U Noise. This standard is not applicable to conveyors and dry material storage associated

with Standard Industrial Classification Code Major Group 1400 (Mining), Major Group 2900 (Petroleum and Coal products) and Major Group 3200 (Stone, Clay and Glass Products). (23) Temporary Boilers. Construction or installation of a temporary boiler at a facility where a boiler is no longer available for use. A boiler is considered unavailable for use if it has been shut down for repair or inspection or is no longer available or operating due to circumstances beyond the control of the person who owns or operates the facility. Temporary boilers must meet the following conditions: (a) Have a maximum heat input capacity less than or equal to the boiler it is replacing; (b) Be installed for a period not to exceed 120 days; (c) Use the same or lower sulfur content fuel as the boiler it is replacing; and (d) Comply with all other applicable requirements for the boiler that it replaced. The Department may grant an extension to operate the temporary boiler beyond 120 days. Such an extension shall be considered upon receiving a written request for an extension. Approval of an extension will be issued in writing. (24) Welding. Construction, substantial reconstruction, alteration or operation of welding equipment provided that: (a) The facility uses ten tons or less of welding rod per year; and (b) Each welding station is equipped with a ventilation system designed to vent fumes and particulate to a particulate collection device having a control efficiency of 90% or greater. (25) Biotechnology Surface Disinfection Processes. (a) Construction, substantial reconstruction, or alteration of any surface disinfection process used in making any of the following medical device, drug, or biologic products: 1. a product derived in whole or in part from biotechnology, and 2. one of the following applications or notices has been filed with U.S. Food and Drug Administration (FDA) for such product: an Investigational New Drug Application, an Investigational Device Exemption Notice, a New Drug Application, a premarket approval application, or a premarket notification pursuant to section 510(k) of the federal Food, Drug and Cosmetic Act (510(k)) (including an FDA-approved exemption from the 510(k) premarket notification requirement). (b) Surface disinfection processes shall comply with the following criteria: 1. The total facility-wide actual emissions, including new or modified surface disinfection processes, shall comply with the requirements in either 310 CMR 7.03(25)(b)1.a. or b. a. 15 tons of volatile organic compounds (VOC) per 12-month rolling period. This VOC emission limitation includes all process operations at the facility. In addition, facility-wide actual emissions of VOC shall not exceed 2.5 tons per calendar month. The owner/operator is subject to the reporting requirements of 310 CMR 7.12. b. Less than ten tons of materials containing organic material (includes VOC) per 12-month rolling period. This organic material emission limitation includes all process operations at the facility. The owner/operator is not subject to the reporting requirements of 310 CMR 7.12 unless otherwise required. 2. The total facility-wide actual emissions, shall not exceed nine tons of any single Hazardous Air Pollutants (HAP as defined at 40 CFR Part 63) per 12-month rolling period, and shall not exceed 15 tons of any combination of (total) HAP per 12-month rolling period. In addition, facility-wide actual emissions of any individual HAP shall not exceed two tons per calendar month, and any combination of (total) HAP shall not exceed three tons per calendar month. 3. Processes that emit or will emit VOCs or HAPs in exceedance of limitations for VOCs and HAPs established in 310 CMR 7.02(25)(b)1. or 2., are subject to 310 CMR 7.02(5), and a person shall obtain written Department plan approval prior to commencement of construction, installation and operation of said processes. 4. Combustion processes that support processes subject to 310 CMR 7.03(25) are subject to regulatory standards found at 310 CMR 7.02, 310 CMR 7.03, or 310 CMR 7.26. 5. Cleaning, sterilization, disinfection, and other operations: a. Cleaning, sterilization, disinfection, and other solutions which contain VOC shall be kept in tightly closed containers when not in active use and during transport and storage, and b. The spent cleaning cloths and/or wipes used in conjunction with the cleaning and sterilization solutions shall be placed, after use, in tightly closed containers and collected for proper recycling or disposal. 6. Any person subject to this regulatory standard shall maintain records sufficient to demonstrate compliance with 310 CMR 7.03(25) for each calendar month. Records kept to demonstrate compliance with 310 CMR 7.03(25) shall be maintained on-site for five years and shall be made available to representatives of the Department upon request. For each process and operation, such records shall include, but not be limited to: a. Gallons of VOC used; b. Pounds of VOC used; c. Gallons of individual and total HAP used; and d. Pounds of individual and total HAP used. (26) Rock Crushing and Processing Operations - Existing Equipment Replacement. (a) Applicability on and after July 24, 2009. 310 CMR 7.03(26) shall apply to the replacement of equipment at a rock crushing and processing facility operating with a written plan approval from the Department under the provisions of 310 CMR 7.02. (b) Definitions. When used in 310 CMR 7.03(26) the following terms shall mean: 1. Conveying Systems means a device for transporting materials from one piece of equipment or location to another piece of equipment or location. 2. Crusher means a machine used to crush nonmetallic minerals into smaller pieces, and includes, but is not limited to, the following types: jaw, gyratory, cone, roll, rod mill, hammermill, and impactor. 3. Dust Suppression System means a water spray system designed to minimize fugitive emissions throughout the rock crushing and processing operation. 4. Rock Crushing and Processing Equipment means a combination of equipment that is used to crush and sort nonmetallic minerals including, but not limited to, crushers, screening operators, conveying systems, dust suppression systems, feeders, and wash systems. 5. Screening Operation means a device for separating material according to size by passing undersized material through one or more mesh surfaces (screens) in series, and retaining oversized material on the mesh surfaces. (c) Equipment Replacement. An owner or operator may replace rock crushing and processing equipment under the provisions of 310 CMR 7.03(26) provided that: 1. The rock crushing and processing equipment was previously approved by the Department in writing under the provisions of 310 CMR 7.02 and said approval is valid at the time of equipment replacement, and 2. Equipment replacement will not increase overall processing capacity or emissions (including noise) from the rock crushing and processing operation, and 3. The owner or operator complies with the provisions of 310 CMR 7.03(26) in its entirety, and 4. The rock crushing and processing operation shall be equipped with a dust suppression system that will limit opacity to less than 10% at all time, and 5. The rock crushing and processing operation will be operated in accordance with all applicable conditions and limitations contained in the Department’s plan approval for the original equipment. (d) Testing. Within seven days of recommencement of operation after completion of equipment replacement, visible emission observations shall be conducted for the rock crushing and processing operations in accordance with 40 CFR 60: Appendix A Method 9 to verify compliance with 310 CMR 7.03(26)(c)4. (e) Record Keeping. Records documenting any equipment replacement as provided in 310 CMR 7.03(26) and of visible emission observations as required by 310 CMR 7.03(26)(d) shall be maintained on-site in accordance with the provisions of 310 CMR 7.03(6). (f) Reporting. Replacement of equipment shall be reported to the Department in accordance with the provisions of 310 CMR 7.03(5). (g) Duty to Comply. Compliance with the provisions of 310 CMR 7.03(26) does not obviate the need to comply with 40 CFR 60 Subpart OOO if applicable.