Air Quality Nuisance Complaints: Dust, Odor and Noise 
MassDEP Regions
Contacts for AQ Nuisances
•	Northeast Region – Tom Natario, 978-694-3269, thomas.natario@state.ma.us 
•	Central Region – Michelle Delemarre, 508-767-2777, michelle.delemarre@state.ma.us
•	Southeast Region & Cape Cod – Complaint Line, 508-946-2817
•	Western Region – Main Phone Number, (413) 784-1100

MassDEP Regulations
•	Odor and Dust Control Regulation
–	310 CMR 7.09
•	Noise Control Regulation – 310 CMR 7.10
–	Regulations adopted under the authority of M.G.L. Chapter 111, Section § 142B and § 142D and can be enforced by local officials under 310 CMR 7.52.
310 CMR 7.52 Enforcement Provisions 
•	“Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the Department to enforce, as provided in M.G.L. c. 111, § 142B, any regulation in which specific reference to 310 CMR 7.52 is cited.”

Indoor Air Quality
•	MassDEP does not generally regulate indoor air quality (i.e.– mold, off-gassing of new carpets/cabinets, sick building syndrome, nail salons, etc.)
•	Indoor air regulated by the Department of Public Health’s Bureau of Environmental Health Assessment – Ph. #  617-624-5757.
•	However, indoor air contamination resulting from hazardous materials spills from exterior sources are handled by MassDEP’s Bureau of Waste Site Clean-up.  
What is an Air Contaminant per 310 CMR 7.00?
•	Air Contaminant - means any substance or man-made physical phenomenon in the ambient air space and includes, but is not limited to dust, fly-ash, gas, fume, odor, smoke, vapor, pollen, microorganism, radioactive material, radiation, heat, sound, any combination, or any decay or reaction production thereof.  

What Constitutes as a Condition of Air Pollution

•	Air Pollution -  means the presence in the ambient air space of one or more air contaminants thereof in such concentrations and of such duration as to:

Air Pollution Definition - Continued
A.    Cause a nuisance;
B.     Be injurious, or to be on the basis 		of current information, potentially   	injurious, to human or animal life, 		to vegetation, or to property; or
C.     Unreasonably interfere with the 		comfortable enjoyment of life and 		property or the conduct of business.
Documenting Complaints

–	Date/time of alleged problem
–	Duration/frequency of alleged problem 
–	Description of alleged problem (i.e. - odor, what did they smell? rotten eggs, rubber, plastic, solvents, burning paper, asphalt, etc.)
–	Location of alleged problem (where were they when they noticed problem - home, work, etc)
–	Source of alleged problem (if known)
–	Weather conditions (wind speed, direction) 
Dust
Investigating Dust Complaints
•	Note the weather condition
•	Determine if visible particulate emissions can be detected blowing onto the complainant’s property or across sidewalks or road-ways.  Note the intensity level and frequency of the dust emissions.   
Investigating Dust Complaints
•	Determine if the dust is causing a nuisance.  Is it unreasonably interfering with the private enjoy-ment of that person’s property, causing discomfort to pedestrians, or causing a safety hazard for drivers.  

Investigating Dust Complaints
•	  Do an inspection to determine what is causing the excessive dust emissions.

Examples of Potential Sources with Excessive Particulate Emissions
•	Sandblasting
•	Mechanical street-sweeping
•	Sand and gravel operations
•	Construction sites
Sandblasting
•	Dust can not leave property while cleaning/  removing paint from stone/brick/metal buildings.
–	Need a containment structure that is properly vented.
–	Need to be aware of lead paint – before the 1970s lead based paint was commonly used in public buildings and residences.

Street Sweeping – 310 CMR 7.09(6)
•	Equipment must be 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.

Street Sweeping – Wet Road
Leaf Blowers Can Cause a Dust Nuisance
Sand and Gravel Operations – 
310 CMR 7.09(4)
•	Handling of material
–	must be covered or wet while going through conveyors or crushers
•	Storage of material
–	piles must be covered, wetted, or otherwise treated
•	Transportation  
–	dirt roads should be either paved, wet or treated and material covered while in transit

Construction Sites
•	Per 310 CMR 7.09(3) - Responsible to seed, pave, cover, wet or otherwise treat the area to prevent excessive particulate emissions.  Reducing the speed limit on sites with dirt roads may also help reduce particulate emissions.  

Examples of Chemical Dust Suppressants
•	Chloride Salts
–	Calcium Chloride
–	Magnesium Chloride
•	Oils
–	 Petroleum based dust suppressants 
	   Ex. – PennzSuppressD 
–	 Soybean based dust suppressants
	   Ex. - Dustkill, Soykill, Dust Lock

Odor

Investigating Odor Complaints
•	Note the weather condition.
•	Determine if the odor can be detected on the complainant’s property.  Note the intensity level,  frequency, duration and type of the odor. 
•	If an odor problem is determined, try to trace the odor back to its origin.
Investigating Odor Complaints
•	 Determine if the odor is causing a nuisance.  Is it unreasonably interfering with the private enjoy-ment of that person’s property.  

Investigating Odor Complaints
•	 Do an inspection to determine what is causing the odor.  Inquire about process schedules or timing of activities to determine if they match with the time of odor detection by complainants.   

Examples of Potential Odor Sources
•	Paint Spray Operations
•	Composting Operations 

Spray painting should be done inside in a paint spray booth – not outside.

Paint Spray Booths
•	Paint spray booths are regulated by MassDEP under 310 CMR 7.03(16).
•	Also need to comply with certain sections of 310 CMR 7.18:
–	Good Housekeeping	
•	Containers of volatile organic compounds (VOCs) must be kept closed when not in use.
•	Rags with solvent must be kept in tightly closed containers.   
–	Good Neighbor Requirements
•	Spray operations shall not cause excessive odors or particulate emissions.  

Example of Poor House-Keeping
Some Requirements of 310 CMR 7.03(16)
•	Spray guns – high volume/low pressure (HVLP) or electrostatic 
•	Enclosed gun washing/cleaning 
•	Particulate control filters
•	Stacks which vent vertically, 10 feet above roof level
Use of an Unapproved Air Atomized Spray Gun
Example of an Enclosed Gun Washer
Filters
•	Each spray booth shall be equipped with 2 or more layers of dry fiber mat filters with a total thickness of at least 2 inches or an equivalent system.  
•	Filters should be maintained – no sags or gaps.  

Fiber Mat Filters in Use
Stacks
•	Each paint booth must be equipped with a stack that:	
–	Discharges vertically upwards.
–	Does not have rain protection of a type that restricts the vertical exhaust flow.
–	Stack gas exit velocity of greater than 40 feet per second.
–	Minimum stack height of 35 feet above the ground or ten feet above roof level.  

Example of Unacceptable Stack Head Rain Protection
Leaf Composting Operations
•	Leaf composting operations are exempt from needing a site assignment from Mass DEP provided:
–	The operation “incorporates good management practice, is carried out in a manner that prevents an unpermitted discharge of pollutants to the air, water, or other natural resources of the Commonwealth, and results in no public nuisance”.  
- The operation is registered with MassDEP.

Unregistered Compost Site
MassDEP Composting Forms
•	Leaf and Yard Waste Composting Registration Form:
http://www.mass.gov/dep/recycle/approvals/cmpstreg.pdf
•	Leaf and Yard Waste Composting Guidance Document:
http://www.mass.gov/dep/recycle/reduce/leafguid.pdf
•	Listing of Active Compost Sites: 
http://www.mass.gov/dep/recycle/actcomp.doc
MassDEP Technical Assistance with Odor Complaints
•	Excessive odors from wastewater treatment plants
–	Bureau of Resource Protection
•	Excessive odors from solid waste landfills
–	Bureau of Waste Prevention, Solid Waste                                        Division
•	Excessive odors from industrial facilities
–	Bureau of Waste Prevention, Compliance & Enforcement Division

Noise
Investigating Noise Complaints
•	Note the weather condition
•	Determine if the sound can be detected on the complainant’s property.  Note the intensity level,  frequency, duration and type of sound.  
Investigating Noise Complaints
•	Determine if the sound is causing a nuisance.  Is it unreasonably interfering with the private enjoyment of that person’s property (i.e. – do you need to raise your voice to have a conversation on the complainant’s property).  
•	Conduct an inspection to determine the source of the noise.  

310 CMR 7.10(1) - Noise
•	“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.”  
DEP Noise Policy #90-001
•	A source of sound will be considered to be violating the DEP noise regulation if the source:

1. Increases the broadband level by more than 10 dB(A) above ambient, or

2. Produces a “pure tone” condition - when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.
Sound Measurements
	Sound measurements can be taken in the area impacted by the sound, with and without the contribution from the facility to determine if sound from the facility is exceeding the level permitted in the Department’s Noise Policy.   

Sound Measurements
Local officials can contact MassDEP’s Regional Offices to make arrangements to borrow a sound level meter and receive training on how to utilize it.  

Common Sources of Noise Complaints:
•	Emergency generators
–	Should be equipped with a muffler 
–	If not quiet enough with a muffler can baffle the generator with sound attenuating material
Sources of Noise Complaints - Continued
•	Chillers
–	Roof-top chillers should be equipped with sound attenuating equipment. 
–	Chillers at ground-level should either be equipped with sound attenuating equipment and/or baffled with sound walls.  

Chiller – Without Sound Mitigation
Equipment Under Chiller Can Be Wrapped with Sound Attenuating Material
Chillers with Noise Barrier
Sources of Noise Complaints - Continued
•	Highway noise – MassDEP does not regulate 
–	 MassHighway has certain protocols which apply to noise for new highways versus existing.  The noise program is overseen primarily by the Environmental Division in the Boston office.  
–	Contact Kevin Walsh, Director of Environmental Services at MassHighway, at 617-973-7484 or kevin.walsh@mhd.state.ma.us

Sources of Noise Complaints - Continued
•	Vehicular traffic - MassDEP and BOHs do not have authority to have trucks turn off their reverse alarms or reduce the sound levels of emergency vehicle sirens.   

Sources of Noise Complaints – Continued

•	Roof top equipment 	
–	Company should have a maintenance plan for roof-top equipment.  Most complaints result from equipment problems (ex. - loose belt). 
–	Before adding new roof-top equipment, company should identify possible sound potential and identify sensitive receptors.  

Sources of Noise Complaints – Continued

Rock Crusher
What Can be Done if a Dust/Odor/Noise Violation is Confirmed
•	If the violation cannot be resolved immediately, let the source know a violation notice will be coming from the city/town.  Request that the violation be corrected by a given date or request the submittal of a compliance schedule for the town’s review.  
•	After the source has notified the city/town that compliance has been achieved, conduct a reinspection of the site and inform the source whether or not you were able to confirm compliance during the visit.  

Preventative Measures
•	Large Construction Projects	
–	Before commencement, require a dust control and noise mitigation plan.
–	Some towns have by-laws limiting construction to certain hours during the weekdays and Saturdays and further limiting or prohibiting commercial construction on Sundays.

Preventative Measures
•	New Facilities 
–	Identify possible noise, dust and odor potential.  
–	Look at stack height.  
–	Identify sensitive receptors.    

Summary Slide – to be filled out for each region
•	How the region will typically respond to complaints that come into MassDEP
•	How MassDEP can and/or typically support the Health Departments in dealing with complaints
•	Any special equipment MassDEP can provide