U.1 DEPMTMBIT OF COMMERCE
National Ttctakai Information Senrica
PB-290 270
Air Pollution Regulations in State
Implementation Plans: Massachusetts
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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&ER&
PB 290270
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-071..
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Massachusetts
D)r3^M-^<=--' ••")
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-071
2:
3. RECIPIENT'S ACCESSION-NO.
£.6 £Qc 270
4. TITLE AND SUBTITLE 5. REPORT DATE
Air Pollution Regulations in State Implementation i August 1978
•Plans: Massachusetts
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
Jg 14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1 , 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage) 22. PRICE cr^ / H f
Unclassified /? & 7 / £•&!
EPA Form 2220-1 (9-73)
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EPA-450/3-78-071
Air Pollution Regulations
in State Implementation Plans
Massachusetts
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-071
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
MASSACHUSETTS
Submittal Date
2/22/72
8/28/72
11/14/74
6/25/76
6/25/76
7/22/76
12/30/76
12/30/76
4/1/77
Approved Date
5/31/72
10/28/72
10/28/76
2/15/77
5/19/77
2/1/77
7/12/77
9/2/77
8/22/77
Description
Emergency Episode Plan:
Supplement
Definitions, Regs. 2.1,
2.5, 4.2, 6.1.2, 6.3.1,
8.1.6, 9.1, 15
Reg. 50
Reg. 5.1.2(e) for CMAPCD
Reg. 5.1 w/provisions for
Fitchburg
Reg. 5.1.2(d) for PVAPCD
Reg. 5.1.2(c) for MVAPCD
Reg. 5.1.2(f) for SEMAPCD
Reg. 5 for MBAPCD
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FEDERAL REGULATIONS
Section Number • Description
52.1124 Regulation for Review of New or Modified
Indirect Sources
52.1128 Transportation and Land Use Control
52.1134 - Transportation Control Related Regulations
52.1145
52.1146 Regulation on Architectural Coatings
52.1147 Federal Compliance Schedule
52.1148 - Transportation Related Regulations
52.1155
52.1156 Regulation for Public Availability of Emissions
Data
52.1160 - Transportation Control Related Regulations
52.1164
52.1165 Prevention of Significant Deterioration
VI
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VII
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 • SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes.
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIM
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(2.0)
(3.0)
(10.0)
(51.21)
(51.21)
(51.5)
(50.2)
(51.6)
(50.2)
(50.1.2)
(51.13)
(51.9)
(50.1.3)
(50.6)
(50.7)
(12.0)
(13.0)
STATE
Regulation
Number
1
2
3
4
5
5
6
7
8
9
10
11
12
REGULATIONS
Title
Definitions
General Regulations to
Prevent Air Pollution
Plans Approval and
Emission Limitations
Nuclear Energy
Utilization Facilities
Fossil Fuel Utilization
Facilities
Fuels - All AQCR's unless
stated otherwise
MBAPCD Only
Visible Emissions
Open Burning
Incinerators
Dust and Odor
Noise
Transportation Media
Registration Record Keeping
Page
1
6
6
17
17
18
25
30
32
34
35
36
36
and Reporting 37
IX
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Revised Standard
Subject Index
(9.0)
(9.0)
(13.0)
(50.7)
_^_
(5.0)
(16.0)
(15.0)
(2.0)
Regulation
Number
13
14
15
16-49
50
51
52
53-59
60
REGULATIONS FOR THE
OF AIR POLLUTION
Title
Stack Testing
Monitoring Devices and
Reports
(Reserved for future use)
Variances
Hearings Relative to Orders
and Approvals
Enforcement Provisions
(Reserved for future use)
Severability
PREVENTION AND/OR ABATEMENT
EPISODE AND AIR POLLUTION
INCIDENT EMERGENCIES
Revised Standard
Subject Index
(8.0)
(1.0)
(8.0)
Regulation
Number
1
2
3
Title
Introduction
Definitions
Air Pollution Episode
Criteria
Page
38
39
40
40
40
41
41
41
41
Page
43
44
46
(8.0) 4 Air Pollution Episode 50
Potential Advisories
(8.0) 5 Declaration of Air
Pollution Episodes and 50
Incidents
(8.0) 6 Termination of Air
Pollution Episodes and 50
Incident Emergencies
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Revised Standard
Subject Index
(8.0)
(8.0)
(8.0)
(8.0)
(5.0)
(16.0)
(15.0)
(2.0)
Regulation
Number
7
8
9
10-14
15
16-19
20
21
22
23-29
30
Title Page
Emission Reductions 51
Strategies
Emission Reduction Plans 53
(ERP)
Prohibition of Air Pollution 54
(No regulations) 54
Air Pollution Incident 54
Emergency (APIE)
(No regulations) 54
Variances 55
Hearing 55
Enforcement Provisions 55
(No regulations) 55
Severability 55
FEDERALLY. PROMULGATED REGULATIONS
Revised Standard
Subject Index
(10.0)
(12.0)
(12.0)
(12.0)
(12.0)
Section
Number
52.1124
52.1128
52.1134
52.1135
52.1138
Title Page
Review of New or 57
Modified Indirect Sources
Transportation and Land 67
use controls
Regulation limiting 69
on-street parking by
commuters
Regulation for 71
parking freeze
Regulation for 76
Computer carpool
matching
XI
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Revised Standard Section Title Page
Subject Index Number
(12.0) 52.1139 Preferential bus/carpool 75
treatment
(12.0) 52.1140 Regulation for Inspection 79
and maintenance
(12.0) 52.1144 Regulation on evaporative 82
emission from retail
gasoline outlets
(50.4) 52.1145 Regulation on organic 84
solvents use
(51.21) 52.1146 Regulation on architectural 88
coatings
(6.0) 52.1147 Federal Compliance schedules 88
(12.0) 52.1149 Regulation limiting on-street 92
parking
(12.0) 52.1151 Regulation for computer 94
carpool matching
(12.0) 52.1152 Regulation for traffic 95
flow improvements
(12.0) 52.1153 Regulation for street 95
closing
(12.0) 52.1154 Regulation for semiannual 96
inspection and maintenance
(13.0) 52.1155 Semiannual and quarterly 98
reports
(14.0) 52.1156 General Requirements 99
(13.0) 52.1160 Monitoring reports 101
(12.0) 52.1161 Incentives for reduction 102
in single-passenger
commuter vehicle use
(12.0) 52.1162 Regulation for bicycle use 109
(12.0) 52.1163 Additional control measures 114
for East Boston
XII
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Revised Standard
Subject Index
(12.0)
(17.0)
Section
Number
52.1164
52.1165
Title Page
Localized high concentrations 116
carbon monoxide
Prevention of Significant 118
Deterioration
XIII
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THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF PUBLIC HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
BUREAU OF AIR QUALITY CONTROL
Room 320
600 Washington Street
Boston, Massachusetts 02111
REGULATIONS
AS AMENDED
FOR
THE CONTROL OF AIR POLLUTION
IN THE
BERKSHIRE AIR POLLUTION CONTROL DISTRICT
CENTRAL MASSACHUSETTS AIR POLLUTION CONTROL DISTRICT
MERRIMACK VALLEY AIR POLLUTION CONTROL DISTRICT
METROPOLITAN BOSTON AIR POLLUTION CONTROL DISTRICT
PIONEER VALLEY AIR POLLUTION CONTROL DISTRICT
SOUTHEASTERN MASSACHUSETTS AIR POLLUTION CONTROL DISTRICT
MASSACHUSETTS
EPA - APPROVED REGS. & PROMULGATED T.C.P. REGS.
Adopted under the provisions of Section 142D, Chapter 11, General Laws,
as inserted by Chapter 836 of the Acts of 1969
Adopted to become effective June 1, 1972
and
Amended to become effective September 1, 1972
XIV
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PREAMBLE
The purpose of these regulations is to prevent the occurrence of con-
ditions of air pollution where such do not exist and to facilitate the
abatement of conditions of air pollution where and when such occur. They
are designed to attain, preserve, and conserve the highest possible quality
of the ambient air compatible with needs of society.
(1.0) DEFINITIONS
When used in these regulations or in communications, notices or orders
relative thereto, the following words and phrases shall have the meanings
ascribed to them below:
1. AEROSOL means a system of solid or liquid particles dispersed in
a gas.
2. AIR means atmosphere.
3. AIR CONTAMINANT means any substance or man-made physical phenomenon
in the ambient air space and includes, but is not limited to, dust,
flyash, gas, fume, mist, odor, smoke, vapor, pollen, microorganism,
radioactive material, radiation, heat, sound, any combination
thereof, or any decay or reaction product thereof.
4. AIR CONTAMINATION SOURCE means any place at or from which any air
contaminant is emitted to the ambient air space.
5. AIR POLLUTION means the presence in the ambient air space of one or
more air contaminants or combinations thereof in such concentrations
and of such duration as to:
a. cause a nuisance;
b. be injurious, or be on the basis of current information,
potentially injurious to human or animal life, to vegetation,
or to property; or
c. unreasonably interfere with the comfortable enjoyment of life
and property or the conduct of business.
6. AMBIENT AIR SPACE means the unconfined space occupied by the
atmosphere above the geographical area of the District.
7. B.t.u. means British thermal unit, the amount of heat necessary
to raise the temperature of one pound of water from 39 F to 40 F.
8. CHART means the Ringelmann Scale for grading the density of smoke,
as published by the United States Bureau of Mines and as referred
to in the Bureau of Mines Information Circular No. 8333 or any
smoke inspection guide approved by the Department.
9. DEPARTMENT means the Department of Public Health.
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10. DISTRICT means the Berkshire (BAPCD), Central Massachusetts
(CMAPCD), Mefrimack Valley (MVAPCD), Metropolitan Boston
(MBAPCD), Pioneer Valley (PVAPCD), and Southeastern Massa-
chusetts (SMAPCD) Air Pollution Control Districts.
11. DUST means finely divided solid matter.
12. EMISSION means any discharge or release of an air contaminant to
the ambient air space.
13. FACILITY means any installation or establishment and equipment
associated therewith capable of emissions.
14. FLYASH means the aerosolized solid component of burned or
partially burned fuel. "Soot" and "cinders" are included within
the meaning of the term "flyash."
15. FOSSIL FUEL UTILIZATION FACILITY means any furnace(s), fuel burn-
ing equipment, boiler(s), or any appurtenance thereto used for
the burning of fossil fuels, for the emission of products of
combustion, or in connection with any process which generates
heat and may emit products of combustion, but does not mean a
motor vehicle.
16. FUEL means any solid, liquid, or gaseous material such as, but not
limited to, coal, gasoline, manufactured gas, natural gas, oil, or
wood, used for the production of heat or power by burning.
- DISTILLATE FUEL OIL means No. 1 or No. 2 fuel oil.
Distillate fuel oil having a sulfur content of 0.17 pounds of
sulfur per million B.t.u. heat release potential is approxi-
mately equal to distillate fuel oil having a sulfur content of
0.3 percent, by weight.
- FOSSIL FUEL means coal, coke, distillate oil, residual oil, or
natural or manufactured gas.
- RESIDUAL FUEL OIL means No. 4, No. 5, or No. 6 fuel oil.
Residual fuel oil having a sulfur content of 0.55 and 0.28
pounds of sulfur per million B.t.u. heat release potential is
approximately equal to residual fuel oil having a sulfur con-
tent of 1.0 and 0.5 percent, by weight, respectively.
17. FUEL ADDITIVE means any substance which is not a natural component
of the fuel to which it may be added or in conjunction with which
it may be used.
18. FUME means any aerosol resulting from chemical reaction, distillation,
or sublimation.
19. FURNACE means any enclosed structure designed to produce heat frorr.
the burning of a fuel therein, but does not mean open hearths,
incinerators, stoves for cooking, fireplaces, or equipment for the
melting, reclaiming, or refining of metals or maple syrup.
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20. GAS means the state of matter having neither independent shape nor
independent volume but having a tendency to expand and diffuse
infinitely.
21. HAND-FIRED FURNACE means any furnace in which fuel is manually
placed directly on the hot fuel bed but does not mean stoves or
other equipment used for the cooking of food, or fireplaces.
22. INCINERATOR means any article, machine, equipment, contrivance,
structure, or part of a structure, used primarily for the re-
duction of combustible wastes by burning.
22.1 COMMERCIAL OR INDUSTRIAL INCINERATOR means any incinerator
operated by any commercial or industrial establishment
primarily for the reduction of refuse generated by said
establishment.
22.2 DOMESTIC INCINERATOR means any incinerator used primarily
for the reduction of domestic refuse generated on the
premi ses.
22.3 FLUE-FED INCINERATOR means any incinerator provided with a
single flue which serves as both the charging chute and the
duct for conduction of the products of combustion to the
ambient air space.
22.4 MODULAR INCINERATOR means any incinerator of a standard
design and identifiable by the manufacturer's markings.
22.5 MUNICIPAL INCINERATOR means any incinerator operated by any
person primarily for the reduction of refuse generated by
the public at large.
22.6 SPECIAL INCINERATOR means any incinerator designed for a
special purpose such as but not limited to burning of
biological, pathological, or toxicological wastes or for a
specific facility.
23. MAJOR SOURCES for the purposes of Regulation 2.5 is defined as any
fossil fuel utilization facility having an energy input capacity
rated by the Department as greater than 30,000,000 B.t.u's per
hour; any incinerator having a charging rate greater than 1000 Ibs.
per hour, any asphalt batching plant, ferrous or non-ferrous
foundry, or aggregate manufacturing or processing plant.
24. MOTOR VEHICLE means any equipment or mechanical device propelled
primarily on land by power other than muscular power but does not
mean railroad and railway engines and cars, vehicles operated by
the system known as trolley motor or trackless trolley, or devices
used for domestic purposes.
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25. MIST means any liquid aerosol formed by the condensation of vapor
or by the atomization of liquids.
26. NOISE means sound of sufficient intensity and/or duration as to
cause or contribute to a condition of air pollution.
27. ODOR means that property of gaseous, liquid, or solid materials
that elicits a physiologic response by the human sense of smell.
28. OPACITY means that characteristic of matter which renders it cap-
able of interfering with the transmissions of rays of light and
causes a degree of obscuration of an observer's view.
29. 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.
30. ORGANIC MATERIAL means any chemical compound of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates,
metallic carbides and ammonium carbonates.
31. PARTICULATE means any material that exists in a finely divided form
as a liquid or solid at ambient air temperatures, humidity, and
pressures.
32. PERSON means any individual, partnership, association, firm,
syndicate, company, trust, corporation, department, authority,
bureau, agency, political subdivision of the Commonwealth, law
enforcement agency, fire fighting agency, or any other entity
recognized by law as the subject of rights and duties.
33. PROCESS WEIGHT PER HOUR means the total weight of all materials
introduced into any specific process that may cause any emissions
of particulate matter. Solid fuels charged are considered as part
of the process weight, but liquid and gaseous fuels and combustion
air are not. For a cyclical or batch operation, the process weight
per hour is derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of any
given process to the completion thereof, excluding any time during
which the equipment is idle. For a continuous operation, the
process weight per hour is derived by dividing the process weight
for a typical period of time.
34. RADIATION means any ionizing or non-ionizing electromagnetic or
particulate radiation or any sonic, infrasonic, or ultrasonic wave.
35. RADIOACTIVE MATERIAL means any material or materials in combination
(solid, liquid, or gaseous) which emit(s) ionizing radiation.
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36. REFUSE means any animal, vegetable, or mineral solid, liquid, or
gaseous waste. It includes, but is not limited to, rubbish, garbage,
ashes, construction wastes, industrial wastes, commercial wastes,
demolition wastes, agricultural wastes, abandoned vehicles, and any
unwanted or discarded material.
37. REGISTRY means the Registry of Motor Vehicles.
38. SMOKE means the visible aerosol, which may contain flyash, resulting
from combustion of materials but does not mean condensed water vapor.
39. SOUND means the phenomenon of alternate increases and decreases in
the pressure of the atmosphere, caused by radiations having a
frequency range of from twenty (20) to twenty thousand (20,000)
cycles per second, that elicits a physiologic response by the human
sense of hearing.
40. STANDARD OPERATING PROCEDURE (S.O.P.) means the specific procedure
for operation of, and which minimizes the emission from, an air
contamination source.
41. SUBSTANTIAL RECONSTRUCTION means any physical change in, or change
in the method of operation of a facility or its appurtenances which
changes the amount of emissions from such facility.
42. VAPOR means the gaseous state of certain substances that can exist
in equilibrium with their solid or liquid states under standard con-
ditions.
43. EXISTING FACILITY means any facility that is in operation on or
before June 1, 1972, or any proposed facility of which the con-
struction, substantial reconstruction or alteration of which has
been approved in writing by the Department on or before June 1,
1972. AIT facilities as specified in the Federal Register, Volume
36, No. 247, December 23, 1971, the construction or modification of
which was initiated after August 17, 1971 shall not be defined as
existing facilities.
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(2.0) REGULATION 1. General Regulations to Prevent Air Pollution
1.1 No person owning, leasing, or controlling the operation of any air
contamination source shall willfully, negligently, or through failure to provide
necessary equipment or to take necessary precautions, permit any emission from
said air contamination source or sources of such quantities of air contaminants
which will cause, by themselves or in conjunction with other air contaminants,
a condition of air pollution.
(3.0) REGULATION 2. Plans Approval and Emission Limitations
(10.0)
(51.21) 2.1 General
2.1.1 No person shall construct, substantially reconstruct or alter
any facility regulated herein that may cause or contribute to a
condition of air pollution unless the plans, specifications,
proposed Standard Operating Procedure, and the Proposed
Maintenance Procedure for such facility have been submitted to
the Department for approval and approval has been granted in
writing.
(a) Application for approval to construct, substantially re-
construct, or alter any facility shall be made on forms
furnished by the Department, or by other means prescribed
by the Department.
(b) Each application shall be signed by the applicant.
(c) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing
the design of the facility, the nature and amount of
emissions, and the manner in which it will be operated and
controlled.
(d) Any additional information, plans, specifications, evidence
of documentation that the Department may require shall be
furnished upon request.
(e) All plans and specifications submitted to the Department
shall bear the seal and signature of a professional engineer
registered in the Commonwealth under the provisions of
Chapter 112 of the General Laws as amended. Such
approval shall not affect the responsibility of the owner
or operator to comply with ether applicable regulations.
2.1.2 No approval will be issued in instances where:
(a) Emissions from such a facility would result in air quality
exceeding the Massachusetts or National Ambient Air
Quality Standards, or
(b) Emissions from such facility would exceed the applicable
regulatory emission limitations as specified in
Regulation 2.5, or
(c) Emissions from such a facility would result in violation
of the provisions of any of these Regulations.
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2.1.3 The Department will act within 60 days on an application and
will notify the applicant in writing of its approval,
conditional approval, or denial of the application. The
Department will set forth its reasons for any denial. The
Department may impose any reasonable condition upon an approval,
including conditions requiring the facility to be provided
with:
(a) Sampling ports of a size, number, and location as the
Department may require,
(b) Safe Access to each port,
(c) Instrumentation to monitor and record emission data, and
(d) Any other sampling and testing facility.
2.1.4 The Department may cancel an approval if the construction is
not begun within 2 years from the date of issuance or if,
during the construction, work is suspended for 1 year.
2.2 Department Participation. The Department, in its evaluation for
approval of the design for construction, reconstruction, alteration, the
Standard Operating Procedure, and proposed maintenance procedure for any
facility, will limit itself to consideration of such matters which, in its
opinion, may cause or contribute to a condition of air pollution. The
Department will consult upon request concerning design criteria and design of
any facility prior to submittal of plans.
2.3 Application. Regulation 2 in its entirety shall apply to: fossil
fuel utilization facilities having energy input capacities greater than three
million (3,000,000) B.t.u.'s per hour, incinerators, industrial facilities
such as asphalt batching plants, foundries, chemical products manufacturing
plants, petroleum products manufacturing plants, aggregate manufacturing
plants, food and food products plants, wood products plants, dry cleaning
establishments, paint and varnish manufacturing plants, paper manufacturing
plants, leather manufacturing plants, concrete manufacturing plants, metal
coating and treating plants, and such other facilities as the Department may
require.
2.5 Compliance with Emission Limitations
2.5.0 Persons owning, leasing, or controlling the operation of any
facility described in Regulation 2.3 (field of application)
shall achieve full compliance, by January 31, 1974, with the
regulatory emission limitation applicable to such facility or
take the actions shown below:
(a) Justify to the Department that additional time is needed
and
(b) Submit a proposed plan and compliance schedule for said
facility to the Department not later than December 31,
1972.
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Justifications for additional time to comply with regulatory
emission limitations, and the submittal of proposed plans and
compliance schedules are subject to review and approval by the
Department and must provide for compliance with applicable
regulatory emission limitations as expeditiously as practicable,
but in no case later than July 31, 1975. All compliance
schedules shall provide for periodic increments of progress
including submittal of engineering plans, ordering of equipment
after plan approval, installation date after confirmation of
order by the manufacturer and the date by which the applicable
regulatory emission limitation will be achieved after equip-
ment is in satisfactory operation.
Note: All approved compliance schedules must be transmitted to E.P.A. through
this Department. Failure of any person to submit compliance schedules in
accordance with the above dates may result in State and Federal legal enforce-
ment actions.
For purposes of Regulation 2.5.1, 2.5.2, and 2.5.3 the following cities and
towns are defined as critical areas of concern:
Berkshire Air Pollution Control District - Adams, Dal ton, Lee, North Adams,
Pittsfield
Central Massachusetts Air Pollution Control District - Athol, Auburn,
Boylston, Fitchburg, Gardner, Grafton, Hoi den, Leicester, Leominster,
Mi 11 bury, Shrewsbury, Southbridge, Webster, West Boylston, and Worcester
Merrimack Valley Air Pollution Control District - Haverhill, Lawrence,
Lowel1, and Newburyport
Metropolitan Boston Air Pollution Control District - Arlington, Belmont,
Boston, Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Everett,
Lynn, Maiden, Medford, Mel rose, Milton, Needham, Newton, Peabody, Quincy,
Revere, Salem, Saugus, Somerville, Stoneham, Wakefield, Waltham, Watertown,
Weymouth, Winchester, Winthrop, and Woburn
Pioneer Valley Air Pollution Control District - Amherst, Chicopee, East
Hampton, East Longmeadow, Greenfield, Hadley, Holyoke, Longmeadow, Ludlow,
Northampton, Orange, Palmer, Springfield, Ware, Westfield, and West Springfield
Southeastern Massachusetts Air Pollution Control District - Attleboro,
Fall River, New Bedford, Sandwich, Somerset, and Taunton
2.5.1 No person owning, leasing, or controlling the operation of
any fossil fuel utilization facility shall cause, suffer, allow,
or permit emissions therefrom in excess of those emission
limitations set forth in the following tables and within the
time schedule specified in Regulation 2.5.
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EMISSIONS LIMITATIONS
Fossil Fuel Utilization Facilities
Participates
Facility Size
Million B.t.u./hr. Input
3 - 250
Greater than 250
New
0.10
0.05*
Emission Limitation
IDS. (particulate)/million B.t.u.
Existing Existing
(critical area of concern)
0.15
0.15
0.12
0.12
Any emission testing to be compared to these limitations must be conducted
under isokinetic sampling conditions and in accordance with method 5, as
specified in the Federal Register, Volume 36, No. 247, December 23, 1971, or
by another method correlated to the above method to the satisfaction of the
Department.
* An emission rate of 0.10 Ibs. (particulate) per million B.t.u. will be
allowed if a person is using equipment designed to control or reduce
sulfur dioxide at the same time or in the same process so that the
provisions of Regulation No. 5 are satisfied.
Oxides of Nitrogen
Facility Size
Million B.t.u./hr. Input
Greater than 250
Emission Limitation
Pounds/million B.t.u.
New
0.3
Any emissions testing to be compared to this limitation must be conducted
in accordance with method 7, as specified in the Federal Register, Volume 36,
No. 247, December 23, 1971, or by another method which has been correlated to
the above method to the satisfaction of the Department. This emission
limitation shall not apply to gas turbine or diesel engines.
2.5.2. No person owning, leasing, or controlling the operation of any
industrial facility shall cause, suffer, allow, or permit
emissions therefrom in excess of those emission limitations
set forth in the following tables and within the time schedules
specified in Regulation 2.5.
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EMISSIONS LIMITATIONS
Industrial Facilities
Participates
New
Ferrous Cupola Foundries
Production 0.10
Jobbing 0.40
Non-Ferrous Foundries 0.10
Emission Limitation
Ibs. (particulate)/1000 Ib. flue gas
Existing Existing
(critical area of concern)
0.25
0.40
0.15
0.10
0.40
0.10
Differentiation Between Jobbing and Production Foundries
Cupolas in a jobbing foundry will be run intermittently for just long
enough at one time to pour the molds that are ready on the foundry floor job
by job.
Production foundry cupolas will melt continuously to pour a succession
of molds that are constantly being prepared to receive a continuous flow of
iron.
Asphalt Batching Plants
Production Weight
Tons/Hour
100
150
200
250
300
350
400
New
4.5
6.7
9.0
11.3
14.2
15.9
18.1
Emission Limitation
Ibs. (particulate)/hr.
Existing Existing
(critical area of concern)
9.0
13.4
18.0
22.6
28.3
31.3
4.5
6.7
9.0
36.2
11.3
14.2
15.9
18.1
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Other Industrial Sources
Process Weight
Pounds/Hour
New
Emission Limitation
Ibs. (particulate)/hr.
Existing Existing
(critical area of concern)
50
100
' 150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
0.12
0.23
0.33
0.42
0.51
0.60
0.67
0.75
0.82
0.89
0.95
1.01
1.06
1.12
1.17
1.22
1.27
1.31
1.36
1.40
1.49
1.56
1.63
1.70
1.77
1.83
1.89
1.96
2.02
2.07
2.12
2.17
2.22
2.28
2.32
2.37
2.42
2.46
2.51
2.55
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
. 3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
0.12
0.23
0.33
0.42
0.51
0.60
0.67
0.75
0.82
0.89
0.95
1.01
1.06
1.12
1.17
1.22
1.27
1.31
1.36
1.40
1.49
1.56
1.63
1.70
1.77
1.83
1.89
1.96
2.02
2.07
2.12
2.17
2.22
2.28
2.32
2.37
2.42
2.46
2.51
2.55
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Other Industrial Sources (Continued)
Process Weight
Pounds/Hour
New
Emission Limitation
IDS. (particulate)/hr.
Existing Existing
(critical area of concern)
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
2.59
2.64
2.68
2.72
2.76
2.81
2.85
2.89
2.93
2.97
3.01
3.04
3.08
3.11
3.15
3.19
3.23
3.26
3.30
3.39
3.52
3.69
3.86
4.03
4.20
4.36
4.52
4.68
4.84
5.0
5.32
5.64
5.99
6.25
6.57
6.87
7.18
7.49
7.79
8.10
11.11
14.15
17.15
20.0
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
. 9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0
2.59
2.64
2.68
2.72
2.76
2.81
2.85
2.89
2.93
2.97
3.01
3.04
3.08
3.11
3.15
3.19
3.23
3.26
3.30
3.39
3.52
3.69
3.86
4.03
4.20
4.36
4.52
4.68
4.84
5.0
5.32
5.64
5.99
6.25
6.57
6.87
7'. 18
7.49
7.79
8.10
11.11
14.15
17.15
20.0
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Other Industrial Sources
When process weight exceeds 60,000 pounds per hour, emission rate should be
determined as follows:
Existing sources E = 55P ' - 40
New sources E = 1/2 (55POJ1 40)
Existing sources in critical areas n ,,
of concern E = 1/2 (55PU'" - 40)
P = Process weight in tons per hour
E = Emission rate in pounds per hour
Examples of emission limitations for process weight rates greater than
60,000 pounds per hour are shown on the following table.
Process Weight New Existing Existing
(critical area of concern)
70000
80000
90000
100000
200000
300000
400000
500000
600000
700000
800000
900000
1000000
20.7
21.3
21.8
22.8
25.7
27.7
29.3
30.5
31.5
32.4
33.2
33.9
34.5
41.3
42.5
43.6
45.5
51.3
55.4
58.5
61.0
63.0
64.8
66.3
67.7
68.9
20.7
21.3
21.8
22.8
25.7
27.7
29.3
30.5
31.5
32.4
33.2
33.9
34.5
Any emissions testing to be compared to these limitations must be con-
ducted under isokinetic sampling conditions and in accordance with
method 5, as specified in the Federal Register, Volume 36, No. 247,
December 23, 1971 or by another method which has been correlated to the
above method to the satisfaction of the Department of Public Health.
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EMISSION LIMITATIONS
Industrial Facilities
Gases
Sulfur Dioxide Emission Limitation
Contact Sulfuric Acid Plants
New 4 Ibs/ton acid produced
Existing 27 Ibs/ton acid produced
Existing (critical area of concern) 27 Ibs/ton acid produced
Other Sources
New 25 Ibs/hour
Existing 25 Ibs/hour
Existing (critical area of concern) 25 Ibs/hour
At no time shall emission concentration exceed 500 ppm.
Nitrogen Dioxide
All Sources
New 10 Ibs/hour
Existing 20 Ibs/hour
Existing (critical area of concern) 10 Ibs/hour
At no time shall emission concentration exceed 250 ppm.
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2.5.3. No person owning, leasing, or controlling the operation of any
incinerator facility shall cause, suffer, allow or permit
emissions therefrom in excess of those emission limitations
set forth in the following tables and within the time schedules
specified in Regulation 2.5.
EMISSIONS LIMITATIONS
Incinerators
Particulates
Incinerator Type Emission Limitation (grains/SCF @ 12% C02)
New Existing Existing
(critical area of concern)
Municipal .05 .10 .10
Commercial, industrial,
residential .10 .10 .10
Any emissions testing to be compared to these limitations must be con-
ducted under isokinetic sampling conditions and in accordance with method 5
as specified in the Federal Register, Volume 36, No. 247, December 23, 1971,
or by another method which has been correlated to the above method to the
satisfaction of the Department of Public Health.
2.5.4 Organic Material
2.5.4.1 Any person owning, leasing, or controlling a stationary
tank reservoir with a capacity of greater than 40,000
gallons in which organic material having a true
vapor pressure in the range of 1.5 to 11 psi inclusive
is placed, stored, or held shall equip such a station-
ary tank reservoir with one of the following emission
control devices or equal, within the time schedule
specified in Regulation 2.5:
(a) A floating roof cover consisting of a pontoon
type, double deck type roof, or internal floating
roof resting on the surface of the liquid con-
tents equipped with a closure seal, or seals, to
close the space between the roof edge and tank
wall and, in addition, all tank gauging and
sampling devices shall be gas-tight except when
in use, or
(b) A pressure tank system maintaining a pressure at
all times so as to prevent organic material loss
to the atmosphere or
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(c) A vapor recovery system capable of collecting the
organic materials emitted from the tank and of
disposing of these materials without release to
the atmosphere and, in addition, all tank gauging
and sampling devices shall be gas-tight except when
in use or
(d) Other equipment equal to or greater in efficiency
to the devices listed above, and approved by the
Department.
2.5.4.2 Any person owning, leasing, or controlling a stationary
tank reservoir with a capacity of greater than 40,000
gallons in which organic material having a true vapor
pressure greater than 11 psi is placed, stored, or held
shall equip such a stationary tank reservoir with one
of the following devices or equal, within the time
schedule specified in Regulation 2.5
(a) A pressure tank system maintaining a pressure at
all times so as to prevent organic material loss
to the atmosphere or
(b) A vapor recovery system capable of collecting the
organic materials emitted from the tank and of
disposing of these materials without release to
the atmosphere and, in addition, all tank gauging
and sampling devices shall be gas-tight except
when in use or
(c) Other equipment equal to or greater in efficiency
than the devices listed above and approved by the
Department.
2.5.4.3 Any person owning, leasing, or controlling a loading
rack with a daily throughput (1/300 of actual annual
throughput) greater than 20,000 gallons which transfers
organic material with a true vapor pressure of 1.5 psi
or greater into tank trucks, trailers, or other con-
trivances shall equip such a loading rack with a vapor
recovery system properly installed, well-maintained,
and with a Standard Operating Procedure that has been
approved by the Department, within the time schedule
specified in Regulation 2.5. All loading connections
on the vapor lines shall be equipped with fittings
which are vapor tight and will automatically and
immediately close upon disconnection so as to prevent
release of organic material from the fittings. The
provisions of this section shall not apply to the
loading of motor vehicle fuel tanks.
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2.5.4.4 Any person owning, leasing, or controlling a stationary
tank having a capacity greater than 5000 gallons but
less than 40,000 gallons into which motor vehicle fuels
with a true vapor pressure of 1.5 psi or greater are
transferred from tank truck, trailer, or other contri-
vance shall equip such a stationary tank with a vapor
balance line or equally effective vapor discharge con-
trol system, within the time schedule specified in
Regulation 2.5. Components of the vapor balance line
shall consist of a vapor space connection on the tank
and a compatible vapor return line-on the tank truck
or trailer.
(51.12) REGULATION 3. Nuclear Energy Utilization Facilities
3.1 No person shall cause, suffer, allow, or permit the construction,
substantial reconstruction, or alteration of a stationary nuclear
energy utilization facility in contravention of the provisions of
Regulation 2 or the operation of any such facility except in accord-
ance with a Standard Operating Procedure therefor that has been sub-
mitted to and approved by the Department in writing.
(51.5) REGULATION 4. Fossil Fuel Utilization Facilities
4.1 No person shall construct, substantially reconstruct, or alter or
thereafter operate a fossil fuel utilization facility which has or
will have an energy input capacity, rated by the Department, greater
than three million (3,000,000) B.t.u. per hour unless the plans,
specifications, Standard Operating Procedure, and maintenance pro-
cedure for said facility have been submitted to the epartment for
approval and approval in writing has been granted
4.2 Smoke Density Indicator
4.2.1 On or after April 1, 1973, no person shall cause, suffer, allow
or permit the burning of any grade oil or solid fuel in any
fossil fuel utilization facility having an energy input
capacity rated by the Department equal to or greater than ten
million (10,000,000) B.t.u. per hour, that is not equipped with
a smoke density sensing instrument and recorder which is
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,
and is 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.
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4.2.2 The Department may require fossil fuel utilization facilities
other than those specified under the provisions of Regulation
4.2.2 to be equipped with smoke density sensing devices and
appurtenances if, in the opinion of the Department, such are
deemed necessary.
4.2.3 No person shall sell, distribute for sale, and/or install a
smoke density sensing device to be installed under the provis-
ions of Regulation 4.2.1 or Regulation 4.2.2 that is of a de-
sign and Standard Operating Procedure that has not been approved
by the Department.
4.3 On and after July 1, 1973, no person shall cause, suffer, allow, or
permit the operation of a fossil fuel utilization facility, having an
energy input capacity rated by the Department of ten million
(10,000,000) or greater B.t.u. per hour, in a manner that is not in
conformance with a Standard Operating Procedure that has been approved
in writing by the Department.
4.4 Removal of Air Pollution Control Equipment
4.4.1 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 these regulations, other than for reasonable
maintenance periods or unexpected and unavoidable failure of
equipment.
4.5 Circumvention
4.5.1 No person shall cause, suffer, allow, or permit the installation
or use of any material, article, machine, equipment, or contri-
vance which conceals an emission without reducing the total
weight of emissions where such emissions would constitute a
violation of any applicable Regulation.
(50.2) REGULATION 5. Fuels - All AQCR's unless stated otherwise
(51.6)
5.1 Sulfur Content of Fuels and Control Thereof
5.1.1 No person owning, leasing, or controlling the operation of a
fossil fuel utilization facility located in the cities and
towns of Arlington, Belmont, Boston, Brookline, Cambridge,
Chelsea, Everett, Maiden, Medford, Newton, Somerville, Waltham,
or Watertown shall cause, suffer, allow, or permit the burning
therein of any residual fuel oil or coal having a sulfur con-
tent in excess of 0.28 pounds per million B.t.u. heat release
potential unless:
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(a) He has applied to the Department for permission to use a
higher sulfur content fuel and presented a plan whereby
use of said fuel would have no greater air polluting
effect than if fuel of 0.28 pounds of sulfur per million
B.t.u. were burned without said plan and
(b) Said plan has been approved by the Department in writing.
(Met. Boston only).
No person owning, leasing, or controlling the operation of
a fossil fuel utilization facility located in the Cities
of Fitchburg and Worcester, shall cause, suffer, allow,
or permit the burning thereof of any residual fuel having
a sulfur content in excess of .55 Ibs. per million B.t.u.
heat release potential (approximately equivalent to 1%
sulfur content fuel oil) except as provided in Regulations
5.1.2 (e), 5.1.3 and 5.2.1.
5.1.2 No person owning, leasing, or controlling the operation of a
fossil fuel utilization facility located in cities and towns
other than those specified in Regulation 5.1.1 shall cause,
suffer, allow, or permit the burning therein of any residual
fuel oil or coal having a sulfur content in excess of 0.55
pounds per million B.t.u. heat releases potential unless
(a) He has applied to the Department for permission to use a
higher sulfur content fuel and presented a plan whereby
use of said fuel would have no greater air polluting
effect than if fuel of 0.55 pounds of sulfur per million
B.t.u. (.7% S) were burned without said plan and
(b) Said plan has been approved by the Department in writing
(c) In the Merrimack Valley Air Pollution Control District
(MVAPCD) it will be permissible to burn residual fuel oil
up to 2.2% sulfur content by weight, except that residual
fuel oil users in the City of Lawrence and the towns of
Andover, Methuen, and North Andover, will remain con-
strained to 1 percent sulfur content fuel oil. Also, use
of higher sulfur content fuel oil by fossil fuel utiliza-
tion facilities of over 100 x 10 B.t.u./hr heat input
will be contingent upon application for and receipt of
written approval from the Department.
Following source(s) are exceptions:
- Haverhill, Mass. (Limited to 1.4% sulfur content).
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Between July 1, 1976 and November 1, 1976, from April 1,
1977 to November 1, 1977, and from April 1, 1978 to
July 1, 1978, any person owning, leasing or controlling
the operation of a fossil fuel utilization facility
located in the City of Fitchburg having an energy input
capacity rated by the Department of one hundred million
(100,000,000) B.t.u. per hour or greater, may cause,
suffer, allow, or permit the burning therein of any fossil
fuel having a sulfur content not in excess of 1.21 pounds
per million B.t.u. heat release potential (approximately
equivalent to 2.2% sulfur content fuel oil) provided:
(1) He has applied to the Department in writing to use
such fuel and submitted any information as the
Department may require and
(2) The use of such fuel would not cause other applicable
air pollution regulations to be violated, and
(3) The facility has available, ready for conversion
within six (6) hours of notice from the Department a
three (3) day supply of fuel with a lower sulfur con-
tent as specified by the Department which shall be
utilized during periods of adverse meteorological
conditions when directed by the Department, and
(4) 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
(d) In the Pioneer Valley Air Pollution Control District
(PVAPCD) it will be permissible to burn residual fuel oil
with up to 2.2% sulfur content by weight until June 1,
1978. This will apply to residual fuel oil burning
sources having anfienergy input capacity of one hundred
million (100 x 106) B.t.u. per hour or more as rated by
the Department. The use of such fuel is to be approved in
writing by the Department, and conditions of approval, in-
cluding a monitoring and testing program, and agreed to
by the applicant in writing. The approval may be revoked
by the Department for cause, or when it is necessary to
prevent or abate a condition of air pollution.
Exceptions limited to previously approved requirements:
- Mount Tom Generating Station, Holyoke, Mass.
- Deerfield Specialty Papers, Inc., Monroe, Mass.
- Westfield River Paper Co., Russell, Mass.
- Strathmore Paper Co., Westfield, Mass.
- Riverside Generating Station, Holyoke, Mass.
- Erving Paper Mills, Erving, Mass.
- Holyoke Gas & Electric Co., Holyoke, Mass.
- University of Massachusetts (Tillson Farm), Amherst, Mass.
- Westover Air Force Base, Building 7102, Chicopee, Mass.
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(e) In the Central Massachusetts Air Pollution Control
District (CMAPCD) it will be permissible to burn residual
fuel oil with up to 2.2% sulfur content by weight, except
in the Cities of Fitchburg and Worcester, until July 1,
1978. This will apply to residual fuel oil burning
sources having an energy input capacity of one hundred
million (100 x 10°) B.t.u. per hour or more as rated by the
Department, The use of such fuel is to be approved in
writing by the Department, and conditions of approval,
including a monitoring and testing program, and agreed to
by the applicant in writing. The approval may be revoked
by the Department for cause, or when it is necessary to
prevent or abate a condition of air pollution.
Exceptions that are limited to previously approved re-
quirements:
- Borden, Incorporated, Chemical Division, Leominster, Mass.
- The Felters Company, Millbury, Mass.
- Part of Fitchburg Company, (boilers serving the 23
meter stacks), Fitchburg, Mass.
- Fitchburg Gas and Electric Company, Fitchburg, Mass.
- General Electric Company, Fitchburg, Mass.
- Whitten Machine Works, Whitinsville, Mass.
(f) In the Southeastern Massachusetts Air Pollution Control
District (SEMAPCD) it will be permissible to burn residual
fuel oil up to 2.2% sulfur content by weight until May 1,
1978. This will apply to residual fuel oil burning
sources having an energy input capacity of one hundred
million (100 x 10b) B.t.u. per hour or more as rated by
the Department. The use of such fuel is to be approved
in writing by the Department, and conditions of approval,
including a monitoring and testing program, and agreed to
by the applicant in writing. The approval may be revoked
by the Department for cause or when it is necessary to
prevent or abate a condition.of air pollution.
Exceptions that are limited to previously approved re-
quirements:
- Facility formulated, operated by 01 in Chemicals and now
owned by Polaroid Corp., Freetown, Mass.
- Duro Finishing Co., Fall River, Mass.
- Stevens Realty Co., Fall River, Mass.
- Taunton Municipal Light, West Water Street Plant,
Taunton, Mass.
- Harodite Finishing Co., Dighton, Mass.
- Montaup Electric Co., Somerset Station, Somerset, Mass.
- New England Power Co., Brayton Point Station,
Somerset, Mass.
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5.1.3 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 No. 2 fuel oil having a
sulfur content in excess of 0.17 pounds of sulfur per million
B.t.u. heat release potential, unless
(a) He has applied to the Department for permission to use a
higher sulfur fuel and presented a plan whereby use of
said fuel would have no greater air polluting effect than
if fuel of 0.17 pounds of sulfur per million B.t.u. were
burned without said plan and
(b) Said plan has been approved by the Department in writing.
5.1.4 No person shall ship or deliver in intrastate commerce to any
person for burning, or reshipment for burning, within the
District, any fuels with a sulfur content in excess of those
specified in Regulation 5.1.1, 5.1.2, or 5.1.3 except that such
shipment may be made provided
(a) Use of such fuel has been approved by the Department in
wri ti ng,
(b) Such approval has been verified by the shipper, and
(c) Record of such shipment will be retained for two years and
said record shall be made available to the Department for
its review and inspection during customary business hours.
5.1.5 Any person responsible for. sale or distribution of residual
fuel oils or wholesale distribution or wholesale marketing of
distillate fuel oils or coal for burning or reshipment for
burning within the District shall register with the Department
on a form to be supplied by the Department.
5.1.6 Approval granted under provisions of Regulation 5.1.1, 5.1.2,
or 5.1.3 may be revoked by the Department for cause or when
in its opinion such is necessary to prevent or abate a con-
dition of air pollution.
5.2 Use of Residual Fuel Oil
5.2.1 No person having control of a fossil fuel utilization facility
rated by the Department as having an energy input capacity of
three million (3,000,000) or less B.t.u. per hour shall cause,
suffer, allow, or permit the burning of any residual fuel oil
therein
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5.2.2 On and after July 1, 1973, no person owning, leasing, or con-
trolling the operation of a fossil fuel utilization facility
rated by the Department as having an energy input capacity of
six million (6,000,000) or less B.t.u. per hour located in the
cities and towns of Arlington, Belmont, Boston, Brookline,
Cambridge, Chelsea, Everett, Maiden, Medford, Newton, Somerville,
Waltham, or Watertown shall cause, suffer, allow, or permit
the burning of any residual fuel therein.
5.2.3 Regulation 5.2.2 shall not apply to any fossil fuel facility
previously approved in writing by the Department until July 1,
1975.
5.3 Hand-fired Fuel-burning Utilization Facilities
5.3.1 No person shall cause, suffer, allow, or permit any solid fuel
to be burned or consumed in any hand-fired fuel-burning furnace
rated by the Department as having an energy input capacity in
excess of one hundred and fifty thousand (_150,000) B.t.u. per
hour, except as may be specifically approved in writing by the
Department under the provisions of Regulation 2.
5.4 Ash Content of Fuels
5.4.1 No person shall cause, suffer, allow, or permit the burning in
the District of any fossil fuel containing an ash content in
excess of nine percent (9%) by dry weight.
5.4.2 Shippers and distributers of fossil fuels shall provide evi-
dence, to the satisfaction of customer-users, of the ash con-
tent of fuels, for burning within the District.
5.5 Fuel Additives
5.5.1 No person having control of .a fuel utilization facility shall
cause, suffer, allow, or permit the use therein of a fuel
additive which causes or contributes to a condition of air
pollution or which the Department has not approved the use
thereof in writing.
5.5.2 Exceptions
5.5.2.1 Regulation 5.5.1 shall not apply to any person having
control of a fuel utilization facility who has
(a) applied to the Department for approval of use of
a fuel additive and
(b) demonstrated to the satisfaction of the Depart-
ment the need thereof and
(c) presented evidence indicating the extent to which
use of the fuel additive will contribute to or
minimize the potential of said facility to cause
or contribute to a condition of air pollution and
(d) been granted approval for such use in writing.
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5.5.2.2 Regulation 5.5.1 shall not apply to any person having
control of a fuel utilization facility who uses a fuel
additive therein and in a manner as recommended or
prescribed by the manufacturer or distributor thereof
provided the manufacturer or distributor of said fuel
additive has
(a) applied to the Department for approval of said
specific fuel additive for general public use
thereof and
(b) defined the purpose and recommended doses for a
manner of use of said additive and
(c) presented evidence indicating the extent to which
said use of the fuel additive will cause or
contribute to a condition of air pollution and
(d) has been granted approval in writing of said fuel
additive for general public use as recommended by
the manufacturer or distributor and subject to
such provisions as prescribed by the Department in
said approval.
and no person shall sell or distribute for sale or use
any fuel additive, for use in any fuel utilization
facility in the District, which the Department has not
approved for use under the provisions of this regulation.
5.5.3 Regulation 5.5.1 shall not apply to any fuel additive widely
used by the general public which the Department, on its own
initiative, administratively exempts for the commonweal.
5.5.4 Approval for use of fuel additives under provisions of
Regulation 5.5.2 may be granted for a specified period of time
for research purposes provided, in the opinion of the Department,
there is reason to believe that such use will not cause or con-
tribute to a condition of a>r pollution.
5.6 Any person supplying, in intrastate commerce for burning or reshipment
for burning within the District, 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 B.t.u. content, sulfur content,
and ash content of said fuels and shall make such records available
to the Department for its review and inspection during customary
business hours.
5.7 through 5.10
(Reserved for future use)
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5.11 All fuel analyses to be performed, by or for distributors or users of
fuels, for purposes of these regulations shall be performed in such
manner and reported in such units as are approved by the Department.
(50.2) REGULATION 5. MBAPCD Only
Regulation 5.1 Sulfur Content of Fuels and Control Thereof
Regulation 5.1.1 (a) MB
No person owning, leasing, or controlling the operation of a fossil fuel
utilization facility located in the Cities and Towns of Arlington, Belmont,
Boston, Brook!ine, Cambridge, Chelsea, Everett, Maiden, Medford, Newton,
Somerville, Waltham, and Watertown shall cause, suffer, allow, or permit the
burning therein of any fossil fuel having a sulfur content in excess of
0.28 pounds per million B.t.u.heat release potential (approximately equiva-
lent to 0.5% sulfur content fuel oil) except as provided in Regulations
5.5.1 (b), 5.1.3, 5.1.4, and 5.2.1.
Regulation 5.1.1 (b) MB
Between July 1, 1975 and July 1977, any person owning, leasing, or con-
trolling the operation of an electric facility having an energy input capacity
rated by the Department of two and one half billion (2.5 billion) or greater
B.t.u./hour located in the Cities and Towns of Arlington, Belmont, Boston,
Brookline, Cambridge, Chelsea, Everett, Maiden, Medford, Newton, Somerville,
Waltham, and Watertown, may cause, suffer, allow, or permit the burning
therein of any fossil fuel with a sulfur content not to exceed 0.55 pounds per
million B.t.u. heat release potential (approximately equivalent to 1% sulfur
content fuel oil) provided
(1) he has applied to the Department in writing to use such fuel and
submitted any information as the Department may require, and
(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 facility has available for conversion within (3) three hours of
any notice from the Department a three (3) day supply of fuel with a
lower sulfur content as specified by the Department which shall be
utilized during periods of adverse meteorological conditions when
directed by the Department, and
(4) 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.
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Regulation 5.1.2 (a) MB
No person owning, leasing, or controlling the operation of a fossil fuel
utilization facility located in cities and towns other than those specified
in Regulation 5.1.1 shall cause, suffer, allow, or permit the burning therein
of any fossil fuel having a sulfer content in excess of 0.55 pounds per
million B.t.u. heat release potential (approximately equivalent to 1% sulfur
content fuel oil) except as provided in Regulations 5.1.2 (b), 5.1.3, 5.1.4,
and 5.2.1.
Regulation 5.1.2 (b) MB
Between July 1, 1975 and July 1, 1978, any person owning, leasing, or con-
trolling the operation of a fossil fuel utilization facility located in cities
and towns other than those specified in Regulation 5.1.1 and having an energy
input capacity rated by the Department of one hundred million (100,000,000)
or greater B.t.u./hour may cause, suffer, allow, or permit the burning therein
of any fossil fuel with a sulfur content not in excess of 1.21 pounds per
million B.t.u. heat release potential (approximately equivalent to 2.2% sulfur
content fuel oil) provided
(1) he has applied to the Department in writing to use such fuel and sub-
mitted any information as the Department may require, and
(2) the Department determines that the use of such fuel would not cause
other applicable air pollution regulations or ambient air quality
standards to be violated, and
(3) the facility has available, ready for conversion within six (6) hours
of any notice from the Department a three (3) day supply of fuel with
a lower sulfur content as specified by the Department which shall be
utilized during periods of adverse meteorological conditions when
directed by the Department, and
(4) 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.
Regulation 5.1.3 MB
The provisions of Regulation 5.1.1 and 5.1.2 shall not apply to facilities
that have presented a plan whereby use of a higher sulfur fuel would cause no
greater emissions of sulfur compounds into the ambient air than if the lower
sulfur content fuel were used and said plan has been approved by the Depart-
ment in writing and the conditions for approval have been agreed to by the
applicant in writing.
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Regulation 5.1.4 MB
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 No. 2 (distillate) fuel oil having a sulfur content in excess of
0.17 pounds of sulfur per million B.t.u. heat release potential (approxi-
mately equal to 0.3% sulfur content fuel), unless
(a) he has applied to the Department for permission to use a higher sulfur
fuel and presented a plan whereby use of said fuel would cause no
greater emissions of sulfur compounds into the ambient air than if the
lower sulfur content fuel were used, and
(b) the use of such fuels has been approved in writing by the Department,
and the conditions of approval have been agreed to by the applicant
in writing.
Regulation 5.1.5 MB
No person shall ship or deliver in intrastate commerce to any person for
burning, or reshipment for burning, within the District, any fuels with a
sulfur conten in excess of those specified in Regulations 5.1.1, 5.1.2, 5.1.3,
or 5.1.4 except that such shipment may be made provided
(a) use of such fuel has been approved by the Department in writing
(b) such approval has been verified by the shipper; and
(c) record of such shipment will be retained for two years and said record
shall be made available to the Department for its review and in-
spection during customary business hours.
Regulation 5.1.6 MB
Any person responsible for sale or distribution of residual fuel oils, or
wholesale distribution or wholesale marketing of distillate fuel oils or coal,
for burning or reshipment for burning within the District, shall register
with the Department on a form to be supplied by the Department.
Regulation 5.1.7 MB
Approval granted under provisions of Regulation 5.1.1, 5.1.2, 5.1.3, or
5.1.4, may be revoked by the Department for cause, or when in its opinion
such is necessary to prevent or abate a condition of air pollution
5.2
Regulation 5.2.1 MB
No person having control of a fossil fuel utilization facility rated by the
Department as having an energy input capacity of three million [3,000,000) or
less B.t.u. per hour shall cause, suffer, allow, or permit the burning of any
residual fuel oil therein.
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5.3 Hand-Fired Fuel-Burning Utilization Facilities
Regulation 5.3.1 MB
No person shall cause, suffer, allow, or permit any solid fuel to be
burned or consumed in any hand-fired fuel-burning furnace rated by the
Department as having an energy input capacity in excess of one hundred and
fifty thousand (150,000) B.t.u. per hour, except as may be specifically
approved in writing by the Department under the provisions of Regulation 2.
5.4 Ash Content of Fuels
Regulation 5.4.1 (a) MB
No person shall cause, suffer, allow, or permit the burning in the
District of any fossil fuel containing an ash content in excess of nine
percent (9%) by dry weight except as provided in Regulation 5.4.1 (b)
Regulation 5.4.1 (b) MB
Fossil fuel utilization facilities having an energy input capacity
rated by the Department of two hundred and fifty million (250,000,000) or
greater B.t.u./hour may burn fossil fuel with an ash content in excess of
nine percent (9%) by dry weight, provided
(1) application is made to the Department in writing to use such fuel
and any information as the Department may require is submitted, and
(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.
Regulation 5.4.2 MB
Shippers and distributors of fossil fuels shall provide evidence, to the
satisfaction of customer-users, of the ash content of fuels supplied for
burning within the District.
5.5 Fuel Additives
5.5.1 MB
No person having control of a fuel utilization facility shall cause, suffer,
allow, or permit the use therein of a fuel additive which may cause, or con-
tribute to a condition of air pollution, or for which the Department has not
approved the use thereof in writing.
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5.5.2 Exceptions
5.5.2.1 MB Regulation 5.5.1 shall not apply to any person having control of
a fuel utilization facility who has
(a) applied to the Department for approval of use of a fuel additive, and
(b) demonstrated to the satisfaction of the Department the need thereof,
and
(c) presented evidence indicating the extent to which use of the fuel
additive will contribute to or minimize the potential of said facility
to cause or contribute to a condition of air pollution, and
(d) been granted approval by the Department for such use in writing.
5.5.2.2 MB Regulation 5.5.1 shall not apply to any person having control of
a fuel utilization facility who uses a fuel additive therein in a manner as
recommended or prescribed by the manufacturer or distributor thereof, provided
the manufacturer or distributor of said fuel additive has
(a) applied to the Department for approval of said specific fuel additive
for general public use thereof, and
(b) defined the purpose and recommended doses and manner of use of said
additive, and
(c) presented evidence indicating the extent to which said use of the fuel
additive will cause or contribute to a condition of air pollution, and
(d) has been granted approval by the Department in writing of said fuel
additive for general public use as recommended by the manufacturer or
distributor, subject to such provisions as prescribed by the Department
in said approval.
No person shall sell or distribute for sale or use of any fuel additive, for
use in any fuel utilization facility in the District, which the Department" has
not approved for use under the provisions of this regulation.
5.5.3 MB Regulation 5.5.1 shall not apply to any fuel additive widely used
by the general public which the Department, on its own initiative, administra-
tively exempts for the commonweal.
5.5.4 MB Approval for use of fuel additives under provisions of Regulation
5.5.2 may be granted for a specified period of time for research purposes
provided, in the opinion of the Department, there is reason to be believe that
such use will not cause or contribute to a condition of air pollution.
Regulation 5.6 - Fuel Suppliers
5.6.1 MB
Any person supplying in intrastate commerce for burning, or reshipment for
burning, within the District, 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 B.t.u. value, sulfur content, viscosity, and ash
content of said fuels, and make such records available to the Department for
its review and inspection during customary business hours..
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5.6.2 MB
Any person supplying in intrastate commerce for burning within the District,
fuel oil of a grade No. 2 or greater, or coal, or gas, shall submit a list of
customers using more than 30,000 gallons per year of fuel oil, or more than
150 tons of coal, or more than 4,000,000 cubic feet of gas, by May 1st of each
year covering the period of January 1st to December 31st of the previous year,
and showing each customer's address, fuel type, sulfur content and monthly
fuel amount, (the Department will maintain the confidentiality of customer
name and address as per Executive Order 75, paragraph 3, except when such
information is required for law enforcement purposes).
5.7 through 5.10 (Reserved for future use)
5.11 MB
All fuel analyses to be performed by or for distributors or users of fuels,
for purposes of these regulations, shall be performed in such manner and
report in such units as are approved by the Department.
(Regulation 5.1 is approved, except the Eastman Gelatin Corp., Peabody, Mass.
remains subject to original requirement of Regulation 5 that sources outside
the Boston "core area" are permitted to burn fossil fuel having a sulfur
content not in excess of 0.55 Ibs. per million B.t.u. heat release potential
(approximately equivalent to 1% S content residual oil by weight)).
(50.1.2) REGULATION 6. Visible Emissions
6.1 From Stationary Sources Other Than Incinerators
6.1.1 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.
6.1.2 No person shall cause, suffer, allow or permit the operation
of a facility so as to emit contanrinant(s), exclusive of un-
combined water or smoke subject to Regulation 6.1.1, of such
opacity which, in the opinion of the Department, could be
reasonable 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 2 minutes during any one
hour provided that, at no time during the said 2 minutes shall
the opacity exceed 40%.
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6.2 From Incinerators
6.2.1 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 at any
time.
6.3 From Marine Vessels
6.3.1 Marine vessels shall be subject to the provisions of Regula-
tion 6.1.1 and 6.1.2. This Regulation 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.
6.4 From Aircraft
6.4.1 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 to or greater than No. 2
of the Chart for a period of time in excess of ten seconds
during landing, takeoff, or taxiing operations.
6.5 From Spark-Ignited Internal Combustion Engines
6.5.1 No person shall cause, suffer, allow, or permit emission of
visible air contaminants, other than water, from internal
combustion engines of:
(a) portable or stationary equipment, other than motor
vehicles, for longer than ten (10) consecutive seconds;
or
(b) a motor vehicle after the vehicle has moved more than
100 feet from a place where the vehicle was stationary;
or
(c) a motor vehicle, for more than five (5) consecutive
seconds, under any condition of cruising or acceleration.
6.6 From Diesel Engines
6.6.1 No person shall cause, suffer, allow, or permit excessive
emission of visible air contaminants, other than water,
from a diesel engine.
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(51.13) REGULATION 7. Open Burning
7.1 No person shall cause, suffer, allow, or permit the open burning of
any combustible material.
7.2 Except during periods of adverse meteorological conditions as may be
determined by the Department and when direct or public notice thereof
has been made by the Department through the news media, Regulation
7.1 shall not apply to:
7.2.1 Open burning primarily conducted for cooking purposes:
7.2.2 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;
7.2.3 Open burning for the purpose of training or research in fire
protection or prevention, provided a properly executed permit
has been obtained pursuant to Section 13 of Chapter 48 of the
General Laws and further provided that such permit has been
approved by the Department;
7.2.4 Open burning for the purpose of cpmbating or back firing an
existing fire by persons affiliated with an official fire
fighting agency;
7.2.5 Open'burning, associated with the normal pursuit of agri-
culture, which in the opinion of the Department is deemed
necessary and which includes, but is not limited to, open
burning of blueberry patches for pruning purposes, dead rasp-
berry stalks, fruit tree prunings, and infected bee-hives for
disease control provided such burning is conducted:
(a) during periods of good atmosphere ventilation,
(b) without causing a nuisance,
(c) with smoke minimizing starters if starters or starting
aids are used, and
(d) under the provisions of a properly executed permit
issued under the provisions of Section 13 of Chapter 48
of the General Laws;
7.2.6 Open burning of brush and trees resulting from agricultural
land clearing operations provided that such burning is con-
ducted:
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(a) during periods of good atmospheric ventilation,
(b) without causing a nuisance,
(c) with smoke minimizing starters if starters or starting
aids are used, and
(d) under the provisions of a properly executed permit
issued under the provisions of Section 13 of Chapter 48
of the General Laws;
7.2.7 Open burning of fungus-infested elm wood provided that no
suitable alternate method of disposal is available and that
such burning is conducted:
(a) during periods of good atmospheric ventilation,
(b) without causing a nuisance,
(c) with smoke minimizing starters if starters or starting
aids are used, and
(d) under the provisions of a properly executed permit
issued under the provisions of Section 13 of Chapter 48
of the General Laws; or
7.2.8 Open burning of combustible material with approval of the
Department and after demonstration to the satisfaction of the
Department that no alternative suitable method of disposal of
said material is available provided that such burning is con-
ducted:
(a) during periods of good atmospheric ventilation,
(b) without causing a nuisance,
(c) with smoke minimizing starters if starters or starting
aids are used, and
(d) under the provisions of a properly executed permit issued
under the provisions of Section 13 of Chapter 48 of the
General Laws.
7.3 Except as may be incidental to compliance with provisions contained
in Regulation 7.2, no person shall place or store, in the ambient
air space, combustible material in such a manner as to cause or allow
the presumption by the Department that such material may be subjected
to reduction by burning.
7.4 Regulations 7.1, 7.2, and 7.3 are subject to the enforcement pro-
visions specified in Regulation 52.1.
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(51.9) REGULATION 8. Incinerators
8.1 General
8.1.1 No person shall cause, suffer, allow, or permit the construction
or substantial reconstruction or alteration of any incinerator
for which
(a) the design for construction or substantial reconstruction
or alteration thereof and
(b) the Standard Operating Procedure
have not been approved by the Department in writing.
8.1.2 No person shall sell or distribute for sale any special incin-
erator 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 per-
son selling or distributing the incinerator to the person to
whom the sale or distribution fs made.
8.1.3 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.
8.1.4 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.
8.1.5 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 incin-
erator has been notified of said opinion.
8.1.6 Regulations 8.1.3 and 8.1.4 are subject to the enforcement
provisions specified in Regulation 52.1, insofar as they per-
tain to domestic incinerators.
8.2 Municipal Incinerators
8.2.1 No person shall cause, suffer, allow, or permit the construction
or substantial reconstruction or alteration or thereafter the
operation of a municipal incinerator for which the site location
has not been approved by the Department in writing.
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8.2.2 No person shall cause, suffer, allow or permit the operation of
a municipal incinerator unless said incinerator has complied
with the provisions of Regulation 2.
8.2.3 Tests for determining emission contaminant concentrations shall
be conducted in a manner as specified in Regulation 2.5.3.
8.3 Commercial, Industrial, and Special Incinerators
8.3.1 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.
(50.1.3) REGULATION 9. Dust and Odor
(50.6)
9.1 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, fossil 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, building demolition and agricultural operations shall
permit emissions therefrom which cause or contribute to a condition
of air pollution.
9.2 No person shall cause, suffer, allow, or permit the handling or
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.
9.3 No person shall cause, suffer, allow, or permit a building, road,
driveway, or open area to be constructed, used, repaired, or
demolished without applying such reasonable measures as may be
necessary to prevent particulate matter from becoming air-borne that
may cause or contribute to a condition of air pollution.
9.4 Regulation 9.1, 9.2, and 9.3 are subject to the enforcement pro-
visions specified in Regulation 52.1.
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(50.7) REGULATION 10. Noise
10.1 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.
10.2 Regulation 10.1 shall pertain to, but shall not be limited to, pro-
longed unattended sounding of burgular 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, suppressable and preventable industrial and commercial
sources of sound, and other man-made sounds that cause noise.
10.3 Regulation 10.1 shall not apply to sounds emitted during and assoc-
iated 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; and
(d) domestic equipment such as lawn mowers and power saws between
the hours of 7 A;M. and 9 P.M.
10.4 Regulation 10.1 is subject to the enforcement provisions specified
in Regulation 52.1.
(12.0) REGULATION 11. Transportation Media (Be referred to Regulation 6)
11.1 Motor Vehicles
11.1.1 All motor vehicles registered in the Commonwealth shall comply
with pertinent regulations of the Registry of Motor Vehicles
relative to exhaust and sound emissions.
11.1.2 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. This regulation shall not apply to
(a) vehicles being serviced, provided that operation of the engine
is essential to the proper repair thereof, or
(b) 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
(c) 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 pro-
vided that such operation does not cause or contribute to a
condition of air pollution.
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11.1.3 Regulation 11.1.2 is subject to the enforcement provisions
specified in Regulation 52.1.
11.2 Diesel Trains
11.2.1 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.
11.2.2 No person shall cause, suffer, allow, or permit the unnecess-
ary .foreseeable idling of a diesel locomotive for a contin-
uous period of time longer than thirty minutes. This
regulation 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.
11.2.3 Regulations 11.2.1 and 11.2.2 are subject to the enforcement
provisions specified in Regulation 52.1.
11.3 Aircraft
11.3.1 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.
11.4 Marine Vessels
11.4.1 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. This Regulation shall apply only in the Merrimack
Valley Air Pollution Control District, Metropolitan Boston
Air Pollution Control District, and the Southeastern Massa-
chusetts Air Pollution Control District.
(13.0) REGULATION 12. Registration Record Keeping And Reporting
12.1 General Application: No person shall cause, suffer, allow, or permit
the operation of an air contamination source until that person com-
plies with the provisions of Chapter 111, Section 142B of the General
Laws as amended by Chapter 797 of the Acts of 1971.
All persons owning, operating, or controlling sources as described
below must apply annually for registration on a form supplied by the
Department setting forth such information pertaining to said source
as the Department may specify.
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Written acknowledgement of registration shall indicate the Department's
approval of the information described in the registration application
and authorizes operation of said source for 1 year from date of ack-
nowledgement unless otherwise specified.
No person shall operate an unregistered source as defined in Regul-
ation 12.2, 12.3, and 12.4 (field of application).
12.2 Fossil Fuel Combustion Facilities
12.2.1 Any person having control of a fuel burning facility such as
but not limited to a coal burner, oil burner, wood burner, or
gas burner that has a rated input capacity in excess of three
(3) million B.t.u. per hour shall comply with Regulation 12.1.
12.3 Industrial Facilities
12.3.1 Any person having control of an industrial facility having an
emission capability of equal to or greater than
(a) five (.5) Ibs/hr. of particulate matter,
(b) four (4) Ibs/hr. of oxides of sulfur,
(c) forty (40) Ibs/day of organic material, or
(d) one (1) Ib/hr. of nitrogen dioxide
shall comply with Regulation 12.1.
12.3.2 Regulation 12.1 and 12.3.1 shall apply to such industrial
facilities as asphalt batching plants, foundries, chemical
products manufacturing plants, petroleum products and
manufacturing plants, aggregate manufacturing plants, food
and food products plants, dry cleaning establishments, paint
and varnish manufacturing plants, paper manufacturing plants,
leather manufacturing plants, concrete manufacturing plants,
and metal coating and treating plants, and such other fac-
. ilities as the Department may require.
12.4 Incinerators
12.4.1 Any person having control of an incineration facility that
has a capability of reducing in excess of 1,000 pounds per
hour of waste shall comply with Regulation 12.1.
(9.0) REGULATION 13. Stack Testing
13.1 Any person having control of a facility for which the Department has
determined that stack testing is necessary to ascertain compliance
with the Department's regulations or design aoproval provisos shall
cause such stack testing:
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(a) to be conducted by a person knowledgeable in stack testing,
(b) to be conducted in accordance with procedures approved by the
Department,
(c) to be conducted in the presence of a representative of the
Department when such is deemed necessary, and
(d) to be summarized and submitted to the Department with analyses
and report by an engineer registered in accordance with the
provisions of Chapter 112 of the General Laws as amended.
13.2 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 opera-
tion of sampling equipment, and
(e) such other reasonable facilities as may be requested by the
Department.
( 9.0) REGULATION 14. Monitoring Devices and Reports
(13.0)
(This regulation is disapproved only to the extent that it does not require
periodic reports on emissions).
14.1 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 such source which the Department
shall review and correlate for its use in emissions control and
exhibit for public information.
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(50.7) REGULATION 15
15.1 No person shall cause, suffer, allow, or permit the spray application
of asbestos fibers or materials containing asbestos fibers; or the
application of said materials by means which, in the opinion of the
Department, may cause or contribute to a condition of air pollution.
REGULATIONS 16 through 49
(Reserved for future use)
(5.0) REGULATION 50. Variances
50.1 The Department upon its own initiative or upon application to it by
any person, after due notice and a public hearing, may vary the appli-
cation of any regulation as it relates to any person as the Depart-
ment may deem necessary.
Variances may be granted when in the opinion of the Department efforts
have been made in good faith by such person to comply with the
regulations prior to the petition for a variance, and:
(1) when enforcement of the regulation is considered to be impract-
ical due to lack of currently available technology or available
conforming fuel, or
(2) when compliance with the regulation is considered to be im-
possible due to unavoidable delays in obtaining control equip-
ment, or
(3) when compliance with the regulation is interfered with due to
acts of nature, or
(4) when the benefits expected to be derived from requiring such
person to comply with such regulation would be substantially
outweighed by the cost to such person and the loss to the
public resulting from compliance, and that granting such a
variance would have no significant deleterious effect on public
health.
Variances where granted, shall:
(a) be in writing
(.b) not extend beyond May 31, 1975, or such later date as may be
prescribed by Federal law.
(c) be subject to the approval of the administrator of the Environ-
mental Protection Agency.
The applicant shall assume all costs such as, but not limited to, the
publishing of legal notices incidental to the application for and
granting of a variance.
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(16.0) REGULATION 51. Hearings Relative to Orders and Approvals
51.1 The Department will grant a hearing, upon application in writing, for
the purpose of reconsideration to any person to whom an ORDER has been
issued, provided that such application is made within then (10) days
of the receipt of the ORDER.
51.2 Upon receipt of a proposal for the construction, substantial re-
construction or alteration of any facility regulated by the Depart-
ment of Public Utilities, insofar as the facility may have an impact
on air quality, the Department of Public Health shall hold a public
hearing prior to consideration for approval or disapproval of said
facility.
(15.0) REGULATION 52. Enforcement Provisions
52.1 Any police department, fire department, board of health, officials,
or building inspector or his designee acting within his jurisdic-
tional area is hereby authorized by the Department to enforce, as
provided for in Section 142B of Chapter 111, any regulation in which
specific reference to Regulation 52.1 is cited.
REGULATIONS 53 through 59
(Reserved for future use)
(2.0) REGULATION 60. Severability
60.1 Each of these regulations shall be construed as separate to the end
that if any regulation or sentence, clause, or phrases thereof shall
be held invalid for any reason, the remainder of that regulation and
all other regulations shall continue in full force.
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THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF PUBLIC HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
BUREAU OF AIR QUALITY CONTROL
REGULATIONS
FOR THE PREVENTION AND/OR ABATEMENT
OF
AIR POLLUTION EPISODE .
AND
AIR POLLUTION INCIDENT
EMERGENCIES
(Part of the Air Pollution Emergency Plan)
Adopted under the provisions of Section 2B, Chapter 111 of the
General Laws, as inserted by Chapter 900 of the Acts of 1967.
Revised 2/9/72
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(8.0) REGULATION 1. INTRODUCTION
The purpose of the "Regulations for the Prevention and/or Abatement of Air
Pollution Episode and Air Pollution Incident Emergencies" is to prevent
ambient air contaminant concentrations at any location in the Commonwealth
from reaching levels which would constitute imminent and substantial en-
dangerment to the health of persons. The levels which would constitute
imminent and substantial endangerment to the health of persons as have been
defined by the Administrator of the Environmental Protection Agency are set
forth in the table below:
CONTAMINANT CONCENTRATION LEVELS
Prescribed by the EPA Administrator as would cause imminent
and Substantial Endangerment to Health.
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Carbon Monoxide
Carbon Monoxide
Photochemical Oxidant
Photochemical Oxidant
Photochemical Oxidant
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
2,620
1,000
(S02) (TSP)
144,000
86,300
57,500
1,400
1,200
800
3,750
938
ppm
1.0
(so2)
125
75
50
0.7*
0.6*
0.4*
2.0
0.5
COHs
8
(COHs)
Duration
24-hr.
24-hr.
24-hr.
24-hr.
1-hr.
4-hr.
8-hr.
1-hr.
2-hr.
4-hr.
1-hr.
24-hr.
Product
490,000
1.5
* Expressed as Ozone (0,)
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(8.0) REGULATION 2. DEFINITIONS
(1.0)
When used in the "Regulations for the Prevention and/or Abatement of Air
Pollution Episode and Air Pollution Incident Emergencies" and in communications,
notices, or orders relative thereto, the following words and phrases shall have
the meanings ascribed below:
2.1 AIR CONTAMINANT means any substance or man-made physical phenomenon in
the ambient air space and includes, but is not limited to, dust, flyash,
gas, fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive
material, radiation, heat, sound, any combination thereof, or any
decay or reaction product thereof.
2.2 AIR CONTAMINANT SOURCE means any place or thing capable of rendering an
emission.
2.3 AIR POLLUTION means the presence in the ambient air space of one or
more air contaminants or combinations thereof in such concentrations
and of such duration as to:
(a) cause a nuisance,
(b) be injurious, or be on the basis of current information,
potentially injurious to human or animal life, to vegetation, or
to property, or
(c) unreasonably interfere with the comfortable enjoyment of life
and property or the conduct of business.
2.4 AIR POLLUTION EPISODE means a state of the ambient air environment
in which the concentrations of air contaminants are elevated to or
are in excess of certain defined levels and that certain meteor-
ological conditions are expected to maintain.
2.5 AIR POLLUTION EPISODE ALERT (APEA) means that degree of Air Pollution
Episode which meets the criteria for determination of an Air Pollu-
tion Episode Alert as set forth in Regulation 3 of these regulations.
2.6 AIR POLLUTION EPISODE EMERGENCY (APEE) means that degree of Air
Pollution Episode which meets the criteria for determination of an
Air Pollution Episode Emergency as set forth in Regulation 3 of these
regulations.
2.7 AIR POLLUTION EPISODE WARNING (APEW) means that degree of Air
Pollution Episode which meets the criteria for determination of an
Air Pollution Episode Warning as set forth in Regulation 3 of these
regulations.
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2.8 AIR POLLUTION INCIDENT EMERGENCY (APIE) means a state or condition in
the environment, which in the opinion of the Commissioner, has or
potentially may cause air contamination which has resulted in or
potentially will result in an imminent and substantial endangerment
to the public health; e.g. an APIE may be caused by a foreseeable or
unforeseeable happening that has or potentially may result in an
emission that may cause air pollution.
2.9 AMBIENT AIR means the atmosphere or a portion thereof in the air
space above the geographical area of Massachusetts or portion thereof.
2.10 ATMOSPHERIC STAGNATION ADVISORY means an advisory, issued by the
Environmental Meteorological Support Unit of the National Weather
Service, relative to meteorological conditions that are predicted to _
be manifest for 36 hours or more and to be characterized by poor
ventilation and potential increase of ambient air contaminant con-
centration levels. (The advisories may be prepared for regions of
substantial area or, as the need may dictate, for local, relatively
small areas, when indicated.)
2.11 COM - COEFFICIENT OF HAZE means the unit which quantifies the increase
. in photometric density of a filter tape due to deposition of particles
per 1000 linear feet of air through a 1" diameter filter when sampled
at the rate of approximately 0.25 cfm.
2.12 COMMISSIONER means the Commissioner of the Department or his official
designees.
2.13 DEPARTMENT means the Department of Public Health.
2.14 EMISSION means any discharge or release of an air contaminant to the
ambient air space.
2.15 EMISSION REDUCTION PLAN(S) (ERP) means the plans for reducing
emissions during Air Pollution Episode Alerts, Warnings, and/or
Emergencies.
2.16 ugm/M means microqrams per cubic meter.
2.17 NEWS MEDIA means certain channels of communication by which informa-
tion is conveyed between persons; it includes, but is not limited
to, radio, television, and newspapers.
2.18 p.p.m. means parts per million.
2.19 PERSON means any individual, partnership, association, firm,
syndicate, company, trust, corporation, department, authority, bureau,
agency, political subdivision of the Commonwealth, law enforcement
agency, fire fighting agency, or any other entity recognized by law
as the subject of rights and duties.
2.20 TSP means Total Suspended Particulates expressed in ugm/M .
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(8.0) REGULATION 3. AIR POLLUTION EPISODE CRITERIA
3.1 Criteria to be used in the determination of:
(a) Air Pollution Episode Alert - AREA
(b) Air Pollution Episode Warning - APEW, and
(c) Air Pollution Episode Emergency - APEE
are set forth in this regulation. The criteria are for the purpose
of assisting the Department in the determination of the degree of
episode based upon the ambient air contaminant concentration levels
attained (or predicted) and meteorological conditions manifest and
predicted.
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3.2 (a)
CRITERIA
FOR DETERMINATION OF
AIR POLLUTION EPISODE ALERT (APEA)
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S)2) x (COHs)
Carbon Monoxide
Ozone (03)
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
800
375
(S02) (TSP)
17,000
200
1,130
282
ppm
0.3
(so2)
15
0.1
0.6
0.15
COHs
3
(COHs)
Duration
24-hr.
24-hr.
24-hr.
24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product*
65,000
0.2
Meteorological Conditions are such that the Department is of the opinion that,
unless appropriate control actions to reduce emissions are taken, ambient air
contaminant concentration levels will remain at or in excess of the above
levels for twelve (12) or more hours.
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3.2 (b)
CRITERIA
FOR DETERMINATION OF
AIR POLLUTION EPISODE WARNING (APEW)
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
H1-Vol (TSP) .
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Ozone (03)
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
1,600
625
(S02) (TSP)
34,000
800
2,260
565
ppm
0.6
(so2)
30
0.4
1.2
0.3
COHs
5
(COHs)
Duration
24-hr.
24-hr.
24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product
261 ,000
0.8
Meteorological Conditions are such that the Department is of the opinion that,
unless appropriate control actions to reduce emissions are taken, ambient air
contaminant concentration levels will remain at or in excess of the above
levels for twelve (12) or more hours.
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3.2 (c)
CRITERIA
FOR DETERMINATION OF
AIR POLLUTION EPISODE EMERGENCY (APEE)
Contaminant
Sulfur Dioxide (SO )
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Ozone (OJ
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
2,100
875
(S02) (TSP)
46,000
1,200
3,000
750
ppm
0.8
(so2)
40
0.6
1.6
0.4
COHs
7
(COHs)
Duration
24-hr.
24-hr.
24-hr.
24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product
393,000
1.2
Meteorological Conditions are such that the Department is of the opinion that
ambient air contaminant concentration levels will remain at or in excess of
the above levels for twelve (12) or more hours.
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(8.0) REGULATION 4. AIR POLLUTION EPISODE POTENTIAL ADVISORIES
4.1 Atmospheric Stagnation Advisories received by the Department shall be
evaluated by the Department in the light of manifest local meteoro-
logical conditions, weather forecast, ambient air contaminant con-
centration levels observed, and anticipated weather-influenced
emissions.
4.2 During period of suspected poor atmospheric ventilation, Atmospheric
Stagnation Advisories, and Air Pollution Episodes, the Department will
maintain close liaison with the local Environmental Meteorological
Support Unit (EMSU) to exchange information of mutual benefit.
.(8.0)' REGULATION 5. DECLARATION OF AIR POLLUTION EPISODES AND INCIDENTS
5.1 The Commissioner, based upon the Department's evaluation of such
information relative to ambient air contaminant concentrations levels
as may be available to the Department, meteorological conditions
extant, the Criteria set forth in Regulation 3 and/or other sub-
stantive and germane information, shall declare an
(a) Air Pollution Episode Alert
(b) Air Pollution Episode Warning, or
(c) Air Pollution Incident Emergency
5.2 The Commissioner, with the approval of the Governor, based upon the
Department's evaluation of such information relative to the ambient
air contaminant concentrations levels as may be available to the
Department, meteorological conditions extant, the Criteria set forth
in Regulation 3 and/or other substantive and germane information
shall declare an Air Pollution Episode Emergency.
5.3 When an Air Pollution Episode or Incident Emergency is declared, the
Commissioner shall specify the contaminant(s) and portion(s) of the
Commonwealth in which said Episodes or Incident Emergencies pertain.
5.4 Notice of a declaration of an Air Pollution Episode or Incident
Emergency shall be made through the News Media to the extent feasible
and such other means of communication as the Commissioner deems
appropriate.
(8.0) REGULATION 6. TERMINATION OF AIR POLLUTION EPISODES AND INCIDENT EMERGENCIES
6.1 Whenever an Air Pollution Episode is declared, said level (or status)
of episode will remain in effect until the criteria for that said
level are no longer being met and, at such time, the next lower level
(or status) will be assumed.
6.2 When the conditions which occasioned the need for declaration of an
Air Pollution Episode or Incident Emergency no longer exist, the
Commissioner shall declare a termination.
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Alert Warning Emergency
(8.0) REGULATION 7. EMISSION REDUCTIONS STRATEGIES
7.1 Upon the declaration of an Air Pollution Episode, any person responsible
for or having control over an ambient air contaminant emission source
shall implement, to the extent possible, the indicated action stra-
tegies as listed below for the episode level and contaminant of con-
cern as declared by the Commissioner.
Action Strategies
ARC Regulations in force
Open burning variances cancelled
Incinerator use 12 AM - 4 PM only
Curtail motor vehicle use
Stop unnecessary motor vehicle use - X X
Electric Power Generating Facilities
Boiler lancing or soot blowing between
12 AM - 4 PM only XX X
Use of lowest sulfur content fuel available XX X
Use of lowest ash content fuel available XX X
Power source switching XX X
Process Steam Generating Facilities
Boiler lancing or soot blowing between
12 AM - 4 PM only XX X
Use of lowest sulfur content fuel available XX X
Use of lowest ash content fuel available XX X
Purchase instead of generate electric power XX X
Reduction of steam demands consistent with
plant operations XX X
Other industries
Boiler lancing or soot blowing between
12 MA - 4 PM only XX X
Purchase instead of generate electric power XX X
Postponing or deferring production and
all operations XX X
Reduction of heat load demands XX
Notification to sensitive persons X X
No use of incinerators - X X
Stop building construction and demolition - X X
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Action Strategies Alert Warning Emergency
Electric Power Generating Facilities
Make ready for use of
Emission Reduction Plan (ERP) - X X
Process Steam Generating Facilities
Make ready for use of ERP X X
Other Industries
Make ready for use of ERP X X
Stop all motor vehicle use (except emergency
vehicles) - X X
All industries enact ERP's X
The following shall cease operations
mining and quarring of non-metallic minerals - X
manufacturing establishments with no ERP - X
wholesale trade establishments X
non-essential local, county, state and
federal offices - - X
retail trade establishments - - X
banks, credit agencies, etc. - - X
domestic services - - X
recreational and sporting facilities and
events - - X
educational institutions - - X
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(8.0) REGULATION 8. EMISSION REDUCTION PLANS (ERP)
8.1 Any person responsible for the operation of an emission source as set
forth in Regulation 7 of these regulations or any other emission source
when requested by the Department in writing to do so shall prepare
standby Emissions Reduction Plans (ERP) to reduce or eliminate
emissions of air contaminants.
8.2 Standby Emissions Reduction Plans required by Section 8.1 shall be in
writing and shall identify the sources of air contaminants, the
approximate amount of reduction of contaminants, and a brief des-
cription of the manner in which the reduction will be achieved.
8.3 ERPs Submittal and Approval
8.3.1 Standby plans (ERPs) required by Regulation 8.2 shall be sub-
mitted to the Department upon request within thirty (30) days
of the receipt of such request.
8.3.2 Standby plans (ERPs) shall be subject to review and approval
by the Department. And if, in the opinion of the Department,
any ERP is inadequate, the Department shall disapprove the
plan and request the preparation of an amended plan. The
Department shall grca the reasons for disapproval and shall
require resubmittc ' the plan within a reasonable period of
time as determined Jy the Department.
8.4 During a declared Air Pollution Episode, standby ERPs as required by
Regulation 8.2 shall be made available on the premises to any person
authorized to enforce the provisions of these regulations and the
person responsible for the operation of the emissions source shall
be responsible for its implementation.
8.5 Any person responsible for the operation of stationary emission
source having a capability of emitting 100 tons or more per year of
sulfur dioxide, nitrogen dioxide, particulates, carbon monoxide, or
hydrocarbons shall be subject to the provisions of Regulations
8.1, 8.2, 8.3, and 8.4.
8.6 Any person subject to the provisions of Regulation 8.5 shall submit
an appropriate approvable ERP to the Department on or before July 1,
1972, for the Department's review and approval prior to its being
submitted to the Administrator of the Environmental Protection Agency
in compliance with the provisions of Section 420. 16(c)(2) of Part 420
of Chapter IV, Title 42, Code of Federal Regulations.
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(8.0) REGULATION 9. PROHIBITION OF AIR POLLUTION
9.1 During a declared Air Pollution Episode, no person having control of
any emission source located in the designated area of the Air
Pollution Episode shall knowingly cause, suffer, allow, or permit
the operation of said source in violation of any of the provisions of
any of the "Regulations (of the Department) for the Control of Air
Pollution" in any of the six "Air Pollution Control Districts" in
the Commonwealth.
(8.0) REGULATIONS 10-14
(No Regulations)
(8.0) REGULATION 15. AIR POLLUTION INCIDENT EMERGENCY (APIE)
15.1 The Commissioner shall declare an Air Pollution Incident Emergency
if, in his opinion, such is deemed advisable to prevent or abate an
imminent and substantial endangerment to the public health.
15.2 By nature of Air Pollution Incident Emergencies, as defined, APIE's
do not lend themselves to specific preplanned strategies for the
specific emission sources as in the case of Air Pollution Episodes.
15.3 Upon declaration of an Air Pollution Incident Emergency the
Commissioner and his designees shall assume and exercise such
authority and powers as are provided in Section 2B of Chapter 111
of the General Laws and as the Commissioner or his designees may
deem necessary to effect a prevention or an abatement of the con-
ditions which occasioned his declaration of the APIE.
15.4 Appropriate agencies of the Commonwealth and political subdivisions
thereof shall cooperate with the Commissioner and his designees in
efforts to effect the prevention or abatement of the Air Pollution
Incident Emergency.
15.5 Steps taken by any person to effect or assist in the prevention or
abatement of an ir Pollution Incident Emergency shall not be proof
conclusive in any action to establish responsibility for the event
or happening that occasioned the APIE and shall not prejudice his
rights under the law.
REGULATIONS 16-19
(No Regulations)
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(5.0) REGULATION 20. VARIANCES
The Department, upon its own initiative or upon application to it by any
person, after due notice and a public hearing, may vary any of these regula-
tions as it may deem necessary for the public good or to allay undue hardship.
Variances, when granted, shall be in writing. The applicant shall assume all
costs such as, but not limited to, the publishing of legal notices incidental
to the application for and granting of a variance.
(16.0) REGULATION 21. HEARINGS
The Department will grant a hearing, upon application in writing for the
purpose of reconsideration to any person to whom an Order has been issued,
provided that such application is made within ten (10) days of the receipt of
the Order.
(15.0) REGULATION 22. ENFORCEMENT PROVISIONS
22.1 Any official of any police department or agency, fire department or
agency, or health agency of the Commonwealth or political subdivision
thereof is hereby authorized to enforce, as provided for in Section
28 and/or Section 142B of Chapter 111, Regulations 7, 8.4 and 9 of
these regulations.
REGULATIONS 23 - 29
(No Regulations)
(2.0) REGULATION 30. SEVERABILITY
30.1 Each of these regulations shall be construed as separate to the end
that if any regulation or sentence, clause, or phrase thereof shall
be held invalid for any reason, the remainder of that regulation and
all other regulations shall continue in full force.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.1124 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
ti on :
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days,
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an'application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4-) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon, monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified, under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to .paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as attended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(12.0) 52.1128 Transportation and land use controls
(a) For purposes of this subpart, the definitions herein are applicable.
(b) Definitions:
(1) "Register" as applied to a motor vehicle, means the licensing
of such motor vehicle for general operation on public roads or
highways by the appropriate agency of the Federal Government or
by the Commonwealth.
(2) "Boston Intrastate Region" means the Metropolitan Boston Intra-
state Air Quality Control Region, as defined in 81.19 of this
part.
(3) (Reserved)
(4) "Freeze area" means that portion of the Boston Intrastate
Region enclosed within the following boundaries: The City of
Cambridge; that portion of the City of Boston from the Charles
River and the Boston Inner Harbor on north and northeast of
pier 4 on Northern Avenue; by the east side of pier 4 to B
Street, B Street extension of B Street to B Street, B Street,
Dorchester Avenue, and the Preble Street to Old Colony Avenue,
then east to the water, then by the water's edge around
Columbia Point on various courses generally easterly, south-
erly, and westerly to the center of the bridge on Morrissey
Boulevard, on the east and southeast; then due west to Free-
port Street, Freeport Street, Dorchester Avenue, Southeast
Expressway, Southampton Street, Reading Street, Island Street,
Chadwick Street, Carlow Street, Albany Street, Hunneman Street,
Madison Street, Windsor Street, Cabot Street, Ruggles Street,
Parker Street, Ward Street, Huntington Avenue, Brook!ine-
Boston municipal boundary, Mountford Street to the Boston
University Bridge on the southwest and west; and the Logan
International Airport. Where a street or roadway forms a
boundary the entire right-of-way of the street is within the
freeze area as defined.
(5) "Boston proper" means that portion of the City of Boston,
Massachusetts, contained within the following boundaries:
The Charles River and Boston Inner Harbor on the northwest,
north, and northeast, the Inner Harbor, Fort Point Channel,
Fitzgerald Expressway, and the Massachusetts Avenue Expressway
access branch on the east and southeast, and Massachusetts
Avenue on the west. Where a street or roadway forms a boun-
dary, the entire right-of-way of the street is within the
Boston proper area as here defined.
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(6) "Regional Administrator" means the Administrator of Region I of
the U.S. Environmental Protection Agency.
(7) "Governor" means the Governor of the Commonwealth or the head
of such executive office of the Commonwealth as the Governor
shall designate as responsible for carrying out specific pro-
visions of this subpart.
(8) "Commonwealth" means the Commonwealth of Massachusetts.
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(12.0) 52.1134 Regulation limiting on-street parking by commuters
(a) "On-street parking" means parking a motor vehicle on any street,
highway, or roadway, except for legal stops within designated load-
ing zones or areas defined for loading purposes, at or before inter-
sections, as caution, safety and emergencies require, whether or
not a person remains in the vehicle.
(b) Commencing on or before June 30, 1974, the Commonwealth, the City
of Boston, the City of Cambridge, and administrative bodies of any
of them having jurisdiction over any streets, highways, or roadways
within the City of Cambridge or Boston proper, and the principal
officials and administrative bodies thereof having responsibility
over parking of such streets, highways, or roadways, shall adopt
all necessary administrative and enforcement procedures and regula-
tions to effect a prohibition of on-street parking within Boston
proper between the hours of 7 a.m. and 9:30 a.m., and within the
City of Cambridge between the hours of 7 a.m. and 10 a.m., except
Saturdays, Sundays and legal holidays. The regulations shall state
that violation of the prohibition shall be punishable by a fine of
not less than $15. The City of Boston shall at a minimum eliminate
50 percent of on-street parking during the hours specified by
January 1, 1976; 66-2/3 percent by September 1, 1976; and 100 per-
cent by March 1, 1977. The City of Cambridge shall at a minimum
eliminate 33-1/3 percent of on-street parking during the hours
specified by September 30, 1974; 66-2/3 percent by July 1, 1975;
and 100 percent by March 1, 1977. Any other affected entity shall
at a minimum eliminate 33-1/3 percent of such parking during the
hours of 7 a.m. to 10 a.m. by January 1, 1976; 66-2/3 percent by
September 1, 1976, and 100 percent by March 1, 1977.
(c) The following classes of vehicles shall be exempt from the require-
ments of this section, provided that on-street parking by such
vehicles is in compliance with local and state regulations:
(1) Vehicles owned by residents of that portion of Boston included
within Boston proper that are registered in Boston and display
a resident parking sticker for that area issued by the City of
Boston;
(2) Vehicles owned by resident of Cambridge that are registered in
and parked within Cambridge and display an appropriate parking
sticker issued by the City of Cambridge;
(3) Vehicles owned and operated by handicapped persons with HP
license plates; and
(4) Vehicles registered as "commercial vehicles" by the Common-
wealth and displaying appropriate license plates.
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(d) On or before June 30, 1974, no owner or operator of a motor vehicle
shall park, or permit the on-street parking of said vehicle within
Cambridge or Boston proper except in conformity with the provisions
of this section and the measures implementing it.
(e) The Governor and the chief executive of any other governmental en-
tity on which obligations are imposed by paragraph (b) of this sec-
tion should, on or before April 15, 1974, submit to the Regional
Administrator for his approval a detailed statement of the legal and
administrative steps selected to effect the prohibition provided for
in paragraphs (b) and (d) of this section, and a schedule of imple-
mentation consistent with the requirements of this section. Such
schedule shall include as a minimum the following:
(1) Designation of one or more agencies responsible for the admin-
istration and enforcement of the program;
(2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this
section;
(3) The procedures by which vehicles exempt from the requirements
of this section will be marked; and
(4) A map showing which streets will be subject to the ban accord-
ing to the schedule of implementation.
(f) Upon a finding that substantial hardship would otherwise be experi-
enced by employees of employment facilities located in Cambridge,
the Director of Traffic and Parking of the City of Cambridge may
issue special parking stickers to such employees which shall entitle
vehicles to park during the hours of the ban. Such stickers shall
be valid only for those streets and areas of streets clearly iden-
tified on the face of such stickers, shall be issued with preference
being given to carpools and vanpools and shall be subject to immed-
iate revocation if the vehicle is cited for a parking violation on a
street or area other than those designated. A list of all persons
receiving such stickers shall be sent to the Regional Administrator
on or before July 1 of each year.
(g) The ban shall not apply to any street space which is subject to
metered parking with a maximum allowable time limit of one hour.
(40 FR 25162, June 12, 1975)
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(12.0) 52.1135 Regulation for parking freeze
(a) Definitions:
(1) The phrase "to commence construction" means to engage in a con-
tinuous program of on-site construction including site clear-
ance, grading, dredging, or land filling specifically designed
for a parking facility in preparation for the fabrication,
erection, or installation of the building components of the
facility. For the purpose of this paragraph, interruptions
resulting from acts of God, strikes, litigation, or other
matters beyond the control of the owner shall be disregarded in
determining whether a construction or modification program is
continuous.
(2) The phrase "to commence modification" means to engage in a con-
tinuous program of on-site modification including site clear-
ance, grading, dredging, or land filling in preparation for a
specific modification of the parking facility.
(3) The phrase "commercial parking space" means a space used for
parking a vehicle in a commercial parking facility.
(4) (Reserved)
(5) "Commercial parking facility" (also called "facility") means
any lot, garage, building or structure, or combination or por-
tion thereof, on or in which motor vehicles are temporarily
parked for a fee, excluding (i) a parking facility, the use of
which is limited exclusively to residents (and guests of resi-
dents) of a residential building or group of buildings under
common control, and (ii) parking on public streets.
(6) "Freeze" means to maintain at all times after October 15, 1973,
the total quantity of commercial parking spaces available for
use at the same amounts as were available for use prior to said
date; Provided. That such quantity may be increased by spaces
the construction of which commenced prior to October 15, 1973,
or as specifically permitted by paragraphs (n), (p) and (q) of
this section; provided further that such additional spaces do
not result in an increase of more than 10 percent in the total
commercial parking spaces available for use on October 15,
1973, in any municipality within the freeze area or at Logan
International Airport ("Logan Airport"). For purposes of the
last clause of the previous sentence, the 10 percent limit
shall apply to each municipality and Logan Airport separately.
(b) (Reserved)
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(c) There is hereby established a freeze, as defined by paragraph (a)
(6) of this section, on the availability of commercial parking facil-
ities in the freeze area effective October 15, 1973. In the event
construction in any municipality, commenced prior to October 15,
1973, results in a number of spaces which exceeds the 10 percent
limit prescribed by paragraph (a) (6) of this section, then the
Governor shall immediately take all necessary steps to assure that
the available commercial spaces within such municipality shall be
reduced to comply with the freeze. In the event that such limit is
exceeded at Logan Airport, then the provisions of paragraph (m) of
this section shall apply.
(d) (Reserved)
(e) After August 15, 1973, no person shall commence construction of any
commercial parking facility or modification of any such existing
facility in the freeze area unless and until he has obtained from
the Governor or from an agency approved by the Governor a permit
stating that construction.or modification of such facility will be
in compliance with the parking freeze established by paragraph (c)
of this section. This paragraph shall not apply to any proposed
parking facility for which a general construction contract was
finally executed by all appropriate parties on or before August 15,
1973.
(f) The Governor shall notify the Regional Administrator in writing
within 10 days of approval of any agency pursuant to paragraph (e)
of this section. In order for any agency to be approved by the
Governor for purposes of issuing permits pursuant to paragraph (e)
of this section, such agency shall demonstrate to the satisfaction
of the Governor that:
(1) Requirements for permit application and issuance have been
established. Such requirements shall include but not be lim-
ited to a condition that before a permit may be issued the
following findings of fact or factually supported projections
must be made:
(i) The location of the facility; and
(ii) The total motor vehicle capacity before and after the
proposed construction or modification of the facility.
(2) Criteria for issuance of permits have been established and
published. Such criteria shall include, but not be limited
to:
(i) Full consideration of all facts contained in the appli-
cation.
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(ii) Provisions that no permit will be issued if construction or
modification of the facility will not comply with the re-
quirements of paragraph (c) of this section.
(3) Agency procedures provide that no permit for the construction or
modification of a facility covered by this section shall be
issued without notice and opportunity for public hearing. The
public hearing may be of a legislative type; the notice shall
conform to the requirements of 40 CFR 51.4(b); and the agency
rules or procedures may provide that if no notice of intent to
participate in the hearing is received from any member of the
public (other than the applicant) prior to 7 days before the
scheduled hearing date, no hearing need be held. If notice of
intent to participate is required, the fact shall be noted
prominently in the required hearing notice.
(g)-(l) (Reserved)
(m) On or before January 30, 1975, the Massachusetts Port Authority
("Massport") shall prepare and submit to the Governor for his approval
a plan showing the manner in which the number of commercial parking
spaces at Logan Airport which exceeds the number of such spaces per-
mitted under the freeze shall be removed from use. The Governor
shall approve such plan if he determines that (1) implementation
of such plan would result in reducing the aggregate number of commer-
cial parking spaces to the level of such spaces permitted by this
section, (2) Massport has adequate legal authority to implement
such plan and (3) adequate commitments have been made by Massport
to assure the Governor that such plan will be fully implemented and
maintained on and after May 1, 1976. In the event that the Governor
does not approve such plan by April 1, 1976, then the owner or opera-
tor of each commercial parking facility located at Logan Airport
shall, on or before July 1, 1976, reduce the number of commercial
parking spaces available for use at each such facility by an amount
which bears the same proportion to the number of spaces exceeding
the limit imposed by this section as the number of spaces available
at such facility bears the total number of such spaces which were
available for use at Logan Airport on April 1, 1976.
(n) Where an agency approved by the Governor under paragraph (e) of this
section to issue permits for new construction in the City of Cam-
bridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973,
were being legally and regularly used as of such date for parking
by commuters (as that term is defined in 52.1161(a) (6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces
from being used by such commuters, then such approved agency may
issue permits for construction of additional new commercial parking
spaces equal to one-half of the number of spaces removed from
regular use by such commuters and the total quantity of commercial
parking spaces allowable in Cambridge under this section shall be
raised accordingly.
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(o) On or before July 31, 1976, and on or before each succeeding July 31,
the Governor and the chief executive officer of any agency approved
by the Governor under paragraph (e) of this section shall submit a
report to the Regional Administrator setting forth:
(1) The names and addresses of all persons who received permits
during the previous twelve-month period ending June 30 and num-
ber of spaces allocated to each such person;
(2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
(3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June
30 prior to the date of the report, including those spaces
made available because of retirement of existing commercial
parking spaces as well as those spaces made available because
of the effects of paragraphs (n), (p) and (q) of this section;
and
(4) The location and capacity of any park-and-ride facility desig-
nated under paragraph (p) of this section.
(p) The Governor and any approved agency may issue a permit to construct
a commercial parking facility which is designated by the Governor as
a park-and-ride facility to be operated in conjunction with mass
transit service without regard to the limitations on number of
spaces imposed by this section.
(q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically elim-
inated through permanent modification or demolition any legal on-
street parking spaces within a municipality then such agency may
issue permits for construction within that municipality of addi-
tional new commercial parking spaces equal to the number of spaces
thus eliminated and the total quantity of commercial parking
spaces allowable for such municipality under this section shall be
increased accordingly.
(r) The provisions of this regulation shall cease to be effective as to
that portion of the freeze area lying within the City of Boston and
not included within Boston proper or Logan Airport at such time as
the City of Boston implements a program, approved by the Governor,
which shall include effective measures to control the construction
of additional commercial parking spaces within that area, includ-
ing procedures for issuance of conditional use permits under appli-
cable zoning regulations and for assuring compliance with all air
quality requirements under state and Federal law.
(40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29,
1975).
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52.1136 (Reserved)
52.1137 (Reserved)
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(12.0) 52.1138 Regulation for computer carpool matching
(a) "Carpool matching" means assembling lists of commuters with similar
daily travel patterns and providing a mechanism by which persons on
such lists may be put in contact with each other for the purpose of
forming carpools.
(b) This section is applicable in the Boston Intrastate Region.
(c) The Governor shall establish a program for encouraging employers and
educational institutions to set up carpool matching programs within
facilities under their control. The program shall provide for:
(1) The distribution to each employer or educational facility sub-
ject to 52.1161 by August 31, 1975, of a manual adequately
showing how to establish and maintain a carpool program;
(2) A computer program available by July 15, 1975, to any such em-
ployer or educational institution or group for the purpose of
carpool matching by use of such computer program;
(3) Processing by the Commonwealth beginning July 15, 1975, of any
set of properly prepared computer cards for 400 or more commu-
ters submitted by any such employer or educational institution
or group and distributing the results of any computer carpool
matching only to such persons; and
(4) Necessary guidance and technical consulting to the affected
facilities subject to 52.1161(b) (7) available by July 15, 1975,
in order to initiate and maintain the carpooling program.
(12.0) 52.1139 Preferential bus/carpool treatment
(a)-(h) (Reserved)
(i) On or before December 31, 1976, the Commonwealth shall perform and
complete feasibility studies on incentive measures involving pref-
erential bus and carpool treatment and other measures designed to
reduce emissions by vehicles in the Boston Intrastate Region. Such
measures shall include, but are not limited to:
(1) Alternative mechanisms for bus/carpool preferential treatment.
(i) Such mechanisms shall include, but are not limited to:
(A) Exclusive bus-carpool lanes, including wrong-way
bus/carpoo1 lanes; and
(B) Restriction of the downtown on and off ramps for use
only by buses and carpools during commuting hours
(off ramps between 6:30 a.m. and 9:30 a.m., and on
ramps between 3:30 p.m. and 6:30 p.m.).
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(ii) Such mechanisms should be considered for use in the
following generally-deined corridors, or whatever com-
bination of listed and/or other routes as the study
may determine to be feasible (listed routes end at
Massachusetts Route 128, unless otherwise noted):
(A) Northeast Corridor: U.S. Route 1 and C-l, and
Interstate Route 95; Massachusetts Route 1-A and
107 (to Lynn);
(B) North Corridor: U.S. Interstate Route 93; Massa-
chusetts Route 28 (to Stoneham); McGrath-O'Brien
Highway; Mystic Valley Parkway (to Winchester);
(C) Northwest Corridor: Massachusetts Route 2;
Massachusetts Avenue (Arlington to Harvard Square);
Alewife Brook Parkway; Fresh Pond Parkway;
(D) West Corridor: Massachusetts Turnpike; Massa-
chusetts Route 9 (to Massachusetts Route 16);
Memorial Drive; Storrow Drive; Soldiers Field
Road;
(E) Southwest Corridor: U.S. Route 1; Arborway;
Washington Street (to Massachusetts Route 1);
(F) South Corridor: Massachusetts Route 28 and 136;
Tremont Street; Columbus Avenue; Sever Street;
Blue Hill Avenue;
(6) Southeast Corridor: Southeast Expressway;
Massachusetts Route 128 (from U.S. Interstate Route
95 to the Southeast Expressway); Massachusetts
Route 3 (to Massachusetts Route 18); Massa-
chusetts Route 3-A (to Hingham); Massachusetts
Route 28; Morrissey Boulevard;
(H) Central Corridor: Central Artery;
(I) North Circumferential Corridor: Massachusetts
Route 16/Mystic Valley Parkway;
(J) Circumferential Corridor: Massachusetts Route 128
(from Intersection with U.S. Route 1 in the north
to Massachusetts Route 3 in the south); and
(K) Downtown Boston Corridor: Washington Street.
(iii) Factors which should be considered in connection with
the feasibility of such mechanisms should include, but
are not limited to, the physical characteristics of the
roads, existing congestion level of roads, predicted bus
volumes, before/after person capacity with and without
the bus lane, cumulative net time savings, cost, the
usefulness of mechanisms in reducing commuter vehicle
miles traveled, the effects of the mechanisms upon
parallel rail transit (where applicable) and other costs
and benefits to users and non-users.
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(2) Toll restructuring on the Massachusetts Turnpike Authority
and Massachusetts Port Authority bridges, tunnels, and roads
so as to provide incentives for bus and carpool use, such as
(but not limited to):
(i) Preferential lanes at toll gates and/or lower fares for
buses and carpools;
(ii) Raising tolls during commuting hours so as to collect
all revenues during those hours and allowing free usage
at other times; and
(iii) Use of one-way toll collection at all toll booths to
reduce waiting time.
(j) On or before January 1, 1976 the Commonwealth shall submit to the
Regional Administrator a scope of work for each study specified in
paragraph (i) of this section. The Commonwealth also shall submit
a schedule describing the timing and contributions of agency par-
ticipants. On or before July 31, 1976, the Commonwealth shall sub-
mit to the Regional Administrator preliminary drafts of each such
study.
(k) The Commonwealth shall structure the studies so as to ensure the
effective participation of all affected state, regional, and local
agencies whose areas of jurisdiction would be affected by any
matter to be studied, of interested citizen and public interest
groups, and of affected cities and towns. Two key agencies that
should be involved from the outset are the Joint Regional Trans-
portation Committee and the Central Transportation Planning Staff,
which fulfills various Commonwealth and Federal transportation
planning requirements, including coordination of the Unified Work
Program. Prior to submitting final studies and recommendations to
the Regional Administrator, the Commonwealth shall make drafts
available to the Regional Administrator and relevant Federal
agencies such as the Federal Highway Administration, U.S. Urban
Mass Transit Authority ("UMTA"), U.S. Department of Transportation,
and Federal Energy Administration. Each affected agency shall have
60 days in which to submit written comments to the Commonwealth.
The Commonwealth shall take such comments into account in preparing
the final studies for submission to the Regional Administrator.
Copies of all comments received shall be submitted to the Regional
Administrator.
(1) To the fullest extent possible the bus feasibility studies
should be coordinated with the ongoing UMTA planning process,
particularly-in regard to preparation of the Unified Work
Program and to the requirements of section 5(d) (2) of the
National Mass Transportation Act of 1974.
(40 FR 25164, June 12, 1975)
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(12.0) 52.1140 Regulation for Inspection and maintenance
(a) Definitions:
(1) "Inspection and maintenance program" means a program to reduce
emissions from in-use vehicles through identifying vehicles
that need emission control-related maintenance and requiring
that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib GVW or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 5,000 Ib GVW and less than 10,000 Ib GVW.
(b) This section is applicable in the Boston Intrastate Region.
(c) The Commonwealth shall establish an inspection and maintenance pro-
gram applicable to all gasoline powered light-duty and medium-duty
vehicles registered in the Boston Intrastate Region that operate on
streets and highways over which it has jurisdiction. No later than
April 1, 1976, the Commonwealth shall submit legally adopted reg-
ulations to the Regional Administrator establishing such a program.
Antique motor vehicles designated by the appropriate state regis-
tration procedures shall be exempt from the requirements of this
section. The regulation shall include:
(1) Provisions for inspection of all such motor vehicles by means
of an idle emission test at periodic intervals at least once
each year on a rotating schedule which provides for inspection
of all such vehicles over a 12-month period with the first
segment of such schedule commencing on August 1, 1976.
(2) Provisions for establishing and periodically revising emission
limitations approved by the Regional Administrator to be in
effect at all times which are designed to achieve an overall
annual reduction in vehicular emissions within the Boston
Intrastate Region of 11 percent of hydrocarbons and 9 percent
of carbon monoxide which would otherwise be emitted.
(3) Provisions to require that failed vehicles receive, within 2
weeks, the maintenance necessary to achieve compliance with
the inspection standards. This shall include sanctions against
non-complying individual owners and repair facilities, retest
of failed vehicles following maintenance, a certification pro-
gram to insure that repair facilities performing the required
maintenance have the necessary equipment, parts and knowledge-
able technicians to perform the tasks satisfactorily, and such
other measures as may be necessary or appropriate.
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(4) A program of enforcement, such as a spot check of idle adjust-
ment, to insure that, following maintenance, vehicles are not
subsequently readjusted or modified in such a way as would
cause them no longer to comply with the inspection standards.
This program shall include appropriate penalties for violation.
(5) Designation of an agency or agencies responsible for conducting,
overseeing, and enforcing the inspection and maintenance pro-
gram.
(d) Commencing August 1, 1976, the State shall not register or allow to
operate on its highways any light-duty vehicle or medium-duty ve-
hicle that does not comply with the applicable standards and pro-
cedures adopted pursuant to paragraph (c) of this section. This
shall not apply to the initial registration of a new motor vehicle.
(e) Commencing August 1, 1976, no owner of a light-duty or medium-duty
vehicle shall operate or allow the operation of any such vehicle that
does not comply with the applicable standards and procedures adopted
pursuant to paragraph (c) of this section. This shall not apply to
the initial registration period of a new motor vehicle. '
(f) The Commonwealth of Massachusetts shall submit, no later than Sep-
tember 1, 1975, a detailed compliance schedule showing the steps it
will take to establish and enforce an inspection and maintenance
program pursuant to paragraph (c) of this section, including the
text of any needed statutory proposals, and needed regulations that
it will propose for adoption. The compliance schedule shall also
include:
(1) The date by which the Commonwealth will recommend the needed
legislation to the legislature;
(2) The date by which the necessary equipment will be ordered;
(3) A statement from the Governor identifying the sources and
amounts of funds for the program. If the program cannot le-
gally be funded or implemented under existing statutory
authority, the text of needed legislation must be submitted.
(g) The Commonwealth shall submit, no later than September 1, 1975,
the text of any needed statutory proposals or regulations to en-
sure that the inspection and maintenance system contains safe-
guards to protect consumers, including (but not limited to):
(1) Upgrading of the current procedures and requirements for
certification of inspection stations to provide that the
operators and employees performing such work on vehicles are
responsible and competent to do so; and
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(2) Protection of consumers from loss due to negligent performance
of inspection and related maintenance work.
(40 FR 25164, June 12, 1975)
52.1141 - 52.1143 (Reserved)
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(12.0) 52.1144 Regulation on evaporative emissions from retail gasoline outlets
(a) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Boston Intrastate Region. The
requirements for this section shall be in effect in accordance
with 52.1147.
(c) (1) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than
250 gallons unless such container is equipped with a submerged
fill pipe and unless the displaced vapors from the storage con-
tainer are processed by a system that prevents release to the
atmosphere of no less than 90 percent by weight of organic com-
pounds in said vapors displaced from the stationary container
location.
(i) The vapor recovery portion of the system shall include
one or more of the following:
(a) A vapor-tight return line from the storage container
to the delivery vessel and a system that will ensure
that the vapor return line is connected before gaso-
line can be transferred into the container.
(b) A refrigeration-condensation system or equivalent de-
signed to recover no less than 90 percent by weight
of the organic compounds in the displaced vapor.
(ii) If a "vapor-tight vapor return" system is used to meet the
requirements of this section, the system shall be so con-
structed as to be readily added on to retrofit with an
absorption system, refrigeration-condensation system, or
equivalent vapor removal system, and so constructed as to
anticipate compliance with 52.1144(d) (1).
(iii) The vapor-laden delivery vessel shall be subject to the
following conditions:
(a) The delivery vessel must be so designed and maintained
as to be vapor tight at all times.
(b) The vapor-laden delivery vessel may be refilled only
at facilities equipped with a vapor recovery system
or the equivalent that can recover at least 90 per-
cent by weight of the organic compounds in the vapors
displaced from the delivery vessel during refilling.
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(2) Gasoline storage compartments of 1,000 gallons or less in gaso-
line delivery vehicles presently in use on October 15, 1973, will
not be required to be retrofitted with a vapor return system un-
til January 1, 1977.
(3) The provisions of this paragraph shall not apply to the following:
(i) Stationary containers having a capacity less than 550 gal-
lons used exclusively for the fueling of implements of
husbandry, provided, however, said containers are equipped
with submerged fill pipes.
(ii) Any container having a capacity of less than 2,000 gallons
installed prior to October 15, 1973.
(iii) Transfers made to storage tanks equipped with floating
roofs or their equivalent.
(d) (1) A person shall not transfer gasoline to an automotive fuel tank
from gasoline dispensing systems unless the transfer is made
through a fill nozzle designed to:
(i) Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or a dispensing noz-
zle;
(ii) Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the or-
ganic compounds in displaced vapors are recovered; and
(iii) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(2) The system referred to in paragraph (d) (1) of this section can
consist of a vapor-tight vapor return line from the fill nozzle-
filler neck interface to the dispensing tank, to an adsorption,
absorption, incineration, or refrigeration-condensation system
or equivalent.
(3) Components of the system required by paragraph (c) (1) of this
section can be used for compliance with this paragraph.
(4) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of para-
graph (d) (1) of this section as a result of fill neck configu-
ration, location, or other design features of a class of ve-
hicles, the provisions of paragraph (d) (1) shall not apply to
such vehicles. However, in no case shall such configuration
exempt any gasoline dispensing facility from installing a system
required by paragraph (d) (1) of this section.
(38 FR 30969, Nov. 8, 1973)
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(50.4) 52.1145 Regulation on organic solvent use
(a) Definitions:
(1) "Organic solvents" include diluents and thinners and are de-
fined as organic materials which are liquids at standard con-
ditions and which are used as dissolvers, viscosity reducers,
or cleaning agents, except that such materials which exhibit
a boiling point higher than 220°F. at 0.5 millimeters of mer-
cury absolute pressure or having an equivalent vapor pressure
shall not be considered to be solvents unless exposed to
temperatures exceeding 220°F.
(2) "Solvent of high photochemical reactivity" means any solvent
with an aggregate of more than 20 percent of its total volume
composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition
limitations in reference to the total volume of solvent:
(i) A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers, or ketones having an olefinic or cyclo-
olefinic type of unsaturation: 5 percent;
(ii) A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethyl benzene: 8
percent;
(iii) A combination of ehtylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene:
20 percent. Whenever any organic solvent or any con-
stituent of an organic solvent may be classified from
its chemical structure into more than one of the above
groups of organic compounds, it shall be considered as
a member of the most reactive chemical group, that is,
that group having the .least allowable percentage of
total volume of solvents.
(3) "Organic materials" are chemical compounds of carbon exclud-
ing carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides, metallic carbonates, and ammonium carbonate.
(b) This section is applicable throughout the Boston Intrastate Re-
gion. The requirements of this section shall be in effect in ac-
cordance with 52.1147.
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(c) No person shall cause, allow, suffer, or permit the discharge into
the atmosphere of more than 15 pounds of organic materials in any
1 day, nor more than 3 pounds of organic materials in any 1 hour,
from any article, machine, equipment, or other contrivance, in
which any organic solvent or any material containing organic sol-
vent comes into contact with flame or is baked, heat-cured, or
heat-polymerized, in the presence of oxygen, unless said discharge
has been reduced as a result of the installation of abatement con-
trols by at least 85 percent. Those portions of any series of ar-
ticles, machines, equipment, or other contrivances designed for
processing a continuous web, strip, or wire that emit organic
materials and use operations described in this section shall be
collectively subject to compliance with this section.
(d) No person shall cause, suffer, allow, or permit the discharge into
the atmosphere of more than 40 pounds of organic materials in any
1 day, nor more than 8 pounds in any 1 hour, from any article,
machine, equipment, or other contrivance used under conditions
other than described in paragraph (c) of this section for employ-
ing, or applying any solvent of high photochemical reactivity or
material containing such photochemically reactive solvent, unless
said discharge has been reduced as a result of the installation of
abatement controls by at least 85 percent. Emissions of organic
materials into the atmosphere resulting from air or heated drying
of products for the first 12 hours after their removal from any
article, machine, equipment or other contrivance, described in
this section shall be included in determining compliance with this
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in paragraph (c) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or
wire that emit organic materials and use operations described in
this section shall be collectively subject to compliance with this
section.
(e) Emissions of organic materials to the atmosphere from the clean-up
with a solvent of high photochemical reactivity, or any article,
machine, equipment, or other contrivance described in paragraph
(c) or (d), or in this paragraph, shall be included with the other
emissions of organic materials from that article, machine, equip-
ment or other contrivance for determining compliance with this
section.
(f) No person shall cause, suffer, allow, or permit during any one day
disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than
1.5 gallons of any such photochemically reactive solvent by any
means that will permit the evaporation, of such solvent into the at-
mosphere.
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(g) Emissions of organic materials into the atmosphere required to be
controlled by paragraph (c) or (d) of this section shall be reduced
by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon
dioxide, or
(2) Adsorption, or
(3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of
the above methods.
(h) A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this section shall provide, properly install
and maintain in calibration, in good working order, and in operation,
devices as specified in the authority to construct, or as specified
by the Regional Administrator, for indicating temperatures, pres-
sures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
(i) Any person using organic solvents or any materials containing or-
ganic solvents shall supply the Regional Administrator upon request
and in the manner and form prescribed by him, written evidence of
the chemical composition, physical properties, and amount consumed
for each organic solvent used.
(j) The provisions of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or stor-
age of organic solvents or materials containing organic sol-
vents.
(2) The spraying or other use of insecticides, pesticides, or
herbicides.
(3) The employment, application, evaporation, or drying of satu-
rated halogenated hydrocarbons or perchloroetnylene.
(4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of
this section if:
(i) The volatile content of such material consists only of
water, and organic solvents;
(ii) The organic solvents comprise not more than 30 percent
by volume of said volatile content;
(iii) The volatile content is not a solvent of high photo-
chemical reactivity, as defined in paragraph (a) of this
section; and
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(iv) The organic solvent or any material containing organic
solvent does not come into contact with flame. This
last stipulation applies only for those articles, ma-
chines, equipment or other contrivances that are con-
structed or modified after November, 1973.
(5) The use of any material, in any article, machine, equipment,
or other contrivance described in paragraph (c), (d), or (e)
of this section if:
(i) The organic solvent content of such material does not
exceed 30 percent by volume of said material;
(ii) The volatile content is not a solvent of high photo-
chemical reactivity, and
(iii) (Reserved)
(iv) The organic solvent or any material containing organic
solvent does not come into contact with flame. This
last stipulation applies only for those articles, ma-
chines, equipment or other contrivances that are con-
structed or modified after November 8, 1973.
(6) (Reserved)
(7) An article, machine, equipment or other contrivance described
in paragraphs (c), (d) or (e) of this section used exclusively
for chemical or physical analyses or determination of product
quality and commercial acceptance provided that:
(i) The exemption is approved in writing by the Regional
Administrator;
(ii) The operator of said article, machine, equipment or con-
trivance is not an integral part of the production pro-
cess; and
(iii) The emissions from said article, machine, equipment or
other contrivance do not exceed 800 Ibs. in any calendar
month.
(k) (Reserved)
(1) All determinations of emission rates shall be conducted in a manner
approved in writing by the Regional Administrator.
(40 FR 25165, June 12, 1975)
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(51.21) 52.1146 Regulation on architectural coatings
(a) "Architectural coating" means a coating used for buildings and
their appurtenances.
(b) This regulation is applicable within the Boston Intrastate Region.
All sources subject to this section shall be in compliance with
paragraphs (c), (d), and (e) of this section on or before January
1, 1975.
(c) No person shall sell or offer for sale, for use within the Boston
Intrastate Region, in containers of 1 quart capacity or larger,
any architectural coating containing a solvent of high photochem-
ical reactivity as defined in 52.1145(a) (2).
(d) No person shall employ, apply, evaporate, or dry any architectural
coating purchased in containers of 1 quart capacity or larger, con-
taining a solvent of high photochemical reactivity.
(e) No person shall thin or dilute any architectural coating with a sol-
vent of high photochemical reactivity.
(38 FR 30970, Nov. 8, 1973)
(6.0) 52.1147 Federal compliance schedules
(a) Except as provided in paragraph (c) of this section, the owner or
operator of a source subject to regulation under paragraph (c) (1)
of 52.1144 and 52.1145 shall comply with the increments of progress
contained in the following schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for
sources subject to 52.1144(c), (1) and on or before May 1, 1974
for sources subject to 52.1145.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of
component parts to accomplish emission control or process mod-
ifications on or before March 1, 1975, for sources subject to
52.1144(c) (1) and on or before July 1, 1974, for sources sub-
ject to 52.1145.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or
before May 1, 1975, for sources subject to 52.1144(c) (1) and on
or before August 15, 1974, for sources subject to 52.1145.
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(4) On-site construction or installation of emission control equip-
ment or process modification must be completed prior to April 15,
1975, except for purposes of paragraph (c) (1) of 52.1144, the
applicable date shall be February 1, 1976.
(5) Final compliance is to be achieved prior to May 31, 1975, ex-
cept for sources subject to paragraph (c) (1) of 52.1144 of
this subpart. Final compliance for sources subject to para-
graph (c) (1) of 52.1144 is to be achieved by June 1, 1976.
(i) Facilities subject to (c) (1) (iii) of 52.1144 of this
subpart which have a daily throughput of 20,000 gallons
of gasoline or less are required to have a vapor re-
covery system in operation no later than May 31, 1977.
Delivery vessels and storage containers served exclu-
sively by facilities required to have a vapor recovery
system in operation no later than May 31, 1977, also are
required to meet the provisions of this section no later
than May 31, 1977.
(6) Any owner or operator of stationary sources subject to com-
pliance schedule in this subparagraph shall certify to the
Administrator within 5 days after the deadline for each incre-
ment of progress, whether or not the required increment of
progress has been met.
(7) Any gasoline dispensing facility subject to paragraph (c) (1)
of 52.1144 which installs a storage tank after October 15,
1973, shall comply with such paragraph by March 1, 1976. Any
facility subject to such paragraph which installs a storage
tank after March 1, 1976 shall comply with such paragraph at
the time of installation.
(b) Except as provided in paragraph (d) of this section, the owner or
operator of a source subject to paragraph (d) (1) of 52.1144 shall
comply with the increments of progress contained in the following
compliance schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted prior to January 1, 1975.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of
component parts to accomplish emission control or process
modification prior to March 1, 1975.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin not
later than May 1, 1975.
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(4) On-site construction or installation of emission control equip-
ment or process modification must be completed prior to May 1,
1977.
(5) Federal compliance is to be achieved prior to May 31, 1977.
(6) Any owner or operator of stationary sources subject to the
compliance schedule in this subparagraph shall certify to the
Administrator, within 5 days after the deadline for each in-
crement of progress, whether or not the required increment of
progress has been met.
(7) Any gasoline dispensing facility subject to paragraph (d) (1)
of 52.1144 which installs a gasoline dispensing system after
the effective date of this regulation shall comply with the
requirements of such paragraph by May 31, 1977. Any facility
subject to such paragraph which installs a gasoline dispensing
system after May 31, 1977, shall comply with such paragraph at
the time of installation.
(c) Paragraph (a) of this section shall not apply:
(1) To a source which is presently in compliance with all require-
ments of paragraph (c) (1) of 52.1144 and 52.1145 and which
has certified such compliance to the Administrator by June 1,
1974. The Administrator may request whatever supporting in-
formation he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
Commonwealth and approved by the Administrator.
(3) To a source subject to 52.1144 (c) (1) whose owner or operator
submits to the Administrator by June 1, 1974, a proposed al-
ternative compliance schedule. No such schedule may provide
for compliance after March 1, 1976.. If promulgated by the Ad-
ministrator, such schedule shall satisfy the requirements of
this paragraph for the affected source.
(4) To a source subject to 52.1145 whose owner or operator submits
to the Administrator by May 1, 1974, a proposed alternative
compliance schedule. No such schedule may provide for compli-
ance after May 31, 1975. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this paragraph
for the affected source.
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(d) Paragraph (b) of this section shall not apply:
(1) To a source which is presently in compliance with paragraph
(d) (1) of 52.1144 and which has certified such compliance to
the Administrator by January 1, 1975. The Administrator may
request whatever supporting information he considers necessary
for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Adminis-
trator by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after May 31, 1977.
If promulgated by the Administrator, such schedule shall sat-
isfy the requirements of this paragraph for the affected
source.
(e) Nothing in this paragraph shall preclude the Administrator from pro-
mulgating a separate schedule for any source to which the appli-
cation of the compliance schedule in paragraphs (a) or (b) of this
section fails to satisfy and requirements of 40 CFR 51.15 (b) and
(c).
(38 FR 30970, Nov. 8, 1973, as amended at 39 FR 4881, Feb. 8,
1974; 39 FR 41253, Nov. 26, 1974; 41 FR 10224, Mar. 10, 1976)
Note: The compliance dates given in paragraphs (b) (l)-(3) were
deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
52.1148 Definitions for the purpose of 52.1149 through 52.1155
(a) "Register", as applied to a motor vehicle, means the licensing of
such motor vehicle for general operation on public roads or high-
ways by the appropriate agency of the Federal Government or by the
State.
(b) "Interstate Region" means the Massachusetts portion of the Hartford-
New Haven-Springfield Interstate Air Quality Control Region as de-
fined in 81.19 of this title.
(c) "Off-street parking facility" means any facility, building, struc-
ture, or lot, or portion thereof used primarily for temporary
storage of motor vehicles.
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(d) "Zone 1" means that portion of the City of Springfield, Massachu-
setts contained within the following boundaries: The Connecticut
River on the west; the railroad track on the north (near Lyman
Street); Chestnut and Maple Streets on the east; and Stockbridge
and Bliss Streets on the south. Where a street or a roadway is a
boundary, the entire right-of-way of the street is within Zone 1
as here defined.
(e) "Zone 2" means that portion of the City of Springfield, Massachu-
setts contained within the following boundaries: The Connecticut
River on the west; Bliss and Stockbridge Streets on the north;
Maple, Pine, Windsor, Knox, Mill, and Dickinson Streets on the east;
Woodside Terrace, Forrest Park Avenue, Leete Street, and Longhill
Street on the south. Where a street or roadway is a boundary, the
entire right-of-way of the street is within Zone 2 as here defined.
(38 FR 30839, Nov. 7, 1973)
(12.0) 52.1149 Regulation limiting on-street parking
(a) "On-street parking" means stopping a motor vehicle on any street,
highway, or roadway (except for legal stops at or before inter-
sections and as caution and safety require) whether or not a per-
son remains in the vehicle and all such stops when the driver does
not remain in the vehicle.
(b) Commencing on or before July 1, 1974, the Commonwealth of Massachu-
setts and the City of Springfield and any political subdivision or
administrative bodies of either having jurisdiction over any states,
highways, or roadways within- Zone 1, shall adopt all necessary ad-
ministrative and enforcement procedures to effect a prohibition of
on-street parking within Zone 1 between the hours of 7 a.m. and
10 a.m. except on Saturdays, Sundays, and legal holidays. The
regulations shall state that violation of the prohibition shall be
punishable by a fine of not less than $50 and removal of the offend-
ing vehicle. The limitation on on-street parking shall be conducted
in a phased-in manner to be completed by March 1, 1975. Each such
governmental entity shall at a minimum eliminate 33-1/3 percent of
currency existing on-street parking during the hours specified by
September 30, 1974; 66-2/3 percent by December 31, 1974; and 100
percent by March 1, 1975.
(c) Exceptions to this regulation shall be granted for vehicles owned by
residents of Zone 1 that are parked near the owner's residence, pro-
viding such on-street parking is in compliance with existing parking
regulations of the City and Commonwealth. Exemptions of vehicles
owned or operated by handicapped persons and disabled veterans
(HP and V license plates) may also be granted.
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(d) On or after June 30, 1974, no owner of a motor vehicle shall park,
or permit the on-street parking of, said vehicle on a street or road-
way within Zone 1 except in conformity with the provisions of this
section and the measures implementing it.
(e) The Governor of the Commonwealth of Massachusetts, and the chief
executive of any other governmental entity on which obligations
are imposed by paragraph (b) of this section shall, on or before
April 15, 1974, submit to the Administrator for his approval, a de-
tailed statement of the legal and administrative steps chosen to
effect the prohibition provided for in paragraphs (b) and (d) of
this section, and a schedule of implementation consistent with the
requirements of that paragraph. Such schedule shall include as a
minimum the following:
(1) Designation of one or more agencies responsible for the adminis-
tration and enforcement of the program.
(2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this
section.
(3) The procedures by which each car will be marked so that resi-
dential vehicles will be exempt from the 7 a.m. to 10 a.m. ban
providing such a vehicle is parked within 0.5 mile of the lo-
cation specified on the registration of the vehicle.
(38 FR 30830, Nov. 7, 1973)
52.1150 (Reserved)
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(12.0) 52.1151 Regulation for computer carpool matching
(a) "Carpool matching" means assembling lists of commuters with similar
daily travel patterns and providing a mechanism by which persons of
such lists may be put in contact with each other for the purpose of
forming carpools.
(b) This section is applicable in the Interstate Region.
(c) The Commonwealth of Massachusetts shall establish a computer-aided
carpool matching system that is conveniently available to the gen-
eral public and to all employees of employers having more than 50
employees within the Interstate Region who operate light-duty ve-
hicles on streets and highways over which the Commonwealth has
ownership or control. Prior to March 1, 1975, the Commonwealth
shall submit legally adopted regulations to the EPA establishing
such a system. No provisions of such regulations shall have an
effective date later than 3 months from the date of adoption. The
regulations shall include:
(1) A method of collecting information that will include the follow-
ing as a minimum:
(i) Provisions for each affected employee to receive an
application form with a cover letter describing the
matching program.
(ii) Provision on each application for applicant identifica-
tion of commuting time, origin, and destination, and the
applicant's desire to ride only, drive only, or share
driving.
(2) A computer method of matching information that will have pro-
visions for locating each applicant's origin and destination
within the Interstate Region.; matching applicants with simi-
lar origins and destinations travel schedules; and enabling
the persons so matched to make contact with each other at the
request of any one of them.
(3) A method of providing continuing service such that the matched
lists of all applicants are retained and made available for
use by new applicants; application forms are currently avail-
able; and the master list is periodically updated to remove
applicants who no longer meet the governing criteria and add
new applicants who do.
(4) Designation of an agency or agencies responsible for operating,
overseeing and maintaining the computer carpool matching system.
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(d) The Governor of the Commonwealth of Massachusetts shall, on or be-
fore April 15, 1974, submit to the Administrator for his approval,
a detailed statement of the legal and administrative steps chosen
to effect the carpool matching system imposed by this system and a
schedule of implementation consistent with the requirements of this
section.
(38 FR 30830, Nov. 7, 1973)
(12.0) 52.1152 Regulation for traffic flow improvements
(a) A traffic-responsive, digital-computer-controlled, traffic signal
system shall be installed in the Springfield area encompassing Zones
1 and 2. In conjunction with this system a ramp metering system
shall be installed to monitor traffic on an appropriate length of
Interstate 91. Those two systems shall function together to im-
prove traffic flow within the Springfield downtown area and also to
limit VMT within the area, despite the potential traffic capacity
increase provided by the system.
(b) The Governor shall, on or before April 15, 1974, submit to the Ad-
ministrator for his approval, a detailed statement of the steps
chosen to implement the actions in paragraph (a) of this section,
and a schedule for such implementation that provides, as a minimum,
the following:
(1) A date by which detailed plans will be given to EPA indicating
the specific system design selected, including the method
planned for use in ramp metering. Such date shall be no later
than March 1, 1974.
(2) A date by which equipment necessary to implement this program
will be ordered.
(3) A date by which the system will become operational. Such date
shall be no later than May 31, 1975.
(38 FR 30831, Nov. 7, 1973)
(12.0) 52.1153 Regulation for street closing
(a) A section of Main Street located in the downtown area of Springfield
shall be permanently closed to all motor vehicular traffic, with the
exception of such vehicles deemed by the Governor of the Commonwealth
(and approved by the Administrator) as necessary and vital for the
essential exchange of goods and services and of mass transit ve-
hicles. The section of Main Street to be'dosed shall extend from
the railroad overpass at the north to State Street at the south.
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Streets intersecting Main Street at strategic points within the
regulated section shall also be closed off where possible and nec-
essary to maximize blocksize. A minimum of 15 block lengths of
intersecting streets shall be closed. The precise intersecting
streets to be regulated will be determined by the State of Mas-
sachusetts and the City of Springfield, subject to approval by
the Administrator.
(b) The Governor shall, on or before April 15, 1974, submit to the
Administrator for his approval a detailed statement of the steps
chosen to effect the actions in paragraph (a) of this section, and a
schedule for their implementation that provides for their full
effectiveness no later than May 31, 1975.
(38 FR 30831, Nov. 7, 1973)
(12.0) 52.1154 Regulation for semiannual inspection and maintenance
(a) Definitions:
(1) "Inspection and maintenance program" means a program to reduce
emissions from in-use vehicles through identifying vehicles
that need emission control related maintenance and requiring
that such maintenance by performed.
(2) "Light-duty Vehicle" means a gasoline-powered motor vehicle
rated at 6000 Ib. GVW or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6000 Ib. GVW and less than 10,000 Ib. GVW.
(4) All other terms used in this paragraph that are defined in
Part 51, Appendix N of this chapter, are used herein with the
meaning therein defined.
(b) This section is applicable in the Interstate Region.
(c) The Commonwealth of Massachusetts shall establish an inspection and
maintenance program applicable to all gasoline-powered, light-duty
and medium-duty vehicles registered in the Interstate Region that
operate on streets or highways over which it has ownership or con-
trol. No later than April 1, 1974, the Commonwealth shall submit
legally adopted regulations to EPA establishing such a program.
Antique motor vehicles designated by the appropriate state reg-
istration procedures shall be exempt from the requirements of this
section. The regulation shall include:
(1) Provisions for inspection of all such motor vehicles at peri-
odic intervals at least twice each year by means of a loaded
emission test.
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(2) Provisions for inspection failure criteria consistent with the
failure of 40 percent of the vehicles tested during the first
inspection cycle.
(3) Provisions to require that failed vehicles receive, within 2
weeks, the maintenance necessary to achieve compliance with the
inspection standards. This shall include sanctions against
non-complying individual owners and repair facilities, retest
of failed vehicles following maintenance, a certification pro-
gram to insure that repair facilities performing the required
maintenance have the necessary equipment, parts and knowledge-
able operators to perform the tasks satisfactorily, and such
other measures as may be necessary or appropriate.
(4) A program of enforcement, such as a spot check of idle adjust-
ment, to ensure that, following maintenance, vehicles are not
subsequently readjusted or modified in such a way as would
cause them no longer to comply with the inspection standards.
This program shall include appropriate penalties for violation.
(5) Designation of an agency or agencies responsible for conducting,
overseeing, and enforcing the inspection and maintenance pro-
gram.
(d) Commencing August 1, 1976, the State shall not register or allow to
operate on its highways any light-duty vehicle or medium-duty ve-
hicle that does not comply with the applicable standards and pro-
cedures adopted pursuant to paragraph (c) of this section. This
shall not apply to the initial registration of a new motor vehicle.
(e) Commencing August 1, 1976, no owner of a light-duty vehicle or
medium-duty vehicle shall operate or allow the operation of any such
vehicle that does not comply with the applicable standards and pro-
cedures adopted pursuant to paragraph (c) of this section. This
shall not apply to the initial registration of a new motor vehicle.
(f) The Commonwealth of Massachusetts shall submit, no later than Janu-
ary 1, 1974, a detailed compliance schedule showing the steps it
will take to establish and enforce a state-operated inspection and
maintenance program pursuant to paragraph (c) of this section, in-
cluding the text of any needed statutory proposals, and needed regula-
tions that it will propose for adoption. The compliance schedule
shall also include:
(1) The date by which the State will recommend the needed legis-
lation to the State legislature;
(2) The date by which the necessary equipment will be ordered;
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(3) A statement from the Governor and State Treasurer identifying
the sources and amounts of funds for the program. If funds
cannot legally be obligated under existing statutory authority,
the text of needed legislation must be submitted.
(38 FR 30831, Nov. 7, 1973)
(13.0) 52.1155 Semiannual and quarterly reports
(a) All definitions are as used in 51.19 of this chapter.
(b) This regulation is applicable in the Interstate Region.
(c) The Commonwealth of Massachusetts or an agency designated by the
Commonwealth and approved by the Administrator shall monitor the
effective emission reductions occurring as a result of the inspection
and maintenance program required under 52.1154.
(d) The data submitted pursuant to paragraph (e) of this section shall be
in accordance with 51.19(d) of this chapter.
(e) No later than May 31, 1974, the State shall submit a detailed pro-
gram to the Administrator demonstrating compliance with paragraph (c)
of this section. The program description shall include the follow-
ing:
(1) The administrative process to be used.
(2) The funding requirements, including a statement from the Governor
or State Treasurer or their respective designees identifying the
source and amount of funds for the program.
(3) A description of the methods to be used to collect the data.
(4) An agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(f) All data obtained by the monitoring program shall be included in the
quarterly report submitted to the Administrator by the State, as re-
quired at 51.7 of this chapter. The first quarterly report shall
cover the period January 1 - March.31, 1975.
(g) The Commonwealth of Massachusetts and the City of Springfield shall
report to the Administrator semiannually beginning May 15, 1974, the
average daily VMT levels and the reduction from current levels of
VMT as specified in the Technical Support Document for the Inter-
state Region.
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(h) The VMT levels shall be based on representative traffic counts taken
in Zones 1 and 2 of Springfield. The VMT reductions shall be identi-
fied for each applicable control measure designed in the State's im-
plementation plan. Such reductions shall be reported in a format
similar to that provided in Appendix M to Part 51 of this chapter,
June 8, 1973.
(38 FR 30831, Nov. 7, 1973)
(14.0) 52.1156 General requirements
(a) The requirements of 51.10(e) of this chapter are not met since the
legal authority to provide for public availability of emission data
is inadequate.
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the Agency re-
sponsible for making emission data available to the public, as
specified in the applicable plan, concerning emissions from
any source subject to emission limitations which are part of
the approved plan may request that the appropriate Regional
Administrator obtain and make public such data. Within 30
days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and
amounts of emissions from such source and any other information
as may be deemed necessary by the Regional Administrator to
determine whether such source is in compliance with applicable
emission limitations or other control measures that are part
of the applicable plan.
(2) Commencing after the initial notification by the Regional Ad-
ministrator pursuant to paragraph (b) (1) of this section, the
owner or operator of the source shall maintain records of the
nature and amounts of emissions from such source and any other
information as may be deemed necessary by the Regional Admin-
istrator to determine whether such source is in compliance
with applicable emission limitations or other control measures
that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Report-
ing periods are January 1 - June 30 and July 1 - December 31.
(3) Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Administrator
shall be retained by the owner or operator for 2 years after
the date on which the pertinent report is submitted.
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(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limita-
tions and other control measures that are part of the appli-
cable plan and will be available at the appropriate regional
office and at other locations in the state designated by the
Regional Administrator.
(39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329,
Nov. 28, 1975)
52.1158 - 52.1159 (Reserved)
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[13.0) 52.1160 Monitoring reports
(a) All definitions are as used in 40 CFR 51.19.
(b) This regulation is applicable in the Boston Intrastate Region.
(c) The Commonwealth shall develop and implement a program to estimate
the emission reductions occurring as a result of the inspection and
maintenance program required under 52.1143, and as a result of the
measures for reduction in single-passenger commuter vehicle use
required by 52.1161 and the measures required by 52.1163 and 51.1164.
The Comrronwealth shall perform such actual monitoring of emissions
from vehicles, traffic counts, and air quality monitoring as shall
be necessary for accuracy in making such estimates.
(d)-(h) (Reserved)
(i) The Commonwealth shall review its existing air quality monitoring
program and modify it as necessary so as to provide an adequate
basis for the annual review by the Administrator required under para-
graph (n) of this section. At a minimum the Commonwealth shall re-
view the number and placement of monitoring stations, the types of
pollutants and meteorological parameters measured, and shall devise
a comprehensive quality assurance program for all phases of the
monitoring program.
(j) The Commonwealth shall review its existing traffic monitoring pro-
gram and modify it as necessary so as to provide reliable information
about vehicle miles traveled and traffic patterns in all critical
areas, and shifts in traffic patterns and vehicle miles traveled so
as to better correlate traffic data with air quality measurements.
Vehicle miles traveled information shall be based on representative
traffic counts taken within the Region.
(k) No later than October 1, 1975 the Governor shall submit a report to
the Regional Administrator containing detailed information demon-
strating compliance with paragraphs (c), (i), and (j) of this sec-
tion. The information contained in this report shall include as a
minimum:
(1) The administrative process to be used and the agency or agen-
cies responsible for conducting, overseeing and maintaining
the monitoring programs in paragraphs (c), (i), and (j) of
this section;
(2) A description of the revised ambient air monitoring network,
equipment operating and data reporting procedures, and quality
assurance programs to be used to insure the routine collection
of valid, reliable and representative air quality data;
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(3) A description of the revised traffic monitoring program; and
(4) All other information necessary to describe the methods to be
used to collect the required data.
(1) The Governor shall submit a report to the Regional Administrator an-
nually, beginning on February 15, 1976, and containing the results
of the monitoring program approved in paragraph (k) of this section.
This report shall include at a minimum appropriate air quality and
meteorological data, average vehicle miles traveled data, an appro-
priate analysis of the data base, and summary information on reduc-
tions in the use of single-passenger commuter vehicles reported to
the Secretary of Transportation under 52.1161. This report shall be
submitted in a form acceptable to the Regional Administrator. In
addition, all air quality data will be submitted quarterly to the Ad-
ministrator by the Commonwealth as required by 40 CFR 51.7.
(m) Monitoring, quality assurance programs, reporting and other proce-
dures and methodologies required by this section shall be subject to
the approval of the Regional Administrator.
(n) Upon receipt of the annual report required by paragraph (1) of this
section the Regional Administrator shall analyze it and determine
whether the emission reduction is in substantial conformity with the
projections which formed the technical basis for the promulgation of
transportation controls for the Boston Intrastate Region. If the
Regional Administrator determines that the emission reductions are
substantially less than or are substantially in excess of those re-
quired to meet air quality standards, the Administrator shall, after
adequate public notice and public hearing, amend the regulations in
such transportation control plan so as to avoid implementing a plan
which is either substantially more or substantially less rigorous
than that required to meet ambient air quality standards.
(o) On or before February 15, 1976, and on each succeeding February 15,
thereafter the Governor shall submit to the Regional Administrator
a report listing each project for expanding or improving mass transit
facilities which is then under construction or is being proposed to
be constructed within the Boston Intrastate Region.
(40 FR 25166, June 12, 1975)
(12.0) 52.1161 Incentives for reduction in single-passenger commuter vehicle use
(a) Definitions:
(1) "Employer" means any person or entity which employs 50 or more
employees at any time during a calendar year at an employment
facility located in the Boston Intrastate Region.
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(2) "Educational institution" means any person or entity which has
250 or more employees and students at any time during the aca-
demic year at an educational facility offering secondary level
or higher training including vocational training located in
the Boston Intrastate Region.
(3) "Employee" means any person who performs work for an employer
thirty-five or more hours per week and for more than twenty
weeks per year for compensation and who travels to and from
work by any mode of travel.
(4) "Student" means any full-time day student who does not live at
the educational institution and who travels to and from classes
by any mode of travel.
(5) "Affected facility" means any employment facility at which 50
or more persons are employees or any educational facility at
which 250 or more persons are students and employees.
(6) "Commuter" means both an "employee" and a "student".
(7) "Single-passenger commuter vehicle" means a motor-driven vehicle
with four or more wheels with capacity for a driver plus one or
more passengers which is used by a commuter traveling alone to
work or classes and is not customarily required to be used in
the course of his employment or studies.
(8) "Base date" means the date set forth in paragraph (d) of this
section as of which the base number of single-passenger com-
muter vehicles at a particular employment facility or educa-
tional institution must be determined.
(9) "The Secretary" means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
(b) Commencing with the effective date of this section, each employer
and educational institution (except as provided below) shall dili-
gently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to
achieve a goal of reducing the number of single-passenger commuter
vehicles customarily commuting daily to each affected facility as
if its base date by 25 percent (or as adjusted pursuant to para-
graph (g) of this section):
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(1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to
the facility uses the mass transit facilities of such Authority
as part of his daily commuting trip, including making all ad-
ministrative 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 there-
of.
(2) Posting in a conspicuous place or places of the schedules, rates
and routes of every bus, subway or rail facility which serves
the facility;
(3) Publicizing any applicable on-street parking restrictions in-
cluding penalties for violations, which affect any areas ad-
jacent to the facility being used for parking by commuters to
the facility;
(4) Incentives for bicycle commuting such as secure locking facil-
ities and removal of restrictive rules against bicycle usage
at the facility;
(5) Negotiations with authorities in charge of rail or bus lines
serving the facility for improved service to the facility; and
(6) Making available to commuters any dial-a-ride programs which
serve the facility and provide mass transit service in response
to telephone calls, including making whatever administrative
arrangements for commuters to the facility to participate in
the program and encouraging commuters to use the program by
such means as publicizing the costs, routes and other features
of the program, including publicizing the availability of such
service.
(7) In the case of an affected employment facility with at least 250
commuters or an affected educational facility with at least
1,000 commuters, conducting a carpooling program (either alone
or in cooperation with neighboring facilities) which
(i) Matches on a regularly recurring basis (not less often
than once every six months) the names, addresses, and work
telephone numbers of all commuters who commute in single-
passenger commuter vehicles to a facility or group of
neighboring facilities so that such commuters with similar
daily travel patterns are informed and aware of each other
for the purpose of forming carpools, provided that com-
muters who state in writing that they do not wish to be
matched on grounds of personal privacy may be omitted from
the matching process;
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(ii) Continuously publicizes the advantages of carpooling,
both in terms of savings of fuel and money and any in-
centives in effect at the facility; and
(iii) Creates incentives for carpool information by providing
persons who carpool with first call on available parking
spaces or spaces which are closest to entrances to the
facility.
(8) In the case of an affected employment facility with 1,000 or
more employees, implementing a vanpool program which shall in-
clude the following elements:
(i) The employer shall post in a conspicuous place and regu-
larly notify all employees of a continuously outstanding
offer to acquire (by purchase, lease, or otherwise), in-
sure, and make available to any group of at least 8 em-
ployees 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:
(A) The procedures by which a group may accept the offer,
including the designation of a driver.
(B) The conditions upon which the offer is contingent,
including acceptance by the prospective driver of
the responsibility for providing regular service,
training back-up 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 depre-
ciation and interest on borrowed funds) of the opera-
tion and maintenance of the vehicle;
(ii) The employer shall analyze and continuously publicize the
advantage of vanpooling, including any resulting cost
savings, convenience, and any incentives in effect at the
facility. Such incentives shall include providing per-
sons who vanpool with first call on available parking
spaces or spaces which are closest to entrances to the
facility;
(iii) Matching for the vanpool program should be coordinated
with the carpool matching program, to facilitate the
formation of vanpools.
Upon reaching such 25 percent goal, such employer or ed-
ucational institution shall thereafter continue such pro-
gram in such a manner as to aim at maintaining the ratio
of single-passenger commuter vehicles to total commuters
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customarily arriving at its facility at or below the
ratio referred to in paragraph (c) (4) of this section.
If an employer or educational institution reaches and
thereafter maintains said goal by means of less than all
of such measures, it shall not be subject to a require-
ment to implement the remainder of such measures.
(c) On or within 10 days before the dates set forth in paragraph (d) of
this section, each employer and educational institution shall sub-
mit to the Secretary a report containing the following information:
(1) The number of commuters who take any means of transportation to
such facility as of its base date (and as of a date within 30
days of the date of such report);
(2) The number of single-passenger commuter vehicles customarily
used daily by commuters to the facility as of the base date
(and as of a date within 30 days of the date of such report);
(3) The total number of vehicles customarily used daily by com-
muters to the facility as of the base date (and as of a date
within 30 days of the date of such report);
(4) The percentage derived by dividing three-quarters of the num-
ber of daily commuters to the facility arriving in single-
passenger commuter vehicles as of the base date by the total
number of commuters customarily arriving daily at the facil-
ity as of the base date;
(5) The percentage which the current number of daily commuters in
single-passenger commuter vehicles is of all daily commuters
to the facility; and
(6) The number of van-type vehicles with 8 or more commuters cus-
tomarily arriving at the facility.
(d) The base date for all existing facilities shall be October 1, 1975,
except that, where an employer or educational institution can es-
tablish to the satisfaction of the Secretary that a facility had
commenced measures to reduce the number of single-passenger commuter
vehicles customarily arriving daily at an earlier date, the Secre-
tary may approve the use of such earlier date (but not earlier
than November 8, 1973) as the base date for such facility. The base
date for a facility established after the effective date of this
section shall be the date six months after that on which it com-
menced regular operations, and its base date report shall be due on
the next date at least six months later than is specified for any
report or updated report by an existing facility. Iri lieu of es-
tablishing the actual number of such vehicles on such earlier date,
an employer or educational institution may assume for the purposes
of this section that prior to such earlier date 20 percent of all
commuters to such facility who arrived by motor vehicle other than
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mass transit customarily arrived by means other than single-passen-
ger commuter vehicles. An employer or educational institution shall
determine whether or not it is subject to a reporting requirement
and the schedule to be used in filing reports by reference to the
number of commuters which it reasonably anticipates it will have com-
ing to its facility at the date the base date report is due. The
reports required under paragraph (c) of this section shall be filed
accordingly to the following schedule:
(1) For a facility with 250 or more commuters, a base date report
shall be due on October 15, 1975;
(2) For a facility with fewer than 250 commuters, a base date re-
port shall be due on June 30, 1976.
(e) Each affected employer and educational institution regardless of
size shall periodically update its base date report by means of a
report containing (1) updated information called for in paragraphs
(c) (1) - (6) of this section. (2) the net change in percentage
points between the percentage reported under paragraph (c) (4) of
this section as of the base date and that under paragraph (c) (5)
of this section as of the date of the current report, and, (3)
the net change in percentage points between the percentage reported
under paragraph (c) (5) of this section in its previous report and
that reported under paragraph (c) (5) of this section in its current
report. The first such periodic report shall be due on the next
succeeding December 31 or June 30 after the base date report, which-
ever is later; and each successive six months thereafter on June 30
or December 31 until June 30, 1978, and every year thereafter on
June 30.
(f) (1) Each educational institution or employer submitting reports re-
quired by this section shall cause such reports to be signed
as follows:
(i) 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 report;
(ii) In the case of a partnership, by a general partner;
(iii) In the case of a sole proprietorship, by the proprietor;
(iv) In the case of an unincorporated association, by the
president or chairman thereof;
(v) In the case of a municipal, State, or other public facil-
ity, by either a principal executive officer, ranking
elected official, or other duly authorized employee.
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(2) Each educational institution or employer submitting reports
required by this section shall retain for at least three
years all supporting documents and data upon which each such
report was based.
(3) Each report submitted pursuant to this section shall be accom-
panied by an adequate explanation of the methodology used to
gather, compile, 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.
(g) Where the total number of commuters to a particular facility is
changed due to fluctuation in employment or enrollment between the
base date and the date of any report under paragraph (e) of this
section, such fact shall be reported at the time of the submission
of such report. The goal of the employer or educational institu-
tion having such a change is to attain and maintain the ratio of
commuters customarily arriving at the facility daily in single-
passenger commuter vehicles to total commuters indicated by para-
graph (c) (4) of this section.
(h) If an employer or educational institution does not meet and there-
after at all times maintain the reduction specified under paragraph
(b) of this section, in connection with each report under para-
graph (e) of this section, it shall, upon written notification of
-the Secretary or the Regional Administrator, submit a complete
description of all measures which it has applied to achieve and
maintain such reduction. In addition, it shall submit a descrip--
tion of any*remedial actions which it intends to take to meet the
requirements of paragraph (b) of this section.
(i) The Secretary shall report to the Regional Administrator any person
who fails to comply with this section and shall, upon request by
the Regional Administrator, forward copies of all reports, corres-
pondence and other documents pertaining to such instance of non-
compliance together with a description of any enforcement action
taken by the Commonwealth in connection with the matter.
(j) If an employer or educational institution in good faith diligently
and expeditiously implements and thereafter continuously maintains
those measures set forth in paragraphs (b) (1) through (b) (8) of
this section as are applicable to it, it shall not be subject to
any enforcement action by the Secretary or Administrator even though
it may fail to achieve the 25 percent goal referred to in paragraph
(b) of this section.
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(k) Within 30 days after the receipt of the periodic reports required
under paragraph (e) the Secretary shall submit to the Regional Ad-
ministrator a summary of the information contained in such reports,
including (1) a list of the names and addresses of all employers
and educational institutions who have not as of the date of such re-
port submitted the required report, (2) a list of all employers
and educational institutions in the order of the percentage reduc-
tion achieved between the base date and the date of the required
report and (3) the total reduction between the respective base
dates and the date of the required reports in the number of single-
passenger automobiles customarily used to arrive at all facilities
for which reports were filed.
(40 FR 25166, June 12, 1975)
Note: With the exception of paragraphs (c) and (d), the provisions
of 52.1161 were suspended indefinitely at 40 FR 25161,
June 12, 1975.
(12.0) 52.1162 Regulation for bicycle use
(a) Definitions:
(1) "Bicycle" means a two-wheel non-motor-powered vehicle.
(2) "Bike path" means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
(3) "Bike lane" means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or
other appropriate markings. A "peak hour" bike lane means a
bike lane effective only during times of heaviest auto com-
muter traffic.
(4) "Bike route" means a route in which bicycles share road space
with motorized vehicles.
(5) "Bikeway" means bike paths, bike lanes and bike routes.
(6) "Bicycle parking facility" means any facility for the tempor-
ary storage of bicycles which allows the frame and both
wheels of the bicycle to be locked so as to minimize the risk
of theft and vandalism.
(7) "Parking facility" means a lot, garage, building, or portion
thereof in or of which motor vehicles are temporarily parked.
(8) "Parking space" means the area allocated by a parking facility
for the temporary storage of one automobile.
(9) "MBTA" means the Massachusetts Bay Transportation Authority.
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(b) Application. This section shall be applicable in the Boston Intra-
state Region.
(c) Study. The Commonwealth, according to the schedule set forth in para-
graph (d) of this section, shall conduct a comprehensive study of,
and in that study recommend, the establishment of permanent bikeways
and related facilities within the area described in paragraph (b) of
this section. The study shall consider or include at least the fol-
lowing elements:
(1) The physical design for bikeways, intersections involving bike-
ways, and means of bicycle link-ups with other modes of trans-
portation;
(2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or amel-
iorating those situations as well as means of providing inter-
section safety generally;
(3) The location of bicycle parking facilities, including bus stops;
(4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules
of the road for motorists. Also the feasibility of mandatory
adult bicycle registration to minimize theft and increase re-
covery of stolen bicycles;
(5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel and policemen, includ-
ing requiring bicycle safety principles and safe street riding
skills to be taught in high school automobile driver's edu-
cation programs;
(6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the
preparation, perhaps in conjunction with bicentennial efforts,
of a master Boston area transit map, indicating the kind, ex-
tent and location of bicycle facilities, public baths, showers,
toilet facilities, water fountains, as well as routes and
stops for MBTA, common carriers and private bus lines, such
map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration
renewal;
(7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to
provide bicycle parking facilities at their respective ter-
minals and stations and bicycle carrying facilities on their
respective vehicles;
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(8) The creation of roadway zones in which all vehicles, except
mass transit, emergency and service vehicles, and bicycles,
would be excluded;
(9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker
facilities for cyclists;
(10) A bicycle user and potential user survey, which shall at a
minimum determine:
(i) For present bicycle riders, the origin, destination,
frequency, travel time, distance and purpose of bicycle
trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of
transportation, including the numbers of employees who
would use a bicycle for a significant portion of their
commuting transportation were suitable facilities avail-
able to them. This section of the study shall seek to
ascertain the size of the working population that would
move from automobiles to mass transit and bicycles or
bicycles alone as a significant form of transportation.
It shall also seek to ascertain what bicycle facilities
or mix thereof would produce the greatest conversion
from auto use;
(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this sec-
tion of feeder bikeways to bridges, on-bridge bikeways, feeder
bikeways to MBTA and railroad stations, feeder bikeways to
fringe parking areas, and bicycle passage through rotaries and
squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as
to catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each
of the corridors set forth in paragraph (g) of this section.
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In conducting the study, opportunity shall be given for public com-
ments and suggestions. Input shall also be solicited from state,
regional and local planning staffs, state, regional and local ag-
encies, bicycle organizations and other interested groups and be
related to comprehensive transportation planning for the area
designated in paragraph (b) of this section. The study shall, us-
ing as a goal a minimum of 180 miles of bikeways, examine as large
a network of facilities as is practicable within the area described
in paragraph (b) of this section and shall recommend physical de-
signs for said facilities. The study shall also propose a com-
pliance schedule for establishing any recommended permanent bi-
cycle facilities.
(d) The Commonwealth of Massachusetts shall submit to the Regional Ad-
ministrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the
study required by paragraph (c) of this section. The compliance
schedule shall at a minimum include:
(1) Designation of the agency responsible for conducting the
study;
(2) A date for initiation of the study, which date shall be no
later than October 1, 1975; and
(3) A date for completion of the study, and submittal thereof to
the Administrator, which date shall be no later than June 30,
1976.
(e) On or before September 1, 1976, the Administrator shall publish in
the FEDERAL REGISTER his response to the study required by para-
graph (c) of this section, and shall, in that response, either
approve the facility location and designs and other requirements as
well as the proposed compliance schedule for permanent facilities
recommended in the study, or shall designate alternative and/or
additional facility locations and designs and other requirements as
well as modify the proposed compliance schedule for permanent facil-
ities. The Administrator may provide, if he deems it necessary,
for a public comment period prior to the effective date of his re-
sponse.
(f) Permanent Bicycle Facilities. At the conclusion of the study re-
quired by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the munici-
palities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as re-
quired by the Administrator's response to the study.
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(g) The potential bikeway corridors to be studied pursuant to paragraph
(c) (16) are as follows:
( 1) Central Square, Cambridge to Boston University;
( 2) Harvard Square, Cambridge to Union Square, Allston;
( 3) Union Square, Somerville to Central Square, Cambridge;
( 4) Union Square, Allston to Government Center;
( 5) Harvard Square, Cambridge to Government Center;
( 6) Brook!ine Village to Government Center;
( 7) Boston University to Longwood Avenue Hospital Zone;
( 8) Egleston Square to Government Center;
( 9) Columbus Park to Boston Common;
(10) L Street Beach to Government Center;
(11) Powder House Circle, Somerville to Harvard Square;
(12) Everett to Government Center;
(13) Porter Square, Cambridge to Columbus Park, Boston;
(14) Cleveland Circle to Government Center;
(15) Porter Square, Cambridge to Government Center;
(16) Harvard Square, Cambridge to Boston City Hospital; and
(17) Charlestown, Longfellow, Harvard, Boston University, River
Street, Western Avenue, Anderson, Summer Street, and Broadway
Bridges.
(h) The MBTA shall provide bicycle parking facilities at each major
MBTA station adequate to meet the needs of MBTA riders within the
area designated in paragraph (b) of this section. Said parking
facilities shall at a minimum be located at:
(1) All stations of the Riverside portion of the Green Line;
(2) Reasonably spaced stops on other portions of the Green Line;
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(3) All stations of the Red, Orange, and Blue Lines; and shall
have spaces for at least six bicycles per station, except
for facilities at terminal stations which shall have spaces
for at least 24 bicycles.
(i) The Commonwealth shall provide for advertisement of bike-
ways and bicycle parking facilities in use within the
area designated in paragraph (b) of this section to
potential users by means of media advertisement, the
distribution and posting of bikeway maps and bike safety
information, as well as for a program of bicycle safety
education including the motor vehicle operators license
examination and public service advertisement.
(40 FR 25168, June 12, 1975)
(12.0) 52.1163 Additional control measures for East Boston
(a) On or before December 31, 1975, the Governor, the Mayor of the City
of Boston, the Chairman of the Massachusetts Bay Transportation
Authority, the Chairman of the Massachusetts Turnpike Authority and
the Chairman of the Massachusetts Port Authority ("Massport") shall
each submit to the Regional Administrator a study or studies of
various alternative strategies to minimize the number of vehicle
trips to and from Logan International Airport ("Logan, Airport") and
to reduce the amount of carbon monoxide in the vicinity of the
Callahan and Sumner Tunnels to a level consistent with the national
primary ambient air quality standards. These studies may be com-
bined into one or more joint studies. These studies shall contain
recommendations for control measures to be implemented prior to
May 31, 1977. Measures to be studied shall include, but need not
be limited to, the following:
(1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
(2) Alterations in traffic patterns in the tunnel area;
(3) Use of exclusive lanes for buses, carpools, taxis and limou-
sines during peak travel hours;
(4) Reduction of parking spaces at Logan Airport and increased
parking charges at remaining spaces;
(5) Construction of satellite terminal facilities for Logan Air-
port;
(6) Use of alternate modes of transportation for trips to and
from Logan Airport, and establishment of facilities at Logan
Airport to accommodate such modes;
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(7) Improved transit service between the Blue Line subway stop
and airline terminals at Logan Airport; and
(S) Any other measures which would be likely to contribute to
achieving the required reductions.
(b) Massport shall monitor the number of vehicles entering and leaving
Logan Airport so as to provide the Secretary of Transportation for
the Commonwealth (the "Secretary") with reports on a semi-annual
basis, beginning on January 30, 1976, showing total vehicle trips
per day for the six-month period ending on the previous December 31
or June 30, presented and tabulated in a manner prescribed by the
Secretary.
(c) Massport shall, on or before June 30, 1976, prepare and submit to
the Secretary draft legislation which, if enacted into law, would
alleviate local licensing problems of bus and limousine companies
in order to facilitate increased and improved bus and limousine
service for travelers using Logan Airport.
(d) Massport shall negotiate with the Massachusetts Bay Transportation
Authority to increase the convenience of the mass transit services
currently available to travelers to Logan Airport.
(e) Massport shall, on or before June 30, 1976, establish and maintain
a program (which shall include the enclosure of this information
in tickets or folders mailed by airlines using Logan Airport) to
publicize the advantages in costs and convenience of the use of mass
transit or other available transportation services by travelers us-
ing the airport, and making known to such persons the schedules,
routes, connections, and other information necessary for them to
conveniently use mass transit and such other services.
(f) Massport shall, on or before October 15, 1975, establish a carpool
program at Logan Airport, which shall include the elements specified
in (A) - (C) of paragraph (b) (7) of 52.1161. For the purpose of
applying the requirements of 52.1161 to the present paragraph:
(1) The definitions in 52.1161 shall apply;
(2) Each employer with any employment facility at Logan Airport
shall cooperate with Massport in the development and imple-
mentation of the program;
(3) Any such employer (including Massport) may fulfill its obli-
gations under paragraph (b) (7) of 52.1161 by fully cooperat-
ing with and participating in the Logan Airport carpool pro-
gram (including bearing its proportional share of the pro-
gram's cost); and
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(g) Massport shall, on or before October 15, 1975, implement a program
of systematic dissemination to employers and employees at Logan
Airport of information regarding the Massachusetts Bay Transportation
Authority pass program, bus and train schedules and rate's, park-
and-ride facilities, and other transportation programs and services
available to employees at Logan Airport.
(h) Massport shall, on or before January 1, 1976, implement and main-
tain a program to allow all employees at Logan Airport, regardless
of the size of the particular employment facility at which they
work, to participate in any available pass program made available
by the Massachusetts Bay Transportation Authority, including the
use of Massport as a central clearinghouse for the purpose of aggre-
gating employees and for fiscal management of such pass program.
(40 FR 25169, June 12, 1975)
(12.0) 52.1164 Localized high concentrations - carbon monoxide
(a) Not later than October 1, 1975, the Commonwealth shall have devel-
oped and have begun to implement a program to identify urban and
suburban core areas and roadway/intersection complexes within the
Boston Intrastate Region which violate the national ambient air
quality standards for carbon monoxide. Once such localized areas
have been identified, the Commonwealth, in cooperation with the
affected local municipalities, shall develop and implement appro-
priate control strategies to insure that such air quality standards
will be achieved at such areas. Plans shall be developed to in-
clude provisions for the entire municipality in order to insure
that the implemented strategies will not create carbon monoxide
violations elsewhere in the vicinity after the measures have been
applied.
(b) To accomplish the requirements of paragraph (a) of this section, the
Commonwealth shall do the following:
(1) Identify areas of potentially high carbon monoxide concen-
trations by reviewing all available traffic data, physical
site data and air quality and meteorological data for all
major intersections and roadway complexes within the Region.
The Regional Administrator will provide general guidance on
area designations to assist in the initial identification
process.
(2) Areas identified under paragraph (b) (1) of this section shall
be studied in further detail, including meteorological model-
ing, traffic flow monitoring, air quality monitoring and other
measures necessary to accurately quantify the extent and
actual levels of carbon monoxide in the area. A report con-
taining the results of these analyses and identifying such
areas shall be submitted to the Regional Administrator no
later than March 1, 1976.
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(3) If, after the completion of actions required by paragraph (b)
(2) of this section, an area shows or is predicted to have
violations of the carbon monoxide standard, the Commonwealth,
in cooperation with the affected municipality, shall submit
a plan to the Regional Administrator containing measures to
regulate traffic and parking so as to reduce carbon monoxide
emissions to achieve air quality standards in the area. Such
plan shall include: the name of the agency responsible for
implementing the plan, all technical data and analyses sup-
porting the conclusions of the plan, all control strategies
adopted as part of the plan, and other such information re-
lating to the proposed program as may be required by the Re-
gional Administrator. The Regional Administrator shall pro-
vide general guidance on applicable control strategies and
reporting formats to assist in plan development and submittal.
Such a plan shall be submitted for each municipality which
contains one or more identified areas no later than October 1,
1975 for Waltham and October 1, 1976, for other areas.
(4) All measures called for in the plan submitted under paragraph
(b) (3) of this section shall be subject to the approval of
the Regional Administrator and shall be implemented by May 31,
1977.
(c) The Commonwealth shall annually review the effectiveness of the con-
trol strategies developed pursuant to this section and modify them
as necessary to insure that such carbon monoxide standards will be
attained and maintained. The results of this review and any changes
in the measures which the Commonwealth recommends as a result thereof
shall be reported to the Regional Administrator annually as required
under 52.1160.
(d) Prior to submitting any plan to the Regional Administrator under para-
graph (b) (3), the Commonwealth shall give prominent public notice
to the general recommendations of such plan, shall make such plan
available to the public for at least 30 days and permit any affected
public agency or member of the public to comment in writing on such
plan. The Commonwealth shall give the Regional Administrator timely
notice of any public hearing to be held on such plan and shall make
all comments received available to the Regional Administrator for in-
spection and copying.
(40 FR 25170, June 12, 1975)
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(17.0) 52.1165 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into, a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oil ate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited td concentrations" of "pa'rti art ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States hava
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian- Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or parti oil ate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(ii1) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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