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 

TIMOTHY 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 

Regulatory Authority: 

M.G.L. Chapter 111, §§ 142A through 142N 

October 17, 2008 

This information is """il>~blc in altcrnnl~ formal. Call Donald M. Comes, ADA Coordinator at617-S%- IOS7. TOO# 1-1166-539-7622 or 1-617-57+.6868. 

MassDEP on the World Wide Web: http:/lwww.mass.gov/dep 

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I. INTRODUCTION 

The Massachusetts Department of Environmental Protection (MassDEP) proposes to amend its 

regulations 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 

of exempt 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 

Consumer Products Alternative 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), which in turn is based on rules 

developed by the California 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 allows 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 applicable 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 provisions. In its Response to Comments, MassDEP 

agreed with the benefits that an ACP provision would provide and committed to proposing draft 

ACP provisions. MassDEP now is proposing to include an ACP provision 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. MassDEP believes that the best approach to maintain consistency is to accept in 

Massachusetts A CPs 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 Document for Proposed Amendments to 310 

CMR 7.25 and October 2007 Response to Comments at www.mass.gov/dep/servicc/rcgulations/regsarch.htm#aimcp 
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 

state rules. 

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 of V OC at 40 CFR Part 51 .1 00( s) for ozone 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 strategies. 

According to EPA, scientific evidence shows that HFE-7300 is negligibly reactive, meaning it 

contributes little or nothing to the formation of ground-level ozone. HFE-7300 is used as a heat 

transfer fluid and for other heat transfer applications. It also may be used as an alternative to 

chlorofluorocarbons (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 with high 

global warming potentials. 

MassDEP proposes to provide this same exemption in 310 CMR 7.00. The effect of this 

exemption would be that facilities that use or produce HFE-7300 and that are subject to 

MassDEP regulations limiting the use ofVOC in products and/or facility emissions for purposes 

related to attaining the ozone National Ambient Air Quality Standards would no longer be 

required to count HFE- 7300 as a VOC in determining 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 

deleting "cleanup solution" 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 avoid 

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)] 

will make it easier and less costly for businesses to comply with the VOC emissions limits, 
reducing costs while still achieving (and potentially exceeding) the VOC emission reductions 

required by the rule. 

Exempting HFE-7300 from the definition of VOC and the technical correction to 310 CMR 

7 .03( 16)(g) will have no environmental impact, but will make Massachusetts rules clearer and 

consistent with federal rules. 

The proposed rules will have no impact on local governments. In addition, the proposed 

revisions are categorically exempt from the "Regulations Governing the Preparation of 

Environmental Impact Reports," 301 CMR 11.00, because the proposed amendments will not 

result in any increase in emissions. 

IV. PUBLIC HEARINGS AND COMMENT 

MassDEP plans to submit the final regulation revisions to EPA as part of its 8-hour ozone State 

Implementation Plan (SIP). Public hearings on the proposed revisions 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 of Environmental 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 in 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 intent; and 

4) 310 CMR 7 .18(8), Solvent Metal De greasing, 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 location to receive 

comments on the proposed amendments. Testimony may be presented 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/about/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 hearings, please contact Donald M. Gomes, MassDEP 

ADA coordinator, at 617-556-1057, TDD Service 1-800-298-2207, 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 617-5 7 4-6801. 

By orde r of the 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 STREET, BOSTON, MA 02108 617-292-5500 

CERTIFICATION 

IAN A. BOWLES 

Secretary 

LAURIE BURT 

Commissioner 

RE: Public 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 of the 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 hearings 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 specified the locations at which the proposed revisions and supporting 

information were available for public inspection. 

That the proposed revisions and supporting information were available at the locations 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 

conformance 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 illfornonti<lu is available in ultcrn:tle format. C111l Donald 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 

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DEVALL. PATRICK 

Governor 

TIMOTHY P. MURRAY 

Lie utenant Governor 

COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE O FFICE OF ENERGY & ENVIRONMENTAL AFFAIRS 

D EPARTMENT OF ENVIRONMENTAL P ROTECTION 

ONE WINTER STREET, BOSTON, MA 02108 6 17- 292 -5500 

Response To Comments On 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 

Regulatory Authority: 

M.G.L. c. 111 , Sections 142A through 142N 

December 2008 

IAN A. BOWLES 

Secretary 

LAURIE BURT 

Commissioner 

This inl'ormalion is a vaila ble in nll crnnle fo rma l. Cull Donald M. Comes, ADA Coordin nlor :II 617-556- 1057. TDD Service· 1-800-298-2207. 

MassOEP on the World Wide Web: http://www.mass.gov/dep 

0 Printed on 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 

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). 

MassDEP held a public hearing and solicited oral and written testimony on the proposed 

regulations 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 

proposed regulatory revisions in both the Springfield Republican and the Boston Globe, and 

notified interested parties via electronic mail. A public hearing was held on Tuesday, November 

25, 2008 in Boston, Massachusetts and the comment period closed on December 5, 2008. 

MassDEP received one comment during the public comment period from Anne Arnold, U.S. 

Environmental Protection Agency, Region 1, Boston, MA. Below is the comment received and 

MassDEP's response. 

1. Comment: Massachusetts should include language indicating that alternative compliance 

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 limits, and sales in one state are likely to be 

different from sales in another state. We suggest section 7 .25( 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. 

Additionally, revisions should be made to 7.25(12)(c)(9)(i) as shown below: 

(i) Alternative Control Plans. 

1. The YOC content limits specified in 310 CMR 7.25( 12)(c) 1.: Table 2. shall not apply 

to any manufacturer for any consumer product that is subject to an ACP for the period of 

time that the ACP remains in effect provided that the manufacturer complies with all 

conditions 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 needs to 

reflect this commitment and has left the regulation unchanged. 
Docket# 538 

THE COMMONWEALTH OF MASSACHUSETTS 

William Francis Galvin 

Secretary of the Commonwealth 

Regulation Filing To ba completed by filing agency 

CHAPTER NUMBER: 310 CMR 7.00 

---------------------------------------------------------------- CHAPTERTITLE: Air Pollution Cont r o l 

. '•, 

AGENCY: Department of Environmental Protection 

SUMMARY OF REGULATION: 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 correction 

to paint spray 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 adopted as an emergency, state the nature of the emergency. 

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 

Government Advisory Commission. 

Notice given in October 2008 to: Mass. Municipal Association, Dept. of Public Health, Local 

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 of the hearing or comment period be 

filed with the Secretary of the Commonwealth, published in appropriate newspapers, and sent to per~ons to 

whom specific notice must be given at least 21 days prior to such hearing or comment period. 

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

55 
FISCAL 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: 

SMALL BUSINESS IMPACT- State the impact of this 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. If the 

purpose of this 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 of the Code 

of Massachusetts Regulations (CMR) or repeal, replace or amend. 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 of the 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 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 

250.72.10.29, 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 EMISSIONS, 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 

compounds defined as VOC. 

VOC Composite Partial Pressure is calculated as follows: 

Where: 

Wi = Weight of the "i"th VOC compound, in grams 

Ww Weight of water, in grams 

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 following: 

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 (trichlorofluoromethane ), 

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-tetrafluoroethane), 

310 CMR- 199 
310 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-pentafluoropropanc), 

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-methoxypropane 

HFE-71 00 or C4 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 fluorinated 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 raises 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 or from municipal activities, or any 

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- 200 
310 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 of the 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 of dry 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 of at 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 

roof level. 

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 of coating used; 

b. Coating density (Pounds per gallon); 

c. Pounds ofVOC per gallon of coating; 

d. Pounds of solids per gallon of coating; 

e. Pounds of water per gallon of coating; 

f. Pounds of other non-VOC liquid per gallon of coating; and 

g. Pounds ofVOC per gallon of solids as applied. 

310 CMR- 225 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.03: continued 

12128/07 

2. Gallons of exempt/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) of each 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) indicating rate and total amount of groundwater being 

treated, if applicable; and 

4. On-site regeneration of carbon or regularly scheduled replacement of carbon, if used. 

(d) Sufficient records shall be prepared and maintained to demonstrate emissions 

compliance for each month. Records shall include, but are not limited to, the following, 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 reduction efficiency of the air 

pollution control system 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- 226 
310 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 Chemical 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 Designation 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 of a 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 of Volatile 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 of Procedures, Volume ill, adopted 

December 20, 1995. 

j. Exempt Compounds -Volatile Organic Compounds Exempted Under U.S. EPA 

Method 24. To determine 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 of Federal Regulations 

(CFR) Part 60, Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings. 

I. Alternative Methods for Determining VOC Content of Coatings. The VOC 

content 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., the 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- 250.72.10.1 
310 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 of the 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, contact paper, 

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 of product, Jess packaging, 

which consist of more 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 of more 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 of substrate or a variety of types of substrates. 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 materials. 

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 adhesives. 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 

of types 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 well 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 of substrates. Reactive adhesives include adhesives that require a 

hardener or catalyst in order for the bond to occur. Examples of reactive 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 aerosol 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 a pressurized 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. 

AGRJCUL 1lJRAL USE means the use of any 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 of this definition only: 

310 CMR - 250.72.10.2 
310 CMR: DEPARTMENT 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 of factories, processing plants, and similar sites. 

4. INSTITUTIONAL USE means use within the lines of or on property necessary for the 

operation of buildings 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 of distribution. 

To determine whether a product 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 or 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 prescription drug products, Antiperspirants, Astringentff oner, Deodorant, Facial 

Cleaner 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 of static 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 - 250.72.10.3 
310 CMR: DEPARTMENT OF ENVIRONMENTAL 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 pores. This category also includes clarifiers and substrate-impregnated 

products. This category does not include any hand, face, or body cleaner or soap product, 

Medicated 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 improve the appearance of automotive paint surfaces; and 

2. a solid at room temperature; and 

3. contains 0% water by formulation. 

AUTOMOTIVE INSTANT DETAJLER means a product designed for use in a pump spray 

that is applied to the painted surface of automobiles and wiped off prior 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 protective barrier. 

AUTOMOTIVE WAX, POLISH. SEALANT OR GLAZE means a product designed to seal 

out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. 

Automotive Wax, Polish, Sealant or Glaze includes, but is not limited to, products designed 

for use in auto body 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 

Automotive Rubbing or Polishing Compounds, automotive wash and wax products, 

surfactant-containing car wash products, 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 the manufacturer in a new vehicle. 

BATHROOM AND TILE CLEANER means a product designed to clean tile or surfaces in 

bathrooms. Bathroom and Tile Cleaner does not include products designed primarily to 

clean toilet bowls, toilet tanks, or urinals. 

BUG AND TAR REMOVER means a product labeled to remove either or both of 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 asphalt. 

.cAR.!i means the California Air Resources Board. 

CARBURETOR OR FUEL-INJECTION A1R INTAKE CLEANERS means 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. Carburetor 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/or on household 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 fabric protectant claims. Carpet and Upholstery Cleaner does 

not include General Purpose Cleaners, Spot Removers, vinyl or leather cleaners, dry cleaning 

fluids, or products designed exclusively for use at industrial facilities engaged in furniture 

or carpet manufacturing. 

310 CMR- 250.72.10.4 

( 
310 CMR: DEPARTMENT OF ENVIRONMENTAL 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 aerosol product designed to impart a protective, non-paint 

layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the 

formation of rust or to deaden sound. Undercoating includes, but is not limited to, 

rubberized, mastic, or asphaltic products. 

USAGE DIRECTIONS means the text or graphics on the product's principal display panel, 

label, or accompanying literature !.hat describes to !.he end user how and in what quantity the 

product 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 

consumer product expressed as a percentage of !.he product weight (exclusive of the container 

or packaging), as determined pursuant to 310 CMR 7.25(12)(h)l. 

For charcoal lighter material products only. 

VOC CONTENT= Certified Emissions * I 00 I Certified Use Rate. 

Where: 

Certified Emissions = the emissions level for products approved by the CARB and as 

determined 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 1174 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 that is designed for 

use against wasps, hornets. yellow jackets or bees by allowing the user to spray from a 

distance a directed stream or burst at the intended insects, or their nest. 

W ATERPROOFER means a product designed and labeled exclusively to repel water from 

fabric or lea!.her substrates. Waterproofer does not include Fabric Protectants. 

WAX means a material 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 not limited 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 adhesive. 

WOOD CLEANER means a product labeled to clean wooden materials including, but not 

limited to, decking, fences, flooring, logs, cabinetry, and furniture. Wood Cleaner does not 

include Dusting Aid, General Purpose Cleaner, Furniture 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 - 250.72.10.18 
7.25: continued 

3/6/09 

310 CMR: DEP AR.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. Fragrances 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 of two nun Hg or 

less at 20°C in antiperspirants or deodorants. 

iv. Air fresheners that are comprised entirely of fragrance, 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 enclosing 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 of Toxic 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 been 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 of a 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- 250.72.10.21 
7.25: 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 of Regulations, § 94509(h). A copy of the 

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 of Consumer 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 of sale, use, or manufacture, contains 

VOCs in excess of the 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, or trichloroethylene. 

c. If a 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 of each 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. If a non-aerosol floor wax stripper is also intended to be used for removal of heavy 

build-up of polish, the label of that 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 or less. 

c. The term "light build-up", "medium build-up", or "heavy build-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, or manufacture 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 adbesi ve, 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, if the applicant has received an approval from CARB for the alternative test 

method for detemllning the VOC content of the subject product 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 of the V OC content from records of the amotmts 

of constituents 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 of all VOCs, as defined in 310 CMR 7.25(12)(b), per unit 

C =total weight ofVOCs exempted tmder 310 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 31 0 shall take precedence over the product records and may 

be used to establish a violation of the requirements of310 CMR 7.25. 

ui. Con1pliance detenninations based on product formulation records may not be 

used tmless the manufacturer of a consumer product keeps accurate records for each 

day of production of the amotmt and chemical composition of the individual product 

constituents. These records shall be kept for at least three years. 

2. Testing to determine whether a product is a liquid or solid shall be performed 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 procedures 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 of petroleum distillate-based charcoal lighter 

materials shall be performed using ASTM D86-04b, Standard Test Method for Distillation 

of Petroleum Products at Atmospheric 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 and Testing Plasticizers Used 

in Plastics, ASTM International. 

6. Records shall accurately reflect the constituents used to manufacture a product, the 

chemical composition of the 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 of time 

that the ACP remains in effect provided that the manufacturer complies v.~th all conditions 

and requirements of the 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 of the 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 Controls for Consumer and Commercial Products 

(12) Consumer Products. 

(b) Definitions. Terms used in 310 CMR 7.25 are defined at 310 CMR 7.00: Dei:initions or in 310 

CMR 7.25. Where a term is defined in both 310 CMR 7.00: Definitions and in 310 CMR 7.25, the 

definition in 3 10 CMR 7.25 shall apply. 

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 COI\TROL PLA1'J or ACP means an emissions-averaging program approved bv 

CARB pursuant to California Code of Regul ations, Title 17. Subchapter 8.5, Article 4, Sections 

94540-94555. 

ACP EXI::CUTIVE ORDER means the document approved and signed bv CARB that includes the 

conditions and requirements of the ACP. and which allo\·VS a manufacturer to sell products in the 

State or Cali lornia under the t\CP. 

(c) Standards. 

1. VOC Content Limits. Except as provided in. 7.25(12)(c)4. (Exclusions). 7.25( 12)(d) 

(Variancest afld-7.25(12)(e) (Innovative Products), and 7.25(l2)(i) (Alternative Control Plans), 

no person subject to this regulation shall : (i) manufacture for use within Massachusetts, or (ii) 

sell, supply, or offer for sale within Massachusetts any consumer product that contains volatile 

organic compounds in excess of the limits specified in Table 2. 

9. Aerosol Adhesives. 

a. These standards apply to all uses of aerosol adhesives, including consumer, industrial, 

and commercial uses. Except as otherwise provided in sections 7.25( 12)(c)3. (Sell-Through 

of Consumer Products), 7.25( 12)(d) (Variances), tm&-7.25(12)(e) (Innovative Products), and 

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 of sale, use, or 

manufacture, contains VOCs in excess of the specified 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, perchloroethylene, or trichloroethylene. 

c. If a product meets more than one of the definitions specified in 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 7.25(12)(c) I., Table 2. 
(i) Alternative Control Plans. 

I. The VOC content limits specified in 310 CMR 7.25( 12)(c )1.: Table 2. shall not apply to anv 

manufacturer for any constm1er product 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 

rcgujrements of the ACP Executive Order. 

2. Anv manufacturer who claims an exemption pw·suant to 310 CMR 7.?5(12)(i)l. shall 

submit to the Depmtment a copv of the ACP Executjve Order within 30 davs of receiving the 

ACP Executive Order from CARB 

3, Any manufacturer who claims an. exemption pursuant to 310 CMR 7.25( 12)(i)1. shall notifv 

!he Department within 30 davs of any violation or the ACP as determined bv CARB pursuant 

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 following: 

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 ), 

HFE-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-pentane) 

(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. This requirement is not applicable to cleanup solutions, 

'.vhich are reused as thinners/reducers for coatings. However, for surface preparation of plastic 

parts the VOC content of the surface preparation solution shall not exceed 6.5 pounds ofVOC per 

gallon.