UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION 1
                        5 Post Office Square, Suite 100
                            Boston, MA  02109-3912






Date:	May 18, 2015	 
	
Subject: 	Technical Support Document for Massachusetts VOC Control Regulations                     
	
To: 		SIP file for docket # EPA-R01-OAR-2014-0631	

Thru: 	Anne Arnold, Manager
		Air Quality Planning Unit

From: 	Bob McConnell, Environmental Engineer
		Air Quality Planning Unit


		On June 1, 2010, and July 10, 2014, Massachusetts submitted formal revisions to its State Implementation Plan (SIP).  This technical support document reviews the adequacy of the VOC control regulations made within these submittals.  The June 1, 2010 SIP revision request contains an updated version of the Commonwealth's consumer products rule, which will reduce volatile organic compound (VOC) emissions from consumer products and also architectural and industrial maintenance (AIM) coatings.  The Commonwealth's July 10, 2014 submittal contains a regulation limiting VOC emissions from adhesives and sealants.  The Commonwealth's consumer products regulation is discussed below within two separate sections; section I. discusses AIM coatings, and section II. discusses consumer products.  

		The product emission limits within the Commonwealth's submittals were compared to limits previously adopted by EPA.  The tables below provide the results of this detailed, product-by-product comparison.

I.	Aim Coatings		

		With regard to AIM coatings, the Commonwealth's June 1, 2010 submittal included an amendment to Chapter 310 of the Code of Massachusetts Regulations (CMR), section 7.25, Best Available Controls for Consumer Products.  This regulation includes controls for AIM coatings, and EPA approved Massachusetts initial regulation for these coatings on December 19, 1995 (60 FR 65240), with a minor update approved on April 11, 2000 (65 FR 19323).  Table 1 provides a comparison of the coating emission VOC content limits, in grams/liter, within the Commonwealth's amended rule and EPA's limits for these coatings contained within 40 CFR Part 59, Appendix D, National VOC Emission Standards for Architectural Coatings. Within Table 1 and the tables that follow, an entry of "NA" under the "EPA" column indicates the coating category is not included within the federal rule.  

Table 1:  AIM Coatings VOC Content Limits
Coating Category
                        VOC Content Limit (grams/liter)

                                    MA DEP
                                      EPA
                               General coatings
Flat coatings
100
250
Non-flat coatings
150
380
Non-flat high-gloss coatings
250
NA
                              Specialty coatings
Antenna coatings
530
530
Antifouling coatings
400
450
Bituminous roof coatings
300
500
Bituminous roof primers
350
500
Bond breakers
350
600
Calcimine recoater
475
475
                             Clear Wood Coatings:
1. Clear brushing lacquers
2. Lacquers (including lacquer sanding sealers)
3. Sanding sealers (other than lacquer sanding sealers)
4. Varnishes

680
550
350
350

NA
680
NA
450
Concrete curing compounds
350
350
Concrete surface retarders
780
780
Conversion varnishes
725
725
Dry fog coatings
400
400
Faux finishing coatings
350
700
Fire resistive coatings
350
850/450
Fire retardant coatings:
1. Clear
2. Opaque

650
350

850
450
Floor coatings
250
400
Flow coatings
420
450
Form-release compounds
250
450
Graphic arts coatings (sign paints)
500
500
High temperature coatings
420
650/420
Impacted immersion coatings
780
780
Industrial maintenance coatings
340
450
Low-solids coatings
120
120
Magnesite cement coatings
450
600
Mastic texture coatings
300
300
Metallic pigmented coatings
500
500
Multi-color coatings
250
580
Nuclear coatings
450
450
Pretreatment wash primers
420
780
Primers, sealers, and undercoaters
200
350/400
Quick dry enamels
250
450
Quick dry primers, sealers, and undercoaters
200
450
Recycled coatings
250
NA
Roof coatings
250
250
Rust preventative coatings
340
400
                                   Shellacs
1. Clear
2. Opaque

730
550

730
550
Specialty primers, sealers, and undercoaters
350
NA
Stains
250
550/350
Swimming pool coatings
340
600
Swimming pool repair and maintenance coatings
340
NA
Temperature-indicator safety coatings
550
NA
Thermoplastic rubber coatings and mastics
550
550
Traffic marking coatings
150
150
Waterproofing sealers
250
600
Waterproofing concrete/masonry sealers
400
NA
Wood preservatives
350
550/550/550/350 

		We note that a minor difference exists in how recycled coatings are treated within the Commonwealth's AIM coating rule and the federal rule.  The Commonwealth's rule, as indicated in Table 1 above, establishes a VOC content limit of 250 grams per liter (g/l) for recycled coatings.  The federal AIM rule employs use of a formula based on the percent of the coating that is from recycled materials, and then determines an adjusted VOC content that is compared to the normative standard for that product category.  Therefore, it is conceivable that the Commonwealth's regulation could provide a less stringent standard than the federal AIM rule would provide for product containing recycled materials.  If this situation occurs, we note that the limits within the federal AIM rule would need to be met.  Additionally, there are a number of product categories in the federal AIM rule that are not similarly named within the Commonwealth's rule.  Table 2 below identifies these product categories, and links them to the product category with the Massachusetts AIM rule that applies to them.  In all cases the Commonwealth's VOC content limits are either more stringent than, or equivalent to, those within the federal AIM rule.

Table 2: Cross-link between federal AIM rule and MA-DEP rule for certain coating categories

                               Federal AIM rule
                                  MA DEP rule
Coating category
VOC content limit (g/l)
Corresponding MA-DEP category
VOC content limit (g/l)
Anti-graffiti coatings
600
Industrial maintenance coatings (permanent type)
340
Bituminous coatings and mastics
500
Flat or non-flat (for bituminous pavement sealers)
Bituminous roof coating
Bituminous roof primers
Industrial maintenance coatings
Metalic pigmented coatings (for bituminous aluminum roof coatings that meet the metallic pigmented coating definition)
100/150


300
350
340
500
Chalkboard resurfacers
450
Industrial maintenance coatings
340
Concrete curing and sealing compounds
700
Concrete curing compounds

Water proofing concrete/masonry sealers
350


400
Concrete protective coatings
400
Water proofing concrete/masonry sealers
400
Extreme high durability coatings
800
Industrial maintenance coatings
340
Heat reactive coatings
420
Industrial maintenance coatings
340
Nonferrous ornamental metal lacquers and surface protectants 
870
Rust preventative coatings
400
Repair and maintenance thermoplastic coatings
650
Industrial maintenance coatings
340
Stain controllers
720
Low solids
120
Zone marking coatings
450
Traffic marking
150


		Massachusetts' revised requirements for AIM coatings contains a "sell through" provision which enabled coating manufacturers to sell coatings manufactured before the effective date of these requirements to be sold for up to three years from the rule's January 1, 2009 compliance date.  The rule also includes labeling and recordkeeping requirements that are consistent with EPA's requirements.  Coating manufacturers must maintain coating production records for a minimum of 5 years, and make these records available upon request.  

Additional updates to the Commonwealth's previously SIP-approved requirements for AIM coatings include the following items:

        1.  The requirement at 7.25(4) regarding a prohibition against specifying non-compliant AIM products for work to be done within Massachusetts was moved to 7.25(11) because it pertains to AIM coatings, and does not apply to consumer and commercial products.

        2. A provision explaining that possible future emission standards promulgated by EPA would override existing Massachusetts standards was removed.  We note, however, that any future EPA standards that are more stringent that the comparable Massachusetts standard would indeed need to be complied with. 

        3. Requirements for products registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) were moved from 7.25(6) to 7.25(11) and (12).  

        4. The existing innovative products exemption was moved from 7.25(7) to 7.25(12);

        5. The requirement at 7.25(8) that compliance certifications be submitted to the Massachusetts Department of Environmental Protection (MA-DEP) was removed, but the obligation for sources to prepare and maintain this information on site, and submit it to MA-DEP upon request, was retained. 
           
      The updates Massachusetts has made to its existing AIM coatings regulation strengthen the rule and are consistent with the Clean Air Act, and we therefore I recommend approving them as revisions to the Commonwealth's SIP.
      

II.	Consumer products requirements.
           
	The Commonwealth's updated consumer product requirements became effective January 1, 2009, by which time other OTC states, and California, had adopted similar limits.  This enables manufacturers to achieve compliance by using product reformulations that are similar to the available compliant products in other jurisdictions.  Table 3 below contains the VOC content limits within Massachusetts' updated regulation and the federal requirements located at 40 CFR 59, Subpart C, "National VOC Emission Standards for Consumer Products."  In Table 3, "NA" entries within the EPA column indicates that product category is not contained within the federal rule.

      The consumer products provisions of 310 CMR 7.25 contain a number of flexibility provisions, including the three year sell through provision mentioned earlier with regard to the AIM coating requirements.  The rule also allows an entity to apply for a variance that would postpone compliance upon a successful showing of an economic hardship due to the tightened limits within the rule.  A manufacturer may apply directly to the MA-DEP for such an exemption, or alternatively, may request that an exemption awarded by CARB be used for compliance in Massachusetts.   In the latter case, the CARB issued exemption must be shown to be based on data that is valid in the Commonwealth.  In order for a variance to be granted, a source must meet a number of requirements including a demonstration that compliance would result in extraordinary economic hardship, and submittal of a compliance report indicating that the source will meet the rule's requirements as expeditiously as possible.  Additionally, the rule requires that any such request for a variance be subject to a public hearing, and must also be approved by EPA before becoming effective.
      
        
      The Commonwealth initially chose to not allow alternative compliance plans (ACPs) within its regulation, but changed course and adopted provisions allowing for them within amendments made on March 6, 2009, in part due to comments from industry requesting this flexibility.  The provision allows manufacturers to average VOC emissions among products to meet overall VOC emission limits, and is used by other OTC states and by CARB within their consumer products rules.  After consulting with other states on their experience offering this flexibility, the Commonwealth determined that it was appropriate to allow this with its consumer products regulation.  EPA commented that any such ACP would need to be approved into the Massachusetts SIP, and within its response to comments the Commonwealth committed to submit any such ACP it receives to EPA for approval into the Massachusetts SIP.
        

Table 3: Consumer Products VOC Content Limits

                           Consumer Product Category
                            VOC Content Limit (g/l)

                                    MA DEP
                                      EPA
                               Adhesive removers
                                       
                                       
Floor or wall covering
                                       5
                                      NA
Gasket or thread locking
                                      50
                                      NA
General purpose
                                      20
                                      NA
Specialty
                                      70
                                      NA
                                   Adhesives
                                       
                                       
Aerosols:
   Mist spray
   Web spray
                                       
                                      65
                                      55
                                      75
Special purpose spray adhesives:
   Mounting; automobile engine compartment; flexible vinyl
   Polystyrene foam and automobile headliner
   Polyolefin and laminate repair/edgebanding
                                       
                                      70
                                       
                                      65
                                      60
                                       
                                      NA
                                       
                                      NA
                                      NA
Contact:
   General purpose
   Special purpose
                                       
                                      55
                                      80
                                      80
Construction, panel, floor covering
                                      15
                                      40
General purpose
                                      10
                                      10
Structural, waterproof
                                      15
                                      15
                                Air fresheners
                                       
                                       
Single-phase aerosol
                                      30
                                      70
Double-phase aerosol
                                      25
                                      30
Dual purpose freshener/disinfectant
                                      60
                                      NA
Liquids/pump spray
                                      18
                                      18
Solids/gels
                                       3
                                       3
                                Antiperspirants
                                       
                                       
Aerosol
                                    40 HVOC
                                    10 MVOC
                                    60 HVOC
                                      NA
Non-aerosol
                                    0 HVOC
                                    0 MVOC
                                      NA
                           Anti-static (non-aerosol)
                                      11
                                      NA
                           Automotive brake cleaners
                                      45
                                      NA
                   Automotive rubbing or polishing compound
                                      17
                                      NA
                   Automotive wax, polish, sealant or glaze
                                       
                                       
Hard paste waxes 
                                      45
                                      NA
Instant detailers
                                       3
                                      NA
All other forms
                                      15
                                      NA
Automotive windshield washer fluid
                                      35
                                      35
                          Bathroom and tile cleaners
                                       
                                       
Aerosols
                                       7
                                       7
All other forms
                                       5
                                       5
Bug and tar remover
                                      40
                                      NA
Carburetor and choke cleaners
                                      45
                                      75
                        Carpet and Upholstery Cleaners
                                       
                                       
Aerosols
                                       7
                                      NA
Non-aerosols (dilutables)
                                      0.1
                                      NA
Non-aerosols (ready-to-use)
                                      3.0
                                      NA
Cooking spray aerosols
                                      18
                                      18
                                  Deodorants
                                       
                                       
Aerosol
                                    0 HVOC
                                    10 MVOC
                                    20 HVOC
Non-aerosol
                                    0 HVOC
                                    0 MVOC
                                      NA
                                 Dusting aides
                                       
                                       
Aerosols
                                      25
                                      35
All other forms
                                       7
                                       7
                               Engine degreasers
                                       
                                       
Aerosols
                                      35
                                      75
Non-aerosols
                                       5
                                      75
Electrical cleaner
                                      45
                                      NA
Electronic cleaner
                                      75
                                      NA
Fabric protectants
                                      60
                                      75
                               Fabric refresher
                                       
                                       
Aerosol
                                      15
                                      NA
Non-aerosol
                                       6
                                      NA
                             Floor polishes/waxes
                                       
                                       
Products for flexible flooring materials
                                       7
                                       7
Products for non-resilient flooring
                                      10
                                      10
Wood floor wax
                                      90
                                      90
                              Floor wax strippers
                                       
                                       
For removal of  light or medium build-up of polish
                                3 (as applied)
                                      NA
For removal of heavy build-up of polish
                                12 (as applied)
                                      NA
                      Foot ware of leather care products
                                       
                                       
Aerosol
                                      75
                                      NA
Solid
                                      55
                                      NA
All other forms
                                      15
                                      NA
                        Furniture maintenance products
                                       
                                       
Aerosol
                                      17
                                      25
All other forms except solid or paste
                                       7
                                      NA
                               Graffiti remover
                                       
                                       
Aerosol
                                      50
                                      NA
Non-aerosol
                                      30
                                      NA
                           General purpose cleaners
                                       
                                      10
Aerosols
                                      10
                                       
Non-aerosols
                                       4
                                       
                          General purpose degreasers
                                       
                                       
Aerosols
                                      50
                                      NA
Non-aerosols
                                       4
                                      NA
                                Glass cleaners
                                       
                                       
Aerosols
                                      12
                                      12
All other forms
                                       4
                                       8
Hair mousses
                                       6
                                      16
Hair shines
                                      55
                                      NA
Hair sprays
                                      55
                                      80
Hair styling gels
                                       6
                                       6
                             Hair styling products
                                       
                                       
Aerosol and pump sprays
                                       6
                                      NA
All other forms
                                       2
                                      NA
Heavy-duty hand cleaners or soaps
                                       8
                                       
                                 Insecticides
                                       
                                       
Crawling bug
                                       
                                      40
   Aerosol
                                      15
                                       
   All other forms
                                      20
                                       
Flea and tick
                                      25
                                      25
Flying bug
                                       
                                      35
   Aerosol
                                      25
                                       
   All other forms
                                      35
                                       
Foggers
                                      45
                                      45
Lawn and garden
                                       
                                      20
   Non-aerosol
                                       3
                                       
   All other forms
                                      20
                                       
Wasp and hornet
                                      40
                                      NA
                                Laundry prewash
                                       
                                       
Aerosol/solids
                                      22
                                      22
All other forms
                                       5
                                       5
Laundry starch products
                                       5
                                       5
Metal polishes/cleaners
                                      30
                                      NA
Multi-purpose lubricant (Excluding solid or semi-solid products)
                                      50
                                      NA
Nail polish removers
                                      75
                                      85
Non-selective terrestrial herbicide; non-aerosols
                                       3
                                      NA
                                 Oven Cleaners
                                       
                                       
Aerosols/pump sprays
                                       8
                                       8
Liquid
                                       5
                                       5
Paint remover or stripper
                                      50
                                      NA
Penetrants
                                      50
                                      NA
                         Rubber and vinyl protectants
                                       
                                       
Non-aerosol
                                       3
                                      NA
Aerosol
                                      10
                                      NA
Sealants and caulking compounds
                                       4
                                      NA
Shaving creams
                                       5
                                       5
Shaving gel
                                       7
                                      NA
Silicone-based multi-purpose lubricants (excluding solid or semi-solid products)
                                      60
                                      NA
                                 Spot removers
                                       
                                      NA
Aerosols
                                      25
                                       
Non-aerosols
                                       8
                                       
Tire sealants and inflators
                                      20
                                      NA
                          Toilet/urinal care products
                                       
                                      NA
Aerosols
                                      10
                                       
Non-aerosols
                                       3
                                       
                                 Wood cleaners
                                       
                                      NA
Aerosols
                                      17
                                       
Non-aerosols
                                       4
                                       
Undercoatings  -  aerosols
                                      40
                                      NA
    
      The VOC content limits within Table 3 indicate that in all instances the Commonwealth's limits are equal to, or more stringent than, the comparable EPA limit.  Our review of these amendments to Massachusetts' consumer products regulation finds that they act to substantially strengthen them and will help to further reduce VOC emissions, and we are therefore approving them into the Commonwealth's SIP.

III.	Adhesives and sealants regulation

		The Commonwealth's adhesives and sealants regulation imposes VOC content limits or other controls on a number of products, and is based on similar control measures that many California air districts, and other states in the Northeast, have adopted.  In particular, Massachusetts based its regulation on a 2006 OTC model rule, which in turn was based on earlier requirements adopted in California, and on EPA's 2008 document, "Control Techniques Guidelines for Miscellaneous Adhesives."  EPA develops Control Technique Guidelines (CTGs) to assist states with determining the appropriate level of control for sources subject to RACT.  Due to its inclusion within the Ozone Transport Region, the Commonwealth is required to ensure that RACT is applied to industrial sources in the state pursuant to section 184(b)(1)(B) of the CAA.  In 2006, 2007, and 2008, EPA published final CTGs for a number of VOC emitting activities, and Massachusetts' adoption of this regulation satisfies the states obligation to adopt regulations for this particular CTG.  

		Although Massachusetts' existing Consumer Products regulation at 310 CMR 7.25(12) regulates "household" adhesives and sealants, it exempts such products sold in containers and volumes more than 16 fluid ounces or weighing more than 1 pound.  Many of these exempted items would be covered by the Commonwealth's adhesives and sealants rule.  The compliance date within the Commonwealth's adhesives and sealants rule is January 1, 2015 with regard to a manufacturer of products sold in the state.  Additionally, the compliance date is September 1, 2015, for any person who sells, supplies, or offers for sale any covered product in Massachusetts, and May 1, 2016 for any person who uses, applies, or solicits the use of covered products in Massachusetts. 

		Table 4 below provides the VOC content limits contained within the rule for the covered product categories, which are adhesives, sealants, adhesive primers, and sealant primers, and Table 5 contains the VOC content limits for adhesives applied to particular substrates.  The Commonwealth's adhesives and sealants rule also contains testing, labeling, and recordkeeping requirements for entities subject to the rule.

	Table 4: VOC Content Limits from the Massachusetts Adhesives and Sealants rule

                               Product Category
                        VOC Content Limit (as applied)
                                 (grams/liter)
                                   Adhesives
                                       
ABS welding
                                      400
Ceramic tile installation
                                      130
Computer diskette jacket manufacturing
                                      850
Contact
                                      250
Cove base installation
                                      150
CPVC welding
                                      490
Indoor floor covering installation
                                      150
Metal to urethane/rubber molding or casting
                                      850
Multipurpose construction
                                      200
Non-membrane roof installation/repair 
                                      300
Outdoor floor covering installation
                                      250
Perimeter bonded sheet vinyl flooring installation
                                      660
Plastic cement welding (non-ABS)
                                      500
PVC welding
                                      510
Sheet rubber lining installation
                                      850
Single-ply roof membrane installation/repair
                                      250
Structural glazing
                                      100
Thin metal laminating
                                      780
Tire retread
                                      100
Waterproof resorcinol glue
                                      170
                                   Sealants
                                       
Architectural
                                      250
Marine deck
                                      760
Non-membrane roof installation/repair
                                      300
Roadway
                                      250
Single-ply roof membrane
                                      450
Other
                                      420
                               Adhesive Primers
                                       
Automotive glass
                                      700
Plastic cement welding
                                      650
Single-ply roof membrane
                                      250
Traffic marking tape
                                      150
Other 
                                      250
                                Sealant Primers
                                       
Non-porous architectural
                                      250
Porous architectural
                                      775
Marine deck
                                      760
Other
                                      750


Table 5: VOC Content Limit for Adhesives Applied to Particular Substrates

                              Substrate Category
                  VOC Content Limit as Applied (grams/liter)
Flexible Vinyl
                                      250
Fiberglass
                                      200
Metal
                                      30
Porous Material
                                      120
Reinforced plastic composite
                                      200
Rubber
                                      250
Wood
                                      30
Other substrates
                                      250
 	
      
		The Massachusetts rule contains VOC content limits that are equal to, or more stringent than, the comparable limits within EPA's CTG.  EPA's CTG contains VOC content limits for "motor vehicle adhesives" and "motor vehicle weather-strip adhesives," two product categories not directly addressed in the Commonwealth's rule.  In its response to comments document prepared for the adhesives and sealants rulemaking, Massachusetts notes this difference and indicates that adhesives that fall under these two categories will be regulated under the applicable category limits for adhesives applied to particular substrates.  These limits have a maximum VOC content of 250 grams/liter and are at least as stringent as the limits for motor vehicle adhesives and motor vehicle weather-strip adhesives within EPA's CTG.  

      	The Commonwealth's adhesives and sealants rule also contains testing, labeling, and recordkeeping requirements for entities subject to the rule.  We are approving the Commonwealth's adhesives and sealants regulation as meeting the requirements of RACT as outlined within EPA's 2008 CTG for this category of VOC emitting products.
