Section 096-116-1 - Ambient air quality standards; compliance locationThe applicant shall demonstrate that ambient air quality standards will be met at all locations (including, where appropriate, elevated receptors) beyond the production area of the applicant source.
A. The term "production area" shall mean a contiguous land area: (1) which is owned or controlled by the source; (2) where the source regularly conducts activities necessary to the production of goods or services; (3) which is of a size no larger than reasonably necessary to conduct such activities; and (4) from which the general public is excluded by fence or other physical barrier. The term production area shall include but not be limited to the following: (1) materials handling and storage areas;(3) waste water treatment facilities;(4) solid waste disposal areas;(5) on site buildings and structures.B. The production area exclusion shall not be applicable to a source whose purpose is to serve the general public (such as schools and hospitals, state and federal properties including military properties, or other public institutions) nor shall it be available to any part of a sources's property, even part of the production area, in which the general public has a right of access (such as public roads, navigable waterways or other lands in which the state or municipality has an interest).C. An expansion of a source's production area after December 31, 1970 shall be allowed for the purposes of this provision only if the source demonstrates that the expansion is due to business or commercial factors and that the expansion is not sought to increase the dispersion of the source's emissions.06- 096 C.M.R. ch. 116, § 1