310 C.M.R. 7.03 – U Plan Approval Exemption: Construction Requirements

(1) General.
1. (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).
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.
3. (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.
4. (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.
  1. 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:
1. (a) 310 CMR 7.02(5)(a)7. relating to Prevention of Significant Deterioration (PSD) requirements or the need for Non-attainment Review;
2. (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;
3. (c) 310 CMR 7.02(5)(a)10. relating to Department determinations of a potential condition of air pollution;
4. (d) 310 CMR 7.02(5)(a)5. relating to any incinerator;
5. (e) 310 CMR 7.02(4)(a)3. relating to plan approvals; or
6. (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.
1. (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).
2. (b) Persons who already have plan approval for emission units that might otherwise be subject to 310 CMR 7.03 must continue to comply with the terms and conditions of the plan approval and are not subject to the requirements of 310 CMR 7.03.
(5) Reporting. Any construction, substantial reconstruction or alteration, as described in 310 CMR 7.03, at a facility subject to the reporting requirements of 310 CMR 7.12, shall be reported to the Department on the next required source registration.
(6) Record-keeping. A record-keeping system shall be established and continued in sufficient detail to document the date of construction, substantial reconstruction or alteration and that the respective emission rates, operational limitations, equipment specifications and other requirements pursuant to 310 CMR 7.03 are met. All records shall be maintained up-to-date such that year-to-date information is readily available for Department examination.
(7) Operation. No person shall operate a facility constructed, substantially reconstructed or altered pursuant to 310 CMR 7.03 except in conformance with the requirements established herein. This exemption from the requirements of 310 CMR 7.02(4) and (5) shall not affect the responsibility of the owner or operator to comply with other provisions of 310 CMR 7.00, other applicable regulations or any plan approval, notice of noncompliance order, PSD permit or other approval issued to said facility.
(8) Degreaser. Construction, substantial reconstruction or alteration of any degreaser in compliance with the criteria established in 310 CMR 7.18(8), regardless of the item being degreased, with a solvent consumption rate of less than 100 gallons per month. Consumption rate is the amount of solvent added into the unit less any documented solvent waste disposal or recycling amounts, each in gallons per month.
(9) Wave Solder. Construction, substantial reconstruction or alteration of an oil-less wave solder operation or any wave solder operation with a flux consumption rate, including any thinner, of less than 200 gallons per month, either equipped with an electrostatic precipitator capable of maintaining a particulate control efficiency of greater than 90% or emitting visible emissions with 0% opacity.
(10) Emergency or Standby Engine.
1. (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. 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. 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. 3. Utilize an exhaust stack that discharges so as to not cause or contribute to a condition of air pollution; and
  4. 4. Operate only:
    1. 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;
    2. b. as part of the 100 hours, for up to 50 hours per calendar year for non-emergency situations; and
    3. 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.
2. (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.
3. (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.

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(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.
1. (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. 1. For web presses installed on or after May 1, 1998, the fountain solution shall not contain any alcohol.
  2. 2. For sheet-fed presses with cylinder widths greater than 21 inches installed on or after July 1, 1992:
    1. a. The fountain solution shall be maintained at 3% by weight or less of alcohol; or
    2. 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(cid:69)F.
  3. 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. 4. For newspaper printing, the fountain shall contain 0% alcohol.
  5. 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.
2. (c) Cleanup solution containing VOC shall meet the following criteria:
  1. 1. Cleanup solution as used at the press shall either:
    1. a. not exceed 70% by weight VOC; or
    2. b. have a VOC composite partial pressure of 10 mmHg or less at 20(cid:69)C (68(cid:69)F).
  2. 2. Cleanup solution shall be kept in tightly covered containers during transport and storage; and
  3. 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.
3. (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.
4. (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. 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:
    1. a. Alcohol;
    2. b. Makeup solvent;
    3. c. Fountain additives, including fountain solution alcohol substitute;
    4. d. Fountain solution concentrate;
    5. e. Printing Ink;
    6. f. Cleanup solution;
    7. g. Adhesives; and
    8. h. Overprint coatings.
  2. 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. 3. The weight percent of VOC-containing fountain additives other than alcohol in the fountain solution;
  4. 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. 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).
5. (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.
1. (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.
  1. 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.
2. (b) The coating operation shall be of a type described in 310 CMR 7.18, regardless of annual or potential emission applicability criteria contained in 310 CMR 7.18. These operations are: 310 CMR 7.18(3) Metal Furniture Surface Coating; 310 CMR 7.18(4) Metal Can Surface Coating; 310 CMR 7.18(5) Large Appliance Surface Coating; 310 CMR 7.18(6) Magnetic Wire Insulation Surface Coating; 310 CMR 7.18(10) Metal Coil Coating; 310 CMR 7.18(11) Surface Coating of Miscellaneous Metal Parts and Products; 310 CMR 7.18(21) Plastic Parts Surface Coating;
  310 CMR 7.18(22) Leather Surface Coating; 310 CMR 7.18(23) Wood Products Surface Coating; 310 CMR 7.18(24) Flat Wood Paneling Surface Coating; and 310 CMR 7.18(28) Automotive Refinishing. Operations not listed in 310 CMR 7.03(16)(b) are not covered by this exemption and
require either a Limited Plans Application (LPA) or Comprehensive Plans Application (CPA) as required by 310 CMR 7.02. (c) All coatings used in the new or modified spray booth shall comply with the as-applied formulations contained in 310 CMR 7.18 for the spray coating of material described by the relevant subsection. Notwithstanding the previous statement, for any person who owns, leases, operates or controls a facility with coating operation(s) subject to 310 CMR 7.03(16), the emissions of VOC from any coatings used in small amounts at the facility are exempt from the emission limitations of the relevant subsection, provided the person satisfies the following conditions:
1. 1. the total amount of all coatings exempted does not exceed 55 gallons during any rolling 12 month period at the facility; and,
2. 2. the person identifies and tracks the usage of the coatings covered by this exemption; and,
3. 3. the person complies with the record keeping and testing requirements of the applicable section(s) of 310 CMR 7.03(16)(b).
1. (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. 1. Electrostatic spray application; or
  2. 2. High Volume Low Pressure (HVLP) spray application; or
  3. 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.
2. (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.
3. (f) Face velocity of air at filter shall not exceed 200 feet per minute.
4. (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.
5. (h) Spray guns shall be cleaned in a device that:
  1. 1. minimizes solvent evaporation during the cleaning, rinsing, and draining operations;
  2. 2. recirculates solvent during the cleaning operation so that the solvent is reused; and,
  3. 3. collects spent solvent in a container with a tight-fitting cover so that it is available for proper disposal or recycling.
6. (i) The paint spray booth shall have a stack conforming to the following criteria:
  1. 1. The stack shall discharge vertically upwards;
  2. 2. The stack shall not have rain protection of a type that restricts the vertical exhaust flow;
  3. 3. The stack gas exit velocity shall be greater than 40 feet per second; and
  4. 4. The minimum stack exit height shall be 35 feet above the ground or ten feet above roof level.
7. (j) Emissions from stack shall have 0% opacity.
8. (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. 1. For each coating, as applied:
    1. a. Gallons of coating used;
    2. b. Coating density (Pounds per gallon);
    3. c. Pounds of VOC per gallon of coating;
    4. d. Pounds of solids per gallon of coating;
    5. e. Pounds of water per gallon of coating;
    6. f. Pounds of other non-VOC liquid per gallon of coating; and
    7. g. Pounds of VOC per gallon of solids as applied.
  2. 2. Gallons of exempt/non-compliance coatings used; and
  3. 3. Gallons of cleanup solution used and pounds VOC per gallon; and
  4. 4. Maintenance records of filter pad replacement and disposal.
9. (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.
10. (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:
1. (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. 1. CGTS followed by carbon adsorber, incinerator or equivalent air pollution control device; or
  2. 2. Contaminated soil venting followed by carbon adsorber, incinerator or equivalent air pollution control device.
2. (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. 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. 2. Inlet/outlet incinerator temperature indicators;
  3. 3. For a CGTS, flowmeter(s) indicating rate and total amount of groundwater being treated, if applicable; and
  4. 4. On-site regeneration of carbon or regularly scheduled replacement of carbon, if used.
3. (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. 1. Once per month, measurement of water flow rate and total flow to date for the month;
  2. 2. For a CGTS, once per month measurement of inlet and effluent water VOC concentration;
  3. 3. Once per month, measurement of VOC concentration in air prior to control, and VOC concentrations after control;
  4. 4. Once per month, measurement of overall VOC reduction efficiency of the air pollution control system in percent by weight;
  5. 5. Maintenance records of the system;
  6. 6. Monthly operating hours of the system;
  7. 7. Once per month, measurement of incinerator outlet temperatures; and
  8. 8. Carbon regeneration/replacement records.
(18) Fuel Cells. Construction, substantial reconstruction or alteration of any fuel cell(s) complying with the following criteria:
1. (a) The emissions from the fuel cell will not exceed the following standards based upon a one hour averaging time:
  1. 1. NOx - 0.03 pounds per megawatt hour.
  2. 2. Carbon Monoxide - 0.05 pounds per megawatt hour.
  3. 3. Non methane organic compounds - 0.008 pounds per megawatt hour.
2. (b) Any person subject to 310 CMR 7.03(18) shall keep records of monthly electric generation.
(19) Flexographic, Gravure, Letterpress and Screen Printing. On and after May 1, 1998, construction, substantial reconstruction, or alteration of any flexographic, gravure, letterpress, or screen printing press at a facility that is not subject to 310 CMR 7.26(20) through (29), but that is utilizing materials containing VOC or organic material including, but not limited to, printing inks and overprint coating, alcohol, makeup solvents, and cleanup solutions complying with the applicable performance standards in 310 CMR 7.26(25) and 310 CMR 7.26(26), shall be subject to the limits and reporting requirements in either 310 CMR 7.03(19)(a)1. or 2. and shall also be subject to the requirements in 310 CMR 7.03(19)(c) and to the recordkeeping requirements in 310 CMR 7.03(19)(b).
1. (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
  1. 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.
2. (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.
3. (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:
1. (a) Have a maximum heat input capacity less than or equal to the boiler it is replacing;
2. (b) Be installed for a period not to exceed 120 days;
3. (c) Use the same or lower sulfur content fuel as the boiler it is replacing; and
4. (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:
1. (a) The facility uses ten tons or less of welding rod per year; and
2. (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.
1. (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. 1. a product derived in whole or in part from biotechnology, and
  2. 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).
2. (b) Surface disinfection processes shall comply with the following criteria:
  1. 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.
    1. 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.
    2. 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. 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. 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. 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. 5. Cleaning, sterilization, disinfection, and other operations:
    1. 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
    2. 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. 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:
    1. a. Gallons of VOC used;
    2. b. Pounds of VOC used;
    3. c. Gallons of individual and total HAP used; and
    4. d. Pounds of individual and total HAP used.
(26) Rock Crushing and Processing Operations - Existing Equipment Replacement.
1. (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.
2. (b) Definitions. When used in 310 CMR 7.03(26) the following terms shall mean:
  1. 1. Conveying Systems means a device for transporting materials from one piece of equipment or location to another piece of equipment or location.
  2. 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. 3. Dust Suppression System means a water spray system designed to minimize fugitive emissions throughout the rock crushing and processing operation.
  4. 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. 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.
3. (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. 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. 2. Equipment replacement will not increase overall processing capacity or emissions (including noise) from the rock crushing and processing operation, and
  3. 3. The owner or operator complies with the provisions of 310 CMR 7.03(26) in its entirety, and
  4. 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. 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.
4. (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.
5. (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).
6. (f) Reporting. Replacement of equipment shall be reported to the Department in accordance with the provisions of 310 CMR 7.03(5).
7. (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.