29-003 (7) 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.11: continued
2. vehicles engaged in the delivery or acceptance of goods,wares,or merchandise for
which engine assisted power is necessary and substitute alternate means cannot be made
available,or
3. vehicles engaged in an operation for which the engine power is necessary for an
associated power need other than movement and substitute alternate power means cannot
be made available provided that such operation does not cause or contribute to a
condition of air pollution.
(c) 310 CMR 7.11(1)(b)is subject to the enforcement provisions specified in 310 CMR
7.52.
(2) Diesel Trains.
(a) No person owning or operating a diesel powered locomotive shall cause,suffer,allow,
or permit said locomotive to be operated in a manner such as to cause or contribute to a
condition of air pollution.
(b) No person shall cause,suffer,allow,or permit the unnecessary foreseeable idling of a
diesel locomotive for a continuous period of time longer than 30 minutes. 310 CMR 7.00
shall not apply to diesel locomotives being serviced provided that idling is essential to the
proper repair of said locomotive and that such idling does not cause or contribute to a
condition of air pollution.
(c) 310 CMR 7.11(2)(a)and 7.11(2)(b)are subject to the enforcement provisions specified
in 310 CMR 7.52.
(3) Aircraft. No person owning or operating an airport shall cause, suffer,allow,or permit
routine warmups,testing,or other operation of aircraft while on the ground,in such a manner
as to cause or contribute to a condition of air pollution, outside of the property lines of the
airport,that in the opinion of the Department are unreasonable and feasibly preventable.
(4) Marine Vessels. No person owning,operating,or having control of a seagoing vessel while
it is in the District shall cause,suffer,allow,or permit,aboard said vessel,tube blowing or soot
removal activities that cause or contribute to a condition of air pollution. 310 CMR 7.11 shall
apply only in the Merrimack Valley Air Pollution Control District, Metropolitan Boston Air
Pollution Control District,and the Southeastern Massachusetts Air Pollution Control District.
7.12: U Source Registration
(1) Applicability.
(a) Source Registration is required of any person owning,operating or controlling a facility
if said facility:
1. Is or contains a fuel utilization facility with an energy input capacity equal to or
greater than the following size thresholds:
Fuel Type Maximum Energy Input Capacity(Btu/hour)
Natural Gas 10,000,000
Distillate Oil 10,000,000
Residual Oil 10,000,000
Solid Fuel 3,000,000
Used Oil Fuel 3,000,000
Landfill Gas 3,000,000;
w
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.09: continued
(3) No person responsible for an area where construction or demolition has taken place shall
cause, suffer, allow, or permit particulate emissions therefrom to cause or contribute to a
condition of air pollution by failure to seed, pave,cover,wet, or otherwise treat said area to
prevent excessive emissions of particulate matter.
(4) No person shall cause,suffer,allow,or permit the handling,transportation,or storage of any
material in a manner that results or may result in emissions therefrom which cause or contribute
to a condition of air pollution.
(5) No persons responsible for any construction or demolition of a structure that contains friable
asbestos material shall fail to comply with 310 CMR 7.09(2) and 310 CMR 7.02. (National
Emission Standards for Hazardous Pollutants)
(6) No person shall cause,suffer,allow,or permit the operation of mechanized street sweeping
equipment that is not equipped with a suitable dust collection or dust suppression system which
is maintained in good operating condition and is operated continuously while the street sweeping
equipment is in use to prevent conditions of air pollution.
(7) 310 CMR 7.09(1)through 7.09(4)and 7.09(6)are subject to the enforcement provisions
specified in 310 CMR 7.52.
7.10: U Noise
(1) No person owning,leasing,or controlling a source of sound shall willfully,negligently,or
through failure to provide necessary equipment,service, or maintenance or to take necessary
precautions cause,suffer,allow,or permit unnecessary emissions from said source of sound that
may cause noise.
(2) 310 CMR 7.10(1) shall pertain to, but shall not be limited to, prolonged unattended
sounding of burglar alarms,construction and demolition equipment which characteristically emit
sound but which maybe fitted and accommodated with equipment such as enclosures to suppress
sound or may be operated in a manner so as to suppress sound, suppressible and preventable
industrial and commercial sources of sound,and other man-made sounds that cause noise.
(3) 310 CMR 7.10(1)shall not apply to sounds emitted during and associated with:
(a) parades, public gatherings, or sporting events, for which permits have been issued
provided that said parades,public gatherings,or sporting events in one city or town do not
cause noise in another city or town;
(b) emergency police,fire,and ambulance vehicles;
(c) police,fire,and civil and national defense activities;
(d) domestic equipment such as lawn mowers and power saws between the hours of 7:00
A.M.and 9:00 P.M.
(4) 310 CMR 7.10(1)is subject to the enforcement provisions specified in 310 CMR 7.52.
7.11: U Transportation Media
(1) Motor Vehicles.
(a) All motor vehicles registered in the Commonwealth shall comply with pertinent
regulations of the Registry of Motor Vehicles relative to exhaust and sound emissions.
(b) No person shall cause,suffer,allow,or permit the unnecessary operation of the engine
of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of
five minutes 310 CMR_ 17.11 shall not apply to-
1. vehicles being serviced, provided that operation of the engine is essential to the
proper repair thereof,or
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
310 CMR 7.00: AIR POLLUTION CONTROL
Section
7.00: Statutory Authority;Legend;Preamble;Definitions
7.01: General Regulations to Prevent Air Pollution
7.02: U Plan Approval and Emission Limitations List
7.03: U Plan Approval Application Exemption Construction Requirements
7.04: U Fossil Fuel Utilization Facilities
7.05: U Fuels All Districts
7.06: U Visible Emissions
7.07: U Open Burning
7.08: U Incinerators
7.09: U Dust,Odor,Construction and Demolition
7.10: U Noise
7.11: U Transportation Media
7.12: U Source Registration
7.13: U Stack Testing
7.14: U Monitoring Devices and Reports
7.15: U Asbestos
7.16: U Reduction of Single Occupant Commuter Vehicle Use
7.17: U Conversions to Coal
7.18: U Volatile and Halogenated Organic Compounds
7.19: U Reasonably Available Control Technology(RACT)for Sources of Oxides of Nitrogen(NO.)
7.21: Sulfur Dioxide Emissions Limitations
7.22: Sulfur Dioxide Emissions Reductions for the Purpose of Reducing Acid Rain
7.24: U Organic Material Storage and Distribution
7.25: U Best Available Controls for Consumer and Commercial Products
7.26: Industry Performance Standards
7.27: NOx Allowance Program
7.28: NOx Allowance Trading Program
7.29: Emissions Standards for Power Plants
7.30: MB Massport/Logan Airport Parking Freeze
7.31: MB City of Boston/East Boston Parking Freeze
7.32: Massachusetts Clean Air Interstate Rule(Mass CAIR)
7.33: MB City of Boston/South Boston Parking Freeze
7.36: U Transit System Improvements
7.37: MB High Occupancy Vehicle Lanes
7.38: Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control
District
7.40: U Low Emission Vehicle Program
7.45: The Massachusetts Green Fleet Progam
7.50: U Variances
7.51: U Hearings Relative to Orders and Approvals
7.52: U Enforcement Provisions
7.54: U Large Combustion Emission Units
7.60: U Severability
Appendix A: EMISSION OFFSETS AND NONATTAINMENT REVIEW
Appendix B: U EMISSIONS BANKING,TRADING,AND AVERAGING
Appendix C: OPERATING PERMIT PROGRAM
STATUTORY AUTHORITY
All provisions of 310 CMR 7.00 are adopted pursuant to the authority granted by M.G.L.
c. 111, §§ 142A through 1427. In addition, 310 CMR 7.08(2) is adopted pursuant to the
authority granted by M.G.L.c. 111,§ 150A and the following provisions of 310 CMR 7.00 are
adopted pursuant to the authority granted by M.G.L. c 21 C, §§4 and 6 and by M.G.L.c 21 E,
§ 6.
(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.
r a9�.3
BOARD OF HEALTH
MEMBERS OFFICE OF THE
iOSEMARIE KARP R.N.,MPH,CHAIR BOARD O HEALTH
XANTHI SC SCRIMGEAUR
JAY FLEITMAN,M.D. ,
Ernest J.Mathieu RFS.,M.S.,C.H.O. CITY OF NORTHAMPTON 212 MAIN STREET
Director of Public Health MASSACHUSETTS 01060 NORTHAMPTON,MA 01060
Richard Meczywor,R.S.,Sanitary Inspector
Patricia Abbott,R.N.,Public Health Nurse
(413)587-1214
FAX(413)587-1221
NOTICE OF VIOLATION AND CORRECTION ORDERS
November 21, 2007
Richard Duffy and Frank Willard,
157 Florence Road
Florence, MA 01062
Dear Mr. Richard Duffy and Mr. Frank Willard,
RE: Complaint that motor vehicles are idling for approximately 15-30 minutes at your place
of business at 157 Florence Road between the hours of 7:00a.m.to 9:00a.m.
On November 20, 2007, this office received an anonymous complaint by one of your
neighbors alleging that motor vehicles are idling for approximately 15-30 minutes at
your place of business between the hours of 7:00a.m.to 9:00a.m. Please be advised
that 310 CMR 7.11 of the Mass. Department of Environmental Protection and/or
M.G.L. Chapter 111, Sections 122- 127,Abatement of Nuisances, states that it is
unlawful to let a motor vehicle left idling for more than five (5) minutes. A copy of
this law is attached.
Please begin to make a good faith effort to comply with this law immediately. Please contact
me at the Board of Health Office, at 587-1213, as I would like to converse with you
regarding this complaint. Again, I look forward to your anticipated efforts and cooperation in
correcting this matter.
Sincerely,
Ernest J. Mathieu, RS, MS, CHO
Director of Public Health
cc: Anthony Patillo, Building Commissioner