310 CMR 7.00 Statutory Authority; Legend; Preamble; Definitions

LibraryCode of Massachusetts Regulations
Edition2020
CurrencyCurrent through Register Vol. 1433, December 25, 2020
Citation310 CMR 7.00
Year2020

(1) The following definitions in 310 CMR 7.00:

    (a) COMBUSTION EFFICIENCY (C.E.).
    (b) FUEL including the definition of HAZARDOUS WASTE FUEL and USED OIL FUEL.
    (c) GENERATOR.
    (d) HAZARDOUS WASTE.
    (e) HAZARDOUS WASTE INCINERATOR.
    (f) PRINCIPAL ORGANIC HAZARDOUS CONSTITUENT (POHC).
    (g) PRODUCTS OF INCOMPLETE COMBUSTION (PICs).
    (h) RECYCLABLE MATERIAL.
    (i) REGULATED RECYCLABLE MATERIAL.
    (j) SPACE HEATER including the definition of USED OIL FUEL FIRED SPACE HEATER.
    (k) TOTAL HALOGENS.
    (l) UNUSED WASTE OIL.
    (m) USED OIL FUEL.
    (n) USED WASTE OIL.
    (o) WASTE.

(2) 310 CMR 7.04(9).

(3) 310 CMR 7.05(7), (8), and (9) and 310 CMR 7.05(8): Table 3.

(4) 310 CMR 7.08(4).

    LEGEND
    The following symbols will indicate, in the attached 310 CMR 7.00: Air Pollution Control, which Air Pollution Control Districts they apply to:
    U = Universal, all districts
    B = Berkshire
    CM = Central Massachusetts
    MV = Merrimack Valley
    MB = Metropolitan Boston
    PV = Pioneer Valley
    SM = Southeastern Massachusetts

(5)

    DEFINITIONS
    When used in 310 CMR 7.00 or in communications, notices or orders relative thereto, the following words and phrases shall have the meanings ascribed to them below:
    12-MONTH PERIOD, 12-MONTH ROLLING PERIOD, ROLLING 12-MONTH PERIOD, CONSECUTIVE 12-MONTH TIME PERIOD OR CONSECUTIVE 12-MONTH PERIOD means a consecutive rolling 12-month period over which emissions are calculated for the purpose described by the regulatory section in which this phrase appears. A rolling 12-month period is calculated monthly starting with the month just ended and counting back 12 months (e.g., December through the previous January, January through the previous February, February through the previous March etc.)
    ABOVEGROUND STORAGE TANK or AST, as used in 310 CMR 7.24(3) and (6), means a motor vehicle fuel storage tank that is intended for fixed installations without backfill, that is located above or below grade.
    ACT means the Federal Clean Air Act 42 U.S.C. 7401et seq.
    ACTUAL CONSTRUCTION means in general, initiation of physical on-site construction activities of any facility subject to the requirements of 310 CMR 7.00, which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent structures.
    ACTUAL EMISSIONS means the rate that an emission unit or facility discharges air contaminants into the ambient air. This can be calculated on a daily, weekly, monthly, ozone season, 12-month rolling, calendar year basis or other time period as determined by the requirements of the applicable regulation(s). Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period including the efficiency of pollution control equipment, if present.
    ADD-ON PART as used in 310 CMR 7.40, means any aftermarket part which is not a modified part or a replacement part.
    ADHESION PRIMER means a coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating. An adhesion primer is clearly identified as an adhesion primer or adhesion promoter on its accompanying safety data sheet.
    ADHESION PROMOTER means a coating designed to facilitate the bonding of a primer or topcoat on surfaces such as trim moldings, door locks, and door sills, where sanding is impracticable, and on plastic parts and the edges of sanded areas.
    ADMINISTRATOR means the administrator of the U.S. Environmental Protection Agency or his or her designee.
    AEROSOL means a system of solid or liquid particles dispersed in a gas.
    AEROSPACE MANUFACTURING AND REWORK OPERATIONS means manufacturing, rework, repair or specialized service (such as chemical milling, rather than actual component production or assembly), of an aerospace vehicle or component including, but not limited to, any fabricated part, processed part, assembly of parts, or completed unit of any aircraft including, but not limited to, airplanes, helicopters, missiles, rockets, and space vehicles. In general, aerospace manufacturing and rework facilities are covered by the SIC codes 3720, 3721, 3724, 3728, 3760, 3761, 3764, 3769, 4512, 4581 and 9711. However, facilities classified under other SIC codes may also perform operations that meet the definition of aerospace manufacturing and rework operations.
    AFFECTED FACILITY for the purposes of 310 CMR 7.16, means any employment facility at which 250 or more employees are commuters, or any educational facility at which 1000 or more persons are commuters.
    AFTERMARKET PART as used in 310 CMR 7.40, means any part of a motor vehicle emission control system sold for installation on a vehicle after the original retail sale of the vehicle.
    AGRICULTURE for the purpose of 310 CMR 7.07, means those practices involved with the cultivation of soil for purposes of crop production and/or the raising of livestock when such crops are produced primarily for commercial foodstuffs and such livestock are raised primarily for commercial foodstuffs or work purposes.
    AIR means atmosphere.
    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.
    AIR CONTAMINATION SOURCE means any place at or from which any air contaminant is emitted to the ambient air space.
    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. AIR-ASSISTED AIRLESS SPRAY means an airless spray with a compressed air jet at the nozzle opening to atomize a coating. AIR-DRIED COATING for purposes of 310 CMR 7.18(11)(d)2.a. and b., means a coating that is cured at a temperature below 90 E C (194 E F). AIR-DRIED COATING for purposes of 310 CMR 7.18(21), means a coating that is dried by the use of air or forced warm air at temperatures below 90 E C (194 E F).
    AIRLESS SPRAY means a spray coating method in which the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening.
    ALCOHOL SUBSTITUTE means non-alcohol fountain solution additives including, but not limited to, glycol ethers or ethylene glycol.
    ALTER OR ALTERATION means any physical change or change in the method of operation (including modification or reconfiguration of an emissions unit, change in the raw material used or change in the operating rate) which would result in an increase in potential emissions or an increase in ambient air impacts (i.e., reduced stack height).
    ALTERNATIVE FUEL means any fuel designated as such on an annual list issued by the Department, including methanol, denatured ethanol, and other alcohols; mixtures containing 85% or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquified petroleum gas; hydrogen, coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel that the Department determines is substantially not petroleum.
    ALTERNATIVE FUEL VEHICLE means a motor vehicle as defined in M.G.L. c. 90, § 1, which the Department determines to:
    (a) operate exclusively on an alternative fuel; and
    (b) meets applicable state and federal safety and emission standards.
    AMBIENT AIR SPACE means the unconfined space occupied by the atmosphere above the geographical area of the District which includes the air outside a facility or structure.
    ANNUAL CAPACITY FACTOR means the ratio between the actual heat input to the emission unit during the calendar year and the potential heat input to the emission unit had it been operated for 8,760 hours during a calendar year at the rated capacity; rated capacity for combustion turbines shall be at ISO (the International Organization for Standardization) conditions (i.e., 59 E Fahrenheit...

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