessment activities within the regulatory time frames.

(8) Applicability of M.G.L. c. 21E. Nothing in 310 CMR 19.150 shall limit or restrict the
Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and
310 CMR 40.000.

19.151: Corrective Action Requirements

(1) General. Corrective action shall consist of all measures necessary to address existing and
potential impacts of the landfill on public health, safety and the environment as determined by
the corrective action alternatives analysis and approved by the Department and to comply with
the requirements of 310 CMR 40.0114.

(2) Content. Corrective action shall be conducted in two phases:

(a) Corrective Action Design. In this phase further engineering analyses shall be undertaken
by the owner or operator to complete the design of the Department's approved corrective
action alternative. Final design plans and an implementation schedule shall be submitted to
the Department for approval.
(b) Corrective Action Implementation. This phase shall consist of implementation of the
approved corrective action design. This phase shall include construction and installation of
all components, post-closure monitoring and any required operation and maintenance
activities.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.151: continued

(3) Department Approval. Upon submittal of the Corrective Action Design, the Department
shall make one of the following determinations:
(a) The Corrective Action Design is approved. The Department may impose terms and
conditions on its approval including a schedule and sequence for submission of further data;
or
(b) The Corrective Action Design is incomplete, inadequate or inconsistent with 310 CMR
19.000 or other applicable laws or regulations and further design activities are required.

(4) Oversight of Corrective Action Implementation. The owner or operator shall provide the
Department with progress reports detailing the activities undertaken to implement the approved
corrective action alternative. Reports shall be filed by a registered engineer and submitted to the
Department on a schedule to be approved by the Department. A registered engineer shall certify
that construction of the corrective action alternative has been accomplished in accordance with
approved plans.

(5) Applicability of M.G.L. c. 21E. Nothing in 310 CMR 19.151 shall limit or restrict the
Department from exercising its authority in accordance with the provisions of M.G.L. c. 21E and
310 CMR 40.000.

19.200: Preamble

310 CMR 19.200 through 19.207, which follow, establish minimum performance and design
standards and operation and maintenance standards for solid waste handling facilities. In
combination with 310 CMR 19.001 through 19.083, these two sets of regulations govern all solid
waste management activities at solid waste handling facilities. The procedures for application,
approvals, authorizations, and transfers are set forth in 310 CMR 19.000 through 19.083.

19.201: Applicability

All handling facilities shall be managed in a manner consistent with 310 CMR 19.200
through 19.207 and the requirements of 310 CMR 19.001 through 19.083. Facilities and
operations exempted from site assignment by the Site Assignment for Solid Waste Facilities
regulations, 310 CMR 16.05: Applicability, are exempted from the requirements of 310 CMR
19.200 through 19.207.

19.202: Definitions

All terms used herein shall have the meanings set forth in 310 CMR 19.006 unless the
context clearly implies or indicates another meaning.

19.203: Additional Requirements

Nothing in 310 CMR 19.000 shall be construed to limit the Department from determining
on a facility or site specific basis that additional design or operation and maintenance
components are required where conditions warrant such additional design or operation and
maintenance measures to protect public health, safety and the environment or to mitigate
potential adverse impacts. When deemed necessary by the Department, in response to conditions
that have developed at a facility, the Department may require a facility to monitor air and/or
surface or ground water to determine if the conditions present a threat to public health, safety or
the environment.

(19.204: Handling Facility Plan: Reserved)

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.205: Handling Facility Design Requirements

(1) Storm Water Controls.

(a) Performance Standard. Storm water controls shall prevent erosion, prevent the
discharge of pollutants, protect the physical integrity of the handling facility, and be managed
according to applicable standards established by the Department including, but not limited
to, the wetlands protection regulations at 310 CMR 10.05(6)(b) and the Department’s Storm
Waster Policy. For purposes of meeting the stormwater standards established by the
Department, recharge shall be permitted at the handling facility only where the recharge will
not adversely impact the quality of groundwater leaving the site. Peak rate attenuation shall
be in accordance with that described in 310 CMR 19.205(1)(b): Design Standards, and
source controls and pollution prevention measures (including design of the handling facility)
shall be implemented to prevent discharge of pollutants. This standard applies to the
construction and operational phases of the handling facility.
(b) Design Standards. Storm water controls shall be designed to:
1. prevent run-on or flow onto the waste or material handling or storage areas during
the peak discharge from a 24 hour, 100-year storm;
2. control the peak rate of run-off from the handling facility and paved areas of the site
resulting from a 24 hour, 25-year storm.
3. control the peak rate of run-off from the handling facility resulting from a 24 hour,
100-year storm, to the extent practicable, if an evaluation of the peak rate of run-off
resulting from a 24-hour, 100-year storm indicates there will be flooding up or
downstream of the site using the most recent precipitation atlas approved for use by the
United States National Weather Service, or their predecessor the U.S. Weather Bureau,
shall be used to determine the rainfall depth associated with the 100-year storm (currently
Technical Paper-40 published May, 1961).

(2) Equipment.
(a) The operator shall provide equipment in adequate numbers and of appropriate type and
size for the proper operation of the handling facility in accordance with good engineering
practice and in compliance with 310 CMR 19.00. All compactor or other processing units
shall be in duplicate with each unit capable of handling the expected design tons per day;
except that only one compactor or processing unit may be satisfactory
1. where the handling facility will handle under 150 tons per day, or
2. where adequate facilities to continue operation and/or an alternate method to handle
all incoming refuse in an approved and sanitary manner in the event of a failure or
breakdown is provided.
(b) The operator shall make provisions for the routine maintenance of equipment to assure
satisfactory performance capability for the various operations of the handling facility.
(c) The operator shall provide at the site suitable shelter or protection for all equipment and
necessary service supplies used in connection with the handling facility.
(d) The operator shall make arrangments for providing standby equipment in the event of
breakdown of regular equipment. Such standby equipment shall be available for use and
shall be provided within 24 hours of breakdown; otherwise the handling facility shall be
closed for receipt of wastes until equipment becomes available.

(3) Weighing Facilities. The operator shall make provision on a continuous basis for the
weighing or measuring of refuse delivered to the handling faiclity. Scales or other measuring
devices may be required by the Department as follows:
(a) The operator of existing or new handling facilities receiving 100 tons or more per day
shall weigh all incoming solid waste.
(b) Operators of handling facilities that receive less than 100 tons per day shall, on a daily
basis, estimate the total weight and volume of waste delivered based upon the capacity of the
vehicles which delivered solid waste to the facility.

19.206: Construction and Demolition (C&D) Waste Processing Facilities Requirements

(1) All handling (unloading, storage, crushing, shredding, chipping, sorting, etc.) of C&D waste
shall occur indoors unless otherwise approved by the Department.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.206: continued

(2) All processed C&D waste and recovered or recyclable materials shall be stored in a manner
appropriate for that material to protect the public health, safety and the environment. In general
all processed C&D wastes (i.e. C&D fires), but not necessarily recovered or recyclable materials,
shall be stored in covered containers or in covered piles on impervious surfaces.

(3) All storm water, or water used for site operations, that comes in contact with C&D
materials and recovered or recyclable materials shall be controlled and collected and otherwise
properly managed in accordance with all applicable local, state and federal requirements prior
to discharge offsite.

19.207: Handling Facility Operation and Maintenance Requirements

(1) General. Operators shall incorporate procedures and practices, in accordance with approved
plans and permit conditions, which will prevent pollution of ground water, surface water and air
quality and prevent dust, odors, noise and other nuisance conditions from developing.

(2) Supervision of Operation.

(a) The operator of the handling facility shall be under the overall supervision and direction
of an engineer or other person qualified and experienced in matters of solid waste handling
and disposal.
(b) The operator of the handling facility shall be knowledgeable of the requirements of 310
CMR 16.00 and 310 CMR 19.000, and of the general operating procedures and plans as
prescribed by the design engineer.
(c) The operator shall be required to demonstrate familiarity and capability to operate
equipment at the handling facility.

(3) Access to Facilities.

(a) The operator shall provide and maintain in good repair access roads at the facility. Such
access roads shall be paved to minimize dust and designed and constructed so that traffic will
flow smoothly and will not be interrupted by inclement weather.
(b) The operator shall limit access to the facility to such periods of time as an attendant is
on duty and to those persons authorized to use the facility for the disposal of refuse.

(4) Security.
(a) The operator shall provide sufficient fences or other barriers to prevent access to the
facility except at designated points of entry or exit.
(b) A gate shall be provided at all access points and shall be locked at all times when the
operator or his agent is not on site or during hours when the facility is not operating.

(5) Posting of the Handling Facility. The operator of a handling facility shall post signs at all
access points to the facility which, at minimum, include the following information:
(a) the name(s) of the owner and operator of the facility;
(b) a 24 hour emergency telephone number for the facility;
(c) the hours of operation;
(d) a list of solid wastes banned or restricted pursuant to 310 CMR 19.017;
(e) other limitations and conditions of access to the facility; and
(f) where established by the municipality, penalties for unauthorized use.

(6) Unloading Refuse. The operator shall provide for continuous supervised unloading of
refuse from incoming vehicles and shall post appropriate signs or other means to indicate clearly
where incoming vehicles are to unload the refuse by direction of the attendant or equipment
operator on duty.

(7) Special Wastes. No solid waste that has been classified as a special waste pursuant to
310 CMR 19.061(2): Special Waste, shall be received or handled at any handling facility unless
the provisions of 310 CMR 19.061 are satisfied and the special waste is handled in accordance
with any conditions specified by the Department in granting approval to handle the special waste
and in accordance with the handling provisions of 310 CMR 19.061.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.207: continued

(8) Banned or Restricted Solid Wastes. Solid wastes which have been banned or restricted from
transfer or disposal pursuant to 310 CMR 19.017: Waste Bans, shall be managed at a handling
facility in accordance with the approved facility plan prepared and approved in accordance with
310 CMR 19.017(5) unless an exception has been granted under 310 CMR 19.017(6).

(9) Hazardous Waste.

(a) No operator shall handle any material subject to the Hazardous Waste Regulations,
310 CMR 30.000, at a solid waste handling facility permitted pursuant to M.G.L. c. 111,
§ 150A, except that waste oil and household hazardous waste may be collected at a facility
pursuant to 310 CMR 19.207(10).
(b) The operator shall implement a program, approved by the Department, for detection and
exclusion of hazardous wastes.
(c) The operator shall, within 24 hours, notify the Department and the board of health of the
discovery of any material subject to 310 CMR 30.000: Hazardous Waste.

(10) Household Hazardous Waste and Waste Oil Collections at Handling Facilities. If
household hazardous waste and waste oil are collected at handling facilities, the household
hazardous waste and/or waste oil shall be collected with prior notice to DEP and in compliance
with either:
(a) 310 CMR 30.392: Events for the Accumulation of Household Hazardous Waste and/or
Hazardous Waste Generated by Very Small Quantity Generators, or
b) 310 CMR 30.393: Centers for the Accumulation of Hazardous Waste Generated by
Households and/or Very Small Quantity Generators.

(11) Bulky Waste.

(a) An operator may accept bulky wastes where:
1. the handling of such wastes is consistent with the facility's site assignment and/or
permit; and
2. the handling of such wastes can be carried out in a manner which is manageable and
compatible with the facility's operation and maintenance plan and environmental control
systems.
(b) The Department may disallow or place conditions on the handling of bulky waste at a
handling facility in order to protect the engineering or operational integrity of the facility.
(c) The board of health may, by regulation, specify the maximum size of large, heavy, or
bulky items to be managed at the handling facility and may prohibit altogether the handling
of certain items.
(d) If brush is accepted at the handling facility, provisions should be made for the brush to
be received in bundles no larger in size than can be handled in an acceptable and sanitary
manner by the specific equipment. Brush should not be allowed to accumulate beyond 48
hours after deposition at the handling facility.

(12 Liquid Wastes.

(a) No liquid wastes shall be managed at a handling facility. With the exception of septage,
contained liquid wastes generated by and produced in the normal operation of a household
shall not be considered to be liquid wastes unless expressly excluded through 310 CMR
19.017: Waste Bans.
(b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely
or contains free draining liquids, as determined by using the Paint Filter Liquids Test,
Method 9095 as described in USEPA Publication SW-846.

(13) Bird Hazards. The operator of facilities located in proximity to airports shall operate and
maintain the facility in such manner as to minimize, to the extent practicable, the potential for
the facility to pose a bird hazard to aircraft.

(14) Dust Control. The operator shall undertake suitable measures to control dust wherever and
whenever necessary at the site, the access road, and any other areas related to or under control
of the waste handling facility operator to prevent nuisance conditions. Water shall not be used
for dust control in amounts that produce excessive infiltration, ponding, runoff or erosion.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.207: continued

(15) Vector Control.

(a) The operator shall cause routine waste handling facility operations to be carried out
promptly in a systematic manner and shall take preventative measures to maintain conditions
unfavorable for the attraction or production of insects, birds, rodents and other vectors.
(b) The Department may require a routine program for the control and elimination of insects
and rodents and other vectors at the or handling facility site. The operator shall cause
supplemental control measures, including but not limited to the use of effective insecticides
and rodenticides, to be implemented when necessary.
(c) The application of pesticides shall be made only by a pesticide operator licensed by the
Massachusetts Pesticide Board.

(16) Control of Wind-blown Litter.

(a) The operator shall take measures to prevent the scattering of refuse and wind-blown
litter, including incorporating litter fencing, natural barriers or other devices to prevent the
scattering of solid waste beyond the facility.
(b) The operator shall provide for routine maintenance and general cleanliness of the entire
handling facility area. Such provisions are to be detailed on the engineering plans or written
operating procedures.

(17) Staffing.
(a) The operator shall provide an adequate number of trained staff to ensure that the facility
is operated and maintained as designed and in accordance with good solid waste management
practices.
(b) During hours of operation the operator shall be continuously present at the handling
facility.

(18) Employee Facilities.

(a) The operator shall provide proper shelter and facilities for employees working at the
facility. The shelter and facilities shall contain:
1. sufficient light and heat;
2. a safe drinking water supply;
3. sanitary handwashing and toilet facilities;
4. an operational telephone or two-way radio system; and
5. other equipment or appurtenances necessary for full compliance with federal and
state worker health and safety requirements.

(19) Accident Prevention and Safety.

(a) All employees shall be instructed in the principles of first-aid and safety and in the
specific operational procedure necessary to prevent accidents.
(b) The operator shall provide and maintain adequate first-aid supplies at the site at all
times.
(c) The operator shall provide for two-way radios or telephones and ensure that the numbers
for emergency medical care and ambulances are posted at the site.

(20) Fire Protection. The operator shall take suitable measures for the prevention and control
of fires at the facility by complying with at least the following:
(a) Make available at the facility an adequate supply of water under pressure with sufficient
fire hose, unless a fully-manned fire station is located within two miles;
(b) A separate area shall be provided, located away from combustible materials, refuse and
buildings, for quick dumping and quenching or snuffing of hot loads;
(c) Arrange for a nearby fire department to provide emergency service whenever called; and
(d) Mount detachable fire extinguishers, maintained in working order, on all equipment and
in all buildings.
(e) The operator shall ensure that no materials are stored, held, maintained or placed at a
handling facility in such a manner as to pose a fire hazard.
(f) The operator shall be responsible for seeking fire-fighting assistance, initiating and
providing assistance and/or resources for fire-fighting actions until all smoldering, smoking
and burning cease.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.207: continued

(21) Recycling Operations.

(a) The operator may make provisions for the recycling of materials provided that a definite
plan of procedure is implemented and followed to enable said operation to be carried out in
an organized, sanitary, orderly and dependable manner with minimal interference to the
routine handling facility operations.
(b) Any container, or specially designed enclosed area, used for the storage of recyclable
materials (such as glass, cans, paper, etc.) shall be clearly identified and maintained in a clean
and sanitary condition and the surrounding areas shall be kept in a similar condition.
(c) All accumulated recyclable materials shall be removed from the facility at least every
60 days and/or at such other times as may be specified by the Department.
(d) Recyclable materials of a nature or in quantities that cause odor or pose a threat to the
public health or are detrimental to the environment or the surrounding area shall not be
accumulated.

(22) Records for Operational and Plan Execution.

(a) The operator shall maintain a daily log to record operational information, including but
not limited to the type and quantity of solid waste received and the status of all
environmental control or monitoring systems.
(b) The operator of existing or new handling facilities receiving 100 tons or more per day
shall weigh all incoming solid waste.
(c) Operators of handling facilities that receive less than 100 tons per day shall, on a daily
basis, estimate the total weight and volume of waste delivered based upon the capacity of the
vehicles which delivered solid waste to the facility.
(d) The operator shall submit to the Department, no later than February 15th of each calendar
year, an annual report summarizing the facility's operations for the previous calendar year or
portion of a calendar year that waste is handled at the facility. Where the Department
provides a form for annual reporting, the report shall be made on, and shall contain, all
information as requested by that form. Otherwise, the report shall describe and summarize:
1. the amount of solid waste handled during that year with the quantity reported in tons;
2. all environmental monitoring and sampling data trends from ground water, surface
water and gas monitoring systems from the monitoring required by the facility permit;
and
3. a demonstration of how the handling facility’s operations during the year complied
with the provisions of the recycling and composting plan contained as part of the
facility's solid waste management permit.

(23) Screening and/or Fencing. The Department may require that the handling facility be
suitably screened by fencing, or other approved methods, to shield the area from adjoining
properties.

(24) Open Burning. No open burning of any refuse, including brush, wood or diseased trees
shall be permitted at the handling facility site at any time of the year except as may be expressly
permitted by the Department pursuant to 310 CMR 7.07: U Open Burning.

(25) Inspections. The facility shall be inspected by a third party inspector in accordance with
310 CMR 19.018, and such third-party inspection shall be conducted in accordance with the
frequency and other requirements of 310 CMR 19.018, unless more frequent inspections or more
stringent requirements are contained in the terms of any approval, order or other document issued
by the Department pursuant to 310 CMR 19.000.

(26) End-of-life Mercury-added Products. Mercury-added products that are hazardous waste
pursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR
30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall be
handled in accordance with 310 CMR 76.05(2).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

CLASS II RECYCLING PROGRAM

19.300: Preamble

310 CMR 19.300 through 19.303 establishes the process and requirements for Waste to
Energy Facilities that were in operation before December 31, 1997 to qualify as a Waste Energy
Generation Unit under 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II.

19.301: Applicability

310 CMR 19.300 only applies to a Waste to Energy Facility that was in operation before
December 31, 1997 and is operating in compliance with 310 CMR 7.08(2): Municipal Waste
Combustors and, and the Facility’s Solid Waste permit.

19.302: Definitions

All terms used in 310 CMR 19.300 through 19.303 shall have the meanings set forth in
310 CMR 19.006 unless the context expressly states otherwise. The following additional terms
shall have the following meanings unless the context clearly indicates otherwise.

Dedicated Account means the account established by a Waste to Energy Facility that has
qualified as a Waste Energy Generation Unit for receipt of revenue from the sale of any RPS
Class II Waste Energy Generation Attribute.

Facility or Waste to Energy Facility means a Combustion Facility that generates Waste Energy.

[Note to reader: The following five definitions will follow the corresponding definitions found
at 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II.]

Generation Attribute means a non-price characteristic of the electrical energy output of a

Generation Unit including, but not limited to, the Unit's fuel type, emissions, vintage and RPS
eligibility.

Generation Unit means a facility that converts a fuel or an energy resource into electrical energy.

RPS Class II Waste Energy Generation Attribute means the Generation Attribute of the
electrical energy output of a specific Waste Energy Generation Unit that derives from the Unit's
production of Waste Energy.

Waste Energy means electrical energy generated from the combustion of municipal solid waste.

Waste Energy Generation Unit means a Generation Unit that utilizes conventional municipal
solid waste plant technology in commercial use to generate Waste Energy and has a Department
approved Class II Recycling Program.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.303: Class II Recycling Program

(1) Class II Recycling Program Application. To qualify as a Waste Energy Generation Unit,
a Facility shall submit to the Department for approval a solid waste permit modification
application that complies with the Class II Recycling Program requirements at 310 CMR
19.303(1) through (4). The permit modification decision issued by the Department pursuant to
310 CMR 19.303 shall be limited to the Class II Recycling Program as described in 310 CMR
19.303. The permit modification application shall be limited to matters related to the Class II
Recycling Program as described in 310 CMR 19.303 and shall include, but not be limited to, the
following:
(a) Waste Characterization Study. Identification of an experienced and competent
professional to conduct the waste characterization study of the solid waste received at the
Facility as required pursuant to 310 CMR 19.303(3), including the qualifications of such a
person;
(b) Electronic Tracking System. Documentation demonstrating that the Facility has
installed an electronic tracking system that records for every incoming solid waste load the
following information: truck owner; container owner; truck/container type and size; date and
time of delivery; and generator(s) (to the extent known); and
(c) Waste Ban Compliance Professional. Evidence of a contract with an independent third
party (the Waste Ban Compliance Professional) to assess compliance with the Waste Bans
at 310 CMR 19.017 by haulers and generators delivering waste to the Facility.
1. Such contract shall require the Waste Ban Compliance Professional to:
a. Visually monitor all incoming loads on a minimum of ten random days every
three months ("reporting period"). The Waste Ban Compliance Professional shall not
notify the facility of the days chosen.
b. Spread on the tip floor any load not failed based on visual monitoring but which
is suspected to exceed the allowable limits for waste ban materials as specified in the
facility's Waste Ban Compliance Plan.
c. Be available to meet with the Department quarterly.
d. Receive training from the Department on waste ban inspection protocols.
2. Loads found to be noncompliant with the Waste Bans in accordance with 310 CMR
19.303(1)(c)1. shall be recorded using photographs, weigh slips, and standardized waste
tracking forms developed by the Department. Such forms may include, but not be limited
to, hauler and generator information (to the extent known) and the percentage of the load
that is comprised of waste ban material(s);
3. Within 15 days after the end of each reporting period, the Waste Ban Compliance
Professional shall conduct a comparative analysis of the percentage of failed loads
identified by the Waste Ban Compliance Professional in accordance with 310 CMR
19.303(1)(c)1. and 2. with the percentage of failed loads documented pursuant to the
Facility's ongoing Waste Ban monitoring protocols in accordance with 310 CMR 19.017;
4. The Facility and its Waste Ban Compliance Professional shall be available to meet
with the Department quarterly; and
5. The Waste Ban Compliance Professional shall receive training from the Department
on waste ban inspection protocols.
(d) Alternative to a Waste Ban Compliance Professional. The facility may, in lieu of the
provisions of 310 CMR 19.303(1)(c), place 3% of the revenue from the sale of any RPS
Class II Waste Energy Generation Attribute into the Sustainable Materials Recovery Program
Expendable Trust ("Trust") no later than 30 days after the receipt of funds from any such
sale. These funds, which are in addition to the funds described in 310 CMR 19.303(2)(b),
shall be used by the Department to hire an independent third party to perform the activities
defined at 310 CMR 19.303(1)(c). If the revenue placed in the Trust pursuant to this
provision is not spent by the Department in a specific state fiscal year, the excess shall be
credited to the facility's obligation under 310 CMR 19.303(1)(d) for the next year.

(2) Sustainable Materials Recovery Program. A Facility shall comply with the requirements
of the Sustainable Materials Recovery Program contained in 310 CMR 19.303(2) after obtaining
an approval from the Department for the Facility's solid waste permit modification application
to qualify as a Waste Energy Generation Unit.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.303: continued

(a) The Department shall develop a Sustainable Materials Recovery Program. The
Department shall solicit projects on a schedule determined by the Department from eligible
state agencies, municipalities, businesses and non-profit organizations (project proponents).
The projects shall be consistent with objectives contained in the Commonwealth's Solid
Waste Master Plan and as further specified in the Department's solicitation. At least
annually, the Department shall evaluate, assign a priority ranking, and publish a list of
approved projects.
(b) A Facility shall place 50% of the revenue from the sale of any RPS Class II Waste
Energy Generation Attribute into a Dedicated Account and/or the Sustainable Materials
Recovery Program Expendable Trust ("Trust") no later than 30 days after the receipt of funds
from any such sale. A Facility shall manage the funds in its Dedicated Account, including
the revenue from the sale of any RPS Class II Waste Energy Generation Attribute and any
investment income derived from such revenue, in accordance with generally accepted
accounting practices and the following:
1. Segregate funds in the Dedicated Account from all other revenues and accounts of
the Facility;
2. Disburse all funds in the Dedicated Account provided there are sufficient approved
projects for funding;
3. Remit to the Trust any funds in the Dedicated Account not encumbered by a binding
commitment with a project proponent for an approved project(s) within 12 months; and
4. Remit to the Trust any funds in the Dedicated Account that have not been expended
within 24 months unless otherwise approved by the Department.
(c) Conduct Project or Contract with Project Proponent. A Facility shall use the funds in
its Dedicated Account solely to:
1. Conduct or operate in conjunction with a project proponent a project from the list in
310 CMR 19.303(2)(a), as approved and directed by the Department; and/or,
2. Contract directly with any project proponent(s) to fund and manage projects from the
list in 310 CMR 19.303(2)(a), as approved and directed by the Department.
(d) The Department shall establish and manage the Trust in accordance with the terms of
such Trust. The Department shall utilize the funds of the Trust to administer and oversee
Class II Recycling Programs, including allocation of funds for the list of approved projects
as part of the Sustainable Materials Recovery Program.
(e) Each project proponent that receives funding through the Sustainable Materials
Recovery Program shall spend such funds in accordance with the description of its project,
the Department's solicitation, and any ensuing contract between the project proponent and
the Department (for projects funded from the Trust) or between the project proponent and
the Facility (for projects funded from a Facility's Dedicated Account). Each such project
proponent shall report to the Department within 30 days of the completion of the project on
the implementation of the approved project on a form developed by the Department. Failure
to report shall prohibit the project proponent from receiving or applying for funds in future
years until such reporting requirement is met.

(3) Waste Characterization Study. A Facility shall:

(a) Complete a waste characterization study of the solid waste received at the Facility in
accordance with 310 CMR 19.303(1)(a) within 18 months of the approval of its Class II
Recycling Program and conduct such study every three years thereafter. Such study shall
include but not be limited to an identification of the volumes and weights of various
components of the waste stream;
(b) Six months prior to conducting the study, the Facility shall submit to the Department
for approval the methodology for such study;
(c) The Facility shall submit the study as part of the annual facility report for the year in
which the study is conducted; and
(d) After the first waste characterization study, if the Department finds the character of the
waste is similar at Facilities owned by the same entity, the Department may approve a
methodology that combines some or all Facilities owned by the same entity.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

19.303: continued

(4) Reporting.
(a) 30 days after the sale of any RPS Class II Waste Energy Generation Attribute
(Attribute), a Facility shall report to the Department the following information: the number
of Attributes sold; the price of the individual Attribute(s); the total funds from the sale; and
the sum to be placed in its Dedicated Account and/or in the Trust. The Department may
periodically audit the sale of any Attribute(s) and a Facility's Dedicated Account. The
Facility shall cooperate with the Department concerning any such audit;
(b) A Facility shall submit, within 15 days of the end of the reporting period, in an
electronic format to be specified by the Department, the data collected pursuant to 310 CMR
19.303(1)(c)2. and 3. for that reporting period. Within 15 days of a written request from the
Department, a Facility shall submit in an electronic format to be specified by the Department
data collected from the electronic tracking system installed pursuant to 310 CMR
19.303(1)(b);
(c) A Facility shall include in its annual facility report to the Department, on a form
developed by the Department, the following information:
1. the implementation of the Facility's approved Class II Recycling Program;
2. the Facility's obligations under 310 CMR 19.303(2), including but not limited to,
information about the projects the Facility conducts or operates pursuant to 310 CMR
19.303(2)(c)1. and that it contracts for pursuant to 310 CMR 19.303(2)(c)2., including
the dollars spent and the equipment or services purchased; and
3. the waste characterization study in accordance with 310 CMR 19.303(3).

(5) Recordkeeping. A Facility shall retain a copy of all records required pursuant to 310 CMR
19.300 through 19.303, whether written or electronic, for at least five years following the
creation of any such record. This five year period shall be extended automatically for the
duration of any enforcement action against the Facility under 310 CMR 19.303, including any
appeal thereof, until the conclusion of such action or appeal.

(6) Termination, Suspension, and Revocation.

(a) A Facility may terminate its qualification as a Waste Energy Generation Unit by
notifying the Department in writing that the Facility will no longer implement a Class II
Recycling Program. After submitting such notification, a Facility must submit a new solid
waste permit modification to re-qualify as a Waste Energy Generation Unit.
(b) The Department may suspend or revoke the solid waste permit modification that
qualifies a Facility as a Waste Energy Generation Unit for failure to comply with 310 CMR
7.08(2), 310 CMR 19.000, or the Facility's Solid Waste Permit.

REGULATORY AUTHORITY

310 CMR 19.000: M.G.L. c. 21A, §§ 2 and 8; c. 111, § 150A.

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.02: continued

1. Coating or Solvent Usage.

a. A list of process related coatings, solvents, inks and adhesives in use. This list
shall include: information on the VOC and HAPs content in lbs per gallon as applied;
b. A description of production equipment including type, make and model;
maximum design process rate or throughput; control device(s) type and description
(if any); and a description of the coating/solvent application/drying method(s)
employed;
c. A monthly log of the gallons consumed of each production solvent (including
solvents used in clean-up and surface preparation), coating, ink and adhesive used;
d. All purchase orders, invoices, and other documents to support information in the
monthly log; and
e. The emissions of VOC from any coating used in small amounts are exempt from
the emission limitations provided the amount of all coatings exempted does not
exceed 55 gallons on a rolling 12 month period. A list of coatings used in small
amounts shall be established and records of the consumption of these coatings shall
be maintained.
2. Organic Liquid Storage.
a. A monthly log identifying the liquid stored and monthly throughput;
b. Information on the tank design and specifications including control equipment;
and
c. The emissions of VOC from any coating used in small amounts are exempt from
the emission limitations provided the amount of all coatings exempted does not
exceed 55 gallons on a rolling 12 month period. A list of coatings used in small
amounts shall be established and records of the consumption of these coatings shall
be maintained.
3. Fuel Utilization Facility.
a. Information on equipment type, make and model, maximum power input/output,
minimum operating temperature and capacity, control equipment and all source test
information;
b. A monthly log of hours of operation, fuel type, fuel usage in gallons or tons as
appropriate, fuel heating value, percent sulfur for fuel oil and coal; and
c. All purchase orders, invoices, and other documents to support information in the
monthly log.
4. Air Pollution Control Equipment.
a. Information on equipment type and description, make and model, and emission
units served by the control unit;
b. Information on equipment design including where applicable: pollutants(s)
controlled; control effectiveness; maximum design or rated capacity; inlet and outlet
temperatures, and concentrations for each pollutant controlled; catalyst data (type,
material, life, volume, space velocity, ammonia injection rate and temperature);
baghouse data (design, cleaning method, fabric material, flow rate, air/cloth ratio);
electrostatic precipitator data (number of fields, cleaning method, and power input);
scrubber data (type, design, sorbent type, pressure drop); other design data as
appropriate; all source test information; and
c. A monthly log of hours of operation including notation of any control equipment
breakdowns, upsets, repairs, maintenance and any other deviations from design
parameters.
5. Not Otherwise Classified Process.
a. Information on the process and equipment including the following: equipment
type, description, make and model, maximum design process rate or throughput,
control device(s) type and description (if any);
b. Any additional information requested in writing by the Department;
c. A monthly log of operating hours, each raw material used and its amount; and
d. Purchase orders, invoices, and other documents to support information in the
monthly log.
(i) Reporting. In order to document compliance and maintain an emissions inventory,
the Department may require reporting from any owner or operator of a facility with an
emissions cap established at 310 CMR 7.02(11)(e) or (f).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.02: continued

(12) U Consolidation of Applicable Requirements.

(a) General. Any person who owns, leases, operates or controls a facility may apply to the
Department to consolidate the facility's applicable requirements into a single plan approval
to streamline the emission limitations, monitoring, emission testing, recordkeeping and
reporting and other requirements as contained in the facility's plan approval(s), emission
control plan(s) or other document(s) issued by the Department pursuant to any regulation
under 310 CMR 7.00.
(b) 310 CMR 7.02(12) is only for use when the facility is not subject to the Department's
operating permit and compliance program, 310 CMR 7.00: Appendix C. If the facility
subsequently becomes subject to the operating permit and compliance program, the
requirements of the consolidated plan approval will be incorporated into the facility's
operating permit.
(c) When a consolidation application is made in conjunction with an application to
construct, substantially reconstruct or alter the facility under 310 CMR 7.02(4) or (5), the
decision concerning consolidation will be made under 310 CMR 7.02(12) following
issuance of the plan approval.
(d) Application Requirements. An application to consolidate the applicable requirements
shall, at a minimum:
1. Be made on form(s) obtained from the Department or by other means prescribed by
the Department.
2. Be submitted in duplicate and signed by a responsible official.
3. Contain the following information for each emission unit in the application:
a. an emission-unit-by-emission-unit, side-by-side comparison of all requirements
to which the emission unit is subject;
b. A determination of the most stringent emission limitations and/or performance
standards and the documentation relied upon to make this determination;
c. A set of proposed terms and conditions which detail the most stringent emissions
limitations and/or standards, appropriate monitoring and its associated recordkeeping
and reporting, and such other proposed conditions as are necessary to assure
compliance with all applicable requirements; and
d. A proposed schedule to implement any new monitoring/compliance approach
relevant to a consolidated plan approval if the owner/operator of the facility requires
additional time to implement the streamlined terms and conditions. The current
record keeping, monitoring, and reporting requirements (applicable requirements)
shall continue to apply until the new monitoring/compliance approach is operational.
(e) Form of Approval. Any consolidated plan approval issued by the Department shall be
in writing.
(f) Conditions of Approval. A consolidated plan approval shall include:
1. A combination of production and/or operational limitations to ensure that emissions
are limited by quantifiable and enforceable means.
2. Emissions limitations and control requirements that are at least as stringent as those
imposed by the facility's applicable requirements.
3. A requirement to maintain records and conduct monitoring sufficient to demonstrate
that emissions limitations and other applicable requirements are being achieved;
4. Reporting on a schedule as determined by the Department;
5. A list of previously issued plan approvals, emission control plans and other
documents addressing the applicable requirements of the emission units covered by the
consolidated plan approval; and
6. Other conditions as deemed necessary by the Department based on the applicable
requirements.

(13) U Administrative Amendment to Plan Approval.

(a) An administrative amendment to a plan approval is required for the following:
1. A change in the business name, facility name, mailing address, telephone number or
name of the facility contact; or
2. A change in the ownership of the facility that is subject to the plan approval; or
3. An increase in the frequency of recordkeeping, monitoring, reporting or testing above
that previously specified in the plan approval; or
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.02: continued

4. Where the Department or the owner/operator of the facility determines that a plan
approval has typographical errors; or
5. Other changes the Department determines are necessary for the effective
administration of the Commonwealth’s air pollution control program.
(b) The Department or the owner/operator may propose an administrative amendment to a
plan approval on Department forms or in a format provided by the Department.
1. If the Department determines a plan approval should be amended, the Department
will provide the owner/operator with a draft amended plan approval for review.
2. If the owner/operator determines a plan approval should be amended, the
owner/operator shall submit an application for an administrative amendment to the
Department within 60 days of the change described in 310 CMR 7.02(13)(a).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

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 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.02: continued

(c) The administrative amendment shall take effect 30 days after receipt by the
owner/operator or the Department respectively, unless prior to the expiration of the 30 days:
1. The owner or operator contests the administrative amendment in writing, or
2. The Department disapproves the proposed amendment in writing.
(d) In addition to complying with 310 CMR 7.02(13)(a) and (b), the owner/operator of a
facility for which a final operating permit has been issued in accordance with the provisions
of 310 CMR 7.00: Appendix C, shall comply with the Administrative Amendment
procedures contained in 310 CMR 7.00: Appendix C(8).

7.03: U Plan Approval Exemption: Construction Requirements

(1) General.
(a) Any person who constructs, substantially reconstructs or alters, and subsequently
operates an emission unit listed in 310 CMR 7.03(1)(a), may comply with the specific
requirements of 310 CMR 7.03(5) through (7) in lieu of filing either a Comprehensive Plan
Application (CPA) required by 310 CMR 7.02(5)(a) or a Limited Plan Application (LPA)
required by 310 CMR 7.02(4)(a), except as provided in 310 CMR 7.03(2).
(b) Under 310 CMR 7.03, VOC shall include Volatile Organic Compounds (VOC) and
Halogenated Organic Compounds (HOC) as defined in 310 CMR 7.00.
(c) Nothing in 310 CMR 7.03 relieves a person who owns, operates, leases or controls a
facility from having to comply with other applicable requirements of 310 CMR 7.00
including, but not limited to, applicable 310 CMR 7.18 and 7.19 Reasonably Available
Control Technology (RACT) requirements that come into effect after a person constructs,
substantially reconstructs or alters, or operates an emission unit under 310 CMR 7.03.
(d) 1. Any person who constructs, substantially reconstructs, or alters and subsequently
operates an emission unit in accordance with 310 CMR 7.03(8), (15), (16) or (19) shall
limit the facility-wide emission of any individual hazardous air pollutant (HAP) to less
than ten tons in each consecutive 12-month time period, and all combined HAPs to less
than 25 tons in each consecutive 12-month time period.
2. The limits specified in 310 CMR 7.03(1)(d)1. do not apply to an owner or operator
subject to 310 CMR 7.00 Appendix C: Operating Permit and Compliance Program.

(2) Prohibition. 310 CMR 7.03 is not an alternative to obtaining a plan approval pursuant to
310 CMR 7.02 if construction, substantial reconstruction or alteration would violate
requirements of:
(a) 310 CMR 7.02(5)(a)7. relating to Prevention of Significant Deterioration (PSD)
requirements or the need for Non-attainment Review;
(b) 310 CMR 7.02(5)(a)8. and 9. relating to plan approvals, Nonattainment Review
approval or PSD permits, or MACT requirements at 40 CFR 63.40 through 63.44;
(c) 310 CMR 7.02(5)(a)10. relating to Department determinations of a potential condition
of air pollution;
(d) 310 CMR 7.02(5)(a)5. relating to any incinerator;
(e) 310 CMR 7.02(4)(a)3. relating to plan approvals; or
(f) 310 CMR 7.02(4)(a)4. relating to significant increase in federal potential emissions.

(3) Including Emission Units in Calculation of Net Emission Increase. Persons who construct,
substantially reconstruct or alter an emission unit that complies with the requirements of
310 CMR 7.03 must include said emission unit in calculating significant net emission increase
and determining applicability of Non-attainment New Source Review, 310 CMR
7.00: Appendix A, PSD (40 CFR 52.21) or Case-by-case MACT (310 CMR 7.02(5)(e)).

(4) Emission Units Constructed or Altered Since 1970.

(a) Persons who construct, substantially reconstruct, alter, or subsequently operate an
emission unit after July 1, 1970 in the Metropolitan Boston Air Pollution Control District and
after September 15, 1970 in all other districts are not required to obtain plan approval if said
emission unit complies with the requirements of 310 CMR 7.03(5) through (7), and is not
prohibited by 310 CMR 7.03(2).
(b) Persons who already have plan approval for emission units that might otherwise be
subject to 310 CMR 7.03 must continue to comply with the terms and conditions of the plan
approval and are not subject to the requirements of 310 CMR 7.03.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

(5) Reporting. Any construction, substantial reconstruction or alteration, as described in

310 CMR 7.03, at a facility subject to the reporting requirements of 310 CMR 7.12, shall be
reported to the Department on the next required source registration.

(6) Record-keeping. A record-keeping system shall be established and continued in sufficient

detail to document the date of construction, substantial reconstruction or alteration and that the
respective emission rates, operational limitations, equipment specifications and other
requirements pursuant to 310 CMR 7.03 are met. All records shall be maintained up-to-date
such that year-to-date information is readily available for Department examination.

(7) Operation. No person shall operate a facility constructed, substantially reconstructed or

altered pursuant to 310 CMR 7.03 except in conformance with the requirements established
herein. This exemption from the requirements of 310 CMR 7.02(4) and (5) shall not affect the
responsibility of the owner or operator to comply with other provisions of 310 CMR 7.00, other
applicable regulations or any plan approval, notice of noncompliance order, PSD permit or other
approval issued to said facility.

(8) Degreaser. Construction, substantial reconstruction or alteration of any degreaser in

compliance with the criteria established in 310 CMR 7.18(8), regardless of the item being
degreased, with a solvent consumption rate of less than 100 gallons per month. Consumption
rate is the amount of solvent added into the unit less any documented solvent waste disposal or
recycling amounts, each in gallons per month.

(9) Wave Solder. Construction, substantial reconstruction or alteration of an oil-less wave

solder operation or any wave solder operation with a flux consumption rate, including any
thinner, of less than 200 gallons per month, either equipped with an electrostatic precipitator
capable of maintaining a particulate control efficiency of greater than 90% or emitting visible
emissions with 0% opacity.

(10) Emergency or Standby Engine.

(a) On or after June 1, 1990, but prior to March 23, 2006, construction, substantial
reconstruction or alteration of any emergency or standby engine shall comply with 310 CMR
7.03(10)(a) through (c). All such emergency or standby engines shall:
1. Have an energy input capacity of equal to or greater than 3,000,000 Btu per hour and
less than or equal to 10,000,000 Btu per hour; and
2. Be equipped with an exhaust gas silencer so that sound emissions from the generator
will not cause or contribute to a condition of air pollution; and
3. Utilize an exhaust stack that discharges so as to not cause or contribute to a condition
of air pollution; and
4. Operate only:
a. for up to 100 hours per calendar year, or as otherwise approved by EPA, for
maintenance checks and readiness testing, provided that the tests are recommended
by federal, state or local government, the manufacturer, the vendor, the regional
transmission organization or equivalent balancing authority and transmission
operator, or the insurance company associated with the engine;
b. as part of the 100 hours, for up to 50 hours per calendar year for non-emergency
situations; and
c. during periods of electric power outage due to failure of the electrical supply, in
whole or in part, onsite disaster, local equipment failure, flood, fire or natural
disaster, or when the imminent threat of a power outage is likely due to failure of the
electrical supply.
Additional limitations and conditions may apply, including but not limited to,
40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60, Subpart IIII; and 40 CFR Part 60,
Subpart JJJJ.
(b) No person shall accept for delivery for burning in any engine subject to 310 CMR
7.03(10), diesel or any other fuel that does not meet the sulfur content limit for fuel in
310 CMR 7.05.
(c) Reporting and record keeping requirements for 310 CMR 7.03(10), as required by
310 CMR 7.03(5) and (6), shall be in accordance with 310 CMR 7.02(8)(i)3. through 4.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

(11) Lead Melt Pots. Construction, substantial reconstruction or alteration of any lead melt
pot(s) equipped with fabric filter control capable of maintaining 99.5% control efficiency of
particulate matter.

(12) Dry Material Storage Silo. Construction, substantial reconstruction or alteration of any
storage silo equipped with fabric filter control capable of maintaining 99.5% control efficiency.

(13) Motor Vehicle Fuel Dispensing Facility. Construction, substantial reconstruction or

alteration of a Stage I or Stage II system at a motor vehicle fuel dispensing facility, provided that
such system meets the requirements of 310 CMR 7.24(3) and (6), and the Department is notified
of said installation.

((14) Reserved))

(15) Non-heatset Offset Lithographic Printing. On or after July 1, 1992, construction,

substantial reconstruction or alteration of any non-heatset offset lithographic printing press,
except such presses present at a facility subject to 310 CMR 7.26(20), utilizing materials
containing VOCs or organic material including, but not limited to, printing inks, overprint
coatings, makeup solvents, fountain solution additives, adhesives, alcohol and cleanup solutions,
complying with the applicable performance standards set forth in 310 CMR 7.03(15)(b) and (c)
shall be subject to the requirements in either 310 CMR 7.03(15)(a)1. or 2. and in 310 CMR
7.03(15)(d) and (f), and to the recordkeeping requirements in 310 CMR 7.03(15)(e).
(a)1. The total facility, including the new or modified printing press, shall use less than
670 gallons per month of all materials containing VOCs, or alternatively, its emission
rate shall be less than 2.5 tons of VOC per calendar month. This emission rate shall
include emissions from all printing and non-printing operations at the facility including,
but not limited to, non-heatset offset lithographic printing presses. The owner/operator
is subject to the reporting requirements of 310 CMR 7.12.
2. The total facility, including the new or modified printing press, shall use less than
2,000 gallons per 12-month rolling period of all materials containing organic material
(includes VOC), or, alternatively, shall emit less than ten tons of organic material
(includes VOC), per 12-month rolling period. This emission rate shall include emissions
from all printing and non-printing operations at the facility including, but not limited to,
non-heatset offset lithographic printing presses. The owner/operator is not subject to the
reporting requirements of 310 CMR 7.12 unless otherwise required.
(b) Non-heatset offset lithographic printing presses subject to 310 CMR 7.03(15) and
employing a fountain solution containing VOC shall meet the following as applied
specifications:
1. For web presses installed on or after May 1, 1998, the fountain solution shall not
contain any alcohol.
2. For sheet-fed presses with cylinder widths greater than 21 inches installed on or after
July 1, 1992:
a. The fountain solution shall be maintained at 3% by weight or less of alcohol; or
b. The fountain solution shall be maintained at 5% by weight or less of alcohol and
the fountain solution refrigerated to a temperature of less than 60°F.
3. For sheet-fed presses with cylinder widths of less than or equal to 21 inches, installed
on or after July 1, 1992, the fountain solution shall be maintained at 5% by weight or less
of alcohol.
4. For newspaper printing, the fountain shall contain 0% alcohol.
5. Any VOC-containing fountain additive other than alcohol shall be limited to a mix
ratio that will result in a VOC concentration in the fountain solution, excluding alcohol,
equal to or less than 2.5% by weight.
(c) Cleanup solution containing VOC shall meet the following criteria:
1. Cleanup solution as used at the press shall either:
a. not exceed 70% by weight VOC; or
b. have a VOC composite partial pressure of 10 mmHg or less at 20°C (68°F).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

2. Cleanup solution shall be kept in tightly covered containers during transport and
storage; and
3. The used cleaning rags used in conjunction with the cleanup solution shall be placed,
when not in use, in closed containers and collected for proper disposal or recycle.
(d) Adhesives shall meet a VOC content Limit of 300 grams VOC per liter of product as
applied (2.5 pounds per gallon), less water.
(e) Any person subject to 310 CMR 7.03(15) shall maintain records sufficient to
demonstrate compliance. Records kept to demonstrate compliance shall be kept on-site for
five years and shall be made available to representatives of the Department upon request.
Such records shall include, but are not limited to:
1. Identity, formulation (percent VOC by weight as determined by the manufacturer's
formulation data or EPA Method 24 or 24A test), and quantity (gallons per calendar
month) for each VOC-containing compound used at the facility including, but not limited
to:
a. Alcohol;
b. Makeup solvent;
c. Fountain additives, including fountain solution alcohol substitute;
d. Fountain solution concentrate;
e. Printing Ink;
f. Cleanup solution;
g. Adhesives; and
h. Overprint coatings.
2. The percent by weight of alcohol in the fountain solution as determined each time
alcohol or alcohol mix is added to the system;
3. The weight percent of VOC-containing fountain additives other than alcohol in the
fountain solution;
4. For fountain solutions subject to refrigeration requirements of 310 CMR 7.03(15)(b),
the temperature of the fountain solution, as recorded on a once per shift basis; and
5. Total VOC emissions (tons per calendar month) for all printing presses combined at
the facility, as described in 310 CMR 7.03(15)(a).
(f) Any person who complies with 310 CMR 7.03(15) in lieu of obtaining a plan approval
for a press under 310 CMR 7.02 shall comply with applicable RACT requirements of
310 CMR 7.18(25) when such requirements become more stringent than those in 310 CMR
7.03(15).

(16) Paint Spray Booths. Construction, substantial reconstruction or alteration of any paint
spray booth utilizing coatings, thinners, reducers and cleanup solutions, and complying with the
applicable performance standard of 310 CMR 7.03(16)(b) through (l) shall be subject to the
requirements in 310 CMR 7.03(16)(m) and either 310 CMR 7.03(16)(a)1. or 2.
(a) 1. The total facility, including the new or modified paint spray booth, shall use less than
670 gallons per calendar month of all materials containing VOCs, or alternatively, has
an emission rate of less than 2.5 tons of VOC per calendar month. This emission rate
includes all coating operations at the facility. The owner/operator is subject to the
reporting requirements of 310 CMR 7.12.
2. The total facility, including the new or modified paint spray booth, shall use less than
2,000 gallons per 12-month rolling period of any material containing organic material
(includes VOC), or alternatively, has an emission rate less than ten tons of organic
material (includes VOC) per 12-month rolling period. This emission rate includes all
coating operations at the facility. The owner/operator is not subject to the reporting
requirements of 310 CMR 7.12 unless otherwise required.
(b) The coating operation shall be of a type described in 310 CMR 7.18, regardless of
annual or potential emission applicability criteria contained in 310 CMR 7.18. These
operations are:
310 CMR 7.18(3) Metal Furniture Surface Coating;
310 CMR 7.18(4) Metal Can Surface Coating;
310 CMR 7.18(5) Large Appliance Surface Coating;
310 CMR 7.18(6) Magnetic Wire Insulation Surface Coating;
310 CMR 7.18(10) Metal Coil Coating;
310 CMR 7.18(11) Surface Coating of Miscellaneous Metal Parts and Products;
310 CMR 7.18(21) Plastic Parts Surface Coating;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

310 CMR 7.18(22) Leather Surface Coating;

310 CMR 7.18(23) Wood Products Surface Coating;
310 CMR 7.18(24) Flat Wood Paneling Surface Coating; and
310 CMR 7.18(28) Automotive Refinishing.
Operations not listed in 310 CMR 7.03(16)(b) are not covered by this exemption and
require either a Limited Plans Application (LPA) or Comprehensive Plans Application
(CPA) as required by 310 CMR 7.02.
(c) All coatings used in the new or modified spray booth shall comply with the as-applied
formulations contained in 310 CMR 7.18 for the spray coating of material described by the
relevant subsection. Notwithstanding the previous statement, for any person who owns,
leases, operates or controls a facility with coating operation(s) subject to 310 CMR 7.03(16),
the emissions of VOC from any coatings used in small amounts at the facility are exempt
from the emission limitations of the relevant subsection, provided the person satisfies the
following conditions:
1. the total amount of all coatings exempted does not exceed 55 gallons during any
rolling 12 month period at the facility; and,
2. the person identifies and tracks the usage of the coatings covered by this exemption;
and,
3. the person complies with the record keeping and testing requirements of the
applicable section(s) of 310 CMR 7.03(16)(b).
(d) Spray guns shall utilize one of the following methods of spray application and be
maintained and operated in accordance with the recommendations of the manufacturer:
1. Electrostatic spray application; or
2. High Volume Low Pressure (HVLP) spray application; or
3. Any other coating application method that achieves a transfer efficiency equivalent
to electrostatic or HVLP spray application and is approved by the Department in writing.
(e) Each paint spray booth shall utilize two or more layers of dry fiber mat filter with a total
thickness of at least two inches or an equivalent system as determined in writing by the
Department and that achieves particulate control efficiency of at least 97% by weight. Filter
material shall be disposed in accordance with all applicable DEP regulations.
(f) Face velocity of air at filter shall not exceed 200 feet per minute.
(g) For surface preparation, prior to coating, the VOC content of any surface preparation
solution shall not exceed 1.67 pounds per gallon. However, for surface preparation of plastic
parts the VOC content of the surface preparation solution shall not exceed 6.5 pounds of
VOC per gallon.
(h) Spray guns shall be cleaned in a device that:
1. minimizes solvent evaporation during the cleaning, rinsing, and draining operations;
2. recirculates solvent during the cleaning operation so that the solvent is reused; and,
3. collects spent solvent in a container with a tight-fitting cover so that it is available for
proper disposal or recycling.
(i) The paint spray booth shall have a stack conforming to the following criteria:
1. The stack shall discharge vertically upwards;
2. The stack shall not have rain protection of a type that restricts the vertical exhaust
flow;
3. The stack gas exit velocity shall be greater than 40 feet per second; and
4. The minimum stack exit height shall be 35 feet above the ground or ten feet above
roof level.
(j) Emissions from stack shall have 0% opacity.
(k) Sufficient records shall be prepared and maintained to demonstrate compliance for each
calendar month. Such records shall include, but are not limited to:
1. For each coating, as applied:
a. Gallons of coating used;
b. Coating density (Pounds per gallon);
c. Pounds of VOC per gallon of coating;
d. Pounds of solids per gallon of coating;
e. Pounds of water per gallon of coating;
f. Pounds of other non-VOC liquid per gallon of coating; and
g. Pounds of VOC per gallon of solids as applied.
2. Gallons of exempt/non-compliance coatings used; and
3. Gallons of cleanup solution used and pounds VOC per gallon; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

4. Maintenance records of filter pad replacement and disposal.

(l) As an alternative to 310 CMR 7.03(16)(k)1. and (k)2., persons subject to 310 CMR
7.18(28): Automotive Refinishing shall maintain purchase records of coatings and surface
preparation products on a monthly basis. The purchase records shall be summarized and
include coating category, coating or coating component, and surface preparation product as
identified on the container, the quantity of each coating or component, and surface
preparation product, and the VOC content (in pounds per gallon) of each coating and surface
preparation product, after mixing according to the manufacturer's instructions. Records shall
be kept for three years, and be made available to representatives of the Department upon
request.
(m) Any person who complies with 310 CMR 7.03(16), in lieu of obtaining a plan approval
for a spray booth under 310 CMR 7.02, shall comply with applicable RACT requirements
of 310 CMR 7.18(3) through (6), (10), (11), (21) through (24), and (28) when such
requirements become more stringent than those in 310 CMR 7.03(16).

(17) Groundwater/Soil Venting Systems. Construction, substantial reconstruction or alteration

of any Contaminated Groundwater Treatment System (CGTS) or contaminated soil venting
system complying with the following criteria:
(a) CGTS or contaminated soil venting systems shall be equipped and operated such that
the system continuously reduces VOC in air effluent stream by at least 95% (by weight).
Such systems include, but are not limited to, the following:
1. CGTS followed by carbon adsorber, incinerator or equivalent air pollution control
device; or
2. Contaminated soil venting followed by carbon adsorber, incinerator or equivalent air
pollution control device.
(b) Systems shall be equipped and operated with the necessary procedures and
instrumentation to assure operation in compliance with this standard including, but not
limited to:
1. Interlock to prevent operation of the entire system without proper control device
operation including, but not limited to, automatic shutoff if incinerator drops below
normal operating temperature;
2. Inlet/outlet incinerator temperature indicators;
3. For a CGTS, flowmeter(s) indicating rate and total amount of groundwater being
treated, if applicable; and
4. On-site regeneration of carbon or regularly scheduled replacement of carbon, if used.
(d) Sufficient records shall be prepared and maintained to demonstrate emissions
compliance for each month. Records shall include, but are not limited to the following, as
applicable:
1. Once per month, measurement of water flow rate and total flow to date for the month;
2. For a CGTS, once per month measurement of inlet and effluent water VOC
concentration;
3. Once per month, measurement of VOC concentration in air prior to control, and VOC
concentrations after control;
4. Once per month, measurement of overall VOC reduction efficiency of the air
pollution control system in percent by weight;
5. Maintenance records of the system;
6. Monthly operating hours of the system;
7. Once per month, measurement of incinerator outlet temperatures; and
8. Carbon regeneration/replacement records.

(18) Fuel Cells. Construction, substantial reconstruction or alteration of any fuel cell(s)
complying with the following criteria:
(a) The emissions from the fuel cell will not exceed the following standards based upon a
one hour averaging time:
1. NOx - 0.03 pounds per megawatt hour.
2. Carbon Monoxide - 0.05 pounds per megawatt hour.
3. Non methane organic compounds - 0.008 pounds per megawatt hour.
(b) Any person subject to 310 CMR 7.03(18) shall keep records of monthly electric
generation.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

(19) Flexographic, Gravure, Letterpress and Screen Printing. On and after May 1, 1998,
construction, substantial reconstruction, or alteration of any flexographic, gravure, letterpress,
or screen printing press at a facility that is not subject to 310 CMR 7.26(20) through (29), but
that is utilizing materials containing VOC or organic material including, but not limited to,
printing inks and overprint coating, alcohol, makeup solvents, and cleanup solutions complying
with the applicable performance standards in 310 CMR 7.26(25) and 310 CMR 7.26(26), shall
be subject to the limits and reporting requirements in either 310 CMR 7.03(19)(a)1. or 2. and
shall also be subject to the requirements in 310 CMR 7.03(19)(c) and to the recordkeeping
requirements in 310 CMR 7.03(19)(b).
(a) 1. The total facility including, but not limited to, the new or modified printing press, and
non-printing operations at the facility, shall use less than 670 gallons per calendar month
of all materials containing VOCs or, alternatively, the total facility emission rate shall be
less than 2.5 tons of VOC per calendar month. The owner/operator is subject to the
reporting requirements of 310 CMR 7.12; or
2. The total facility including, but not limited to, the new or modified printing press, and
non-printing operations at the facility, shall use less than 2,000 gallons per 12-month
rolling period of all materials containing organic material (includes VOC) or,
alternatively, the total facility emission rate shall be less than ten tons of organic material
(includes VOC) per 12-month rolling period. The owner/operator is not subject to the
reporting requirements of 310 CMR 7.12 unless otherwise required.
(b) Any person subject to 310 CMR 7.03(19) shall maintain records sufficient to
demonstrate compliance. Such records shall include, but are not limited to, records
demonstrating that cleanup solutions, inks, coatings, and adhesives are in compliance with
applicable standards set forth in 310 CMR 7.26(20) through (29) and that the usage rate or
the emissions rate do not exceed the rates set forth in 310 CMR 7.03(19)(a). Records kept
to demonstrate compliance shall be kept on site for five years and shall be made available to
representatives of the Department upon request.
(c) Any person who complies with 310 CMR 7.03(19), in lieu of obtaining a plan approval
for a press under 310 CMR 7.02, shall comply with applicable RACT requirements of
310 CMR 7.18(12) and (25) and 310 CMR 7.26(20) through (29) when such requirements
become more stringent than those in 310 CMR 7.03(19).

(21) Corona Surface Treatment Devices. Construction, substantial reconstruction or alteration

of any bare-roll or covered-roll corona surface treatment device equipped with a catalytic ozone
decomposer designed to reduce ozone emissions by 99.9% or to an emission limit of 0.1 ppm
at the catalytic device outlet.

(22) Conveyors, and Dry Material Storage (Except Silos). Construction, substantial
reconstruction or alteration of equipment used exclusively to convey or store dry solid materials
in an enclosed system or equipped with a fabric filter or equivalent particulate control device
capable of maintaining 99.5% control efficiency for particulate emissions. In addition, said
operation shall not generate any visible emissions and shall comply with provisions of 310 CMR
7.10: U Noise. This standard is not applicable to conveyors and dry material storage associated
with Standard Industrial Classification Code Major Group 1400 (Mining), Major Group 2900
(Petroleum and Coal products) and Major Group 3200 (Stone, Clay and Glass Products).

(23) Temporary Boilers. Construction or installation of a temporary boiler at a facility where

a boiler is no longer available for use. A boiler is considered unavailable for use if it has been
shut down for repair or inspection or is no longer available or operating due to circumstances
beyond the control of the person who owns or operates the facility. Temporary boilers must meet
the following conditions:
(a) Have a maximum heat input capacity less than or equal to the boiler it is replacing;
(b) Be installed for a period not to exceed 120 days;
(c) Use the same or lower sulfur content fuel as the boiler it is replacing; and
(d) Comply with all other applicable requirements for the boiler that it replaced.
The Department may grant an extension to operate the temporary boiler beyond 120 days.
Such an extension shall be considered upon receiving a written request for an extension.
Approval of an extension will be issued in writing.

(24) Welding. Construction, substantial reconstruction, alteration or operation of welding

equipment provided that:
(a) The facility uses ten tons or less of welding rod per year; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

(b) Each welding station is equipped with a ventilation system designed to vent fumes and
particulate to a particulate collection device having a control efficiency of 90% or greater.

(25) Biotechnology Surface Disinfection Processes.

(a) Construction, substantial reconstruction, or alteration of any surface disinfection process
used in making any of the following medical device, drug, or biologic products:
1. a product derived in whole or in part from biotechnology, and
2. one of the following applications or notices has been filed with U.S. Food and Drug
Administration (FDA) for such product: an Investigational New Drug Application, an
Investigational Device Exemption Notice, a New Drug Application, a premarket approval
application, or a premarket notification pursuant to section 510(k) of the federal Food,
Drug and Cosmetic Act (510(k)) (including an FDA-approved exemption from the
510(k) premarket notification requirement).
(b) Surface disinfection processes shall comply with the following criteria:
1. The total facility-wide actual emissions, including new or modified surface
disinfection processes, shall comply with the requirements in either 310 CMR
7.03(25)(b)1.a. or b.
a. 15 tons of volatile organic compounds (VOC) per 12-month rolling period. This
VOC emission limitation includes all process operations at the facility. In addition,
facility-wide actual emissions of VOC shall not exceed 2.5 tons per calendar month.
The owner/operator is subject to the reporting requirements of 310 CMR 7.12.
b. Less than ten tons of materials containing organic material (includes VOC) per
12-month rolling period. This organic material emission limitation includes all
process operations at the facility. The owner/operator is not subject to the reporting
requirements of 310 CMR 7.12 unless otherwise required.
2. The total facility-wide actual emissions, shall not exceed nine tons of any single
Hazardous Air Pollutants (HAP as defined at 40 CFR Part 63) per 12-month rolling
period, and shall not exceed 15 tons of any combination of (total) HAP per 12-month
rolling period. In addition, facility-wide actual emissions of any individual HAP shall
not exceed two tons per calendar month, and any combination of (total) HAP shall not
exceed three tons per calendar month.
3. Processes that emit or will emit VOCs or HAPs in exceedance of limitations for
VOCs and HAPs established in 310 CMR 7.02(25)(b)1. or 2., are subject to 310 CMR
7.02(5), and a person shall obtain written Department plan approval prior to
commencement of construction, installation and operation of said processes.
4. Combustion processes that support processes subject to 310 CMR 7.03(25) are
subject to regulatory standards found at 310 CMR 7.02, 310 CMR 7.03, or 310 CMR
7.26.
5. Cleaning, sterilization, disinfection, and other operations:
a. Cleaning, sterilization, disinfection, and other solutions which contain VOC shall
be kept in tightly closed containers when not in active use and during transport and
storage, and
b. The spent cleaning cloths and/or wipes used in conjunction with the cleaning and
sterilization solutions shall be placed, after use, in tightly closed containers and
collected for proper recycling or disposal.
6. Any person subject to this regulatory standard shall maintain records sufficient to
demonstrate compliance with 310 CMR 7.03(25) for each calendar month. Records kept
to demonstrate compliance with 310 CMR 7.03(25) shall be maintained on-site for five
years and shall be made available to representatives of the Department upon request. For
each process and operation, such records shall include, but not be limited to:
a. Gallons of VOC used;
b. Pounds of VOC used;
c. Gallons of individual and total HAP used; and
d. Pounds of individual and total HAP used.

(26) Rock Crushing and Processing Operations - Existing Equipment Replacement.

(a) Applicability on and after July 24, 2009. 310 CMR 7.03(26) shall apply to the
replacement of equipment at a rock crushing and processing facility operating with a written
plan approval from the Department under the provisions of 310 CMR 7.02.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.03: continued

(b) Definitions. When used in 310 CMR 7.03(26) the following terms shall mean:
1. Conveying Systems means a device for transporting materials from one piece of
equipment or ___location to another piece of equipment or ___location.
2. Crusher means a machine used to crush nonmetallic minerals into smaller pieces, and
includes, but is not limited to, the following types: jaw, gyratory, cone, roll, rod mill,
hammermill, and impactor.
3. Dust Suppression System means a water spray system designed to minimize fugitive
emissions throughout the rock crushing and processing operation.
4. Rock Crushing and Processing Equipment means a combination of equipment that
is used to crush and sort nonmetallic minerals including, but not limited to, crushers,
screening operators, conveying systems, dust suppression systems, feeders, and wash
systems.
5. Screening Operation means a device for separating material according to size by
passing undersized material through one or more mesh surfaces (screens) in series, and
retaining oversized material on the mesh surfaces.
(c) Equipment Replacement. An owner or operator may replace rock crushing and
processing equipment under the provisions of 310 CMR 7.03(26) provided that:
1. The rock crushing and processing equipment was previously approved by the
Department in writing under the provisions of 310 CMR 7.02 and said approval is valid
at the time of equipment replacement, and
2. Equipment replacement will not increase overall processing capacity or emissions
(including noise) from the rock crushing and processing operation, and
3. The owner or operator complies with the provisions of 310 CMR 7.03(26) in its
entirety, and
4. The rock crushing and processing operation shall be equipped with a dust suppression
system that will limit opacity to less than 10% at all time, and
5. The rock crushing and processing operation will be operated in accordance with all
applicable conditions and limitations contained in the Department’s plan approval for the
original equipment.
(d) Testing. Within seven days of recommencement of operation after completion of
equipment replacement, visible emission observations shall be conducted for the rock
crushing and processing operations in accordance with 40 CFR 60: Appendix A Method 9
to verify compliance with 310 CMR 7.03(26)(c)4.
(e) Record Keeping. Records documenting any equipment replacement as provided in
310 CMR 7.03(26) and of visible emission observations as required by 310 CMR 7.03(26)(d)
shall be maintained on-site in accordance with the provisions of 310 CMR 7.03(6).
(f) Reporting. Replacement of equipment shall be reported to the Department in
accordance with the provisions of 310 CMR 7.03(5).
(g) Duty to Comply. Compliance with the provisions of 310 CMR 7.03(26) does not
obviate the need to comply with 40 CFR 60 Subpart OOO if applicable.

7.04: U Fossil Fuel Utilization Facilities

((1) Reserved)

(2) U Smoke Density Indicator.

(a) on or after June 1, 1990, no person shall cause, suffer, allow, or permit the burning of
any grade oil or solid fuel in any fuel utilization facility having an energy input capacity rated
by the Department equal to or greater than 40,000,000 Btu per hour, unless such facility is
equipped with a smoke density sensing instrument and recorder which are properly
maintained in an accurate operating condition, operates continuously and is equipped with
an audible alarm to signal the need for combustion equipment adjustment or repair when the
smoke density is equal to or greater than No. 1 of the Chart. Such smoke density equipment
shall be available for inspection at reasonable times by a representative of the Department.
Such inspection may include the review of recording charts which must be retained and made
available for a period of one year from the date of use.
(b) the Department may require any fuel utilization facility, other than those specified under
the provision of 310 CMR 7.04 (2)(a) to be equipped with smoke density sensing devices and
appurtenances if, in the opinion of the Department, such are deemed necessary.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.04: continued

(c) On or after July 1, 2000 any person owning or operating a fuel utilization facility with
an energy input capacity equal to or greater than 10,000,000 Btu per hour but less than
40,000,000 Btu per hour is no longer required to install or maintain a smoke density sensing
instrument and recorder even if required in a previous plan approval. Applicability is based
on the size of an individual fuel utilization emission unit.
(d) Notwithstanding the requirements of 310 CMR 7.04(2)(a) and (c), a new or modified
fuel utilization facility may be required to install instrumentation to monitor opacity should
it be subject to New Source Performance Standards contained at 40 CFR Part 60, Subparts
D, Da, Db or Dc.

((3) Reserved)

(4) U Inspection, Maintenance and Testing.

(a) On and after December 31, 1977, no person shall cause, suffer, allow, or permit the
operation of any fossil fuel utilization facility rated by the Department as having an energy
input capacity equal to or greater than 3,000,000 Btu per hour unless said facility has been
inspected and maintained in accordance with the manufacturers recommendations and tested
for efficient operation at least once in each calendar year. The results of said inspection,
maintenance, and testing and the date upon which it was performed shall be recorded and
posted conspicuously on or near the facility. Unless otherwise required, 310 CMR 7.04(4)(a)
shall not apply to stationary combustion turbines and stationary reciprocating engines.
(b) No person shall cause, suffer, allow, or permit the removal, alteration or shall otherwise
render inoperative any air pollution control equipment which has been installed as a
requirement of 310 CMR 7.00, other than for reasonable maintenance periods or unexpected
and unavoidable failure of equipment.

(5) U Fuel Oil Viscosity. On or after July 1, 1978, no person shall cause, suffer, allow, or
permit the burning of any grade residual oil in any fossil fuel utilization facility with an energy
input capacity rated by the Department as equal to or greater than 250,000,000 Btu per hour
unless said facility is equipped with an automatic viscosity controller that shall control the
viscosity of the fuel oil to the burners. The automatic controller shall be of a type approved by
the Department.
The Department may require a fossil fuel utilization facility with an energy input capacity
rated by the Department as equal to or greater than 100,000,000 Btu per hour but less than
250,000,000 Btu per hour to be equipped with an automatic viscosity controller if, in the opinion
of the Department, such is deemed necessary.

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

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

(a) Upon receipt of written notification from the Department, no person shall cause, suffer,
allow, or permit the operation of a fossil fuel utilization facility having an energy input
capacity greater than 3,000,000 Btu per hour located in the City of Worcester utilizing a
burner or burners of a design not approved by the Department, without the approval of the
Department pursuant to 310 CMR 7.00.
(b) 310 CMR 7.04(7)(a) shall not apply to those facilities having met any one of the
following conditions:
1. demonstrated an ability to maintain compliance with applicable regulations;
2. demonstrated to the satisfaction of the Department that the fossil fuel utilization
facility is used only as an emergency or standby unit; or
3. demonstrated to the satisfaction of the Department that utilization of distillate fuel
oil in the fossil fuel utilization facility will not cause a violation 310 CMR 7.00.
(c) No person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization
facility subject to the provisions of 310 CMR 7.04(7)(a) unless said person has submitted a
schedule to the Department on a form provided by the Department specifying the dates by
which compliance with 310 CMR 7.04(7)(a) will be achieved. Compliance in all instances
shall be achieved as expeditiously as practicable but in no case later than September 1, 1980.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.04: continued

(8) CM Prohibition of Natural Draft in Fossil Fuel Utilization Facilities in the City of
Worcester.
(a) Upon receipt of written notification from the Department, no person shall cause, suffer,
allow, or permit the use of natural draft as a secondary air supply in a fossil fuel utilization
facility having an energy input capacity greater than 3,000,000 Btu per hour located in the
City of Worcester, without the approval of the Department pursuant to 310 CMR 7.00
(b) 310 CMR 7.04(8)(a) shall not apply to those facilities having met either of the following
conditions:
1. demonstrated an ability to maintain compliance with applicable regulations; or
2. demonstrated to the satisfaction of the Department that the fossil fuel utilization
facility is used only as an emergency or standby unit.
(c) No person shall cause, suffer, allow, or permit the operation of any fossil fuel utilization
facility subject to the provisions of 310 CMR 7.04(8)(a) unless said person has submitted a
schedule to the Department specifying the dates by which compliance with 310 CMR
7.04(8)(a) will be achieved. Compliance in all instances shall be achieved as expeditiously
as practicable, but in no case later than September 1, 1980.

(9) Used Oil Fuel.

(a) Except as provided for in 310 CMR 7.04(9)(b) through (d), no person having control of
a fossil fuel utilization facility shall cause, suffer, allow, or permit the burning therein of used
oil fuel unless:
1. the Department has in writing approved the plans, specifications, Standard Operating
Procedure, and maintenance procedure for the facility in which the used oil fuel is to be
burned, and
2. the used oil fuel is burned in said facility in accordance with the plans, specifications,
Standard Operating Procedure, and maintenance procedure as approved in writing by the
Department, including all terms and conditions which the Department may include in
such approval, and
3. a minimum combustion efficiency of 99.5% is achieved, and
4. the energy input capacity for each individual facility is equal to or greater than
3,000,000 Btu per hour.
(b) A person who, on July 1, 1986, was lawfully burning used oil fuel in a fossil fuel
utilization facility other than a used oil fuel fired space heater may continue to do so
1. between that date and December 31, 1986 only if
a. a minimum combustion efficiency of 99.5% is achieved, and
b. the energy input capacity for each individual facility is equal to or greater than
3,000,000 Btu per hour, and
c. the activity is in compliance with all applicable provisions of 310 CMR 7.00,
except that specific approval by the Department to burn used oil fuel in the fossil fuel
utilization facility shall not be required during that time, and
d. the activity is in compliance with all applicable provisions of 310 CMR
30.099(16) and 310 CMR 30.200, including but not limited to the conditions set forth
in 310 CMR 30.205, except that a recycling permit shall not be required during that
time, and
2. after December 31, 1986 only if
a. such person has applied in writing to the Department for the Department's
approval of the plans, specifications, Standard Operating Procedure, and maintenance
procedure for the fossil fuel utilization facility in which the used oil fuel is to be
burned, and
b. such application was received by the Department by no later than December 31,
1986, and
c. such application has not been denied by the Department, and
d. the activity is in compliance with all applicable provisions of 310 CMR 7.00,
except that specific approval by the Department to burn used oil fuel in the fossil fuel
utilization facility shall not be required while such application is pending, and
e. the activity is in compliance with all applicable provisions of 310 CMR
30.099(16) and 310 CMR 30.200, including but not limited to the conditions set forth
in 310 CMR 30.205, except that a recycling permit shall not be required while the
application referred to in 310 CMR 30.099(16) is pending, and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.04: continued

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

g. the energy input capacity for each individual facility is equal to or greater than
3,000,000 Btu per hour.
(c) No person shall sell or distribute, or offer for sale or distribution, any used oil fuel fired
space heater unless the energy input capacity of the space heater is equal to or less than
500,000 Btu per hour.
(d) No person shall cause, suffer, allow, or permit the burning of used oil fuel in any space
heater unless:
1. the energy input capacity of the space heater is equal to or less than 500,000 Btu per
hour,
2. the combustion gases are vented vertically to the ambient air so as to not cause or
contribute to a condition of air pollution,
3. the used oil fired space heater is integrally connected to a tank that supplies the used
oil fuel to the space heater,
4. the used oil fired space heater is operated and maintained in accordance with the
manufacturers recommended operating and maintenance procedures, and the used oil
fired space heater is not operated during the period from June 15th through
September 15th,
5. the used oil fuel is burned at the site of generation, or off the site of generation as a
supplemental fuel source, which may include used oil fuel generated and transported by
a very small quantity generator pursuant to 310 CMR 30.353, or used oil fuel generated
by a household as described in 310 CMR 30.104(6);
6. the used oil fuel is hazardous waste only because it is waste oil pursuant to 310 CMR
30.131, and has a flash point of 100oF or higher; and
7. the burning of the used oil fuel in the used oil fuel fired space heater is done in
compliance with all other applicable regulations and requirements of the Department, the
local fire department and the Office of the Massachusetts State Fire Marshall.

7.05: U Fuels All Districts

(1) Sulfur Content of Fuels. (except natural gas)

(a) Maximum Sulfur Content of Fuel.
1. No person owning, leasing or controlling the operation of a fossil fuel utilization
facility shall cause, suffer, allow or permit the burning therein of any liquid fossil fuel
having a sulfur content in excess of that listed in 310 CMR 7.05(1)(a)1.: Table 1 and in
accordance with the timelines listed in 310 CMR 7.05(1)(a)1.: Table 1, and/or of any
solid fossil fuel having a sulfur content in excess of that listed in 310 CMR 7.05(1)(a)1.:
Table 2, except as provided in 310 CMR 7.05(1)(b).
2. On and after July 1, 2014, no person owning, leasing or controlling the operation of
an indirect heat exchanger with an energy input capacity equal to or greater than 250
MMBtu per hour providing steam to a steam-electric generator that produces electrical
energy for sale shall cause, suffer, allow or permit the burning therein of any residual fuel
oil having a sulfur content in excess of 0.28 pounds per million Btu heat release potential
(i.e., 0.5% sulfur content by weight), except as provided in 310 CMR 7.05(1)(b).
3. Stationary Engines and Turbines. On and after July 1, 2007, no person owning,
leasing or controlling a stationary engine or turbine subject to the requirements of
310 CMR 7.02(8)(i), 310 CMR 7.03(10), or 310 CMR 7.26(40) through (44) shall accept
for delivery for burning any diesel or other fuel unless said fuel 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
January 18, 2001.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.05: continued

310 CMR 7.05(1)(a)1.: Table 1: Sulfur Content Limit of Liquid Fossil Fuel
Heat Release Percent by Weight
District/Area Fuel Potential, (parts per million, Applicability Date
lb/MMBtu ppm)
Statewide Distillate Oil 0.17 0.3% Prior to July 1, 2014
(3,000)
Statewide Distillate Oil Not Applicable 0.05% July 1, 2014 through
(500) June 30, 2018
Statewide Distillate Oil Not Applicable 0.0015% on and after
(15) July 1, 2018
Berkshire APCD Residual Oil 1.21 2.2% June 23, 1975
Cities and Towns Residual Oil 0.28 0.5% October 1, 1970
of Arlington,
Belmont, Boston,
Brookline,
Cambridge,
Chelsea, Everett,
Malden, Medford,
Newton
Somerville,
Waltham, and
Watertown
Merrimack Valley Residual Oil 1.21 2.2% Prior to July 1, 2014
APCD, (Except (1.0%)
City of Lawrence
and Towns of
Andover, North
Andover, and
Methuen)
Merrimack Valley Residual Oil 0.55 1.0% July 1, 2014 through
APCD June 30, 2018
Remainder of Residual Oil 0.55 1.0% Prior to July 1, 2018
State
Statewide except Residual Oil 0.28 0.5% On and after
Berkshire APCD July 1, 2018
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.05: continued

310 CMR 7.05(1)(a)1.: Table 2: Sulfur Content Limit of Solid Fossil Fuel
Heat Release Potential,
District/Area Fuel lb/MMBtu Percent by Weight
Berkshire APCD and Coal 1.21 1.57%
Merrimack Valley
APCD, except City of
Lawrence and Towns
of Andover, North
Andover, and Methuen
Cities and Towns of Coal 0.28 0.36%
Arlington, Belmont,
Boston, Brookline,
Cambridge, Chelsea,
Everett, Malden,
Medford, Newton
Somerville, Waltham,
and Watertown
Remainder of State, Coal 0.55 0.72%
including City of
Lawrence and Towns
of Andover, North
Andover, and Methuen

(b) Exceptions.
1. Any person with an existing approval issued by the Department that allows the
burning of fossil fuel oil with a sulfur content in excess of the limits in 310 CMR
7.05(1)(a)1.: Table 1 may burn such fuel in compliance with the Department's approval
until July 1, 2014. Beginning on July 1, 2014, such person shall comply with the fuel oil
sulfur content limits in 310 CMR 7.05(1)(a)1.: Table 1, except as provided in 310 CMR
7.05(1)(b)2. or 3.
2. Any person owning, leasing or controlling the operation of a fossil fuel utilization
facility may burn any existing stock of fossil fuel oil at the facility, but shall not accept
delivery of fuel with a sulfur content in excess of the limits in 310 CMR
7.05(1)(a)1.: Table 1 on or after the applicable date(s) in 310 CMR 7.05(1)(a)1.: Table
1, except as provided in 310 CMR 7.05(1)(b)3.
3. The sulfur content limits in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 shall not
apply to a facility whose owner or operator has applied for and received approval from
the Department and EPA of a plan whereby use of a fuel with a sulfur content in excess
of the limits in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 would cause no greater
emissions of sulfur compounds into the ambient air than if the applicable sulfur content
fuel in 310 CMR 7.05(1)(a)1.: Table 1 and Table 2 were used. The plan must be
approved by the Department, in writing, and any conditions attached to the Department's
approval must be agreed to by the applicant, in writing.
4. Approval granted under the provisions of 310 CMR 7.05(1)(b)1. or 3. may be
revoked by the Department for cause or when in its opinion revocation is necessary to
prevent or abate a condition of air pollution.

(2) U Use of Residual Fuel Oil or Hazardous Waste Fuel. No person owning, leasing or
controlling an individual fuel utilization emission unit rated by the Department as having an
energy input capacity of less than 3,000,000 Btu per hour shall cause, suffer, allow or permit the
burning of any residual fuel oil or hazardous waste fuel therein.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.05: continued

(3) Ash Content of Fuels (Except Natural Gas).

(a) No person shall cause, suffer, allow or permit the burning in the Commonwealth of any
solid or solid/liquid mixture fossil fuel containing an ash content in excess of 4% by dry
weight, except as provided in 310 CMR 7.05(3)(b) and (c).
(b) In CM, MV, and SM, fossil fuel utilization facilities having an energy input capacity
rated by the Department of 250,000,000 or greater Btu per hour, may burn solid or
solid/liquid mixture fossil fuel with an ash content in excess of 9% by dry weight, provided
that:
1. An application is made to the Department in writing to use such fuel and any
information as the Department may require is submitted;
2. The Department determines that the use of such fuel would not cause other applicable
air pollution control regulations or ambient air quality standards to be violated; and
3. The use of such fuel has been approved, in writing, by the Department and the
conditions of approval have been agreed to by the applicant, in writing. Such conditions
of approval may include the installation, operation and maintenance of ambient air
monitoring equipment by the applicant, in a manner specified by the Department.
(c) In MB, B and PV, all fossil fuel utilization facilities may burn solid or solid/liquid
mixture fossil fuel with an ash content in excess of 9% by dry weight, provided that:
1. An application is made to the Department in writing to use such fuel and any
information as the Department may require is submitted;
2. The Department determines that the use of such fuel would not cause other applicable
air pollution control regulations or ambient air quality standards to be violated; and
3. The use of such fuel has been approved, in writing, by the Department and the
conditions of approval have been agreed to by the applicant, in writing. Such conditions
of approval may include the installation, operation and maintenance of ambient air
monitoring equipment by the applicant, in a manner specified by the Department.

(4) Fuel Additives. No person owning, leasing or controlling a fuel utilization facility shall
cause, suffer, allow or permit the use therein of any fuel additive except in accordance with the
manufacturer's recommended specifications.

(5) Fuel Suppliers.

(a) No person shall ship or deliver in intrastate commerce to any person for burning or
reshipment for burning, any fuels with a sulfur content in excess of those specified in
310 CMR 7.05(1)(a)1., except that such shipment may be provided when:
1. Use of such fuel has been approved by the Department in writing;
2. Such approval has been verified by the shipper; and
3. Record of such shipment shall be retained for two years and the record shall be made
available to the Department for its review and inspection during customary business
hours.
(b) Any person supplying in intrastate commerce for burning or for reshipment for burning,
fuel oil of a grade No. 2 or greater or coal shall keep and maintain records showing the
quantities of the fuels handled and analyses showing the Btu value, sulfur content, nitrogen
content (required only for residual fuel oils), viscosity, and ash content of said fuels and
make such records available to the Department for its review and inspection during
customary business hours.
(c) Any person supplying residual fuel oil in intrastate commerce shall provide certification
of the nitrogen content of the oil to its customers as determined by the applicable ASTM
method or any other method approved by the Department and EPA.
(d) Shippers and distributors of fossil fuels shall provide evidence, to the satisfaction of
customer-users, of the ash content of fuels supplied.

(6) All fuel analyses to be performed by or for distributors, suppliers or users of fuels, for
purposes of 310 CMR 7.00, shall be performed in accordance with the applicable ASTM method
or any other method approved by the Department and EPA.

(7) No person owning, leasing, or controlling the operation of a fossil fuel utilization facility
shall cause, suffer, allow, or permit the burning therein of any quantity, batch, or lot of used oil
fuel unless:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.05: continued

(a) that quantity, batch, or lot of used oil fuel was generated and mixed at the site of said
fossil fuel utilization facility by the person owning, leasing, or controlling the operation of
said fossil fuel utilization facility in compliance with 310 CMR 30.201, or
(b) both of the following requirements are met:
1. said quantity, batch, or lot of used oil fuel was mixed in compliance with 310 CMR
30.201; and
2. the person owning, leasing, or controlling the operation of the fossil fuel utilization
facility complied with 310 CMR 30.250.

(8) Except as provided in 310 CMR 7.05(9), no person owning, leasing, or controlling the
operation of a fossil fuel utilization facility shall cause, suffer, allow, or permit the burning
therein of any used oil fuel that does not meet the specifications set forth in 310 CMR
7.05(8): Table 3.

310 CMR 7.05(8): TABLE 3

STANDARDS FOR USED OIL FUEL

Constituent/Property Allowable
Sulfur As allowed pursuant to 310 CMR 7.05(1) for
residual fuel oil
Total Halogens 4000 ppm or less
PCBs Less than 50 ppm*
Higher Heating Value 120,000 or more Btu per gallon
Flash Point 100°F or more
Lead ** Less than 100 ppm
Arsenic ** 5 ppm or less
Cadmium ** 2 ppm or less
Chromium ** 10 ppm or less

* The burning of PCBs in concentrations of 50 or more parts per million is prohibited unless done in
compliance with 310 CMR 30.000.
** Does not apply to any facility equipped with air pollution control equipment that the Department
determines, in writing: (1) is Best Available Control Technology (BACT) and (2) reduces emissions to
a level equal to or less than would be emitted if a used oil fuel meeting the standard set forth in 310 CMR
7.05(8): Table 3 were to be burned in compliance with 310 CMR 7.00 in a facility without BACT.

(9) 310 CMR 7.05(8) shall not apply to the burning of used oil fuel in a used oil fuel fired space
heater provided that the requirements set forth in 310 CMR 7.04(9), 310 CMR 7.05(7)(a), and
310 CMR 30.250 are complied with.

7.06: U Visible Emissions

(1) U Stationary Sources Other than Incinerators.

(a) Smoke. No person shall cause, suffer, allow, or permit the emission of smoke which has
a shade, density, or appearance equal to or greater than No. 1 of the Chart for a period, or
aggregate period of time in excess of six minutes during any one hour, provided that at no
time during the said six minutes shall the shade, density, or appearance be equal to or greater
than No. 2 of the Chart.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.06: continued

(b) Opacity. No person shall cause, suffer, allow or permit the operation of a facility so as
to emit contaminant(s), exclusive of uncombined water or smoke subject to 310 CMR
7.06(1)(a) of such opacity which, in the opinion of the Department, could be reasonably
controlled through the application of modern technology of control and a good Standard
Operating Procedure, and in no case, shall exceed 20% opacity for a period or aggregate
period of time in excess of two minutes during any one hour provided that, at no time during
the said two minutes shall the opacity exceed 40%.
(c) Exception.
1. Visible Emission Limits. In lieu of the requirements of 310 CMR 7.06(1)(a) and
310 CMR 7.06(1)(b), a facility subject to 310 CMR 7.00: Appendix C - Operating
Permits with boilers rated less than 500 million Btu per hour energy input capacity, may
elect to comply with the following:
a. Except as provided in 310 CMR 7.06(1)(c)1.b.; 310 CMR 7.06(1)(c)1.c. and
310 CMR 7.06(1)(c)1.g., visible emissions shall not exceed 15 percent opacity during
any six-minute block average.
b. During periods of start-up, shutdown, soot blowing, and other specified operating
conditions, visible emissions from any boiler shall not exceed 27% opacity during
any six-minute block average except that visible emissions may exceed 27% opacity
for up to two six-minute block averages during the calendar quarter.
c. For a boiler equipped with a visible emission monitor with a numeric data
reduction system that can printout individual block averages or output individual
block averages to an electronic file, the Department will make a determination to
approve or deny visible emissions during periods of startup, shutdown, soot blowing
and other specified operating conditions to exceed 27% opacity for one-tenth of one
percent of the total six-minute block averages during any calendar quarter, or six
block averages per boiler per quarter, whichever is greater, provided visible
emissions do not exceed 60% opacity during any six-minute block average.
i. At no time can visible emissions exceed 27% opacity for more than two six-
minute block averages during a one-hour period and the one-hour block average
opacity shall not exceed 27% opacity during the one-hour block period when a
six-minute block averages exceeds 27% opacity.
ii. The one-hour average shall be based on a clock hour.
iii. Boilers may be approved to operate in accordance with the visible emission
limitations provided by 310 CMR 7.06(1)(c)1.b. and 310 CMR 7.06(1)(c)1.c.
during the same calendar quarter.
d. Compliance with visible emission limits shall be based upon a six-minute block
average determined either
i. by the procedures set forth in Method 9, (as described in 40 CFR Part 60,
Appendix A-4), or
ii. by a visible emission monitor required under a Plan Approval issued by the
Department under 310 CMR 7.02, or
iii. at the request of a facility, by a visible emission monitor required under the
Operating Permit and specified as such in the Approval of the Plan of Good
Operating Practices under 310 CMR 7.06(1)(c).
e. Before a facility may operate in accordance with 310 CMR 7.06(1)(c) the facility
must notify the Department in writing of such intention, develop and submit to the
Department a plan of good operating practices, and receive notification from the
Department that the plan has been approved;
f. Any facility operating pursuant to 310 CMR 7.06(1)(c) shall comply with a good
operating practices plan as approved; and
g. When notified in writing at least five business days prior to scheduled shakedown
activities, testing, and calibrations for the purpose of improving boiler performance,
the Department may allow exemptions to 310 CMR 7.06(1)(c)1.a., 310 CMR
7.06(1)(c)1.b. and 310 CMR 7.06(1)(c)1.c. Such notification shall include a brief
description of the activity, and its start time and anticipated end time. The
Department may allow a shorter notification period upon request. The Department
may deny or limit the frequency of such activities.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.06: continued

2. Plan of Good Operating Practices. The plan of good operating practices shall, at a
minimum:
a. Be developed with recommendations from third party combustion systems
experts:
b. Describe how the application of modern technology of control, and practices for
operating and maintaining the equipment, will minimize visible emissions;
c. Describe any operating conditions other than startup, shutdown and soot blowing
during which the facility proposes to take advantage of the exception in 310 CMR
7.06(1)(c);
d. Propose the duration and frequency of startup, shutdown, soot blowing and any
other specified conditions;
e. Document the need for visible emission limitations greater than 15% opacity
during startup, shutdown, soot blowing and any other specified operating conditions;
f. Propose visible emission limitations that the facility will comply with during
startup, shutdown, soot blowing and other specified operating conditions;
g. Describe all necessary corrective action procedures and include schedules for
implementing such procedures; and
h. Propose record keeping and monitoring procedures sufficient to enable the
Department to determine that visible emissions comply with the plan.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.06: continued

3. Department Action.
a. Upon completion of review, the Department shall either approve or disapprove
the plan of good operating practices.
b. The terms and conditions of an approved plan shall be incorporated into the
facility’s Operating Permit.
c. A Department approval shall specify the visible emission limitations for each
operating condition, (i.e. startup, shutdown, soot blowing and other specified
operating conditions approved by the Department); and specify corresponding
monitoring, record keeping and reporting requirements, and other conditions
necessary to ensure compliance with the visible emission limitations contained in the
approval.
d. Modifications to those portions of an approved plan that are not incorporated into
the facility’s Operating Permit shall be maintained on-site and made available to
Department representatives upon request. Modifications to an approved plan shall
be submitted to the Department for review with the facility’s Operating Permit
renewal application. The Department may require modification of an approved plan.
4. Notice of Exceedances. Any facility operating pursuant to a Department approval
issued under this exception shall notify the Department of any exceedance of a visible
emission limitation in the time and manner required by the relevant permit deviation
provisions in the facility’s Operating Permit. Opacity excursions greater than 27% that
qualify as allowed under 310 CMR 7.06(1)(c)1.b. and 310 CMR 7.06(1)(c)1.c. shall not
be considered deviations under the operating permit.

(2) From Incinerators.

(a) No person shall cause, suffer, allow, or permit the emission of smoke from any
incinerator which has a shade, density, or appearance equal to or greater than No. 1 of the
Chart or exceeding 20% opacity at any time.
(b) No person shall cause, suffer, allow or permit the operation of an incinerator so as to
emit contaminant(s), exclusive of uncombined water or smoke subject to 310 CMR
7.06(2)(a) of such opacity which, in the opinion of the Department, could be reasonably
controlled through the application of modern technology of control and a good Standard
Operating Procedure.
(c) No person shall cause, suffer, allow, or permit emissions from any incinerator of any
particles that have a dimension equal to or greater than 100 microns.

(3) From Marine Vessels. Marine vessels shall be subject to the provisions of 310 CMR
7.06(1)(a) and 7.06(1)(b). 310 CMR 7.06(3) shall apply only in the Merrimack Valley Air
Pollution Control District, Metropolitan Boston Air Pollution Control District, and the
Southeastern Massachusetts Air Pollution Control District.

(4) From Aircraft. After December 31, 1972, no person shall cause, suffer, allow, or permit the
emission from an aircraft of smoke which has a shade, density, or appearance equal or greater
than No. 2 of the Chart for a period of time in excess of ten seconds during landing, takeoff, or
taxiing operations.

(5) From Spark-ignited Internal Combustion Engines.

(a) No person shall cause, suffer, allow, or permit emission of visible air contaminants,
other than water, from internal combustion engines of:
1. portable or stationary equipment, other than motor vehicles, for longer than ten
consecutive seconds; or
2. a motor vehicle after the vehicle has moved more than 100 feet from a place where
the vehicle was stationary; or
3. a motor vehicle, for more than five consecutive seconds, under any condition of
cruising or acceleration.

(6) From Non-stationary Source Diesel Engines. No person shall cause, suffer, allow, or permit
excessive emission of visible air contaminants, other than water, from a diesel engine.

7.07: U Open Burning

(1) No person shall cause, suffer, allow or permit the open burning of any combustible material.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.07: continued

(2) 310 CMR 7.07(1) shall not apply to:

(a) open burning for the purpose of combating or backfiring an existing fire by persons
affiliated with an official fire fighting agency;
(b) open burning conducted primarily for cooking purposes, or
(c) open burning related to the operation of devices such as blowtorches and welding
torches, for which no alternative source of heat can be used, provided that such devices do
not cause a condition of air pollution.

(3) Except during periods of adverse meteorological conditions as may be determined by the
Department when direct or public notice thereof has been made by the Department through the
news media, 310 CMR 7.07(1) shall not apply to open burning conducted for:
(a) training or research in fire protection or prevention with specific approval by the
Department;
(b) activities associated with the normal pursuit of agriculture which have been determined
by the Department as necessary and which include but are not limited to, open burning of
blueberry patches for pruning purposes, dead raspberry stalks, fruit tree prunings, and
infected beehives for disease control;
(c) open burning of brush and trees resulting from agricultural land clearing operations;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.07: continued

(d) the disposal of fungus-infected elm wood provided that no suitable alternative method
of disposal is available;
(e) the disposal of brush, cane, driftwood, and forestry debris excluding grass, hay, leaves,
and stumps from January 15th to May 1st of each year. All such open burning shall be
conducted:
1. on land proximate to the place of generation,
2. at a ___location greater than 75 feet from any dwelling, and
3. between ten o'clock A.M. and four o'clock P.M.
No such open burning shall apply to commercial or institutional land clearing for
non-agricultural purposes.
Open burning under 310 CMR 7.07(3)(e) shall not be permitted in the Cities and Towns
of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall
River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville,
Springfield, Waltham, Watertown, West Springfield, and Worcester, or where the
Department has notified a city or town that:
1. open burning under this provision may cause or contribute to non-attainment of
federal or state ambient air quality standards for particulate matter,
2. open burning under this provision may cause or contribute to a condition of air
pollution, or
3. open burning under this provision is not permitted due to continued violations of the
provisions for the proper conduct of such open burning. (Such action shall be taken only
after said city or town has been given written notification of such violations and has in
the opinion of the Department failed to take appropriate actions to prevent the
continuance of such violations.)
Upon request of the Department the permitting authority of any City or Town shall notify
the Department of the number of permits issued during any burning period.
(f) the disposal of combustible material with the approval of the Department and after
demonstration to the satisfaction of the Department that no alternative suitable method of
disposal is available;
(g) open burning as described in 310 CMR 7.07(3)(a) through 310 CMR 7.07(3)(f) must
be conducted:
1. during periods of good atmospheric ventilation,
2. without causing a nuisance,
3. with smoke minimizing starters if starters or starting aids are used, and
4. under the provisions of a properly executed permit issued under the provisions of
M.G.L. c. 48, § 13*

(4) Except as may be incidental to compliance with the provisions contained in 310 CMR
7.07(2) and 310 CMR 7.07(3) no person shall stack, place, or store combustible material in such
manner as to cause or allow presumption by the Department that such material may be subject
to reduction by open burning.

(5) Notwithstanding the provisions of 310 CMR 7.07(3), no person shall cause, suffer, allow
or permit open burning at any refuse disposal facility other than an incinerator as described in
M.G.L. c. 111, § 150A.

(6) 310 CMR 7.07(1) through 7.07(5) are subject to the enforcement provisions specified in
310 CMR 7.52.

S))))))))))))))))))))))))))))))))))))))))))))))))Q
* M.G.L. c. 48, § 13 provides in part:
1. such permits may not be granted for more than two days from the date of issue, and
2. a written record must be maintained for each permit including the date of permit
issuance, name and address of the person receiving the permit including the ___location and
type of materials to be burned, and
3. such records must be available for public inspection.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: U Incinerators

(1) General.
(a) No person shall cause, suffer, allow, or permit the construction or substantial
reconstruction or alteration of any incinerator for which:
1. the design for construction or substantial reconstruction or alteration thereof, and
2. the Standard Operating Procedure have not been approved by the Department in
writing.
(b) No person shall sell or distribute for sale any special incinerator or modular incinerator,
for installation or use within the District, the design and Standard Operating Procedure for
which have not been approved in writing by the Department or certification of said approval
has not been given by the person selling or distributing the incinerator to the person to whom
the sale or distribution is made.
(c) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in any incinerator in a manner that is not in conformance with a Standard Operating
Procedure (for the incinerator) that has been approved by the Department in writing.
(d) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in any incinerator, other than a municipal incinerator, which is of a design that has
not been approved by the Department in writing.
(e) No person shall cause, suffer, allow, or permit the burning of refuse or any other
material in an incinerator at a specific site ___location that, in the opinion of the Department, is
likely to cause or contribute to a condition of air pollution and when the person responsible
for the operation of the incinerator has been notified of said opinion.
(f) 310 CMR 7.08(1)(c) and 7.08(1)(d) are subject to the enforcement provisions specified
in 310 CMR 7.52, insofar as they pertain to domestic incinerators.
(g) No person shall cause, suffer, allow, or permit emissions from any incinerator of any
particles that have a dimension greater than 100 microns. (Be referred to 310 CMR 7.06(2).)
(h) The approval, referred to in 310 CMR 7.08(1)(a) through (d), shall be obtained pursuant
to 310 CMR 7.02(3) and 7.02(5).

(2) Municipal Waste Combustors.

(a) Site Assignment. No person shall, allow, or permit the construction, substantial
reconstruction, alteration or operation of a municipal waste combustor unit on a site which
has not received a site assignment in accordance with M.G.L. c. 111, § 150A.
(b) Purpose. The purpose of 310 CMR 7.08(2) is to provide emission limitations and
compliance schedules for the control of certain designated pollutants from Municipal Waste
Combustors in accordance with sections 111(d) and 129 of the Clean Air Act.
(c) Definitions. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.08(2) unless
otherwise defined in 310 CMR 7.08(2). The following words and phrases shall have the
following meanings as they appear in 310 CMR 7.08(2).

CALENDAR QUARTER means any consecutive three-month period (nonoverlapping)

beginning on January 1st, April 1st, July 1st or October 1st.

CALENDAR YEAR means any period starting January 1st and ending on December 31st.

CHIEF FACILITY OPERATOR means the person in direct charge and control of the operation
of a municipal waste combustor and who is responsible for daily on-site supervision, technical
direction, management, and overall performance of the facility.

CLEAN WOOD means untreated wood or untreated wood products including clean untreated
lumber, tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not
include yard waste, or construction, renovation, and demolition wastes (including, but not limited
to, railroad ties and telephone poles).

CONTINUOUS BURNING means the continuous, semicontinuous, or batch feeding of

municipal solid waste for purposes of waste disposal, energy production, or providing heat to the
combustion system in preparation for waste disposal or energy production. The use of municipal
solid waste solely to provide thermal protection of the grate or hearth during a startup period,
when municipal solid waste is not being fed to the grate, is not considered to be continuous
burning.

CONTINUOUS EMISSION MONITORING SYSTEM means a monitoring system for

continuously measuring the emissions of a pollutant from a municipal waste combustor unit.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

DIOXIN/FURAN means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.

dscm means dry standard cubic meter.

FIRST CALENDAR HALF means the period starting on January 1st and ending on June 30th in
any year.

FOUR-HOUR BLOCK AVERAGE or 4-HOUR BLOCK AVERAGE means the average of all
hourly emission concentrations when the affected facility is operating and combusting municipal
solid waste, measured over a four-hour period of time from 12:00 A.M. to 4:00 A.M., 4:00 A.M.
to 8:00 A.M., 8:00 A.M. to 12:00 P.M., 12:00 P.M. to 4:00 P.M., 4:00 P.M. to 8:00 P.M., or
8:00 P.M. to 12:00 A.M.

LARGE MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit
with a capacity greater than 250 tons/day of municipal solid waste.

MASS BURN REFRACTORY MUNICIPAL WASTE COMBUSTOR means a field-erected

combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise
specified, this includes combustors with a cylindrical rotary refractory wall furnace.

MASS BURN WATERWALL MUNICIPAL WASTE COMBUSTOR means a field-erected

combustor that combusts municipal solid waste in a waterwall furnace.

MATERIALS SEPARATION PLAN means a plan that identifies a program within a given
service area, to separate mercury, other toxic components or toxic precursors from municipal
solid waste prior to combustion in order to make the separated materials available for recycling
and/or remove the toxic components or their toxic precursors for proper management. A
materials separation plan shall include goals and timetables for attaining the goals. It may
include, but is not limited to, such elements as: centralized drop-off facilities, buy-back or
deposit-return incentives, curbside collection programs, financial incentives to municipalities in
the service area for collection programs, technical assistance programs for municipalities,
institutions and/or businesses within the service area, and personnel to support any such
programs.

MAXIMUM DEMONSTRATED MUNICIPAL WASTE COMBUSTOR UNIT LOAD means

the highest 4-hour arithmetic average municipal waste combustor unit load achieved during four
consecutive hours during the most recent dioxin/furan stack test demonstrating compliance with
the applicable limit for municipal waste combustor organics specified under 310 CMR
7.08(2)(f)(2): Table 2.

MAXIMUM DEMONSTRATED PARTICULATE MATTER CONTROL DEVICE

TEMPERATURE means the highest four-hour arithmetic average flue gas temperature measured
at the particulate matter control device inlet during four consecutive hours during the most recent
dioxin/furan stack test demonstrating compliance with the applicable limit for municipal waste
combustor organics specified under 310 CMR 7.08(2)(f)(2): Table 2.

MODIFICATION or MODIFIED MUNICIPAL WASTE COMBUSTOR UNIT means a

municipal waste combustor unit to which changes have been made if the cumulative cost of the
changes, over the life of the unit, exceed 50% of the original cost of construction and installation
of the unit (not including the cost of any land purchased in connection with such construction
or installation) updated to current costs; or any physical change in the municipal waste
combustor unit or change in the method of operation of the municipal waste combustor unit
which increases the amount of any air pollutant emitted by the unit for which standards have
been established under the Clean Air Act, § 129 or § 11. Whether there is an increase in the
amount of any air pollutant emitted by the municipal waste combustor unit shall be determined
at 100% physical load capability and downstream of all air pollution control devices, with no
consideration given for load restrictions based on permits or other nonphysical operational
restrictions.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

MUNICIPAL SOLID WASTE or MUNICIPAL TYPE SOLID WASTE means household,

commercial/retail, and/or institutional waste. Household waste includes material discarded by
single and multiple residential dwellings, hotels, motels, and other similar permanent or
temporary housing establishments or facilities. Commercial/retail waste includes material
discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial
facilities, and other similar establishments or facilities. Institutional waste includes material
discarded by schools, nonmedical waste discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government facilities, and material discarded by other
similar establishments or facilities. Household, commercial/retail, and institutional waste does
not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition
waste (which includes, but is not limited to, railroad ties and telephone poles); clean wood;
industrial process or manufacturing waste; medical waste; or motor vehicles (including motor
vehicle parts or vehicle fluff). Household, commercial/retail, and institutional waste includes:
(a) yard waste; and
(b) refuse-derived fuel.

MUNICIPAL WASTE COMBUSTOR or MUNICIPAL WASTE COMBUSTOR UNIT OR

UNIT means any setting or equipment that combusts solid, liquid, or gasified municipal solid
waste including, but not limited to, field-erected incinerators (with or without heat recovery),
modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces
(whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired),
and pyrolysis/combustion units. Municipal waste combustors units do not include
pyrolysis/combustion units located at a plastics/rubber recycling unit as specified in 310 CMR
7.08(2). Municipal waste combustors do not include internal combustion engines, gas turbines,
or other combustion devices that combust landfill gases collected by landfill gas collection
systems.
The boundaries of a municipal solid waste combustor are defined as follows. The municipal
waste combustor unit includes, but is not limited to, the municipal solid waste fuel feed system,
grate system, flue gas system, bottom ash system, and the combustor water system. The
municipal waste combustor boundary starts at the municipal solid waste pit or hopper and
extends through:
(a) The combustor flue gas system, which ends immediately following the heat recovery
equipment or, if there is no heat recovery equipment, immediately following the combustion
chamber;
(b) The combustor bottom ash system, which ends at the truck loading station or similar ash
handling equipment that transfers the ash to final disposal, including all ash handling systems
that are connected to the bottom ash handling system; and
(c) The combustor water system, which starts at the feed water pump and ends at the piping
exiting the steam drum or superheater. The municipal waste combustor unit does not include
air pollution control equipment, the stack, water treatment equipment, or the turbine
generator set.

MUNICIPAL WASTE COMBUSTOR ACID GASES means all acid gases emitted in the
exhaust gases from municipal waste combustor units including, but not limited to, sulfur dioxide
and hydrogen chloride gases.

MUNICIPAL WASTE COMBUSTOR METALS means metals and metal compounds emitted
in the exhaust gases from municipal waste combustor units.

MUNICIPAL WASTE COMBUSTOR ORGANICS means organic compounds emitted in the

exhaust gases from municipal waste combustor units and includes tetra- through octa-
chlorinated dibenzo-p-dioxins and dibenzofurans.

MUNICIPAL WASTE COMBUSTOR PLANT means one or more municipal waste combustor
units at the same facility for which construction was commenced on or before September 20,
1994.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

MUNICIPAL WASTE COMBUSTOR UNIT CAPACITY means the maximum charging rate
of a municipal waste combustor unit expressed in tons per day of municipal solid waste
combusted, calculated according to the procedures under 40 CFR 60.58b(j) as last amended
May 10, 2006. 40 CFR 60.58b(j) includes procedures for determining municipal waste
combustor unit capacity for continuous and batch feed municipal waste combustors.

MUNICIPAL WASTE COMBUSTOR UNIT LOAD means the steam load of the municipal
waste combustor unit measured as specified in 40 CFR 60.58b(i)(6) as last amended
May 10, 2006.

PARTICULATE MATTER means total particulate matter emitted from municipal waste
combustor units measured as specified in 40 CFR, Part 60: Appendix A, Reference Method 5.

PLASTICS/RUBBER RECYCLING UNIT means an integrated processing unit where plastics,

rubber, and/or rubber tires are the only feed materials (incidental contaminants may be included
in the feed materials) and they are processed into a chemical plant feedstock or petroleum
refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum
refinery as input feedstock. The combined weight of the chemical plant feedstock and petroleum
refinery feedstock produced by the plastics/rubber recycling unit on a calendar quarter basis shall
be more than 70% of the combined weight of the plastics, rubber, and rubber tires processed by
the plastics/rubber recycling unit on a calendar quarter basis. The plastics, rubber, and/or rubber
tire feed materials to the plastics/rubber recycling unit may originate from the separation or
diversion of plastics, rubber, or rubber tires from MSW or industrial solid waste, and may
include manufacturing scraps trimmings, and off-specification plastics, rubber, and rubber tire
discards. The plastics, rubber, and rubber tire feed materials to the plastics/rubber recycling unit
may contain incidental contaminants (e.g., paper labels on plastic bottles, metal rings on plastic
bottle caps, etc.)

POTENTIAL HYDROGEN CHLORIDE EMISSION CONCENTRATION means the hydrogen

chloride emission concentration that would occur from combustion of municipal solid waste in
the absence of any emission controls for municipal waste combustor acid gases.

POTENTIAL MERCURY EMISSION CONCENTRATION means the mercury emission

concentration that would occur from combustion of municipal solid waste in the absence of any
mercury emissions control.

POTENTIAL SULFUR DIOXIDE EMISSIONS means the sulfur dioxide emission concentration
that would occur from combustion of municipal solid waste in the absence of any emission
controls for municipal waste combustor acid gases.

RECONSTRUCTION means rebuilding a municipal waste combustor unit for which the
reconstruction commenced after June 19, 1996, and the cumulative costs of the construction
over the life of the unit exceed 50% of the original cost of construction and installation of the
unit (not including any cost of land purchased in connection with such construction or
installation) updated to current costs (current dollars).

REFRACTORY UNIT OR REFRACTORY WALL FURNACE means a combustion unit having

no energy recovery (e.g., via a waterwall) in the furnace (i.e., radiant heat transfer section) of the
combustor.

REFUSE-DERIVED FUEL means a type of municipal solid waste produced by processing

municipal solid waste through shredding and size classification. This includes all classes of
refuse-derived fuel including, but not limited to, low-density fluff refuse-derived fuel, densified
refuse-derived fuel and pelletized refuse-derived fuel.

REFUSE-DERIVED FUEL STOKER means a steam generating unit that combusts refuse-
derived fuel in a semisuspension firing mode using air-fed distributors.

SECOND CALENDAR HALF means the period starting July 1st and ending on December 31st
in any year.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

SHIFT SUPERVISOR means the person who is in direct charge and control of the operation of
a municipal waste combustor and who is responsible for onsite supervision, technical direction,
management, and overall performance of the facility during an assigned shift.

SMALL MUNICIPAL WASTE COMBUSTOR UNIT means a municipal waste combustor unit
with a municipal waste combustor unit capacity greater than 39 tons per day but equal to or less
than 250 tons per day of municipal solid waste.

STANDARD CONDITIONS means a temperature of 20oC and a pressure of 101.3 kilopascals.

TOTAL MASS DIOXIN/FURAN OR TOTAL MASS means the total mass of tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans, as determined using 40 CFR, Part
60: Appendix A, Reference Method 23.

TWENTY FOUR-HOUR DAILY AVERAGE OR 24-HOUR DAILY AVERAGE means either

the arithmetic mean or geometric mean (as specified) of all hourly emission concentrations when
the affected unit is operating and combusting municipal solid waste measured over a 24-hour
period between 12:00 A.M. and the 12:00 A.M.

UNTREATED LUMBER means wood or wood products that have been cut or shaped and
include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood
products that have been painted, pigment-stained, or "pressure-treated". Pressure treating
compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and
creosote.

WATERWALL FURNACE means a combustion unit having energy (heat) recovery in the
furnace (i.e., radiant heat transfer section) of the combustor.

YARD WASTE means grass, grass clippings, bushes, and shrubs that are generated by
residential, commercial/retail, institutional, and/or industrial sources as part of maintenance
activities associated with yards or other private or public lands. Yard waste does not include
construction, renovation, and demolition wastes. Yard waste does not include clean wood.

(d) Designated Pollutants and Operating Practices. 310 CMR 7.08(2) establishes
requirements for the following municipal waste combustor operating practices, pollutants,
opacity and fugitive ash:
1. Operating Practices (Carbon Monoxide (CO), Flue Gas Temp., Load Level)
2. Metals (Mercury (Hg), Lead (Pb), Cadmium (Cd))
3. Particulate Matter (PM)
4. Opacity
5. Organics (Dioxin/Furan)
6. Acid Gases (Sulfur Dioxide (SO2), Hydrogen Chloride (HCl))
7. Nitrogen Oxides (NOx)
8. Fugitive Ash Emissions
(e) Applicability.
1. Large Municipal Waste Combustor Units. 310 CMR 7.08(2) applies in its entirety
to any person who owns, leases, operates or controls a large municipal waste combustor
unit. Applicable requirements and limitations contained in 310 CMR 7.08(2) shall not
supersede, relax or eliminate any more stringent conditions or requirements (e.g.,
emission limitation(s), testing, recordkeeping, reporting, or monitoring requirements)
established by regulation or contained in a facility’s previously issued source specific
plan approval(s) or emission control plan(s).
2. Other Approvals or Permits - A plan approval under 310 CMR 7.02(2) is not required
in order to implement the requirements for 310 CMR 7.08(2) unless construction,
substantial reconstruction or alterations are planned at the facility which are not required
under the requirements at 310 CMR 7.08(2). If the facility has a final operating permit
pursuant to 310 CMR 7:00: Appendix C, the operating permit will be modified upon
approval of the emission control plan, in accordance with the procedures in 310 CMR
7.00: Appendix C(8). No additional application or fee is necessary to modify the
operating permit at the same time the emission control plan is approved. If the facility
does not have a final operating permit, the facility must amend its operating permit
application to include the approved emission control plan.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

(f) Applicable Requirements.

1. Operating Practices.
a. No person subject to 310 CMR 7.08(2) shall:
i. cause, suffer, allow or permit the discharge into the atmosphere from a
municipal waste combustor unit any gases that contain carbon monoxide in
excess of the emission limits specified in 310 CMR 7.08(2)(f)2.: Table 1;
ii. cause, suffer, allow or permit a municipal waste combustor unit to operate at
a load level greater than 110% of the maximum demonstrated municipal waste
combustor unit load calculated in four-hour block arithmetic averages, measured
during the most recent dioxin/furan compliance test in which compliance is
achieved; and
iii. cause, suffer, allow or permit a municipal waste combustor unit to operate
at a temperature, measured at the particulate matter control device inlet,
exceeding 17°C (30°F) above the maximum demonstrated particulate matter
control device temperature, calculated in four-hour block arithmetic averages,
measured during the most recent dioxin/furan compliance test in which
compliance is achieved.
b. During any nine-month dioxin/furan compliance test, quarterly mercury
compliance test, or nine-month mercury compliance test, and the two weeks
preceding each nine-month dioxin/furan compliance test, quarterly mercury
compliance test, or nine-month mercury compliance test, municipal waste combustor
unit load limit, average mass carbon feed rate limit and particulate matter control
device temperature limitations are not applicable.
c. The requirements of 310 CMR 7.08(2)(f)1.a.ii. and iii. may be waived, if prior
approval is granted by the Department, for the purposes of evaluating system
performance, testing new technology or control technologies, diagnostic testing, or
related activities for the purpose of improving facility performance provided that
there is an improvement in controlling air pollution, or advancing the state-of-the-art
technology for controlling facility emissions.
2. Metals, Organics and Acid Gases. No person subject to 310 CMR 7.08(2) shall
cause, suffer, allow or permit the discharge into the atmosphere from a municipal waste
combustor unit any gases that contain metals, opacity, organics, particulate matter or acid
gases in excess of the emission limits specified in 310 CMR 7.08(2)(f)2.: Table 2.

TABLE 1. MUNICIPAL WASTE COMBUSTOR OPERATING PRACTICES

Municipal Waste Combustor Carbon Monoxide Averaging

Technology Emissions Level Timeb
(parts per million
by volume)a

Mass Burn Waterwall 100 four-hour

Refuse-derived Fuel Stoker 200 24-hour

a
Measured at the combustor outlet in conjunction with a measurement of oxygen concentration,
corrected to 7% oxygen, dry basis. Calculated as an arithmetic average.
b
Averaging times are four-hour block or 24-hour daily arithmetic averages.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

TABLE 2. EMISSION LIMITS FOR MUNICIPAL WASTE COMBUSTOR UNITS

Emission Limits For Large MWC Unitsa

Particulate Matter (PM) 25 mg/dscm

Opacity 10% (six-minute average)

METALS:

Cadmium (Cd) 0.035 mg/dscm

Lead (Pb) 0.400 mg/dscm
Mercury (Hg) 0.028 mg/dscm - average of compliance tests
conducted in any rolling 12-month period
0.050 mg/dscm - average of test runs in any quarterly
or 9-month compliance test

ACID GASES:

Sulfur Dioxide (SO2) 29 ppmv or 75% reduction by weight or volume,

whichever is less stringent. Compliance is based on
a 24-hour geometric mean.

Hydrogen Chloride (HCl) 29 ppmv or 95% reduction by weight or volume,

whichever is less stringent.

ORGANICS: (Total Mass)

Dioxin/Furan with 35 ng/dscm

Electrostatic precipitator (ESP)

Dioxin/Furan with Fabric Filter (FF) 30 ng/dscm

a
Corrected to 7% oxygen (dry basis).

3. Nitrogen Oxides. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow
or permit the discharge into the atmosphere from a municipal waste combustor unit any
gases that contain nitrogen oxides in excess of the emission limits specified in 310 CMR
7.08(2)(f)3.: Table 3. Emission Reduction Credits (ERCs) generated under 310 CMR
7.00: Appendix B(3) may be used to comply with the requirements contained in Table 3.

TABLE 3. NITROGEN OXIDES EMISSION LIMITS FOR LARGE

MUNICIPAL WASTE COMBUSTOR UNITS

Municipal Waste NOx Emission Limit (Parts per million by volume)b Averaging Timeb
Combustor Technology
Until one year after Beginning one year after
issuance of ECP issuance of ECP approval
approval under under 310 CMR
310 CMR 7.08(2)(j))1., 7.08(2)(j)1., but no later
but no later than than March 10, 2020
March 9, 2020
Mass Burn Waterwall 205 150 24-hour
Refuse-derived Fuel Stoker 250 146 24-hour
a
Corrected to 7% oxygen, dry basis.
b
Averaging times are 24-hour daily arithmetic averages.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

4. Nitrogen Oxides Emission Averaging Plan. A person subject to 310 CMR 7.08(2)
may elect to implement a nitrogen oxides emissions averaging plan for the units located
at the same municipal waste combustor plant. Municipal waste combustor units subject
to 40 CFR, Part 60, Subpart Ea or Eb shall not be included in the emissions averaging
plan. The units included in the nitrogen oxides emissions averaging plan must be
identified in the annual report specified in 310 CMR 7.08(2)(i), prior to implementing
the averaging plan. The units at the plant included in the averaging plan may be
redesignated each calendar year.
a. To implement an emissions averaging plan, the average daily (24-hour) nitrogen
oxides emission concentration level for gases discharged from units included in the
emissions averaging plan shall not exceed the limits specified in Table 4.

TABLE 4. NITROGEN OXIDES EMISSION LIMITS FOR UNITS INCLUDED

IN AN EMISSIONS AVERAGING PLAN

Municipal Waste Combustor NOx Emission Limit Averaging Timeb

Technology (Parts per million by volume)a
Mass Burn Waterwall 150 24-hour
Refuse-derived Fuel Stoker 146 24-hour

a
Corrected to 7% oxygen, dry basis.
b
Averaging times are 24-hour daily arithmetic averages.

b. Under an emissions averaging plan, the average daily nitrogen oxides emission
limits specified in Table 4 shall be calculated using equation (1). Units that are
offline shall not be included in calculating the average daily nitrogen oxides emission
level.
h
E (NOxi)(Si)
Nox24-hr = I=1
h
E (Si)
I=1 (1)

where:

Nox = 24-hour daily average nitrogen oxides emission concentration level for the
24-hr
emissions averaging plan (ppmv, corrected to 7% oxygen).
= 24-hour daily average nitrogen oxides emission concentration level for unit i
Noxi
(ppmv, corrected to 7% oxygen).

Si = maximum demonstrated municipal waste combustor unit load for unit i

(pounds per hour steam or feedwater flow as determined in the most recent
dioxin/furan performance test).

h = total number of units included in the daily emissions average.

c. For any day in which any unit included in an emissions averaging plan is offline,
the owner or operator of the municipal waste combustor plant must still demonstrate
compliance with the applicable limits specified in Table 4 according to either
310 CMR 7.08(2)(f)4.d., or 310 CMR 7.08(2)(f)4.e., f. and g.
d. Compliance with the applicable limits specified in Table 4 shall be demonstrated
using the averaging procedure specified in 310 CMR 7.08(2)(f)4.b.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

5. Ammonia. No later than the dates specified in the emission control plan approval
issued by the Department under 310 CMR 7.08(2)(j), any person subject to 310 CMR
7.08(2) utilizing ammonia or urea for NOx control shall:
a. conduct ammonia optimization testing;
b. submit a report to the Department correlating NOx emissions and ammonia slip;
c. propose an ammonia emissions limit that the Department will review and may
modify before incorporating in the unit's approval, pursuant to the procedures in
310 CMR 7.08(2)(j)7.; and
d. if using an ammonia continuous emission monitoring system to demonstrate
compliance, obtain, at a minimum, valid hourly averages based on at least two data
points per hour, for at least 90% of the operating hours per calendar quarter and 95%
of the operating hours per calendar year that the affected facility is combusting
municipal solid waste.
6. Fugitive Ash. No person subject to 310 CMR 7.08(2) shall cause, suffer, allow or
permit the discharge into the atmosphere of any visible emissions of combustion ash
from an ash conveying system (including transfer points) in excess of 5% of the
observation period (nine minutes per three-hour period). This emission limit does not
cover visible emissions discharged inside buildings or enclosures of ash conveying
systems; however the emission limit does apply to visible emissions discharged to the
atmosphere from buildings or enclosures of ash conveying systems. 310 CMR
7.08(2)(f)6. does not apply during maintenance and repair of ash conveying systems.
Maintenance and repair of the ash conveying systems must be done in accordance with
best management practices.
7. Operator Training and Certification. Any person subject to 310 CMR 7.08(2) shall
implement the following municipal waste combustor operator training and certification
requirements.
a. shall have each chief facility operator and shift supervisor obtain and maintain an
Operator Certificate issued by the American Society of Mechanical Engineers
(ASME).
b. shall not allow the municipal waste combustor unit to be operated at any time
unless one of the following persons is on duty: A chief facility operator or a shift
supervisor who has obtained an Operator Certificate. (A Provisional Certificate is
acceptable provided the shift supervisor is scheduled to obtain an Operator Certificate
in accordance with 310 CMR 7.08(2)(f). A provisionally certified operator who is
newly promoted or recently transferred to a shift supervisor position or a chief facility
operator position at the municipal waste combustion unit may perform the duties of
the certified chief facility operator or certified shift supervisor without notice to, or
approval by, the Department for up to six months before taking the ASME QRO
certification exam.) If one of the persons listed above must leave the municipal
waste combustor plant during his or her operating shift, a provisionally certified
control room operator who is onsite at the municipal waste combustor plant may
fulfill these requirements. Depending on the length of time that a certified chief
facility operator and certified shift supervisor are away, the owner or operator of the
affected facility must meet the following criteria:
i. When the certified chief facility operator and certified shift supervisor are
both off site for 12 hours or less, and no other certified operator is on site, the
provisionally certified control room operator may perform the duties of the
certified chief facility operator or certified shift supervisor.
ii. When the certified chief facility operator and certified shift supervisor are off
site for more than 12 hours, but for two weeks or less, and no other certified
operator is on site, the provisionally certified control room operator may perform
the duties of the certified chief facility operator or certified shift supervisor
without notice to, or approval by, the Department. However, the owner or
operator of the affected facility must record the period when the certified chief
facility operator and certified shift supervisor are off-site and include that
information in the annual report as specified under 310 CMR 7.08(2)(i)1.h.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

iii. When the certified chief facility operator and certified shift supervisor are
off site for more than two weeks, and no other certified operator is on site, the
provisionally certified control room operator may perform the duties of the
certified chief facility operator or certified shift supervisor without approval by
the Department. However, the owner or operator of the affected facility shall
notify the Department in writing no later than three working days after the two
week period. This initial notification shall state the cause of the absence and the
actions that are being taken by the owner or operator of the facility to ensure that
a certified chief facility operator or certified shift supervisor is on site as
expeditiously as practicable.
iv. When the certified chief facility operator and certified shift supervisor are off
site for more than two weeks, and no other certified operator is on site, the owner
or operator of the affected facility shall submit a status report and corrective
action summary to the Department every four weeks, beginning four weeks
following the initial notification, demonstrating that a good faith effort is being
made to ensure that a certified chief facility operator or certified control room
shift supervisor is on site. If the Department provides notice that the status report
or corrective action summary is disapproved, the municipal waste combustion
unit may continue operation for 90 days, but then must cease operation. If
corrective actions are taken in the 90-day period such that the Department
withdraws the disapproval, municipal waste combustion unit operation may
continue.
c. shall have all chief facility operators, shift supervisors, and control room
operators who have not obtained an Operator Certificate from ASME complete the
National Technical Information Service - “EPA Municipal Waste Combustor
Operating Course.”
d. shall establish a training program to review the operating manual with each
person who has responsibilities affecting the operation of an affected municipal waste
combustor unit including, but not limited to, chief facility operators, shift
supervisors, control room operators, ash handlers, maintenance personnel, and
crane/load handlers. The operating manual shall address at a minimum the following:
i. A summary of all the applicable requirements in 310 CMR 7.08(2);
ii. Basic combustion theory applicable to a municipal waste combustor unit;
iii. Procedures for receiving, handling, and feeding municipal solid waste;
iv. Municipal waste combustor unit startup, shutdown, and malfunction
procedures;
v. Procedures for maintaining proper combustion air supply levels;
vi. Procedures for operating the municipal waste combustor unit within the
requirements established under 310 CMR 7.08(2);
vii. Procedures for responding to periodic upset or off-specification conditions;
viii. Procedures for minimizing particulate matter carryover;
ix. Procedures for handling ash;
x. Procedures for monitoring municipal waste combustor unit emissions; and
xi. Reporting and recordkeeping procedures.
e. shall make available to the Department for inspection upon request all the
operating manual and records of training.
f. shall be in compliance with all training and certification requirements specified
in 310 CMR 7.08(2)(f)7. by six months after the date of start up or August 21, 1999.
whichever is later.
8. Materials Separation Plan.
a. within six months from the date that a Material Separation Plan Guidance
Document (“guidance document”) is provided by the Department, any person subject
to 310 CMR 7.08(2) shall submit a materials separation plan for the removal of
mercury-bearing products or other specific toxic components or toxic precursors as
designated by the Department pursuant to 310 CMR 7.08(2)(f)8.e. The material
separation plan shall be developed in accordance with the guidance document and
shall detail the minimum requirements for compliance with the materials separation
plan.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

b. Upon Department draft approval of the materials separation plan, the Department
shall publish a notice of public comment in accordance with M.G.L. c. 30A detailing
the proposed materials separation plan. The Department shall allow for a 30-day
public comment period following the published notice. The Department will approve
or deny the materials separation plan after the close of the public comment period.
Following Department approval of the materials separation plan, the person subject
to 310 CMR 7.08(2) must implement the materials separation plan.
c. Prior to the implementation of the materials separation plan, the person subject
to 310 CMR 7.08(2) shall determine the uncontrolled mercury concentration in the
flue gas for four consecutive quarters. The Department may require subsequent
testing.
d. One year following the date of implementation of the materials separation plan
and every year after, the person subject to 310 CMR 7.08(2) shall submit a progress
report to the Department documenting the effective implementation of the materials
separation plan. The Department may require modifications to the materials
separation plan if necessary.
e. The Department may require that material separation plans address other specific
toxic components or toxic precursors, provided that the Department first conducts a
formal rulemaking pursuant to M.G.L. c. 30A to require persons subject to 310 CMR
7.08(2) to add such other toxic component or precursor to the material separation
plan.
(g) Compliance and Performance Testing. Any person subject to 310 CMR 7.08(2) shall
comply with the provisions of 40 CFR 60.58b: Compliance and Performance Testing, as last
amended May 10, 2006, the provisions of which are hereby incorporated by reference.
Compliance with the applicable requirements as set forth in 310 CMR 7.08(2)(f) shall be
determined in accordance with 40 CFR 60.58b, except as provided under 310 CMR
7.08(2)(g)1., 2., 3., 5. and 6. The initial performance test must be completed within 180 days
after the final compliance date.
1. Dioxin/Furan. Following the date of the initial performance test for dioxin/furans,
any person subject to 310 CMR 7.08(2) shall conduct compliance tests for dioxin/furan
emissions according to one of the schedules specified in 310 CMR 7.08(2)(g)1.a. through
e.:
a. Following the date of the initial performance test, compliance testing for
dioxin/furan emissions shall be conducted on all municipal waste combustor unit(s)
on a nine-month basis; or
b. For municipal waste combustor unit(s) where all compliance tests for all unit(s)
over a 27 month period indicate that dioxin/furan emissions are less than or equal to
seven nanograms per dry standard cubic meter total mass (ng/dscm), corrected to 7%
oxygen, the person subject to 310 CMR 7.08(2) may elect to conduct compliance
tests for one unit every nine months. At a minimum, a compliance test for
dioxin/furan emissions shall be conducted every nine months following the previous
compliance test for one unit at the municipal waste combustor plant. Every nine
months a different unit at the municipal waste combustor plant shall be tested, and
the units at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as
applicable). The person subject to 310 CMR 7.08(2) may continue to conduct
compliance testing on only one unit per nine-month basis so long as the dioxin/furan
emission limits remain less than or equal to 7 ng/dscm @ 7% 02. If any nine-month
compliance test indicates dioxin/furan emissions greater than the specified limit,
compliance tests shall thereafter be conducted on all units at the plant every nine
months until and unless all nine-month compliance test for all units at the plant over
a 27-month period indicate dioxin/furan emissions less than or equal to the 7 ng/dscm
@ 7% O2.
c. Any person subject to 310 CMR 7.08(2) who elects to follow the compliance
testing schedule specified in 310 CMR 7.08(2)(g)l.b., shall follow the procedures
specified in 310 CMR 7.08(2)(i)1. for reporting the selection of this schedule.
d. Municipal waste combustor units where carbon injection (or equivalent) is used
to comply with the dioxin/furan emission limits specified in 310 CMR 7.08(2)(f)2.
or the dioxin/furan emission limit specified in 310 CMR 7.08(2)(g)l.b. shall follow
the procedures specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for
measuring and calculating the eight-hour block average carbon (or equivalent) usage
rate.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

e. Any person subject to 310 CMR 7.08(2) electing continuous automated sampling
of dioxin/furan emissions as an alternative to manual reference method sampling
shall comply with the provisions of 40 CFR 60.58b(g)(10), 40 CFR 60.58b(p) and
40 CFR 60.58b(q), as last amended May 10, 2006.
2. Mercury. Following the date that the initial performance test for mercury is
completed, compliance testing for mercury shall be conducted on all municipal waste
combustor unit(s) on a quarterly basis. Compliance with the emissions limit specified in
310 CMR 7.08(2)(f)2. shall be based on the average of four quarterly compliance tests
per rolling 12 months but shall not exceed 0.050 mg/dscm in any quarterly test. If
compliance with the mercury emission limit has been achieved in each quarter for eight
consecutive quarters, then the person subject to 310 CMR 7.08(2) may elect to perform
compliance testing on a nine-month basis. Any municipal waste combustor unit(s) which
cannot achieve compliance with the emission limitation in 310 CMR 7.08(2)(f)2. during
the nine-month compliance test shall resume quarterly compliance testing as specified
in 310 CMR 7.08(2)(g)2. Any person subject to 310 CMR 7.08(2) electing continuous
monitoring of mercury emissions as an alternative to manual reference method sampling
shall comply with the provisions of 40 CFR 60.58b(d)(4), 40 CFR 60.58b(n) and 40 CFR
60.58b(o) as last amended May 10, 2006. Any person subject to 310 CMR 7.08(2)
electing continuous automated sampling of mercury emissions as an alternative to
manual reference method sampling shall comply with the provisions of 40 CFR
60.58b(d)(4), 40 CFR 60.58b(p) and 40 CFR 60.58b(q) as last amended May 10, 2006.
3. Optimization Testing. Municipal waste combustor unit(s) which employ a carbon
injection (or equivalent) mercury emission control system shall conduct optimization
tests. These tests will determine the optimum feed rate for the mercury emissions control
apparatus by determining the carbon (or equivalent) feed rate at which the emissions of
mercury are equal to or less than the applicable limit at 310 CMR 7.08(2)(f)2. The
optimization test shall be conducted as follows:
a. The optimization tests shall be performed during the initial performance test, after
a change in carbon (or equivalent), upon request by the Department, upon request by
the person subject to 310 CMR 7.08(2) or annually if required under 310 CMR
7.08(2)(g)4.
b. If there are identical municipal waste combustor units at the municipal waste
combustor plant, then optimization tests may be performed on one unit, and the
resulting parameters applied to the other unit(s) which are identical to that unit at that
plant.
c. Within 30 calendar days of the conclusion of any optimization test, any person
subject to 310 CMR 7.08(2) shall submit to the Department for approval a proposed
optimized carbon (or equivalent) feed rate which minimizes mercury emissions. An
approvable feed rate is the feed rate such that a higher feed rate achieves insignificant
additional reductions in mercury emissions compared to the amount of carbon (or
equivalent) added. The carbon (or equivalent) feed rate approved by the Department
shall be used to operate the carbon injection (or equivalent) mercury control system
until the next optimization test is performed and the feed rate approved.
d. Any person owning or operating a municipal waste combustor unit where carbon
injection (or equivalent) is used to comply with the mercury emission limits specified
in 310 CMR 7.08(2)(f)2. or 310 CMR 7.08(2)(g)2. shall follow the procedures
specified in 40 CFR 60.58b(m) as last amended May 10, 2006, for measuring and
calculating the eight-hour block average carbon (or equivalent) usage rate.
4. (Reserved).
5. Continuous Emissions Monitoring Systems Data.
a. (Reserved)
b. Carbon monoxide CEMS in accordance with 40 CFR Part 60: Appendix B,
Performance Specification 4 will satisfy the requirements in 310 CMR 7.08(2)(g).
6. Compliance Testing Schedule. Any person subject to 310 CMR 7.08(2) shall
conduct compliance testing for all designated pollutants every nine months for each
municipal waste combustor unit(s). Compliance testing for dioxin/furan and mercury
shall be as specified in 310 CMR 7.08(2)(g)1. and 2.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

7. Continuous Emissions Monitoring for Particulate Matter. In place of particulate

matter testing with EPA Reference Method 5, any person subject to 310 CMR 7.08(2)
may elect to install, calibrate, maintain, and operate a continuous emission monitoring
system for monitoring particulate matter emissions discharged to the atmosphere and
record the output of the system. Any person subject to 310 CMR 7.08(2) who elects to
continuously monitor particulate matter emissions in place of testing shall comply with
the requirements specified in 40 CFR 60.58b(c)(10)(i) through (xiv) as last amended
May 10, 2006. Any person subject to 310 CMR 7.08(2) who elects to continuously
monitor particulate matter emissions in place of testing is not required to complete
performance testing for particulate matter and is not required to continuously monitor
opacity as specified in 40 CFR 60.58b(c)(9) and (c)(8) as last amended May 10, 2006.
8. Continuous Emissions Monitoring for Cadmium and Lead. In place of cadmium and
lead testing with EPA Reference Method 29, any person subject to 310 CMR 7.08(2)
may elect to install, calibrate, maintain, and operate a continuous emission monitoring
system for monitoring cadmium and lead emissions discharged to the atmosphere and
record the output of the system according to the provisions of 40 CFR 60.58b(n) and (o)
as last amended May 10, 2006.
9. Continuous Emissions Monitoring for Hydrogen Chloride. In place of hydrogen
chloride testing with EPA Reference Method 26 or 26A, any person subject to 310 CMR
7.08(2) may elect to install, calibrate, maintain, and operate a continuous emission
monitoring system for monitoring hydrogen chloride emissions discharged to the
atmosphere and record the output of the system according to the provisions of 40 CFR
60.58b(n) and (o) as last amended May 10, 2006.
(h) Recordkeeping. Any person subject to 310 CMR 7.08(2) shall comply with the
recordkeeping requirements of 40 CFR 60.59b(d) as last amended May 10, 2006, the
provisions of which are hereby incorporated by reference, and maintain records including,
but not limited to, the information specified in 310 CMR 7.08(2)(h), as applicable, for each
municipal waste combustor unit. All records shall be retained at the facility for at least five
years.
1. The calendar date of each record.
2. The emission concentrations and operating parameters measured using continuous
monitoring systems. The measurements specified below shall be recorded and shall be
available for submittal to the Department or for onsite review by an inspector:
a. All six-minute average opacity levels as specified under 40 CFR 60.58b(c) as last
amended May 10, 2006, including the highest level measured.
b. All one hour average sulfur dioxide emission concentrations as specified under
40 CFR 60.58b(e) as last amended May 10, 2006.
c. All one hour average nitrogen oxides emission concentrations as specified under
40 CFR 60.58b(h) as last amended May 10, 2006.
d. All one hour average carbon monoxide emission concentrations, municipal waste
combustor unit load measurements, and particulate matter control device inlet
temperatures as specified under 40 CFR 60.58b(i) as last amended May 10, 2006.
e. All 24-hour daily geometric average sulfur dioxide emission concentrations and
all 24-hour daily geometric average percent reductions in sulfur dioxide emissions
as applicable, as specified under 40 CFR 60.58b(e) as last amended May 10, 2006,
including the highest sulfur dioxide emission concentration level recorded.
f. All 24-hour daily arithmetic average nitrogen oxides emission concentrations, as
specified under 40 CFR 60.58b(h) as last amended May 10, 2006, including the
highest level recorded.
g. All four-hour block or 24-hour daily arithmetic average carbon monoxide
emission concentrations, as applicable, as specified under 40 CFR 60.58b(I) as last
amended May 10, 2006, including the highest level recorded.
h. All four-hour block arithmetic average municipal waste combustor unit load
levels and particulate matter control device inlet temperature, as specified under
40 CFR 60.58b(i) as last amended May 10, 2006, including the highest level
recorded.
i. As applicable, all one hour average and 24-hour daily (block) average particulate
matter emissions concentrations, as specified under 40 CFR 60.58b(c) as last
amended May 10, 2006, including the highest level recorded.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

j. As applicable, all one hour average and 24-hour daily arithmetic average mercury,
cadmium, lead or hydrogen chloride emissions concentrations, as specified under
40 CFR 60.58b(n), as last amended May 10, 2006, including the highest level
recorded.
k. As applicable, all integrated two-week dioxin/furan and integrated 24-hour
mercury emissions concentrations, as specified under 40 CFR 60.58b(p), as last
amended May 10, 2006, including the highest level recorded.
3. Identification of the calendar dates when any of the average emission concentrations
or emission percent reductions, opacity levels, or operating parameters recorded under
310 CMR 7.08(2)(h)2. exceed the applicable limits, with detailed specific reasons for
such exceedances and a description of corrective actions taken.
4. For municipal waste combustor unites) that apply carbon (or equivalent) for mercury
or dioxin/furan control, the following records:
a. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated as
required under 40 CFR 60.58b(m)(1)(i) as last amended May 10, 2006, during the
initial mercury performance test and all subsequent mercury compliance tests, with
supporting calculations.
b. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each
hour of operation as required under 40 CFR 60.58b(m)(1)(ii) as last amended
May 10, 2006, during the initial dioxin/furan performance test and all subsequent
dioxin/furan compliance tests, with supporting calculations.
c. The average carbon (or equivalent) mass feed rate (in lbs/hr) estimated for each
hour of operation as required under 40 CFR 60.58b(m)(3)(ii) as last amended
May 10, 2006, with supporting calculations.
d. The total carbon (or equivalent) usage for each calendar quarter estimated as
specified under 40 CFR 60.58b(m)(3) as last amended May 10, 2006, with supporting
calculations.
e. The carbon (or equivalent) injection system operating parameter data for the
parameter(s) that are the primary indicator(s) of carbon (or equivalent) feed rate,
calculated as specified in 40 CFR 60.58b(m)(2) as last amended May 10, 2006.
5. Identification of the calendar dates and time penods for which the minimum number
of hours of any of the data specified below have not been obtained, including reasons for
not obtaining sufficient data and a description of corrective actions taken:
a. Sulfur dioxide emissions data.
b. Nitrogen oxides emissions data.
c. Carbon monoxide emissions data.
d. Municipal waste combustor unit load data, including particulate matter control
device inlet temperature data.
e. For any person subject to 310 CMR 7.08(2) who elects to continuously monitor
particulate matter, cadmium, lead, mercury or hydrogen chloride emissions instead
of using EPA manual test methods, particulate matter, cadmium, lead, mercury or
hydrogen chloride emissions data.
f. For any person subject to 310 CMR 7.08(2) who elects to use continuous
automated sampling systems for dioxins/furans or mercury instead of EPA manual
test methods, dates and times when the sampling systems were not operating or were
not collecting a valid sample.
6. Identification of each occurrence that sulfur dioxide, nitrogen oxides and, as
applicable, particulate matter, cadmium, lead, mercury, hydrogen chloride or dioxin/furan
emissions data, or operational data (e.g., carbon monoxide emissions, unit load, and
particulate matter control device temperature) have been excluded from the calculation
of average emission concentrations or parameters, along with detailed and specific
reasons for excluding the data.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

7. The results of daily drift tests and quarterly accuracy determinations for sulfur
dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems,
as required under 40 CFR, Part 60: Appendix F, Procedure 1. For any person who elects
to continuously monitor or sample instead of using EPA manual test methods, the results
of daily drift tests and quarterly accuracy determinations for particulate matter as required
under 40 CFR 60: Appendix F, Procedure 2, the results of all quality evaluations, such
as daily drift tests and periodic accuracy determinations for cadmium, lead, mercury or
hydrogen chloride, specified in the approved site-specific performance evaluation test
plan required by 40 CFR 60.58b(o)(5) as last amended May 10, 2006, and all continuous
automated dioxin/furan or mercury sampling systems quality evaluations specified in the
approved site-specific performance evaluation test plan required by 40 CFR 60.58b(q)(5)
as last amended May 10, 2006.
8. Identification of each occurrence of a start-up, shut-down or malfunction, including
the specific reasons for each occurrence, date, time, and unit involved. Average
emissions concentrations or percent reductions, or operating parameters recorded under
310 CMR 7.08(2)(h)2., shall be recorded during start-up, shut-down or malfunction.
9. The results of the initial performance tests and all subsequent compliance tests
conducted to determine compliance with the particulate matter, opacity, cadmium, lead,
mercury, dioxin/furan, hydrogen chloride, and fugitive ash emission limits shall be
recorded along with supporting calculations and submitted to the Department within 90
days after each such test.
10. For the initial dioxin/furan performance test and all subsequent dioxin/furan
compliance tests recorded under 310 CMR 7.08(2)(h)9., the maximum demonstrated
municipal waste combustor load and maximum particulate matter control device
temperature (for each particulate matter control device) shall be recorded along with
supporting calculations.
11. Records showing the names of the municipal waste combustor chief facility
operator, shift supervisors, and control room operators who are certified by ASME
(Operator Certification and Provisional Certification), including the dates of initial and
renewal certifications and documentation of current certification. Records showing the
names of the municipal waste combustor chief facility operator, shift supervisors, and
control room operators who have completed the EPA municipal waste combustor
operator training course if required. Records of when a certified operator is temporarily
off site, pursuant to 310 CMR 7.08(2)(h)11.a. and b.
a. If the certified chief facility operator and certified shift supervisor are off-site for
more than 12 hours, but for two weeks or less, and no other certified operator is on-
site, record the dates that the certified chief facility operator and certified shift
supervisor were off-site.
b. When all certified chief facility operators and certified shift supervisors are off-
site for more than two weeks and no other certified operator is on-site, keep records
of:
i. Time of day that all certified persons are off-site.
ii. The conditions that cause those people to be off-site.
iii. The corrective actions taken by the owner or operator of the affected facility
to ensure a certified chief facility operator or certified shift supervisor is on-site
as soon as practicable.
iv. Copies ofthe written reports submitted every four weeks that summarize the
actions taken by the owner or operator of the affected facility to ensure that a
certified chief facility operator or certified shift supervisor will be on-site as soon
as practicable.
12. Records showing the names of the persons who have completed a review of the
operating manual as required by 310 CMR 7.08(2)(f)7.d., including the date of the initial
review and subsequent annual reviews.
13. For municipal waste combustor units that apply carbon (or equivalent) for mercury
or dioxin/furan control:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

a. Identification of the calendar dates when the average carbon (or equivalent) mass
feed rates recorded under 310 CMR 7.08(2)(h)4.c. were less than either of the hourly
carbon feed rates estimated during compliance tests for mercury or dioxin/furan
emissions and recorded under 310 CMR 7.08(2)(h)4.a. or b., with reasons for such
feed rates and a description of corrective actions taken.
b. Identification of the calendar dates when the carbon injection (or equivalent)
system operating parameter(s) that are the primary indicator(s) of carbon mass feed
rate (or equivalent) recorded under 310 CMR 7.08(2)(h)4.e., are below the level(s)
estimated during the compliance tests as specified in 40 CFR 60.58b(m)(1)(i) and
60.58b(m)(1)(ii) as last amended May 10, 2006, with reasons for such occurrences
and a description of corrective actions taken.
(i) Reporting Requirements. Any person subject to 310 CMR 7.08(2) shall submit an initial
performance report as well as an annual report pursuant to 40 CFR 60.59b(g) as last amended
May 10, 2006, the provisions of which are hereby incorporated by reference that includes,
but is not limited to, the information specified in 310 CMR 7.08(2)(i)1., as applicable. Any
person subject to 310 CMR 7.08(2) shall submit a semiannual report pursuant to 40 CFR
60.59b(h) as last amended May 10, 2006, the provisions of which are hereby incorporated
by reference that includes, but is not limited to, the information specified in 310 CMR
7.08(2)(i)2. for any recorded pollutant or parameter that does not comply with the emission
limits as set forth in 310 CMR 7.08(2). In meeting the reporting requirements of 310 CMR
7.08(2)(i)1. and 310 CMR 7.08(2)(i)2., any person subject to 310 CMR 7.08(2) shall report
the information in a format determined by the Department that is designed to be
understandable and informative to the public. The information shall be submitted in written
format and electronic format.
1. Annual Reporting Requirements.a The information specified in 310 CMR
7.08(2)(i)l.a. through h. shall be reported:
a. 310 CMR 7.08(2)(h)2.a., e. through k. for the highest emission levels recorded.
b. 310 CMR 7.08(2)(h)4.a. and b.
c. 310 CMR 7.08(2)(h)5. and 6., including 40 CFR 60.59b(g)(1)(iv) and (v), as last
amended May 10, 2006.
d. 310 CMR 7.08(2)(h)8. through 10.
e. Summary of 310 CMR 7 .08(2)(i)l.a. through d. for the previous year.
f. The performance evaluation of the continuous emission monitoring system using
the applicable performance specifications in 40 CFR Part 60: Appendix B.
g. A notification of intent to begin the reduced dioxin/furan compliance testing
schedule specified in 310 CMR 7.08(2)(g)l.b. during the following calendar year.
h. Documentation of periods when all certified chief facility operators and certified
shift supervisors are off site for more than 12 hours.
2. Semi-annual Reporting Requirementsb. The information specified in 310 CMR
7.08(2)(i)2.a. through e. shall be reported:
a. 310 CMR 7.08(2)(h)2.a., e. through k. for each date recorded in 310 CMR
7.08(2)(h)3.
b. 310 CMR 7.08(2)(h)3.
c. 310 CMR 7.08(2)(h)4.c.
d. 310 CMR 7.08(2)(h)9.c
e. 310 CMR 7.08(2)(h)13.
a
Annual reports shall be submitted no later than February 15th of each year following the calendar year in
which the data were collected.
b
Semiannual reports shall be submitted according to the schedule specified: (1) If data reported in
accordance with section 310 CMR 7.08(2)(i)2. were collected during the first calendar half, then the report
shall be submitted on or before August 1st following the first calendar half; (2) If data reported in section
310 CMR 7.08(2)(i)2. were collected during the second calendar half, then the report shall be submitted
on or before February 15th following the second calendar half.
c
Include only the reports which document emission levels that were above the applicable requirements and
the corrective actions taken.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

3. Reporting Requirements for Optional Continuous Monitoring and Continuous

Automated Sampling. Any person subject to 310 CMR 7.08(2) electing continuous
emissions monitoring for particulate matter, mercury, lead, cadmium or hydrogen
chloride, or continuous automated sampling for dioxin/furan or mercury, in lieu of
manual sampling, shall comply with the applicable notification requirements of 40 CFR
60.59b(m) and reporting requirements of 40 CFR 60.59b(n)(12) and 40 CFR
60.59b(o)(12), as last amended May 10, 2006.
(j) Emission Control Plan.
1. General Applicability. Any person subject to 310 CMR 7.08(2) shall submit an
emission control plan (ECP) application to the Department on or before
September 9, 2018 on a form provided by the Department to include new or amended
applicable requirements in 310 CMR 7.08(2)(f). All ECP applications are subject to fee
regulations and approval timelines contained in 310 CMR 4.00: Timely Action Schedule
and Fee Provisions.
2. Emission Control Plan Requirements. The requirements of the ECP are contained
in the ECP application but at a minimum, the ECP shall contain sufficient information
(e.g., control efficiency, specifications, standard operating and maintenance procedures)
for any control equipment used to comply with 310 CMR 7.08.
3. Compliance Demonstration. Any person subject to 310 CMR 7.08(2) must include
in the ECP application an affirmative demonstration that any facility(ies) in
Massachusetts owned and operated by such persons (or by an entity controlling,
controlled, by or under common control with such person) that is subject to 310 CMR
7.00 and 310 CMR 19.00: Solid Waste Management is in compliance with, or on a
Department approved compliance schedule to meet, all provisions of 310 CMR 7.00 and
310 CMR 19.00 and any plan approval, order, notice of noncompliance or permit issued
thereunder;
4. Public Comment on Emission Control Plans.
a. Upon receipt of an ECP application the Department will post a notice of public
hearing. on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period. The
public hearing will be held 30 days after the publication of the hearing notice. The
Department shall allow for a 30-day public comment period following the published
notice
b. After the public hearing and the close of the public comment period, the
Department will review all of the information submitted and shall issue either a
disapproval of the application or issue a draft emission control plan approval.
c. Upon issuance of the draft emission control plan approval, the Department shall:
i. Provide a 30-day period for submittal of public comment;
ii. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
a. Notice of availability of the Department's proposed decision to approve
or deny the ECP application and information on how to submit public
comment;
b. The Department's proposed decision to approve or deny the ECP
application;
c. Information on how to access the administrative record for the
Department's proposed decision to approve or deny the ECP application.
iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)4.c.ii.a. to EPA.
d. After the close of the public comment period, the Department will issue a final
approval or disapproval of the emission control plan.
5. Additional Requirements. Additional requirements may be included in the approval
if the Department determines that the emissions from a municipal waste combustor
plant's unit(s) alone or cumulatively with other municipal waste combustor plant's unit(s)
cause or contribute to a condition of air pollution or a violation of any other regulation.
Such requirements include but are not limited to, emission limits on air contaminants,
and additional stack testing or emission monitoring requirements.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

The Department may modify the ECP at any time if the Department determines that
a municipal waste combustor plant's unit(s) alone or cumulatively with other municipal
waste combustor plant's unit(s) cause or contribute to a condition of air pollution or a
violation of any other regulation. Such modification must comply with the requirements
in 310 CMR 7.08(2)(j)7.
6. Compliance Schedule. The ECP shall incorporate a compliance schedule that at a
minimum contains the requirements in 310 CMR 7.08(2)(k).
7. Modification to the ECP.
a. If the Department proposes to modify a municipal waste combustor plant's
emission control plan, the Department shall:
i. Provide a 30-day period for submittal of public comment;
ii. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
(i) Notice of availability of the Department's proposed decision to approve
or deny the ECP modification and information on how to submit public
comment;
(ii) The Department's proposed decision to approve or deny the ECP
modification; and
(iii) Information on how to access the administrative record for the
Department's proposed decision to approve or deny the ECP modification.
iii. Send a copy of the notice required under 310 CMR 7.08(2)(j)7.a.ii.a. to EPA.
b. After the close of the public comment period, the Department will issue a final
approval or disapproval of the modified ECP.
(k) Schedule. Municipal waste combustor unit(s) subject to 310 CMR 7.08(2) shall be in
full compliance with the applicable requirements of 310 CMR 7.08(2) after March 9, 2018,
except:
1. Nitrogen oxides emission limits are to be complied with by the dates specified in
310 CMR 7.08(2)(f)3.: Table 3, and in no case later than March 10, 2020.
2. If a municipal waste combustor unit(s) cannot comply with the NOx emission limit
in 310 CMR 7 .08(2)(f)3.: Table 3, the person subject to 310 CMR 7.08(2) may apply in
the emission control plan application due under 310 CMR 7.08(2)(j) for a source specific
alternative NOx emission limit, not to exceed a 24-hour daily arithmetic average of 185
parts per million by volume, dry basis, corrected to 7% oxygen. Such emission control
plan application must evaluate each of the following NOx controls, where it may be
applied, and its technological and economic feasibility.
a. low-NOx burners;
b. close coupled and separated overfire air;
c. flue gas recirculation;
d. steam/water injection;
e. dry low-NOx combustors;
f. fuel emulsification;
g. selective noncatalytic reduction (SNCR);
h. selective catalytic reduction (SCR);
i. nonselective catalytic reduction (NSCR);
j. use of emission reduction credits (ERCs) certified by the Department pursuant to
310 CMR 7.00: Appendix B (3), or pursuant to the interstate trading provisions at
310 CMR 7.00: Appendix B(3)(f); and
k. other innovative technologies available to reduce NOx.

(3) Commercial, Industrial, and Special Incinerators. No person shall cause, suffer, allow, or
permit the construction or substantial reconstruction or alteration or thereafter the operation of
a commercial, industrial, or special incinerator for which the site ___location has not been approved
by the Department in writing.

(4) Hazardous Waste Incinerators.

(a) No person shall construct, reconstruct, alter, or modify or operate, or cause, suffer, allow
or permit the construction, reconstruction alteration, modification, or operation of, any
hazardous waste incinerator unless such construction, reconstruction, alteration,
modification, or operation is in compliance with:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

1. 310 CMR 7.01, 7.08(4), and all other provisions of 310 CMR 7.00.
2. the terms of a Department approval granted pursuant to 310 CMR 7.00.
3. all applicable provisions of 310 CMR 30.000: Hazardous Waste and/or 314 CMR
8.00: Supplemental Requirements for Hazardous Waste Management Facilities.
4. the terms of a license or permit granted by the Department pursuant to 310 CMR
30.000: Hazardous Waste and/or 314 CMR 8.00: Supplemental Requirements for
Hazardous Waste Management Facilities.
5. In addition, 310 CMR 7.08(2) is adopted pursuant to the authority granted by
M.G.L. c. 111, § 150A.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

Noncompliance with any provision of 310 CMR 30.000, or of a license granted pursuant
to 310 CMR 30.000, shall be deemed noncompliance with, and shall be subject to all
applicable provisions, of M.G.L. c. 21C. Noncompliance with any provision of 314 CMR
8.00, or of a permit granted pursuant to 314 CMR 8.00, shall be deemed noncompliance
with, and shall be subject to all applicable provisions of, M.G.L. c. 21, §§ 26 through 53. No
approval granted by the Department shall affect the responsibility of the owner or operator
to comply with all other applicable laws and regulations.
(b) No person shall construct, reconstruct, alter, modify, or operate or cause, suffer, allow
or permit the construction, reconstruction, alteration, modification, or operation of, any
hazardous waste incinerator unless the plans, specifications, proposed Standard Operating
Procedure, and the Proposed Maintenance Procedure for such hazardous waste incinerator
have been submitted to the Department for approval, and the Department has granted such
approval in writing. The Department may prescribe a form and/or other application methods
which shall be used by each person applying for such approval from the Department.
(c) Each application for approval to construct, reconstruct, alter, modify or operate a
hazardous waste incinerator shall be in compliance with the requirements set forth in
310 CMR 30.001 through 30.099 (General Provisions, e.g., Definitions; Requirements for
Accurate, Timely and Complete Monitoring, Recordkeeping and Submittals to the
Department; Notification Procedures; and Transition Provisions) and 30.800 (Licensing
Requirements and Procedures) and shall:
1. be signed by the owner or operator of the hazardous waste incinerator;
2. be accompanied by site information, plans, descriptions, specifications, and drawings
showing the design of the hazardous waste incinerator, the nature and amount of
emissions, and the manner in which the hazardous waste incinerator will be operated and
controlled;
3. specify waste feed(s), including, for each, the anticipated heating value, viscosity,
description of the physical form of the waste, and identification and quantification of
hazardous waste constituents listed in 310 CMR 30.160 by the use of analytical
techniques specified in "Test Methods for Evaluating Solid Waste", United States
Environmental Protection Agency SW-846, 1980;
4. include a detailed description of the hazardous waste incinerator, including at least
the following:
a. the incinerator's model number and type, and the name of its manufacturer;
b. the linear dimensions of the incinerator unit and the cross sectional area of the
combustion chamber(s);
c. the auxiliary fuel system (type/feed);
d. the capacity of the prime mover;
e. the automatic cutoff system(s);
f. the stack gas monitoring and pollution control equipment;
g. the design of the nozzle and burner;
h. the construction materials; and
i. each device for indicating and/or controlling temperature, pressure, and/or flow,
including the ___location of each such device;
5. include the applicant's proposed standard operating procedure and proposed
maintenance procedure, which shall include, but not be limited to, procedures for:
a. incinerator startup and operation prior to, during, and immediately following
emission testing, and
b. long term incinerator operation, and
c. sampling and analysis of waste feeds, including the frequency thereof.
Such procedures shall include procedures for rapidly shutting down the waste feed
and the incinerator, and controlling emissions, in the event of equipment malfunction.
Such procedures shall, to the satisfaction of the Department, indicate that the incinerator
will operate in compliance with the emission limitations set forth in 310 CMR 7.08(4);
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

6. include a proposed emission test protocol for demonstrating compliance with

310 CMR 7.00 in general and in particular with the emission limitations set forth in
310 CMR 7.08(4)(h). This protocol shall include at least the following: sampling and
analysis procedures and equipment, sample locations, frequency and duration of
sampling, anticipated test dates, duration of testing, quantity of waste to be burned,
range(s) of temperature(s), waste feed rate, combustion gas velocity, auxiliary fuel use,
and all other parameters which may affect the performance of the incinerator;
7. include whatever other information, plans, specifications, evidence, or documentation
the Department may request; and
8. bear the seal and signature of a professional engineer, registered in the
Commonwealth pursuant to M.G.L. c. 112, on all engineering plans, specifications, and
other material submitted in or with the application.
(d) The Department may approve the construction, reconstruction, alteration, modification
or operation of a hazardous waste incinerator only if the Department is persuaded that:**
1. emissions from the incinerator would not result in air quality exceeding the
Massachusetts or National Ambient Air Quality Standards;
2. emissions from the incinerator would not result in noncompliance with 310 CMR
7.01 or any other provision of 310 CMR 7.00.
3. a proposed incinerator to be constructed in a non-attainment area would not have a
potential to emit equal to or greater than 100 tons per year of the contaminant upon which
the non-attainment status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides,
volatile organic compounds, or carbon monoxide), unless the incinerator is in compliance
with the requirements of 310 CMR 7.00: Appendix A(1) through (6), Emission Offsets
and Non-attainment Review;
4. a proposed modification of an incinerator in a non-attainment would not produce a
significant increase in emissions of the contaminant upon which the non-attainment
status is based (e.g., particulate matter, sulfur oxides, nitrogen oxides, volatile organic
compounds, or carbon monoxide), unless the incinerator is in compliance with the
requirements of 310 CMR 7.00: Appendix A(1) through (6), Emissions Offsets and
Non-attainment Review; and
5. a proposed incinerator subject to 310 CMR 7.00: Appendix A(1) through (6) (a major
source or major modification) would not have total allowable emissions which, when
added to allowable emissions from:
a. existing facilities in the pertinent regions, and
b. new or modified sources in the pertinent region, which sources are
not major emitting facilities, would, by the time that the incinerator is to commence
operation, exceed the total emissions from existing sources allowed under the
applicable SIP (prior to the application for such permit to construct or modify) by
such an amount as to be inconsistent with "reasonable further progress" as defined
in the Massachusetts State Implementation Plan (SIP).
(e) The Department may impose any reasonable condition upon an approval, including, but
not limited to:
1. compliance with record-keeping requirements set forth in 310 CMR 30.542;
2. limitations on waste feed;
3. waste feed rates;
4. operating conditions during start-up, prior to, and during emissions testing;
5. long term operating conditions;

S))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))Q
** In addition to the requirements contained herein, major new sources of air contaminants and
major modifications of existing sources located in attainment areas may be subject to Prevention
of Significant Deterioration (PSD) regulations at 40 CFR 52.21. Effective July 1, 1982, the
Department implemented the PSD program in accordance with the Department’s “Procedures
for Implementing Federal Prevention of Significant Deterioration Regulations”. As of March 3,
2003, the federal PSD regulations are administered by the U.S. Environmental Protection
Agency.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

6. requiring the hazardous waste incinerator to be provided with:

a. sampling ports of such size, number, and ___location as the Department may require,
and safe access to each port, and
b. instrumentation to monitor and record emission data;
7. quantitative analysis of the scrubber water, if any, the ash residues, and other
residues, if any, for the purpose of estimating the fate of the trial POHCs; and
8. any other sampling and/or testing equipment.
(f) The Department may revoke an approval if:
1. construction is not begun within four years from the date of issuance of the approval;
or
2. during construction, work is suspended for two years; or
3. there is any other lawful cause.
(g) For each hazardous waste incinerator whose construction was not completed prior to
October 15, 1983, all provisions of 310 CMR 7.08(4) shall take effect on October 15, 1983.
For each hazardous waste incinerator whose construction was completed prior to October 15,
1983:
1. all provisions of 310 CMR 7.08(4)(a) through (g) shall take effect on October 15,
1983; and
2. within nine calendar months after the date on which a license application is required
to be submitted to the Department pursuant to 310 CMR 30.099(6), either:
a. comply with 310 CMR 7.08(4)(b), (c), and (h) through (l), or
b. persuade the Department that more time is needed to comply with 310 CMR
7.08(4)(h) through (l), and submit to the Department a proposed plan and schedule
for such compliance. Said plan and schedule are subject to review and approval by
the Department and shall provide for compliance with 310 CMR 7.08(4)(b), (c) and
(h) through (l) as expeditiously as practicable, and in any event no later than 24
months after the date on which a license application is required to be submitted to the
Department pursuant to 310 CMR 30.099(6). Such proposed plan and schedule shall
be submitted in compliance with all applicable requirements set forth in 310 CMR
7.08 and in 310 CMR 30.000 and/or 314 CMR 8.00.
(h) Except as provided in 310 CMR 7.08(4)(g), no person owning, leasing, or controlling
the operation of any hazardous waste incinerator shall cause, suffer, allow, or permit
emissions therefrom in excess of the following emission limitations:
1. for each waste feed, a hazardous waste incinerator shall achieve a destruction and
removal efficiency (DRE) of 99.99% for each Principal Organic Hazardous Constituent
(POHC) designated in the Department's approval. DRE shall be determined for each
POHC from the following equation:

DRE = (W in-W out) X 100%

W in

Where:

W in = Mass feed rate of one POHC in the waste stream feeding the incinerator, and

W out = Mass emission rate of the same POHC present in exhaust emissions prior to
release to the atmosphere;

2. For a hazardous waste incinerator with the potential to emit hydrogen chloride (HCl)
at a rate equal to or greater than four pounds per hour, such HCl emissions shall be
limited to no greater than the larger of either four pounds per hour or 1% of the HCl in
the combustion gas prior to entering any air pollution control equipment;
3. Particulate emissions form a hazardous waste incinerator shall not exceed 0.08 grains
per dry standard cubic foot when corrected for the amount of oxygen in the stack gas
according to the formula:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

Pc = PM X 14
21-Y

Where:

Pc = the corrected concentration of particulate matter.

Pm = the measured concentration of particulate matter, and

Y= the measured concentration (percent by volume, dry) of oxygen in the stack gas.

4. Emissions of products of incomplete combustion (PICs) shall be limited to the degree

necessary to comply with 310 CMR 7.01.
(i) For the purposes of demonstrating compliance with the emission limitations contained
in 310 CMR 7.08(4)(h), compliance with other requirements of 310 CMR 7.00, or
compliance with the terms of any approval granted pursuant to 310 CMR 7.00, each person
owning, leasing, or controlling the operation of a hazardous waste incinerator shall conduct
or have conducted performance tests, including, without limitation, sampling and analysis
of waste and exhaust emissions, in accordance with the requirements set forth in 310 CMR
7.00, including, without limitation, the following requirements:
1. For a newly constructed, substantially reconstructed, or altered incinerator, such
performance tests shall be conducted as soon as possible as determined by the
Department, but in no case latter than 720 hours of operation or 120 calendar days,
whichever comes first, after the initial introduction into the incinerator of each waste feed
specified in a Department approval.
2. For a hazardous waste incinerator for which the Department is of the opinion that
performance tests are necessary, such performance tests shall be conducted within 90
days of written notification from the Department that such tests are required, or within
such other deadline as the Department may specify in said written notification, and
3. shall include an analysis demonstrating that the emissions of products of incomplete
combustion (PICs) are in compliance with 310 CMR 7.01. Such analysis of PICs shall
include the identification and quantification of no less than the five PICs that occur in the
highest concentration in the flue gas stream. The Department may require that additional
analysis be performed including, but not limited to, specifying particular compounds to
be identified and quantified.
(j) Performance tests in compliance with 310 CMR 7.08(4)(i) shall be conducted in
accordance with methods as approved by the Department and in conformance with 310 CMR
7.13. The sampling and analysis of waste shall in all cases be done by a person
knowledgeable therein, and shall be done in the presence of a representative of the
Department whenever such is deemed necessary by the Department. The results of all such
tests shall:
1. be recorded and the records placed in the operating log in compliance with 310 CMR
30.542, and
2. be submitted to the Department in accordance with 310 CMR 30.807 no later than
90 days after completion of the actual testing or within such other deadline as the
Department may prescribe in writing.
(k) No person shall cause, suffer, allow, or permit the operation of any hazardous waste
incinerator that is not equipped with instrumentation which is properly maintained in an
accurate operating condition and operated continuously to indicate and record the:
1. carbon monoxide and oxygen levels in the stack exhaust gas,
2. waste feed and supplementary fuel rates,
3. combustion temperature, and
4. combustion gas velocity.
The instrumentation and its installation shall be as approved by the Department in
accordance with 310 CMR 7.08(4).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.08: continued

(l) No person shall cause, suffer, allow, or permit the operation of any hazardous waste
incinerator unless said operation is in conformance with the following:
1. During start-up and shutdown, hazardous waste shall not be fed into the incinerator
unless the incinerator is operating within the conditions of operation as specified in the
Department's approval; and
2. Fugitive emissions from the combustion zone shall be controlled by:
a. keeping the combustion zone totally sealed against fugitive emissions; or
b. maintaining a combustion zone pressure lower than atmospheric pressure; or
c. an alternative means of fugitive emissions control equivalent to maintenance of
combustion zone pressure lower than atmospheric pressure as approved by the
Department; and
3. Each hazardous waste incinerator shall be equipped with a functioning system to
automatically cease operation of the incinerator when change(s) in waste feed, incinerator
design, or operating conditions exceed limits as designated in a Department approval.
Each such systems, and each alarm associated therewith, shall be tested at least weekly
to verify operability; and
4. At least once each day during which it is operated, each hazardous waste incinerator
and associated equipment (e.g. pumps, valves, conveyors, and pipes) shall be subjected
to thorough visual inspection for leaks, spills, fugitive emissions, and signs of tampering;
and
5. All monitoring and inspection data shall be recorded and the records shall be placed
in the operating log required by 310 CMR 30.542.
(m) No incinerator for the burning of polyhalogenated aromatic hydrocarbons shall be
constructed, substantially reconstructed, altered, or operated except in compliance with the
following requirements:
1. Polyhalogenated aromatic hydrocarbons may be burned only after the Department has
expressly and in writing approved the burning of such material, and only to the extent
and only while such approval is in effect. The application to the Department for such
approval shall expressly state that approval is sought to burn polyhalogenated aromatic
hydrocarbons.
2. The burning of polyhalogenated aromatic hydrocarbons shall achieve a destruction
and removal efficiency, as determined pursuant to 310 CMR 7.08(4)(h)1., of 99.9999%
for each POHC, based on burning materials more difficult to burn than tetra-, penta-, and
hexachlo- rodibenzo-p-dioxin and dibenzofurans.

7.09: U Dust, Odor, Construction, and Demolition

(1) No person having control of any dust or odor generating operations such as, but not limited
to asphalt batching plants, asphalt roofing materials manufacturing plants, asphalt blowing
plants, foundries, chemical products manufacturing plants, incinerators, fuel utilization facilities,
petroleum products manufacturing plants, aggregate manufacturing plants, food preparation or
processing facilities, wood products plants, dry cleaning establishments, paint and varnish
manufacturing plants, paper manufacturing plants, leather manufacturing plants, concrete
batching plants, metal coating and treating plants, land clearing operations, construction work,
dump operations, agricultural operations and street sweeping shall permit emissions therefrom
which cause or contribute to a condition of air pollution.

(2) No person responsible for any construction or demolition of an industrial, commercial, or

institutional building or residential building with 20 or more dwelling units, shall cause, suffer,
allow, or permit emissions therefrom which cause or contribute to a condition of air pollution.
Said person shall notify the Department in writing ten working days prior to the initiation of said
construction or demolition operation. The ten working day advance notice period will be waived
in the event of emergency demolition necessary to prevent a public health or safety hazard.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.09: continued

(3) No person responsible for an area where construction or demolition has taken place shall
cause, suffer, allow, or permit particulate emissions therefrom to cause or contribute to a
condition of air pollution by failure to seed, pave, cover, wet, or otherwise treat said area to
prevent excessive emissions of particulate matter.

(4) No person shall cause, suffer, allow, or permit the handling, transportation, or storage of any
material in a manner that results or may result in emissions therefrom which cause or contribute
to a condition of air pollution.

(5) No persons responsible for any construction or demolition of a structure that contains friable
asbestos material shall fail to comply with 310 CMR 7.09(2) and 310 CMR 7.02. (National
Emission Standards for Hazardous Pollutants)

(6) No person shall cause, suffer, allow, or permit the operation of mechanized street sweeping
equipment that is not equipped with a suitable dust collection or dust suppression system which
is maintained in good operating condition and is operated continuously while the street sweeping
equipment is in use to prevent conditions of air pollution.

(7) 310 CMR 7.09(1) through 7.09(4) and 7.09(6) are subject to the enforcement provisions
specified in 310 CMR 7.52.

7.10: U Noise

(1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or
through failure to provide necessary equipment, service, or maintenance or to take necessary
precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that
may cause noise.

(2) 310 CMR 7.10(1) shall pertain to, but shall not be limited to, prolonged unattended
sounding of burglar alarms, construction and demolition equipment which characteristically emit
sound but which may be fitted and accommodated with equipment such as enclosures to suppress
sound or may be operated in a manner so as to suppress sound, suppressible and preventable
industrial and commercial sources of sound, and other man-made sounds that cause noise.

(3) 310 CMR 7.10(1) shall not apply to sounds emitted during and associated with:
(a) parades, public gatherings, or sporting events, for which permits have been issued
provided that said parades, public gatherings, or sporting events in one city or town do not
cause noise in another city or town;
(b) emergency police, fire, and ambulance vehicles;
(c) police, fire, and civil and national defense activities;
(d) domestic equipment such as lawn mowers and power saws between the hours of 7:00
A.M. and 9:00 P.M.

(4) 310 CMR 7.10(1) is subject to the enforcement provisions specified in 310 CMR 7.52.

7.11: U Transportation Media

(1) Motor Vehicles.

(a) All motor vehicles registered in the Commonwealth shall comply with pertinent
regulations of the Registry of Motor Vehicles relative to exhaust and sound emissions.
(b) No person shall cause, suffer, allow, or permit the unnecessary operation of the engine
of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of
five minutes. 310 CMR 17.11 shall not apply to:
1. vehicles being serviced, provided that operation of the engine is essential to the
proper repair thereof, or
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.11: continued

2. vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for

which engine assisted power is necessary and substitute alternate means cannot be made
available, or
3. vehicles engaged in an operation for which the engine power is necessary for an
associated power need other than movement and substitute alternate power means cannot
be made available provided that such operation does not cause or contribute to a
condition of air pollution.
(c) 310 CMR 7.11(1)(b) is subject to the enforcement provisions specified in 310 CMR
7.52.

(2) Diesel Trains.

(a) No person owning or operating a diesel powered locomotive shall cause, suffer, allow,
or permit said locomotive to be operated in a manner such as to cause or contribute to a
condition of air pollution.
(b) No person shall cause, suffer, allow, or permit the unnecessary foreseeable idling of a
diesel locomotive for a continuous period of time longer than 30 minutes. 310 CMR 7.00
shall not apply to diesel locomotives being serviced provided that idling is essential to the
proper repair of said locomotive and that such idling does not cause or contribute to a
condition of air pollution.
(c) 310 CMR 7.11(2)(a) and 7.11(2)(b) are subject to the enforcement provisions specified
in 310 CMR 7.52.

(3) Aircraft. No person owning or operating an airport shall cause, suffer, allow, or permit
routine warmups, testing, or other operation of aircraft while on the ground, in such a manner
as to cause or contribute to a condition of air pollution, outside of the property lines of the
airport, that in the opinion of the Department are unreasonable and feasibly preventable.

(4) Marine Vessels. No person owning, operating, or having control of a seagoing vessel while
it is in the District shall cause, suffer, allow, or permit, aboard said vessel, tube blowing or soot
removal activities that cause or contribute to a condition of air pollution. 310 CMR 7.11 shall
apply only in the Merrimack Valley Air Pollution Control District, Metropolitan Boston Air
Pollution Control District, and the Southeastern Massachusetts Air Pollution Control District.

7.12: U Source Registration

(1) Applicability.
(a) 310 CMR 7.12 applies to any owner/operator of a facility if such facility meets any of
the criteria in 310 CMR 7.12(1)(a)1. through 11.
1. Has a facility-wide maximum energy input capacity in BTU/hour from fuel utilization
facilities equal to or greater than the following size thresholds:
a. All Fuels 40,000,000;
b. Residual Fuel Oil 10,000,000;
c. Solid Fuel 3,000,000;
d. Used Oil Fuel 3,000,000; or
e. Landfill Gas 3,000,000.
2. Has a maximum energy input capacity in Btu/hour from any fuel utilization facility
emission unit that combusts natural gas, propane, butane, or distillate oil equal to or
greater than the 10,000,000 Btu/hour.
3. Has non-combustion federal potential1 to emit (facility-wide) equal to or greater than:
a. Particulate Matter two tons per year;
b. Oxides of Sulfur 2.5 tons per year;
c. Organic Material ten tons per year;
d. Nitrogen Dioxide 4.4 tons per year; or
e. Hazardous Air Pollutants ten tons of any individual HAP per year or 25 tons
of total HAPs per year.

1
Non-combustion potential emissions excludes emissions from motor vehicles, incinerators and products of
combustion from fuel utilization facilities.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.12: continued

4. Is or contains a hazardous waste incinerator, regardless of size.

5. Is or contains an incinerator with the capacity to reduce 50 pounds per hour or more
of waste.
6. Is or contains an emission unit or process that is subject to a National Emission
Standard for Hazardous Air Pollutants (NESHAP) or subject to a Maximum Achievable
Control Technology (MACT) standard defined at 40 CFR Part 61 and Part 63, for which
the Department has received delegation from EPA.
7. Is or contains a stationary reciprocating internal combustion engine (except for
emergency or standby engines) with a maximum energy input capacity of 3,000,000 Btu
per hour or greater (burning any fuel).
8. Is required to submit a Source Registration as a condition of a plan approval or
operates under a Restricted Emission Status (RES) pursuant to 310 CMR 7.02(9) or
7.02(10) issued since January 1, 1990. The owner/operator of a facility required by a plan
approval, issued prior to January 1, 1990, to submit an annual Source Registration is no
longer required to do so unless such facility meets one of the other applicability criteria
in 310 CMR 7.12 or a more recent Department approval requires submittal of a Source
Registration.
9. Is a facility for which the owner/operator has received a request from the Department
to submit a Source Registration.
10. Is a facility subject to 310 CMR 7.00: Appendix C in the previous calendar year.
11. Had actual emissions equal to or greater than 0.5 tons of lead, 25 tons of NOx, or 25
tons of VOC in the previous calendar year.
(b) Any owner/operator of a facility that becomes subject to 310 CMR 7.12 that was not
previously subject to 310 CMR 7.12 shall notify the Department by January 31st of the
calendar year immediately following the calendar year in which the facility became subject
to 310 CMR 7.12.
(c) Any owner/operator of a facility subject to 310 CMR 7.26(20) through (29) need not
submit a Source Registration pursuant to 310 CMR 7.12 unless otherwise required to report
pursuant to 310 CMR 7.12(1)(a)9. or such facility meets any of the applicability criteria in
310 CMR 7.12(1)(a)(11).

(2) Schedule.
(a) Except as provided in 310 CMR 7.12(2)(b), a Responsible Official of a facility shall sign
and submit a Source Registration to the Department every year by the date indicated below:
1. May 1st for a facility subject to 310 CMR 7.00: Appendix C in the previous calendar
year;
2. June 1st for a facility that:
a. has an RES permit issued by the Department pursuant to 310 CMR 7.02(9);
b. had actual emissions of lead equal to or greater than 0.5 tons in the previous
calendar year, or actual emissions of NOx or VOC equal to or greater than 25 tons per
year in the previous calendar year;
c. emits an air contaminant subject to a NESHAP or is subject to a MACT standard
defined at 40 CFR Part 61 and Part 63, for which the Department has received
delegation from EPA;
d. is required, as a condition of a plan approval issued by the Department since
January 1, 1990, to submit a Source Registration annually.
(b) If a facility is not subject to the annual reporting schedule in 310 CMR 7.12(2)(a), a
Responsible Official shall sign and submit a Source Registration to the Department by
April 1st once every three years.

(3) Source Registration Contents.

(a) An owner/operator shall provide information in the Source Registration as specified in
a format provided by the Department including, but not limited to:
1. A complete description of the facility, including a description of process and
combustion equipment, facility operating hours and operating schedule, and raw
materials and fuels used at the facility. Once a facility is subject to 310 CMR 7.12, all
emission units and processes at the facility shall be included in the Source Registration
even if, individually, certain emission units and processes may not meet the applicability
thresholds of 310 CMR 7.00. Emission units that are "insignificant activities" under
310 CMR 7.00: Appendix C(5)(i) need not be included;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.12: continued

2. Detailed emissions estimates for all criteria and hazardous air pollutants emitted at
the facility;
3. An Emission Statement summarizing and certifying actual annual emissions and peak
ozone season day emissions of volatile organic compounds and oxides of nitrogen;
4. A description of air pollution control equipment and capture and control efficiencies
of said equipment;
5. Calculations and assumptions used to support calculations of emissions such as
annual fuel process rate, and peak ozone season daily process rate; and
6. Certification of accuracy to ensure that the information contained in the Source
Registration is accurate and complete to the best knowledge of the Responsible Official
signing the submittal pursuant to 310 CMR 7.01.
(b) Where such format is part of an electronic data system operated by the Department, the
owner/operator shall submit the Source Registration using the electronic data system.
(c) Copies of Source Registration and other information supplied to the Department, to
comply with 310 CMR 7.12 shall be retained by the facility owner/operator for five years
from the date of submittal.

(4) Verification of Information. The Department may inspect a facility at any time for the
purpose of verifying information contained in Source Registration.

7.13: U Stack Testing

(1) Any person owning, leasing, operating or controlling a facility for which the Department
has determined that stack testing is necessary to ascertain compliance with the Department's
regulations or design approval provisos shall cause such stack testing:
(a) to be conducted by a person knowledgeable in stack testing,
(b) to be conducted in accordance with procedures contained in a test protocol which has
been approved by the Department,
(c) to be conducted in the presence of a representative of the Department when such is
deemed necessary, and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.13: continued

(d) to be summarized and submitted to the Department with analyses and report within such
time as agreed to in the approved test protocol.

(2) Any person having control of a facility, relative to which the Department determines that
stack testing (to ascertain the mass emission rates of air contaminants emitted under various
operating conditions) is necessary for the purposes of regulation enforcement or determination
of regulation compliance, shall cooperate with the Department to provide:
(a) entrance to a ___location suitable for stack sampling;
(b) sampling ports at locations where representative samples may be obtained;
(c) staging and ladders to support personnel and equipment for performing the tests;
(d) a suitable power source at the sampling ___location for the operation of sampling
equipment; and
(e) such other reasonable facilities as may be requested by the Department.

7.14: U Monitoring Devices and Reports

(1) Upon request by the Department through direct communication or public notice, any person
who owns or operates a stationary emission source of a category and class specified by the
Department:
(a) shall install, maintain, and use emission monitoring devices, of a design and installation
approved by the Department; and
(b) shall make periodic reports to the Department on the nature and amounts of emissions
from said source which the Department shall review and correlate for its use in emissions
control and exhibit for public information.

(2) Any person who owns or operates an emission source as described in 40 CFR, Part, 51,
Appendix P, as amended, shall comply with the minimum requirements for continuous emission
monitoring, recording, and reporting as set forth therein for opacity, nitrogen oxides emissions,
sulfur dioxide emissions, and oxygen or carbon dioxide.

(3) The monitoring and recording required in 310 CMR 7.14(2) shall begin by August 6, 1988.

7.15: U Asbestos

(1) Definitions. The definitions set forth at 310 CMR 7.00 apply to 310 CMR 7.15, unless
otherwise defined in 310 CMR 7.15(1). The following words and phrases shall have the
following meanings as they appear in 310 CMR 7.15. If a term is defined both in 310 CMR 7.00
and in 310 CMR 7.15(1), then the definition in 310 CMR 7.15(1) applies for purposes of
310 CMR 7.15.

ADEQUATELY WET or ADEQUATELY WETTED means fixing or coating with water (or
water to which a surfactant has been added), amended water or a remover-encapsulant, so as to
prevent a friable condition and visible emissions. Material shall be considered adequately wetted
where it has been fixed or coated with water (or water to which a surfactant has been added),
amended water or a remover-encapsulant, so as to prevent a friable condition and visible
emissions.

AHERA means the Asbestos Hazard Emergency Response Act, 15 U.S.C. 2646 et seq., and the
regulations promulgated thereunder, including 40 CFR Part 763.

AMENDED WATER means water to which a wetting agent has been added.

ASBESTOS means all asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite),

cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite, and any other
asbestiform minerals designated as asbestos by EPA in 40 CFR 61.141.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

ASBESTOS ABATEMENT ACTIVITY means the removal, encapsulation, demolition,

renovation, enclosure, repair, disturbance, handling, transportation, storage, or disposal of
asbestos-containing material or asbestos-containing waste material or any other activity
involving asbestos-containing material or asbestos-containing waste material that has the
potential to result in a condition of air pollution. ASBESTOS ABATEMENT ACTIVITY does
not include survey, sampling, analysis, monitoring, or visual inspection activities.

ASBESTOS ANALYTICAL SERVICES means services provided by a person certified by the

Commonwealth pursuant to 453 CMR 6.08: Certification and Other Requirements for Asbestos
Analytical Services which include, but are not limited to, the counting or enumeration of asbestos
fibers in the air (air monitoring analysis) and the identification and quantification of asbestos in
materials (bulk sample analysis) in connection with any asbestos hazard assessment, facility
inventory, exposure measurement, abatement activity or associated activity.

ASBESTOS-CONTAINING MATERIAL (ACM) means any material containing 1% or more

asbestos as determined by a laboratory using protocols set forth in the Method for the
Determination of Asbestos in Bulk Building Materials found in EPA report EPA/600/R-93/116,
or another method as directed by the Department. ASBESTOS-CONTAINING MATERIAL
(ACM) includes, but is not limited to, sprayed-on and troweled-on materials applied to ceilings,
walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and other equipment,
structural and non-structural members; tiles; asphalt roofing or siding materials; or
asbestos-containing paper.

ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) means any ACM removed during

a demolition or renovation project and anything contaminated with asbestos in the course of a
demolition or renovation project including, but not limited to, asbestos waste from control
devices, bags or containers that previously contained asbestos, contaminated clothing, materials
used to enclose the work area during the demolition or renovation operation, and demolition or
renovation debris. ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) shall also
include ACM on and/or in facility components that are inoperable or have been taken out of
service and any ACM that is damaged or deteriorated to the point where it is no longer attached
as originally applied or is no longer serving the intended purpose for which it was originally
installed.

ASBESTOS CONTRACTOR means any person who has a valid license issued by the
Commonwealth pursuant to 453 CMR 6.05: Licensure of Asbestos Contractors for the purpose
of entering into or engaging in asbestos abatement activity.

ASBESTOS INSPECTOR means any person certified by the Commonwealth pursuant to

453 CMR 6.07: Certification of Consultants who identifies, assesses the condition of, or collects
pre-abatement samples of ACM.

ASBESTOS PROJECT MONITOR means any person certified by the Commonwealth pursuant
to 453 CMR 6.07: Certification of Consultants who:
(a) Collects air and bulk samples and performs visual inspections for the purpose of
determining asbestos project completion;
(b) Collects environmental asbestos air samples for the purpose of assessing present or
future potential for exposure to airborne asbestos; or
(c) Functions as the on-site representative of the facility owner or other persons by
overseeing the activities of the asbestos contractor.

ASBESTOS SURVEY REPORT means a written report resulting from a thorough inspection
using EPA approved procedures and methods, or an alternate asbestos inspection method that
has received prior written approval from the Department, to determine whether materials or
structures to be worked on, renovated, removed or demolished (including materials on the
outside of structures) contain asbestos.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

BULK LOADING means the placement of unconfined ACWM in a vehicle or container, such
as a roll-off, dumpster or truck in lieu of packaging the ACWM in individual leak tight
containers.

CONTAINERIZE means to place into sealed containers which will prevent leakage of solids,
including dust, and liquids.

DEMOLITION, for the purposes of 310 CMR 7.15, means the wrecking or taking out of any
load-supporting structural member of a facility together with any related handling operations or
the intentional burning of any facility.

DISTURBANCE means a physical disruption of the matrix of an ACM which predisposes the
material to release fibers or to generate asbestos-containing dust or debris.

DUMPING GROUND, for the purpose of 310 CMR 7.15, means a facility or place used for the
disposal of ACWM from one or more sources which is not established or maintained pursuant
to a valid site assignment and permit in accordance with M.G.L. c. 111, § 150A, 310 CMR
16.00: Site Assignment Regulations for Solid Waste Facilities or 310 CMR 19.000: Solid Waste
Management.

EMERGENCY RENOVATION OPERATION means a renovation operation that was not

planned but results from a sudden, unexpected event that, if not immediately attended to,
presents a safety or public health hazard, is necessary to protect equipment from damage, or is
necessary to avoid imposing an unreasonable financial burden. EMERGENCY RENOVATION
OPERATION includes operations necessitated by nonroutine failures of equipment.

ENCAPSULATION means the application of a coating or liquid sealant to ACM to reduce the
tendency of the material to release fibers.

ENCLOSURE means the covering or wrapping of friable ACM in, under or behind air-tight
barriers.

FACILITY means any dumping ground, or any installation, structure, building establishment or
ship, and associated equipment.

FRIABLE means material that, when dry, can be crumbled, shattered, pulverized or reduced to
powder by hand pressure.

FRIABLE ASBESTOS-CONTAINING MATERIAL (FRIABLE ACM) means any ACM, that,

when dry, can be crumbled, shattered, pulverized or reduced to powder by hand pressure or any
non-friable ACM that has been subjected to sanding, grinding, cutting, or abrading or has been
crumbled, shattered or pulverized by mechanical means such as, but not limited to, the use of
excavators, bulldozers, heavy equipment, or power and/or hand tools.

GLOVE BAG or GLOVEBAG means a manufactured plastic bag-type of enclosure with built-in
gloves, which is placed with an air-tight seal around a facility component which permits ACM
in or on the facility component to be removed without releasing asbestos fibers into the
atmosphere.

HEPA FILTRATION means high efficiency particulate air filtration capable of filtering 0.3
micron particles with 99.97% efficiency.

INCIDENTAL MAINTENANCE PROJECT OR WORK means any asbestos abatement activity

conducted in accordance with the applicable work practice standards set forth in 310 CMR 7.15
and which involves the removal or disturbance of:
(a) 100 square feet or less of asbestos-containing floor tile and related asbestos-containing
mastics; and/or
(b) 32 square feet or less of asbestos-containing gypsum wallboard and/or joint compound.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

LEAK-TIGHT means a condition under which solids, including dust and liquids, cannot escape
or spill out of a container.

NON-FRIABLE means material that, when dry, cannot be crumbled, shattered, pulverized or
reduced to powder by hand pressure.

NON-FRIABLE ASBESTOS-CONTAINING MATERIAL (NON-FRIABLE ACM) means any

ACM that, when dry, cannot be crumbled, shattered, pulverized or reduced to powder by hand
pressure and that has not been subjected to sanding, grinding, cutting, or abrading and has not
been crumbled, shattered, or pulverized by mechanical means such as, but not limited to, the use
of excavators, bulldozers, heavy equipment, or power and/or hand tools.

OSHA means the Occupational Safety and Health Administration of the United States
Department of Labor.

OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE means any single unit building

containing space for uses such as living, sleeping, preparation of food, and eating that is used by
a single family which owns the property both prior to and after renovation or demolition.
OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE includes houses, mobile homes,
trailers, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest
room". OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE does not include rental
property, multiple-family buildings, mixed use commercial/residential buildings or structures
used for fire training exercises.

OWNER/OPERATOR means any person who:

(a) has legal title, alone or with others, of a facility or dumping ground;
(b) has the care, charge, or control of a facility or dumping ground, or
(c) has control of an asbestos abatement activity including, but not limited to, contractors
and subcontractors.

RENOVATION, for the purposes of 310 CMR 7.15, means altering a facility or one or more
facility components in any way, including the stripping or removal of ACM from a facility
component. Operations in which load-supporting structural members are wrecked or taken out
are "demolitions".

SAMPLING means the process of obtaining portions of materials suspected of containing

asbestos, including the taking of bulk portions of materials for analysis to determine
composition, and the collection of air for the purposes of measuring the presence of asbestos.

SURVEY means any pre-demolition or pre-renovation activity undertaken at a facility for the
purpose of determining the presence, ___location, amount, and condition of ACM or material
assumed to contain asbestos. Activities including, but not limited to, the following do not meet
the requirements for a survey pursuant to 310 CMR 7.15:
(a) Inspections performed by employees or agents of federal, state or local government
solely for the purpose of determining compliance with applicable statutes or regulations; or
(b) Inspections, surveillance and testing conducted for the purpose of compliance with
AHERA.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

SUSPECT ASBESTOS-CONTAINING MATERIAL means products that have a reasonable

likelihood of containing asbestos based upon their appearance, composition and use. SUSPECT
ASBESTOS-CONTAINING MATERIAL includes, but is not limited to, non-fiberglass
insulation (e.g. pipe, boiler, duct work, etc.), cement/transite shingles, vinyl floor and wall tiles,
vinyl sheet flooring, plaster, cement/transite pipes, cement sheets (corrugated and decorative),
ceiling tiles, cloth vibration dampers or ductwork, spray-on fire proofing, mastic (flooring or
cove base adhesive or damp proofing), and asphalt roofing or siding materials (shingles, roofing
felts, tars, etc.).

VISIBLE DEBRIS means any visually detectable particulate residue, such as dust, dirt or other
extraneous material which may or may not contain asbestos.

WASTE SHIPMENT RECORD means the shipping document, required to be originated and
signed by the owner/operator, used to track and substantiate the disposition of ACWM.

WORK AREA means the area or ___location where any asbestos abatement activity or incidental
maintenance work is being performed, including but not limited to: areas used for accessing the
___location where asbestos abatement, asbestos-associated project work or incidental work is being
performed; areas used for the storage of equipment or removed materials related to asbestos
abatement activity; and other areas of a facility or ___location in which the Department determines
that such asbestos abatement activity has been or may be an actual or potential cause of a
condition of air pollution.

WORK PRACTICE STANDARDS means the standards, procedures or actions for the removal,
enclosure or encapsulation of asbestos, or for the demolition, renovation, maintenance or repair
of facilities containing asbestos.

WORKING DAY means any day that the Massachusetts Department of Environmental
Protection is open for business.

(2) Applicability.
(a) 310 CMR 7.15 applies to any persons engaged in asbestos abatement activities or
associated activities or actions set forth in 310 CMR 7.15(3), and to activities associated with
such asbestos abatement activities, including, but not limited to, notifications, surveys, visual
inspections, and recordkeeping.
(b) Nothing in 310 CMR 7.15 shall relieve any person from complying with all other
applicable federal, state and local laws and regulations, including, but not limited to,
42 U.S.C.A. § 7412 (the Clean Air Act) and 40 CFR, Part 61, Subpart M (the Asbestos
National Emission Standard for Hazardous Air Pollutants); and M.G.L. c. 149, §§ 6A
through 6F (statutes authorizing the Department of Labor Standards to regulate asbestos) and
453 CMR 6.00: The Removal, Containment or Encapsulation of Asbestos.

(3) Prohibitions.
(a) No person shall:
1. Violate or cause, suffer, allow or permit a person to violate any requirement set forth
in 310 CMR 7.15; or
2. Cause, suffer, allow, or permit any asbestos abatement activity which causes or
contributes to a condition of air pollution; or
3. Cause, suffer, allow, or permit any asbestos abatement activity which poses an actual
or potential threat to human health, safety and welfare or to the environment.
(b) No person shall prevent access to ACM for subsequent removal.
(c) No person shall spray ACM on any facility or facility component.
(d) No person shall apply an encapsulant to severely damaged or deteriorated ACM.
(e) No person shall install or reinstall asbestos-containing insulating material on a facility
or facility component or install or reinstall a facility component that contains
asbestos-containing insulating material.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(f) No person shall abandon or leave inoperable or out-of-service facility components that
contain ACM, that are not in compliance with 310 CMR 7.15(3)(g), and are located above
ground or have been exposed by excavation on-site. Inoperable or out-of-service facility
components containing ACM and located underground do not need to be removed unless
they are disturbed or uncovered by excavation.
(g) No person shall fail to maintain ACM that is located above ground, in a facility or that
is uncovered by excavation, in good condition and serving the intended purpose for which
it was originally installed.
(h) No person shall make, or cause any other person to make, any false, inaccurate,
incomplete or misleading statement(s) in any notification or any other record or report
submitted to or required by the Department pursuant to 310 CMR 7.15. Each owner/operator
of a facility subject to any asbestos abatement activity shall notify the Department in writing
immediately, but in no event more than 24 hours after the discovery of any false, inaccurate,
incomplete, or misleading statement(s) in any such notification or other record or report
submitted to or required by the Department pursuant to 310 CMR 7.15.

(4) Survey Requirements. With the exception of the owner of an Owner-occupied,

Single-family Residence who performs asbestos abatement activities at the owner's residence
involving solely non-friable ACM, the owner/operator of a facility or facility component that
contains suspect ACM shall, prior to conducting any demolition or renovation, employ or engage
an asbestos inspector to thoroughly inspect the facility or facility component, or those parts
thereof where the demolition or renovation will occur, to identify the presence, ___location, amount
and condition of any ACM or suspect ACM and to prepare a written asbestos survey report. The
survey shall identify and assess suspect ACM located in all areas that will be breached or
otherwise affected by demolition or renovation activities including, but not limited to, wall
cavities, areas above ceilings and under/between multiple layers of flooring. Public and private
utility owners/operators of underground cement pipes in their system networks shall comply with
the provisions of 310 CMR 7.15(12A)(b) in lieu of 310 CMR 7.15(4).
(a) The written asbestos survey report shall describe the demolition or renovation operation
to be undertaken and identify the types, amounts, condition and locations of all ACM
present. The written asbestos survey report shall also include the following:
1. The date(s) of the survey of the facility;
2. The printed name, business address, business telephone number, certification number
and signature of the asbestos inspector who conducted the survey and prepared the
report; and
3. A description of the manner used to determine the sampling locations.
(b) The written asbestos survey report shall also contain an inventory of the exact locations
of the ACM or suspect ACM from which samples were collected, analytical results of all
samples taken, the date(s) such samples were collected, the name(s) of the persons who
provided asbestos analytical services, and a blueprint, site map, diagram or written
description of the facility and locations(s) thereof subject to demolition or renovation. This
documentation shall clearly identify each ___location subject to demolition and/or renovation
and the corresponding footage (square and/or linear) of any ACM or suspect ACM in each
___location.
(c) Any suspect ACM that is not sampled and tested for the presence of asbestos must be
handled and disposed of as if it were ACM and must be identified as ACM in the asbestos
survey report.
(d) The owner/operator of a facility or facility component shall maintain a copy of the
written asbestos survey report available at the facility for review by or submittal to the
Department upon request at all times during the asbestos abatement activities and shall
preserve and maintain such report at the facility for at least two years following the
completion of said activities. If the facility is unstaffed or in the event that the facility is
demolished, the owner/operator shall preserve and maintain the written asbestos survey
report at its regular place of business.

(5) Removal Requirements. The owner/operator of a facility or facility component shall:

(a) Remove and dispose of any ACM in accordance with 310 CMR 7.15, prior to
conducting any demolition and/or any renovation thereof; and
(b) Remove or encapsulate any friable ACM that has been or will be exposed or created as
a result of any demolition or renovation, in accordance with 310 CMR 7.15(7).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(6) Notification Requirements. Unless specifically exempted under the provisions of 310 CMR
7.15(6)(f), or if notification is being made under the terms of an approved facility blanket
notification pursuant to 310 CMR 7.15(6)(j), the owner/operator of a facility or facility
component shall notify the Department and obtain Department authorization prior to conducting
any asbestos abatement activity, as follows:
(a) Each owner/operator shall ensure that a fully completed asbestos notification form,
including any applicable fee, is received by the Department at least ten working days prior
to the commencement of the asbestos abatement activity;
(b) An asbestos notification form shall be deemed accepted by the Department unless the
person submitting said asbestos notification form is notified in writing by the Department
of deficiencies in the asbestos notification form within ten calendar days of the Department's
receipt of said form;
(c) The Department's acceptance of said asbestos notification form shall constitute the
Department's authorization for the asbestos abatement activity described in the asbestos
notification form to be conducted in compliance with all applicable provisions of 310 CMR
7.15;
(d) The start date on the asbestos notification form shall encompass the time required for
set-up of the area where such asbestos abatement activity will occur, including any
pre-cleaning and installation of polyethylene sheeting required by 310 CMR 7.15(7)(c); and
(e) Notification shall be made only by use of the Department approved asbestos notification
form, and shall include all required information, be accompanied by the applicable fee, and
be legible. An incomplete or illegible notification form will not be accepted and any asbestos
abatement activity described therein will not be deemed authorized by the Department or in
compliance with 310 CMR 7.15.
(f) Notification Exemptions. The following activities shall not be subject to the notification
requirements of 310 CMR 7.15(6)(a) through (e):
1. Notification Exemption for Exterior Asbestos-containing Cementitious Shingles,
Sidings and Panels. The removal or disturbance of 100 square feet or less of exterior
asbestos-containing cementitious shingles, sidings and panels, provided that the
applicable requirements of 310 CMR 7.15(12) are met.
2. Notification Exemption for Asbestos Incidental Maintenance Projects or Work. The
removal or disturbance of asbestos-containing floor tile, and asbestos mastics or
asbestos-containing gypsum wallboard/joint compound systems, provided that the
applicable requirements of 310 CMR 7.15(13) are met.
3. Notification Exemption for Owner of Owner-occupied, Single-family Residence.
The owner of an Owner-occupied, Single-family Residence who performs asbestos
abatement activities at the owner's residence involving solely non-friable ACM; provided
that the abatement activity does not cause the non-friable ACM to become friable ACM
and provided that the asbestos abatement activity is not required to be conducted by a
Licensed Contractor pursuant to 453 CMR 6.00: The Removal, Containment or
Encapsulation of Asbestos. This exemption does not apply to the removal or disturbance
of greater than 100 square feet of exterior asbestos-containing cementitious shingles,
siding and panels.
(g) Notification Revision Procedures. Notification date changes shall be made as follows:
1. The original start date on a notification form that has been submitted to and accepted
by the Department in compliance with 310 CMR 7.15(6)(a) and (b) may be revised (i.e.
moved forward or postponed), and asbestos abatement activity may start on said revised
date provided that a revised notification form is received and accepted by the Department
at least ten working days prior to the new start date for the asbestos abatement activity
and provided that the revision is properly submitted to and accepted by the Department
prior to the start date for the asbestos abatement activity listed on the original notification
form.
2. If the asbestos abatement activity will end earlier than the end date listed on the
original notification form, the Department must receive a revised notification form
identifying the change no later than 24 hours prior to the revised end date for the activity.
3. The asbestos abatement activity end date set forth in the original notification form
may be extended to allow additional time to complete the specific asbestos abatement
activity identified on the original notification. In such cases, the person who submitted
the original notification form shall revise the original notification form and specify a new
end date provided that the end date specified in the original notification form has not
passed.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

4. If asbestos abatement activities are not continuous and will occur at intermittent times
within the notified asbestos abatement work period identified on the notification form,
the person who submitted the original notification shall inform the applicable
Department regional office in writing, via fax, email or hand delivery, of the specific
dates and times when the asbestos abatement activities will suspend and resume. The
person who submitted the original notification form shall provide the Department with
such notice a maximum of 24 hours following suspension of work and a minimum of 24
hours prior to resuming asbestos abatement activities.
(h) Multiple Building Abatements. Separate notification forms shall be submitted to and
accepted by the Department at least ten working days in advance of any asbestos abatement
activity for each building and/or structure in which asbestos abatement activities will occur.
(i) Waiver of the Advance Notification Period.
1. The Department may approve, at its sole discretion, a waiver of the ten working day
advance notification period under the following circumstances and situations:
a. demolition of a facility under an order of a state or local government agency
issued because the facility is structurally unsound and in danger of imminent
collapse; or
b. an emergency renovation operation.
2. Requests for approval of an advance notification waiver shall be made to the
applicable Department regional office.
3. When approved by the Department, the waiver shall apply only to the ten working
day advance notification period. All other requirements of 310 CMR 7.15 shall continue
to fully apply to asbestos abatement activities for which such notification waiver has
been approved.
4. If the Department approves such a waiver, the person receiving the waiver shall
provide notification regarding all asbestos abatement activities to the Department on the
Department approved asbestos notification approval form (ANF 001) within 24 hours of
commencement of the asbestos abatement activities, including set-up or on-site
preparation activities.
(j) Facility Blanket Notification. An owner/operator may apply to the Department for
approval of a blanket notification covering multiple asbestos abatement projects for limited
maintenance projects involving less than ten linear feet of ACM on pipe or 25 square feet of
ACM on other facility components at a facility; or for large scale planned asbestos abatement
projects at a facility; or for work in individual contiguous utility system networks owned by
public or private utilities involving up to 25 linear feet of ACM on pipe or up to 60 square
feet of ACM on other facility components at a facility.
1. Blanket notification applications shall be submitted on Department approved forms,
shall include all required information and any additional information requested by the
Department, shall be accompanied by the appropriate fee, and shall be legible.
2. Blanket notification approvals may be granted for a period not to exceed 12 months
at the Department's discretion and when granted the terms of the approval shall be
facility-specific.
3. The Department's receipt and acceptance of a blanket notification application shall
not constitute approval thereof. The Department will issue a written approval or denial
of the application at its discretion.
4. Individual notifications shall be submitted to the Department before the start of each
project or project segment thereof conducted under an approved Facility Blanket
notification. The approval of an application for a Facility Blanket notification shall have
the effect of waiving the ten working days advance notification period for each individual
project or project segment conducted under said Facility Blanket approval. However,
each approval of an application for a Facility Blanket notification shall establish an
advance notification period that shall apply to the individual project(s) or project
segment(s) conducted under that specific approval.

(7) General Asbestos Abatement Work Practice Standards. Unless otherwise exempted under
310 CMR 7.15(9), 310 CMR 7.15(10), 310 CMR 7.15(11), 310 CMR 7.15(12) or 310 CMR
7.15(13), the owner/operator of a facility or facility component where any asbestos abatement
activity is conducted shall ensure that the work practice standards listed below are followed.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(a) No Visible Emissions. No visible emissions shall be discharged to the outside air during
the collection, processing, packaging, or transporting of any ACM or ACWM.
(b) Required Use of Asbestos Contractors. Except as allowed by 453 CMR
6.14(1)(a): Exception to Licensing Requirement for Entities Conducting Response Actions
in their Own Facilities, only asbestos contractors licensed pursuant to 453 CMR 6.00: The
Removal, Containment or Encapsulation of Asbestos shall carry out asbestos abatement
activities.
(c) Work Area Preparation Requirements to prevent emissions to the ambient air.
1. Shutdown of HVAC Systems. The facility heating, ventilation and air conditioning
(HVAC) systems in the work area shall be shut down, locked out and isolated.
2. Removal of Moveable Objects. All moveable objects shall be removed from the
work area prior to commencement of asbestos abatement work. Items to be reused which
may have been contaminated with asbestos shall be decontaminated by HEPA
vacuuming or wet cleaning prior to their being removed from the work area.
3. Covering of Non-moveable Objects. All non-moveable or fixed objects remaining
within the work area shall be wrapped or covered with six mil (minimum) plastic
sheeting and completely sealed with duct tape or the equivalent.
4. Isolation of Work Area. Prior to the commencement of any asbestos abatement
activity, the work area shall be isolated in accordance with the requirements of 310 CMR
7.15(7)(c)4. to prevent emissions to the ambient air. The work area shall be isolated by
sealing all openings including, but not limited to, windows, doors, ventilation openings,
drains, grills, and grates with six mil thick (minimum) plastic sheeting and duct tape or
the equivalent. For asbestos abatement activities defined at 310 CMR 7.15(1), large
openings such as open doorways, elevator doors, and passageways shall be first sealed
with solid construction materials, such as plywood over studding, which shall constitute
the outermost boundary of the asbestos work area. All cracks, seams and openings in
such solid construction materials shall be caulked or otherwise sealed, so as to prevent
the movement of asbestos fibers out of the work area.
5. Covering of Floor and Wall Surfaces. Except as listed in 310 CMR 7.15(7)(c)5.a.
through c., floor and wall surfaces shall be covered with plastic sheeting. All seams and
joints shall be sealed with duct tape or the equivalent. Floor covering shall consist of at
least two layers of six mil thick plastic sheeting, with the edges upturned to cover at least
the bottom 12 inches of the adjoining wall(s). Wall covering shall consist of a minimum
of two layers of four mil thick plastic sheeting. Wall covering shall extend from ceiling
to floor and overlap the upturned floor coverings without protruding onto the floor. Duct
tape or the equivalent shall be used to seal the seams in the plastic sheeting at the
wall-to-floor joints.
a. Exception to Covering Requirement Where Surfaces Are Impervious.
Compliance with 310 CMR 7.15(7)(c)5. is not required where floors and walls are
covered by ceramic tile or other impervious materials that are free from holes, drains,
cracks, fissures or other openings and which may be thoroughly decontaminated by
washing at the conclusion of the work, provided that such action does not result in
the passage of asbestos fibers from the work area.
b. Exception to Covering Requirement for Abatement Surfaces. Compliance with
310 CMR 7.15(7)(c)5. is not required for those floor, ceiling and wall surfaces from
which asbestos coverings are removed.
c. Exception to Wall Surface Covering Requirement Where Glovebags Are Used.
Covering of wall is optional for asbestos abatement activities where glovebags are
used as the sole means of removal or repair, provided that the work area is isolated
in accordance with 310 CMR 7.15(7)(c)4., that all moveable objects in the work area
are removed in accordance with 310 CMR 7.15(7)(c)2., that immoveable objects
remaining in the work area are covered in accordance with 310 CMR 7.15(7)(c)3.,
and that all other relevant requirements of 310 CMR 7.15(7)(c)1. through 4. are met.
Where glovebags are used, the floor of the work area shall be covered with a
minimum of one layer of six mil thick plastic sheeting.
6. Covering of Ceiling Surfaces. Ceiling surfaces within the work area shall be covered
with a minimum of two layers of four mil thick plastic sheeting or shall be cleaned and
decontaminated by wet wiping and HEPA-vacuuming in accordance with 310 CMR
7.15(7)(f)4.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(d) Equipment Decontamination Requirements. No equipment, supplies or materials

(except properly containerized waste material) shall be removed from an asbestos work area,
unless such equipment, supplies or materials have been thoroughly cleaned and are free of
asbestos debris. Where decontamination is not feasible, such materials shall be wrapped in
a minimum of two layers of six mil thick polyethylene sheeting with all joints, seams and
overlaps sealed with duct tape or equivalent, or containerized in a metal, plastic or fiber drum
with a locking lid. Said wrapped equipment, supplies or materials shall be labeled as being
ACWM prior to removal from the work area. HEPA vacuums shall be emptied of contents
prior to removal from the work area. Air filtration devices shall have used pre-filters
removed and replaced with fresh filters prior to removal from the work area. Used HEPA
filters and pre-filters shall be disposed of as ACWM.
(e) Requirements for Work Area Ventilation System.
1. A HEPA-filtered work area ventilation system shall be used to maintain a reduced
atmospheric pressure of at least -0.02 column inches of water pressure differential within
the contained work area.
2. The HEPA system shall be in operation at all times from the commencement of the
asbestos project until the requirements of 310 CMR 7.15(8) have been met.
3. The ventilation equipment utilized shall be of sufficient capacity to provide a
minimum of four air changes per hour and shall be equipped with an operating alarm
system capable of indicating when the unit is not working properly, and utilizing a clean
filter specified for that unit and capable of filtering 0.3 micron particles with 99.97 %
efficiency.
a. No later than June 20, 2017 the operating alarm system shall be an audible and
visual alarm system capable of indicating the unit is working properly, and utilizing
a clean filter specified for that unit and capable of filtering 0.3 micron particles with
99.97 % efficiency.
4. The HEPA system units shall be operated in accordance with Appendix J of EPA
Guidance Document EPA 560/5-85-024.
5. Make-up air entering the work area shall pass through the decontamination system.
6. Exhaust air shall be HEPA-filtered before being discharged outside of the work area.
a. Exhaust air tubes or ducts associated with the work area ventilation system shall
be free of leaks.
b. Whenever feasible, exhaust air shall be discharged to the outside of the building.
If access to the outside is not available, exhaust air may be discharged to an area
within the building, but in no case shall exhaust air be discharged into any occupied
areas of the building or into any areas of the building which contain exposed or
damaged asbestos.
7. Exception to Work Area Ventilation System Requirement Where Glovebags Are
Used. Compliance with 310 CMR 7.15(7)(e) is not required for asbestos abatement
activities where glovebags are used as the sole means of abatement removal or repair.
(f) Removal and Cleanup Requirements. Removal of ACM from facility components shall
be conducted within the work area at the site of origin as described in 310 CMR 7.15(7)(f)1.
through 5.
1. Wetting of ACM. Prior to removal, all ACM shall be adequately wetted with
amended water. Amended water shall not be applied in amounts that will cause run-off
or leakage of the water from the work area. Once removed, ACM shall be kept
adequately wet until and after it is placed into containers pursuant to 310 CMR 7.15(15).
2. Removal of ACM Being Removed as Units or in Sections. Facility component(s),
covered or coated with ACM, being removed as units or in sections, shall be adequately
wetted, carefully lowered to the floor level as units or sections and abated within the
work area.
3. Containerization of ACWM. All ACWM within the work area shall be promptly
cleaned up and placed into leak-tight containers as described in 310 CMR 7.15(7)(f)3.a.
through c. Containerized ACWM shall be removed from the work area at least once per
shift and stored in secured, totally enclosed vehicles or containers that are designed,
constructed, and operated to prevent spills, leaks, or emissions in accordance with
310 CMR 7.15(15) through (17).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

a. ACM and ACWM not containing components with sharp edges shall be
containerized in two plastic bags (six mil minimum thickness each bag, one inside
the other) or in leak-proof metal, plastic or plastic lined drums with locking lids.
b. ACM and ACWM with sharp-edge components shall be contained in leak-proof
metal, plastic or plastic-lined drums with locking lids or plastic lined boxes.
c. Large components removed intact shall be wrapped in a minimum of two layers
of six mil thick polyethylene sheeting with all joints and seams sealed with duct tape
or equivalent, and labeled as ACWM prior to removal from the contained work area.
4. Clean-up. Following an asbestos abatement activity, all contaminated surfaces within
the work area shall be decontaminated using HEPA-vacuuming or wet cleaning
techniques. All equipment and materials used and all surfaces from which ACM has
been removed shall be decontaminated. An inch of soil shall be removed from dirt floors
and disposed of as ACWM. Clean-up shall be to the level of no visible debris.
5. Removal of Work Area Barriers and Work Area Ventilation Systems. The conditions
described in 310 CMR 7.15(7)(f)5.a through c. shall be maintained until such time as the
visual inspection requirements of 310 CMR 7.15(8) are met:
a. all work area barriers remain in place;
b. work area ventilation systems (if required) remain in operation; and
c. all other work practice standards established by 310 CMR 7.15 are met.

(8) Visual Inspection Requirements. With the exception of the owner of an Owner-occupied,
Single-family Residence who performs asbestos abatement activities at the owner's residence
involving solely non-friable ACM, in addition to the specific asbestos abatement work practice
standards set forth at 310 CMR 7.15(7), upon completion of an asbestos abatement activity, the
owner/operator shall ensure that the following visual inspection procedures are performed for
all asbestos abatement activities. The visual inspection shall be performed only by an asbestos
project monitor. Public and private utility owners/operators of underground asbestos cement
pipes in their system networks shall comply with the provisions of 310 CMR 7.15(12A)(d) in
lieu of 310 CMR 7.15(8).
(a) An asbestos project monitor shall inspect all surfaces within the work area for visible
debris.
(b) Should any visible debris be found in the work area, it shall be repeatedly cleaned by
the asbestos contractor in accordance with 310 CMR 7.15 until there is no visible debris.

(9) Requirements for Asbestos Glovebag Operations. The owner/operator of a facility or

facility component where asbestos abatement activities involving glovebag operations are
conducted shall ensure that the following requirements are met:
(a) For activities that disturb friable ACM, no visible emissions shall be discharged to the
outside air during the collection, processing, packaging or transporting of any ACM or
ACWM.
(b) Glovebags shall be used only on those facility components for which they are
specifically designed and they shall not be modified for use on any other type of facility
component. Glovebags shall be constructed of six mil thick (minimum) plastic sheeting and
be seamless at the bottom.
(c) Glovebags shall be used only once and shall not be moved along the facility component
from where they are initially applied.
(d) The work area shall be isolated in accordance with 310 CMR 7.15(7)(c)5.c. and cleaned
of visible debris by wet wiping or HEPA-vacuuming prior to installation of the glovebag.
(e) Glovebags shall be installed so as to form an airtight covering around the facility
components on which they are to be used. Any friable ACM in the immediate area of
glovebag installation shall be wrapped and sealed in two layers of six mil (0.006 inch) thick
plastic sheeting or otherwise maintained intact prior to glovebag installation. All openings
in the glovebag shall be sealed against leakage with duct tape or the equivalent material.
(f) ACM shall be adequately wetted with amended water prior to its removal and shall be
maintained in an adequately wet condition inside the glovebag.
(g) Any ACM that has been exposed as a result of the glovebag operation shall be removed,
encapsulated or enclosed so as to prevent the leakage of asbestos fibers prior to the removal
of the glovebag.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(h) All surfaces inside the glovebag from which ACM has been removed and the upper
portions of the glovebag itself shall be cleaned free of visible debris prior to removal of the
glovebag.
(i) Debris shall be isolated in the bottom of the glovebag by twisting the bag so as to form
a closure in the middle. This closure shall then be taped around with duct tape or the
equivalent. Air in the glovebag shall be exhausted with a HEPA vacuum cleaner prior to its
removal.
(j) Following removal from the facility component, the glovebag and its contents shall be
containerized in accordance with 310 CMR 7.15(15) and 310 CMR 19.000: Solid Waste
Management.

(10) Requirements for the Removal of Asbestos-containing Asphaltic Roofing and Siding
Materials.
(a) If the requirements of 310 CMR 7.15(10) are followed, asbestos-containing asphaltic
roofing and siding may be disposed of in any landfill permitted by the Department to
accept solid waste pursuant to 310 CMR 19.000: Solid Waste Management. If the
asbestos-containing asphaltic roofing and siding are not handled in accordance with
310 CMR 7.15(10) or if the Department has determined that asbestos fibers may be released
during handling, removal or disposal, then the materials shall be disposed of in a landfill that
has obtained a special waste permit to accept asbestos wastes or is managing such wastes in
accordance with 310 CMR 19.061: Special Waste.
(b) Roof level heating and ventilation air intakes shall be isolated by covering the intakes
with six mil thickness plastic sheeting prior to the start of the removal work.
(c) Asphaltic shingles and felts shall be removed intact to the greatest extent feasible.
(d) Asphaltic shingles and felts that are not intact, or will be rendered non-intact, shall be
adequately wet during removal.
(e) Where cutting machines are used in the removal of asphaltic shingles and felts, said
cutting machines shall be equipped with a HEPA vacuum to capture dust produced by the
cutting process. Cutting machines that are not equipped with a HEPA vacuum to capture
dust produced by the cutting process shall only be used inside a work area for which
containment sufficient to prevent visible emissions of fugitive dust to the ambient air has
been established.
(f) Where cutting machines are used in the removal of asphaltic shingles and felts, the
material shall be adequately wetted throughout the cutting process.
(g) Dust produced by power roof cutters operating on aggregate surfaces shall be removed
by HEPA-vacuuming. Dust produced by power roof cutters operating on non-aggregate,
smooth surfaces shall be removed by HEPA-vacuuming or wet wiping along the cut line.
(h) Asbestos-containing shingles or felts shall not be dropped or thrown to the ground.
Unless the material is carried or passed to the ground by hand, it shall be lowered to the
ground by crane or hoist or transferred in dust-tight chutes.
(i) Intact asphaltic shingles and felts shall be lowered to the ground prior to the end of each
work shift. Non-intact asphaltic shingles and felts shall be kept adequately wet at all times
while on the roof. Non-intact asphaltic shingles and felts shall be placed in an impermeable
waste bag (six mil thickness) or wrapped in plastic sheeting (minimum six mil thickness),
sealed with duct tape or the equivalent and lowered to the ground prior to the end of each
work shift.
(j) For activities that disturb friable ACM, no visible emissions shall be discharged to the
outside air during the collection, processing, packaging or transporting of any ACM or
ACWM.

(11) Requirements for Window Painting and/or Repair Work That Result in the Disturbance
of Asbestos-containing Glazing and/or Caulking Compounds.
(a) A work area defined at 310 CMR 7.15(1) shall be established that extends outward from
the exterior side of the building or facility where the window painting and/or repair work that
will result in disturbance of asbestos-containing glazing and/or caulking compounds is to
take place. Said work area shall be large enough to encompass all areas where dust, debris
or waste generated during the operation are expected to accumulate and areas where there
is a reasonable possibility that airborne levels of asbestos could be elevated, as well as any
area occupied by equipment.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(b) Windows, doors and other openings on the side of the building where the window
repair/painting work that will result in disturbance of asbestos-containing glazing and/or
caulking compounds is occurring shall be closed while the work is occurring and air
conditioners on the same side of the building shall be turned off.
(c) Tarpaulin or plastic sheeting shall be spread on the ground under the window(s) being
painted or repaired. Said tarpaulin or plastic sheeting shall extend away from the edge of the
building and to either side of the work area a sufficient distance to catch any debris generated
by the work operation. Tarpaulin or sheeting shall be cleaned of accumulated debris no later
than the end of each work shift.
(d) If the entire sash is to be removed during painting or repair operations, window openings
shall be sealed on the inside of the building with six mil thickness polyethylene sheeting in
a manner sufficient to prevent leakage of dust or debris to interior spaces. Where less than
an entire sash is to be replaced, covering and sealing of interior surfaces of the sash that
encompasses the area of the panes being worked on may be performed in lieu of sealing the
entire sash.
(e) Prior to commencing removal or repair of asbestos-containing glazing compound or
caulk, the exterior and interior window well and sash areas shall be pre-cleaned by
HEPA-vacuuming and/or wet wiping.
(f) Asbestos-containing glazing compound and caulk shall be adequately wet with amended
water prior to removal or repair. All pieces or particles of glazing compound and caulk shall
be removed using a HEPA vacuum and/or using a wet wipe collection method.
(g) The work area, including ground covers and equipment, shall be cleaned of visible
debris at the end of each workday.
(h) Upon completion of the removal of the asbestos-containing glazing compound and/or
caulk, the sash and sill areas shall again be cleaned by HEPA-vacuuming and/or wiped with
a wet sponge or cloth. Polyethylene sheeting (where used) shall be removed from the interior
of the window and disposed of as ACWM in accordance with 310 CMR 7.15(15) through
(18), and the window well shall be cleaned by HEPA-vacuuming and/or wet wiping.
(i) All equipment utilized in the work operation shall be cleaned of visible dust and debris
by HEPA-vacuuming and/or wet wiping prior to removal from the work area. Wet wipes
shall be managed as ACWM.
(j) The tarpaulin or plastic sheeting below the window(s) shall be cleaned of visible dust
and debris by HEPA-vacuuming and/or wet wiping. Dry sweeping shall not be allowed.
Ground covers that are free of visible debris and dust may be reused or disposed as solid
waste in accordance with 310 CMR 19.000: Solid Waste Management.
(k) Barrier tape may be disposed as solid waste in accordance with 310 CMR 19.000: Solid
Waste Management.
(l) If disposable protective clothing is used, it shall be disposed as ACWM in accordance
with 310 CMR 7.15(15) through (18).
(m) Wetted window caulking and glazing and other ACM shall be collected and sealed into
a six mil plastic bag that is placed in a leak-tight container for disposal as ACWM in
accordance with 310 CMR 7.15(15) through (18).
(n) If an entire sash is to be removed and disposed of as ACWM, then the adequately wetted
sash shall be removed intact, wrapped in a minimum of two layers of six mil thick
polyethylene sheeting with all joints and seams sealed with duct tape.
(o) At the conclusion of the work, the work site shall be inspected for paint dust or chip
debris and asbestos-containing glazing compound or caulk. The work area shall be
re-cleaned until no such debris is found.
(p) All waste shall be labeled as ACWM prior to removal from the work area.
(q) Visual inspection of the work area required by 310 CMR 7.15(8) shall be conducted by
a person who has completed the asbestos operations and maintenance projects worker
training specified in 453 CMR 6.00: The Removal, Containment or Encapsulation of
Asbestos.
(r) For activities that disturb friable ACM, no visible emissions shall be discharged to the
outside air during the collection, processing, packaging, or transporting of any ACM or
ACWM.

(12) Requirements for Exterior Asbestos-containing Cementitious Shingles, Siding and Panels.
(a) Asbestos cement shingles, siding and panels shall not be broken, sanded, sawed or
drilled at any time during removal or subsequent handling.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(b) Tarpaulin or plastic sheeting shall be spread on the ground under the areas where the
shingles, siding or panels are being removed. Said tarpaulin or plastic sheeting shall extend
away from the edge of the building and to either side of the work area a sufficient distance
to catch any debris generated by the work operation. Tarpaulin or sheeting shall be cleaned
of accumulated debris no later than the end of each work shift.
(c) Openings on the side of the building where the asbestos abatement activities are taking
place shall be closed or sealed with polyethylene sheeting and duct taped in a manner
sufficient to prevent leakage of dust or debris to interior spaces.
(d) Nails securing shingles shall be cut or pulled to allow intact shingle removal.
Cementitious asbestos-containing shingles, siding and panels shall be removed whole and
intact to the greatest extent feasible. Methods likely to break shingles, siding or panels
during removal shall not be used.
(e) Each panel, siding or shingle shall be adequately wetted with amended water prior to
removal.
(f) Shingles, siding or panels shall be carefully lowered to the ground in a manner to avoid
breakage.
(g) Removed shingles, siding or panels and associated debris shall be containerized in
leak-proof metal, plastic or plastic-lined drums or boxes or wrapped with double thickness
plastic sheeting (six mil minimum thickness each layer) sealed with duct tape no later than
the end of each work shift.
(h) Uncontained asbestos cement shingles, siding or panels shall not be bulk loaded into a
truck, dumpster or trailer for storage, transport or disposal.
(i) For activities that disturb friable ACM, no visible emissions shall be discharged to the
outside air during the collection, processing, packaging or transporting of any ACM or
ACWM.

(12A) Requirements for Underground Asbestos-cement Pipe.

(a) Applicability.
1. The requirements of 310 CMR 7.15(12A)(b) and (d) shall apply only to repair and
replacement of underground asbestos-cement pipe that is owned and/or operated by
public and private utilities (e.g., pipes conveying drinking water, sanitary sewage, storm
water, electricity, and gas). Repair and replacement of all other underground cement pipe
shall comply with the survey requirements at 310 CMR 7.15(4) and the visual inspection
requirements of 310 CMR 7.15(8) if the pipe is found to be ACM.
a. Public and private utility owners/operators of underground asbestos-cement pipe
covered by 310 CMR 7.15(12A) shall comply with all the requirements of 310 CMR
7.15(12A)(b) in lieu of 310 CMR 7.15(4), Survey Requirements.
b. Public and private utility owners/operators of underground asbestos-cement pipe
shall comply with all the requirements of 310 CMR 7.15(12A)(d) in lieu of 310 CMR
7.15(8), Visual Inspection Requirements.
2. All owners/operators shall comply with all the requirements of 310 CMR
7.15(12A)(c) in lieu of 310 CMR 7.15(7)(c) and (e), General Asbestos Abatement Work
Practice Standards, when conducting asbestos abatement activity involving underground
asbestos-cement pipe.
3. All owners/operators shall comply with all other requirements of 310 CMR 7.15
when conducting asbestos abatement activity involving underground asbestos-cement
pipe.
(b) Survey.
1. The public and private utility owner/operator shall thoroughly inspect the facility,
facility component or any part thereof where the demolition or renovation will occur, to
identify the presence, ___location and amount of any asbestos-cement pipe. If the pipe is not
identified as asbestos-cement pipe, the owner/operator shall comply with 310 CMR
7.15(4). The thorough inspection shall be satisfied by one of the following:
a. As-built plans or other documents, reviewed by the owner/operator, identifying
whether particular underground cement pipe or parts thereof that may be affected by
a repair or replacement project is asbestos-cement pipe, provided that the
documentation has been updated to reflect any repairs or alterations; or
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

b. Visual identification conducted by a person who meets the requirements of

310 CMR 7.15(12A)(b)2. through their field observations of the underground
asbestos-cement pipe to be worked on including, but not limited to, the
manufacturer's brand-label markings indicating transite material or the source of the
pipe; or
c. A presumption by the owner/operator that the underground cement pipe is
asbestos-cement pipe.
2. The survey in 310 CMR 7.15(12A)(b)1.b. shall be conducted by a person who has
successfully completed a training course that has been approved in writing by the
Department of Labor Standards, that specifically addresses, at a minimum, underground
asbestos-cement pipe and the survey requirements in 310 CMR 7.15(12A)(b).
3. The person conducting the survey shall document in writing, in a format prescribed
by the Department, the method used to determine whether the cement pipe to be worked
on is an ACM including, but not limited to, identification of specific documents, the
specific features of the pipe that were visually observed and/or other information that was
relied upon to make said determination. Owners/operators shall keep such documenta-
tion at their regular place of business for two years from the date of the survey and
provide it to the Department upon request.
(c) Specific Work Practice Requirements for Underground Asbestos-cement Pipe. Owners/
operators shall ensure the work practice standards listed below are followed:
1. Asbestos-cement pipe shall be handled in a manner that will minimize the risk of
making it friable ACM or releasing asbestos dust into the environment.
2. At the start of work involving asbestos-cement pipe, owners/operators shall ensure
that:
a. The asbestos-cement pipe shall be exposed with minimal disturbance.
b. Mechanical excavation shall not be used within six inches of the asbestos-cement
pipe.
c. The soil within six inches of the asbestos-cement pipe shall be uncovered by hand
or with a shovel.
d. Once the pipe has been exposed, an assessment shall be made before proceeding
to determine whether the asbestos-cement pipe is damaged, cracked or broken to
determine whether the requirements of 310 CMR 7.15(12A)(c)3. or 4. apply to the
asbestos abatement activity.
3. If the assessment shows that the asbestos-cement pipe is intact and not deteriorated:
a. Place six mil (0.006 inch) thick polyethylene sheeting under the asbestos-cement
pipe to prevent soil contamination.
Adequately wet the asbestos-cement pipe with amended water using surfactant
or liquid soap before and during removal to avoid creating airborne dust.
b. Separate the asbestos-cement pipe at the nearest coupling (bell or compression
fitting).
c. Slide the asbestos-cement pipe apart at the joints (no saw cutting) or use other
methods that do not cause the asbestos-cement pipe to break, become friable ACM
or otherwise create the potential to release asbestos fibers.
d. Containerizing the wet asbestos-cement pipe and other debris from the abatement
in accordance with 310 CMR 7.15(7)(f)(3) may be done in the trench or adjacent to
the trench.
e. If the trench is filled with water, the placement of polyethylene sheeting is not
required.
4. If the asbestos-cement pipe is deteriorated or is not intact, or when the use of
mechanical breakage with saws, snap or blade cutting, and/or tapping is necessary:
a. Place six mil (0.006 inch) thick polyethylene sheeting under the asbestos-cement
pipe to prevent soil contamination.
b. Adequately wet asbestos-cement pipe with amended water where cutting or
breaking will occur.
c. Saw cutting of asbestos-cement pipe shall only be conducted with a
HEPA-shrouded vacuum attachment or wet cutting equipment, unless it is conducted
within a small enclosure that isolates the area in which the saw cutting is being
conducted to prevent the release of asbestos fibers to ambient air.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

d. Wrap wet asbestos-cement pipe in two layers of six mil polyethylene sheeting,
seal with duct tape and label (this may be done either in the trench or adjacent to the
trench).
5. For activities that disturb friable ACM, no visible emissions shall be discharged to
the outside air during the collection, processing, packaging or transporting of any ACM
or ACWM.
(d) Visual Inspection. The final visual inspection shall be satisfied by complying with the
following requirements:
1. The visual inspection shall be performed by a person who has successfully completed
a training course, approved in writing by the Department of Labor Standards, that
specifically addresses, at a minimum, underground asbestos-cement pipe and the
requirements of the visual inspection in 310 CMR 7.15(12A)(d).
2. The person conducting the final visual inspection shall:
a. Inspect the work area to ensure there was no visible debris remaining:
i. In the excavation trench;
ii. In soil excavated from the trench;
iii. In the surrounding area adjacent to the trench after the removal of the
asbestos-cement pipe, and
iv. On any tools used during the removal/repair/replacement activities.
b. Ensure that all ACWM has been removed for proper storage/disposal.
3. The person who conducted the final visual inspection shall sign and date the
documentation of the final inspection, in a format provided by the Department, as
evidence that the inspection was performed and that the condition of "no remaining
visible debris" was met. Owners/operators shall keep such documentation at their regular
place of business for two years from the date of final visual inspection and provide it to
the Department upon request.

(13) Work Practice Standards for Asbestos Incidental Maintenance Projects or Work. The
owner/operator of a facility or facility component where an incidental maintenance project or
work is conducted, as defined by 310 CMR 7.15(1), involving the removal or disturbance of
asbestos-containing floor tile, or asbestos-containing gypsum wallboard/joint compound systems
shall ensure that the following general work practice standards are met.
(a) General Work Practice Standards for Incidental Maintenance Projects or Work.
1. Barriers shall be constructed, as necessary, to insure that asbestos-containing dust
released during work activities is contained within the work area. Glove bags,
HEPA-shrouded tools and mini-enclosures are permitted in lieu of constructed barriers.
2. ACM shall be adequately wetted with amended water before it is disturbed, and it
shall be kept adequately wet throughout the asbestos abatement activities until
containerized in accordance with 310 CMR 7.15(7)(f)3.
3. Where ACM is being removed, it shall be removed in an intact state to the greatest
extent feasible.
4. Where power tools are used to cut, chip or abrade an ACM, said power tools shall be
equipped with HEPA-filtered local exhaust attachments specifically manufactured for the
tools being used.
5. Any friable ACM exposed as a result of the asbestos abatement activities shall be
removed or, if in suitable condition, encapsulated.
6. HEPA-vacuuming or wet cleaning shall be used to decontaminate the work area and
any equipment used in the work operation until all surfaces are free of visible debris.
The use of compressed air or dry-sweeping is prohibited.
7. HEPA vacuums shall be emptied and decontaminated in accordance with 310 CMR
7.15(7)(d).
8. All surfaces within the work area shall be visually inspected for dust, debris and other
particulates residue in accordance with 310 CMR 7.15(8). The work area shall be
repeatedly cleaned until there is no visible debris.
(b) Requirements for the Removal of Asbestos Floor Tile as Incidental Maintenance
Projects or Work. Any person conducting an incidental maintenance project or work
involving the removal of floor tile and related mastics shall presume that said materials
contain asbestos, unless the results from an asbestos bulk analysis or manufacturer's
specifications indicate otherwise.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

1. General Requirements:
a. Asbestos floor tile and related mastics being removed shall not be sanded,
dry-swept, dry-scraped, drilled, sawed, abrasive-blasted, mechanically chipped or
pulverized during said removal work.
b. All furniture and other movable objects shall be removed from the work area
before removal begins. All non-movable objects in the work area shall be wrapped
or covered with four mil (0.004 inch minimum) plastic sheeting. Plastic sheet
coverings shall be completely sealed with duct tape or the equivalent.
c. The entire floor surface from which asbestos floor tile is to be removed shall be
vacuumed with a HEPA vacuum prior to removal of the floor tile.
2. Specific Requirements for Removal of Asbestos Floor Tile. In addition to the
General Requirements of 310 CMR 7.15(13)(b)1., the following specific requirements
for the removal of asbestos floor tile shall also be followed:
a. Floor tiles shall be adequately wetted with amended water prior to removal and
kept adequately wet throughout the removal process.
b. Floor tiles shall be individually removed by prying upward with hand scrapers or
similar hand-held tools in a manner which minimizes breakage. Removal with
spud-bars, ice scrapers or similar implements is prohibited. Where tiles do not
readily release from underlying mastic, the removal tool may be struck with a
hammer to facilitate release. Floor tiles shall be removed in an intact state to the
extent feasible.
c. Tile surfaces may be heated with a heat gun or other heat source to soften the
adhesive and facilitate tile removal. Where heat is used to facilitate removal, the
wetting of tile specified in 310 CMR 7.15(13)(b)2.a. may be delayed until after
release of the tile from the floor surface.
d. Removed floor tiles and ACWM within the work area shall be promptly cleaned
up and containerized while still adequately wet. Containerized ACM shall be
removed from the work area at least once each working shift. Waste not containing
components with sharp edges shall be containerized in two plastic bags (six mil
minimum thickness each bag, one inside the other) or in metal, plastic or fiber drums
with locking lids. Floor tile with sharp edges and sharp-edged components likely to
puncture the plastic bags specified above shall be contained in leak-proof metal,
plastic or plastic lined drums or boxes.
e. Following containerization of floor tile and associated debris, the floor surface
shall be HEPA-vacuumed while still wet and then allowed to dry.
f. Immediately after drying, the floor surface shall be HEPA-vacuumed again before
the visual inspection required by 310 CMR 7.15(8) is performed.
(c) Specific Requirements for the Removal or Repair of Asbestos-containing Gypsum
Wallboard and/or Joint Compound. Any person conducting an incidental maintenance
project or work involving the removal of gypsum wallboard and/or joint compound shall
presume that said materials contain asbestos unless the results from an asbestos bulk analysis
or manufacturer's specifications indicate otherwise.
1. Where removal of sections of gypsum wallboard and/or joint compound is required,
said sections shall be removed intact to the greatest extent feasible.
2. Where gypsum wallboard and/or joint compound must be cut to allow removal or
refitting of sections, only the minimum number of cuts necessary to accomplish said
removal or refitting shall be permitted.
3. Manually-operated tools or power tools fitted with HEPA-filtered vacuum
attachments shall be used for the cutting or resurfacing of asbestos-containing gypsum
wallboard and/or joint compound.
4. Where manually-operated tools are used for the cutting or resurfacing of gypsum
wallboard and/or joint compound, the area being cut shall be adequately wetted with
amended water during the cutting operation.
5. Dry sanding of asbestos-containing gypsum wallboard and/or joint compound during
refinishing operations is prohibited; only wet sanding is permitted.
6. Where holes of ½ inch or less in diameter are to be drilled through asbestos gypsum
wallboard and/or joint compound, the area encompassing the hole shall be covered with
a sufficient quantity of shaving foam to catch the generated chips and dust. Where holes
of greater than ½ inch are to be drilled, the area being drilled shall be adequately wetted
with amended water during the drilling operation.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(14) Nontraditional Asbestos Abatement Work Practice Approvals.

(a) A person may apply to the Department to utilize Nontraditional Asbestos Abatement
Work Practices that result in the need to deviate from section(s) of 310 CMR 7.15 if one or
more of the following circumstances or situations occur:
1. Demolition of a facility under an order of a state or local government agency issued
because the facility is structurally unsound and in danger of imminent collapse;
2. Where ACM or ACWM was not accessible for testing and was, therefore, not
discovered until after demolition began and, as a result of the demolition, the material
cannot be safely removed;
3. Where asbestos abatement activity is conducted as part of an emergency renovation
operation;
4. Where asbestos abatement activity is conducted to clean up and decontaminate a
facility or portion of a facility as a result of:
a. asbestos abatement activities not conducted in compliance with 310 CMR 7.15,
or
b. ACM deterioration that, if not immediately attended to, presents a safety or
public health hazard;
5. For a facility that is being renovated, where wetting would unavoidably damage
equipment or present a safety hazard; or
6. Bulk loading ACM and/or ACWM.
(b) A Nontraditional Asbestos Abatement Work Practice Approval, if granted, shall apply
to a specific facility or facility component and shall be nontransferable.
(c) The Department shall, in its sole discretion, only grant a Nontraditional Asbestos
Abatement Work Practice Approval, to the extent and for the duration of time during which
the Department is persuaded that the activities allowed by the approval will:
1. result in no discharge of visible emissions to the outside air;
2. keep ACM and ACWM adequately wet until it is placed and sealed into containers
pursuant to 310 CMR 7.15(15);
3. comply with all other applicable requirements of 310 CMR 7.15; and
4. be consistent with the requirements of the laws and regulations cited in 310 CMR
7.15(2)(b).
(d) Any person applying for a Nontraditional Asbestos Abatement Work Practice Approval
shall submit an application to the Department on a Department approved form. The
application shall include:
1. a description of the need and justification for each requirement of 310 CMR 7.15 for
which a deviation is sought;
2. a description of each nontraditional work practice proposed;
3. a demonstration that the deviations from 310 CMR 7.15 and alternatives proposed
will not cause any visible emissions to the outside air and will not pose significant risk
to public health, safety or the environment;
4. all required information specified in the application form; and
5. any additional information requested by the Department.
(e) The application shall be accompanied by the applicable fee and shall be legible. An
incomplete or illegible application will not be accepted or approved and shall not constitute
compliance with 310 CMR 7.15.

(15) Asbestos-containing Waste Material Packaging Requirements. The owner/operator of a

facility or facility component where any asbestos abatement activity is conducted shall comply
with the following:
(a) Adequately wet ACWM obtained from air cleaning equipment or from removal
operations.
(b) While adequately wet, containerize and seal the ACWM in leak-tight containers.
(c) Label the containers with the following information printed in letters of sufficient size
and contrast so as to be readily visible and legible:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST

Prior to June 1, 2015, the containers may be labeled with the following information in
lieu of the labeling requirements above:

DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD

(d) In addition to the warning label requirement specified in 310 CMR 7.15(15)(c), each
individual container and/or package of ACWM shall be labeled prior to being transported
off the site of generation with the name of the waste generator, the ___location at which the
waste was generated, and the date of generation.
(e) Bulk-loading of ACWM is not permitted without the Department's prior approval of a
Nontraditional Asbestos Abatement Work Practice Application.

(16) Asbestos-containing Waste Material Transport Requirements.

(a) All ACWM shall be containerized pursuant to 310 CMR 7.15(15) prior to being
transported.
(b) All ACWM shall be transported in totally enclosed vehicles or containers that are
designed, constructed, and operated to prevent spills, leaks, or emissions.
(c) All ACWM shall be transported in conformance with 40 CFR Part 61 and applicable US
Department of Transportation, OSHA and state and local regulations.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

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 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

(17) Asbestos-containing Waste Material Storage and Disposal Requirements.

(a) The owner/operator of a facility or facility component where any asbestos abatement
activity is conducted shall ensure that all ACWM generated from any asbestos abatement
activity is properly disposed of at a landfill approved to accept such material. If within
Massachusetts, such sites must be operated in accordance with 310 CMR 19.000: Solid
Waste Management. If outside Massachusetts, such sites must be operated in accordance
with applicable state and federal asbestos and landfill laws and regulations of the receiving
state.
(b) ACWM shall be stored only at:
1. A ___location that is an approved refuse transfer station facility permitted or that is
managing such wastes in accordance with 310 CMR 19.061: Special Waste; and/or
2. The site of generation of the ACWM while the asbestos abatement activity is ongoing
and for up to 30 calendar days after completion of the asbestos abatement activity and
the visual inspection requirements of 310 CMR 7.15(8) are met.
(c) No person shall dispose of ACWM at a ___location that is not a landfill approved to accept
such material. If within Massachusetts, such sites must be operated in accordance with
310 CMR 19.000: Solid Waste Management. If outside Massachusetts, such sites must be
operated in accordance with applicable state and federal asbestos and landfill laws and
regulations of the receiving state.
(d) Intact and unbroken vinyl asbestos tile that is not coated with asbestos-containing mastic
may be disposed of in any landfill permitted by the Department to accept solid waste
pursuant to 310 CMR 19.000: Solid Waste Management.

(18) Waste Shipment Records and Reports.

(a) All ACWM shall be shipped via asbestos waste shipment records on a Department
approved form that includes, but is not limited to, the following information:
1. The name, address and telephone number of the owner/operator of the facility or
dumping ground where asbestos abatement activities have occurred;
2. The quantity and type (friable or non-friable) of the ACWM in cubic meters (cubic
yards) and a description of the container used for shipment;
3. The name, address and telephone number of the person who conducted any asbestos
abatement activity;
4. The name and telephone number of the disposal site operator;
5. The name and physical ___location of the disposal site;
6. The date transported;
7. The name, address, and telephone number of the transporter(s);
8. Certification by the owner/operator of the facility or dumping ground where asbestos
abatement activities have occurred/where asbestos waste was generated that the contents
of each shipment have been characterized, packaged, marked and labeled in accordance
with 310 CMR 7.15;
9. Signature of each transporter confirming the contents of each shipment are in all
respects in the proper condition for transport according to applicable international,
federal, state and local regulations;
10. Signature by the receiving disposal facility confirming that:
a. the quantity of ACWM listed on the waste shipment record is the same as the
quantity accepted for disposal; and
b. it holds appropriate permits and/or authorizations to accept for disposal ACWM
described on waste shipment records; and
11. Such other information as the Department requires.
(b) If a copy of the waste shipment record, signed by the owner/operator of the designated
disposal site, is not received by the owner/operator of the facility or dumping ground where
asbestos abatement activities have occurred/where the ACWM was generated within 35 days
of the date the waste leaves the site of origin, the owner/operator of the facility or dumping
ground where the asbestos abatement activities have occurred and/or where the ACWM was
generated shall contact the transporter and/or operator of the designated disposal site to
determine the status of the waste shipment.
(c) The owner/operator of the facility or dumping ground where the asbestos abatement
activities have occurred and/or where the ACWM was generated shall report, in writing, to
the Department if a copy of the waste shipment record, signed by the owner/operator of the
designated waste disposal site, is not received by the owner/operator of the facility or
dumping ground where the asbestos abatement activities have occurred and/or where the
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.15: continued

ACWM was generated within 45 days of the date the waste was accepted by the initial
transporter. The report shall include the following information:
1. A copy of the waste shipment record for which a confirmation of delivery was not
received; and
2. A cover letter signed by the owner/operator of the facility or dumping ground
explaining the efforts taken to locate the asbestos waste shipment records in accordance
with 310 CMR 7.15. Compliance with the foregoing reporting requirements shall not be
construed to relieve the owner/operator of the facility or dumping ground of the
obligation to maintain waste shipment records in accordance with 310 CMR 7.15.
(d) The owner/operator of the facility or dumping ground where the asbestos abatement
activities have occurred and/or where the ACWM was generated shall report, in writing, to
the Department if the waste shipment record is modified after the date the waste is accepted
by the initial transporter. The report shall include a description of the amendment or
modification together with copies of the waste shipment record before and after amendment
or modification.
(e) The owner/operator of the facility or dumping ground where the asbestos abatement
activities have occurred and/or where the ACWM was generated, the transporter, and the
owner/operator of the designated waste disposal site shall retain a copy of all waste shipment
records, including a copy of the waste shipment record signed by the owner/operator of the
designated waste disposal site, for at least two years. All such parties shall furnish upon
request, and make available for inspection by Department personnel, all records required
under 310 CMR 7.15(18).

(19) General Enforcement Provisions. In addition to the Department's enforcement authority

under M.G.L. c. 111, §§ 142A through O, M.G.L. c. 21A § 16 and other applicable laws and
regulations, the provisions of 310 CMR 7.15 are subject to the enforcement provisions of
310 CMR 7.52.

7.16: U Reduction of Single Occupant Commuter Vehicle Use

(1) Commencing with the effective date of 310 CMR 7.16 each affected facility (except as
provided below) shall diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve a goal of reducing
the number of single occupant commuter vehicles customarily commuting daily to each
employment facility as of its base date by 25% or as adjusted pursuant to 310 CMR 7.16(7):
(a) making available to commuters any pass program offered by the area transit authority,
if any commuter to the facility uses the public transit facilities of such Authority as part of
his daily commuting trip, including making all administrative arrangements for commuters
to purchase the pass and thereby participate in the pass program and encouraging commuters
to participate by such means as publicizing the availability of the pass program and the cost
advantages thereof.
(b) posting in a conspicuous place or places the schedules, rates and routes of every bus
which serves the facility including the services offered by the area transit authority and any
privately or publicly operated services which may exist in the immediate vicinity of the
employer.
(c) providing incentives for bicycle commuting such as secure locking facilities and
removal of restrictive rules against bicycle usage at the facility.
(d) negotiating with authorities in charge of bus lines serving the facility for improved
service to the facility, including providing information on the ___location and density of
employees' residences and commuting times to be used for route planning by local transit
authorities.
(e) conducting a carpooling program (either alone or in cooperation with neighboring
facilities) which:
1. matches on a regularly recurring basis (not less often than once every 12 months) the
names, addresses, and suitable contact information of all commuters who commute in
single-occupant commuter vehicles or carpool to a facility or group of neighboring
facilities and who express interest in carpooling, so that such commuters with similar
daily travel patterns are informed and aware of each other for the purpose of forming
carpools;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.16: continued

2. continuously publicizes the advantages of carpooling, both in terms of savings of fuel

and money and any incentive in effect at the facility;
3. creates incentives for carpool formation by providing persons who carpool with first
call on available parking space or spaces which are closest to entrances to the facility;
and,
4. provides information for carpooling program to prospective and new employees, and
offers new employees the opportunity to participate in such program.
(f) In the case of an employment facility with 1,000 or more employees, implementing a
vanpool program which shall include the following elements:
1. The employer shall:
a. cooperate with a non-profit third-party vanpool program and offer their
employees the opportunity to participate in such a program; or
b. post in a conspicuous place and regularly notify all employees of an outstanding
offer to acquire (by purchase, lease or otherwise), insure and make available to any
group of at least ten employees a van for their use as a vanpool. Such offer, a copy
of which shall be sent to the Secretary at the time of the employer's first updated
report, shall include the procedures by which vanpools are offered and the conditions
upon which the offer is contingent, including acceptance by the prospective driver
of the responsibility for providing regular service, training backup drivers, and
arranging vehicle maintenance, and acceptance by each other member of the
prospective group of responsibility for payment of a pro rata share of all direct costs
(such as rental charge, licensing costs, insurance, tolls, fuel and repair) and indirect
costs (such as depreciation and interest on borrowed funds) of the operation and
maintenance of the vehicle.
c. notify the Secretary when it is learned that ten or more employees are interested
in forming a vanpool.
2. The employer shall analyze and continuously publicize the advantages of vanpooling,
including any resulting cost savings, convenience and any incentives in effect at the
facility. Such incentives shall include providing persons who vanpool with first call on
available parking spaces or spaces which are closest to entrances to the facility.
3. Matching for the vanpool program should be coordinated with the carpool matching
program, to facilitate the formation of vanpools.
Upon reaching such a 25% goal, as stated at the beginning of 310 CMR 7.16, such
employer shall thereafter continue such a program in such a manner as to aim at maintaining
the ratio of single-occupant commuter vehicles to total commuters customarily arriving at
its facility at or below the ratio referred to in 310 CMR 7.16(4)(e). If an employer or
educational institution reaches and thereafter maintains said goal by implementing less than
all the measures in 310 CMR 7.16(1), it shall not be subject to a requirement to implement
the remainder of such measures.
Commencing with the effective date of 301 CMR 7.00 smaller employers shall also
cooperate with MASSPOOL in its efforts to promote and organize mulit-employer
ridesharing activities.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.16: continued

(2) MB. The base date and the date for submittal of the base date report for all existing affected
facilities shall be as provided in 40 CFR 52.1161, June 12, 1975. 310 CMR 7.00 established the
base date for all existing affected facilities as October 1, 1975, except as provided below, and
required a facility with more than 250 commuters to submit at least a base date report to the
Secretary on October 15, 1975. The base date for an affected facility which becomes subject to
the requirements of 310 CMR 7.16 upon its effective date shall be October 15, 1979, except as
provided below. Each employer with a base date of October 15, 1979 shall submit to the
Secretary their base data report for each affected facility by November 15, 1979. The base date
for an affected facility which attains an employment level of 250 or more employees after the
effective date of 310 CMR 7.16 shall be the date six months after it reaches such a level, except
as provided below, and its base date report shall be due on the next date not more than six
months later than is specified for any report or updated report by any existing facility. Where
an employer or educational institution can establish to the satisfaction of the Secretary that a
facility had commenced measures to reduce the number of single-occupant commuter vehicles
customarily arriving daily at an earlier date, the Secretary may approve the use of such earlier
date as the base date for such facility. In lieu of establishing the actual number of such vehicles
on such earlier date, an employer or educational institution may assume for the purpose of
310 CMR 7.16(2) that prior to such earlier date 20% of all commuters to such facility who
arrived by motor vehicle other than mass transit customarily arrived by means other than
single-occupant commuter vehicles.

(3) PV. The base date for all existing affected facilities shall be June 15, 1977, except as
provided below. By June 30, 1977 each employer with a base date of June 15, 1977 shall submit
to the Secretary their base date report for each affected facility. The base date for an affected
facility which becomes subject to the requirements of 310 CMR 7.16 upon its effective date shall
be October 15, 1979, except as provided below. Each employer with a base date of October 15,
1979 shall submit to the Secretary their base date report for each affected facility by November
15, 1979. The base date for an affected facility which attains an employment level of 250 or
more employees after the effective date of 310 CMR 7.00 shall be the date six months after it
reaches such a level, except as provided below, and its base date report shall be due on the next
date not more than six months later than is specified for any report or updated report by an
existing facility. Where an employer or educational institution can establish to the satisfaction
of the Secretary that a facility had commenced measures to reduce the number of single-occupant
commuter vehicles customarily arriving daily at an earlier date, the Secretary may approve the
use of such earlier date as the base date for such facility. In lieu of establishing the actual
number of such vehicles on such earlier date, an employer or educational institution may assume
for the purpose of 310 CMR 7.16(3) that prior to such earlier date 20% of all commuters to such
facility who arrived by motor vehicle other than mass transit customarily arrived by means other
than single-occupant commuter vehicles.

(4) B, CM, MV, SM. The base date for all existing affected facilities shall be October 15, 1979,
except as provided below. By November 15, 1979, each employer shall submit to the Secretary
their base date report for each affected facility. The base date for an employment facility which
attains an employment level of 150 or more employees after the effective date of 310 CMR 7.16
shall be the date six months after it reaches such a level, except as provided below, and its base
date report shall be due on the next date not more than six months later than is specified for any
report or updated report by an existing facility. Where an employer or educational institution can
establish to the satisfaction of the Secretary that a facility had commenced measures to reduce
the number of single-occupant commuter vehicles customarily arriving daily at an earlier date,
the Secretary may approve the use of such earlier date as the base date for such facility. In lieu
of establishing the actual number of such vehicles on such earlier date, an employer or
educational institution may assume for the purpose of 310 CMR 7.16(4) that prior to such earlier
date 20% of all commuters to such facility who arrived by motor vehicle other than mass transit
customarily arrived by means other than single-occupant commuter vehicles.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.16: continued

Each base date report shall be current and include:

(a) The number of commuters who take any means of transportation to such facility as of
its base date.
(b) The number of single-occupant commuter vehicles customarily used daily by commuters
to the facility, the number of commuters who customarily carpool in a private vehicle
carrying two or more occupants, the number of commuters who customarily vanpool in a
vehicle carrying eight or more occupants, the number of commuters who customarily
commute by any means of public transportation, the number of employees who customarily
commute by any other means of travel (taxi, bicycle, etc.).
(c) The total number of vehicles customarily used daily by commuters to the facility as of
the base date.
(d) The percentage which the current number of daily commuters in single-occupant
vehicles is of all daily commuters to the facility.
(e) The percentage derived by taking ¾ of the percentage calculated in 310 CMR 7.16(4)(d).
This percentage will serve as the program goal for individual employers defined as the ratio
of single-occupant commuter vehicles to total daily commuters to the facility.
(f) The number of van type vehicles with eight or more commuters customarily arriving at
the facility.
(g) The type of carpool matching program with a description of materials currently being
used.
(h) The level of participation achieved in the most recent program, including the number
of data cards distributed, and returned, the number of matching lists distributed and the
number of commuters in newly formed carpools.
(i) The type of incentives offered, including parking, flexi-hours and others.
(j) The promotional strategies used to encourage ridesharing with copies of relevant
materials excluding those supplied by MASSPOOL.
(k) The number of vans sponsored.
(l) The number of participants currently enrolled in a prepaid transit pass program, if
applicable.

(5) U. Each affected employer shall annually update its base date report by means of a report
containing:
(a) Updated information called for in 310 CMR 7.16(2) through 7.16(4).
(b) The net change in percentage points between the percentage reported under 310 CMR
7.16(4)(e) as of the base date and that under 310 CMR 7.16(4)(d) as of the date of the current
report.
(c) The net change in percentage points between the percentage reported under 310 CMR
7.16(4)(d) as of the last reporting period and the date of the current report.
(d) A detailed description of all measures which have been taken to reduce the number of
single-occupant commuter vehicles to the facility and the commuter response to such
measures.
The first such annual updated report for affected employers in the Metropolitan Boston Air
Pollution Control District and the Pioneer Valley Air Pollution Control District shall be due on
November 15, 1979, and successively each 12 months. The first such annual updated report for
affected employers in the Berkshire Air Pollution Control District, Central Massachusetts Air
Pollution Control District, Merrimack Valley Air Pollution Control District, and Southeastern
Massachusetts Air Pollution Control District shall be due on November 15, 1980, and
successively each 12 months.

(6) U. Each employer submitting reports required by 310 CMR 7.16(5) shall cause such reports
to be signed as follows:
(a) In the case of a corporation, by a principal executive officer of at least the level of vice
president, or his duly authorized representative, if such representative is responsible for the
overall operation of the facility covered by the reports.
(b) In the case of a partnership, by a general partner.
(c) In the case of a sole proprietorship, by the proprietor.
(d) In the case of an unincorporated association, by the president or the chairman thereof.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.16: continued

(e) In the case of municipal, state, or other public facility, by either a principal executive
officer, ranking elected official, or other fully authorized employee.
Each employer submitting reports required by 310 CMR 7.16(5) shall retain for at least three
years all supporting documents and data upon which each such report was based. Each report
submitted pursuant to 310 CMR 7.16(5) shall be accompanied by an adequate explanation of the
methodology used to gather, complete and analyze the data, the assumptions used in that
analysis, and samples of the forms used to elicit the underlying information from commuters at
the facility.

(7) U. Where the total number of commuters to a particular facility is changed due to
fluctuation in employment between the base date and the date of any report under 310 CMR
7.16(5) such fact shall be reported at the time of the submission of such report. The goal of the
employer having such a change is to attain and maintain the ratio of commuters customarily
arriving at facility daily in single-occupant commuter vehicles to total commuters indicated by
310 CMR 7.16(4)(e).

(8) U. If an employer does not meet and thereafter at all times maintain the reduction specified
under 310 CMR 7.16(2) through 7.16(4) in connection with each report under 310 CMR 7.16(5)
it shall, upon written notification of the Secretary, submit a description of any remedial actions
which it intends to take to meet the requirements of 310 CMR 7.16(2) through 7.16(4).

(9) U. If an employer in good faith diligently and expeditiously implements and thereafter
continuously maintains those measures set forth in 310 CMR 7.16(2) through 7.16(4) as are
applicable to it, it shall not be subject to any enforcement action even though it may fail to
achieve the 25% goal referred to in 310 CMR 7.16(1).

(10) U. Within 60 days after the receipt of the periodic reports required under 310 CMR
7.16(5), the Secretary shall submit to the Department a summary of the information contained
in such reports, including:
(a) A list of all employers in the order of the percentage reduction achieved between the
base dates and the date of the required report.
(b) The total reduction between the respective base dates and the date of the required reports
of the number of single-occupant vehicles customarily used to arrive at all facilities for which
reports were filed.
(c) A list of employers that have not complied with the provisions of 310 CMR 7.16.

7.18: U Volatile and Halogenated Organic Compounds

(1) U Applicability and Handling Requirements.

(a) 310 CMR 7.18 shall apply in its entirety to persons who own, lease, operate or control
any facility which emits volatile organic compounds (VOC).
(b) For purposes of 310 CMR 7.18, except for 310 CMR 7.18(30), VOC shall include both
VOC as defined in 310 CMR 7.00 and Halogenated Organic Compounds (HOC) as defined
in 310 CMR 7.00.
(c) On or after July 1, 1980 any person owning, leasing, operating, or controlling a facility
regulated under 310 CMR 7.18, shall store and dispose of volatile organic compounds in a
manner which will minimize evaporation to the atmosphere. Proper storage shall be in a
container with a tight fitting cover. Proper disposal shall include incineration in an
incinerator approved by the Department, transfer to another person licensed by the
Department to handle VOC, or any other equivalent method approved by the Department.
(d) Any person who owns, leases, operates, or controls a facility which is or becomes
subject to 310 CMR 7.18, except for those persons solely subject to 310 CMR 7.18(30)
unless the facility is a CTG-affected facility as defined in 310 CMR 7.18(30)(b), shall
continue to comply with all requirements of 310 CMR 7.18, even if emissions from the
subject facility no longer exceed applicability requirements of 310 CMR 7.18.
(e) Any person not regulated by 310 CMR 7.18, prior to August 15, 1989 shall achieve
compliance with the applicable section(s) of 310 CMR 7.18 by August 15, 1990.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(f) Any person who, since January 1, 1990, obtains a plan approval for an emission unit
under 310 CMR 7.02 where said approval establishes BACT or LAER to be no less stringent
than RACT for a facility size and type as defined in 310 CMR 7.18 shall comply with the
BACT or LAER established in the plan approval, and is not subject to RACT standards of
310 CMR 7.18 as may otherwise be applicable, until the applicable RACT standards of
310 CMR 7.18 become more stringent than the BACT or LAER established in the plan
approval, at which point the person shall become subject to the updated RACT standards.
(g) Any person who complies with 310 CMR 7.03 in lieu of obtaining a plan approval for
an emission unit under 310 CMR 7.02 shall comply with applicable RACT requirements of
310 CMR 7.18 when such requirements become more stringent than those in 310 CMR 7.03.
(h) Any person who complies with 310 CMR 7.26 shall comply with applicable RACT
requirements of 310 CMR 7.18 when such requirements become more stringent than those
in 310 CMR 7.26.

(2) U Compliance with Emission Limitations.

(a) Any person subject to 310 CMR 7.18 shall maintain continuous compliance with all
requirements of 310 CMR 7.18. Except as provided for in 310 CMR 7.18(2)(b) and (g),
compliance is based on the control method selected to meet the applicable emission
limitations specified in 310 CMR 7.18, and EPA test methods as codified in 40 CFR Part 60,
or other methods approved by the Department and EPA, and are as follows:

Compliance or Control Method EPA Reference Test Method (or Test Method Sampling
other as indicated) Duration
Volatile organic compound leak
21 as specified in Test Method
detection
Coatings, Inks and Related
24, 24A instantaneous grab sample
Materials Formulation
18 as specified in Test Method
Exhaust measurement except 25, 25A, 25B,
carbon adsorption three hours (as three, one hour
California Air Resources Board
runs)
(CARB) Method 100
18 as specified in Test Method
the length on the adsorption
Carbon adsorption
25 or other as appropriate cycle or 24 hours, whichever is
less.

(b) Any person proposing to comply with the requirements of 310 CMR 7.18 by emissions
averaging is subject to the requirements of 310 CMR 7.00: Appendix B(4).
(c) Any person regulated under 310 CMR 7.18(14), (15), or (16), who cannot comply with
the emission limitations contained therein through the use of add-on controls and/or low/no
solvent coatings, shall apply to the Department by January 1, 1987 for an alternative
emission limitation which reflects the application of source specific Reasonably Available
Control Technology. Any alternative emission limitation provided for by 310 CMR 7.18
must also be approved by EPA. An applicant for an alternative RACT shall:
1. demonstrate to the Department that it is not technologically and economically
feasible for that person to comply with the applicable emission limitation; and
2. determine an emission limitation which reflects the application of Reasonably
Available Control Technology;
Any person granted such an emission limitation shall:
3. re-evaluate, on a biennial basis (every two years), the emission limitation to reflect
current application of Reasonably Available Control Technology and to confirm that the
RACT emission limitation contained in 310 CMR 7.18(14) through (16) is still
technologically and economically infeasible.
(d) The Department encourages any person owning, leasing, operating, or controlling a
facility regulated under 310 CMR 7.18 to reduce the emissions of volatile organic
compounds through the use of compounds which present less of a burden to the air, water
and land, and which do not increase public health impacts.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(e) Any person owning, leasing, operating, or controlling a facility using air pollution
capture and control equipment to comply with 310 CMR 7.18 shall continuously monitor and
maintain records on the following parameters:
1. for a thermal incinerator; the combustion temperature measured in °F;
2. for a catalytic incinerator: the exhaust gas temperature (°F), the temperature rise
across the catalyst bed (°F), and the date the catalyst was most recently replaced or
changed;
3. for a condenser or refrigeration system; the inlet temperature of the cooling medium
(°F), and the exhaust gas temperature (°F);
4. for a carbon adsorbers; the pressure drop across the adsorber, and the exhaust gas
VOC concentration;
5. for emissions capture and control equipment not otherwise listed; any requirements
specified by the Department in any approval(s) or order(s).
(f) Exemption for Coatings Used in Small Amounts. For any person who owns, leases,
operates or controls a facility with coating line(s) subject to 310 CMR 7.18, except for
310 CMR 7.18(30), the emissions of VOC from any coatings used in small amounts at that
facility are exempt from the emission limitations of the particular section, provided the
person satisfies the following conditions:
1. the total amount of all coatings exempted does not exceed 55 gallons on a rolling 12-
month period at the facility; and,
2. the person notifies the Department that this exemption is being used 30 days prior to
its first use; and
3. the person identifies in such notice the coatings which will be covered by this
exemption; and,
4. the person complies with the recordkeeping and testing requirements of the particular
section.
(g) Daily Weighted Averaging. Any person who owns, leases, operates or controls a
coating line subject to 310 CMR 7.18, with the exception of coating lines subject to
310 CMR 7.18(24) or (28), may comply with the VOC emission limitations of the applicable
section of 310 CMR 7.18 through the use of a daily-weighted average on an individual
coating line, provided the person meets the following conditions:
1. the daily-weighted average for each coating line, each day, complies with the
applicable emission limitation in 310 CMR 7.18 with no cross-line averaging allowed;
and,
2. the coating line using a daily-weighted average to determine compliance does not use
any emissions capture and control equipment for the compliance determination; and,
3. prior to being used, the exact method of measuring and determining compliance on
a daily-weighted average basis is approved by the Department in an emissions control
plan submitted under 310 CMR 7.18(20); and,
4. records kept to determine compliance on a daily-weighted average basis are kept at
the facility for a period of five years, and made available to the Department or EPA on
request; and,
5. the daily-weighted average for each coating line, with the exception of coating lines
subject to 310 CMR 7.18(26) is calculated according to the following equation:

where:

VOCw = the daily-weighted average VOC content of the coatings used each day on each
coating line in units of pounds of VOC per gallon of solids as applied;
n = the number of different coatings applied, each day on a coating line;
Vi = the volume of solids as applied for each coating, each day, on each coating line, in
units of gallons of solids as applied;
Ci = the VOC content for each coating, each day, on each coating line in units of pounds
of VOC per gallons of solids as applied; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

VT = the total volume of solids as applied, each day on each coating line.
6. For coating lines subject to 310 CMR 7.18(26): Textile Finishing, the daily weighted
average for each coating line is calculated according to the following equation:

where:

VOCWM = the daily-weighted average VOC content of the coatings used each day on each
coating line in units of pounds of VOC per pound of solids, as applied;
n = the number of different coatings applied each day on a coating line;
Mi = the mass of solids as applied for each coating, each day, on each coating line, in units
of pounds of solids as applied;
Ci = the VOC content of the coatings used, each day, on each coating line in units of
pounds of VOC per pounds of solids, as applied;
MT = the total mass of solids as applied, each day on each coating line.
Coating usage may be averaged, providing the units in the equation are the same as the
units that are used in the section of 310 CMR 7.18 that applies to the coatings included
in the daily average. Only coatings subject to the same emissions standard may be
averaged together.

(h) Emission Reduction Credits (ERCs). Any facility may comply, either in part or entirely,
with the applicable emission standard contained in 310 CMR 7.18 through the use of
emission reduction credits (ERCs) certified by the Department pursuant to 310 CMR 7.00:
Appendix B(3), provided that the requirements of 310 CMR 7.00: Appendix B(3)(e) are met
prior to use of said ERCs.

(3) U Metal Furniture Surface Coating.

(a) Applicability.
1. On or after January 1, 1980, and prior to March 9, 2020, no person who owns, leases,
operates, or controls a metal furniture surface coating line, which emits, before any
application of air pollution control equipment, in excess of 15 pounds per day of volatile
organic compounds (VOC), shall cause, suffer, allow or permit emissions in excess of
the requirements of 310 CMR 7.18(3)(d)1. Such person shall also comply with 310 CMR
7.18(3)(g) through (i).
2. On or after March 9, 2020, any person who owns, leases, operates, or controls metal
furniture surface coating operations and related cleaning operations which emit, 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 shall comply with 310 CMR 7.18(3)(c), (d)2., (e),
and (g) through (i).
3. On or after March 9, 2018, any person who owns, leases, operates, or controls metal
furniture surface coating operations and related cleaning operations which emit, before
any application of add-on air pollution capture and control equipment, equal to or greater
than 15 pounds of VOC per day, in the alternative, equal to or greater than three tons of
VOC per rolling 12-month period shall comply with the work practices of 310 CMR
7.18(3)(f) for coating and cleaning operations.
(b) Exemptions.
1. The requirements of 310 CMR 7.18(3)(d)2. and 3. do not apply to:
a. stencil coatings;
b. safety-indicating coatings;
c. solid-film lubricants;
d. electric-insulating and thermal-conducting coatings;
e. touch-up coatings;
f. repair coatings; or
g. coating application utilizing hand-held aerosol cans.
2. The requirements of 310 CMR 7.18(3)(e) do not apply to:
a. touch-up coatings;
b. repair coatings; or
c. coating application utilizing hand-held aerosol cans.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(c) Extensions. Any person subject to 310 CMR 7.18(3)(a)2. may apply in writing to the
Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(3)(a)2. by complying with 310 CMR 7.18(3)(g). The Department will consider a
nonrenewable extension of the deadline in 310 CMR 7.18(3)(a)2. for persons applying under
310 CMR 7.18(3)(c) until no later than March 9, 2021, provided the emission control plan
submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition to
those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(3)(d).
(d) Reasonably Available Control Technology Requirements.
1. Any person subject to 310 CMR 7.18(3)(a)1. shall not exceed a limitation of 5.1
pounds of VOC per gallon of solids applied.
2. Any person subject to 310 CMR 7.18(3)(a)2. shall limit VOC emissions by using
only coatings having a VOC content no greater than the emission limitations listed in
Tables 310 CMR 7.18(3)(d)2.a. (low-VOC coatings to meet the mass of VOC per
volume of coating less water and exempt compounds, as-applied, limits) or b. (low-VOC
coatings or a combination of coatings and add-on control equipment on a coating unit to
meet the mass of VOC per volume of coating solids limits) or by complying with the
requirement in 310 CMR 7.18(3)(d)3. If a coating can be classified in more than one
coating category in 310 CMR 7.18(3)(d)2., then the least stringent coating category
limitation shall apply.

Table 310 CMR 7.18(3)(d)2.a.

RACT Emission Limitations for Metal Furniture Surface Coating
Mass of VOC per volume of coating less water and exempt
compounds, as applied
Baked Air-dried
Coating Category kg/l coating lb/gal coating kg/l coating lb/gal coating
General, One Component 0.275 2.3 0.275 2.3
General, Multi-component 0.275 2.3 0.340 2.8
Extreme High Gloss 0.360 3.0 0.340 2.8
Extreme Performance 0.360 3.0 0.420 3.5
Heat Resistant 0.360 3.0 0.420 3.5
Metallic 0.420 3.5 0.420 3.5
Pretreatment Coatings 0.420 3.5 0.420 3.5
Solar Absorbent 0.360 3.0 0.420 3.5

Table 310 CMR 7.18(3)(d)2.b.

RACT Emission Limitations for Metal Furniture Surface Coating
Mass of VOC per volume of coating solids, as applied
Baked Air-dried
Coating Category kg/l solids lb/gal solids kg/l solids lb/gal
solids
General, One Component 0.40 3.3 0.40 3.3
General, Multi-component 0.40 3.3 0.55 4.5
Extreme High Gloss 0.61 5.1 0.55 4.5
Extreme Performance 0.61 5.1 0.80 6.7
Heat Resistant 0.61 5.1 0.80 6.7
Metallic 0.80 6.7 0.80 6.7
Pretreatment Coatings 0.80 6.7 0.80 6.7
Solar Absorbent 0.61 5.1 0.80 6.7
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

3. Any person may achieve an overall VOC control efficiency of at least 90% by weight
using add-on air pollution capture and control equipment instead of complying with the
requirements of 310 CMR 7.18(3)(d)2.
(e) Application Methods. Unless complying with 310 CMR 7.18(3)(a)2. by means of
310 CMR 7.18(3)(d)3., all coatings shall be applied using one or more of the following:
1. electrostatic spray application;
2. HVLP spray;
3. flow coat;
4. roller coat;
5. dip coat, including electrodeposition;
6. airless spray;
7. air-assisted airless spray; or
8. a coating application method capable of achieving a transfer efficiency equivalent to
or greater than that achieved by HVLP, as approved by EPA.
(f) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(3) shall comply with the work practices of 310 CMR 7.18(31)(e).
(g) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(3)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(3)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(3)(a)2. who chooses to apply for an extension
under 310 CMR 7.18(3)(c) shall comply with 310 CMR 7.18(20).
(h) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(3)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR
7.18(2). Records kept to demonstrate compliance shall be kept on site for five years and
shall be made available to representatives of the Department and EPA in accordance with the
requirements of an approved compliance plan or upon request. Such records shall include,
but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) or order(s)
issued to the person.
(i) Testing Requirements. Any person subject to 310 CMR 7.18(3)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(3). Testing shall be conducted in accordance with EPA Method 24 or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(4) U Metal Can Surface Coating.

(a) On or after January 1, 1980, no person who owns, leases, operates, or controls a metal
can coating line, which emits, before any application of air pollution control equipment, in
excess of 15 pounds per day of volatile organic compounds (VOC), shall cause, suffer, allow
or permit emissions therefrom in excess of the emission limitations set forth in 310 CMR
7.18(4)(b).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(b) Emission Limitations Metal Can Surface Coating.

Emission Source Emission Limitation in pounds

of volatile organic compounds
per gallon of solids applied

Sheet base coat (exterior and 4.5

interior and exterior overvarnish)

Two-piece can exterior (basecoat and overvarnish) 4.5

Two and Three-piece can (interior body spray) 9.8

Two-piece can exterior end (spray or roll coat) 9.8

Three-piece can side seam spray 21.8

End sealing compound 7.4

(c) Any person subject to 310 CMR 7.18(4)(a) shall maintain continuous compliance at
all times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations of
transfer efficiency.
(d) Any person subject to 310 CMR 7.18(4)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed;
6. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(e) Persons subject to 310 CMR 7.18(4)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in
accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or
by other methods approved by the Department and EPA.

(5) U Large Appliance Surface Coating.

(a) Applicability.
1. On or after January 1, 1980, and prior to March 9, 2020, no person who owns, leases,
operates, or controls a large appliance surface coating line, which emits, before any
application of air pollution control equipment, in excess of 15 pounds per day of volatile
organic compounds (VOC), shall cause, suffer, allow or permit emissions in excess of
the requirements of 310 CMR 7.18(5)(d)1. Such person shall also comply with
310 CMR 7.18(5)(g) through (i).
2. On or after March 9, 2020, any person who owns, leases, operates, or controls large
appliance surface coating operations and related cleaning operations which emit, 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 shall comply with 310 CMR 7.18(5)(c), (d)2., (e),
and (g) through (I).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

3. On or after March 9, 2018, any person who owns, leases, operates, or controls large
appliance surface coating operations and related cleaning operations which emit, 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 shall comply with the work practices of 310 CMR
7.18(5)(f) for coating and cleaning operations.
(b) Exemptions.
1. The requirements of 310 CMR 7.18(5)(d)2. and 3. do not apply to:
a. stencil coatings;
b. safety-indicating coatings;
c. solid-film lubricants;
d. electric-insulating and thermal-conducting coatings;
e. touch-up coatings;
f. repair coatings; or
g. coating application utilizing hand-held aerosol cans.
2. The requirements of 310 CMR 7.18(5)(e) do not apply to:
a. touch-up coatings;
b. repair coatings; or
c. coating application utilizing hand-held aerosol cans.
(c) Extensions. Any person subject to 310 CMR 7.18(5)(a)2. may apply in writing to the
Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(5)(a)2. by complying with 310 CMR 7.18(5)(g). The Department will consider a
nonrenewable extension of the deadline in 310 CMR 7.18(5)(a)2. for persons applying under
310 CMR 7.18(5)(c) until no later than March 9, 2021, provided the emission control plan
submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition to
those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(5)(d).
(d) Reasonably Available Control Technology Requirements.
1. Any person subject to 310 CMR 7.18(5)(a)1. shall not exceed a limitation of 4.5
pounds of VOC per gallon of solids applied.
2. Any person subject to 310 CMR 7.18(5)(a)2. shall limit VOC emissions by using
only coatings having a VOC content no greater than the emission limitations listed in
Tables 310 CMR 7.18(5)(d)2.a. (low-VOC coatings to meet the mass of VOC per
volume of coating less water and exempt compounds, as-applied, limits) or b. (low-VOC
coatings or a combination of coatings and add-on control equipment on a coating unit to
meet the mass of VOC per volume of coating solids limits) or by complying with the
requirement in 310 CMR 7.18(5)(d)3. If a coating can be classified in more than one
coating category in 310 CMR 7.18(5)(d)2., then the least stringent coating category
limitation shall apply.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(5)(d)2.a.

RACT Emission Limitations for Large Appliance Surface Coating
Mass of VOC per volume of coating less water and exempt
compounds, as applied
Baked Air - Dried
Coating Category kg/l coating lb/gal coating kg/l coating lb/gal coating
General, One Component 0.275 2.3 0.275 2.3
General, Multi-Component 0.275 2.3 0.340 2.8
Extreme High Gloss 0.360 3.0 0.340 2.8
Extreme Performance 0.360 3.0 0.420 3.5
Heat Resistant 0.360 3.0 0.420 3.5
Metallic 0.420 3.5 0.420 3.5
Pretreatment Coatings 0.420 3.5 0.420 3.5
Solar Absorbent 0.360 3.0 0.420 3.5

Table 310 CMR 7.18(5)(d)2.b.

RACT Emission Limitations for Large Appliance Surface Coating
Mass of VOC per volume of coating solids, as applied
Baked Air - Dried
Coating Category kg/l solids lb/gal solids kg/l solids lb/gal
solids
General, One Component 0.40 3.3 0.40 3.3
General, Multi-Component 0.40 3.3 0.55 4.5
Extreme High Gloss 0.61 5.1 0.55 4.5
Extreme Performance 0.61 5.1 0.80 6.7
Heat Resistant 0.61 5.1 0.80 6.7
Metallic 0.80 6.7 0.80 6.7
Pretreatment Coatings 0.80 6.7 0.80 6.7
Solar Absorbent 0.61 5.1 0.80 6.7

3. Any person may achieve an overall VOC control efficiency of at least 90% by weight
using add-on air pollution capture and control equipment instead of complying with the
requirements of 310 CMR 7.18(5)(d)2.
(e) Application Methods. Unless complying with 310 CMR 7.18(5)(a)2. by means of
310 CMR 7.18(5)(d)3., all coatings shall be applied using one or more of the following:
1. electrostatic spray application;
2. HVLP spray;
3. flow coat;
4. roller coat;
5. dip coat, including electrodeposition;
6. airless spray;
7. air-assisted airless spray; or
8. a coating application method capable of achieving a transfer efficiency equivalent to
or greater than that achieved by HVLP, as approved by EPA.
(f) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(5) shall comply with the work practices of 310 CMR 7.18(31)(e).
(g) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(5)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(5)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(5)(a)2. who chooses to apply for an extension
under 310 CMR 7.18(5)(c) shall comply with 310 CMR 7.18(20).
(h) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(5)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR
7.18(2). Records kept to demonstrate compliance shall be kept on site for five years and
shall be made available to representatives of the Department and EPA in accordance with the
requirements of an approved compliance plan or upon request. Such records shall include,
but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) or order(s)
issued to the person.
(i) Testing Requirements. Any person subject to 310 CMR 7.18(5)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(5). Testing shall be conducted in accordance with EPA Method 24 or Method
25 as described in CFR Title 40 Part 60, or by other methods approved by the Department
and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(6) U Magnet Wire Insulation Surface Coating.

(a) On or after January 1, 1980, no person who owns, leases, operates, or controls a magnet
wire insulation coating line, which emits, before any application of air pollution control
equipment, in excess of 15 pounds per day of volatile organic compounds, shall cause, suffer,
allow or permit emissions therefrom in excess of 2.2 pounds of volatile organic compounds
per gallon of solids applied.
(b) Any person subject to 310 CMR 7.18(6)(a) shall maintain continuous compliance at all
times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations
of transfer efficiency.
(c) Any person subject to 310 CMR 7.18(6)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed;
6. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(d) Persons subject to 310 CMR 7.18(6)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in accordance
with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or by other
methods approved by the Department and EPA.

(7) U Automobile Surface Coating. (Reserved)

(8) U Solvent Metal Degreasing.

(a) Cold Cleaning Degreasing. On or after September 6, 2009, no person owning,
operating, leasing or controlling any solvent metal degreasing facility which utilizes a cold
cleaning degreaser (that is able to contain more than one liter of solvent) shall cause, suffer,
allow or permit emissions of volatile organic compounds therefrom unless they comply with
the requirements in 310 CMR 7.18(8)(a)1. through 3.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1. The solvent used in a cold cleaning degreaser shall have a vapor pressure that does
not exceed 1.0 mm Hg measured at 20/C. This requirement shall not apply to any of the
following:
a. cold cleaning degreasers used in special and extreme solvent metal cleaning;
b. cold cleaning degreasers for which the owner or operator has received
Department approval of a demonstration that compliance with the requirement to use
a solvent with a vapor pressure of 1.0 mm Hg or less at 20/C will result in unsafe
operating conditions;
c. cold cleaning degreasers that are located in a permanent total enclosure having
control equipment that is designed and operated with an overall VOC control
efficiency of 90% or greater; and
d. cold cleaning degreasers used in the cleaning of high precision products for
which the owner or operator has received Department and EPA approval.
2. Any leaks shall be repaired immediately, or the degreaser shall be shut down.
3. The following requirements shall apply unless the cold cleaning degreaser is a sink-
like work area with a remote solvent reservoir with an open drain area less than 100
square centimeters:
a. Each cold cleaning degreaser is equipped with a cover that is designed to be
easily operated with one hand;
b. Each cold cleaning degreaser is equipped to drain clean parts so that, while
draining, the cleaned parts are enclosed for 15 seconds or until dripping ceases,
whichever is longer;
c. Each cold cleaning degreaser is designed with:
i. a freeboard ratio of 0.75 or greater; or
ii. a water blanket (only if the solvent used is insoluble in and heavier than
water); or
iii. an equivalent system of air pollution control which has been approved by the
Department and EPA;
d. The covers of each cold cleaning degreaser are closed whenever parts are not
being handled in the degreaser, or when the degreaser is not in use; and
e. The drafts across the top of each cold cleaning degreaser are minimized such that
when the cover is open the degreaser is not exposed to drafts greater than 40 meters
per minute (1.5 miles per hour), as measured between one and two meters upwind at
the same elevation as the tank lip.
(b) Vapor Degreasing. On or after December 31, 1980 no person owning, leasing operating
or controlling a solvent metal degreasing facility which utilizes a vapor degreaser shall cause,
suffer, allow or permit emissions therefrom unless:
1. each vapor degreaser is equipped with a cover designed to be easily operated in
manner which will not disturb the vapor zone; and
2. each vapor degreaser is covered except when work loads are being loaded, unloaded
or degreased in the degreaser; and
3. each vapor degreaser is equipped with the following safety switches which are
maintained and operated in accordance with the recommendations of the manufacturer:
a. a switch designed to shut off the heating source for the sump if the condenser
coolant is either not circulating, or the solvent vapor level has risen above the
primary coil; and
b. a switch designed to shut off the spray pump if the solvent vapor level drops more
than ten centimeters (four inches) below the lowest condensing coil; and
4. at least one of the following devices has been installed on each vapor degreaser, and
that device is maintained and operated in accordance with the recommendations of the
manufacturer:
a. a freeboard ratio equal to or greater than 0.75 and, a power cover, if the degreaser
opening is greater than one square meter (ten square feet); or,
b. a refrigerated chiller; or,
c. an enclosed design whereby the cover is open only when the dry part is entering
or exiting the vapor degreaser; or
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

d. an adsorption system with ventilation greater than or equal to 15 cubic meters per
minute per square meter (50 cubic feet per minute per square foot) of air/vapor area
(determined when the degreaser's cover is open) which exhausts less than 25 parts per
million of solvent by volume averaged over one complete adsorption cycle or 24
hours whichever is less; or,
e. any other device, demonstrated to have a control efficiency equal to or greater
than any of the above, approved by the Department and EPA; and,
5. solvent carry out from each vapor degreaser is minimized by:
a. racking parts to allow for complete drainage; and,
b. moving parts in and out of the degreaser at less than 3.3 meters per minute (11
feet per minute); and,
c. holding the parts in the vapor zone for 30 seconds or until condensation ceases,
whichever is longer; and,
d. tipping out any pools of solvent on the cleaned parts before removal from the
vapor zone; and,
e. allowing parts to dry within the degreaser for 15 seconds or until visually dry,
whichever is longer; and,
6. no porous or absorbent material, such as, but not limited to cloth, leather, wood or
rope is placed in the vapor degreaser; and,
7. less than half of the degreaser's open top area is occupied with a workload; and,
8. each degreaser is operated so that the vapor level does not drop more than ten
centimeters (four inches) when the workload is removed from the vapor zone; and,
9. operators always spray within the vapor zone; and,
10. liquid leaks in each vapor degreaser are repaired immediately, or the degreaser is
shut down; and,
11. each degreaser is operated so as to prevent water from being visually detected in the
solvent exiting the water separator; and,
12. each degreaser is located and operated in such a manner that it is not exposed to
drafts greater than 40 meters per minute (131 feet per minute) as measured between one
and two meters upwind at the same elevation as the tank lip, nor is it provided with an
exhaust ventilation system which exceeds 20 cubic meters per minute per square meter
(65 cubic feet per minute per square foot) of vapor degreaser open area, unless such an
exhaust ventilation system is necessary to meet OSHA requirements; and,
13. the cover is located below the lip exhaust, if the vapor degreaser is equipped with
a lip exhaust.
(c) Conveyorized Degreasing. On or after December 31, 1980 no person who owns, leases,
operates or controls a solvent metal degreasing facility which utilizes a conveyorized
degreaser shall cause, suffer, allow or permit emissions therefrom, unless:
1. at least one of the following devices has been installed on each conveyorized
degreaser with an air/vapor interface greater than 21.5 square feet, and that device is
maintained and operated in accordance with the recommendations of the manufacturer:
a. a refrigerated chiller; or,
b. an adsorption system with ventilation greater than or equal to 15 cubic meters per
minute per square meter (50 cubic feet per minute per square foot) of air/vapor area
(determined when the degreaser's downtime covers are open) which exhausts less
than 25 parts per million of solvent by volume averaged over one complete
adsorption cycle or 24 hours whichever is less; or,
c. any other device, demonstrated to have a control efficiency equal to or greater
than any of the above, approved by the Department and EPA; and,
2. each conveyorized degreaser is designed and operated to prevent cleaned parts from
carrying out the solvent liquid or vapor, for example equipping the degreaser with a
drying tunnel or rotating (tumbling) basket; and
3. each conveyorized degreaser is equipped with the following safety switches which
are maintained and operated in accordance with the recommendations of the
manufacturer:
a. a switch designed to shut off the heating source for the sump if the condenser
coolant is either not circulating, or if the solvent vapor level has risen above the
primary coil; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

b. a switch designed to shut off the spray pump or the conveyor if the solvent vapor
level drops more than ten centimeters (four inches) below the lowest condensing coil;
and
4. the openings of each conveyorized degreaser are minimized during operation such
that average clearance at the entrances and exits of the degreaser between the workloads
and the edge of the degreaser opening is less than ten centimeters (four inches) or 10%
of the width of the opening; and,
5. covers are placed over the entrances and exits of each conveyorized degreaser
immediately after the conveyors and exhausts are shut down, and the covers are left in
place until just prior to start-up; and,
6. solvent carry out from each conveyorized degreaser is minimized by:
a. racking parts to allow for complete drainage; and,
b. maintaining the vertical conveyor speed at less than 3.3 meters per minute (11
feet per minute); and,
7. leaks in each conveyorized degreaser are repaired immediately, or the degreaser is
shutdown; and,
8. each conveyorized degreaser is operated so as to prevent water from being visually
detected in solvent exiting the water separator; and,
9. no conveyorized degreaser is provided with an exhaust ventilation system which
exceeds 20 cubic meters per minute per square meter (65 cubic feet per minute per square
foot) of vapor degreaser open area, unless such an exhaust ventilation system is necessary
to meet OSHA requirements; and,
(d) Aqueous Cleaning: any aqueous cleaner in which all the following conditions are
satisfied is exempt from the requirements of 310 CMR 7.18(8)(a) through (c):
1. 1. All organic material in the cleaning fluid is water soluble; and
2. The cleaning fluid contains no more than 5% by weight organic material, excluding
soaps.
(e) On or after December 31, 1980 any person subject to 310 CMR 7.18(8)(a), (b), or (c)
shall operate any solvent metal degreaser using procedures which minimize evaporative
emissions and prohibit spills from the use of said degreaser. Such procedures include but are
not limited to:
1. notification to operators of the performance requirements that must be practiced in
the operation of the degreaser, including the permanent and conspicuous posting of labels
in the vicinity of the degreaser detailing performance requirements; and
2. storage of waste degreasing solvent in closed containers, and disposal or transfer of
waste degreasing solvent to another party, in a manner such that less than 20% of the
waste degreasing solvent by weight can evaporate into the atmosphere; and
3. where applicable, supplying a degreasing solvent spray which is a continuous fluid
stream (not a fine, atomized or shower type spray) at a pressure which does not exceed
ten pounds per square inch as measured at the pump outlet, and use any such spray within
the confines of the degreaser, except for cleaning of high precision products, for which
such person has received Department and EPA approval to use spray operations with
non-continuous fluid stream or pressure greater than ten pounds per square inch,
provided that such person shall:
a. Limit the amount of solvent consumed in such spray operations at the premises
to less than 3,000 gallons in any 12-month period, excluding solvent captured and
recycled on-site;
b. Use a solvent with a VOC content less than 7.7 pounds per gallon in such
operations; and
c. Prepare and maintain records sufficient to demonstrate compliance with
310 CMR 7.18(8)(e)3.a. and b. Records to demonstrate compliance shall be kept on
site for five years and shall be made available to representatives of the Department
and EPA in accordance with the requirements of an approved compliance plan or
upon request.
(f) Any person subject to 310 CMR 7.18(8)(a), (b), or (c) shall maintain instantaneous and
continuous compliance at all times.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(g) Any person subject to 310 CMR 7.18(8)(a), (b), (c) or (d) shall prepare and maintain
daily records sufficient to demonstrate continuous compliance. Records kept to demonstrate
compliance shall be kept on site for five years and shall be made available to representatives
of the Department and EPA in accordance with the requirements of an approved compliance
plan or upon request. Such records shall include, but are not limited to:
1. identity, quantity, formulation and density of solvent(s) used;
2. quantity, formulation and density of all waste solvent(s) generated;
3. actual operational and performance characteristics of the degreaser and any
appurtenant emissions capture and control equipment, if applicable; and
4. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(h) Persons subject to 310 CMR 7.18(8) shall, upon request by the Department, perform or
have performed tests to demonstrate compliance. Testing shall be conducted in accordance
with a method approved by the Department and EPA.

(9) U Cutback Asphalt.

(a) On or after May 1, 1982, no person using asphalt shall cause, suffer, allow or permit the
use or application of cutback asphalt for paving purposes.
(b) 310 CMR 7.18(9)(a) shall not apply to any of the following:
1. Cutback asphalt usage from October 1 through April 30.
2. Cutback asphalt used as a penetrating prime coat.
3. Storage or stockpiling of patching mixes used in pavement maintenance for a time
period greater than one month.
4. Cutback asphalt of which less than 5% by weight of the total solvent evaporates at
a temperature up to and including 500°F as determined by ASTM Method D402,
Distillation of Cutback Asphalt Products.
(c) Any person subject to 310 CMR 7.18(9)(a) shall demonstrate continuous compliance
consistent with an instantaneous averaging period.
(d) Persons using cutback asphalt shall keep records to satisfy the requirements of 310 CMR
7.18(9)(c) and said records shall be made available to representatives of the Department and
EPA upon request. Such records shall include, but are not limited to:
1. quantity and formulation of any cutback asphalt used;
2. name and address of the supplier, date of purchase and date of use of any cutback
asphalt; and
3. any other requirements specified by the Department in any order(s) issued to the
person, if applicable.
(e) Persons subject to 310 CMR 7.18(9)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in accordance
with ASTM Method D-244, or by other methods approved by the Department and EPA.

(10) U Metal Coil Coating.

(a) On or after July 1, 1980, no person who owns, leases, operates, or controls a metal coil
coating line, which emits, before any application of air pollution control equipment, in excess
of 15 pounds per day of volatile organic compounds, shall cause, suffer, allow or permit
emissions therefrom in excess of 4.0 pounds of volatile organic compounds per gallon of
solids.
(b) Any person subject to 310 CMR 7.18(10)(a) shall maintain continuous compliance at
all times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations
of transfer efficiency.
(c) Any person subject to 310 CMR 7.18(10)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

3. solids content of any coating(s) used;

4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed; and
6. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(d) Persons subject to 310 CMR 7.18(10)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in
accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or
by other methods approved by the Department and EPA.

(11) U Surface Coating of Miscellaneous Metal Parts and Products.

(a) Applicability.
1. On or after December 31, 1982, no person who owns, leases, operates, or controls a
miscellaneous metal parts and products surface coating lines, which has the potential to
emit equal to or greater than ten tons per year of volatile organic compounds (VOC),
shall cause, suffer or permit emissions of volatile organic compounds in excess of the
emission limitations set forth in 310 CMR 7.18(11)(d)1. Such person shall also comply
with 310 CMR 7.18(11)(g) through (i).
2. On or after March 9, 2020, any person who owns, leases, operates, or controls
miscellaneous metal parts and products surface coating operations and related cleaning
operations which emit, 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 shall comply with
310 CMR 7.18(11)(c), (d)2. and 3., (e), and (g) through (i).
3. On or after March 9, 2020, any person who owns, leases, operates, or controls plastic
parts surface coating operations and miscellaneous metal parts and products surface
coating operations and related cleaning operations within the same facility, which in total
emit, 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 shall comply with 310 CMR
7.18(11)(c), (d)2. and 3., (e), and (g) through (i). The plastic parts surface coating
operations are subject to 310 CMR 7.18(21).
4. On or after March 9, 2018, any person who owns, leases, operates, or controls plastic
parts surface coating operations and miscellaneous metal parts and products surface
coating operations and related cleaning operations which emit, 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 shall comply with the work practices of 310 CMR 7.18(11)(f)
for coating and cleaning operations.
(b) Exemptions.
1. Any facility which has not, since January 1, 1991 emitted, before the application of
any air pollution control equipment, one ton or more of volatile organic compounds in
any one calendar month, or ten or more tons of volatile organic compounds in any
consecutive 12 month time period is exempt from the emissions limitations of 310 CMR
7.18(11)(d)1.
2. The miscellaneous metal parts and products coatings requirements of 310 CMR
7.18(11)(d)2. and 3. and (e) do not apply to:
a. stencil coatings;
b. safety-indicating coatings;
c. solid-film lubricants;
d. electric-insulating and thermal-conducting coatings;
e. magnetic data storage disk coatings;
f. plastic extruded onto metal parts to form a coating;
g. powder coating; or
h. coating application utilizing hand-held aerosol cans.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

3. The requirements of 310 CMR 7.18(11)(e) do not apply to:

a. touch-up coatings;
b. repair coatings; or
c. texture coatings.
4. The requirements of 310 CMR 7.18(11)(e) do not apply to pleasure craft surface
coating operations when applying extreme high-gloss coatings.
5. The requirements of 310 CMR 7.18(11)(d)2. and 3., (e), and (f) do not apply to
aerospace manufacturing and rework operations. Aerospace manufacturing and rework
operations shall remain subject to the emission limitations set forth in 310 CMR
7.18(11)(d)1.
(c) Extensions. Any person subject to 310 CMR 7.18(11)(a)2. or 3. may apply in writing
to the Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(11)(a)2. or 3. by complying with 310 CMR 7.18(11)(g). The Department will consider
a nonrenewable extension of the deadline in 310 CMR 7.18(11)(a)2. or 3. for persons
applying under 310 CMR 7.18(11)(c) until no later than March 9, 2021, provided the
emission control plan submitted for approval under 310 CMR 7.18(20) meets the following
criteria in addition to those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(11)(d).
(d) Reasonably Available Control Technology Requirements.
1. If more than one emission limitation applies to any specific coating, then the coating
shall comply with the least stringent.

Table 310 CMR 7.18(11)(d)1.

Emission Limitations
Surface Coating of Miscellaneous Metal Parts and Products
Emission Source Emission Limitation*
Pounds of VOC per gallon of solids applied
Clear Coatings 10.3
Coating line that is air-dried or forced warm-
6.7
air dried at temperatures up to 90/C
Extreme Performance Coating 6.7
All other coatings and coating lines 5.1

*If more than one emission limitation above applies to a specific coating, then the least stringent emission
limitation shall be applied.

2. Any person subject to 310 CMR 7.18(11)(a)2. or 3. shall limit VOC emissions by
using only coatings having a VOC content no greater than the emission limitations listed
in Tables 310 CMR 7.18(11)(d)2.a., c. and d. (low-VOC coatings to meet the mass of
VOC per volume of coating less water and exempt compounds, as-applied, limits) or b.
and c. (low-VOC coatings or a combination of coatings and add-on control equipment
on a coating unit to meet the mass of VOC per volume of coating solids limits), or by
complying with the requirement in 310 CMR 7.18(11)(d)3. If a coating can be classified
in more than one coating category in 310 CMR 7.18(11)(d), then the least stringent
coating category limitation shall apply.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(11)(d)2.a.

RACT Emission Limitations for Surface Coating of Miscellaneous Metal Parts and Products
Mass of VOC per volume of coating less water and
exempt compounds, as applied
Air-Dried Baked
Coating Category kg/l lb/gal kg/l lb/gal
coating coating coating coating
General, One-component 0.34 2.8 0.28 2.3
General, Multi-component 0.34 2.8 0.28 2.3
Camouflage 0.42 3.5 0.42 3.5
Electric Insulating Varnish 0.42 3.5 0.42 3.5
Etching Filler 0.42 3.5 0.42 3.5
Extreme High-gloss 0.42 3.5 0.36 3.0
Extreme Performance 0.42 3.5 0.36 3.0
Heat-Resistant 0.42 3.5 0.36 3.0
High Performance Architectural 0.74 6.2 0.74 6.2
High Temperature 0.42 3.5 0.42 3.5
Metallic 0.42 3.5 0.42 3.5
Military Specification 0.34 2.8 0.28 2.3
Mold-seal 0.42 3.5 0.42 3.5
Pan Backing 0.42 3.5 0.42 3.5
Prefabricated Architectural One & Multi-component 0.42 3.5 0.28 2.3
Pretreatment Coatings 0.42 3.5 0.42 3.5
Repair and Touch-up 0.42 3.5 0.36 3.0
Silicone-Release 0.42 3.5 0.42 3.5
Solar-Absorbent 0.42 3.5 0.36 3.0
Vacuum-metallizing 0.42 3.5 0.42 3.5
Drum Coating - New - Exterior 0.34 2.8 0.34 2.8
Drum Coating - New - Interior 0.42 3.5 0.42 3.5
Drum Coating - Reconditioned - Exterior 0.42 3.5 0.42 3.5
Drum Coating - Reconditioned - Interior 0.50 4.2 0.50 4.2

Table 310 CMR 7.18(11)(d)2.b.

RACT Emission Limitations for Surface Coating of Miscellaneous Metal Parts and Products
Mass of VOC per volume of coating solids, as
applied
Air-Dried Baked
Coating Category kg/l
lb/gal solids kg/l solids lb/gal solids
solids
General, One-component 0.54 4.52 0.40 3.35
General, Multi-component 0.54 4.52 0.40 3.35
Camouflage 0.80 6.67 0.80 6.67
Electric Insulating Varnish 0.80 6.67 0.80 6.67
Etching Filler 0.80 6.67 0.80 6.67
Extreme High-gloss 0.80 6.67 0.61 5.06
Extreme Performance 0.80 6.67 0.61 5.06
Heat-Resistant 0.80 6.67 0.61 5.06
High Performance Architectural 4.56 38.0 4.56 38.0
High Temperature 0.80 6.67 0.80 6.67
Metallic 0.80 6.67 0.80 6.67
Military Specification 0.54 4.52 0.40 3.35
Mold-Seal 0.80 6.67 0.80 6.67
Pan Backing 0.80 6.67 0.80 6.67
Prefabricated Architectural One & Multi-component 0.80 6.67 0.40 3.35
Pretreatment Coatings 0.80 6.67 0.80 6.67
Repair and Touch-up 0.80 6.67 0.80 6.67
Silicone-release 0.80 6.67 0.80 6.67
Solar-absorbent 0.80 6.67 0.61 5.06
Vacuum-metallizing 0.80 6.67 0.80 6.67
Drum Coating - New - Exterior 0.54 4.52 0.54 4.52
Drum Coating - New - Interior 0.80 6.67 0.80 6.67
Drum Coating - Reconditioned - Exterior 0.80 6.67 0.80 6.67
Drum Coating - Reconditioned - Interior 1.17 9.78 1.17 9.78
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(11)(d)2.c.

RACT Emission Limitations for Pleasure Craft Surface Coatings
Mass of VOC per volume of Mass of VOC per volume
coating less water and exempt of coating solids, as
compounds, as applied applied
Coating Category kg/l coating lb/gal coating kg/l solids lb/gal solids
Extreme High Gloss Topcoat 0.60 5.0 1.87 15.6
High Gloss Topcoat 0.42 3.5 0.80 6.7
Pretreatment Wash Primers 0.78 6.5 6.67 55.6
Finish Primer/Surfacer 0.42 3.5 0.80 6.7
High Build Primer Surfacer 0.34 2.8 0.55 4.6
Aluminum Substrate Antifoulant Coating 0.56 4.7 1.53 12.8
Antifouling Sealer/Tie Coat 0.42 3.5 0.80 6.7
Other Substrate Antifoulant Coating 0.40 3.4 0.75 6.3
All other pleasure craft surface coatings for
0.42 3.5 0.80 6.7
metal or plastic

Table 310 CMR 7.18(11)(d)2.d.

RACT Emission Limitations for Motor Vehicle Materials
Mass of VOC per volume of coating less water and
exempt compounds, as applied
Coating Category kg/l coating lb/gal coating
Motor vehicle cavity wax;
Motor vehicle sealer;
Motor vehicle deadener; 0.65 5.4
Motor vehicle underbody coating;
Motor vehicle trunk interior coating
Motor vehicle bedliner;
0.20 1.7
Motor vehicle gasket/gasket sealing material
Motor vehicle lubricating wax/compound 0.70 5.8

3. Any person may achieve an overall VOC control efficiency of at least 90% by weight
using add-on air pollution capture and control equipment instead of complying with the
requirements of 310 CMR 7.18(11)(d)2.
(e) Application Methods. Unless complying with 310 CMR 7.18(11)(a)2. or 3. by means
of 310 CMR 7.18(11)(d)3., all coatings shall be applied using one or more of the following:
1. electrostatic spray application;
2. HVLP spray;
3. flow coat;
4. roller coat;
5. dip coat, including electrodeposition;
6. airless spray;
7. air-assisted airless spray; or
8. a coating application method capable of achieving a transfer efficiency equivalent to
or greater than that achieved by HVLP, as approved by EPA.
(f) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(11) shall comply with the work practices of 310 CMR 7.18(31)(e).
(g) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(11)(a)1., 2., or 3. who chooses to install add-on
air pollution capture and control equipment to comply with 310 CMR 7.18(11)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(11)(a)2. or 3. who chooses to apply for an
extension under 310 CMR 7.18(11)(c) shall comply with 310 CMR 7.18(20).
(h) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(11)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR
7.18(2). Records kept to demonstrate compliance shall be kept on site for five years and shall
be made available to representatives of the Department and EPA in accordance with the
requirements of an approved compliance plan or upon request. Such records shall include,
but are not limited to:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1 identity, quantity, formulation and density of coating(s) used;

2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) or order(s)
issued to the person.
(i) Testing Requirements. Any person subject to 310 CMR 7.18(11)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(11). Testing shall be conducted in accordance with EPA Method 24 or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA. If acceptable to the Department and EPA, manufacturer’s formulation
data may be used to demonstrate compliance with coating VOC content limitations. In the
case of a dispute, the VOC content determined using the EPA Method shall prevail, unless
a person is able to demonstrate to the Department and EPA that the manufacturer’s
formulation data are correct. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(12) U Packaging Rotogravure and Packaging Flexographic Printing.

(a) Applicability.
1. On or after January 1, 1994, and before March 9, 2020, no person who owns, leases,
operates or controls packaging rotogravure printing lines, which have the potential to
emit equal to or greater than 50 tons per year of volatile organic compounds (VOC) shall
cause, suffer, allow or permit the operation of said lines unless the requirements of 310
CMR 7.18(12)(d)1. and (f) through (h) are met.
2. On or after March 9, 2020, any person who owns, leases, operates or controls a
packaging rotogravure printing line or packaging flexographic printing line, which has
the potential to emit, before any application of add-on air pollution capture and control
equipment, equal to or greater than 25 tons per rolling 12-month period of VOC shall
comply with 310 CMR 7.18(12)(c), (d)2., and (f) through (h) at that printing line.
3. On or after March 9, 2018, any person who owns, leases, operates, or controls
packaging rotogravure printing operations or packaging flexographic printing operations
and related cleaning operations which emit, 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
shall comply with 310 CMR 7.18(12)(e), (g) and (h).
(b) Exemptions. The requirements of 310 CMR 7.18(12)(a)2. do not apply provided the
person obtains and complies with a federally enforceable emission limitation which restricts
the potential emissions of the printing line to below 25 tons per year.
(c) Extensions.
1. Any person subject to 310 CMR 7.18(12)(a)2. may apply in writing to the
Department for a non-renewable extension of the implementation deadline in 310 CMR
7.18(12)(a)2. by complying with 310 CMR 7.18(12)(f). The Department will consider
a non-renewable extension of the deadline in 310 CMR 7.18(12)(a)2. for persons
applying under 310 CMR 7.18(12)(c) until no later than March 9, 2021, provided the
emission control plan submitted for approval under 310 CMR 7.18(20) meets the
following criteria in addition to those of 310 CMR 7.18(20):
a. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
b. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by
a Toxics Use Reduction Planner certified under M.G.L. c. 21I and 310 CMR 50.50
through 50.63;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

c. the emission control plan proposes to reduce emissions or natural asset use, from
the process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
d. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(12)(d).
(d) Reasonably Available Control Technology Requirements.
1. Packaging Rotogravure Printing Lines.
a. The volatile portion of the ink, as applied to the substrate contains 25.0% or less
by volume of volatile organic compounds and 75.0% or more by volume of water;
or,
b. The ink (less water) as it is applied to the substrate contains 60.0% by volume or
more non-volatile materials; or,
c. The owner or operator installs and operates:
i. A carbon adsorption system which reduces the volatile organic emissions by
at least 90.0% by weight; or,
ii. an incinerator system which oxidizes at least 90.0% by weight of the volatile
organic compounds emitted; or,
iii. an alternative volatile organic compound emission reduction system
demonstrated to have at least 90.0% reduction efficiency by weight; and,
iv. A capture system must be used in conjunction with any emission control
systems installed pursuant to 310 CMR 7.18(12)(d)1.c.i. through iii. The design
and operation of said capture system must be consistent with good engineering
practice and is required to provide for an overall reduction in volatile organic
compound emissions of at least 65.0% where packaging rotogravure process is
employed.
2. Packaging Rotogravure and Packaging Flexographic Printing Lines. Any person
subject to 310 CMR 7.18(12)(a)2. shall limit VOC emissions by complying with one or
more of 310 CMR 7.18(12)(d)2.a. or b.
a. Capture and Control Requirements.
i. A press first installed prior to March 14, 1995 and controlled by an add-on air
pollution control device whose first installation date was prior to March 9, 2019
shall achieve at least 65.0% overall control by weight of the VOC emitted.
ii. A press first installed prior to March 14, 1995 and controlled by an add-on
air pollution control device whose first installation date was on or after
March 9, 2019 shall achieve at least 70.0% overall control by weight of the VOC
emitted.
iii. A press first installed on or after March 14, 1995 and controlled by an add-
on air pollution control device whose first installation date was prior to
March 9, 2019 shall achieve at least 75.0% overall control by weight of the VOC
emitted.
iv. A press first installed on or after March 14, 1995 and controlled by an add-on
air pollution control device whose first installation date was on or after
March 9, 2019 shall achieve at least 80.0% overall control by weight of the VOC
emitted.
b. VOC Content Limit. The volatile portion of inks, coatings and adhesives shall
contain no more than either 0.8 kg VOC/kg solids applied or 0.16 kg VOC/kg
material applied. The VOC content limitations may be met by averaging the VOC
content of materials used on a single press (i.e., within a line).
(e) Work Practices and Emission Limitations for Printing and Cleaning Operations.
1. Any person subject to 310 CMR 7.18(12) shall comply with the work practices of
310 CMR 7.18(31)(e).
2. Any person subject to 310 CMR 7.18(12) shall only use cleanup solutions that have
a VOC composite partial pressure equal to or less than 25 mm Hg at 20/C (68/F).
(f) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(12)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(12)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

2. Any person subject to 310 CMR 7.18(12)(a)2. who chooses to apply for an extension
under 310 CMR 7.18(12)(c) shall comply with 310 CMR 7.18(20).
(g) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(12)(a) shall
prepare and maintain records sufficient to demonstrate compliance consistent with
310 CMR 7.18(2). Records kept to demonstrate compliance shall be kept on-site for five
years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of ink(s), coating(s) and adhesive(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any ink(s), coating(s) and adhesive(s) used;
4. actual operational and emissions characteristics of the printing line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) or order(s)
issued to the person.
(h) Testing Requirements. Any person subject to 310 CMR 7.18(12)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(12). Testing shall be conducted in accordance with EPA Method 24,
Method 24A or Method 25 as described in CFR Title 40 Part 60, EPA Methods 204 and
204A through F of CFR Title 40 Part 51 Appendix M or by other methods approved by the
Department and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

((13) Reserved)

(14) U Paper, Film, and Foil Surface Coating.

(a) Applicability.
1. On or after December 31, 1982, no person who owns, leases, operates, or controls
a paper, film, or foil surface coating line which emits, before any application of air
pollution control equipment, in excess of 15 pounds per day of volatile organic
compounds (VOC) shall cause, suffer, allow or permit emissions in excess of the
requirements of 310 CMR 7.18(14)(d)1. Such person shall also comply with 310 CMR
7.18(14)(f) through (h).
2. On or after March 9, 2020, any person who owns, leases, operates, or controls a
paper, film, or foil surface coating line, which has the potential to emit, before any
application of add-on air pollution capture and control equipment, equal to or greater
than 25 tons per rolling 12-month period of VOC shall comply with 310 CMR
7.18(14)(c), (d)2., and (f) through (h) at that coating line.
3. On or after March 9, 2018, any person who owns, leases, operates, or controls paper,
film, or foil surface coating operations and related cleaning operations which emit, 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 shall comply with the work practices of 310 CMR
7.18(14)(e) for coating and cleaning operations.
4. 310 CMR 7.18(14) does not apply to coating application on or in-line with any offset
lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press.
(b) Exemptions. The requirements of 310 CMR 7.18(14)(a)2. do not apply provided the
person obtains and complies with a federally enforceable emission limitation which restricts
the potential emissions of the coating line to below 25 tons per year.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(c) Extensions. Any person subject to 310 CMR 7.18(14)(a)2. may apply in writing to the
Department for a non-renewable extension of the implementation deadline in 310 CMR
7.18(14)(a)2. by complying with 310 CMR 7.18(14)(f). The Department will consider a non-
renewable extension of the deadline in 310 CMR 7.18(14)(a)2. for persons applying under
310 CMR 7.18(14)(c) until no later than March 9, 2021, provided the emission control plan
submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition to
those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I and 310 CMR 50.50 through
50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(14)(d).
(d) Reasonably Available Control Technology Requirements.
1. Any person subject to 310 CMR 7.18(14)(a)1. shall not exceed a limitation of 4.8
pounds of VOC per gallon of solids applied.
2. Any person subject to 310 CMR 7.18(14)(a)2. shall limit VOC emissions by
complying with one or more of 310 CMR 7.18(14)(d)2.a., b., or c.
a. Achieve an overall VOC control efficiency of at least 90% by weight using add-
on air pollution capture and control equipment at that coating line.
b. A paper, film, or foil coating line that is not a pressure sensitive tape and label
coating line shall comply with:
i. a VOC content of no greater than 0.40 pounds of VOC per pound of solids
applied at that coating line; or
ii. a VOC content of no greater than 0.08 pounds of VOC per pound of coating
at that coating line; or
iii. a combination of VOC content and add-on air pollution capture and control
equipment to achieve an overall VOC control efficiency of at least 90% by
weight; or
iv. within line averaging to achieve compliance with 310 CMR 7.18(14)(d)2.b.i.
or ii.
c. A paper, film, or foil coating line that is a pressure sensitive tape and label
coating line shall comply with:
i. a VOC content of no greater than 0.20 pounds of VOC per pound of solids
applied at that coating line; or
ii. a VOC content of no greater than 0.067 pounds of VOC per pound of coating
at that coating line; or
iii. a combination of VOC content and add-on air pollution capture and control
equipment to achieve an overall VOC control efficiency of at least 90% by
weight; or
iv. within line averaging to achieve compliance with 310 CMR 7.18(14)(d)2.c.i.
or ii.
(e) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(14) shall comply with the work practices of 310 CMR 7.18(31)(e).
(f) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(14)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(14)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(14)(a)2. who chooses to apply for an extension
under 310 CMR 7.18(14)(c) shall comply with 310 CMR 7.18(20).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(g) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(14)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR
7.18(2). Records kept to demonstrate compliance shall be kept on site for five years and
shall be made available to representatives of the Department and EPA in accordance with the
requirements of an approved compliance plan or upon request. Such records shall include,
but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) or order(s)
issued to the person.
(h) Testing Requirements. Any person subject to 310 CMR 7.18(14)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(14). Testing shall be conducted in accordance with EPA Method 24 or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(15) U Fabric Surface Coating.

(a) On or after December 31, 1982, unless granted an extension by the Department until
January 1, 1987, no person who owns, leases, operates, or controls a fabric surface coating
line, which emits, before any application of air pollution control equipment, in excess of 15
pounds per day of volatile organic compounds, shall cause, suffer, allow or permit emissions
therefrom in excess of 4.8 pounds of volatile organic compounds per gallon of solids applied.
(b) Any person subject to 310 CMR 7.18(15)(a) shall maintain continuous compliance at
all times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations
of transfer efficiency.
(c) Any person subject to 310 CMR 7.18(15)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed; and
6. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(d) Persons subject to 310 CMR 7.18(15)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in
accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or
by other methods approved by the Department and EPA.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(16) U Vinyl Surface Coating.

(a) On or after December 31, 1982, unless granted an extension by the Department until
January 1, 1987, no person who owns, leases, operates, or controls a vinyl coating line, which
emits, before any application of air pollution control equipment, in excess of 15 pounds per
day of volatile organic compounds shall cause allow or permit emissions therefrom in excess
of 7.8 pounds of volatile organic compounds per gallon of solids applied.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

NON-TEXT PAGE
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(b) Any person subject to 310 CMR 7.18(16)(a) shall maintain continuous compliance at
all times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations
of transfer efficiency.
(c) Any person subject to 310 CMR 7.18(16)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed; and
6. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(d) Persons subject to 310 CMR 7.18(16)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in
accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or
by other methods approved by the Department and EPA.

(17) Reasonable Available Control Technology.

(a) Applicability. 310 CMR 7.18(17) applies to any person who owns, leases, operates or
controls any facility which has the potential to emit, before the application of air pollution
control equipment, equal to or greater than 25 tons per year of volatile organic compounds,
not including VOC emissions exempted under 310 CMR 7.18(17)(b).
(b) Emissions Exemptions. Emissions of volatile organic compounds from any facility
which are subject to any of the following requirements are not included when determining
the potential to emit, before application of air pollution control equipment, for purposes of
310 CMR 7.18(17)(a):
1. emissions of volatile organic compounds which are subject to regulation by other
sections of 310 CMR 7.18, excluding 310 CMR 7.18(1), 310 CMR 7.18(2) and 310
CMR 7.18(20); or,
2. emissions of volatile organic compounds for which standards have been issued by
EPA pursuant to Section 112 of the Act, from equipment subject to regulation under 40
CFR Part 61 (NESHAPS); or,
3. emissions of volatile organic compounds from equipment which, since January 1,
1990, have been reviewed and approved as Best Available Control Technology or Lowest
Achievable Emission Rate imposed in an approval containing specific emission limits
or work practice standards issued under a federally-enforceable regulation; or,
4. emissions of volatile organic compounds from the incomplete combustion of any
material, except where the material is heated, burned, combusted or otherwise chemically
changed under oxygen deficient conditions by design.
5. emissions of volatile organic compounds resulting from operations which are subject
to regulation under 310 CMR 7.24.
6. emissions of volatile organic compounds from operations which since 1990 have
been constructed and operated in accordance with the exemptions in 310 CMR 7.03.
(c) Reasonably Available Control Technology Requirements.
1. Unless granted a non-renewable extension by the Department under 310 CMR
7.18(17)(e), no person subject to 310 CMR 7.18(17)(a) shall cause, suffer, allow or
permit emissions from the facility in excess of an emission rate achievable through the
implementation of reasonably available control technology as required in an emission
control plan approved under 310 CMR 7.18(20)(e), according to the following schedule:
a. On or after December 31, 1986 for any facility with the potential to emit equal to
or greater than 100 tons per year of VOC, before the application of air pollution
control equipment;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

b. On or after January 1, 1994 for any facility with the potential to emit before
application of air pollution control equipment, equal to or greater than 50 tpy, but less
than 100 tpy, and which, since 1/1/90 has had actual emissions, before the application
of air pollution control equipment, greater than 50 tons per year in any one calendar
year;
c. On or after May 31, 1995 for any facility with the potential to emit, before
application of air pollution control equipment, equal to or greater than 50 tpy, but less
than 100 tpy, and which since 1/1/90 has had actual emissions, before the application
of air pollution control equipment, less than or equal to 50 tons per year in any one
calendar year;
d. If the Administrator makes a determination under Section 182(g)(3) of the Clean
Air Act (CAA) that Massachusetts has failed to meet a milestone, then by May 31,
1997 or two years after the determination, whichever is later, for any facility with the
potential to emit, before application of air pollution control equipment equal to or
greater than 25 tpy, but less than 50 tpy, and which since 1/1/90 have had actual
emissions, before the application of air pollution control equipment, greater than or
equal to 25 tons per year in any one calendar year;
e. If the Administrator makes a determination under Section 182(g)(3) of the Clean
Air Act (CAA) that Massachusetts has failed to meet a milestone, then by May 31,
1999 or four years after the determination, whichever is later, for any facility with the
potential to emit, before application of air pollution control equipment equal to or
greater than 25 tpy, but less than 50 tpy, and which since 1/1/90 have had actual
emissions, before the application of air pollution control equipment, less than 25 tons
per year in any one calendar year;
(d) Plan Submittal Requirements. Any person subject to 310 CMR 7.18(17)(a) must have
the RACT emission limit approved by the Department in an emissions control plan approved
under 310 CMR 7.18(20), and must submit such plan 180 days prior to the applicable
implementation deadline in 310 CMR 7.18(17)(c). The Department must also submit the
plan to the EPA for approval as a revision to the Massachusetts State Implementation Plan.
However, any person subject to 310 CMR 7.18(17)(a) only if HOC emissions are included
in the applicability determination (i.e. the facility's VOC emissions are less than the
applicability threshold) is not required to have their emission control plan approved as a
revision to the Massachusetts State Implementation Plan.
(e) Extensions.
1. Any person required to implement RACT according to the schedule in 310 CMR
7.18(17)(c) may apply in writing to the Department for a non-renewable extension of the
implementation deadline in 310 CMR 7.18(17)(c). The person must apply to the
Department for the non-renewable extension at the same time the person submits the
emission control plan required by 310 CMR 7.18(20).
2. The Department will consider allowing a non-renewable extension from the original
implementation deadline in 310 CMR 7.18(17)(c) which extension will not exceed one
calendar year, provided the emission control plan submitted for approval under 7.18(20),
meets the following criteria in addition to those of 310 CMR 7.18(20):
a. the emission control plan proposes to reduce emissions through toxics use
reduction techniques defined in M.G.L. c. 21I; and,
b. the toxics use reduction techniques contained in the emission control plan are
approved by a Toxics Use Reduction Planner certified under M.G.L. c. 21I; (this may
be an employee at the facility who is certified as Toxics Use Reduction Planner); and,
c. implementation of the plan will achieve a minimum emission reduction of 85%
from the actual emissions reported under 310 CMR 7.18(20)(c)4 through toxics use
reduction techniques, as calculated on a mass of VOC emitted per gallon of solids as
applied or per unit of production basis; and,
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

d. the emission control plan also contains contingency measures to reduce emissions
by 90%, as calculated on a mass of VOC emitted per gallon of solids as applied or
per unit of production basis, which measures automatically take effect if the
emissions reductions achieved through toxics use reduction techniques do not equal
85%, as calculated on a mass of VOC emitted per gallon of solids as applied or per
unit of production basis.
3. Notwithstanding the above, no facility subject to the requirements of 310 CMR
7.18(17) prior to February 1, 1993, shall be eligible for any extension of the compliance
deadline set forth in 310 CMR 7.18(17)(c)1.a.
(f) Continuous Compliance. Any person required to implement RACT according to the
schedule in 310 CMR 7.18(17)(c) shall maintain continuous compliance at all times.
Compliance averaging times will be met in accordance with the requirements of 310 CMR
7.18(2)(a). Demonstrations of compliance may include considerations of transfer efficiency
provided that the baseline transfer efficiency and transfer efficiency test method are detailed
in the emission control plan as approved by the Department and EPA.
(g) Recordkeeping Requirements. Any person required to implement RACT according to
the schedule in 310 CMR 7.18(17)(c) shall prepare and maintain daily records sufficient to
demonstrate compliance consistent with the applicable averaging time as stated in 310 CMR
7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for five years and
shall be made available to representatives of the Department and EPA in accordance with the
requirements of an approved emission control plan (310 CMR 7.18(20) or upon request.
Such records shall include, but not be limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed;
6. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(h) Testing Requirements. Any person required to implement RACT according to the
schedule in 310 CMR 7.18(17)(c) shall, upon request of the Department, perform or have
performed tests to demonstrate compliance with 310 CMR 7.18(17). Testing shall be
conducted in accordance with EPA Method 24 and/or Method 25 as described in CFR Title
40 Part 60, or by other methods approved by the Department and EPA.

(18) U Polystyrene Resin Manufacture.

(a) On or after December 31, 1986, no person who owns, leases, operates, or controls a
continuous process polystyrene resin manufacturing plant or facility which emits, before any
application of air pollution control equipment, in excess of 15 pounds per day of volatile
organic compounds, shall cause, suffer, allow or permit emissions from the material recovery
section in excess of 0.12 pounds of volatile organic compounds per 1,000 pounds of product.
(b) Any person subject to 310 CMR 7.18(18)(a) shall maintain continuous compliance at
all times. Compliance averaging times will be met in accordance with the requirements of
310 CMR 7.18(2)(a).
(c) Any person subject to 310 CMR 7.18(18)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated
in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for
three years and shall be made available to representatives of the Department and EPA in
accordance with the requirements of an approved compliance plan or upon request. Such
records shall include, but are not limited to:
1. properties of the inlet emission stream including temperature, pressure, flow rate and
composition;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

2. properties of the inlet coolant including type, temperature and pressure;

3. quantity of product produced;
4. actual operational and emission characteristics of the manufacturing process and any
appurtenant emissions capture and control equipment; and
5. any other requirements specified by the Department in any approval(s) and/or order(s)
issued to the person.
(d) Persons subject to 310 CMR 7.18(18)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance. Testing shall be conducted in
accordance with EPA Method 2 and Method 25 as described in CFR Title 40 Part 60, or by
other methods approved by the Department and EPA.

(19) Synthetic Organic Chemical Manufacture.

(a) Each person owning, leasing, or controlling the operation of a synthetic organic
chemical manufacturing facility shall monitor quarterly the following components in VOC
service with an organic detection instrument: each pump in light liquid service; each
compressor; each valve in both gas and light liquid service; and each pressure relief valve
in gas service.
(b) Each owner or operator shall monitor:
1. each pressure relief valve within 24 hours after it has vented to the atmosphere;
2. within 24 hours of discovery a component which sight, smell, or sound indicates
might be leaking;
3. any component that appears to be leaking, on the basis of sight, smell, or sound,
including flanges, connections, and equipment in heavy liquid service should be repaired
with 15 days of the date the leak is detected.
(c) Each owner or operator shall use a VOC detection instrument and monitoring method
in accordance with EPA Reference Method 21, as described in: 40 CFR part 60 Appendix
A.
(d) From the date a leaking component is detected, each owner or operator shall:
1. affix within one hour a weatherproof and readily visible tag to the component,
bearing an identification number and the date. This tag shall remain in place until the
component is repaired.
2. repair the leaking component within 15 days; or
3. repair the leaking component at or before the next scheduled unit turnaround if not
able to do so within 15 days.
(e) Each owner or operator shall visually inspect all pumps in light liquid service weekly.
(f) Except for pressure relief valves, an owner or operator shall seal all open-ended valves
which are in contact with process fluid on one side of the seat and open to the atmosphere
on the other side of the seat. The open-ended valves shall be sealed with one of the
following: a second valve, blind flange, cap, or plug. The sealing device may be removed
only when a sample is being taken or during maintenance operations.
(g) Each owner or operator shall record in an inspection log the following information for
each leaking component found:
1. the tag identification number;
2. the type of component;
3. the date on which the leak was detected for the component;
4. the date on which the component was repaired;
5. identification of those leaking components which cannot be repaired until unit
turnaround and the reason why repair must be delayed;
6. the test methods;
7. the result of inspection or monitoring;
8. the type of repair;
9. chemical name used in component;
10. name of individual responsible for repairs;
11. date of next unit turnaround if there is a delay in repair;
12. results of weekly visual leak inspections.
A copy of the inspection log shall be retained at the plant for a minimum of two years
after the date on which the report for the inspection period was prepared and shall make the
log available to the Department upon request.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(h) Each owner or operator shall submit to the Department a quarterly report describing the
results of the monitoring program required by 310 CMR 7.18(19). As a minimum, this
report should include:
1. the number and types of components that were located during the previous
monitoring period but were not repaired.
2. the number and types of components inspected, the number and types of leaking
components found, the number and types of components repaired, and the time elapsed
before each repair was effected.
3. the number of components not repaired within 15 days and the reason why there was
a delay.
(i) Any owner or operator of a facility subject to 310 CMR 7.18(19) shall:
1. submit to the Department, a leak detection and repair program by June 1, 1987. This
program shall contain, as a minimum, a list of process components, a copy of the log
book format, and a description of the proposed monitoring equipment.
2. submit the first quarterly report required by 310 CMR 7.18(19)(i) by
December 1, 1987 or within 120 days of the date the owner or operator first becomes
subject to 310 CMR 7.18(19).
(j) The Department shall receive notice in writing ten days prior to the scheduled
monitoring so that the Department has the opportunity to observe the monitoring procedure
as described in 310 CMR 7.18(19)(a) and (b).
(k) The Department will review and make determination on requests for exemptions to
310 CMR 7.18(19) in the following categories:
1. components that are considered unsafe to monitor because of extreme temperatures,
pressures, at a height of more than two meters above a permanent support surface, or for
other reasons are exempt from quarterly monitoring if the owner requests a waiver from
the Department and monitors at least once a year.
2. SOCMI facilities handling less than 980 tons per year (890 Mg/yr) of VOC.
3. To implement a skip period monitoring program the owner or operator will begin
with a quarterly leak detection and repair program for valves. If the desired "good
performance level" of 2% or less of valves leaking was attained for valves in gas service
and light liquid service for five consecutive quarters, then three of the subsequent
quarterly leak detection and repair periods for these valves could be skipped. All valves
would be monitored again during the fourth quarter. This would permit a process unit
which has consistently demonstrated it is meeting the "good performance level" to
monitor valves in gas service and valves in light liquid service annually instead of
quarterly. If an inspection showed that the "good performance level" was not being
achieved, then quarterly inspections of valves would be reinstituted until a "good
performance level" was being achieved for five consecutive quarters. At that time the
skip period inspection would be resumed. Only valves are allowed to be monitored at
skip period intervals; all other equipment components would not skip monitoring
intervals and would be subject to their required quarterly monitoring.

(20) Emission Control Plans for Implementation of Reasonably Available Control Technology.
(a) General Applicability and Submittal Requirements. Any person who owns, leases,
operates or controls a facility that becomes subject to 310 CMR 7.18 and who is required to
submit an emission control plan pursuant to 310 CMR 7.18 after January 1, 1992, shall
submit an emission control plan to the Department for review and approval by the
Department prior to implementation of RACT. In addition, an emission control plan is
required to amend an emissions averaging plan issued pursuant to 310 CMR 7.18(2)(b) or
(g), or an approval issued under 310 CMR 7.18(2)(h).
1. The emission control plan must be submitted to the Department within 180 days of
the date the facility or part of a facility first meets the applicability requirements of
310 CMR 7.18, or the date of promulgation for that section of 310 CMR 7.18, whichever
is latest.
2. An emission control plan is not required if all operations at the facility for which an
approval under 310 CMR 7.18(20) would otherwise be required:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

a. are installed in accordance with:

i. a plan approval issued pursuant to 310 CMR 7.02(4) or (5) that meets the
standards/limits of 310 CMR 7.18;
ii. the requirements contained in 310 CMR 7.03; or
iii. the requirements of 310 CMR 7.26, or
b. are exempt from filing for plan approval pursuant to 310 CMR 7.02(2)(b), except
for 310 CMR 7.02(2)(b)32. This exemption does not apply to construction,
substantial reconstruction, or alteration required to comply with the requirements of
310 CMR 7.18.
(b) Other Applicability and Submittal Requirements. Any person subject to 310 CMR 7.18,
when so required by the Department in writing, shall submit an emission control plan to the
Department for review and approval by the Department.
(c) Emission Control Plan Requirements. The emission control plan must detail how
RACT will be implemented at the facility which is subject to 310 CMR 7.18. Each plan
submitted under 310 CMR 7.18(20) shall, at a minimum, include the following:
1. a list and description of all the equipment at the facility which has the potential to
emit VOC, including any associated plan approvals, dates of installation, any subsequent
alterations, etc.;
2. a list of all the VOC emitting equipment at the facility for which the emission control
plan is being submitted;
3. the potential to emit, before application of air pollution control equipment, before
implementation of RACT, on a daily and annual basis, of all VOC emitting equipment
for which the emission control plan is being submitted;
4. the actual emissions before implementation of RACT on a daily and annual basis of
all VOC emitting equipment for which the emission control plan is being submitted;
5. if applicable, the designs, specifications and standard operating and maintenance
procedures for any VOC emissions capture and control system used to implement RACT;
6. if applicable, the designs and specifications of any low-VOC emitting processes or
reformulations used to implement RACT;
7. the testing, monitoring, recordkeeping and reporting procedures used to demonstrate
compliance with the applicable sections of 310 CMR 7.18;
8. a schedule for the implementation of RACT at the facility by the deadline contained
in the applicable section of 310 CMR 7.18, including provisions for demonstrating to the
Department periodic increments of progress;
9. any other information required by the Department, and;
10. the signature of a responsible official.
(d) Additional Requirements for Demonstration of RACT. An emission control plan
submitted by any person who owns, leases, operates or controls a facility or part of a facility
subject to 310 CMR 7.18(2)(c) or (17), must meet the following requirements, in addition
to those of 310 CMR 7.18(20)(c).
1. The plan must contain a demonstration and description of the RACT emission
limit(s) for this facility or part of a facility; and,
2. any information necessary to support the demonstration made in 310 CMR
7.18(20)(d)1., such as technological and economic considerations, industry surveys,
customer considerations, etc.
(e) Approval of an Emission Control Plan by the Department.
1. For persons not subject to 310 CMR 7.18(2)(b), (c), or (17), the Department shall,
within the timetables established in 310 CMR 4.10, issue a final approval or disapproval
of the ECP.
2. For persons subject to 310 CMR 7.18(2)(b), (c), or (17) for each ECP application
where the information submitted subject to 310 CMR 7.18(20)e.2. is sufficient to support
both the determination of RACT and the proposed schedule; the Department shall:
a. Provide a 30-day period for submittal of public comment;
b. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the
following:
i. Notice of availability of the Department's proposed decision to approve or
deny the ECP application and information on how to submit public comment;
ii. The Department's proposed decision to approve or deny the ECP application;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

iii. Information on how to access the administrative record for the Department's
proposed decision to approve or deny the ECP application.
c. Send a copy of the notice required under 310 CMR 7.18(20)(e)2.b.i. to EPA.
(f) Prohibition. No emissions reductions or any other actions taken at any facility or part
of a facility will constitute implementation of RACT at that facility, unless those emission
reductions or other actions are part of an emission control plan approved by the Department.
(g) Additional requirements may be included in the emission control plan approval to
ensure that emissions from the unit(s) subject to RACT will not cause or contribute to a
condition of air pollution or a violation of any other regulation. Such requirements include,
but are not limited to, emissions limits on other air contaminants, and additional stack testing
or emissions monitoring requirements.

(21) Surface Coating of Plastic Parts.

(a) Applicability.
1. On or after March 9, 2020, any person who owns, leases, operates, or controls plastic
parts surface coating operations and related cleaning operations which emit, before any
application of add-on air pollution capture and control equipment, equal to or greater
than 15 pounds of volatile organic compounds (VOC) per day or, in the alternative, equal
to or greater than three tons of VOC per rolling 12-month period shall comply with
310 CMR 7.18(21)(c) through (e) and (g) through (i).
2. On or after March 9, 2020, any person who owns, leases, operates, or controls plastic
parts surface coating operations and miscellaneous metal parts and products surface
coating operations and related cleaning operations within the same facility, which in total
emit, 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 shall comply with 310 CMR
7.18(21)(c) through (e) and (g) through (i). The miscellaneous metal parts and products
surface coating operations are subject to 310 CMR 7.18(11).
3. On or after March 9, 2018, any person who owns, leases, operates, or controls plastic
parts surface coating operations and miscellaneous metal parts and products surface
coating operations and related cleaning operations which emit, 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 shall comply with the work practices of 310 CMR 7.18(21)(f)
for coating and cleaning operations.
(b) Exemptions.
1. The plastic parts coatings requirements of 310 CMR 7.18(21)(d)1. and 2. do not
apply to:
a. touch-up and repair coatings;
b. stencil coatings applied on clear or transparent substrates;
c. clear or translucent coatings;
d. coatings applied at a paint manufacturing facility while conducting performance
tests on the coatings;
e. reflective coating applied to highway cones;
f. mask coatings that are less than 0.5 millimeter thick (dried) and the area coated
is less than 25 square inches;
g. EMI/RFI shielding coatings; or
h. heparin-benzalkonium chloride (HBAC)-containing coatings applied to medical
devices, provided that the total usage of all such coatings does not exceed 100 gallons
per rolling 12-month period, per facility.
2. The automotive/transportation coatings requirements of 310 CMR 7.18(21)(d)1.b.
and 2., and the business machine coatings requirements of 310 CMR 7.18(21)(d)1.c.
and 2., do not apply to:
a. texture coatings;
b. vacuum metallizing coatings;
c. gloss reducers;
d. texture topcoats;
e. adhesion primers;
f. electrostatic preparation coatings;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

g. resist coatings; or
h. stencil coatings.
3. The requirements of 310 CMR 7.18(21)(e) do not apply to airbrush operations using
five gallons or less per rolling 12-month period of coating at a plastic parts coating
operation.
4. The requirements of 310 CMR 7.18(21)(e) do not apply to pleasure craft surface
coating operations when applying extreme high-gloss coatings.
5. The requirements of 310 CMR 7.18(21)(d) and (e) do not apply to powder coatings
or coating application utilizing hand-held aerosol cans.
6. The requirements of 310 CMR 7.18(21)(d), (e), and (f) do not apply to aerospace
manufacturing and rework operations.
(c) Extensions. Any person subject to 310 CMR 7.18(21)(a)1. or 2. may apply in writing
to the Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(21)(a)1. or 2. by complying with 310 CMR 7.18(21)(g).
The Department will consider a nonrenewable extension of the deadline in 310 CMR
7.18(21)(a)1. or 2. for persons applying under 310 CMR 7.18(21)(c) until no later than
March 9, 2021, provided the emission control plan submitted for approval under 310 CMR
7.18(20), meets the following criteria in addition to those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(21)(d).
(d) RACT Emissions Limitations.
1. Any person subject to 310 CMR 7.18(21)(a)1. or 2. shall limit VOC emissions by
using only coatings having a VOC content no greater than the emission limitations listed
in Tables 310 CMR 7.18(21)(d)1.a. through e. (low-VOC coatings to meet the mass of
VOC per volume of coating less water and exempt compounds, as-applied, limits, or
low-VOC coatings or a combination of coatings and add-on control equipment on a
coating unit to meet the mass of VOC per volume of coating solids limits) or by
complying with the requirement in 310 CMR 7.18(21)(d)2. If a coating can be classified
in more than one coating category in 310 CMR 7.18(21)(d), then the least stringent
coating category limitation shall apply.

Table 310 CMR 7.18(21)(d)1.a.

RACT Emission Limitations for Surface Coating of Miscellaneous Plastic Parts
Mass of VOC per volume of Mass of VOC per volume of
coating less water and coating solids, as applied
exempt compounds, as
applied
Coating Category kg/l coating lb/gal coating kg/l solids lb/gal solids
General, One Component 0.28 2.3 0.40 3.35
General, Multi-component 0.42 3.5 0.80 6.67
Electric Dissipating Coatings and
0.80 6.7 8.96 74.7
Shock-free Coatings
Extreme Performance (two-pack) 0.42 3.5 0.80 6.67
Military Specification (one-pack) 0.34 2.8 0.54 4.52
Military Specification (two-pack) 0.42 3.5 0.80 6.67
Metallic 0.42 3.5 0.80 6.67
Mold-seal 0.76 6.3 5.24 43.7
Multi-colored Coatings 0.68 5.7 3.04 25.3
Optical Coatings 0.80 6.7 8.96 74.7
Vacuum-metallizing 0.80 6.7 8.96 74.7
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(21)(d)1.b.

RACT Emission Limitations for Automotive/Transportation Coatings1
Mass of VOC per volume of Mass of VOC per volume
coating less water and exempt of coating solids, as
compounds, as applied applied
Coating Category kg/l coating lb/gal coating kg/l solids lb/gal
solids
High Bake Coatings - Interior
and Exterior Parts
Flexible Primer 0.54 4.5 1.39 11.58
Non-flexible Primer 0.42 3.5 0.80 6.67
Basecoat 0.52 4.3 1.24 10.34
Clear Coat 0.48 4.0 1.05 8.76
Non-Basecoat/Clear Coat 0.52 4.3 1.24 10.34
Low Bake/Air-dried coatings-
Exterior Parts
Primers 0.58 4.8 1.66 13.80
Basecoat 0.60 5.0 1.87 15.59
Clear Coat 0.54 4.5 1.39 11.58
Non-basecoat/Clear Coat 0.60 5.0 1.87 15.59
Low Bake/Air-dried Coatings -
0.60 5.0 1.87 15.59
Interior Parts
Touchup and Repair Coatings 0.62 5.2 2.13 17.72
1
For automotive coatings which are red, yellow, and black, except touch-up and repair coatings, the limitation
is determined by multiplying the appropriate limitation in Table 310 CMR 7.18(21)(d)1.b. by 1.15.

Table 310 CMR 7.18(21)(d)1.c.

RACT Emission Limitations for Business Machine Coatings
Mass of VOC per volume of Mass of VOC per volume of
coating less water and exempt coating solids, as applied
compounds, as applied
Coating Category kg/l coating lb/gal coating kg/l solids lb/gal solids
Primers 0.35 2.9 0.57 4.80
Topcoat 0.35 2.9 0.57 4.80
Texture Coat 0.35 2.9 0.57 4.80
Fog Coat1 0.26 2.2 0.38 3.14
Touchup and Repair 0.35 2.9 0.57 4.80
1
A fog coat shall not be applied at a thickness of more than 0.5 mils of coating solids.

Table 310 CMR 7.18(21)(d)1.d.

RACT Emission Limitations for Pleasure Craft Surface Coatings
Mass of VOC per volume Mass of VOC per
of coating less water and volume of coating
exempt compounds, as solids, as applied
applied
Coating Category kg/l coating lb/gal coating kg/l lb/gal
solids solids
Extreme High Gloss Topcoat 0.60 5.0 1.87 15.6
High Gloss Topcoat 0.42 3.5 0.80 6.7
Pretreatment Wash Primers 0.78 6.5 6.67 55.6
Finish Primer/Surfacer 0.42 3.5 0.80 6.7
High Build Primer Surfacer 0.34 2.8 0.55 4.6
Aluminum Substrate Antifoulant 0.56 4.7 1.53 12.8
Coating
Antifouling Sealer/Tie Coat 0.42 3.5 0.80 6.7
Other Substrate Antifoulant Coating 0.40 3.4 0.75 6.3
All other pleasure craft surface coatings
0.42 3.5 0.80 6.7
for metal or plastic
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(21)(d)1.e.

RACT Emission Limitations for Motor Vehicle Materials
Mass of VOC per volume of coating less water
and exempt compounds, as applied
Coating Category kg/l coating lb/gal coating
Motor vehicle cavity wax;
Motor vehicle sealer;
Motor vehicle deadener; 0.65 5.4
Motor vehicle underbody coating;
Motor vehicle trunk interior coating
Motor vehicle bedliner;
0.20 1.7
Motor vehicle gasket/gasket sealing material
Motor vehicle lubricating wax/compound 0.70 5.8

2. Any person may achieve an overall VOC control efficiency of at least 90% by weight
using add-on air pollution capture and control equipment instead of complying with the
requirements of 310 CMR 7.18(21)(d)1.
(e) Application Methods. Unless complying with 310 CMR 7.18(21)(a)1. or 2. by means of
310 CMR 7.18(21)(d)2., all coatings shall be applied using one or more of the following:
1. electrostatic spray application;
2. HVLP spray;
3. flow coat;
4. roller coat;
5. dip coat, including electrodeposition;
6. airless spray;
7. air-assisted airless spray; or
8. a coating application method capable of achieving a transfer efficiency equivalent to or
greater than that achieved by HVLP, as approved by EPA.
(f) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(21) shall comply with the work practices of 310 CMR 7.18(31)(e).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(g) Plan and Extension Submittal Requirements.

1. Any person subject to 310 CMR 7.18(21)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(21)(d) shall submit
an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(21)(a)1. or 2. who chooses to apply for an
extension under 310 CMR 7.18(21)(c) shall comply with 310 CMR 7.18(20).
(h) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(21)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR 7.18(2).
Records kept to demonstrate compliance shall be kept on site for five years and shall be made
available to representatives of the Department and EPA upon request. Such records shall
include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s) used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any appurtenant
emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(i) Testing Requirements. Any person subject to 310 CMR 7.18(21)(a) shall, upon request of
the Department, perform or have performed tests to demonstrate compliance with 310 CMR
7.18(21). Testing shall be conducted in accordance with EPA Method 24 or Method 25 as
described in CFR Title 40 Part 60, or by other methods approved by the Department and EPA.
If acceptable to the Department and EPA, manufacturer’s formulation data may be used to
demonstrate compliance with coating VOC content limitations. In the case of a dispute, the VOC
content determined using the EPA Method shall prevail, unless a person is able to demonstrate
to the satisfaction of the Department and EPA that the manufacturer’s formulation data are
correct. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv) as
carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of less
than or equal to 50 ppmv as carbon.

(22) Leather Surface Coating.

(a) Applicability. 310 CMR 7.18(22) applies in its entirety to any person who owns, leases,
operates or controls leather surface coating line(s) which in total have the potential to emit,
before the application of air pollution control equipment, equal to or greater than 50 tons per year
of volatile organic compounds.
(b) Reasonably Available Control Technology Requirements. On or after January 1, 1994,
unless exempted by 310 CMR 7.18(22)(c) or granted a non-renewable extension by the
Department under 310 CMR 7.18(22)(d), no person subject to 310 CMR 7.18(22)(a) shall cause,
suffer, allow or permit emissions from any leather surface coating line in excess of 27.4 lbs
VOC/gallon of solids as applied.
(c) Exemptions. The requirements of 310 CMR 7.18(22)(b) do not apply to:
1. a. any person subject to 310 CMR 7.18(22)(a) who is able to demonstrate to the
Department that, since January 1, 1990, the leather surface coating line(s) have not, in
total, emitted, before the application of air pollution control equipment, greater than or
equal to 50 tons per year of volatile organic compounds; and
b. provided the person obtains and complies with a federally enforceable emission limit
which restricts the potential emissions to below 50 tons per year; and
c. provided the person complies with of 310 CMR 7.18(22)(h).
2. any person subject to 310 CMR 7.18(22)(a) who, according to the Department, has
complied with 310 CMR 7.18(17) prior to January 1, 1993.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(d) Extensions.
1. Any person subject to 310 CMR 7.18(22)(b) may apply in writing to the Department for
a non-renewable extension of the implementation deadline. The person must apply to the
Department for the non-renewable extension at the same time the person submits the
emission control plan required by 310 CMR 7.18(20).
a. the emission control plan proposes to reduce emissions through toxics use reduction
techniques as defined in M.G.L. c. 21I; and,
b. the toxics use reduction techniques contained in the emission control plan are
approved by a Toxics Use Reduction Planner certified under M.G.L. c. 21I; (this may be
an employee at the facility who is certified as Toxics Use Reduction Planner); and,
c. implementation of the plan must meet the emission limitations of 310 CMR
7.18(22)(b) or achieve a 85% emissions reduction, whichever is greater, through toxics
use reduction techniques, as calculated on a mass of VOC emitted per gallons of solids
as applied or per unit of production; and,
d. the emission control plan must also contain contingency measures to meet the RACT
emission limitation in 310 CMR 7.18(22)(b); such measures must automatically take
effect if the emissions reductions through toxics use reduction techniques do not satisfy
310 CMR 7.18(22)(b).
(e) Plan Submittal Requirements. Any person who owns, leases, operates or controls a leather
surface coating line(s) subject to 310 CMR 7.18(22)(a) must submit an emissions control plan,
and have the plan approved by the Department under 310 CMR 7.18(20).
(f) Continuous Compliance. Any person who owns, leases, operates or controls a leather
surface coating line(s) subject to 310 CMR 7.18(22)(a) shall maintain continuous compliance
at all times with their approved emissions control plan. Compliance averaging times will be met
in accordance with the requirements of 310 CMR 7.18(2)(a). Demonstrations of compliance
may include considerations of transfer efficiency provided that the baseline transfer efficiency
is equal to or greater than 65%, and the transfer efficiency test method is detailed in the emission
control plan (310 CMR 7.18(20)) approved by the Department.
(g) Recordkeeping Requirements. Any person who owns, leases, operates or controls a leather
surface coating line(s) subject to 310 CMR 7.18(22)(a) shall prepare and maintain daily records
sufficient to demonstrate compliance consistent with the applicable averaging time as stated in
310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for five years
and shall be made available to representatives of the Department and EPA in accordance with
the requirements of an approved emission control plan (310 CMR 7.18(20) or upon request.
Such records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s) used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any appurtenant
emissions capture and control equipment;
5. quantity of product processed;
6. any other requirements specified by the Department in any approval(s) issued under 310
CMR 7.18(20) or any order(s) issued to the person.
(h) Testing Requirements. Any person who owns, leases, operates or controls a leather surface
coating line(s) subject to 310 CMR 7.18(22)(a) shall, upon request of the Department, perform
or have performed tests to demonstrate compliance with 310 CMR 7.18(22). Testing shall be
conducted in accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40
Part 60, or by other methods approved by the Department and EPA.

(23) Wood Products Surface Coating.

(a) Applicability. 310 CMR 7.18(23) applies in its entirety to any person who owns, leases,
operates or controls wood products surface coating line(s) which in total have the potential to
emit, before the application of air pollution control equipment, equal to or greater than 50 tons
per year of volatile organic compounds.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(b) Reasonably Available Control Technology Requirements. On or after January 1, 1994,

unless exempted by 310 CMR 7.18(23)(c) or granted a non-renewable extension by the
Department under 310 CMR 7.18(23)(d), no person subject to 310 CMR 7.18(23)(a) shall cause,
suffer, allow or permit emissions from any wood products surface coating line in excess of the
emission limitations set forth in 310 CMR 7.18(23)(e).
(c) Exemptions. The requirements of 310 CMR 7.18(23)(b) do not apply to:
1. a. any person subject to 310 CMR 7.18(23)(a) who is able to demonstrate to the
Department that, since January 1, 1990, the wood products surface coating line(s) have
not, in total, emitted, before the application of air pollution control equipment, greater
than or equal to 50 tons per year of volatile organic compounds; and
b. provided the person obtains and complies with a federally enforceable emission limit
which restricts the potential emissions to below 50 tons per year; and
c. provided the person complies with of 310 CMR 7.18(23)(i).
2. any person subject to 310 CMR 7.18(23)(a) who, according to the Department, has
complied with 310 CMR 7.18(17) prior to January 1, 1993.
(d) Extensions.
1. Any person subject to 310 CMR 7.18(23)(b) may apply in writing to the Department for
a non-renewable extension of the implementation deadline in 310 CMR 7.18(23)(b). The
person must apply to the Department for the non-renewable extension at the same time the
person submits the emission control plan required by 310 CMR 7.18(20) and (23)(e).
2. The Department will consider a non-renewable extension of the deadline in 310 CMR
7.18(23)(b) until no later than January 1, 1995, provided the emission control plan submitted
for approval 310 CMR 7.18(20), meets the following criteria in addition to those of
310 CMR 7.18(20):
a. the emission control plan proposes to reduce emissions through toxics use reduction
techniques as defined in M.G.L. c. 21I; and,
b. the toxics use reduction techniques contained in the emission control plan are
approved by a Toxics Use Reduction Planner certified under M.G.L. c. 21I; (this may be
an employee at the facility who is certified as Toxics Use Reduction Planner); and,
c. implementation of the plan must meet the emission limitations of 310 CMR
7.18(23)(e) or achieve a 85% reduction in emissions, whichever is greater, through toxics
use reduction techniques, as calculated on a mass of VOC emitted per gallon of solids
as applied or per unit of production; and,
d. the emission control plan must also contain contingency measures to meet RACT
emission limitations of 310 CMR 7.18(23)(e); such measures must automatically take
effect if the emissions reductions achieved through toxics use reduction techniques do
not satisfy 310 CMR 7.18(23)(e).
(e) RACT Emissions Limitations. Any person subject to 310 CMR 7.18(23)(b) shall comply
with the emissions limitations in Table 310 CMR 7.18(23)(e)1. If more than one emission
limitation applies then, the coating must comply with the least stringent emission limitation.

Table 310 CMR 7.18(23)(e)1.

RACT Emission Limitations for Surface Coating of Wood Products

Emission Source Emission Limitation

(lbs VOC/gal solids as applied)

Semitransparent stain 89.4

Wash coat 35.6
Opaque stain 13.0
Sealer 23.4
Pigmented coat 15.6
Clear topcoat 23.4
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(f) Plan Submittal Requirements. Any person who owns, leases, operates or controls a
wood products surface coating line(s) subject to 310 CMR 7.18(23)(a) must submit an
emissions control plan, and have the plan approved by the Department under 310 CMR
7.18(20).
(g) Continuous Compliance. Any person who owns, leases, operates or controls a wood
products surface coating line(s) subject to 310 CMR 7.18(23)(a) shall maintain continuous
compliance at all times with their approved emissions control plan. Compliance averaging
times will be met in accordance with the requirements of 310 CMR 7.18(2)(a).
Demonstrations of compliance may include considerations of transfer efficiency provided
that the baseline transfer efficiency is greater than 65%, and the transfer efficiency test
method is detailed in the emission control plan (310 CMR 7.18(20)) approved by the
Department.
(h) Recordkeeping Requirements. Any person who owns, leases, operates or controls a
wood products surface coating line(s) subject to 310 CMR 7.18(23)(a) shall prepare and
maintain daily records sufficient to demonstrate compliance consistent with the applicable
averaging time as stated in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance
shall be kept on site for five years and shall be made available to representatives of the
Department and EPA in accordance with the requirements of an approved emission control
plan (310 CMR 7.18(20) or upon request. Such records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed;
6. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(i) Testing Requirements. Any person who owns, leases, operates or controls a wood
products surface coating line(s) subject to 310 CMR 7.18(23)(a) shall, upon request of the
Department, perform or have performed tests to demonstrate compliance with 310 CMR
7.18(23). Testing shall be conducted in accordance with EPA Method 24 and/or Method 25
as described in CFR Title 40 Part 60, or by other methods approved by the Department and
EPA.

(24) Flat Wood Paneling Surface Coating.

(a) Applicability.
1. On or after January 1, 1994, and prior to March 9, 2020, 310 CMR 7.18(24)(d)1. and
(f) through (h) apply to any person who owns, leases, operates or controls a flat wood
paneling surface coating line(s) which emits, before the application of air pollution
control equipment, equal to or greater than 15 pounds per day of volatile organic
compounds (VOC).
2. On and after March 9, 2020, any person who owns, leases, operates, or controls flat
wood paneling surface coating operations and related cleaning operations which emit,
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 shall comply with 310 CMR 7.18(24)(c),
(d)2., and (f) through (h).
3. On or after March 9, 2018, any person who owns, leases, operates, or controls flat
wood paneling surface coating operations and related cleaning operations which emit,
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 shall comply with the work practices of
310 CMR 7.18(24)(e) for coating and cleaning operations.
(b) Exemptions.
1. The requirements of 310 CMR 7.18(24)(d)1. do not apply to:
a. any person subject to 310 CMR 7.18(24)(a)1. who is able to demonstrate to the
Department that, since January 1, 1990, the flat wood paneling surface coating line(s)
have not, in total, emitted, before the application of air pollution control equipment,
greater than or equal to 15 pounds per day of volatile organic compounds; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

b. provided the person obtains and complies with a federally enforceable emission
limit which restricts the potential emissions to below 15 pounds per day; and
c. provided the person complies with the requirements of 310 CMR 7.18(24)(h).
2. The requirements of 310 CMR 7.18(24) do not apply to any person subject to
310 CMR 7.18(24)(a)1. who, according to the Department, has complied with 310 CMR
7.18(17) prior to January 1, 1993.
(c) Extensions. Any person subject to 310 CMR 7.18(24)(a)2. may apply in writing to the
Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(24)(a)2. by complying with 310 CMR 7.18(24)(f). The Department will consider a
nonrenewable extension of the deadline in 310 CMR 7.18(24)(a)2. for persons applying
under 310 CMR 7.18(24)(c) until no later than March 9, 2021, provided the emission control
plan submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition
to those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(24)(d).
(d) Reasonably Available Control Technology Requirements.
1. Any person subject to 310 CMR 7.18(24)(a)1. shall comply with the emissions limits
in Table 310 CMR 7.18(24)(d)1. If more than one emission limitation applies then the
coating must comply with the least stringent emission limitation.

Table 310 CMR 7.18(24)(d)1.

RACT Emission Limitations for Flat Wood Paneling Surface Coating
Emission Source Emission Limitation
(lbs VOC/1000 square feet
coated)
Printed hardwood panels and thin particleboard 6.0
panels
Natural finish hardwood plywood panels 12.0
Class II finish on hardboard panels 10.0

2. Any person subject to 310 CMR 7.18(24)(a)2. shall limit VOC emissions by using
only coatings having a VOC content no greater than the emission limitations in Table
310 CMR 7.18(24)(d)2. (low-VOC coatings to meet the mass of VOC per volume of
coating less water and exempt compounds, as-applied, limits, or low-VOC coatings or
a combination of coatings and add-on control equipment on a coating unit to meet the
mass of VOC per volume of coating solids limits) or by complying with the requirement
in 310 CMR 7.18(24)(d)3.

Table 310 CMR 7.18(24)(d)2.

RACT Emission Limitations for Flat Wood Paneling Surface Coating
Surface Coatings Applied to the Mass of VOC per volume of Mass of VOC per volume
Following Flat Wood Paneling coating less water and exempt of coating solids, as applied
Categories compounds, as applied
lb/gal coating grams/l coating lb/gal grams/l
solids solids
Printed interior panels made of
hardwood, plywood, or thin
particleboard;
Natural finish hardwood plywood
2.1 250 2.9 350
panels;
Class II finish on hardboard panels;
Tileboard;
Exterior siding
7.18: continued
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

3. Any person may achieve an overall VOC control efficiency of at least 90% by weight
using add-on air pollution capture and control equipment instead of complying with the
requirements of 310 CMR 7.18(24)(d)2.
(e) Work Practices for Coating and Cleaning Operations. Any person subject to 310 CMR
7.18(24) shall comply with the work practices of 310 CMR 7.18(31)(e).
(f) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(24)(a)1. or 2. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(24)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(24)(a)2. who chooses to apply for an extension
under 310 CMR 7.18(24)(c) shall comply with 310 CMR 7.18(20).
(g) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(24)(a) shall
prepare and maintain records sufficient to demonstrate compliance consistent with 310
CMR 7.18(2). Records kept to demonstrate compliance shall be kept on site for five years
and shall be made available to representatives of the Department and EPA in accordance with
the requirements of an approved emission control plan pursuant to 310 CMR 7.18(20) or
upon request. Such records shall include, but are not limited to:
1. identity, quantity, formulation and density of coating(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any coating(s) used;
4. actual operational and emissions characteristics of the coating line and any
appurtenant emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(h) Testing Requirements. Any person subject to 310 CMR 7.18(24)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(24). Testing shall be conducted in accordance with EPA Method 24 or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(25) Offset Lithographic Printing and Letterpress Printing.

(a) Applicability.
1. On or after January 1, 1994, any person who owns, leases, operates or controls a
facility with offset lithographic presses which, in total, have the potential to emit, before
the application of air pollution control equipment, equal to or greater than 50 tons per
year of volatile organic compounds (VOC) shall comply with 310 CMR 7.18(25)(d)
through (k) and (m) through (p). On or after March 9, 2020 any person subject to
310 CMR 7.18(25)(a)1. shall comply with 310 CMR 7.18(25)(l) and is no longer subject
to 310 CMR 7.18(25)(e) or (f).
2. On or after March 9, 2020, any person who owns, leases, operates or controls a
heatset web offset lithographic printing press or a heatset web letterpress printing press,
which has the potential to emit, before any application of add-on air pollution capture and
control equipment, equal to or greater than 25 tons per rolling 12 month period of VOC
from petroleum heatset inks, shall comply with 310 CMR 7.18(25)(d), (l) and (n) through
(p).
3. On or after March 9, 2020, any person who owns, leases, operates or controls offset
lithographic printing operations and related cleaning operations, which emit, 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 shall comply with 310 CMR 7.18(25)(d), (g)
through (k), (o), and (p).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

4. On or after March 9, 2018, any person who owns, leases, operates or controls offset
lithographic printing operations and related cleaning operations, or letterpress printing
operations and related cleaning operations, which emit, 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 shall comply with 310 CMR 7.18(25)(m).
(b) Reasonably Available Control Technology Requirements. [Reserved.]
(c) Exemptions.
1. The requirements of 310 CMR 7.18(25)(a)1., with the exception of 310 CMR
7.18(25)(l), do not apply to:
a. i. any person subject to 310 CMR 7.18(25)(a)1. who is able to demonstrate to
the Department that, since January 1, 1990, the offset lithographic presses have
not, in total, emitted, before the application of air pollution control equipment,
greater than or equal to 50 tons per year of volatile organic compounds; and
ii. provided the person obtains and complies with a federally enforceable
emission limit which restricts the potential emissions of the offset lithographic
presses to below 50 tons per year; and,
iii. provided the person complies with 310 CMR 7.18(25)(k), (m), and (p).
b. any person subject to 310 CMR 7.18(25) (a)1. who, according to the Department,
has complied with 310 CMR 7.18(17) prior to January 1, 1993.
2. The requirements of 310 CMR 7.18(25)(a)2. do not apply provided:
a. the person obtains and complies with a federally enforceable emission limitation
which restricts the potential emissions of the heatset press to below 25 tons per year;
b. the person is using the heatset press for book printing; or
c. the person is using a heatset press with a maximum web width of 22 inches or
less.
3. The requirements of 310 CMR 7.18(25)(a)3. do not apply provided:
a. the person is using a press that has a total fountain solution reservoir of less than
one gallon; or
b. the person is using a press that is sheet-fed and has a maximum sheet size of 11
by 17 inches or smaller.
4. Any person subject to 310 CMR 7.18(25)(a)1. or 4. may use up to 110 gallons per
rolling 12-month period of cleaning materials that do not meet 310 CMR 7.18(25)(m)2.
(d) Extensions.
1. Any person subject to 310 CMR 7.18(25)(a)2. or 3. may apply in writing to the
Department for a non-renewable extension of the implementation deadline in 310 CMR
7.18(25)(a)2. or 3. by complying with 310 CMR 7.18(25)(n).
2. The Department will consider a non-renewable extension of the deadline in 310 CMR
7.18(25)(a)2. or 3. for persons applying under 310 CMR 7.18(25)(d) until no later than
March 9, 2021, provided the emission control plan submitted for approval under 310
CMR 7.18(20) meets the following criteria in addition to those of 310 CMR 7.18(20):
a. Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
b. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by
a Toxics Use Reduction Planner certified under M.G.L. c. 21I and 310 CMR 50.50
through 50.63;
c. the emission control plan proposes to reduce emissions or natural asset use, from
the process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and,
d. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(25)(l) for persons subject to 310 CMR 7.18(25)(a)2. and 310 CMR
7.18(25)(g) through (k) for persons subject to 310 CMR 7.18(25)(a)3.
(e) Heatset Offset Lithographic Requirements. Any person subject to 310 CMR
7.18(25)(a)1. who owns, leases, operates, or controls a heatset offset lithographic printing
press which is equipped with an air pollution control device used to reduce VOC emissions,
and which device was installed on or before November 1, 1992 shall either:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1. reduce VOC emissions from the dryer exhaust vent by 85% weight; or,
2. maintain a maximum exhaust VOC concentration of 20 parts per million by volume
(ppmv) of non-methane hydrocarbons as carbon in the control device exhaust, whichever
is less stringent.
(f) Heatset Offset Lithographic Requirements. Any person subject to 310 CMR
7.18(25)(a)1. who owns, leases, operates, or controls a heatset offset lithographic printing
press which is equipped with an air pollution control device used to reduce VOC emissions,
and which device was installed after November 1, 1992 shall either:
1. reduce VOC emissions from the dryer exhaust vent by 90% weight; or,
2. maintain a maximum exhaust VOC concentration of 20 parts per million by volume
(ppmv) of non-methane hydrocarbons as carbon in the control device exhaust, whichever
is less stringent.
(g) Sheet-fed Offset Lithographic Requirements. Any person subject to 310 CMR
7.18(25)(a)1. or 3. who owns, leases, operates, or controls a sheet-fed offset lithographic
press, and who uses alcohol in the fountain solution, shall:
1. maintain a VOC concentration of 5% or less by weight, as applied, in the fountain
solution; or,
2. maintain a VOC concentration of 8% or less by weight, as applied, in the fountain
solution, and refrigerate the fountain solution to a temperature below 60/F.
(h) Heatset Web-fed Offset Lithographic Requirements. Any person subject to 310 CMR
7.18(25)(a)1. or 3., who owns, leases, operates, or controls a heatset web-fed offset
lithographic press which uses alcohol in the fountain solution, shall:
1. Maintain a VOC concentration of 1.6% or less by weight, as applied, in the fountain
solution; or,
2. Maintain a VOC concentration of 3% or less by weight, as applied, in the fountain
solution, and refrigerate the fountain solution to a temperature below 60/F.
(i) Non-heatset Web-fed Offset Lithographic Printing Requirements. Any person subject
to 310 CMR 7.18(25)(a)1. or 3., who owns, leases, operates, or controls a non-heatset web-
fed offset lithographic printing press, shall use zero percent alcohol in the fountain solution,
and shall maintain a total VOC concentration in the fountain solution of 2.5% or less by
weight.
(j) Alcohol Substitute Requirements. Any person subject to 310 CMR 7.18(25)(a)1. or 3.,
who owns, leases, operates, or controls an offset lithographic press with fountain solution
with alcohol substitutes, containing a concentration of VOC in the fountain solution at 3.0%
by weight or less, shall be considered in compliance with the VOC emission limitations for
fountain solutions contained in 310 CMR 7.18(25).
(k) Fountain Solution Mixing Requirements. Any person subject to 310 CMR 7.18(25),
who owns, leases, operates, or controls an offset lithographic press shall keep the fountain
solution mixing tanks covered, except for necessary operator access.
(l) Heatset Web Offset Lithographic Printing Press and Heatset Web Letterpress Printing
Press Requirements. Any person subject to 310 CMR 7.18(25)(a)2. who owns, leases,
operates, or controls a heatset web offset lithographic printing press or a heatset web
letterpress printing press, shall comply with 310 CMR 7.18(25)(l)1.a. or b. or 310 CMR
7.18(25)(l)2.
1. Press control requirements.
a. A heatset dryer controlled by an air pollution control device whose first
installation date was prior to March 9, 2020 shall achieve at least 90% VOC control
efficiency by weight.
b. A heatset dryer controlled by an air pollution control device whose first
installation date was on or after March 9, 2020 shall achieve at least 95% VOC
control efficiency by weight.
2. The maximum control device exhaust VOC concentration shall be 20 parts per
million by volume dry basis (ppmvd) of VOC as hexane.
(m) Work Practices and Emission Limitations for Printing and Cleaning Operations. Any
person subject to 310 CMR 7.18(25), who owns, leases, operates, or controls an offset
lithographic press or letterpress printing press, and who uses cleaning solutions containing
VOC to wash ink from the blanket or other accessible press components shall meet the
following criteria:
1. Any person subject to 310 CMR 7.18(25) shall comply with the work practices of
310 CMR 7.18(31)(e).
2 Any person subject to 310 CMR 7.18(25) shall only use cleanup solutions that either:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

a. do not exceed 70% by weight VOC; or

b. have a VOC composite partial pressure of ten mmHg or less at 20/C (68/F)
(n) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(25)(a)1., 2. or 3. who chooses to install add-on
air pollution capture and control equipment to comply with 310 CMR 7.18(25)(e), (f),
or (l) shall submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(25)(a)2. or 3. who chooses to apply for an
extension under 310 CMR 7.18(25)(d) shall comply with 310 CMR 7.18(20).
(o) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(25)(a) shall
prepare and maintain records sufficient to demonstrate compliance with 310 CMR 7.18(2).
Records kept to demonstrate compliance shall be kept onsite for five years and shall be made
available to representatives of the Department or EPA upon request. Such records shall
include, but are not limited to:
1. Identity, formulation (as determined by the manufacturer's formulation data), density,
and quantity for each VOC containing material used, including but not limited to:
a. alcohol;
b. alcohol substitutes;
c. fountain concentrate;
d. printing Ink; and
e. cleaning Solution.
2. For heatset offset lithographic printing presses and heatset offset letterpress printing
presses using emissions control equipment, the recordkeeping requirements specified in
310 CMR 7.18(2)(e);
3. For offset lithographic printing presses the percent of VOC by weight in the fountain
solution as monitored whenever new fountain solution is mixed, alcohol is added to the
fountain solution;
4. For offset lithographic printing presses subject to the refrigeration requirements of
310 CMR 7.18(25)(g) or (h), the temperature of the fountain solution as recorded on a
once per shift basis;
5. Total VOC content of each material used for each printing press subject to 310 CMR
7.18(25) (sum of 310 CMR 7.18(25)(o)1.a. through e.);
6. Total VOC content of all materials used for all printing presses subject to 310 CMR
7.18(25) (sum of 310 CMR 7.18(25)(o)5. for all printing presses); and,
7. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(p) Testing Requirements. Any person subject to 310 CMR 7.18(25)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(25). Testing shall be conducted in accordance with EPA Method 24, Method
25 or Method 25A as described in CFR Title 40 Part 60, or by other methods approved by
the Department and EPA. EPA Method 25A shall be used when:
1. An exhaust concentration of less than or equal to 50 parts per million by volume
(ppmv) as carbon is required to comply with the applicable limitation;
2. The inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. The high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.

(26) Textile Finishing.

(a) Applicability. 310 CMR 7.18(26) applies in its entirety to any person who owns, leases,
operates or controls a textile finishing facility which has the potential to emit, before the
application of air pollution control equipment, equal to or greater than 50 tons per year of
volatile organic compounds.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

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 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(b) Reasonably Available Control Technology Requirements. On or after January 1, 1994,

unless exempted by 310 CMR 7.18(26)(c), or granted a non-renewable extension by the
Department under 310 CMR 7.18(26)(d), no person subject to 310 CMR 7.18(26)(a) shall
cause, suffer, allow or permit emissions of volatile organic compounds in excess of the
emission limitations set forth in 310 CMR 7.18(26)(e).
(c) Exemptions. The requirements of 310 CMR 7.18(26)(b) do not apply to:
1. a. any person subject to 310 CMR 7.18(26)(a) who is able to demonstrate to the
Department that, since January 1, 1990, the textile finishing facility has not emitted,
before the application of air pollution control equipment, greater than or equal to 50
tons per years of volatile organic compounds; and
b. provided the person and complies with a federally enforceable emission limit
which restricts the potential emissions to below 50 tons per year; and,
c. provided the person complies with 310 CMR 7.18(26)(i).
2. any person subject to 310 CMR 7.18(26)(a) who, according to the Department, has
complied with 310 CMR 7.18(17) prior to January 1, 1993.
(d) Extensions.
1. Any person subject to 310 CMR 7.18(26)(a) may apply in writing to the Department
for a non-renewable extension of the implementation deadline. The person must apply
to the Department for the extension at the same time the person submits the emission
control plan required by 310 CMR 7.18(20).
2. The Department will consider a non-renewable extension of the deadline in 310 CMR
7.18(26)(a) until no later than January 1, 1995, provided the emission control plan
submitted for approval meets the following criteria in addition to those of 310 CMR
7.18(20):
a. the emission control plan proposes to reduce emissions through toxics use
reduction techniques as defined in M.G.L. c. 21I; and,
b. the toxics use reduction techniques contained in the emission control plan are
approved by a Toxics Use Reduction Planner certified under M.G.L. c. 21I; (this may
be an employee at the facility who is certified as Toxics Use Reduction Planner); and,
c. implementation of the plan must meet the emission limitations of 310 CMR
7.18(26)(e) or achieve an 85% emissions reduction, whichever is greater, through
toxics use reduction techniques, as calculated on a mass of VOC emitted per gallon
of solids as applied or per unit of production; and,
d. the emission control plan must also contain contingency measures to meet the
RACT emission limits of 310 CMR 7.18(26)(e); such measures must automatically
take effect if the emissions reductions achieved through toxics use reduction
techniques do not satisfy 310 CMR 7.18(26)(e) or achieve an 85% reduction.
(e) RACT Emission Limitations.
1. No person who owns, leases, operates, or controls a rotary screen or roller printing
press subject to 7.18(26)(a) shall use a print paste formulation containing greater than 0.5
pound of VOC per pound of solids, as applied.
2. No person who owns, leases, operates, or controls a final finish application line
subject to 7.18(26)(a) shall use a finish formulation containing greater than 0.5 pound
VOC per pound of solids, as applied.
(f) Plan Submittal Requirement. Any person subject to 310 CMR 7.18(26)(a) must submit
an emission control plan, and have the plan approved by the Department under 310 CMR
7.18(20).
(g) Continuous Compliance. Any person subject to 310 CMR 7.18(26)(a) shall maintain
continuous compliance at all times with their approved emission control plan. Compliance
averaging times will be met in accordance with the requirements of 310 CMR 7.18(2)(a).
(h) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(26)(a) shall
maintain records sufficient to demonstrate compliance. Records kept to demonstrate
compliance shall be kept on site for five years and shall be made available to representatives
of the Department or EPA upon request. Such records shall include, but are not limited to:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1. identity, quantity, formulation, solids content, and density of VOC containing

materials used, including but not limited to:
a. print pastes
b. dyeing formulations
c. finishing formulations
d. clean up solvents;
2. actual operational and emissions characteristics of the textile finishing process
equipment and any appurtenant emissions capture and control equipment;
3. quantity of textile processed; and
4. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(i) Testing Requirements. Any person subject to 310 CMR 7.18(26)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with 310
CMR 7.18(26). Testing shall be conducted in accordance with EPA Method 24 and/or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA.

(27) Coating Mixing Tanks.

(a) Applicability. On or after January 1, 1994, no person who owns, leases, operates, or
controls a coating mixing tank which emits, before the application of air pollution control
equipment, 15 pounds of volatile organic compounds per day shall cause, suffer, allow or
permit emissions therefrom, unless the person complies with the standards set forth in 310
CMR 7.18(27)(b) and (c).
(b) Portable Coating Mixing Tank Requirements.
1. Any person subject to 310 CMR 7.18(27)(a) shall keep any portable coating mixing
tanks which emits, before application of air pollution control equipment, 15 pounds per
day of volatile organic compounds, covered with a lid or other method approved by the
Department, except to add ingredients, take samples, or perform maintenance.
2. A lid used to comply with 310 CMR 7.18(27)(b)1. shall:
a. extend at least 0.5 inch beyond the outer rim of the tank or be attached to the rim
of the tank; and,
b. be maintained so that when in place, the lid maintains contact with the rim of the
portable coating mixing tank for at least 90% of the rim's circumference; and,
c. if necessary, have an opening to allow for insertion of a mixer shaft, which
opening shall be covered after insertion of the mixer, except to allow adequate
clearance for the mixer shaft.
(c) Stationary Coating Mixing Tank Requirements.
1. Any person subject to 310 CMR 7.18(27)(a) shall keep any stationary coating mixing
tank, which emits, before application of air pollution control equipment, 15 pounds per
day of volatile organic compounds, covered with a lid or other method approved by the
Department, except to add ingredients, take samples, or perform maintenance.
2. A lid used to comply with 310 CMR 7.18(27)(c)1. shall:
a. extend at least 0.5 inch beyond the outer rim of the tank or be attached to the rim
of the tank; and,
b. be maintained so that when in place, the lid maintains contact with the rim of the
portable coating mixing tank for at least 90% of the rim's circumference; and,
c. if necessary, have an opening to allow for insertion of a mixer shaft, which
opening shall be covered after insertion of the mixer, except to allow adequate
clearance for the mixer shaft.
(d) Plan Submittal Requirement. Any person subject to 310 CMR 7.18(27)(a), who is:
1. not subject to any other section of 310 CMR 7.18, excluding 310 CMR 7.18(1) and
(2); and,
2. who owns, leases, operates or controls a coating mixing tank facility with the
potential to emit 50 tons per year of VOC, must submit an emission control plan, and
have the plan approved by the Department under 310 CMR 7.18(20). Any person subject
to 310 CMR 7.18(27)(a) who does not meet the two above conditions, is not required to
submit an emission control plan for approval under 310 CMR 7.18(20).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(e) Continuous Compliance. Any person subject to 310 CMR 7.18(27)(a) shall maintain
continuous compliance at all times.
(f) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(27)(a) shall
maintain records sufficient to demonstrate compliance. Records kept to demonstrate
compliance shall be kept on site for five years, and shall be made available to representatives
of the Department or EPA upon request. Such records shall include, but are not limited to:
1. the date and description of any repair or replacement of a mixing tank lid.
2. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.

(28) Automotive Refinishing.

(a) Applicability. 310 CMR 7.18(28) applies to any person who sells, offers for sale, or
manufactures automotive refinishing coatings for sale in Massachusetts, or who owns, leases,
operates or controls an automotive refinishing facility.
(b) Reasonably Available Control Technology (RACT) Requirements.
1. On or after August 1, 1995, no person subject to 310 CMR 7.18(28)(a) who
manufactures automotive refinishing coatings, shall manufacture automotive refinishing
coatings for sale in Massachusetts which, when prepared for use according to the
manufacturer's instructions, contain VOC in excess of the limitations set forth in 310
CMR 7.18(28)(c).
2. On or after August 1, 1995, no person subject to 310 CMR 7.18(28)(a) who
manufactures automotive refinishing coatings, shall manufacture automotive refinishing
coating for sale in Massachusetts unless the person complies with 310 CMR 7.18(28)(d)
and (k).
3. No person shall sell or offer for sale any automotive refinishing coating manufactured
after August 1, 1995, unless the coating satisfies the VOC limitations and labeling
requirements specified in 310 CMR 7.18(28)(c) and (d), respectively.
4. On or after August 1, 1995, no person who owns, leases, operates, or controls an
automotive refinishing facility shall refinish a vehicle or any part thereof unless the
person complies with the standards set forth in 310 CMR 7.18(28)(e) through (h), and
any coatings used, which are manufactured after August 1, 1995, satisfy the requirements
specified in 310 CMR 7.18(28)(c) and (d).
(c) RACT Emission Limits. No person subject to 310 CMR 7.18(28)(a) shall manufacture
for sale in Massachusetts, sell, offer for sale, or apply coatings in Massachusetts which
exceed the VOC emission limitations in Table 7.18(28)(c), expressed as pounds of VOC per
gallon of coating and grams of VOC per liter of coating, excluding water and exempt
solvents. If a coating requires the addition of a reducer, hardener, or other additive, in some
combination, the manufacturer's recommended amount(s) of reducer, hardener, or other
additive added must not cause the coating, as applied, to exceed the applicable VOC
limitation.
TABLE 7.18(28)(c)
RACT Emission Limitations for Automotive Refinishing Products

Coating Type VOC Emission Limitation

grams/liter lbs/gal

Pretreatment Wash Primer 780 6.5

Primer/Primer Surfacer 575 4.8
Primer Sealer 550 4.6
Single-stage Topcoat 600 5.0
Two-stage Topcoat 600 5.0
Three or Four-Stage Topcoat 620 5.2
Specialty Coating 840 7.0

(d) Labeling Requirements. No person subject to 310 CMR 7.18(28)(a) shall manufacture
for sale in Massachusetts, sell, offer for sale, or apply automotive refinishing coatings
manufactured after August 1, 1995 in Massachusetts unless:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1. the containers for all subject automotive refinishing coatings display the month and
year on which the contents were manufactured, or a batch number or code which
indicates whether the contents were manufactured after August 1, 1995. The
manufacturer shall supply an explanation of each code to the Department by August 1,
1995, and thereafter, 30 days before the use of any new code; and
2. the manufacturer provides written instructions for the preparation of all subject
automotive refinishing coatings on containers, packaging, or in accompanying literature
which includes, but is not limited to, data sheets and wall charts.
3. the facility owner or operator maintains, in the automotive refinishing facility, the
manufacturer's written instructions for the preparation of all subject coatings.
(e) Alternative Control Requirements. The emission limitations in 310 CMR 7.18(28)(c)
shall not apply to any person who owns, leases, operates, or controls an automotive
refinishing facility who installs and operates an emissions control system which has received
written approval after submitting an emission control plan pursuant to 310 CMR 7.18(20).
No such approval shall be issued unless the VOC emissions from coating use at such facility
are determined to be less than or equal to those limits specified in Table 7.18(28)(c).
(f) Good Housekeeping Requirements. In order to minimize solvent evaporation, any
person subject to 310 CMR 7.18(28)(a), who owns, leases, operates, or controls an
automotive refinishing facility shall:
1. use a surface preparation product containing less than or equal to 1.67 pounds of
VOC per gallon of product as applied, including water to clean non-plastic surfaces; and,
2. use a surface preparation product containing less than or equal to 6.5 pounds of VOC
per gallon as applied, to clean plastic surfaces, and,
3. ensure that rags used during surface preparation or other solvent cleaning operations,
fresh and spent solvent, coatings, and sludge are stored in tightly closed containers and
are disposed of or recycled properly.
(g) Equipment Requirements. Any person who is subject to 310 CMR 7.18(28)(a), who
owns, leases, operates, or controls an automotive refinishing facility shall comply with the
following requirements in addition to 310 CMR 7.18(28)(c) through (f).
1. Coatings must be applied using one of the following methods:
a. High Volume Low Pressure (HVLP) spray equipment, operated and maintained
in accordance with the manufacturer's recommendations;
b. Electrostatic application equipment, operated and maintained in accordance with
the manufacturer's recommendations;
c. Any other coating application method approved by the Department in writing.
2. Spray guns must be cleaned in a device that:
a. minimizes solvent evaporation during the cleaning, rinsing, and draining
operations;
b. recirculates solvent during the cleaning operation so that the solvent is reused;
and,
c. collects spent solvent so that it is available for proper disposal or recycling.
(h) Training Requirements. Any person who owns, leases, operates, or controls an
automotive refinishing facility shall ensure that, on and after November 1, 1995, all spray
equipment operators have received training and instruction in the proper operation and
maintenance of the spray equipment and spray equipment cleaning device.
(i) Prohibition of Specification. A person shall not solicit or require for use or specify the
application of a coating on a vehicle, or part thereof, if such use or application results in a
violation of the provisions of 310 CMR 7.00. The prohibition of 310 CMR 7.18 shall apply
to all written or oral contracts under the terms of which any coating which is subject to the
provisions of 310 CMR 7.00 is to be applied to any automotive or part thereof within
Massachusetts.
(j) Continuous Compliance. Any person subject to 310 CMR 7.18(28)(a) shall maintain
continuous compliance at all times with applicable sections. Compliance averaging times
will be met in accordance with the requirements of 310 CMR 7.18(2)(a).
(k) Compliance Certification Requirements. Each manufacturer of automotive refinishing
coatings subject to 310 CMR 7.18(28)(a) shall submit to the Department by August 1, 1995,
and biennially thereafter, or when requested in writing by the Department, a document which
certifies that each coating is in compliance with 310 CMR 7.00. The document shall include,
at a minimum for each surface preparation product or coating to be manufactured after
August 1, 1995, the following:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

1. Signature of the responsible official and the name and title of the designated contact
person;
2. Maximum VOC content, including water, of surface preparation products;
3. Coating brand name and category;
4. Coating mixing instructions as stated on the container or in literature supplied with
the coating;
5. Maximum VOC content of the coating after mixing according to manufacturer's
instructions;
6. Any other requirements specified by the Department.
(l) Testing Requirements. Any person subject to 310 CMR 7.18(28)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with 310
CMR 7.18(28). Testing shall be conducted in accordance with EPA Method 24 and/or
Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA.
(m) Good Neighbor Requirements. Any person subject to 310 CMR 7.18(28)(a) who owns,
leases, operates, or controls an automotive refinishing facility shall prevent emissions of
particulates or odors to the ambient air which create a nuisance or condition of air pollution.
(n) The provisions of 310 CMR 7.18(28)(m) are subject to the enforcement provisions
specified in 310 CMR 7.52.
(o) Exemptions.
1. The requirements of 310 CMR 7.18(28)(b) do not apply to:
a. stencil coatings.
b. b. coatings that are sold in nonrefillable aerosol containers.
2. The requirements of 310 CMR 7.18(28)(g) do not apply to touch-up coatings.
(p) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(28)(a) must
maintain purchase records of coatings and surface preparation products on a monthly basis.
The purchase records must be summarized and include:
1. each coating category, coating or coating component, and surface preparation product
as identified on the container,
2. the quantity of each coating, and surface preparation product, and
3. the VOC content (pounds per gallon) of each coating, and surface preparation
product, after mixing according to the manufacturer's instructions.
Records kept to demonstrate compliance must be kept on site for three years, and must be
made available to representatives of the Department upon request.

(29) Bakeries.
(a) Applicability: 310 CMR 7.18(29) applies in its entirety to any person who owns, leases,
operates or controls any bakery which has the potential to emit, before the application of air
pollution control equipment, equal to or greater than 50 tons per year of volatile organic
compounds.
(b) Reasonably Available Control Technology Requirements: On or after May 31, 1995,
unless exempted under 310 CMR 7.18(29)(c) or (d), no person subject to 310 CMR
7.18(29)(a) shall cause, suffer, allow or permit emissions from any bakery oven unless in
compliance with the requirements set forth in 7.18(29)(e).
(c) Exemption for Small Bakeries: The requirements of 310 CMR 7.18(29) do not apply to:
1. any person who is able to demonstrate to the Department that, since January 1, 1990,
the bakery has not emitted, before the application of air pollution control equipment,
greater than or equal to 50 tons per year of volatile organic compounds; and
2. provided the person obtains a permit restriction from the Department under 310 CMR
7.02(9) which restricts potential emissions to below 50 tons per year.
(d) Exemption for Small Ovens: Any individual baking oven (at an applicable facility)
which has not emitted since January 1, 1990, before application of air pollution control
equipment, greater than or equal to 25 tons of VOC in any calendar year, is exempt from the
requirements of 310 CMR 7.18(29)(e) and (f).
(e) RACT Requirement: Unless exempted under 310 CMR 7.18(29)(c), no person subject
to 310 CMR 7.18(29) shall operate a baking oven unless VOC emissions from such oven are
reduced 81% by weight.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(f) Plan Submittal Requirement: Any person who owns, leases, operates or controls a bakery
subject to the requirements of 310 CMR 7.18(29)(e) must submit an emission control plan
and have the plan approved by the Department in accordance with the schedule and
requirements of 310 CMR 7.18(20), except that bakeries subject to 310 CMR 7.18(29)(e) at
the time of promulgation shall submit an emission control plan by April 15, 1995.
(g) Recordkeeping Requirements: Any person operating a bakery applicable to 310 CMR
7.18(29) shall maintain records of operations necessary to demonstrate compliance. Such
records shall be retained in the owner's or operator's files for a period of not less than five
years and should include, but are not limited to:
1. Monthly records to determine emissions from each oven. Using the formula in EPA's
"Alternative Control Technology Document for Bakery Oven Emissions", dated
December 1992, or other formula approved by the Department and EPA, such records
would include:
a. formula number;
b. initial bakers yeast as percent of flour;
c. total yeast action time;
d. yeast spike as percent of flour;
e. spike time;
f. ethanol emission factor (lbs/ton);
g. production (tons of bread baked);
h. total ethanol emissions (tons).
2. Hourly (or continuous) records of control equipment operating parameters such as
temperature, pressure drop or other applicable parameters to assure continuous
compliance.
(h) Testing Requirements: Any person who owns, leases, operates or controls a bakery
subject to 310 CMR 7.18(29) shall, upon request of the Department, perform or have
performed tests to demonstrate compliance with 310 CMR 7.18(29). Testing shall be
conducted in accordance with EPA Methods 25, 25A, and/or 18 as described in CFR Title
40 Part 60, or by other methods approved by the Department and EPA.

(30) Adhesives and Sealants.

(a) Applicability.
1. Except as provided in 310 CMR 7.18(30)(a)2. through 5., 310 CMR 7.18(30) applies
to:
a. any person who, on or after January 1, 2015, manufactures any adhesive, sealant,
adhesive primer, or sealant primer for use in Massachusetts;
b. any person who, on or after September 1, 2015, sells, supplies, or offers for sale
any adhesive, sealant, adhesive primer, or sealant primer for use in Massachusetts;
and
c. any person who, on or after May 1, 2016, uses, applies, or solicits the use or
application of any adhesive, sealant, adhesive primer, or sealant primer in
Massachusetts.
2. 310 CMR 7.18(30) shall not apply to the use or application of any adhesive, sealant,
adhesive primer, or sealant primer by the homeowner(s), renter(s), or other resident(s)
at a private residence for personal use and not for a fee, compensation, or other financial
gain.
3. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, or offering for
sale of an adhesive, sealant, adhesive primer, or sealant primer provided that:
a. the adhesive, sealant, adhesive primer, or sealant primer is intended exclusively
for shipment and use or application outside of Massachusetts;
b. the manufacturer or distributor keeps records demonstrating that the adhesive,
sealant, adhesive primer, or sealant primer is intended exclusively for shipment and
use or application outside of Massachusetts; and
c. the manufacturer or distributor has taken reasonable precautions to assure that the
adhesive, sealant, adhesive primer, or sealant primer is not sold, supplied, or offered
for sale for use or application within Massachusetts.
4. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, offering for
sale, or the use or application of the following:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

a. adhesives, sealants, adhesive primers, and sealant primers that are subject to
310 CMR 7.25(12), Consumer Products;
b. adhesives and sealants that contain less than 20 grams of VOC per liter of
adhesive, or sealant, less water and less exempt compounds, as applied;
c. adhesives used in tire repair operations, provided the label of the adhesive states:
"For Tire Repair Only"; and
d. adhesives and adhesive primers, used in printing operations that are subject to
310 CMR 7.03(15), Non-heatset Offset Lithographic Printing; 310 CMR 7.03(19),
Flexographic, Gravure, Letterpress and Screen Printing; 310 CMR 7.18(12),
Packaging Rotogravure and Packaging Flexographic Printing; 310 CMR 7.18(25),
Offset Lithographic Printing and Letterpress Printing; and 310 CMR 7.26(20)
through (29), Environmental Results Program: Lithographic, Gravure, Letterpress,
Flexographic and Screen Printing.
5. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, or offering for
sale of the following:
a. cyanoacrylate adhesives;
b. adhesives, sealants, adhesive primers, or sealant primers that are used in
assembly, repair and manufacture of aerospace or undersea-based weapon systems
components;
c. adhesives, sealants, adhesive primers, or sealant primers that are used in
manufacture of medical equipment;
d. adhesives, sealants, adhesive primers, or sealant primers that are used in plaque
laminating operations in which adhesives are used to bond clear, polyester acetate
laminate to wood with lamination equipment installed prior to July 1, 1992; and
e. adhesives, sealants, adhesive primers, or sealant primers that are supplied or sold
by the manufacturer or distributor in containers with a net volume of 16 fluid ounces
or less, or a net weight of one pound or less. Plastic cement welding adhesives are
excluded from this exemption.
(b) Definitions. Terms used in 310 CMR 7.18(30) are defined at 310 CMR 7.00:
Definitions or in 310 CMR 7.18(30)(b). Where a term is defined in both 310 CMR 7.00:
Definitions and in 310 CMR 7.18(30)(b), the definition in 310 CMR 7.18(30)(b) shall apply.

ACRYLONITRILE-BUTADIENE-STYRENE OR ABS WELDING ADHESIVE means any

adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is
made by reacting monomers of acrylonitrile, butadiene and styrene.

ADHESIVE means any chemical substance that is applied for the purpose of bonding two
surfaces together other than by mechanical means.

ADHESIVE PRIMER means any product intended by the manufacturer for application to a
substrate, prior to the application of an adhesive, to enhance the bonding process.

AEROSOL ADHESIVE means an adhesive packaged as an aerosol product in which the spray
mechanism is permanently housed in a non-refillable can designed for handheld application
without the need for ancillary hoses or spray equipment.

AEROSPACE COMPONENT means the fabricated part, assembly of parts or completed unit
of any aircraft, helicopter, missile, or space vehicle, including passenger safety equipment.

ARCHITECTURAL SEALANT OR PRIMER means any sealant or sealant primer intended by

the manufacturer to be applied to stationary structures, including mobile homes and their
appurtenances. Appurtenances to a stationary structure include, but are not limited to: hand
railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and downspouts, and
windows.

AUTOMOTIVE GLASS ADHESIVE PRIMER means an adhesive primer labeled by the

manufacturer to be applied to automotive glass prior to installation of the glass using an
adhesive/sealant.

CARB means the California Air Resources Board.

CERAMIC TILE INSTALLATION ADHESIVE means any adhesive intended by the

manufacturer for use in the installation of ceramic tiles.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

CHLORINATED POLYVINYL CHLORIDE PLASTIC or CPVC PLASTIC means a polymer

of the vinyl chloride monomer that has undergone a post-polymerization chlorination process to
increase the chlorine content of the PVC polymer beyond its base chlorine content of 57%.
CPVC plastic is normally identified with a CPVC marking.

CHLORINATED POLYVINYL CHLORIDE WELDING ADHESIVE or CPVC WELDING

ADHESIVE means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic.

CLEANUP SOLVENT means a VOC-containing material used to remove a loosely held uncured
(i.e., not dry to the touch) adhesive or sealant from a substrate, or a VOC-containing material
used to clean equipment used in applying a material.

COMPUTER DISKETTE JACKET MANUFACTURING ADHESIVE means any adhesive

intended by the manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette
jacket.

CONTACT ADHESIVE means an adhesive that:

(a) is designed for application to two surfaces to be bonded together; and
(b) is allowed to dry before the two surfaces are placed in contact with each other; and
(c) forms an immediate bond that is impossible, or difficult, to reposition after both
adhesive-coated surfaces are placed in contact with each other; and
(d) does not need sustained pressure or clamping of surfaces after the adhesive-coated
surfaces have been brought together using sufficient momentary pressure to establish full
contact between both surfaces. Contact adhesive does not include rubber cements that are
primarily intended for use on paper substrates. Contact adhesive also does not include
vulcanizing fluids that are designed and labeled for tire repair only.

CONTROL TECHNIQUES GUIDELINES or CTG means the Control Techniques Guidelines

issued by EPA for Miscellaneous Industrial Adhesives, EPA-453/R-08-005, and published in the
Federal Register on October 7, 2008.

COVE BASE means a flooring trim unit, generally made of vinyl or rubber, having a concave
radius on one edge and a convex radius on the opposite edge that is used in forming a junction
between the bottom wall course and the floor or to form an inside corner.

COVE BASE INSTALLATION ADHESIVE means any adhesive intended by the manufacturer
to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.

CTG-AFFECTED FACILITY means a facility in which total actual uncontrolled VOC emissions
from all Miscellaneous Industrial Adhesive Application Processes, including related cleaning
activities, are equal to or greater than 6.8 kg/day (15 lb/day) or an equivalent level such as 3 tons
per 12-month rolling period.

CYANOACRYLATE ADHESIVE means any adhesive with a cyanoacrylate content of at least

95% by weight.

DISTRIBUTOR means any person to whom an adhesive, adhesive primer, sealants, or sealant
primer is sold or supplied for the purpose of resale or distribution in commerce, except that
manufacturers, retailers, and consumers are not distributors.

DRY WALL INSTALLATION means the installation of gypsum dry wall to studs or solid
surfaces using an adhesive formulated for that purpose.

EXEMPT COMPOUND means an organic compound that is excluded from the definition of
volatile organic compound in 310 CMR 7.00.

FIBERGLASS means a material consisting of extremely fine glass fibers.

FLEXIBLE VINYL means non-rigid polyvinyl chloride plastic.

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

INDOOR FLOOR COVERING INSTALLATION ADHESIVE means any adhesive intended

by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile,
vinyl backed carpet, resilient sheet and roll, or artificial grass. Adhesives used to install ceramic
tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate, such
as Flexible Vinyl, are excluded from this category.

LAMINATE means a product made by bonding together two or more layers of material.

LOW-SOLIDS ADHESIVE, SEALANT OR PRIMER means any product that contains 120
grams or less of solids per liter of material.

MANUFACTURER means any person who manufactures, processes, imports, assembles,

produces, packages, repackages, or re-labels a product.

MARINE DECK SEALANT or MARINE DECK SEALANT PRIMER means any sealant or
sealant primer labeled for application to wooden marine decks.

MEDICAL EQUIPMENT MANUFACTURING means the manufacture of medical devices,

such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy
tubes, blood oxygenators, and cardiatory reservoirs.

METAL TO URETHANE/RUBBER MOLDING OR CASTING ADHESIVE means any

adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or
molded rubber materials, in heated molding or casting processes.

MISCELLANEOUS INDUSTRIAL ADHESIVE APPLICATION PROCESS means a process

used at an industrial manufacturing or repair facility that is subject to the Control Technique
Guidelines (CTG) as defined in 310 CMR 7.18(30).

MULTIPURPOSE CONSTRUCTION ADHESIVE means any adhesive intended by the

manufacturer for use in the installation or repair of various construction materials, including but
not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and
acoustical tile.

NONMEMBRANE ROOF INSTALLATION/REPAIR ADHESIVE means any adhesive

intended by the manufacturer for use in the installation or repair of non-membrane roofs
including, but not limited to, plastic or asphalt roof cement, asphalt roof coating and cold
application cement. Nonmembrane roof installation/repair adhesive does not include adhesive
intended by the manufacturer for use in the installation or repair of prefabricated single-ply
flexible roofing membrane.

OUTDOOR FLOOR COVERING INSTALLATION ADHESIVE means any adhesive intended

by the manufacturer for use in the installation of floor covering that is not in an enclosure and
that is exposed to ambient weather conditions during normal use.

PANEL INSTALLATION means the installation of plywood, pre-decorated hardboard (or

tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to
studs or solid surfaces using an adhesive formulated for that purpose.

PERIMETER BONDED SHEET FLOORING INSTALLATION means the installation of sheet

flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied
only to a strip of up to four inches wide around the perimeter of the sheet flooring.

PLASTIC means any synthetic material chemically formed by the polymerization of organic
(carbon-based) substances. Plastics are usually compounded with modifiers, extenders, and/or
reinforcers and are capable of being molded, extruded, cast into various shapes and films or
drawn into filaments.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

PLASTIC CEMENT WELDING ADHESIVE means any adhesive intended by the manufacturer
for use to dissolve the surface of plastic to form a bond between mating surfaces. Plastic cement
welding adhesive does not include ABS welding, PVC welding, or CPVC welding adhesives.

PLASTIC CEMENT WELDING ADHESIVE PRIMER means any primer intended by the
manufacturer for use to prepare plastic substrates prior to bonding or welding.

PLASTIC FOAM means foam constructed of plastics.

PLASTICIZER means a material, such as a high boiling point organic solvent, that is incorpor-
ated into a vinyl to increase its flexibility, workability, or distensibility, as determined by the
applicable ASTM International test method or any other method approved by the Department and
EPA.

POLYVINYL CHLORIDE PLASTIC or PVC PLASTIC means a polymer of the chlorinated

vinyl monomer, which contains at least 57% chlorine.

POLYVINYL CHLORIDE WELDING ADHESIVE or PVC WELDING ADHESIVE means any

adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

POROUS MATERIAL means a substance that has tiny openings, often microscopic, in which
fluids may be absorbed or discharged, including, but not limited to, wood, paper and corrugated
paperboard. For the purposes of 310 CMR 7.18(30), porous material does not include wood.

REACTIVE ADHESIVE means adhesive systems composed, in part, of volatile monomers that
react during the adhesive curing reaction, and, as a result, do not evolve from the film during use.
These volatile components instead become integral parts of the adhesive through chemical
reaction. At least 70% of the liquid components of the system, excluding water, react during the
process.

REACTIVE DILUENT means a liquid that is a VOC during application and one in that, through
chemical and/or physical reactions, such as polymerization, 20% or more of the VOC becomes
an integral part of a finished material.

REINFORCED PLASTIC COMPOSITE means a composite material consisting of plastic

reinforced with fibers.

ROADWAY SEALANT means any sealant intended by the manufacturer for application to
streets, highways and other similar surfaces, including, but not limited to, curbs, berms,
driveways, and parking lots.

RUBBER means any natural or manmade rubber substrate, including, but not limited to,
styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber,
chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

SCAQMD means the South Coast Air Quality Management District of the State of California.

SEALANT means any material with adhesive properties that is formulated primarily to fill, seal,
waterproof or weatherproof gaps or joints between two surfaces. Sealants include caulks.

SEALANT PRIMER means any product intended by the manufacturer for application to a
substrate, prior to the application of a sealant, to enhance the bonding process.

SHEET RUBBER LINING INSTALLATION means the process of applying sheet rubber liners
by hand to metal or plastic substrates to protect the underlying substrate from corrosion or
abrasion. These operations also include laminating sheet rubber to fabric by hand.

SINGLE-PLY ROOF MEMBRANE means a prefabricated single sheet of compounded synthetic

material such as ethylene propylene diene monomer, polyvinyl chloride, thermal polyolefin, or
ketone ethylene ester that is applied in a single layer to a building roof.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

SINGLE-PLY ROOF MEMBRANE ADHESIVE PRIMER means any primer intended by the
manufacturer for use to clean and promote adhesion of the single-ply roof membrane seams or
splices prior to bonding.

SINGLE-PLY ROOF MEMBRANE INSTALLATION AND REPAIR ADHESIVE means any

adhesive intended and labeled by the manufacturer for use in the installation or repair of
single-ply roof membrane. Installation includes, at a minimum, attaching the edge of the
membrane to the edge of the roof and applying flashings to vents, pipes and ducts that protrude
through the membrane. Repair includes, but is not limited to, gluing the edges of torn membrane
together, attaching a patch over a hole and reapplying flashings to vents, pipes, or ducts installed
through the membrane.

SINGLE-PLY ROOF MEMBRANE SEALANT means any sealant intended by the manufacturer
for application to single-ply roof membrane.

SOLVENT means organic compounds that are used as diluents, thinners, dissolvers, viscosity
reducers, cleaning agents or other related uses.

STRUCTURAL GLAZING ADHESIVE means any adhesive intended by the manufacturer to

apply glass, ceramic, metal, stone, or composite panels to exterior building frames.

SUBFLOOR INSTALLATION means the installation of subflooring material over floor joists,
including the construction of any load bearing joists. Subflooring is covered by a finish surface
material.

SURFACE PREPARATION SOLVENT means any VOC containing material used to remove
dirt, oil and other contaminants from a substrate prior to the application of a primer, adhesive,
or sealant.

THIN METAL LAMINATING ADHESIVE means any adhesive intended by the manufacturer
for use in bonding multiple layers of metal to metal or metal to Plastic in the production of
electronic or magnetic components in which the thickness of the bond line(s) is less than 0.25
mils.

TIRE REPAIR means a process that includes expanding a hole, tear, fissure or blemish in a tire
casing by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber.

TIRE RETREAD ADHESIVE means any adhesive intended by the manufacturer for application
to the back of pre-cure tread rubber and to the casing and cushion rubber. Tire retread adhesive
may also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared
for a new tread.

TRAFFIC MARKING TAPE means pre-formed reflective film intended by the manufacturer for
application to streets, highways and other traffic-related surfaces, including, but not limited to
curbs, berms, driveways and parking lots.

TRAFFIC MARKING TAPE ADHESIVE PRIMER means any primer intended by the
manufacturer for application to surfaces prior to installation of traffic marking tape.

UNDERSEA-BASED WEAPONS SYSTEMS COMPONENTS means parts or completed units

of any portion of a missile launching system used on undersea ships.

WATERPROOF RESORCINOL GLUE means a two-part resorcinol-resin-based adhesive

designed for applications where the bond line must be resistant to conditions of continuous
immersion in fresh or salt water.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(c) VOC Emission Requirements.

1. Except as provided in 310 CMR 7.18(30)(a) and (d), on and after January 1, 2015,
no person shall manufacture for sale in Massachusetts any adhesive, sealant, adhesive
primer, or sealant primer that contains VOCs in excess of the applicable VOC content
limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2. The VOC content limits
specified in 310 CMR 7.18(30)(c): Table 1 and Table 2 apply to adhesives, sealants,
adhesive primers, and sealant primers as applied.
2. Except as provided in 310 CMR 7.18(30)(a) and (d), on and after September 1, 2015,
no person shall sell, supply, or offer for sale in Massachusetts any adhesive, sealant,
adhesive primer, or sealant primer that contains VOCs in excess of the applicable VOC
content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2. The VOC
content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2 apply to
adhesives, sealants, adhesive primers, and sealant primers as applied.
3. Except as provided in 310 CMR 7.18(30)(a), (c)7., and (d), on and after May 1, 2016,
no person shall use, apply, or solicit the use or application of any adhesive, sealant,
adhesive primer, or sealant primer in Massachusetts that contains VOCs in excess of the
applicable VOC content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2.
The VOC content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2 apply
to adhesives, sealants, adhesive primers, and sealant primers as applied.
4. The VOC content limits in 310 CMR 7.18(30)(c): Table 1 and Table 2 shall apply
as follows:
a. If an adhesive is used that is subject to a specific VOC content limit for such
adhesive in 310 CMR 7.18(30)(c): Table 1, such specific limit shall apply rather than
an adhesive-to-substrate limit specified in 310 CMR 7.18(30)(c): Table 2.
b. If an adhesive is used to bond dissimilar substrates together, the VOC limit for
the applicable substrate category in 310 CMR 7.18(30)(c): Table 2 with the highest
VOC content shall be the limit for such use.
5. No person subject to 310 CMR 7.18(30) shall:
a. use any surface preparation solvent that contains a VOC content equal to or
greater than 70 grams per liter of material except as provided in 310 CMR
7.18(30)(c)5.b. for single-ply roofing;
b. use any surface preparation solvent with a VOC composite vapor pressure,
excluding water and exempt compounds, equal to or greater than 45 millimeter
mercury (mm Hg) at 20/C for application of single-ply roofing;
c. use any material with a VOC composite vapor pressure equal to or greater than
45 mm Hg at 20/C for the removal of adhesives, sealants, adhesive primers, or
sealant primers from any surface except as provided in 310 CMR 7.18(30)(c)5.d.;
d. remove any adhesive, sealant, adhesive primer, or sealant primer from the parts
of spray gun equipment unless the operation is performed:
i. in an enclosed cleaning system, or equivalent cleaning system, which
minimizes solvent evaporation during the cleaning, rinsing, and draining
operations; and, collects the spent solvent in a container with a tight-fitting cover
so that it is available for reuse, recycling, or proper disposal; or
ii. using a solvent with a VOC content less than or equal to 70 grams of VOC
per liter of material; or
iii. when soaking parts containing dried adhesive, in a closed container that
remains closed except when adding or removing parts, and using a solvent with
a composite vapor pressure that does not exceed 9.5 mm Hg at 20/C excluding
water and exempt compounds.
6. At a CTG-affected facility, any person subject to the requirements in 310 CMR
7.18(30)(c ): Table 1 and Table 2 shall utilize one of the following application methods
in applying an adhesive, sealant, adhesive primer, or sealant primer:
a. electrostatic spray;
b. HVLP spray;
c. flow coat;
d. roll coat or hand application, including non-spray application methods similar to
hand or mechanically powered caulking gun, brush, or direct hand application;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

e. dip coat (including electrodeposition);

f. airless spray;
g. air-assisted airless spray;
h. any adhesive application method capable of achieving a transfer efficiency
equivalent to or better than that achieved by HVLP spraying.
7. Any person using or applying an adhesive, sealant, adhesive primer, or sealant primer
may comply with 310 CMR 7.18(30)(c)3. and 5. by using add-on air pollution control
equipment provided that the following requirements are met:
a. the VOC emissions from the use of all adhesives, sealants, adhesive primers, or
sealant primers that exceed the applicable limits in 310 CMR 7.18(30)(c): Table 1
and Table 2, and all surface preparation solvents and cleanup solvents are reduced
by an overall capture and control efficiency of at least 85%, by weight;
b. compliance with the requirements for emissions capture and control equipment
is demonstrated according to 310 CMR 7.18(2)(e);
c. operation records sufficient to demonstrate compliance with the requirements of
310 CMR 7.18(30)(c)7. are maintained as required by 310 CMR 7.18(30)(e); and
d. an emission control plan (ECP), pursuant to 310 CMR 7.18(20), is submitted to
the Department for approval.
8. Any person using or applying adhesives, sealants, adhesive primers, and sealant
primers, shall comply with the following work practices:
a. store all VOC-containing adhesives, sealants, adhesive primers, sealant primers,
process-related waste materials, and VOC-containing materials used for surface
preparation, cleaning, and rework in closed containers;
b. ensure that mixing and storage containers used for VOC-containing adhesives,
sealants, adhesive primers, sealant primers, process-related waste materials, and
VOC-containing materials used for surface preparation, cleaning and rework are kept
closed at all times except when depositing or removing these materials;
c. inimize spills of VOC-containing adhesives, sealants, adhesive primers, sealant
primers, process-related waste materials, and VOC-containing materials used for
surface preparation, cleaning, and rework;
d. convey VOC-containing adhesives, sealants, adhesive primers, sealant primers,
process-related waste materials, and VOC-containing materials used for surface
preparation, cleaning, and rework from one ___location to another in closed containers
or pipes;
e. minimize VOC emissions from cleaning of application, storage, mixing, and
conveying equipment by ensuring that:
i. equipment cleaning is performed without atomizing the cleanup solvent; and,
ii. all spent solvent is captured in closed containers; and
f. store and dispose of all absorbent materials, such as cloth or paper, that are
contaminated with VOC-containing adhesives, sealants, adhesive primers, sealant
primers, process-related waste materials, or VOC-containing materials used for
surface preparation, cleaning, and rework in non-absorbent containers that shall be
kept closed except when placing materials in or removing materials from the
container.
9. No person shall solicit, require the use of, or specify the use or application of any
adhesive, sealant, adhesive primer, or sealant primer if such use or application results in
a violation of any provision of 310 CMR 7.18(30)(c). The prohibition of 310 CMR
7.18(30)(c)9. shall apply to all contracts under which any adhesive, sealant, adhesive
primer, or sealant primer is to be used at any ___location in Massachusetts.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

310 CMR 7.18(30)(c): Table 1

VOC Content Limits for Adhesives, Sealants, Adhesive Primers, and Sealant Primers
Adhesive, Sealant, Adhesive Primer or Sealant Primer Category VOC Content Limit as Applied
(grams/liter*)
ADHESIVES
ABS Welding 4.00130850250e+59
Ceramic Tile Installation
Computer Diskette Jacket Manufacturing
Contact
Cove Base Installation
CPVC Welding
Indoor Floor Covering Installation
Metal to Urethane/Rubber Molding or Casting
Multipurpose Construction
Nonmembrane Roof Installation/Repair
Outdoor Floor Covering Installation
Perimeter Bonded Sheet Vinyl Flooring Installation
Plastic Cement Welding (Non ABS)
PVC Welding
Sheet Rubber Lining Installation
Single-ply Roof Membrane Installation/Repair
Structural Glazing
Thin Metal Laminating
Tire Retread
Waterproof Resorcinol Glue
SEALANTS
Architectural 250760300250450450
Marine Deck
Nonmembrane Roof Installation/Repair
Roadway
Single-ply Roof Membrane
Other
ADHESIVE PRIMERS
Automotive Glass 700650250150250
Plastic Cement Welding
Single-ply Roof Membrane
Traffic Marking Tape
Other
SEALANT PRIMERS
Non-porous Architectural 250775760750
Porous Architectural
Marine Deck
Other

* The VOC content is determined as the weight of volatile compounds, less water and exempt compounds,
as specified in 310 CMR 7.18(30)(f): Compliance Procedures and Test Methods.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

310 CMR 7.18(30)(c): Table 2

VOC Content Limit for Adhesives Applied to Particular Substrates

Substrate Category VOC Content Limit as Applied (grams/liter*)

Flexible Vinyl 2502003012020026000000
Fiberglass
Metal
Porous Material
Reinforced Plastic Composite
Rubber
Wood
Other Substrates

* The VOC content is determined as the weight of volatile compounds, less water and exempt
compounds, as specified in 310 CMR 7.18(30)(f): Compliance Procedures and Test Methods.

(d) Exemptions.
1. 310 CMR 7.18(30)(c)1. and 2. shall not apply to the manufacture, sale, supplying, or
offering for sale of an adhesive, sealant, adhesive primer, or sealant primer provided that:
a. the adhesive, sealant, adhesive primer, or sealant primer is for use in a facility that
utilizes add-on air pollution control equipment to achieve compliance pursuant to
310 CMR 7.18(30)(c)7.; and
b. the manufacturer, distributor, seller, supplier and person offering for sale keep
records demonstrating that the adhesive, sealant, adhesive primer, or sealant primer
is intended for use in a facility that utilizes add-on air pollution control equipment to
achieve compliance pursuant to 310 CMR 7.18(30)(c)7.
2. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, offering for
sale, or use of adhesives, sealants, adhesive primers, and sealant primers being tested or
evaluated in any research and development, quality assurance, or analytical laboratory,
except that the requirements of 310 CMR 7.18(30)(c)8. and (e)2. shall apply.
3. 310 CMR 7.18(30) shall not apply to the use or application of:
a. cyanoacrylate adhesives, except that the requirements of 310 CMR 7.18(30)(c)8.
shall apply;
b. adhesives, sealants, adhesive primers, and sealant primers that are sold or
supplied by the manufacturer or distributor in containers with a net volume of 16
fluid ounces or less, or a net weight of one pound or less, except that the
requirements of 310 CMR 7.18(30)(c)8. shall apply. This exemption shall not apply
to plastic cement welding adhesives.
c. adhesives, sealants, adhesive primers, and sealant primers that are used in the
assembly, repair, and manufacture of aerospace or undersea-based weapon systems
components, except that the requirements of 310 CMR 7.18(30)(c)8. shall apply;
d. adhesives, sealants, adhesive primers, and sealant primers that are used in the
manufacture of medical equipment, except that the requirements of 310 CMR
7.18(30)(c)8. shall apply; and
e. adhesives, sealants, adhesive primers, and sealant primers in plaque laminating
operations in which adhesives are used to bond clear, polyester acetate laminate to
wood with lamination equipment installed prior to July 1, 1992, except that the
requirements of 310 CMR 7.18(30)(c)8. shall apply.
4. 310 CMR 7.18(30)(c)3. and 5. shall not apply to the use or application of adhesives,
sealants, adhesive primers, and sealant primers at a facility in which the total
facility-wide VOC emissions from all adhesives, sealants, adhesive primers, and sealant
primers used are less than 200 pounds per calendar year, or an equivalent volume.
Any person claiming this exemption shall maintain sufficient monthly operational
records in accordance with 310 CMR 7.18(30)(e) to demonstrate compliance with this
exemption.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

5. 310 CMR 7.18(30)(c)3. and 5. shall not apply to the use or application of adhesives,
sealants, adhesive primers, and sealant primers at a facility in which the facility-wide
total volume of adhesives, sealants, adhesive primers, sealant primers, cleanup solvents,
and surface preparation solvents does not exceed 55 gallons per calendar year. Any
person claiming this exemption shall maintain sufficient monthly operational records in
accordance with 310 CMR 7.18(30)(e) to demonstrate compliance with this exemption.
(e) Recordkeeping Requirements.
1. Each person subject to 310 CMR 7.18(30) shall maintain records demonstrating
compliance with 310 CMR 7.18(30), including, but not limited to, the following
information:
a. for the manufacturer of any adhesive, sealant, adhesive primer, or sealant primer:
i. for each product, the product name, product category according to 310 CMR
7.18(30)(c): Table 1, and Table 2., the VOC content of each product as supplied,
and the type of product application;
ii. the volume of each product sold in Massachusetts in containers with a net
volume greater than 16 fluid ounces or a net weight of more than one pound;
iii. all records required pursuant to 310 CMR 7.18(30)(d)1.b.; and
iv. all records pertaining to compliance testing pursuant to 310 CMR
7.18(30)(h);
b. for any person who sells, supplies, or offers for sale any adhesive, sealant,
adhesive primer, or sealant primer:
i. for each product, the product name, product category according to 310 CMR
7.18(30)(c): Table 1, and Table 2., the VOC content of each product as supplied,
and the type of product application;
ii. the volume of each product sold in Massachusetts in containers with a net
volume greater than 16 fluid ounces or a net weight of more than one pound;
iii. all records required pursuant to 310 CMR 7.18(30)(d)1.b.; and
iv. any information required pursuant to 310 CMR 7.18(30)(e)2., if applicable;
c. for any person who uses, or applies any adhesive, sealant, adhesive primer, or
sealant primer:
i. a data sheet or materials list that provides the material name, product category
according to 310 CMR 7.18(30)(c): Table 1, and Table 2., manufacturer
identification, the VOC content of each product as supplied, and type of material
application;
ii. a list of each adhesive, sealant, adhesive primer, sealant primer, cleanup
solvent, and surface preparation solvent in use and in storage;
iii. a list of reducers, catalysts, or other components used and the as applied mix
ratio;
iv. the final VOC content of any adhesive, sealant, adhesive primer, or sealant
primer as applied;
v. the VOC content and vapor pressure, of any cleanup solvents, surface
preparation solvents, reducers and catalysts, and VOC-containing materials used
in the preparation, application, rework, and cleaning processes related to use or
application of any adhesive, sealant, adhesive primer, or sealant primer;
vi. the monthly volume of each adhesive, sealant, adhesive primer, sealant
primer, cleanup solvent, and surface preparation solvent used;
vii. for any person who complies with 310 CMR 7.18(30)(c)3. and 5. through
the use of add-on air pollution control equipment, the key operating parameters
for the control equipment, including but not limited to, the following information:
(i) the volume used per day of cleanup solvents, surface preparation
solvents, and each adhesive, sealant, adhesive primer, and sealant primer that
is subject to a VOC content limit specified in 310 CMR 7.18(30)(c): Table 1
and Table 2; and
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(ii) all records sufficient to demonstrate compliance with requirements

specified in 310 CMR 7.18(30)(c)7., (2)(e), and (20);
viii. all records pertaining to compliance testing pursuant to 310 CMR
7.18(30)(h); and
ix. the monthly total facility-wide VOC emissions from all adhesives, sealants,
adhesive primers, and sealant primers used or applied at any facility where a
person is claiming an exemption pursuant to 310 CMR 7.18(30)(d)4.
2. For adhesives, sealants, adhesive primers, and sealant primers exempted under
310 CMR 7.18(30)(d)2., the person supplying the adhesives, sealants, adhesive primers,
or sealant primers to the research and development, quality assurance, or analytical
laboratory for testing or evaluation shall maintain records of all such materials supplied,
including, but not limited to, the product name, the product category of the material, type
of application, the VOC content of each material, and the volume of products supplied
to the research and development, quality assurance, or analytical laboratory for testing
or evaluation.
3. All records required to demonstrate compliance with 310 CMR 7.18(30) shall be
maintained for three years from the date such record is created and shall be made
available to the Department upon request.
(f) Compliance Procedures And Test Methods.
1. VOC content (grams per liter and percent by weight) shall be determined according
to the following calculations:
a. For adhesives, sealants, adhesive primers, and sealant primers that do not contain
reactive diluents, grams of VOC per liter of material, less water and exempt
compounds, shall be calculated according to the following equation:

Grams of VOC per liter of material = (Ws - Ww - We) / (Vm - Vw - Ve)

Where:

Ws = weight of volatile compounds, in grams

Ww = weight of water, in grams

We = weight of exempt compounds, in grams

Vm = volume of material, in liters

Vw = volume of water, in liters

Ve = volume of exempt compounds, in liters

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

b. For adhesives, sealants, adhesive primers, and sealant primers that contain
reactive diluents, the VOC content of the material is determined after curing. The
grams of VOC per liter of material, less water and exempt compounds, shall be
calculated according to the following equation:

Grams of VOC per liter of material = (Wrs - Wrw - Wre) / (Vrm - Vrw - Vre)

Where:

Wrs = weight of volatile compounds not consumed during curing, in grams

Wrw = weight of water not consumed during curing, in grams

Wre = weight of exempt compounds not consumed during curing, in grams

Vrm = volume of material not consumed during curing, in liters

Vrw = volume of water not consumed during curing, in liters

Vre = volume of exempt compounds not consumed during curing, in liters

c. For clean-up solvents, surface preparation solvents, low-solids adhesives,

low-solids sealants, low-solids adhesive primers, and low-solids sealant primers,
grams of VOC per liter of material shall be calculated according to the following
equation:

Grams of VOC per liter of material = (Ws - Ww - We) / Vm

Where:

Ws = weight of volatile compounds, in grams

Ww = weight of water, in grams

We = weight of exempt compounds, in grams

Vm = volume of material, in liters

d. Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = (Wv / W) x 100

Where:

Wv = weight of VOCs, in grams

W = weight of material, in grams

2. The following tests and procedures shall be used to determine the properties of
adhesives, sealants, adhesive primers, sealant primers, cleanup solvents, and surface
preparation solvents, and any component thereof for the purpose of compliance
verification with 310 CMR 7.18(30):
a. Except as provided in 310 CMR 7.18(30)(f)2.c., and d., the VOC and solids
content of all non-aerosol adhesives, adhesive primers, sealants, sealant primers,
surface preparation solvents, and cleanup solvents shall be determined using U.S.
EPA Reference Method 24, as identified in 40 CFR 60: Appendix A, or SCAQMD
Method 304. The procedure for reactive adhesives in Appendix A of the NESHAP
for surface coating of plastic parts (40 CFR Part 63, Subpart PPPP) shall be used to
determine the VOC content of reactive adhesives.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

b. The volatile organic content of exempt compounds shall be determined using the
applicable ASTM International test method or any other method approved by the
Department and EPA
c. The VOC content of any plastic cement welding adhesive or plastic cement
welding primer shall be determined using SCAQMD Method 316A.
d. The amount of the VOC that becomes an integral part of the finished materials
shall be determined using SCAQMD Method 316A.
e. The composite vapor pressure of organic compounds in surface preparation
solvents and cleanup solvents shall be determined by quantifying the amount of each
compound in the blend using the applicable ASTM International gas
chromatographic analysis test method for organics and for water content, or any other
method approved by the Department and the EPA, and the following equation:

Where:

Ppc = VOC composite partial pressure at 20 C, in mm Hg

Wi = Weight of the "i"th VOC compound, in grams, as determined by the applicable

ASTM International test method or any other method approved by the
Department and EPA

Ww = Weight of water, in grams as determined by the applicable ASTM International test

method or any other method approved by the Department and EPA

We = Weight of the "i"th exempt compound, in grams, as determined by the applicable

ASTM International test method or any other method approved by the
Department and the EPA

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as given in
chemical reference literature

Mww = Molecular weight of water, 18 grams per g-mole

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given
in chemical reference literature

Vpi = Vapor pressure of the "i"th VOC compound at 20/C, in mm Hg, as determined
by 310 CMR7.18(30)(e)2.f.

f. The vapor pressure of each single component compound may be determined from
the applicable ASTM International test method, or any other method approved by the
Department and EPA, or may be obtained from any of the following sources:
i. the most recent edition of The Vapor Pressure of Pure Substances, Boublik,
Fried, and Hala; Elsevier Scientific Publishing Company, New York;
ii. the most recent edition of Perry's Chemical Engineer's Handbook, McGraw-
Hill Book Company;
iii. the most recent edition of CRC Handbook of Chemistry and Physics,
Chemical Rubber Publishing Company;
iv. the most recent edition of Lange's Handbook of Chemistry, John Dean,
editor, McGraw-Hill Book Company; or
v. additional sources approved by the SCAQMD or other California air districts.
3. If air pollution control equipment is used to meet the requirements of 310 CMR
7.18(30), the owner or operator shall make the following determinations:
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

a. The measurement of capture efficiency shall be conducted and reported in

accordance with the EPA Technical Document, Guidelines for Determining Capture
Efficiency, issued January 9, 1995; and
b. The control efficiency shall be determined in accordance with U.S. EPA Methods
25, 25A, 25B or CARB Method 100.
(g) Container Labeling.
1. The manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject
to 310 CMR 7.18(30) shall display the following information on the product container
or label:
a. a statement of the manufacturer's recommendation regarding thinning, reducing,
or mixing of the product, except that:
i. this requirement does not apply to the thinning of a product with water; and
ii. if thinning of the product prior to use is not necessary, the recommendation
must specify that the product is to be applied without thinning;
b. the maximum or the actual VOC content of the product in accordance with
310 CMR 7.18(30)(f), as supplied, displayed in grams of VOC per liter of product;
and
c. the maximum or the actual VOC content of the product in accordance with
310 CMR 7.18(30)(f), which includes the manufacturer's maximum recommendation
for thinning, as applied, displayed in grams of VOC per liter of product.
(h) Compliance Testing Requirements.
1. The manufacturer of an adhesive, adhesive primer, sealant, or sealant primer subject
to 310 CMR 7.18(30) shall determine compliance with the VOC content requirements
of 310 CMR 7.18(30) in accordance with 310 CMR 7.18(30)(f).
2. Any person who uses or applies an adhesive, adhesive primer, sealant, or sealant
primer subject to 310 CMR 7.18(30) shall determine compliance with the VOC content
requirements of 310 CMR 7.18(30) according to the following:
a. manufacturer's labeling and product technical data information; or
b. testing in accordance with provisions of 310 CMR 7.18(30)(f).
3. Any person utilizing an air pollution control device shall, upon request of the
Department, perform or have performed tests to demonstrate compliance with 310 CMR
7.18(30)(c)7.
4. Any person utilizing a spray gun system shall, upon request of the Department,
perform or have performed tests to evaluate the spray gun cleaning system.

(31) U Industrial Cleaning Solvents.

(a) Applicability.
1. On or after March 9, 2020, any person who owns, leases, operates or controls a
facility which emits, before any application of add-on air pollution capture and control
equipment, equal to or greater than 15 pounds of volatile organic compounds (VOC) per
day or, in the alternative, equal to or greater than three tons of VOC per rolling 12 month
period from industrial cleaning solvents shall comply with 310 CMR 7.18(31)(c), (d),
and (f) through (h).
2. On or after March 9, 2018, any person who owns, leases, operates, or controls a
facility which 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 industrial
cleaning solvents shall comply with the work practices of 310 CMR 7.18(31)(e) for
cleaning operations.
(b) Exemptions.
1. The requirements of 310 CMR 7.18(31)(d) do not apply to:
a. industrial cleaning solvent usage otherwise subject to an emission limitation in
310 CMR 7.03, 7.18, 7.25 or 7.26;
b. stripping of cured coatings, cured ink, or cured adhesives;
c. cleaning of the following:
i. solar cells;
ii. laser hardware;
iii. scientific instruments;
iv. high-precision optics; and
v. digital printing operations.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

d. cleaning conducted as part of the following:

i. performance laboratory tests on coatings, adhesives, or inks;
ii. research and development programs;
iii. laboratory tests in quality assurance laboratories, excluding commerical
laboratories that provide laboratory services for third parties; and
iv. quality assurance / quality control cleaning activities in manufacturing
processes;
e. cleaning of paper-based gaskets and clutch assemblies where the rubber is bonded
to metal by means of an adhesive;
f. cleaning operations in printing pre-press areas, including the cleaning of film
processors, color scanners, plate processors, film cleaning, and plate cleaning;
g. medical device and pharmaceutical manufacturing operations;
h. cleaning of application equipment used to apply coatings on satellites and
radiation effect coatings;
i. touch-up cleaning performed on printed circuit boards where surface mounted
devices have already been attached;
j. cleaning of ultraviolet or electron beam adhesive application;
k. coating, ink, resin, and adhesive manufacturing.
2. The work practice in 310 CMR 7.18(31)(e)5. does not apply to the cleaning of the
nozzle tips of automated spray equipment systems.
3. The requirements of 310 CMR 7.18(31) do not apply to cleaning operations
associated with aerospace manufacturing and rework operations, including operations
subject to the requirements of 40 CFR part 63 subpart GG, National Emissions Standards
for Aerospace Manufacturing and Rework Facilities.
(c) Extensions. Any person subject to 310 CMR 7.18(31)(a)1. may apply in writing to the
Department for a nonrenewable extension of the implementation deadline in 310 CMR
7.18(31)(a)1. by complying with 310 CMR 7.18(31)(f). The Department will consider a
nonrenewable extension of the deadline in 310 CMR 7.18(31)(a)1. for persons applying
under 310 CMR 7.18(31)(c) until no later than March 9, 2021, provided the emission control
plan submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition
to those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 310 CMR 50.48 is submitted as part
of the emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I, and 310 CMR 50.50
through 50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(31)(d).
(d) Reasonably Available Control Technology Requirements. Any person subject to
310 CMR 7.18(31) shall limit VOC emissions by complying with one or more of the
requirements in 310 CMR 7.18(31)(d)1., 2., or 3.
1. VOC Content Limitation. Use industrial cleaning solvents that have a VOC content
no greater than the emission limitations listed in Table 310 CMR 7.18(31)(d)1. If an
operation can be classified in more than one industrial cleaning solvent operation
category in Table 310 CMR 7.18(31)(d)1., then the least stringent category limitation
shall apply.
Table 310 CMR 7.18(31)(d)1.
RACT Emission Limitations for Industrial Cleaning Solvent Operations
VOC content limitation as applied
Industrial Cleaning Solvent Operation Category pounds/gallon grams/liter
Electrical and electronic components 0.83 100
Electronic or electrical cables 3.32 400
Product cleaning during manufacturing process, or repair
and maintenance cleaning
0.42 50
Surface preparation for coating or ink application
Cleaning not otherwise specified
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

2. Vapor Pressure Limitation. Use industrial cleaning solvents that have a VOC
composite partial pressure equal to or less than eight mm Hg at 20/C (68/F).
3. Add-on Air Pollution Capture and Control Equipment. Achieve an overall VOC
control efficiency of at least 85% by weight using add-on air pollution capture and
control equipment.
(e) Work Practices for Cleaning Operations. Any person subject to 310 CMR 7.18(31) shall
minimize VOC emissions of industrial cleaning solvents in accordance with, but not limited
to, the following practices:
1. covering any container containing solvent or solvent-contaminated material;
2. storing any solvent-contaminated material (such as cleaning rags) or equipment (such
as used applicators) in closed containers;
3. cleaning spray guns in an enclosed system or manually cleaning and flushing spray
guns without atomizing the cleaning solvent;
4. collecting and storing used solvent in a closed container;
5. not atomizing any cleaning solvent unless the emissions are vented to add-on air
pollution capture and control equipment that meets the requirement of 310 CMR
7.18(31)(d)3.;
6. conveying solvent in closed containers or pipes;
7. maintaining cleaning equipment and solvent containers, including repairing solvent
leaks;
8. cleaning up any spills immediately; and
9. properly disposing of any solvent and solvent-contaminated waste.
In addition, any person who is directed to comply with 310 CMR 7.18(31)(e) by any other
subsection of 310 CMR 7.18, shall utilize the work practices outlined in 310 CMR
7.18(31)(e) to minimize VOC emissions.
(f) Plan and Extension Submittal Requirements.
1. Any person subject to 310 CMR 7.18(31)(a)1. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(31)(d) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(31)(a)1. who chooses to apply for an extension
under 310 CMR 7.18(31)(c) shall comply with 310 CMR 7.18(20).
(g) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(31)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR 7.18(2).
Records kept to demonstrate compliance shall be kept on-site for five years and shall be
made available to representatives of the Department and EPA in accordance with the
requirements of an approved emission control plan or upon request. Such records shall
include, but are not limited to:
1. name, identification, quantity, formulation and density of industrial cleaning
solvent(s) used;
2. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person;
3. when complying through 310 CMR 7.18(31)(d)1., the associated category from Table
310 CMR 7.18(31)(d)1. and the VOC content of each industrial cleaning solvent, in
pounds per gallon or grams per liter, as applied;
4. when complying through 310 CMR 7.18(31)(d)2., the VOC composite partial
pressure of each industrial cleaning solvent used in the industrial cleaning operation; and
5. when complying through 310 CMR 7.18(31)(d)3., all records required by 310 CMR
7.18(2)(e) necessary to demonstrate the VOC control efficiency.
(h) Testing Requirements. Any person subject to 310 CMR 7.18(31)(a) shall, upon request
of the Department, perform or have performed tests to demonstrate compliance with
310 CMR 7.18(31). Testing shall be conducted in accordance with EPA Methods 24, 25,
25A or 25B as described in CFR Title 40 Part 60, or by other methods approved by the
Department and EPA. EPA Method 25A shall be used when:
1. an exhaust concentration of less than or equal to 50 parts per million volume (ppmv)
as carbon is required to comply with the applicable limitation;
2. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
3. the high efficiency of the control device alone results in an exhaust concentration of
less than or equal to 50 ppmv as carbon.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(32) Fiberglass Boat Manufacturing.

(a) Applicability.
1. On or after March 9, 2020, any person who owns, leases, operates, or controls a
fiberglass boat manufacturing facility and related cleaning operations which emit, before
any application of add-on air pollution capture and control equipment, equal to or greater
than 15 pounds of volatile organic compounds (VOC) per day or, in the alternative, equal
to or greater than three tons of VOC per rolling 12 month period shall comply with
310 CMR 7.18(32)(b), (d), (e), (f), (g)3. and 4. and (h) through (j).
2. On or after March 9, 2018, any person who owns, leases, operates, or controls a
fiberglass boat manufacturing facility and related cleaning operations which emit, 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 shall comply with the work practices of 310 CMR
7.18(32)(g)1. and 2. for manufacturing and cleaning operations.
3. 310 CMR 7.18(32) does not apply to the following activities:
a. surface coatings applied to fiberglass boats and metal recreational boats or
pleasure crafts;
b. closed molding operations; and
c. industrial adhesives used in the assembly of fiberglass boats, with the exception
of polyester resin putties used to assemble fiberglass parts, which are not considered
adhesives for the purpose of 310 CMR 7.18(32).
(b) Definitions. The definitions found in 310 CMR 7.00 apply to 310 CMR 7.18(32). The
following words and phrases shall have the following meanings as they appear in 310 CMR
7.18(32). Where a term is defined in both 310 CMR 7.00: Definitions and 310 CMR
7.18(32), the definition in 310 CMR 7.18(32) shall apply.

CLOSED MOLDING means a fiberglass boat manufacturing process by which pressure is

used to distribute a resin through reinforcing fabric placed between two mold surfaces to
either saturate the fabric or fill the mold cavity. The term includes, but is not limited to,
compression molding with sheet molding compound, infusion molding, resin injection
molding, vacuum-assisted resin transfer molding, resin transfer molding, and vacuum-
assisted compression molding. The term does not include any processes in which a closed
mold is used only to compact saturated fabric or remove air or excess resin from the fabric,
such as in vacuum bagging.

FIBERGLASS means a material consisting of extremely fine glass fibers.

FIBERGLASS BOAT MANUFACTURING FACILITY means any facility that

manufactures hulls, decks, or boats from fiberglass, or builds molds to make fiberglass boat
hulls or decks. A facility is not considered a fiberglass boat manufacturing facility if the
facility solely manufactures:
1. parts of boats, such as hatches, seats, or lockers; or
2. boat trailers.

FILLED RESIN means a resin to which fillers have been added to achieve certain physical
properties, particularly for building fiberglass boat molds.

GEL COAT means a clear or pigmented polyester resin that, when mixed with a hardening
catalyst, is applied so that it becomes the outer surface of the finished part or mold.

MONOMER means a VOC that partially combines with itself, or with other similar
compounds, by a cross-linking reaction to become a part of the cured resin.

OPEN MOLDING means a family of techniques for composite fabrication which make use
of single-cavity molds and require little or no external pressure.

PRODUCTION RESIN or gel coat means a resin or gel coat that is used to fabricate
fiberglass boat hulls or decks.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

ROLL-OUT means the process of using rollers, squeegees, or similar tools to compact
reinforcing materials saturated with resin to remove trapped air or excess resin.

SKIN COAT means the first layer of resin applied to the gel coat.

TOOLING RESIN or TOOLING GEL COAT means a resin or gel coat used to build molds
and which is normally harder, more heat-resistant, and more dimensionally stable than
production materials.

VACUUM BAGGING means any molding technique in which the reinforcing fabric is
saturated with resin and then covered with a flexible sheet that is sealed to the edge of the
mold and where a vacuum is applied under the sheet to compress the laminate, remove
excess resin, or remove trapped air from the laminate during curing. Vacuum bagging does
not include processes that meet the definition of closed molding.

VINYLESTER RESIN means a thermosetting resin containing esters of acrylic or

methacrylic acids and having double-bond and ester linkage sites only at the ends of the resin
molecules.

(c) Exemptions. The requirements in 310 CMR 7.18(32)(e) shall not apply to the
following:
1. production resins, including skin coat resins, applied with non-atomizing resin
application equipment, that must meet specifications under 46 CFR chapter I subchapter
Q (Equipment, Construction and Materials: Specifications and Approval) or 46 CFR
chapter I subchapter T (Small Passenger Vessels (Under 100 Gross Tons));
2. production and tooling resins, and pigmented, clear, and tooling gel coats used for
part or mold repair and touch-up not exceeding one percent by weight of all resins and
gel coats used at a fiberglass boat manufacturing facility during any consecutive 12-
month period; or
3. 100% vinylester skin coat resins, applied with non-atomizing resin application
equipment, that do not exceed five percent by weight of all resins and gel coats used at
a fiberglass boat manufacturing facility during any consecutive 12-month period.
(d) Extensions. Any person subject to 310 CMR 7.18(32)(e) may apply in writing to the
Department for a non-renewable extension of the implementation deadline in 310 CMR
7.18(32)(a)1. by complying with 310 CMR 7.18(32)(h). The Department will consider a non-
renewable extension of the deadline in 310 CMR 7.18(32)(a)1. for persons applying under
310 CMR 7.18(32)(d) until no later than March 9, 2021, provided the emission control plan
submitted for approval under 310 CMR 7.18(20) meets the following criteria in addition to
those of 310 CMR 7.18(20):
1. a Toxics Use Reduction Plan or a Resource Conservation Plan completed for the
facility in accordance with 310 CMR 50.40 through 50.48 is submitted as part of the
emission control plan;
2. the Toxics Use Reduction Plan or Resource Conservation Plan was certified by a
Toxics Use Reduction Planner certified under M.G.L. c. 21I and 310 CMR 50.50 through
50.63;
3. the emission control plan proposes to reduce emissions or natural asset use, from the
process or elsewhere in the facility, more than otherwise required pursuant to an
applicable regulation or approval of the Department, through toxics use reduction
techniques or resource conservation actions as defined in M.G.L. c. 21I; and
4. implementation of the emission control plan meets the emission limitations of
310 CMR 7.18(32)(e).
(e) Reasonably Available Control Technology Emission Limitations for Resins and Gel
Coats. Any person subject to 310 CMR 7.18(32) shall limit VOC emissions by complying
with one or more of the requirements in 310 CMR 7.18(32)(e)1. through 4., and complying
with 310 CMR 7.18(32)(e)5. and 6. as applicable.
1. Monomer VOC Content Limitations. Use only materials having a VOC content no
greater than the limitations in Table 310 CMR 7.18(32)(e)1.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Table 310 CMR 7.18(32)(e)1.

Compliant Materials Monomer VOC Content Limitations for Open Molding Resins and Gel
Coats
Material Used Application Method Monomer VOC Content Limitation
(weight percent, as applied)
Production Resin Atomized (spray) 28
Production Resin Non-atomized 35
Pigmented gel coat Any method 33
Clear gel coat Any method 48
Tooling resin Atomized 30
Tooling resin Non-atomized 39
Tooling gel coat Any method 40

2. Weighted-Average Monomer VOC Content. Emit no more, in a consecutive 12-

month period, than the applicable monomer VOC content limitation for a specific
category and application method in Table 310 CMR 7.18(32)(e)1. determined using
Equation 1:

Equation 1: Weighted-average monomer VOC content = 3ni=1 (Mi VOCi) / 3ni=1 (Mi)

where:

Mi = the mass of open molding resin or gel coat i used in an operation in the past
consecutive 12-month period, in megagrams;
VOCi = monomer VOC content, by weight percent, of open molding resin or gel coat i used
in an operation in the past consecutive 12-month period; and
n= the number of different open molding resins or gel coats used in an operation in the
past consecutive 12-month period.

3. Material Emissions Average. Any person subject to 310 CMR 7.18(32) may calculate
the weighted-average emission rate that is equivalent to the use of compliant resin and
gel coat materials contained in Table 310 CMR 7.18(32)(e)1. For a particular consecutive
12-month period, the actual monomer VOC emissions calculated in Equation 3 shall not
exceed the allowable monomer VOC emissions calculated in Equation 2. The allowable
monomer VOC emission limitation and the actual monomer VOC emissions shall be re-
calculated monthly using the current month’s and previous 11 months’ actual monomer
usage. For each consecutive 12-month period:
a. identify each resin and gel coat material to be included in the calculation;
b. use Equation 2 to determine the allowable monomer VOC emissions limitation;
c. use Equation 3 to determine the actual monomer VOC emissions; and
d. use Equation 4 to determine the weighted-average monomer VOC emission rate
(PVop) for each resin and gel coat material operation for the consecutive 12-month
period in Equation 3.

Equation 2: Allowable Monomer VOC Limitation = 46(MR) + 159(MPG) + 291(MCG) + 54(MTR)

+ 214(MTG)
The numerical coefficients of Equation 2 are the allowable monomer VOC emission rates
for the particular materials in units of kg/Mg of material used.

where:

MR = the mass of production resin used in the past consecutive 12-month period, excluding any
materials that are exempt, in megagrams;
MPG = the mass of pigmented gel coat used in the past consecutive 12-month period, excluding
any materials that are exempt, in megagrams;
MCG = the mass of clear gel coat used in the past consecutive 12-month period, excluding any
materials that are exempt, in megagrams;
MTR = the mass of tooling resin used in the past consecutive 12-month period, excluding any
materials that are exempt, in megagrams; and
MTG = the mass of tooling gel coat used in the past consecutive 12-month period, excluding any
materials that are exempt, in megagrams.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

Equation 3: Actual Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) +

(PVTR)(MTR) + (PVTG)(MTG)

where:
PVR = the weighted-average monomer VOC emission rate for production resin used in the past
consecutive 12-month period, in kilograms per megagram as calculated using Equation 4;
MR = the mass of production resin used in the past consecutive 12-month period, in
megagrams;
PVPG = the weighted-average monomer VOC emission rate for pigmented gel coat used in the
past consecutive 12-month period, in kilograms per megagram as calculated using
Equation 4;
MPG = the mass of pigmented gel coat used in the past consecutive 12-month period, in
megagrams;
PVCG =the weighted-average monomer VOC emission rate for clear gel coat used in the past
consecutive 12-month period, in kilograms per megagram as calculated using Equation 4;
MCG = the mass of clear gel coat used in the past consecutive 12-month period, in megagrams;
PVTR = the weighted-average monomer VOC emission rate for tooling resin used in the past
consecutive 12-month period, in kilograms per megagram as calculated using Equation 4;
MTR = the mass of tooling resin used in the past consecutive 12-month period, in megagrams;
PVTG = the weighted-average monomer VOC emission rate for tooling gel coat used in the past
consecutive 12-month period, in kilograms per megagram as calculated using Equation 4;
and
MTG = the mass of tooling gel coat used in the past consecutive 12-month period, in megagrams.

Equation 4: PVOP = 3ni=1 (Mi PVi) / 3ni=1 (Mi)

where:

Mi = the mass of resin or gel coat i used within an operation in the past consecutive 12-month
period, in megagrams;
n= the number of different open molding resins and gel coats used within an operation in the
past consecutive 12-month period;
PVi = the monomer VOC emission rate for resin or gel coat i used within an operation in the
past consecutive 12-month period, in kilograms of monomer VOC per megagram of
material applied. Use the equations in Table 310 CMR 7.18(32)(e)3. to compute PVi; and
PVOP = the sum of the products of Mi and PVi for open molding resin or gel coats one through n,
divided by Mi one through n, as in Table 310 CMR 7.18(32)(e)3.

Table 310 CMR 7.18(32)(e)3.

Monomer VOC Emission Rate Equations for Open Molding Operations
Material Used Application Method Equation to Calculate Monomer
VOC Emission Rate PVi
(kg of monomer VOC per Mg of
material applied) =
Atomized 0.014 x (Resin VOC%)2.425
Atomized, plus vacuum bagging 0.01185 x (Resin VOC%)2.425
with roll-out
Atomized, plus vacuum bagging 0.00945 x (Resin VOC%)2.425
Production resin, tooling without roll-out
resin Non-atomized 0.014 x (Resin VOC%)2.275
Non-atomized, plus vacuum 0.0110 x (Resin VOC%)2.275
bagging with roll-out
Non-atomized, plus vacuum 0.0076 x (Resin VOC%)2.275
bagging without roll-out
Pigmented gel coat, clear All methods 0.445 x (Gel coat VOC%)1.675
gel coat, tooling gel coat
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

4. Add-on Air Pollution Capture and Control Equipment. Use add-on air pollution
capture and control equipment to emit no more than a numerical monomer VOC
emission limitation that is determined for each facility in accordance with Equation 2,
based on the mix of application methods and materials used at that facility, except that
instead of using the mass of each material used over the past consecutive 12-month
period, the facility shall use the mass of each material used during the air pollution
control device performance test.
5. Filled Resin Emission Rate. In addition to complying with 310 CMR 7.18(32)(e)1.,
2., 3. or 4., the following shall be used in calculating the emission rate for the filled resins
used at the facility:
a. when using a filled production resin or filled tooling resin, any person subject to
310 CMR 7.18(32) shall calculate the emission rate for the filled material on an as-
applied basis using Equation 5:

Equation 5: PVF = PVU x (100 - % Filler) / 100

where:

PVF = the as-applied monomer VOC emission rate for the filled production resin or tooling
resin, kilograms monomer VOC per megagram of filled material;
PVU = the monomer VOC emission rate for the neat or unfilled resin, before filler is added, as
calculated using the equations in Table 310 CMR 7.18(32)(e)3.; and
% Filler =the weight percent of filler in the as-applied filled resin system.

b. If the filled resin is used as a production resin, the value of PVF calculated using
Equation 5 shall not exceed 46 kilograms of monomer VOC per megagram of filled
resin applied.
c. If the filled resin is used as a tooling resin, the value of PVF calculated using
Equation 5 shall not exceed 54 kilograms of monomer VOC per megagram of filled
resin applied.
d. If the facility includes a filled resin in the facility-specific material emissions
averaging procedure, the facility shall use the value of PVF calculated using Equation
5 for the value of PVi in 310 CMR 7.18(32)(e)3., Equation 4.
6. Non-monomer VOC Content.
a. Up to 5% by weight of non-monomer VOC content of a resin or gel coat shall be
exempt from the VOC content limitations of 310 CMR 7.18(32)(e).
b. If the non-monomer VOC content of a resin or gel coat exceeds five percent by
weight, then the excess non-monomer VOC over five percent by weight shall be
added to the monomer VOC content in determining compliance with 310 CMR
7.18(32)(e).
(f) Application Methods. Production resins, including skin coat resins, that must meet
specifications under 46 CFR chapter I subchapter Q (Equipment, Construction and Materials:
Specifications and Approval) or 46 CFR chapter I subchapter T (Small Passenger Vessels
(Under 100 Gross Tons)), and that do not meet the requirements in 310 CMR 7.18(32)(e),
shall be applied with non-atomizing resin application equipment.
(g) Work Practices and Emission Limitations for Cleaning Operations and Resin and Gel
Coat Mixing Containers.
1. Any person subject to 310 CMR 7.18(32) shall comply with the work practices of
310 CMR 7.18(31)(e).
2. Any person subject to 310 CMR 7.18(32) using resin and gel coat mixing containers
with a capacity equal to or greater than 208 liters, equivalent to 55 gallons, including
those used for on-site mixing of putties and polyputties, shall have a cover with no
visible gaps in place at all times, except when material is being manually added to or
removed from a container, or when mixing or pumping equipment is being placed in or
removed from a container.
3. Any person subject to 310 CMR 7.18(32) shall only use VOC cleaning solvents for
routine application equipment cleaning that either:
a. contain no more than five percent VOC by weight; or
b. have a VOC composite partial pressure of no more than 0.50 mm Hg at 68°F.
4. Any person subject to 310 CMR 7.18(32) shall only use non-VOC solvents to remove
cured resin and gel coat from application equipment.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.18: continued

(h) Plan and Extension Submittal Requirements.

1. Any person subject to 310 CMR 7.18(32)(a)1. who chooses to install add-on air
pollution capture and control equipment to comply with 310 CMR 7.18(32)(e) shall
submit an emission control plan in accordance with 310 CMR 7.18(20).
2. Any person subject to 310 CMR 7.18(32)(a)1. who chooses to apply for an extension
under 310 CMR 7.18(32)(d) shall comply with 310 CMR 7.18(20).
(i) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(32)(a) shall prepare
and maintain records sufficient to demonstrate compliance consistent with 310 CMR 7.18(2).
Records kept to demonstrate compliance shall be kept on site for five years and shall be made
available to representatives of the Department and EPA in accordance with the requirements
of an approved emission control plan or upon request. Such records shall include, but are not
limited to:
1. identity, quantity, formulation and density of resins and gel coat(s) used;
2. identity, quantity, formulation and density of any diluent(s) and clean-up solvent(s)
used;
3. solids content of any gel coat(s) or resins used;
4. actual operational and emissions characteristics of the operation and any appurtenant
emissions capture and control equipment;
5. quantity of product processed, if necessary to determine emissions; and
6. any other requirements specified by the Department in any approval(s) issued under
310 CMR 7.18(20) or any order(s) issued to the person.
(j) Testing Requirements. Any person subject to 310 CMR 7.18(32)(a) shall, upon request
of the Department, perform or have performed the following tests, as applicable, to
demonstrate compliance with 310 CMR 7.18(32).
1. Testing to determine the monomer VOC content of resin and gel coat materials shall
be conducted in accordance with SCAQMD Method 312-91, Determination of Percent
Monomer in Polyester Resins, revised April 1996.
2. Testing to determine the non-monomer VOC content of resin and gel coat materials
shall be conducted in accordance with EPA Method 24 as described in CFR Title 40 Part
60, or by other methods approved by the Department and EPA.
3. If acceptable to the Department and EPA, manufacturer’s formulation data may be
used to demonstrate compliance with monomer and non-monomer VOC content
limitations. In the case of a dispute, the VOC content determined using SCAQMD
Method 312-91 and EPA Method 24 shall prevail, unless a person is able to demonstrate
to the satisfaction of the Department and EPA that the manufacturer’s formulation data
are correct.
4. EPA Method 25A shall be used when:
a. an exhaust concentration of less than or equal to 50 parts per million volume
(ppmv) as carbon is required to comply with the applicable limitations;
b. the inlet concentration and the required level of control results in an exhaust
concentration of less than or equal to 50 ppmv as carbon; or
c. the high efficiency of the control device alone results in an exhaust concentration
of less than or equal to 50 ppmv as carbon.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOx)

(1) Applicability.
(a) 310 CMR 7.19 shall apply in its entirety to any person who owns, leases, operates or
controls any facility having potential to emit, before application of air pollution control
equipment, greater than or equal to 50 tons per year (TPY) of NOx.
(b) Any person who owns, leases, operates or controls a facility subject to 310 CMR 7.19,
which has had actual emissions greater than or equal to 50 TPY in any year after 1989, shall
continue to comply with all requirements of 310 CMR 7.19 even if emissions from the
subject facility no longer exceed the 50 TPY applicability threshold in 310 CMR 7.19(1)(a).
(c) The requirements of 310 CMR 7.19 do not apply to:
1. Any person subject to 310 CMR 7.19 who is able to demonstrate to the Department
that, after calendar year 1989, the facility has not emitted 50 TPY or more of NOx,
provided that the person obtains a permit restriction from the Department under
310 CMR 7.02(9) (Restricted Emission Status or RES) by May 31, 1995, which restricts
the potential emissions to below 50 TPY, and complies with the permit restriction by
May 31, 1995. Persons who have obtained an RES prior to May 31, 1995, may notify
the Department of their intent to operate in compliance with one of the rolling 12-month
emission caps under 310 CMR 7.02(11)(e) or (f) as a means of limiting the facility's
potential emissions to 25 TPY or less of NOx.
2. Any emission unit that has a permit restriction prohibiting it from operating between
May 1st and September 30th of each year and restricting potential emissions to less than
50 tons per year of NOX from the emission unit.
3. Any boiler having an energy input capacity of less than 20,000,000 Btu per hour
provided that potential emissions from the emission unit are less than 50 TPY of NOx.
4. Any stationary combustion turbine having an energy input capacity of less than
25,000,000 Btu per hour.
5. Any stationary reciprocating internal combustion engine having an energy input
capacity of less than 3,000,000 Btu per hour.
6. Any glass melting furnace having a maximum production rate of less than 14 tons of
glass removed from the furnace per day.
7. Any other furnace, kiln, dryer or oven having potential emissions less than 25 TPY
of NOx.
8. Any municipal waste combustor unit having potential emissions of less than 25 TPY
of Nox.
9. Any person who, since January 1, 1990, obtains a plan approval for an emission unit
under 310 CMR 7.02 where such approval establishes BACT or LAER to be no less
stringent than the RACT applicable to the facility size and type, as defined in 310 CMR
7.19. Such person shall comply with the BACT or LAER established in the plan
approval, and is not subject to RACT standards of 310 CMR 7.19 as may otherwise be
applicable, until the applicable RACT standards of 310 CMR 7.19 become more
stringent than the BACT or LAER established in the plan approval, at which time the
person shall become subject to the updated RACT standards.
10. Any large municipal waste combustor unit subject to 310 CMR 7.08(2).
11. Any engine subject to and in compliance with 310 CMR 7.26(43).
(d) Any large boiler subject to 310 CMR 7.19(4)(b), or combustion turbine subject to
310 CMR 7.19(7)(b), that, as of March 9, 2018 has an annual capacity factor of less than
10% averaged over the most recent three year consecutive period, shall not be required to
meet the applicable emission standards. If such a boiler or combustion turbine subsequently
meets or exceeds the 10% capacity factor based on a three calendar year consecutive period,
the owner/operator of the boiler or combustion turbine shall notify the Department in writing,
and, if applicable, submit an Emission Control Plan pursuant to 310 CMR 7.19(3)(a)1.,
within 180 days of the end of the three-year period, and shall comply with the applicable NOx
emission standards within two years of the end of the three-year period.

(2) General Provisions.

(a) After May 31, 1995, any person subject to 310 CMR 7.19 shall achieve and maintain
continuous compliance with all requirements of 310 CMR 7.19.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(b) Any person unable to comply with emission standards under 310 CMR 7.19(4)(b),
(7)(b), (8)(d) or (9) may submit an application under 310 CMR 7.19(3) for a source specific
alternative RACT. Such application shall be submitted to the Department for approval no
later than September 5, 2018. No later than March 10, 2020, a person approved under 310
CMR 7.19(2)(b) must comply with the approved source specific alternative RACT. Such
application must evaluate each of the following NOx controls, where it may be applied, and
its technological and economic feasibility.
1. low-NOx burners;
2. close coupled and separated overfire air;
3. flue gas recirculation;
4. burners out of service;
5. steam/water injection;
6. dry low-NOx combustors;
7. ignition timing retard;
8. low emission combustion for reciprocating internal combustion engines;
9. separate circuit after-cooling;
10. fuel emulsification;
11. fuel switching;
12. selective noncatalytic reduction (SNCR);
13. selective catalytic reduction (SCR);
14. nonselective catalytic reduction (NSCR).
15. gas reburn; and
16. use of emission reduction credits (ERCs) certified by the Department pursuant to
310 CMR 7.00: Appendix B(3), or pursuant to the interstate trading provisions at
310 CMR 7.00: Appendix B(3)(f).
Any person approved under 310 CMR 7.19(2)(b) must comply with the requirements of
310 CMR 7.19(13), except as specfied in 310 CMR 7.19(9)(b).
(c) An emission unit subject to 310 CMR 7.19 shall be operated under conditions
acceptable to the Department and EPA, and consistent with the operational parameters and
limits established in the approved emission control plan.
(d) Any person subject to 310 CMR 7.19 may elect to comply with a more stringent NOx
limit in order to; create Emission Reduction Credits under 310 CMR 7.00: Appendix B(3);
create emissions offsets for use under the provisions of 310 CMR 7.00: Appendix A(6);
reduce the net emissions increase below the significance level under 310 CMR 7.00:
Appendix A(3); emissions average under 310 CMR 7.19(14) and 7.00: Appendix B(4).
(e) Any person subject to a more stringent emission standard either contained in a plan
approval (issued pursuant to the Department's regulations) or in a PSD permit or contained
in a Department regulation shall remain subject to that more stringent emission standard.
(f) Seasonal Fuel Switching. After May 31, 1995 but before March 9, 2018, any person
owning, leasing, operating or controlling an emissions unit subject to an emissions standard
contained in 310 CMR 7.19 may choose to have the emissions unit comply with 310 CMR
7.19(2)(f) instead of an emissions limit contained in 310 CMR 7.19(4) through (11) by fuel
switching.
1. The 12 month rolling average NOx emissions standard, in pounds per million Btu,
shall be less than or equal to the NOx emissions standard calculated in the following
manner.
a. The annual limit shall be determined according to the following equation:
(HI1)x(ES1)+ (HI2)x(ES2).... + (HIN)x(ESN)
ASNOx = S)))))))))))))))))))))))))))))))))
HI1 + HI2 .... + HIN

ASNOx is the annual standard for nitrogen oxides derived from all fuels fired during the base
year.

HI1 is the heat input for fuel 1 in Btu during the base year.

ES1 is the emissions standard for fuel 1 contained in 310 CMR 7.19(4) through (11), except
that for tangential oil or oil and gas fired boilers, the emissions standard is 0.2 pounds
per million Btu.

N is the number of fuels burned during the base year.

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

b. The base year shall be 1990. 1991 or 1992 may be used instead if the Department
determines 1991 or 1992 is more representative of normal operation.
2. The maximum daily NOx emissions standard from May 1st through September 30th
shall be the emissions standard allowed under 310 CMR 7.19(4) through (11) for the fuel
burned in the largest amount, on a Btu basis, during the base year. However, for
tangential oil or oil and gas fired boilers, the emissions standard is 0.2 pounds per million
Btu.
3. The emission unit(s) must burn only the fuel, of the fuels it is approved to burn, that
has the lowest NOx emissions rate, between May 1 and September 30 of each year unless
the fuel is not available.
(g) Emission Reduction Credits. Any facility may comply, either in part, or entirely, with
the applicable emissions standard requirement contained in 310 CMR 7.19 through the use
of emissions reduction credits (ERCs) certified by the Department pursuant to 310 CMR
7.00: Appendix B(3). For any ERCs generated from emissions reductions at a facility that,
if it were operating after March 9, 2018, would be subject to 310 CMR 7.19(4)(b),
7.19(7)(b), and 7.19(8)(d), and such ERCs were certified prior to March 9, 2018 in
accordance with Appendix B(3), the Department shall devalue the ERCs based on the ratio
of the new applicable NOx RACT emission standard to the lower of the actual emissions or
the allowable NOx RACT emission standard that was used to generate the ERCs.

(3) Emission Control Plans for Implementation of RACT.

(a) 1. General Applicability. After March 9, 2018, any person owning, leasing, operating
or controlling a facility subject to 310 CMR 7.19(4)(b), (7)(b), or (8)(d) that requires
installation of air pollution controls or retrofitting of air pollution controls, or proposes
to use ERCs, to meet applicable emission standards shall submit an Emission Control
Plan to the Department within 180 days of March 9, 2018.
2. Any person subject to 310 CMR 7.19(9) shall submit an Emission Control Plan by
September 5, 2018 for Department approval in accordance with 310 CMR 7.19(9)(b).
3. Any person using ERCs in accordance with 310 CMR 7.19(2)(b)16. shall submit an
Emission Control Plan.
(b) Emission Control Plan Requirements. The emission control plan under 310 CMR
7.19(3) shall be submitted on a Department approved form and shall include, at a minimum,
the following:
1. a list and description of all the exempt and non-exempt emission units at the facility
having potential to emit NOx including:
a. any associated plan approvals, dates of installation, any subsequent alterations,
etc.;
b. the maximum energy input capacity, in millions of Btu per hour, of each emission
unit;
c. for fuel utilization facilities, the type of fuel(s) permitted to be burned in each
emission unit;
d. the maximum NOx emissions rate of each unit, in pounds per million Btu, for
each fuel burned before and after the application of NOx RACT;
e. the total actual fuel usage and energy input in million Btu for each fuel for each
of the last two years for each emission unit;
f. the energy conversion efficiency (in brake horsepower hour output per million Btu
input (HHV)) for each reciprocating internal combustion engine;
g. the O2 exhaust gas concentration and the dry standard cubic feet per million Btu
of energy input for each stationary combustion turbine; and
h. the energy input, million Btu, per ton of glass produced for glass manufacturing
furnaces.
2. a demonstration that the provisions of 310 CMR 7.19 can be met by each emission
unit included in the emission control plan, including the potential emissions after
implementation of RACT of all emission units emitting NOx for which the emission
control plan is being submitted. A demonstration that combustion conditions will not
significantly deteriorate shall be included for any emission unit for which a higher CO
emission standard is being applied pursuant to 310 CMR 7.19(4)(f).
3. if applicable, the control efficiency, design, specifications, and standard operating and
maintenance procedures for any control equipment used to reduce NOx emissions to
implement RACT;
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

4. the testing, monitoring, recordkeeping and reporting procedures, as contained in

310 CMR 7.19(13), used to demonstrate compliance with 310 CMR 7.19;
5. a schedule for the implementation of RACT at the facility, including provisions for
demonstrating periodic increments of progress and demonstrating compliance;
6. any other information required by the Department; and
7. the signature of a responsible official.
(c) Additional Requirements for Demonstration of RACT. An emission control plan
submitted by any person who owns, leases operates or controls a facility or part of a facility
subject to 310 CMR 7.19(2)(b), (4)(c) or (12), must meet the following requirements in
addition to the requirements under 310 CMR 7.19(3)(b).
1. The plan must demonstrate the emission limits reflecting the application of RACT
for that facility or part thereof; and
2. The plan must include pertinent information supporting the demonstration made
under 310 CMR 7.19(3)(c)1., including technical and economic considerations.
(d) Approval of an Emission Control Plan. For persons applying under 310 CMR
7.19(2)(b) or (4)(c) or (12) or (14), for each ECP application where the information
submitted subject to 310 CMR 7.19(3)(d) is sufficient to support the emissions limits and the
proposed schedule, the Department shall:
1. Provide a 30-day period for submittal of public comment;
2. Post on a public website identified by the Department (which may be the
Department's own website), for the duration of the public comment period, the following:
a. Notice of availability of the Department's proposed decision to approve or deny
the ECP application and information on how to submit public comment;
b. The Department's proposed decision to approve or deny the ECP application; and
c. Information on how to access the administrative record for the Department's
proposed decision to approve or deny the ECP application.
3. Send a copy of the notice required under 310 CMR 7.19(3)d.2.a. to EPA.
After the close of the public comment period, the Department shall issue a final approval
or disapproval of the ECP.
(e) Prohibition. Except as provided for in 310 CMR 7.19(3)(a), no emission reductions or
any other actions taken at any facility or part of a facility will constitute implementation of
RACT at that facility unless those emission reductions or other actions are part of an
emission control plan approved by the Department.
(f) Additional requirements may be included in the emission control plan approval to assure
that emissions from the unit(s) subject to RACT will not cause or contribute to a condition
of air pollution or a violation of any other regulation. Such requirements include, but are not
limited to, emissions limits on other air contaminants, and additional stack testing or
emissions monitoring requirements.

(4) Large Boilers.

(a) Applicability and NOx RACT. After May 31, 1995, any person owning, leasing,
operating or controlling a boiler having an energy input capacity of 100,000,000 Btu per hour
or greater, at a facility subject to 310 CMR 7.19, shall comply with the following NOx
emission standards in 310 CMR 7.19(4)(a), except as provided in 310 CMR 7.19(2)(b),
7.19(2)(e), 7.19(2)(f), 7.19(4)(b), 7.19(4)(c) and 7.19(4)(d).
1. For dry bottom boilers burning coal:
a. for tangential fired boilers, 0.38 pounds per million Btu; and
b. for face fired boilers, 0.45 pounds per million Btu.
2. For stoker-fired boilers burning other solid fuels, 0.33 pounds per million Btu.
3. For boilers with an energy input capacity greater than or equal to 250 million Btu per
hour burning either oil or oil and gas (This includes burning the oil and gas
simultaneously or at different times. Boilers approved to burn another fuel, such as coal,
are subject to this limit only while burning only oil and/or gas and not the other fuel.):
a. i. for tangential oil fired boilers, 0.25 pounds per million Btu;
ii. for tangential gas fired boilers, 0.20 pounds per million Btu; and
b. for face fired boilers, 0.28 pounds per million Btu.
4. For boilers with an energy input capacity greater than or equal to 100,000,000 Btu
per hour and less than 250,000,000 Btu per hour burning either oil or oil and gas:
a. for boilers with a heat release rate less than or equal to 70,000 Btu/hours-ft3, 0.30
pounds per million Btu; and
b. for boilers with a heat release greater than 70,000 Btu/hour-ft3, 0.40.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

5. For boilers burning only gas, 0.20 pounds per million Btu.
6. The averaging time for determining compliance with 310 CMR 7.19(4)(a) shall be
one hour. Except that, for boilers using a continuous emissions monitoring system that
satisfies the requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance
will be based on a calendar day average.
(b) Applicability and NOx RACT. On or after two years from March 9, 2018, any person
owning, leasing, operating or controlling a boiler having an energy input capacity of
100,000,000 Btu per hour or greater at a facility subject to 310 CMR 7.19 shall comply with
the NOx emission standards in 310 CMR 7.19(4)(b), except as provided in 310 CMR
7.19(1)(d), (2)(b), and (e).
1. For dry bottom boilers burning coal:
a. for tangential fired boilers, 0.12 pounds per million Btu; and
b. for face fired boilers, 0.12 pounds per million Btu.
2. For stoker-fired boilers burning other solid fuels, 0.33 pounds per million Btu.
3. For boilers with an energy input capacity greater than or equal to 250 million Btu per
hour burning either oil or oil and gas (This includes burning the oil and gas
simultaneously or at different times. Boilers approved to burn another fuel, such as coal,
are subject to this limit only while burning only oil and/or gas and not the other fuel.):
a. i. for tangential oil fired boilers, 0.15 pounds per million Btu; and
ii. for tangential gas fired boilers, 0.08 pounds per million Btu.
b. for face fired boilers, 0.15 pounds per million Btu.
4. For boilers with an energy input capacity greater than or equal to 100,000,000 Btu
per hour and less than 250,000,000 Btu per hour burning either oil or oil and gas:
a. for boilers with a heat release rate less than or equal to 70,000 Btu/hours-ft3, 0.15
pounds per million Btu; and
b. for boilers with a heat release greater than 70,000 Btu/hour-ft3, 0.15.
5. For boilers burning only gas, 0.06 pounds per million Btu.
6. The averaging time for determining compliance with 310 CMR 7.19(4)(b) shall be
one hour. Except that, for boilers using a continuous emissions monitoring system that
satisfies the requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance
will be based on either a calendar day average or calendar month basis when a facility
demonstrates existing controls installed for purposes of 310 CMR 7.29 compliance relied
on the longer averaging period.
(c) Alternative NOx RACT. Any person owning, leasing, operating or controlling a boiler
subject to 310 CMR 7.19(4)(a), may choose to have that boiler comply with 310 CMR
7.19(4)(c) instead of 310 CMR 7.19(4)(a).
1. After May 31, 1995, the maximum allowable daily NOx emission standard, in pounds
per million Btu, shall be equal to 0.6 times the worst NOx emission rate. The worst NOx
emission rate shall be determined in accordance with a methodology specified by the
Department for each fuel burned.
2. The Department will approve the boiler to comply with an alternative emission
limitation contained in 310 CMR 7.19(4)(c)1. only if a demonstration is contained in the
Emission Control Plan that the boiler cannot comply with the emission limitation
contained in 310 CMR 7.19(4)(a) through use of available NOx controls or NOx ERCs.
This may be demonstrated either through technical or economic infeasibility.
(d) Except as provided for under 310 CMR 7.19(2)(f), if more than one fuel is fired
simultaneously or during the same hour (or day if an averaging time of 24 hours is used), the
allowable NOx emission standard shall be calculated according to the procedure contained
in 310 CMR 7.19(15) using the emission standard from 310 CMR 7.19(4)(a) or (b), as
applicable.
(e) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan. Any
facility subject to 310 CMR 7.19(4), shall comply with any applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).
(f) Carbon Monoxide (CO) Limitation. Any facility subject to 310 CMR 7.19(4), shall not
exceed a CO exhaust concentration of 200 ppmvd, corrected to 3% oxygen. This shall be
based on a one hour averaging time. If a continuous emissions monitoring system is used
for determining compliance, the averaging time shall be a calendar day. Not withstanding
this CO emission standard, the Department may approve a higher CO emission standard for
a large boiler as part of the emission control plan if the facility demonstrates that combustion
conditions will not significantly deteriorate with the higher CO emission standard.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(5) Medium-size Boilers.

(a) Applicability and NOx RACT. After May 31, 1995, any person owning, leasing,
operating or controlling a boiler with an energy input capacity of 50,000,000 Btu per hour
or greater and less than 100,000,000 Btu per hour at a facility subject to 310 CMR 7.19, shall
comply with the following NOx emission standard, except as provided for in 310 CMR
7.19(2)(b), (e) and (f).
1. For tangential or face-fired or stoker-fired boilers, burning solid fuel, 0.43 pounds per
million Btu, based on a one hour average.
2. For tangential or face fired boilers, based on a one hour average.
a. burning gas only, 0.1 pounds per million Btu.
b. burning distillate oil or oil and gas (This includes burning the oil and gas
simultaneously or at different times. Boilers approved to burn another fuel such as
coal are subject to this limit while only burning oil and/or gas and not coal.) 0.12
pounds per million Btu.
c. burning residual oil,
i. 0.3 pounds per million Btu burning residual oil or residual oil and gas (This
includes burning the oil and gas simultaneously or at different times. Boilers
approved to burn another fuel such as coal are subject to this limit while burning
only oil and/or gas and not coal.), or
ii. recirculate at least 15% of the flue gas and maintain flue gas oxygen
concentration at 3% at the boiler exit. The O2 level should not be decreased
beyond the point that the CO concentration increases beyond 130 ppmvd,
corrected to 3% O2.
3. For boilers using a continuous emissions monitoring system that satisfies the
requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance will be
based on a calendar day average.
(b) Cofiring Fuels. Except as provided for under 310 CMR 7.19(2)(f), if more than one fuel
is fired simultaneously or during the same hour (or day if an averaging time of 24 hours is
used), the allowable NOx emissions standard shall be calculated according to the procedure
contained in 310 CMR 7.19(15).
(c) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan. Any
facility subject to 310 CMR 7.19(5), shall comply with all applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).
(d) Carbon Monoxide (CO) Limitation. Any facility subject to 310 CMR 7.19(5), shall not
exceed a CO exhaust concentration of 200 ppmvd, corrected to 3% oxygen. This shall be
based on a one hour averaging time. If a continuous emissions monitoring system is used
for determining compliance, the averaging time shall be a calendar day. Notwithstanding this
CO emission standard, the Department may approve a higher CO emission standard for a
medium-size boiler as part of the emission control plan if the facility demonstrates that
combustion conditions will not significantly deteriorate with the higher CO emission
standard.

(6) Small Boilers.

(a) Applicability and NOx RACT After March 15, 1995, any person owning, leasing,
operating or controlling a boiler, with an energy input capacity of less than 50,000,000 Btu
per hour and equal to or greater than 20,000,000 Btu per hour or with an energy input
capacity less than 20,000,000 Btu per hour with potential emissions greater than 50 TPY of
NOx, at a facility subject to 310 CMR 7.19, shall tune the boiler annually according to the
following procedure (tuneup procedure based on Combustion Efficiency Optimization
Manual for Operators of Oil and Gas Fired Boilers (EPA 340/1-83-023)):
1. Operate the boiler at a firing rate most typical of normal operation. If the boiler
experiences significant load variations during normal operation, operate it at its average
firing rate.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

2. At this firing rate record stack gas temperature, oxygen concentration, and CO
concentration (for gaseous fuels) or smoke-spot number (For liquid fuels, the smoke spot
number can be determined with ASTM Test Method D-2156 (Bacharach or equivalent))
and observe flame conditions after boiler operation stabilizes at the firing rate selected.
If the excess oxygen in the stack gas is at the lower end of the range of typical minimum
values (typical minimum oxygen levels for boilers at high firing rates are: for natural gas
0.5-3.0%; for liquid fuels 2.0-4.0%. The O2 level should be reduced below this range
with caution). If the CO emissions are low and there is no smoke, the boiler is probably
operating at near optimum efficiency at this particular firing rate. However, complete
the remaining portion of this procedure at 310 CMR 7.19(6)(a)3. through 10. to
determine whether still lower oxygen levels are practical.
3. Increase combustion air flow to the boiler until stack gas oxygen levels increase by
1 to 2% over the level measured in 310 CMR 7.19(6)(a)2. As in 310 CMR 7.19(6)(a)2.,
record the stack gas temperature, CO concentration (for gaseous fuels) and smoke-spot
number (for liquid fuels), and observe flame conditions for these higher oxygen levels
after boiler operation stabilizes.
4. Decrease combustion air flow until the stack gas oxygen concentration is at the level
measured in 310 CMR 7.19(6)(a)2. From this level gradually reduce the combustion air
flow, in small increments. After each increment, record the stack gas temperature,
oxygen concentration, CO concentration (for gaseous fuels) and smoke-spot number (for
liquid fuels). Also observe the flame and record any changes in its condition.
5. Continue to reduce combustion air flow stepwise, until one of these limits is reached:
a. Unacceptable flame conditions - such as flame impingement on furnace walls or
burner parts, excessive flame carryover, or flame instability.
b. Stack gas CO concentrations greater than 400 ppm for gaseous fuels.
c. Smoking at the stack for liquid fuels.
d. Equipment-related limitation - such as low windbox/furnace pressure differential,
built in air-flow limits, etc.
6. Develop an O2/CO curve (for gaseous fuels) or O2/smoke curve (for liquid fuels)
similar to those shown in figures 310 CMR 7.19(6)-1 and 2 using the excess oxygen and
CO or smoke-spot number data obtained at each combustion air flow setting.
7. From the curves prepared in 310 CMR 7.19(6)(a)6., find the stack gas oxygen levels
where the CO emission or smoke spot number equals the following values:

Fuel Measurement Value

Gaseous CO emissions 400 ppm

#1 & #2 oils smoke-spot number number 1
#4 oil smoke-spot number number 2
#5 oil smoke-spot number number 3
#6 oil smoke-spot number number 4

The above conditions are referred to as CO or smoke threshold, or as the minimum

excess oxygen level. Compare this minimum value of excess oxygen to the expected
value provided by the combustion unit manufacturer. If the minimum level found is
substantially higher than the value provided by the combustion unit manufacturer, the
owner or operator should improve fuel and air mixing, thereby allowing operation with
less air.
8. Add 0.5 to 2.0% to the minimum excess oxygen level found in 310 CMR 7.19(6)(a)7.
and reset burner controls to operate automatically at this higher stack gas oxygen level.
This margin above the minimum oxygen level accounts for fuel variations, variations in
atmospheric conditions, load changes, and non-repeatability or play in automatic
controls.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

9. If the load of the combustion unit varies significantly during normal operation, repeat
310 CMR 7.19(6)(a)1. through 8. for firing rates that represent the upper and lower limits
of the range of the load. Because control adjustment at one firing rate may effect
conditions at other firing rates, it may not be possible to establish the optimum excess
oxygen level at all firing rates. If this is the case, choose the burner control settings that
give best performance over the range of firing rates. If one firing rate predominates,
settings should optimize conditions at that rate.
10. Verify that the new settings can accommodate the sudden changes that may occur
in daily operation without adverse effects. Do this by increasing and decreasing load
rapidly while observing the flame and stack. If any of the conditions in 310 CMR
7.19(6)(a)5. result, reset the combustion controls to provide a slightly higher level of
excess oxygen at the affected firing rates. Next, verify these new settings in a similar
fashion. Then make sure that the final control settings are recorded at steady-state
operating conditions for future reference.
11. Alternatively, another tune-up procedure, such as found in MACT subpart JJJJJJ
[40 CFR 63.11223(b) and Table 2] or MACT Subpart DDDDD [40 CFR 63.7540(a)(10)
and Table 3], may be used if approved in writing by the Department and EPA.
12. Nothing in any tune-up procedure shall be construed to require any act or omission
that would result in unsafe conditions or would be in violation of any regulation or
requirement established by National Fire Prevention Association, Federal Occupational
Safety and Health Administration, or other applicable regulations or requirements.
(b) Testing, Recordkeeping, and Notification. Any person subject to 310 CMR 7.19(6)
shall:
1. provide written notification to the Department by January 1, 1995 that the facility is
subject to, and will comply with 310 CMR 7.19(6).
2. maintain records for five years of the tune-up, including:
a. date of tune-up;
b. person(s) conducting tune-up;
c. O2/CO (for gas) or O2/smoke spot (for oil) correlations obtained during tune-up;
d. boiler/burner manufacturer's recommended set-points;
e. final boiler set-points as result of tune-up;
f. normal boiler/burner maintenance records.
g. at least once per month verify that the settings determined during the tune-up
have not changed.

Figure 310 CMR 7.19(6) - 1

 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

Figure 310 CMR 7.19(6) - 2

(7) Stationary Combustion Turbines.

(a) Applicability and NOx RACT. After May 31, 1995, any person owning, leasing,
operating or controlling any stationary combustion turbine having an energy input capacity
of 25,000,000 Btu per hour or greater at a facility subject to 310 CMR 7.19, shall comply
with the following NOx and CO emission standards in 310 CMR 7.19(7)(a), except as
provided for in 310 CMR 7.19(2)(b), 7.19(2)(e), and 7.19(2)(f).
1. For combined cycle stationary combustion turbines, based on a one-hour average:
a. 42 ppmvd NOx, corrected to 15% O2, when firing gas, and
b. 65 ppmvd NOx, corrected to 15% O2, when firing oil, and
c. 50 ppmvd CO, corrected to 15% O2, when firing oil and/or gas.
2. For simple cycle stationary combustion turbines, based on a one hour average:
a. 65 ppmvd NOx, corrected to 15% O2, when firing gas, and
b. 100 ppmvd NOx, corrected to 15% O2, when firing oil, and
c. 100 ppmvd CO, corrected to 15% O2, when firing oil and/or gas.
3. For stationary combustion turbines using a monitoring system that satisfies the
requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance will be
based on a calendar day average.
4. Notwithstanding the CO emission standard stated in 310 CMR 7.19(7)(a)1.c. and
2.c., the Department may approve a higher CO emission standard for a stationary
combustion turbine if it is demonstrated that combustion conditions will not significantly
deteriorate with a higher CO emission standard.
(b) Applicability and NOx RACT. On or after two years from March 9, 2018, any person
owning, leasing, operating or controlling any stationary combustion turbine having an energy
input capacity of 25,000,000 Btu per hour or greater at a facility subject to 310 CMR 7.19
shall comply with the NOx and CO emission standards in 310 CMR 7.19(7)(b), except as
provided in 310 CMR 7.19(1)(d)., 7.19(2)(b), and 7.19(2)(e).
1. For combined cycle stationary combustion turbines, based on a one-hour average:
a. 25 ppmvd NOx, corrected to 15% O2, when firing gas, and
b. 42 ppmvd NOX, corrected to 15% O2, when firing oil, and
c. 50 ppmvd CO, corrected to 15% O2, when firing oil and/or gas.
2. For simple cycle stationary combustion turbines, based on a one hour average:
a. 40 ppmvd NOx, corrected to 15% O2, when firing gas, and
b. 50 ppmvd NOx, corrected to 15% O2, when firing oil, and
c. 100 ppmvd CO, corrected to 15% O2, when firing oil and/or gas.
3. For stationary combustion turbines using a monitoring system that satisfies the
requirements of 310 CMR 7.19(13)(b) to determine compliance, compliance will be
based on a calendar day average.
(c) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan. Any facility
subject to 310 CMR 7.19(7), shall comply with all applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(8) Stationary Reciprocating Internal Combustion Engines.

(a) Applicability and NOx RACT. After May 31, 1995, any person owning, leasing,
operating or controlling a reciprocating internal combustion engine having energy input
capacity of 3,000,000 Btu per hour or greater at a facility subject to 310 CMR 7.19, is subject
to 310 CMR 7.19(8) and shall comply with NOx RACT as defined in 310 CMR 7.19(8)(c),
(d) or (e) as applicable, except as provided for in 310 CMR 7.19(2)(b), 7.19(2)(e) and
7.19(2)(f).
(b) Exemption. An engine installed and operated in compliance with 310 CMR 7.02(8)(i),
310 CMR 7.03(10), or 310 CMR 7.26(42) is exempt from the requirements of 310 CMR
7.19(8).
(c) For a stationary reciprocating internal combustion engine that has operated 1000 hours
or more during any consecutive 12-month period since January 1, 1990, but has not operated
1000 hours or more during any consecutive 12-month period after March 9, 2018, the NOx
emission standard shall be:
1. For rich burn, gas-fired reciprocating internal combustion engines, 1.5 grams per
bhp-hr, based on a one hour average.
2. For lean burn, gas-fired reciprocating internal combustion engines, 3.0 grams per
bhp-hr, based on a one hour average.
3. For lean burn, oil-fired or dual fuel reciprocating internal combustion engines, 9.0
grams per bhp-hr, based on a one hour average.
4. For stationary reciprocating internal combustion engine using a monitoring system
that satisfies the requirements of 310 CMR 7.19(13)(b) to determine compliance,
compliance will be based on a calendar day average.
(d) For a stationary reciprocating internal combustion engine that has operated 1000 hours
or more during any consecutive 12-month period since March 9, 2018, the owner/operator
of such engine shall have until two years after the 12-month consecutive period that exceeded
the 1000 hours of operation to comply with the applicable NOx emission standards below:
1. For rich burn, gas-fired reciprocating internal combustion engines, 1.5 grams per bhp-
hr, based on a one hour average.
2. For lean burn, gas-fired reciprocating internal combustion engines, 1.5 grams per
bhp-hr, based on a one hour average.
3. For lean burn, oil-fired or dual fuel reciprocating internal combustion engines, 2.3
grams per bhp-hr, based on a one hour average.
4. For stationary reciprocating internal combustion engines using a monitoring system
that satisfies the requirements of 310 CMR 7.19(13)(b) to determine compliance,
compliance will be based on a calendar day average.
(e) For a stationary reciprocating internal combustion engine that has not operated 1000
hours or more during any consecutive 12 month period since January 1, 1990, the NOx
emission standard shall be:
1. the emission standard in 310 CMR 7.19(8)(c) or (d), as applicable; or, set and
maintain the ignition timing of the engine four degrees retarded relative to standard
timing; provided the ignition timing shall not be retarded beyond the point that:
a. the CO emission concentration increases by 100 ppmvd, corrected to 15% O2, or
b. the turbocharger speed is increased beyond the maximum operating speed
recommended by the manufacturer, or
c. the exhaust port temperature increases beyond the manufacturer's recommended
maximum operating temperature.
2. install and maintain an elapsed time meter to indicate, in cumulative hours, the
elapsed engine operating time for the previous 12 months;
3. determine the hours of operation for each engine for the previous 12-month period
on a monthly basis;
4. notify the Department if the operation exceeds 1000 hours for any consecutive 12-
month period, and the facility is subject to the emission standard in 310 CMR 7.19(8)(c)
or (d), as applicable.
5. maintain records to certify that the ignition timing of the engine has been inspected
and adjusted at least once every three years.
(f) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan. Any facility
subject to 310 CMR 7.19(8), shall comply with all applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(9) Small Municipal Waste Combustor Units.

(a) Applicability and NOx RACT. Any person owning, leasing, operating or controlling a
small municipal waste combustor unit as defined in 310 CMR 7.08(2) with potential
emissions of NOx equal to or greater than 25 tons per year at a facility having potential
emissions, before application of air pollution control equipment, greater than or equal to 50
tons per year of NOx shall comply with 310 CMR 7.19(9).
1. Until the dates specified in 310 CMR 7.19(9)(a)2.a. and b., the NOx emission
standard for a municipal waste combustor unit subject to 310 CMR 7.19(9) is 0.6 pounds
per million Btu, based on a one hour average, while burning municipal waste, except as
provided for in 310 CMR 7.19(2)(b), (2)(e) and (2)(f). However, for any municipal waste
combustor unit equipped with a continuous emissions monitoring system, the averaging
time shall be based on a calendar day average.
2. Beginning on the dates specified in 310 CMR 7.19(9)(a)2.a. and b., the NOx emission
standard for a municipal waste combustor unit subject to 310 CMR 7.19(9) is 167 parts
per million corrected to 7% oxygen by volume, based on a calendar day average, while
burning municipal waste, except as provided for in 310 CMR 7.19(2)(b), (2)(e) and
(2)(f).
a. For any person subject to 310 CMR 7.19(9) not submitting an emission control
plan application as specified in 310 CMR 7.19(9)(b), the standard in 310 CMR
7.19(9)(a)1. is in effect until June 7, 2018 and the standard in 310 CMR 7.19(9)(a)2.
is in effect beginning June 8, 2018.
b. For any person subject to 310 CMR 7.19(9) submitting an emission control plan
application as specified in 310 CMR 7.19(9)(b), the standard in 310 CMR
7.19(9)(a)1. is in effect until one year after issuance of the Department approval and
the standard in 310 CMR 7.19(9)(a)2. is in effect beginning one year and one day
after issuance of the Department approval, but no later than March 10, 2020.
(b) Testing, Monitoring, Recordkeeping Reporting and Emission Control Plan. Any person
subject to 310 CMR 7.19(9) shall either comply with the applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) or comply with
the applicable testing, monitoring, recordkeeping, and reporting requirements contained in
310 CMR 7.08(2) and shall submit an emissions control plan as required by 310 CMR
7.19(3) or submit a notification to the Department no later than April 9, 2018 stating that the
facility as currently equipped is in compliance with the requirements of 310 CMR 7.19(9).
(c) Ammonia. No later than the dates specified in the approval issued by the Department
under 310 CMR 7.19(2)(b) or (3)(a), any person subject to 310 CMR 7.19(9) utilizing
ammonia or urea for NOx control shall:
1. conduct ammonia optimization testing;
2. submit a report to the Department correlating NOx emissions and ammonia slip;
3. propose an ammonia emissions limit that the Department will review and may modify
before incorporating in the unit's approval; and
4. if using an ammonia continuous emission monitoring system to demonstrate
compliance, obtain, at a minimum, valid hourly averages based on at least two data
points per hour, for at least 90% of the operating hours per calendar quarter and 95% of
the operating hours per calendar year that the affected facility is combusting municipal
solid waste.

((10) Reserved)

(11) Glass Melting Furnaces.

(a) Applicability and NOx RACT. After May 31, 1995, any person owning, leasing,
operating or controlling a container glass melting furnace having a maximum production rate
of 14 tons of glass removed from the furnace per day or greater, at a facility subject to
310 CMR 7.19, shall comply with an emission standard of 5.3 pounds of NOx per ton of glass
removed from the furnace based on a calendar day average, except as provided for in
310 CMR 7.19(2)(b), (e) and (f).
(b) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan Any facility
subject to 310 CMR 7.19(11), shall comply with any applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(12) Miscellaneous RACT.

(a) Applicability. Any emissions unit with potential emissions of NOx equal to or greater
than 25 tons per year at a facility having potential emissions, before application of air
pollution control equipment, greater than or equal to 50 tons per year of NOx is subject to
310 CMR 7.19(12) and shall comply with the source specific RACT for that emissions unit.
(b) Emissions Exemptions.
1. RACT is not required to be defined under 310 CMR 7.19(12) for any emissions unit
that since January 1, 1990 has been approved as Best Available Control Technology or
Lowest Achievable Emission Rate in an approval containing specific emission limits or
work practice standards issued under a federally enforceable regulation.
2. RACT is not required to be defined under 310 CMR 7.19(12) for any emissions unit
either subject to a RACT standard under 310 CMR 7.19(4), (5), (6), (7), (8), or (11) or
exempt under 310 CMR 7.19(1)(c)2. through 8.
(c) NOx Reasonably Available Control Technology Requirements. After May 31, 1995, no
person subject to the requirements of 310 CMR 7.19(12) shall cause, suffer, allow or permit
emissions from the facility in excess of an emission rate achievable through the
implementation of reasonably available control technology as required in an emission control
plan approved under 310 CMR 7.19(3).
(d) Emission Control Plan Requirements. Any person subject to 310 CMR 7.19(12)(a)
must submit an emission control plan as required by 310 CMR 7.19(3) by April 1, 1994 to
demonstrate how compliance will be achieved. The emission control plan and the plan
approval issued by the Department under 310 CMR 7.19(3) must also be approved by the
EPA as a Massachusetts SIP revision.
(e) Testing, Monitoring, Recordkeeping, Reporting and Emission Control Plan. Any facility
subject to 310 CMR 7.19(12), shall comply with any applicable testing, monitoring,
recordkeeping, and reporting requirements contained in 310 CMR 7.19(13) and shall submit
an emission control plan as required by 310 CMR 7.19(3).

(13) Testing, Monitoring, Recordkeeping, and Reporting Requirements.

(a) Applicability. Any person subject to 310 CMR 7.19(2)(b), (4), (5), (7), (8), (9), (10),
(11), (12) or (14) shall comply with 310 CMR 7.19(13). For any variance of a requirement
under 310 CMR 7.19(13), the variance must be made federally enforceable. A variance from
the requirement will be given only where it will not adversely impact the ability to monitor
emissions. Regardless of the Department’s determination in the emission control plan, any
facility that is subject to 40 CFR Parts 60 and 75 must still comply with those requirements.
1. For boilers with an energy input capacity greater than or equal to 250,000,000 Btu per
hour, compliance with the NOx and CO emission standards shall be demonstrated with
a continuous emissions monitoring system (CEMS) as specified in 310 CMR
7.19(13)(b), and recordkeeping and reporting as specified in 310 CMR 7.19(13)(d).
2. For boilers with an energy input capacity equal to or greater than 100,000,000 Btu per
hour and less than 250,000,000 Btu per hour, compliance with the NOx and CO emission
standards shall be demonstrated by performing an annual stack test as specified in
310 CMR 7.19(13)(c), and recordkeeping and reporting as specified in 310 CMR
7.19(13)(d). The annual stack test requirement is waived for boilers equipped with a
CEMS satisfying the requirements of 310 CMR 7.19(13)(b).
3. For multiple emission units that are complying with 310 CMR 7.19(14), compliance
with the CO (as applicable) and NOx emission standards shall be demonstrated:
a. with a continuous emissions monitoring system (CEMS) as specified in 310 CMR
7.19(13)(b), or
b. for emission unit(s) not required by 310 CMR 7.19(13)(a) to use CEMS to
determine compliance, by performing an annual stack test as specified in 310 CMR
7.19(13)(c). The emission rate from the stack tested emission unit shall be adjusted
by a compliance assurance multiplier determined by the Department within the range
of 1.1-1.25.
c. for emission unit(s) not generating surplus emission reductions to be used by
another emission unit in the average, compliance may alternatively be determined by
the procedure contained in 310 CMR 7.19(13)(a) for similar emission units (e.g., a
stationary combustion turbine burning the same fuel with the same energy input) that
are not emissions averaging to determine compliance.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

4. a. For boilers with an energy input capacity equal to or greater than 50,000,000 Btu
per hour and less than 100,000,000 Btu per hour, compliance with the NOx and CO
emission standards shall be demonstrated by performing an initial stack test as
specified in 310 CMR 7.19(13)(c). The recordkeeping in 310 CMR 7.19(13)(d) shall
apply.
b. For boilers complying with the requirement on allowable oxygen level, an oxygen
analyzer and recorder shall be utilized. The recordkeeping in 310 CMR 7.19(13)(d)
shall apply.
5. For combined cycle combustion turbines with an energy input capacity greater than
or equal to 100,000,000 Btu per hour, compliance with the NOx and CO emission
standards shall be demonstrated with a continuous emission monitoring system (CEMS)
as specified in 310 CMR 7.19(13)(b) and recordkeeping as specified in 310 CMR
7.19(13)(d).
6. For combined cycle combustion turbines with an energy input capacity less than
100,000,000 Btu per hour, compliance with the NOx and CO emission standards shall be
demonstrated by performing an annual stack test as specified in 310 CMR 7.19(13)(c).
The annual stack test requirement is waived for combined cycle combustion turbines
equipped with a monitoring system satisfying the requirements of 310 CMR 7.19(13)(b).
7. For simple cycle combustion turbines, compliance with the NOx and CO emission
standards shall be demonstrated by performing an annual stack test as specified in
310 CMR 7.19(13)(c).
8. For stationary reciprocating internal combustion engines with an energy input
capacity greater than or equal to 30,000,000 Btu per hour, compliance with the NOx
emission standards shall be demonstrated with a continuous emissions monitoring system
(CEMS) as specified in 310 CMR 7.19(13)(b) and recordkeeping as specified in 310
CMR 7.19(13)(d). For engines operating less than 1000 hours per year in this size range
compliance shall be determined by recordkeeping as required in 310 CMR 7.19(8)(e).
9. For stationary reciprocating internal combustion engines with an energy input
capacity less than 30,000,000 Btu per hour and operating 1000 hours or more in any
consecutive 12 month period, compliance with the applicable emission standard shall be
demonstrated by performing an initial stack test as as specified in 310 CMR 7.19(13)(c),
and recordkeeping as specified in 310 CMR 7.19(13)(d). For engines operating less than
1000 hours per year in this size range compliance shall be determined by recordkeeping
as required in 310 CMR 7.19(8)(e).
10. For glass melting furnaces, compliance with the applicable emission standard shall
be demonstrated by performing an annual stack test as specified in 310 CMR 7.19(13)(c),
and recordkeeping and reporting as specified in 310 CMR 7.19(13)(d). The annual stack
test requirement is waived for glass melting furnaces equipped with a CEMS satisfying
the requirements of 310 CMR 7.19(13)(b).
11. For emission units subject to 310 CMR 7.19(2)(b) or 7.19(12), compliance with the
applicable emission standard shall be demonstrated through a combination of continuous
emissions monitoring, stack testing and/or recordkeeping specified in the approved
emission control plan.
12. The Department or EPA may require compliance stack testing beyond that listed
above.
13. For municipal waste combustors with potential emissions greater than 25 tons per
year of NOx, compliance with the applicable NOx emissions standard shall be
demonstrated by performing an annual stack test as specified in 310 CMR 7.19(13)(c),
and recordkeeping and reporting as specified in 310 CMR 7.19(13)(d). However, for any
municipal waste combustor unit that in May 1995 is equipped with a continuous
emissions monitoring system (CEMS), compliance shall be demonstrated with a CEMS
as specified in 310 CMR 7.19(13)(b) and recordkeeping and reporting as specified in
310 CMR 7.19(13)(d).
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

(b) Continuous Emissions Monitoring Systems (CEMS). Any person required to monitor
NOx emissions (i.e., through NOx concentrations and the associated diluent concentrations)
pursuant to 40 CFR 75, shall use the procedures contained either therein or in 310 CMR
7.19(13)(b)1. through (b)14. to gather and analyze data and provide quality assurance and
quality control in order to determine compliance with 310 CMR 7.19, except that missing
data routines and bias adjustment factors do not need to be applied. Any person subject to
40 CFR 75 for NOx also may monitor CO emissions using 40 CFR 75 procedures to gather
and analyze data and provide quality assurance and quality control in order to determine
compliance with 310 CMR 7.19, except that CO quality assurance performance
specifications shall comply with 40 CFR 60: Appendix B as an alternative to compliance
with 310 CMR 7.19(13)(b)1. through (b)14. Any person subject to 310 CMR 7.19(13)(b)
shall comply with 310 CMR 7.19(13)(b)9., 10., 11., and 12. for data averaging, hourly data
validity, and data capture requirements. Any person operating a CEMS subject to 40 CFR
75 for NOx may conduct Quarterly Quality Assurance activities for CO in accordance with
the same 40 CFR 75 timelines as NOx. Any person subject to 310 CMR 7.19(13)(b)1.
through (b)14., but not 40 CFR 75, may choose to use 40 CFR 75 procedures to gather and
analyze data and provide quality assurance and quality control for NOx and CO emissions
(i.e., pollutant and diluents) in accordance with 40 CFR 75 as described above; however, the
CEMS first must be re-certified in accordance with 40 CFR 75 for NOx and CO, except that
CO quality assurance performance specifications in 40 CFR 60: Appendix B shall apply. Any
person demonstrating compliance with 310 CMR 7.19 for emission units using CEMS who
is not subject to or choosing to follow 40 CFR 75 shall:
1. for any emission unit either already having a CEMS in place or having a CEMS being
procured or installed, submit a preliminary CEMS monitoring plan for Department
approval as part of the emission control plan required in 310 CMR 7.19(3), unless the
CEMS is already certified and approved by the Department or EPA;
2. for any emission unit not covered under 310 CMR 7.19(13)(b)1., submit a
preliminary CEMS monitoring plan for Department approval at least 180 days prior to
equipment installation;
3. include the following information in the preliminary CEMS monitoring plan: source
identification, source description, control technology description, the applicable
regulations, the type of monitor, a monitoring system flow diagram, a description of the
data handling system, and a sample calculation demonstrating compliance with the
emission limits using conversion factors from 40 CFR 60 or approved by the Department
and EPA;
4. submit a CEMS certification protocol at least 90 days prior to certification testing for
the CEMS, and submit any proposed adjustment to the certification testing at least seven
days in advance;
5. include the following information in the certification protocol, which must be found
acceptable by the Department: the ___location of and specifications for each instrument or
device, as well as procedures for calibration, operation, data evaluation and data
reporting;
6. install, calibrate, maintain and operate a CEMS for measuring NOx, and CO, and
either O2 or CO2 at locations approved in the Department's approval of the CEMS
certification protocol and record the output of each CEMS;
7. submit a certification report within 60 days of the completion of the certification test
for review and written Department approval;
8. certify each CEMS in accordance with the performance specifications contained in
40 CFR 60: Appendix B and quality assurance and quality control procedures contained
in 40 CFR 60: Appendix F and continue to comply with the requirements of 40 CFR
60 Appendix F;
9. calculate a calendar month average from each operating day average within the
applicable month; an operating day must consist of at least four operating hours,
including startup and shutdown time;
10. calculate a calendar day average for each operating day from a block hourly average
for each hour the emissions unit is operating;
11. calculate a block hourly average from at least three data points, generated by a
CEMS at 15 minute intervals over each one-hour period or in accordance with 40 CFR
60.13(h)(2);
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

12. operate each continuous emission monitoring system at all times that the emissions
unit(s) is operating except for periods of CEMS calibrations checks, zero span
adjustment, and preventive maintenance as described in the preliminary monitoring plan
submitted to the Department and as determined during certification. Notwithstanding
such exceptions, in all cases obtain valid data for at least 75% of the hours per operating
day, 75% of the operating days per month, and 95% of the hours per quarter during which
the emission unit is operating;
13. use only valid data to calculate the emissions rate averages using conversion factors
from 40 CFR 60 or approved by the Department and EPA; and
14. Any person required to utilize a monitoring system to determine compliance of a
stationary reciprocating engine or stationary combustion turbine with the applicable NOx
emissions standard may monitor process or control device parameters provided it is
demonstrated to the Department, and the Department approves in writing, that the
parametric monitoring system (PMS) provides an equivalent degree assurance of
compliance with the emissions standard. Alternatively, the Department or EPA may
approve a predictive emission monitoring system that meets EPA performance
specification PS-16. The Department or EPA may require any conditions it deems
necessary to assure continuous compliance.
(c) Stack Testing Any person required to demonstrate compliance with a NOx emission
standard contained in 310 CMR 7.19 by stack testing shall comply with 310 CMR
7.19(13)(c). That person shall:
1. submit a pretest protocol for the required emission test for review and Department
approval at least 60 days prior to the anticipated date of testing;
2. include in the pretest protocol, a description of sampling point locations, sampling
equipment, sampling and analytical procedures, and the operating conditions for the
required testing;
3. conduct compliance stack testing in accordance with procedures set forth in
Appendix A of 40 CFR Part 60 or another method approved by the Department and EPA;
4. perform the initial compliance stack test on the emission unit before August 1, 1995
for existing emission units, or within 90 days of continuous operation for new emission
units to demonstrate compliance;
5. perform the annual compliance test, where annual compliance stack testing is
required either by 310 CMR 7.00 or in the approved emission control plan, on the
emission unit prior to October 1st of each year beginning 1995;
6. submit the emission test report for the review and written Department approval
within 60 days of the completion of the compliance stack testing.
(d) Recordkeeping and Reporting. Any person required to demonstrate compliance with
310 CMR 7.19 by recordkeeping and reporting shall comply with 310 CMR 7.19(13)(d).
That person:
1. shall maintain a record of all measurements, performance evaluations, calibration
checks, and maintenance or adjustments for each continuous emission monitor;
2. shall submit to the Department's regional office by the 30th day of April, July,
October, and January of each calendar year, a report showing any excess emissions as
measured by a CEMS within the previous calendar quarter (January-March, April-June,
etc.) and shall include:
a. the date and time of commencement and completion of each period of excess
emissions and the magnitude of the excess emissions for each hour;
b. identification of the suspected reason for the excess emissions and any corrective
action taken;
c. the date and time that any CEMS stopped collecting valid data and when it started
to collect valid data again, except for zero and span checks; and
d. the nature and date of system repairs; or
In the event none of the above items have occurred such information shall be stated in
the report; or
3. shall measure and record for each unit on a daily basis: type fuel(s) burned each day,
heat content of each fuel, the total heating value of the fuel consumed for each day, the
actual emission rate (for emissions units demonstrating compliance with CEMS), and the
allowable emission rate. For units complying with 310 CMR 7.19(14), daily records
should also include a summation of these values for all units included in the average, as
well as any other data needed to demonstrate compliance.
 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7.19: continued

4. shall submit to the Department the necessary information (calculations and data) to
demonstrate an applicable emission unit has an annual capacity factor of less than 10%
in accordance with 310 CMR 7.19(1)(d). This documentation shall be provided to the
Department in the first quarter of each year (i.e., no later than March 31st), and may be
included in the fourth quarter RACT quarterly report (due January 30th) if the facility
operates other RACT sources.
5. shall obtain a certification from the fuel supplier for each shipment of residual oil that
includes the following information:
a. the name of the oil supplier;
b. the nitrogen content of each oil shipment (acceptable test methods for determining
nitrogen content of the oil are ASTM methods D3228 and D4629 or any other
method approved by the Department and EPA);
c. the ___location where the sample was drawn for analysis to determine the nitrogen
content of the oil, specifically including whether the oil was sampled as delivered to
the affected facility or whether the sample was drawn from oil in storage at the oil
supplier's or oil refiner's facility or another ___location;
6. may, as an alternative to the fuel supplier certification required in 310 CMR
7.19(13)(d)5., elect to sample and analyze the residual oil immediately after the fuel
tank is filled and before any oil is combusted for each new shipment according to
methods approved by the Department;