# Consumer Products 310 CMR 7.25(12) Definition of VOC 310 CMR 7.00 Paint Spray Booths 310 CMR 7
. 03( 16) Promulgation Date : March 6, 2009

Background Information and Technical Support Document Notice of Public Hearing Hearing officer's certification Response to Comments Final regulations as published by the Secretary of State. Redline/strikethrough version showing revisions to the regulation as previously approved for inclusion in the SIP.DEVALL. PATRICK Governor TI MOTH Y P MURRAY Lieutenant Governor 

### COMMONWEALTH OF lVIASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & 

### ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOS'rGN, MA 02108 617-292

-5500

IAN A. BOWLES Secretary LAURIE BURT

Commissioner



## Background Information And Technical Support Document For Proposed Amendments To
310 CMR 7.25(12) Consumer Products 310 CMR 7.00 Definition of VOC 310 CMR 7 .03(16) Paint Spray Booths

Regu latory Authority: M.G.L. Chapter 1 11, 

## §§ 142A through 142N

October 17, 2008

This informati on is**"""il>~blc** in**altcrnnl~** formal. Call Donald M. Comes , ADA Coordinator at617-S%

- I OS7. TOO# 1-1166-539-7622 or 1- 617-57+.6868
. MassDEP on the World Wide Web: h ttp :/lwww.mass

.gov /dep 

## 0 Printed on Recycled Paper

### I. 

### INTRODUCTION The Mas sachusetts Department of Environmental Protection (MassDEP) proposes to amend its regulation s for Consumer Products , 310 CMR 7.25( 12) , to include provisions for Alternative Compliance Plans (ACPs). MassDEP also proposes to add the compound HFE

- 7300 to the list ofexempt compounds in the cunent definition of Volatile Organic Compound (VOC) in 310 CMR 7.00 , and to make a technical correction to Paint Spray Booth regulations, 310 CMR 7 .03( 16)(g). 

### II. SUMMARY OF PROPOSED REGULATIONS Con s ume r Products Altern ative Compliance Plan In 2007 , MassDEP promulgated final revisions to 310 CMR 7 .25( 12) to adopt more stringent VOC emission limitations for consumer products.' These revisions are based on a model rule developed by the Ozone Transport Commission (OTC) , wh ich in turn is based on rules developed by the Californ ia Air Resources Board (CARB). When MassDEP proposed the draft consumer products regulations, it did not include an ACP provision although such a provision was contained in the OTC model rule and has been adopted by all other OTC states as well as CARB. An ACP a llo ws manufacturers of consumer products to average YOC emissions among products to meet a VOC limit cap (i.e., some products in the ACP would not have to meet their applicable YOC limits provided that other products in the plan are below their applicable VOC limits and the total VOC emissions for all products in the plan remain below a YOC cap calculated based on the app licable YOC standards and the sales volume of the products in the plan). During the public comment process, MassDEP received comments from industry groups requesting inclusion of the ACP model rule provi sions. In its Response to Comments , MassDEP agreed with th e benefits that an ACP provision would provide and committed to proposing draft ACP provi sions. MassDEP now is proposing to include an ACP provi s ion as part of 310 CMR 7.25(12)
. In preparing the proposed ACP provisions, MassDEP reviewed the ACP provisions adopted by other OTC states and spoke with staff at CARR regarding their experience in implementing ACPs. CARB confirmed that ACPs approved in California have resulted in an overall net decrease in VOC emissions from consumer products covered by approved ACPs. Based on this review. Mas s DEP believes that the best approach to maintain consistency is to accept in Mass achu s etts ACPs approved · by CARB. This is the approach several other OTC states have taken. Because an ACP is an averaging program, its use by a manufacturer to meet the consumer product YOC content limits will not lead to a net increase in VOC emissions, and likely will lead to a net decrease in YOC emissions (based on the experience in California)
. Without such an averaging provision, MassDEP's cunent regulations would prohibit the sale of consumer

1 

### See January 2007 Background Information and Technical Support Doc ument for ProposedAmendments to 310 CMR 7 .25 

### and October 2007 Response to Comments 

### at www. m ass.gov/dep /s erv i cc/rcgulati on s /r

egsarch.htm #a imcp

### products for which a compliant alternative is not currently available, even though all other states allow their sale. Therefore, MassDEP is proposing an ACP provision consistent with other OTC sta te ru les. Exempt HFE-7300 from definition of VOC MassDEP proposes to add the compound HFE-7300 to the list of exempt compounds in the cunent definition of VOC in 310 CMR 7
.00 in order to be consistent with EPA's definition of VOC. On January 18, 2007, EPA added 1,1, 1 

### ,2,2,3,4,5,5,5-decafluoro-3-methoxy-4 -trifluoromethylpentane (also known as HFE-7300) to the list of those compounds that are exempt from the definition ofV OC at 40 CFR Part 51
. 1 00(s) for ozo ne SIP and ozone control purposes, on the basis that HFE-7300 makes a negligible contribution to the formation of ground-level ozone. Due to this change, states may no longer take credit for controlling HFE-7300 in their ozone control s trategi es. According to EPA , scientific evidence shows that HFE-7300 is negli gib l y reactive, meaning it contributes li ttle or nothing to the formation of ground-level ozone. HFE-7300 is used as a heat transfer fluid and fo r other heat transfer appl ications . It also may be used as an alternative to chlorofluorocar bons (CFCs), perfluorocarbons , hydrofluorocarbons, and perfluoropolyethers, which are being phased out of production because of their detrimental ability to deplete stratospheric ozone. This change could benefit businesses by making it easier to use HFE-7300 in place of substances that deplete the earth's protective ozone layer and substances w ith high g lobal warming potentials. MassDEP proposes to provide this same e xemption in 310 CMR 7.00. The effect of this exemption wo uld be that fac ilities that use or produce HFE- 7300 and that are subject to MassDEP re gulation s limi t ing the use ofVOC in products and/or facility emissions for purposes related to attaining th e ozone National Ambient Air Quality Standards would no longer be required to count HFE

- 7300 as a VOC in determin ing whether the facility meets its regulatory obligations. Technical Correction to Paint Spray Booths MassDEP proposes to amend 310 CMR 7.03(16)(g) by deleting a sentence to clarify the regulation's intent. In a previous regulatory revision, 310 CMR 7
. 03(16)(g) was conected by de leting "cleanup so lution" from the materials whose VOC content was required to be less than 1
. 67 pounds per gallon. The second sentence in section (g) also should have been deleted at that time , but was not. MassDEP proposes to delete the second sentence in this paragraph to avo id possible confusion and to clarify the intent of the regulation. Ill. IMPACT OF REGULATIONS Including an ACP provision in MassDEP's consumer products regulations [310 CMR 7.25(12)] wi ll make it easier and less costly for businesses to comply with the VOC emiss ions limits ,

### reducing costs while s till achieving (and potentiall y exceedi ng) the VOC emiss ion reduction s 

## required 

## by the rule. Exempting HFE-7300 from the definition of VOC and the technica l correction to 310 CMR 7 .03( 16)(g) will have no environmental impact, but wi ll make Massachusetts rule s clearer and consistent with federal rule s . The proposed rules w ill have no impact on local governments. In addition , the proposed r evisio n s are categorically exempt f rom the " Regu lations Governing the Prep aration of Environmental Impact Reports ," 301 CMR 11.00 , because the propo sed amendments will not re s ult in any increase in emissions

. 

### IV. PUBLIC HEARINGS AND COMMENT MassDEP plans to submit the final regulation revision s to EPA as part of its 8-hour ozone State Impl eme ntation Plan (SIP)
. Public hearings on the proposed revis ions will be conducted under the provisions ofM.G .L. Chapter 3

### THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WASTE PREVENTION NOTICE OF PUBLIC HEARING 310 CMR 7.00 Notice is hereby given that the Massachusetts Department ofEnvironmental Protection (MassDEP), under its authority pursuant to M.G.L. Chapter 111, Sections 142A through 142N, and in conformance with M.G.L. Chapter 30A, will hold a public hearing on proposed amendments to: 1) 31 0 CMR 7 .25( 12) , Consumer Products, to add an Alternative Compliance Plan (ACP) option to the existing consumer products regulations that allows manufacturers of consumer products to average VOC emissions among products to meet VOC limits; 2) 310 CMR 7.00, Definition ofVOC, to add the compound HFE-7300 to the list of exempt compounds i n the current definition ofVolatile Organic Compound (VOC) in 

### 310 CMR 7.00 in order to be consistent with EPA's definition ofVOC; 3) 310 CMR 7 .03(16), Paint Spray Booths, to make a technical correction to paint spray booth regulations, 310 CMR 7 .03(16)(g), by deleting a sentence to clarify the regulation's i ntent; and 4) 310 CMR 7 .18(8), Solvent Metal Degreasing, to impose a vapor pressure limit on cold cleaning solvents. The ACP regulation will provide additional flexibility to consumer product manufacturers in meeting VOC requirements. The VOC definition change will eliminate, for any facility that uses HFE

-7300, the requirement to count HFE-7300 as a VOC in determining whether the facility meets its regulatory VOC obligations. The vapor pressure limit for cold cleaning solvents will reduce VOC air emissions and help bring Massachusetts into attainment of the ground-level ozone standards established by the U.S. Environmental Protection Agency. A public hearing will be conducted on the following date at the following loca tion to receive comments on the proposed amendments. Testimony may be presen ted orally or in writing at the hearing. November 25, 2008 at 1:00 p.m. MassDEP Headquarters 2nd Floor Conference Rooms B and C One Winter Street Boston, MA 021 08 Directions: http:/ /www
.mass .gov/dep/abou t/organization/depdir

.htm 

### MassDEP will accept written comments until5:00 p.m. on Friday, December 5, 2008. Please send written comments electronically via email to: Azin.Kavian@state.ma.us. Paper copies of written comments also may be sent to: Azin Kavian, Environmental Analyst, MassDEP, One Winter Street, Boston, MA 02108, RE: ACP/Solvent Metal Degreasing.

### For special acconunodations for these hearing s, please contact Donald M. Gomes, MassDEP ADA coordinator, at 617-556-1057, TDD Service 1-800-29 8-2207, One Winter Street, Boston, MA 021 08. This information is available in alternative format upon request. A copy of the proposed amendments and technical support documents is available on the MassDEP website at: www. mass.gov/ dep/public/publiche.htm. Copies also may be obtained by calling Azin Kavian at 617-574-6801. By orde r ofthe Department Laurie Burt, Commissioner

### COMMONW'EALTH OF MASSACHUSE'ITS EXECUTIVE OFFICE OF ENERGY & 

### ENVIRONMENTAL AFFAIRS 

## DEPARTMENT OF ENVIRONMENTAL PROTECTION

DEVALL. PATRICK Governor TIMOTHY P
. MURRAY Lieutenant Governor ONE WtNTER STREE T, BOSTON, MA 02108 617-292 -55 00



### CERTIFICATION IAN A. BOWLES Secretary LAURIE BURT

Commissioner



### RE: Publ ic Review process on the proposal to amend 310 CMR 7.00, 7.03(16), 7.03(16)(g), and 7.25(12) 

### I hereby certify : That notice ofthe public hearing was published on the following dates in the following newspaper: Paper name: Boston Globe, Springfield Republican Date: 1

### 0/24/2008 That the notices specified the date, time, and place oftbe public hearing s to be held on the proposed amendments to 310 CMR 7.00, 7.03(16), 7.03(16)(g), and 7.25(12). That the notices sp ecified the locations at which the proposed revisions and supporting information were avai lable for public inspection. That the proposed revisions and supporting information were available at the loc ations stated in 

### the notice when the notices were published, as well as at the locations of the public hearings on the date of said hearing. That similar notices were mailed to the United States Environmental Protectjon Agency, to any affected local or pollution control agencies, and to all known potentially interested parties. I 

### further certify that, on the following date and at the following location, a public hearing was conducted by the Department of Environmental Protection, pursuant to the above notices and in co nformance with M.G.L. 

### Chapter 30A and the provisions of30 CFR 51.4(b): Date: 11/25/2008 Location: MassDEP Headquarters, One Winter Street, Boston MA 02108

Name: Azin Kavian Hearing Officer Date: 8/19/2009

This illfo rnonti <lu is available in ultcrn:tle format. C11 1l D on ald M. Gomes, ADA Coordinator at 617-556-1057. TDOIIi-866

- 539-7622 or 1

- 617-574-6868. MassDEP on the World Wlde Web : http://www

. mass.gov/dep 

# 0 Printed on Recycled PaperDEVALL
. PATRICK Gove rn or TIMOTHY P
. MURRAY Lie ute nan t Go vern or 

### COMMONWEALT H OF MASSACHUSETTS EXECUTIVE O FFICE OF ENERGY 

## & ENVIRONMENT AL A FFAIRS 

## D E PARTMENT OF ENVI RONMENTAL P R OTEC TION ONE WINTER STREET, BOSTON, MA 02108 6 17- 292 -5500



## Response To C omments On Proposed A mendments T o : 310 CMR 7.25(12) Consum er Products 3 1 0 C MR 7.00 Definition of VO C 3 1 0 C MR 7.03(16) Paint S pray Booths

Regul atory Authority: M.G.L. c. 1 11 , Secti on s 142A through 142N

D ece mb er 2008 IAN A. BOWLES Secreta ry LAUR IE BURT

Commi ss ioner

This inl' ormalion is a vai la b le in n ll c r nnle fo rma l. C ull Do nald M
. Co mes, A D A Co o r din nl o r :II 6 17

- 556- 1057
. T D D Service· 1-80 0- 298

- 220 7. MassOEP on t he Wor l d Wide Web : htt p ://www

. mass . gov /d ep 

## 0 Prin ted o n Recycled Paper

### In October 2008, the Massachusetts Department of Environmental Protection (MassDEP) proposed amendments to regulations for Consumer Products , 310 CMR 7.25(12), to include provisions for Alternative Compliance Plans (ACPs). MassDEP also proposed to add the compound HFE-7300 to the list of exempt compounds in the current definition of Volatile Organ ic Compound (VOC) in 3 10 CMR 7.00, and to make a technical correcti on to Paint S pray Booth regulations, 310 CMR 7 .03( 16)(g). MassDEP held a pub lic hearing and solicited oral and written testimony on the proposed regu lations in accordance with Massachusetts General Laws (MGL) Chapter 30A. On October 10 , 2008, MassDEP published notice ofthe public hearings and public comment period on the pr

oposed regulatory revisions in both the Springfield Republican and the Boston Globe, and notifi ed interested parties v i a electronic mail. A public hearing was held on Tuesday, Novembe r 25, 2008 in Boston, Massachusetts and the comment per i od closed on December 5, 2008. Mas sDEP received one comment during the public comment period from Anne Arnold, U.S. Environmental Protection Age ncy, Region 1 , Boston, MA. Below is the comment received and MassDEP's response. 

### 1. Co mm ent: Massachusetts should include language indicating that alternat ive compl iance plans (ACPs) need to be approved by EPA into the Commonwealth's State Implementation Plan (SIP). This is necessary because product sales within the state is one of the metrics used in the calculation to determine acceptable alternative li mits , and sales in one state are likely to be different from sales in another state. We s uggest section 7 .2 5( 12)(b) be modified as shown: ALTERNATIVE CONTROL PLAN or ACP means an emissions-averaging program approved by CARB pursuant to California Code of Regulations, Title 17 , Subchapter 8.5, Article 4, Sections 94540-94555. and also approved by EPA and incorporated into the Massachusetts state implementation plan. Additionall y, rev isions should be made to 7.25(12)(c)(9)(i) as s hown below: (i) A lternative Control P lans . 1
. The YOC content li mits spec ifi ed in 3 10 C MR 7.25( 12)(c) 1 .: Tab le 2. shall not apply to any manufacturer for any consumer product that is s ubject to an ACP for the period of time that the AC P remains in effect provided that the manufacturer complies with all conditi ons and requirements ofthe ACP Executive Order and use of the ACP in Massachusetts has been approved by EPA. 

### Response: MassDEP commits to submit any ACP it receives to EPA for approval into the Massachusetts SIP. However, MassDEP does not believe that the final regulation need s to reflect this commitment and has left the regulation unchanged.Docket# 538
THE COMMONWEALTH OFMASSACHU S

ETTS William Francis Galvin Secretary of th e Commonwealth 

## Regulation Filing To ba completed by filing agency CHAPTER NUMBER: 310 CMR 7

. 00



# ---------------------------------------------------------------- CHAPTERTITLE: 

### Air Pol lution Cont r o l

. '•, AGENCY: Department of Environmental Protection SUMMARY OF REGULAT ION: State the general requirements and purposes of this regulation. These regulations 1) add an Alternative Compliance Plan (ACP) option to existing consumer product regulations that allows manufacturers of consumer products to average Volitile Organic Compound (VOC) emissions among products to meet overall VOC emissions limits; 2) add the compound HFE
-7300 to the list of exempt compounds In the current definition of VOC in order to be consistent with the U

. S. Environmental Proect!on Agency's definition of VOC; and 3) makes a technical correcti o n to paint sp ray booth regulations by deleting a sentence to clarify the regulation's intent.

REGULATORY AUTHORITY: M.G

. L. Chapter 111, 

### §§ 142A through 142N AGENCY CONTACT: Azin Kavlan**~~~~~---- ----** **-------- ------** **--------** PHONE: 617-574
-6801 ADDRESS: One Winter Street. Boston, MA 02108 

### Compliance with M.G. 

## L. c. 30A EMERGENCY ADOPTION- if this regulation is adopt ed as an emergency, state the nature of the emergen cy.

PRIOR NOTIFICATION AND/OR APPROVAL- lfpriornoUfication to and/or approval of the Governor, Legislature or others was required, list each notification, and/or approval and date, including notice to the Local GovernmentAdvisory Commission

. Notice given in October 2008 to : Mass

. Municipal Association, Dept. of Public Health, Loca l Government Advisory Committee, Executive Office of Energy and Environmental Affairs, Dept. of Energy Resources, Mass. Environmental Policy Act Office. PUBLIC REVIEW- M.G.L. c. 30A sections 2 and/or 3 requires notice ofthe hearing orcommentperiod be filed with the Secretary ofthe Commonwealth, published in appropriate newspapers, and sent to**per~ons** to 

### whom spec ific notice must be given at least 21 days prior to such hearing or commentperiod. Date**~f** 

### public hearing or comment period: Public Hearing: 11/2518. Comment: 11125108
- 12/05108. 

# 55FISCAL EFFECT
- 

### Estimate the fiscal effect of the

### p~blic and private sectors. For the first and second year: No additional costs will be incurred for compliance with these amendments

. There may be cost savings for some businesses. 

### For the first five years: .::s.=am=e.=as::..::.:ab:.:o:..:.v.::.:e·:__-
- -- -- -- - ------------- 

### No fiscal effect: SMAL L BUSINESS I MPACT- State the impact ofthis regulation on small business

. Include 

### a description of reporting, record keeping and other compliance requirements as well as the appropriateness of performance versus design standards and whether this regulation duplicates or conflicts wfth any other regulation. Ifthe purpose ofthis regulation is to set rates for the state, this section does not apply. No impact to small businesses.

CODE OF MASSACHUSETTS REGULATIONS INDEXConsumer products , paint spray booths, ozone, VOC. List key subjects that are relevant to this regulation:

PROMULGATION- State the action taken by this regulation and Its effect on existing provisions ofthe Code ofMassachusetts Regulations (CMR) or repeal, replace oramend. List by CMR number: Amends 310 CMR 7.00, 310 CMR 7.03(16), 310 CMR 7.25(12).

ATTESTATION
- The regulation described herein and attached hereto is 

### a true copy ofthe regulation adopted by this agency. A**~EST:** (} --------; . _ SIGNATURE:

# ~~ DATE: c?/lq/o'**---- ~------** **-- ----**  

### Publication
- 

### To be completed by 

### the Regulations Division MASSACHUSETTS REGISTER NUMBER:

_ _ ___:::1...:::.1..:::2.:::.5

____ DATE:

_ _**......=.3L.../~6/~......:.0"-'9"---** EFFECTIVE DATE: 

### 3/ 6 /09 CODE OF MASSACHUSETTS REGULATIONS 

### Remove these 

### a es: Insert these 

### a es:


### SEE ATTACHED



# 56**;: :·** **~~~~"'~:"'i@ ~-~~~~~**  

### ) , A TRUE COPY AITEST

# ~-~ WILLIAM FRANCIS GALVIN

### 1f_C~~A~~ OFTHE OOMM 

### N EALTH 

# '6;/t_ 'f 1 

# i CLERK ·-

· ·"'-· 

# (

### Remove Pages 199,200 225,226 250.72.10.1-250.72
. 10.4 250.72.10.17, 250.72.10.18 250.72.10.21, 250.72.10.22 250.72.1**0.2~,** 

### 250.72.10.30 310 CMR 7.00 Insert P a ges 199,200 225,226 250.72.10.1-250.72.10.4 250.72.10.17, 250.72.10.18 250.72.10.21, 250.72.10.22 250.72.10.29, 250.72. 10.30

# (310 CMR: DEPARTMENT OF ENVJRONMENTAL PROTECTION
DEFINITIONS: continued

6/2/06 VJNYL SURFACE COATING means the application of a decorative, protective or functional coating and/or printing on vinyl coated fabric or vinyl sheets. VISIDLE EMISS IONS, for the purpose of 310 CMR 7.15, means any emissions that are detectable without the aid of instruments. This does not include condensed uncombined water vapor. VOC COMPOSITE PARTIAL PRESSURE means the sum of the partial pressures of the compou nds defined as VOC. VOC Composite Partial Pressure is calculated as follows:

Where: Wi 

## = Weight of the "i"th VOC compound, in grams Weight of water, in grams Ww We Mwi Mww Mwe PPc VPi n 

## = =

= 

## = = = = Weight of exempt compounds , in grams ..$.._ Molecular weight of the "i"th VOC compound, in g-mole _g_ Molecular weight of water, in g-mole _g_ Molecular weight of exempt compound, in g-mole VOC composite partial pressure, in mm Hg Vapor pressure of the "i"th compound, in mm Hg The number of VOC compounds VOLATILE ORGANIC COMPOUND is any compound of carbon which participates in atmospheric photochemical reactions. For the purpose of determining compliance, VOC is measured by the applicable reference test methods specified in 40 CFR 60. 310 CMR 7
.00 : VOLATILE ORGANIC COMPOUND includes all organic compounds except the followi ng: CAS Number 67641 506876 630080 124389 463796 N!A 74828 74840 79209 71556 107313 75092 98566 127184 75694 75718 75456 76131 76142 76153 75467 593704 306832 354234 2837890 Chemical Name acetone, ammonium carbonate, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, methane, ethane, methyl acetate, methyl chloroform ( 1,1,1-trichloroethane), methyl formate methylene chloride, (dichloromethane) , parachlorobenzotrifluoride (PCBTF), perchloroethylene (tetrachloroethylene), CFC-11 (tr ichlorofluoromethane ), CFC-12 ( dichlorodifluoromelhane ), CFC-22 (chlorodifluoromethane), CFC-113 (trichlorotrifluoroethane ), CFC-114 (dichlorotetrafluoroethane ), CFC-115 (chloropentafluoroethane), FC

-23 (tritluoromethane), HCFC-31 (chlorofluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-123a ( 1,2

-dichloro-1,1,2-trifluoroethane ), HCFC-124 (2-chloro-1,1,1,2-tet rafluoroethane),

310 CMR- 199310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEFINITIONS: continued

3/6/09 1717006 75683 1615754 422560 507551 75105 354336 359353 811972 4129462 75376 353366 690391 679867 24270664 431312 460731 431630 431890 406586 138495428 375031 163702076 163702087 163702054 54376602
163702065 297730939 N/A N/A NIA N/A NIA HCFC-141 b (1, 1-dichloro-1-fluoroethane), HCFC-l42b (1-chloro-1, 1-difluoroethane), HCFC-151a (1-chloro-1-fluoroethane), HCFC-225ca (3,3-dichloro-1, l,l ,2,2-pentafluoropropane), HCFC-225cb (1,3-dich\oro- I ,1,2,2,3-pentafluor opropanc), HFC-32 (difluoromethane), HFC- I 25 (pentafluoroethane ), HFC- I 34 (I, 1,2,2-tetrafluoroethane ), HFC- I 34a (1, I, I ,2-tetrafhioroethane ), HFC-143a (1,1, 1-trifluoroethane), HFC-152a (1, 1-difluoroethane), HFC-161 (ethylfluoride ), HFC-236fa (1, I ,1,3,3,3-hexafluoropropane), HFC-245ca (I, I ,2,2,3-pentafluoropropane), HFC-245ea ( I , 1,2,3 ,3-pentafluoropropane), HFC -245eb ( 1 ,1,1,2,3-pentafluoropropane), HFC-245fa (I, 1,1,3,3-pentafluoropropane), HFC-236ea (1,1,1,2,3,3-hexafluoropropane), HFC-227ea (1,1, 1,2,3,3,3-heptafluoropropane) HFC-365rnfc (1,1,1 ,3,3-pentafluorobutane), HFC 43-1 Omee (1, I, I ,2,3,4,4,5,5,5-decafluoropentane). HFE-7000 or n-C3F70CH3 (1, l, I ,2,2,3,3-heptafluoro-3-methoxy

propane HFE-71 00 orC4 F90CH3 (I ,1, I ,2,2,3 ,3 ,4,4-nonafluoro-4-methoxybutane), (CF3)2CFCF20CH3 (2-(difluoromethoxymethyl)-1, I, 1,2,3,3,3

- hepta- fluoropropane), HFE-7200 or C4F90C2H5 (1-ethoxy-1,1,2,2,3,3,4,4,4- nonafluorobutane), HFE-7300 or L-14787 or C2F5CF(OCH3)CF(CF3)2 ( 1, 1,1 ,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluorometbylpeotane) (CF3)2CFCF20C2H5 (2-( ethoxydifluorornethyl)-1, 1,1 ,2,3,3,3

- hepta-fluoropropane), HFE-7500 or HFE-s702 or T-7145 or L-15381 (3-ethoxy1, 1,1 ,2,3 ,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane) Cyclic, branched, or linear, completely fluorinated alkanes, Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, Cyclic, branched, or linear, completely flu orinated tertiury amines with no unsaturations, Cyclic, branched, or linear, completely methylated siloxanes , Sulfur containing per fluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. The following compound(s) are Volatile Organic Compounds (VOC) for the purpose of all recordkeeping, emission reporting, photochemical modeling, and inventory requirements which apply to VOC and shall be uniquely identified in emission reports but are not VOC for the purposes ofVOC emission limitations or VOC content requirements: 540885 t-butyl acetate WASH COAT means a coating containing binders that raise s wood surfaces, prevents undesired staining and controls stain penetration. WASTE (a) Waste means any solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining, or agricultural operations orfrom municipal activities, orany refuse, or sludge, which: 1. is sometimes discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded; or 2. has served its original intended pwpose or is no longer suitable for its original intended purpose; or 310 CMR- 200310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.03: continued

3/6/09 310 CMR 7.18(22) Leather Surface Coating; 310 CMR 7.18(23) Wood Products Surface Coating; 3.10 CMR 7.18(24) Flat Wood Paneling Surface Coating; and 310 CMR 7.18(28) Automotive Re
. finishing Operations not listed in 310 CMR 7.03( 16)(b) are not covered by this exemption and require either a Limited Plans Application (LPA) or Comprehensive Plans Application (CPA) as required by 310 CMR 7.02. (c) Except as provided in 310 CMR 7.18{ll)(a)l., all coatings used in the new or modified spray booth shall comply with the as-applied formulations contained in 310 CMR 7.18 

### et 

### seq., for the spray coating of material described by the relevant subsection. Notwithstanding the previous statement, for any person who owns, leases, operates or controls a facility with coating operation{s) subject to 310 CMR 7.03(16), the emissions ofVOC from any coatings used in small amounts at the facility are exempt from the emission limitations ofthe relevant subsection, provided the person satisfies the following conditions: 1. the total amount of all coatings exempted does not exceed 

### 55 gallons during any rolling 12 month period at the facility; and, 2. the person identifies and tracks the usage of the coatings covered by this exemption; and, 3. the person complies with the record keeping and testing requirements of the applicable section(s) of31 0 CMR 7.03(16)(b). (d) Spray guns shall utilize one of the following methods of spray application and be maintained and operated in accordance with the recommendations of the manufacturer: 1. Electrostatic spray application; or 2. High Volume Low Pressure (HVLP) spray application; or 3. Any other coating application method that achieves a transfer efficiency equivalent to electrostatic or HVLP spray application and is approved by the Department in writing

. (e) Each paint spray booth shall utilize two or more layers ofdry fiber mat filter with a total thickness of at least two inches or an equivalent system as detexmined in writing by the Department and that achieves particulate control efficiency ofat least 97% by weight. Filter material shall be disposed in accordance with all applicable DEP regulations. (f) Face velocity of air at filter shall not exceed 200 fect'per minute. (g) For surface preparation, prior to coating, the VOC content of any surface preparation solution shall not exceed 1.67 pow1ds per gallon. However, for surface preparation of plastic parts the VOC content of the surface preparation solution shall not exceed 6. 

### 5 pounds of VOC per gallon. (h) Spray guns shall be cleaned in a device that: 1. minimizes solvent evaporation during the cleaning, rinsing, and draining operations; 2. recirculates solvent during the cleaning operation so that the solvent is reused; and, 3. collects spent solvent in a container with a tight-fitting cover so 

### that it is available for proper disposal or recycling. (i) The paint spray booth shall have a stack conforming to the following criteria: I. The stack shall discharge vertically upwards; 2. The stack shall not have rain protection of a type that restricts the vertical exhaust flow; 3. The stack gas exit velocity shall be greater than 40 feet per second; and 4. The minimum stack exit height shall be 35 feet above the ground or ten feet above rooflevel. G) Emissions from stack shall have 0% opacity. (k) Sufficient records shall be prepared and maintained to demonstrate compliance for each calendar month. Such records shall include, but are not limited to: 1. For each coating, as applied: a. Gallons ofcoating used; b. Coating density (Pounds per gallon); c. Pounds ofVOC per gallon ofcoating; d. Pounds ofsolids per gallon of coating; e. Pounds ofwater per gallon of coating; f. Pounds of other non-VOC liquid per gallon ofcoating; and g. Pounds ofVOC per gallon ofsolids as applied.

310 CMR- 225310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.03: continued

12128/07 2. Gallons 

### ofexempt/non-compliance coatings used; and 3. Gallons of cleanup solution used and pounds VOC per gallon; and 4. Maintenance records of filler pad replacement and disposal. (I) As an alternative to 310 CMR 7.03(16)(k)l. and (k)2., persons subject to 310 CMR 7.18(28): 

### Automotive Refinishing shall maintain purchase records of coatings and surface preparation products on a monthly basis. The purchase records shall be summarized and include coating category, coating or coating component, and surface preparation product as identified on the container, the quantity of each coating or component, and surface preparation product, and the VOC content (in pounds per gallon) ofeach coating and surface preparation product, after mixing according to the manufacturer's instructions. Records shall be kept for three years, and be made available to representatives of the Department upon request. (17) Groundwater/Soil Venting Systems. Construction, substantial reconstruction or alteration of any Contaminated Groundwater Treatment System (COTS) or contaminated soil venting system complying with the following criteria: (a) COTS or contaminated soil venting systems shall be equipped and operated such that the system continuously reduces VOC in air effluent stream by at least 95% (by weight). Such systems include, but are not limited to, the following: 1. COTS followed by carbon adsorber, incinerator or equivalent air pollution control device; or 2. Contaminated soil venting followed by carbon adsorber, incinerator or equivalent air pollution control device. (b) Systems shall be equipped and operated with the necessary procedures and instrumentation to assure operation in compliance with this standard including, but not limited to: 1. Interlock to prevent operation of the entire system without proper control device operation including, but not limited to, automatic shutoff if incinerator drops below normal operating temperature; 2. InletlouUet incinerator temperature indicators; 3. For a COTS, flowmeter(s) indi cating rate and total amount of groundwater being treated, 

### if applicable; and 4. On-site regeneration ofcarbon or regularly scheduled replacement of carbon, ifused. (d) Sufficient records shall be pr epared and maintained to demonstrate emissions compliance for each month. Records shall include, but are not limited to, t he followi ng, as applicable: I. Once per month , measurement of water flow rate and total flow to date for the month; 2
. For a COTS, once per month measurement of inlet and effluent water VOC concentration; 3. Once per month, measurement ofVOC concentration in air prior to control, and VOC concentrations after control; 4
. Once per month, measurement of overall VOC reductio n efficiency of the air pollution control sys t em in percent by weight ; 5
. Maintenance records of the system; 6. Monthly operating hours of the system; 7
. Once per month, measurement of incinerator outlet temperatures; and 8. Carbon regeneration/replacement records. (18) Fuel Cells

. Construction, substantial reconstruction or alteration of any fuel cell( s) complying with the following criteria: (a) The emissions from the fuel cell will not exceed the following standards based upon a one hour averaging time: l. NOx

- 0.03 pounds per megawatt hour. 2. Carbon Monoxide- 0
.05 pounds per megawatt hour. 3. Non methane organic compounds- 0.008 pounds per megawatt hour. (b) Any person subject to 310 CMR 7
.03(18) shall keep records of monthly electric generation.

310CMR- 226310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.25: continued

10119/07 e. Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Designation D 

### 1613-96, Standard Test Method for Acidity in Volatile Solvents and Chemica l bttermediates Used in Paint, Varnish, Lacquer and Related Products

. f. Drying Times. The set-to-touch, dry -hard, dry-to-touch and dry-to-recoat times of a coating shall be determined by ASTM Designati on D 1640

-95, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature. The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation D 1640-95. g. Surface Cha!kiness. The chalkiness ofa surface shall be determined using ASTM Designation D 4214-98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films. h.**~xempt** Compounds

- Siloxanes. To determine the cyclic, branched, or linear completely methylated siloxanes content of a coating, the coating shall be analyzed according to BAAQMD Method 43, Determination ofVolatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials, BAAQMD Manual of Procedures, Volume 

### ill, adopted November 6, 1996. i. Exempt Compounds

- Parachlorobenzotrifluoride <PCBTFl. To determine parachlorobenzotrifluoride content of a coating, the coating shall be analyzed according to BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual ofProcedures, Volume ill, adopted December 20, 1995. j. Exempt Compounds -Volatile Organic Compounds Exempted Under U.S. EPA Method 24
. To det ermine the composition of a coating with respect to volatile organic compounds that are exempt under U.S. EPA Method 24, the coating shall be analyzed according to SCAQMD Method 303-91 (Revised August 1996), Determination of Exempt Compounds, SCAQMD "Laboratory Methods of Analysis for Enforcement Samples." k. VOC Content of Coatings. The VOC content of a coating shall be determined by 

### U.S. EPA Method 24 as it exists in appendix A of 40 Code ofFederal Regulations (CFR) Part 60, Determination ofVolatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings. I. Alternative Methods for Determining VOC Content of Coatings. The VOC cont ent of coatings may be determined by either U.S. EPA Method 24 or by SCAQMD Method 304-91 (Revised 1996), Determination of Volatile Organic Compounds(VOC) in Various MateriaLr, SCAQMD Laboratory Methods of Analysis for Enforcement Samples. m. Methacrylate Traffic Marking Coatings. The VOC content of methacrylate multi-component coatings used as traffic marking coatings shall be detemuned by the procedures in 40 CFR part 59, subpart D, appendix A, Determination of Volatile Matter Content of Methacrylate Multi-component Coatings Used as Traffic Marking Coatings, (September II, 1998). (J 2) Consumer Products. (a) Applicability. 1. Except as provided in 310 CMR 7.25(12)(a)2., t he requirements of 310 CMR 7.25(12) apply to any person who, on or after January 1 , 2009, sells, supplies, offers for sale, or manufactures any consumer product listed in 310 CMR 7.25(12)(c)l. for use in Massachusetts. 2. a. The provisions of 310 CMR 7.25(12) do not apply to· any person who, sells, supplies, offers for sale, or manufactures in Massachusetts any consumer product specified in 310 CMR 7
.25( 12)(b) that is for exclusive use outside of Massachusetts as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of Massachusetts and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is noi distributed to Massachusetts. b. The provision in 310 CMR 7.25(12)(a)2.a. does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in Massachusetts

. · 310 CMR- 250.72.10.1310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7
.25: continued



### 316109 

### (b) 

### Defmitions. Tenns used in 

### 310 CMR 7
.25 are defmed at31 0 CMR 

### 7
.00: Definitions 

### or in 310 CMR 7.25. Where a term is defined in both 310 CMR 7.00: 

### Definitions and 

### in 310 CMR 7.25, tbe definition in 310 CMR 7.25 shall apply. ACP EXECUTIVE ORDER means the document approved and signed by CARB that includes the conditions and requirements ofthe ACP, and which allows a manufacturer to sell products in the state of California tmder the ACP. ADHESIVE means any product that is used to bond one surface to another by attachment Adhesive does not include products used on humans and animals, adhesive tape, contactpaper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate. For Contact Adhesive, "adhesive" does not include tmits ofproduct, Jess packaging, which consist ofmore than one gallon. For Construction, Panel, and Floor Covering Adhesive, and General Purpose Adhesive, "adhesive" does not include units of product, less packaging, which weigh more than one potmd and consist ofmore than 16 fluid ounces. This limitation does not apply to aerosol adhesives. ADHESIVE REMOVER means a product designed to remove adhesive from either a specific type ofsubstrate or a variety of types ofsubstrates. Adhesive removers do not include products that remove adhesives intended for use on hllll1ans or anin1als. For the purpose of 310 (..'MR. 7.25(1l)(b): ADHESIVEREMOVERand3lOCMR 7.25(1l)(b): ADHESIVEREMOVERl. through 4
. , the term "adhesive" shall mean a substance used to bind one or more mat erials

. Adhesive includes, but is not limited to: caulks; sealants; glues; or sirni.lar substances used for the purpose of forming a bond. I. FLOOR AND WALL COVERING ADHESIVE REMOVER means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate; 2. GASKET OR THREAD LOCKJNG ADHESIVE REMOVER means a product designed or labeled to remove gaskets or thread locking adhes i ves. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered Gasket or Thread Locking Adhesive Remover. 3. GENERAL PURPOSE ADHESIVE REMOVER means a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety oftypes of substrates. General Purpose Adhesive Remover includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; de>.irin or starchbased adhesives; casein glues; rubber or latex-based adhesives; as w ell as products that remove stickers; decals; stencils; or similar materials. General Purpose Adhesive Remover does not include Floor or Wall Covering Adhesive Remover. 4. SPECIALlY ADHESIVE REMOVER means a product designed to remove reactive adhesives from a variety ofsubstrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur . Examples ofreactive adhesives include, but are not limited to: epoxies, urethanes, and silicones. Specialty Adhesive Remover does not include Gasket or Thread Locldng Adhesive Remover. AEROSOL ADHESIVE means an a erosol adhesive product in which the spray mechanism is permanently housed in a non-refillable can designed for hand

-held application without the need for ancillary hoses or spray equipment. Aerosol Adhesives include Special Purpose Spray Adhesives, Mist Spray Adhesives, and Web Spray Adhesives. AEROSOL COOKING SPRAY means any aerosol product designed either to reduce sticking on cooking and baking swfaces or to be applied on food, or both. AEROSOL PRODUCT means apressurized spray system that dispenses product ingredients by means of a propellant contained in a product's container or a mechanically induced force. Aerosol Product does not include Pump Spray. AGRJCUL1lJRAL USE means the use ofany pesticide or method or device for the control 

### of pests in connection with the commercial production, storage or processing of any animal or plant crop. Agricultural Use does not include the sale or use of pesticides in properly labeled packages or containers that are intended for home use; use in structural pest control; industrial use ; or institutional use. For the ptuposes ofthis definition only: 310 CMR

- 250
.72
. 10.2310 CMR: DEPAR TMENT OF ENVIRONMENTAL PROTECTION
7.25: continued



### 316109 I. HOME USE means use in a household or its immediate environment 2. STRUCTURAL PEST CONTROL USE means a use requiring a license under the Massachusetts Pesticide Control Act 3. INDUSTRIAL USE means use for or in a manufacturing, mining, or chemical process or use in the operation offactories, processing plants, and similar sites. 4. INSTITUTIONAL USE means use within the lines ofor on property necessary for the operation ofbuildings such as hospitals, schools, libraries, and auditoriums. AIR FRESHENER means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. Air Freshener includes dual-purpose air freshener/ disinfectant products. Air Freshener does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label, or Toilet/Urinary Care Products, disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial

.channels of distribution

. Air Freshener does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels ofdistribution. To determine whether aproduct is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) shall not constitute a claim of air freshening. ALL OTHER CARBON CONT AIN1NG COMPOUNDS means any other compound that contains at least one carbon atom and is not an Exempt Compound o r an L VP-VOC. ALL OTHER FORMS means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, All Other Forms include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes). ALTERNATIVE CONTROL PLAN or ACP means an emissions-averaging program approved by CARB pursuant to California Code of Regulations, Title 17, Subchapter 8.5, Article 4, Sections 94540-94555. ANTIMICROBIAL HAND OR BODY CLEANER OR SOAP means a cleaner, or soap, that is designed to reduce the level of microorganisms on the skin through germicidal activity. Antimicrobial Hand or Body Cleaner or Soap includes, but is not limited to antimicrobial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, preoperative skin preparations and surgical scrubs. Antimicrobial Hand or Body Cleaner or Soap does not include prescript ion drug products, Antiperspirants, Astringentff oner, Deodorant, Facial Cleane r or Soap, General-use Hand or Body Cleaner or Soap, Hand Dishwashing Detergent (including antimicrobial), Heavy-duty Hand Cleaner or Soap, Medicated Astringent/Medicated Toner, and Rubbing Alcohol. ANTIPERSPIRANT means any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeez.e bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population. ANTI-STATIC PRODUCT means a product that is labeled to eliminate, prevent; or inhibit the accumulation ofstatic electricity. Anti-Static Product does not include Electronic Cleaner, Floor Polish or Wax, Floor Coating, and products that meet the defmition of Aerosol Coating Product or Architectural Coating

. ARCHITECTURAL COATING means a coating to be applied to stationary structures or the appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. AS1M means the American Society for Testing and Materials.
310 CMR

- 250.72.10.3310 CMR: DEPARTMENT OF ENVIRONM ENTAL PROTECTION
7.25: continued

10/19/07 ASTRINGENT/TONER means any product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening por es. This category a lso includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, Med icated Astringent/Medicated Toner, cold cream, lotion, or antiperspirant. AUTOMOTIVE BRAKE CLEANER means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms. AUTOMOTIVE HARD PASTE WAX means an automotive wax or polish that is : I. designed to protect and impro ve the a ppearance of automotive paint surf aces; and 2. a solid at room temperature; and 3. contains 0% water by formulati on. AUTOMOTIVE INSTANT DETAJLER means a product designed for use in a pump spray that is applied to the painted surface of a utomobiles and wiped offprior to the product being allowed to dry. AUTOMOTIVE RUBBmG OR POLTStmqG COMPOUND means a product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protect ive barrier. AUTOMOTIVE WAX, POLISH. SEALANT OR GLAZE means a product des igned to sea l out moi sture, increase gloss, or otherwise enhance a motor vehi cle 's painted surfaces. Automotive Wax, Polish, Sealant or Glaze includes, but is not limited to, products desig ned for use in autobody repair shops and drive

-through car washes, as well as products designed for the general public. Automotive Wax, Polish. Sealant or Glaze does not include Automoti ve Rubbing or Poli shi n g Compounds, automotive wash and wax products, surfactant -containing car wash produ cts, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic. AUTOMOTIVE WINDSHIELD WASHER FLUID means any liquid designed for use in a motor vehicle windshield washer system either as antifreeze or for the purpose of cleaning , washing, or wetting the windshield. Automotive windshield washer fluid does not include fluids placed by t he manufacturer in a new vehicle

. BATHROOM AND TILE CLEANER means a product designed to clean tile or su rfaces in bathrooms. Bathroom and Tile Cleaner does not include produ cts designed primarily to clean toilet bowls, toilet t anks, or urinals. BUG AND TAR REMOVER means a product labeled to remove either or both o f the following from painted motor vehicle surfaces without causing damage to the finish: I
. biological-type residues such as insect carcasses and tree sap; and 2. road grime, such as road tar, roadway paint markings, and asphal t. 

### .cAR.!i means the California Air Resources Board. CARBURETOR OR FUEL-INJECTION A1R INTAKE CLEANERS m eans a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke , throttle body of a fuel-injection system, or associated linkages

. Carbur etor or fuel-injection air intake cleaners does not include products designed exclusively for direct introduction into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors. CARPET AND UPHOLSTERY CLEANER means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/o r on househo ld furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics

. Carpet and Upholstery Cleaner includes, but is not limited to, products that make f a bric protectant claims. Carpet and Upholstery Cleaner does not include General Purpose Cleaners, Spot Removers, vi nyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. 3 10 CMR- 250.72.10.4 

# (310 CMR: DEPARTMENT OF ENVIRONMENT AL PROTECTION
7
.25: continued

10/19/07 TYPE B PROPELLENT means any halocarbon that is used as a propellant, including chlorofluorocarbons (CFCs)
. hydrochlorofluorocarbons (HCFCs). and hydrofluorocarbons (HFCs). TYPE C PROPELLENT means any propellant !.hat is not a Type A or Type B propellant, including propane, isobutane, n- butane , and dimethyl e!.her (also known as dimethyl oxide)

. UNDERCOATING means any aeroso l product designed to impart a protective, non-paint l ayer to the undercarriage, trunk interior, and/or firewall of motor vehicles to pr event the formation of rust or to deaden sound. Undercoating includes, bu t is not limited to , rubberized, mastic, or asphaltic products

. USAGE DIRECTIONS means the text or graphics on the product's principal display panel, l abel, or accompanying literature !.hat describes to !.he end user how and in what quantity the produc t is to be used. VINYUEABRICILEATHERJPOLYCARBONATE COATING means a coating designed and labeled exclusively to coat vinyl, fabric, lea!.her, or polycarbonate substrates

. VOC CONTENT means except for charcoal lighter products, the total weight of VOC in a c onsumerproduct expressed as a percentage of !.he product weight (exclusive ofthe container or packaging), as determined pursuant to 310 CMR 7.25(12)(h)l. For charcoal lighter material products only

. VOC CONTENT= Certified Emissions 

## * I00 I Certified Use Rate. Where: Certified Emissions 

# = the emissions level for products approved by the CARB and as determi ned pursuant to Sou!.h Coast Air Quality Management District Rule 117 4 Ignition Method Compliance Certification Protocol (February 27. 1991), expressed to the nearest 0.001 pound CH2 per start. Certified Use Rate= the usage level for products approved by CARB and as determined pursuant to South Coast Air Quality Management District Rule 1 174 Ignition Method Compliance Certification Protocol (February 27
. 1991), expressed to the nearest 0 .001 pound certified product used per start. WASP AND HORNET D'JSECTICIDE means any insecticide product t h at is designed for use agains t wasps, hornets. yellow j ackets or bees by allowing t he user to spray from a distance a directed stream or burst at the intended insects, or their nest. W ATERPROOFER me ans a produ ct designed and labeled exclusively to repel water from fabric or lea!.her substrates. Waterproofer does not include Fabric Protectants. WAX means a materia l or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax includes, but is no t limit ed to , substances derived from the secretions of plants and animals such as camuba wax. and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene. WEB SPRAY ADHESIVE means any aerosol adhesive that is not a mist spray or special purpose spray adhes i ve. WOOD CLEANER means a product la beled to clean wooden materials including, but not limited to , decking, fences, flooring, logs , cabinetry , and furniture. Wood C leaner does not include Dusting Aid , General Purpose Cleaner, Furnit ure Maintenance Product, Floor Wax Stripper, Floor Polish or Wax, or products designed and labeled exclusively to preserve or color wood

.
310 CMR- 250.72. 10.17

### 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.25: continued WOOD FLOOR WAX means wax based products for use solely on wood floors

. (c) Standards

. 1. 

### VOC Content Limits. Except as provided in 310 CMR 7.25(12)(d) (Variances), 310 CMR 7.25(12 )(

e) (l.Jmovative Products), and 310 CMR 7.25(12)(i) (Alternative Control Plans), no person subject to 310 CMR 7.25 shall: a. manufacture for use \vithin Massachusetts; or b. sell, supply, or offer for sale within Massachusetts any consumer product that contains volatile organic compounds in excess of the limits specified in 

### 310 CMR 7.25(ll)(c)l.: 

### Table 2
. Table 2. VOC Content Limits for Consumer Products Effective January I, 

### 2009 Product Category Percent VOC by 

### Weight (%W) 

### Adhesive Removers

Floor or Wall Covering 5 Gasket or Thread Locking 50 General Purpose 20 Specialty 70 Adhesives

Aerosol:

Mist Spray 65 Web Spray 55 Special Purpose Spray Adhesives:

Mounting; Automotive Engine Compartment; Flexible Vinyl 70 Polystyrene Foam and Automobile Headliner 65 Polyolefm and Laminate Repair!Edgebanding 60 Construction, Panel, and Floor Covering 15 Contact:

General Purpose 55 Special Purpose 80 General Purpose 10 Structural Waterproof 15 Air 

### Fresheners

Single-phase Aerosols 30 Double-phase Aerosols 25 Liquids/pump Sprays 18 Solids/Semisolid 3 

### Antiperspirants

Aerosol 40HVOC IOMVOC Non-aerosol OHVOC OMVOC Anti-static

Non-aerosol 11 Automotive Brake Cleaners 45 Automotive Rubbing or Polishing Compound 17 Automotive Wax, Polish, Sealant or Glaze

Hard Paste Waxes 45 I 

### Instant Detailers 3

All Other Forms 15 Automotive Wmdshield Washer Fluids 35 Bathroom and Tile Cleaners

Aerosols 

### 7 All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-injection Air Intake Cleaners 45

316109 

### 310 CMR

- 250.72
. 10
. 187.25: continued

3/6/09 310 CMR: DEPAR.TMENT OF ENVIRONMENTAL PROTECTION

3
. Sell-through of Consumer Products. a A consumer product listed in 310 CMR 7.25(12)(c)l.: 

### Table 2 and manufactured prior to the effective date specified in 310 CMR 7.25(12)(c)l., may be sold, supplied, or offered for sale after the effective date specified in 310 CMR 7.25(12)(c)l.: 

### Table 2, so long as the consumer product complied**'~~th** the VOC content standards and other applicable requirements in effect at the time the consumer product was manufacttu'ed. This does not apply to the following: i. Any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, in accordance with 310 CMR 7.25(12)(f)l. ii. Any consumer product on which the manufacturer has used a code indicating the date of manufacture that is different than the code specified in 310 CMR 7.25(12)(f)l.e.ii., but an explanation of the code has not been filed with the Department by the deadlines specified in 310 CMR 7
.25(12)(f)l.e.i. m. Solid Air Fresheners and Toilet/Urinal Care Products that contain paradichlorobenzene

. These products are subject to a one-year sell-through period as provided in 310 CMR 7.25(12)(c)l3

.b. 4. Exclusions. 

### a The VOC content standards specified in 310 CI\1R 7.25(12)(c)l. shall not apply to : i. Any LVP-VOC. ii. F ragrances up to a combined level of 2% by weight contained in any consumer product, and colorants up to a combined level of 2% by weight contained in any antiperspirant or deodorant iii. VOCs that contain more than ten carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure oftwo nun Hg or less at 20°C in antiperspirants or deodorants. iv. Air fresheners that are comprised entirely offragrance, less compounds not defined as VOCs in 310 CMR 7.25(!2)(b) or exempted under 310 CMR 7.25(!2)(c)4.a.i. v. Insecticides containing at least 98% paradichlorobenzene

. vi. Adhesives sold in containers of one fluid ounce or less. vii. Bait Station Insecticides

. For the purpose of31 0 CMR 7.25(ll)(c)4., bait station insecticides are containers encl osing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5% active ingredients. b. The medium volatility organic compound (MVOC) content standards specified in 310 CMR 7.25(12)(c)J. for antiperspirants or deodorants shall not apply to ethanol. 5. Use ofToxic Air Contaminants in Antiperspirant or Deodorant. No person shall sell, supply, offer for sale, or manufacture any antiperspirant or deodorant for use in Massachusetts that contains any compound that has bee n identified by the CARBin Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000, as a toxic air contaminant. 6. Products that are Diluted Prior to Use. 

### a. For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the limits specified in 310 CMR 7.25(12)( c) I
. shall apply to the product only after the minimum recommended dilution has taken place. For purposes of 310 CMR 7.25(ll)(c)6., minimum recommended dilution shall not include recommendations for incidental use ofa concentrated product to deal with limited special applications such as hard-to-remove soils or stains. b. For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the 

### limits specified in 310 CMR 7.25(12)(c ) t. shall apply to the product only after the maximum recommended dilution has taken place

.

310 CMR- 250.72.10.217.25: continued

3/6/09 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

7. Products Registered Under FIFRA. a. For consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. § 136-136y), the effective date of the VOC standards is one year after the date specified in 310 CMR. 7.25(12)(c)l.: Table 2 Such products shall also be registered under the Massachusetts Pesticide Control Act b. The labeling requirements of 31 0 CMR 7.25(1 2)(t) do not apply to products that are registered as pesticides under FIFRA and under the Massachusetts Pesticide Control Act 8. Charcoal Lighter Materials. No person shall sell, supply, offer for sale or manufacture for use in Massachusetts any charcoal lighter materials as defmed in 310 CMR 7.25(12)(b) unless the manufacturer of that product has been granted a currently effective charcoal lighter materials certification (Executive Order) for that product by CARB under the Consumer Products provisions ofTitle 17 California Code ofRegulations, § 94509(h). A copy ofthe certification decision by CARB, including all conditions established by CARB applicable to the certification, shall be submitted to the Department**v.~thin** 30 clays upon the Department's written request. 9. Aerosol Adhesives. a These standards apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in 310 CMR 7.25(12)( c )3. (Sell

-Through ofConsumer Products), 31 0 CMR 7.25( 12)( d) (Variances), 310 CMR 7.25(12)(e) (Innovative Products), and 310 CMR 7.25(12)(i) (Alternative Control Plans), no person shall sell, supply, offer for sale, or manufacture any aerosol adhesive for use in Massachusetts that, at the time ofsale, use, or manufacture, contains VOCs in excess ofthe specifie4 standard. b. No person shall sell, supply, offer for sale, or manufacture any aerosol adhesive for use in Massachusetts that, at the time of sale, use, or manufacture, contains any of the following compounds: methylene chloride, pcrchloroethylene, o r trichloroethylene. c. Ifa product meets more than one of the definitions specified in 310 CMR 7
.25(12)(b) for Special Purpose Spray Adhesive, then the VOC limit for the product shall be the lowest applicable VOC limit specified in 310 CMR 7.25(12)(c)l.: Table 2
. 10. Floor Wax Stripoers. Effective January I, 2009, no person shall sell, supply, offer for sale or manufacture any floor wax stripper for use in Massachusetts unless the following requirements are met: a The label ofeach non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results 

### in an as-used VOC concentration of 3% by weight or less. b. 

### Ifa non-aerosol floor wax stripper is 

### also intended to be used for removal of heavy build-up of polish, the label ofthat floor wax stripper must specify a dilution ratio for its use on heavy build-up of polish that results in an as-used VOC concentration of 12% by weight o r less. c. The term " light build-up", "medium build-up", or "heavy bui l d-up" is not specifically required, as long as comparable terminology is used. II. Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products. and Genera} Purpose Degreasers. a Except as provided in 310 CMR 7.25(12)(c)ll.b

., 310 CMR 7
.25(12)(c)ll.c., and 310 CMR 7
.25(12)(c)ll.d., effective January I, 2009, no person shall sell, supply, offer for sale, ormanufacture for use in Massachusetts any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. b. Impurities. The requirements of 310 CMR. 7.25(12)(c)ll.a shall not apply to any contact adbesive, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than O.Ql% by weight.

310 CMR- 250.72.10.22 

## (310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
7.25: continued

3/6/09 (h) Compliance Testing Requirements

. l. The responsible 

### party shall determine compliance 

### with the VOC 

### content requirements 

### of tlris regulation according to one of the following: a. CARB Method 310 Detennination of Volatile Organic Compotmds (VOC) in 

### Consumer Products and Reactive Organic Compounds in Aerosol Coating Products, adopted September 25, 1997, and as last amended on May 5, 2005; ' b. An alternative test method to CARB Method specified in 310 CMR 7.25(12)(h)l.a

. that is shown to accurately determine the concentration ofVOCs in a subject product, or its emissions, ifthe applicant has received an approval from CARB for the alternative test method for detemllning the VOC content of the subjectproduct and the applicant submits to the Department 

### a copy of the CARB Executive Order, including all applicable conditions and limitations; · c. VOC content determination using product formulation and records. i. Testing to determine compliance with the requirements of31 0 CMR 7.25 may be demonstrated through calculation ofthe VOC content from records ofthe amotmts ofconstituents used to make the product pursuant to the following equation: VOC Content= (B-C) x 100/A where, A= total net weight of unit (excluding container and packaging) B =total weight ofall VOCs, as defined in 310 CMR 7.25(12)(b), per unit C =total weight ofVOCs exempted tmder 3 10 CMR 7.25(12)(c)4., per unit ii. Tf product records demonstrate compliance with the VOC linrits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 3 1 0 shall take precedence over the product records and may be used to establish 

### a violation ofthe requirements of310 CMR 7
.25. ui. Con1pliance detenninations based on product formulation records may not be used tmless the manufacturer ofa consumer product keeps accurate records for each day of production ofthe amotmt and chemical composition of the individual product constituents. These records shall be ke pt for at least three years. 2
. Testing to determine whether 

### a product is a liquid or solid shall be perf ormed using ASTM D4359-90(2000)e I, 

### Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, ASTM International. 3. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedur es specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Table 1, Section 200.9)(February 28, 1991 )
. 4
. Testing to determine distillation points ofpetroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-04b, 

### Standard Test Method for Distillation of

Petroleum Products atAtmospheric Pressure, ASTM International. 5. Testing to determine plasticizer in flexible vinyl adhesive shall be performed using ASTMD 1 045-95(2001 ), 

### Standard Test Methods for Sampling andTesting Plasticizers Used in Plastics, ASTM International. 6. Records shall accurately reflect the constituents used to manufacture a product, the chemical composition ofthe individual product, and any other test, processes, or records used in connection with product manufacture. (i) Alternative Control Plans. I. The VOC content limits specified in 310 CMR 7.25(12)(c)l.: Table 2
. shall not apply to any manufacturer for any consumer product that is suBject to an ACP for the period oftime that the ACP remains in effect provided that the manufacturer complies**v.~th** all conditions 

### and requirements ofthe ACP 

### Executive Order.

310 CMR- 250.72.10.29

### 7.25: continued

3/6/09 310 

### CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

2. Any 

### manufacturer who claims 

### an exemption pursuant to 310 

### CMR 7 .25(12Xi) I. 

### shall submit to the Department a copy of the ACP Executive Order within 30 

### days of receiving the ACP Executive Order from CARB 3. Any manufacturer who claims an exemption pursuant to 310 C.MR 7.25(12Xi)l. shall notify the Department within 30 days of any violation ofthe ACP as determined by CARB pursuant to California Code of Regulations, Title 17, Subchapter 8.5, Article 4, Section 94546.

310 

### CMR- 250.72.10.30

### Final Regulations 310 CMR 7 .00 12/17/2008
AMEND 310 CMR 

### 7.25: U Best Available Contro ls for Consumer and Commercial Products ( 1 2) Consumer Products.
(b) Defin itions. Terms used in 310 CMR 7.25 are defined at 310 CMR 7.00: Dei:i nitions or in 310 CMR 7.25. Where a term i s d e fined in both 310 CMR 7.00: D e finition s and in 310 CMR 7.25, the definition in 3 10 CMR 7.25 s hall apply.

ALL OTHER FORMS means a ll consumer product f orms f o r w hich no form-spec ific VOC standard is s pecified. U nl ess s pecified otherwise by the appli ca ble VOC standard , A ll Other Forms include , but are not limited to, solids , liqui d s, w icks , powders, crystals, and cloth or paper wipes (towelettes)
. ALTE R NATIVE CO I\TROL PLA1'J o r A C P me ans an emi ssions-averaging prog ram approved bv 

### CARB purs uant to C alif orni a C o de of Regul ations, Title 17
. Subchapter 8.5 , A rticle 

### 4, Section s 94540-94 555. A CP E XI :: CUTIVE 

## ORDER means 

## the d oc um ent approved and s ig ned 

## bv C A RB 

## that includ e s the condition s 

## and requirem e nts 

## of the A CP
. and which a ll o\ · V

S 

## a man ufacturer to sell prod ucts in th e State 

# o rCali lorni a un de r the t\CP.
(c) Standard s . 

### 1. VOC Content Limi ts. Except as provi ded in

. 7.25(12)(c)4
. (Exclusions). 7.25( 12)(d) (Variancest afld-7.25 ( 1 2)(e) ( Innovative Products), and 7. 2 5(l2)( i) (Alternative Contro l Plans), no pe rson subject to thi s regu lation shall : (i) manufacture fo r use w ithin Massachusetts, or ( ii ) sell, s uppl y, or off er for sale w ithin Massachusetts any consumer product that contains volatil e organi c compound s in excess of the limi ts s pecified in Tab l e 2.

9. Aerosol Ad hesives. a. These standards app ly to all uses of aeroso l adhe sives , including consumer, industria l , and commercial uses. Except as o therwise provid ed in sections 7
.25( 12)(c)3. (Sell-Through of Con s umer Products), 7.25( 12)(d) ( V a ri ances), tm&- 7.25(12)(e) (Innovative Products), and 7.2 5 ( 12 ')( i) (A lternative C o ntrol Pla ns). no person s h a ll sell, supply, offer for sale, or m anufacture any aero s ol adhesive for use in Massachusetts that, at the time of sale, use, or manufacture, contains VOCs 

### in excess of t h e specified s tandard. b. No p erson shall sell , supply , offer for sale, or manufacture any aeroso l adhesive for use in Massachusetts that, at the time of sale , use, or manufacture, contains any of the following compounds: methyl en e chloride , perchloroethylene, or trichloroethylene. c. If a product meets more than one of the definition s s pecified in 7 .25( 12)(b) for Special Purpose Spray Adhes ive, then the VOC limit for the product s hall be the lowest applicable VOC limit s p ecified in 7.25(12)(c) I. , Tabl e 2.

### (i) Alternat ive Control Plans. 

### I. 

## The VOC 

## content limits specified in 310 CMR 7.25( 12)(c ) 1.: 

### Table 

## 2. shall not apply to 

## an v manufacturer for any constm1er produ ct that is subject to 

## an ACP for the perigd of time that the ACP 

### remains in effect provided that the manufacturer complies with all conditions and rcg ujrements of the ACP Executive Order. 2. Anv manufacturer w ho claims an exemption pw·suant to 310 CMR 7
. ?5(12)(i)l. sha ll submit to the Depmtment a copv of the ACP Executjve Order within 3 0 d avs of rec e ivi ng the ACP Executive Order from CARB 

### 3, Any manufacturer wh o claims an .exemption pursuant to 

### 310 CMR 7.25( 12)(i)1. shall notifv !he Department within 30 davs of any vio lat ion o r 

### the ACP as determined bv 

### CARB pu rs uant to California Code of Regulations. Title 17, Subchapter 

### 8.5.**&J..i~lL~.,_ Sect_ism**  

### 94. 546.:.


### AMEND 310 CMR 7.00 Definitions VOLATILE ORGANIC COMPOUND is any compound of carbon which participates in atmospheric photochemical reactions. For the purpose of determining compliance, VOC is measured by the applicable reference test methods specified in 40 CFR 60. 310 CMR 7.00: VOLA TILE ORGANIC COMPOUND includes all organic compounds except the fo ll owing: CAS Number Chemical Name

163702054 54376602 163702065



### AMEND 310 CMR 7.03(16) HFE-7200 or C4F90C2H5 ( 1-ethoxy-1, I 

### ,2,2 , 3 ,3, 4,4,4- nonafluorobutane), H FE-7300 or L- 14787 

### or C2F5CF(OCH3)CF(CF3) 2 

### (l

. 1,1.2,2.3,4.5,5.5-decailuoro-3-methoxv-4-1rit1uoromethvl- p entane) (CF3)2CFCF20C2H5 (2-(ethoxydifluoromethyl)-1, 1,1 ,2,3,3,3-heptafluoropropane),

( 16 ) Paint Spray Booths. Construction, substantial reconstruction or alteration of any paint spray booth utilizing coatings , thinners, reducers and clemmp solutions, and complying with the applicable performance standard of 310 CMR 7
.03(16)(b

### ) 1. shall be subject to the requirements in either 310 CMR 7.03(16)(a)l. or (a)2. (g) For surface preparation, prior to coating, the YOC content of any surface preparation solution shall not exceed 1.67 pounds per gallon. Th is requirement is not applicable to cleanup solutions, '.vhich are reu sed as thinners/redu cers for coatings

. However, for surface preparation ofplastic parts the VOC content of the surface preparation solution shall not exceed 6
. 5 pounds ofVOC per gallon.