Recordkeeping and Reporting.

3. DISTILLATE – Prior to July 1, 2009, a boiler subject to 310 CMR 7.26(30) may burn distillate fuel oil as the primary fuel of use when conditions for natural gas use, as specified in 310 CMR 7.26(33)(a)2., cannot reasonably be met. 4. On and after July 1, 2009, there is no restriction on the gallons of distillate fuel oil burned in a boiler subject to 310 CMR 7.26(30) through (37). The owner or operator of a boiler subject to 310 CMR 7.26(30) shall accept for delivery only natural gas or ultra- low sulfur distillate fuel oil. 5. On and after July 1, 2009, an owner or operator of a boiler subject to 310 CMR 7.26(30) shall accept for delivery only natural gas or ultra-low sulfur distillate fuel oil. (b) Emission Limitations. Each boiler shall comply with the following emission limitations in pounds per million Btu heat input for the fuel of use. POLLUTANT Fuel of Use Emission limitation (lbs. per million Btu) Nitrogen Oxides Natural Gas 0.0350 Distillate 0.150 Ultra-low Sulfur Distillate Fuel Oil Particulate Matter Natural Gas 0.010 Distillate and Ultra-low Sulfur Distillate 0.020 Fuel Oil Carbon Monoxide Natural Gas 0.080 Distillate and Ultra-low Sulfur Distillate 0.080 Fuel Oil Volatile Organic Compounds Natural Gas 0.030 Distillate and Ultra-low Sulfur Distillate 0.030 Fuel Oil (c) The sulfur dioxide emissions are limited by the sulfur content of the distillate fuel oil. The sulfur content of the distillate fuel oil is limited to 0.05% by weight and the sulfur content of the ULSD fuel oil is limited to 0.0015% by weight. (d) The carbon monoxide emission limitation specified in 310 CMR 7.26(33)(b) does not apply to high turndown boilers while operating at less than 25% of the maximum input rating. (e) Visible Emissions (excluding water vapor) may not exceed 10% opacity at any time during boiler operation. (34) Operational Requirements. (a) The boiler and appurtenances shall be operated in accordance with the manufacturer’s standard operating and maintenance procedures. (b) A boiler tune-up shall be performed annually. A boiler tune-up shall include an inspection for proper operation, any other maintenance recommended by the manufacturer, and an efficiency test. An efficiency test shall include at least a smoke spot reading, flue gas temperature measurement and a measure of carbon dioxide, oxygen, and carbon monoxide. A written record of the efficiency test and any maintenance performed shall be kept on-site in accordance with the record keeping provisions contained 310 CMR 7.26(36). (c) Fuel additives shall only be used in accordance with the manufacturer's instructions. (35) Stack Requirements. (a) Minimum stack height shall be 1.5 times the height of the building on which the stack is located. If the stack height is: 1. lower than 1.5 times the building height; or 2. lower than the height of an adjacent structure, an EPA Guideline air quality model shall be run to document that the operation of the applicable boiler(s) will not cause National Ambient Air Quality Standards exceedances. The air quality model documentation must be retained on-site for as long as the boiler(s) are operational. (b) Stacks shall not be equipped with rain protection of a type that restricts the vertical exhaust flow of the combustion gases as they are emitted to the ambient air. "Shanty caps", "egg beaters" and the like are prohibited. (c) The stack shall be configured to discharge the combustion gases vertically upwards. (36) Recordkeeping and Reporting. (a) A recordkeeping system shall be established and implemented onsite and shall provide sufficient detail to document compliance. (b) Recordkeeping shall include the following: 1. dates of boiler installation and first operation; 2. a monthly record of fuel type, fuel additives, fuel usage in gallons or cubic feet, and sulfur content, as certified by the fuel supplier; 3. a written record of all tune-ups, including inspections, maintenance, and results of the efficiency tests, and; 4. all purchase orders and invoices related to boiler combustion or emission rate. (c) Documentation shall be maintained onsite that the boiler and its appurtenances, as designed and installed, will comply with the emission limitations when operated in accordance with the manufacturer’s instructions. This documentation, including the manufacturer’s operating instructions, shall be retained for as long as the boiler operates. (d) All records shall be maintained up-to-date such that year-to-date information is readily available for Department examination. Records shall be kept for at least three calendar years. (e) The person who is the owner or operator of an applicable boiler is subject to the reporting requirements of 310 CMR 7.12: U Source Registration. (37) Prohibitions. (a) Concealing of emissions is prohibited. (b) Removal of air pollution control or monitoring equipment is prohibited. (c) Natural draft rotary cup burners are prohibited. (40) Engines and Combustion Turbines. (a) Engines and Turbines. For engines and turbines installed on and after March 23, 2006, the owner/operator of: 1. An emergency engine or turbine shall comply with the requirements of 310 CMR 7.26(42). 2. Any other engine or turbine shall comply with the requirements of 310 CMR 7.26(43) or 7.02(5), except that an engine or turbine in a CHP operation may comply with 310 CMR 7.26(45) if it meets the requirements of 310 CMR 7.26(45). (b) Exceptions. 310 CMR 7.26(40) through (45) shall not apply to: 1. An engine that is operated as a nonroad engine as defined under 40 CFR 1068.30. 2. Any construction or major modification that would be subject to Prevention of Significant Deterioration (PSD) review, or Emission offsets and Non-attainment Review at 310 CMR 7.00: Appendix A, with respect to the installation of the engine or turbine. (41) Definitions. Terms used in 310 CMR 7.26(40) through (45) are defined in 310 CMR 7.00 and 7.26(41). When a term is defined in both 310 CMR 7.00 and 7.26(41), the definition in 310 CMR 7.26(41) shall govern. Applicable Model Year means the model year that corresponds to the calendar year in which the engine is installed. Combined Heat and Power (CHP) means a system consisting of an engine or turbine in combination with a heat recovery system such as a boiler that sequentially produces both electric power and thermal energy for use. Design System Efficiency means the sum of the full load design thermal output and electric output divided by the heat input, all in consistent units of measurement. Emergency means an electric power outage due to failure of the electrical supply, in whole or in part, on-site disaster, local equipment failure, flood, fire, or natural disaster. Emergency shall also mean when the imminent threat of a power outage is likely due to failure of the electrical supply. Engine means spark ignition (SI) or compression ignition (CI) stationary reciprocating internal combustion engine. Install or Installation as used in 310 CMR 7.26(42) and (43), means to set an emission unit in position for use. Relocating a previously approved engine or turbine within the same facility or to a contiguous property owned and operated by the same owner is not an installation. Model Year means the calendar year in which the engine was originally produced, or the annual new model production period of the engine manufacturer if it is different than the calendar year. Model Year shall include January 1st of the calendar year for which the model year is named. Model Year shall not begin before January 2nd of the previous calendar year, and it shall end by December 31st of the named calendar year. For an engine that is converted to a stationary engine after being placed into service as a non-road or other non-stationary engine, Model Year means the calendar year or new model production period in which the engine was originally produced. Power-to-heat Ratio means the design electrical output divided by the design-recovered thermal output in consistent units of measurement. Rated Power Output means the maximum mechanical power output stated on the nameplate affixed to the engine or turbine by the manufacturer. Supplier means a person that manufactures, assembles, or otherwise supplies engines or turbines. Turbine means a stationary combustion turbine. (42) Emergency Engines and Emergency Turbines. (a) Applicability. 310 CMR 7.26(42) shall apply to any person who owns or operates an engine with a rated power output equal to or greater than 37 kW or a turbine with a rated power output less than one MW, that is installed on and after March 23, 2006, if said engine or turbine complies with 310 CMR 7.26(42). (b) Emission Limitations. The owner/operator of an engine or turbine subject to 310 CMR 7.26(42) shall comply with the emission limitations and documentation as follows: 1. Engines installed before March 9, 2018, shall comply with the applicable model year emission limitations set by EPA for nonroad compression ignition engines (40 CFR 89 as in effect October 23, 1998) at the time of the engine installation. 2. Engines installed on and after March 9, 2018 shall comply with the applicable model year emission limitations set by EPA in Standards of Performance for New Stationary Sources for emergency compression ignition reciprocating engines under 40 CFR 60 Subpart IIII. 3. The owner/operator of an engine subject to the requirements of 310 CMR 7.26(42)(b)1. and 2. shall obtain from the supplier a statement that a certificate of conformity has been obtained from the Administrator. a. For an engine installed on or before March 9, 2018 pursuant to 40 CFR 89.105 as in effect October 23, 1998, any engine certified under EPA nonroad standards is automatically certified to operate as an emergency engine pursuant to 310 CMR 7.26(42). b. For a spark ignition engine, a letter or other documentation from the supplier stating that the engine meets the applicable emission limitation shall satisfy the certificate of conformity requirement in 310 CMR 7.26(42)(b)3. 4. A turbine with a rated power output less than one MW shall comply with the emission limitations contained in 310 CMR 7.26(42): Table 1. Table 1. Emission Limitations – Emergency Turbines Rated Power Output Oxides of Nitrogen < 1 MW 0.60 pounds/MWh (c) Fuel Requirements. No person shall accept delivery for burning in any engine or turbine subject to 310 CMR 7.26(42) diesel or any other distillate fuel that does not meet the sulfur content limits for fuel in 310 CMR 7.05. (d) Operational Requirements. Any person who owns or operates an engine or turbine subject to 310 CMR 7.26(42) shall comply with the following requirements: 1. Operation and Maintenance. a. An engine or turbine shall operate only: 1. for 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; 2. as part of the 100 hours, for up to 50 hours per calendar year for non- emergency situations; and 3. during an emergency. b. Additional limitations and conditions may apply, including but not limited to 40 CFR Part 63, Subpart ZZZZ; 40 CFR Part 60, Subpart JJJJ; and 40 CFR Part 60, Subpart IIII. c. A non-turn-back hour counter shall be installed, operated and maintained in good working order on each unit. 2. Sound. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7.10. 3. Stack Height and Emission Dispersion. a. All engines or turbines shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)). i. Exhaust stacks shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that impedes the vertical exhaust flow of the emitted combustion gases. ii. Any emission impacts of exhaust stacks upon sensitive receptors including, but not limited to, people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation: (i) Avoiding locations that may be subject to downwash of the exhaust; and (ii) Installing a stack of sufficient height in locations that will prevent and minimize flue gas impacts upon sensitive receptors. b. An engine or turbine with a rated power output equal to or greater than 300 kW, shall have an exhaust stack with a minimum stack height of ten feet above the facility rooftop or the emergency engine or turbine enclosure, whichever is lower. c. An engine with a rated power output equal to or greater than one MW shall be equipped with a exhaust stack with a minimum stack height of 1.5 times the height of the building on which the stack is located. If the stack is lower than 1.5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), the owner/operator shall submit documentation that the operation of the engine or turbine will not cause an exceedance of any National Ambient Air Quality Standard. 5. Visible Emissions. Engines and turbines shall comply with all the requirements of 310 CMR 7.06(1)(a) and (b). (e) Emission Certification, Monitoring and Testing. 1. Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7.26(42) in its entirety in accordance with the provisions of 310 CMR 70.00: Environmental Results Program Certification. Certification shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the first three years of operation. A one-time certification shall be made to the Department within 60 days of commencement of operation. An annual certification is not required. 2. Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(42). 3. Testing. Any testing when required shall comply with the following: a. Tests to certify compliance with emission limitations shall be performed in accordance with EPA reference Methods, California Air Resources Board Methods approved by EPA, or equivalent methods as approved by the Department and EPA. b. Particulate matter from reciprocating engines using liquid fuel shall be determined using Method 8178 D2 of the International Organization for Standardization. c. The Department may require emission or other testing to assure compliance with the emission limitations or fuel requirements. (f) Recordkeeping and Reporting. The owner/operator shall maintain records described in 310 CMR 7.26(42)(f)1. through 4. Such records shall be maintained on site or for remote locations, at the closest facility where records can be maintained and shall be made available to the Department or its designee upon request. The owner/operator shall certify that records are accurate and true in accordance with 310 CMR 7.01(2)(a) through (c). 1. Information on equipment type, make and model, and rated power output; 2. A log of operations, including date, time and duration of operation and reason for each start per 310 CMR 7.26(42)(d)1., fuel type and supplier; 3. Purchase orders, invoices, and other documents to substantiate information in the log; and 4. Copies of all certificates and documents from the manufacturer related to certificates. (43) Engines and Turbines. (a) Applicability. 310 CMR 7.26(43) in its entirety shall apply to any person who owns or operates an engine with a rated power output equal to or greater than 50kW or a turbine with a rated power output less than or equal to ten MW that is installed on or after March 23, 2006, except:. 1. Engines and turbines subject to 310 CMR 7.26(42) are not subject to the requirements of 310 CMR 7.26(43). 2. The owner/operator of any engine or turbine subject to 310 CMR 7.26(43) may comply with the requirements of 310 CMR 7.02(5)(c) for such unit in lieu of complying with the requirements of 310 CMR 7.26(43). 3. The owner/operator of a turbine with a rated output of less than one MW burning fuel oil, or greater than ten MW burning any fuel, shall comply with the requirements of 310 CMR 7.02(5)(c) for such unit. 4. On and after January 17, 2009, any owner/operator who constructs, substantially reconstructs or alters an engine or turbine that is part of a combined heat and power system, may satisfy 310 CMR 7.26(43)(b) by complying with the requirements of 310 CMR 7.26(45). (b) Emission Limitations. An owner/operator of an engine or turbine subject to 310 CMR 7.26(43) shall comply with the emission limitations established in 310 CMR 7.26(43): Table 1, 2 and 3. Table 1 Emission Limitations – Engines Installation Date Oxides of Nitrogen Particulate Matter (Liquid Fuel Only) Carbon Monoxide On and after 3/23/06 0.6 lbs/MWh/megawatt- hour (MWh) # 1MW 0.7 lbs/MWh; > 1 MW 0.09 lbs/MWh 10 lbs/MWh On and after 1/1/08 0.3 lbs/MWh 0.07 lbs/MWh 2 lbs/MWh On and after 1/1/12 0.15 lbs/MWh 0.03 lbs/MWh 1 lb/MWh Table 2 Emission Limitations – Turbines Rated Power Output Oxides of Nitrogen Ammonia Carbon Monoxide Less than 1 MW 0.47 lbs/MWh Natural Gas N/A 0.47 lbs/MWh Natural Gas 1 to 10 MW 0.14 lbs/MWh Natural Gas 0.34 lbs/MWh Oil 2.0 ppm 15% O2 Dry Basis 0.09 lbs/MWh Natural Gas 0.18 lbs/MWh Oil Table 3 Emission Limitations – Engines and Turbines Installation Date Carbon Dioxide On and after 3/23/06 1900 lbs/MWh On and after 1/1/08 1900 lbs/MWh On and after 1/1/12 1650 lbs/MWh (c) Fuel Requirements. No person shall accept delivery for burning in any engine or turbine subject to 310 CMR 7.26(43) diesel or any other distallate fuel that does not meet the sulfur content limit for fuel pursuant to 310 CMR 7.05. (d) Operational Requirements. Any person who owns or operates an engine or turbine subject to 310 CMR 7.26(43) shall comply with the following operational requirements: 1. Operation and Maintenance. The engine or turbine shall be operated and maintained in accordance with the manufacturers recommended operating and maintenance procedures. 2. Sound. Engines, turbines and associated equipment shall be constructed, located, operated and maintained in a manner to comply with the requirements of 310 CMR 7.10. 3. Stack Height and Emission Dispersion. a. An engine or turbine shall utilize an exhaust stack that discharges so as to not cause a condition of air pollution (310 CMR 7.01(1)). The exhaust stack shall be configured to discharge the combustion gases vertically and shall not be equipped with any part or device that impedes the vertical exhaust flow of the emitted combustion gases. Any emission impacts of exhaust stacks upon sensitive receptors such as people, windows and doors that open, and building fresh air intakes shall be minimized by employing good air pollution control engineering practices. Such practices include without limitation: i. Avoiding locations that may be subject to downwash of the exhaust. ii. Installing s stack of sufficient height in a location that will prevent and minimize flue gas impacts upon sensitive receptors. b. Engines and turbines burning liquid fuel and with a rated power output of less than 300 kW shall be equipped with an exhaust stack with a minimum stack height of five feet above the rooftop or the engine or turbine enclosure, whichever is higher. c. Engines and turbines with a rated power output equal to or greater than 300kW, shall be equipped with an exhaust stack with a minimum stack height of ten feet above the rooftop or the engine or turbine enclosure, whichever is higher. d. Engines and turbines with a rated power output equal to or greater than one MW shall be equipped with an exhaust stack with a minimum stack height of 1.5 times the height of the building on which the stack is located. If the stack is lower than 1.5 times the building height or lower than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure), the owner/operator shall submit documentation that the engine or turbine will not cause an exceedance of any National Ambient Air Quality Standard. 4. Visible Emissions. Engines and turbines shall comply with all the requirements of 310 CMR 7.06(1)(a) and (b). (e) Emission Certification, Monitoring and Testing. 1. Certification. No person shall cause, suffer, allow, or permit the installation and subsequent operation of an engine or turbine unless said person has certified compliance with the requirements of 310 CMR 7.26(43) in its entirety in accordance with the provisions of 310 CMR 70.00: Environment Results Program Certification. Certification by such person shall include a statement from the supplier that the installed engine or turbine is capable of complying with the emission limitations for the lesser of 15,000 hours of operation or the first three years of operation. A one time certification shall be submitted to the Department 30 days prior to commencement of operation. An annual certification is not required. 2. Monitoring. The Department may require emission or other monitoring to assure compliance with the requirements of 310 CMR 7.26(43). 3. Testing. Any testing when required shall comply with the following: a. Tests to certify compliance with emission limitations must be performed in accordance with EPA reference Methods, California Air Resources Board Methods as approved by EPA, or equivalent methods as approved by the Department and EPA. b. Particulate matter, from liquid fuel reciprocating engines, shall be determined using Method 8178 D2 of the International Organization for Standardization. c. The Department may require emission or other testing to assure compliance with the emission limitations or fuel requirements. (f) Record Keeping and Reporting. The owner/operator shall maintain records described in 310 CMR 7.26(43)(f)1. through 3. Such records shall be made available to the Department or its designee upon request. The owner/operator shall certify that records are accurate and true in accordance with 310 CMR 7.01(2)(a) through (c). 1. Information on equipment type, make and model, and maximum rated power output; 2. Fuel type and supplier; and 3. Copies of certificates and documents from the manufacturer related to certificates. (44) Change in Operational Status. An owner/operator of an engine or turbine subject to the requirements of 310 CMR 7.26(42): Emergency Engines and Turbines may elect to operate as a non-emergency engine or turbine by complying with either of the two following methods. (a) Submit an application and receive approval under the requirements of 310 CMR 7.02(5); or (b) Certify to the Department that the engine or turbine meets all applicable requirements of 310 CMR 7.26(43). (45) Combined Heat and Power (CHP). The purpose of 310 CMR 7.26(45) is to encourage the installation of CHP systems. A methodology is set forth whereby emission credits are utilized in determining compliance of a CHP installation with the emission limitations contained in 310 CMR 7.26(43)(b). (a) Eligibility. CHP installations shall meet the following requirements to be eligible for emission credits related to thermal output: 1. The power-to-heat ratio shall be between 4.0 and 0.15. 2. The design system efficiency shall be at least 55%. 3. The CHP project shall comply with the requirements of 310 CMR 7.02(5)(c). 4. The engine shall have a rated power output equal to or greater than 50 kW or the turbine shall have a rated power output less than or equal to ten MW. (b) Emission Credits. A CHP system that meets the requirements in 310 CMR 7.26(45)(a) may receive a compliance credit against its actual emissions based on the emissions that would have been created by a conventional separate system used to generate the same thermal output. The credit will be subtracted from the actual CHP system emissions for the purpose of calculating compliance with the emission limitations contained in 310 CMR 7.26(43)(b). The credit will be calculated according to the following assumptions and procedures: 1. The emission rates for the displaced thermal system (e.g. boiler) shall be: a. For CHP installed in new facilities, the emissions limits applicable to new natural gas-fired boilers in 310 CMR 7.26(33) in lb/MMBtu. b. For CHP systems that replace existing thermal systems for which historic emission rates can be documented, the historic emission rates in lbs/MMBtu, but not more than: Emissions Maximum Rate Nitrogen oxides 0.3 lbs/MMBtu Carbon monoxide 0.08 lbs/MMBtu Carbon dioxide 117 lbs/MMbtu 2. The emission rate of the thermal system in lbs/MMBtu will be converted to an output-based rate by dividing by the thermal system efficiency. For new systems, the efficiency of the avoided thermal system will be assumed to be 80% for boilers or the design efficiency of other process heat systems. If the design efficiency of the other process heat system cannot be documented, an efficiency of 80% will be assumed. For retrofit systems, the historic efficiency of the displaced thermal system can be used if that efficiency can be documented and if the displaced thermal system is enforceably shut down and replaced by the CHP system, or if its operation is measurably and enforceably reduced by the operation of the CHP system. 3. The emissions per MMBtu of thermal energy output shall be converted to emissions per MWh of thermal energy by multiplying by 3.412 MMBtu/MWhthermal. 4. The emissions credits in lbs/MWhthermal, as calculated in 310 CMR 7.26(45)(b)3., shall be converted to emissions in lbs/MWhemissions by dividing by the CHP system power- to-heat ratio. 5. The credit, as calculated in 310 CMR 7.26(45)(b)4., shall be subtracted from the actual emission rate of the CHP system to produce the emission rate for compliance purposes. 6. The mathematical calculations set forth in 310 CMR 7.26(45)(b)1. through 4. are expressed in the following formula: 7. The amount of credit allowed for oxides of nitrogen shall be limited such that total emissions from the CHP system shall be no greater than the sum of emissions from two separate systems producing the amount of electrical and thermal output. (50) Outdoor Hydronic Heaters - Applicability. (a) 310 CMR 7.26(50) through (54) applies to any person who owns, operates, manufactures, supplies, distributes or sells, or any person who intends to distribute or sell, or market an outdoor hydronic heater for use in the Commonwealth of Massachusetts (Commonwealth) , except outdoor hydronic heaters rated with a heat input of one MMBtu/hr or greater that are subject to the Comprehensive Plan Application provisions at 310 CMR 7.02(5)(a)4. (b) In addition to 310 CMR 7.26(50) through (54), Outdoor hydronic heaters may also be required to comply with other regulations governing design, manufacture and installation of boilers, including, but not limited to: 1. 522 CMR 5.00, Heating Boilers; 2. 522 CMR 6.00, Low-pressure Heating Boilers; 3. 527 CMR 4.00, Oil Burning Equipment, for outdoor hydronic heaters that are dual- fuel units; and 4. 780 CMR 6007, Solid Fuel-burning Appliances of the State Building Code. (51) Definitions. The following words and phrases shall have the following meanings as they appear in 310 CMR 7.26(50) through (54). Where a term is defined in 310 CMR 7.00 and the definition also appears in 310 CMR 7.26(51) for purposes of 310 CMR 7.26(50) through (54) interpretation, the definition found in 310 CMR 7.26(51) shall govern. At Retail means the sale by a commercial proprietor of an outdoor hydronic heater. Clean Wood means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol. Commercial-size Outdoor Hydronic Heater means a heater with a rated thermal output greater than 350,000 Btu/hr and a heat input design capacity less than one MMBtu/hr as rated by the test method identified in 310 CMR 7.26(54)(c)2. Distribute or Sell means to distribute, sell, advertise for sale, offer for sale, lease, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver for use in the Commonwealth. EPA’s ETV Program means U.S. Environmental Protection Agency’s Environmental Technology Verification Program. Executive Summary means a report submitted to the Department that summarizes the results of testing compiled using tables 1, 2a and 2b, heating season and year-round weighted average, respectively, as incorporated in the EPA test method 28 for outdoor hydronic heaters for the applicable particulate matter standards. Existing Unit or Existing Outdoor Hydronic Heater means an outdoor hydronic heater that is contracted to be paid in full, or installed and/or operated at the intended location of use prior to December 26, 2008. Heater Efficiency means the ratio of the delivered useful heat output measured by the prescribed test method referenced in 310 CMR 7.26(54)(c)2. to the calculated heat input of the hydronic heater measured by the same test method. Heating Season means the period beginning October 1st and ending May 15th. Manufactured means built and operational, and subsequently ready for shipment (whether packaged or not). Manufacturer means any person who constructs or imports into the United States an outdoor hydronic heater for use in the Commonwealth. Model means all outdoor hydronic heaters offered for distribution or sale by a single manufacturer that are the same design and output capacity. Opacity means the degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background. Outdoor Hydronic Heater (OHH) or Heater means a fuel burning device: (a) designated to burn wood or other approved solid fuels; (b) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and (c) heats building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. Operator means any person who owns or operates an outdoor hydronic heater in the Commonwealth. Particulate Matter or PM means the total particulate matter measured in accordance with the test methods specified in 310 CMR 7.26(54)(c)2. Residential-size Outdoor Hydronic Heater means a heater with a rated thermal output of 350,000 Btu/hr or less as rated by the test method identified in 310 CMR 7.26(54)(c)2. Sale means the transfer of ownership or control. Seller means any person who distributes or sells an outdoor hydronic heater for use in the Commonwealth. Similar in All Material Respects means that the construction materials, exhaust and inlet air system, and other design features are within the allowed tolerances for components identified in 310 CMR 7.26(54)(e)1. Startup Period means the time period beginning with flame stability after first charge of wood fuel or other approved solid fuel and is no longer than a two-hour duration. 310 CMR