Final Section 6 - Page 1 of 12

SECTION 6 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) 

6.1 Purpose of Section 

This Section addresses the requirements for 8-hour ozone standard nonattainment areas with 

respect to Reasonably Available Control Technology (RACT). MassDEP certifies that all RACT 

measures adopted and in effect in Massachusetts pursuant to the 1-hour ozone standard continue 

to constitute RACT under the 8-hour ozone standard for all large point sources subject to RACT 

and for all source categories subject to RACT, except the following categories: solvent metal 

degreasing; gasoline dispensing vapor control; and asphalt paving. For these three categories, 

MassDEP has concluded that RACT measures previously adopted no longer constitute RACT 

and either has promulgated, or is committing to promulgate, revised regulations that will further 

reduce emissions from these three source categories. For the category of Municipal Waste 

Combustors, MassDEP intends to conduct additional analysis as to whether existing NOx 

controls on this category still constitute RACT. Massachusetts RACT source categories and 

large point sources are listed in Tables 1-3 at the end of this Section. 

6.2 Overview of 1-Hour Ozone Standard RACT 

6.2.1 Pre-1990 VOC RACT Requirements

Prior to the 1990 CAA Amendments, RACT requirements were governed by CAA Section 

172(c), which provides that non-attainment areas must implement ... “all reasonably available 

control measures [RACM]...including such reductions in emissions from existing sources in the 

area as may be obtained through the adoption ... of reasonably available control technology

[RACT].” EPA has defined RACT as the lowest emission limit that a polluting source is capable 

of meeting if it uses pollution control equipment and/or material or process changes that are 

reasonably available considering costs and current technology. (44 FR 53762, September 17, 

1979) 

To assist states with implementation of RACT, EPA issued Control Technique Guidelines 

(CTGs) for various source categories of VOC emissions.1 CTGs establish a ``presumptive norm'' 

for RACT for the VOC source category addressed. Some CTGs cover only major2sources of 

VOC emissions. Other CTGs apply at thresholds below the major source level. In addition, 

states were required to adopt RACT controls for all major sources of VOCs, whether or not 

within a CTG source category.

6.2.2 1990 CAA Amendments

 

1. Prior to the 1990 CAA Amendments, EPA issued three sets of CTG documents: Group 1: 15 CTGs issued before 

January 1978; Group 2: 9 CTGs issued in 1978; and Group III: 5 CTGs issued in the early 1980s. (A list of all 

CTGs, as compiled by EPA, is in Table RACT-1.) 

2. The emission threshold for a major source varies. Prior to the 1990 CAA Amendments, major VOC sources were 

those with a potential to emit >100 tons of VOCs per year. After the 1990 Clear Air Act amendments, major source 

thresholds for VOC and NOx were tied to a non-attainment areas classification and whether the state is located 

within an ozone transport region. 
Final Section 6 - Page 2 of 12

The 1990 CAA Amendments made the general Section 172 RACT requirements more specific.

Amendments to section 182(a)(2)(A) required that ozone non-attainment areas classified as 

marginal or above “fix” any deficient VOC RACT rules by May 1991. A new provision, Section 

182(f), required states to adopt RACT for all major stationary NOx sources. Amendments to 

Section 184, which addresses control of ozone in an Ozone Transport Region,3lowered the 

major source applicability threshold of RACT for states within the OTR from sources with a 

potential to emit 100 tons of VOC per year to sources with a potential to emit 50 tons per year.

To assist states with NOx RACT implementation, EPA issued Alternative Control Technology 

Documents (ACTs), which provide analyses of the reductions that can be achieved with various 

controls at various levels of stringency, and the costs per ton to achieve those levels of control. 

Unlike CTGs, ACTs do not establish a presumptive RACT level of control. 

6.2.3 Massachusetts 1-Hour RACT Compliance 

During the late 1970s and the 1980s, MassDEP adopted and from time-to-time amended 310 

CMR 7.18 - Volatile and Halogenated Organic Compounds and 310 CMR 7.24 - Organic 

Material Storage and Distribution. These regulations established emissions controls on VOC 

sources consistent with EPA’s pre-1990 CTGs. EPA approved these regulations as meeting 

RACT and incorporated them into the Massachusetts ozone SIP.4 

The CTGs issued by EPA and the MassDEP regulation that was adopted to meet the presumptive 

level of RACT established in the CTG for RACT is listed in Table RACT-1. If there were no 

facilities within a CTG source category in the State, MassDEP submitted a “negative 

declaration” to EPA. The negative declarations are also listed in Table RACT 1. 

For major sources not within a CTG category, 310 CMR 7.18(17) provided for imposition of 

RACT controls through single-source RACT SIPs. Pursuant to this provision MassDEP 

determined what constituted RACT on a facility-by-facility basis for non-CTG major sources. 

EPA approved these single-source RACT determinations as part of the Massachusetts SIP; the 

facilities subject to single-source RACT are listed in Table RACT-2. 

To meet the 1990 CAA Amendment requirements, in 1991 MassDEP submitted SIP revisions to 

310 CMR 7.18 to correct RACT SIP deficiencies concerning automobile and metal parts coating 

and other minor deficiencies identified by EPA. In 1992, MassDEP amended its regulations to 

incorporate the lower RACT major source threshold of =>50 tons of VOC per year (vs. 100 

tons). 

To address the 1990 CAA NOx RACT requirement, MassDEP adopted 310 CMR 7.19, 

Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOx),

which established RACT for large, medium and small boilers; stationary combustion turbines; 

 

3 The Northeast Ozone Transport Region (OTR) comprises Connecticut, Delaware, the District of Columbia, 

Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, 

and northern Virginia. The OTC was created under the CAA to address ozone transport issues within the OTR. 

4 See 40 CFR 52.1167 for a complete list of the EPA-approved Massachusetts SIP revisions, including those related 

to RACT regulations and determinations.
Final Section 6 - Page 3 of 12

stationary reciprocating internal combustion engines; and glass melting furnaces. 310 CMR 

7.19(12) provided for single source NOx RACT determinations for major “miscellaneous” NOx 

sources with a potential to emit 50 tons or more per year of NOx. EPA approved the 

Massachusetts NOx RACT controls requirements, although Massachusetts NOx RACT 

regulations were in some cases adopted prior to issuance of EPA’s ACTs and therefore were not 

based on EPA’s ACT analysis.

Massachusetts has no outstanding 1-hour requirements to revise any existing RACT rules nor are 

there unresolved issues with respect to any Massachusetts 1-hour RACT determinations and SIP 

submittals. It has fully complied with all 1-hour RACT requirements.

6.2.4 Results of 1-Hour RACT Implementation in Massachusetts

Pursuant to MassDEP RACT regulations, Massachusetts sources subject to RACT substantially

reduced their emissions of VOCs and NOx. These reductions are dramatic in the stationary point 

source sector5, as illustrated in Figure RACT-1 below. As a result of the significant emissions 

reductions that have already been achieved in Massachusetts by large industrial sources, there are 

few, if any, cost-effective opportunities for sources to adopt any RACT controls that will further 

reduce VOC and NOx emissions. 

Between 1980 and 1987, VOC emissions from Massachusetts major VOC sources decreased 

from an estimated 192 tons per summer day in 1980 to 80 tons per summer day in 1987. (See 

Massachusetts Demonstration of Reasonable Further Progress, Ozone SIP, 1987, submitted 

September 1988, page 14, Table III-5; numbers have been converted from kilograms per year as 

reported in that SIP to tons per summer day.)

VOC emissions from point sources continued to decrease during the 1990s. The 2002 MA Base 

Year Inventory (Section 2) includes the following trends data for stationary point source6 VOC 

emissions: 

Figure RACT-1

Massachusetts Stationary Point Source VOC Emissions Trends

Tons per summer 

day

Tons per year

1990 64 17,324 

1993 61 19,165

1996 43 11,580

1999 28 9,831

2002 16 5,647

 

5. “Stationary point sources” is a term used for emissions inventory purposes; it refers to all facilities that report 

actual emissions of 10 tons per year or more of VOC. 

6. The universe of sources subject to VOC RACT is not identical to the universe of sources included in the 

stationary point source sector of the 2002 inventory because some CTG/RACT categories also cover smaller area 

source. 
Final Section 6 - Page 4 of 12

Massachusetts stationary point sources thus emit 48 TPSD fewer of VOCs (75% less) in 2002 

than in 1990 based on these estimates. 

As a result of the significant emission reductions that have taken place due to RACT regulations, 

as well as due to plant closures, point sources account for just 2% of total in-state anthropogenic

VOC emissions, as shown in the following Figure RACT-2 taken from the 2002 MA Base Year 

Inventory. 

 

With the adoption of NOx RACT regulations and the promulgation, in 1999, of MassDEP 

regulation 310 CMR 7.28, NOx Allowance Trading Program (NOx Budget Program - see 

discussion in Section 3, Control Measures), major NOx sources have significantly reduced 

emissions. The following data from the 2002 MA Base Year Inventory illustrates the amount of 

reductions.

Figure RACT-3

Massachusetts Stationary Point Source NOx Emissions Trends

Tons per summer day Tons per year

1990 318.1 115,752

1993 297.7 92,876

1996 171 56,883

1999 180 60,272

2002 129.6 45,590

Massachusetts stationary point sources7emit 188 TPSD fewer (60% less) NOx in 2002 than in 

1990 based on these estimates. As a result of the significant emission reductions that have taken 

 

7 As noted in footnote 5, this sector includes facilities with actual emissions over 10 tons per year NOx as reported 

annually by the facilities.

Figure RACT-2 

Massachusetts 2002 VOC Emissions by Source Sector

2002 VOCs Tons per year 

(TPY)

TPY % of 

total VOC 

inventory

Tons per 

summer day

(TPSD)

TPSD % of 

total VOC 

inventory

Stationary 

Point

5,647 2% 16 2%

Stationary

Area

159,753 57% 328 46%

On-Road 

Mobile

57,186 21% 152 21%

Off-Road 

Mobile

56,577 20% 224 31%

Total 279,163 100% 719 100%
Final Section 6 - Page 5 of 12

place due RACT regulations as well as plant closures, point sources now account for only 17.1% 

of total in-state NOx emissions on an annual basis and 16.9 % on a tons per summer day basis as 

shown in Figure RACT-4. 

Figure RACT- 4

Massachusetts 2002 NOx Emissions by Source Sector

2002 NOx Tons per year 

(TPY)

TPY % of 

Inventory

Tons per 

summer day

(TPSD)

TPSD % of 

Inventory

Stationary 

Point

45,590 17.1% 129.6 16.9%

Stationary

area

34,371 12.9% 39.1 5.1%

On-Road 

Mobile

143,368 53.9% 453.1 59.1%

Off-Road 

Mobile

42,906 16.1% 144.5 18.9%

TOTAL 266,235 100% 766.3 100%

6.3 8-Hour Ozone Standard RACT Requirements

6.3.1 Required Analysis

With respect to RACT, EPA’s Phase 2 Rule provides: 

Where a State has adopted, and EPA has approved, a control measure as RACT for a 

specific major stationary source or source category for the 1-hour ozone NAAQS and 

absent data indicating that the previous RACT determination is no longer appropriate, the 

State may submit a certification that the source is subject to a SIP-approved RACT 

requirement (70 FR 71652).

Subsequent to the issuance of the Phase 2 Rule, EPA developed questions and answers (Q&A) to 

further explain 8-hour ozone standard RACT SIP requirements. The Q&A document states that 

in order for a state to certify that previously required RACT controls or newly applied controls 

represent RACT for 8-hour ozone standard purposes, a state should evaluate RACT for a source 

or source category by examining EPA guidance and other information. When a state concludes 

that the existing level of control is RACT and that no control is required beyond what was 

required for the 1-hour standard, it must submit its conclusions in its RACT SIP. 

The state may address RACT through adoption of rules, submission of permits or through 

negative declarations stating that there are no sources subject to RACT. If the state determines 

that additional controls are needed to meet 8-hour ozone standard RACT requirements, the 

controls must be made federally enforceable through a SIP revision. Any new RACT 
Final Section 6 - Page 6 of 12

requirements must be implemented no later than May 1, 2009. Pursuant to EPA’s Phase 2 Rule, 

Massachusetts was required to submit a SIP addressing 8-hour ozone RACT requirements within 

29 months of EPA’s April 15, 2004 non-attainment areas designation. 

6.3.2 Applicable Thresholds

As noted previously, after the 1990 CAA Amendments, the applicable EPA major source 

thresholds for RACT in Massachusetts as a “serious” 1-hour non-attainment area were 50 tons 

per year for both VOCs and NOx.8 As a “moderate” 8-hour non-attainment area the applicable 

EPA RACT thresholds for Massachusetts are 50 tons per year for VOC and 100 tons per year for 

NOx. 

EPA revoked the 1-hour standard as of June 15, 2005; therefore, the 1-hour classification scheme 

and corresponding EPA RACT thresholds no longer apply. However, under EPA’s antibacksliding requirements (40 CFR 51.905) a state may not remove RACT requirements for 

sources that were subject to 1-hour standard RACT, even if they would not be subject to RACT 

under the non-attainment area’s 8-hour classification and applicable RACT threshold. Thus, any

source subject to NOx RACT because of the 50-ton per year threshold will continue to be subject 

to applicable regulations and existing permit conditions based on this threshold. 

However, pursuant to EPA’s Phase 2 Implementation Rule, a state is only required to certify that 

RACT under the 8-hour ozone standard is met for those non-CTG sources that EPA defines as 

major under the 8-hour ozone standard “moderate” classification (100 tons per year of NOx and 

50 tons per year of VOCs). Table RACT-2 indicates which Massachusetts sources are major 

under these EPA thresholds. 

As required by the Phase 2 Rule, MassDEP has reviewed its current RACT requirements. It has 

determined that VOC controls previously adopted as RACT for CTG source categories and nonCTG major sources still constitute RACT for 8-hour ozone standard purposes, except for four 

categories - solvent metal degreasing, gasoline dispensing vapor control, asphalt paving and 

Municipal Waste Combustor (MWCs). For the first three categories, MassDEP is adopting 

tighter regulations; for MWCs it will conduct additional analysis to determine if existing NOx 

controls on this category still constitute RACT. 

It has also determined that RACT controls adopted for major sources of NOx (100 tons per year) 

continue to constitute RACT. MassDEP has, therefore, certified in Tables RACT-1 and RACT-2 

that its current RACT controls meet 8-hour RACT requirements, except for the categories of 

solvent metal degreasing, gasoline dispensing vapor control and asphalt paving. MassDEP is 

committing to revise its regulations for these three categories. 

6.4 VOC RACT Analysis

 

8. In general, RACT applicability is based on a source’s potential to emit – i.e., uncontrolled emissions. However, 

under certain circumstances a source may not be subject to RACT if it has a federally enforceable restriction on the 

emission level or on its hours of operation, emission rate and throughput, that limit its potential to emit to below the 

RACT applicability threshold. 
Final Section 6 - Page 7 of 12

6.4.1 CTGs

As noted under the 1-hour RACT discussion, a state regulation imposing VOC controls that met 

EPA’s presumptive CTG control levels met 1-hour RACT requirements. Table RACT-1 lists the 

VOC source categories for which EPA issued CTGs and the existing MassDEP RACT regulation 

for each of these categories. MassDEP regulations that imposed VOC RACT requirements are 

310 CMR 7.18 - Volatile and Halogenated Organic Compounds and 310 CMR 7.24 - Organic 

Material Storage and Distribution. For all CTG categories, these MassDEP regulations either 

incorporated the CTG recommended controls or achieved reductions equivalent to the CTG 

controls and were approved by EPA for 1-hour RACT purposes. 

MassDEP has reviewed 310 CMR 7.18 and 310 CMR 7.24 to determine if the levels of control 

required by these regulations continue to constitute VOC RACT under the 8-hour ozone standard 

for sources covered by CTGs. It has determined that the current regulations governing emissions 

from CTG source categories constitute RACT, except for the three categories noted above and 

discussed below under “RACT Revisions for 8-Hour Ozone Standard.” Pursuant to the 

requirement of the Phase 2 Rule, MassDEP certifies in Table RACT-1 for each category that 

current RACT control meets 8-hour RACT. 

The CTG categories for which MassDEP submitted negative declarations stating that it did not 

have sources within a CTG category are also listed in Table RACT-1. MassDEP has reviewed 

its 2002 stationary point source inventory by reviewing its point source database for facilities 

with North American Industrial Classification System (NAICS) codes that correspond to the 

CTG categories for which Massachusetts submitted negative declarations. The 2002 inventory

data does not reflect the existence of any sources with NAICS codes that correspond to these 

categories. Therefore, MassDEP certifies in Table RACT-1 to the continued applicability of 

these negative declarations. 

6.4.2 New CTGs 

 

In October 2006, EPA adopted five new CTGs for the following source categories: three 

categories of printing: Lithographic Printing Materials, Letterpress Printing Materials, and 

Flexible Packaging Printing Materials; Flat Wood Paneling Coatings; and Industrial Cleaning 

Solvents. (71 FR 58745, October 5, 2006) States must submit SIP revisions incorporating these 

new CTGs within one year of EPA’s promulgation of the final CTG. SIP revisions for these 

CTGs are due by October 4, 2007. 

MassDEP has determined that there are no Massachusetts facilities that are subject to the Flat 

Wood Paneling CTG. The CTG for Industrial Cleaning Solvents contains VOC content, 

operations and equipment requirements for all industrial cleaning categories and operations9that 

have VOC emissions of at least 15 lb/day. However, the CTG recommends that states exclude 

from regulation under this CTG, cleaning operations that are covered by other CTGs that have 

 

9 EPA states that all operations evaluated to date by EPA can be categorized under one of the nine “Unit 

Operations” (UO) identified in the CTG: Spray Gun Cleaning; Spray Booth Cleaning; Large Manufactured 

Components Cleaning; Parts Cleaning; Equipment Cleaning; Line Cleaning; Floor Cleaning; Tank Cleaning; and 

Small Manufactured Components Cleaning.
Final Section 6 - Page 8 of 12

been, or may be developed for other categories, such as wood furniture coating, shipbuilding and 

repair coatings, metal furniture coatings, and plastic parts coatings. MassDEP has adopted VOC 

regulations addressing numerous other coating operations pursuant to previously-issue CTGs that 

include requirements related to cleaning solvents specific to these categories.(See Table RACT 

1.) 

MassDEP’s current Solvent Metal Degreasing regulations, 310 CMR 7.18(8), regulates solvent 

content within the Metal Degreasing category. MassDEP intends to adopt an amendment to that 

regulation to limit solvent vapor pressure. (See discussion of this proposed amendment under 

Section 6.6, RACT Revisions.) With the adoption of that amendment in 2008, MassDEP believes 

it will meet the requirements of this new CTG. 

With respect to the three CTGs for printing, MassDEP believes that its existing regulations for 

these categories may include controls that are equivalent to the CTG. It intends to analyze the 

CTG and Massachusetts sources that are covered by it and determine, in consultation with EPA, 

if that is the case. If additional regulations are required to meet the CTG for this category, 

MassDEP will adopt regulations and file a subsequent RACT SIP incorporating any regulations 

necessary to meet the presumptive RACT limits established in these new CTGs. 

On October 9, 2007, EPA issued new CTGs for the following source categories: 1. paper, film, 

and foil coatings; 2.metal furniture coatings, and; 3. large appliance coatings. States are required 

to submit SIP revisions addressing the new CTGs within one year of the date that they were 

issued. MassDEP has made a preliminary determination that there are no facilities in the state 

that are subject to the Large Appliance Coating CTG, as it has been proposed. It has made a 

preliminary determination that there are seven facilities that are subject to the proposed Paper, 

Film and Foil coating CTG and two facilities that are subject to the proposed Metal Furniture 

coating CTG. Once these CTGs are finalized, MassDEP will analyze them and, if necessary, 

adopt regulations and file a subsequent RACT SIP incorporating any regulations it determines 

are necessary to meet the presumptive RACT limits established in these new CTGs.

6.4.3 Non-CTG Major VOC Sources 

As previously discussed, States were required to adopt RACT controls for any non-CTG major 

VOC source. Massachusetts regulation 310 CMR 7.18(17) established requirements for major 

facilities not covered by a CTG. Such facilities are required to restrict emissions to a rate that is 

achievable through the implementation of RACT as required in an emission control plan specific 

to that facility. MassDEP issued a number of single-source RACT determinations pursuant to 

this provision. The single-source VOC RACT determinations, which were approved by EPA as 

part of the Massachusetts SIP, are listed in Table RACT-2 along with the date of the approvals 

and the current status of the facilities. For facilities that are still operating, MassDEP has 

concluded that these controls constitute RACT under the 8-hour standard. 

6.5 NOx RACT Analysis

MassDEP has reviewed 310 CMR 7.19, Reasonably Available Control Technology (RACT) for 

Sources of Oxides of Nitrogen (NOx), which established RACT for a number of NOx source 
Final Section 6 - Page 9 of 12

categories and provided for single source RACT determinations for major miscellaneous sources. 

The source categories covered in this regulation are: large, medium and small boilers; stationary

combustion turbines; stationary reciprocating internal combustion engines; glass melting 

furnaces; and miscellaneous sources. (Massachusetts adopted this NOx RACT regulation in 1995 

prior to EPA’s issuance of some of the ACTs for NOx. As noted above, ACTs do not establish 

presumptive RACT limits.) 

Except for MWCs (see below), MassDEP has determined that the NOx controls required by 310 

CMR 7.19 regulation continue to constitute NOx RACT under the 8-hour ozone standard for 

each of the source categories covered by that rule as well as for major sources of NOx for which 

single-source RACT determinations were made pursuant to 310 CMR 7.19(12). It certifies in 

Table RACT-1 that current Massachusetts NOx RACT constitutes 8-hour NOx RACT for the 

NOx categories listed and for the facilities for which single-source RACT determinations were 

made.

6.5.1 Municipal Waste Combustors (MWCs)

Massachusetts regulation, 310 CMR 7.19(9), established NOx RACT for the seven MWCs in 

Massachusetts, with a total of 16 combustor units, in 1995. The NOx emission limits for five of 

the facilities, with a total of 11 combustor units, were further restricted by 310 CMR 7.08(2), 

effective in 2000. These currently applicable limits are more stringent than 310 CMR 7.19(9) and 

are equivalent to emission limits established under EPA’s emissions guidelines (40 CFR 60 

Subpart Cb) for MWCs with a combustor capacity greater than 250 tons per day. One unit is 

subject to the more stringent emission limit in the New Source Performance Standard (NSPS) 

(40 CFR 60 Subpart Eb). The other two facilities have a combustor capacity less 250 tons per 

day, but are subject to the emission limitations contained in 310 CMR 7.08(2) and in the 

Operating Permit for each facility. The NSPS and emission guidelines require compliance with 

emission limitations for nine pollutants, including NOx, that reflect performance of what EPA 

has determined in the maximum achievable control technology (MACT) for these units. All of 

the MWCs in Massachusetts meet the emissions limits set in EPA’s MACT standard. 

In response to comments submitted by EPA on the proposed Ozone SIP with respect to MWCs, 

MassDEP will re-examine whether its current MACT regulations for MWCs, 310 CMR 7.08 (2), 

still constitute RACT. By April 1, 2008, it commits to do an additional analysis on whether it is 

cost effective to further reduce NOx emissions from existing MWCs. MassDEP will include 

stakeholders (i.e. the MWCs, municipalities, and environmental organizations) as part of this 

process. 

MassDEP expects to propose revisions to its MWC regulations by December 31, 2008 to 

comply with the U.S. EPA’s Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Stationary Sources: Large Municipal Waste Combustors, 40 

CFR 60 subpart Cb. Based on the findings of the additional RACT analysis, MassDEP will 

consider whether to include a proposal for more stringent NOx limits when it proposes the 

revisions to the Massachusetts MWC regulations.
Final Section 6 - Page 10 of 12

6.5.2 NOx Cap-and-Trade Program Sources 

Electric generation units (EGUs) and large industrial boilers in Massachusetts are subject to 310 

CMR 7.28, NOx Allowance Trading Program (NOx Budget Program), which caps emissions of 

NOx from covered sources for the 2003 through 2008 ozone seasons. This regulation was 

adopted in 1999 to meet the requirements of EPA’s NOx SIP Call (63 CFR 61712). EPA’s 

Phase 2 Rule provides that compliance with the NOx SIP Call, regardless of the manner of 

compliance by individual sources (e.g. control equipment installation or purchase of allowances 

from other sources), constitutes RACT. States need not submit 8-hour RACT analyses for 

sources in compliance with a SIP meeting the NOx SIP Call. EPA determined that the 

Massachusetts NOx Budget Program met the NOx SIP Call and approved it as part of the 

Massachusetts 1-hour Ozone SIP. Therefore, MassDEP certifies that all NOx sources regulated 

by 310 CMR 7.28 meet 8-hour ozone RACT requirements for 2003 - 2008. (These sources are 

listed in Table RACT-3.) 

Following the promulgation of EPA’s CAIR in 2005 (See Section 3, Control Measures for a 

discussion of CAIR and Massachusetts Clean Air Interstate Rule (Mass CAIR), the NOx SIP 

Call and MassDEP’s NOx Budget Program will be phased out. The Phase 2 Rule provides that 

EGU sources subject to CAIR, and non-EGU sources subject to the NOx SIP Call that are 

brought into the state’s CAIR program, meet 8-hour ozone RACT requirements. Mass CAIR, 

310 CMR 7.32, was promulgated on May 4, 2007 and approved by EPA on December 3, 2007 

(72 FR 67854). It regulates the same sources covered under the NOx Budget Program, but

imposes a lower ozone season NOx cap. Accordingly, MassDEP certifies that, all NOx sources 

regulated under MassCAIR (Table RACT-3) will meet 8-hour ozone standard RACT 

requirements, starting with the 2009 ozone season.

A significant subset of the largest fossil fuel-fired EGUs in Massachusetts are also subject to 

annual NOx emission limitations under 310 CMR 7.29, Emissions Standards for Power Plants, 

adopted in 2001. Depending upon the compliance path selected by the affected facilities, the 

facilities will comply with these more stringent than RACT output-based standards between 

2004 and 2008. The NOx provisions of 310 CMR 7.29 will be submitted to EPA as a SIP 

revision by March 1, 2008.

6.6 RACT Revisions 

MassDEP has determined that its existing solvent metal degreasing, gasoline dispensing vapor 

recovery, and asphalt paving regulations do not constitute RACT under the 8-hour ozone 

standard. It is revising its regulations for these categories to require additional VOC controls, as 

discussed below. 

6.6.1 Solvent Degreasing 

The CTG covering solvent metal degreasing applies to units that clean/degrease metal in three 

types of systems - cold cleaning, open top vapor degreasers and conveyorized degreasers. The 

control measures for this sector generally cover operating practices rather than establish emission 
Final Section 6 - Page 11 of 12

limits. Massachusetts regulation 310 CMR 7.18(8) incorporated the CTG requirement for this 

sector and met 1-hour RACT as noted in Table RACT-1.

MassDEP believes that its existing regulation for this category does not constitute what is 

currently reasonably available technology in light of the adoption in a number of other states in 

the OTC region of a vapor pressure limit for solvents used in cold cleaning. MassDEP will 

propose an amendment to 310 CMR 7.18 (8) to include the vapor pressure limitation for solvents 

used in cold cleaning consistent with the OTC Model Rule. Upon completion of this rule 

amendment process, Massachusetts will meet 8-hour RACT control requirements for this source 

category. MassDEP anticipates that the revised control requirements will be effective by January

1, 2009. 

6.6.2 Gasoline Dispensing Vapor Control 

 

The distribution of gasoline results in evaporative VOC emissions from each stage of the 

distribution process. Control of gasoline vapors during transfer of gasoline from tank trucks to 

gasoline storage tanks is referred to as “Stage I” control. EPA issued a CTG for Stage I controls 

in 1975. MassDEP regulation 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, governs 

Stage 1 controls. Control of gasoline vapors during vehicle refueling is referred to as “Stage II” 

control and is addressed in 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel. EPA did not 

issue a CTG related to Stage II control. 

Stage II control systems return vapors to gasoline tanks using either “vapor balance” or 

“vacuum assist” systems. Under the current requirements of 310 CMR 7.24(6), vapor balance 

systems installed on above ground gasoline storage tanks and all vacuum assist systems are 

required to install pressure/vacuum (P/V) vent caps, to further capture gasoline vapors. 

However, vapor balance systems installed on underground gasoline storage tanks are not 

required to install P/V vent caps. (MassDEP has, for many years, encouraged facilities to 

voluntarily install P/V vent caps.) 

MassDEP has concluded that the P/V vent caps should be required on vapor balance systems 

installed on underground storage tanks to further reduce evaporative emissions from vehicle 

refueling. MassDEP intends to amend 310 CMR 7.24(6) to require that motor vehicle fuel 

dispensing facilities with vapor balance systems install a PV vent cap on each underground motor 

vehicle fuel storage tank vent. It anticipates that the revisions will be effective by January 1, 2009. 

6.6.3 Asphalt Paving 

Asphalt paving is used to pave, seal and repair surfaces such as roads, parking lots, and 

walkways. Asphalt paving is grouped into three general categories: hotmix, cutback, and 

emulsified. Hot-mix asphalt, the most commonly used paving asphalt, produces minimal VOC 

emissions. Cutback asphalt is prepared by blending asphalt cement with a diluent, typically from 

25 to 45 percent by volume of petroleum distillates. Emulsified asphalt is a lower emitting 

alternative to cutback asphalt; emulsified asphalts use a blend of asphalt cement, water and an 

emulsifying agent, such as soap. Some emulsified asphalts may contain virtually no VOCs; 

others may contain up to 12% VOC by volume.
Final Section 6 - Page 12 of 12

The EPA published a CTG for the use of cutback asphalt in December 1977. The CTG 

recommended replacing cutback asphalt binders with emulsified asphalt during the ozone season. 

In 1979, EPA added a specification for emulsified asphalt to the CTG recommendations to limit 

the content of oil distillate in emulsified asphalt to no higher than 7 percent oil distillate. 

Massachusetts regulation 310 CMR 7.18(9) incorporated the CTG requirement for this sector 

and met 1-hour RACT as noted in Table 1. It bans the use of cutback asphalt during the ozone 

season, but with a number of exceptions. It does not address emulsified asphalt. 

During its review of additional control measures that states should consider adopting as part of 

the OTC regional 8-hour ozone attainment strategy, the OTC identified asphalt paving as a 

category where further VOC emission reductions could be achieved. It developed a model rule 

for the asphalt paving control measure that prohibits the use of cutback asphalt during the ozone 

season and limits the use of emulsified asphalt to that which contains not more than 0.5 mL of oil 

distillate from a 200 mL sample (as determined using American Society for Testing and 

Materials Methods) regardless of application. (This is equivalent to a VOC content of 0.25 

percent.)

MassDEP will propose an amendment to 310 CMR 7.18(9) to eliminate all exceptions to the 

ozone-season ban on use of cutback. It will also propose to limit the VOC content of emulsified 

asphalt to the level proposed in the OTC model rule, or to such other level as is determined to be 

feasible in Massachusetts. Upon completion of this rule amendment process, Massachusetts will 

meet 8-hour RACT control requirements for this source category. MassDEP anticipates that the 

revised control requirements will be effective by April 2009. 

6.7 Conclusions 

By fully complying with all 1-hour ozone standard RACT requirements, Massachusetts has 

reduced emissions of VOCs and NOx from stationary point and area sources significantly over 

the past 30 years. In order to meet the 8-hour ozone standard RACT requirements, MassDEP is 

committing to further reduce VOC emissions for the categories of solvent metal degreasing, 

gasoline dispensing vapor control, and asphalt paving by adopting revised regulations with an 

anticipated effective date no later than January 1, 2009. 

For large EGUs and other large NOx sources covered by the NOx Budget Program and Mass 

CAIR, those cap-and-trade programs meet RACT

MassDEP intends to review the three printing CTGs finalized by EPA in October 2006 and will 

determine in consultation with EPA whether existing Massachusetts regulations covering these 

source categories may be equivalent to the CTGs. If not, it will propose new regulations that will 

meet the CTG requirements. 

With the exception of MWCs, as discussed in Section 6.5.1,for all other CTG RACT categories 

and major non-CTG sources of VOC and NOx emissions, MassDEP has concluded that current 

RACT controls, as adopted and approved by EPA under the 1-hour ozone standard, constitute 

RACT under the 8-hour ozone standard.