Updates to MassDEP’s Air Pollution Control Regulations
March 13, 2018
On March 9, 2018, the Massachusetts Department of Environmental
Protection (MassDEP) released its Final Amendments to
310 CMR 7.00 Air Pollution Control. The recent update to the
regulation includes air pollution control clarifications and amendments
to the operating limits for emergency engines.
In September 2016, Epsilon commented on MassDEP’s proposed
regulations to include language that would help our clients with
emergency generators. These comments were supported by AIM,
NAIOP and several health care facilities and associations. The recent updates include a revision to the operating limits for emergency engines that allows each engine to be operated under the following conditions:
The previous 300-hour annual limit has been removed, so that emergency engines can operate for an unlimited time during an emergency. Emergencies are defined as periods of electric power outage due to failure of the electrical supply, in whole or in part; onsite disaster; local equipment failure; flood, fire or natural disaster; or when the imminent threat of a power outage is likely due to failure of the electrical supply.
Allows up to 100 hours per calendar year, or as otherwise approved by EPA, for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine.
As part of the 100 hours, for up to 50 hours per calendar year for non-emergency situations.
Other amendments to the MassDEP Air Pollution Control regulations were made in the areas of Air Plan Approvals (including a new 30-day Public Comment period for Non-Major Approvals), Operating Permits, Source Registrations (new reporting deadlines), Solvent Metal Degreasing, VOC RACT, NOx RACT, NOx Ozone Season Budget Program, and Air Plan Approval Appeals. An overview fact sheet of these can be found at: https://www.mass.gov/files/documents/2018/03/09/fs-overview18.pdf.
For more information on amendments to this regulation, please visit MassDEP's website. Epsilon Associates is available to assist with any of your air permitting needs. Contact: Dale Raczynski at 978-461-6222.
 Note: Emergency engines may not conduct non-emergency demand response (i.e., supplying power as part of a financial arrangement with another entity). This has been prohibited under U.S. EPA engine regulations and is prohibited under MassDEP’s 2018 regulations. In some cases it may be feasible to seek an Air Plan Approval for DR with existing or new engines. Discuss with a consultant and/or MassDEP.